Row over ownership of €1m Limerick farmland sold by receiver comes before High Court

A ROW between parties who claim they purchased farmland in County Limerick for €1m that was put up for sale by a receiver late last year, and the alleged former owners has come before the High Court.  

Westglade Unlimited Company and Timothy Carroll claim that they remain unable to access lands at Ballycullane, Kilmallock, County Limerick which they acquired from a receiver appointed over the property by financial fund Everyday Finance DAC. 

The plaintiffs claim that the previous owners William and Anna Kennedy, of Caherwisheen, Ballyard, Tralee, County Kerry have refused to give up vacant possession of the property, and are keeping several horses on the lands. 

Represented by Tomás Keyes Bl the plaintiffs claim they have tried to reach an accommodation with the Kennedys over the lands. 

Counsel said that his clients met with the Kennedys at the property last March.

Counsel added that defendants also told his clients that the Kennedys “remain as the registered owners of the property,” and that his clients were trespassing on the land.

Counsel said Mr Kennedy also told them during that meeting that it was the plaintiffs’ problem if they had gone off and handed over money as the farm remained in the defendants’ possession and that “the next person who took the locks off my gate will be shot”. 

Counsel said his clients took that statement to be “a threat”.   

Counsel said that in addition access to the lands was blocked off by vehicles, one of which had the name of an equine business the defendants are allegedly involved with.

A sign was placed on another entrance to the site stating that: “No unauthorised person allowed on this site.”

Counsel said that in 2016 AIB, on foot of unpaid loans, secured orders from the High Court against the defendants granting it possession of the lands.

That order was never appealed.

Counsel said that the loans were transferred to Everyday, who after appointing a receiver put the lands up for auction.

His clients were interested in early 2023 in buying the lands, but after speaking with the defendants, withdrew their bid for the property.

They withdrew because they were told that the Kennedys had reached an agreement with Everyday. 

Counsel said that the purported agreement between the Kennedys and Everyday was never completed, and when the lands came up for auction again last December his clients purchased them.

Counsel said that his client are aware that the Kennedys had brought proceedings against Everyday and the receiver in respect of that lands. 

However, counsel said that those proceedings were brought after the sale had been completed.

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Counsel said that his client had tried to come to an arrangement with the Kennedys and had offered them a goodwill payment of approximately €275,000 in respect of the lands.

However, the plaintiffs claim that the defendants actions have made it impossible to reach an accommodation. 

As a result, the County Limerick-based plaintiffs have asked the court for orders including injunctions restraining the defendants from occupying the lands, or from interfering with the plaintiffs’ occupation of the property. 

They also seek orders requiring the defendants to vacate a ‘lis pendens’ which informs other parties that there is a legal challenge in respect of a property, they registered over the lands.

The matter came before Mr Justice Mark Sanfey on Wednesday. 

The judge, on an ex-parte basis, granted the plaintiffs permission to serve short notice of the proceedings on the defendants.

The judge said while he questioned the urgency of the matter being heard in the short term, he added that the court was concerned about the allegations of threats made by the defendants. 

The matter will return before the court next week.