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Monday 21 May 2018

Land dispute intensifies after 'land grabber' and 'trespassers will be shot' signs appear

It also claimed that gates have been chained and large concrete blocks impede movements on the lands. Stock photo
It also claimed that gates have been chained and large concrete blocks impede movements on the lands. Stock photo

Tim Healy

Large signs referring to "vulture funds and land grabbers" and threatening that "trespassers will be shot" have been erected on farmland allegedly being trespassed on, the High Court has heard. 

Vegetable grower John B.Dockrell Ltd claims the firm has been unable to access approximately 150 acres of land it bought in June 2017 in Ferns, Co Wexford, due to the activities of John Kinsella.

The firm, of Monroe, Screen, Enniscorthy, Co Wexford, claims Mr Kinsella has entered the land without its permission and illegally has ploughed the lands.

It also claimed that gates have been chained and large concrete blocks impede movements on the lands.  

It also alleged that vehicles were used to block the entrance to the lands from the outside. While a vehicle was impounded by the gardai, the company claims it was retrieved from the vehicle pound after a fine was paid and was again repositioned in front of the entrance,   

These actions, the company claims, have caused it a financial loss. 

Earlier this week the company secured an ex parte temporary injunction preventing Mr Kinsella, of Ballywilliamroe, Marshalstown, Enniscorthy. coming within 100 metres of lands at Lodgewood in Ferns. 

The order also restrains Mr Kinsella from interfering with the plaintiff's quiet enjoyment of the property. The orders are to remain in place pending the determination of the action. 

The company says Mr Kinsella's actions are in contempt of previous court orders obtained in relation to the land.  

Mr Kinsella had been the subject of other proceedings concerning the property. In 2016 the High Court made orders preventing trespass on the lands. 

In a sworn statement, Mr Dockrell said the erection of the signs amounts to an intensification of matters. 

He fears people in the local area have turned against him and his company's agents. He is now fearful for his own safety and that of others he sends on the lands. 

The matter returned before Ms Justice Carmel Stewart on Thursday, who following submissions from Benedict Ó Floinn Bl, for the plaintiff, continued the injunction. 

The Judge also agreed to deem service of the injunction proceedings on Mr Kinsella good and said the terms of the orders applied to anyone who had notice of the injunction. 

Mr Kinsella was not in court nor was any representations made on his behalf. 

The case will return before the courts later this month. 

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