Lynham v Butler (No. 2)

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

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

Lynham

and

Butler (No. 2)

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 and 1927, he was entitled to the full beneficial occupation and possession of the lands as occupier of tenanted lands within the meaning of the said Acts to the exclusion of the plaintiff. He further pleaded a judgment of the High Court, affirmed by the Supreme Court, in a prior action of ejectment between the parties, as a decision in rem and as estoppel. By the said judgment the plaintiff's claim for possession of the lands had been dismissed on the ground that the Land Act, 1923, applied to them (reported [1925] 2 I. R. 82, 231). He also relied upon an order of the Judicial Commissioner, dated February 7th, 1924, declaring that the Land Act, 1923, applied to the lands; and he counterclaimed for possession. In his reply, the plaintiff pleaded a later order of the Judicial Commissioner, dated June 29th, 1926, made on appeal from a decision of the Commissioners of the Irish Land Commission other than the Judicial Commissioner in reference to the plaintiff's objection to the inclusion of the lands in a provisional list of lands to be vested under the Land Act, 1923. By the said order, the Judicial Commissioner had discharged his previous order of February 7th...