The San Leonard band club in Kirkop has won a long-drawn-out legal battle to remain on the premises it has used for more than half a century.

The Constitutional Court ruled that a 1955 requisition order through which the band club took over the premises was in the public interest.

The definition of public  interest included social and cultural activities that attracted a wide range of people, the court held.

Last October, the club had been ordered to vacate the premises after a court ruled that the requisition order violated the owner’s fundamental human rights.

It was also ordered to pay one-fourth of €60,000 – compensation to the owner - while the Social Housing Department, which had issued the order, would pay the remaining three-fourths.

But the ruling was appealed and, in their judgement, Chief Justice Silvio Camilleri, Mr Justice Geoffrey Valenzia and Mr Justice Giannino Caruana Demajo disagreed that the owner had been a victim of discrimination.

“The fact that she was affected does not, in itself, mean she was discriminated against,” the judges said.

To prove discrimination, the court added, the owner had to produce evidence that someone else in the area and in the same square in Kirkop where the band club was located had empty, unused property similar to hers and which could have been used by the band club.

Although both the department and the band club contested the €60,000 compensation, the court ruled that it still had to be paid with the club paying one-fourth and the department the rest.

The band club’s assistant general secretary, Anton Mifsud, said the club was “very satisfied” with the outcome of the case, especially since it would have only been given 90 days to evict, with nowhere to go.

“We have been here for more than 50 years and now we are here to stay with a judgement by the topmost court,” he said.

Lawyer Edward Zammit Lewis appeared for the band club.