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The High Court dismissed applications by two borrowers seeking to set aside a Circuit Court order for possession of their property, following years of non-participation in the proceedings and subsequent re-entry into the property after execution of the possession order. The defendants argued that the court orders were void due to lack of jurisdiction, alleged fraud, and improper title by the lender, but failed to present any credible evidence or engage appropriately with the original proceedings. The judge strongly criticised the defendants’ strategy of relying on a self-invented 'private process' outside the legal system, the repetitive and baseless allegations made against the lender and its representatives, and the abuse of court process in attempting to re-litigate settled matters. The court refused to admit additional evidence, found no breach of constitutional justice, and ordered costs against the defendants, condemning their conduct as a manifest abuse of process.
possession proceedings – application to set aside court order – abuse of process – mortgage enforcement – execution order – re-entry by borrowers – jurisdiction of Circuit Court – application for new evidence – finality of litigation – res judicata – Henderson v. Henderson rule – Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 – Rules of the Superior Courts (RSC) – Article 34.1 of the Constitution (justice administered in public) – costs – scandalous allegations – credit servicer standing – sham private process
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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