A row over the the multimillion euro buyout deal for Tolka Park has come before the Commercial Court. Businessman Ivano Cafolla has sued accountant Ossie Kilkenny and others over the sale of the lands at Tolka Park last year, alleging "unlawful misappropriation" of a valuable leasehold interest in the lands.

Mr Cafolla, the Sweepstakes, Ballsbridge, Dublin, has sued Mr Kilkenny, Killiney Hill Road, Killiney, Dublin; Jerry O'Reilly, Elgin Road, Ballsbridge, Dublin; Lyttleton Enterprises with offices at Ballygoran Court, Celbridge, Co Kildare, and Coneforth Trading Ltd, Windsor Place, Dublin.

Mr Justice Peter Kelly yesterday admitted the case to the list of the Commercial Court, a division of the High Court.

Mr Cafolla, a director and shareholder of Coneforth, is seeking a declaration that Lyttleton holds the property in trust for Coneforth, and also wants an injunction restraining Lyttleton from dealing with an interest in the land, known as the Donnelly interest.

It is claimed that Coneforth reached an agreement in March 2003 with Oliver Byrne, then owner of Shelbourne Football Club, and Accolade Ltd in relation to lands occupied at Tolka Park, Richmond Road, Dublin.

Accolade held a lease of the 3.7 acre site from Donnelly Fruit and Veg Ltd which in turn held a 99- year sporting lease of the land from Dublin County Council.

In May 2004, Coneforth agreed to provide an additional €150,000 to Accolade and the precondition relating to planning permission was deemed satisfied, it is claimed.

Mr Cafolla claims he was responsible for managing the acquisition of the lands and planning the project on a day-to-day basis on behalf of Coneforth.

Mr Cafolla claims that, in March 2006, it was decided by Mr Kilkenny, Mr O'Reilly and Mr Cafolla as shareholders of Coneforth that the Donnelly interest would be acquired directly by Coneforth for €2.5 million.

At this time, Mr Kilkenny did not wish the acquisition of the Tolka Park lands through Coneforth to become public knowledge, it is claimed.

Lyttleton was introduced by Mr Kilkenny and Mr O'Reilly to acquire the Donnelly interest and the transaction was completed in October 2006, Mr Cafolla claims.

From May 2006, Mr Kilkenny and Mr O'Reilly have sought to exclude Mr Cafolla and Coneforth from dealing in relation to the Tolka Park deal, it is claimed.

They had made various statements indicating they were going to "freeze" him out of the land development project and had, from December last, denied that Coneforth has any beneficial or legal interest in the Donnelly interest and claimed it was owned outright by Lyttleton.

The case resumes on May 21st.