The state has been ordered to fork out over €42,000 in compensation to a couple who were landed with unnecessary legal costs in a lawsuit hampered by excessive court delays.

The award was the outcome of constitutional proceedings filed by a couple who had been ordered to pay €34,950 after being sued over a property-related dispute which had taken precisely “19 years and 18 days” to reach final judgment. 

The origins of the dispute dated back to March 2000 when Maria Dolores Falzon had filed a civil action against the Debarro spouses about some Qormi property which the applicant claimed to hold under title of lease. 

The couple had relinquished possession of the property in favour of a third party, against payment of Lm30,000 which, Falzon claimed were rightfully owed to her. 

The first hearing of the case took place in May 2000 and some months later, the applicant passed away, thus being replaced by her successors in the suit. 

It took the applicants three years to produce all their evidence and another three years for respondents to do likewise. 

In 2007, the court heard final submissions and the case was put off for judgement. 

Yet, another seven years lapsed with the judgment being repeatedly held up by an endless series of deferments.

The case was meanwhile assigned to different judges until in 2014 - six years, two months and 15 days after being set for judgment - the court decided in favour of the Debarros.

But the applicants appealed. 

After another three years, eight months and 19 days, a first appeal hearing was finally scheduled. 

Final judgment was delivered in June of 2019, quashing the first decision and ordering the Debarros to pay €34,950 to Falzon’s heirs, together with interest accrued since 2000.

That decision spelt great financial difficulties for the respondents who, subsequently filed separate proceedings claiming that the excessive delays had breached their right to a fair hearing since they had to pay interest accruing over the 19-year span. 

The First Hall, Civil Court in its constitutional jurisdiction, presided over by Mr Justice Grazio Mercieca, upheld their claim and declared that six years to conclude the evidence stage was “not justified.”

Although over that period, there had been regular sittings, the court ought not have allowed the litigants to put forward evidence in such a piecemeal manner.

Nor was a three-year wait, for the appeal to be appointed, justified, the court went on. 

Mr Justice Mercieca reckoned that the lawsuit should have gone from start to finish in five years.

Delving into local and European case law, the court concluded that the delay was unjustified, thus declaring a breach of rights and ordering the State to fork out to the Debarros €39,144 in material compensation and an additional €3,000 in moral damages. 

Lawyer Ryan Ellul assisted the applicants.