Issue link: https://maltatoday.uberflip.com/i/1243341
15 maltatoday | SUNDAY • 3 MAY 2020 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 OTHER EUROCEM - Reference is made to our Request for Quotation that was pub- lished on 5th February 2020. Kindly note that the deadline to receive any offers for such requests for quotations for 1 in no. store vertical storage termi- nal for dry powders is being extended to the 30th September 2020. Further details including the technical specifications may be requested via email on in-fo@ eurocemalta.eu. Interested parties may also call on +356 27203061. Quotation is to be provided in Eur (€). Any quota- tions received after deadline will not be considered. EUROCEM - Reference is made to our Request for Quotation that was pub- lished on 5th February 2020. Kindly note that the deadline to receive any offers for such requests for quotations for a number of tipper semi-trailers with a total permissible weight of a minimum of 39 tons of grav-el is being extended to the 30th September 2020. Further details including the technical speci-fications may be requested via email on info@ eurocemalta.eu. Interested parties may also call on +356 27203061. Quotation is to be provided in Eur (€). Any quota- tions received after dead-line will not be considered. 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 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 apart- ments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed win-dows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT CONCRETE SHUTTER - Danzah lim- ited is looking to employ individuals, as Concrete Shutter. the Ideal Candidate should be in possession of the appropri- ate qualifications or equivalent, in lieu of a minimum of 3 years experience as a Concrete Shutter and steel fixer are a must. The Con-crete Shutter may also have to make necessary purchase orders, assist the foreman and team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1000 gross monthly. Email a CV to infodan- zah@gmail.com OZOPROPERTY is seeking to recruit individuals to work as an Administration Clerk. To apply send a detailed cv to careers@ozogroup.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. 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 WHEN a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is pur- chased. This was decided by the Court of Appeal, on 27 March 2020, presid- ed by Chief Justice Joseph Azzopardi and Justices Joseph Micallef and Tonio Mallia. This judgement concerned a warrant of eviction in Raymond Auto Dealer Limited -v- Giuseppe Magro. This was an appeal from a decree issued by the First Hall of the Civil Court deliv- ered on 7 February 2020. In this decree the Court turned down Magro's request to revoke the warrant of eviction from a property in Qormi. In the proceedings Magro argued that he rented the premises since 1984 and that the fact that the property was sold by Court auction to Raymond Auto Dealer Limited, should have been sold with him as a tenant. The company moved for the warrant as it had an ex- ecutive warrant, following a judgement of 17 February 2016 which ordered the judicial sale of the property. The judi- cial sale took place in June 2018 and the company deposited the money in court. When the court marshal went to enforce the warrant, Magro refused to leave. A fresh application was filed for the Court to order that Magro be forci- bly removed from the premises. The first court in its judgement ex- plained that the warrant of eviction was upheld on 12 July 2019 and Gi- useppe Magro was ordered to vacate the Hal Qormi property. The com- pany had filed an application in court for the property to be sold by judicial sale, after the Court had held that the property cannot be physically divided. Magro is trying to have the warrant of eviction revoked, as he is arguing that he was not ordered to vacate the prop- erty and that the terms of his 1984 lease would have been breached. This action was filed in terms of Article 281 of the Code of Organisation and Civil Proce- dures. The company complained that Magro did not file his claims, although he had a number of opportunities to present these in the previous actions. Neither did he appeal the previous judgment that ordered the judicial sale. The Company argued that Article 281 of the Code of Organisation and Civil Procedure (COCP) is not intended for the Court to delve into the merits of the case. On the other hand Magro presented the rent book, showing that he has been paying rent. However, in a previous judgement Raymond Auto Dealer Ltd -v- Carmelo Magro et, decided on 17 February 2016, which decided that the Hal Qormi property cannot be divided between the parties and therefore, it has to be sold by licitation. The request for the eviction of Magro took place after the judicial sale in June 2018. The First Court quoted from Edward Pavia -v- Michael Sultana et decided on 5 May 2005, which dealt with Arti- cle 281. This article allows a warrant to be challenged if there is a defect in the form, as in the case of the warrant be- ing issued by the wrong court, or in the event of a mistake being found in the forms that are used. The First Court then held that it can- not enter any longer into the validity of the lease, since this is beyond the scope of Article 281 of the COCP and there- fore, it turned down the request to re- voke the warrant of eviction. Magro appealed this decree, arguing that the warrant could not be issued, since it was not supported by a valid ti- tle at law, since the court did not order him to vacate the premise. The only or- der that was given was that the property must be sold by judicial sale. The Com- pany rebutted this by saying that the lease Magro is basing his action on was not accepted in a judgement. Therefore, this issue has been settled by the court. However, the Court of Appeal was faced with another application, asking it to stay until another action filed by Magro instituted as few days prior, is decided. This new action was filed be- fore the Rent Regulation Board, asking it to decide that he has a valid title. This application was turned down, since the present application concerns the valid- ity of the warrant. These are two differ- ent points of law and apart from this the Court has a time limit in which it had to decide the application. The Court of Appeal held that Article 281 allows someone to attack a warrant if it is filed before the wrong court or else has an incorrect formality and these are the parameters the Court of Appeal is bound to investigate. The application is asking for the warrant to be revoked and not suspended. A suspension may be requested in terms of Article 156 of he COCP. The Court of Appeal held that Magro is arguing that the warrant is invalid be- cause the judicial sale took place in June 2018, while the request for him to be evicted was filed in 2019. However, the Court did not agree with this argument. Article 357 of the COCP stipulates that the person who takes over a property purchased by judicial sale may evict the person possessing the same property within a year. In this particular case, the company took action well before the year passed. Therefore, the company took action within time and when it had an executive action. The first court had no option but to uphold the request to issue a warrant against Magro. The Court of Appeal then moved to reject the appeal. No need to ask for premises to be vacated, immediately after Court auction LAW