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Court Notices published in Govt. Gazette No. 19,207 of 11 February 2014

Date Icon 01/01/2014

Notice 211

211
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd December, 2013 Application number 1230/2013 by Josephine Farrugia, whereby she prayed that it be declared open in favour ofthe same Josephine Farrugia, and this in the quota of one half (1/2) undivided share, and in favour of Carmen Debono, Catherine Zammit, John Baptist Farrugia, Francis Farrugia, Pauline Zammit, and Joseph Mary Farrugia, children of the late John Farrugia, and this in the quota of one twelfth (1/12) undivided part each one of them the Succession ofher brother Frank, sive Francis Farrugia, Bachelor, son of the late Paul and Catherine née Bonnici, born and resided in Zurrieq, and died in Tal-Qroqq, limits of Imsida, on the 25th April, 2013 aged 88, intestate, holding identity card number 0011366(A).
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
04 Frar 2014

Notice 212

212
By a decree of the Small Claims Tribunal, ofthe 5th October, 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(C 24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 25th September, 2013 whereby they asked the Tribunal to condemn Martin Smith (ID 60177A), ofPort View, Flat 7, Triq il-Qrempuċ, Marsaskala,to pay the plaintiff company the sum of€447.91, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 615/13VG2) is deferred on the 5th March, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
04 Frar 2014

Bann for Curators

213
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 3rd October, 2013following a request of Mark Grech, it was ordered that deputy curators be chosen to represent the absent Trudy Abela, in the records of the Sworn Application 200/13 Al,in the names, Mark Grech vsDeputy Curators, and in the relative and subsequent acts.
By means of a Sworn Applicationfiled in theCivil Court (Family Section) in the names Mark Grech (ID 508086M), in his own name and as curator ‘ad litem’ of the minor ...omissis... vs Deputy Curators, in the interest of the absent Trudy Abela, on the 26th September, 2013 the applicant Mark Grech asked this Honourable Court:
To order that the care and custody of the minor ...omissis... be entrusted exclusively to the father, and this in the best interest of the minor since the mother is absent from Malta, and uphold the other demands in the application amongst which the issuing of a passport and payment of maintenance.
With costs against the respondent summoned so that a reference to her evidence be made.
Applicant: 88, Triq il-Kurcifiss, l-Isla.
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 Joseph Zammit Mckeon, LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
05 Frar 2014

Notice 214

214
NOTICE BY THE REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Hesham Zayed (already Halal), (ID 282613L), and Caroline Gatt (ID 86779M), in their own name, and as representatives of their minor sons, Ahmed and Ibrahim, brothers Halal, filed an application under oath (No. 49/2014/LSO), demanding Correction in the Acts of Birth numbers 1963/2008 and 2166/2010 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.
Josette Demicoli
For the Registrar Civil Courts and Tribunals
05 Frar 2014

Notice 215

215
By a decree of the Small Claims Tribunal, ofthe 13th January, 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(C 24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 6th November, 2013 whereby they asked the Tribunal to condemn Carlene Cattell (ID 39842A), ofRosita Court, Flat 13, Triq Cassarino, San Pawl il-Baħar,to pay the plaintiff company the sum of€1,669.58 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 722/13NHV) is deferred for the 17th February, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
07 Frar 2014

Notice 216

216
It is being notified that by a decree dated 4th February, 2014 given by the Court of Magistrates (Malta), as a Court of Criminal Inquiry, (Magistrate Dr Carol Peralta LL.D.), Compilation number 1254/2013 in the case: The Police (Inspector Sylvana Briffa), (Inspector Louise Calleja), versus Katarzyna Maria Zaniewska, 30 years, Employee, daughter of Tadeusz and Ewa, born in Kukla/ Gdansk, Poland, on the 24th March, 1983 and residing at 27, Flat 2, Fabrizio Bartolo Street, Mosta, and holder of Polish passport bearing number AU 201427, ordered the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to Katarzyna Maria Zaniewska, and prohibits the said accused from transferring or otherwise disposing of any movable or immovable property, and this according to Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court ordered that the said accused may continue to receive an amount which will not exceed thirteen thousand nine hundred and seventy six Euro and twenty four cents (€13,976.24) per year.
Dr Yvette Borg LL.D.
for the Registrar Criminal Courts and Criminal Tribunals
05 Frar 2014

Notice 217

217
NOTICE OF THE REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Salah Hamed (Pass Mlt No 835912) filed an application under oath (No. 50/2014/LSO), demanding Correction in the Act of Birth number 3790/1986 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 the Registrar Civil Courts and Tribunals
05 Frar 2014

Notice 218

218
NOTICE BY THE REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Mohammed Mohammed known as MohamedEdwed Mohammed Ganna (ID 497079M), filed an application under oath (No. 56/2014/LSO), demanding Correction in the Act of Birth number 4970/1979 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 the Registrar, Civil Courts and Tribunals
05 Frar 2014

Notice 219

219
NOTICE
Whereas Rita Delicata (ID 234325M) and Joseph Delicata (ID 847946M), filed an application under oath (No. 65/2014/LSO), demanding Correction in the Act of Marriage number 402/1944 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 the Registrar Civil Courts and Tribunals
05 Frar 2014

Bann for Curators

220
Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 23rd January, 2014 following a requestof Adv. Peter Fenech nomine,it was ordered that Deputy Curators be chosen to representthe absent Sarl Fonda Import Export, in the records of the Sworn Application in the names,Adv. Peter Fenech vs Deputy Curators, and in the relative and subsequent acts.
By means of the Sworn Application filed in the First Hall Civil Court, in the names Adv. Peter Fenech as special mandatary of the foreign company Kabushiki Kaisha Asics, which negotiatesunder the name Asics Corporation vs Deputy Curators, to represent the absent consegnetary Sarl Fonda Import Export of Zone Urbaine Nouvelle Lotissement C 1 Local N 01 El Eulma Setif, Alġeria, on the 7th January, 2014 Advocate Peter Fenech, as special mandatary of the foreign company Kabushiki Kaisha Asics, which negotiates under the name Asics Corporation humbly asks this Honourable Court so that:
1.It declares that the objects consistingin sports shoes on which there is the Symbol Device (Asics Brand Mark) the word Tiger, the symbol ‘Device’ (onitsuka tiger), the symbol known as ‘Device’ (Asics Stripe 44), and the symbol known as ‘Device’ (Asics Stripe 42), and which are presently under the authority of the Comptroller of Customs after he suspended the release of thecontainersnumber ECMU 8078620, ECMU 8077270, and UESU 4816243, containing the said shoes are counterfeit,and contravene the rights of intellectual property of the applicant company regarding its trademarks mentioned in the application.
2. Order the Comptroller of Customs to dispose of the said shoes outside the chanels of Commerce in such a manner as to preclude any damageto the applicant company, or order the Comptroller of Customs to destroy those shoes in any case without any compensation, and at the expense of the respondents.
3. Order that the respondentsare to bear all the expenses in connection with the measures ordered in terms of the second and third demands of the applicant company, including other expenses demanded in this third demand.
With costs against the respondents summoned so that a reference to their evidence be made.
Notify:
Applicant: 36, ArchbishopStreet, 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 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 Anthony Ellul LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
05 Frar 2014

Notice 221

221
By means of a decree given on the 13th January, 2014 by the First Hall Civil Court, in the names Carbonaro William et vs Borg Mary Rose et, Application number 822/12 JZM, Application in terms of Art. 495 A of Cap. 16 of the Laws of Malta, the following publication was ordered for the purpose of service of Peter Borg Cardona in terms of Article 187 (3) of Cap. 12.
By means of an Application in terms of Art. 495A of Cap. 16 of the Laws of Malta, filed in the First Hall of the Civil Court, in the names AIC William u Gabrielle, spouses Carbonaro (ID 12045M)and (ID 773644M), Edgar and Diana, spouses Gatt (ID 568742M and 697043M), vs Mary Rose Borg, Emma Grech, Hector Borg (ID 545931M), personally and as mandatary of his absentsisters, Anissa Frailey, Bernardette Pittman, Christine Borg and Johanna Borg, and by note of the 27th May, 2013 Claire Borg took over the records of the case on behalf of the absent Anissa Frailey, Bernardette Pittman, Christine Borg and Johanna Borg in her capacity as their mandatary, Clive Micallef, Joseph Micallef, Sandra Serge, Lewis Borg Cardona, Maria Carmela, sive Carmen Borg Cardona, Joseph Borg Cardona, Anna Bajada, Bernard Borg Cardona, Christopher Borg Cardona, Peter Borg Cardona, George Borg Cardona, Mary Borg Cardona, Nigel Borg Cardona, Antonia, sive Tanya Gerrard, Joseph Preca, Alexandra Farrugia, Francis Preca, Maryann Grima, Peter Debono, Mark Debono, City Point Limited, and Advocate Dr Mark A. Mifsud Cutajar LL.D. and Legal Procurator Alison Wadge, who by decree of the 2nd April, 2013 were appointed curators to represent the unknown co-owners on the 17th August, 2012 the applicants AIC William and Gabrielle, spouses Carbonaro (ID 12045M and 773644M), Edgar and Diana, spouses Gatt (ID 568742M and 697043M), and City Point Limited respectfully pleaded:
1. That the applicants are the co-owners of the premises Flats 2 and 3 in 147, Saint Dominic Street, Valletta, and of the undivided share of the common parts of the block 147, St. Dominic Street, Valletta, and between them they possess threefourths undivided parts namely seventy five (75%), as for sixty five point six three per cent (65.63%) by the spouses Carbonaro and Gatt, in part by inheritance, and inpart by purchase from the other heirs, and as for nine point three seven per cent (9.37%) by the applicant company City Point Limited, which it acquired from a number of heirs.
2. That these two premises belonged to Architect Paolo Busuttil, who died on the 4th March, 1924 and who had three children and heirs.
3. That the remaining quota of one fourth undivided share, or rather twenty five per cent (25%) of the said property belongs to the following co-owners:
(a) Mary Rose Borg (2.78%)
(b) Emma Grech (1.39%)
(c) Hector Borg (1.39%)
(d) Anissa Frailey, Bernardette Pittman, Christine Borg, Johanna Borg, together (2.78%)
(e) Clive Micallef, Joseph Micallef, Sandra Serge, Lewis Borg Cardona, Maria Carmela Borg Cardona, Joseph Borg Cardona, Bernard Borg Cardona, Christopher Borg Cardona, Peter Borg Cardona, George Borg Cardona, Mary Borg Cardona, Nigel Borg Cardona, and Antonia, sive Tanya Gerrard, together (4.17%)
(f) Joseph Preca, Alexandra Farrugia, Francis Preca, Maryann Grima, Peter Debono and Mark Debono, together (4.17%)
(g) Unknown owners (8.32%)
4. That all the applicants agreed that the property above mentioned is to be sold and agreed also regarding the modalities and the price as results from the preliminary agreement of the 27th June, 2010.
...........omissis...........
Thus in the light of the above, the applicants ask the Court:
1. To authorise the sale of all the quotas of the property of the premises Flat 2 and 3 in 147, Saint Dominic Street, Valletta, and of the undivided share of the common parts of the block 147, Saint Dominic Street, Valletta, towards the price and conditions to be found in the preliminary agreement attached Doc A, and under all the pacts demanded in this application.
With costs.
Applicants: William and Gabrielle Carbonaro, Apt 5, Hyde Park Towers, Ġorġ Borg Olivier Street, Saint Julians.
Edgar and Diane Gatt, ‘Sentosa’,Fuq il-Ġonna, Swieqi.
City Point Limited, 221, Saint Ursola Street, Valletta.
Respondents ...........omissis...........
Peter Borg Cardona, ‘Sardinella’, Triq ix-Xgħajrat, Madliena.
23, Id-Dwejra, Triq Ugo Carbonaro, San Ġwann.
The Sworn Application in the names Carbonaro William et vs Borg Mary Rose et, application number 822/12 JZM, hasbeendeferredfor Thursday, 20th February, 2014 at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
06 Frar 2014