Court Notices published in Government Gazette no 21,424 of 21st April 2025

By means of a decree given by the Civil Court, First Hall (Constitutional Jurisdiction), on the 26th of March, 2025, in the records of Sworn Application number 58/2025ISB, in the names: Anne Sultana vs Anthony Grech et, the following publication was ordered, in terms of Article 187 et sequitur of Cap. 12, for the purpose of service of the respondent. 

By means of an application in the names: Anne Sultana (286258M) vs Anthony Grech (74543M) et presented in the Civil Court, First Hall (Constitutional Jurisdiction) on the 19th of February, 2025, the applicant asked this Honourable Court to:

1. Declare and decide that the provisions of Cap. 199 of the Laws of Malta, in particular but not limited to, Articles 3, 4 and 14 of the same Cap. 199 are granting an indefinite right of relocation to the respondent Anthony Grech for the field known as ‘Tal-Ħerbux’, which is located within the limits of Żurrieq measuring a total of 8,829m.s., which field has no frontage to public roads or passages and borders on the winds of property of unknown third parties, which belongs to the same applicant who reclaims possession of the said property;

2. Consequently, declare and decide that the fundamental rights of the applicant to the enjoyment of her property, namely the field known as ‘Tal-Ħerbux’, which is located within the limits of Żurrieq measuring a total of 8,829 sq.m., which field has no frontage to public roads or passages and borders on the winds of property of unknown third parties as protected by Articles 37 and 39 of the Constitution of Malta and by Article 1 of the First Protocol to the European Convention and also by Article 6 of the same Convention, are being infringed and thus grant her the remedies she deems appropriate in the situation including the restitution of the field in question;

3. Declare and decide that the respondents or any of them are liable for compensation and damages suffered by the applicant as a consequence of the operations of Act XVI of 1967 or Cap. 199 of the Laws of Malta which did not create a fair balance between the rights of the owners and that of the tenants, given that they do not reflect the market nor the rental value of the property in question, and this in terms of the law;

4. Liquidate the same compensation and pecuniary and non-pecuniary damages as suffered by the applicant in terms of the law;

5. Condemn the respondents or any of them to pay the same compensation and damages so liquidated, with legal interest of 8% per annum until the date of effective payment.

With all costs against the respondent who is from now summoned so that a reference to his evidence be made.

The Sworn Application number 58/2025ISB in the above-mentioned names is adjourned to the 7th of July, 2025, at 9,30 a.m.

Notify Respondents: Anthony Grech (74543M), 9, Maninu, Flat 1, Triq it-Tin, Bubaqra, Żurrieq ZRQ 2471

GABRIEL MANGION

For the Registrar, Civil Courts and Tribunals