An attempt by two sisters in their 80s to overturn their eviction from their home will be made again in the Supreme Court on Friday.
Last week Ms Rose Blackall (81) and her sister Eileen (87) were served with an eviction order regarding a property at Marino Park, Blackrock, Co Dublin, and on Monday the Sheriff arrived to enforce it.
Both sisters spent Monday night with a cousin.
Yesterday Ms Rose Blackall sat in the rear of the Supreme Court during the three-minute hearing of an application aimed at overturning the eviction, made on behalf of herself and her sister Eileen by Mr John Clerkin, a planning agent, who said he knew them personally.
Mr Clerkin told the court that the two sisters had made an application to the High Court in early September. They had not been able to hear what was being said and the ruling went against them.
Mr Clerkin added that they had found difficulty in getting legal representation.
They were now seeking a stay on the High Court decision and were asking if the matter could be listed for a week from now to allow them to secure legal representation and finalise legal arguments.
The sisters' eviction followed a seven-year court battle over two wills made by the sisters' mother regarding the house. In the second will, made in 1976, it was stated the house should be sold and the proceeds split between the family members. A third sister, Irene, and a brother, Gerard, have died since and Irene's share was left to Rose and Gerard's to his widow, Iris.
Last year the High Court ruled the property should be sold to developer John McDonald for £400,000.
At the Supreme Court yesterday Mr Justice Murphy, who was one of three judges on the bench, said the courts had been familiar with most of the proceedings over the past four to five years.
He asked if the case related to a house at Marino Terrace and if so had not the proceedings been litigated to exhaustion with considerable injustice to parties other than the Ms Blackalls - a sister-in-law and their late brother?
Mr Justice Murphy said that at least twice the court had said the matter was not suitable to bring to the Supreme Court and they would not like to have to say it again. He asked if the matter before the court now was to deal with an appeal from the High Court which itself was an appeal from the Circuit Court.
Mr Clerkin said the present proceedings were quite distinct and included new facts.
The court decided to put the proceedings in for mention in the court list for Friday.