Court hears three men were ‘assaulted by gang’ who demanded they move out of rented apartment
22nd December 2022
THREE DUBLIN-BASED EGYPTIAN men have claimed before the High Court that they were violently attacked by a large group of men that demanded that they move out of the apartment they reside at.
The three claim that earlier this month they were badly injured were subjected to a prolonged assault by up to 20 men, who “broke wooden chairs” on their bodies and damaged their possessions.
They claim their apartment at Tyrconnell Road, Inchicore, Dublin 8 was left looking like “a war zone” and their living situation has been “turned on its head” and is “a living nightmare.”
The sole purpose of the attack, the three men claim, is to get them to immediately vacate the property they have rented for over a year.
Arising out of the incident the three men Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud secured a temporary High Court injunction against the owner of the apartment Xia Ping He, who has denied any wrongdoing or involvement in the attack.
The plaintiffs claim that the entered into a tenancy agreement with a landlord named “Bovision”, but do not know definitively if the defendant, who owns the building, is their landlord.
Also they do not know if a purported middleman, called Tony who they claim has been blamed for arranging the attack, has being acting as the defendant’s agent or is separate and distinct from Xia Ping He.
What they are certain of is that ‘Tony’ and the defendant are known to each other, the court heard.
Justice Brian O’Moore, on an ex-parte basis, granted the three men a temporary High Court injunction restraining their landlord and any other person who has notice of the order from assaulting threatening violence, or intimidating them.
The order also prevents the landlord and any other person from trespassing at or damaging the plaintiffs’ property at the residence at Tyrconnell Road, Inchicore, Dublin 8.
The judge said that he was satisfied from the evidence put before the court to grant the injunction.
Represented by David O’Brien Bl instructed by solicitor Ali Nezem the three men claim that in October 2021 they entered into a tenancy arrangement for an apartment over a take-away restaurant at Tyrconnell Road both of which they claim are owned by the defendant.
The agreement was for one year with the option of a roll over, they claim.
On the night of 13 December last the plaintiffs said that they were left shocked when the men forcibly entered their apartment and clearly demanded that the three plaintiffs vacate the apartment.
This was their sole purpose of their visit, and it is claimed that the group threatened to come back if they did not vacate the premises.
The ordeal came as a shock to them, and they understood from their rental agreement that they were entitled to 30 days notice of the termination of that arrangement.
No such notice was given, they claim, and they fear that they may be attacked again.
The court heard that in response to their concerns they have received communications with the defendant, and his representatives. stating that Xia Ping He is “a stranger” to the incidents complained of and has distanced himself from the attack and ‘Tony’.
The plaintiffs also claim that in one communication, the defendant said that he had been in contact with “Tony” , who has been described to the plaintiffs as being a tenant of the defendant, and that the “assailants would not return.”
The plaintiffs say that it appears to them that ‘Tony’ may be acting on behalf of the defendant and that the defendant’s responses to their concerns have provided them “with little comfort.”
If they are wrong about that they want the defendant to provide them with details about Tony, including his name and address, so they can add him to their proceedings.
The matter will return before the court in early January.