Court Notices published in Govt. Gazette No. 19,561 of 22 April 2016

By a decree of the Courts of Magistrates (Malta), of 4th April 2016, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap 12).

Banns for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) it was ordered that on an application of Maria Dolores Cuschieri et for the selection of Deputy Curators to represent the presumed dead Anthony Pullicino in the schedule of deposit number 666/16 and in other relative and subsequent acts where they demanded:

That the applicants have a portion of land known as Tal-Fartas, limits of Għargħur;

The groundrent due by the applicants to the defendant is of €3.26 per year;

That the applicants offered to pay the groundrent due for the period between the 15th August 2010 and the 14th August 2016, but the defendant failed to accept the payment for no valid reason at law;

Therefore the applicants to safeguard their interest are humbly calling upon this Court and and under its Authority are depositing the sum of €19.56 so that they may be freely withdrawn after leaving the relative receipt.

Applicants: Chislene, Triq San Ġwann, Għargħur.

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such. 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Monica Vella LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

DKR 267/2012 – VARIATION FREEZING OF ASSETS 

IT IS BEING NOTIFIED that by a decree dated 7th April, 2016 given by the Criminal Court (Madam Justice Dr Edwina Grima) after an application filed by Mario Mifsud on the 4th April, 2016, Compilation Number 1013/2012 in the names:

The Police 

(Inspector Malcolm Bondin)

(Inspector Jesmond J Borg)

(Inspector Raymond Aquilina) 

versus:

MARIO MIFSUD, 45 years, taxi driver, son of Anthony and Violet née Grech, born in Pietà Malta on the 25th August 1970, residing at Blk H, Ent B, Flat 4, Farruġ Street, Ħal Luqa and holder Maltese Identity Card bearing number 372470 (M).

The Court AUTHORIZED the accused Mario Mifsud to pay the taxes on the contract of sale as authorised in the decree of the 22nd March, 2016 and from the amount he receives, thus the balance from this sale will be deposited as per decree of the 22nd March, 2016.

This variation was made following a freezing order dated 3rd October, 2012 which was duly published in the Government Gazette on the 9th October, 2012 in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Section 5 of Cap. 373 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar

Criminal Courts and Criminal Tribunals (Malta)

By a decree of the Small Claims Tribunal of 25th October 2015, 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) and by means of a decree of the 22nd January, 2016 the company Go plc (C22334) was authorised to take over the acts of the case instead of Mobisle Communications Ltd of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 16th September 2015 whereby they asked the Tribunal to condemn Olsen Thessy Bolette Arnarak (ID 73640A) of Bayside Lodge, Flat 1, Triq Ross, San Giljan, to pay the plaintiff company the sum of €3427.01 which amount is due to the plaintiff company.

With costs and legal interests. 

The case (Claim Number 773/15VG2) is deferred on the 3rd May 2016 at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of 25th October, 2015, 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) and by means of a decree of the 22nd January, 2016 the company Go plc (C22334) was authorised to take over the acts of the case instead of Mobisle Communications Ltd of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 9th September, 2015 whereby they asked the Tribunal to condemn Jane Sacco (ID 8762A) of Flat 5, Blokk A, Triq Bertha K.Ilg, San Ġiljan, to pay the plaintiff company the sum of €541.72 which amount is due to the plaintiff company.

With costs and legal interests. 

The case (Claim Number 740/15VG2) is deferred on the 3rd May, 2016 at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of 23rd October 2015, 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) and by means of a decree of the 11th February, 2016 the company Go plc (C22334) was authorised to take over the acts of the case instead of Mobisle Communications Ltd of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 9th September, 2015 whereby they asked the Tribunal to condemn David Galea (ID 430278M) of 91, Fl 3, Triq is-Sur, Isla, to pay the plaintiff company the sum of €969.57 which amount is due to the plaintiff company.

With costs and legal interests. 

The case (Claim Number 754/15NHV) is deferred on the 5th May 2016 at 12.05p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By means of a decree given, by the Court of Appeal, on the 13th April, 2016, in the records of the Appeal Application, in the names Pentasia Malta Limited (C 38099) vs Pivgame Limited, previously known as Pokerinvenice Limited (C 44342), Application number 92/12 CSH, the following publication was ordered for the purpose of service of the respondent of the company Pivgame Limited previously known as Pokerinvenice Limited (C 44342) in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Appeal Application, filed, in the Court of Appeal, in the names Pentasia Malta Limited (C 38099) vs Pivgame Limited previously known as Pokerinvenice Limited (C 44343) on the 10th December 2013, the applicant Pentasia Malta Limited, respectfully pleaded;

That by means of an application filed, on the 8th March , 2012, the company Pentasia Malta Limited asked the Court of Magistrates (Malta) to condemn the defendant company Pivgame Limited to pay the sum of four thousand one hundred eighty nine Euro (€4,189) representing the value of the invoice with number 1009-569, dated 22nd September, 2010, in regard to the recruitment services rendered by the company Pentasia Malta Limited, to the company Pivgame Limited.

.............ommissis............

That by means of a reply presented on the 10th April, 2012, the company Pivgame Limited substantially pleaded that;

1. it is not the right defendant of the company Pentasia Malta Limited since the contract on which the claim is based was signed by third parties.

2.the plaintiff’s demand is unfounded in fact and at law since Pentasia Malta Limited, did not honour its contractual obligations and consequently no amount is due.

That by means of a judgement given on the 27th November, 2013, the Court of Magistrates (Malta) decided the cause by upholding the first plea of the defendant company in the sense that it declared that the defendant company Pivgame Limited is not the right defendant of the company Pentasia Malta Limited and thus freed the defendant company from the observance of the judgement.

That the applicant company felt aggrieved with this judgement and is filing this humble appeal.

That the grievances of the appellant company are clear and manifest since that in its opinion it should result from the records that, i) that effectively a contractual relationship was established between the appellant company and the respondent company and ii) that the appellant company introduced Jean Karl Abela in his employment with the respondent company.

The Grievance.

That in its judgement the Honourable Court of Magistrates quoted various judgements regarding the first plea given by the respondent company...........ommissis...........however the applicant company is of the opinion that the Court badly applied the principles upheld in jurisprudence and applicable to the present cause.

.............ommissis...........

The plea of the defendant company should have been considered in its entirety including the reason why the respondent defendant company alledges that it is not the right defendant of the appellant company, a point which was given no consideration by the Court of Magistrates.

That it should result from the beginning from the agreement exhibited in the records and marked Doc CV1 that in virtue of this agreement a juridical relationship was created between Pentasia Malta Limited, registered number C 38099 on the one side and Pokerinvenice Limited on whose behalf Cesare Florio signed who indicated his post as ‘Director Amministratore’. On this basis alone it cannot certainly be stated that no juridical relationship was created between Pentasia Malta Limited and Pokerinvenice Limited (today Pivgame Limited) in virtue of this agreement.

It results thus unequivocally and uncontested that what is stated in the first plea is completely untrue in the sense that the contract on which the claim is based was signed with third parties and not with Pivgame Limited.On the contrary it is clear, evident and uncontested that the fact that the contract was signed with Pivgame Limited previously Pokerinvenice Limited and for this reason only the First Court should have rejected the first plea.

................ommissis..............

The fact which results unequivocally that the first plea, of the defendant company is untrue is a crucial point even for the purpose of credibility a point which the Court dealt with in its judgement in view of allegations diametrically opposed.

In the appealed judgement itself it is stated ‘There is no doubt that a service by the plaintiff company to the defendant company was given and this is not doubted, the lack of juridical relationship can only be relative as regards Jean Karl Abela, but not absolute in so far as it was established that a juridical relationship between the parties in these proceedings was established by means of a written agreement.

...............ommissis...............

From a deposition of Sarah Portelli including documents exhibited it resulted clearly that documentary proof shows and confirms that the service was given to the company Pivgame Limited.

..............ommissis...........

These documents exhibited by Sara Portelli are of considerable use particularly for the purpose of credibility because they show;

i. all the candidates which were proposed by Pentasia Malta Limited.

ii. the shortlist of candidates which were interviewed by Michele Martinez for Pokerinvenice Limited-which person according to Cesare Florio had carried out negotiations between Pivgame Limited and Pentasia Malta Limited.

iii.a list of candidates which were effectively engaged including the beginning and termination of the employment which details are transmitted by Pivgame Limited in terms of the obligations of clause 2.2 which details otherwise Pentasia Malta Limited shall not be aware of.

Besides the fact that the defendant company did not contest the contents of these documents or part of them in any manner.

...........ommissis................

It is thus why the applicant company does not agree that the balance of probabilities should bring a favourable outcome for the company Pentasia Malta Limited. In the opinion of the applicant the evidence of Cesare Florio is not convincing and there are various indications which the Court had at its disposition which ought to lead to this conclusion. Amongst which where Florio does not remember except the name of Debbie Paris amongst the three or four employees which he states Pivgame Limited had at that time. Nor does Florio remember whether Jean Karl Abela was employed with another company which were involved in gaming and of which he declares to have been a director. Naturally it is convenient that one forgets in such circumstances.

.............ommissis.............

The evidence of Jean Karl Abela is in the opinion of the applicant also evidence of a certain relevance particulary due to its impartiality which should have effect to tilt the balance of probabilties in favour of the company Pentasia Malta Limited. In his evidence Jean Karl Abela states;

...............ommissis.............

It is now evident that Reptilia Limited - a company intimately connected with Pivgame Limited - never asked for the services of Pentasia Malta Limited. It is also evident from the evidence of Jean Karl Abela that it was Pentasia Malta Limited which found the work for Jean Karl Abela. It should also be evident from documents exhibited by Sara Portelli that the request for employees at that time had come from Michele Martinez who had even interviewed Jean Karl Abela and which according Cesare Florio was the person responsible to engage employees) which person was involved in Repitilia Limited.

...............ommissis.............

There is no doubt regarding the affinity of Ccesare Florio with both Pivgame Limited and Repitilia Limited which was established by the evidence of a representative of the Financial Services Authority.

Like the First Court the appellant company asks in these circumstances is it expected that the company Pentasia Malta Limited had without being told to know that after agreement and a recruitment process Jean Karl Abela was employed with Reptilia Limited and now Pentasia Maltas Limited for the purpose of convenience of Pivgame Limited to proceed with procedures against Repitilia Limited with whom it has no juridical relationship.

Since it is manifestly evident that Jean Karl Abela was a candidate proposed for employment to Pivgame Limited, following a request of the same Pivgame Limited, which candidate was engaged as he himself duly declared following the process which was made with Michele Martinez, as the person responsible on behalf Pivgame Limited, the first Court was mistaken in its judgement when it declared that it does not result from anywhere that effectively the defendant company had employed this Jean Karl Abela and outrightly much less through its recruitment service.

Thus the applicant whilst referring to all the proof already produced and reserves the right to bring forward all the proof permitted by law respectfully prays that this Honourable Court revokes, cancels and annuls the judgement of the Honourable Court of Magistrates (Malta) of the 27th November 2013, in the names Pentasia Malta Limited vs Pivgame Limited previously known as Pokerinvenice Limited and consequently whilst rejecting the pleas of the respondent defendant company upholds the demands of the appellant plaintiff company, with costs of both instances against the respondent company.

Whereas the written procedures in the cause before the Court of Appeal between Pentasia Malta Limited vs Pivgame Limited previously known as Pokerinvenice Limited,have been closed the Court fixed the hearing of this cause on Wednesday twenty first (21) of October 2015, at 9.00am and deferred to the 5th February 2016 at 10.00am and deferred to the 25th May 2016, at 10.45 a.m.

Notify: Pivgame Limited, 192, Old Bakery Street, Valletta.

Reġistry of the Superior Courts (Appeals) today 19th April, 2016.

ADV. FRANK PORTELLI,LLD

For the Registrar,Civil Courts and Tribunals.

By means of a decree given by the First Hall Civil Court, on the 12th April, 2016, in the records of the Warrant of Prohibitory Injunction, in the names Paul Grech et vs Catherine Farrugia et, application number 421/16 LSO, the following publication was ordered for the purpose of service of the respondents Catherine Farrugia, Deborah Farrugia and Bernice Farrugia, 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) Paul Grech ID 402847(M) son of Giuseppi and Georgina née Zerafa born and residing in Żurrieq, and Raymond Camilleri (ID 95764(M) son of Joseph and Maria née Inguanez born in Pietà and residing Żurrieq, Marthese Camilleri ID 212163(M) daughter of Carmel Barbara and Maria Carmela née Bonello, born in Żebbuġ amd residing Żurrieq, Carmelo Briffa 483363(M) son of Salvu and Salvina née Zerafa, born in Pietà and residing in Santa Luċija, Carmen Portelli (ID 66565(M) daughter of George Portelli and Carmela née Mangion, born in Birkirkara and residing in Santa Luċija, against (respondent) Catherine Farrugia ID 683055(M) daughter of Carmel Camilleri and Katerina née Tonna, born and residing Żurrrieq, Deborah Farrugia ID 508791(M) daughter of the late John Farrugia and Catherine née Camilleri born in Pieta’ and residing in Żurrieq, Bernice Farrugia ID 376088(M) daughter of the late John Farrugia and Catherine née Camilleri born in Pietà and residing Żurrieq, on the 15th March, 2016, the applicant Paul Grech et respectfully pleaded;

That the applicant in order to secure the credit hereunder mentioned against the respondent humbly asks this Honourable Court to order the issuing of a warrant of prohibitory injunction against the respondent so that be witheld from selling, alienating. transferring or disposing inter vivos both by onerous or gratuitous title any property and in particular;

a block of apartments without number together with the roof and overlying airspace as well as the common parts, car space, garages which underlie the same property marked better with letters A, b and C and which are all situated at level 2, which block is known as ‘247 Court’ previously knoewn as ‘Power Cicc -1’ accessible from Triq Edgar Bernard, Gżira, Malta, which block of apartments borders on the South with Triq Turu Rizzo, on the South East with Triq Edgar Bernard and on the East with a block of offices or more correct boundaries.

Thus the applicants humbly pray this Honourable Court to order the issuing of a warrant of prohibitory injunction in question against the respondent.

Credit: €252,535.99, representing balance passed by the applicants to John Farrugia, by loan brevi manu and as fiduciary of the applicants by means of various writings as better brought forward in the cause application number 106/16 MCH.

Confirmed before me under oath after I read its contents and in the presence of and presented by PL N. Aquilina.

(where the demand exceeds €9317.49c)           

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was filed and there recurr the necessary elements required according to law for the undermentioned orders;

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of Madam Justice Lorraine Schembri Orland, LLD Doctor of Laws.

Applicant: 28, Evergreen Triq XIII ta’ Lulju, 1942, Żurrieq.

Respondents: Catherine Farruguia - 159, Ramol, Triq in-Nigret, Żurrieq.

Deborah Farrugia - 247, Triq Edgar Bernard, Ġzira.

Bernice Farrugia

Notifika: Director Public Registry, Valletta.

The Application Warrant of Prohibitory Injunction in the names Paul Grech et vs Catherine Farrugia et, application number 421/16 LSO, has been deferred to the 5th May 2016, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar Civil Courts and Tribunals

DKR 237/2010 – VARIATION OF FREEZING ORDER

IT IS BEING NOTIFIED that by a decree given by the Criminal Court of Appeal (Mr. Justice Dr Giovanni Grixti LLD) on the 14th April, 2016 after an application filed by Charlie Gauci on the 6th April, 2016 in the names:

The Police 

(Inspector Pierre Grech)

vs

CHARLIE GAUCI, 35 years, driver, son of Carmelo and Emanuela née Sciberras, born in Pietà Malta on the 19th May, 1980, residing at number 186, Flat 9, Republic Street, Valletta Malta and holder of Maltese Identity Card bearing number 262280(M).

The Court AUTHORISED the accused Charlie Gauci to cash his salary cheque issued by Gozo Channel Company Ltd. through Bank of Valletta.

The publication of this order is being published in terms of the second proviso of Section 22A (1) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication published on the 14th May, 2015 after a decree given by the same Court on the 08th April 2015, following another publication made on the 8th November, 2013 after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Miriam Hayman LLD) after a decree given on the 5th November, 2013, following another publication given by the same Court after a decree given on the 6th August, 2013, following another publication made on the 19th of November 2010 after a decree given by the same Court on the 12th of November 2010, following another publication made on the 12th of October, 2010 after a decree given by the same Court on the 30th of September, 2010 and following another publication made on the 25th June, 2010 after a decree given by the same Court on the 21st of June, 2010, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other moveable and immovable property which may be due to or belonging to Charlie Gauci.

MARVIC PSAILA

Deputy Registrar

Criminal Courts and Criminal Tribunals (Malta)

By means of a decree given, by the Civil Court(Family Section) on the 7th April, 2016, in the records of the Sworn Application in the names Grech Joseph vs Borg Annunzjata, application number 215/15 RGM, the following publication was ordered for the purpose of service of the respondent Annunzjata Borg, in terms of Article 187(3) et. seq. of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Joseph Grech (ID 95864M) vs Annunzjata Borg ID 26768(M) on the 26th May, 2015, the applicant Joseph Grech, asked this Honourable Court;

1. To pronounce dissolution of the marriage between the parties and uphold the other demands in the application.

Applicant: Country Cottage, Triq l-Akrux, Ħaż-Żabbar.

Respondent: Melody, Triq Mro Ġiuseppe Camilleri, Birkirkara.

The Sworn Application in the names Grech Joseph vs Grech Annunzjata, application number 219/15 RGM,has been deferred for hearing to the 21st April 2016, at 10.00 a.m.

ADV. FRANK PORTELLI,LLD.

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 7th October, 2015, 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 Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 4th August, 2015 whereby they asked the Tribunal to condemn Lee Syd (ID 66232A) of Seaview, Flat 7, Triq Efesu, San Pawl il-Baħar, to pay the plaintiff company the sum of €611.28 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 643/15NHV) is deferred on the 5th May, 2016 at 12.05 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 15th January, 2016, 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 Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 13th October, 2015 whereby they asked the Tribunal to condemn Ulla Royce (ID 41698A) of 654, Triq Parades, San Pawl il-Baħar, to pay the plaintiff company the sum of €1561.25 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 824/15NHV) is deferred on the 5th May, 2016 at 12.05p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By means of a decree given, by the First Hall Civil Court, on the 11th April, 2016, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Spiteri Josianne, application number 233/16 SM, the following publication was ordered for the purpose of service of the defendant Josianne Spiteri, in terms of article 187(3) et . seq. of Cap. 12.

By means of a Notice of hearing of a cause issued by the Reġistry Superior Courts, on Wednesday, 23rd March, 2016, the cause Application in the names Bank of Valletta p.l.c. (C 2833) vs Spiteri Josianne, was appointed for hearing on Thursday, 5th May, 2016, at 9.00 a.m.

Defendant: 34, Triq ir-Rixtellu, Luqa.

ADV. FRANK PORTELLI,LLD.

For the Registrar, Civil Courts and Tribunals.

By decree given by the CIVIL COURT, FIRST HALL on 14th March, 2016, on the application of HSBC BANK MALTA PLC (C3177), Tuesday, 28th June, 2016 at half past ten in the morning (10.30 a.m.), has been fixed for the SALE BY AUCTION, to be held on the first floor of these Courts of Justice, Republic Street, Valletta of the following property.

(I) Six undivided shares of the common parts of the block named ‘Dorset Apartment’ in Triq il-Kbira, Balzan, which block is built on a site previously occupied by two properties, number two hundred and eighty one (281) named ‘The Bungalow and number two hundred and eighty two (282) named “The Crag’, which block consists of nine (9) garages (with access path from the same road numbered two hundred and eighty one (281)), five apartments and maisonettes (with access path from the same road numbered 282). The common that parts should be included in the sale include entry, entrance, stairs, the stairwell, the landings, ducts, drainage system, the lift and the well-lift service shafts, but not the roof and airspace of the block.

Each one sixth part (1/6) of property is eleven thousand four hundred and twenty euro (€ 11,429).

(Ii) Eight undivided shares of the common parts of the garages in ‘Dorset Apartment’ in Triq il-Kbira, Ħal Balzan underlying the block as described above.

Each share of a one car garage is valued at four thousand, six hundred and fifteen (€4,615).

Each share of a two car garage is value at nine thousand, two hundred and thirty (€9,230).

The said tenement is the property of LA PALMA IMPORTS LIMITED (C20394).

N.B. The said tenement will be sold as described in the acts of the judicial sale number 6/14.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals 

By means of a decree given, by the First Hall Civil Court, on the 12th April, 2016, in the records of the Warrant of Eviction in the names Bank of Valletta p.l.c. (C 2833) vs Josette Limited (C 16198) the following publication was ordered for the purpose of service of the respondent company Josette Limited, 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) Bank of Valletta p.l.c. (C 2833) vs (Respondent) Josette Limited (C 16198) on the 4th March, 2016, the applicant company Bank of Valletta p.l.c. asked this Honourable Court to order the issuing of a Warrant of Eviction against the respondent from the under mentioned premises in execution of the undermentioned judgement and whereas the respondent failed to do this till this day.

Premises: 1. The flat internally number one (1) which flat is situated in the fourth (4) floor when calculated from Saint Anne Square, Tas-Sliema, forming part of a block of flats without official number known as ‘Fawwara Building’ including the undivided share of exclusive independent entrance which abutts on Triq Ġużi Fava previously Fawwara Lane. The said block of flats borders on the South with Saint Anne Square, West with Tower Road and North with Plaza Centre, property of Plaza Enterprises Limited or more correct boundaries.

Judgement: Judgement given by this Honourable Court, on the 19th April, 2010, in the names ‘Bank of Valletta plc vs Josette Limited’ Writ of ummons number 743/2008 JA, which judgemernt was appealed and which appeal was declared deserted by decree dated 3rd August 2014, a copy of which is being exhibited and marked Doc ‘A’.

Sgd. Adv. Dominic A. Cassar.

Filed by PL D. Sullivan

Applicant: Bank of Valletta p.l.c. (C 2833)

1/5, Palace Square, Valletta

Respondent; Josette Limited,

37/1, Tigne Sea Front, Sliema

Warrant of Eviction

Republic of Malta

To the Court Marshall

Whereas in virtue of the judgement given by this Court as mentioned in the above application there is the order for eviction of the respondent from the premises mentioned and whereas the same respondent failed to do this till this day.

Given by the Court above mentioned with the witness of the Civil Court First Hall, Hon. Mad a.m. Justice Lorraine Schembri Orland, LLD.

ADV. FRANK PORTELLI,LL.D      

For the Registrar, Civil Courts and Tribunals

By a decree given on the 12th April, 2016 by the Civil Court First Hall, 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 (Cap. 12).

By decree given by the Civil Court, First Hall on the 5th February, 2016, on the application of Bank Of Valletta Plc, Thursday, 2nd June, 2016 at half past eleven in the morning (11.30 a.m.) for the sale by auction to be held on the First Floor, Courts of Justice, Republic Street, Valletta of the following property.

Apartment internally marked number three (3) on the second floor, overlaying another property forming part of a block of nine apartments,which block is without official number, named Midbay Flats in Triq il- Mazzola, San Pawl il- Baħar. Included with the apartment there is one ninth (1/9) of the common parts of the block which consists of a hall and entrance to the common stairs and the uninterrupted use of the mentioned common parts. The apartment is subject to an annual, perpetual and revisible ground rent of twenty-six Euros and fifty five cents(€26.55). The apartment is free and unencumbered with all its rights and appurtenances, valued one hundred and fifteen thousand Euros (€115,000).

The said tenement is the property of TAREK BADAWI ET.

N.B. The said tenement will be sold as described in the Judicial Sales Act 80/2014

RUDOLPH MARMARÀ

For the Registrar of Civil Courts and Tribunals

NOTICE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Tiffany Clinch (177789M) filed an application under oath (No. 80/16RGM) demanding CORRECTIONS in the ACT OF BIRTH of the minor child Thomas Lee Clinch number 1243/2016 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,

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

By means of a decree given, on the 12th April, 2016, in the records of the Sworn application in the names Mifsud Doreen vs Gauci Carmel sive Charles, application number 28/16 RGM, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et. seq. of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court, (Family Section) in the names Doreen Mifsud (ID 64270M) vs Carmel sive Charles Gauci (ID 389363M) on the 19th January, 2016, the applicant Doreen Mifsud (ID 64270M) asked this Honourable Court;

That as the facts as brought forward in the application herein mentioned satisfy all the necessary conditions fot the obtaining of divorce according to Article 66B of the Civil Code (Cap. 16 of the Laws of Malta) declare the dissolution of the marriage between the parties and uphold the other demands in the application.

Applicant: Blk A, Flat 8, Marshall Court, Triq P. Argens, Gzira.

Respondent: Panorama Court, Flat 6, Triq iċ-Ċern, St. Paul’s Bay.

The Sworn Application in the names Mifsud Doreen vs Gauci Carmel sive Charles, application number 28/16 RGM, has been put forward for hearing on the 1st June, 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

IT IS hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 19th April, 2016, and this after a written plea Numbered 46/2016, Ordered:

The correction of the Act of Birth of Amira Souliman, bearing number 2009 of the year 2014, under the column entitled “Particulars respecting – The father of the child – Identification Document” the number “MT0064155” and the words “Maltese Residence Permit No.” are to be removed and substituted with the correct ID Card number “20776A” and the words “Identity Card Number”;

and

Under the column entitled “Particulars respecting - The mother - Place of Birth”, the word “COBILEA” is to be cancelled and substituted with the correct word “CHISINAU”.

JANET CALLEJA

F/ Registrar Court of Revision of Notarial Acts

IT IS hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 19th April, 2016, and this after a written plea Numbered 47/2016, Ordered:

The correction of the Act of Birth of Miriam Souliman, bearing number 3576 of the year 2015, under the column entitled “Particulars respecting – The father of the child – Identification Document” the number “MT1207543” and the words “Maltese Residence Permit No.” are to be removed and substituted with the correct ID Card number “20776A” and the words “Identity Card Number”;

and

Under the column entitled “Place of Birth”, the word “MASARAN” is to be cancelled and substituted with the correct word “EDLIB”.

JANET CALLEJA

F/ Registrar Court of Revision of Notarial Acts

IT IS hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 19th of April, 2016, and this after a written plea numbered 51/2016, Ordered:

The correction of the Act of Marriage of Dirk Georges Jacky Denis and Annelise Farrugia, bearing number 172 of the year 2016, in the sense that the incorrect date of marriage “15th JANUARY 2001” is cancelled and substituted with the correct date: “15th MAY 2001”.

JANET CALLEJA

F/ Registrar Court of Revision of Notarial Acts

DKR 81/2004 – CANCELLATION OF FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 06th April, 2016 given by the Criminal Court presided by Madam Justice Edwina Grima after an application filed by Roberto Conte on the 1st April, 2016 and following the execution of what was ordered in the judgement dated 10th January, 2008 given by the same Court (Bill of Indictment Number 10/2007) in the case:-

Republic of Malta

vs

ROBERTO CONTE, 46 years, son of Eugenio and Maria née Saliba, born in Napoli, Italy on the 3rd April, 1970, residing at number 22, St. Andrew Street, Ħal Luqa, Malta and holder of Identity Card bearing number 10543A; and

………ommissis………

ORDERED THE CANCELLATION of the freezing order of all the movable and immovable property of the said ROBERTO CONTE which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 6th November, 2004.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals