A woman who was sued by her mother and two brothers in a bitter land dispute has won her case.
In what she described as a "very sad, difficult and unfortunate case", Judge Mary Faherty dismissed claims by Christopher Gildea, Dan Gildea and their mother Nora Gildea (89) over land folios owned by Nora Kelly of Correnagh, Letterkenny, Co Donegal, their sister and daughter, respectively.
The Civil Circuit Court in Letterkenny heard Ms Kelly was bequeathed the land by her late uncle William John Kennedy, whom she had cared for until his death in 2007 at the age of 92. Details of the case were initially outlined before Judge Faherty over five days in May and had been adjourned until yesterday morning.
Craft field
Christopher Gildea claimed he had a right to all three folios, while Dan Gildea was claiming rights to a shed and a strip of land adjacent to it. Nora Gildea had contested the land folio left to her daughter, known as the craft field, saying it was rightfully hers.
Judge Faherty rejected Dan Gildea’s claim, saying there was insufficient evidence that he had owned the land for 12 years at a time.
While it was accepted that he used the shed and the land, it was never in his “sole, exclusive” possession, said the judge.
Judge Faherty said Christopher Gildea, who “in essence” had said he had worked the Kennedy farm since 1972, had made no objection when the lands he claimed were his were first transferred to Nora Kelly. And he could not claim a 12-year period of single ownership either.
The judge said she accepted that the late Mr Kennedy had slept in the Kelly household at night and lived in his house during the day.
There was no evidence the Gildea family had maintained the Kennedy home. She said she was satisfied that Nora Gildea was at no point a joint tenant of the Kennedy family home and dismissed her claim.
Peter Nolan, for Ms Kelly, told the court that his client had “suffered nothing short of a period of hell” and, having been vindicated in her claim, was entitled to her costs. “There was no genuine claim, ” he said.
Spiritually attached
The Gildea brothers' barrister, Seán MacAoidh, said his clients had been emotionally and spiritually attached to the land under dispute and asked for costs not to be awarded.
“An award of costs would further entrench positions. It is hoped some sort of resolution will come to pass on the ground. No court likes to see a family torn apart, but there’s always hope.”
After a short recess, Judge Faherty said she would not make an order for costs to Ms Kelly from Nora Gildea.
In the case of Christopher and Dan Gildea, Judge Faherty made an order of 50 per cent of the costs, of which Christopher Gildea is to pay 80 per cent and Dan Gildea 20 per cent.
Speaking after the case, Mrs Kelly said her life had been made hell by the case and although she was glad the judgment had gone in her favour, she expressed worry the dispute was not over. “I am glad about the decision . . . we went through hell, five years’ loss of life. Now we can start living again. My family and my grandchildren, they suffered as well. I want peace now for the rest of my days. None of us is getting any younger,” she said.
“There’s an injunction so that might help things. When we got the injunction the last time, life was a bit easier so hopefully this time it will be better.”