Lynham v Butler

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 01 January 1933
• Date: 01 January 1933

[H. C., I.F.S.],

Lynham

and

Butler

Liability of occupier as trespasser -Date of giving up possession - Measure of loss sustained by lessor - Rent paid by lessee to Land Commission during occupation - Expenditure incurred by lessee for fencing, etc - Basis of assessment of profits - Disposal of rent paid while in occupation.

Where a lessor has been wrongfully deprived of possession of tenanted lands he may on re-entry recover, in an action for trespass, and mesne profits, all the intermediate profits derived out of the premises from the time of the ouster, calculated as in an action for use and occupation. The rent, while not being taken as a minimum, should be taken into consideration in measuring the loss sustained by the lessor if he had the sole use and occupation of the lands himself, the latter being the widest measure which the Court may award...