Keenan (Brian) v Damian Curran

JurisdictionNorthern Ireland
JudgeHer Honour Judge McReynolds
Judgment Date2014
Neutral Citation[2014] NICty 7
CourtCounty Court (Northern Ireland)
Year2014
Date19 December 2014
Neutral Citation No. [2014] NICty 7
Ref:
Judgment: approved by the Court for handing down
Delivered:
19/12/2014
(subject to editorial corrections)*
IN THE COUNTY COURT FOR THE DIVISION OF FERMANAGH & TYRONE
Between
BRIAN KEENAN
Plaintiff
-and-
DAMIAN CURRAN
Defendant
Her Honour Judge McReynolds
BACKGROUND
[1] By Civil Bill dated 5 July 2012 the Plaintiff sought an Injunction and damages in
respect of an alleged blockage by the Defendant of what the Plaintiff claims is his
Right of Way over land in the ownership and occupation of the Defendant. I heard
oral evidence in respect of this Civil Bill at Dungannon on 8 October 2014 and have
received affidavits and perused documents and photographs. I am obliged to
Counsel for their skeleton arguments.
[2] The Plaintiff is the owner of 3 parcels of land comprising in total 23 acres in Folio
TY65049 County Tyrone. The land is situated near to the Fingrean Road,
Loughmacrory, Co Tyrone. These parcels have been referred to as Fields C, B (1&2)
and A. Field C is closest to the Fingrean Road , Field A is farthest from the road. The

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