Financial fund seeks orders requiring alleged trespassers to vacate Kerry house

Mars Capital Finance Ireland claims that the County Registrar, acting in his capacity as sheriff, was unable to take possession of the property last year

The court previously heard that the property was the subject of a 2007 €190,000 mortgage agreement between Ms Martina Moriarty, who was allegedly unable to meet her mortgage repayments, and EBS Building Society. File picture

A financial fund has claimed before the High Court that several alleged trespassers are preventing it from lawfully taking possession of a property in Co Kerry.

The claim has been made on behalf of Mars Capital Finance Ireland Designated Activity Company, which has asked the court for orders including an injunction requiring several individuals to immediately vacate a property located at 14 Rosehill Avenue, Firies, which is just outside Killarney in Co Kerry.

It claims that last September attempts to take possession of the property were prevented by the actions of several known and currently unknown individuals, who have no legal right to reside or be on the property.

The action is against Martina Moriarty, and Sinead O'Connor, both of Rosehill Avenue, Brian McCarthy of Ternaboul, Killarney, Colman McCarthy of Carkerbeg, Doneraile, Co Cork, Donal O'Sullivan of St Gabriel Terrace, Friars Walk, Cork, and several unknown persons.

Ms O'Connor, the only one of the defendants who made any representations before the court when the case was called on Wednesday, said she has a valid tenancy in respect the property, and disputes all of Mars' claims and entitlements in respect of the property.

'No urgency'

Representing herself, Ms O'Connor told the judge that there was no urgency to the injunction application being heard, and that she required some time to respond to the allegations made by Mars.

Keith Rooney Bl for Mars said his client wants the matter determined as soon as possible, and added that Ms O'Connor had brought separate proceedings against his client in respect of the property.

Counsel said his client suspects that her action has been brought in an attempt to delay Mars' application for the injunction, and said that in her proceedings Ms O'Connor seeks to join the Minister for Justice Helen McEntee as a notice party.

Counsel said that his side will contest Ms O'Connor's proceedings when required, and said that the two matters should be heard together. Ms O'Connor rejects any wrongdoing, and said that she is entitled to have her action against Mars heard by the court.

Mr Justice Sanfey agreed that the matter should be put back to allow Ms O'Connor and all of the other defendants in Mars' action to reply, by way of a sworn statement, to the injunction application.

The judge put a timetable in place for the exchange of documents in the case, with a view to having the matter heard in the coming weeks. The matter will return before the court early next month.

Case background

The court previously heard that the property was the subject of a 2007 €190,000 mortgage agreement between the first named defendant, Ms Martina Moriarty, and EBS Building Society.

Ms Moriarty, Mars claims, was allegedly unable to meet her mortgage repayments, and possession proceedings were commenced against her by the lender in 2016. In 2018, Kerry Circuit Court granted a possession order in respect of the property.

Mars Captial Finance Ireland DAC claims it acquired the mortgage, and last year obtained an execution order on foot of the possession order from the Kerry County Registrar. Those orders have not been appealed, it also claims.

Mars claims that the County Registrar, acting in his capacity as sheriff, was unable to take possession of the property on September 26 last due to the presence of several individuals, including several of the defendants.

Mars claims that An Garda Síochána advised the registrar to withdraw from the property as an attempt to secure possession would result in an escalation to violence.

Mars claims that it has been allegedly frustrated by the defendants and other unknown persons in its attempts to secure possession of the property on foot of lawful orders.

It claims that the persons at the property have no right to be there, and that several of the defendants are part of a co-ordinated effort to undermine valid orders of the Circuit Court.

Mars claims that it has no choice other than to bring the proceedings to restrain the defendants from impeding its agents, and prevent them from trespassing on the property.