Lands director ordered to pay double litigation costs

The Director of Lands was yesterday ordered to pay double costs of litigation after the Court of Appeal concluded that an appeal lodged by the director was frivolous and vexatious.

The judgment was delivered in the case filed by the director against the Civil Service Sports Club.

The director had requested the First Hall of the Civil Court to order the eviction of the club from its premises in Valletta on the grounds that the club was not observing the contractual conditions.

The first court heard that in 1937 the Malta government had granted a house in Archbishop's Street, Valletta to the club by title of temporary emphyteusis for 99 years.

The director claimed that the house was to be used as Civil Service Sports Club premises, but that the club was now making use of it for commercial purposes.

But the first court dismissed the director's claim. Although the contract said that the house was to be used as the club's premises, this did not mean that there was some specific use for civil service sports clubs.

The 1937 contract did not stipulate that the club could not make profit from the house.

The director appealed to the Court of Appeal composed of Chief Justice Vincent Degaetano, Mr Justice Anton Depasquale and Mr Justice Albert Magri.

On appeal the court declared that it was perfectly in agreement with the interpretation of the contract made by the first court.

But the Constitutional Court also declared that the director's appeal was unfounded and was also frivolous and vexatious.

The director was ordered to pay double costs.