An action filed by a man to annul a notarial deed of compromise of litigation was dismissed by the First Hall of the Civil Court which ruled that the man's version of events was not credible.
Joseph Borg filed his writ in 1990 in his own name and on behalf of Mark and Charles Limited. His son Eugenio and Moira Borg joined with him in the case.
The writ was filed against P & JC Ltd, TOR Ltd, Luqa Developments Co Ltd, Terry Lt, Luxury Homes Development Co Ltd, VB & Sons Ltd, B&B Property Development Co Ltd, Paola Development Co Ltd, University Heights Lt and J and V Finance and Investment Co Ltd.
In his writ Mr Borg requested the court to declare that the notarial deed of compromise he had entered into with defendants was null and void because his consent had been extorted by violence. He further requested the court to order defendants to pay him damages.
Mr Justice Joseph Zammit McKeon, however, found against Mr Borg and declared that by his own actions, Mr Borg had ratified the deed which he had claimed was null.
The facts of the case went back to the 1980s. Mr Borg told the court that Victor Balzan, Pio Camilleri and Lorry Sant (a former Labour government minister who has since died) had agreed between them to take over his land.
According to Mr Borg, when he refused to co-operate, Mr Camilleri had gone to his office and threatened to blow up his house with a bomb.
Mr Borg said that he had five court cases pending with defendants and all cases were being heard by the late Judge Joseph Herrera in the Commercial Court.
Judge Herrera had told Mr Borg to compromise the court cases by a notarial deed which, according to Mr Borg, the judge himself had dictated. When Mr Borg had refused to compromise the cases, he was beaten up by Mr Camilleri and Mr Camilleri's brother.
It was after a bomb was placed at his home that Mr Borg agreed to sign the notarial deed of compromise. The deed was finalised on December 3, 1985.
Mr Borg added that he had immediately started to sell the property he had acquired by the deed to third parties.
In his judgment, Mr Justice Zammit McKeon pointed out that Mr Borg worked in the property business and was not a novice when it came to transferring property. He added that Mr Borg had been assisted by a lawyer on the notarial deed.
Furthermore, Mr Borg himself admitted that once the deed was signed he had immediately started to sell the property he had acquired to third parties.
As a result, Mr Borg had given effect to the deed of compromise and had ratified the said deed if it were indeed null and void.
The court concluded by dismissing Mr Borg's writ.