High Court to give ruling in case involving controversial eviction

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High Court to give ruling in case involving controversial eviction

KBC seeks an injunction requiring siblings Michael Anthony, David and Geraldine McGann to vacate their family home at Falsk, near Strokestown

The High Court will rule today (Friday) on KBC bank's application for an injunction requiring the family at the centre of a controversial eviction in Co Roscommon to leave their home.

KBC seeks an injunction requiring siblings Michael Anthony, David and Geraldine McGann to vacate their family home at Falsk, near Strokestown in Co Roscommon, pending the final outcome of the dispute.

The application was before Ms Justice Senan Allen on Thursday. Following the conclusion of submissions from the parties, the Judge said he would give his ruling on Friday morning.

Seeking the injunction Rossa Fanning SC appearing with Keith Rooney BL for KBC said their client was seeking to be put back into possession of the property, which it had enjoyed for a few days before its agents were forcibly removed.

However following what Mr Fanning described as unorthodox events, the bank's agents were put out of the property and the McGanns had returned to their home.

While there was no suggestion the McGann's were involved in the violent incidents the court was told that they had benefited from what had happened.  

The bank had not moved quickly and after allowing matters to calm down it was now seeking possession of the property, counsel said.

The injunction application was opposed by the McGanns.

Michael Anthony McGann was not present in court nor represented in the hearing.

He had submitted written arguments which the Judge described as pseudo-legal "mumbo jumbo" which he "could not make head nor tail of."

Eanna Mulloy SC, appearing with David Browne Bl for David and Geraldine McGann also opposed the application and argued that the balance of convenience did not favour the granting of the injunction. 

The court heard that in separate proceedings pending before the court, David McGann seeks to challenge the validity of the execution of the possession order obtained by KBC that was granted by the Roscommon County Registrar.  

David McGann also seeks orders, including one preventing any party from taking possession of or interfering with the property.

The McGann family were evicted from the farm last December on foot of a repossession order KBC obtained in respect of the property several years ago.

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

Gardai subsequently launched an investigation after security personnel were attacked, several of whom required medical treatment, several vehicles were burnt and a dog had to be put down due to injuries it sustained.

The McGanns, who were not involved in those incidents, subsequently returned to the property which was the subject of a loan agreement between KBC and the farm's registered owner Mr Michael Anthony McGann.

Mr McGann fell into arrears on repayments and owed the bank some €431,000. 

Counsel said KBC obtained a possession order in respect of the property in 2012, which was not appealed.  

The last repayment on the loan to KBC was made by the borrower in February 2014, it was claimed.