Mur Lura
Court Notices published in Govt. Gazette No. 19,022 of the 25th January 2013
01/01/2013
Notice 132
132By means of a decree given on the 22nd November 2012, by the Civil Court (Family Section) in the records of the Sworn Application, number 536/12 AL, in the names Massa Angele vs Massa Michael, the following publicatioon 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 Civil Court (Family Section) on the 12th October 2012, in the names Angele Massa (holder of identity card number 501470(M) vs Michael Massa (holder of identity card number 468088(M), the applicant Angele Massa (I.D. 468088M) asked this Honourable Court:
1. To pronounce the dissolution of the marriage which was celebrated on the twelfth (12) March of the year one thousand nine hundred eighty eight (1988) and uphold the other demands in the application.
Applicant: Shamu, Triq l-Aruka, Attard.
Notify: Michael Massa.
The Sworn Application in the names Massa Angele vs Massa Michael, application number 536/12 AL, has been put off for hearing to the 26th February 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 133
133IT IS hereby notified that by virtue of a decree given on the 22nd January 2013, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Jason Caruana of “Shalom”, Triq Santu Pietru, Għarb, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:
The company Mobisle Communications Ltd (C24655), of Triq Fra Diego, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo) – Case number 36/2012 in re “Mobisle Communications Ltd vs Jason Caruana” – on the 4th December 2012 wherein it requested the Tribunal to condemn the defendant Jason Caruana to pay plaintiff company the amount of €1,052.85, in connection with telephone service account number 5099 9610, together with costs, interest and legal expenses.
The hearing of this case is being deferred for the 19th February 2013 at 8.45 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 134
134Bymeans ofa decree given, on the 5th December 2012, by the Rent Regulation Board, in the records of the Application, in the names Ellul Adelaide et vs Cassar Alfred et, application number 79/12 GG, the following publication was ordered for the purpose of service of Emeric Ellul, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Adelaide Ellul (I.D. 725836M) Edmea Calleja wife of Michael Calleja (I.D. 784838M) and Michael Calleja (I.D. 84337M) vs Alfred (I.D. 856350M) and Josephine (I.D. 510550M) spouses Cassar, Emeric Ellul, Carmelo sive Charles and Alexandra wife of Norman Falzon Scerri, on the 18th October 2012, the applicant Adelaide Ellul et, asked this Honourable Board:
to order that the premises, 15, Racecourse Street, Marsa, be given back under those pacts and conditions that this Honourable Board, deems fit and opportune and within a short and peremptory period that shall be established by this Board.
Applicant: Fleurette, Fleur-de Lys Junction, Birkirkara.
Respondents: ...omissis...
Emeric Ellul, Sacred Heart, Ursuline Sisters Street, G’ Mangia.
...omissis...
The Application in the names Ellul Adelaide et vs Cassar Alfred et, application number 79/12 GG, has been put off for hearing to the 4th February 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D
For the Registrar, Civil Courts and Tribunals
Notice 135
135IT IS BEING NOTIFIED that by a decree dated 21st January, 2013, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Claire-Louise Stafrace Zammit, LL.D.) (Compilation Number 1220/2012) in the names:
The Police
(Inspector Anna Marie Micallef)
Versus:
JOSEPH FRANCIS SCERRI, 50 years, unemployed, son of the late John and Anne neé Serpina, born in Pietà, on the 23rd March, 1962, residing at ‘Madonna ta’ Pinu’, Triq il-Kan. Karmenu Pirotta, Birkirkara and holder Identity card bearing number 214062 (M).
ORDERED the attachment in the hands of third parties in general all monies and other moveable property due or pertaining or belonging to Joseph Francis Scerri and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property in terms of Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court ordered that the said accused may receive an amount which does not exceed thirteen thousand, nine hundred and seventy six Euro and twenty-four cents (€13,976.24) per year.
Dr Elizabeth Quintano, LL.D.
Assistant Registrar
Criminal Courts and Criminal Tribunals (Malta)
Notice 136
136By decree given by the CIVIL COURT, FIRST HALL on 20th December, 2012,on the application of XERRI MARIO, Tuesday, 5th February, 2013 at noon, 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.
The tenement ‘Jeanfil’, Flat 1, Triq il-Triq il-Gurbell, Paola with the furniture and the moveables.The offers should begin from the amount ninety three thousand euro (€93,000).
The said tenement is the property of XERRI neé GAUCI HAMPTON NATALINA (I.D. 42473 M) and XERRI MARIO (I.D. 4668 G).
N.B. The said tenement will be sold as described in the judgement delivered the 26th January, 2012 (App. No 210/07 NC) and in the acts of file number 116/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 137
137By means of a decree given on the 11th January 2013, by the Court of Appeal, in the records of the Application of Appeal, in the names Mediterranean Flower Products Limited vs Flower Power (Sales) Limited et noe, application number 1019/08 JA, the following publication was ordered for the purpose of service of the respondents Flower Power (Sales) Ltd, Adv. Andrew Borg Cardona noe, and Maria Sammut, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Court of Appeal, Writ of Summons Number 1019/08 JA, in the names Mediterranean Flower Products Limited (C 2197) vs 1. Flower Power (Sales) Limited, 2. Advocate Dr Andrew Borg Cardona, as Provisional Administrator of the same company Flower Power (Sales) Limited, 3. Maria Sammut, 4. Jason Sammut and 5. Dr Renzo Porsella Flores and PL Luisa Tufigno, in order to represent the absent Nathalie Sammut all as heirs of the deceased George Sammut, on the 30th January 2012, the applicant Jason Sammut and Nathalie Sammut, holders respectively of identity card numbers 478074(M) and 39675(M) respectfully pleaded;
That the applicants, filed, on the 8th October 2008, a sworn application, whereby they premised that the respondent company holds on lease from the applicant company, the garden centre in Ta’ Qali, known as Flower Power, towards the payment of the rent of Euros 1,942 monthly which is paid at the end of every month in arrears.
That this lease concession which had been made time ago, was ratified by a contract in the records of Notary Anthony Abela, dated 10th June 1998.
That by means of a private writing dated 6th November 2002, the predecessor of the respondents, George Sammut, had personaly guaranteed and in solidum with the said respondent company, all the obligations assumed by it.
That consequently the respondents Jason and Nathalie, brothers/sisters Sammut, children of the same George Sammut, today deceased and his widow Maria Sammut, already party to the community of acquests, existing between her and her husband, as heirs of the said George Sammut, are today sureties in solidum of all the obligtions of the respondent company Flower Power (Sales) Limited;
That despite that the respondent company, had at some time made payments of the rent due for the premises de quo, regularly, today it stands in delay in the global amount of Euros 28,980.
...omissis...
That by means of a letter dated 21st January 2008, the applicant company notified the respondent company, with a declaration to leave, ..omissis.. and called upon it to vacate the land included in the lease.
That although the respondent Jason Sammut, even in his name accepted to guarantee for the boilers which were dismantled and transferred to third parties without the consent or knowledge of the applicant company ...omissis... the respondents, remained completely in default notwithstanding that they were notified with the relative evaluation of the referee..
Furthermore it results that the reverse osmosis plant which formed part of the lease in favour of the respondent company, was dismantled and removed and as a consequence today it no longer exists.
That the applicant company, thus suffered damages as a consequence of the acts of the respondents.
That although they were called upon even by means of a judicial protest sent to the respondents, dated 18th July 2008, to pay the sum due by way of arrears of rent ...omissis... and payment of damages the respondents remained in default.
That the delay in the payment of rent, the damages caused and in general the lack of observance of the conditions of the lease, besides the declaration to leave of the 21st January 2008, should bring about a termination of the lease de quo.
That by means of a decree given on the 1st September 2008, by this Honourable Court, Advocate Dr Renzo Porsella Flores and PL Luisa Tufigno, as deputy curators to represent the absent Nathalie Sammut.
That by means of a decree given, on the 4th January 2005, this Honourable Court, differently presided in the records of the application in the names Dr Henri Mizzi nomine vs Flower Power (Sales) Limited (Application number 953/4 RCP) presently pending, appointed Advocate Andrew Borg Cardona, as provisional administrator of the respondent company Flower Power (Sales) Limited.
Demands.
The respondents are to state why this Honourable Court should noe.
...Omissis...
Sworn reply of Maria Sammut.
...omissis…
1. Sworn Reply of Jason Sammut and Nathalie Sammut as heirs of their father George Sammut.
Judgement.
That on the 9th January 2012, the First Hall Civil Court, decided this cause in the names Mediterranean Flower Products Limited (C 2179) vs Flower Power (Sales) Limited et, Writ of Summons Number 1019/2008, whereby the Court of First Instance decided this cause by rejecting all the pleas of the defendant company as well of the defendants and upheld all the plaintiff’s demands, regarding the third and sixth demand condemned the defendants, in solidum to pay and for the purpose of the fifth demand liquidated the damages in the sum of Euros 149,000. The Court, ordered the company to vacate within one month from the judgement.
With costs, of thge cause to be paid by the defendants.
That the appellants Jason Sammut and Nathalie Sammut, felt aggrieved by the judgement given and are thus filing this humble appeal on the following grievances:
The First Grievance.
That as it clearly emerged from the filing of this application a fol 113 of the process Nicholas Sammut had no right at law to proceed against all the defendants in this cause since Nicholas Sammut has 50% of the company Mediterranean Flower Products Limited, as he has in the company Flower Power (Sales) Limited and thus he needs a resolution of the plaintiff company to proceed with a cause of this nature.
The Second Grievance.
That in confirmation ofthat stated above, with the utmost respect, the First Hall of the Civil Court, failed ad unguem, to abide by that contemplated in Article 2245(1) of Cap. 386 of the Laws of Malta.
The Third Grievance.
The Third Grievance relates to the fourth to the sixth demand of the plaintif company, whereby the applicant with the utmost respect cannot understand how the Court of First Instance, declared to award damages in the sum of Euros 149,000 when the same Nicholas Sammut who is 50% shareholder together with his brother George Sammut.
...omissis...
Thus the Court of First Instance had no right to give damages for this reverse osmossis plant because there was already a declaration of scrap value which declaration makes it binding and clear that those were the facts.
The Fourth Grievance.
That the fourth grievance of the appellants relates to the points that they themselves were personally involved in this cause. With reference to the judgement in the names Meatland Company Limited vs Saviour Micallef, decided by the First Hall Civil Court, on the 12th December 2001, it appears clear and obvious, that the plaintiff company has no juridical relationship with the defendants proprio, but the actions are to be brought forward by the company, and not them personally, as retained by the Court, in the cause above mentioned.
That with the greatest respect nor Jason Sammut nor Nathalie Sammut, were ever directors of the company and till this day they are not directors.
Thus the appellants Jason Sammut and Nathalie Sammut, pray with respect that this Honourable Court, accepts and upholds their grievances as above explained and demands that there be revoked the judgement given by the First Hall Civil Court, in the names Mediterranean Flower Products Limited vs Flower Power (Sales) Limited et, Writ of SummonsNumber 1019/ 2008, decided on the 9th January 2012, and this under all the opportune and necessary provisions,that this Court, demms appropriate in the circumstances.
Notify:Flower Power (Sales) Ltd,
The Croft, Triq il-Kappar,
Attard.
Adv. Andrew Borg Cardona noe,
Courts of Justice,
Valletta.
Maria Sammut,
2, Salina Park, Flt 8,
Triq il-Kappella tal-Lunzjata,
Naxxar.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 138
138By means of a decree given on the 15th May 2012, by the First Hall Civil Court, in the records of the Sworn Application number 660/03 JPG, in the names Muscat Manduca Joseph vs Manduca Louis et, the following publication was ordered for the purpose of service ofthe respondent Ruby Manduca, in terms of Article 187(3) of Cap. 12.
By means of an application filed in the First Hall Civil Court, in the names Louis and Ruby spouses Manduca and by decree of the 29th January 2007, Dr Martin Fenech and PL Hilda Ellul Mercer, were appointed deputy curators to represent the heirs of Louis Manduca who died during the proceedings and by decree of the 17th January 2008, the Court, ordered that the deputy curators be removed from the cause and this since the records of the cause were transferred onto to the name of Dr Malcolm Pace in order to represent the heirs of Louis Manduca and by decree of the Court, dated 22/11/12, the records were transferred onto to the name of Mary sive Miriam Cremona and Marlene Farley Hils, as Joseph Muscat Manduca died during the proceedings, on the 30th June 2003, the defendants are to state why this Honourable Court, saving any necessary declaration according to law should not:
1. Declare the defendants responsible for the damages in the premises number sixty-four (64) (previously 56) Bay View Cottage, Triq iż-Żonqor, Marsaskala, liquidate the damages suffered by the plaintiff, and uphold the other demands in the application.
With costs, against the defendants summoned so that a reference to their evidence be made.
By means of a Notice of hearing of a cause, issued by the Registry Superior Courts, on Tuesday 15th July 2003, the cause in the names Muscat Manduca Joseph vs Manduca Louis et, Writ of Summons Number 660/03 NC, was appointed for hearing on Friday 14th November 2003, at 9.30 a.m. The above mentioned case was put off various times in order that service be effected and by order of the Court of the 11th October 2005, the cause was put off Sine Die. By order of the Court of the 21st October 2005, the cause was reappointed for hearing on the 18th January 2006 at 9.30 a.m., by order of the Court, differently presided of the 18th January 2006, the cause above mentioned Writ of Summons 660/2003, was put off to Wednesday 22nd February 2006, at 9.00 a.m. By order of the Court, as presided, on the 8th March 2012, this cause was put off in order that the defendant Ruby Manduca be notified. By order of the Court, which is presiding the case today (Ċitazz. 660/03 JPG) of the 12th June 2012, this case was put off to the 27th June 2012, at 10.00 a.m. and subsequently put off to the 27th June 2012, at 10.00 a.m. and subsequently put off to the 28th January 2013. at 9.00 a.m., in order that the said Ruby Manduca be notified.
Plaintiff:134, Triq San Bartolomew, Qormi.
Defendant:29, Triq Sant’ Antnin, Attard.
76/3, Vjal Sir Michelangelo Refalo, Balzan.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 139
139By a decree of the Small Claims Tribunal of the 3rd October 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 25th April 2012 whereby they asked the Tribunal to condemn Norbert Nemeth (I.D .50290A) ofVictoria Towers, Flat 3, Triq Ġorġ Borg Olivier, Sliema, to pay the plaintiff company the sum of €303.28 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 328/12KPS) is put off on the 30th January 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 140
140By decree given by the CIVIL COURT, FIRST HALL on 23rd January, 2013, on the application of ALBERTA FIRE AND SECURITY EQUIPMENT LTD., Wednesday, 6th March, 2013 at 11.00 a.m. has been fixed for the SALE BY AUCTION to be held at GARAGE NO. 3, TRIQ IL-WIED, QORMI of the following items seized from the property of FENECH PAUL PRO ET NOE.
A three-seater, two armchairs, a television set, wall unit, sideboard, stereo of the make Aiwa, computer of the make LG, record player of the make Sharp, chandeliers, vases, a desk and other objects.
N.B. The said objects will be sold as described in the acts of file number 38/12.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 141
141NOTICE
CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Dr Ludvic Caruana nomine (ID 91570M) filed an application under oath (No. 14/2013 AL) demanding CORRECTIONS the ACT OF BIRTH of Keavon, number 3672/2004 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts and Tribunals
Notice 142
142NOTICE BY THE REGISTRY
OF THE CIVIL COURT – FIRST HALL
Whereas Joseph Ellul (I.D. 176737M) filed an application under oath (No. 46/2013 JA) demanding CORRECTION in his ACT OF BIRTH number 1767/1937 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Mario Debono
For Registrar, Civil Courts and Tribunals
Notice 143
143By decree given by the COURTS OF MAGISTRATES (GOZO) SUPERIOR JURISDICTION, GENERAL SECTION, on the 16th October 2012 on the application of Rose Cardona in the records of judicial sale by auction number 34/2012 in the names of Rose Cardona vs Emmanuel Borg et Monday 18th February 2013 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 property:
Tenement number 140, Triq Franġisk u Roża Camilleri, Kerċem, Gozo, free and unencumbered, valued at €72,600.
The said tenement is the property of Rose Cardona and Emmanuel Borg and will be sold as described in the report sworn by AIC Joseph P. Dimech on the 24th January 2013.
Superior Jurisdiction,
General Section,
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 144
144By means of a decree, given on the 11th January 2013, by the Court of Appeal, in the records of the Application of Appeal, in the names Mediterranean Flower Products Limited vs Flower Power (Sales) Limited et noe, application number 1019/08 JA, the following publication was ordered for the purpose of service of Adv.Dr Andrew Borg Cardona noe and Jason Sammut, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Court of Appeal, Writ of Summons Number 1019/2008 JA, in the names Mediterranean Flower Products Limited (C 2197) vs 1. Flower Power (Sales) Limited, 2. Advocate Dr Andrew Borg Cardona as Provisional Administrator of the same company Flower Power (Sales) Limited, 3. Maria Sammut, 4. Jason Sammut and 5. Dr Renzo Porsella Flores and PL Luisa Tufigno, to represent the absent Nathalie Sammut, all as heirs of the deceased George Sammut, on the 30th January 2012, the applicant Maria Sammut I.D. 4977(A) respectfully pleaded:
That the applicants, filed, on the 8th October 2008, a sworn application whereby they premised that the respondent company, holds on lease from the applicant company, the garden centre in Ta’ Qali, known as Flower Power, towards the payment of the rent in the amount of Euros 1942 monthly which is paid at the end of the month in arrears.
That this lease agreement which had been made long ago was ratified in the contract in the records of Notary Anthony Abela, dated 10th June 1998, a copy of which is hereby attached, exhibited and marked Doc A1.
That by means of a private writing dated 6th November 2002, the predcessor of the respondents George Sammut, had personally guaranteed and in solidum with the said respondent company, all the obligations assumed by it in virtue of the private writing de quo.
That consequently the respondents Jason and Nathalie, brothers/sisters Sammut, children of the same George Sammut, today deceased and his widow Maria Sammut, previously party to the community of acquests, already existing between her and her husband as heirs of the said George Sammut, today surety in solidum of all the obligations of the respondent company, Flower Power (Sales) Limited.
That despitethat the respondent company, was at some time, regularly making payments of rent due for the premises de quo, today it is in delay in the global amount of Euros 28,980.
...omissis...
That by means of a letter dated, 21st January 2008, the applicant company, gave the respondent company, a declaration to leave and whilst it notified it with the termination of the lease, within the period of the law, called upon it to vacate the land included in the lease.
That besides this the respondent company, is bound to hold and preserve, in a good state all the plant and machineryincluded in the lease, particularly ‘the boilers’ and the plant of the ‘Reverse Osmosis’ was to deteriorate this essential apparatus and of great value.
That although the respondent Jason Sammut, even in his own name accepted to make good for the dismantled boilers and transferred to third parties without the consent of the applicant company, their value after an expert valuation, the respondents remained completely in default.
...omissis...
That the applicant company, thus suffered damages as a consequence of the acts of the respondents or either of whom consisting in the dismantling and abandonment or illegal transfer of the apparatus.
That despitethat they were called even by means of a judicial protest sent to the respondents, dated 18th July 2008, ...omissis...the respondents remained in default.
That the delay in the payment of rent, the damages caused and in generalthe lack of observance of the conditions of the lease, besides the declaration to leave of the 21st January 2008, should bring about the termination of the lease de quo.
That by means of a decree given on the 1st September 2008, by this Honourable Court, differently presided were appointed Advocate Dr Renzo Porsella Flores and PL Luisa Tufigno, as deputy curators, to represent the absent respondent Nathalie Sammut, in the records of the judicial protest, of the 18th July 2008 and in all the subsequent acts.
That by means of a decree given, on the 4th January 2005, this Honourable Court, differently presided in the application in the names Dr Henri Mizzi nomine vs Flower Power (Sales) Limited (Application number 953/04 RCP) presently pending, appointed Advocate Andrew Borg Cardona as provisional administrator of the respondent company Flower Power (Sales) Limited.
Demands.
The respondents are to state why this Honourable Court should not;
...omissis...
Judgement.
That on the 9th January 2012, the First Hall of the Civil Court, decided this cause in the names Mediterranean Flower ProductsLimited (C 2179) vs Flower Power(Sales) Limited et Writ of Summons number 1019/2008, whereby the Court of First Instance decided this cause, by rejecting all the pleas of the defendant company as well as the defendants and upheld all the demands of the plaintiff. Regarding the third and sixth demand, it condemned the defendants to pay in solidum and for the purpose of the fifth demand liquidated the damages for the sum of Euros 149,000. The Court ordered the company to vacate within one month from the judgement.
With costs of the cause to be paid by the defendants.
That the appellant Maria Sammut felt aggrieved by the judgement given and thus is filing this humble Appeal on the following grievances.
The First Grievance.
That the first grievance of Maria Sammut as usufructuary of all the property of George Sammut, refers to her demand as indicated a fol. 166 of the process, whereby Maria Sammut, felt aggrievedby the preliminary judgement given by the First Hall Civil Court, on the 9th December 2009, whereby it authorised the company Mediterranean Flower Products Limited, to continue with this cause.
That with the utmost respect, the First Hall Civil Court, failed ad unguem, from abiding with that provide in Article 224(1) of Cap. 386 of the Laws of Malta.
...omissis...
That the argument of the Court of First Instance, that this is a case of ‘jus superveniens’ is not with the greatest respect correct since the fact that the application exhibitedby the plaintiffs a fol. 135 was an application much priorthe presenting of this cause itself and with the greatest respectthe plaintiff company had no right to ignore the law and file a cause from the beginning when it knew well that there is a provisional administrator and thus the functions of the provisional administrator are well established under the Companies Act to safeguard the assets of the company.
That the application itself exhibited by the plaintiffs which is exhibited a fol.135 of the processshows a document which was filed well before this cause and thus there is no valid reason at law that the Court, interpretsthe action of the plaintiff company as an action which can be upheld under ‘jus superveniens’ because the law itself under Cap. 386does not make or leave any room for a plea of this nature.
The Second Grievance.
That the second grievance of Maria Sammut, relates to the pointthat she should not be found guilty for anything for the actions committed by her husband George Sammut, because Maria Sammut, never knew about the records and agreement of the 6th November 2002.
...omissis...
How can Maria Sammut be a surety with Flower Power (Sales) Limited when Maria Sammut, never knew about the writing of the 6th Novembr 2002 and did not sign such an agreement.
The Third Grievance.
The Third grievance relates to the fourth to the sixth demand of the applicant company whereby the applicant with the greatest respect asks how the Court of First Instance declared to give damages in the sum of Euros 149,000 , when the same Nicholas Sammut who is 50% shareholder together with his brother George Sammut in the company, when a fol.290 of the process there is written that-
‘The water reservoir osmosis plant has been written down to scrap value since it is no longer utilisable’.
That these accounts were signed by Nicholas Sammut himself and by George Sammut, himself as directors of the plaintiff company a fol .281 of the process and thus he felt surprised how the Court of First Instance arrived to decide on these damages due by the defendant company.
...omissis...
Thus the Court of First Instance had no right to grant damages for this reverse osmosis plant because there was already a declaration of ‘scrap value’ which declaration makes it mandatary and clear that those are the facts.
The Fourth grievance.
That the fourth grievance of the appellant relates to the point that the Court of First Instanceput the appellant in the same position as if she were the heir of George Sammut. That this is not case, because Maria Sammut, she is only an usufructuary, whilst Jason Sammut and Nathalie Sammut, are the children and the heirs of the deceased George Sammut.
That in the judgement given by the Court of First Instance. ..omissis... the Court of First Instance did not take cognizance of Article 371 of Cap. 16 whereby the usufructuary is not in the same position as heir and thus the debts are the responsibility of the company and not the usufructuary.
Thus the appellant Maria Sammut, prays, with respect that this Honourable Court, grants and upholds her grievances above explained and asks that there be revoked the judgement given by the First Hall Civil Court, in the names Mediterranean Flower Products Limited vs Flower Power (Sales) Limited et. Writ of Summons number 1019/2008, decided on the 9th January 2012, and this under all the opportune and necessary provisions that this Court, deems fit in the circumstances.
Service:Adv. Andrew Borg Cardona noe,
Courts of Justice,
Valletta.
Jason Sammut,
94, Fl 1, Triq il-Marsalforn,
Xagħra.
Adv. Frank Portrelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 145
145NOTICE BY THE REGISTRY
OF THE CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff James Sammut (I.D. 560490M)and Sabrina Bartolo (I.D. 368691M) filed an application under oath (No. 12/2013 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Deyan Bartolo number 1566/2008 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts and Tribunals
Notice 146
146By decree given by the COURT OF MAGISTRATES (GOZO), SUPERIOR JURISDICTION, on the 21st June 2012 on the application of Dr Robert Abela noe in the records of judicial sale by auction number 25/2012 in the names of Dr Robert Abela noe vs Xuereb Glass Company Ltd (and following executive warrant of seizure number 143/2012)Monday 25th February 2013 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. Several mechanical items including double glazing Line, PIB machines, glass cutting tables, sealing machine and others.
2. Several appliances including computers, air-conditioning units, and photocopiers.
3. Two fork lifters.
4. Two cranes.
5. A truck bearing registration number GAT 478
6. A truck bearing registration number TFI 796
Further details may be acquired from the Court Marshall’s report which is in the acts of the warrant of seizure.
The said items are the property of Xuereb Glass Company Ltd. (C23471).
Jaclyn Magrin
For the Registrar Gozo Courts and Tribunals
Notice 147
147By decree given by the COURT OF MAGISTRATES (GOZO) INFERIOR JURISDICTION, on the 23rd January 2013 on the application of Kenneth Grech Company Ltd.in the records of judicial sale by auction number 23/2012 (subsequent to warrant of seizure number 132/2012) in the names of Kenneth Grech Company Ltd vs Tower Products Ltd et Monday 29th April 2013 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. Generator Perkins 70KVA
2. Generator Visa 22KVA
3. A white van of the makePeugeot having registration number IBL412
4. A blue vehicle of the make BMW having registration number JP1999
5. A white vehicle of the make Ford Transit 350 having registration number CBR154
6. A white vehicle of the make Citroen having registration number TWR002
7. A white van of the make Suzuki having registration number DBC407
The said items are the property of Tower Products Limited (C4283) and Paul Portelli (I.D.:1856G).
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunal