Court Notices published in Govt. Gazette No. 19,598 of 24 June 2016

Republic of Malta

To The Marshall of the Court.

By means of a decree by the First Hall Civil Court,on the 8th June 2016, following a request of HSBC Bank Malta plc, it was ordered that deputy curators be chosen to represent the absent Zsolt Nyari, in the judicial letter number 1905/2016, in the names HSBC Bank Malta p.l.c. vs Deputy Curators, and in the relative and subsequent acts.

By means of a Judicial Letter, filed, in the First Hall Civil Court,in terms of Article 256(2) of the Code of Organisation and Civil Procedure (Cap 12) of the Laws of Malta, intended to render the notarial contract herein mentioned which constitutes an executive title in terms of Article 253(B) of Cap. 12 of the Laws of Malta, executable, against deputy curators appointed to represent the absent Nyari Zsolt (ID 66270A) HSBC Bank Malta p.l.c. (C 3177) of 32, Merchants Street, Valletta, refers you to the contract of loan by the interpellant in the records of Notary Doctor Joseph Smith La Rosa, dated 6th September 2011 and calls upon you so that within seven daysv from today you pay the sum of fifty eight thousand three hundred forty six euro and eight five cent (€58,346.85) being arrears due in terms of the same.

In default of payment the interpellant Bank notifies you that further Court action will be taken against you in execution of their executive title without any other prior notice.

So much so that you may know how to regulate yourself.

With costs.

 You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

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

And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall,above mentioned, with the witness of the Hon. Mr. Justice Anthony Ellul LLD. Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 14th June 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 (5) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on 10th May, 2016 by Mediterranean Corporate Bank Limited (C30432), file 31/16 in the names Mediterranean Corporate Bank Limited (C30432) vs Hollywood Investments Limited (C37709) is being asked that the Court orders the Sale by Auction of the:

The divided portion known as Basement Properties, consisting of a commercial floor at level -1, and three floors used as parking at levels -2, -3 and -4, forming part of a commercial and residential complex including an undergroung parking, known as ‘Daniels Shopping and Residential Complex’, in Triq il-Kbira San Ġużepp, known also as Triq San Ġużepp, Ħamrun, built on an area of circa three thousand five hundred metres squared (3,500m2), with a facade on Triq San Ġużepp, Ħamrun, another facade on Triq Patri Magri and another facade on Trejqet San Pietru, bordering the complex from the North partly with Triq San Ġużepp and partly with Triq Patri Magri and in part with third party properties; fom the West in part with Triq Patri Magri and in part with third party properties and from the East in part with Triq Patri Magri and in part with third party properties, accessible the same complex from Triq San Ġużepp, Triq Patri Magri and Trejqet San Pietru, Ħamrun. 

The mentioned premises is a property of Hollywood Investments Limited (C37709).

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on 6th April, 2016, on the application of SIMONDS FARSONS CISK PLC (C113), Tuesday, 12th July, 2016 at half past ten in the morning (10.30 a.m.), has been fixed for the SALE BY AUCTION, to be held in the FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, IL-BELT VALLETTA of the following property.

1. Apartment internally marked number three (3) without its airspace, in third floor (2nd floor) and forming part from a block of apartment’s number forty (40) in Triq Vincenżo Bugeja, Hamrun. Including with this apartment the right to use perpetually or not interrupted proportion with the other apartments in the same block of the common parts and common services, including the entrance door, the entrance hall, the stairs, the landing, the lift and the lift shaft, drains and the drainage system as well as the use of the roof and washroom located at the rear back of the same block. This apartment is overlying on property of Victor and Josette Chircop or their successors in title and underlying property of Patrick and Carmen spouses Caruana or their successors in title valued at one hundred and twenty thousand euro (€120,000).

2. Garage without its airspace, internally marked number thirty (30) situated on basement level forming part of a block of thirty one (31) garages built on two levels and cioè in basement and in the first level are accessibly from a ramp and drive in Triq Annunzjata in Santa Venera sometimes they refer to the same road that is situated in Ħamrun. Including with this garage is the right of passage and use together in common with the other tenants of the garages situated in the complex including the ramp and the drive in and common passage. Including also the use of the common well with the other tenants of the garages in the complex and the right of the foot passage in the Alley that reaches from Triq Santu Wistin until this complex. The garages that are in this complex was built on a site which previously was built tenement number eleven (11) and name ‘Sundor’ in Triq Annunzjata, Ħamrun bound on North, West and East with property of D.M. Developments Limited or successor in title or more accurate boundaries. The said property enjoys the right active and passive servitudes resulting from its relative position, the rest is free from any groundrent with all its rights and appurtenances valued at twenty thousand euro (€20,000).

3. Apartment on the second floor internally marked number two (2) forming part from a complex of apartments number thirty one (31) name ‘St. Joseph’ in Triq Wilga Paceville in St. Julian’s, subject to annual and perpetual ground rent of twenty three euro and thirty cents (€23.30) and its rights from servitudes resulting from its relative position, the rest is free and unencumbered with all its rights and appurtenances valued at one hundred and thirty euro (€130,000).

The said tenement is the property of Ian Chircop Beck (I.D.64685M), Sherif Said Mohammed Osma Al-Sherif (I.D.47714A), Sveltana Al-Sherif (I.D.168285M), A. Baran Limited (C39371) Engin Turk (I.D.80811L) u Rita Turk (I.D.75269M).

N.B. The said tenement will be sold as described in acts of file number 53/14.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court.

By means of a decree by this Court, on the 13th October 2015, following a request of José Antonio Malangone et, it was ordered that deputy curators be chosen to represent the unknown owners in the records of the schedule number 1483/2015, in the names Pablo José Antonio Malangone et vs deputy curators and in the relative and subsequent acts.

By means of a Schedule of deposit and contextual redemption of groundrent, in the names Pablo José Antonio Malangone, son of Luigi and Imperia née Ginex, born, Buenos Aires, Argentina, on the 26th March 1974 and residing Sliema, ID 0051620A and Sabine Santaliestra, daughter of Michel and Michele née Dawiskiba, born Saint Dizier, France, on the 24th March 1972 and residing, Sliema, ID 0051622A vs Deputy Curators to represent the unknown owners, on the 9th October 2015, the interpellant Pablo José Antonio Malangone and Sabine Santaliestra, respectfuuly pleaded;

That the interpellants are the owners of the duplex penthouse with its airspace internally marked number three (3) forming part of a block without official number but with the name ‘Sky’ in Viani Street, Sliema, with the undivided parts of the common parts of the block, bordering this block on the South with the said street, on the West with property with number 24 and on the East with property of Anthony Vella, which premises was acquired by the interpellants by means of a contract in the records of Notary Clarissa Cushieri, of the nineteenth of February of the year two thousand and ten, which contract was corrected by deed of Notary Joseph Abela, of the third of September of the year two thousand and fifteen.

That the same property is subject to the annual and perpetual groundrent of (€6.98) payable to unknown owners.

That the interpellants wish to avail themselves of the faculty given to them according according to Article 1501 of the Civil Code Cap. 16 and thus are depositing the sum of (€139.60) which represents the said grounrent capitalised at 5% together with the sum of (€34.90) in all amounting to €174.50 to be freely withdrawn after the due receipt according to law is left.

Interpellant: 1. Pablo José Antonio Malangone, Sabine Santaliestra, Flt 3, Sky Buildings, Viani Street, Sliema.

Notify: 1. Director Public Registry, 197, Triq il-Merkanti,Valletta.

    2. 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 Mark Chetcuti, LLD.

Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Bann for Curators.

Republic of Malta.

To the Court Marshall 

By means of a decree given by this Court, on the 10th June 2016, following a request of Doctor Luigi A.Sansone LLB noe, it was ordered that deputy curators be chosen to represent Yiwu Deshi Imp & Exp Co. Ltd, in the records of the application 458/2016 MCH, in the names Advocate Doctor Luigi A. Sansone noe vs Yiwu Deshi Imp & Exp. Co. Ltd and Afaq Alhadatha Co. and in the relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD holder of identity card number 258269 letter ‘M’ as special mandatary of The Procter & Gamble Company, a foreign company incorporated in the State of Ohio, in the United States of America, with entity number 20677 and with an addresss of One Procter & Gamble, Plaza, Cincinnati, Ohio, United States of America, vs 1) Deputy Curators to represent Yiwu Deshi Imp & Exp. Co. Ltd, a foreign entity with an unknown address on the date of filing of the original sworn application and 2) Deputy Curators to represent Afaq Alhadatha Co. a foreign entity with an unknown address on the date of filing of the sworn original application, on the 8th June 2016, the applicant Doctor Luigi A. Sansone LLB (Hons) LLD ID 258269 letter ‘M’ as special mandatary of The Procter & Gamble Company, a foreign company incorporated in the State of Ohio, in the United States of America, with entity number 20677 and with an address of One Procter & Gamble, Plaza, Cincinnati, Ohio, United States of America, asked this Honourable Court, for the reasons premised in the application;

1) to declare that the entry without release for free circulation in Malta, in the course of business between the defendants in objects consisting in a quantity of packaging material/ containing laundry detergent/ washing powder (in sacks) which objects are presently held under the authority of the Director General (Customs) after he found that the container ‘MAGU5339202’ contained them, contravene the rights of intellectual property of the applicant company as regards the European Union trade mark with number 000199976- ‘ARIEL’ and uphold the other demands in the application amongst which that the defendants are to bear all the other costs connected with the measures ordered in terms of the third and fourth demands of the applicant.

With costs against the defendants summoned so that a reference to their evidence be made.

List of Documents.

Applicant: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD holder of identity card number 258269 letter ‘M’ as special mandatary of ‘The Procter & Gamble Company’ a foreign company incorporated in the State of Ohio, in the United States of America, with entity number 20677 and with an address of One Procter & Gamble, Plaza, Cincinnati, Ohio, United States of America.

84, Triq Melita, Valletta VLT 1120.

Service of the Defendants:

1) Deputy Curators to represent YIWU DESHI IMP & Exp Co. Ltd a foreign company with an unknown foreign address on the date of filing of the original sworn application.

Courts of Justice, Valletta (two copies).

2) Deputy Curators to represent AFAQ ALHADATHA Co. a foreign company with an unknown foreign address on the date of presentation of the original sworn address.

Court of Justice, Valletta (two copies).

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 LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the CIVIL COURT, FIRST HALL on 16th May, 2016, on the application of MIZZI JOSEPHINE ET, Monday, 25th July, 2016 at ten in the morning (10:00 a.m.), has been fixed for the SALE BY AUCTION, to be held at number twelve (12), TRIQ IL-KAPPILLAN FRANĠISK AZZOPARDI, L-ISLA of the following items seized from the property of MANGION ANNA (I.D.538657M), EMANUEL MANGION (I.D.552653M) and CORDINA PAULINE.

Maltese showcase, antique statue, mahogany tables, clocks, oval maltese table, chandeliers, two brass beds, rocking chair, vase, sewing machine, paintings, posaumbrella, tea sets, cups, saucers and other various objects.

N.B. The said objects will be sold as estimated by the auctioneer Joseph Sammut and as describe in the acts of file number 17/15.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

DKR 545/2015 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd June, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LL.D) following an application filed by Naomi Tanti on the 16th February 2016, Compilation Number 963/2015 in the case: 

The Police 

(Inspector Jonathan Ferris)

(Inspector Matthew Vella)

Versus:

JORDAN AZZOPARDI;

NAOMI TANTI, 22 years, Casino employee, daughter of Michael and Sharon née Mangion, born in Pieta’ Malta on the 12th April 1994, residing at Trafalgar, Flat 4, Imrejkba Street, St. Paul’s Bay, Malta and holder of Maltese Identity Card bearing number 0190294(M);

AND

SILVIO CAMILLERI

The Court AUTHORISED the accused Naomi Tanti to pay the debits on the Credit Card Loan Account bearing number 40023795860 and the Motor Loan Account bearing number 40023196362 which she has with Bank of Valletta plc.

This variation is made in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A of Cap. 9 of the Laws of Malta after a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras LLD) on the 28th December, 2015 and published in the Government Gazette on the 31st December, 2015 where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Jordan Azzopardi, Naomi Tanti and Silvio Camilleri.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By means of a decree given, by the First Hall Civil Court, on the 7th August 2015, in the records of the Sworn Application, in the names Cutajar Peter Paul et vs Cutajar Nicola et, application number 252/14 SM, the following publication was ordered for the purpose of service of the party called into the suit Henry Ellul Sullivan, in terms of Article 187(3) et. seq. of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names 1. Peter Paul Cutajar and his wife Josette Cutajar vs Nicola Cutajar and his wife Carmen Cutajar and Salvatore Cutajar and his wife Pauline Cutajar and Carmelina Sullivan, Mary sive May Cirigottis and Violet Cutugno, and by decree of the 9th January 2015, Henry Ellul Sullivan, the heirs of Benedict Cirigottis and Architect Arthur Cutugno were called into the suit, the applicant Peter Paul Cutajar (195660M) and his wife Josette Cutajar (502771M) asked this Honourable Court;

1. to declare and decide that the quota from this premises indicated in the application namely, 44, Tignè Seafront, Sliema, which was acquired by the applicant Peter Paul Cutajar, by deed of Notary Philip Said, of the 19th February 1990, was of eleven out of seventy two undivided parts (11/72) and not seven out of seventy two undivided parts (7/72) as erroneously indicated in the deed, whilst the quota acquired by the respondents Nicola Cutajar and Salvatore Cutajar, in virtue of the same deed was of thirty four out of seventy two undivided parts (34/72) and not of thirty eight out of seventy two undivided parts (38/72) as erroneously indicated in the act and uphold the other demands in the application, amongst which that all the defendants come forward to the opportune relative deed of correction.

With costs, against the defendants summoned so that a reference to their evidence be made.

Applicant: Peter Paul Cutajar, 57, Triq uil-Kbira, Siġġiewi.

Josette Cutajar, 57, Triq il-Kbira, Siġġiewi.

Respondents: Henry Ellul Sullivan, 34, Ir-Rampa ta’ Ta’ Xbiex, Ta’ Xbiex.

The Sworn Application in the names Cutajar Peter Paul et vs Cutajar Nicola et, application number 252/14 SM, was deferred for hearing to the 19th October 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 86/2015 - VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th June, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LL.D) after an application filed by Lewis Sant on the 15th February 2016, Compilation Number 94/2015 in the case: 

The Police 

(Inspector Matthew Vella)

Versus:

LEWIS SANT, 55 years, Enemalta employee, son of the late Paul and Josephine née Bonello, born in Rabat Malta on the 7th August 1960, residing at Clifftops, Maddalena Street, Dingli Malta and holder of Maltese Identity Card bearing number 550660(M).

ORDERED THE CANCELLATION of the freezing order on the three vehicles registered in the name of the accused with Transport Malta having registration numbers IAR-034, IAL-772 and S7917 provided that any proceeds from the sale or disposal of the vehicles or parts thereof are also frozen. 

This variation is made in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A (2) of Cap. 9 of the Laws of Malta after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Ann Farrugia LLD) on the 28th January, 2015 and published in the Government Gazette on the 6th February, 2015 where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Lewis Sant.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

DKR 265/2012 - VARIATION OF A FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 9th June 2016, given by the Criminal Court - Madame Justice Hon. Edwina Grima LLD, following an application filed by Paul Ugochukwu Offor on the 10th May 2016, Bill of Indictment No. 10/2015 in the names:

The Republic of Malta

versus:

PAUL UGOCHUKWU OFFOR, 41 years, son of Mc Offor and Peace Offor, born in Elemaga, Ibere Nigeria on the 26th May 1975, residing at Charlton Court, Flat 8, J. Quintinus Street, St. Paul’s Bay, Malta and holder of Nigerian Passport bearing number A 1789762.

The Court AUTHORISED the accused to send the sum of two hundred and fifty Euros (€250) through Money Gram of W.J. Coppini to Francesco Tedjada in the Dominican Republic and others on a monthly basis to serve as maintenance for his son Oziam Benjamin Marc Paul Abreu.

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Section 5 (1) (a) (b) of Cap. 373 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a decree given on the 4th October, 2012 by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman) and published in the Government Gazette on the 9th October, 2012 whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable property which may be due to or belonging to Paul Ugochukwu Offor.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By a decree of the 20th of June 2016 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by APS Bank Limited (C2192) on the 17th of June, 2016, the approval of the said judicial acts is being demanded for the amount of €50,000 following judicial sale by auction 42/13 in the names Mark Borg vs Alan Briffa et, held under the Authority of the said Court on the 9th June, 2016. 

According to Article 338 (1) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

DKR 140/2016 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 15th June, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Natasha Galea Sciberras LLD) after an application filed by Renald Barbara on the 2nd June 2016, Compilation Number 112/2016 in the case: 

The Police 

(Inspector Gabriel Micallef)

Versus:

RENALD BARBARA, 35 years, unemployed, son of Paul and Vincenza née Fenech, born in Pietà Malta on the 25th February 1981, residing at number 29, Republic Street, Rabat Malta and holder of Maltese Identity Card bearing number 129981(M).

The Court AUTHORISED the accused to receive any social benefits or pays in amounts that in total do not exceed thirteen thousand, nine hundred, seventy-six euros and twenty-four cents (€13,976.24) per year and which amount is entitled to him for his living according to law.

This variation is made in terms of Article 22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta and of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A (2) of Cap. 9 of the Laws of Malta after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Marse-Ann Farrugia LLD) on the 9th April, 2016 and published in the Government Gazette on the 15th April, 2016 where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Renald Barbara.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

DKR 178/2016 – FREEZING OF ASSETS

IT IS BEING NOTIFIED that by a decree dated 19th June, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire Stafrace Zammit LLD) Compilation number 316/2016 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus

JOHAN BORG, 23 years, cook, son of Jesmond and Susanne née Farrugia, born in Pietà Malta on the 20th October 1992, residing at number 27, Sumond, Flat 2, Thomas Galea Street, Birkirkara Malta and holder of Maltese Identity Card bearing number 495892(M);

AND

CLINT JOSEPH MUSCAT, 22 years, in Construction, son of Victor and Crusianne née Vella, born in Pietà Malta on the 23rd March 1994, residing at number 14, Ortensia, Refugees of War Street, Mosta Malta and holder of Maltese Identity Card bearing number 147694(M).

ORDERED the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to JOHAN BORG and CLINT JOSEPH MUSCAT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 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 16th September 2015 given by the Court of the Magistrates, 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).

That by the application filed by Mobisle Communications Ltd (C 24655) on the 16th July 2015 is asking for the withdrawal of the amount of €1296.49 deposited by the Schedule of Deposit number 2372/14 in the names of:

Mobisle Communications Ltd (C 24655) vs Carmelo Micallef (ID 248802L)

The Court ordered the notification of this application with a week to file a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By means of a decree given, by the Court of Appeal, on the 12th April 2016, in the records of the Appeal Application, in the names Aquilina Joseph et vs Amity Development Limited (C 37831), Application number 843/08 JZM,the following publication was ordered for the purpose of service of the respondents Joseph Aquilina et, Amity Development Ltd (C 37831) in terms of Article 187(3) et. seq. of Cap. 12 of the Laws of Malta.

By means of an Appeal Application, filed, in the Court of Appeal, Writ of Summons Number 843/08 JZM, in the names Joseph and Pauline Aquilina vs Amity Development Ltd (C 37831) on the 19th June 2016, the applicant Amity Development Ltd, respectfully pleaded;

That the plaintiff in the writ of summons states that on the 24th May 2007, the applicants and Anton Pace, representative of the respondent company, signed a private writing or rather preliminary agreement in virtue of which the respondent company promised and bound itself to sell and transfer to the applicants who bound themselves to purchase and acquire the property of rather garage without number which is situated in semi-basement level, accessible from its drive –in which abutts on St. Philip Street, Birżebbuġa,everything built on the site which was previously occupied by the premises named Cobbles, St.Philip Street, Birżebbuġa, as described in the same preliminary agreement.

That the preliminary agreement above mentioned was extended by means of another private writing dated 23rd May of the year 2008, in virtue of which the effects of the preliminary agreement were extended till the 25th July 2008.

That the respondent company is now refuting to come forward to the final contract without a valid reason at law, whilst the applicants are still ready to come forward to the publication of the relative contract to buy the property in question.

Thus for the reasons premised the respondent company is to state why this Honourable Court should not saving the necessary and opportune declaration;

1. Condemn it to execute the preliminary agreement dated 24th May 2007 above mentioned, as extended by another writing above mentioned dated 23rd May 2008, by coming forward to the publication of the notarial act of sale of the property above indicated for the price and all the conditions stipulated.

2. Appoint a Notary to publish the relative contract, at the place, day and time that shall be established and curators to represent the eventual defaulters on the same contract.

That the defendant Saviour Curmi brought forward these pleas.

1. That the request of the applicant is unfounded in fact and at law so much so that the applicants failed to appear on the final contract both at the time of the preliminary agreement as well after the preliminary agreement when offers were made by the respondent company for the transfer to be made.

2. That without prejudice to the above in the eventuality that the deed of transfer is made the plaintiffs are to pay the full price mentioned in the preliminary agreement and this since the applicant Joseph Aquilina was paid for all the work he did according to the contract of works.

That the Honourable First Hall Civil Court, by means of its judgement given on the 31st May 2012, decided the cause by rejecting the pleas of the defendant company.

‘Upholds the first plea and condemns the defendant company to execute the preliminary agreement above referred to of the 24th May 2007, as extended by the private writing of the 23rd May 2008, by coming forward to the publication of the notarial deed of sale of the garage above described.

................omissis..............

Upholds the second demand and appoints Notary Doctor Nicholette Vella, to publish the relative contract.

For the purposes of the second demand appoints for the publication of the final deed the date of Thursday 28th June 2012, at 11.00am, on the second floor of the Courts of Justice Building, Valletta.

Also for the purposes of the second demand appoints Advocate Doctor Anna Mifsud Bonnici as curator to represent the eventual defaulter on the final deed.

Condemns the defendant company to pay all the costs of this cause.

That the applicants felt aggrieved by the heads mentioned in this judgement and are appealing in virtue of this act from the said heads mentioned.

That their grievance is clear and manifest and consists principally in the fact that the Court of First Instance, in its judgement of the 31st May 2012, made a good evaluation of the proof produced and applied in regard to the appellant company an argument which it certainly could apply against the plaintiffs. In its judgement it said that the appellant company had not made the proof of payment it had declared to have made. It is the case that it did not present copies of the cheques, but it is also true as declared by the director of the appellant company Anton Pace, in his affidavit that part of the payment were made in cash.....omissis.....the oath of Anton Pace, should have been sufficient and the best proof in the circumstances. Apart from this the Honourable First Court, penalised the appellant company, due to the fact that Architect Anthony Zammit was not called as a witness.

Apart from this the First Court doubted the sincerity of the appellant company because it did not take action due to the abandonment of work by the plaintiffs. It is rather a fallacious argument because it was due to the plaintiffs, who had to take action, because according to their calculations they were owed by the appellant company €27,960 and the only action they took was to acquire the garage. That is why the First Court did not doubt the plaintiffs when they were owed more than double in this cause and they did not take any action?

................omissis..............

That the Honourable First Court did not find the version of the appellant company not credible because it had testisfied that the final deed was not made because it required the plaintiffs to pay the price and not due to the fact that there was a problem with the waivers of the Bank of Valletta. In fact Anton Pace, was not contradicting himself because commercially he wanted the sale to proceed as longs as he gets paid.

That as regards the question of a cheque that did not have two signatures but one, Anton Pace, did not rember this incident, which is a marginal question and in business various cheques are issued and it is not excluded that some mistakes are made.

That without prejudice to the above the Honourable First Court as indicated in the judgement itself that the debt or not of who should pay the one ‘who goes out of the legal parameters of the present action’ because the action is defective, in the sense that the plaintiff had to ask for the declaration of the debt in his favour. Something which he did not ask and the Court could do nothing in default of this. If the plaintiffs asked for this thus the Court could investigate whether there was an amount due to the plaintiff for the work he carried out and then it could order the appellant company to honour the preliminary agreement and the transfer of property is made. As the preliminary agreement was drawn up it had to be established why the action is defective and limited so that the appellant company appear on the contracts. The Court was never entrusted to establish whether the price was already paid in work he did and thus any declaration by the Honourable First Court, that the amount is due and the work was made is ultra vires and the appellant company was not bound to bring proof for this purpose.

Thus the applicants whilst referring to all the records of the present cause and the said cause number 843/08 JZM, prays this Honourable Court, to revoke the judgement appealed by upholding the pleas of the appellant company and rejecting the plaintiff’s demands.

Whereas the written procedures in the cause before the Court of Appeal between Joseph and Pauline Aquilina vs Amity Development Ltd, have been closed, the Court fixed the hearing of the cause on Monday, ninth (9) of May 2016, at 9.30 a.m. and deferred to the 4th July 2016, at 9.30 a.m.

Notify: Joseph Aquilina et, 89, XYDI, Xintill Street, Tarxien.

Reġistry of the Superior Courts (Appeals) today 23rd June 2016.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals