A man has been ordered to perform a contract for the €460,000 sale of lands in Co Dublin where he lives in a house with his partner and father.
The Court of Appeal on Wednesday upheld a High Court order directing specific performance of the 2014 contract executed by Gavin Crowley concerning lands at Newbarn, Kilsallaghan.
In circumstances including that Mr Crowley has a debt of some €1 million to Start Mortgages, the High Court had not erred in refusing to award damages in lieu of specific performance, it held. On the application of David Allen BL, for Brian Leggett, purchaser of the lands, it lifted a stay imposed by the High Court, pending appeal, on the specific performance order.
Giving the Court of Appeal judgment, Ms Justice Caroline Costello said Mr Crowley, a builder, bought the lands in 2002 and constructed a house there. He later provided the property as security for loan facilities advanced to him by Bank of Scotland(Ireland) in 2006 and 2008. After he experienced financial difficulties and defaulted on his loan obligations, the bank demanded repayment of almost €1 million.
In late 2012, after the bank sought possession, Mr Crowley’s solicitors advised the property was for sale. Mr Leggett, who was anxious to buy a home for his family, viewed the property twice and a purchase price of €460,000 was agreed.
A contract for sale was executed about February 24th/25th 2014 with a closing date of March 4th, 2014. After Mr Crowley failed to complete that sale, Mr Leggett issued proceedings for specific performance.
In opposing those, Mr Crowley alleged the contract was illegal and unenforceable because he and Mr Leggett had allegedly agreed on a €65,000 “under the table” cash payment along with the purchase price, thereby under-declaring the stamp duty payable. He also alleged there was a boundary dispute and his house was partly constructed on lands of an adjoining owner in respect of which there were outstanding proceedings.
He further alleged he and his father would suffer hardship for reasons including his father would get no compensation for sums advanced to help Mr Crowley buy the lands in 2002.
The High Court’s Mr Justice Tony O’Connor rejected the claim of an under the counter payment rendering the contract illegal and unenforceable, a finding which was not appealed. He also dismissed the other grounds of defence.
Ms Justice Costello noted trespass proceedings by an adjoining landowner against Mr Crowley were adjourned generally in July 2006 with no further steps taken although a notice of intention to proceed was served in 2012. Mr Crowley had previously specifically confirmed there was no litigation pending or threatened concerning the property and no boundary dispute regarding it, she said.
The High Court accepted Mr Leggett’s evidence he only became aware in 2017 of a possible boundary dispute. It concluded there was no evidence of a continuing dispute in relation to the boundary or alleged trespass and Mr Leggett was aware of the risk in that regard. Ms Justice Costello said a purchaser can elect to take whatever title the vendor has to give. Hardship was never pleaded in advance of the trial and no case was made Mr Crowley and his partner and father will have nowhere else to live, she said.
The High Court had not erred in refusing to order specific performance on the basis of Mr Crowley’s claim he had to sell his family home by reason of his indebtedness and this amounted to hardship.
The High Court finding Mr Crowley had entered the contract willingly was binding on the Court of Appeal, she added.
Mr Crowley was registered as sole owner of the folio and no case was made out of hardship in respect of the father, she held. Mr Crowley had entered into a “binding and enforceable” contract for sale and the purchaser was “entitled to what he bargained for”.
Ole Gunnar Solskjaer has confirmed that Manchester United are interested in signing his fellow Norwegian Erling Braut Haaland.
The Red Bull Salzburg forward, 19, has been in prolific goalscoring form this season, scoring 24 goals in 20 games in all competitions including eight in the Champions League.
That has led to him being linked with several clubs across Europe, but United are always said to have had an advantage due to Solskjaer’s knowledge of the teenager from their time together at Molde.
Haaland has also been linked with a move to Borussia Dortmund as well as staying within the Red Bull framework at RB Leipzig, but Solskjaer appeared hopeful of signing the teenager when he spoke after United’s 3-0 win over Colchester United in the Carabao Cup on Wednesday.
“Erling has had a good development, so he has to develop further wherever he decides.
“I don’t need to talk so much about him, but we as a team always look for players who can complement the others we have, and then we see what we end up with.”
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Solskjaer has previously stated that he believes Haaland has already made his mind up about where his future will lie, and says that the crucial thing is that the forward goes to the club that is best for him.
“It’s the most important thing with all the players, after all, wherever they go, that they thrive where you are.” he said.
United will face Manchester City in the two-legged semi-finals of the Carabao Cup in the New Year, with Aston Villa taking on Leicester in the other last four tie.
A man died Monday night in Cudahy after apparently starting a fire in an enclosed dumpster area in an attempt to keep warm, authorities said.
Firefighters responded to a report of a fire behind a store in the 4500 block of Santa Ana Street about 10:30 p.m. and found two dumpsters burning. They put out the flames and discovered the man’s body.
Preliminary investigation indicates that the man climbed into a walled-in and gated enclosure where dumpsters are stored and set a fire beside them to heat himself, Los Angeles County Sheriff’s Lt. Derrick Alfred said. He then caught fire, suffering significant burns and probable smoke inhalation, Alfred said.
The man is believed to have been homeless. His name was not immediately released.
A 33-year-old Nebraska man on death row for killing four people within 10 days in 2013 has at least one friend still in his corner: a 46-year-old Texas woman who reportedly has confirmed that she and the killer plan to marry.
But Dawn Arguello of Lubbock isn’t happy that Nikko Jenkins – who authorities say committed the murders within three weeks of being released from prison on a robbery and assault conviction – recently had her name tattooed on his face.
CALIFORNIA SHOOTOUT, STANDOFF WITH COPS RESULTS IN DEATHS OF WOMAN, 2 CHILDREN
“I was very (ticked) off that he did that,” Arguello told the Omaha World-Herald. “He doesn’t need to be self-mutilating like that.”
Arguello added she isn’t happy about the way her husband-to-be has been portrayed in the local press.
“If you believe the media,” she said, “he’s the most hated man in Nebraska besides Charles Starkweather.”
Nikko Jenkins has been linked to four murders committed within 10 days in 2013, authorities say.
The reference was to the 1950s serial killer of 11 people whose story inspired several movies, including “Badlands” in 1973 and “Natural Born Killers” in 1994. After his conviction in one of the murders, Starkweather was executed in Nebraska in 1959 at age 20.
Jenkins is not like Starkweather at all, she said.
“He’s not what the media has made him out to be,” she told the World-Herald. “He’s an enigma. He has feelings. He’s very sensitive.
“He’s not what the media has made him out to be. He’s an enigma. He has feelings. He’s very sensitive.”
— Dawn Arguello, fiancee of death-row inmate
“He’s very intelligent,” she added, “and, yes, he’s very manipulating.”
According to authorities, Jenkins received help from family members in executing the four murders to which he’s been linked. They say he convinced his sister and a female cousin to lure two men with a promise of sex acts in an Omaha park, then Jenkins himself appeared and suddenly blasted the two men in their heads with a shotgun.
A few days later, Jenkins, his sister and another man went to a neighborhood in Omaha, supposedly to commit a robbery. Instead, Jenkins killed the man, authorities said.
Then a few days after that, Jenkins pulled a mother of three out of her SUV and killed her, according to authorities.
Jenkins’ death sentence, issued in 2017, was Nebraska’s first since the state’s voters reinstated capital punishment in a November 2016 vote.
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In 2014, however, the Nebraska Legislature ordered a special investigation into Jenkins’ case because some critics noted that, while in prison prior to the murders, Jenkins had spent more than half of his sentence in solitary confinement. The critics claimed the isolation may have had an effect on his mental health, possibly resulting in the killing spree so soon after he was released.
Arguello met Jenkins while doing volunteer work for a nonprofit organization that advocates for death-row inmates and their families. She also has a criminal record of her own, with convictions for misdemeanor domestic violence, felony child abuse and felony credit card abuse, the World-Herald reported.
PRAGUE (AP) — Six people were killed in a shooting in a hospital in the eastern Czech Republic Tuesday, the prime minister said. Police said the suspect is at large and described him as armed and dangerous.
Prime Minister Andrej Babis told Czech public television the shooting took place around 7 a.m. in a waiting room. The attacker opened fire at people’s heads from close range, Babis said.
He said he was heading for the site, at the University hospital in the eastern city of Ostrava, 350 kilometers (220 miles) east of Prague.
Police said the man left in a silver-grey Renault Laguna car and called on the public not to try to stop him.
Police published a photo of the suspect, having withdrawn an earlier photo of a different man. They said that man was now considered to be a witness.
Video footage and pictures published by public radio showed police arresting a person at the site but that person did not appear to be the shooting suspect.
Officials say people have been evacuated from the clinic. Police are boosting security across the country.
Harry Maguire has the top four in his sights after Manchester United’s thrilling derby triumph at Manchester City .
A week that started with scrutiny and mounting pressure on Ole Gunnar Solskjaer in the wake of an alarming home draw with promoted Aston Villa ended with a second memorable victory in a matter of days.
Fresh from deservedly seeing off Jose Mourinho’s Tottenham 2-1 on Wednesday evening, Man Utd won by the same scoreline across town at the Etihad Stadium thanks to a roaring start and impressive game plan.
Few connected to City could have complained had Solskjaer’s side added to goals from Marcus Rashford and Anthony Martial in a fine first half that laid the foundation for a victory that secured more than just bragging rights.
The 2-1 win in the 179th Manchester derby moved United up to fifth and within five points of the Champions League spots after fourth-placed Chelsea fell to a surprise loss at embattled Everton.
“I think you need to look after your own results, don’t look elsewhere, keep winning games,” Maguire, the world’s most expensive defender, said.
“We’ve won back-to-back games against Spurs and City. We’ve got another big game next week now.
“The top four is in sight but we just keep looking after our own results, keep trying to get the three points and keep improving.”
United return to action on Thursday as they close their Europa League group campaign at home to AZ Alkmaar, when Solskjaer will want to keep his in-form attackers fresh ahead of next weekend’s league clash with Everton.
The Reds had been hampered by their lack of cutting edge during the early months of the season, but the front three of Rashford, Martial and fleet-footed Daniel James showed they can scare any side on Saturday.
“Over the last month or so, I feel like as a defender I look at the forwards and think they’re going to score goals,” Maguire told MUTV.
“At the start of the season we didn’t really score more than one goal in a game but now I think it’s a few games on the spin where we’re back to scoring goals.
“They’re a big threat, they’re top players, great talent and I think it’s all coming together now.
“But, no, we’re not getting carried away.
“It’s a big three points, it’s a special win, one for the fans, I’m really happy for them.
“We just keep moving up that table and keep chipping away.”
United are unbeaten in five Premier League matches and secured their first back-to-back league wins since things spectacularly unravelled in March.
There is a growing confidence within Solskjaer’s squad and Maguire is targeting more improvements after captaining the side to victory in the blue half of Manchester.
“Proud,” the England international said. “Really proud to the lead the boys out at the Etihad and to get the three points. It was an important game for us.
“We feel like this year we haven’t got results in some games where we feel we deserved the three points.
“I think the last two games, I don’t think no-one can question that we’ve deserved both victories.
“Great start from the lads. The front four in the first half was frightening and when they’re on their game like that, they can cause any defence problems.
“The disappointing thing probably at half-time was that it was only 2-0!
“We knew they were going to come strong, they were going to throw everything at us.
“I think we held out really well. I don’t think they created too much in the second half.
“We knew we were going to have a lot of bouncing passes and David made a good a save late on and to concede from a set play is really disappointing. Something that we’ve got to tighten up on.
“Like I said, to come to the Etihad and them not to score from open play but to concede from a set play as a defender, and I am sure for David as well, it’s disappointing.
“The victory is for the fans. They deserve it this season.”
Solskjaer was proud of United’s performance at the Etihad Stadium, where they displayed the “quick, attacking football” he always knew his side were capable of in the right shape.
The Norwegian also praised their “great character and attitude” on an afternoon when missiles were aimed at Fred, who produced his best performance in a red shirt.
The Brazil midfielder was also subjected to alleged racist abuse along with Jesse Lingard, who again showed he is getting back to his best at the end of a tough year.”
He’s Man United through and through,” Solskjaer said of Lingard. “He’s a red, he’s got a great attitude and a great workrate.
“Every one of us have things to deal with on and off the pitch and what he has had to deal with, that will be between us. It’s great to see him back.”
Put to Solskjaer that fans do not see off-field issues, he said: “Exactly. That’s the privilege some people think they have.
“You can criticise anyone about anything but, for me as a manager, I have to look after these boys in the good and the bad times.
“It’s great to work with him. I had him in the reserves, I gave him his debut in the reserves against Burnley. It’s good to see him back to his old self.”
A young motorist has died after being involved in a single-car collision on Friday night in Vaudreuil-Dorion, just west of Montreal.
The accident occurred at about 7 p.m. on Route Harwood when, for an unknown reason, the driver lost control of his vehicle and struck a Highway 30 overpass. The 19-year-old man was seriously injured and was in critical condition when he was transported to a local hospital, where he later died.
The man, whose identity was not disclosed, lived in Hudson.
Judgement has been reserved in the case of a 42-year-old Cork man appealing his conviction for the murder of his girlfriend six years ago.
He had stabbed her in the neck before setting fire to her home.
Darren Murphy of Dan Desmond Villas, Passage West, Co Cork had denied the murder but admitted the manslaughter of Olivia Dunlea at her home at Pembroke Crescent, Pembroke Woods, Passage West, on February 17th, 2013.
A jury at the Central Criminal Court sitting at the Anglesea Street courthouse in Cork in June 2018 found Murphy guilty and Mr Justice Patrick McCarthy imposed the mandatory life sentence.
At the Court of Appeal sitting in Cork on Thursday, Murphy’s counsel Tim O’Leary SC argued the murder conviction was based on prejudicial evidence called by the prosecution at trial which should not have been put before the jury.
However, counsel for the DPP, Tom Creed SC argued that the prosecution had been given permission by the trial judge to call the evidence which, he said, was properly put before the jury.
The President of the Court of Appeal, Mr Justice George Bermingham and his fellow judges, Mr Justice John Edwards and Ms Justice Aileen Donnelly, said that they would reserve their judgement in the matter.
A playschool teacher, Mr Dunlea was the mother of three young children. Her mother, Ann and her sisters, Amanda and Anne, were present in court on Thursday.
During the last trial, Ann Dunlea said in her victim impact statement it was “gut wrenching and heartbreaking” to watch her grandchildren struggle without the presence of their mother’s love and touch.
Act of evil
“How do you console a crying child pining for their mother? How do you tell three children that their mother was murdered and their family home set on fire by a deliberate act of evil?”
She said Murphy, by setting her daughter’s house on fire after stabbing her and then failing to call to the fire services, had denied the family the right to see her body and to say their final goodbyes.
The June 2018 trial was the third time that Murphy had gone on trial for the murder. His first conviction was overturned on appeal and a retrial ended in a hung jury before he was convicted for the second time last year.
During the last trial, the court how Murphy told interviewing gardaí that he and Ms Dunlea had a row on the way home from the pub about a man that he believed was an ex-boyfriend.
He said Ms Dunlea told him to get out of her house because she was waiting for this man to arrive at the house. He had lost it and began attacking her.
“I stuck her head into the pillow and tried to smother her. She was trying to lift her head out of the pillow… for three to four minutes I suppose,” Murphy told gardaí.
“I could not understand what she was saying. I had my hands on either side of her head and pushed her down. I was kneeling over her. I didn’t say a word. I wasn’t thinking. It happened so fast. I couldn’t believe I was doing it.
“I twisted her head around head around towards me. She said, ‘What about my kids?’ So I grabbed the knife and stuck it into her. I didn’t open my mouth once I got on her, kneeling over her.
“I stuck it into the back of her neck… twice I think. It all happened so fast. I don’t know what I was thinking,” said Murphy adding he knew she was dead when he stabbed her in the neck and there was no sound from her after that.
While Murphy did not get into the witness box in any of his three trials, he did express remorse of his actions in his last Garda interview which was read out to the jury which convicted him.
“I just want to say sorry. I didn’t mean to kill her. It all just happened so fast. I didn’t want to upset any of the family or the kids. I would do anything to take it back but I can’t.”