Court Notices published in Govt. Gazette No. 19,327 of 17 October 2014

By a decree given on the 10th October,2014, by the Civil Court First Hall, the Court ordered that the extracthereunder mentioned be published for the purpose of service according toArticle 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court FirstHall,  on the 18th September, 2014, onthe application of Bank of Valletta plc, Monday, 27th October, 2014 at elevenin the morning, has been fixed for the Sale by Auction to be held on the firstfloor of these Courts of Justice, Republic Street, Valletta, of the followingitems seized from the property of Briffa Alexander (ID 543265M) and BriffaLorenza (ID 156868M).

Life policy number EPSTF 45246N issued byMiddle Sea Valletta Life Assurance Company Limited.

N.B. The said policy will be sold asdescribed in the acts of the file number 15/14.

Marvic Farrugia

For the Registrar CivilCourts and Tribunals

By means of  a decree given  on the 4th October, 2014, by the Civil Court(Family Section), in the records of the judicial letter, in the names NadineSammut vs Roderick Micallef, letter number 1363/13, the following publicationwas ordered for the purpose of service of the respondent in terms of Article187 (3) et. seq. of Cap. 12.

By means of an Application filed in theCivil Court (Family Section), in the records of the letter number 1363/13, inthe names Nadine Sammut vs Roderick Micallef, the applicant Nadine Sammut (ID167387M) respectfully pleaded:

That the parties have a girl named…omissis…, and who is almost three years old.

That the respondent has not paid anymaintenance since the birth of…omissis…

That the applicant pays for all the needsof the minor girl.

That it is in the light of this resistancethat the applicant had no other option but to ask this Honourable Court todecree and order that the respondent pay adequate maintenance for her daughter.

That Article 20 (1) of Cap. 16 of the Lawsof Malta provides  that ‘The maintenanceis to be given according to the needs of the person demanding it and the meansof the person giving it’.

That in these particular circumstances,the applicant is presenting an approximative sworn prospectus which shows theexpenses she has in regard to her daughter…omissis….

Thus, the applicant respectfully praysthis Honourable Court:

(i) To order the respondent to pay theapplicant the sum of €350 in maintenance for their daughter;  or

(ii) Liquidate that sum which this Courtshall fix as maintenance for the minor…omissis…, and this besides one half ofthe education and health.

Respondent: 68, Dun Amabile Sisner Street,Pembroke.

Adv. FrankPortelli, LLD

For the Registrar Civil Courts andTribunals

By a decree given by the Civil Court FirstHall, on the 23rd September, 2014, on the application of Grixti Tony, Tuesday,18th November, 2014 at half past ten in the morning, has been fixed for theSale by Auction to be held in the first floor of these Courts of Justice,Republic Street, Valletta, of the following properties:

The groundfloor maisonette with ownairspace, in Sqaq San Anard, sive Sqaq San Leonardu, unofficially marked withnumber five (5) letter ‘A’, subject to an annual and perpetual groundrent offour cents two mils (4c2), free and ununcembered, with all its rights, andvalued one hundred and seventy-five thousand and five hundred Euro (€175,500).

The ground floor maisonette with ownairspace, in Sqaq San Anard, sive Sqaq San Leonardu, unofficially marked withnumber five (5) letter ‘B’, subject to an annual and perpetual groundrent offour cents two mils (4c2), free and ununcembered, with all its rights, andvalued one hundred and twenty-nine thousand Euro (€129,000).

The said tenements are the property ofBonnici Carl et.

N.B. The said tenements will be sold asdescribed in the acts 74/2013.

Rudolph Marmarà

For the Registrar Civil Courts andTribunals

Republic of Malta

To the Court Marshall 

By means of a decree given by this Court,on the 9th October, 2014, following a request of Carmelo Cachia,  it was ordered that deputy curators be chosento represent the absent Victor George Muscat, in the records of the applicationin the Rent Regulation Board, with number 82/2014 GG, in the names CarmeloCachia vs Deputy Curators, and in the relative and subsequent acts.

By means of an Application filed in theRent Regulation Board, Application number 82/2014 GG, in the names CarmeloCachia (ID 457538M) vs Deputy Curators to represent the absent Victor GeorgeMuscat, on the 7th October, 2014, the applicant Carmelo Cachia (ID 457538M)respectfully pleaded:

That the applicant rents from VictorGeorge Muscat, the premises with the name ‘Virginia House’, Triq Għar Dalam,Birżebbuġa, which premises is the ordinary residence of the applicant.

That on the 19th February, 2011, it wasconfirmed  the premises in questionsuffered damages of a structural and extarordinary nature.

That the damages are of an extarordinarynature, and thus the expense are to be borne by the owner of the premises.

Thus, the applicant asks this HonourableBoard:

1. To condemn within a short andperemptory period the respondent to carry out the necessary repairs.

2. To authorise the applicant so that incase the respondent fails to carry out these repairs, he carries out thenecessary works under the supervision of a technical referee to be appointed.

With costs against the respondent summonedso that a reference to their evidence be made.

Applicant: Carmelo Cachia, ‘VirginiaHouse’, Triq Għar  Dalam, Birżebbuġa.

Notify: Deputy Curators, Courts ofJustice, Valletta.

You are therefore ordered to affix anofficial copy of this bann at the entrance of this Superior Court, and tosummon whosoever wishes to act as curator to appear before this Registry withinsix days, and by means of a minute to submit a declaration that he wishes so toact.

You are also ordered to inform each onethat if he fails to make this declaration within the stipulated time, the Courtwill proceed to the selection of Curators of Office.

And after so acting, or if you shouldencounter any difficulty in the execution of this bann, you are to informforthwith this Court.

Given by the Superior Courts abovementioned with the witness of the Hon. Magistrate Giovanni Grixti, LLD, Doctorof Laws.

Adv. FrankPortelli, LLD

For the Registrar Civil Courts andTribunals

By means of a decree given by the FirstHall Civil Court, on the 2nd October, 2014, in the records of the SwornApplication, in the names Island Souvenirs Limited vs Muscat Roderick noe,application number 766/14 MCH, the following publication was ordered for thepurpose of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.

By means of an Application filed in theFirst Hall Civil Court, in the names Island Souvenirs Limited (C 56518) vsRoderick  Muscat (ID 116665M), carryingon trade as ‘Neilara Imports’, on the 13th September, 2014, the applicantcompany Island Souvenirs Limited (C 56518) asked this Honourable Court:

To declare the defendant responsible ofunfair competition in regard to the applicant company in terms of law by theuse of the ‘get up’/a dress for products consisting of a particular designcharacterised by the word ‘Malta’, and condemn the same defendant to pay apenalty which shall be established by this Honourable Court in terms of Article37 of the Commercial Code, which penalty should not exceed the amount of€4,658.75.

With costs against the defendant summonedso that a reference to his evidence be made.

Defendant: ‘Rolan’, Triq l-Iskud, Swieqi.

The Sworn Application in the names IslandSouvenirs Limited vs Muscat Roderick noe, application number 766/14 MCH, hasbeen deferred for the 4th November, 2014, at 9.00 a.m.

Adv. FrankPortelli, LLD

For the Registrar CivilCourts and Tribunals

By means of a decree given by the RentRegulation Board, on the 2nd October, 2014, in the records  of the Sworn Application, in the  names Maria Dolores Vella Zarb vs MatthewScicluna, application number 18/14 GG, the following publication was orderedfor the purpose of service of the respondent in terms of Article 187 (3) et.seq. of Cap. 12.

By means of a Notice of hearing of a causeissued by the Registrar Superior Courts, on Wednesday, 28th May, 2014,  the Sworn Application number 18/14 GG, in thenames Vella Zarb Maria Dolores vs Scicluna Matthew, was appointed for hearingon Wednesday, 18th June, 2014 at midday, and deferred for the 20th November,2014, at 11.30 a.m.

Respondent: 144, Triq is-Salini,Marsaskala.

Adv. Frank Portelli,LLD

For the Registrar Civil Courts andTribunals

By means of a decree given by the FirstHall Civil Court, on the 2nd October, 2014, in the records of the SwornApplication, in the names Portelli Paul J. et vs Parnis Saviour et, applicationnumber 720/14 AF, the following publication was ordered for the purpose ofservice of the respondents in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed inthe First Hall Civil Court, in the names Paul J. Portelli (ID 63780M) and AnnaM. Portelli (ID 450268M) vs Saviour Parnis, sive Silvio (ID 498865M) andDorianne Parnis née Cauchi (ID 178586M), on the 13th August, 2014, theapplicant Paul and Anna Portelli asked this Honourable Court:

To declare that the respondents renderedthe common wall and land which belonged to the plaintiffs, for which commonwall and land the plaintiffs are to be compensated by the respondents in theamount of €8,663.37 or more correct sum liquidated by this Court, and upholdthe other demands in the application.

With costs and interest according to lawagainst the respondents summoned so that a reference to their evidence be made.

Respondents: Saviour, sive Silvio andDorianne Parnis, Ir-Razzett l-Aħmar, Triq Sqajjaq, Tarxien.

The Sworn Application in the namesPortelli Paul J. et vs Parnis Saviour et, application number 720/14 AF, hasbeen deferred for hearing to Thursday, 20th November, 2014, at 9.00 a.m.

Adv. FrankPortelli, LLD

For the Registrar Civil Courts andTribunals

It is hereby notified that by a decreedated the 16th June, 2014, the Court of Magistrates (Gozo) in its InferiorJurisdiction, ordered the publication of the extract reproduced hereunder forthe purpose of service in terms of Article 187 (3) and 931 (3) of the Code ofOrganisation and Civil Procedure, and this in order that deputy curators benominated in order to represent the respondent Annabel Evans, of  “Tal-Lanċ”, Triq il-Maxrabija, Għasri, Gozo,who is abroad. Those who so wish to represent the said Annabel Evans have tofile a note to this effect in the Registry of the Gozo Courts and this withinsix days from this publication.

Bank of Valletta plc (C 2833), of 102,Republic Street, Victoria, Gozo, filed a judicial letter on the 16th June,2014, in the Court of Magistrates (Gozo) in its Inferior Jurisdiction, letternumber 302/2014, against Annabel Evans, of “Tal-Lanċ”, Triq il-Maxrabija,Għasri, Gozo, wherein it made reference to the balance due by respondent in theamount of €1,273.13c, and wherein it cautioned her that in default of payment,it will proceed judicially against her, including the issue of the opportunewarrants.

Anthony Mizzi

For the Registrar GozoCourts and Tribunals

NOTICE

Whereas the plaintiff Samir Lotfi FahimTawdrous (ID 531295M), filed an application under oath (No. 225/14 AL),demanding Correction in the Act of Birth of the minors Joanne Casha and MariaCasha numbers 3502/04 and 1803/06 respectively in the Public Registry.

Whosoever may have an interest therein andwishes to oppose that demand, is hereby called upon to do so by means of a noteto be filed in the Registry of these Courts within fifteen days from the day ofthe publication of this present notice in the Government Gazette.

Those who within the aforesaid time shallhave filed such note, shall be notified by the service of a copy of the saidapplication under oath of the day which will be appointed for the hearing ofthe case.

By order of the Court.

Rita Mangion

For the Registrar Civil Courts andTribunals

It is hereby notified that by virtue of adecree given on the 27th May, 2014, the Court of Magistrates (Gozo) InferiorJurisdiction, ordered the publication of the following notice for the purposeof service in terms of Article 187 (3) of Cap. 12 of the Laws of Malta, andthis with respect to Anthony Muscat, of Plot 41, Ramla Road, Nadur, Gozo.

The company Joseph Caruana Company Limitedfiled a garnishee order number 160/2008 in the names Joseph Caruana CompanyLimited versus Anthony Muscat, on the 24th September, 2008, and this in theCourt of Magistrates (Gozo) Inferior Jurisdiction, which garnishee order is forthe amount of €9,249.37c plus interests and costs.

Anthony Mizzi

For the Registrar Gozo Courts andTribunals

It is being notified that by a decreedated 13th October, 2014, given by the Court of Magistrates (Malta) as a Courtof Criminal Inquiry  (Magistrate DrNeville Camilleri BA LLD MA (Fin. Serv) (Compilation number 56/2013) in thenames:

The Police

(Inspector Jonathan Ferris)

Versus

NICHOLAS, SIVE NIKKI DIMECH, 35 years,Self Employed, son of Emanuel and Josephine née Micallef, born in St Julians,on the 26th June, 1979, residing at Flat 5, Sea View Apartments, Qui Si SanaSeafront, Sliema, and holder of identity card bearing number 301779 (M).

ORDERED the attachment in the hands ofthird parties in general all monies and other moveable property due, orpertaining, or belonging to Nicholas, Sive Nikki Dimech, prohibits the accusedfrom transferring, pledging, hypothecating, or otherwise disposing of anymovable or immovable property in terms of Article 5 of the Prevention of MoneyLaundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the CriminalCode, Cap. 9 of the Laws of Malta.

Dr John SeychellNavarro

Dip. Hlth Science, Dip. Mgmt. Stud., Dip.Not. Pub. LLB, LLD

Assistant Registrar Criminal Courts andCriminal Tribunals

It is hereby notified that by a decreedated the 15th October, 2014, the Court of Magistrates (Gozo) SuperiorJurisdiction, General Section, ordered the publication of the extractreproduced hereunder for the purpose of service in terms of Articles 187 (3)and 931 (3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 15thOctober, 2014, by this Court upon an application by Anthony Grech and PaulCurmi, (identity card number 39244G and 51957G respectively), whereby it wasordered that deputy curators be nominated in terms of law to represent thepersons who are entitled to receive the herein mentioned groundrent and namely:(a) Maria Saveria Grima, daughter of Francesco Grima and Paola née Galea, bornin Sannat, Gozo, other details about her are not known; (b) Joseph; (c)Pauline, wife of William Formosa Halt; and (d) Helen, sive Nellie, wife of LinoSammut, siblings Zerafa, children of the late Joseph Zerafa and Amelia néeGrima, all born in Victoria, Gozo, other details about her are not known, andthis in the records of schedule of deposit and concurrent redemption ofgroundrent bearing number 296/2014 in the names, Anthony Grech et versusPenelope Properties Limited et, filed on the 7th October, 2014, in the Court ofMagistrates (Gozo) Superior Jurisdiction, General Section, as well as in allthe other related and subsequent acts.

This schedule of deposit relates to theredemption of groundrent imposed on the land know as “Tal-Qsajjem”, sive “Ta’Ras il-Bajjada”, in the limits of Munxar, Gozo, measuring circa 106.8 squaremetres, bounded on the North by Triq il-Puniċi, on the South by Triqil-Biżantini, and on the East by property of the Cremona family or itssuccessors in title, as described in the deed of acquisition in the records ofNotary Emanuel George Cefai, of the 24th July, 1979, and as shown on the plan attachedto the schedule of deposit.

This property is subject to the annual andperpetual groundrent of €34.94c.

Whoever is interested to be nominated as acurator is hereby called upon to call at this Registry within six (6) days, andmake known their interest through a declaratory note to accept such anassignment, and in default, this Court will proceed to nominate an officialcurator.

Issued by the aforementioned Court ofMagistrates (Gozo) Superior Jurisdiction, General Section, under the signatureof Dr Paul Coppini, a Magistrate of the said Court.

Anthony Mizzi

For the Registrar GozoCourts and Tribunals

By means of a decree of the 7th October,2014, of the Civil Court First Hall in the records of judicial letter number2460/14, in the names Elton Joseph Caruana et vs F.C.S. Ltd,  the following publication was ordered for thepurpose of effecting service on the respondent in terms of Article 187 (3) et.seq. of Cap. 12.

In the First Hall of the Civil Court

To F.C.S. Ltd (C 41700), of 44B, LordByron Street, Birguma, Naxxar NXR 4142.

By the present, Elton Joseph Caruana (ID137275M) and Ekaterina Caruana (ID 47756A), of 19, Triq Bieb Bormla, Bormla,whilst referring to the contract of works dated 5th October, 2009, in therecords of Notary Dr Carmel Gafà (Doc. A), and also to the private writingdated 16th October, 2006, drafted by Notary Dr Carmel Gafà (Doc. B), informsyou that by means of this act, you obliged yourself to construct, finish andcomplete in a finished state:

(a) The maisonette in the groundfloorlevel in Triq id-Denċi, Mellieħa; and

(b) The garage at the semi-basement level;and

(c) The store underneath it and the backyard, which store is accessible from the same garage in the same street

Belonging to the applicant, all formingpart of a block that has to be built by you on the land known as ‘Is-Sellum’,in the limits of Mellieħa, measuring 184.29 square metres of land which can bedeveloped, and 32.62 square metres of land, which land is intended for theformation of a road, and which is bounded from the South with Triq id-Denċi,from the East with property of George Portelli or his successors in title, andfrom the North with property of MMGB Company Limited or its successors in titleor other boundaries.

As indicated in the contract of worksdated 5th October, 2009, the works have already been paid in full and finalsettlement in the amount of €46,587.47.

In addition, according to the samecontract, you entered into an obligation to complete the works in accordancewith the art and trade by not later than one year which started to run from thedate of the publication of the contract subject to a penalty of not less than€120 per day for every day of delay for mere delay.

Notwithstanding that the time stipulatedin the contract of works has lapsed, you failed to execute the works inaccordance with the same contract of works, and till today no works has beencarried out by you.

Accordingly, by means of this present, theapplicants are formally informing you that they are terminating with immediateeffect the contract of works given to you as regulated by the contract dated5th October, 2009, and 16th October, 2006, and solicit you so that within oneweek from notification of this judicial letter:

(a) You come forward and appear on thepublication of the relevant contract for the rescission of the contract ofworks dated 5th October, 2009, in the records of Notary Dr Carmel Gafà; and

(b) You refund the applicants or any oneof them the amount of €46,587.47 representing the amount paid by the applicantsin settlement for the works in question; and

(c) You come forward for the payment andthe liquidation of the sum representing the penalties due to the applicantscalculated from the date when you had to finish the works in terms of thecontract of works up until the date of this judicial letter (which is the datewhen the contract of works is being terminated – see Galea Mario et vs CashaRenald et – First Hall Civil Court – 31/10/2001), and this for your delay inthe execution and completion of the works, which penalties are not less than€120 per day of delay in terms of the same contract.

If you remain in default within the timegiven to you, the applicants will have no alternative but to initiate theappropriate judicial proceedings against you including the issue of thewarrants.

So much for your own guidance and to avoidfurther costs.

This judicial letter is sent to youaccording to law.

With costs.

AlexandraDebattista

For the Registrar CivilCourts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the14th October,  2014,  following a request of Melissa Fay Jarman, itwas ordered that Deputy Curators be chosen to represent the absent RobertElijah Eastwood,  in the records of theSworn Application 224/14 AL, in the names Melissa Fay Jarman vs DeputyCurators, and in the relative and subsequent acts.

By means of a Sworn Application filed inthe Civil Court (Family Section),  in thenames Melissa Fay Jarman (English Passport number 519976848) against DeputyCurators to represent the absent Robert Elijah Eastwood, on the 6th October,2014, the applicant Melissa Fay Jarman (English Passport number 519976848)asked the defendant to state why this Honourable Court should not:

Entrust and grant the care and custody ofthe minor children Riley Eastwood and Crystal Eastwood exclusively to theapplicant their mother Melissa Fay Jarman, in such a manner that any decision regarding health, education,religion, upbringing, travelling, including the issuing and renewal of theminors’ passports is to be taken by the applicant alone without the necessityof authorisation or consent of the respondent.

With all costs against the defendantsummoned so that a reference to his evidence be made.

Applicant: 2/3, Triq il-Ħabs, Naxxar.

Notify: Deputy Curators, Courts ofJustice, Valletta.

You are ordered to affix a copy of thisbann at the entrance of this Superior Court, and to summon whosoever wishes toact as curator to appear before this Registry within six days and by means of aminute to submit a declaration that he wishes so to act.

You are also ordered to inform each onethat if he fails to make this declaration within the stipulated time, the Courtwill proceed to the selection of Curators of Office.

 Andafter so acting, or if you should encounter any difficulty in theexecution  of this bann, you are toinform forthwith this Court.

 Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Madam Justice Anna Felice, LLD, Doctorof Laws.

  Adv. Frank Portelli, LLD

 For the Registrar Civil Courts and Tribunals

By means of a decree given by the FirstHall Civil Court, on the 29th September, 2014, in the records of the SwornApplication, in the names Montebello Roger vs Debattista Sabrina, applicationnumber 696/14 JPG, the following publication was ordered for the purpose ofservice of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed inthe First Hall Civil Court, in the names Roger Montebello vs SabrinaDebattista, on the 5th August, 2014, the applicant Roger Montebello (ID556187M) humbly asked this Honourable Court:

To decide and declare that the defendantis a debtor of the plaintiff in the amount of €45,989.45 condemn the defendantto pay the plaintiff the sum of €45,989.45 and uphold the other demands in theapplication.

With costs and legal interest as demandedagainst the respondent summoned so that a reference to her evidence be made.

Service: 4, Triq Valletta, Luqa.

The Sworn Application in the namesMontebello Roger vs Debattista Sabrina, application number 696/14 JPG, has beendeferred for hearing to Wednesday, 12th November,  2014, at 9.25 a.m.

Adv. FrankPortelli, LLD

For the Registrar Civil Courts andTribunals

By a decree given by the Civil Court FirstHall, on the 15th September, 2014, on the application of Josephine Concetta,sive Joconnie Chircop, Thursday, 6th November, 2014, at half past ten in themorning, has been fixed for the Sale by Auction to be held on the first floorof these Courts of Justice, Republic Street, Valletta, of the followingproperty:

The tenement number thirty four (34),named ‘Simon’, Triq l-Annunzjata, Tarxien, free and unencumbered, offers shouldbegin from forty-eight thousand Euro (€48,000).

The said tenement is the property ofJosephine Concetta, sive Joconnie Chircop (ID 481170M) and Oreste Chircop (ID265672M).

N.B. The said tenement will be sold asdescribed in the judgement given on 12th July, 2013 (App. No: 401/07JA), and inthe judicial sales number 54/14.

Marvic Farrugia

For the Registrar CivilCourts and Tribunals