F.F. v C.F.

• Jurisdiction: Ireland
• Judgment Date: 01 January 1987
• Date: 01 January 1987
• Court: High Court

(H.C.)

F.F

and

C.F

Order for sale in lieu of partition - Whether jurisdiction to make order extant - Repeal of statutory power by statute law revision legislation - Whether power existed prior to statutory power - Effect of statute law revision - Act for Joint Tenants, 1542 (c. 10) - Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 (No. 29), s. 2(1). Statute - Statute law revision - Effect of legislation - Partition of land - Order for sale in lieu - Act for Joint Tenants, 1542 (c. 10) - Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 (No. 29), s. 2(1).

The plaintiff husband sought an order for sale of a matrimonial home which comprised a dwellinghouse which the parties held as joint tenants in equal shares under and by virtue of an indenture of lease with Dublin Corporation. The President of the Circuit Court held that he had power to make an order for sale of the matrimonial home in lieu of partition and so ordered, notwithstanding the repeal of the Act for Joint Tenants, 1542, in which the right of partition had its origin, by the Statute Law Revision (Pre-Union Irish Statutes) Act, 1962. The defendant appealed to the High Court. It was agreed by the parties that the point of law as to whether the trial judge was empowered to make an order for sale of the property, should be argued and decided by way of preliminary issue. The appellant contended that the plaintiff's right as joint tenant...