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High Court affirmed the plaintiff's ownership of the majority of the Garrymore Bog lands, except for one Plot, and issued permanent injunctions against the defendant for trespassing and unauthorised peat extraction. The court dismissed his counterclaim for ownership of a Plot, and damages, finding no credible basis for his adverse possession claim. The court also rejected his jurisdictional challenge, which echoed arguments previously dismissed in another case. Despite an adjournment request by the defendant to seek legal advice and retain a forensic investigator, the court proceeded with the trial due to his unwillingness to comply with interlocutory orders and lack of evidence showing critical prejudice from the immediate trial.
Bogland ownership, trespass, Garrymore Bog lands, Compulsory Purchase Order (CPO), adverse possession, permanent injunctions, counterclaim, jurisdictional challenge, interlocutory orders, peat extraction, environmental license, Turf Development Act, Registration of Title Act, High Court, Plot 570, Plot 572A, no damages awarded.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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