Judge orders arrest of couple who have refused to vacate Limerick property for several years

A company that says it owns the apartment says the couple have no right to reside there, and says that for several years they have refused to comply with court orders it obtained requiring them to vacate the property.

The order directing the Gardaí to bring the couple before the court over their alleged contempt was granted by Mr Justice Mark Sanfey on Wednesday.

He said that the court has “some sympathy for the situation the couple found themselves in”, but that sympathy has now passed. The couple, he said, had been given several chances to address matters, but had failed to do so.

The judge, who has wondered if the couple are being badly advised on the matter, said “court orders have to be obeyed” and “cannot be wilfully disobeyed”.

He said Tarbutus Limited says it is the registered owner of the property that it purchased from a Financial Fund called Tanager DAC some years ago.

Tarbutus claims it is unable to take possession of the property and in 2020 brought proceedings against the property’s former owner Mr Conor Hogan of Ardnacrusha, Co Clare, who it is alleged went into occupation of the property.

In 2022 Tarbutus, represented by John Kennedy SC, obtained a High Court order, which was subsequently upheld by the Court of Appeal, requiring all persons to immediately vacate the property. It claims it cannot obtain possession of the property.

Ms Ryan and Mr Mitchell, who it is alleged have rented the property from Mr Hogan for almost four years, are aware of that order but are refusing to comply with it.

Tarbutus claims that Mr Hogan continues to dispute the plaintiff’s entitlement to the property, and has separate proceedings regarding the property pending before the court.

The plaintiff claims it has tried to come to an arrangement with the couple, but no agreement has been possible. As a last resort and with “great reluctance”, Mr Kennedy said his client has come to court seeking an order for the couple’s attachment and committal to prison.

The judge said the application alleging contempt has been before the court on several previous occasions this year. Mr Mitchell has never attended before the court, while last March Ms Ryan had attended the court, and had indicated an intention to comply, the judge said.

The judge said the consequences of not complying with the court’s order were clearly explained to her, and he had given them time to make arrangements with the plaintiff to leave. The judge said that in recent weeks he had further adjourned the attachment proceedings for health reasons and to give them a final chance to comply.

‘Not helpful’

On Wednesday, he said that, unfortunately, they had again chosen not to attend court, nor comply with the orders. The judge said the application arose out of a dispute between the plaintiff and Mr Hogan. 

Mr Hogan’s contributions to this matter, were “not helpful”, the judge said. Mr Hogan’s latest contribution was to late last month serve a notice to quit on the couple, indicating that they have 12 months to leave the property, the judge said.

Mr Hogan was “sadly mistaken” if he believes that this action trumps the court’s orders to immediately vacate the property, the judge said. The couple, the judge added, were doing themselves an “extraordinary disservice” if they were taking advice from Mr Hogan.

The judge said that he was satisfied to make order to attach the couple, and have them brought before the court by the Gardaí next week. He added that he hoped that in the meantime the plaintiff and the couple could reach an agreement that would not necessitate Garda intervention.