Court case on Creeslough victim’s estate adjourned
The partner of one of the victims of the Creeslough explosion is seeking an interlocutory injunction against a nephew of the deceased, who she claims is illegally occupying the property.
A courtroom battle over the estate of one of the victims of the Creeslough tragedy has been adjourned until the end of July.
Farmer Hugh Kelly, 59, was one of ten people to lose their lives when a suspected gas explosion ripped through a filling station complex on October 7, 2022.
A court case has commenced between a nephew of Mr Kelly and the late man's partner over his home and other lands at Bishop's Island, Castledoe, Creeslough.
Documents read out previously at Letterkenny Circuit Court heard that the late Mr Kelly's partner Ms Linda Gallagher said she is the beneficiary of the last will and testament, dated November 30, 2006.
Ms Gallagher is seeking an interlocutory injunction against a nephew of the deceased, Mr Josie Kelly, who she claims is illegally occupying the property.
The case was adjourned until today to be heard at Letterkenny Circuit Court following a previous mention at Carrick-on-Shannon Circuit Court.
Barrister for Ms Gallagher, Mr Gareth McGrory BL said he had been contacted by Mr Kelly's barrister, Mr John McCoy B L to say his client could not attend Wednesday’s hearing at the commencement of the current Circuit Court session.
Mr McGrory told the court that he was again contacted by text by Mr McCoy this week saying his client was at a funeral in England today.
Mr McGrory said his client was anxious to have the case heard and asked the court to have the case scheduled for July 31. He sought the case to be made peremptory against Mr Joseph Kelly which Judge John Aylmer agreed to.
Judge Aylmer added that he was not concerned if Mr Kelly had a funeral on this scheduled date, marking the case to be heard.