A JUDGE yesterday ordered that a pensioner (73) forced to sleep in his car after being made homeless by his nephew can remain at the family home for now.
At Ennis Circuit Court yesterday, Judge Donagh McDonagh said that John Mulkerrins, of Marian Avenue, Ennis, can remain at the address until the case between Mr Mulkerrins and his nephew, Paul Cleary, over the home comes to trial later this year.
Last Friday week, the judge granted an interim injunction ordering that Mr Cleary vacate the house and hand the keys over to Mr Mulkerrins.
Mr Mulkerrins – who has undergone a coronary bypass and suffers from diabetes – was forced to sleep in his car and at a local BB after Mr Cleary took possession of the property in January.
Counsel for Mr Mulkerrins, Lorcan Connolly, told the court previously that Mr Mulkerrins had lived at the home for the past 55 years. Mr Connolly said that Mr Cleary secured title to the home after accompanying Mr Mulkerrins’s father, the late John Mulkerrins Snr – then aged 96 – to a solicitor’s office in Ennis in January 2008 where Mr Mulkerrins snr signed over the house to Mr Cleary for no consideration.
Mr Connolly said: “This was done without the knowledge of Mr Cleary’s mother, Mary Cleary, and Mr Mulkerrins jnr.” Mr Mulkerrins snr died in February 2009, aged 97, and Mr Connolly said that Mr Cleary only registered title of the home in July 2009, evidence of his deliberate effort to conceal the facts.
Mr Connolly said that when Mr Cleary took possession of the home in January, Mr Mulkerrins had “health difficulties, which meant that he was unable to fight his corner in relation to the situation that had developed”.
Mr Connolly stated that Mr Mulkerrins suffered a double bereavement in 2010 with the death of his daughter and grandson in tragic circumstances.
Before moving into the home in January, Mr Cleary, originally from Ennis, but who also has an address at Shanaway East, Dunsallagh, Miltown Malbay, mortgaged the house for €216,000 and now owes €239,000, being €29,000 in arrears with Smart Mortgages Ltd, which is seeking repossession of the home.
Counsel for Smart Mortgages Ltd, Pat Whyms, said yesterday that the case against Mr Cleary for repossession of the house was listed for mention this week in the High Court and the case was adjourned to June 2nd.
Judge McDonagh said that listing of the Circuit Court case for June would be the logical thing to do and he adjourned the case until the next sittings of Ennis Circuit Civil Court.
