1 March 2019 – El Español
A small victory (bringing the total to two) for Riu Hotels in the fight for ownership of the commercial space in Edificio España. The judge has dismissed the precautionary measures that the Baraka group, owned by the Murcian businessman Trinitario Casanova, requested to prevent the registration of the property in the name of the hotel group.
The magistrate has rejected the claim on the basis that there is no evidence, “in a clear and unequivocal way, of the relationship that must necessarily exist between what is claimed in the lawsuit and what is recorded in the Property Registry”. Specifically, Baraka requested that the inscription in the registry should include a note establishing the existence of a dispute over the ownership status.
The objective of that measure is to ensure that any possible investor in the commercial space knows that problems may arise in the future regarding the ownership. Nevertheless, the magistrate considers that the group owned by Trinitario Casanova has not proved its ownership of those spaces in the correct way.
Baraka is going to appeal
Specifically, and according to explanations provided by the group, there is a discrepancy between its lawyers and the judge because the lawsuit against the hotel firm was made directly by Baraka’s parent company, rather than by the company that the group used to purchase Edificio España (and which was subsequently transferred to its parent company ahead of the sale to Riu).
This is the second time that the courts have rejected Baraka’s requests, which in the opinion of Riu Hotels is good news. “We are continuing to work to open Hotel Riu Plaza España in the summer of 2019”, said the group in a statement to this newspaper.
The decision by the judge will be appealed by the Baraka group (…) and the Murcian group is convinced that it is in the right.
Original story: El Español (by Arturo Criado)
Translation: Carmel Drake