A man's fundamental human right to a fair hearing had been violated by judgments delivered by the Magistrates Court and by the Court of Appeal, the Constitutional Court ruled.

Peter Montebello had filed a constitutional application against the Attorney General and Fenech Plant Hire Ltd.

He told the court that the company had filed proceedings against him in 2006 requesting payment of €7,738.09 for machinery which had been sold to him.

Mr Montebello contested this claim and pleaded that the action was barred by lapse of time.

He also submitted that the company's claim against him was unfounded as he had paid the sum requested.

The Magistrates Court had put the case off for judgment on the issue of time-barring of the action.

The court dismissed this plea but proceeded to deliver judgment on the merits of the case and ordered Mr Montebello to pay Fenech Plant Hire Ltd the sum requested.

The judgment was confirmed by the Court of Appeal in its inferior jurisdiction.

Mr Montebello then filed a constitutional application before the First Hall of the Civil Court in which he claimed that the decisions of the previous two courts had violated his right to a fair hearing, as the courts had decided the case when the case had been put off for judgment on one plea only.

The First Hall of the Civil Court dismissed the constitutional application and Mr Montebello then appealed to the Constitutional Court.

In its judgment, the Constitutional Court, composed of Chief Justice Silvio Camilleri, Mr Justice Joseph A Filletti and Mr Justice Geoffrey Valenzia, declared that it was convinced that the parties and the Magistrates Court had intended to put the case off for a judgment on the preliminary plea that the action was time-barred.

The fact that the said court had delivered judgment on the merits of the case without giving Mr Montebello the opportunity to present his case on the other plea was in violation of Mr Montebello's fundamental human rights

The Constitutional Court upheld Mr Montebello's constitutional appeal and annulled the previous judgments delivered against him.

The case was remitted to the Magistrates Court which was to decide upon the case anew after taking Mr Montebello's second plea into consideration.