Issue link: https://maltatoday.uberflip.com/i/1039277
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maltatoday | SUNDAY • 14 OCTOBER 2018
NEWS
Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered
on the 4th day of July, 2018, in the records of the Sworn Application in the names Nazzareno
sive Ronnie Zammit (ID 523350M) vs Raymond Mifsud (ID 201965M) et, Sworn Application
47l20l2lA,it was ordered that service upon Nazzareno sive Ronnie Zammit (ID 523350M) be
made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the laws of Malta .
By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the
names Nazzareno sive Ronnie Zammit (ID 523350M) vs Raymond Mifsud (ID 201965M) et on
the l4th day of May, 2018, Raymond Mifsud (ID 201 965M) respectfully submitted.
That the plaintiff Nazzareno sive Ronnie Zammit claimed as reproduced in the above mentioned
Application of Appeal.
That the defendants in their sworn reply pleaded as quoted in the said Application of Appeal;
That by a judgement entered on the 25th day of April, 2018, the Civil Court, First Hall non-
suited the defendant Yvonne Mifsud, rejected all the other pleas of the defendants and upheld
the claims of the plaintiff in toto, with court costs against the defendant;
... omissis ...
That the applicant felt aggrieved by the above-given decision and thus is humbly filing an appeal
there from before this Honourable Court. The grievances of the applicant are clear and manifest
and consist in the fact that the Court
of First Instance made mistakes of law and fact as will be explained hereunder;
That the evidence and facts of the case are summarised in the said Application of Appeal;
That the said Application of Appeal then deals with the plea on arbitration.-The Court of First
Instance rejected the plea on arbitration on the ground, according to the same Court, that this
plea was not raised in an earlier cause and he/ she who does not cooperate cannot plead that the
action is untimely! About the first reason ... omissis ... In any case, if in the previous proceedings
the applicant chose not to exercise any right he had, this does not mean that he thereby waived
any right ... omissis . The First Court also, stated that the applicant failed to cooperate to make
arbitration. With due respect, there is no evidence of this in the, records of the cause, and in
any case, is not the truth. The applicant never refused or otherwise failed to cooperate to make
arbitration as per the agreement between the parties . . . omissis .
That the abovementioned Application