A company developing land in St Julian's yesterday filed a judicial protest in the Civil Court against Eric and Mariella Fenech Pace.

Bajja Developments Limited claimed it was developing a site destined for the construction of the Bajja Hotel at St Julian's.

The Fenech Paces had obtained a warrant of prohibitory injunction against the company prohibiting it from carrying out any excavation works on the development site on the grounds that the requisite distances established by law were not being observed.

The company declared that Mariella Fenech Pace had confirmed on oath that the works were causing her and her husband to sustain damages.

But the company declared that it was not carrying out excavation works but was merely removing some 60 centimetres of soil from the site in order to build a wall to strengthen the existing rubble wall.

The company also denied that respondents were sustaining damages.

It claimed that it was sustaining damages as a result of the action taken by the Fenech Paces, for the construction project had been delayed, and the company was exposed to penalties imposed by third parties.

It added that it had offered to replace the existing rubble wall with a more solid structure, but its offer had been refused by the Fenech Paces.

The company held respondents liable in damages and declared that it could not be held responsible for the stability of the rubble wall as a result of the Fenech Paces' intransigence.

Dr Michael Sciriha and Dr Aron Mifsud Bonnici signed the protest.