Alleged violation of fundamental rights on a place occupied without any title
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Alleged violation of fundamental rights on a place occupied without any title
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Alleged violation of fundamental rights on a place occupied without any title
Owners of a place in Hamrun presented a Constitutional Case after, according to them, their fundamental rights were violated because this residence is being occupied without any valid title according to the Law. The proceedings started by Emanuel Aquilina, Rita Aquilina and Rose Calleja against the Prime Minister, the Attorney General and Carmen Gatt, who is living in this place.
In the Appeal it was said that this property, located in Triq Farsons, had been given with a temporary emphytheus title for 21 years on 17 April 1999 to a certain Joseph Gatt, Carmen Gatt's father.
Gatt had died when the temporary emphytheus had not been converted into a lease and therefore, according to the Appeal, Carmen Gatt still lives in the place without any valid title according to the Law.
For its part, the First Chamber of the Civil Court had rejected the requests made by Emanuel and Rita Aquilina. Later an appeal was made from this decision and the Court of Appeal had decided that the matter was simply "frivolous and vexatious".
That was why Emmanuel and Rita Aquilina, together with Rose Calleja, opened a Constitutional Case stressing that the articles of the Law that were applied by the First Chamber and the Court of Appeal violate their fundamental rights. They also asked the Constitutional Court to declare that Gatt cannot use the said Law to continue to suffer in the place.
The Appeal was signed by lawyers David Camilleri and Joseph Gatt.