A court suspended retrial hearings Tuesday pending the results of a constitutional case, as a family continue to fight their eviction from a Rabat farm.

The case dates to 2015, when Anthony Borg filed a case against Maryanne Sammut and her husband Emanuel. After the woman passed away, her children Sarah, Rachel and Roderick appeared in her stead.

Borg’s request was upheld by the First Hall of the Civil Court in July 2015, and the Sammuts were ordered to evict the premises within a month.

The family appealed the judgement, but in February this year, the Court of Appeal dismissed the appeal.

Chief Justice Mark Chetcuti and Mr Justice Robert Mangion and Mr Justice Grazio Mercieca, presiding over the case, declared the appeal “frivolous and vexatious”, and ordered the Sammuts to pay double the expenses.

The following month, the family asked for a retrial, claiming the judgement was the result of a procedural error or an error in the documents of the case.

In July, they asked that the judges presiding over the appeal abstain from the retrial, a request that was subsequently refused.

The case was left for final submission and adjourned until October 21.

Constitutional case

The Sammuts opposed the refusal, filing a constitutional application claiming their right to a fair trial was being breached following the judges’ refusal to abstain from the retrial.

They requested an interim measure, including suspending the retrial proceedings until the constitutional case is decided. The proceedings were filed against the State Advocate and the Registrar of the Civil Courts and Tribunal, as well as Borg.

The court, citing case law, observed that interim measures are given when there is no ordinary remedy available to a plaintiff. The court may refuse to exercise its discretion and give an interim measure when it is satisfied that the plaintiff has redress for an alleged breach.

For an interim measure to be given, the plaintiff needs to show that there is a prima facie breach of a fundamental right, with a hypothetical situation not enough in such cases.

It also needs to be shown that irreparable harm would be inflicted on the plaintiff, and thus, an interim measure is given only exceptionally in extremely urgent cases.

The court ordered that the retrial proceedings be temporarily suspended until the constitutional case is decided.

Mr Justice Giovanni Grixti presided over the First Hall of the Civil Court in its constitutional jurisdiction.

Lawyers José Herrera and David Camilleri assisted the Sammuts.

Lawyer Julian Farrugia appeared on behalf of the State Advocate’s Office.

Lawyers Carlos Bugeja and Alan Zerafa appeared on behalf of the Registrar of the Civil Courts and Tribunals.