High Court dismisses appeal of Circuit Court order for possession of defendants' property, the court being unpersuaded of defences raised, including, inter alia, alleged breach of statute of limitations and alleged unfair terms in the mortgage contract.
Defendants’ appeal against an order of the Circuit Court dated 19th July, 2016 that the plaintiff recover from the defendants' possession of a premises - by notices of motion dated 16th August, 2016 and 8th February, 2017, grounded respectively on affidavits sworn by the first defendant on 16th August, 2016, and 8th February, 2017, the defendants sought to have the Circuit Court Order vacated on the basis that the Circuit Court had no jurisdiction to determine the application for possession - by Order of the High Court of 27th February, 2017, the High Court refused to vacate the judgment of the Circuit Court for want of jurisdiction - High Court ruled that it had jurisdiction to hear and determine the matter - in or about June 2008, financial institution agreed to make a loan facility to the defendants in the sum of €122,600 repayable by monthly instalments - Civil Bill for possession issued on 18th February, 2015 - first defendant avers that the Circuit Court erred in law and in fact in allowing the plaintiff to pursue the defendants through the courts in circumstances where the plaintiff had not established that it existed as a legal entity - ample evidence before the Court as to the plaintiff’s existence as a legal entity - alleged breach of statute of limitations - alleged incorrect sums claimed by the plaintiff - alleged failure of the plaintiff to allow the defendants to repay their borrowings - alleged failure of the plaintiff to allow the defendants to repay their borrowings - alleged unfair terms in the mortgage contract - Court not persuaded by arguments of first defendant - appeal dismissed and order of the Circuit Court affirmed.