Court Notices published in Govt. Gazette No. 19,475 of 18 September 2015

Bymeans of a decree given by the Civil Court Family Section) on the 2nd September2015, in the records of the Sworn Application in the names Daniela GaleaSouchet vs Jean Galea Souchet, Sworn Application number 141/15 RGM, thepublication hereunder was ordered for the purpose of service of the applicantDaniela Galea Souchet in terms of Article 187(3) et seq. of Cap. 12.

Bymeans of a Reply filed in the Civil Court (Family Section) Sworn Application141/15 RGM, Daniela Galea Souchet (ID 0353070M) vs Jean Galea Souchet (ID0232067M) on the 5th August 2015, the interpellant Jean Galea Souchetrespectfully pleaded and confirmed by oath:

1.That as regards the first demand of the applicant, the interpellant agrees thatthere should be pronounced the personal separation between the parties but notfor the reasons given by the applicant.

2ndto 9th demand ....omissis....

10.That the tenth demand should be rejected since it was the applicant who of herown freewill abandoned the matrimonial home and effectively already has analternative residence, in such a manner that lately such demand is notjustified, particularly but not only when the same applicant gave rise to theseparation between the parties.

11....omissis....

12.That the interpellant most strongly denies all the allegations made by theapplicant in her sworn application against him which allegations are completelyuntrue and unfounded in fact and at law as shall amply result during the courseof the present procedures.

13to 14th demand ....omissis....

15.That as results from the application the applicant herself instead ofdiscussing the matrimonial problems with the interpellant who always wanted todiscuss and resolve the problems between them reverts to third parties and herparents.

16to 17th demand ....omissis....

18.That another reason which brought about the breakdown of the marriage besidesthe excessive interference of the applicant’s father was the luxurious lifestyle that the applicant with the passage of time expected to have....omissis.... that by her behaviour the applicant always wanted to be betterthan others created enormous financial pressure on the interpellant who couldnot in any manner meet her expectations.

19to 21st demand ....omissis....

22.That the interpellant always wanted to try and save the marriage and always hadthe desire to keep the family together but the applicant made it clear with thepsychologist she used to see and assisted the parties that she wanted toterminate the marriage.

23.That thus and due to various other reasons attributable to the applicant asshall result from the counter claim of the interpellant and in view of theintransigence of the applicant all the attempts of the interpellant to arriveat a consensual separation broke down.

Savingfurther pleas.

Withall costs against the applicant.

Listof witnesses.

Bymeans of an Application by way of Counter Claim presented in the Civil Court(Family Section) in the records of the Application 141/15 RGM, Daniela GaleaSouchet, (ID 0353070M) vs Jean Galea Souchet (ID 0232067M) on 5th August 2015,the interpellant Jean Galea Souchet respectfully pleaded:

1.That the parties contracted marriage between them on the 27th May 2000.

2.That from their marriage they had two children.

3.That the marriage betwen the parties irretrievably broke down and matrimoniallife between them is no longer possible.

4.That the interpellant was duly authorised to proceed with this lawsuit by meansof a decree given by this Honourable Court dated 27th April 2015.

5to 13th demand ....omissis....

14.That thus it was not possible that the parties reach a consensual agreement dueto the intransigence of the reconvened applicant.

15.That the interpellant knows of the facts herein declared personally.

Thusthe reconvened interpellant respectfully prays this Honourable Court:

1. To declare and pronounce the separation between theparties for reasons imputable to the reconvened plaintiff for the reasonsmentioned in the application and uphold all the other requests brought in theapplication, amongst which that there be ordered the termination anddissolution of the community of acquests existing between the parties, thatthere be liquidated the community of acquests and that eventually there be madethe annotation of the judgement given by this Honourable Court in the PublicRegistry.

Withcosts as demanded against the reconvened applicant summoned so that a referenceto her evidence be made.

Listof Witnesses.

Notifiedreconvened applicant: 9, Regent Towers, George Borg Olivier Street, ParkTowers, St Julians.

TheSworn Application in the names Daniela Galea Souchet vs John Galea Souchet,Sworn Application number 141/15 RGM, has been appointed for hearing to the 22ndSeptember 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

Forthe Registrar Civil Courts and Tribunals

Bya decree given on the 27th August, 2015 by the Civil Court First Hall, theCourt ordered that the extract hereunder mentioned be published for the purposeof service according to Article 187 (5) of the Code of Organisation and CivilProcedure (Cap. 12).

Bya decree given by the CIVIL COURT FIRST HALL on 16th June, 2015, on theapplication of A.A.S.K. ENTERPRISES LTD, Monday, 28th September, 2015 at ninein the morning (9.00  a.m.) has beenfixed for the SALE BY AUCTION to be held at MZ SUPERMARKET, TRIQIL-KOSTITUZZJONI, MOSTA, of the following items seized from the property ofMORE SUPERMARKETS (MOSTA) LIMITED.

Thirtytwo (32) aircondition units of the make Gree.

N.B.The said objects will be sold as described in the acts of file number 1/15.

Marvic Farrugia

Forthe Registrar Civil Courts and Tribunals

Bymeans of a note filed in the First Hall Civil Court, on the 11th September2015, Dr Robert John Muscat, Notary, produced the following document to bepublished in terms of Article 9(a) of Cap. 13 of the Laws of Malta.

Bymeans of a contract in the records of Dr Robert John Muscat, Notary, publishedon the 1st September 2015, Graziella Vella, widow of Brian James Vella,daughter of Fidele Zammit and Maria Rosaria sive Mary Rose née Psaila, born inPietà and residing in Qawra, limits of Saint Paul’s Bay, identity card number486479M emancipated her minor son Leon Vella, who is the son of Brian JamesVella, above mentioned, who died on the fifth (5th) of April 2005, the saidLeon Vella is born in Pietà and resides in Qawra, limits of Saint Paul’s Bayand has identity card number 480197M and this for all intents and purposes oflaw.

Adv. Frank Portelli, LLD

Forthe Registrar Civil Courts and Tribunals

By means of a decree given, by the FirstHall Civil Court, on the 18th August 2015, in the records of the SwornApplication in the names Scicluna Anthony vs Dalli Antonia, Application number619/15 SM, the following publication was ordered for the purpose of the AntoniaDalli, 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 Anthony Scicluna (ID 222551M) (118, Triqil-Kbira, Balzan) vs Antonia Dalli (ID 803047M) (110, Triq John Borg, B’kara)on the 25th June 2015, the applicant Anthony Scicluna, asked this HonourableCourt, saving any necessary declaration;

1. to declare and decide that LouisScicluna son of the deceased Michael and Concetta Scicluna was not capable tomake his will of the 27th February 2008, in the records of Notary DoctorMarthese Felice, consequently declare and decide that this will above referredto is null and without juridical effect and uphold the other demands in theapplication.

With costs, the respondent is summoned sothat a reference to her evidence be made.

Notify: Antonia Dalli, 110, Triq JohnBorg, Birkirkara.

The Sworn applicationin the names Scicluna Anthony vs Dalli Antonia, application number 619/15 SM,has been deferred for hearing to Tuesday 20th October 2015, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts andTribunals

By decree given by the CIVIL COURT, FIRSTHALL on the 12th August 2015, on the application of GRIMA MONICA ET, Thursday,8th October 2015 at eleven in the morning (11.00 a.m.) for the SALE BYAUCTION,  to be held on the First Floor,Courts of Justice, Republic Street, Valletta. of the following property.

Elevated Ground floor Maisonette withoutairspace, named ‘Rose House’ and underlaying garage in Triq Mimosa, inGwardamanġa, Ħamrun, The property is free and unencumbered valued at onehundred and ten thousand Euros (€110,000).

The said tenement is the property ofBUONTEMPO REUBEN.

N.B. The said tenement will be sold asdescribed in the Acts of File 41/13.

RUDOLPH MARMARÀ

For Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunalof 6th October 2014, the publication of the following extract was ordered forthe purpose of service in terms of Article 187(3) of the Code of Organisationand Civil Procedure (Cap 12).

Mobisle Communications Limited (C24655) ofTriq Fra Diego, Marsa, MRS 1501, filed a Claim on the 30th July 2014 wherebythey asked the Tribunal to condemn Zoey Anne Jenkins (ID 69648A) of PicadillyCrt, Blk B, Flat 5, Track Edgar Barnard, Gżira, to pay the plaintiff company the sum of €1,184.71 which amount is due tothe plaintiff company.

With costs and legal interests.

The case (Claim Number 529/14NHV) isdeferred on the 2nd October 2015 at 12.05 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts andTribunals.

By a decree of the Small Claims Tribunalof 30th October 2014, the publication of the following extract was ordered forthe purpose of service in terms of Article 187(3) of the Code of Organisationand Civil Procedure (Cap 12).

Mobisle Communications Limited (C24655) ofTriq Fra Diego, Marsa, MRS 1501, filed a Claim on the 21st July 2014 wherebythey asked the Tribunal to condemn Aumonier Sebastian Mickael (ID 64506A) of199, Palma, Flat 2, Ix-Xatt Windsor, Sliema, to pay the plaintiff company the sum of €533.56 which amount is due tothe plaintiff company.

With costs and legal interests.

The case (Claim Number 475/14NHV) isdeferred on the 2nd October 2015 at 12.05 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts andTribunals.

By decree given by the CIVIL COURT, FIRSTHALL on the 10th July 2015, on the application of HSBC BANK MALTA PLC, Thursday1st October 2015 at half past ten in the morning (10.30 a.m.), has been fixedfor the SALE BY AUCTION, to be held on THE FIRST FLOOR, COURTS OF JUSTICE,REPUBLIC STREET, VALLETTA of the following property.

1. Apartmentinternally marked number three (3), on the second floor/third storey above roadlevel including its overlying air space forming part of Block of Apartmentsnamed ‘Anvil Apartments’, numbered four (4), in Triq  il-Minfaħ, Naxxar, free and unencumberedtogether with its share of the common parts of the external staircase leadingto the block, the door, the entrance, the entrance hall, the stairs and thestair well from basement level up to the roof, lift and lift shaft and waterand drainage system which property is valued one hundred and ninety thousandEuros (€190,000). 

2. Six Garages in the basement under theblock of apartments named ‘Anvil Apartments’, numbered four (4), in Triq  il-Minfaħ, Naxxar internally marked;

Garage number two (2) of approx 73.47meters squared valued forty five thousand Euros (€ 45,000)

Garage number three (3) of approx 13.71meters squared valued twenty three thousand Euros (€ 23,000)

Garage number four (4) of approx 13.80meters squared valued twenty three thousand Euros (€ 23,000)

Garage number five (5), of approx 11.78meters squared valued twenty thousand Euros (€ 20,000)

Garage number six (6) of approx 15.74meters squared valued twenty five thousand Euros (€ 25,000)

Included in this sale is the undividedshare of 1/7 for each garage being sold of the ramp common to all garagestogether with the undivided share of the car lift, its shaft and of the accessto the car lift from the said ramp, of the front garden leading to the door ofthe basement garages, and the undivided share of the stairs leading to thebasement garages. The access to the carlift is from a ramp common with othersfrom the front garden infront of the basement garages’ door.

With every garage underlaying the Block ofApartments known as, 4, ‘Anvil Apartments’ in Triq il-Minfah, Naxxar isincluded an undivided share of one from seven (1/7) of the common parts in thebasement that provide access from the carlift to every garage.

The said tenement is the property ofXUEREB ALBERT and ROSARIA.

N.B. The said tenement will be sold asdescribed in the Judicial Sale 77/2013 

RUDOLPH MARMARÀ

For the Registrar of the Civil Courts andTribunals

NOTICE

CIVIL COURT, FIRST HALL

Whereas Souaad Loutari (ID 38021A) andAbdulrahman Changuni (ID 45411A) filed an application under oath (No862/2015/LSO) demanding CORRECTION in the ACT OF BIRTH number 1240/2015 in thePublic Registry.

Whosoever may have an interest therein,and wishes to oppose that demand, is hereby called upon to do so, by means of anote to be filed in the Registry of these Courts, within fifteen days from theday of the publication of this present notice in the Government Gazzette.

Those who, within the aforesaid time,shall have 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,

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

By means of a decree given, by the FirstHall Civil Court, on the 16th July 2015, in the records of the SwornApplication, in the names Borg George vs Bonett Batholomew, application number610/15 LSO, the following publication was ordered for the purpose of service ofthe 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 George Borg (ID 349953M) Josianne Borg(ID 357956M) Simon Muscat (ID 570662M) and Angela Bonnici (ID 466268M) vsBartholomeo Bonett (ID 444966M) and his wife Nadia Bonett (ID 401372M) on the24th June 2015, the applicants asked the respondents why this Honourable Courtshould not;

1. Proceed to give judgement in terms ofArticles 167 to 170 of Cap. 12 of the Laws of Malta, declare and decide thatthe respondents are occupying and or holding the appartment numbered two (2)forming part of a block with the name ‘Seagull Court’ in Triq San ĠwannBattista, Saint Paul’s Bay, without any right or valid title at law and upholdthe other demands in the application.

With costs, as demanded against therespondents summoned so that a reference to their evidence be made, saving anyfurther action for the damages suffered by the applicant.

Respondents: Il-Girna, Triq Dun Karm,B’kara.

The Sworn application in the names BorgGeorge vs Bonett Bartholomeo, application number 610/15 LSO, has been deferredfor hearing to the 20th October 2015, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts andTribunals.

By means of a decree given, on the 2ndSeptember 2015, by the Civil Court (Family Section) in the records of theapplication for the Revocation of Precautionary Warrant, in the names GihaniIbrahim Mahmud vs Beck Derna Maha Emhemmed Ezzdin, Application for a WarrantNumber 196/15 AL, the following publication was ordered for the purpose of ofservice of the respondent Gihani Ibrahim Mahmud, in terms of Article 187(3)etseq. of Cap 12.

By means of anApplication for Revocation of Maha Beck Derna, in terms of Article 836 of Cap12 of the Laws of Malta, filed, in the Civil Court (Family Section) in therecords of the Sworn Application 189/12 AL, in the names Gihani Ibrahim Mahmud(Italian ID AM8789555) vs Beck Derna Maha Emhemmed Ezzidin (ID 419503L) and Followingthe Warrant of Prohibitory Injunction number 29/12 NC, in the names DoctorIbrahim Mahmud Ali Gihani vs Maha Emhemmed Ezzidin Bek Derna, definitely upheldon the 14th February 2012, the applicant Maha Beck Derna respectfully pleaded;

That about three and a half years ago andexactly on the 12th February 2012, Gihani Ibrahim Mahmud had obtained a Warrantof Prohibitory Injunction to stop a person from taking the minor outside Maltaand namely the applicant’s son who today is 7 years old by declaring by hisoath that he has or may have the legal or actual custody of the said minor’.

That subsequently to the issuing of thisWarrant the same Gihani had filed a cause against the applicant so that thisHonourable Court order that the care and custody of the minor Anwar be jointbetween him, and the applicant so that the same Gihani shall have access.

That all the urgency which Gihanimentioned to have existed and the deep wish which he made at the beginning ofthese procedures so that he sees his son so that he be informed with hisprogress in school and that he had to contribute for the expenses of hismaintenance came to nothing, as after all that enthusiasm of three and a halfyears ago, Gihani absolutely abandoned his son for these last fifteen months circa.

That by means of a decree given by thisHonourable Court on the 17th August 2015, this Court had decreed theapplication filed by the applicants on the 12th May 2015 and upheld theapplicant’s request that she be exclusively entrusted with the care and custodyof the minor.

That once today following this decree theapplicant alone has the care and custody of the minor Anwar, that also Gihani,abandoned absolutely his son for 15 months ..omissis.. the applicant feels thatthis warrant should not remain in force and this for the following reasons;

1. Once it has been decided by this Courtthat the care and custody of Anwar lies solely with the applicant the reasonwhich Gihani gave in the request he made for the issue of this warrant does nolonger exist, it follows thus that this fact should bring about this HonourableCourt, to revoke this warrant under sub article (1) (b) and (1)(f) underarticle 836 of Cap 12.

2. It is beingsubmitted that there should be no doubt that for the reasons mentioned and theparticular circumstances of the behaviour of Gihani that the only reason forwhich he asked for the issuing of this warrant was never as he always allegedthat he had a founded fear that the applicant absconds with Anwar from Malta,so that she makes him lose his right of access to his son but to vex her andher father and mother.

3. That furthermore this observation inthe light of the contents of article 836(1) (f) and namely if it is shown thatin the circumstances it shall not be reasonable that the precautionary act bekept in force...or that it is no longer necessary or justifiable how can hecontinue to insist that there exists this fear of the applicant absconding fromMalta with Anwar when since the date of his birth till this day the applicantwho has been a Maltese citizen since the year 2013, but who has lived in Maltaas a resident from when she was 7 years old and and if she wanted to abduct herson she could have done this easily.

After three and a half years and after theCourt had every opportunity to calculate and evaluate because it saw and heardthe two parties and their behaviour.

4. Once here it realtes to a Maltesecitizen and thus a Eurpoean citizen who has the sole care and custody of herminor son, with a father who does not care about his son for a whole four and ahalf years ..omissis.. even if for the sake of argument there was a smallreason however small that his opposition be given weight and this because tillthe date of the decree of the 17th August 2015, the legal care and custody ofthe minor was still conjoint today once the care and custody belongs solely tothe applicant his opposition should not be given any weight.

Thus in the light of the light of thepremised the applicant respectfully prays that this Honourable Court revokesthe warrant above mentioned.

With costs, against Ibrahim Gihani.

Respondent: Ibrahim Gihani, MetropolitanComplex, Block 7, Apt 12, Triq Dun Frans Camilleri, Ħamrun.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts andTribunals.

IT IS hereby notified that by anapplication filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction onthe 2nd of September 2015 (Application number 83/2015(JVC) Mary wife of MichaelCamilleri et requested the opening of the SUCCESSION of Frangisk known asFrancesco Camilleri, son of the late Angelo Camilleri u Carmela née Camilleri,born in Nadur, Gozo on the 5th of September 1910 and who was a sailor and livedabroad, intestate, and which opening of succession is to be made as to onefourth (1/4) undivided share each in favour of his sons and daughters: Marywife of Michael Camilleri, Adelina widow of Giuseppi Falzon, Joseph, pensionerand Carmela, spinster, siblings Camilleri

Wherefore any person who considers to havean interest in the matter is hereby called upon to appear before the said Courtand to bring forward his objections hereto by a minute to be filed withinfifteen days from the posting of the banns.

Voluntary Jurisdiction

DORIANNE CORDINA

For the Registrar, Gozo Courts andTribunals