In yet another judgement delivered yesterday by Mr Justice Grazio Mercieca presiding over the First Hall of the Civil Court in its Constitutional Jurisdiction, in the names Joseph Grima et vs Avukat Generali et, the said court, once again, and in no uncertain terms, confirmed that Chapter 69 of the Laws of Malta and Act X of 2009 which protect sitting tenants in pre-June 1995 leases are in blatant breach of the European Convention on Human Rights and of the Constitution of Malta and can therefore no longer be invoked by the sitting tenant in order to continue renewing his lease on an indefinite basis, effectively translating in a termination of the said lease.

The Court also awarded €35,000 in damages payable to plaintiffs Grima by the Attorney General, more than double the average amount usually awarded in similar cases, along with all costs of the proceedings, on account of the fact that the legal regime in question which gave the sitting tenant Lawrence Aquilina the right to continue renewing the lease ad infinitum at a paltry rent, despite the amendments of Act X of 2009, is in breach of the owners’ constitutional rights, and was allowed to remain on the statute book when it was manifestly clear that such dispositions of the law breached the fundamental human rights of the owners.

Plaintiffs were represented by Dr Edward DeBono and Dr Karl Micallef.