Member Login

Appeal of County Registrar’s order should have been made to Circuit Court

By: Stare

or click here to request site subscription to search and view all judgments

High Court strikes out Notice of Appeal in order for possession case where the second named defendant sought to bring an appeal to the High Court rather than to a judge of the Circuit Court, finding that the High Court does not have jurisdiction to entertain the appeal against the order of the County Registrar, and any appeal should instead have been made to a judge of the Circuit Court.

Banking law – jurisdiction – purported appeal from the Circuit Court to the High Court – order for possession – section 62(7) of the Registration of Title Act 1964 – second named defendant sought to bring an appeal to the High Court rather than to a judge of the Circuit Court – High Court does not have jurisdiction to entertain the purported appeal – Order 5B of the Circuit Court Rules – Section 34 of the Courts and Courts Officers Act 1995 – Delany, The Courts Act 1924 – 1997 (Round Hall, Dublin, 2nd ed., 1999) – Sections 37 and 38 of the Courts of Justice Act 1936 – notice of appeal struck out.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *