Judge refuses to overturn orders for two squatters to vacate Dublin property

High Court reporters

The High Court has refused to allow two squatters to seek to overturn orders directing them to vacate a north Dublin property forming the estate of two deceased sisters.

Ms Justice Emily Farrell said Laksmee Bissuessur and Philip Smith put forward “no legitimate basis” for their occupation of the premises, which belongs to the estates of Adeline and Rita Keppel.

There is no evidence “whatsoever to suggest” Evelyn McMillen has or will take any steps that are incompatible with her duties as administrator of the estates.

She found no fault in the Circuit Court’s November 2023 decision to grant an injunction directing Ms Bissuessur and Mr Smith to vacate the property on Church Road that has vested in the administrator for the benefit of the Keppels’ beneficiaries.

The judge said the property is still registered in the name of Adeline Keppel, who died in 2001.

An RTÉ news report from January 2011 relayed a Garda appeal for assistance in tracing Rita Keppel’s next of kin. It said she died of natural causes that month aged 78 after living all her life in the East Wall area.

Ms McMillen, with an address in Aohgill, Ballymena, Northern Ireland, had never met the deceased but was a relative through her mother.

In their legal papers, Ms Bissuessur, a carer, and Mr Smith, a homemaker, said they have occupied the property as their home since Rita died in 2011.

They alleged the Circuit Court judge fettered his discretion by refusing to consider whether the grants of administration had been obtained by fraud and by refusing to look behind earlier High Court orders.

They claimed this breached their constitutional rights.

Ms Justice Farrell was unconvinced by the improperly pleaded allegation of fraud, which is a “very serious matter” that should only be alleged if backed by sufficient particulars.

Their claims were entirely denied by Ms McMillen, represented by barrister Martin J Collins.

Her Circuit Court case seeking the orders to vacate alleged Ms Bissuessur and Mr Smith had refused to vacate when called to do so. It was alleged this has caused the deceased's estate to suffer loss and damage.

The squatters denied the claims but accepted Adeline Keppel is the registered owner, said the judge. They denied having wrongfully occupied the premises.

They disputed that Rita Keppel had been the sole surviving sister of Adeline and alleged discrepancies in the Keppel family tree. Mr Smith cited genealogy enquiries he made in an alleged bid to identify the Keppel descendants.

The pair accepted Rita and Adeline both lived at the property but pleaded that if Rita continued to live there after her sister’s death, this was “in adverse possession to the estate of Adeline”.

Ms Justice Farrell said lawyers for the pair confirmed during the court hearing that they are squatters. She was satisfied this was not an appropriate case to overturn the order to vacate.

The judge noted the property had been vested in the administrator for the benefit of the estate beneficiaries.

Orders made do not confer any beneficial interest in the property on the administrator but, rather, enable her to protect and distribute the estate’s assets.