Court Notices published in Government Gazette no 21,483 of 7th August 2025

By means of a decree given by the Civil Court, First Hall (Constitutional jurisdiction), on the 28th May, 2025, in the records of the Sworn application number 195/2025LM, in the names: Antoine Zammit née Cutajar et vs State Advocate 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 Antoine Zammit née Cutajar (750953M) et vs State Advocate et filed in the Civil Court, First Hall (Constitutional jurisdiction) on the 28th May, 2025, the applicant asked this Honourable Court to:

1. Declare and decide that in regard to the applicants the facts abovementioned and the operations of Article 5 et sequitur of Cap. 158 of the Laws of Malta and Act X of 2009, with the operations of the laws in force, gave an indefinite right of relocation to the lessee Joseph Borg for the lease of the premises that is 57, Zammit Flats, Flat 2, Triq il-Għasel, Ħal Qormi; and this in violation of the fundamental rights of the applicants as sanctioned inter alia in the First Article of the First Protocol of the European Convention (First Schedule of Cap. 319 of the Laws of Malta), and thus for the reasons above exposed and those which shall result during the pleadings of this application, the applicants are to be given all the remedies that this Honourable Court deems fit in the circumstances;

2. Declare and decide that the respondent State Advocate is responsible for compensation and damages suffered by the applicants as a consequence of the operations of Cap. 158 and Act X of 2009 of the Laws of Malta for not keeping a balance and a ratio between the rights of the owners and those of the lessee Joseph Borg because the rent payable in terms of the effective laws does not reflect the market nor the rental value of the property in question also in terms of law;

3. Liquidate the same compensation and damages as suffered by the applicants, also in terms of law;

4. Condemn the respondent State Advocate to pay the same compensation and liquidated damages in terms of law, with legal interest from the date of filing of the present application till the date of effective payment.

With all costs against the respondents who are from now summoned so that a reference to their evidence be made.

The Sworn Application number 195/2025LM in the names mentioned above is postponed to 5th November, 2025, at 10.50 a.m.

Notification Respondent: Joseph Borg (437661M), 57, Zammit Flats, Flat 2, Triq il-Għasel, Ħal Qormi

GABRIEL MANGION

For the Registrar, Civil Courts and Tribunals