In a quiet town in County Kerry, a legal battle has erupted over the occupation of a property, leaving both sides embroiled in a contentious dispute.
Financial fund Mars Capital Finance Ireland DAC has taken the matter to the High Court, alleging that several individuals have unlawfully trespassed on the premises, impeding the fund’s efforts to take possession.
However, one of the defendants, Ms. Sinead O’Connor, claims a valid tenancy and vehemently disputes the fund’s claims.
As the court prepares to hear the case in the coming weeks, the question remains: who has the rightful claim to occupy the property in question?
Property Dispute in County Kerry
A property dispute has arisen in Co Kerry, involving allegations of trespassing and obstruction by several individuals on a property in Firies near Killarney.
Mars Capital Finance Ireland DAC, a financial fund, has made a claim before the High Court regarding these alleged trespassers. The fund is seeking orders, including an injunction, to require the individuals to vacate the property located at 14 Rosehill Avenue, Firies, Co Kerry.
Mars Capital Finance Ireland DAC alleges that their attempts to take possession of the property have been prevented by several known and unknown individuals who have no legal right to be on the property.
The defendants in the case include Martina Moriarty, Sinead O’Connor, Brian McCarthy, Colman McCarthy Carkerbeg, Donal O’Sullivan, and several unknown persons.
Ms. O’Connor claims to have a valid tenancy and disputes all of Mars Capital Finance Ireland DAC’s claims and entitlements to the property.
Mars Capital Finance Ireland DAC’s Allegations
In response to the property dispute in Co Kerry, Mars Capital Finance Ireland DAC has made allegations regarding the actions of the defendants and their attempts to hinder the fund’s possession of the property.
Mars Capital Finance Ireland DAC suspects that Ms O’Connor’s separate legal proceedings against them are an attempt to delay the application for a court order. The fund intends to challenge Ms O’Connor’s proceedings when necessary and believes that both issues should be heard together. However, Ms O’Connor asserts her right to have her case against Mars Capital Finance Ireland DAC heard by the court.
The judge has allowed Ms O’Connor and the other defendants to respond to the application for a court order through a sworn statement. Mars Capital Finance Ireland DAC is seeking orders to prevent further obstruction and trespassing on the property and wants the matter resolved as soon as possible.
Mortgage Agreement and Repossession Proceedings
The property in question became subject to a mortgage agreement in 2007 between Martina Moriarty and EBS Building Society, amounting to £190,000.
Mars Capital Finance Ireland DAC claims that Ms Moriarty was unable to meet her mortgage repayments, leading to possession proceedings initiated by the lender in 2016. In 2018, Kerry Circuit Court granted a possession order for the property.
Mars Capital Finance Ireland DAC acquired the mortgage and obtained an execution order based on the possession order from the Kerry County Registrar.
However, the presence of several individuals, including some of the defendants, prevented the sheriff from taking possession of the property on 26th September 2023.
Mars Capital Finance Ireland DAC alleges that the individuals at the property have no right to be there and that some of the defendants are part of a coordinated effort to undermine valid orders of the Circuit Court.
Frustration of Mars Capital Finance Ireland DAC’s Attempts
Mars Capital Finance Ireland DAC’s efforts to secure possession of the property have been significantly impeded by the presence of the defendants and other unknown individuals, resulting in frustration and the need for legal intervention. The fund alleges that these individuals have no legal right to be on the property and that some of the defendants are part of a coordinated effort to undermine valid orders of the Circuit Court.
Mars Capital Finance Ireland DAC claims that it has no choice but to initiate proceedings to restrain the defendants from obstructing its agents and trespassing on the property. The fund also claims that the Garda advised the registrar to withdraw from the property to avoid potential violence.
Mars Capital Finance Ireland DAC is seeking orders to prevent further obstruction and trespassing on the property.
Timetable and Next Steps -> Schedule and Future Plans
The court has established a clear timetable for the exchange of documents and intends to hear the matter in the near future. The judge has set a schedule for the submission of relevant paperwork in the case, with the aim of having the matter heard in the coming weeks. The case is scheduled to return to court early next month.
In response to the injunction application, Ms O’Connor and the other defendants have been given the opportunity to reply through sworn statements. Mars Capital Finance Ireland DAC is eager to have the matter determined as soon as possible and intends to contest Ms O’Connor’s separate proceedings. The fund believes that both cases should be heard together.
With the established timetable, the court is taking steps towards a resolution in this legal battle over the occupation of the Kerry property.
Conclusion
In conclusion, the legal battle over the occupation of a property in Firies, Co Kerry continues as Mars Capital Finance Ireland DAC seeks court orders and alleges trespassing by several individuals. The fund aims to prevent further obstruction and trespassing on the property.
Meanwhile, one defendant disputes the claims and asserts a valid tenancy.
The court has set a timetable for the case and will hear the matter in the coming weeks.
