Issue link: https://maltatoday.uberflip.com/i/1382687
maltatoday | SUNDAY • 13 JUNE 2021 19 NOT any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Or- ganisation and Civil Procedure. This was held in Pawla Zerafa et v Raymond Formosa et decided on 20 May 2021 by the First Court of the Civil Courts presided by Judge Joanne Vella Cuschieri. The Plaintiffs had told the Court in their sworn applica- tion the Defendants had in- stituted an action Raymond Formosa et v Michael Zerafa et in 2006 since Formosa al- leged that Zerafa were illegal- ly occupying their property in Zawri Lane in Pieta'. Zerafa made reference to a 1987 contract where he had purchased 27 square meters of Zawri Lane. Formosa had purchased properties in the same areas in 1979, 1982 and in 2001. Zerafa, in their application made reference to both the Court appointed architect's report and the judgement of the First Hall of the Civil Courts in the abovementioned action, held that Formosa owned 87 square meters. This was confirmed by the Court of Appeal. The Zerafas concluded that the issue between the two families has not been resolved and that the Formosas built a wall in their property inZawri Lane. The Zerafas asked the Court to indicate which part of Zau- ri Lane is this and to order the removal of any construction built on their land. The Defendants, Formosa, held that this issue had been decided by the Court of Ap- peal in a previous case be- tween the two families. In a preliminary judgement on 28 February 2014 which confirmed that the issue con- cerning the property's title was res judicata and therefore, de- cided by another court judge- ment. This was confirmed by the Court of Appeal. The Court made reference to the Parties' submissions and pointed out that the Plaintiffs attempted to raise the issue again on the title of the prop- erty of Zawri Lane irrespective of the fact that this issue was decided on a couple of times. Zerafa argued that the Court made a mistake and that in this case Raymond Formosa admitted that Zawri Lane is not his. The Zerafa submitted that once there was this declara- tion the Court had to recon- sider its position. The Court disagreed in that the action is not a retrial. The Court has a number of judgements before, it where the court established that this property belongs to the Formosas. The Court held that if the Plaintiffs felt that they had a case of trial due to new evi- dence, or else any other cause for retrial under Article 811 of the Code of Organisation and Civil Procedure, then they have a right to proceed ac- cording to law. However, they cannot expect that this takes place in this action. The Court then is limited in investigating whether the For- mosas built anything on the Zerafas property. In fact the Court appointed an architect and a lawyer as its experts. The Court appointed archi- tect who concluded that after seeing the judgements and the contracts, all construction works were carried out in the property of the Defendants, Formosa. This was seconded by the Court appointed legal expert. The Court also analysed plans and photographs submitted and also came to the same conclusion. The Court quoted Article 434 of the Civil Court, which reads: "434. Every person may con- struct any wall or building on the boundary-line of his ten- ement, saving the right of the neighbour to acquire co-own- ership of the wall as provided in article 418." The Court then moved to up- hold the Defendant's pleas and reject the Plaintiffs claims. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT If one wants to file an action for a retrial, the appropriate procedure must be used HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. 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Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai tra- ditions and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the cho- sen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). The salary of €5 is being offered to the suitable candidate. Interested candidates are to send their cv by email to padthai- kitchen.malta@gmail.com with the words "CASHIER / GENERAL ATTENDANT" as subject by not later than Wednesday 30th June 2021. CML COMPANY LTD - requires labour- ers, cleaners, waiters, kitchen hands, driv- ers, plasterers, shop assistants, steel fixers and security. All vacancies are on a full- time basis, job entails being competent and responsible. Lower secondary level of education is required and availability to work weekends and public holidays. Attractive remuneration package is availa- ble. Interested parties are to apply by send- ing their CV to email: shawn.caruana@ cscretail.com OZOGROUP LTD - is seeking to recruit an individual to work at as a Logistics Officer. The chosen candidates should speak/write fluently in English. Experience will be an asset. To apply send a detailed CV to careers@ozogroup.com OZOMALTA LTD - is seeking to recruit an individual to work at as a Ticket Inspector. The chosen candidates should speak/write fluently in English. To apply send a detailed CV to careers@ozogroup.com OZOMALTA Ltd - we are seeking to recruit individuals to work as a Public Relations Manager, a Back End Developer and a Front-End Developer. The chosen candidates should speak/write fluently in English. Experience will be an asset. To apply send a detailed CV to careers@ ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care 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@signal8securitymalta.com.mt SNF OPERATORS - we are seek- ing to recruit staff for the positions of Watersports jetty helper. Please send an email on info@sunfunmalta.com 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' experi- ence in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SUSHI CHEF - Padthai Express of Paola is seeking the immediate employment on a full-time basis, of a Sushi Chef. His/ her duties will include choosing the right ingredients on the market, food prepara- tion, and cooking of authentic Japanese food dishes. The ideal candidate should be in possession of the appropriate catering qualifications. In the absence of qualifica- tions, a minimum of five years' experience is required, in similar Japanese restaurant working as a chef. A salary of €9,600 per annum is being offered to the suitable can- didate. Interested persons are to send their CV by email to padthaikitchen.malta@ gmail.com with the word "Sushi Chef " as the subject, by not later than Wednesday 30th June 2021. THAI FOOD CHEF - Padthai Express of Paola is seeking the immediate employ- ment on a full-time basis, of a Thai Food Chef. His/her duties will include choos- ing the right ingredients on the market, food preparation, and cooking of authen- tic Thai Food dishes. The ideal candidate should be in possession of the appropriate catering qualifications. In the absence of qualifications, a minimum of five years' experience is required, in similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suitable candidate. Interested persons are to send their CV by email to padthaikitch- en.malta@gmail.com with the word "Thai Food Chef " as the subject, by not later than Wednesday 30th June 2021. VIDI LTD – We are seeking the services of bartenders, food servers and kitchen help- ers on a full-time basis. Applicants must be Maltese or English speaking. Apply by sending an email to admin@vidi.com.mt WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates