Issue link: https://maltatoday.uberflip.com/i/1491702
maltatoday | SUNDAY • 5 FEBRUARY 2023 15 LAW CLASSIFIEDS THE Court must be satisfied that the minority of co-owners of a property will not be prej- udiced with the sale of their property by the majority of the co-owners. This was held in Raymond Zisa et -v- Dr Jo- seph P Bonnici et noe, decided by the First Hall of the Civil Court on 1 February 2023. The Court was presided over by Judge Anna Felice. The Plaintiffs filed an appli- cation explaining that the par- ties to the case are co-owners of a property in Marsa. The Plaintiffs own 92.7% of the property; the Defendants own the balance, 3.6%. The Plain- tiffs would like to sell the prop- erty and identified a buyer for €100,000. This sale is to the benefit of all the Parties to the case, and therefore, they would like to proceed with the sale in terms of Article 495A of the Civil Code. Dr Bonnici was acting as a Curator, since the two other Defendants cannot be found. The Court held that Article 495A of the Civil Court allows the Court to sell the proper- ty when the majority of the co-owners want to sell and the minority does not want to sell capriciously. The Article states: "(1) Except in cases of con- dominium or necessary com- munity of property, where co-ownership has lasted for more than three years, and none of the owners has insti- tuted an action before a court or other tribunal for the par- tition of the property held in common, and the co-owners fail to agree with regard to the sale of any particular proper- ty, the Court shall if it is sat- isfied that none of the dissi- dent co-owners are seriously prejudiced thereby, authorise the sale in accordance with the wish of the majority of co-own- ers regard being had to the val- ue of the shares held by each co-owner. (2) The request to the Court shall be made by application which shall be accompanied by a declaration of the owners who agree to the sale as well as a prospectus showing the num- ber and value of the shares held by each of them as well as the terms and conditions under which the sale is to take place. The application shall also in- dicate the date on which the co-ownership arose and the circumstances thereof A caselaw has established the principles of law when inter- preting this Article. In Aloysius Farrugia -v- Dr Josette Sultana et noe decided on 31 May 2017, the Court held that the law lays down a simple procedure for property held in common may be sold. Article 495(5) allows the dissenting co-owners to object, but they have to show that they will suffer prejudice. In another judgement, David Abela noe -v- Dr Simon Mi- callef Stafrace decided on 20 June 2011, held that the law provides for a forced sale and, therefore, places parameters in order to avoid abuse. A Court of Appeal decided on 27 Janu- ary 2017 in Richard Vella Lau- renti -v- John Vella Laurenti, interpreted the term prejudice to mean "manifestly unfair". In this application, the Court looked at the conditions for the sale of the property and that the price seemed to be advan- tageous for all. The promise of a sale agreement is standard, and there are no conditions that put any of the parties at a disadvantage. Furthermore, the Court was satisfied with the title. This was pointed out in Joseph Giuliano et -v- Avukat Dr Victor Bugeja et noe; decid- ed on 30 June 2020. The Court then moved to or- der the sale of the property as requested by the Plaintiffs. Majority co-owners may sell property if all conditions are fair LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SHOP TO LEASE - Class 4 B 60 sqm corner shop to lease in San Gwann. Key money €49,888 and €40 a day rental. Call on 79703404. 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- 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 bed- rooms 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; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, med- als, militaria, coins and paper mon- ey, books, toys, stamps, badges, paint- ings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT OFFICE ASSISTANT - Pro Finishes Ltd are looking for office assistant with knowledge of the Serbian lan- guage. A salary of €11,000 per annum is being offered to the suitable candi- dates. Interested candidates are to send their CV by email to info@profinish- esltd.com SIGNAL 8 -Signal 8 Security Malta Ltd. requires filling the following positions 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@signal8securitymalta. com.mt TAXI DRIVERS - IRIDE Malta Limited has vacancies for taxi driv- ers. Applicants must have minimum of two / three years' experience. Fluently speaking English and other languages. Hourly rate from Eur5.00. Interested applicants may send email to sunnyab- dilla@yahoo.com. The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the majority of the co-owners