An action for damages filed in court by Mark and Josielle Gaffarena against the Commissioner of Lands was not heard today after a court decided that another case filed by the authorities against the Gaffarenas could have an impact on any ruling delivered in the damages suit.

In their action, the Gaffarenas told the court that by means of a deed of exchange entered into with the Commissioner in 2015 they had acquired a number of properties including a dilapidated structure in Baħar iċ-Ċagħaq.  According to the deed, the property was described as being uninhabited, but it resulted that third parties occupied this property. 

As a result, the Gaffarenas claimed that their right to enjoyment of their property had been violated and they called upon the court to order the Commissioner of Lands to pay them damages.

In reply, the Commissioner submitted that the court ought not to hear and decide this case until the outcome of another court case filed by the Prime Minister against the Gaffarenas last year was known. This procedure was known as the "staying of an action".

In this second court case, the Prime Minister and the Commissioner of Lands were requesting the court to overturn the deed in terms of which the Gaffarenas had acquired a number of properties, including that of Baħar iċ-Ċagħaq. 

Thus, if the request of the Prime Minister and the Commissioner was upheld, then the property in issue would revert to the government and there would be no need for a damages award.

Mr Justice Silvio Meli ruled that the remedy of staying of an action was a remedy which could be used for the sake of expediency in issues when one court case could affect the outcome of another.

If the case filed by the Prime Minister and the Commissioner was successful, then all the properties acquired by the Gaffarenas in terms of the 2015 deed would revert to the government and the Gaffarenas would have no legal rights to the properties, nor would they have an action for damages.

The court therefore ordered the staying of the damages action filed by the Gaffarenas until such time as the case filed by the Prime Minister and the Commissioner was finally decided.