Householder fails to overturn possession order

A householder has failed in his bid to have a possession order overturned at Sligo Circuit Court.

Last December the Circuit Court granted an order against Keith and Deborah McNair of Lisheen, Loughaneeteen, Calry in favour of Start Mortgages Limited for possession of the family home.

The court was told that Mrs McNair was consenting to the possession order but Mr McNair moved a motion at last week’s sitting of the Circuit Court in Sligo seeking to have the possession order overturned.

He represented himself in the case before Judge Doirbhile Flanagan. He wanted the court to vacate the order made on December 13th last. He submitted two motions in support of his application, one filed on February 13th last and the second on October 17 th.

Judge Flanagan asked Mr McNair if he had been present on the day of the court last December when the possession order was made and he replied that he was.

Judge Flanagan told Mr McNair that the order he was seek- ing was entirely misconceived and that the court had no further function in the matter after it had made its formal order.

She told him that he had the option of appeal the matter to the High Court or alternatively seek judicial review.

“This court cannot act as a court of appeal in its own orders,” said Judge Flanagan.

Mr McNair claimed a wrong order had been issued and there were a number of errors with the case including “flawed paperwork.”

Judge Flanagan said once the court had made an order it no longer had a function in the matter. She told Mr McNair that he had misunderstood the court rules he had read.

“This court hasn’t the right to revisit orders made by this court. Your redress is by way of appeal to the High Court or judicial review,” said the Judge. She stressed that once a a final order was made his only recourse was appeal.

“You cannot ask this court to set aside its own order,” she said striking out the motion. Costs were not awarded against Mr McNair.