High Court cancels inhibitions placed on property folios on the application of the notice parties, finding that the power of the court to cancel the inhibitions is discretionary.
Plaintiff is a judgment creditor of the defendants for the sum of €1,301,344.44 and the holder of a judgment mortgage over lands comprised, inter alia, in five folios (“the folios”) registered in the names of the defendants - on 14th July, 2014 the court granted to the plaintiff an order declaring the judgment debt well charged on the folios and made an order for sale of the property and for the taking of the appropriate Account and Enquiry by the Examiner of the High Court - in April and December 2014 the notice parties lodged inhibitions at the Property Registration Authority - defendants are a married couple. The first notice party is the mother of the first defendant and the second notice party is the brother of the first defendant - on 20th August, 2009 the plaintiff obtained judgment against the defendants in the total sum of €1,301,334.44 - on 10th February, 2011 the plaintiff registered a judgment mortgage against the first defendant’s interests as the registered full owner of five folios - on 11th January, 2012 the plaintiff issued a special summons seeking orders declaring the judgment debt to be well charged on the Folios and orders for sale and ancillary accounts and enquiries - on 3rd December, 2015 the plaintiff applied to the Authority for cancellation of the inhibitions - Section 98 of the Registration of Title Act, 1964 - Land Registration Rules, 2012 (S.I. No. 483/2012) - no reported judgments on a contested application to cancel an inhibition - purpose and effect of inhibitions - affidavits of plaintiff and notice parties - submissions of notice parties - power of court to cancel inhibitions is discretionary - inhibitions cancelled.