A businesswoman has asked the High Court for orders preventing a financial fund and a receiver from trespassing or selling what she claims is her home in Galway City.
Lucy Ewins claims that in recent weeks agents of the defendants have allegedly wrongly entered her home at 'The Rise', Knocknacarra Galway, changed the locks, and are trying to market the property for auction.
She also alleges that on one occasion a representative of the defendants refused to leave her home, and slept overnight in the sitting room of the property.
She claims these actions amount to unlawful trespass and a breach of her rights, including her right to privacy.
She also claims that she has been the subject of intimidation and harassment by the defendants for several years.
Ms Ewins, who is originally from Kenya but who has lived in Ireland for over 30 years, is seeking injunctions against Promontoria Scariff Designated Activity Company and the receiver the fund appointed over the property, David O'Connor.
Represented by Martin Byrne Bl instructed by GN & Co Solicitors Ms Ewins seeks an injunction restraining the defendants from taking any steps to sell the property.
She also seeks an order preventing the defendants or their servants and agents from trespassing or interfering with the property.
Ms Ewins said in a sworn statement to the court that the property has been her principle private residence since 2014.
Mortgage
She said that she and her now estranged husband had operated businesses in Dublin and Galway, resulting in them residing at both the Galway property and at a property in Rush, Co Dublin.
Following the breakdown of her marriage, she claims that she lives permanently at the Galway property, which she said was acquired in 1999.
The mortgage on that property was ultimately acquired by Promontoria in 2018.
She said that repossession proceedings had been issued against her and her ex-husband in respect of the four-bedroomed semi-detached Galway property in the Circuit Court.
In 2020, she claims that Promontoria appointed Mr O'Connor as receiver of the property.
She rejects claims that she resides at the property in Rush.
She also claims that late last month, agents of the defendants entered the property when she was away on business, when her brother and his family were holidaying in Galway.
She claims that the men gave her brother the impression that they were members of gardaí.
Her brother, Derixce Otiemo, who lives in Dublin, said in his sworn statement to the court that five men claimed they were plain-clothes gardaí.
He said that once inside, it was clear they were not gardaí, adding they acted aggressively in the house and demanded to inspect all of the property's rooms.
He said his wife was in the shower at the time the men entered the property, and the men shouted that they would break down the bathroom door if she did not open it, which she did out of fear.
He said his three young children, who were also in the house at the time, were also distressed by the men's actions.
Earlier this month, Ms Ewins said a sign stating the property is up for auction was erected outside the property. That auction, she claims, is due to take place later this month.
As a result, she has launched proceedings against the defendant aimed at preventing the property from being sold.
The matter came before Mr Justice Rory Mulcahy on Wednesday.
The judge said he was not prepared to grant any orders in the action without hearing from the other side.
The judge said he was satisfied, on an ex-parte basis, to grant Ms Ewins permission to serve short notice of the injunction proceedings on the defendants.
The matter was adjourned to Thursday morning's sitting of the court.
