Charles Colthurst, otherwise known as Sir Charles St John Colthurst, Baronet, brought the ejectment proceedings to Cork District Court yesterday.
Mr Colthurst’s solicitor, James O’Sullivan, explained to Judge Con O’Leary: “Mr Colthurst is the owner of Blarney Castle estate. The cottage is occupied by the defendants as caretakers. Possession of the property is now required for further work at the property.”
Ted O’Riordan and his wife Catherine live at the Back Lodge on the Kerry Pike Road in Blarney, Co Cork. Mr O’Riordan, aged around 40, has been living in the house all of his life.
Mr Colthurst’s case is that Mr O’Riordan is in occupation on foot of a caretaker’s agreement of December 7, 2000.
He claims he made a demand for possession in June 2003, but that by August the defendants had failed to quit the house.
Court proceedings were then initiated.
The case was listed for hearing on a number of occasions and finally opened yesterday. However, no sooner had it opened than it was adjourned because an original document was not in court to prove title to the property.
Judge Con O’Leary asked why the case should not be dismissed. Michael Joyce, solicitor for the defendants, suggested that this would be appropriate.
However, Mr O’Sullivan argued that some documents were still with the firm of solicitors who previously represented Mr Colthurst, and asked for a brief period to secure the documents.
After considering the matter and hearing representations from both sides, Judge O’Leary said, “I think justice requires it to be adjourned for the minimum period possible.” He adjourned the case until May 7 for hearing and he reserved the question of costs in relation to yesterday’s proceedings.