A judge turned down a request by Mark Gaffarena to stop property owners from selling their part of a Valletta building, ruling that other legal remedies were available.

Mr Gaffarena asked Mr Justice Joseph Micallef to issue an injunction halting the Cefai family from transferring their share of the property to third parties. They own a quarter of a building in Old Mint Street which has been at the centre of a controversial €1.65 million government expropriation deal with Mr Gaffarena.

Mr Gaffarena and his wife, Josielle, sought to stop the sale to third parties because they had signed a promise of sale agreement for the Cefais to transfer their share to them.

The promise of sale agreement was signed last March 26 and was valid for a year. The Gaffarenas made a 10 per cent deposit amounting to €139,762. The promise of sale agreement was subject to a condition that a recognition rent was payable to the government and that the building was not subject to an expropriation order or any enforcement notice.

The Gaffarenas had other remedies at their disposal

Times of Malta reported last month that the part of the property bought by the Gaffarenas had been expropriated and the compensation given was far in excess of the purchase price.

The Cefai family informed the notary handling the sale contract they did not wish to appear on the public deed.

In his judgment, Mr Justice Micallef said that for a warrant to be issued the Gaffarenas had to prove they had a prima facie right that merited protection. Also, the injunction was an exceptional remedy.

In this case, he noted, there was a valid promise of sale agreement between the parties and it was clear the Gaffarenas had a prima facie right on the property. However, there was no reason to fear that the Cefais had planned to sell their share of the property to any third party.

The Gaffarenas had other remedies at their disposal if the Cefais did not appear on the final deed of sale before the promise of sale agreement expired.