Frank Stewart v Fold Housing Association
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 08 July 2005 |
| Neutral Citation | [2005] NIQB 57 |
| Date | 08 July 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2005 |
1
Neutral Citation No. [2005] NIQB 57 Ref:
KERF5332
Judgment: approved by the Court for handing down Delivered:
8/7/05
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
ON APPEAL FROM THE COUNTY COURT DIVISION OF FERMANAGH
AND SOUTH TYRONE
________
BETWEEN:
FRANK STEWART
Plaintiff/Respondent;
and
FOLD HOUSING ASSOCIATION
Defendant/Appellant.
________
KERR LCJ
Introduction
[1] This is an appeal from a decision of Deputy Judge Canavan, sitting in the
County Court Division of Fermanagh and South Tyrone, whereby he made a
decree in favour of the plaintiff for £10000 and costs. The damages awarded
were in respect of the loss of conacre letting of lands belonging to the plaintiff
at Tattykeel, Omagh, County Tyrone.
Factual background
[2] The plaintiff has been the owner of lands at Tattykeel since 1968 or 1969.
The lands comprise seven fields of approximately 65 acres in total. From
about 1969 a family called McDonagh, who are part of the travelling
community, were accustomed to encamp on the roadside near the plaintiff’s
lands. The plaintiff’s fences were often damaged and horses belonging to the
McDonaghs gained access to his fields where they grazed.
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