The Civil Court has upheld the request filed by Prime Minister Joseph Muscat and the Attorney General for a warrant of prohibitory injunction against Mark and Josielle Gaffarena.

The court, presided over by Mr Justice Joseph R Micallef, had been requested by Dr Muscat, in his role as a member of parliament and the Attorney General to prohibit Mr and Mrs Gaffarena from transferring, under any title, properties which had been transferred to them in the course of the expropriation proceedings in respect of 36, Old Mint Street, Valletta.

The court heard that on January 28, 2015 the Commissioner of Lands, on behalf of the government, had transferred to Mr Gaffarena by title of exchange four properties consisting in a property in Sliema valued at €65,000, a portion of land in the limits of Siggiewi valued at €165,800, a portion of land in the limits of Qormi valued at €192,810 and a portion of land at Bahar ic-Caghaq valued at €260,000.  This transfer, together with the sum of €138,890 was made in favour of Mr Gaffarena to make good for the expropriation of one-quarter undivided portion of premises at Old Mint Street, Valletta.

By means of another deed of April 10, 2015, the Commissioner of Lands, on behalf of the government, had transferred by title of exchange to Mr Gaffarena another portion of land at Bahar ic-Caghaq valued at €70,000 and two portions of land in the limits of Zebbug, Malta valued at €375,000 together with the sum of €377,500.  this transfer was to compensate Mr Gaffarena for the expropriation of another one quarter undivided share of the same property in Valletta.

Subsequently, after a report issued by the National Audit Office on January 20, the prime minister and the attorney general had filed a law suit against Mr and Mrs Gaffarena, requesting the rescission of the two deeds.

The prime minister and the attorney general had requested the court to prohibit Mr and Mrs Gaffarena from disposing of the properties transferred to them through a warrant of prohibitory injunction.

In today's decree Mr Justice J R Micallef ruled that the elements required by law for the issue of the warrant of prohibitory injunction were found to be exist.

The court therefore upheld the request filed by Dr Muscat and the attorney general and issued the warrant of prohibitory injunction

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