Issue link: https://maltatoday.uberflip.com/i/1466490
maltatoday | SUNDAY • 1 MAY 2022 15 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SAN GWANN – Ironmongery as a going concern. Key money plus daily rent. For fur- ther information kindly contact 99474953. XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. 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, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor hav- ing a front terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibil- ity of converting to two apartments and a penthouse 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 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 windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charg- es. Call on 21322452 SITUATIONS VACANT ASIAN PALACE CATERING LTD - vacancies available for a part time kitchen cleaner for 20 hours weekly for MALTESE/ECA/SWISS Nationals these hours may include weekends and public holidays. Also there is a vacan- cy for full time bar cashier. Phone 27811888 or 99504694. CLEANER - to work full time on a roster in a busy restaurant in Naxxar. Must be fluent in English, flexible with hours and be able to work weekends and public holidays. Own transport is also needed. Please call 99885352 The Village Kitchen Ltd for more info. FO OD KINGDOM LTD – we have vacancies for a part time waiter/wait- ress for 20 hours weekly. Also, there are vacancies for a restaurant cashier, Asian Food Chefs and Sushi Chefs. A full-time position is available for a Restaurant Manager. Hours include weekends and public holidays. Phone 27833888 or 99504694. G A Enterprises & Co Ltd – we have vacancies for the following positions – 1) picker and packer, 2) deliver y person/helper, 3) cleaners and house keepers, 4) store assistant. Experience considered an asset for selection. Send your CV to: g.a.enterprisesltd@gmail. com or call on: 20991182 STUDY FIRST EUROPE LTD – we are looking to recruit a CEO to lead the firm to success. Interested appli- cants must have at least a BA or MBA Qualification and previous experience and knowledge are considered as assets. Fluency in the English Language is a must. Interested applicants are to send an email to marie-kristin.fischer@stu- dyfirsteurope.com. No Agents please VIDI LTD - We are seeking the ser vice of waiters, cleaners and shop attend- ants on a full-time basis. Applicants must be English speaking and have 6 months of experience in the job they are applying in. Apply by sending an email with your CV to admin@vidi. com.mt THE parties to a case cannot file another action if they are identical. This was held in Mal- ta Association of Professional Engineers v Bord tal-Professjo- ni tal-Inġinerija et on 26 April 2022, by the First Hall of the Civil Court presided by Mr. Justice Robert Mangion. The members of the Profes- sion of Engineers Board raised the plea that this action is iden- tical of a previous action. The Court delivered its judgement limited to this plea. The Defendants held that the plea of lis alibi pendens was raised since there is another lawsuit in the same names but before Judge Miriam Hayman. This plea refers to Article 792 of the Code of Organisation and Civil Procedure. The Association disagreed with this plea but proposed that the two actions be heard to- gether. The Court quoted from the Italian jurist Simone who wrote in his book Diritto Processuale Civile explained that the plea takes place when two identical actions are presented before different judges and therefore the law prescribes that one should be eliminated. In Anatoli Reznikov et v Nikolai A. Kotivov pro et noe decided by the Commercial Court on 24 March 1994 which held: "The plea is somewhat parallel with the plea of exceptio rei ju- dicatæ. Just as a suit cannot be decided upon more than once, so also there cannot be at the same time more than one judi- cial relation between the same persons on the same merit, be- cause this would imply a plu- rality of decisions on the same issue. The effect of the plea of litis pendentia in the words of sec- tion 792 of the Code of Organ- ization and Civil Procedure is that the court before which the second action is brought may order the suit to be remitted to the first court. In fact, doctrine and case law in the matter are to the effect that it is in fact mandatory for the court to declare its own in- competence ex officio if such plea is founded, in spite of the use of the word 'may' in the said section quoted herein. The essential condition for this plea is the identity of the two actions which results from the identity of all the elements thereof, i.e. the parties, the sub- ject matter and the case of the demand." This plea may be raised ex of- ficio by the Court if it learns of the second action since this is an issue of a public order. The element of this plea is that the parties to the two cases are the same, the subject matter of both cases are the same and the third element the claims of both cas- es are identical. As to the parties to the cases, the Court confirmed that they are identical. The Court had ad- mitted MCAST to intervene in statu et terminis. Our longstanding jurispru- dence shows that when a party intervenes in a lawsuit, it would not actually be a party. This was held in the Court of Appeal on 7 May 2014 in Ruth Brincat v Aw- torita' tal-Ippjanar and Magri et v Market Intelligence Servic- es Co. Ltd. decided on 20 May 2009. Therefore, although MCAST was allowed to intervene, the Parties of this case is identical to the other. As to whether the two actions have the same subject matter, this means that the merit of the two cases must be identical and not simply similar. Neither does this mean that the outcome of one case may have an effect on the second case. When the subject matter is identical, then if one case is de- cided before the other then, in the second one could raise the res judicata plea, meaning that the dispute has been already de- cided. In the other case before Judge Miriam Hayman, the case is with regard the fact that the Plaintiffs were not consulted on new legislation on the En- gineers' Act and therefore, in breach of the Proportionality Test Before Adoption of the New Regulation of Professions Act, 2020. However, in this case is with regard to the same breach of the same Act, after there were changes to the MCAST engi- neering course. Therefore, the two actions concern the lack of consulta- tion as required by law. Howev- er, the lack of consultation is in regard two separate issues. One is on the Engineers Act, the oth- er is on the engineering court at MCAST. There is a connection between the two, but they are not iden- tical. On this ground the Court rejected the plea and ordered that the case to continue. Court cases cannot be repeated only if they are identical LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT