House converted to flats and sold to third parties despite court injunction

Charles and Grace Schembri had obtained a court injunction over a house and garage that belonged to a couple they claim owes them €750,000.

But the Schembris were left fuming when they realised the property was converted to flats, which were then sold to third parties despite the court injunction.

This emerges from a judicial protest filed on Tuesday by the Schembris against the couple that owes them money, Imbrahim Yassine and his wife Fathiya Yassine, the Court Registrar and the Director of Public Registry.

The Schembris are holding the Yassine’s and the State entities responsible for damages incurred to the tune of €1 million.

But the Schembris are also requesting the new owners of the sold apartments – Daniel Privitera, Clayton Caruana and Sea Pebbles Properties Ltd – to rescind the transfer made in their favour in breach of the court decree.

The judicial protest states that the Schembris had filed a warrant of prohibitory injunction against the Yassines on 27 May 2022 to prevent them from transferring a house and adjacent garage at Triq Dawret Ħal Għaxaq in Għaxaq.

The warrant was provisionally upheld by the court on the same day and the decree notified to the Yassine couple immediately. On 23 June 2023, the decree was notified to the Director of Public Registry.

The injunction was upheld definitively by the court on 27 September 2022.

However, it transpired the house was converted into an apartment block and a handful of contracts of sale were concluded in March 2023.

On 27 March, a contract was concluded transferring apartment number four to Clayton Caruana and in a separate contract, the penthouse was transferred to Daniel Privitera.

On 28 March, apartments two and three were sold to Sea Pebbles Properties Ltd.

The Schembris contend that these three contracts were in clear breach of the court decree that imposed an injunction on the sale of the property, blaming the “serious failings” on the Court Registrar and the Director of Public Registry.

The Schembris said these failings have exposed them to damages close to €1 million since the only asset owned by the Yassine’s was no longer available in the eventuality that they win the civil case against the couple.

The judicial protest holds the Registrar of Courts, the Director of Public Registry and the Yassines responsible for damages. It also requests the new owners to rescind the transfer made in their favour.

The judicial protest was signed by lawyers Jose Herrera and David Camilleri.