Owens v Sixmilecross Development Association & Anor [2007] NIQB 94 (23 November 2007)

Owens v Sixmilecross Development Association & Anor [2007] NIQB 94 (23 November 2007)

The plaintiff, by preventing the removal of the mobile building and exercising dominion over it after the lease ended, was not entitled to further rent or damages for trespass; his actions amounted to conversion, defeating his claims.

Citation
[2007] NIQB 94
Parties
Plaintiff/appellant: Eugene Owens; Defendant/respondent: Trustees of Sixmilecross Development Association; Defendant/respondent: Sixmilecross Enterprise Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 November 2007
Procedural Posture
Civil Appeal / Appeal From County Court
Outcome
appeal dismissed
Legal Topics
Termination of Lease, Trespass, Conversion, Rent Recovery
Landlord and Tenant Property Law Civil Procedure Termination of Lease Trespass Conversion Rent Recovery

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Parties

Eugene Owens

Plaintiff/appellant

Trustees of Sixmilecross Development Association

Defendant/respondent

Sixmilecross Enterprise Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court

Legal Issues

  1. 1 Whether the plaintiff is entitled to rent after 31 January 2003
  2. 2 Whether the defendants committed trespass by leaving the mobile building on the plaintiff's land after lease termination
  3. 3 Whether the plaintiff's actions constituted conversion of the mobile building

Ratio Decidendi

The plaintiff, by preventing the removal of the mobile building and exercising dominion over it after the lease ended, was not entitled to further rent or damages for trespass; his actions amounted to conversion, defeating his claims.

Court Disposition

appeal dismissed