Court Notices published in Govt. Gazette No. 19,970 of 29th March 2018

By means of a decree given by the Civil Court (Family Section) on the 20th March, 2018, in the records of the Sworn Application in the names Caruana Noel vs Sammut Sonia, pro et noe et, Application number 1/18 RM, the following publication was ordered for the purpose of service of the defendant Sonia Sammut, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Noel Caruana (ID 26084M) vs 1) Sonia Sammut in her own name and as curator ad litem of the minor daughter … omissis …; 2) Director Public Registry, on the 4th January, 2018, the applicant Noel Caruana (ID 26084M) respectfully pleaded and asked this Honourable Court:

That he presented this cause in terms of Article 86 of the Civil Code;

That the applicant had a relationship with the respondent Sonia Sammut and from this relationship the minor … omissis … was born, on the 17th December, 2014;

That in the Birth Certificate of the said minor … omissis … she was registered as the daughter of an unknown father;

That the applicant is filing these procedures in order to acknowledge the minor … omissis … as his daughter.

Thus, the respondents are to state why this Honourable Court should not:

i) Saving any necessary order or provision it may give, including the appointment of a forensic expert/s in order to carry out the test/s in order to establish the biological paternity of the minior … omissis … as well as saving any necessary declaratiion declare and decide that the applicant is the biological /natural father of the minor … omissis …

ii) consequently, authorise that the acknowledgement of the minor … omissis … on the part of the applicant as her father and order the Director Public Registry so that in the birth certificate of the said minor which bears the progressive number 6203/2015 there be carried out the changes herein demanded, including that the surname of the minor … omissis … indicated in the birth certificate as well any other relative act is to be of the applicant and namely ‘Caruana’.

With costs against the respondent Sonia Sammut and the respondents are from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Caruana Noel vs Sammut Sonia pro et noe et, Application number 1/18 RM, has been deferred for hearing to Tuesday, 8th May, 2017, at 9.30 a.m.

Applicant: 22, Triq San Giljan, Birkirkara

Respondent: 1. Sonia Sammut, 6, Triq l-Iskola, Ħamrun

Reġistry of the Civil Courts (Family Section), today 26th March, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 15th day of March, 2018, in the records of the Sworn Application in the names Avukat Dr Malcolm Cassar (ID 630982M) vs Edrichton Estates Limited (C 23156), Sworn Application 669/2014, it was ordered that service upon Edrichton Estates Limited (C 23156) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Avukat Dr Malcolm Cassar (ID 630982M) vs Edrichton Estates Limited (C 23156) on the 15th day of December, 2017, Avukat Dr Malcolm Cassar (ID 630982M) respectfully submitted:

That by means of a Sworn Application filed before the Civil Court, First Hall, the plaintiff premised and claimed as given in the abovementioned Application of Appeal; 

That the respondent company Edrichton Estates Limited in its Sworn Reply filed on the 26th day of August, 2014, pleaded as reproduced in said Application of Appeal;

That together with its Sworn Reply, the respondent company Edrichton Estates Limited also filed a counterclaim whereby it asked the Honourable First Hall of the Civil Court as given in the aforementioned Application of Appeal;

That by means of his Sworn Reply Avukat Dr Malcolm Cassar replied to the counterclaim of the appellee Edrichton Estates Limited as indicated in the said Application of Appeal;

That the Honourable Court of First Instance decided this cause by means of a judgement in the above-cited names entered on the 3rd day of December, 2017; 

That the plaintiff appellant felt aggrieved by this judgement insofar it rejected his second claim and is thus humbly filing an appeal before this Honourable Court of Appeal;

That the appellant’s grievance is clear and manifest and consists in the following: That the considerations made by the Honourable Court of First Instance in respect of the second claim of the plaintiff are legally and factually wrong … omissis …

That the abovementioned Application of Appeal sets out the key facts of the cause and explains in detail the main grievance of the appellant … omissis … That the Honourable Court of First Instance then moved to consider the second claim wherein it was asked to decide how the sub-ground rent of £1.275 was revised on the 15th day of April, 1990 and how it was further revised after twenty-five years in the year 2015 … omissis … That, with all respect, the First Court was merely asked to apply the formula set out in the abovementioned Application of Appeal … omissis … That this amount of sub-ground rent was revised for the second time after twenty-five years, i.e. in the year 2015, as specified in the contract dated the 3rd day of March, 1969 in the records of Notary Paul Pullicino. Therefore, the Honourable Court of First Instance had to apply the same formula again … omissis … That in fact it results from the judgement under appeal that the Honourable First Court made two mistaken considerations that are important with respect to the second claim which two considerations were addressed individually in the said Application of Appeal and i.e. (1) The assertion of the Court of First Instance that the plaintiff is in some way bound to pay the sub-ground rent of Lm86.60 (€201.72) because this was the amount that his predecessor in title used to pay is wrong … omissis … and (2) The second revision of 2015 of this sub-ground rent of £1.275 was made erroneously by the Court of First Instance … omissis …

Therefore, in the light of the above, while the appellant makes reference to the evidence already submitted and to further evidence admissible at this stage of appeal asks with respect this Honourable Court to reform the judgement under appeal in the above-cited names entered by the Honourable First Hall of the Civil Court on the 29th day of November, 2017, by confirming it except for what it decided on the second claim, revoking it insofar it rejected the second claim of the plaintiff and instead move to uphold the second claim of the plaintiff … omissis … with the costs of both instances against the appellee company.

Appellant: Adv. Dott Malcolm Cassar (ID 630982M)

Services: Edrichton Estates Limited (C 23156), 43, Gwardamanġa Hill, Gwardamanġa

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 30th November, 2017, 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 Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 27th November, 2017, whereby they asked the Tribunal to condemn Eucharist Bajada (ID 375069M) of 47, Casa Maria, Vjal Sir Michelangelo Refalo, Ħal Balzan, to pay the plaintiff company the sum of €2163.89, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 535/17KCX) is deferred on the 25th April, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 9th January, 2018, 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 Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 27th November, 2017, whereby they asked the Tribunal to condemn Bliznakova Stefka Ilieva (ID 131211A) of Summerfield, Blokk C, Flat 5, Triq San Massimiljanu Kolbe, St Paul’s Bay, to pay the plaintiff company the sum of €3274.95, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 538/17PA) is deferred on the 17th April, 2018, at 1.30 p.m.

ALEXANDRA DEBATTISTA

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 16th March, 2018, 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 16th March, 2018, in the records of the schedule of deposit and redemption of ground rent bearing number 50/2018 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicants Theresa Zammit wife of Amabile Zammit, housewife, born in and residing in San Lawrenz, Gozo, identity card number 37046G; Mary Micallef, widow of Carmel Micallef, housewife, born in and residing in San Lawrenz, Gozo, identity card number 53847G; Joseph Cutajar, a pensioner, born in and residing in San Lawrenz, Gozo, identity card number 67249G; Reverend Father Emanuel Cutajar born in and residing in San Lawrenz, Gozo, identity card number 95550G; Salvina Cauchi wife of Saviour Cauchi, a housewife, born in San Lawrenz, Gozo, and residing in Sydney 2765, Australia; whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned ground rent in the schedule of deposit and redemption of ground bearing number 50/2018 in names “Theresa Zammit et versus deputy curators to represent the unknown persons who are entitled to receive the herein mentioned ground rent in the schedule of deposit and redemption of ground rent” filed on the 8th March, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 

Whereas through the succession of applicants’ parents namely George Cutajar and Giuseppa née Cauchi, the applicants together and in solidum acquired a portion of land known as ta’ Garruni or tal-Mixta in the area denominated Għajn Abdul in the limits of Ta’ Kerċem, Gozo, measuring circa four hundred and forty-two square meters (442 sq.m) bounded on the West by a rural passageway, East by property of Michael Stellini and North by property of the heirs of Carmelo Grima, as subject to the annual and perpetual ground rent of twelve cents five mils of the Maltese Lira (Lm0.12.5) equivalent to twenty nine euro cents (€0.29);

Thus, the applicant is redeeming this ground rent and thus is humbly calling upon this Honourable Court and under its authority is depositing the amount of five euro and eighty-two euro cents (€5.82) redemption of ground rent of an annual and perpetual ground rent, to be freely withdrawn by the respondent entitled to such as long as due receipt according to law is tendered.

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 note declaring therein that they 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 these banns, you are to inform this Court forthwith.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Joanne Vella Cuschieri, BA Mag. Jur. (Eur. Law), LLD, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By a dDecree of the 27th March, 2018, 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 22nd March, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial Sale by Auction 3/18 in the names J. Zammit Limited vs David Francis Horril (ID 140126A) held under the Authority of the said Court on the 21st March, 2018.

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.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 21st of March, 2018, by Peter Muscat, number 42/2018, wherein he prayed to be declared open in in his favour in shares of one half (1/2) undivided and the remaining one half (1/2) undivided share in favour of Melissa, Amanda and Chantelle, siblings Muscat, children of the deceased, in equal shares between them the Succession of his wife Teresa Muscat (ID 618464M), daughter of George Mercieca and mother unknown, born at Gżira, resided at Ħamrun and died at Tal-Qroqq, Msida, on the 14th of October, 2017, aged 52 years.

Whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to law.

MARCEL BUGEJA

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree entered by the First Hall Civil Court on the 20th day of March, 2018, in the records of the Warrant of Prohibitory Injunction in the names Luke Bianco (ID 466290M) et vs Soutwin Properties Limited (C 40933), Warrant of Prohibitory Injunction number 323/2018 AF, the following publication was ordered for the purpose of service of the respondent company Soutwin Properties Limited (C 40933) in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Luke Bianco (ID 466290M), and Martina Mifsud (ID 356992M) vs Soutwin Properties Limited (C 40933) on the 27th day of February, 2018, Luke Bianco (ID 466290M) et respectfully submitted:

That the applicants have an interest that their rights be secured;

That the applicants, in order to secure their rights against the respondent, respectfully request that this Court orders the issue of a warrant of prohibitory injunction against the respondent company restraining it from selling, assigning, transferring or disposing inter vivos whether by onerous or gratuitous title, or hypotecating, or in any way imposing or granting any right on the following properties, and this by any title, real or personal, onerous or gratuitous, in favour of any other person, in respect of the same properties

a) The penthouse, internally marked with the number 7, on the fifth floor or fourth floor level forming part of a block of buildings, which block at the time of the signing of the Promise of Sale Agreement hereunder mentioned was still unnumbered and unnamed, in Triq is-Sienja/Triq Espedito Deguara formerly a new unnamed road abutting in Saint Michael Street, Żurrieq, better described in above-mentioned Application 323/2018 AF, and its annexed documents, and 

b) The garage, including the subsoil internally marked with the number 2, forming part of the aforementioned block of buildings, better described in the above-mentioned Application 323/2018 AF and its annexed documents.

And this so that the applicants secure the rights arising from the Promise of Sale Agreement dated the 14th day of May, 2016, in the records of Notary Jean Carl Debono as better specified in the abovementioned Application 323/2018 AF.

… omissis …

Wherefore, the applicants respectfully request that this Court orders the issue of the relative warrant of prohibitory injunction against the respondent.

Confirmed on oath before me after I have read to him the contents and in the presence of a witness to identity.

Republic of Malta

Court Warrant

To the Marshal of the Courts

Whereas the aforementioned application has been filed and it contains the elements required according to law for the issue of the orders herein contained; 

… omissis …

Given by the Civil Court, First Hall and witnessed by The Hon. Madam Justice Anna Felice, LLD, Doctor of Laws.

Applicants: 1) Luke Bianco (ID 466290M), 18, ‘Betta’, Triq l-Iskol, Marsaskala

2) Martina Mifsud (ID 356992M), 141, ‘Morning Dew’, Flat 3, Triq il-Wilġa, Ħal Luqa

Respondent: Soutwin Properties Limited (C 40933), 12, ‘Spring’, Triq il-Bisqallin, Żejtun

Execution: Director of the Public Registry, Valletta

Land Registrar, Valletta

The Application in the names Luke Bianco (ID 466290M) et vs Soutwin Properties Limited (C 40933) was deferred for hearing to the 16th day of April, 2018, at 9.30 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 15th day of February, 2018, in the records of the Sworn Application in the names Mark Anthony Portelli (ID 535880M) vs Norman Zammit, Sworn Application number 12/2018 JPG, it was ordered that service upon Norman Zammit be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Mark Anthony Portelli (ID 535880M) vs Norman Zammit on the 5th day of January, 2018, Mark Anthony Portelli (ID 535880M) asked this Honourable Court, to allow his demands without proceeding to trial in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta and: 

1. Declare that the defendant is a debtor of the plaintiff in the sum of €30,000;

2. Order the defendant to pay to the applicant the above indicated sum of €30,000.

With court costs as demanded against the defendant as of now summoned so that a reference to his oath be made. 

Applicant: Mark Anthony Portelli (ID 535880M), 59, Triq il-Mediterran, Pembroke

Services: Norman Zammit

1) 12, Navarin, Triq Karm Galea, Tas-Sliema

2) Oyster Court, Flat 6, Triq il-Faqqiegħ, Ħ’Attard

3) Tal-Qarqoċċu, Triq Jules Verne, San Pawl tat-Tarġa

The Sworn Application in the names Mark Anthony Portelli (ID 535880M) vs Norman Zammit was deferred for hearing to the 23rd day of May, 2018, at 9:20 a.m. 

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 1/2017 – Revoked Interdiction

It is being notified that by a decree given on the 9th February, 2018, by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Ian Farrugia, LLD) following an application filed by Oswald Lanzon on the 2nd February, 2018, Compilation number 1058/2004, in the case in the names,

The Police 

(Inspector Jonathan Ferris)

versus

Oswald Lanzon, 49 years, son of John and Doris née Attard, born in Tas-Sliema, Malta, on the 18th December, 1968, residing at Kingsland Mansions, Flat 1E, Triq Victor Denaro, Msida, Malta, and holder Maltese identity card number 31169M. 

The Court Revoked the general perpetual interdiction of the said Oswald Lanzon, which order was given by the same Court by judgement of the 5th April, 2017, and this according to Article 10 (6) of the Criminal Code of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta. Payment for this publication was made today and in accordance with the same sub-section. 

DR JOHN SEYCHELL NAVARRO 

DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Courts of Criminal Tribunals (Malta)