Issue link: https://maltatoday.uberflip.com/i/1489264
maltatoday | SUNDAY • 1 JANUARY 2023 11 LAW CLASSIFIEDS A warrant of prohibitory in- junction will only be issued by the Court when the condi- tions outlined in the Law are cumulatively satisfied. This was outlined in the judgement Simone Schembri vs CSJ Lim- ited decided by The First Hall, Civil Court on 09th December 2022. The Court was presided over by Judge Audrey Demico- li. The applicant was in the process of acquiring a com- mercial yacht from the de- fendant and already paid a partial sum for the purchase of the said yacht. However, the director of the defendant company refused to appear for the contract be- cause he wanted the payment to be made in his name and not in the name of the company. The plaintiff did not accept this because ultimately, the yacht is the company's prop- erty and not personally his. Mr Schembri decided to file a judicial letter whereby he gave the company two days to appear on the contract for the transfer of ownership of the yacht and to hold the company liable for damage and loss he is suffering or may suffer. He then decided to present an application before the Court to issue a warrant of prohibi- tory injunction to prevent the defendant company from as- signing or selling the yacht. In it's reply, the defendant company stated that the War- rant of Prohibitory Injunction was null because it did not fol- low the form, which is estab- lished in the law, and that it should have been a warrant of seizure because the elements of a warrant of prohibitory in- junction were not satisfied. The Court quoted Article 873 from the Code of Organ- isation and Civil Procedure which states that "the object of a warrant of prohibitory in- junction is to restrain a person from doing anything whatso- ever which might be prejudi- cial to the person suing out the warrant. The court shall not issue any such warrant unless it is satisfied that such warrant is necessary in order to preserve any right of the person suing out the warrant, and that pri- ma facie such person appears to possess such right." Thus, the Court outlined that there are three elements that must be satisfied for it to issue a warrant of prohibitory in- junction. Firstly, the Court must ex- amine whether there is proof to show that the applicant has any prima facie right. Secondly, the Court must be convinced that the warrant is necessary in order to protect the rights which the applicant claims to have. Lastly, the Court must be convinced that what the appli- cant is asking for, that the re- spondent company is inhibited from doing, may cause preju- dice to him in the event that the warrant is not issued. It expressed that these ele- ments leading to the issuing of the warrant are cumulative. Therefore, if one of the con- ditions is absent, the Court is obliged to reject the applica- tion because it uses a restric- tive interpretation. The issuance of warrant of prohibitory injunction is con- sidered to be an exceptional and extraordinary procedure because it is issued at a point in time when the claim has not yet been legally ascertained. Furthermore, the Court must determine whether the act be- ing carried out by the respond- ent company is prejudicial to the prima facie right of the applicant, before issuing the warrant. The prejudice that the appli- cant would suffer if the war- rant was not issued has to be irremediable for the Court to order the issuance of a warrant of prohibitory injunction. In this judgement, the Court outlined that Mr Schembri's application lacked vital infor- mation that could have shed further light on his position. He failed to include the in- voices which show that he had partially paid for the yacht and did not provide the Court with any documents showing that the defendant company actu- ally owns the yacht. Therefore, the Court con- cluded that the first condition for the issuance of a warrant of prohibitory injunction was not satisfied because the applicant failed to prove to the Court that he has a prima facie right. Subsequently, it refused to order the issuance of the war- rant of prohibitory injunction since the conditions outlined in the law were not cumula- tively satisfied. Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT HOLIDAY ACCOMMODATION MARSALFORN, Gozo - hol- iday apartments for short or long lets with magnificent sea-views. C all 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premis- es in prime site to let. Can be used for other commercial purposes. Phone 79493021, 7 9 4 2 6 8 8 3 , 7 7 4 8 1 5 9 2 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into desig ner f inishe d s e cond f loor apartment in a cen- tral 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. TAR XIEN - Larger than usu- al first floor duplex maison- ette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heater. Being sold fur- nished. O wn airspace with possibility of further devel- opment. Contact owner on 99912005/99450639. SERVICES C OLLECTIBLE items such panini albums and loose stick- ers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badg- es, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT C L E A N E R / H E L P E R - Blokrete Ltd, Lija requires a cleaner/helper on a full-time basis. The ideal candidate must have previous experi- ence and be ready to work flexible hours. Apply info@ blokrete.com.mt