Manilva Costa’s appeal rejected

May 4th, 2011

Manilva Costa S.A. (MC) has seen it’s appeal rejected by the Malaga Appeal Court on similar grounds to those of the Court of First Instance. The ruling judges maintaned the following:

  1. That Ocean View Properties’  (OVP) presence was not required as a defendant, since they were acting agents for MC and therefore, their intervention in the judicial action was irrelevant for which the exception of “joint defendant litigation” was dismissed.
  2. That the fact these contracts were not signed by MC was equally irrelevant, particularly where they had ratified them, as was proven it Court. It then goes on to insist that any discrepancies between OVP and MC in respect of the contracts were unopposable to the claimant by virtue of it being a relationship alien to him.

The biggest mistake MC made, according to the appeal judges, was to have summoned the buyers by using a registered letter with ackowlegdement of content (“burofax”), starting off with a “Dear Buyer…”, as quotes the ruling. 

And now, the big question any succesful claimant has in mind: where do we go from here? That is an interesting one considering that MC has most, if not all, properties mortgaged and little equity can be found in them. Its now time to turn to private investigators…

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