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High Court, in possession proceedings, dismisses the defendant's appeal and affirms Circuit Court orders substituting the respondent for the plaintiff in the proceedings and granting the plaintiff leave to execute the order for possession in respect of the property, on the grounds, inter alia, that: the fact that an incorrect name may have been applied to the address by the defendant’s former solicitor (and the court makes no finding in that regard), does not affect the validity of the mortgage, or the validity of the order for possession granted in favour of the bank in 2015.
De novo hearing - order for possession - mix-up - mistake on part of solicitor - application by respondent to be substituted as plaintiff in the proceedings - further leave requested to execute the order for possession - deed of transfer - deed of conveyance and transfer - substitution application - court satisfied that defendants loan with bank and security over the property were part of the loans and securities transferred by bank to respondent in 2019 - satisfied appropriate and interests of justice for respondent to be substituted as plaintiff - central issue - satisfied that evidence establishes that mortgage was intended to be created for the property - fact that defendant's former solicitor applied an incorrect name to address did not affect the validity of the mortgage - or validity of the order for possession.
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.
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