A former Fianna Fáil senator, Mr Dan Kiely, and his brother, Timothy, are in a legal dispute over lands and buildings in Ballybunion, Co Kerry, the High Court was told yesterday.
The court heard the brothers had had serious disagreements in the mid-1970s, and it had not been possible for them to work together successfully since.
Mr Dan Kiely, Doonard, Tarbert, has brought proceedings against Mr Timothy Kiely claiming specific performance of an agreement between them providing for the transfer of lands and buildings in Ballybunion, it was stated in an affidavit by Mr Timothy Kiely's solicitor, Mr Maurice O'Sullivan.
As an alternative to the decree of specific performance, Mr Dan Kiely is seeking declaratory and injunctive relief and claims a beneficial interest in the licensed premises known as the Hibernian Bar, Mr O'Sullivan said.
Yesterday Mr Justice Butler gave leave to Mr Timothy Kiely to serve notice on Mr Dan Kiely, returnable to Monday, of Timothy's intention to seek an order dismissing Dan's action. It is claimed there is no reasonable cause of action and the proceedings should be dismissed as having neither reasonable cause nor reasonable possibility of success.
In his affidavit, Mr O'Sullivan said Timothy was owner of the fee-simple interest in the Hibernian Bar and a piece of ground some distance away.
By a contract of September 3rd last, he had agreed to sell the Hibernian Bar for €400,000. The closing date was to be 28 days from the date of the contract.
Mr O'Sullivan said the premises were closed at present and not trading, but the Revenue Commissioners were willing to issue a liquor licence on condition that the sum of €150,000 be paid to them to discharge existing revenue liabilities. Mr O'Sullivan said he had been instructed by Timothy to pay that sum out of the proceedings of sale. The renewal of the licence was entirely dependent on the sale going through successfully.
Dan's proceedings were issued on October 13th last. If the present proposed sale collapsed because of the intervention of Dan Kiely, any likely purchasers would be deterred for fear of antagonising him, Mr O'Sullivan said.
Mr O'Sullivan said Timothy had emigrated to the US in the late 1950s and in 1962 had brought Dan with him. They had remitted sizeable amounts of money to Ireland and purchased property here. The parties had had serious disagreements in the mid-1970s, and it was not possible afterwards for them to work together successfully. They had agreed on a division of the properties.