Strokestown eviction application adjourned

KBC bank wants its application for a High Court injunction requiring the family at the centre of the Co Roscommon eviction controversy to leave their home, heard as soon as possible.

KBC is seeking an order requiring siblings Michael Anthony, David and Geraldine McGann to vacate their home at Falsk, near Strokestown in Co Roscommon. The bank's counsel Rossa Fanning told Ms Justice Leonie Reynolds on Monday that the case was "very  important" for KBC and was about the "integrity of the rule of law." 

The 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, with several vehicles burnt out and a dog put down due to injuries sustained. The McGann family, who were not involved in those incidents, subsequently returned to their home. 

KBC commenced the injunction proceedings in May. Mr Michael Anthony McGann was not present in court when the case was mentioned on Monday, July 1, and no representations were made on his behalf. Lawyers for David and Geraldine McGann have opposed KBC's application. 

In addition, the court heard that David McGann has brought separate, but related, proceedings against several parties including KBC. In his action, he seeks various orders, including one preventing any party from taking possession of or interfering with the property.

Mr Fanning said 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 Feburary 2014 when €500 was paid counsel said. 

The bank has "not got a cent" from Michael Anthony McGann "for more than 5 years," counsel added.   

In 2018 the order for repossession of the property was executed at Roscommon Circuit Court, which resulted in circumstances that were of some notoriety, counsel continued.   

Counsel stated that KBC had held off seeking the injunction following a request from the Gardai. The delay was in order to facilitate the Garda investigation into the what had occurred following the eviction, and KBC did not want to inflame the situation any further, counsel added.    

However, the Gardai were now happy for the bank to proceed with its injunction application and KBC are now seeking to have the matter heard before the end of the July. Eanna Mulloy SC for David and Geraldine McGann said that the validity of the execution of the possession order by the Roscommon County Registrar is being challenged in David McGann's proceedings.   

Counsel said that action, which was lodged last February, is being advanced by his client. Ms Justice Reynolds agreed to adjourn KBC's application for two weeks. 

The Judge said no hearing date would be fixed until all the relevant documents have been exchanged and the case was ready to proceed. The Judge said she was also satisfied that Mr Michael Anthony McGann had been served with the papers in the case, and was aware of the proceedings. 

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