THE HIGH Court has set aside a land and cattle quota transfer between a 72-year-old west of Ireland farmer 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 £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. On the evidence, James Keating had not received a reasonable price, the judge held.
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”. The court also held that James Keating’s signature signing over a quota to Ms Catherine Keating and her son Patrick was forged and that he did not receive independent legal advice.
The judge also awarded James Keating €26,500 damages for loss of cattle and machinery, and personal injuries. Mr Keating, a farmer from Loop Head, Co Clare, had brought an action against Ms 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 about 38 acres a few miles from the village of Kilbaha in west Clare.
James Keating claimed his water supply was 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 he 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 door and throwing a spare wheel and a battery through his window in a 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 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.
In her judgment, Ms Justice Laffoy said she was setting aside the land transfer and that James Keating would have to return the money he received, approximately €50,000.
She ordered Catherine Keating was liable to account to James Keating for €39,000 in respect of the quota. He was also awarded €12,500 for personal injuries.
The judge rejected James Keating’s claim that land transfer was procured by duress or undue influence. She said that the true position was that he had tried to persuade his late cousin and his family to buy the land.
She found that Mr Keating had wanted to sell the farm so that he could qualify for a pension under the early retirement scheme and so he could discharge his indebtedness to the ACCBank.