Campbell, Seaton v Rose Brown, Donna and Brown, Carlton AND Rose Brown, Donna v Brown, Carlton et al

Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered title to said property subject to the claimant’s occupancy of same – Effect of claimant’s registered title in relation to claimant’s occupancy of said property – Whether defendants ought to be awarded summary judgment