Farm Ireland

Monday 25 March 2019

Farmer owner of Roscommon eviction house to bring case against KBC Bank

Probe: Gardaí at the house at Strokestown. Photo: Brian Farrell
Probe: Gardaí at the house at Strokestown. Photo: Brian Farrell

Tim Healy

A farmer wants to sue several parties, including KBC Bank, over an attempt to evict him and two siblings from their Co Roscommon home last December. 

In proceedings recently lodged in the High Court, David McGann, from Falsk, near Strokestown, is seeking various orders and declarations  including an order preventing any party from taking possession of or interfering with the Co Roscommon property.

The eviction, gained national media attention, particularly after private security guards were forced from the property by a group of masked men. 

The incident, which resulted in an alleged attack on the security personnel who left the property,  vehicles being burnt and the death of a dog, is the subject of an ongoing garda investigation. 

The eviction was conducted on foot of possession orders alleged obtained against Anthony McGann, David McGann's brother. 

The McGanns subsequently returned to the property.

As well as suing KBC  Bank, David McGann's action is against related firms Trinity Asset Managerial Services Ltd, GS Agencies Ltd and Local Authority Services Ltd, and against Aidan Devlin with an address in Summerhill Co Meath, who it is alleged are are agents of the bank.

The action is also against the County Registrar of Roscommon. 

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Mr McGann, who is represented by solicitor Donnacha Anhold of Carter Anhold & Co Solicitors,seeks several declarations  including that the defendants actions at the house on December 11 last were unlawful and breached his constitutional and European Convention rights.

He also seeks a declaration that the three firms, which are allegedly involved in the security business, and Mr Devlin, acted without lawful authority and in breach of the 1926 Enforcement of Court Orders Act in attempting to access and gain entry to the property. 

He further seeks declarations that the county registrar had not lawfully delegated his power to a designated court messenger when the defendants attempted to access and gain entry to the property at Falsk.

He claims the defendants have committed slander of title by attempting to take possession of the property in circumstances where they had no lawful authority to do so. 

He seeks damages and aggravated and exemplary damages for alleged trespass, breach of his constitutional right to private property and defamation.  

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