Farmer loses appeal over family lands being sold by receiver

A farmer has lost his appeal over orders preventing him placing animals on lands in Co Roscommon which were in his family for generations but are being sold by a receiver.

Eugene Costello of Taughmaconnell, Ballinasloe, Co Roscommon, appealed over injunctions granted in 2017 to Carlisle Mortgages requiring him remove animals he put on lands at Coolfree, Taughmaconnell. The lands have been the subject of lengthy proceedings between Mr Costello and Carlisle, and Mr Costello has been jailed three times for contempt over not taking his animals off the lands.

Carlisle wants to sell the lands which it says were provided as security for loans. It claims Mr Costello has failed to repay borrowings and that some €1.4 million remains outstanding. Mr Costello raised several issues about the loan and has claimed the transaction was fraudulent.

The three-judge Court of Appeal dismissed Mr Costello's appeal and upheld the High Court's dismissal of his bid to have Carlisle's proceedings against him struck out. Mr Costello's claim that Carlisle had to have the execution order of possession renewed before it could seek an injunction against him was "simply wrong".