Kennedy AMP; Sons v Housing Corporation of Great Britain

JurisdictionIreland
Judgment Date21 January 1932
Date21 January 1932
CourtSupreme Court (Irish Free State)
Kennan & Sons v. Housing Corporation of Great Britain
KENNAN & SONS, LTD.
Plaintiffs
and
HOUSING CORPORATION OF GREAT BRITAIN, LTD.,Defendants (1)

Supreme Court.

Practice - Appeal to Supreme Court - Summary summons - Application to admit further evidence - Mode of application - Rules of the Supreme Court (Ir.), 1905, Or. LVIII, r. 4.

Proceedings commenced by summary summons are the trial of an action, though heard upon affidavits only; and the order therein is a final order or judgment. Accordingly, upon appeal to the Supreme Court from such an order or judgment, fresh evidence can only be admitted upon notice stating the special grounds relied upon for seeking special leave to adduce the fresh evidence.

Application to admit further evidence, made to the Supreme Court on behalf of the plaintiffs, during the hearing of an appeal from an order of Hanna J. The defendants applied to have the order of Hanna J. reversed and the action dismissed.

The action was commenced by summary summons endorsed with a claim for £353 19s. 3d. for goods sold and delivered by the plaintiffs to the defendants, and for work and labour done by the plaintiffs for the defendants at their request. The proceedings were heard upon the affidavits filed on behalf of the plaintiffs and on behalf of the defendants; and Hanna J. entered judgment for the plaintiffs for the whole amount claimed.

During the hearing of the appeal before the Supreme Court, counsel on behalf of the plaintiffs applied for leave to read an affidavit filed subsequently to the hearing before Hanna J. No notice of an application to admit further evidence had been served.

Kennedy C.J. :—

This application to admit fresh evidence on affidavit must be disallowed. As we have more than once decided, proceedings commenced by summary originating summons

are actually the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT