Tesco is applying to the High Court for an injunction requiring a couple to remove horses from an eight-acre parcel of land it owns in Galway, reports Breaking News.
Martin and Kathleen Donovan, who reside in a caravan at a halting site in Túr Uisce, Doughiska, Galway, have been keeping horses on the land and using some of the property’s buildings as makeshift stables, the court was told.
During a meeting last month with Tesco Ireland Ltd, the Donovans said they would remove the horses if they were “financially compensated” to help them buy or lease another location to house the animals. Tesco declined, reports Breaking News.
The couple also argued that they have occupied the land for 15 years and therefore might be entitled to a claim of adverse possession (commonly known as squatters’ rights). Tesco rejects this argument and maintains the claim is without merit.
Tesco has also been warned by Galway City Council that it must improve the condition of the land, which has been added to the derelict sites register. Failure to act could result in financial penalties and a possible compulsory purchase order, reports Breaking News.
Tesco’s contractors have not been able to access the property to carry out necessary work due to concerns about safety.
The court also heard that the Department of Agriculture had issued a directive for the horses to be removed. While the horses were briefly taken away, inspectors later found that they had been returned to the site, reports Breaking News.
Tesco has installed paladin fencing around the property’s perimeter, but the locks on the gates have been removed and replaced with new ones—though not by Tesco.
The retailer has future development plans for the land, and a portion of the site has already been subject to compulsory purchase for the N6 Galway Ring Road project, reports Breaking News.
Mr Justice Brian Cregan, hearing an application from Tesco without the defendants present, allowed the legal documents to be served at short notice.
He also ordered that a “plain English” explanation be included with the service notice and that the Donovans be notified by phone and email—contacts already held by Tesco—that the case will return to court next week, reports Breaking News.
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