McCaffrey (Patrick Fintan) v McCaffrey (Eugene)

JurisdictionNorthern Ireland
Judgment Date19 March 2014
Neutral Citation[2014] NIMaster 6
Date19 March 2014
Year2014
CourtChancery Division (Northern Ireland)
1
Neutral Citation No. [2014] NIMaster 6
Ref:
13/54714
Judgment: approved by the Court for handing down
Delivered:
19/03/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
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BETWEEN:
PATRICK FINTAN McCAFFREY
Plaintiff;
and
EUGENE McCAFFREY
Defendant.
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MASTER ELLISON
1. This is an application by originating summons for a declaration that the freehold
land comprised in Folio 9805 County Fermanagh is well charged with the principal
sum of £50,000 and £25,043.60 for interest (calculated at the judgment rate of 8 per
cent per annum from 24 October 2007 down to the date of hearing 27 January 2014)
and for an order for sale and possession of that land, any necessary account, further
or other relief and costs. The plaintiff (“Patrick”) is the registered owner of the
charge pursuant to which he is claiming and the defendant (“Eugene”) is the
registered owner of the land, which does not include a dwelling. The charge arises
as a result of, and the plaintiff claims interest from the date of, an order of

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