High Court dismisses appeal and upholds decision of the Circuit Court granting the Plaintiff possession of the Defendant's property, on the grounds that: (a) the Plaintiff was the owner of the charge registered in the Land Registry against the Defendants’ property; (b) the Plaintiff retained the right to enforce the security, consistent with the retention by the Plaintiff of the legal interest as provided for in the Mortgage Sale Deed; and (c) there was no basis upon which the Court could properly direct a plenary trial.
Appeal of an order of the Circuit Court granting the Plaintiff possession of the Defendant's property - repossession - Registration of Title Act, 1964 - whether the plaintiff was the owner of the charge registered in the Land Registry against the Defendants’ property - Defendant raised a number of objections to the Plaintiff's application for possession - no evidence adduced to support the objections and they amounted to nothing more than bare assertion - appeal dismissed - order for possession granted.