Courts / Limerick / Report

Couple avoids jail for contempt after agreeing to leave apartment

Date
2024-06-11

Stage
Appeal

Primary locality
Limerick

Summary

In a High Court appeal proceeding, Jordan Mitchell and Dinicka Ryan avoided committal for contempt after agreeing to vacate an apartment in Ballycummin Village, Raheen, Co Limerick. The property owner, Tarbutus Limited, alleged the couple had no right to occupy the premises and were in breach of court orders requiring them to leave. Tarbutus claimed the couple had repeatedly refused to vacate and had wrongfully paid rent to former owner Conor Hogan. Mr Justice Mark Sanfey noted that while he sympathized with the couple and their two young children, court orders must be obeyed. He highlighted that Ms Ryan had previously been given six weeks to leave in March but failed to do so. The judge stated that Mr Hogan was not entitled to deal with the property, despite the couple's payments to him. After submitting a sworn statement opposing committal, both defendants agreed to comply with the orders to vacate the property within four weeks. The judge warned of serious consequences if they failed to comply by the deadline. John Kennedy SC, representing Tarbutus, stated that if the couple vacated within the agreed period, his client would not pursue legal costs. Following the couple's sworn undertakings, the judge adjourned the matter to a date in early July. Tarbutus maintains it is the registered owner, having obtained a High Court order in 2022, upheld by the Court of Appeal, requiring all persons to vacate. Mr Hogan continues to dispute the plaintiff's entitlement, with separate proceedings pending.