A priest who was claiming joint ownership of a house he shared with a former Franciscan friar in Co Donegal is entitled to a 27% share of the property.
Fr Gabriel Rosebotham had taken legal action against Hugo Crawford in a dispute over ownership of a house called Rose Cottage at Letterbarra near Donegal town, following the breakdown of their relationship.
Mr Crawford had bought the house in his name in 1994 after he had left the Franciscan order.
Father Gabriel, who is a curate in Ballina, Co Mayo was still a Franciscan at the time and could not own property due to his vow of poverty.
Donegal Circuit Court heard that the relationship broke up in December 2002 and Mr Crawford remained in the house.
Judge Keenan Johnson ruled that Rose Cottage should be held by both men as tenants in common.
He said that on the basis of oral and documentary evidence relating to each man's contributions in respect of the house, Fr Gabriel was entitled to a 27% share of the property and Mr Crawford to 73%.
Judge Johnson said he found both witnesses to be very credible and honest, and both are clearly very decent men who still have considerable regard for each other.
They have dedicated their lives to helping others, he said, Fr Gabriel as a priest and Mr Crawford as a carer.
Judge Johnson said he thought that it was unfortunate that this matter had to be aired in court and it struck him as a case that was tailor made for mediation.
He said mediation would have assisted in allowing the parties to resolve their differences in a fashion that would have enabled them to move on with their lives in the absence of the distress and hurt that the court case has undoubtedly caused each of them.
Judge Johnson said he hoped that after today the parties are able to put this matter behind them and get on with their lives.
He wished them both the best for the future.
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