Kennedy -v Harrahill & Ors [2017] IECA 285 (13 October 2017)

Kennedy -v Harrahill & Ors [2017] IECA 285 (13 October 2017)

The appeal was dismissed because the plaintiff's claim sought to re-litigate issues already fully determined by the High Court and Supreme Court regarding the ownership of the lands in folio 6265F. The proceedings were found to be frivolous, vexatious, and an abuse of process. The High Court was correct in dismissing the claim and in making an Isaac Wunder order restraining further proceedings without leave.

Citation
[2017] IECA 285
Parties
Plaintiff / Appellant: Thomas Kennedy; Defendant / Respondent: Joan Harrahill; Defendant / Respondent: William Harrahill; Defendant / Respondent: Mr. Paddy Caddel practising under the style and title of Butler, Cunningham and Maloney Solicitors
Jurisdiction
Ireland
Judgment Date
13 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Proceedings as Frivolous, Vexatious, and an Abuse of Process
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Frivolous and Vexatious Proceedings, Res Judicata, Land Ownership Dispute, Isaac Wunder Order
Civil Procedure Property Law Abuse of Process Frivolous and Vexatious Proceedings Res Judicata Land Ownership Dispute Isaac Wunder Order

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Parties

Thomas Kennedy

Plaintiff / Appellant

Joan Harrahill

Defendant / Respondent

William Harrahill

Defendant / Respondent

Mr. Paddy Caddel practising under the style and title of Butler, Cunningham and Maloney Solicitors

Defendant / Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Dismissing Proceedings as Frivolous, Vexatious, and an Abuse of Process

Legal Issues

  1. 1 Whether the High Court erred in dismissing the plaintiff's claim as frivolous, vexatious, and an abuse of process
  2. 2 Whether the plaintiff is entitled to re-litigate ownership of lands in folio 6265F
  3. 3 Whether the High Court erred in making an Isaac Wunder order against the plaintiff

Ratio Decidendi

The appeal was dismissed because the plaintiff's claim sought to re-litigate issues already fully determined by the High Court and Supreme Court regarding the ownership of the lands in folio 6265F. The proceedings were found to be frivolous, vexatious, and an abuse of process. The High Court was correct in dismissing the claim and in making an Isaac Wunder order restraining further proceedings without leave.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court dismissing the proceedings as frivolous, vexatious, and an abuse of process affirmed
  • Isaac Wunder order affirmed, requiring leave of the President of the High Court for any further proceedings concerning folio 6265F