Shop loses occupation right once agreement expires - court

The Civil Court has ruled that Leaders Limited was not entitled to remain in occupation of the shop at the airport's departure lounge once the agreement between Leaders and Malta International Airport had expired.

Mr Justice Gino Camilleri ruled, in dismissing Leaders' application for a warrant of prohibitory injunction, that the warrant was not necessary to protect the company's rights and that, prima facie, it did not seem Leaders enjoyed rights meriting protection.

Mr Justice Camilleri dismissed the application on Monday but the ruling was made available to the media only yesterday.

Leaders requested the court to prohibit MIA from taking any action (excluding judicial proceedings) to impede the company and its employees from entering the shop "Skincare and Cosmetics" at the airport departure lounge.

The court was also asked to ban respondent from impeding Leaders from continuing to operate the shop or from retaining possession of it.

The court noted that Leaders had submitted that the agreement that regulated the relationship between it and MIA was in effect one of lease and in terms of law it had a right of preference in the granting of a new lease.

But Mr Justice Camilleri declared that the agreement between the parties was not one of lease but was of a different nature.

Leaders had merely submitted that the agreement was one of lease and it was not up to the court deciding the issue of the injunction to examine the sworn statements exhibited in the records of the proceedings.