News Courts

Tuesday 23 September 2014

Man claims he was unlawfully evicted from his family home by his father, court hears

Published 29/07/2014 | 17:01

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The Four Courts in Dublin.
The Four Courts in Dublin.

THE High Court will rule later this week on a case brought by a Dublin man who claims he was unlawfully evicted from his family home by his father.

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Colin Widger (45) claims he was forcibly removed from his home at 17 Whitebarn Road, Churchtown, Co Dublin, earlier this year after his father Thomas Widger made complaints his son was trespassing on the property, which was subsequently sold.

Thomas Widger denies his son was unlawfully evicted, and says he was entitled to sell the house which he was the joint owner.

He said despite leaving the property in the 1980's he continued to pay the mortgage. Mr Widger said his entitlement to sell the house arose out of an agreement reached in respect of the property with his former wife, Maeve, who died last October.

Last month, his son Colin, who is representing himself, launched proceedings concerning the ownership of the house against his father who the court heard lives in Kildare. He claims his father had no entitlement to evict him from the property.

However, lawyers for Thomas Widger have asked the court to strike out the proceedings on the grounds they are vexatious and have no prospect of success.

Today, the case came before Mr Justice Michael Moriarty who, following submissions, said he would give  a ruling later this week.

Mr Widger Snr, represented by Donal O Laoire Bl, said that Colin and his two other children received €30,000 each from the proceeds of the sale of the house.

Mr Widger Snr, a former printer, told the court he paid maintenance and lived at inferior accommodation for years after he left the family home.

He insisted he paid his former wife maintenance as well as the mortgage on the property.  Mr Widger also rejected Colin Widger's claims he was legally barred from their home in 1986 or was violent towards his family before leaving the home.

Coiln Widger disputes his father's claims.

He says he lived at the property all his with his mother Maeve Widger and was the executor of her will.

He said that his mother had entered into an agreement with his father in respect of the house, but said she never consented to the house being sold.

He also disputes his father's claims that he paid the mortgage.  He told the court that after his removal from the house he was left homeless and destitute.

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