Lynham v Butler (No. 2)

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

Lynham

and

Butler (No. 2)

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

Jurisdiction of Commissioners of the Land Commission other than Judicial Commissioner - Exercise of powers conferred by Land Act, 1923 - Ascertainment of lands to be vested in the Land Commission -Whether exercising judicial or administrative powers - Whether jurisdiction conferred a violation of the Constitution - Status of Judicial Commissioner on hearing appeals - "Judicial power of the Irish Free State" - Pleading - Practice -Rejoinder - Motion to strike out paragraphs of rejoinder - Estoppel - Land Law (Commission) Act, 1923 (No. 27 of 1923), ss. 4, 12 - Land Act, 1923 (No. 42 of 1923), ss.24, 40 - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Arts. 2, 64, 68, 69.

The plaintiff commenced an action against the defendant, claiming mesne rates, or, alternatively, damages for trespass, in respect of the defendant's occupation of certain lands from August 22nd, 1924, to April 3rd, 1928. The former date was the date of the death of the cestui-que-vie for whose life the lands had been demised by the plaintiff to the defendant. The latter date was the date upon which the defendant had delivered up possession. The defendant, in his defence, pleaded that under and by virtue of the Land Acts, 1923, 1926...