Court of Appeal dismisses an appeal by two litigants in person, affirming the High Court's decision to grant a bank orders for possession of lands. The appellants had sought to challenge the validity of the bank's claim based on alleged overcharging of interest and the non-execution of mortgage instruments by the bank. However, the court found no basis to revisit its 2018 judgment, which reinstated the bank's 2016 default judgment against the appellants. The court also held that the bank's title to the charges registered on the lands was conclusive, and the appellants could not impugn the validity of the 2016 judgment sum without establishing actual fraud or meeting the exceptional standards of the Greendale jurisprudence, neither of which were demonstrated. Consequently, the bank's right to seek possession under statute was upheld.
Court of Appeal, High Court, possession orders, Registration of Title Act 1964, mortgage default, overcharging of interest, non-execution of mortgage instruments, Greendale jurisprudence, conclusiveness of the Register, actual fraud, section 62(7) ROTA 1964, default judgment, litigants in person, County Westmeath, bank's entitlement, appeal dismissed.