Issue link: https://maltatoday.uberflip.com/i/1226904
11 maltatoday | SUNDAY • 29 MARCH 2020 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed win-dows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ACCOMMODATION CARETAKER - Pionext Ltd. offers you challenging full time (40 hours per week) positions in a friendly team: 2 are available now; 5 will be from June 1, 2020. Requirements are: Good computer skills (Word, Excel, Skype, etc.), English (upper-intermedi- ate), Russian & Ukrainian (upper-in- termediate, to communicate with sup- port team abroad). Duties will include: Cleaning, check-ins & check-outs, maintaining quality of the proper- ties located in Sliema and St Julians. Salary is €800 month gross. Phone: 356 27781174 or Email: info@pionext.com CLEANERS - JF Ser vices Staffing Ltd is recruiting Full Time Cleaners to perform routine duties in clean- ing, dusting furniture, emptying bins and ensuring cleanliness and hygiene. Interested candidates must possess a minimum of three years' experience. Applicants must communicate effec- tively in English. Gross Weekly Wage: Euro 179.33. Interested candidates are to send their CV application to recruit- ment@jfgroup.com.mt DRIVERS - Mangion Bros (Zurrieq) Ltd of Triq il-Belt Valletta, Zurrieq, specialising in building con-struction is recruiting experienced and English speaking, DRIVER: BULLD OZER AND MECHANICAL SHOVEL and DRIVER: HEAVY VEHICLE to work with the company. Full Time role. Involves out-door work. Annual Gross Salary starting Euro 9600. Apply by calling 21 649 590 or visiting us at our plant. IBESEEN MALTA LTD – we have vacancies for waiters, cleaners and help- ers in offices, hotels, hos-tels, guest- houses and other establishments and for Construction Labourers. Applicants must have minimum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plus- plus.eu L AB OURERS & STEELWORKERS - Thomas Azzopardi Construction is looking for full-time Labourers & Steelworkers to work on various con- struction sites. The applicants can apply by sending their CV to thomasazzo- pardiconstruction@gmail.com LIVE-IN NANNY - We are looking for a professional nanny that will take care of our childcare needs. We need someone who is mature and capable of entertaining the children, whilst pay- ing crafts and singing nursery songs. Interested candidates can forward their CV to ga-leagayle@gmail.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be spe-cialised in colonic irrigation. For more info please call Village Concept on 99885352. SUNAMGONJ LTD - has vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other establishments and for Construction Labourers. Applicants must have min- imum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates A warrant of prohibitory injunction may be issued once that the three (3) elements are all adhered to. This was held in a decree issued by Mr Justice Joseph Zammit McKeon presiding the First Hall of the Civil Court in Pierre and Sonia Tanti -v- Simon and Lucienne Zammit. This was delivered on 20 March 2020. The applicants, the Tantis, asked the Court to block any sale or any type of transfer of a berth in Msida Creek, Msida. The defendants did not oppose the facts of the case, but objected that the warrant of prohib- itory injunction be issued purely on legal considerations. In the proceedings, Dr Austin Gau- ci Maistre, company secretary of the Creek Development Limited, the op- erator of the marinas in Ta' Xbiex and Msida, had testified. He explained that if a person needs a berth, he or she would have to apply to the com- pany. The company will then issue the rates and if accepted a contract is drawn up. All berths are issued on a temporary basis, with a limited time period. This would be subject to re- newal. There is a distinction between berths which were given by the Trans- port Malta, before the company took over the operation of the marina and those berths given by the company. In the former case, the contract stat- ed that the berths were automatically renewed, only when the berth holder decided not to renew it. In these cas- es, if a boat is sold, it may be sold on its own or else with the berth. In this latter case, the company would need a copy of the sale of the boat. The vendor and purchaser would go the company's offices and assign the as- signment. Boats sold with berths are more expensive, than without. The berth in question is one which was given by Transport Malta in the past. Mr Justice Zammit McKeon, re- ferred to Article 873 of the Code of Organisation and Civil Procedure, which reads: "873. (1) The object of a warrant of prohibitory injunction is to restrain a person from doing anything whatso- ever which might be prejudicial to the person suing out the warrant. Inquiry of court. (2) The court shall not issue any such warrant unless it is satisfied that such warrant is necessary in order to preserve any right of the person suing out the warrant, and that prima facie such person appears to possess such right." Therefore, a Court is prohibited from issuing a warrant if is not pro- tecting the rights of the applicant and the level of evidence required is pri- ma facie, meaning on the face of it. The third element is that if the Court does not issue the warrant the preju- dice cannot remedied. Case-law, has discussed all the el- ements of a precautionary warrant. In Grech pro et noe -v- Manfre, the Court of Appeal held that the prima facie is an objective notion and not subjective, depending on the judge's discretion. According to Xuereb noe -v- Hi- li noe, decided by the Commercial Court on 22 September 1994, the need to file a precautionary warrant should be in exceptional circumstances. Furthermore, the procedure to have a precautionary warrant confirmed should be done summarily and this is why the law sets short time limits. The parties are not asked to produce all the evidence concerning the mer- its of the case, but merely that there exists a right. As to the merits of the application for the warrant, the Court analysed the contract between the parties. In the where the spouses Zammit bound themselves to sell the boat togeth- er with the pontoon at no charge. This had to take place within three (3) years. There is not contestation that money was exchanged and that there was a sale of a boat. The only defence that the Defendants put up was that the agreement was null and void, since the underlying agreement was illicit and prohibited at law. The Court held that it would not discuss and decide on the merits of wheth- er the agreement was null and void, however, it concluded that there is a right to protect until these proceed- ings are concluded. Furthermore, the Court noted that the applicants are not asking for dam- ages, but for the dependants fulfil its contractual obligations, meaning the transfer of the berth. As to whether if the warrant is not issued there will be no remedy, the Court was also satis- fied, since if the berth is transferred, then the applicants' right would be unenforceable. The Court then moved to uphold the request to issue a warrant of pro- hibitory injunction for the transfer of the berth. Warrant upheld once it is satisfying all the requests LAW