Man ordered to vacate Attard field in two months

The Magistrates' Court yesterday upheld a writ of summons filed by Francesco (Ċikku) Fenech against John Pace and ordered Mr Pace to vacate a field known as Tat-Torba, in Attard within two months.

Mr Fenech had requested the court, presided over by Magistrate Consuelo Scerri Herrera, to declare that Mr Pace had no title to the land and to order him to vacate it.

Mr Pace insisted that Mr Fenech had to prove title to the land. Mr Pace also pleaded that he occupied the land under title of rent as he leased the land from lawyer Patrick Spiteri.

With reference to the ownership of the land in question, the court found that Mr Fenech had a valid title as he had acquired the land by notarial deed in November 1973. Mr Fenech had then leased the land to Dr Spiteri.

With regard to Mr Pace's plea that he had a title of lease to the land, the court noted that the evidence produced had been contradictory. Dr Spiteri had categorically denied leasing the land to Mr Pace.

According to Dr Spiteri he had been acquainted with Mr Pace and had employed him as a handyman. Dr Spiteri said that in 2000, Mr Pace had some problems with a horse as he could not stable it. As a result, Dr Spiteri had offered Mr Pace to keep the horse in a part of the field that he himself (Dr Spiteri) leased from Mr Fenech.

According to Dr Spiteri, he had allowed Mr Pace to use the field but had not leased it to him. He had never received payment of rent from Mr Pace. In 2001, Mr Pace had constructed some rooms on the land without Dr Spiteri's consent.

Mr Pace said he had a verbal agreement with Dr Spiteri whereby Mr Pace would lease the field from Dr Spiteri for a 20-year period against the payment of rent of Lm300 per annum. Mr Pace said he had not insisted with Dr Spiteri to have a lease agreement in writing but had paid him Lm300 a year.

Dr Spiteri categorically denied this and insisted he had merely allowed Mr Pace to use the land on title of mere tolerance.

Magistrate Scerri Herrera concluded that Mr Pace had no title to the land and that he had been allowed to use it by Dr Spiteri without a title. The court concluded by ordering Mr Pace to vacate the premises within two months.