Courts / Limerick / Report
Judge orders arrest of couple over failure to vacate Limerick apartment
Summary
In an appeal-stage proceeding, Mr Justice Mark Sanfey of the High Court ordered An Garda Síochána to arrest Jordan Mitchell and Danicia Ryan for alleged contempt of court. The couple, residing with two children in a Ballycummin Village apartment, are accused of failing to comply with a 2022 High Court order, upheld by the Court of Appeal, requiring them to vacate the property. Tarbutus Limited, the plaintiff, claims ownership and alleges the couple have refused to leave for several years. The judge noted that while he initially sympathized with the couple's situation, their repeated failure to attend court or comply with orders has exhausted that sympathy. He criticized Conor Hogan, the former owner and subject of separate pending proceedings, for serving a 12-month notice to quit, stating this action does not override the immediate vacate order. The judge described Hogan's contributions as "not helpful" and warned the couple they were doing themselves an "extraordinary disservice" if relying on his advice. After further adjourning the attachment proceedings for health reasons and to provide a final chance to comply, the judge found the couple had again chosen not to attend or vacate. Consequently, he directed the Garda to bring them before the court next week, expressing hope that an agreement could be reached to avoid their committal.
Who, what, where, when and why
What: Report matter: Judge orders arrest of couple over failure to vacate Limerick apartment. Procedural stage: appeal
When:
- 2024-06-05 Publication
Case subjects
Applicant
Outcome: The judge said that in recent weeks, he had further adjourned the attachment proceedings for health reasons and to give them a final chance to comply.
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