Writ against Telemalta upheld

The Gozo Courts have upheld a writ filed by Gozo Heritage Ltd against Telemalta Corporation and ordered the latter to withdraw a warrant of seizure it had issued in 1993.

The writ was filed by Paul Portelli and Ian Mizzi.

Plaintiffs requested the court to declare that the warrant issued against them was unfounded as they did not owe the sum of Lm388.26 claimed by the corporation.

On its part defendant pleaded that the writ was null and plaintiffs had not shown their connection with Gozo Heritage.

It also pleaded that the warrant had been validly issued as the corporation had provided a service to plaintiffs.

Magistrate Paul Coppini noted that the corporation had issued the warrant in support of its claim that it was owed rent by plaintiffs for a telex machine.

However, plaintiffs claimed that they did not owe any amounts to the corporation, as the telex machine had never worked satisfactorily.

The court added that it did not consider the writ of summons to be null, for there was ample proof of the connection of plaintiffs with Gozo Heritage Ltd.

Plaintiffs had proved that the telex machine had never worked properly and that the corporation had sent technicians on a number of occasions to carry out repairs, but the machine had never worked properly.

The court therefore found in favour of plaintiffs and ordered the revocation of the warrant of seizure.