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 DAC, which has asked the court for orders, including an injunction requiring several individuals to immediately vacate a property located at 14 Rosehill Avenue, Firies, just outside Killarney, 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 Carkerbeg, of 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 of the property, and disputes all of Mars' claims and entitlements in respect of the property.
Representing herself, Ms O'Connor told the judge there was no urgency to the injunction application being heard, adding 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, adding that Ms O'Connor had brought separate proceedings against his client in respect of the property.
Counsel said his client suspects Ms O'Connor's action has been brought in an attempt to delay Mars' application for the injunction, and said that, in her proceedings, Ms O'Connor is seeking to join the Minister for Justice as a notice party.
Counsel said his side will contest Ms O'Connor's proceedings when required, and said the two matters should be heard together.
Ms O'Connor rejects any wrongdoing, and said she is entitled to have her action against Mars heard by the court.
Mr Justice Sanfey agreed the matter should be put back to allow Ms O'Connor and 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.
Mortgage
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 claims it acquired the mortgage, and last year obtained an execution order on foot of the possession order from the Kerry County Registrar. It also claims those orders have not been appealed.
Mars claims the County Registrar, acting in his capacity as sheriff, was unable to take possession of the property on September 26th, 2023, due to the presence of several individuals, including several of the defendants.
Mars claims Gardaí advised the registrar to withdraw from the property, as an attempt to secure possession could result in an escalation to violence.
Mars claims 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 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 it has no choice other than to bring the proceedings to retrain the defendants from impeding its agents, and preventing them from trespassing on the property.
