Judge dismisses request to halt eviction order

Mr Justice Geoffrey Valenzia, sitting in the First Hall of the Civil Court, has dismissed an application for the issue of a warrant of prohibitory injunction filed by Edward Baldacchino against the Director of Courts.

Mr Baldacchino had requested the court to stop the director from carrying out an eviction order issued against him in respect of the premises at 138, St Lucia Street, Valletta.

According to Mr Baldacchino, the First Hall of the Civil Court had, in a separate judgment, ruled that the eviction order could not be enforced against him.

The court declared that it had heard the court marshal who had carried out the eviction testify under oath that the order had been carried out and that the keys to the premises had been deposited in court.

The Director of Courts and the Gollcher family (at whose request the eviction order had been issued) told the court that no warrant of prohibitory injunction could be issued as the court marshal had already carried out the eviction order.

The court marshal told the court Mr Baldacchino's lawyer had obstructed him in the execution of the eviction order.

The marshal had referred the matter to his superiors who had told him to continue with the eviction order.

Mr Justice Valenzia found that the eviction order had been executed and that no warrant of prohibitory injunction could be issued to prohibit an action which had already been carried out.

The court further pointed out that no one, least of all a lawyer, could obstruct a court marshal who was carrying out his duties.