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Court Notices published in Govt. Gazette No. 19,148 of the 8th October 2013
01/01/2013
Notice 1565
1565By means of a decree given, by the First Hall Civil Court, on the 28th August 2013, in the records of the Writ of Summons, in the names Scerri Diacono Jotham Av. Dr. Noe vs Alpha Briggs Mediterranean Ltd et, Writ of Summons Number 1003/12 JZM, thefollowing publication was ordered for the purpose of service of the defendant companies in terms of Article 187(3) et. of Chapter 12.
By means of an Application, filed, in the First Hall Civil Court, Application Number 1003/12 JZM, Put off. 31 st October 2013, Dr. Jotham Scerri Diacono as special mandatary in the name and on behalf of the foreign companies Briggs ( Overseas) Limited ( SC217945) and Briggs Enviorenmental Services Limited (SC 110121) and the absent Thomas Diamond (UK Passport Number 400316674) and Joseph William Edmund Boyle (UK Passport Number 099147435)in their capacity as directors of the company Alpha Briggs Mediterranean Limited (Registration No. C 38859) vs Alpha Briggs Mediterranean Limited (C 38859) and PI (Holdings) Limited (C 31559) and Alpha Oil Services and Trading Limited ( C 11408) on the 18th July 2013, the applicant Briggs ( Overseas) Limited (SC 217945) and Briggs Environmental Services Limited (SC 110121) and of the absent Thomas Diamond (UK Passport Number 400316674) and Joseph William Edmund Boyle (UK Passport Number 099147435) in their capacity as directors of the company Alpha Briggs Mediterranean Limited ( Registration No C 38859) respectfully pleaded;
1.That during the sitting of the eleventh (11) of July 2013, the Defence Counsel of the applicant was notified with the reply of the respondents filed by them in the Registry of this Court of the fourteenth (14) May 2013.
2. That it results that such replywas made for all the respondents including the respondent company Alpha Briggs Mediterranean Limited and namely therespondent companythe winding up of which is being requested.
3. That according to article (8) of the ‘Memorandum and Articles’ of the respondent company Alpha Briggs Mediterranean Limited ( Document E with the original application of the applicant nomine)two directors exercise together the juridical and legal representation of the said company.
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4. That the said article 8 was intended to strike a balance between two partners in the ‘joint venture’ reached on the 21st March 2006 and namely between Briggs ( Overseas) Limited ( Class ‘A’ Shares) on one side and the said companies of Paul Pisani ( Class ‘B’ Shares) on the other hand.
5. That despite of this it appears that Paul Pisani alone appointed an Advocate in orderto file his reply on behalf of the same company Alpha Briggs Mediterranean Limited as if the said article 8 of the said ‘Memorandum and Articles of Association’ does not exist.
6. That Paul Pisani did not have the necessary ‘locus standi’ to act on his ownand present the reply of the 14th May 2014, on behalf of the company Alpha Briggs Mediterranean Limited, since Article eight (8) of the memoramdumof this company is clearwho holds its representation.
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7. That in another lawsuit before this Honourable Court differently presidedthere occurred the same and namely a reply was made by the company Alpha Briggs Mediterranean Limited, without the necessary representation according to the memorandum of the same company.
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Thus theapplicant nomine prays with respect that the respondent’s reply of the 13 th May 2013, be considered as if it had been made on behalf of all the respondents except Alpha Briggs Mediterranean Limited and if it be the case appoint deputy curators in the other cause above mentionedin order that they representthe company Alpha Briggs Mediterranean Limited, evenin this cause or appoint other curators from the list according to their turn so that such curators represent the same company Alpha Briggs Mediterranean Limited, in the present cause and so that after the directors of both classes of shareholders are heard ( Class ‘A’ and Class ‘B’) they decidewhether it is in the interest of the company Alpha Briggs Mediterranean Limited, that it presents a reply in the records of the present cause.
Civil Court First Hall
Hon. Mr. Justice Joseph Zammit Mckeon
Application Num 1003/2012 JZM
Dr. Jotham Scerri Diacono as special mandatary in the name and on behalfof the foreign companiesBriggs ( Overseas) Limited (SC217945) and Briggs Environmental Services Limited (SC110121) and of the absent ThomasDiamond (UK Passport Number 400316674)and Joseph William Edmund Boyle ( UK Passport Number 099147435) in their capacity as directors of the company Alpha Briggs Mediterranean Limited ( Registration No 38859).
against
Alpha Briggs Mediterranean Limited (C38859)and PI ( Holdings) Limited (C 31559) and Alpha Oil Services and Trading Limited ( C 11408).
Having seen the application of the applicants in the cause in the names premised presentedon the 18th July 2013.
Having seen the note that the applicantsfiled on the same day whereby there was exhibited the document to which the applicant referredto in their application but which was not attached to the application.
Orders that this applicationand of the note with the attached document be served to all therespondents in the cause in the names premised who shall file a reply within seven days.
Reserves to provide further on.
Sgd. Hon. Joseph Zammit Mckeon,
Judge.
Respondents: 1. Alpha Briggs Mediterranean Limited, 125B/6, St. George’sRoad, St. Julian’s..
2. PI ( Holdings) Limited 125B/6, St. George’s Road, St. Julians.
3. Alpha Oil and Trading Services Limited, 125B/6 St. George’s Road, St. Julian’s.
The Application in the names Scerri Diacono Jotham Av. Dr. Noe vs Alpha Briggs Mediterranean Ltd et, Writ of Summons Number 1003/12 JZM, has been put off to the 31st October 2013, at 9.00am.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1566Republic of Malta
To The Marshall of the Court
By means of a decree given by this Court, on the 23rd February, 2010, following the request ofMEM Developments Limited, it was ordered that Deputy Curators be chosen to representthe other unknownownersof the directum dominium of the emphyteutical concession relating to the property in the records of the Scheduleof redemption of groundrent number 178/2010, in the names Mem Developments Limited vs Deputy Curators and in the relative and subsequent acts.
By means of a Schedule of deposit and redemption of groundrent, filed inthe First Hall Civil Court, in the names Mem Developments Limited (C47144) vs Deputy Curators appointed to represent the other unknown owners of the directum dominium of the empytheutical concession regarding the property hereunder described,on the 12th February, 2010, the applicant company MEMDevelopmentsLimited (C47144) respectfully pleaded;
That the applicant is the owner of the premises number twelve (12) Triq il-Gnien ta’ Ta’ Xbiex, sometimes known as Gzira, subject to the annual and perpetual groundrent of (€1.09).
That this premises was acquired by the applicant by the company ‘John Ripard and Sons Limited’ (C40) by meansof a contract in the records of Notary Dr. Pierre Cassar, 31st December 2009.
That the said companyJohn Ripard and Son Limited (C40) had acquired the premises above mentioned by means of a contract records Notary Anthony Grech Trapani 26th October, 1989, from Architect and Civil Engineer Victor Calleja.
That originally the property above described was acquired by Luigi Agius by means of a contract records Notary Francesco Calleja 19th November, 1903, and subsequently assigned to his daughter Emelina Calleja mother of the same Architect Calleja above mentioned.
That Architect Calleja had acquired his brother’s share by means of a contract published in the records of Notary George Cassar dated 6th June, 1979, and thus he became the sole owner of the premises above described.
That thus the owners of the directus dominius are unknown to the applicant.
That the applicant wishes to avail himself of the provisions of Aticle 1501 of the Civil Code and depositing the sum of €21.80 which represents the value of €1.09 capitalised at the rate of five per cent, in order to be freely withdrawn by who has the right according to law after the due receipt according to law is left.
Applicant: Apartment 3, ‘Villa Eugenie’ Dun Gaetano Mannarino , Birkirkara.
Notify: 1.Deputy Curators, Courts of Justice, Valletta.
2. Director Public Registry, Valletta ( two services).
3. Land Registry, Casa Bolino, 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 Raymond C. Pace, LLD.
Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
1567
By means of a decree given, on the 18th June 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Carmel Zammit vs Giovanna sive Joan Zammit, application number 321/12 AL, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187 (3) of Chapter 12.
By means of a decree given, on the 18th June 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Carmel Zammit vs Giovanna sive Joan Zammit, application number 321/12 AL, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187 (3) of Chapter 12.
By means of a Sworn Application, filed, in the Civil Court (Family Section) on the 29th May 2012, the applicant Carmel Zammit ID 602462(M) respectfully pleaded;
That the parties were married on the fifteenth September 1985;
That the applicant legally separated from her husband by means of a contract in the records of Notary Dr. Sandra Valentino dated 15th May 2003.
That from this marriage they had two children.
That as there is no reasonable prospect for reconciliation between the parties and that now there have lapsed more than four years from the date ofthe legal separation. That the applicant always paid maintenance to his wife.
That these facts satisy all the necessary conditionsfor the granting of divorce according to Article 66B of the Civil Code Cap. 16 of theLaws of Malta.
Thus in view of the above this Honourable Courtis being humbly asked so that;
1.It pronounces the dissolution of marriage between the partries in terms of Article 66 of the Laws of Malta and order the Registrar of Courts so that within the time leftfor this purpose by this Honourable Court, the Director Public Registry be notified with the divorce of the parties so that the same be registered in the PublicRegistry.
Notify: Joan Zammit ta’ ‘Pancy’Flat 4, Triq San Ġorġ, St. Venera.
The Sworn Application in the names Zammit Carmel vs Zammit Giovanna, Application number 321/12 AL, has been put off to the 15th October 2013, at 9.15 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals