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High Court, on appeal from the Circuit Court, orders the possession of a property, on the grounds that the defendant’s arguments fell short of anything which might constitute a stateable grounds of defence.
Possession proceedings – appeal from the Circuit Court – possession ordered – pleadings - monies due by the Defendants to the Plaintiff pursuant to the loan facility amounted to €195,337.53, including arrears of €61,072.05 – affidavit evidence – loan facility – mortgage – folio – default – statement of account – change of name of plaintiff – MARP – non-cooperating – demands – correspondence - vacant possession required - lender’s powers – Circuit Court order - legal / beneficial ownership - “bare legal title” - Section 62(7) Registration of Title Act - Plaintiff is the registered owner of the charge - conclusiveness of the register - tax determination - no outstanding issue to be resolved – well short of a stateable defence - Plaintiff’s claim is unanswerable – possession ordered –
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