The Gozo court has decided a case filed in 1958 about the recovery of immovable property by the exercise of the right of redemption (irkupru).

The facts of the case go back to 1957 when Anthony Mifsud sold two properties in Nadur, Gozo, to Francesco Galea. In the following year Maria Debono filed a schedule of deposit in court in terms of which she exercised her legal right to recover the two properties by title of redemption. Mrs Debono then filed her court case in the Gozo courts calling upon Mr Galea to deliver the said properties to her as he had not vacated them.

Mrs Debono's case was decided in October 1999 when the Gozo court ruled against her. She filed an appeal and, in 2004, the Court of Appeal upheld her case and remitted the case back to the Gozo courts to be decided upon anew. In the meantime another case was filed between the parties and Mrs Debono's case was suspended. A constitutional application was also filed in the meantime, but this was eventually thrown out.

In yesterday's judgment Magistrate Josette Demicoli found in favour of Mrs Debono and ruled that the legal requirements for the institute of redemption as existing in 1958 when the action was filed were found to have been fulfilled.

The court concluded that the right of redemption had been properly exercised by Mrs Debono and ordered that the properties be delivered to her.