Thursday 13 December 2018

Judge's wife takes farmer to court for trespass

Stock photo
Stock photo

Tim Healy

The wife of a Circuit Court judge has brought proceedings against a farmer for alleged trespass on what she claims is her property.

Felicity O'Kelly, who is married to Judge Eugene O'Kelly, has brought High Court proceedings against John Brew, of Tarmon, Kilkee, Co Clare.

Ms O'Kelly claims that Mr Brew, who disputes the ownership of a portion of the lands, has been trespassing on the site of a former creamery at Termon West, Kilkee, Co Clare, which she says she owns. She claims he has left cattle on the disputed land, which have wandered onto the main road.

Ms O'Kelly seeks various orders against Mr Brew including an injunction restraining him from trespassing or interfering with her property.

She also seeks an injunction requiring the defendant to remove any property including animals located on the lands. She also seeks damages.

Issue

Mr Justice Tony O'Connor granted Ms O'Kelly permission to serve short notice of the proceedings on Mr Brew.

The judge, who granted permission on an ex parte (one side only represented) basis, adjourned the matter to later this month.

Michael Howard SC, for Ms O'Kelly, said that a case like this would normally be a matter for the Circuit Court.

However, as Judge O'Kelly sat on that division of the courts, the action would have to be heard by the High Court.

Counsel said the site was purchased by the O'Kellys some years ago. It is now in the sole name of Ms O'Kelly.

An issue arose over a portion of the lands with Mr Brew. The O'Kellys made efforts to sort out the dispute, counsel said. Mr Brew had put cattle on the land.

Matters recently escalated when a lock was placed by Mr Brew on a gate of the lands, counsel said. He added Ms O'Kelly did not want to come to court but had no option.

Irish Independent

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