Bank’s case over Strokestown eviction property delayed

KBC Bank's application for a High Court injunction requiring the family at the centre of the Co Roscommon eviction controversy to leave their home may not be heard until autumn.

KBC wants orders requiring siblings Michael Anthony, David and Geraldine McGann to vacate their family home at Falsk, near Strokestown.

The case was briefly mentioned before Ms Justice Leonie Reynolds on Thursday when Keith Rooney BL sought a half day hearing date later this month.

David Browne BL, instructed by solicitor Donnacha Anhold for David and Geraldine McGann, said it would take longer and his clients wanted to have an action by David McGann heard at the same time.

David McGann has brought related proceedings against several parties including KBC aimed at preventing any party taking possession of or interfering with the property.

Ms Justice Reynolds, citing the pressures on court lists at this time of year, said it would have to be heard next term. She also gave Mr Browne permission to seek to have the two cases consolidated and heard at the same time.

Michael Anthony McGann was not in court and no representations were made to the court on his behalf.

The McGann family were evicted from the farm last December on foot of a possession order KBC secured some years ago.

The eviction gained national media attention after private security operatives were forced from the property by a group of masked men.

Gardaí subsequently launched an investigation after security personnel were attacked, several of whom required medical treatment, and several vehicles were burnt. A dog also had to be put down due to injuries it sustained.

The McGanns, who were not involved in these incidents, subsequently returned to the property.

The property was subject of a loan agreement between KBC and the farm’s registered owner, Michael Anthony McGann.

He fell into arrears on repayments and owed the bank some €431,000.

KBC obtained a possession order in respect of the property in 2012, which was not appealed. The last repayment on the loan to KBC was made by the borrower in Feburary 2014.

In 2018, the order for possession was executed at Roscommon Circuit Court.

KBC had delayed bringing the injunction proceedings pending a Garda investigation into the December events.