In a recent High Court case, the court considered a matter where two defendants entered a loan agreement with a mortgage company and on the same date, they executed a deed of mortgage with the same company. The mortgage was then registered as a charge against the property. The defendants fell into arrears with the repayments and the plaintiff issued a Civil Bill in the Circuit Court seeking an order for possession.
The title to the relevant lands was registered under the Registration of Title Act 1964. The application for possession was made pursuant to section 62(7) of the Registration of Title Act 1964. An order for possession was made by the County Registrar where there was no appearance by the defendants but one of whom was unaware of the proceedings taking place. This defendant then sought an order to set aside the possession order.
This defendant thought the order had been made by a Circuit Court judge and consequently took the wrong route by appealing the order to the High Court. When the case came before the High Court, submissions were made pointing out to the court that it had no jurisdiction to hear an appeal from a county registrar and the correct court for such an appeal was the Circuit Court.
This was unfortunate for the defendant who was unaware of the initial repossession order, and she was then out of time to appeal but could make a separate application to a Circuit Court judge to extend the time of appeal. (Promontoria (Field) DAC v Mahon and Mahon – [2019] IEHC 218).
For further information on Litigation Claims you should contact:
Brian Morgan
Morgan McManus Solicitors
Web: www.morganmcmanus.com
Email: bmorgan@morganmcmanus.ie
Ph. No.: 00353 47 51011