Presho -v- Doohan & Anor Presho -v- Doohan & Anor [2009] IEHC 619 (17 July 2009)

Presho -v- Doohan & Anor Presho -v- Doohan & Anor [2009] IEHC 619 (17 July 2009)

On circumstantial evidence and application of res ipsa loquitur, the court finds the defendants liable for trespass and interference with the plaintiff's property. The agreement of 4th October 2001 is declared null and void due to plaintiff's mental incapacity. Plaintiff retains easement rights to septic tank. Damages awarded for trespass and interference; restoration relief denied, but plaintiff entitled to provision of comparable dwelling or open market value.

Citation
[2009] IEHC 619
Parties
Plaintiff: Neville Presho; Defendant: Patrick Doohan; Defendant: Óstán Thoraigh Comhlacht Teoranta
Jurisdiction
Ireland
Judgment Date
17 July 2009
Procedural Posture
Civil / Final Judgment After Preliminary Issue and Damages Hearing
Outcome
Plaintiff's claim for trespass and interference upheld; agreement of 4th October 2001 declared null and void; restoration relief denied; damages awarded; plaintiff retains easement rights.
Legal Topics
Trespass, Statute of Limitations, Res Ipsa Loquitur, Easement, Damages, Unjust Enrichment
Property Law Tort Law Equity Trespass Statute of Limitations Res Ipsa Loquitur Easement Damages +1 more

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Parties

Neville Presho

Plaintiff

Patrick Doohan

Defendant

Óstán Thoraigh Comhlacht Teoranta

Defendant

Procedural Posture

Civil / Final Judgment After Preliminary Issue and Damages Hearing

Legal Issues

  1. 1 Whether defendants are liable for trespass and interference with plaintiff's property
  2. 2 Whether the Statute of Limitations applies given plaintiff's mental incapacity
  3. 3 Whether the agreement of 4th October 2001 is valid

Ratio Decidendi

On circumstantial evidence and application of res ipsa loquitur, the court finds the defendants liable for trespass and interference with the plaintiff's property. The agreement of 4th October 2001 is declared null and void due to plaintiff's mental incapacity. Plaintiff retains easement rights to septic tank. Damages awarded for trespass and interference; restoration relief denied, but plaintiff entitled to provision of comparable dwelling or open market value.

Court Disposition

Plaintiff's claim for trespass and interference upheld; agreement of 4th October 2001 declared null and void; restoration relief denied; damages awarded; plaintiff retains easement rights.

Orders

  • Agreement of 4th October 2001 declared null and void.
  • Damages awarded for trespass and interference.