Uwaydah v. Nolan [1997] IEHC 35 (21st February, 1997)

Uwaydah v. Nolan [1997] IEHC 35 (21st February, 1997)

There was prima facie evidence of the Defendant's presence within the jurisdiction at the relevant time, and the onus to disprove this was not discharged by the Defendant. Therefore, service on the Defendant's wife was deemed good service.

Citation
[1997] IEHC 35
Parties
Plaintiff: Plaintiff; Defendant: First Named Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Interlocutory Application
Outcome
Plaintiff's application granted; Defendant's application refused.
Legal Topics
Service of Process, Jurisdiction, Abuse of Process
Civil Procedure Service of Process Jurisdiction Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

First Named Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether service on the Defendant's wife constituted valid service on the Defendant
  2. 2 Whether the Court has jurisdiction over the Defendant based on his presence within the jurisdiction

Ratio Decidendi

There was prima facie evidence of the Defendant's presence within the jurisdiction at the relevant time, and the onus to disprove this was not discharged by the Defendant. Therefore, service on the Defendant's wife was deemed good service.

Court Disposition

Plaintiff's application granted; Defendant's application refused.

Orders

  • Service on the Defendant's wife on 18th October 1995 is deemed sufficient service on the Defendant.