Issue link: https://maltatoday.uberflip.com/i/1426475
maltatoday | SUNDAY • 7 NOVEMBER 2021 19 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purpos- es. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, compli- menting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front ter- race overlooking the main street and the back balcony with coun- try views. Although the property is currently being used as offic- es, there is the possibility of con- verting to two apartments and a penthouse with terrace. The property is being offered free- hold. Asking price: €760,000. Call on:79899838. 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 bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and win- dows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usu- al first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own air- space with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta. com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT KITCHEN HELPER - Made in Sicilia Restaurant are seeking to employ a Kitchen Helper on full time basis. Experience and Italian language is required. Interested persons are invited to send their CV via email: vin- cenzadiliberto.81@gmail.com by not later than 4th November 2021. No agencies please. RO OM AT TENDANT - required to work in a luxury boutique hotel in Naxxar. Full- time, flexible hours on a ros- ter system. Must be fluent in English. Call: 99885352 for more info. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling posi- tions 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@signal8security- malta.com.mt STEEL FIXER - required full time to work 6 days a week at a minimum wage, experience required, must speak fluent English, interested? Call Danijel 77620902. TONI & GUY - Are recruiting staff as receptionist and accounts clerk/cashier. Also hiring mani- curists and beauticians. Please apply with CV @ info@toniand- guy.com.mt TONI & GUY - 249, Rue D'Argens Gzira. Contact: 21338264 - 21310020 VACANCY - we are looking for a hard-working person to work in an ICE Factory in temper- atures of -30 degrees Celsius. Minimum wage from Monday to Sunday with 2 days off. If you are interested, please con- tact owner on: sales@godwins- diamondice.com WANTED COLLECTIBLE items such panini albums and loose stick- ers, old postcards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. THE Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not provided in the law and is used in exceptional cases. This was held in No Deposit Cars Malta Limited -v- Ina Gherghel and Gosmin Paul Gherghel de- cided on 1 November 2021 by the Magistrates Court presided by Magistrate Dr Rachel Mon- tebello. In this case the applicant company No Deposits Cars Malta Limited filed a debt recovery case against the defendants for the sum of €13,260, which sum repre- sented a hire purchase of a vehicle. The Defendants filed a state- ment of defence and amongst a number of pleas, they held that they had instituted an ac- tion before the First Hall of the Civil Court, asking the court to rescind the hire purchase agreement. The Defendants asked the court to first wait for the outcome the validity of the agreement. In fact, the Magistrates Court dealt with this plea first. The company argued that the suspension of a court case which is waiting for the out- come of another case is not contemplated in the law and there are not exceptional cir- cumstances that allow this. The Court quoted from a su- perior courts' judgement Do- ris Catania -v- Evelyn Farrugia decided on 9 December 2015, which held that the suspen- sion of one case for another may be allowed in exceptional circumstances when both cas- es cannot be heard at the same time. For example, in constitu- tional cases, the ordinary courts may suspend proceed- ings until the constitution- al court gives its judgement. This is not found in the Code of Organisation and Civil Pro- cedure. It is for this reason the Court has the discretion to allow this to take place only if there is a valid reason. In another judgement Inte- grated Capabilities (Malta) Limited et -v- Crowd Shout Holdings Limited et decid- ed on 31 October 2016, the Court held that a case would be suspended until another is decided when the outcome of one case depends on the other case. Such suspension is only used if it assists in the better ad- ministration of justice. Magistrate Montebello held that the case instituted by the Defendants in May 2021, and therefore before that of the applicant company, No De- posits Cars Malta Limited had filed this case in June 2021. In the former case the Gh- erghel are trying to annul the hire purchase agreement on the ground that their consent was vitiated by fraud. In this case, No Deposit Cars Malta Limited are asking the court to condemn the defend- ants to pay the debt arising from the same hire purchase agreement. Therefore, it is es- sential that before, the courts decides whether the Defend- ants in this case owe mon- ey to the company, the court decides whether the hire pur- chase agreement is valid at law. Therefore, one case de- pends on the outcome of the other case. The Court disagreed with the Applicant company, which ar- gued that this plea was in fact based on lis alibi pendens (a lawsuit pending elsewhere), since the two court cases do not have the same object. One is for the payment of a debt, while the other is to annul a private writing. Neither is the case concern- ing the connection of actions as regulated in Article 793 of the Code of Organisation and Civil Procedure, since the ac- tions were filed in two differ- ent courts. One was presented before the Magistrates' Court, while the other was present- ed before the First Hall of the Civil Courts. The Court concluded that it would be correct for it to wait for the outcome of the oth- er case filed and deferred the case without a date. Suspension of court case in order to wait for another court case is exceptional LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT