The applicant, as estate trustee, sought an order for the respondents to vacate a property owned by the deceased and to pay occupation rent.
The respondents, the deceased's son, his wife, and daughter, had been residing in the property since the deceased's death and refused to vacate.
The respondents' request for an adjournment was denied due to a history of delay and lack of substantive evidence.
The court found the respondents were unjustly enriched by their occupancy without payment and ordered them to pay occupation rent, calculated from April 1, 2020, to April 30, 2023, with a reduction for the applicant's own delay in prosecuting the matter.
The daughter was not held monetarily responsible.
The court also ordered vacant possession and awarded costs to the applicant.
