Woman launches legal action against Clare farmer over alleged trespass on disputed lands
A woman has launched a legal action against a Clare farmer for alleged trespass on what she claims is her property.
Felicity O'Kelly has brought High Court proceedings against farmer, John Brew of Tarmon, Kilkee, Co Clare.
Mrs O'Kelly claims Mr Brew, who disputes the ownership of a portion of the lands, has allegedly trespassed on the site of a former creamery at Termon West, Kilkee, Co Clare which she owns.
She claims Mr Brew has left cattle on the disputed land, which have wandered onto the main road.
She seeks various orders against Mr Brew including an injunction restraining the farmer from trespassing or interfering with her property, and that he remove fencing and locks on the gates to her property.
She also seeks an injunction requiring the farmer to remove any property including animals located on the lands.
She further seeks orders for damages against Mr Brew.
At the High Court today Mr Justice Tony O'Connor granted Mrs O'Kelly permission to serve short notice of the proceedings on Mr Brew.
The Judge, who granted permission on an ex parte basis, adjourned the matter to a date in June.
Mrs O'Kelly's counsel Michael Howard SC said that normally a case like this would be a matter for the Circuit Court.
However, as Mrs O'Kelly's husband, Judge Eugene O'Kelly sat on that division of the courts, the action would have to be heard by the High Court.
Counsel said the site was purchased by the O'Kelly's some years ago. It is now in the sole name of Mrs O'Kelly.
An issue arose with the farmer over a portion of the lands.
The O'Kelly's made efforts to sort out the dispute, counsel said.
Mr Brew, counsel said had put cattle on the land.
Matters recently escalated when a lock was placed by Mr Brew on a gate of the lands, counsel said.
Mrs O'Kelly did not want to come to court, but counsel said she felt she was left with no option.
