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Court Notices published in Govt. Gazette No. 19,133 of the 6th September 2013
01/01/2013
Notice 1375
1375By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 8th August 2013, Application number 814/2013 by Andrew Vassallo whereby he prayed that it be declared open infavour of the same Andrew, Joseph, Carmelo, Tarcisio, Anthony and Georgina wife of Anthony Tonna and Teresa wife of Michael Mifsud and this in the quota of one eighth (1/8) undivided share each one of them and the reminder one eighth (1/8) undivided share in favour of Raymond and Glorianne wife of Edward Agius, brother and sister Falzon in equal shares between them the SUCCESSION ofhis brother Gulju Vassallo, bachelor, son the late Joseph and Rita née Bonello, born and resided in Luqa and died in tal-Qroqq limits of Imsida on the 18th March 2013 aged 74 holding identity card number 0263937(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1376
1376By a decree given on the 26th July, 2013 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 Organization and Civil Procedure (Chapter 12).
By a decree of the 2nd May, 2013, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Chapter 12).
That by application and a Schedule of set-off filed contemporaneously by APS Bank Limited on the 26th April, 2013, the approval of the said judicial acts is being demanded for the amount of €120,000 following judicial sale by auction 110/12 in the names APS Bank Limited vs Joseph Fabri, held under the Authority of the said Court on the 25th April, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Bruno Zahra
For the Registrar, Civil Courts and Tribunals
Notice 1377
1377By means of a decree given, by the First Hall Civil Court, on the 15th July 2013, in the records of the Sworn Application, in the names Carmelo Farrugia vs Peter Farrugia, application number 615/13 JA, the following publication was ordered for the purpose of service of the defendant,in terms of Article 187(3) et. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Carmelo Farrugia (ID 423740M) vs Peter Farrugia (ID 0871544M) on the 25th June 2013, the applicant Carmelo Farrugia (ID 423740M) respectfully pleaded:
That he is the owner of the premises number eighteen stroke twenty (18/20) previously number seventy six and seventy seven (76/77) situated in Triq San Ġwann, Zejtun.
That the defendent occupied the premises in question through lease, which lease expires every year in June;
That the defendant had a title of lease on the premises in question which commenced after the year 1995 and this as confirmed by means of a judgement of the First Hall Civil Court, given by the Hon. Mr. Justice Geoffrey Valenzia, on the 29th November 2004, in the names Carmelo Farrugia and Longino Farrugiavs Peter Farrugia.
That by means of a judicial letter in terms of Article 1537 of Cap. 16 ofthe Laws of Malta, the plaintiff informed the defendant that he was not going to extend the lease of the defendant as regards the premises in question and asked the defendant to vacate the premsises in question.
That despite of this the defendant remained in defaultand did not vacate the premises and thus this cause had to be commenced.
Thus the applicantfor the reasons above premisedis respectfully asking this Honourable Court:
1. To proceed to give judgement without proceeding to a hearing in terms of Articles 167 of Cap. 12 of the Laws of Malta and
2. Order the defendant to vacate from the premises number eighteen stroke twenty 18/20 prevously seventy six and seventy seven (76/77) situated in Triq San Ġwann, Żejtun and return the keys of the same premises to the applicant and fix a short and peremptory period for this purpose.
With costs , against the defendant summoned so that a reference to his evidence be made.
Applicant: Number 23, Sunset House, Bone Street, Żejtun.
Defendant: Number 18, Triq San Ġwann, Zejtun.
The Sworn Application in the names Carmelo Farrugia vs Peter Farrugia, application number 615/13 JA, has been put off for hearing to the 9th September, 2013, at 10.00 a.m.
Avv. Frank Portelli, LL.D.
Għar-Reġistratur, Qrati Civili u Tribunali
Notice 1378
1378By a decree given on the 26th July, 2013, 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 Organization and Civil Procedure (Cap. 12).
by a decree of the 2nd may, 2013, given by the first hall civil court, the court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the code of organization and civil procedure (Cap. 12)
That by application and a Schedule of set-off filed contemporaneously by APS Bank Limited on the 26th April, 2013, the approval of the said judicial acts is being demanded for the amount of €120,000 following judicial sale by auction 110/12 in the names APS Bank Limited vs Joseph Fabri, held under the Authority of the said Court on the 25th April, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Bruno Zahra
For the Registrar, Civil Courts and Tribunals
Notice 1379
1379By decree given by the CIVIL COURT, FIRST HALL on the 8th August, 2013, on the application of BANK OF VALLETTA PLC, Tuesday, 8th October, 2013 at noon, 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.
1. Penthouse, internally marked number four (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 1380
1380By a decree of the Civil Court (Voluntary Jurisdiction Section), of the 9th August 2013, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organization and Civil Procedure (Cap 12).
By means of an application number 213/2013 filed by Robert Von Brockdorff (ID 697244M) and Doctor of Laws Dr Austin Bencini (ID 614854M) in their own capacity and as Testamentary Executors of the inheritance of Edward Von Brockdorff as confirmed by a decree of the 16th July 2012 number 459/2010, whereby they respectfully submitted:
That pursuant to the last will published by Notary Doctor Pierre Attard on 23rd November 2006, (copy of which together with the relative testamentary searches attached with the original application after it had been decreed as aforesaid), the de cuius bequeathed and appointed his wife Baroness Margaret Von Brockdorff the general usufruct of his inheritance and exempted her from the obligation of warranty and inventory. He also nominated as his universal heirs his four children Malcolm known Toby, Alexe, Antonia and Anthea siblings Von Brockdorff and Ganado Trustees and Fiduciaries Limited in its own capacity as trustee of The Mark Von Brockdorff Trust.The de cuius also bequeathed a reserved portion of legitim to Christopher Jackson according to law.
After long negotiations, the applicants arrived at an agreement, as attached, with Christopher Jackson, as respresented by his Lawyer and Procurator Dr David Tonna, it is hereby being made clear for all intents and purposes that it is only the first part of the agreement which concerns the inheritance of Edward Von Brockdorff, since the second part is bequeathed exclusively to the widow Baroness Margaret Von Brockdorff; this agreement provides for the payment of the legitim, but this amount is going to be lent by Mr Jackson to the widow, under the terms and conditions which result from the agreement; which agreement has become subject to the approval of this Honourable Court.
This agreement, which is the result of months of negotiations, is by far advantageous to the inheritance as it effectively saves on payments of interest from the date of death till today and provides (although this does not concern the inheritance) that although interest is to be applied, the repayment of the capital sum and interest are to be paid after the death of the widow or other happenings, which concern her and her inheritance, and not of the decuius;
After the payment of the aforementioned legitim, the applicants would be in a position to commence the execution of the orders of the decuius as ordered in the aforementioned will.
Therefore, the applicants humbly request this Honourable Court to approve and authorize the aforementioned agreement in so far as this concerns the inheritance of Edward Von Brockdorff and authorizes the applicants, in the aforementioned capacity, to implement this agreement and all that is required for this agreement to be executed, under those directions that this Honourable Court deems fit and proper to impose.
Together with the application, there is attached the preliminary agreement of the 4th February 2013 between Dr Austin Benicini and Robert von Brockdorff that are appearing in their capacity and as Testamentary Executors of the inheritance of Baron Edward von Brockdorff, the Baroness Margaret von Brockdorff, widow of Edward von Brockdorff and Dr David Tonna in his capacity as special attorney of Christopher John Brockdorff Jackson.
Civil Court of Voluntary Jurisdiction Section
Honourable Mr Justice Anthony Ellul
ApplicationNumber 213/13
The Court,
Saw the note and the documents filed on the 12th April 2013;
Orders that:
i.The application, agreement signed 4th February 2013 and this decree will be notified to Malcolm sive Toby Von Brockdorff who has a right to reply within twelve days.
ii.The testamentary executors will confirm by oath the declaration filed together with the note of the 12th April 2013.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1381
1381By means of a decree given on the 9th August 2012, in the records of the judicial letter number 675/12, in the names Farsons Beverage Imports Company Limited et vs Marco Aquilina et, the First Hall of the Civil Courtsordered the following publication for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Marco Aquilina (ID 105069M) of116, Antarctica, Triq il-Qasam, Swieqi and Coctail Limited (C35704) of Wied Incita, Rabat Road, Attard, on the 28th February 2012, Farsons Beverage Imports Company Limited (C476) and Anthony Caruana and Sons Limited which today is amalgamated with the company Farsons Beverage Imports Company Limited calls upon you so that immediatelyyou pay the sum of€16,149.10 representing products bought and delivered to you by the interpellant company on your orders, and this according to the attached statement of accoutn marked as Doc A.
So much so that you may know how to regulate yourselves and avoid further costs.
With costs of this present judicial letter and with legal interest running from the date of the invoices according to the case till the date of effective payment of all the sums.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1382
1382It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 13th August 2013, in the records of the judicial letter number 26/13, in the namesFogg Insurance Agencies Limited vs Jeffrey Farrugia, ordered the following publication for the purpose of effecting service on the respondents, in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Jeffrey Farrugia of 36, Elizabeth, Flat 2, Triq il-Papa Piju XII, Birkirkara and/or Block A, Flat 8, Triq il-Ħawħa, San Gwann,on the 4th January 2013, Fogg Insurance Agencies Limited (C-597) for an on behalf of the foreign company Argus Insurance Company (Europe) LimitedofLa Concorde, Abate Rigord Street, Ta’ Xbiex, whilst refering to the car accident which occured on the 25th December 2011at about 5.40 a.m. in Triq Mikiel Anton Vassalli, Gzira, in which,in which you were involved with the vehicle registration number HAS 275, informs you that, for all the purposes and effects of law, since you failed to make a claim in connection with the accident de quo, as you were obliged to do in terms of law, and also in terms of the relative insurance policy, it is reserving its position in your regard and in the event that it will obliged to effect any payments on your behalf, it will proceed against you by means of a law suit for the recovery of the amounts that it would have paid, and this in addition to all the legal and judicial costs and interest according to Law.
This judicial letter is being filed for all effects andpurposes ofLaw, and particularly for the purposes of Chapter 104 ofthe Laws of Malta.
You may wish to be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1383
1383By a decree of the Small Claims Tribunal of28th July 2013, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).
Vodafone Malta Limited(C-10865) of Skyparks Business Centre, MIA, Luqa, LQA 4000, filed a Claim on the 28th January 2013 whereby they asked the Tribunal to condemn Ultima Nails Ltd (C 36357) ofCeassalpina Court,N/S Next to St Mark Street, Birguma, Naxxar and Dana Stauderova (ID 0022192A) of Ceassalpina Court 1, New Street to St Mark Street, Birguma, Naxxar and Jiri Fendrych (35807087) of Flat No 1, Mystic Flats, St Paul’s Street, Naxxar as directors and for and on behalf of the company Ultima Nails Ltd, to pay the plaintiff company the sum of €1,277.26 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 45/13VG2) is put off on the 18th September 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1384
1384By a decree of the Small Claims Tribunal ofthe 28th July 2013, 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 8th April 2013 whereby they asked the Tribunal to condemn Magnell Peter Valinald (ID 58370A) of135, Flat 10, Ix-Xatt Windsor, Sliema,to pay the plaintiff company the sum of€304.61 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 207/13VG2) is put off on the 18th September 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1385
1385By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 21st August 2013, Application number 578/2013 by Joseph Cutajar,whereby he prayed that it be declared open in favour of Nazzareno and Saviour brothers Cutajar, brothers of the decujus and this in the quota of one third (1/3) undivided share each one of them; and in favour of Joseph, Paola sive Poly Apap, Anthony, Salvina sive Sylvia Ellul, Lorenzo sive Lawrence, Nicholas, Carmela sive Carmen Borg, all brothers and sisters Cutajar and this in the quota of one part of twenty one (1/21) undivided share each one of them the SUCCESSION ofGiorgio Cutajar, bachelor, son of the late Paolo and Carmela née Cassar, born in Siġġiewi, was undercare at Saint Vincent de Paul Hospital where he died on the 15th February 2013 aged 82holding identity card number 0426530(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Notice 1386
1386By a decree of the Small Claims Tribunal ofthe 11th June 2013, 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 8th April 2013 whereby they asked the Tribunal to condemn Giovanni Caruana (ID 132677M) ofBinmar Flat 5, Triq l-Isqof F S Caruana, Msida,to pay the plaintiff company the sum of€1095.98 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 206/13NHV) is put off on the 16th September 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1387
1387IT IS hereby notified that by virtue of a decree given on the 30th August 2013, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Kevin Camilleri of 70, Triq Mattia Preti, Victoria, Gozo, in terms of section 187(3) of Chapter 12 of the Laws of Malta:
Kevin Vella (KI: 514294M) of ‘Sweet Lord’, Triq it-Tigrija, Xaghra, Gozo, filed a claim in the Small Claims Tribunal (Gozo) – Case number 20/2013KM in re “Kevin Vella vs Kevin Camilleri et” – on the 26th June 2013 wherein it requested the Tribunal to condemn the defendants Kevin Camilleri and Jeanette Camilleri to pay the plaintiff the amount of €557, in connection with electrical installation works, together with costs, interest and legal expenses.
The hearing of this case is being deferred for the 24th September 2013 at 9.00 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 1388
1388By meansof a decree given, on the 28th February 2013, by the Civil Court (Family Section) in the records of the Letter of Mediation number 456/13, in the names Elena Ellul (I.D. 2017682P ) vs Marcel Ellul (I.D. 203962M) 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 anUrgent Application, in the Civil Court (Family Section) in the records of the Letter of MediationNumber 456/13, Elena Ellul (I.D. 2017682P) vs Marcel Ellul (I.D. 203962M) on the 28th June 2013, the applicant premised:
That on the 10th April 2013, she filed an Urgent Applicationbefore this Honourable Court, whereby amongst other things she declared that her marriage irretrievably broke down. That she recieved no maintenance from the respondent her husband for her and her minor daughter Michelle, from August of the year 2012.
...............omissis..........
That in this application the applicant respectfully demanded:
a)the respondent is to pay the balance of the school fee of the minor Michelle Ellul in the amount of €2,867.99.
b) the respondent is to pay for the injections of the minor which together amount to €577.38.
c) the respondent is to pay maintenance for his wife and daughter in the amount of (€2000) or other amount which appears reasonable for this Honourable Court keeping in view the quality of life the respondent has.
That the respondent replied to this application on the 22nd May 2013 and amongst other things , the respondent husband declared that he has serious financial problems...omissis... that the applicant crippledthe respondent as she pretended that he pays for all and any expense including, but not limitedly for all the expenses of the minor.
That the respondent husband also declared that the applicantdoes not contribute anything to the family and the respondent husband is not in a financial positionto pay for all the expenses of the minor Michelle Ellul at the Verdala International School.
That this Honourable Court, on the 23rd May 2013, gave a decree whereby:
1) It upheld the first demand of the applicant.
2) Upheld the second demand that the minor was entitledfor free injections from the polyclinics.
3) Reject the demand for maintenance of the applicant but condemned the respondent to pay €400 monthly as maintenance of the minor.
That the applicant had requested the respondent to pay the balance of theschool fee, amounting to €2867.99.
............omissis...........
That the applicanthad asked for maintenance for her and her daughter in the amount of €2000 or orther amount whichthis Honourable Court deems fit keeping in view the quality of life the respondent has.
That this amount had to cover all the expenses of the minor including the educational and healthexpenses of the minor. That this Honourable Court rejected the demand.
That the respondent declared that he is bankrupt in Malta, but lives very comfortable in Monaco.
.............omissis...........
That one has to point out that the respondent lived in Monaco for four years.
.........omissis..........
That it appears clear that the respondent was not honest in his reply and deviated the Court as regards his income and the luxurious life he lives.
Thus for the reasons above mentioned the applicantrespectfully asked this Honourable Court that;
a)the respondent is to pay maintenance for his daughter in the amount of €800 or other amountwhichappears fit for this Honourable Court keeping in view the quality of life the respondent has.
b)the payment of maintenance is to start running from the 1st September of the year 2012.
c) the respondent is to pay for the Paploma injection which costs €427.68.
...............omissis.........
Civil Court
(Family Section)
Hon. Judge. Abigail Lofaro LLD. Dip Stud. Rel. Mag. Jur. ( Eur Law)
Letter Number 456/13.
Elena Ellul
vs
Marcel Ellul.
The Court;
Having seen the application of the 28th June 2013,
In thefirst place points out that the process of mediation is still pending.
In the second place provides the following;
1.That she has to confirm under oath whether she works or not. In the affirmative she is to present the relative documents and copiesof FS3 and L-P3 for the last two years.
2. Thatshe is to present a sworn prospectus regarding her income with the relevant details together with the expenses she is incurring in particular as regards the minor.
Subsequently order that this application together with the documents be notified to the respondent who has five working days to present a sworn reply which is to include a sworn prospectus of his whole income and the relative details and orders that this application be notified to the Mediator.
Sgd. Hon. Judge. Abigail Lofaro, LL.D. Dip. Stud. Rel.Mag. Jur ( Eur Law).
Service : Marcel Ellul , ‘Corallo’, Triq il-Porzjunkola , Madliena.
Marcel Ellul, 357,Manuel Dimech Street, Sliema.
Reġistry of the Civil Courts (Family Section), 2nd September 2013.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1389
1389By decree given by the CIVIL COURT, FIRST HALL on 29th July, 2013, on the application of BANK OF VALLETTA PLC, Thursday, 14th November, 2013 at half past ten in the morning (10.30 a.m.), has been fixed for the SALE BY AUCTION, to be held in THE FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property.
Maisonette number eighty two (82) in Triq San Ġorg, Santa Venera, including part of the property airspace as in part is underlying third party property, subject to annual and perpetual ground rent of two euro and thirty three cents (€2.33), subject to passive servitudes and its active rights resulting from its relative position the rest free and unencumbered with all its rights and enjoyments, valued at seventy nine thousand euro (€79,000).
The said tenement is the property of MALLIA JASON (I.D.396393M).
N.B. The said tenement will be sold as described in the acts of the file number 60/11.
Marvic Farrugia
For the Registrar of Civil Court and Tribunals
Notice 1390
1390By decree given by the CIVIL COURT, FIRST HALL on 28th June, 2013, on the application of VALLETTA SERVICE STATION LTD, Thursday, 10th October, 2013 at half past ten in the morning (10.30 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.
Maisonette numbered twenty-eight (28), in Melchiorre Gafa Street, Żejtun, free and unencumbered, with all its rights and enjoyments, valued at one hundred and thirty thousand euro (€130,000).
The said property belongs to ZERAFA JESMOND (I.D. 357470M).
N.B The said tenement will be sold as described in the acts of file number 15/10.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1391
1391By means of a decree given, on the 12 th August 2013, by the First Hall Civil Court, in the records of the Warrant of Prohibitory Injunction number 1248/2010 TM, in the names Anthony Chetcuti (I.D. 271260M) and Louis Chetcuti (I.D. 141763M) vs Mary Cortis (I.D. 1811136M) and Paul Chetcuti (I.D. 318870M) or either of whom,the following publication wasordered for the purpose of service of Paul Chetcuti, in terms of Article 187(3) of Cap. 12.
By means of an application, filed, in the Civil Court First Hall,in the records of the Warrant of Prohibitory Injunction Number 1248/10 TM,in the names Anthony Chetcuti (I.D. 271260M) and Louis Chetcuti (I.D. 141763M) vs Mary Cortis (I.D. 181136M) and Paul Chetcuti (I.D. 318870M) or either of whom on the 27th June 2013, the applicant Anthony Chetcuti (I.D. 271260M) and Louis Chetcuti (I.D. 141763M) respectfully pleaded and Anthony Chetcuti (I.D. 271260M) confirmed under oath:
That following their application, this Honourable Court, upheld the presentWarrant of Prohibitory Injunction on the 12th August 2010, in the sense that the premises Assisi, in Triq it-Tajjar, Msida should not be altered by structural works, including the buildingof other storeysand this because the rightof habitation that the respondent may have prima faciedoes not grant him the faculty to carry out workshe wishes to do.
That despite of this, the Honourable Court, also explained, that the issuing of the present warrant against the respondents does not meanthat they are witheld from carrying out the ordinary maintenancein the same premises.
That subsequently the applicants had filed a cause on the merit (Sworn Application Number 867/2010 SM,in the names Anthony Chetcuti et vs Mary Cortis et) and which till this day has been putoff for judgement to the 28th November 2013.
That on the 20 th September 2010, the respondent Paul Chetcuti had filed an Urgent Application,(Application Number941/2010 JZM) whereby inter alia he had asked so that the present warrant be revoked and in default, that the Court, does not upholdthis application, it permits that works be carried out, in order that it be ensured that waterdoes not seep into the premises or any damage be caused to it.
That , till this day this application has beenput off for a decree in camera, and that till this day the decree has not been given and thus the present warrant of prohibitory injunction , is in vigore in toto, in terms of the decree of this Honourable Court, of the 12th August 2010.
That on the 14th June 2013, the respondent Paul Chetcutibrought a crane, onthe site in question and was unloading some material (photos exhibited and marked Doc AC1 and Doc AC2).
But recently the applicants noted that works were being carried out on this premises, by the respondent, which worksdo not only consist in maintenance, but also additional construction to the present and this as resultsfrom the attached photos ( marked Doc AC 3 to Doc AC 5) which were taken on the 26th June 2013, the applicant Anthony Chetcuti, where it appears clearly, that recentlya roof was erected recently and this appears clearly if the same photos are compared with that exhibited by the applicants with the original application marked Doc LC4.
Thus in view of the premised, the applicants are respectfully praying that this Honourable Courtto take further steps against Paul Chetcuti, for contempttowards the authority of this Court, and this under any provision that this Honourable Court, deems fit in the circumstances.
Interpellant: Belair House, C. De Brocktorff, Imsida.
Respondent: Paul Chetcuti, ‘Assisi’ Triq it-Tajjar, Imsida.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1392
1392By decree given by the CIVIL COURT, FIRST HALL on the 2nd September, 2013, on the application of BANK OF VALLETTA PLC, Thursday, 31st October, 2013 at noon, 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 in the recessed ground floor level, overlying and underlying the property owned by the vendor company or their successors in title, the said apartment being on the left side of the said block when facing the block from the façade, forming part of an unnumbered and unnamed block internally marked Eastend Block “B”, the said block forms part of an internal development, accessible from an unnumbered and unnamed common entrance which emerges onto Triq il-Fortizza tal-Grazzja, in Xgħajra, limits of Żabbar, free and unencumbered with all its rights and appurtenances, valued at one hundred thousand, one hundred and ninety euro (€100,190).
The said tenement is the property of DEGIORGIO MICHAEL ID: 407775(M).
N.B. The said tenement will be sold as described in the acts of the file number 16/2013.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1393
1393By means of a decree of the 28th August, 2013, on an application of Mary Rose Pace and David Bajada filed on the 16th August, 2013, in the acts ofnote of the acceptance of an inheritance which has decree number 567/2013 this Court ordered the PUBLICATION OF THE INVENTORY of the assets of the late Adrian Bajada, bachelor, son of the late Antonio Bajada and Elena née Antoniade, born in Rome Italy, resided in San Pawl tat-Tarġa limits of Naxxar and died in tal-Qroqq limits of Imsida on the 5th April, 2013, aged 61 holding identity card number 458889(M).
This publication is going to be held on Friday 20th September, 2013, at ten o’clock in the morning (10.00 a.m.) at the office number 152/1, Triq in-Naxxar, San Ġwann by a deed of Notary Doctor Marco Burlò.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1394
1394By a decree given on the 5th July, 2013, 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 Organization and Civil Procedure (Cap. 12).
By decree given by the CIVIL COURT, FIRST HALL on 1st August, 2013, on the application of FALZON MARY, Thursday, 17th October, 2013, at half past ten in the morning (10.30 a.m.) has been fixed for the SALE BY AUCTION, to be held in THE FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property.
The tenement number 26, ‘Geomar’, Triq is-Sewwieqa, Ħamrun, free and unencumbered and with all rights and enjoyments valued at two hundred and nine thousand, six hundred and forty-three euro and sixty one cents (€209,643.61)
The property belongs to Mary Falzon (I.D. 138055M) and George Falzon (I.D. 434254M).
N.B. The said tenement will be sold as described in the acts of the file number 21/13.
Bruno Zahra
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1395Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 28th August 2013,following a request of Adv. Peter Fenech noe,it was ordered that Deputy Curators be chosen to representabsent EURL TOU A SWING IMPORT EXPORT in the records of the Sworn Application number 804/2013 MCH, in the names Adv. Peter Fenech noe vsDeputy 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. Peter Fenech as special mandatary of the foreign company SONY Computer Entertainment Europe Limited vs Deputy Curators to represent the absent EURL TOU A SWING IMPORT EXPORT ta’ CITE MAKNOUCHE LOT 38 LOCAL NI GUE DE CONSTANTINE 16000, ALGER, ALGERIE, on the 23rd August 2013, the applicant Adv. Peter Fenech as special mandatary of the foreign company Sony ComputerEntertainment Europe Limited, asked this Honourable Court;
1. To declare that the objects consisting in Playstation Controllers on which there are the words and symbols ‘DUAL SHOCK’ and ‘SYMBOLS Logos’and which are presently under the Authority of the Comptroller of Customsafter he suspended the releaseof the container with number 2034855 containing the said objects are counterfeit and contravene the rights of intellectual property of the applicant company Sony Computer Entertainment Europe Limited, in regard to its trademarks.
2. Order the Comptroller of Customs to dispose of the said objects outside the chanels of trade in such a manner as to preclude any damage to the applicant company or order the Comptroller of Customs to destroy the said objects , in any case without any compensationand at the expense of the respondents.
3. Order that the respondents are to bear all the expenses in connection with the measures ordered in terms of the second and third demands of the applicant company including those of transport of the said objects, for storage in Malta before their eventual destruction, for the storage itself and for tallying and all the expensesbefore the final destruction of the same objects..
With costs, against the respondents, summoned so that a reference to their evidence be made.
List of witnesses.
Applicants: 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 Gino Camilleri LLD.
Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1396
1396By a decree given on 5th July, 2013, 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 Organization and Civil Procedure (Cap.12).
By the application filed in the Civil Court First Hall on 9th April, 2012, by Mary Falzon (I.D. 138055M), is being asked that the Court orders the sale by auction of the:
The tenement number 26, ‘Geomar’, Triq is-Sewwieqa, Ħamrun, free and unencumbered and with all rights and enjoyments valued at two hundred and nine thousand, six hundred and forty three euro and sixty one cents (€209,643.61)
The property belongs to Mary Falzon (I.D. 138055M) and George Falzon (I.D. 434254M).
Bruno Zahra
For the Registrar, Civil Courts and Tribunals
Notice 1397
1397By means of a decree on the 11th March, 2013, in the records of the judicial letter number 2052/12, in the names United Acceptances Finance Ltd vs Etienne Cini et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Etienne Cini (I.D. 432577M) and Elvia Cini(I.D. 0229677M) together in solidum of 47, The Penthouse, Sir Luigi Street, Sliema,on the 3rd August 2012, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to nine (9) bills of exchange signed and accepted by you, which bills of exchange lapsedbut were not paid for, copies of this bill of exchange are annexxed and marked Documents 28 to 37.
The interpellant calls upon so that within two day you pay the sum of €6345 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs youthat they shall proceedagainst you without any other notice according to law.
So much so that you may know how to regulate yourselves.
You are warned that you have the right tooppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Chapter 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Chapter 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals