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High Court refuses to quash decision of Circuit Court (Fergus J) affirming an earlier decision (District Judge Kilraine) to award an order for possession of a dwelling house, previously occupied by the applicant's now deceased brother, to the county council as notice party, where the applicant accepts he does not meet the two-year occupation requirement prior to his brother's death in order to succeed to his brother's former tenancy and, as such, his rights are not engaged by virtue of the respondent's order.
Judicial review - certiorari - application to quash judgment and order of first respondent affirming the decision of a District Judge awarding an order for possession of a dwelling house in County Donegal - county council joined as a notice party - facts as presented in grounding affidavit - notice party's statement of opposition - alleged acquiescence and waiver - failure to seek prohibition as a relief - whether Article 8 European Convention right engaged - application of social housing 'allocation scheme' - succession of tenancy dependent on continuous occupation for at least two years prior to death of former tenant - applicant's brother as former tenant now deceased - possession order appealed to Circuit Court - whether applicant permit to call evidence in support of his appeal - Convention rights alluded to by Circuit Court Judge - applicant's acceptance of inability to fulfil two-year occupation requirement - judicial review refused - discretionary remedy.
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