Court case filed by Prime Minister halts Gaffarena damages claim

A court has postponed the hearing of a claim for damages filed by Mark and Josielle Gaffarena against the Commissioner of Lands because the outcome of another case filed by the authorities against the Gaffarenas could have an impact on any ruling delivered in that case.

The Gaffarenas had informed the court that they had acquired a number of properties, including a dilapidated building in Baħar iċ-Ċagħaq by means of a deed of exchange which was entered into with the Commissioner in 2015. Although the property was described as being uninhabited in the deed, it turned out to be occupied by third parties.

This led the Gaffarenas to claim a breach of their right to enjoyment of their property and call upon the court to order the Commissioner of Lands to pay damages.

The Commissioner, in his reply, had argued that the court should order a stay of proceedings in this case until a final decision is issued in the case filed by the Prime Minister against Gaffarena, in which he requested the court to declare null the deed through which the Gaffarenas had acquired several properties - including the Baħar iċ-Ċagħaq dwelling in question.

If decided in favour of the Prime Minister and Commissioner of Lands, ownership of the property in question would revert to the government and make the payment of damages unnecessary. The Gaffarenas would have no legal rights to the properties, nor would they have an action for damages.

Judge Silvio Meli pointed out that the staying of an action was a remedy which applied in the circumstances and upheld the request until a final judgement is made in the case filed by the Prime Minister and the Commissioner of Lands.