By virtue of a decree delivered on the 27th July 2015, the First Hall of the Civil Court presided over by the Hon. Judge Dr. Joseph R. Micallef acceded to the request put forward by plaintiffs John and Edith spouses Ellul Sullivan for the issuing of a warrant of Prohibitory Injunction against defendant owners of the premises known as ‘Club Aria’. Plaintiffs claimed that the operation of the said premises had over a considerable number of years been carried out abusively, illegally and in such manner as to deprive them of the right to peacefully enjoy their property which lies adjacent to the same.
The above-mentioned Court rejected the various arguments made by defendants, including the claim that operation of the premises is carried out within the parameters of the relative licence issued by the Malta Tourism Authority. Whilst noting that the plaintiffs’ request did not contemplate total cessation of activities within the said premises, the Court observed:
‘il-ligi tipprovdi wkoll li t-thaddim jew tmexxija ta’ post kummercjali licenzjat biex jiftah bejn is-siegha u l-erbgha ta’ filghodu ma ghandux matul dawk is-sighat johloq fastidju jew inkonvenjenza lill-vicini b’xi xorta ta’ hoss li jinstema’ minn barra l-post jew b’xi mezz maghmul minn gewwa jew minn barra l-post’.
The request thereby made by plaintiffs spouses Ellul Sullivan was upheld and the warrant of Prohibitory Injunction issued against defendants Martan Limited and Raymond and Patricia spouses Desira. Plaintiffs were represented by lawyers Ian Spiteri Bailey and Victoria Cuschieri.