Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in a claim by the registered owner of a property as against the occupants and the previous owner of the property: (a) refuses an application by the previous owner to strike out the proceedings as vexatious, where there was a strong likelihood that the action would succeed at trial, in circumstances where there was no challenge to the registration of the owner, or any subsisting challenge to the earlier appointment of a receiver; (b) grants an injunction against the unknown occupants of four apartments, and the previous owner, restraining them from trespass, in circumstances where they had failed to enter an appearance or otherwise engage with the proceedings; (c) extends time for the unknown occupants to enter an appearance, where an indication had been made by the occupants - all non-nationals - that they wished to enter an appearance but had thus far failed to do so; (d) grants an order of discovery of documentation sought by the second named defendant from the plaintiff; and (e) adjourns the matter for further determination.
Application by registered owner of property for injunction restraining persons unknown from trespass - application to strike out claim against second named defendant - claim concerning four apartments - purchase of property by second named defendant - mortgage - possession - sale to plaintiff - unable to gain entry to property - occupants believed to pay rent to second defendant - claim by second defendant to be lawful owner of property - other proceedings brought in name of second defendant - no challenge to registration of plaintiff as owner - no subsisting challenge to appointment of receiver - claim for summary judgment against occupants - power of court to grant summary judgment where defendant has no real or bona fide defence - disclosure of rent paid to second named defendant.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now