A BUSINESSMAN who leased his filling station because he had a heart condition in 1992 had to go to the Circuit Court to repossess it.
Mr Patrick Hoare, Hoare's Garage, The Square, Blarney, Co Cork, leased his family business to a Clonakilty man, Mr Seamus Lombard, on a two years and nine months agreement, which was never signed by the tenant.
Mr Lombard was asked to vacate the premises by May, 1995, and he did not. Mr Hoare, who was suffering from a heart condition at the time of the leasing agreement (members of his family were too young to run the business) sought to regain possession through the courts.
However, Mr Lombard told Judge Pa, trick Moran he believed that while the lease was a short term one the had an agreement it would be reviewed on an on going basis allowing him a long term arrangement. He wanted a 35 year lease from the court, he said.
The court was told there were very few independent filling stations in the country. Those that were privately owned were regarded as a valuable asset by the oil companies, which would be prepared to pay £20,000 annually for 10 years for the rights to sell their products there.
Mr Hoare said he had run the business, which consists of a filling station and shop in Blarney, for 30 years.
In 1992, because of ill health and the ages of his children, he decided to let the business out and he advertised this. He and Mr Lombard met, and in August, 1992, Mr Lombard took possession of the filling station. The letting agreement was to be for two years and nine months.
Judge Moran granted possession of the property to Mr Hoare and gave Mr Lombard until October 1st to vacate to premises. He also adjourned the resolution of the financial aspects of the agreement between the two parties until then.