A farmer has brought High Court proceedings against several parties including KBC Bank over an attempt to evict him, along with his two siblings, from their Co Roscommon home last December.
In proceedings recently lodged in the High Court farmer David McGann, from Falsk, near Strokestown is seeking various orders and declarations from the court including an order preventing any party from taking possession of or interfering with the Co Roscommon property.
The eviction gained national media attention after private security operatives were forced from the property by a group of masked men.
The incident, which resulted in an alleged attack on the security personnel who left the property, vehicles being burnt and the death of a dog, is the subject of an ongoing Garda investigation. The McGanns subsequently returned to the property.
The eviction was conducted on foot of possession orders allegedly obtained against Anthony McGann, David McGann’s brother. As well as suing KBC Bank, David McGann’s action is against the firms Trinity Asset Managerial Services Ltd, GS Agencies Ltd and Local Authority Services Ltd, and Aidan Devlin, with an address in Summerhill Co Meath, who the plaintiff alleges are agents of the bank. The action is also against the County Registrar of Roscommon.
Rights
David McGann, who is represented by solicitor Donnacha Anhold of Carter Anhold & Co Solicitors, along with Eanna Mulloy SC and David Browne BL, seeks several declarations from the court including that the defendants actions on December 11th last at the property were unlawful, and breached his constitutional rights, and rights under Article 8 of the European Convention of Human Rights (ECHR).
He further seeks damages and aggravated and exemplary damages for alleged trespass, breach of his constitutional right to private property and defamation.
He seeks a declaration that the three firms, which are allegedly involved in the security business and Mr Devlin acted without lawful authority and in breach of the 1926 Enforcement of Court Orders Act in attempting to access and gain entry to the property on foot of execution orders for possession dated August 8th and September 4th last.
David McGann also seeks declarations that the county registrar had not lawfully delegated his power to a designate a court messenger when the defendants attempted to access and gain entry to the property at Falsk.
Occupier
Another declaration sought is that rules of the Superior and Circuit Courts relation to possession orders breaches his rights because they enable an order for possession to be executed against the occupier of a property without the occupier being named in the proceedings.
He further seeks a declaration that the defendants have committed slander of title by attempting to take possession of the property in circumstances where they had no lawful authority to do so.
If necessary he seeks a declaration that the 1926 Enforcement of Court Orders Act breaches provisions of the Irish Constitution and Article 8 of the ECHR.