Credit Finance Company Ltd v Grace

• Jurisdiction: Ireland
• Judgment Date: 01 January 1972
• Neutral Citation: 1965 WJSC-HC 2835
• Date: 01 January 1972
• Court: High Court

1965 WJSC-HC 2835

THE HIGH COURT

Credit Finance Co Ltd v. Grace

RE:-

CREDIT FINANCE LIMITED

.v.

GRACE

Nature of Document;-

1 CENTRAL OFFICE COPY/

Entering fee;-

2 18 Folios at

Solicitor:-

3 ???query??????

4 Address

5 P208

6 (9202).K44070.5oooo.6/66.W.P.W.Ltd.20.

KENNY J.:

7 Ashtown Car Sales Limited ("the company") borrowed money from the plaintiffs and on 31st March 1969 gave a debenture charged on their assets to secure its repayment. As additional security the plaintiffs got a guarantee dated 26th April 1969 by Thomas Doran, Brian Kenny and the defendant by which each of them guaranteed the repayment to the plaintiffs of the amount due by the company. When there was£5,977 - 9 - 9 due by the company, proceedings on the guarantee were brought by the plaintiffs against the three guarantors. On 27th October 1970 the plaintiffs got judgment against Michael Doran for£5,977 - 9 - 9 for principal and £47 - 9 - 0 for costs and on 16th November 1970 they got judgment against the defendant for£5,977 - 9 - 9 for principal and £23 - 3 - 0 for costs. The defendant did not enter an appearance andthe judgment was obtained by default. To convert this judgment into a judgment mortgage Mr. Sedgwick, the plaintiffs' secretary, swore an affidavit on 15th December 1970 which was filed in the Central Office of the High Court on 22nd December 1970 and in the Registry of Deeds on 23rd December. The affidavit is the printed form used for a long time in which blanks are left for the details. At the beginning of the affidavit Mr. Sedgwick "makes oath and says" and paragraphs 9reads:

"9. I further say that to the best of my knowledge and belief the said Michael Joseph Grace the said second named defendant is at the time of swearing this affidavit seized or possessed at law or in equity or has disposing power which he may without the assent of any other person, exercise for his own benefit over certain Lands Tenements Hereditaments and premises hereinafter mentioned, that is to say ALL THAT AND THOSE the hereditaments and premises comprised in and demised by an Indenture of Lease dated the 16th day of August 1938 made between Moses Somers of the first part of George Hill Tullock of the second part and James P. Walsh of the third part and therein described as ALL THAT AND THOSE that piece or plot of groundsituate on the north side of the Howth Road om Raheny North in the Barony of Coolock Parish of Raheny and City of Dublin...