High Court, on appeal from the Circuit Court, refuses to grant an order for possession of property subject to a charge, and remits the matter to plenary hearing, on the grounds that, although the applicant institution had been registered as owner of the charge, it had not established the transfer of the loan from the original lender to itself, and could therefore not satisfy the court that the borrowers were in default.
Application for order delivering up lands - registered charge - change in ownership of charge - appeal from Circuit Court - full rehearing - challenge to transfer of loan and charge.