02 September 2010
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Court: Court accepts injunction against government to stop demolishing Magic Kiosk
by BERNARD BUSUTTIL

The First Hall of Civil Court yesterday accepted a provisional prohibitory injunction filed by the owners of Magic Kiosk, Brittania Catering Co. Ltd, stopping the government from demolishing the establishment.

The court, presided over by Mr Justice Geoffrey Valenzia, heard how the company filed a constitutional application on 22 December in which it claimed that the government did not evict similar operators, even after their land lease was expired. Thus it claimed that the government had discriminated against it.

A few days later, Brittania Catering Co Ltd filed an injunction against the Lands Department Director and the ministry responsible for public works, prohibiting them from pulling down the structure. The court set the hearing for 16 January, however, government bulldozers moved on site on Friday at 5.30am and started pulling down Magic Kiosk and continued until Sunday evening.

Brittania Catering Co Ltd filed another injunction asking the court to order the government to temporary stop its activity until the court takes a decision whether the structure should be demolished or not.

The court yesterday said it will take a final decision on 21 January, at which point Brittania Catering Co Ltd’s legal representative Tonio Azzopardi reiterated that nothing could stop the government from carrying on its work.

Thus, Mr Justice Valenzia asked the government’s representatives whether they can guarantee that the government will stop its demolishing work. Given that no affirmative guarantee was given, the court accepted the injunction which will be in effect until it reaches its final decision.

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