The High Court has refused an application by Everyday Finance DAC to restrain Clifford Kirk from occupying his long-time home at Tullynamoyle, Dowra, County Cavan.
The property, close to the Leitrim border, contains an older cottage and a newer house. The registered owner is Kirk's former wife, Catherine Kirk, who mortgaged the property in 2004. A possession order was obtained in 2016 following mortgage arrears and Everyday Finance later acquired the mortgage.
That order was executed on October 15, 2024. Kirk said a group of men arrived at the house and removed him. He subsequently returned to live there and disputed the legality of the eviction.
Everyday Finance began High Court proceedings in June 2025 seeking orders preventing Kirk from entering the property or interfering with its possession, marketing and sale. It argued that he was a trespasser after possession had been lawfully delivered to the lender.
Mr Justice Jordan rejected that position for the purposes of the interlocutory application. The court found that Kirk had lived in the house since around 2001 and was occupying it when the original Circuit Court possession proceedings began. Yet he had never been named as a defendant or served with those proceedings.
The judge described Kirk's argument that the 2016 possession order was invalid against him as compelling. The court also found that Everyday Finance had not proved that the court messenger involved in the 2024 eviction had the written warrant required to execute the order.
The court was therefore not satisfied that Everyday Finance had proved it was a mortgagee in possession. It found strong support for the view that the eviction may have been unlawful.
The balance of justice also favoured Kirk. The property has been his home for about 25 years, he is approaching 70, and the outstanding mortgage debt was about €95,000. The court also criticised Everyday Finance's refusal to engage in mediation.
The injunction was refused. The legality of the possession order, mortgage and eviction remains for the full trial.