Gill FJ:

[2] The facts of the case as set out in the plaintiff's statement of claim are as follows. The plaintiff paid to the defendant the agreed purchase price of $1,000 on the date of the agreement, and the defendant on the same day handed to the plaintiff the issue document of title in respect of the said land. No document of transfer was executed as it would not have been possible to have it registered because of the moratorium then in force, but the defendant undertook to execute a valid and registrable transfer of the land in favour of the plaintiff when the moratorium was lifted. The plaintiff went into occupation of the land, built a plank house with zinc roof thereon and has lived there with his family ever since and paid