High Court declares Laois couple are registered owners of disputed garage where they kept exotic pets

The High Court has made a declaration in proceedings that a Laois couple are the owners of a disputed garage where they had kept exotic pets including an alligator.  

The declaration was made by Mr Justice David Nolan on Thursday with the consent of the parties as part of on-going proceedings brought by Alan O'Neill, and his partner June Finnegan against Drumgoan Developments Limited, Mr Noel Martin Senior and Darren Martin.

The garage, which the defendants had claimed was owned by Drumgoan, is located adjacent to the couple's home of 20 years at Crann Nua, Edenderry Road, Portarlington. The case first came before the court last month when the couple obtained orders including an injunction restraining the defendants, who are alleged to have threatened and intimidated them, from communicating directly with the plaintiffs.

Over the years the couple kept and bred exotic pets in the garage including chameleons, tarantulas, scorpions and a female caiman alligator.  

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Mr Martin Snr is alleged to have breached that order on two occasions, and was made the subject of contempt of court proceedings. He subsequently apologised to the court, and agreed not to contact the plaintiffs.

On Thursday when the matter returned before the judge Mr Ruaidhi Giblin for the couple said that both sides had agreed following out of court discussions that the court could make a declaration to the effect that the plaintiffs are entitled to be registered as the legal owners of the garage. 

The declaration also stated that they had not been registered as the owners due to a mistake and that Drumgoan was not the owner of the garage.  

Conor Feeney Bl for the defendants said that his side was consenting to the declaration, and that there had been no further breach of the injunction.  The judge welcomed the development and praised the legal teams for their efforts in resolving this aspect of the case. 

He said that Mr Martin Snr was "not out of the woods yet" and adjourned contempt proceedings against that defendant to a date in June. 

When the matter returns the judge said he will rule if Mr Martin Snr was in contempt, and if so what sanction to impose.
Other aspects of the action, including the couple's claims for damages against the defendants remain live before the court.  In their action the couple claim the defendants had asserted ownership of the garage. The couple claim they purchased their home and for an additional fee the garage, which was built by Drumgoan, in 2005.

The couple say the garage was not properly conveyed to them, due to an oversight and they say they were unaware of this issue until recent months. 

They alleged that the defendants engaged in a "land grab" and made demands for payment from them and their neighbours who have garages in the estate.

They also claimed that the garage was damaged by agents of the defendants using a JCB.They claimed that Mr Martin Snr sent them threatening communications, including messages allegedly designed to intimidate his family into complying with the defendant's scheme. 

The plaintiffs allege that Mr Martin Snr threatened to make complaints about them to various agencies including Tusla and the Irish Society of Prevention of Cruelty to Animals.  

In his evidence to the court earlier this month Mr Martin apologised over what he said was a genuine mistake and a misunderstanding.  

He accepted the plaintiffs had "paid handsomely" for their property.

There had been an issue with the conveyance of the garage which, he said, would be rectified. He rejected the plaintiffs' claim that he was involved in "a land grab," and said that he was trying to mediate the situation, and repair any damage allegedly done to the O'Neill's property.