Court Notices published in Government Gazette No. 20,991 of 17th January 2023

By means of a decree delivered by the Constitutional Court on 7th November, 2022, in the records of Appeal Application number 273/2020 in the names Juan Miguel sive Miguel Xuereb (ID32679M) and Giuliano sive Julian Sciberras (ID 736237M), and by means of a decree of 12th April, 2022, due to the death of Giuliano Sciberras in the course of the proceedings the records of the proceedings were transfered onto the name of Michelle Doreen sive Doreen Xuereb as his universal heir vs The State Advocate and Simon Falzon (ID 107567M), it ordered the following publication in regard to the said Simon Falzon pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.

Whereas by means of an appeal application filed on 4 July 2022 by Juan Miguel sive Miguel Xuereb (ID32679M) et in the names above mentioned, the appellants submitted that they felt aggrieved by the judgment in the names cited above and delivered on 16th June, 2022, and are therefore interposing this humble appeal. Whereas the grievances of the applicants as appellants are: 1) the First Honourable Court made an incorrect assessment of the evidence because it relied on what was stated in the first two clauses of the private deed of lease dated 30th June, 1986, between the owners and the tenant, where it was declared that the property was being rented out as decontrolled; 2) in the humble opinion of the appellants the First Honourable Court erred when it limited itself in its competence and jurisdiction simply to the competence of the First Hall of the Civil Court and not the broad one of the First Hall of the Civil Court in its Constitutional Jurisdiction since a constitutional court has all the faculties to grant different remedies than those requested by the complainant.

Therefore, the appellants, while referring to the records of the proceedings, and reserving to make all the observations they deem appropriate and to produce all the evidence admissible at law at this stage, respectfully request that this Honourable Court revokes, deletes and annuls the judgment with the cited names, Constitutional Application Number 273/2020 TA decided on 16th June of the year 2022 delivered by the Honourable First Hall of the Civil Court (Constitutional Jurisdiction), upholds this humble appeal by the appellant applicants and consequently liquidates compensation for the damages suffered by the appellant applicants.

With the costs of the two instances against the respondents or any one of them.

The Appeal Application in the names Juan Miguel sive Miguel Xuereb et vs. Giuliano sive Julian Sciberras, Application number 273/2020 is deferred for hearing to January 16, 2023, at 9.05  a.m.

Notification:     Simon Falzon, Apparell, Triq il-Fuxa, San Ġwann

Registry of the Constitutional Court (Appeals, Superior), this day 12th January, 2023

DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals

135

By a decree of the 27th October, 2022, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by GasanMamo Insurance Limited (C3143) et on the 9th July, 2021, is asking for the withdrawal of the amount of two thousand nine hundred and forty nine euro and twelve cents (€2949.12) deposited by the Schedule of Deposit number 1744/2021 in the names of:

GasanMamo Insurance Limited (C3143) et and Dione Darmanin (ID 580390M)
The Court ordered the notification to the counter party with two (2) days to file a reply.

Registry of the Courts of Magistrates (Malta), today Thursday, 12th January, 2023

GAETANA AQUILINA
For Registrar of Courts and Civil Tribunals