Partner of Creeslough explosion victim seeks injunction over property

The partner of one of the Creeslough explosion victims is seeking an interlocutory injunction against a relative of the deceased who she claims is illegally occupying a property.

The case, which came before Letterkenny Circuit Court this week, has been adjourned until next Thursday for the defendant to provide evidence of his residence at the property and of expenses he claims to have incurred in carrying out improvements.

Mr Hugh Kelly, a 59-year-old of Castledoe, Creeslough, was one of ten people tragically killed in a gas explosion at the Applegreen complex in Creeslough on October 7, 2022. 

Letterkenny Circuit Court heard how the late Mr Kelly had given a lift to a man and his young daughter, who also died in the blast, to the shop on the tragic afternoon.

Ms Linda Gallagher said she was the beneficiary of the last will and testament, dated November 30, 2006 of the late Mr Kelly, which included a house, car and out office on lands known as Bishops Island at Castledoe, Creeslough, together with the residue of his estate.

An affidavit from Ms Gallagher said that she attended the property in question on October 15, 2022 and discovered that the deceased’s nephew, Mr Josie Kelly, had ‘wrongfully or illegally entered the dwelling and changed the locks’.

Ms Gallagher, who was represented by Mr Gareth McGrory BL, instructed by solicitor Mr Frank Dorian, alleged that Mr Josie Kelly had unlawfully and wrongfully trespassed and accessed the dwelling house and had also placed padlocks on the gates and placed a donkey on the lands. 

The court heard that the late Mr Hugh Kelly had resided at the property - which was described as being a ‘traditional farmhouse with extension and outbuildings’ - all of his life. The court was told that the property was registered in Mr Hugh Kelly’s name having previously been in the name of his mother, Ms Sally Kelly,.

Ms Gallagher sought an injunction to restrain the defendant, his servants or agents from trespassing, entering or making use of the lands without the express authority of the plaintiff. 

Mr McGrory said his client was also seeking an injunction to have the defendant, his servants or agents to repair any damage caused following the alleged illegal trespass.

Ms Gallagher is originally from Indiana in the United States and had been in a ‘loving relationship’ with the late Mr Kelly, although they maintained separate houses.

She said she was ‘completely distraught’ on learning of the explosion and the death of Hugh Kelly and the other nine victims of the tragedy.

She described the ‘shock, pain and sorrow’ she suffered in the immediate aftermath of the explosion.

Ms Gallagher said she went to America in late October and when she returned in November she found the gates were chained and padlocked and a donkey was present on the lands.

She told the court that she has sentimental property in the house, including photographs.

In an affidavit, Mr Josie Kelly, who was represented in court by barrister Mr John McCoy BL, said his late grandfather had wished the property to stay in the Kelly family. Mr Josie Kelly said he had invested over €100,000 on improvements to the property and had organised crops of hay and silage on the farmland.

He said he had lived at the property since 1984, save for the years of his marriage until 2018, since which he had been living on the property.

Mr Kelly claimed that none of the plaintiff’s possessions are in the house and that he always had a key and access to the house.

“The property is my home,” he said.

Judge John Aylmer asked why Mr Josie Kelly had not exhibited anything in support of his evidence. 

“The absence is striking,” he said, noting that he expected to see evidence that he has been living there since 2018 and of the €100,000 he said he had spent.

Mr McCoy said he would take the matter back to his client for further instruction and said there were ‘parallel proceedings’ before the High Court. 

Judge Aylmer said he was giving a short opportunity for the defendant to put evidence before the court ‘that one would expect to support a contention that he has been living there since 2019’.

The matter was adjourned until Carrick-On-Shannon Circuit Court on Thursday-week, May 25, with both deponents to be present.