Man may live in home for now: judge

A JUDGE has ordered that a 73-year-old man forced to sleep in his car after being made homeless by his nephew can remain at the family home — for now.

At Ennis Circuit Court, Judge Donagh McDonagh said that John Mulkerrins, of 62 Marian Avenue, Ennis, can remain at the address until the case between Mr Mulkerrins and his nephew, Paul Cleary, over the home, comes before the court again later this year.

Last Friday week, Judge McDonagh granted an interim injunction ordering that Mr Cleary vacate the house and hand the keys over to Mr Mulkerrins.

Mr Mulkerrins — who has undergone a coronary bypass and suffers from diabetes — was forced to sleep in his car and at a B&B after Mr Cleary took possession of the Mulkerrins’ home in January, rendering him homeless.

Granting the interim injunction last week, Judge McDonagh said: “I don’t think an elderly man should be kept out of a home he has lived in all his life.”

Before moving into the home in January, Mr Cleary, from Ennis, but who also has an address at Shanaway East, Dunsallagh, Miltown Malbay, mortgaged the house for €216,000 and now owes €239,000, being €29,000 in arrears with Smart Mortgages Ltd, which is seeking re-possession of the home.

The case was adjourned to yesterday to allow Mr Cleary lodge a replying affidavit to court.

Judge McDonagh told the court yesterday: “I have read the affidavit and it raises issues of concern between the plaintiff and the defendant.”

Counsel for Mr Mulkerrins, Lorcan Connolly BL, said that there are conflicts of fact and Judge McDonagh said that it was open to Mr Mulkerrins to lodge a further affidavit.

Mr Connolly has said that Mr Cleary secured title to the home after accompanying Mr Mulkerrins’s father, the late John Mulkerrins Snr — then aged 96 — to a solicitor’s office in January 2008 where Mr Mulkerrins Snr signed the house to Mr Cleary for no consideration.

Mr Connolly said: “This was done without the knowledge of Mr Cleary’s mother, Mary Cleary and Mr Mulkerrins Jnr.”

Mr Mulkerrins Snr died in February 2009, aged 97 and Mr Connolly said that Mr Cleary only registered title of the home in July 2009 as evidence of his deliberate effort to conceal the facts.

Judge McDonagh adjourned the case until the next sittings of Ennis Circuit Civil Court.