Claim by doctor dismissed

Dr Hithavachani seeks injunction preventing couple taking possession of her Letterkenny home

A retired consultant doctor who claims she is the victim of an alleged fraud will be destitute if her home is repossessed to meet a judgment order against her, the High Court was told yesterday.

Dr Rani Hithavachani (71) wants, pending a full court action, an injunction preventing Michael Forde, a farmer, and his wife Frances, a beautician, taking possession of her home at Fairgreen Park, Letterkenny, to satisfy a judgment of €37,000 obtained against her at Donegal Circuit Court in 2003.

The Fordes sought judgment for services they say they provided on her behalf under a power of attorney acquired for a period in 2002 in respect of dealings with two properties.

She claims the couple, of The Elms, Letterkenny, had arranged for her to be committed to Letterkenny hospital where she remained until “rescued” by friends in early 2003. The Fordes contend her action is an attempt to frustrate the judgment.

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Yesterday, Desmond Murphy SC, for Dr Hithavanchani, said the case was “a bizarre one by any standards” but an injunction should be granted to prevent his client being made homeless. His client became friendly with the Fordes in 1999 and they became aware of difficulties she had in acquiring a house and selling her own property, he said.

She claims they offered her help through a barrister friend of theirs called "Hilary" who, they said, had easy access to the judges in the Supreme Court and considerable power and influence. "If such a barrister exists I would like to know who they are," counsel said, adding it was his client's case this person was invented to obtain dominion over her.

*On November 21st 2013, Mr Justice Moriarty dismissed the claim by Dr Hithavanchani and awarded costs against her.

*This article was edited on May 3rd, 2018