Tuesday 20 August 2019

Two men lose appeal against bank possession of house

The house was not the family home of either man
The house was not the family home of either man

Tim Healy

Two men have lost their appeal against an order granted to a bank for possession of a house in Co Galway.

Mr Justice Seamus Noonan ruled Shane Hanley and Alan Giblin had not established any defence to the claim by Bank of Ireland Mortgage Bank for possession of the house at Country Meadows, Cloonthua, Tuam.

The house was not the family home of either man and was rather rented out by them to tenants, the judge said.

The men had appealed an order for possession granted to the bank by the Circuit Court in December 2014.

The core issue in the appeal was whether the Circuit Court had jurisdiction to make the possession order.

The men argued the bank had not properly established the rateable valuation of the property in the Circuit Court with the effect, they contended, it had no jurisdiction to make the possession order.

Dismissing the appeal, Mr Justice Noonan said failure to prove the rateable valuation did not deprive the Circuit Court of jurisdiction.

However, if no such proof was provided, a plaintiff took a risk the Circuit or High Courts may later be deprived of jurisdiction if a defendant establishes there is a rateable valuation and it exceeds the statutory limit, he said.

Whenever it is necessary to ascertain the annual value of any lands for the purpose of Circuit Court proceedings, where there is no valuation of those lands, it is permissible to estimate the value of the lands according to the principles of valuation set out in the Valuation Acts, he said.

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