Hennessy v Cahill

• Jurisdiction: Ireland
• Judgment Date: 08 November 1945
• Date: 08 November 1945
• Court: High Court

Hennessy

and

Cahill

Covenant by lessee to "bear and pay all taxes, rates and outgoings now payable or hereafter to become payable by the lessee in respect of the said premises" - Town rates - Payable by lessee - Whether lessee entitled to deduct amount of rates paid from the rent.

A least of certain freehold land in the town of Galway for a term of 999 years, which was made in the year 1858, contained a covenant by the lessee that he would build on the premises, within the time and at not less than the minimum cost therein specified, one dwellinghouse and offices, with a further covenant that he, his executors, administrators, and assigns would, during the term of the lease, pay the annual rent thereby reserved and "bear and pay all taxes, rates and outgoings now payable or hereinafter to become payable by the lessee in respect of the said premises." Among the taxes, rates and outgoings payable in respect of the premises were certain town rates, which, so far as the evidence showed, had always been paid by the lessee. In the year 1941 the defendant, who was then entitled to the interest of...