High Court dismisses the plaintiffs’ proceedings on the grounds that they are bound to fail due to the failure to join relevant parties, and that they seek seeks to challenge the conclusiveness of the rights of the defendants as the registered owners of relevant properties without meeting the statutory requirement for amendment or rectification of the property register.
Application to dismiss proceedings on the grounds that the claim disclose no reasonable cause of action and is frivolous and vexatious – application to vacate lis pendens – no appearance by plaintiff at the hearing of the motion – claim to have acquired an interest in two properties - ongoing dispute between the first defendant and the vendors of the properties – defendants purportedly mortgaged its interests in the Properties ...” to Anglo Irish Bank Corporation Plc – mortgages allegedly did not contain the true signatures - Property Registration Authority – defendants are registered in the Property Registration Authority as owners, and where the plaintiffs have not even attempted to make out a case of entitlement to correct the register – relevant parties not joined to the action - pleadings applied for registration as owners of the relevant properties - proceedings were therefore launched at a time when the application by the Cohens to register themselves as owners of the relevant properties were well underway - seeks to challenge the conclusiveness of the rights of the defendants as the registered owners of the relevant properties without meeting the statutory requirement for amendment or rectification of the register as set out in s. 31 (1) of the 1964 Act, or to mount claims which are without any legal or factual substratum – bound to fail – proceedings dismissed.