Meares v Connolly

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date14 March 1930
Docket Number(1930. No. 390.)
Date14 March 1930
(1930. No. 390.)
Meares v. Connolly.
GEORGE M. MEARES
Plaintiff
and
M. CONNOLLY
Defendant.

Practice - Summary summons - Special indorsement - Action for recovery of land - Tenancy determined by notice to quit - Right to serve notice dependent upon happening of contingency - Incorrect procedure - No power of amendment by the Court - Rules of the Supreme Court (Ir.),1905, Or. III, r. 6 - Rules of the High Court and Supreme Court, 1926,Or. II, r. 3; Or. III, r. 1 (ii); Or. XV, r. 5.

Summary Summons.

The plaintiff issued a summary summons, the special indorsement of which was as follows:—

"Special indorsement of claim.

The plaintiff is entitled to possession of the two rooms on the second floor and three rooms on the third floor of the house, No. 19 Kildare Street, in the Parish of St. Ann, and City of Dublin, which were, by agreement in writing, dated the 14th day of October, 1925, let by the plaintiff to the defendant as tenant from year to year from the 1st day of November, 1925, which said tenancy was duly determined by notice to quit expiring on the 18th day of January, 1930. The plaintiff claims possession of the said premises."

The defendant entered an appearance "without prejudice to a defence on the ground that the manner in which the proceedings have been brought is improper, irregular, or not according to law; and, further, without prejudice to a motion to remit."

The plaintiff, in his affidavit, made in pursuance of Or. XV, r. 2, of the Rules of the High Court and Supreme Court, 1926 (as amended by Order made on the 14th April, 1927), to show that he was entitled to possession, stated that the said rooms were let by him by an agreement in writing, dated the 14th day of October, 1925, to the defendant as tenant from year to year from the 1st day of November, 1925, and that the said tenancy was duly determined by a notice to quit, dated the 16th day of December, 1929, which expired on the 18th day of January, 1930. On the 20th day of January possession was demanded, and refused.

By the said agreement the plaintiff agreed to let, and the defendant agreed to take, the said rooms at a rent of £52 per annum, payable quarterly in advance, on the 1st day of November, 1st day of February, 1st day of May, and 1st day of August in each year, the first payment to be made on the 1st November, 1925; and the defendant agreed to pay the said rent at the times aforesaid. The agreement contained the following proviso:—"Provided always that should...

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12 cases
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    • Ireland
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    • 1 January 1993
    ...COURT 1905 O.3 r6 LANDLORD & TENANT LAW AMDT ACT IRL 1860 KEATING V MULCAHY 1926 IR 214 ARDEN V BOYCE 1894 1 QB 796 MEARES V CONNOLLY 1930 IR 333 NOLAN V CULLEN 1901 2 IR 628 FITZSIMONS V PARKER 1949 IJ 59 THOMPSON V O'NEILL 90 ILTR 73 SWEENEY V POWERSCOURT SHOPPING CENTRE 1985 ILRM 442......
  • Namlooze Venootschap de Faam v The Dorset Manufacturing Company Ltd
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    ...... Meares v. Connolly, [1930] I. R. 333 followed. Summary Summons. During the months of August and September, 1947, in pursuance of ......
  • O'Driscoll v Cork County Council and Another
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    • 22 February 1950
    ......Miley's point is well founded. It is not competent to bring the present proceedings by summary summons. It is clear from the decision in Meares v. Connolly(4)that I have no power to amend a summary summons into a plenary summons. I am prevented by Or. II, r. 3, of the Rules of High Court and ......
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