THE High Court has dismissed a man's claims he was unlawfully evicted from his family home by his father.
Mr Justice Michael Moriarty said he was satisfied, based on the evidence before him, to dismiss Colin Widger's claim against his father Thomas Widger on the basis it had no prospect of success and "was doomed to failure."
Colin Widger (45) claimed he was forcibly removed from his home at Whitebarn Road, Churchtown, earlier this year after his father made complaints his son was trespassing on the property, which was subsequently sold.
Thomas Widger, with an address in Co Kildare, denied his son was unlawfully evicted and says he was entitled to sell the house of which he was the joint owner. Despite leaving the property in the 1980s, he continued to pay the mortgage, he said.
Mr Widger said his entitlement to sell the house arose out of an agreement reached with his former wife, Maeve, who died last October. He asked the court to strike out the action against him arguing they are vexatious and have no prospect of success.
In June Colin Widger, who represented himself, launched proceedings concerning the ownership of the house against his father. He claimed his father had no entitled to evict him from the property, and sought various orders from the court including one for damages.
In his judgment, Mr Justice Moriarty remarked that the case was an "unhappy" and long running "bitter family dispute", which showed "no sign of rapprochement." There was also a conflict in the evidence given by both sides in the matter.
Colin Widger had disputed his fathers claim that he paid the mortgage after he left the family home.
While Colin may hold certain belief's about his father's entitlement to the property, the Judge said he preferred the evidence given by Thomas Widger as being more probable and reliable.
The judge said the most pivotal point in the case was when Colin Widger agreed in evidence that on his father's insistence he (Colin) and his siblings received Euro 30k each from the proceeds of the sale of the family home.
In all the circumstances, the judge said, he was dismissing the case. He also awarded Thomas Widger his legal costs.