Court upholds order over couple's eviction from home after appeal fails

High Court reporters

The Court of Appeal has upheld that a serving Garda and his wife leave a house in Co Cavan they were occupying after their bid to remain there failed.

The court had been told that businesswoman Sylvia Fox bought two houses in March last year at a housing estate after the developer, who was also the landlord, went bust.

She also claimed in the High Court last October that she had been threatened by the defendant, serving Garda Martin Reilly, who refused to yield up vacant possession of the property to her.

In February, Ms Fox, from Bennettsbridge, Co Kilkenny, secured a High Court injunction preventing Mr Reilly and Donna Heslin from continuing to occupy the house at Lock Eala, Loch Gowna, Co Cavan. The couple appealed that decision regarding the property, which they submitted had been their principal residence for over 12 years.

Lawyers for the couple had submitted that an agreement between the former developer and the couple should remain in place because Ms Fox had allegedly not been the registered owner when seeking the injunction, and they did not have proof of whom she purchased the property.

At the Court of Appeal this week, Ruaidhrí Giblin BL, for Ms Fox, successfully argued that the interlocutory injunction removing the couple remain in place as she was now recorded as the registered owner of the property with "clean title", allowing her to discontinue previous arrangements.

The couple had claimed that they had a lease agreement with the previous landlord that saw them pay the landlord €20K as a purchase-option and had been paying €100 a year in rent since 2016 as part of the agreement.

Mr Giblin said the property was sold at auction by a receiver appointed by Everyday Finance DAC to Ms Fox.

Counsel for Mr Reilly and Ms Heslin had said that ownership of the property was unclear as her name was not on the registrar despite her assertion that she bought the house at the auction in March 2024.

Mr Giblin had said there was a "very strong case" for Ms Fox's title to the house, but that the property register had yet to record her as the owner due to a delay. Counsel said documents proved she paid €130K to Everyday for the home and that she was in possession of a deed of transfer and that the register was now updated.

On March 31st, 2025, Ms Fox was informed by Tailte Éireann that her "absolute ownership" of the property had now been recorded in the new folio, said Mr Giblin.
Mr Justice Donald Binchy said he would dismiss the appeal and deliver his reasons for doing so at a later date.

Mr Justice Binchy said he would put a stay on the order for four weeks.

Ronnie Hudson BL, for the couple, said he would seek to appeal the Court of Appeal's decision to the Supreme Court.