Court ends 45-year dispute over Blata l-Bajda land

A land dispute dating back more than four decades has ended with the Court of Appeal upholding a ruling that rejected the claims of a group of heirs who sought to recover a stretch of land in Blata l-Bajda.

The Court of Appeal, presided over by Chief Justice Mark Chetcuti together with Judges Christian Falzon Scerri and Josette Demicoli, dismissed an appeal against a 2024 decision of the First Hall of the Civil Court.

The court confirmed that the plaintiffs had failed to prove ownership of the land and that, in any event, the defendants had acquired rights through long possession.

The case originated from a judicial letter filed in November 1980 by members of the Ellul, Salomone and D’Agata families. They claimed ownership of a portion of land allegedly forming part of an area known as 'Tal-Kubrit' at Blata l-Bajda.

The plaintiffs argued that the defendants had purchased the land in 1970 from Joseph Schembri on the basis of an erroneous declaration of provenance, since the deed referred to land called 'Ta’ Braxia' rather than 'Tal-Kubrit'.

The plaintiffs maintained they were the rightful owners through inheritance from banker Paolo Ellul, who had held the property under a long-term emphyteusis granted in the late 19th century. They asked the court to declare the defendants' title invalid and order the return of the land, including any structures built on it.

The defendants rejected the claims, arguing that they had purchased the land in good faith and that the action was time-barred. One defendant, Victor Cilia, also argued that he had not acquired the property under the 1970 contract cited by the plaintiffs.

In its 2024 judgment, the First Hall upheld several of the defendants’ objections. It ruled that the plaintiffs had failed to prove their title to the land to the high standard required in a vindicatory action, noting gaps, inconsistencies and missing documentation in their chain of title. The court highlighted, among other issues, the absence of evidence showing how Paolo Ellul’s inheritance was accepted and transmitted to the plaintiffs.

The First Hall also upheld Cilia’s objection, finding he had acquired his property under a different contract and could not be bound by claims based on the 1970 deed.

Additionally, the court found that the defendants and their predecessors had possessed the land openly and continuously for more than 30 years, thereby acquiring ownership through acquisitive prescription under Maltese law.

The plaintiffs appealed, but the Court of Appeal agreed with the lower court's findings. It confirmed the plaintiffs had not established ownership beyond doubt and that any uncertainty had to be resolved in favour of the possessors. The appellate court also endorsed the conclusion that the defendants had acquired rights through long possession.

The appeal was dismissed in its entirety, with costs awarded against the appellants.

Lawyers Mario de Marco and Josette Grech appeared as legal counsels to the defendants.