A judge has directed that three siblings be arrested and brought before the High Court over their alleged failure to comply with an order to vacate their Co Roscommon home.
Ms Justice Leonie Reynolds made the order directing the arrest of Michael Anthony, David and Geraldine McGann arising out of what KBC bank claims is their ongoing refusal to leave their family home at Falsk, near Strokestown in Co Roscommon.
The judge said today that she was satisfied to make the order directing gardaí to arrest the McGanns, and bring them before the court to answer their alleged contempt.
She said the McGann's were fully aware and advised of KBC's application that could see them being jailed for being in contempt of a court order that was made some months ago.
Ms Justice Reynolds noted that last October KBC bank secured an injunction giving the family until noon on Tuesday, 12 November 2019 to leave and cease trespassing on the property.
However that order had not been obeyed.
Seeking the order, Senior Counsel for KBC Rossa Fanning said this was an unfortunate situation, but it appeared that the McGanns intended to defy and not comply with a court injunction previously granted by the High Court.
The application to have the McGanns brought before the court, he said, had been brought with "enormous reluctance", but it had been left with no other alternative.
The McGanns were not present in court, nor were they legally represented.
Lawyers who had previously acted for David and Geraldine McCann were allowed to cease representing them by the court.
Documents, purportedly from the McGanns, were given to KBC's legal team and the court by a person Mr Fanning described as being "the eyes and ears" of the McGanns when the matter had been before the court.
Counsel said it was difficult to make sense of the McGann's intentions from the documents, other than that the McGanns were claiming that civil wrongs had been committed against them.
Ms Justice Reynolds adjourned the matter to a date next month.
Last year KBC secured an injunction requiring the McGanns to vacate their home after Mr Justice Senan Allen ruled they had no entitlement to be on the property.
He also held that the bank had obtained and executed a valid possession order over the property, and that the McGanns are trespassers on the property.
KBC sought the injunction after it obtained an order allowing it to execute the possession order over the property.
The McGanns had opposed the application.
The property was the subject of a loan agreement between KBC and the farm's registered owner Michael Anthony McGann.
He fell into arrears on repayments and owed the bank some €431,000. KBC obtained a possession order in respect of the property in 2012, which was not appealed.
