A court yesterday stopped Malta Industrial Parks Ltd (MIPL) from evicting HP Cole Limited from a factory at the Marsa industrial estate.

Mr Justice Raymond C. Pace, sitting in the First Hall of the Civil Court, heard HP Cole's plea that MIPL should be stopped from implementing an eviction order in respect of factory 59A, which HP Cole occupied.

The company claimed that the eviction order was null and void as it did not comply with the requisites of the Land (Compulsory Eviction) Act.

The law empowered the MIPL to evict persons from land or buildings occupied without a legal title.

HP Cole submitted that it occupied the factory under title of rent from MIPL and that, therefore, the eviction order was null and void in its regard.

The court heard that in 1987 the Malta Development Corporation had issued a letter of intent in favour of HP Cole and the company took possession of the factory though no contract of lease was completed.

In January 2007 the MDC had issued a judicial letter against HP Cole claiming over €36,610 (Lm17,000) in rent arrears.

In an action filed by the MDC, the First Hall of the Civil Court had ruled that HP Cole owed money by way of rent.

Mr Justice Pace said that there was a judicial pronouncement that HP Cole occupied the factory by title of lease.

Consequently, the company had proven, on a prima facie basis, that it had a legal title to the factory.

The court therefore upheld HP Cole's request and banned MIPL from evicting the company from the factory.