The High Court has set aside a land and cattle quota transfer between a Co Clare farmer (72) and his late cousin’s wife and son on the grounds that the transaction was “oppressive and unfair.”
In her judgment, Ms Justice Mary Laffoy said that the 1999 transfer between James Keating and his neighbours and relations Catherine and Patrick Keating for IR£45,000 was "improvident or an unconscionable bargain".
However, the judge rejected James Keating’s claims that the transfer was procured by duress or undue influence. The judge said James Keating had not received a reasonable price.
In relation to the transfer of the quota and cattle, the judge said it was probable that James Keating was “bullied and intimidated” by Patrick Keating. Both defendants had “taken unfair advantage of him”, she said.
The court also found that the James Keating’s signature signing over a quota to Mrs Catherine Keating and her son Patrick was forged and that he did not receive independent legal advice.
The judge awarded James Keating £26,500 damages for loss of cattle and machinery and personal injuries. Mr Keating (72), a farmer from Loop Head, Co Clare, had brought an action against Mrs Keating and her son Patrick (32) aimed at having a land transfer dated July 1999 set aside.
That deal allowed James Keating retain the lifetime use of the home on the lands, but he was to retire from farming.
The defendants live two fields away from James Keating’s residence. He had farmed approximately 38 acres in the townlands of Ross and Feeard a few miles from the village of Kilbaha in West Co Clare.
James Keating claimed that that transfer of land was procured by duress or undue influence, or in the alternative that it was an improvident transaction or an unconscionable bargain.
He also claimed that he never entered into a purported transfer of his suckler cow quota and that his signature on the transfer document was forged.
It is also claimed that the defendants removed and took for their own use 47 cattle and only paid IR£3,500, and removed and disposed of machinery from his property.
He further claimed that from the mid nineties, after his brother died, he was assaulted by both the late Mr Patrick Keating and then by his son Patrick with the aim of making him sell the land.
The transfer occurred in early 1999 when James Keating claimed his health was poor.
He claimed that prior to meeting a solicitor, Michael F. Nolan in Kilrush, Co Clare in March 1999 he was bullied and intimidated into going ahead with the transfer by Patrick Keating Jnr.
He further claimed that his water supply were cut off by the defendants. He sought damages for personal injury and post traumatic stress.
He also claimed that in 2001 Patrick Jnr threw an object through his window, and was so afraid that he slept in an outhouse.
The defendants denied all claims against them and argued that the land transfer was for full value. They claimed that James Keating had “plagued” the late Patrick Keating Snr and his family to buy the land.
The defendants also claimed that the water was disconnected by mistake and had been repaired.
During the proceedings, Patrick Keating admitted kicking in James Keating’s and throwing a spare wheel and a battery through his window in a fit of temper after he had been served with a summons in relation to the transfer of land.
He expressed regret for the incident and was given the probation Act following a sitting of Kilrush District Court in 2002. The court heard that Patrick Keating eventually sold the stock and returned to live in the US because of all the hassle he claimed he was getting from James Keating.
Catherine Keating, the court heard, now farms the land with the aid of neighbours.