Mur Lura
Court Notices published in Govt. Gazette No. 19,306 of 5 September 2014
01/01/2014
Notice 1349
1349By means of a decree given, on the 2nd July 2014, by the Court of Appeal, in the records of the Arbitration number M2529/2010, Decided on the 25th March 2014, in the names Untours Insurance Agents Limited (C 5655) noe et vs Gilbert Grima et, the following publication was ordered for the purpose of the respondent Gilbert Grima, in terms of article 187(3) et seq. of Cap 12.
By means of an Appeal Application filed in the Court of Appeal (Inferior Jurisdiction) in the records of the Arbitration number M2529/2010, Decided on the 25th March 2014, in the names Untours Insurance Agents Limited (C5655) as subrogated in the rights of her insured Giovanna sive Jane Catania and the same assured Giovanna sive Jane Catania (ID 340554M) vs 1) Gilbert Grima 2) Ruth Zammit in the nameand in representation of her minor son Niko Zammit and during the hearing of the Arbitration, the company GasanMamo Insurance Limited intervened in statu et terminis, insurer of the vehicle of the respondent Gilbert Grima, the company GasanMamo Insurance Limited (C 3143) as the company intervening in this arbitrationrespectfully pleaded, on the 9th April 2014:
That this appeal has been filed from an Arbitration Award dated 25 th March 2014, in the names above premised which Arbitration was determined by Arbitrator Adv. Dr. Grazio Mercieca, after he was appointed arbitrator by the Registrar of the Maltese Arbitration Centre, in terms of Cap 387 of the Laws of Malta.
Facts.
The facts of the case can be summed up in brief in this manner.
On the 30th July 2010, in Gudja, an incident occurred between the vehicle with registration number JUL 153 driven by Niko Zammit and property of Gilbert Grima and the vehicle registration number MIL 382 driven by Milaine Fabri and property ofGiovanna sive Jane Catania. The vehicle MIL 382 was insured under a comprehensive insurance policy issued by the insurance company Untours Insurance Agents Limited, which thus paid for all the repairs on the same vehicle.
The vehicle JUL 153 was insured under comprehensive insurance policy issued by the company Gasan Mamo Insurance Limited, in the name of its insured Gilbert Grima and which policy covered exclusively the assured Gilbert Grima and no other driver.
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The present Arbitration was filed by the company Untours Insurance Agents Limited, in the capacity above premised and this in order that it recoversall the sums of damages it had disbursed.
The Arbitration.
That the present Arbitration was decided by;
The arbitrator declared that both Niko Zammit as well as Gilbert Grima are in solidum responsible for the incident in question.
The arbitrator declares that they are responsible for the amount of damages amounting to € 2,900 limitedly to Untours Insurance Agents Limited.
The Arbitrator condemns the same respondents to pay in solidum and between them to Untours Insurance Agents Limited, the sum of € 2,900 with ‘legal interest from the date of filing of this procedure till the date of effective payment as well as the costs’.
Finallythe award of the arbitrator states thus;
‘Thus Gilbert Grimashallo be exempted from every responsibilityonce within fifteen days from the service to him of this award he does not present an authentic copy of the police report which shows to the satisfaction of the Arbitrator that thereport regarding the theft was made before the date and timeof the collision subject of the Arbitration’.
The Grievances.
That the appellant company felt aggrieved from this award and is filing this humble Appeal.
That the Grievances are clear and manifest and consist in the following;
A).... That in the first placeit results that there is place for correction in the heading of the Arbitration and this in the sensethat nowhere are there mentioned the ‘insurance principals ‘ of the company Untours Insurance Agents Limited, which as testified by its own name, it is the agent for another insurance companyand has no authorisation or license to issueinsurance policiesin its name in Malta, but only in the name of QIC International LLC, thus and till such correctionis made the company Untours Insurance Agents Limited, has no juridical interest in these procedures and thusthe Arbitrationis totally null and without effect.
B) That as regards the merit the appellant company feels that the award of the 25th March 2014, is somewhat absurd in its conclusions and this because it leavesthe same appellant company in the impossibility to have a definitive conclusion regarding this incident, in its hand, so that it might turn against its insured to recover the full amount that it might pay in terms of its obligations according to Cap 104 of the Laws of Malta.
This is being stateddue to fact that the award in question is not defintive.
The Awardis doubly absurd in the sense that whilst the term of appeal is running, there is running also a period during which the award can be changed.
In the circumstances and in order to safeguard its rights and interests the appellant companyhas no remedy but to file this appeal.
The appellant company points out that the demand of the respondent applicant textually read thus.
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Nowhere in these demands or in any other part of the demand brought forward by the applicant respondents is there any demand so that the arbitrator shall examinethe matter whetherthere is a valid insurance cover or no on the vehicle driven by Niko Zammit or property of Gilbert Grima. The arbitration is built on the demand for damages in tort resulting from a simple street incident and it was the duty of the arbitrator to determinewho from the two drivers was negligent or careless in his driving so much so that he caused incident de quo. The arbitrator was never asked to determine any other matter.
Despite of this the arbitrator appearsto have dedicated the major part of his award to this matter and limit his appreciationto that which actuallyoccurred during the incident and concluded in one linethat ‘Regarding the responsibility of the incident there is no doubt’ and then simply repeated the version given by the parties immediately after the incident.
The Arbitrator then dedicated more than two thirds of the award to explainwhy the owner of the vehicle and namely the respondent Gilbert Grima, is to be held responsible for the incident although it results clearlythat he was not driving the vehicle at the time of the incident.
The arbitrator also delved into the matter whether the vehicle was stolen or not by Niko Zammit from the owner.
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In the circumstances the judgement is different from two aspects:
The decision of the Arbitrator is ultra petita in so far as it decided on the matter of theft of the vehicle or not without being asked by the applicant respondent or by any other party to delve into this matter.
The decision of the Arbitrator is contradictory and goes against the basicprinciples of this procedure, because it is subject to be changed completely if the respondentbrings forward proof after effectively the collection of proofin this case is definitively closed. In effect if this type of conditionaldecisions were acceptable the rights of the parties as sanctioned in art 39 of the Constitution ofMalta and Art 6 of the European Convention of Fundamental Human Rights would have been seriously prejudiced.
That for all intents and purposes the appellant company declares that together with this Appeal application, she deposited the sum of (€2,900) in the Registry of the Superior Courts, in order to exonerate herself from the payment of anysum due by way ofinterest that can run according to the award of the arbitrationand to be withdrawn by the respondents afterthis Honourable Court, gives its authorisation.
Thus and for the reasons above exposedthe appellant intervening company GasanMamo Insurance Limited, praysthat this Honourable Court, reforms the Arbitration awardof the 25th March 2014, given in the names premised as demanded in this application.
With costs of this arbitration against the respondent Zammit and with costs of this instance against the respondent applicants.
Notify.1................omissis..................
2. Gilbert Grima, 74, Stuart Street, Gzira.
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Avv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1350
1350By a decree delivered by the Court Of Magistrates (Gozo), Superior Jurisdiction, General Section, on 27th of August, 2014 in the records of judicial sale by auction number 13/2014, in the names of “Carmel Portelli et vs Dr Joseph Grech noe et”, the day of Monday 13th October 2014 at 10.00 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY LICITATION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:
1. Tenement without an official number but with the name ‘Jodosibest’, Għajn Qamar Street, Xagħra, Gozo, bounded West with the mentioned street, North with property of Carmelo Hili or his successors in title and South with property of Mark Grech or his successors in title, valued at €285,000.
This property belongs to Declan Coleman Porter, in business, son of the late Coleman Porter and Monica née Mullarkey, born in Dublin, Ireland, identity card number 34085A and will be sold as described in the report sworn by AIC Damian Vella Lenicker on the29th of July, 2014.
Daniel Sacco
For the Registrar
Gozo Courts and Tribunals
Notice 1351
1351Whereas Marija Sive Mary Portelli and Toni Sive Anthony Portelli filed a writ of summons no. 62/2014 (JVC) in the names “Marija k/a Mary Portelli et -vs- Direttur tar-Registru Pubbliku għal Għawdex” demading corrections in their Act of Marriage bearing number one hundred and eighty nine of the year one thousand nine hundred and seventy (189/1970).
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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.
Maureen Xuereb
For the Registrar
Gozo Courts and Tribunals
Bann for Curators
1352Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 18 th August 2014, following a request of United Automobile Limited, it was ordered that deputy curators be chosen to represent all the respondents who are absent from Malta, in the sworn application 719/14 JPG, in the names United Automobile Limited vs Adam Charles Richard Sammut, and in the relative and subsequents acts.
By means of an Application, filed, in the First Hall Civil Court, in the names United Automobile Limited (C 5845) v Adam Charles Richard Sammut, (70303L) in terms of Article 929(A) of Cap. 12, on the 13th August 2014, in the records of the Sworn Application number 719/14 JPG, in terms of Article 929(b) of Cap. 12 on the 13th August 2014, the applicant company United Automobile Limited, in terms of Article 929(a) of Cap. 12 premised;
That together with this application it is presenting another application whereby it is asking for the transfer back of the vehicle in its name by means of the appointment of curators. That the said vehicle was registered in the name of Rose Marie Edith Sammut ( 12959A) who is today deceased and left behind her her children Paul Sammut, Richard Sammut, Allison Lemmin, Diana Davis, Simone Sammut and Adam Sammut, as heirs by universal title. All these live outside Malta except Adam Sammut who is not disposed to supply the details of his siblings as they are not on good terms. The transfer of the vehicle cannot be made without the appearance of Paul Sammut, Richard Sammut, Allison Lemmin, Diana Davis, Simone Sammut and Adam Sammut.
Thus and for the reasons above brought forward the company United Automobile Limited (C 5845) prays with respect that this Honourable Court, appoints a curator to appear for all the respondents which are absent from Malta, namely Paul Sammut, Richard Sammut, Allison Lemmin, Diana Davis and Simone Sammut and this according to Article 929(a) of Cap. 12 of the Laws of Malta.
By means of a Sworn Application, filed, in the First Hall Civil Court, Sworn Application 719/14 JPG, above already mentioned and in the same names above United Automobile Limited (C 5845) vs Adam Charles Richard Sammut (70303L) on the 13th August 2014, the applicant company United Automobile Limited, asked the defendants to state why this Honourable Court should not saving any necessary declaration;
1..... Declare that as the defendants remained in default and did not pay and due to the nature of the agreement the vehicle should be registered once again in the name of the applicant company and thus in view of the first demand order the transfer by means of deputy curators of the details in the log book so that this shall be calling the applicant company instead of the current details of the deceased Rosemary Edith Sammut, in a short time or take all the opportune provisions so that this transfer be made.
With costs saving any other demand which the applicant company may have in the circumstances.
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 should 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 Giannino Caruana Demajo LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1353
1353By a decree of the Small Claims Tribunal of 5th May 2014, 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 plc of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 25th March 2014 whereby they asked the Tribunal to condemn George Micallef (ID 66263M) of 31, Flat 4, Triq il-Grigal, Isla, to pay the plaintiff company the sum of €888.18 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 220/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 1354
1354By a decree of the Small Claims Tribunal of 26th May 2014, 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 plc of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 23rd April 2014 whereby they asked the Tribunal to condemn Suki Anne O’Brien (ID 79384A) of Aragon Court, Flat 22, Triq il-Qaliet, Wied il-Għajn, to pay the plaintiff company the sum of €1,108.12 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 261/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 1355
1355By a decree of the Small Claims Tribunal of 5th May 2014, 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 Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 25th March 2014 whereby they asked the Tribunal to condemn Hatherly Rittmar (ID 363987M) of 171, Flat 3, Triq San Duminku, Valletta, to pay the plaintiff company the sum of €828.26 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 214/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1356
1356By a decree of the Small Claims Tribunal of 20th August 2014, 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 Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 29th April 2014 whereby they asked the Tribunal to condemn Barton Nigel Hugh (ID 33888A) of 40, St Joseph Court, Flat 58, Triq l-Imħar, San Pawl il-Baħar, to pay the plaintiff company the sum of €1,067.29 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 281/14GB) is put off on the 19th September 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1357
1357By means of a decree of the 14th February 2014 in the Court of Magistrates (Malta) in the records of the judicial letter number 3564/13 in the names Bank of Valletta p.l.c. vs Doreen Spiteri ordered 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 Courts of Magistrates (Malta) against Doreen Spiteri (ID 167979M) of 44, Arc-En-Ciel, Triq il-Ħarriġiet, Mqabba, on the 14th November 2013, Bank of Valletta p.l.c. of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €1,979.88 balance of debt in your Loan Account with Bank of Valletta p.l.c. together with further interests from the 6th July 2013 till the date of effective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1358
1358By means of a decree of the 26th August 2014 on an application of Raymond Borg and others filed on the 5th August 2014, application number 727/2014 this Honorable Court ordered the opening and the publication of the secret will of Teresa Borg, widow of Romeo Borg, daughter of the late Giuseppe Falzon and Teresa Falzon née Farrugia born in Cospiuca and died in Luqa on the 27th May 2014 aged 90 holding identity card number 0568826(M).
The opening and publication of the will is going to be held on Friday 26th September 2014 at quarter to one in the afternoon (12.45 p.m.) at the Annexe of the Law Courts in 34, Strait Street, Valletta by deed of Notary Doctor Charles Vella Zarb.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1359
1359By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 22nd August 2014, Application number 770/2014 by Carmelo Scicluna and others whereby they prayed that it be declared open in favour of the same Carmelo Scicluna, husband of the decujus and this in the quota of one half (1/2) undivided share; and in favour of Gordon, Jonathan and Maria Angela, all brothers and sister Scicluna and this in the quota of one sixth (1/6) undivided share each one of them the SUCCESSION of Ġorġa known as Giorgina Scicluna, wife of the same Carmelo Scicluna, daughter of Angelus Bellizzi and Mary née Debono, born in Ħal Qormi, resided in Ħad-Dingli and died in tal-Qroqq Msida on the 18th March 2014 aged 59, intestate, holding identity card number 0616954(M).
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1360
1360By means of a decree on the 11th July 2013, in the records of the judicial letter number 1107/11, in the names United Acceptances Finance Ltd vs David Mangion et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent David Mangion in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against David Mangion (ID 629352M) of 273, Flat 1, Ħaż-Żabbar Road, Fgura u Mary Doris Mangion in solidum together, on the 5th April 2011, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to the four (4) bills of exchange signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked with numbers 46 to 49.
The interpellant calls upon so that within two day you pay the sum of €624.28 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 you that 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 to oppose 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 Cap. 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 Cap. 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1361
1361By means of a decree on the 29th November 2012, in the records of the judicial letter number 933/12, in the names United Acceptances Finance Ltd vs Renald Farrugia et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent L.R.T. Co Ltd in terms of Article 187(3)et seq of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Renald Farrugia in his own name and for and on behalf of L.R.T. Co Ltd (C20627) of KW19J, Kordin Industrial Estate, Kordin and Michelle Farrugia together in solidum, on the 3rd April 2012, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to the five (5) bills of exchange signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked with numbers 51 to 55.
The interpellant calls upon so that within two day you pay the sum of €931.75 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 you that 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 to oppose 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 Cap. 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 Cap. 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1362
1362By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 21st August 2014, Application number 758/2014 by Faustino Barbara nomine whereby he prayed that it be declared open in favour of his children Toshera and Tyrein brother and sister Barbara, children of the decujus in equal shares between them the SUCCESSION of Shirley Xuereb, daughter of Josephine Xuereb and unknown father, born in Attard resided in Gżira and died in tal-Qroqq of Imsida on the 27th December 2007 aged 35, intestate, holding identity card number 0412272(M).
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1363
1363By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 7th August 2014, Application number 732/2014 by Noel, Joseph,Godfrey and Sylvana wife of Emanuel Spiteri all brothers and sister Zahra children of the decujus whereby they prayed that it be declared open in their favour in equal shares between them the SUCCESSION of their mother Francesca Zahra widow of Lorenzo Zahra, daughter of the late Michele Bonett and Emanuela née Vella, born in Marsa and resided in San Vincenz in Luqa where she died on the 2nd June 2014 aged 81, holding identity card number 0007533(M) intestate.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Bann for Curators
1364Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 5th August 2014, following a request of Louise Pick, it was ordered that Deputy Curators be chosen to represent theabsent Steffen Pick, in the records of the Sworn Application, number 171/14 RGM,in the names ‘Louise Pick vs Deputy Curators and in the relevant and subsequent acts.
By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Louise Pick (ID 118689M) vs Deputy Curators to represent the absent Steffen Pick (ID 15661A) on the 31st July 2014, the applicant Louise Pick ID 118689(M) asked the defendant to state why this Honourable Court should not saving any necessary declaration;
1. Pronounce the dissolution of marriage between the parties by means of divorce in terms of Article 66A et seq of Cap. 16 of the Laws of Malta and uphold the other demands in the application.
With costs, against the defendant summoned so that a reference to his evidence be made.
Applicant: 35, JoeMar, Flat 2, Triq it-Tunnara, Żurrieq.
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 should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court (Family Section) above mentioned, with the witness of the Hon. Mr. Justice Tonio Mallia LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1365Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 13 th March 2014, following a request of Bank of Valletta p.l.c. it was ordered that deputy curators be chosen to represent the company TimberLand Limited, in the records of the Judicial letter in the names Bank of Valletta plc vs Deputy Curators and in the relative and subsequent acts.
By means of a Judicial letter, filed, in the First Hall Civil Court,on the 12th March 2014, against Deputy Curators appointed to represent the company Timberland Limited (C 16878) the company Bank of Valletta p.l.c. (C 2833) called upon the respondent company so that within two days they pay the sum of fifty one thousand one hundred and five Ewro and ninety seven cents (€ 51,105.97) balance of debt in the ‘Overdraft Accounts’ of the company Timberland Limited, with the Bank of Valletta p.l.c. together with further interest, from the 6th March 2014, till the date of effective payment.
The interpellant company warns you fail they shall be constrained to proceed against you according to law.
Interpellant company: Bank of Valletta (C 2833)
1/5, Misrah San Ġorġ, Valletta VLT 1190.
Respondents: Deputy Curators, Superior Courts, 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, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals.
Notice 1366
1366By means of a decree given, by the Civil Court Firsdt Hall, on the 26th August 2014, in the records of the Warrant of Prohibitory Injunction in the names Taliana Alfred et vs Cordina Vincent et, Warrant Number 1215/14 JA, the following publication was ordered for the purpose of service of the defendants Vincent Cordina et, in terms of article 187(3) et seq. of Cap. 12.
By means of an application filed in the First Hall Civil Court, in the names (applicant) Alfred Taliana (ID 0632460M) and Maria Helena ka Marlene Taliana (040061M) vs (Respondent) Vincent Cordina (ID 0090172M) and Romina Cordina (ID 0209875M) on the 8th August 2014, the applicant Alfred and Maria Helena ka Marlene Taliana (Id 0632460M) and 0400561M) respectfully pleaded:
That the interpellants have an interest to safeguard their rights;
That the interpellants in order to safeguard their rights wish to withold the respondents from continuing to carry out the things herein mentioned;
That the respondents Vincent and Romina spouses Cordina and or through third parties comence, or continue the demolition, construction and development of any nature in the premises with the name ‘Fleur de Mai’ and the relative airspace previously apartment number two (2) forming part of a block of two flats in Triq Luqa Briffa, Gzira, as described in the Document AMT attached with the Warrant and for the reasons therein mentioned.
Civil Court, First Hall
Hon. Mr. Justice Joseph Azzopardi LLD.
In the records of the Warrant of Prohibitory Injunction 1215/14
in the names
Taliana Alfred et
vs
Cordina Vincent et.
The Court,
Saw the application,
Upholds the request provisionally and orders that the respondent be notified and is to file the reply within ten days.
Appoints the application for hearing on the 19th August 2014, at 9.30 a.m.
Applicant: Kampanella, Triq Luqa Briffa, Gżira.
Respondent: Fleur de Mai, Triq Luigi Briffa, Gżira.
Execution. Fleur de Mai, Triq Luqa Briffa, Gżira.
The Application Warrant of Prohibitory Injunction 1215/14 JA, in the names Taliana Alfred et vs Cordina Vincent et, has been put off to the 4th September 2014, at 10.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1367
1367By a decree of the Small Claims Tribunal of 22nd May 2014, 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 plc of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 21st February 2014 whereby they asked the Tribunal to condemn Maskell Arthur Teddy (ID 54904L)of 104, Sempre Vive, Triq tal-Kleru, Fgura,to pay the plaintiff company the sum of €957.21 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 118/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 1368
1368By a decree of the Small Claims Tribunal of 19th May 2014, 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 plc of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 14th March 2014 whereby they asked the Tribunal to condemn Marina Micallef (ID 2000779P) of San Mar Court, Flat 10, Triq l-Empire Stadium, Gżira,to pay the plaintiff company the sum of €898.11 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 190/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1369
1369By a decree of the Court of Magistrates (Malta) of the 14th April 2014, 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).
J Zammit Limited (C 37945) of Aries House, Mdina Road, Żebbuġ, Malta filed a Claim on the 3rd March 2014, whereby they asked the Court to condemn Vanessa Edwards (ID 293971M) of Icaria, Flat 5, Triq Santa Margerita, Siġġiewi, to pay the plaintiff company the sum of €8,249.34 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Notice Number 77/14FDP) is put off to the 22nd September 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1370
1370By a decree of the Small Claims Tribunal of 5th May 2014, 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 Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 4th March 2014 whereby they asked the Tribunal to condemn Marija Kristina Engerer (ID 91285M) of 35, Venere, Triq il-Qalb ta’ Ġesù, Birkirkara,to pay the plaintiff company the sum of €365.65 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 148/14NHV) is put off on the 22nd September 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1371
1371NOTICE
Whereas the plaintiff Rosella Casha (ID 477574M) filed an application under oath (No. 177/14 RGM) demanding CORRECTION in the ACT OF BIRTH of the minor children Shanaia Casha, Alexei Casha u Miguel Casha number 3909/02, 3908/02 and 190/06 respectively 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,
Cora Azzopardi
For Registrar, Civil Courts and Tribunals
Notice 1372
1372By means of a decree given, on the 7th August 2014, by the Court of appeal, in the records of the Appeal Application, in the names Doris Agius vs Peter Agius et, Application Number 939/12 SM, the following publication was ordered for the purpose of service of the respondent Peter Agius, in terms of Article 187(3) et seq. of Cap. 12.
By means of an Appeal Application, filed, in the Court of Appeal, Application Number 939/12 SM, in the names Doris Agius vs Peter Agius, Anthony Camilleri and his wife Carmena Camilleri, on the 9th April 2014, the applicant Doris Agius, ID 209269(M)respectfully pleaded;
That the appellant filed a sworn application, on the 17th September 2012, whereby she premised the following;
That by means of a contract of constitution of debt, dated 15 th October 2009, the respondent Peter Agius, constituted himself, a true, certain and liquid debtor in favour of Anthony and Carmen spouses Camilleri, in the sum of seventy nine thousand six hundred and thirteen Ewro (€79,613.00) at interest of 8% and this in the records of Notary Mario Bugeja.
That in the same contract indicated in the preceeding paragraph a special hypothec was inscribed in favour of the respondent spouses Camilleri and this on the appartment internally marked number one (1) at the first floor level forming part of the block number fifty two (52) in Triq Gafà, Mosta.
That in terms of articles 1322 (3) (b) (f) and (l) of the Civil Code, a deed of constitution of debt with a general hypothec and a special one on the immovables are considered as a deed of extraordinary administration and the right to carry out these deeds of extraordinary administrationare vested in the two spouses together.
That the contract above refered to was signed by the respondent Peter Agius only, without the consent of the applicant.
That although the respondent Carmena Camilleri, is mentioned as a party in the contract de quo it does not appear that she effectively signed the same contract.
That after the said constitution of debt a judicial sale was cartried out that number 95/2010, in the names Anthony and Carmen spouses Camilleri vs Peter Agius;
That following the same judicial sale indicated in the preceeding paragraph the premises indicated before was adjudged in favour of the same respondent Camilleri.
That as a consequence of the same the applicant called upon this Court and asked that it;
‘Declares that the said contract of constitution of debt, dated 15th October 2009, in virtue of which the respondent Peter Agius, constituted himself, a true, certain and liquid debtor in favour of the respondents Anthony and Carmen spouses Camileri, in the sum of seventy nine thousand six hundred and thirteen Ewro (€ 79,613.00) with interest at 8% in the records of Notary DrMario Bugeja, whereby there was also inscribed in favour of the respondents spouses Camilleri a special and a General hypothec, is null and without effect for all intents and purposes of law.
To declare irregular and null the Judicial Sale proceedings number 95/2010, in the names Anthony Camilleri et vs Peter Agius, adjudged on the 12th July 2011.
With costs, against the respondents.
That by means of a sworn application dated 22nd October 2012, the appellants Camilleri pleaded the following;
That the contract of constitution of debt between Peter Agius and the respondents de quo, dated 15th October 2009, is a valid contract and was made with the consent of the applicants in terms of a power of attorney in the records of Notary Dr. Tonio Spiteri dated 17th April 1993.
That the applicant knew of the negotiations that the respondent her husband Peter Agius was carrying out with the other respondents Camilleri relating to the debt due to them.
That the property hypothecated is the property of the respondent Agius and does not form part of the community of acquests of the spouses Doris (the applicant) and Peter (the respondent ) spouses Agius;
That thus the second (2) demand of the applicants cannot be upheld juridically.
Saving other pleas.
With costs, against the applicants.
That the respondent Peter Agius remained in default.
That in virtue of a judgement in the names premised given by the First Hall Civil Court , presided by the Hon. Mr. Justice Dr.S. Meli, on the 20th March 2014,rejected the demands of the appellant plaintiff, with costs, against her, ordered also that a copy of this judgement and of the records in question be sent to the Commissioner of Police, to investigate the appellant and decide whether there exist sufficient reasons to take criminal procedures against her for perjury under article 106 of Cap. 9 of the Laws of Malta.
.................omissis....................
That the appellant felt aggrieved by this judgement and is filing a humble appeal.
That the grievances are clear and manifest and consist in the following.
The First Grievance - The Power of Attorney.
That it appears that the Court of First Instance decided the merit of the present cause by giving a certain weight to the general power of attorney that the appellant had given to her husband.
That however the appellant humbly submits that although it is the case that there exists a general power of attorney, this should not mean that she gave her consent so that the respondent do all that he wishes with the assets of the community of acquests.Effectively the registration of a general hypothec is one of those acts of extraordinary administration which requires the consent of the spouses.
That it is well established that the mandatary is vested with various obligations. Here reference is made to Article 1874(1) of Cap. 16 of the Laws of Malta which provides that.
1874(1) The Mandatary is answerable not only for malicious acts, but also for negligence in the execution of the mandate.
..............omissis..........
That from all this it results that the fact that a woman has given a general power of attorney to her husband does not atomatically mean that she has given her consent so that the husband can administer the commmunity of acquests even in her name as he wishes and without limit.
That worse than this it results that in the contract of constitution of debt de quo the respondent Agius appeared in his name and not as a mandatary of his wife. The appellant thus cannot agree with the Court of First Instance whereby it decided that once it gave a power of attorney it cannot be that she did not know about the deed of constitution of debt.
The Second Grievance - Regarding the lack of proof of the power of attorney.
That the appellant further submits that it is well established and accepted that documentary evidence should only be admissible as proof and thus be given weight as evidence if this document is confirmed under oath by the person who draws it up.
That in the first place it is well known that in our procedure there exists the principle that the party should bring foward the best proof. With all due respect the best proof would have been that the power of attorney attached to the contract and signed by all the parties which does not result to have been done from the records although the Notary refered to it.
That this principle is also codified in Cap. 12 of the Laws of Malta and namely in Article 559 of the same.
That in order to avoid repetition reference is made to the note of submissions filed before the Honourable First Court, whereby reference to the judgement in the names Vastek International Limited vs Engineering Technology Limited (Decided 15th December 2003, Writ of Summons No 1003/2000).
‘The report of Professor Joseph Agius, attached to the affidavit of Paul Farrugia (exhibted a fol. 58 et seq. of the proceedings) was not confirmed under oath by the same Profs. Agius and does not constitute proof of its contents. In this regard reference is made to the judgement of this Court , as differently presided of the 14th November 2002, in the cause in the names Advocate Dr José A. Herrera nomine vs Alfred Pace et nomine whereby in the case of a document which is not confirmed by the party who draws it up, the Court, made reference to the judgement of the Court of Appeal, of the 19th October 1983, in the cause in the names Xuereb vs Callus, whereby it was established that if a document exhibited cannot be confirmed by oath, it is not valid as a proof of its contents’.
That when the Notary testified he mentioned only that there exists a power of attorney which after all was drawn by another Notary who did not come to testify in these procedures.
That consequently the appellant humbly points out that she does not agree with the Court order, to send the records to the Commissioner of Police, in order to investigate her for perjury.
Thus the appellant whilst referring to the proof exhibited in the records and reserves the right to bring forward further proof according to law, humbly prays that this Honourable Court, cancels and revokes the judgement of the 20th March 2014, in the names premised given by the First Hall Civil Court and upholds the plaintiff’s demands with costs.
Respondent: Peter Agius, 86, Triq il-Greċja, Naxxar.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1373
1373By a decree of the 1st September 2014 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 187(3) of the Code Of Organization And Civil Procedure (Chapter 12)
By decree given by the Civil Court, First Hall on the 21st July, 2014, on the application of MARK GAFFARENA ET, Thursday, 9th October, 2014 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.
1. Seven out of twenty-four (7/24) undivided share of the tenement number fifty-five (55), in Triq iż-Żonqor, Marsaskala, granted to third parties by title of lease, otherwise free and unencumbered, which share is valued at twelve thousand euro (€12,000).
2. Seven out of twenty-four (7/24) undivided share of the adjacent tenements number one hundred and forty-four (144), one hundred and forty-five (145) and one hundred and forty-six (146), in Triq San Ġużepp, Ħal Tarxien, which property is free and unencumbered and which share is valued at eighty-five thousand euro (€85,000).
The said tenement is the property of LOUIS CONTI on behalf of ERMINIA CONTI.
N.B. The said tenement will be sold as described in the acts of file number 58/10.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1374
1374NOTICE
Whereas Maria Antonia Serge, filed an application under oath (No. 743/2014/LSO) demanding CORRECTION in the ACT OF BIRTH number 4115/36 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,
Josette Demicoli
For Registrar, Civil Courts and Tribunals