Issue link: https://maltatoday.uberflip.com/i/1431464
maltatoday | SUNDAY • 22 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 purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amen- ities and located in the commer- cial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with coun- try views. Although the property is currently being used as offices, there is the possibility of convert- ing to two apartments and a pent- house with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer fin- ished 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 windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; inverter air conditioners including solar water heater. Being sold fur- nished. Own airspace with possibil- ity 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 SPARKLE SERVICES LTD for domestic and commercial cleaning services Call 79707734 SITUATIONS VACANT MARCO ASTROLOGO – we are looking to employ a Laboratory Assistant and a Laboratory Cleaner on a full-time basis. Interested persons are invited to send their CV via email to marcoastrolo- go@hotmail.com by not later than 29th November 2021. No Agencies Please. HR PLUS - we require labourers, cleaners, waiters, kitchen hands, drivers, plasterers, shop assistants, steel fixers, securities and carers. All vacancies are for full-time basis, job entails being competent and respon- sible. Lower secondary level of edu- cation is required and availability to work on weekends and public holi- days. Interested parties are to apply by sending their CV to email: info@ hrplusmalta.com MASSAGE THERAPIST - Siam Wellness Centre located in St. Julian's is currently seeking a Thai Massage Therapist for immediate employment. Three years' experi- ence is essential. Good salary for the right applicant. Kindly send us detailed CV by email to: rmbt051@ gmail.com ROOM ATTENDANT - required to work in a luxury boutique hotel in Naxxar. Full-time, flexible hours on a roster system. Must be fluent in English. Call: 99885352 for more info. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of enter- tainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8secu- ritymalta.com.mt TONI&GUY - Are recruiting staff as receptionist and accounts clerk/ cashier. Also hiring manicur- ists and beauticians. Please apply with CV @ info@toniandguy. com.mt TONI&GUY - 249, Rue D'Argens Gzira. Contact: 21338264 - 21310020 WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paint- ings, gold & silver items etc. Call on 21310238, 99246632. Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued. This was held by the Family Court presided by Mr Justice Neville Camilleri in Mary Sal- iba -v- Charles Saliba. The de- cree was delivered on 17 No- vember 2021. Charles Saliba filed an appli- cation for the eviction warrant issued by Mary Saliba to be suspended and revoked. Mary Saliba replied by stating that the judgement delivered by the Court is executive ti- tle and in this judgement, two garages were assigned to her. Therefore, she was entitled to issue a warrant of eviction against Charles Saliba. The judgement is final and enforceable. She also claimed that she never renounced to her share of the community of acquests. The Court analysed the evi- dence brought before it. Both parties were married and separated by a judgement of the Court of Appeal on 25 May 2012. The Court held that Charles Saliba was to blame for the separation and Mary Sali- ba was assigned two garages in Marsascala. The parties signed a private writing on 24 Febru- ary 2014 where it was agreed that the husband would pay his estranged wife over €44,000 and the maintenance was to change. As to the claim that the war- rant should be suspended, Mr Justice Camilleri quoted from a previous judgement in the names of Bank of Valletta plc -v- Antoine Vassallo et which held that Article 276 of the Code of Organisation and Civil Procedure allows a warrant for the enforcement of an execu- tive title not to be suspended. As to whether the warrant of eviction may be revoked, the Court looked at caselaw. In Victor Fenech et -v- Anthony Fountain et decided on 30 No- vember 2012, the Court held that Article 281 of the Code of Organisation and Civil Proce- dure (COCP), stipulates that a warrant may be revoked if there is a defect in form, such as if it was issued by the wrong court. In Victor Fenech -v- An- thony Fountain et on 20 June 2012, explained that Article 281 of the COCP is a special procedure that allows the rev- ocation of a warrant for a valid reason at law. This valid reason is when there are defects in the acts of the warrant. If the items seized in terms of the warrant are not of the debtor, and has no effect on the warrant is there is no prejudice. To attack the validity of a warrant one would have to institute a new action in court. When in 2006, there was an amendment to Article 281 to include the notion that an- other party may be interested in revoking the warrant, them the reasons for such revocation were widened. The Court entered into the issue of the article of law pri- or to Article 281 of the COCP. It was numbered 283A. In Ed- ward Pavia v Michael Sultana the Court held that it was not the intention of the legislator to allow that warrants of exec- utive titles be attacked or re- voked or the merits of the case. The warrant may be attacked if it is issued by the wrong court or else there is an error in the form. With regard to the case in hand the separation judge- ment assigned to garages to Mary Saliba and what her husband is asking is to re- open the issues once again. The Court further quoted from another decree in Mario Mi- callef v Angele Micallef decid- ed on 20 November 2013 held once a final judgement is de- livered and the merits of the case are decided. The Court cannot become a Court of revi- sion on the merits of the case. The Court must be careful not to change what was decided by the Court treating the case. The Court agreed with this and held it would not enter into the issues of separation between Mary and Charles Sal- iba. The caselaw does not allow the warrant to be suspended and revoked. The Court then moved to dis- miss Charles Saliba's demands. Warrants enforcing executive titles may be challenged in very limited cases LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT