Court Notices published in Govt. Gazette No. 19,852 of 25 August 2017

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 22nd March, 2017, following a request of Adv. Peter Fenech noe, it was ordered that deputy curators be chosen to represent the absent consignatary Albijaha Trading Co. Ltd of Import Eport Street Jare Tripoli, Libya, in the records of the Sworn Application number 242/2017 MCH, in the names Adv. Peter Fenech noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Adv. Peter Fenech as special mandatary of the foreign company Futbol Club Barcelona of Avenida Aristides Maillol s/n E-08028, Barcelona, Spain, vs Deputy Curators to represent the absent consignatary Albijaha Trading Co. Ltd Of Import and Export Street Jare Tripoli, Libya, on the 17th March, 2017, the applicant Advocate Peter Fenech as special mandatary of the foreign company Futbol Club Barcelona, humbly asked this Honourable Court:

1. To declare that the objects consisting in nineteen (19) lots containing two hundred fifty six (256) pieces in each lot, for a total of four thousand eight hundred sixty four (4864) tracksuit trousers all with the registered marks of Futbol Club Barcelona on which there is the trademark of the European Union of the foreign association Futbol Club Barcelona as registered with the Office of Intellectual Property of the European Union (EUIPO) namely combined mark with registration number 2803005 dated 11th February, 2004, (Doc. F1 annexed) which are presently under the Authority of the Comptroller of Customs after he suspended the release of the container with number CMAU4102387 contained the said merchandise are counterfeit and contravene the rights of intellectual property of the applicant company Futbol Club Barcelona and this if necessary by means of the appointment of experts for this purpose;

2. Order the Comptroller of Customs to dispose of such merchandise outside the Chanels of Commerce in such a manner as to preclude any damage to the applicant company and the public consumer or order the Comptroller of Customs to destroy the said merchandise in any case without any compensation and at the expense of the respondents.

3. Order that the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants including those of transport of the said merchandise for storage in Malta before their eventual destruction, of the storage itself, of the tallying, and all the expenses due to the Comptroller of Customs from the beginning of the procedures, as well as the transport from the place of storage to the place of eventual destruction, including all the costs including the final destruction of the same merchandise.

With costs, against the respondents from now summoned so that reference to their evidence be made.

List of Witnesses

List of Documents

Service, Applicant: 36, Triq l-Arcisqof, Valletta VLT 1447

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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 27th July, 2017, following a request of HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent the absent Valeria Zusina, in the Judicial letter number 2654/2017, in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a Judicial Letter, filed, in the First Hall Civil Court, against Deputy Curators to represent the absent Zusina Valeria (Russian passport 51N02928169) the company HSBC Bank Malta plc (C 4177) of 32, Triq il-Merkanti, Valletta, brings to your formal notice the fact that on the day of the 7th July 2017, you were in delay in the payments of loan given to you in virtue of contracts in the records of Notary Dr Remigio Zammit Pace, dated 17th November, 2007, in the amount of eight hundred and twelve thousand three hundred forty eight euro and twenty five cents (€812,348.25).

This letter serves also to interrupt precscriptiom and is thus required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

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

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 should encounter any difficulty in the execution of this ban, you are to inform forthwith this Court.

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

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 21st August, 2017, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 21st August, 2017, in the records of the schedule of deposit and concurrent redemption of ground rent bearing number 191/2017 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Brian Saliba, identity card number 25375G, self-employed, son of Anthony Saliba and Antonia née Cauchi, born in Victoria, Gozo, on the 29th October, 1975, and residing at ʻSunflower’, Triq Malta, Għajnsielem, Gozo, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown owners who are entitled to receive the herein mentioned ground rent, and this in the records of the schedule of deposit and concurrent redemption of ground rent bearing number 191/2017 in the names “Brian Saliba versus deputy curators to represent the unknown owners who are entitled to receive the herein mentioned ground rent,” filed on the 18th August, 2017, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 

The applicant is the owner of a portion of land known as ʻTa’ Paċokk’, in the area having the same denomination, in the limits of Xewkija, Gozo, measuring circa two hundred and six point five square meters (206.5 sq.m.); which measurement includes half the area of the proposed road to the North, bounded on the East by property of Gusepp Cauchi, West by property of John Cauchi and North by property of Emanuel Cauchi, or more correct boundaries; as it is indentified said property on the plan and site plan attached to the said schedule of deposit and marked as Document A. 

This property was acquired by the applicant by virtue of a deed in the records of Notary Enzo Dimech dated on the 28th September, 1998, as corrected by virtue of a deed in the records of Notary Paul George Pisani dated 19th June, 2017;

It seems that the property of the applicant is subject to its rate of annual and perpetual ground rent of thirteen euro cents (€0.13c), and consequently amounting to the sum of two euro and sixty euro cents (€2.60c) when this ground rent is capitalized at the rate of five percent (5%) as required by Law; which ground rent is mentioned in the emphyteutical concession by virtue of a deed published in the records of Notary Francesco Refalo dated twenty sixth (26th) of March of the year nineteen thirty eight (1938);

Thus, the applicants are exonerating themselves from any responsibility and are redeeming this ground rent and are humbly calling upon this Honorable Court and under its authority are depositing the amount of three euro and twenty five euro cents (€3.25) representing the concurrent redemption of ground rent and arrears of the ground rent as above explained, which amount can be freely withdrawn by whoever has such right on condition they tender due receipt. 

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a declaratory note to accept such an assignment and in default, this court will proceed to nominate an official curator.

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

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

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals.

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Mark Mizzi (ID 321784M) filed an application under oath (No. 62/17 AL) demanding Corrections in the Act of Birth of the minor Noah Borg number 5803/2016 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

RITA MANGION

For Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 16th of August, 2017 (Application number 61/2017JVC) by Carmela Vella et requested the opening of the Succession of Rev. Fr Carmelo Vella, bachelor, priest, son of the late Louis Vella and Carmela née Micallef, born in Rabat, Gozo, and who used to reside in Ta’ Kerċem, Gozo, died in Tal-Qroqq, Msida, Malta, on the third (3) of February two thousand and seventeen (2017) intestate, which opening of succession is to be made in favour of: Carmela Vella as to one half (1/2) undivided share; Raymond Vella as to one sixth (1/6) undivided share; Joseph Vella as to one sixth (1/6) undivided share and Arthur Vella as to one sixth (1/6) undivided share.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns. 

Voluntary Jurisdiction, this 22nd August, 2017

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunal

By decree given by the Civil Court, First Hall on the 21st August, 2017, on the application of Europrosan Spa Va 181251, Thursday, 2nd November, 2017, 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, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

Warehouse of circa 180 metres squared without official number and name refered as ‘Andrew’ at street level in Triq is-Salib tal-Imrieħel, limits of Birkirkara, subject to a servitude of third parties. The property is subjected to a rent of third parties. The property is valued at two hundred eighty five thousand euro (€285,000).

First Floor Offices overlaying the warehouse of circa 199.5 metres squared excluding the surface of the stair well and its airspace. The offices are accessible from an un unumbered entrance named ‘Tri Crest House’ which is situated in Triq is-Salib tal-Imrieħel, limits of Birkirkara. The property is valued two hundred and thirty five thousand euro (€235,000)

The airspace overlaying the abovementioned offices accessible from a stair well without official number named ‘Tri-Crest’ House at street level in Triq is-Salib tal-Imrieħel limits of Birkirkara, valued at one hundred and seventy five thousand euro (€175,000)

The said tenement is the property of Sarrebico Medical Supplies Limited (C 16017).

N.B. The said tenement will be sold as described in the acts of judicial sales number 45/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th April, 2016, Application number 404/2016 by Advocate Dr Claire Marie Calleja, whereby Theresa sive Tessie Calleja holding identity card number 47039M, was Incapacitated by means of a decree given on the 7th July, 2017, and under the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By a decree of the 2nd August, 2017, 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 Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 27th July, 2017 the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 7/17 in the names J. Zammit Limited (C 37945) vs Dennis Vincent Carl Sammut (ID 300298M) held under the Authority of the said Court on the 26th July, 2017.

According to Article 338 (2) 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.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 27th July, 2017, following a request of HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent the vacant inheritance of Josephine Maskell, in the records of the Judicial Sale Number 29/2017, in the names HSBC Bank Malta plc vs Maskell Teddy Arthur Maskell and Deputy Curators and in the other relative and subsequent acts.

By means of an Application, presented, in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Maskell Teddy Arthur Maskell (ID 12636A) as surety in solidum of Tal-Ingliż Company Limited (C 33568) and as deputy curators to represent the vacant inheritance of Josephine Maskell who had identity card number 200743M as surety in solidum of Tal-Ingliż Company Limited (C 33568) on the21st July, 2017, Application for an Executive Warrant of Seizure on the immovable property and judicial sale of the company HSBC Bank malta plc, on the 21st July, 2017, the applicant company HSBC Bank Malta plc respectfully pleaded,

That by a contract of constitution of debt of the 23rd July, 2009, in the records of Notary Nicholas Briffa (Doc. HSBC 1) and rendered executable in terms of Article 258 of Cap 12 of the Laws of Malta, by means of a judicial letter in the First Hall Civil court number 1836/2015, dated 20th May, 2015, (Doc. HSBC 2) the interpellant Bank was confirmed a creditor of Maskell Teddy Arthur as surety in solidum of Tal-Ingliż Company Limited, in the sum of (€61,058.23) due in terms of the same contract, besides further legal interest at the rate of 8% yearly on the capital sum from the 16th May, 2015, till the date of effective payment;

… omissis …

That by means of a judgement 1077/2014, in the names ‘HSBC Bank (Malta) plc (C 3177) vs a) Tal-Ingliż Company Limited (C 33568) as Principal Debtor and b) Dr Martin Fenech and Pl Quentin Tanti as Deputy Curators to represent the vacant inheritance of Josephine Maskell who had identity card number 200743M, of the 22nd June, 2015, the interpellant Bank was confirmed creditor of Maskell Josephine as surety in solidum of tal-Ingliż Company Limited, in the sum of (€61,058.23) due in terms of the same contract besides further legal interests, at the rate of 8% on the capital sum from the 16th May, 2015;

That amongst the immovable property of the respondents there is:

1. The tenement number (104) previously number one (1) named Sempre Viva, in Triq il-Kleru, Fgura,

2. The garage without name number one hundred (100) underlying property of third parties in Triq il-Kleru, Fgura;

That in terms of Article 305 of Cap. 12 of the Laws of Malta, the applicants are exhibiting a copy of the searches of the respondent company from where there result various hypothecs that can aggravate the premises in judicial sale(Doc .HSBC 4).

Thus, the applicant company humbly prays this Honourable Court:

a) To order the Issuing of an Executive Warrant of Seizure by ordering the judicial sale of the property as described in this application;

b) Appoint a Court Expert to accede on the place and make the valuation, which valutation is to include also documented evidence of the leases to which these premises are subject;

c) Fix a day, time and place for the sale of the property mentioned and this in satisfaction of their credit above mentioned.

Applicant: 32, Triq il-Merkanti, 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 Joseph Joseph Azzopardi, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals