Waterford County Council v Dunne

• Jurisdiction: Ireland
• Judgment Date: 01 January 1962
• Date: 01 January 1962
• Court: District Court (Ireland)

(D.C.)

Waterford County Council

and

Dunne

Vacation by cottier tenant - Possession taken by stranger - Strangernamed as defendant - Jurisdiction of District Court - Landlord and Tenant Law Amendment Act, Ireland, 1860, s. 86.

The tenant of a cottier tenancy, held from a Local Authority, vacate same in circumstances which could be construe as a surrender of her interest. Some weeks later, a trespasser was found to be in occupation. The Local Authority named the trespasser as defendant in a civil process of ejectment purported to be brought under the Landlord and Tenant Law Amendment Act, Ireland, 1860, s. 86. Held, that the District Court had no jurisdiction to entertain the action. It is incompetent to eject, by...