I Want Damages for. TRESPASS NUISANCE ASSAULT BATTERY; PAT KENNY LAND BATTLE: DAY 2 Late Late Host Counter Claim
RTE star Pat Kenny is seeking damages for trespass, nuisance, assault and battery over his dispute with a neighbour, a court heard yesterday.
Details of Mr Kenny's counterclaim emerged on the second day of the High Court action by his neighbour Gerard Charlton to establish ownership of a strip of land, known as Gorse Hill, beside their homes in Dalkey.
Retired solicitor Gerard Charlton and his family are seeking a declaration from the High Court that they are the rightful owners of Gorse Hill, which could be worth up to EUR2million.
The Late Late Show presenter had erected a gate on the land in 2002 and Mr Charlton claims to have repeatedly asked him for the code to this gate.
He also claims that over the years Mr Kenny asked him to sell the 0.2 acre land to him.
The broadcaster denies this and yesterday the High Court heard how the Kennys had fenced off the land and used it as nature reserve.
Mr Kenny denies the land was used by the Charltons or anyone else without their express permission.
He will also accuse Mr Charlton of acting in an aggressive manner during an altercation in 2006.
Mr Kenny will ask the court to award damages for trespass, nuisance, assault and battery arising from this altercation when he claims a gate was shut on his wrist.
He will also claim damages for interference with his constitutional property rights and right to privacy.
Earlier, the High Court was told by the Charltons' lawyers that their clients own the title to the land.
But the Kennys claim they have acquired the land by adverse possession or squatters' rights.
Eoghan Fitzsimons, SC for the Charltons, read from a 1971 deed of assignment to the Charltons. Under this deed, he said the Charltons were assigned the title to their home, Maple Tree House, to Gorse Hill and to a sliver of land giving access to it.
He said when Mr Kenny bought his house, The Anchorage, in 1988, he knew there was no question of the title to Gorse Hill being assigned to him. …