Malta Catholic Action goes to Court to take possession of a house which was bequeathed to it

L-Azzjoni Kattolika Maltija (Malta Catholic Action) opened a Court case to gain possession of a house in Birkirkara which an elderly man left to them in a will on the condition that it is used to extend Dar Sagra Familja in Naxxar (photo). The man also stipulated the condition that first, he would be allowed to reside at the care home if he needs to do so.

The Court heard how Emanuel Farrugia, who died in 2007, left his house in Triq Notabile, which includes a garden, a garage and air space, to the Azzjoni Kattolika.

In his will, Farrugia said that he was promised a single bedroom with an ensuite bathroom at Dar Sagra Familja at the price of Lm9.50 daily in the case he feels the need to be in a care home.

Farrugia’s nephews and nieces, who are his heirs, said that l-Azzjoni Kattolika did not keep its word because it had refused to give their uncle the room they promised him when he was in need, and instead it had requested a lot of money.

On its part, l-Azzjoni Kattolika denied that it had refused to take Farrugia in at their care home and said that he had always insisted that it was not yet time for him to be admitted as a resident there.

The Court, presided over by Judge Joanne Vella Cuschieri, considered that Farrugia had fallen ill suddenly and was recovering in hospital.  She also took into consideration that Farrugia’s relatives never made direct contact with the care home to verify if their uncle really was denied a place at the home.

After listening to the testimony describing Farrugia’s reserved character, the Court said that it was more plausible that he did did not want to go into the care home, but did not wish to tell his nieces and nephews this.

The court therefore ordered that within two months, Farrugia’s family have to pass the house on to l-Azzjoni Kattolika, as stipulated in the will, and appointed a lawyer to appear on behalf of the relatives in the case they are not present for this act.