Shannon v Shannon & Anor (Approved) [2024] IEHC 291 (14 May 2024)

Shannon v Shannon & Anor (Approved) [2024] IEHC 291 (14 May 2024)

The defendants' claim to adverse possession fails as the required 12-year period was not met, and the plaintiff continuously asserted his title. All other defences have been repeatedly rejected in prior litigation, and the defendants have no legal or equitable interest in the property. The Circuit Court order granting possession to the plaintiff is affirmed.

Citation
[2024] IEHC 291
Parties
Plaintiff/respondent: John Shannon; Defendant/appellant: Elizabeth Shannon; Defendant/appellant: Gwendoline Shannon
Jurisdiction
Ireland
Judgment Date
14 May 2024
Procedural Posture
Circuit Appeal (possession Proceedings) / High Court Appeal From Circuit Court Order
Outcome
Appeal dismissed; Circuit Court order affirmed.
Legal Topics
Possession of Property, Adverse Possession, Costs of Litigation, Abuse of Process, Isaac Wunder Order
Property Law Civil Procedure Possession of Property Adverse Possession Costs of Litigation Abuse of Process Isaac Wunder Order

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Parties

John Shannon

Plaintiff/respondent

Elizabeth Shannon

Defendant/appellant

Gwendoline Shannon

Defendant/appellant

Procedural Posture

Circuit Appeal (possession Proceedings) / High Court Appeal From Circuit Court Order

Legal Issues

  1. 1 Whether the defendants have any legal or equitable interest in the property registered to the plaintiff
  2. 2 Whether the defendants can claim adverse possession of the property
  3. 3 Whether the repeated litigation by the defendants constitutes an abuse of process

Ratio Decidendi

The defendants' claim to adverse possession fails as the required 12-year period was not met, and the plaintiff continuously asserted his title. All other defences have been repeatedly rejected in prior litigation, and the defendants have no legal or equitable interest in the property. The Circuit Court order granting possession to the plaintiff is affirmed.

Court Disposition

Appeal dismissed; Circuit Court order affirmed.

Orders

  • Plaintiff declared owner of the property at Folio SL15115.
  • Defendants have no interest in the property.