In its judgement delivered on the 15 September 2021, in the
names of Aurelio Tanti (the
“Plaintiff”) vs Chris D'Anastasi
(the “Defendant”), the First Hall
Civil Court (the “Court”), presided
over by Justice Dr Christian Falzon Scerri, had to consider the
requisite elements for the issuance of a warrant of prohibitory
injunction.
In the case at hand, the Plaintiff owned a first-floor apartment
in a block of flats in, Triq San Pawl, Had-Dingli. The Defendant
had procured a planning permit from the Planning Authority to
develop a block of flats including garages directly adjacent to the
block of flats in which the plaintiff owned his apartment.
According to the Plaintiff and his architect, the approved
development plans showed that the Defendant was to undertake
excavation works at a distance which was less than the minimum
seventy-six centimetres distance prescribed by article 439 of the
Civil Code, Chapter 16 of the Laws of Malta (the
“Civil Code”). Moreover, the
