The Malta Independent 17 June 2025, Tuesday
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Court suspends decision on Gaffarena’s action for damages pending case initiated by PM

Tuesday, 7 February 2017, 15:23 Last update: about 9 years ago

A court has decided not to hear Mark Gaffarena’s action for damages against the Commissioner of Lands, after the court decided that another case filed against Gaffarena by the authorities could impact the ruling in this damages suit.

Gaffarena argued that through a deed of exchange he entered into with the Commissioner for Lands back in 2015, they acquired a number of properties including a dilapidated site in Bahar ic-Caghaq.

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He claimed that the deed stated the property was uninhabited however there were third parties occupying it.

He further claimed that right to enjoy property had been breached, and asked the court to order the Lands Commissioner to pay damages. In response, the Lands Commissioner argued that the case instigated by the Prime Minister against the Gaffarenas should conclude before a decision on this case be taken.

The court, presided over by Mr Justice Silvio Meli decided that if the case by the Prime Minister was successful, then all properties acquired through the 2015 deed would revert and the Gaffarenas would not have any right to any action for damages. As such, he ordered that the action be stayed until the conclusion of the Prime Minister’s case.

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