Courts / Kerry / Report

Fund seeks orders requiring alleged trespassers to vacate Kerry home

Date
2024-01-24
Stage
Hearing Or Decision
Primary locality
Killarney
County
Kerry

Summary

A financial fund, Mars Capital Finance Ireland Designated Activity Company, has applied to the High Court for an injunction to order several alleged trespassers to vacate a property at Rosehill Avenue, Firies, Co Kerry. The fund claims that in September last year attempts to take possession of the property were thwarted by the presence of several known and unknown individuals, including defendants Martina Moriarty, Sinead O'Connor, Brian McCarthy, Colman McCarthy, Donal O'Sullivan and others. Ms O'Connor, the only defendant to appear, maintains she has a valid tenancy and disputes all claims. Mars seeks a swift determination, arguing that Ms O'Connor's separate proceedings are intended to delay the injunction. The judge has set a timetable for document exchange and will hear the case again early next month. The property was subject to a 2007 mortgage, possession proceedings were initiated in 2016, and a possession order was granted in 2018.

Who, what, where, when and why

What: Report matter: Fund seeks orders requiring alleged trespassers to vacate Kerry home. Procedural stage: hearing_or_decision

When:

Case subjects

Mars Capital Finance Ireland

Applicant

Outcome: Mr Justice Sanfey agreed that the matter should be put back to allow Ms O'Connor and all of the other defendants in Mars' action to reply, by way of a sworn statement, to the injunction application.

Places mentioned

Court Venue
  • High Court
  • Kerry Circuit Court
Address Area
  • Rosehill Avenue
  • St Gabriel Terrace
Secondary Mention
Residence

Topics

Stage Hearing Or Decision

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