McArdle Moore Company Ltd v Kelly

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

(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 otherwise. It was submitted on behalf of the tenant that such omission was incapable of being rectified by service during a subsequent adjournment of the hearing. Held, (1) That, if such omission were material, it could be rectified by service during the interval prior to the adjourned hearing. (2) That the dismissal, by the same District Court, of a prior action of ejectment, due to inefficacy of the notice to quit then relied on, was not a bar to the present proceedings. O'Donnell v. Ryan 7 Ir. Jur. (O.S.) 127...