Firm fails in bid against eviction

A request for protection against eviction from a factory has been dismissed by Mr Justice Lino Farrugia Sacco in the First Hall of the Civil Court.

Linkyarn (Cashmere) Industries Co Ltd had filed an application for a warrant of prohibitory injunction against Malta Industrial Parks (MIP) Ltd.

The company asked the court to prohibit MIP from evicting it from a factory at the Bulebel Industrial Estate, Zejtun.

The court heard that the company was served with an eviction order and was given 20 days within which to vacate the premises.

According to the company, the order was illegal and abusive as they had a title of lease to the premises valid until August 2008.

Linkyarn asked the court to prohibit MIP from carrying out the eviction.

But MIP submitted that Linkyarn had no legal title to the factory. The court was told that in 1992 the Malta Development Corporation (MIP's predecessor in title) had issued a letter of intent in favour of Linkyarn in respect of the factory premises.

However, the lease agreement had never been concluded between the parties.

MIP added that Linkyarn was not complying with the conditions contained in the letter of intent.

In terms of law MIP was entitled to issue the eviction order in order to regain possession of public property, and it was duty bound to do so.

MIP also pointed out that Linkyarn had not proven that it would suffer irremediable harm if the warrant of prohibitory injunction was not issued.

After hearing the submissions of the parties, the court dismissed Linkyarn's request for the warrant.

Lawyer Edward Debono was counsel to Linkyarn while Dr Katrina Borg Cardona was counsel to MIP.