Commissioners of Public Works v Kavanagh

JurisdictionIreland
Judgment Date01 January 1963
Date01 January 1963
CourtSupreme Court
(S.C.)
Commissioners of Public Works
and
Kavanagh

Commissioners of Public Works in Ireland named as applicants - Premises occupied by Garda SÃochána -"Tenement" - "Tenant" - Whether applicants entitled to long family possession equity - Whether occupation of Gárda Siochána constitutes occupation of Commissioners of Public Works in Ireland - Whether State the tenant - Whether Commissioners agents of the State - Landlord and Tenant Act, 1931, ss. 2, 19.

The applicants held from the respondents premises in Laois which, since 1st January, 1925, had been occupied by the Gárda Siochána. The applicants were the tenants under and by virtue of three tenancy agreements dated, respectively, the 15th July, 1927, 27th October, 1948, and the 11th April, 1951. The last-mentioned agreement was for one year and thereafter from year to year if so required by the applicants. The applicants, having been served with a notice to quit by the respondent, served a notice of intention to claim relief under the Landlord and Tenant Act, 1931, s. 24, and later served an originating application. They contended at the hearing before the Circuit Court Judge that they were entitled to a new tenancy under s. 19, sub-s. 1 (b), of the Act of 1931, having been in possession of the tenement during the whole of the period of thirty years next preceding the termination of the tenancy. Upon the application coming before the Circuit Court Judge he stated a case for the opinion of the Supreme Court for the determination of the following questions—1, Are the premises the subject-matter of this application a "tenement"within the definition of such term contained in...

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6 cases
  • Shanley v Commissioners of Public Works in Ireland
    • Ireland
    • High Court
    • 1 January 1992
    ...Landlord and Tenant (Amendment) Act, 1980, had not taken away any right from the plaintiff. Commissioners of Public Works v. KavanaghIR [1962] I.R. 216 distinguished. High Court [1990 No. 10012P] Shanley v. Commissioners of Public Works in Ireland Patrick Shanley Plaintiff and The Commissio......
  • Kemmy v Ireland
    • Ireland
    • High Court
    • 25 February 2009
    ...to fair trial includes appeal process - Whether process to which plaintiff subjected unfair - Commissioner of Public Works v Kavanagh [1962] IR 216; Crotty v An Taoiseach [1987] 1 IR 713; Byrne v Ireland [1972] 1 IR 241; Meskell v Córas Iompair Éireann [1973] IR 121; Kennedy v Ireland [19......
  • Health Service Executive (HSE) v Commissioners for Valuation
    • Ireland
    • High Court
    • 13 June 2008
    ...ACT 1919 CONSTITUTION ART 10 WEBB v IRELAND 1988 IR 353 BYRNE v IRELAND 1972 IR 241 COMMISSIONERS OF PUBLIC WORKS v KAVANAGH 1962 IR 216 LANDLORD & TENANT ACT 1931 CORK CO COUNCIL & BOURKE v OFFICE OF PUBLIC WORKS 1945 IR 561 HOGAN & MORGAN ADMINISTRATIVE LAW IN IRELAND 3ED 1998 113 HEAL......
  • Byrne v Ireland
    • Ireland
    • Supreme Court
    • 1 January 1972
    ...590. 3 [1949] I.R. 91. 4 (1951) 90 I.L.T.R. 139. 5 [1965] I.R. 642. 6 See pp. 285-6, 303-5. 7 See pp. 303-5, post. 8 [1950] I.R. 142. 9 [1962] I.R. 216. 10 [1966] I.R. 11 [1962] I.R. 216. 12 [1927] I.R. 62. 13 [1950] I.R. 142. 14 [1966] I.R. 345. 15 [1931] I.R. 558. 16 [1950] I.R. 67. 17 (1......
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2 books & journal articles
  • Reappraising Byrne v Ireland: on why Ireland is a Sovereign State
    • Ireland
    • Hibernian Law Journal No. 20-2021, January 2021
    • 1 January 2021
    ...33 he report of Maguire CJ’s judgment is contained in the report of Kingsmill Moore J’s judgment. Comyn (n 4) 164-65. 34 ibid 165. 35 [1962] IR 216 (SC). 36 ibid 226. Reappraising Byrne v Ireland: on why Ireland is a Sovereign State 123 In MacCauley v Minister for Posts and Telegraphs 37 (‘......
  • Reappraising Byrne v Ireland: on why Ireland is a Sovereign State
    • Ireland
    • Hibernian Law Journal No. 20-2022, January 2022
    • 12 January 2022
    ...added). The report of Maguire CJ’s judgment is contained in the report of Kingsmill Moore J’s judgment. Comyn (n 4) 164-65. ibid 165. [1962] IR 216 ibid 226. Reappraising Byrne v Ireland: on why Ireland is a Sovereign State 123 In MacCauley v Minister for Posts and Telegraphs37 (‘MacCauley’......

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