Gaffarena loses appeal on Old Mint Street expropriation

The Court of Appeal has dismissed an appeal filed by businessman Marco Gaffarena over his attempt to force the sale of a portion of an Old Mint Street property which had been the subject of a controversial expropriation.

Gaffarena and his wife had claimed that the expropriation only affected their share of the Valletta property.

He had asked the court to order the defendants to sell a quarter undivided share of 36 Old Mint Street in Valletta for an established price, but the courts disagreed, both at first instance and now on appeal.

The Court of Appeal, presided over by Mr Justices Giannino Caruana Demajo, Tonio Mallia and Anthony Ellul, explained that the expropriation declaration issued by the President of Malta simply mentioned “one-fourth undivided share of a block” without specifying the targeted owners.

Expropriation is aimed at property and not physical persons, said the court. The judges pointed out that expropriation was very different from a sale – the sale of part of a property could be carried out, but expropriation affected the whole of the property.

The appeal was dismissed with all costs to be borne by the Gaffarenas.

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