The High Court has allowed fresh evidence to be introduced in a long-running property dispute at Shamrock Commercial Park, New Road, Castlecomer, while refusing an application to strike out the case.
Michael Doyle is the registered owner of property in Folio KK16922, including showrooms, offices, warehouses, a yard and about six acres of undeveloped land. Michael Leahy, who had occupied parts of the premises for many years, claims adverse possession over the yard and adjoining land.
The immediate proceedings followed earlier orders requiring Leahy to leave a commercial unit. After vacating it in July 2019, he moved building materials and other items into the adjoining yard. In December 2021, the Circuit Court ordered him to remove the materials, restrained further trespass and declared that he had no interest in the folio.
Leahy appealed. Doyle then sought permission to introduce evidence from Reggie Booth, Oliver Carey and Mark Hilliard about use of the yard and adjoining land dating back to the 1990s.
Mr Justice Conleth Bradley held that this evidence met the legal test for fresh evidence on appeal. The precise extent of Leahy’s adverse-possession claim, including the six acres, had only become clear when he marked a map while giving evidence in the Circuit Court. Doyle therefore could not reasonably have prepared evidence addressing that expanded claim beforehand.
The proposed witnesses could give evidence about access gates, use of the yard, clearance and demonstrations on the adjoining land, and discussions concerning Leahy’s tenancy and claimed rights. The court found the evidence potentially important and apparently credible.
Bradley J. separately rejected Leahy’s attempt to strike out Doyle’s proceedings. The court held that the present dispute arose from events after Leahy moved materials into the yard in 2019 and was not simply an attempt to re-litigate earlier tenancy proceedings.
Leahy was given four weeks after perfection of the order to file evidence responding to the three new witnesses. The substantive appeal remains to be heard.