Court rules plaintiff has no legal claim to money owed for equipment

The Civil Court turned upheld a defendant's argument that the plaintiff had no legal claim over money owed for catering equipment which the defendant had sold on behalf of a company known as Pekara Ltd.

The court heard how claimant Ann Marie Grima was in possession of catering equipment, which was not being used. She approached a certain Nazzareno Xerri, to sell the machinery on her behalf. Xerri was a second-hand seller of catering equipment. A list entitled 'equipment taken by Ronnie Xerri to be sold on behalf of Pekara, was exhibited in court.

However, ECB - the company which had originally sold the equipment to Grima - started chasing her to settle outstanding balances which she still had on the machinery.

Xerri informed the complainant that he had found a buyer, although at a much reduced price. The defendant passed the machinery to the buyer and was awaiting payment.  When attempts to collect the money gave negative results, Ann Marie and her husband Peter Grima sued Xerri for €5,823.

Taking the witness stand, Nazzareno Xerri said the complainants did not have a legal claim on the equipment as this belonged to Pekara Ltd. Whilst Peter Grima was never part of the company, Ann Marie had sold her shares in Pekara Ltd, thus forfeiting all rights. 

The court presided by Magistrate Francesco Depasquale noted that the list of equipment was written on a torn A4 sheet, "showing that the complainants had information which they did not want the court to see".

Magistrate Depasquale upheld Xerri's claims that the complainant had no legal claim and rejected all claims filed by Peter and Ann Marie Grima.