Brothers' legal action adjourned

Legal proceedings between former Fianna Fáil senator Mr Dan Kiely and his brother, Mr Timothy Kiely, over lands and buildings…

Legal proceedings between former Fianna Fáil senator Mr Dan Kiely and his brother, Mr Timothy Kiely, over lands and buildings in Ballybunion, Co Kerry, have been adjourned at the High Court until tomorrow.

Mr Dan Kiely, of Doonard, Tarbert, has brought a claim against Mr Timothy Kiely seeking specific performance of an agreement between them providing for the transfer of lands and buildings.

As an alternative to the decree for specific performance, Mr Dan Kiely is seeking declaratory and injunctive relief and claims a beneficial interest in the licensed premises known as the Hibernian Bar, Ballybunion.

On Thursday last the High Court gave leave to Mr Timothy Kiely to serve notice on his brother, returnable to yesterday, of his intention to seek an order dismissing Mr Dan Kiely's action.

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It is claimed the action should be dismissed as it has no reasonable possibility of success.

When the case came before Mr Justice Kelly yesterday, he was told that lawyers for Mr Dan Kiely required more time in the proceedings.

The judge adjourned the matter until tomorrow.