O'Reilly v Kevans and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1935
• Date: 01 January 1935
• Court: Circuit Court (Irish Free State)

[Cir. Ct., I.F.S.],

O'Reilly

and

Kevans and Others

Shed or yard - Building contractor - User - Carrying on a business -School property - New science laboratory - Scheme of development - Alternative proposals - Right to new tenancy - Costs in alternative application.

A one-story shed, or a yard, originally roofed with corrugated iron sheeting, but which roof, at the date of an application to the Court by the tenant for relief, was in a dilapidated condition. Held, to be a tenement within the meaning of s. 2. The tenant used such shed or yard for the purpose of storing therein building equipment and materials necessary for his business of builder and contractor. Held, to be a user by the tenant for the purpose of carrying on a business within s. 19 (1) (a). A scheme of development of school property contained provisions for the building and erection of a science laboratory and for the enlargement of an existing playground for pupils of a secondary school. Held, to be a scheme of development of property within s. 22, (1) (b). The Court was satisfied that the site of a tenement, to which the Act applies, was required, by the owners in fee-simple, for the purpose of,either, building and erecting a science laboratory thereon, or enlarging an existing...