Martin v O'Keeffe & Anor (Approved) [2025] IEHC 272 (14 May 2025)

The lis pendens must be vacated under section 123(a)(i) because the proceedings have been finally determined, the Plaintiff failed to exercise the option to purchase for €725,000, and maintaining the lis pendens beyond determination is unjust and legally vulnerable.

Citation: [2025] IEHC 272
Parties: Plaintiff: Conor Martin; Defendant: Ray O'Keeffe; Defendant: Etna O'Keeffe
Jurisdiction: Ireland
Judgment Date: 14 May 2025
Procedural Posture: Motion to Vacate Lis Pendens / Post Judgment, Determination of Lis Pendens
Outcome: Order granted to vacate lis pendens; Plaintiff provisionally liable for costs.
Legal Topics: Lis Pendens, Specific Performance, Delay in Prosecution, Land Conveyancing

Property Law Civil Procedure Lis Pendens Specific Performance Delay in Prosecution Land Conveyancing

Case Brief

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Parties

Conor Martin

Plaintiff

Ray O'Keeffe

Defendant

Etna O'Keeffe

Defendant

Procedural Posture

Motion to Vacate Lis Pendens / Post Judgment, Determination of Lis Pendens

Legal Issues

1 Whether lis pendens should be vacated after determination of proceedings
2 Whether there was unreasonable delay in prosecuting the action
3 Whether Plaintiff validly exercised option to purchase property

Ratio Decidendi

Court Disposition

Order granted to vacate lis pendens; Plaintiff provisionally liable for costs.

Orders

Lis pendens registered by Plaintiff to be vacated.
Matter listed for hearing on costs at 11am on 22 May 2025.