Dublin Corporation v McDonnell

JurisdictionIreland
CourtCircuit Court
Judgment Date01 January 1946
Date01 January 1946
(Cir. Ct.),
Dublin Corporation
and
McDonnell

"Reasonable cause why possession should not be given" - Discretion of Court to grant or refuse order - Summary Jurisdiction (Ir.) Act, 1851, s. 15 (3).

In an application by a landlord under s. 15 of the Summary Jurisdiction (Ir.) Act, 1851, for an order for possession of premises let by him to a tenant, the right of the tenant under s. 15 (3) of the Act to show "reasonable cause why possession should not be given" is merely a right to plead such defences as are allowable by the law, applicable at the time, and a District Justice has no discretion under this sub-section as to the granting or refusing of an order, based on the reasonableness or unreasonableness of so doing. The Dublin Corporation applied to the District Court, under s. 15 of the Summary Jurisdiction (Ireland) Act, 1851, for an order for possession of premises, provided by them under the Housing of the Working Classes Acts, and let on a weekly tenancy. Proof was given of the plaintiffs' title and of the service of a notice to quit. The District Justice, purporting to exercise a discretion under s. 15 (3) of the Act as to the granting or refusing of an order based...

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3 cases
  • Donegan v Dublin City Council and Others
    • Ireland
    • Supreme Court
    • 27 February 2012
    ...33, [2005] 1 IR 604; Dublin City Council v Gallagher [2008] IEHC 354, (Unrep, Ó Néill J, 11/11/2008); Dublin Corporation v McDonnell [1946] IR Jur Rep 18; Dublin City Council v Hamilton [1999] 2 IR 486; Flanagan v University College Dublin [1988] 1 IR 724; Harrow LBC v Qazi [2003] UKHL 4......
  • Dublin City Council v Gallagher
    • Ireland
    • High Court
    • 11 November 2008
    ...and Leonard v Dublin City Council [2008] IEHC 79, (Unrep, Dunne J, 31/3/2008) distinguished; Dublin Corporation v McDonnell [1946] Ir Jur Rep 18 followed -Landlord and Tenant Law Amendment Ireland Act 1860 (23 & 24 Vict, c 154), s 86 - Housing Act 1966 (No 21), s 62 - European Convention o......
  • Dublin Corporation v Hamilton
    • Ireland
    • High Court
    • 1 January 1999
    ...only formal proofs were required under Section 62. 23The second of the particularly relevant cases is DublinCorporation -v-McDonnell, 1946 Ir. Jur. Rep. 18. That was a case decided by Judge Shannon in the Circuit Court on an appeal from an analogous application in the District Court for a ......

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