Issue link: https://maltatoday.uberflip.com/i/1470553
maltatoday | SUNDAY • 12 JUNE 2022 15 LAW CLASSIFIEDS A judicial letter filed in terms of Article 166A of the Code of Organisation and Civil Proce- dure would be null if the claim concerns a traffic accident and it would not have been notified to the insurance company as required by law. This was held by Magistrate Dr Victor Axiaq in Mike Services Station Lim- ited -v- San Charles Aquilina. The judgement was delivered on 30 May 2022. Aquilina filed an application before the Magistrates Court asking it to declare that a ju- dicial letter filed by Mike Ser- vices Station Limited in terms of Article 166A of the Code of Organisation and Civil Proce- dure (COCP). Aquilina argued that the amount claimed was not certain, liquidate and due. The judicial letter did not have a clear explanation of the claim and was not notified in terms of Article 166A(3)(e). He further explained that that in Novem- ber 2019 he was giving tow- ing services to the Company by means of a recovery truck. The Company's vehicle could not reverse, and a rope had to be used. It was here that some damage was caused, and the company claimed €1630. The Applicant said that he does not know Maltese and when he re- ceived it ignored it. The Company replied to the application by stating that Aq- uilina, the Applicant, did not challenge the notification and there was no need to notify the insurance company. The com- pany accused the Applicant that he is abusing of the proce- dure laid down allowing a chal- lenge of the judicial letter. The Court analysed the law and quoted Article 166A(5) of the COCP, which reads: "(5) Any executive title ob- tained according to the provi- sions of this article in the ab- sence of any opposition on the part of the debtor shall be re- scinded and declared null and void if upon a request by ap- plication in the Court of Mag- istrates (Malta) or in the Court of Magistrates (Gozo), as the case may be, to be filed by the debtor within twenty days from the first service upon him of any executive warrant or other judicial act based on the said title, the court is satisfied that: (i) the debtor was unaware of the said judicial letter because he was not duly notified; or (ii) the judicial letter did not contain the requirements laid down in sub-articles (1), (2) or(3)" The Applicant is claiming that the sum claimed is not certain, liquid and due. The explained that a judicial letter under Article 166A is a sui generis judicial letter and has drastic consequences. It is not simply asking for payment, but if there is no opposition within 30 days, then the judi- cial letter is converted into an executive title. The criteria are that the claim must be €25,000 or less, the debtor must not be a minor and that the judicial letter must have a clear dec- laration on the reasons of the claim. As to the procedural cri- teria, the judicial letter must have a warning that if 30 days elapse the letter become an ex- ecutive title. The letter must be confirmed on oath, it must also be notified to the debtor. It must be notified to the in- surance company is the claim fall under the Motor Vehicles Insurance (Third Party Risks) Ordinance. As to whether the claim is cer- tain, liquid and due, the Appli- cant held that there is no agree- ment on the claim and that the declaration is unclear. All the was is a list of spare parts which were allegedly purchased. The Court disagreed with the Ap- plicant, as it deemed the decla- ration has clear. The law does not require great detail. As to whether the judicial letter was to be notified to the insurance company. The Mo- tor Vehicles Insurance (Third Party Risks) Ordinance stipu- lates that the insurance com- pany was to receive a copy of a claim, if it derives from a traffic accident and there is third par- ty damage. This was done to protect the insurance company and the assured. Here the ap- plicant was correct. The Court ruled that the judi- cial letter was null on the basis that the warning prescribed by the law was not complete. The Court then moved to up- hold Aquilina's application and declared the judicial letter as null and void. Insurance company must be notified with an Executive Judicial Letter, if it concerns an traffic accident LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SAN GWANN – Ironmongery as a going concern. Key money plus daily rent. For further information kindly contact 99474953. 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 - 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 having a front terrace over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility 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 apart- ments. 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; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES 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. NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT WANTED - Various job opportunities in a factory. We are looking for x6 Cleaners, x3 Storekeepers, x3 Packagers & x3 Drivers/deliverer. Persons must be responsible, enthusiastic and team players, who's willing to carry out their rolls in a professional and polite man- ner. Send email to sebastien@theother- breweryco.com HR PLUS - we require Labourers, clean- ers, waiters, kitchen hands, drivers, plas- terers, shop assistants, steel fixers, secu- rities and carers. All vacancies are on full-time basis. Each position entails being competent and responsible. Lower secondary level of education is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their cv to email: info@hrplusmalta.com DELIVERY DRIVER - required to work Full Time, flexible hours, fluent in English and holder of a full driver's license. Interested please call LOGIC International Ltd 21245982 SPA THERAPIST - required for a busy spa within a hotel in Naxxar. Must be flexible with hours on a rota full time and fluent in English. Experience required. Please contact The Village Boutique & Spa on 27988357 for more info. TEAM EUROPE LTD – we are look- ing to hire an Admin Clerk with a background in digital marketing on a full-time basis. Interested persons are invited to send their CV via email to accounts@teameuropeltd.com by not later than 31st May 2022. Experience is required. No agents please. THAI STREET FOOD COOK – Padthai Kitchen of Mosta is seeking the immedi- ate employment, on a full-time basis, of 3 Thai Street Food cooks. Their duties will include choosing the right ingredi- ents on the market, food preparation, and cooking of authentic Thai Street food dishes. The ideal candidates should be in possession of the appropriate cater- ing qualifications. In the absence of qualifications, a minimum of two years' experience is required, in a similar Thai restaurant working as a cook a salary of €9,600 per annum is being offered to the suitable candidates. Interested can- didates are to send their cv by email to padthaikitchen.malta@gmail.com with the words 'Thai Street Food Cook' by not later than Friday 24th June 2022. CLASSIFIEDS INFO @MEDIATODAY.COM.MT