Cork student challenges eviction from family home
By Ann O'Loughlin
A 23-year-old university student claims his constitutional rights were breached after he was evicted from his parent's home by the Cork County Sheriff on foot of an order obtained by KBC bank.
UCC student Jack Kelleher claims his rights were breached after he was evicted from the family home he shared all his life at Bridgewater, Carrigrohane, Co Cork on January 24 last.
The house was repossessed on foot of an order obtained at the Circuit Court in 2016 by KBC bank against his parents John and Catherine Kelleher.
Mr Kelleher claims the house was repossessed after a group of 15 people called to the property.
In a sworn statement to the court Mr Kelleher said he was stunned, shocked and traumatised by the eviction.
He claims the orders obtained from the Circuit Court cannot be used to evict him.
He says he should have been named on the order or at least the orders should have stated they could be used against all occupiers of the property.
He also claims he was not a party to the Circuit Court action and his rights to a home were not considered when the case was before that court.
At the High Court, Gary Fitzgerald Bl for Mr Kelleher said his client was aware his parents had financial difficulties but was never told about letters from the Sheriff about an eviction.
He said he and his family were given 28 days by representatives of KBC to remove their possessions from the house or they would be destroyed.
Prior to the eviction the marriage of Mr Kelleher's parents had broken up. Counsel said Mr Kelleher, his brothers and their mother are now living in Macroom, which has caused them some hardship.
In proceedings against both KBC Bank Ireland PlC, and the Cork County Sheriff Mr Kelleher yesterday asked the High Court for a temporary injunction allowing him back into the property.
Counsel said his client's case was the repossession order from the Circuit Court cannot be used to evict him from his home.
As part of his action, Counsel said Mr Kelleher will be seeking declarations the repossession order and execution orders can only lawfully interfere with the right to a home of individuals named on the face of the orders.
He further seeks damages for breaches of his constitutional right to the inviolability of the dwelling under Article 40.5 and breaches of his rights under Article 8 of the European Convention of Human Rights.
In her ruling Mr Justice Carmel Stewart said she was not prepared to grant a temporary injunction in the matter, but did grant Mr Kelleher's lawyers permission to serve short notice of the proceedings on KBC and the Sherriff.
During the course of submissions the judge questioned if the application had the appearance of "a rear guard attack" on the Circuit Court order.
This was rejected by Counsel for Mr Kelleher.
The matter will return before the court next week.
