Permanent injunction granted to prevent trespass on Tesco land in Galway

High Court Reporters

The High Court has granted a permanent injunction to Tesco, preventing a couple from trespassing on an 8-acre site it wants to develop in Galway city.

Last July, Tesco Ireland Ltd obtained an injunction, pending full hearing of the case, preventing Martin and Kathleen Donovan, who live in a caravan on a halting site at Túr Uisce, Doughiska, Galway, from trespassing on the land.

The court heard they had been keeping the horses on the land at Briarhill Junction and using buildings on it as makeshift stables.

Following the granting of the injunction, the horses had been removed and the site secured, David Dodd BL, for Tesco, told the court on Thursday.

Dodd was now seeking to make the injunction against trespass permanent.

Counsel said while the court could take comfort from the fact that its order has been complied with, he was seeking that it be made permanent.

The Donovans had been served with the application seeking the permanent injunction but had not appeared in court, counsel said.

Judge Brian Cregan was satisfied the papers had been served on them, and he granted Tesco the injunction sought.

Previously, the court heard the Donovans claimed they have been on the site for 15 years and could claim some adverse possession (squatters rights). Tesco disputed this.

The court also heard that at a meeting with the Donovans before proceedings were brought, Tesco was told 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.

Galway City Council also notified Tesco that it had to render part of the land "other than derelict" and the site had been placed on the derelict sites register.

Dodd said the derelict sites issue had also been resolved.

Tesco wants to develop the site and part of it has been compulsorily purchased for part of the N6 Galway Ring Road project.