Kilkeel Rural District Council v Lane-Joynt

JurisdictionNorthern Ireland
Judgment Date01 January 1934
Date01 January 1934
CourtKing's Bench Division (Northern Ireland)
[K. B. D., N. I.],
Kilkeel Rural District Council
and
Lane-Joynt

Demand under - Statute of limitations - Water supply - Annual rent - Non-payment of - Waterworks Clauses Act,1863 - Public Health (Ir.) Act, 1878 - Public Health (Ir.) Act, 1900 - Local Government (N.I.) Act, 1929, s. 7 (1) and (2).

In 1926 A. entered into an agreement with B., a Rural District Council, for a supply of water at a fixed rental per annum. He paid the rent for four years up to 31st March, 1931, but then refused to pay any more. B. sued him in the County Court for two years' arrears up to 31st March, 1933. A.'s defence was that as the Local Government (N.I.) Act had rendered him liable to a general water rate he was no longer liable for his annual rent. The County Court Judge gave judgment for plaintiffs for one year's rent, but dismissed the claim for the first year on the ground that it was statute barred. Held, on appeal, that the defendant was bound by his...

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