A businesswoman has asked the High Court for orders preventing a financial fund and a receiver from trespassing on or selling what she claims is her home in Galway city.
Lucy Ewins claims that, in recent weeks, agents of the defendants wrongly entered her home, changed the locks and are trying to market the property for auction.
She also alleges that on one occasion a representative of the defendants refused to leave the property at The Rise, Knocknacarra, and slept overnight in the sittingroom of the property.
Ms Ewins claims the actions amount to unlawful trespass and a breach of her rights, including to privacy, and that she has been the subject of intimidation and harassment for several years.
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Ms Ewins, originally from Kenya but living in Ireland for more than 30 years, is seeking injunctions against Promontoria Scariff Designated Activity Company and the receiver the fund appointed over the property, David O’Connor.
Represented by Martin Byrne, instructed by GN & Co Solicitors, Ms Ewins is seeking an injunction restraining the defendants from taking any steps to sell the property. She has also sought an order preventing the defendants or their servants and agents from trespassing or interfering with the property.
Ms Ewins said in a sworn statement to the court that the property has been her principal private residence since 2014.
She said she and her now estranged husband had operated businesses in Dublin and Galway, resulting in them residing at both the Galway property and at a property in Rush, Co Dublin.
Ms Ewins said following the breakdown of her marriage she lives permanently at the Galway property which she said was acquired in 1999. Its mortgage was ultimately acquired by Promontoria in 2018. She rejected claims she resides at the property in Rush.
She said repossession proceedings had been issued against her and her ex-husband in respect of the four-bedroom semidetached property in the Circuit Court. In 2020, she claims, Promontoria appointed Mr O’Connor as receiver over the property.
She also claims that late last month agents of the defendants entered the property when she was away on business, when her brother and his family were holidaying in Galway.
She claims the men gave her brother the impression they were members of the Garda.
Her brother, Derixce Otiemo, who lives in Dublin, said in his sworn statement to the court that five men claimed they were plain clothes gardaí but that, once inside, it became clear they were not.
He said they acted aggressively in the house and demanded to inspect all of the property’s rooms, and that his wife was in the shower when the men entered the property.
He claims the men had shouted they would break down the bathroom door if she did not open it, which she did out of fear.
He said his three young children, who were also in the house at the time, were distressed by the men’s actions.
Earlier this month, Ms Ewins said a sign stating the property was up for auction was erected outside. That auction, she claims, is due to take place later this month.
As a result, she has launched proceedings against the defendant aimed at preventing any sale.
On Wednesday, Mr Justice Rory Mulcahy said he was not prepared to grant any orders in the action without hearing from the other side.
The judge said he was satisfied, on an ex parte basis, to grant permission to serve short notice of the injunction proceedings on the defendants. The matter was adjourned to Thursday’s sitting of the court.
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