Dublin Corporation v McDonnell

• Jurisdiction: Ireland
• Judgment Date: 01 January 1946
• Date: 01 January 1946
• Court: Circuit Court

(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...