A court has upheld an application filed by the Augustinians against BCD Projects Ltd and Jesmond Bonello requesting the issue of a warrant of prohibitory injunction against respondents.
The court was requested to prohibit respondents from continuing with the construction of a four-storey block and penthouse in Marina Street, Pieta, which would impinge on servitude they enjoyed.
BCD Projects and Mr Bonello submitted that no such servitude existed and that the Augustinians were misinterpreting the contract in terms of which they had purchased the property.
On examination of the contract, signed in 1965, the court found that the servitude did exist and that it was also mentioned in more recent contracts.
The court therefore prohibited respondents from building more than two storeys above the ground floor.