Judge orders Enemalta to pay for low voltage damage

Mr Justice Philip Sciberras yesterday confirmed a judgment in terms of which Enemalta Corporation was ordered to make good the damages suffered by a household due to low voltage.

This judgment was delivered by the Court of Appeal of inferior jurisdiction following an appeal by Enemalta from a decision of the Consumers' Tribunal.

Mario Azzopardi had filed a complaint before the tribunal against Enemalta. He asked for an award of damages to the tune of Lm389 to make good for damages caused to his computer and washing machine as a result of low voltage.

Last November the tribunal found in favour of Mr Azzopardi, awarding him damages of Lm150.

On appeal, Enemalta submitted that the tribunal was not competent to hear and decide the case filed by Mr Azzopardi, as the corporation did not fall within the definition of a trader.

Enemalta further claimed that the tribunal had not acted in a serious manner and in accordance with equity.

Mr Justice Sciberras said yesterday Enemalta had not raised any plea as to the jurisdiction of the tribunal before the tribunal itself. Once this was the case, the Court of Appeal could not give a ruling on this plea in appeal stage.

The court added that case law had interpreted the status of corporations such as Enemalta as being traders, for they were a business which provided supplies.

In conclusion, the court found that the tribunal had not violated the principles of natural justice or of equity, and it confirmed the tribunal's award against Enemalta.