Premier Leasing and Investments Company Ltd is claiming breach of the  right to enjoy its property based on a court’s refusal to satisfy its right to credit.

In an application signed by lawyers David Camilleri, Shazoo Ghaznavi, Joseph Gatt and Robert Galea, Premier claimed that in September 2007, it entered into a hire purchase agreement with Stiano and Eleanor Agius for the sale of a BMW X5.

The vehicle would remain the property of Premier until the whole price was paid.

The buyers paid €20,964, leaving an outstanding balance of €44,258.

In the meantime, Mr and Ms Agius were charged with drug trafficking and their property and assets were frozen. Consequently they could not use any funds to pay the outstanding balance due.

Premier made various applications to the courts to allow it to satisfy its claim through the property belonging to Mr and Ms Agius. However, all were turned down.

Premier is arguing that this has led to a situation where it had no means to satisfy its right of credit since all assets belonging to Mr and Ms Agius were frozen and could be confiscated by the courts if the couple were found guilty.

Moreover, the car had depreciated so much that it no longer represented the credit due to Premier.