Judge clears eviction of Kirkop band club

Mr Justice Gino Camilleri, sitting in the First Hall of the Civil Court, yesterday authorised the execution of a judgment delivered in 1993 by the Court of Appeal.

This judgment was delivered following an application filed by Carmelo Vella and his brothers Phillip and Michael Vella and his sister Jessie Vella against the Director of Social Accommodation and the St Leonard Band Club of Kirkop.

In their application the Vellas claimed that the Court of Appeal had, in a judgment delivered on December 30, 1993 upheld their writ filed against the Housing Secretary and the band club.

The appellate court had ordered the Director of Social Housing and the band club to relinquish possession of premises at Kirkop (held by the club) within six months.

As a result of various legal manoeuvres by defendants, including an attempt for a retrial and proceedings before the European Court of Human Rights, no legal effect could be given to the judgment.

The Vella family asked the First Hall of the Civil Court to order the execution of the 1993 Court of Appeal judgment.

The band club pleaded that this court was not competent to hear and decide upon the application as the only competent court was the Court of Appeal which had delivered the 1993 judgment.

However, Mr Justice Camilleri dismissed this plea on the basis that the law authorised the First Hall of the Civil Court to order the execution of the judgment.

The band club further submitted that the application was null as it had been filed against the Director of Social Accommodation while the original case, decided in 1993, had been filed against the Housing Secretary.

This plea, ruled Mr Justice Camilleri, could not be upheld for the Housing Secretary was nowadays referred to as the Director of Social Accommodation.

When referring to the third plea filed by the band club, namely that it had filed proceedings in the European Court of Human Rights, the First Hall of the Civil Court ruled that it now resulted that these proceedings had been finally decided and there was therefore no obstacle to impede the execution of the 1993 judgment.

The court therefore upheld the request filed by the Vella family and ordered that legal effect be given to the judgment delivered by the Court of Appeal in 1993 which had ordered the eviction of band club from its premises.