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Applicant unsuccessful in appealing refusal to grant leave to issue execution of order for possession
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High Court, on appeal from the Circuit Court, which refused to grant leave to issue execution of an order for possession, and in circumstances where the Circuit Court had substituted the previous plaintiff which had obtained an order for possession, refuses the appeal, on the grounds that it was not satisfied that the applicant had established an assignment in writing of the mortgage and right to the benefit of the order for possession in the proceedings; but the court leaves open the possibility of a renewed application being made in the event that the applicant can provide evidence demonstrating that it is the entity entitled to the order for possession.
Appeal against refusal of Circuit Court to grant leave to issue execution of possession order - motion before Circuit Court was for two orders - first order was substituting applicant as plaintiff in proceedings - replacing previous plaintiff - second order leave to issue execution of order for possession - County Registrar granted first order - judge refused to grant second order - no appearance by defendants in Circuit Court - but appearance made here on appeal - grant of leave to issue execution is discretionary - unless a reason or explanation is given for lapse of time - the jurisdiction to seek leave to issue execution is not engaged - reasons provided for lapse of time - court analysis whether any change has occurred such that plaintiff is entitled to issue execution - defendants accept that the Applicant owns the charge - but defendants contend that it must establish that it owns the debt and that it has failed to do so - court refuses application - on grounds evidence before court does not establish an assignment in writing of the mortgage - nor right to the benefit of the order for possession - however court notes it does not exclude possibility of renewed application - where applicant provides evidence demonstrating it is entitled to issue execution.
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