Heirs awarded €12,000 in damages

Six heirs and a widow were awarded €12,000 in damages by the Constitutional Court after court cases filed by their late relative dating in 1970 were found to be still pending

The first case dates back to 1970. Ignazio Gatt sued Zakkarija Calleja for payment of fodder and concentrate bought in 1969. Calleja claimed the animal food purchased was not up to standard and in 1971 filed a counter claim. Both cases remained undecided.

In 1982 Calleja filed a garnishee order demanding that Gatt deposits a bank guarantee of €60,330 (LM25,900) in connection with the two previous law suits. Gatt immediately appealed this decision. Documents presented in court were misplaced and the case is still pending.

The last case was filed on 6 August 1990 by Ignazio Gatt against a Franco Faccetti. The case concerned a failed shoe business, and Gatt had filed for damages. On the9 April 1997 First Hall of the Civil Court declared it had no jurisdiction over the case, however Gatt's heirs appealed. Faccetti died in 1999 and the Appeal started being heard in 2004. The case is still pending.

The heirs held that after the death of Ignazio Gatt in 1991, they found themselves at a loss as a lot of information concerning the cases was lost with his passing. Subsequently the heirs suffered financial losses due to the unreasonable lapse of time that had passed over the lawsuits.

Judge Anthony Ellul held that the first three lawsuits are peppered with procedural irregularities, which led to unreasonable delays. The cases were spread over 44 years and were presided by eight different judges. This led to breaches of the right to a fair and expedites hearing. The constitutional court did not find the fourth case to be in breach.

The constitutional ordered the Attorney General as representative of the Government to pay Gatt's six children and their mother €12,000 in damages.