Solomon v Red Bank Restaurant, Ltd

• Jurisdiction: Ireland
• Judgment Date: 08 March 1938
• Date: 08 March 1938
• Docket Number: (1936 No. 205 P.)
• Court: High Court

I.F.S.]

Solomon

and

Red Bank Restaurant

Limited

for quiet enjoyment - Breach of covenant - Right of way - Permanent obstruction - Remedy - Whether mandatory injunction or damages - Chancery Amendment Act, 1858 (Lord Cairns' Act) (21 22 Vict. c. 27), s. 2 - Costs.

On the facts proved in evidence the Court declared that the defendants had, in breach of their covenant with the plaintiff for the quiet enjoyment by him of certain premises held by him from the defendants, permanently obstructed the plaintiff's user of a certain passage on the said premises. On the question of the appropriate remedy to be granted to the plaintiff. Held, that, having regard to all the circumstances of the case and to the discretion vested in the Court by the provisions of Lord Cairns' Act (21 & 22 Vict. c. 27), and to the fact that the said passage led only to a chute that had not been used for upwards of forty years...