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Court Notices published in Govt. Gazette No. 18,970 of the 28th September 2012
01/01/2012
Notice 1574
1574IT is hereby notified for general information that the following person has been appointed Acting Executive Secretary of that Local Council with effect from the 18th September, 2012:
Local CouncilActing Executive Secretary
Ħal GħargħurKurt Guillaumier
28th September, 2012
Notice 1575
1575By a decree of the 25th April, 2012, given by the Civil Court First Hall, the Court 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 an application filed by Lombard Bank Malta plc on the 19th April, 2012, it is being asked for the approval of the compensation made by the schedule of set-off filed contemporaneously, numbered 579/12, in the judicial sale by auction numbered 32/07 in the names: Lombard Bank Malta plc vs USA Boats et.
KEVIN CARUANA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1576Republic of Malta
To the Marshall of the Court
By means of a decree by this Court, on the 26th March2012, following a request of Adv. Sarah Galea noe, it was ordered that Deputy Curators be chosen to represent the absent consegnetary Eurl Cegiu Import-Export, in the records of the Sworn Application number 269/12 MCH, in the names Adv. Sarah Galea noe vs Deputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Adv. Sarah Galea as special mandatary of the foreign company Kabushiki Kaisha Asics which under the name Asics Corporation vsDeputy Curators to represent the absent consegnetary Eurl Cegiu Import–Export, on the 21st March 2012, the applicant nomine humbly asked this Honourable Court:
1. To declare that the objects consisting in sport shoes on which there is the symbol called ‘Device ‘(onitsuka tiger) which are presently under the authority of the Comptroller of Customs after he suspended the release of the container with number GESU 6908520 containing the said shoes are counterfeitand contravene the rights of intellectual property of the applicant company Asics Corporation as regards its trademarks mentioned in the application.
2. Order the Comptroller of Customs to dispose of the said shoes outside the channels of Commerce, in such a manner as to preclude any damage to the applicants or order the Comptroller of Customs, to destroy those shoes in any case without any compensation and at the expense of the respondents.
3. Order that the respondents are to bear all the expenses in connection with the measures ordered in the second and third demands of the applicants, including the transport expenses for the said shoes ...omissis... from the place of storage till that of eventual destruction, including all the expenses incurred for the destruction of the said shoes.
With costs, against the respondents summoned so that a reference to their evidence be made.
List of Witnesses.
List of Documents.
Service: 36, Archbishop Street, Valletta.
Deputy Curators: Courts ofJustice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1577
1577IT IS BEING NOTIFIED that by a decree dated 10th September, 2012 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry presided by Magistrate Dott Miriam Hayman (Compilation number 777/2006) in the case:
The Police
(Inspector Norbert Ciappara)
Versus:
ISAAC ANTHONY UGOCHUKWU UNIGWE, 32 years, son of Clement and Cecilia nee Changi, born in Nnewi (Nigeria) on the 1st February, 1979 and residing at Winchester Court, Flat 2, Triq l-Istamnar, Qawra, holder of passaport (Federal Republic of Nigeria) number A3344051A issued on 20th January, 2006.
And in the case (Compilation number 252/2010):
The Police
(Inspector Pierre Grech)
Versus:
ISAAC ANTHONY UGOCHUKWU UNIGWE, 32 years, son of Clement and Cecilia nee Changi, born in Nnewi (Nigeria) on the 1st February, 1979 and residing at Winchester Court, Flat 2, Triq l-Istamnar, Qawra, holder of passaport (Federal Republic of Nigeria) number A3344051A issued on 20th January, 2006.
ACCEDED to request made by the accused under the following conditions:
1. That a new separate bank account is opened in the name of accused for the purpose of receiving future social security benefits;
2. Orders the unfreezing of all social security benefits deposited in Bank of Valletta account number 4001319551, in favour of the applicant;
3. All future and previously held social security benefits should not exceed the amount of €13,976.24.
The attachment orders were published in the Government Gazette of 22nd August, 2006 and of the 18th September, 2012 respectively.
Joseph Sacco
Registrar, Criminal Courts and Criminal Tribunals (Malta)
Notice 1578
1578IT IS BEING NOTIFIED that by a decree dated 21st September, 2012 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dott. Doreen Clarke, LL.D.) compilation number 957/2012 in the case:
The Police
(Inspector Jesmond J. Borg)
(Inspector Malcolm Bondin)
(Inspector Raymond Aquilina)
Versus:
WILDER LOPEZ GARCIA, 40 years, unemployed, son ofOrlando Lopez Moreno and Adiela neé Garcia De Lopez, born in Colombia on the 23rd August, 1972 and residing at 41, Broadway Flats, Flat 3, Triq ir-Rebbiegħa, Buġibba and holder of a Colombian Passport bearing number EP 027453.
ORDERED the attachment in the hands of third parties in general all monies and other moveable property due or pertaining or belonging to Wilder Lopez Garzia and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Joseph Sacco
Registrar, Criminal Courts and Criminal Tribunals (Malta)
Notice 1579
1579By means of a decree given, by the Civil Court (Family Section) on the 9th July 2012, in the records of the Sworn Application, Gosibat Nadia pro et noe vs Gosibat Ahmed, application number 252/08 AL, the following publication was ordered for the purpose of service of the defendant in terms of Article 187(3) of Cap. 12.
By means of an application filed in the Civil Court (Family Section) in the records of the Sworn Application number 252/08 AL, on the 23 rd May 2012, the applicant humbly pleaded;
That the respondent failed to appear and present his evidence during the sittings before the Judicial Assistant Dr Nadia Vella;
That saving a note of submissions the applicant concluded the proof and wished that this Honourable Court put off the cause for judgement;
Thus the applicant humbly asks this Honourable Court so that:
1. it declares the proof of the defendant concluded;
2. it authorises the applicant to file a note of submissionsby fixing a term and
3. put off the cause for judgement.
Applicant: 12, ShanaDoo, Flat 2,
Triq il-Vlontin,
Birkirkara.
The Sworn Application number 252/08 AL, in the names Nadia Gosibat vs Ahmed Gosibat, has been put off for hearing to the 14th November 2012, at 9.15 a.m.
Adv. Frank Portelli , LL.D.
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1580Republic of Malta
To the Marshall of the Court
By means of a decree by this Court, on the 28th November 2011, following a request of HSBC Bank Malta plc, it was ordered that Deputy Curators be chosen to represent the unknown owners of the directus dominius and sub-utile dominium in the records of the Schedule of Deposit and contextual redemption of groundrent in the names ‘HSBC Bank Malta plc vs Deputy Curators’ and in the relative and subsequent acts.
By means of a Schedule of Deposit and contextual redemption of groundrent filed in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Deputy Curators appointed to represent the unknown owners of the directus and sub-utili domini of the garage with the name Churchill, Parish Priest Mifsud Street, Ħamrun, on the 24th November 2011, the applicant respectfully pleaded:
That the applicant possess the garage with the name Churchill, Parish Priest Mifsud Street, Ħamrun (contract attached Doc. HSBC 1).
That the applicant wants to redeem the groundrent burdening the said premises;
That the said property is subject to groundrents or rather annual and perpetual sub-groundrent according to the attached Doc. HSBC 2).
That the applicant wishes to avail herself of the faculty granted by article 1501 of the Civil Code (Cap. 16 of the Laws of Malta).
That the applicant wishes to deposit the sum of €24.23 representing laudemia due to the emphyteutae.
That the sum of €22.94 capitalised at the rate of 5% amounts to €458.80 (see Doc. HSBC A).
That in virtue of the same Schedule they are depositingthe sum of €114.70 representing groundrents due for these last five years regarding the same property (see Doc. HSBC A) in terms of Article 2156 of the Civil Code (Cap. 16) of the Laws of Malta.
Thus the applicants call upon this Court and under its Authority pass on to deposit the global sum of €597.73 out of which €24.23 are laudemia due, the sum of €114.70 five years groundrent in arrears due and deposited in terms of Article 2156 ofCap. 12 of the Laws of Malta and the sum of €458.80 as redemption of groundrent and this so that this sum be given to the respondents after they leave the due reciept according to law.
Notify: 1) Adv.
2) PL
as Deputy Curators, Courts of Justice, Valletta.
(separate service).
3) Director Public Registry,
Merchants Street,
Valletta.
(2 services)
4) Land Registrar,
Casa Bolino, 116, West Street,
Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon Mr Justice Joseph R. Micallef, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1581
1581By decree given by the CIVIL COURT, FIRST HALL on 31st August, 2012, on the application of AGIUS NORBERT, Tuesday, 2nd October, 2012 at half past eleven (11.30 a.m.), has been fixed for the SALE BY AUCTION, to be held in the FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
Apartment on the first floor number one (1), in a block of flats named ‘Spring Field Apartments’ in Triq it-Tgħam, Mellieħa valued at €70,000.
The said tenement is the property of Charles Abela (I.D. 82679M) pro noe.
N.B. The said tenement will be sold as described in the acts of file number 37/12.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1582Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 26thMarch2012, followinga request of Adv. Sarah Galea noe,it was ordered that Deputy Curators be chosen to represent the absent consegnetary Bea Constantine and n-notify party Eurl Bougherra Andelghani Import-Export, in the records of the Sworn Application number 297/12 MCH, in the names Adv. Sarah Galea noe vs Deputy Curators, and in the relativeand subsequent acts.
By means of a Sworn Application, filed, in the First Hall Civil Cout, in the names Adv. Sarah Galea as special mandatary of the foreign company Nokia Corporation vsDeputy Curators to representthe absent consegnetary Bea Constantine of 050, Algeria and n-notify party Eurl Bougherra Andelghani Import-Export of 56, Cite Sissaoui Groupe B Bloc A, Constantine, Algeria for any interest they may have, on the 21 st March 2012, the applicant nomine humbly asked this Honourable Court;
1. To declare that the objects consisting in a total of (25,000) mobile phone batteries mentioned on which there is the community trademark number 003430246 and the community design bumber 000169743 and which were imported into Malta or were temporarily imported ..omissis.. and which are presently which are presently under the Authority of the Comptroller of Customs, after he had suspended the release of thecontainer number CMAU1473743 containing thethe said mobile phone batteries are counterfeit objects according to Article ...omissis... of the Laws of Malta contravene the rights of intellectual property of the applicants as regards their trademarks, mentioned in the application.
2. Order the Comptroller of Customs, to dispose of the said merchandise outside the channels of Commerce in such a manner as to preclude any damage to the applicantsor order the Comptroller of Customs, to destroy this merchandise in any manner without any compensation and at the expense of the respondents.
3. Order that the respondents are to bear all the costs in connection with the measures ordered in terms of the second and third demands of the applicant companies, including transport expenses ...omissis... from the place of storage till the eventual destruction of the merchandise.
With costs, against the respondents, summoned so that a reference to their evidence be made.
List ofWitnesses.
List of Documents.
Service: 36, Archbishop Street, Valletta.
Deputy Curators: Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr. Justice Joseph Zammit Mckeon, LLD. Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1583
1583By a decree of the Small Claims Tribunal of 25th June 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) of Spencer Hill, Marsa, MRS1950,filed a Claim, on the 5th March 2012, whereby they asked the Tribunal to condemn Ozbert Cassar (I.D. 36378M) ofCinco, Triq il-Forn, Sqaq Nru 3, Lija, to pay the plaintiff company the sum of €337.70 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 178/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1584
1584By decree given by the CIVIL COURT, FIRST HALL on the 3rd September, 2012, on the application of BANK OF VALLETTA PLC, Tuesday, 11th December, 2012 at 10.30 a.m., has been fixed for the SALE BY AUCTION, to be held ON THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
1. Penthouse, internally marked number 4, overlying garages unnumbered and named ‘Bridge End, in Olive Street, The Gardens, St. Julians, including its airspace and one fourth (1/4) share of the common parts of the same block, subject to annual and perpetual groundrent of €18.47, valued at €190,000.
2. Garage numbered two (2), forming part of a complex of five (5) garages, found on the basement level, in Olive Street, The Gardens, St. Julians, including one fifth (1/5) share of the common parts and the ramp, subject to annual and perpetual groundrent of €18.47, valued at €18,600.
3. Garage numbered five (5), forming part of a complex of five (5) garages, found on the basement level, in Olive Street, The Gardens, St. Julians, including one fifth (1/5) share of the common parts and the ramp, subject to annual and perpetual groundrent of €18.47, valued at €28,000.
The said tenements are the property of GROUP C LTD AND EDWARD ELLUL (I.D.612847M).
N.B. The said tenements will be sold as described in the acts of file number 63/09.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1585
1585By a decree of the Small Claims Tribunal of 25th June 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) ofSpencer Hill, Marsa, MRS1950,filed a Claim, on the 7th March 2012, whereby they asked the Tribunal to condemn Sean Patrick Mclaughlin (I.D. 43303A) of 14, Triq Gio Felice Inglott, Pembroke to pay the plaintiff company the sum of €344.32 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 188/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1586
1586By a decree of the 25th April, 2012, given by the Civil Court First Hall, the Court 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 an application filed by Lombard Bank Malta plc on the 19th April, 2012, it is being asked for the approval of the compensation made by the schedule of four thousand and on e hundred and eighty euro (€4,180), in the judicial sale by auction numbered 32/07 in the names: Lombard Bank Malta plc vs USA Boats et.
KEVIN CARUANA
For the Registrar, Civil Courts and Tribunals
Notice 1587
1587By a decree of the Small Claims Tribunal of 20th October 2010, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Brands International Ltd (C7764) of125, Naxxar Road, B’Kara, filed a Claim on the 20th May 2010 whereby they asked the Tribunal to condemn Fabrizio Faniello (I.D. 218781M) of42, Casa Faniella, Triq id-Dragun, Qormi, to pay the plaintiff company the sum of €840.76 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 669/10YMS) is put off on the 10th October 2012 at 12.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1588
1588By means of a decree given on the 27th June 2012, by the Rural Leases Control Board, in the records of the Application in the names Cauchi Mary Rose et vs Vassallo Emanuel, application number 4/2012 FDP, the following publication was ordered for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rural Leases Control Board, in the names Mary Rose wife of Alphonse Cauchi (I.D. 201444M) and the same Alphonse Cauchi (I.D. 625846M) as mandatary of the absent Joseph Camilleri, Rose wife of Emanuel Sammut (I.D. 489248(M) Theresa sive Tessie widow of Harry St. John 702725M, Oscar Mifsud 23527M Mario Zammit 778554M, is his own name and as mandatary of his sister the absent Grace Badalamenti, Agnes wife of George Debono (I.D. 51932M) Yvonne widow of Charles Swain 459233M, Evelyn Mifsud I.D. 187737M, in her own name and as mandatary of her nephews the absent Brian, Susan and Raylene brothers and sisters Mifsud vs Emanuel Vassallo (I.D. 278957M) on the 11th May 2012, the applicant Mary Rose Cauchi et, pleaded with respect:
That they grant on lease to the respondent the field known as ta’ Kalamija in the limits of Santu Kristu, Ħal Għaxaq and this towards the agricultural rent of €2.33 yearly to be paid yearly in arrears and the next instalment is due on the 15th August 2012.
That the respondent violated the conditions of the lease by carrying out development work as described in this application.
That thus the respondent changed the destination of the property leased to him and this gives the applicants the right to ask that the fields be given back to them.
Thus the applicants pray with respect that this Board authorise them to refuse to renew the agricultural lease after the next instalment and consequently that the respondent be evicted from the same land within a short and peremptory period fixed to him and under those provisions it deems fit and opportune according to law.
Applicants: 445, Triq il-Kbira San Ġużepp, Santa Venera.
Respondent: 4, Flat 2, Triq in-Noqra, Birżebbuġa.
The Application in the names Cauchi Mary Rose et vs Vassallo Emanuel, application number 4/2012 FDP, has been put off for hearing to the 24th October 2012, at 9.00 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1589
1589By means of a decree given by the First Hall Civil Court, on the 18th September 2012, in the records of the Sworn Application in the names Tyler William David vs Borg Yvonne, application number 563/2012 JA, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names William David Tyler (I.D. 244301L) vs Yvonne Borg (I.D. 0443640M) on the 1st June 2012, the applicant respectfully asked this Honourable Court:
1) To declare that the premises indicated in the applicationor rather the premises number fifty five (55) Dawwara Street, Rabat, Gozo, is not easily divisible between the partiesin their respective quotas and thisif necessaryby the appointment of referees.
2) To order that the same property above mentioned belonging to the parties indivisbly between them, be sold by licitation, with the participation of third party bidders.
3) Order that the proceeds from the sale of the same property after deducting the expenses be divided between the parties according to their respective quotas as indicated above.
With costs, against the respondent.
Notify: Mrs Yvonne Borg, Apartment 9,125, The Strand, Gżira.
By means of a notice of hearing of a cause issued by the Registry Superior Courts, on Monday 11th June 2012, in the names Tyler William David vs Borg Yvonne, application number 563/2012 JA, was entered into the list of causes which are to be heard on Friday 12th October 2012, at 9.45 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1590
1590By a decree of the Small Claims Tribunal of 20th June 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 23rd March 2012 whereby they asked the Tribunal to condemn Antonello Cappitta (I.D. 332776M) ofThe Dolphins Eie, Triq Sir Ugo Mifsud, Ta’ Xbiex, to pay the plaintiff company the sum of €321.70 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 251/12YMS) is put off on the 1st October 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1591
1591By means of a decree given on the 22nd August 2012, by the Court of Appeal, in the records of the Notice number 13/2007GV, in the names Paul Bugeja vs Commissioner of Lands, the following publication was ordered for the purpose of service of the respondent Paul Bugeja, in terms of Article 187(3) of Cap. 12.
By means of an application of Appeal filed in the Court of Appeal, in the records of the Notice Number 13/07 GV, Paul Bugeja vs Commissioner of Lands, on the 23rd April 2012, the applicant Commissioner of Lands, respectfully pleaded;
That by means of a decree dated 17th April 2012, the Honourable First Court of Magistrates, gave two distinct and separate provisions and namely a provision in virtue of which it stopped the procedures before that Honourable Court and another provisionwhereby it fixed a term of two months for the appellant Commissioner to file the necessary cause so that the title on the property merit of the cause be confirmed.
It is pointed out that despite that the Honourable First Court effectively gave two distinctand separate provisions the same Court, bound the same provisions together, as one is consequential to the other.
It is being declared for all intents and purposes that together with this application there is being filed an application ad hoc before the Honourable First Court, for the authorisation in order to file an appeal from the second provisionin virtue of which the First Court fixed a term in order that the appellant Commissioner file a cause.
By means of judicial letter dated 16th December 2006 (No. 10178/06) in terms of Article 466 of Cap. 12 of the Laws of Malta, the appellant asked for the payment of arrears due on an encroachment permit granted to the respondent Paul Bugeja.
By means of an application, filed, by the respondent Paul Bugeja, on the 5th January 2007, the same respondent asked that in terms of Article 466(2) ofCap. 12 of the Laws of Malta, the Court declare that the demand of the Commissioner of Lands, is unfounded in fact and at law.
The respondent Paul Bugeja during the proceedings, brought forward the argument that the appellant could not demand any payment in terms of Article 466 of Cap. 12 on the premise that according to him the land on which the land the appellantdemandedpayment for the encroachment concessionin favour of the respondent was not Government Land but belonged to third parties.
The Honourable First Court by means of a decree of the 17th April 2012, decreed that it was not competent to determinerights or real titles regarding immovables and arrived to the conclusion that this dispute (regarding title)could only be determined in a cause ad hoc before the competent Court.
The appellant felt aggrieved by the decree of the 17th April 2012 and is filing this humble appeal from this decree for the following reasons;
1. The Honourable First Court with alldue respect failed to make a distinction between Government property and public land.
Independently from that raised by the respondent Paul Bugeja, before the Honourable First Court, the Honourable First Court, should have made the distinction, why the appellant Commissioner, asked for the payment of arrears for the permit was related with the administratiobn entrusted to him regarding public places independently from the factwhether the land belonged to him or not.
2. The Honourable First Court had no reason to orderthe stopping of the procedures.
As already explained the Commissioner of Lands, hadand still has the interest to demand payment in terms of the encroachment permit issued on the demand of the respondent Paul Bugeja, himself, which permit is related with the rights of administration of public land by the Government ( and not on land which is Government property).
The Honourable First Courtwas fully competent to determine the fact that the square in question is public domainand falls under its administration.
3.The Honourable First Court had no reason to fix a term to the Commissioner of Lands to file a cause regarding the title.
4.It was due to the respondentto attack the validity of the permit but not that the appellant following his request for compensationbe ordered to file a cause.
5. The Prejudice was suffered by the appellant Commissioner and not the respondent.
The Honourable First Courtremarked that if it did not stop the present procedures and fix a term for the cause in order to ascertain the title than therefore according to the same Honourable Court, the respondent would suffer prejudice, because he would not have had an effective remedy to contest the demand of the Commissiner.
It is true that in terms of Article 466(2) the respondent has the right to contest but this does not mean that he has the right to contest as he wants and on every matter under the sun.
In these circumstances it was due to the respondent to file a cause in the competent Court so that if ever he contests the validity of the permit and the payments resulting from the same permit.
For these motives the appellant Commissioner, whilst referring to the proof collected and reserving the right to bring forward that proof which is admissible accordingto law, prays with respectthat this Honourable Court, revokes and cancels the decree of the Honourable First Court, dated 17th April 2012 and order that the cause be continued before the Honourable First Court.
Notify: Paul Bugeja, 12, Triq Parades, St. Paul’s Bay.
The Application of Appeal in the names Paul Bugeja vs Commissioner of Lands, Notice number 13/2007 GV, has been put off for hearing to Tuesday eleventh (11) of December 2012, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1592
1592By decree given by the COURT OF MAGISTRATES (GOZO) INFERIOR JURISDICTION, on the 4th September 2012 on the application of Vivienne Attard in the records of judicial sale by auction number 31/2012 in the names of Vivienne Attard vs George Attard (and after warrant of seizure number 202/2012) Monday 5th November 2012 at 10.00 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. Belt Sender
2. Bend Saw
3. Lift Motor
4. Pellet lifter
The said items are the property of George Attard (I.D. 24464G).
JACLYN MAGRIN
Notice 1593
1593By means of a decree given, by the Civil Court First Hall, on the 10 th May 2012, in the records of the Sworn Application, in the names the Director of Contracts et vs Spiteri Joseph, Sworn Application number 251/2012 AE, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, the names 1) the Director of Contracts and 2) the Chairman Malta Development Corporation vs Joseph Spiteri, on the 20th February 2012, the applicant Director of Contracts,respectfully premised;
That by means of a judgement given on the 11th May 2000, in the cause in the names ‘ The Director of Contracts and the Chairman Malta Development Corporation vs Joseph Spiteri (Writ of Summons Number 2377/98 RCP) copy annexed Doc DK1) the applicant was declared a creditor of the respondent in the global amount of Lm 1,266.65 today equivalent €2950.50 as well as the expenses of the cause.
That althopugh the respondent was called to pay he remained in default.
That from the date of the judgement there lapsed more than ten years and thus the applicant requires the authorisation of this Honourable Court.
Thus in the light of the above the applicant asks this Honourable Court so that in terms of Article 258(a) of Chapter 12 of the Laws of Malta it renders executable once again the judgement given on the 11th May 2000, in the names the Director of Contracts and the Chairman Malta Development Corporation vs Joseph Spiteri (Writ of Summons nunmber 2377/98 RCP)
With costs, against the respondent Joseph Spiteri.
Interpellant: Director of Contracts: Notre Dame Ravelin, Floriana.
Respondent: Joseph Spiteri,, St. Mary Triq il-Qrendi, Mqabba.
The Sworn Application in the names the Director of Contracts et vs Spiteri Joseph, application number 251/2012 AE, has been put off for hearing to the 11th October 2012, at 9.00 a.m.
ADV. FRANK PORTELLI,LL.D.
For the Registrar, Civil Courts and Tribunals