Kenny fails in bid to have land-dispute case struck out

Broadcaster Pat Kenny will face a lengthy and potentially costly legal battle over his attempt to claim squatter’s rights over a piece of cliff-top land, a High Court judge ruled today.

Kenny tried to have the case thrown out by claiming his 72-year-old neighbour Gerard Charlton, who originally owned the land, deliberately withheld aerial photographs of the disputed ground.

The Late Late Show host has argued he acquired title to the land – which runs the length of his home in the exclusive Dalkey area – following adverse possession or squatter’s rights.

However, the last ditch attempt to halt a four-week hearing on the divisive row was thrown out by Mr Justice Frank Clarke.

The judge said it was unsatisfactory for the pictures to have been held back but said there was insufficient evidence to show it was a deliberate or concerted effort to hide them.

However, retired solicitor Mr Charlton was criticised for trying to control the case himself and instructing his lawyers to keep the photos back.

Quoting the old saying, the judge said: “One should not buy a dog and bark yourself.”

Kenny claimed Mr Charlton, who suffers from heart trouble, wanted to keep the pictures for tactical advantage in court and was interfering in his ability to put forward a complete case.

The row, between Kenny and his wife Cathy and Mr Charlton and his wife Maeve, is over the ownership of the small strip of land known as Gorse Hill between their homes in Dalkey.

The patch of land under dispute is worth around €1.5m but if combined with adjacent sites it is thought it could be valued at up to €10m.

Further papers will have to be filed to the courts tomorrow and Ms Justice Maureen Clark will hear the case next Tuesday.