Issue link: https://maltatoday.uberflip.com/i/1259447
15 maltatoday | SUNDAY • 14 JUNE 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 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 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 windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 SITUATIONS VACANT 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 specialised in colonic irrigation. For more info please call Village Concept on 99885352. TICKET SELLER - Captain Morgan Operators are looking to employ a tick- et seller, applicant must speak English and be able to work Weekends & Public Holidays. Please send a CV on elouise. zammit@fortelgrooupd.com CHEFS - Tikka Thai Street Food of Naxxar is seeking the immediate employment, on a full-time basis, of two Thai Food Chefs. Their duties will include choosing the right ingredients on the market, food preparation, and cooking of authentic Thai dishes. The ideal candidates should be in possession of the appropriate catering qualifica- tions. In the absence of qualifications, a minimum of five years' experience is required, in a similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suitable candidates. Interested candidates are to send their cv by email to piak@onvol.net by not later than 19th June 2020. CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general res- taurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifi- cations are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditions and Thai cuisine and have a minimum of six months' experience working in a similar environment. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the res- taurant (not cooking). A salary of €9,600 per annum is being offered to the suita- ble candidate. Interested candidates are to send their cv by email to piak@onvol. net by not later than 19th June 2020. 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 THE Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in a judgement delivered by Madame Jus- tice Joanne Vella Cuschieri on 5 June 2020 in Iris Cauchi et -v- Carmel Abela. The Cauchis filed a sworn application before the First Hall of the Civil Courts, in which they explained that they are the owners of land in Zejtun which is now being used as an animal farm. In 2013 they called on Abela to terminate the lease and therefore, they asked the court to order the defendant to vacate the premises since he is without a title. The defendant reacted by filing a statement of defence, the first two pleas concerned the lack of competence the Civil Courts have on the plaintiffs' claims. The Court pointed out that the plain- tiffs held that the land was first rented out as an agricultural property and this was later changed to the breeding of animals. The plaintiffs argued that the lease was no longer regulated by the Agricultural Leases (Reletting) Act but the new amendments of the Civil Code under Article 1525 and the Reletting of Urban Property (Regulation) Ordi- nance, which now falls under the Civil Court. The defendant argued on the other hand, that the lease is still an agri- cultural lease and therefore the compe- tent tribunal should be the Rural Leases Control Board. The Court went through the evidence produced before it. Jennifer Cauchi, on of the plaintiffs told the Court that she was always informed that Carmel Abe- la always bread animals in their prop- erty, although she visited the property around 5 times in her lifetime. The last time Abela paid was in 2004. The rent was in fact paid in court. The plaintiffs had sent a number of legal letters ask- ing the Defendant to vacate the prop- erty. The Court was shown a number of photos of the property and develop- ment permits. There was other evidence that the property was licenced for animals since 1988. The Abela family had rented the property for generations. The Abe- la family also insisted that the owners knew that the property was used to breed animals and never complained. The Court held that Agricultural Leas- es (Reletting) Act defines "agricultural land" as "any land which is mainly let for the growing of crops, flowers, fruit- trees or vines and for cognate agricul- tural purposes, including the erection of glass houses, cloches or cold frames, but does not include grazing ground." There seems to be an agreement that the property was used for the breeding of cows. Article 1525 of the Civil Code reads: "(1) A contract of letting and hiring, whether of things or of work and la- bour, may be made either verbally or in writing, provided that a contract of let- ting and hiring of urban property and of a residence and of a commercial tene- ment entered into after the 1st January, 2010 shall be in writing." The Reletting of Urban Property (Reg- ulation) Ordinance, sets up the Rent Regulation Board, which decides on all legal issues on urban leases, which includes residential and commercial leases including the possession of ur- ban property when the lease has been terminated. Other leases fall under the competence of the civil courts and in the case of rural these issues are decid- ed by the Rural Leases Control Board. On the other hand, disputes on the validity of a lease agreement should be decided by the civil courts. The Rent Board is to decide all claims relating to the maintenance of the prop- erty or its repair and damages, amounts due on utilities and much more. This Board has the power to order authori- ties to testify before it. But this Board is excluded from hearing rural cases. Then the Court compared the Mal- tese and English versions on the defi- nitions of commercial tenement and found that in both versions there is an emphasis that the property should be an urban property. If in this case the property qualifies as a commercial tenement as defined in Article 1525 of the Civil Code, then this court did not have jurisdiction to hear the case, once the plaintiff is asking to take possession back once the lease was terminated. Therefore, the issue hinges on wheth- er the property qualifies as a commer- cial property in terms of Article 1525. The land is used for the raising of cows and although there are a few rooms on the land the main use was for the ani- mals. The Court pointed out that urban means that the land is in a development area and therefore, predominantly built up. The land lies amongst fields and is not a urban area. However, the de- fendant argued that Article 1525 was amended after the action was filed in court. The transitory article held that the leases in force prior to I June 1995 and still in force on 1 January 2010, then the law applicable prior to 1 June 1995 will be applicable. The Rent Board regulated by the Reletting of Urban Property (Regulation) Ordinance will have exclusive jurisdiction on all is- sues concern rent of urban property, including commercial leases. Those cases pending on 1 January 2010 will be heard before the civil court. However, this particular case was filed in 2014. This lease was contracted before 1995 and was still valid on 1 January 2010. Therefore, the civil court had jurisdic- tion to hear and decide the case. The court then moved to reject the plea of lack of competence and ordered that the case continue. Civil Court has competence to hear issues dealing with commercial rural leases LAW Classifieds LAW CLASSIFIEDS