A Co Laois couple claim that a High Court order restraining a development firm and its principals from contacting them over the disputed ownership of a garage used to keep exotic pets has been breached.
Alan O’Neill, and his partner, June Finnegan, have sued Drumgoan Developments Limited, Noel Martin snr and Darren Martin, over the garage adjacent to the couple’s home of 20 years at Crann Nua, Edenderry Road, Portarlington, Co Laois.
On Thursday, Ruaidhrí Giblin, for the couple, told Mr Justice David Nolan that one of the defendants, Mr Martin snr, has breached an order not to send communications directly to the plaintiffs.
The order is being sought as part of the couple’s proceedings where they allege the defendants have threatened and intimidated them.
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As a result of the alleged breach, counsel, instructed by solicitor Paul Kelly, sought and was granted permission, on an ex-parte basis, by the judge for permission to bring a motion seeking Mr Martin snr’s attachment and possible committal to prison.
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Mr Justice Nolan adjourned the application to a date next week.
The alleged breach is said to have occurred just hours after the matter was before Mr Justice Nolan.
The judge was told on Wednesday by lawyers for the company, and the Martins who own the firm, that while they dispute the claims against them, they were prepared to give undertakings not to interfere with the plaintiffs’ enjoyment and use of the garage.
The judge also ruled that the injunction, preventing the defendants from directly contacting the plaintiffs, is to remain in place.
The judge had welcomed the undertakings, and expressed his hope that matters could be worked out between the parties.
However, he also warned of the “serious consequences” the defendants would face if the undertakings and the court’s order were breached.
The judge made his remarks after being informed of an earlier breach by Mr Martin snr of the terms of the injunction.
In their action, the couple claim the defendants have asserted ownership of the garage adjacent to the plaintiffs’ home of 20 years.
The couple claim they purchased their home and, for an additional fee, the garage in the Crann Nua estate, which was built by Drumgoan, in 2005.
Despite paying for it, the couple say the garage does not appear to have been properly conveyed to them, due to an oversight by their former solicitor.
The garage, they accept, is on land that since 2023 is registered to Drumgoan.
The couple say they were unaware of the issue until recent months but allege the defendants have engaged in a “land grab” and have made demands of them and their neighbours who also have garages in the estate for money.
The plaintiffs claim that one day in February they heard “a loud hammering on the wall of the garage, and found two men smashing the walls of the garage with power tools”.
Another man arrived in a JCB and allegedly drove in through the garage wall, despite being informed there were pets in the garage.
The couple use the garage to keep various reptiles, including chameleons, scorpions, tarantulas and a female caiman alligator.
They also claim that Mr Martin snr has sent them threatening communications, including messages saying he will report them to Tusla, designed to intimidate his family into complying with the defendant’s scheme.
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