A married couple was awarded over €300,000 in damages after they had to hand over part of their dream property to third parties.

Peter and Mary Rose Incorvaja had bought two adjacent plots of land in the vicinity of Ghar Dalam, Birżebbugia from CMR Commercial Ltd back in June 1993 for Lm7,000 (€16,000).

However, plans to develop the site were disrupted when the couple were served with a judicial protest by a third party claiming ownership over part of the land.

This was followed by a civil action which ended in a 2011 judgment ordering the couple to hand back 40% of the property which they had purchased in good faith.

This turn of events led the spouses to sue the company who had sold them the plots, claiming that not only had they been denied peaceful possession but had also suffered financial damages.

The applicant testified that the respondents’ Notary had reassured him before the sale that all the searches were in order.

The company had argued in court that it had purchased the land in question in 1981, already partitioned into plots, and there had never been any problems until 1995 when it was served with several judicial protests.

On the basis of all evidence, the First Hall, Civil Court, presided over by Madam Justice Jacqueline Padovani Grima, concluded that the applicants’ request to rescind the contract of sale was justified.

So was their request for damages which were to be calculated on the value of the property at the time of the eviction in 2011 and which amounted to €311,623 together with interest to be paid by CMR Commercial Ltd.