Court turns down club's objections to rent payment of €180,302
The Civil Court has rejected a judicial application filed by Marsaxlokk Sailing Club to suspend proceedings by the Lands Department for the payment of rent amounting to €180,302. In its arguments, the club said it was waiting for a court decision for...
The Civil Court has rejected a judicial application filed by Marsaxlokk Sailing Club to suspend proceedings by the Lands Department for the payment of rent amounting to €180,302.
In its arguments, the club said it was waiting for a court decision for the payment of outstanding amounts to the club by J&H Co Ltd.
The sailing club also claimed that it had always paid the rent according to law and in any case the requested amount was time-barred.
The Commissioner of Lands in his counter arguments said that court proceedings between the sailing club and third parties had no relevance to this case since the club was the recognised tenant. It denied that the amounts due were time-barred and said correspondence showed that the club had admitted it owed rent.
The court noted that the property had originally been leased by the Lands Department to Air Supplies and Catering, which then sub-let it to the club which was recognised as the tenant. Such recognition was back dated to December 23, 1980.
The court observed that the club had not proved that the rents were not due.
The fact that there were pending proceedings between the club and J&H Co Ltd had no bearing on this case since J&H were never recognised by the Commissioner of Lands.
The court said it found no reason to uphold the club's request since the requests by the Department of Lands were well founded.