Nora Kelly
A WOMAN sued by her own mother and two brothers over lands in Co Donegal has won the right to keep it.
Part-time farmer and nurse Nora Kelly had been left lands outside Letterkenny by her late uncle when he died in 2007.
After six days of evidence, a judge today delivered a much-anticipated verdict in the case, ruling in favour of Mrs Kelly.
Mrs Kelly’s mother Nora Gildea (89) had claimed possession of two fields and a cottage at Correnagh, 5kms from Letterkenny, claiming she was entitled to it as she was a joint tenant of the land with her brother William John Kennedy.
Mr Kennedy however left the land in his will to his niece – and Mrs Gildea’s daughter – Nora Kelly when he died in 2007. Mrs Kelly had cared for Mr Kennedy for more than a decade before his death.
The land has since been registered in her name.
Two of Mrs Kelly’s brothers – Christopher and Daniel – also sued for parts of the property.
Christopher wanted all the land left to his sister whilst Daniel sought possession of a shed.
Dealing with Christopher Gildea’s claim to two of the folios of land Judge Mary Faherty said she was satisfied that he had never worked the land or had adverse possession of it for a period of 12 years or more.
Judge Faherty said Christopher Gildea’s claims to the land “border on audacious.”
The judge then dealt with a third piece of land claimed by Christopher Gildea and his mother Nora Gildea in which they claimed to be joint tenants of the land from 1973.
Judge Faherty dismissed Nora Gildea’s claim and Christopher Gildea’s claim, saying they had not provided evidence of this.
Turning to Dan Gildea’s claim to ownership of a shed, Judge Faherty said she was again satisfied that the shed was used by Mr Kennedy before his death and by Mrs Kelly.
She said Dan Gildea never had sole use of the shed, which was a requirement of adverse possession.
At earlier hearings the court had heard claims of intimidation by both sides of the family, including an incident in April last year when Mrs Kelly and her daughter Fiona had a confrontation in a field with Christopher Gildea and his brother in law James McMonagle. Each side claimed they were assaulted.
In final submissions counsel Peter Nolan, for Mrs Kelly, said the only legitimate owner of the lands were his client.
He said it was ‘the height of sexism’ that the Gildeas were seeking Mrs Kelly’s farm but not a piece of property left in the same will to her brother Jack Gildea.
Mr Nolan likened the case to the novel ‘The Field’ saying that if author John B Keane were alive ‘he’d be here in Donegal writing about this.’
Counsel for the Gildeas insisted they had adverse possession of the lands because they had worked as part of a family enterprise and that William John Kennedy had no right to leave the lands to anyone in his will.
Lost the case: 89 yr old Nora Gildea at Letterkenny courthouse today
Judge Mary Faherty took one hour to dismiss the case.
In court barrister Peter Nolan for Mrs Kelly applied for all costs in the case.
He told Judge Faherty that the Kellys lives had been “nothing short of hell.”
He said there was no legal justification for the claims of the Gildeas.
Mr Nolan said there was “a mythology in Co Donegal” that each party should bear their own costs, but he said the costs must be awarded against the Gildeas.
Sean MacAodha, barrister for Christopher and Daniel Gildea, said the family had been “torn apart” and an award of costs would counter any dim hopes of a reconciliation.
Marshall McCloughan, solicitor for Mrs Nora Gildea, said the normal custom “in a genuine case” is that costs would not be awarded in such a case.
Dan Gildea: Lost his case
He said this was tradition and custom “in Donegal for many years.”
Mr Nolan countered this was “a complete myth.”
He went on: “The Gildeas had no case and it is obvious as the day is long there was no case.
“There is no tradition in Donegal that costs should not follow the event.”
Mr Nolan also asked for injunctions banning interference by the Gildeas on the lands of his client to be made permanent.
He asked for an order to be made clear in particular against Mrs Gildea entering any of the lands owned by Mrs Kelly.
Judge Faherty extended and granted the injunctions against Mrs Gildea, her sons and their families and ordered the removal of dogs, “rubbish” and cars from Mrs Kelly’s lands left there by the Gildeas.
She said Mrs Kelly and Mrs Gildea should pay their own costs.
However he ordered Christopher and Dan Gildea to pay half of Mrs Kelly’s costs.