The High Court has permitted Tom Kavanagh to issue an Order of Attachment against Tom Morrin after finding beyond reasonable doubt that Morrin breached an order requiring him to hand over vacant possession of lands in County Kildare.
Ms Justice Reynolds ruled on 13 December 2018 that Morrin remained on and continued to farm the lands despite a July 2017 order directing him to leave, remove vehicles, machinery, livestock and other animals, and not obstruct Kavanagh or his agents from taking possession, securing or selling the property. The order also prohibited entry without Kavanagh’s written consent and contained other directions concerning access devices, occupation arrangements and property income.
Kavanagh applied for permission to issue an attachment order, relying on affidavits alleging that Morrin remained in occupation and that security firms had encountered obstruction while trying to secure the lands. A later affidavit included photographs of animals on the property. Morrin did not dispute that he remained there, and the judge recorded that he indicated an intention to continue in occupation.
Morrin had appealed the original order, but the High Court said the one-month stay had expired and no further stay had been sought. His appeal was listed for hearing in December 2019. He argued in a replying affidavit that he had a meritorious appeal and could not recall being served with the original order. The judgment says an affidavit of service recorded personal service of a certified copy bearing a penal endorsement.
Morrin also brought a cross-motion seeking, among other relief, to prevent Kavanagh and his agents from trespassing and to strike out Kavanagh’s plenary summons. The judge refused that relief. She said the cross-motion sought to reopen issues already decided by another High Court judge and then under appeal.
The court found breaches involving failure to surrender vacant possession and remove livestock, obstruction of efforts to take possession, secure and sell the lands, and entry or interference without written consent. It directed that Kavanagh be at liberty to issue an Order of Attachment directed to the Commissioner and members of An Garda Síochána against Morrin.
The ruling permitted issuance of the attachment order; it did not itself state that Morrin was attached or committed to prison.