Northern Bank Ltd v Haggerty
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1995 |
| Date | 01 January 1995 |
| Court | Chancery Division (Northern Ireland) |
- Sale by court - Sale of property and distribution of proceeds - Application by party interested in one moiety or upwards requesting court to direct sale - Party required to show that decree of partition might have been made before passing of Partition Act - Right to partition confined to persons having estates in possession - Whether party owning charge over land would have been granted partition - Whether party owning charge over land able to show an interest in one moiety or upwards in property - Partition Act, 1868, s. 4.
In 1991 the bank obtained a judgment against H. in the sum of £13,260.63 together with costs and on 15 April, 1992, an order charging land was made under art. 46 of the Judgments Enforcement (Northern Ireland) Order, 1981, in favour of the bank, imposing on H's interest in the family house, which he jointly owned with his wife, a charge securing payment of a total sum of £12,068.33. On 28 June, 1993, the bank was granted leave to exercise the power of sale contained in art. 52 of the 1981 Order. The bank issued an originating summons on 21 July, 1993, seeking the remedies of possession and partition or in the...
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