McArdle Moore Company Ltd v Kelly

• Jurisdiction: Ireland
• Judgment Date: 01 January 1960
• Date: 01 January 1960
• Court: District Court (Ireland)

(D.C.)

McArdle Moore & Co. Ltd

and

Kelly

Invalid sub-tenants - Omission to serve - Subsequent service - District Court Rules 1948, rr. 13, 51, 173 - Estoppel -Prior action for overholding dismissed - Occupation -Possible resumption of residence - Rent Restrictions Act, 1946.

In an action of ejectment, in the District Court, for overholding, the plaintiff did not serve any copy of the civil process on two invalid sub-tenants occupying portions of the premises, who had notice of the proceedings...