Tesco gets injunction over horses on land

High Court Reporter

Tesco has been granted a High Court injunction requiring a couple to remove horses on an eight-acre site it owns in Galway.

Martin and Kathleen Donovan, who live at Túr Uisce, Doughiska, Galway, have been keeping the horses and using buildings as makeshift stables on the site at Briarhill Junction, Galway City, the court heard.

On Friday, the court granted permission, following an ex parte (one side only represented) application by Tesco, to serve proceedings on the couple, requiring that they end the trespass and remove the animals.

On Tuesday, David Dodd BL, for Tesco, said efforts had been made by a summons server to pin court papers on the door of the house the couple live in as directed by the court in order to effect service of the proceedings.

The server had to leave for his safety after he was told that a number of the people in the house at the time would "deal" with him if he tried to pin the papers to the door.

There was no appearance by or for either of the Donovans on Tuesday.

Mr Justice Brian Cregan said in those circumstances he was granted the orders sought by Tesco. He said the case could come back next month and mentioned to the duty judge after August 25th.

Last week, the court heard the couple had engaged with Tesco representatives at a meeting in June when they said they would get the horses off if they were "financially compensated" so that they could buy or rent new land to keep the animals. Tesco refused.

The Donovans also claimed they have been on the site for 15 years and could claim some adverse possession (squatter's rights). Tesco dispute this and say the claim is bound to fail.

Galway City Council have also notified Tesco that it had to render the land "other than derelict" and the site had been placed on the derelict sites register, which could result, if works are not carried out, in punitive levies and the possibility of a compulsory purchase order.

It has not been possible for Tesco's contractors to get onto the land and do the necessary work due to safety concerns.

Tesco has erected paladin fencing around the site boundary, but locks to the gates to the site had been removed and new locks placed there, but not by Tesco.