St Leonard's Band Club of Kirkop has been told to vacate its premises within three months after a court established that the requisitioning of the premises, in 1955, was in violation of its owner's fundamental human rights. The court also awarded the owner €60,000 in compensation.

Madam Justice Anna Felice delivered this judgement following a constitutional application filed by Josephine Mary Vella against the Director of Social Accommodation, the Attorney General and the club.

Ms Vella told the court that she had never recognized the club as a tenant and she was paid Lm30 per annum as compensation for the property, located in Kirkop Square.

She successfully argued that the requisition was in violation of her fundamental human right to enjoyment of her property. The requisition was also not in the public interest.

The court, citing earlier judgements, said  an interest could not be deemed to be a public interest unless it applied to the public as a whole. A band club was not in the interest of the public in general even though it had a social and cultural purpose.

The court also concluded that Ms Vella had been discriminated against as only her property had been expropriated for this purpose when there were other houses in Kirkop.