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Kirkpatrick v Watson

Irish Jurist Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1943
Date01 January 1943
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
Kirkpatrick
and
Watson

Ejectment - Petty Sessions- "Rent not exceeding the rate of £26 a year"- Rent of ten shillings a week - No jurisdiction -Summary Jurisdiction and Criminal Justice Act (N.I.), 1935, (25 and 26 Geo. 5, c. 13) (N.I.), s. 15 (1) (a) - Practice - Appeal - Question of jurisdiction of lower court - Appeal from magistrate to quarter sessions and from there by way of case stated to Supreme Court - Point as to jurisdiction of magistrate not raised at quarter sessions - May be made for first time before Supreme Court - If not raised by either party should be taken by Court.

  1. (1) The provision of s. 15 (1) (a) of the Summary Jurisdiction and Criminal Justice Act (N.I.), 1935, conferring jurisdiction in ejectment cases upon courts of summary jurisdiction in relation to "any house or part of a house with or without land which is let by any landlord for one month or from month to month or in like manner for any lesser period of time at a rent not exceeding the rate of twenty-six pounds a year" does not extend to the case of a letting at a weekly rent of ten shillings, and accordingly, ejectment proceedings in such a case should be instituted in the County Court. (2) Where a plaintiff, who had let his house to the defendant at a rent of 10/- a week, sought to eject the latter at Petty Sessions, and the summons was dismissed, but on appeal the County Court Judge discharged the magistrate's order, and granted an order for possession...

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