Stokes v Tracey

• Jurisdiction: Ireland
• Judgment Date: 11 May 1920
• Date: 11 May 1920
• Court: Court of Appeal (Ireland)

Appeal.

Stokes v. Tracey.

STOKES

and

TRACEY (1)

Practice - Judgment - Action for recovery of land - Order 14, r. 1 - Specially indorsed writ - Tenancy "duly determined by notice to quit" - Order 3,r. 6 (F).

Appeal from an order of the King's Bench Division granting the plaintiff's motion for final judgment in an action for the recovery of possession of premises for over-holding. The special indorsement on plaintiff's writ was as follows:—"The plaintiff is entitled to possession of the shop and premises No. 1 Upper George's Street, Kingstown, in the County of Dublin, which was by agreement dated the 3rd day of July, 1918, let by the plaintiff (as Receiver over the estate of Philip P. Hynes) to the defendant as tenant from year to year from the 24th day of May, 1918, which tenancy was duly determined by notice to quit, expiring on the 1st day of March, 1920."

The agreement was for a tenancy from year to year at a rent of £1 a week. It contained the following clause:—"In the event of the landlord, or ally person or persons, company or

companies, for or on whose behalf he is Receiver, or the said Philip Hynes, requiring to obtain possession of the premises hereby let for the purpose of letting or selling same along With the Central Hotel premises, or for the purpose of negotiating for such letting or sale, or in the event of the said weekly rent of £1 being in arrear for four weeks, the landlord shall be entitled to determine the tenancy hereby created by giving unto the tenant one calendar month's notice to quit, in writing, such notice to be left at, or sent by post, addressed to the tenant at the premises, No. 1 Upper George's Street, Kingstown."

The notice to quit was in the following terms:—"Whereas the Yorkshire Fire and Life Assurance Company, on whose behalf I am Receiver, require to obtain possession of the shop and premises No. 1 Upper George's Street, Kingstown, in the County of Dublin (which you now hold of me as such Receiver under agreement dated the 3rd day of July, 1918), for the purpose of selling same, along with the Central Hotel premises: now I hereby give you notice to quit and deliver up the said shop and premises known as No. 1 Upper George's Street, Kingstown, in the County of Dublin, on the 1st day of March, 1919. Frank Stokes, Receiver over the estate of Philip P. Hynes. Dated this 31st day of January, 1920."

By a clerical error the date for giving up possession was stated to be "the 1st day of March, 1919," instead...