The High Court dismissed the defendant's defence and counterclaim in a dispute concerning grazing rights on two fields, and granted possession of the land to the plaintiffs, who are the registered owners. The court found that a verbal agreement allowing the defendant to graze animals on the land in exchange for benefit-in-kind was validly terminated after the defendant installed unauthorised security cameras, engaged in ongoing harassment of the second plaintiff, constructed structures without consent, and failed to remove livestock when requested. The court concluded the defendant had greatly exceeded the bounds of the original agreement and ordered him to vacate the land, remove all animals and items, and pay damages, including exemplary damages for harassment, with a portion offset for minor works. The counterclaim asserting an equitable or proprietary interest based on estoppel was rejected due to lack of evidence of any clear or enforceable promise beyond the terminated agreement.
possession of land – grazing rights – termination of agreement – counterclaim rejected – harassment – unauthorised surveillance – trespass – conacre and agistment agreements – estoppel – damages – exemplary damages – removal of livestock – breach of verbal agreement – unlawful occupation – Rules of the Superior Courts (RSC)