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25/07/2021

Strokestown farm injunction application wont be heard this month Judge says

Strokestown farm injunction application wont be heard this month Judge says

Strokestown farm injunction application wont be heard this month Judge says

KBC bank's application for a High Court injunction requiring the family at the centre of the Co Roscommon eviction controversy to leave their home won't be heard before the end of the current legal term.

KBC seeks an order requiring siblings Michael Anthony, David and Geraldine McGann to vacate their family home at Falsk, near Strokestown in Co Roscommon. 

The case was briefly mentioned before Ms Justice Leonie Reynolds on Thursday when counsel for KBC Keith Rooney Bl asked the judge for a possible hearing date later this month.

Counsel said that the matter, which is being opposed, could take half a day to hear. 

David Browne Bl, instructed by solicitor Donnacha Anhold for David and Geraldine McGann said it would take longer to hear and said his clients wanted to have an action brought by David McGann heard at the same time. 

David McGann has brought related, proceedings against several parties including KBC. He also seeks to challenge the validity of the execution of the possession order obtained by KBC that was granted by the Roscommon County Registrar.   

He also seeks orders, including one preventing any party from taking possession of or interfering with the property.

Ms Justice Reynolds citing the difficulties in getting a judge to hear cases at this time of year adjourned the matter, which she said would have to be heard next term. 

The Judge also gave Mr Browne permission to seek to have the two cases consolidated and heard at the same time. 

Michael Anthony McGann was not present in court and no representations were made to the court on his behalf. 

The McGann family were evicted from the farm last December on foot of a repossession order KBC obtained in respect of the property some years ago.

The eviction, gained national media attention after private security operatives were forced from the property by a group of masked men. 

Gardai subsequently launched an investigation after security personnel were attacked, several of whom required medical treatment, several vehicles were burnt and a dog had to be put down due to injuries it sustained. 

The McGanns, who were not involved in those incidents, subsequently returned to the property. 

KBC commenced the injunction proceedings in May. The property was the subject of a loan agreement between KBC and the farm's registered owner Mr Michael Anthony McGann.

Mr McGann fell into arrears on repayments and owed the bank some €431,000.  

Counsel said KBC obtained a possession order in respect of the property in 2012, which was not appealed.  

The last repayment on the loan to KBC was made by the borrower in February 2014. 

In 2018 the order for repossession of the property was executed at Roscommon Circuit Court. 

KBC said it had delayed bringing proceedings to allow a Gardai investigation to take place into the incident involving the security personnel. 

However, the Gardai were now happy for the bank to proceed with its injunction application.

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