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Proceedings arising from lease dispute are frivolous and vexatious
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High Court dismisses plaintiff's claim that a lease was unlawfully altered, and that An Garda Síochána failed to investigate certain criminal complaints properly, on the grounds that the claim is frivolous and vexatious; and the court restrains the plaintiff from instituting any further proceedings against any named defendants, on the grounds that: 1) the proceedings relate to the same issues raised by the plaintiff in previous proceedings issued in the Circuit Court; and 2) the plaintiff has sought to relitigate matters which have already been litigated and settled by him and his father.
Practice and procedure – O. 19, r. 28 of the Rules of the Superior Courts – dismissal of the plaintiff’s claim against the defendants on the grounds that it is an abuse of process – failure to disclose any reasonable cause of action – past litigation concerning the lease – the plaintiff’s criminal complaint – whether the plaintiff has continued to litigate the same claim dating from the Circuit Court proceedings in 2005 in a variety of actions against a large number of defendants – proceedings relate to the same issues raised by the plaintiff in previous proceedings issued in the Circuit Court – plaintiff seeks to question the finality of the Supreme Court’s judgment by suggesting he could amend his pleadings to include misfeasance – Isaac Wunder Order – plaintiff restrained from the institution of any proceedings against named defendants.
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