Court rejects request for warrant against Enemalta

An application by Golden Shepherd Co Ltd against Enemalta for the issue of a warrant of prohibitory injunction to stop the corporation from disconnecting the electricity supply to St Philip Hospital was rejected by the First Hall of the Civil Court today.

The company had also submitted that it was awaiting a decision from the Office of Fair Competition on the validity of the imposition of a surcharge and capping on electricity consumption on the basis that the corporation was abusing of its monopoly position in the local market.

Enemalta argued that the provision of electricity was regulated by law and that it was legally entitled to disconnect the electricity supply to a consumer that did not settle its bills promptly.

Mr Justice Raymond C Pace declared that the application filed by the company did not justify the issue of a warrant of prohibitory injunction as the company had not proven that it had a prima facie right not to pay its bills.

The court also noted that according to correspondence, this dispute between the parties had been ongoing for some time and that the company had made payments on account, including on account of the surchage.

The court therefore concluded that the company had no prima facie right to be protected by the issue of the warrant.