A nephew of a man killed in the Creeslough explosion in Co Donegal has been ordered to leave the home of his late uncle.
Farmer Hugh Kelly (59) was one of 10 people who died when an explosion ripped through a petrol station in the Co Donegal village on October 7th, 2022.
Following Mr Kelly’s death, a row erupted between his nephew and the dead man’s partner over the deceased man’s home and other lands at Bishop’s Island, Castledoe, Creeslough.
The case has been ongoing at Letterkenny Circuit Court.
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Judge John Aylmer has now granted an interlocutory injunction to Linda Gallagher, the dead man’s partner, against his nephew Josie Kelly, whom she claimed was illegally occupying the property.
When the case was called on Wednesday, Ms Gallagher’s barrister Gareth McGrory, BL, instructed by solicitor Frank Dorrian, said Josie Kelly was not in court and was not legally represented.
Previously, Judge Aylmer heard Ms Gallagher attended the property on October 15th, 2022, just a week after her partner had been killed, and discovered Josie Kelly had “wrongfully or illegally entered the dwelling and changed the locks”.
A locksmith was called and a voice was heard inside the property, which Ms Gallagher recognised as Josie Kelly, but the locksmith could not gain entry.
It was also alleged Josie Kelly placed padlocks on the gates and put a donkey on the land while Ms Gallagher had been in the United States towards the end of October.
The property was registered in the name of Hugh Kelly, who had lived in the house all his life.
Ms Gallagher sought an injunction to restrain the defendant, or agents acting on his behalf, from trespassing, entering or making use of the lands without the expressed authority of the plaintiff. Mr McGrory said his client was also seeking an injunction to have the defendant repair any damage caused following the alleged illegal trespass. He explained said Ms Gallagher, who was originally from Indiana in the US, had been in a relationship with the deceased. They both maintained separate houses, but there were several pictures of Ms Gallagher in Hugh Kelly’s home.
The court heard Ms Gallagher had been left “distraught” at Mr Kelly’s sudden death and the deaths of the nine other people in the explosion, as well as suffering “shock, pain and sorrow” following the incident.
At a previous hearing Josie Kelly said he had invested more than €100,000 on improvements to the property. He said he had also 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, returning to live on the property in 2018. Mr Kelly claimed 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 added.
Judge Aylmer asked why Mr Kelly had not exhibited anything in support of his evidence. “The absence is striking,” the judge said, noting he expected to see evidence that Mr Kelly has been living at the property since 2018 and of the €100,000 he said he had spent.
Judge Aylmer said last year he was giving a short opportunity for the defendant to put such evidence before the court.
When the case resumed this week, Mr McGrory said he had received a five paragraph affidavit from Josie Kelly after previous claims he had invested substantial money in the property. He said however a striking feature of the case was there was no documentation forthcoming that bore this out.
Having considered the application, Judge Aylmer granted an interlocutory injunction directing Josie Kelly to leave the house and not to go on to the lands without the permission of the plaintiff, Ms Gallagher.
Costs were also granted to the plaintiff.
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