An action for eviction filed by 26 owners of a property leased to the King's Own Band Club in Valletta has been dismissed after the Rent Regulation Board ruled that the case had been incorrectly filed.

In their action filed in 2005 the owners told the Board that they leased premises in Republic Street, Valletta to the Club against payment of Lm500 per annum. According to the owners, the Club had sublet out part of the premises to be operated as a bar and restaurant by third parties. The owners requested the Board to order the eviction of the Club.

On its part the club submitted that the action had been incorrectly filed against the King's Own Band Club. The Club claimed that it did not have a separate and distinct legal personality. In fact, the legal representation of the club vested in its Secretary, and the owners had not sued the secretary but the club itself.

The club further claimed that it had not sublet any part of the premises to third parties for the bar and restaurant within the premises were licensed in favour of the club itself.

Magistrate Francesco Depasquale noted that in February 2005 the club had issued a call for offers to run the bar and restaurant within the premises. The offer was published in the local papers where it caught the attention of the owners.

In March 2005 the club had granted the running of the bar and restaurant to Paul Cortis and Clint Farrugia for a period of five years.

One of the owners, Sean Bradshaw, had gone to eat at the club in June 2005 and was issued with a receipt in the name of the club. The owners had then filed an action for eviction.

The Board noted in its judgment that the club had pleaded that it did not have a legal personality and could not be sued as a Club. The club's statute provided that the legal representation of the club vested in the secretary. At no time in the eight years that this case had taken to be decided had the owners ever requested a change in the names of the law suit. Nor had the owners called in the club's secretary to the suit.

The owners, said the Board, could have easily obtained a copy of the club's statute in order to file their case correctly.

The Board added that the club's bar and restaurant were registered in the name of the Club itself and at no time had the Club divested itself of its rights and obligations as a tenant of the premises. All the club had done, said the Board, was delegate the running of the bar area of the Club to a contractor. The contractor was bound to follow the rules and instructions given to it by the Club itself.

Furthermore, the owners were aware that the club ran a bar on its premises. One of the previous owners had in fact insisted that the club sell the products he imported from the club's bar.

The Board concluded by dismissing the owners' application for eviction.