Kenny and Ors v Fennell and Ors, Everyday Finance Designated Activity Company [Trading as Link Financial] v Kenny and Ors (Approved) [2026] IEHC 278 (06 May 2026)

Kenny and Ors v Fennell and Ors, Everyday Finance Designated Activity Company [Trading as Link Financial] v Kenny and Ors (Approved) [2026] IEHC 278 (06 May 2026)

Everyday Finance DAC, as assignee of the mortgage, is entitled to possession of the unregistered property under the mortgage deed, which does not require default. Even if default were required, it is admitted. The alleged tenancy of Aprail Enterprises Limited is not binding on the mortgagee as there is no evidence of prior written consent, and mere knowledge or acquiescence is insufficient. Alleged unlawful possession by receivers or potential damages do not constitute a defence to the mortgagee's claim for possession. Counterclaims or third-party judgments do not negate the entitlement to possession.

Citation
[2026] IEHC 278
Parties
Plaintiff (plenary) / Defendant (special Summons): Tony Kenny; Plaintiff (plenary) / Defendant (special Summons): Joan McEneff; Plaintiff (plenary) / Defendant (special Summons): Aprail Enterprises Limited; Defendant (plenary): Ken Fennell; Defendant (plenary): Mark Degnan; Defendant (plenary) / Plaintiff (special Summons): Everyday Finance DAC (trading as Link Financial)
Jurisdiction
Ireland
Judgment Date
06 May 2026
Procedural Posture
Plenary and Special Summons / Judgment on Applications for Interlocutory Injunction and Order for Possession
Outcome
Order for possession granted to Everyday Finance DAC; application for interlocutory injunctions moot.
Legal Topics
Mortgagee's Right to Possession, Receivership, Unregistered Land, Tenancy and Consent, Summary Judgment Standards, Damages for Unlawful Possession
Property Law Banking Law Mortgage Law Mortgagee's Right to Possession Receivership Unregistered Land Tenancy and Consent Summary Judgment Standards +1 more

Case Brief

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Parties

Tony Kenny

Plaintiff (plenary) / Defendant (special Summons)

Joan McEneff

Plaintiff (plenary) / Defendant (special Summons)

Aprail Enterprises Limited

Plaintiff (plenary) / Defendant (special Summons)

Ken Fennell

Defendant (plenary)

Mark Degnan

Defendant (plenary)

Everyday Finance DAC (trading as Link Financial)

Defendant (plenary) / Plaintiff (special Summons)

Procedural Posture

Plenary and Special Summons / Judgment on Applications for Interlocutory Injunction and Order for Possession

Legal Issues

  1. 1 Whether Everyday Finance DAC is entitled to an order for possession of the property under the mortgage
  2. 2 Whether the receivers had lawful authority to take possession
  3. 3 Whether Aprail Enterprises Limited's occupation constitutes a binding tenancy on the mortgagee

Ratio Decidendi

Everyday Finance DAC, as assignee of the mortgage, is entitled to possession of the unregistered property under the mortgage deed, which does not require default. Even if default were required, it is admitted. The alleged tenancy of Aprail Enterprises Limited is not binding on the mortgagee as there is no evidence of prior written consent, and mere knowledge or acquiescence is insufficient. Alleged unlawful possession by receivers or potential damages do not constitute a defence to the mortgagee's claim for possession. Counterclaims or third-party judgments do not negate the entitlement to possession.

Court Disposition

Order for possession granted to Everyday Finance DAC; application for interlocutory injunctions moot.

Orders

  • Order for possession of the property in favour of Everyday Finance DAC
  • Stay on the order for possession to be determined after further submissions