Donnelly (Tony) Deceased and Frances Donnelly v Jimmy Doyle
| Jurisdiction | Northern Ireland |
| Judge | Shiel LJ |
| Judgment Date | 18 March 2005 |
| Neutral Citation | [2005] NIQB 26 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 18 March 2005 |
| Year | 2005 |
1
Neutral Citation No. [2005] NIQB 26 Ref:
SHEF5230
Judgment: approved by the Court for handing down Delivered:
18/03/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION
_______
ON APPEAL FROM THE COUNTY COURT FOR THE DIVISION OF
FERMANAGH AND TYRONE
______
BETWEEN:
TONY DONNELLY DECEASED AND FRANCES DONNELLY
Plaintiffs/Respondents;
-and-
JIMMY DOYLE
Defendant/Appellant.
________
SHEIL LJ
[1] The defendant/appellant by way of a summons issued on 21
December 2004 applies to this court, pursuant to Order 3, rule 5(1) of the
Rules of the Supreme Court (Northern Ireland) 1980, to extend the 24 day
time limit for lodging a requisition to state a case for the opinion of the Court
of Appeal upon a point of law arising out of an appeal heard by this court.
[2] This litigation commenced with a title civil bill involving a dispute
between the plaintiffs and the defendant as to the ownership of a laneway
leading to the plaintiffs’ house off the Derrybard Road outside Fintona in
County Tyrone. The civil bill was issued on 8 November 2000. On 16 May
2002 the County Court decided the dispute in favour of the plaintiffs. On the
31 May 2002 the defendant appealed that decision to this court. On 8 October
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