In its judgement delivered on the 20 May 2021, in the names of
Wurth Limited (hereinafter "Plaintiff") vs Kevin Agius
(hereinafter "Defendant"), the First Hall Civil Court
(the "Court") presided over by Madame Justice Dr Joanne
Vella Cuschieri, had to consider whether, inter alia, the actio
spolii could be successful when the alleged spoliation took place
over a road which, in terms of local development plans, was a
schemed road for public use.
The facts of the case were as follows. The Plaintiff owns a
parcel of land in Haz-Zebbug, directly parallel to Mdina Road, on
which they built their offices, a warehouse, and a store. The area
directly abutting onto Mdina Road is used as a parking area for
Plaintiff's clients. The Defendant occupies the property
adjacent to Plaintiff from which he operates a pizzeria. In the
dividing wall between the Plaintiff's and Defendant's
properties, the Defendant had a small aperture for a ventilator
overlooking the Plaintiff's
