Court Notices published in Govt. Gazette No. 20,933 of 3rd October 2022

It is hereby notified that by a decree issued on the 12th of August 2022 issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the records of sworn application number 42/2017 in the names Joseph Sant et -vs- Noel Farrugia, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Noel Farrugia of Vitorja Flat 9, Triq taʼ Karkar, Xagħra, Gozo, and this in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

Application of the plaintiffs as represented by the plaintiffs Joseph Sant (ID 18968M) and Laura Sant (ID 10667G) of 176, Triq Papa Gwanni Pawlu II, Victoria, Gozo;

With respect:

That in virtue of a decree given on the 14th April 2021, this Honorable Court appointed Architects Alexei Pace, Edward Scerri and Valerio Schembri as additional experts in this case, and through this reference they issued an alternative report to that issued by the original expert regarding the leasing value of the property in question.

That, however, a fact that was overlooked by everyone was that through a note presented on the 31st October 2019, a copy of which is being attached as X, the defendant Farrugia had renounced to his right to demand the appointment of additional experts.

That therefore, the additional experts were appointed by mistake, because of this overlooked note, and consequently the report of the same additional referees should not remain in the acts.

Therefore, the plaintiffs respectfully request this Honorable Court to revoke contrario imperio the decree given on the 14th April 2021, while also extracting the report of the additional experts presented on 14th September 2021.

That through a decree given on 5 May 2022 by the Court of Magistrates (Gozo) Superior Jurisdiction General Section, in the same acts of the indicated sworn application, notification to the counterparty with four daysʼ time was ordered for the replay.

Daniel Sacco

Deputy Registrar for the Registrar

Courts and Tribunals (Gozo)

By decree delivered by the Court of Appeal (Inferior Jurisdiction) on 23 May 2022, in the records of Appeal Application No. 13/2022 in the names Abdel Halim Ibrahim (KI 487695(M) and Budget Service Limited (C-1285) vs The Planning Authority and the called in suit “In-Sight Investments Limited" ordered the following publication in terms of section 187(3) et sequitur of Chapter 12 of the Laws of Malta.

By means of Appeal Application No. 13/2022 in the names Abdel Halim Ibrahim (ID 487695(M)) and Budget Service Limited (C-1285) vs The Planning Authority and the called in suit “In-Sight Investments Limited", the appellants Abdel Halim Ibrahim (ID 487695(M) and Budget Service Limited (C-1285) filed an appeal before the Environment and Planning Review Tribunal wherein they objected to the issuance of permit number PA/02819/20, which was granted on 15 April 2021 in favour of the respondent company.

Whereas in virtue of a decision of the Environment and Planning Review Tribunal, dated 1st March 2022, it rejected the appellantsʼ appeal and confirmed the permit as issued in PA/2819/20. The appellants raise two grounds of appeal: (i) the regularization of permit RG 4109/18 should never have been authorized because the procedure was lacking in one of the important and mandatory requirements before the regularization permits could be granted and (ii) the appellants do not agree with the conclusions of the Environment and Planning Review Tribunal when it concluded that nothing has changed from the substance of the regularization permit.

Therefore, the appellants whilst making reference to the evidence produced and reserving the right to produce all the evidence allowed by law, respectfully request that this Honourable Court of Appeal revokes the aforementioned decision of the Environment and Planning Review Tribunal of 1 March 2022 in the aforementioned names, and instead decides by upholding the appellantsʼ request and revokes the permit issued by the Planning Authority bearing number PA/02819/20.

Appeal Application No. 13/2022 in the names Abdel Halim Ibrahim (ID 487695(M) and Budget Service Limited (C-1285) vs The Planning Authority et is deferred to the nine (9) November 2022 at 9:15 am.

Notification: Budget Service Limited - C 12855 - Ex BOV office, Park Towers Mall,

Triq G. Borg Olivier, San Ġiljan

Dr. Franco Bondin LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Inferior Juridiction) on 25th July 2022, in the acts of Appeal Application No. 20/2015 in the names North Services Limited (C18689) vs Meir Assolunie (K.I. 42820A) ordered the following publication pursuant to Article 187(3) et sequitur of Chapter 12 of the Laws of Malta.

By means of Appeal Application No. 20/2015 in the names North Services Limited (C18689) vs. Meir Assolunie (ID 42820A), the appellant Meir Assolunie (K.I. 42820A) filed an appeal on 13th June 2022 after having premised that he felt aggrieved by a judgment in the mentioned names, dated 24th May, 2022, delivered by the Rent Regulation Board and filed this appeal since the appellantʼs five grounds of appeal are clear and manifest, and consist of the following: (i) the said Board acted extra petita when it granted rent arrears in the form of damages; (ii) the termination was not unilateral but there was enough evidence to show that the appellant company had renounced the lease; (iii) since a contract is law between the parties, there is nothing therein about such termination (iv) the principle of inademplenti non est ademplentum (iv) the said Board committed a mistake when it granted part of the costs of the garnishee order mentioned in the original application to the same respondent.

Therefore, the appellant, while making reference to all the evidence brought before the Rent Regulation Board, humbly requests that this Honourable Court annuls, revokes and cancels the judgment given by the said Board, in the aforementioned names dated 24 May 2022, and consequently, after upholding his appeal, it dismisses the requests of the respondent company, and this under those provisions which it deems appropriate and opportune. With the costs of the two instances against the appellant company.

Appeal Application No. 20/2015 in the names North Services Limited (C18689) vs Meir Assolunie (K.I. 42820A) is deferred to the twelve (12) October 2022 at 10:00 am.

Notification: 12, Triq l-Gholjiet, Mellieħa, Malta

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals​