Court Notices published in Govt. Gazette No. 19,967 of 23th March 2018

By a decree of the Court of Magistrates (Malta) of the 31st 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).

FM Core Condominium Administration Limited (C-68910) in its own capacity as admistrator of the Condominium holding the name Fort Cambridge West 1 (Condominium Number 1587) and also of the Condominium holding the name Fort Cambridge Garage Complex (Condominium Number 1586) of Valley Mansions, Level 1, Msida Valley Road, Birkirkara, filed a Claim on the 17th October 2017, whereby they asked the Court to condemn Igor Kurbatov (Russian Passport holding number 71 7290614) of Fort Cambridge Block West 1, Apartment 1501, Triq Tignè, Tas-Sliema, to pay the plaintiff company the sum of €8,293.10, which amount is due to the plaintiff company.

With costs and interests

The case (Application number 311/17GM) is deferred to the 25th April, 2018, at 10.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 29th January 2018, the publication of the following extract was ordered for the purpose of service on Kenneth Konrad Mallia Milanes and Lisa Ann Mallia Milanes in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

The General Soft Drinks Limited (C 1591) of Marsa Industrial Estate, Marsa MRS 3000, filed a Claim on the 5th September, 2017, whereby they asked the Court to condemn Kenneth Konrad Mallia Milanes (ID 279869M) and Lisa Ann Mallia Milanes (ID 26478M) of Flat 3, Sacred Heart, Triq il-Qawra, St Paul’s Bay, to pay the plaintiff company the sum of €7,553.13, which amount is due to the plaintiff company.

With costs and interests

The case (Notice number 256/17GM) is deferred to the 25th April, 2018, at 10.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 31st March, 2018, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap, 12).

By means of an application filed on the 11th October, 2017, in the records of judicial letter with bills of exchange number 4503/2007 in the names United Acceptance Finance Limited (C 360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, vs Mighel Azzopardi (ID 76383M) of 3, San Mikiel, Triq iċ-Ċimiterju, Ħaż-Żabbar, whereby United Acceptance Finance Limited (C 360) respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 4503/2007, the interpellant company rendered enforceable the bills of exchange amounting to €3,494.06 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and, thus, the applicant company cannot proceed without the authorisation of this Honorable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of €3,494.06, together with interest and relative costs according to law which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honorable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice number 300/17MLF

United Acceptance Finance Limited 

vs

Mighel Azzopardi 

The Court,

Saw the application of United Acceptances Finance Limited of the 11th October, 2017,

Orders the service of the same application to the counter-party who has ten (10) days from the day of notification to submit a reply. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 31st 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).

FM Core Condominium Administration Limited (C-68910) in its own capacity as admistrator of the Condominium holding the name Fort Cambridge West 1 (Condominium Number 1587) and also of the Condominium holding the name Fort Cambridge Garage Complex (Condominium Number 1586) of Valley Mansions, Level 1, Msida Valley Road, Birkirkara, filed a Claim on the 17th October 2017, whereby they asked the Court to condemn Igor Kurbatov (Russian Passport holding number 71 7290614) of Fort Cambridge Block West 1, Apartment 1501, Triq Tignè, Tas-Sliema, to pay the plaintiff company the sum of €8,293.10, which amount is due to the plaintiff company.

With costs and interests

The case (Application number 311/17GM) is deferred to the 25th April, 2018, at 10.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 29th January 2018, the publication of the following extract was ordered for the purpose of service on Kenneth Konrad Mallia Milanes and Lisa Ann Mallia Milanes in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

The General Soft Drinks Limited (C 1591) of Marsa Industrial Estate, Marsa MRS 3000, filed a Claim on the 5th September, 2017, whereby they asked the Court to condemn Kenneth Konrad Mallia Milanes (ID 279869M) and Lisa Ann Mallia Milanes (ID 26478M) of Flat 3, Sacred Heart, Triq il-Qawra, St Paul’s Bay, to pay the plaintiff company the sum of €7,553.13, which amount is due to the plaintiff company.

With costs and interests

The case (Notice number 256/17GM) is deferred to the 25th April, 2018, at 10.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 31st March, 2018, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap, 12).

By means of an application filed on the 11th October, 2017, in the records of judicial letter with bills of exchange number 4503/2007 in the names United Acceptance Finance Limited (C 360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, vs Mighel Azzopardi (ID 76383M) of 3, San Mikiel, Triq iċ-Ċimiterju, Ħaż-Żabbar, whereby United Acceptance Finance Limited (C 360) respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 4503/2007, the interpellant company rendered enforceable the bills of exchange amounting to €3,494.06 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and, thus, the applicant company cannot proceed without the authorisation of this Honorable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of €3,494.06, together with interest and relative costs according to law which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honorable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice number 300/17MLF

United Acceptance Finance Limited 

vs

Mighel Azzopardi 

The Court,

Saw the application of United Acceptances Finance Limited of the 11th October, 2017,

Orders the service of the same application to the counter-party who has ten (10) days from the day of notification to submit a reply. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 6th day of March, 2018, following the request of Edward Francis De Bono (ID 428633M), it was ordered that deputy curators be appointed to represent the absent Daniela Bartoli in the records of the Sworn Application number 211/2018 JPG in the names Edward Francis De Bono (ID 428633M) vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 5th day of March, 2018, in the First Hall of the Civil Court, in the names Edward Francis De Bono (ID 428633M)

vs

Gordon Bartoli, Deputy Curators to represent the absent Daniela Bartoli, and HSBC (Malta) plc qua Trustee, Edward Francis De Bono (ID 428633M) asked this Honourable Court to:

1. Declare that the General Hypotech, the Special Hypotech and the Special Privilege that were enrolled through Note of Enrolment number I 7124/1999 on the premises which consists of a house with its airspace situated in Triq Mamo Zebbuġ (Malta), and having three doors marked with numbers 10, 11, and 12 together with the roof, internal courtyard, basement and the airspace overlying a room which forms part of the adjacent property and which bears the number 9 in the same street mentioned above, which property was acquired by the applicants by means of a contract in the records of Notary Dr Gerard Spiteri Maempel dated the 6th day of May, 1991 and which were enrolled in the Public Registry under the progressive number I 7124/1999 and which were cancelled by means of a contract dated the 25th day of July, 2011, in the records of Notary Dr Patrick Critien have been cancelled by dolo and/or deceit and/or false cause on the part of the said defendants Bartolo and without just cause at law;

2. Therefore order the defendants or either of whom to restore and reconstitute the said General Hypotech on their current and future property as well as the Special Hypotech and the Special Privilege on the above-mentioned property consisting of a house with its airspace situated in Triq Mamo, Ħaż-Żebbuġ (Malta), and having three doors marked with numbers 10, 11, and 12 together with the roof, internal courtyard, basement and the airspace overlying a room which forms part of the adjacent property and which bears the number 9 in the same abovementioned street as security of the balance due to the plaintiff by The Edward De Bono Foundation;

3. Uphold the other demands as set out in the abovementioned Sworn Application including to condemn the defendants Bartoli or either of the defendants for the damages suffered by the plaintiff.

With court costs as demanded against the defendants or any of whom as of now summoned so that a reference to their oath be made.

Applicant: Edward Francis De Bono (ID 428633M), 42, Porta Hompesch, Verdala Mansions, Triq Inguanez, Rabat

Services: Deputy Curators, Superior Courts, Valletta, 

Gordon Bartoli, Ladbrook, Triq il-Wardija, St Paul’s Bay

HSBC (Malta) plc, Legal Office, Triq il-Merkanti, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Dated this 6th day of March, 2018

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 13th of March, 2018 (Application number 24/2018JVC) by Gracie Sciberras and others requested the opening of the Succession of John Mary Sciberras, son of the late John Xiberras and Joan née Xuereb, born in Xewkija and who used to reside in Qala, Gozo, and who died in Qala, Gozo, on the 27th of July 2017, intestate, and which opening of succession is to be made in favour of, that is, one half (1/2) undivided share that devolves on his widow, Gracie Sciberras and one half (1/2) undivided share on his three children and that is Franco Sciberras, Maria Lourdes wife of Joseph Rotin and John Sciberras as to one sixth (1/6) undivided share between each one of them.

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

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 6th day of March, 2018, in the records of the Sworn Application in the names Bank of Valletta plc (C 2833) vs Martin John Easby (ID 48076A), Sworn Application number 16/2018 SM, it was ordered that service upon Martin John Easby (ID 48076A) 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 Bank of Valletta plc (C 2833) vs Martin John Easby (ID 48076A) on the 8th day of January, 2018, the applicant company Bank of Valletta plc (C 2833) asked this Honourable Court to:

1. Declare and hold that there occurred one or more of the events mentioned in the private writing cited in the Sworn Application particularly but not exclusively, whereas Martin John Easby (i) failed to make the payments due to the applicant company as provided in the said private writing; (ii) failed in other obligations assumed by him in the same aforementioned private writing, and/or, (iii) there is a material change in the circumstances of the said Martin John Easby that jeopardise or adversely affect the possibility of repayment of the said debt to the applicant company;

2. Consequently, order Martin John Easby to pay to the applicant company the sum of €26,091.66 balance for the debt in the Loan Accounts of Martin John Easby with Bank of Valletta plc together with further interest from the 26th day of October, 2017, until the date of actual payment. 

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

Applicant: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta

Defendant: Martin John Easby (ID 48076A), Flat 3, Waterside, Triq is-Salini, Marsaskala

The Sworn Application in the names Bank of Valletta plc (C 2833) vs Martin John Easby (ID 48076A) was deferred for hearing to the 12th day of April, 2018, at 9.00 a.m.

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

For the Registrar, Civil Courts and Tribunal

By means of a decree gven by the Civil Court (Family Section) on the 13th March, 2018, in the records of the Application in the names Chetcuti Maria Rosa sive Rosette vs Chetcuti Mario Saviour, Application 47/18 RM, the following publication was ordered for the purpose of service of the defendant Mario Saviour Chetcuti, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Maria Rosa sive Rosette Chetcuti (ID 665356M) vs Mario Saviour Chetcuti (ID 534051M) on the 29th January, 2018, the applicant Maria Rosa sive Rosette Checuti, asked this Honourable Court,

1. To pronounce the dissolution of marriage between the parties in terms of Article 66B of Cap. 16 of the Laws of Malta and uphold the other demands in the application.

Applicant: 35, Fleurettes, Triq Gerry Zammit, Gżira

Defendant: Caravel Court, Flat 3, Triq Sir Joseph Carbone, San Ġiljan

The Application in the names Chetcuti Maria Rosa sive Rosette vs Chetcuti Mario Saviour, Application number 47/18 RM, has been deferred for hearing to Tuesday, 10th April, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 153/2016 – Variation to a Freezing Order

It is being notified that by a decree dated 26th December, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Consuelo Scerri Herrera, LLD) Compilation Number 214/2016 in the case: 

The Police 

(Inspector Joseph Busuttil)

(Inspector John Spiteri)

versus:

Joseph Degiorgio, 72 years, pensioner, son of the late Saviour and Maria Assunta née Spiteri, born in Valletta, Malta, on the 02nd December 1944, residing at Trilogy, Triq Balaguer, Ħal Balzan, Malta, and holder of Maltese identity card bearing number 1077544M;

Paul Jason Degiorgio, 48 years, trader, son of Joseph and Emmanuela née Tabone, born in Canada on the 20th January, 1969, residing at number 27, Winter Haze, Triq San Lucinju, Ħal Lija, Malta, and holder of Maltese identity card bearing number 143200L; 

Christopher Degiorgio, 44 years, Trader, son of Joseph and Emmanuela née Tabone, born in St Julians Malta on the 27th June, 1973, residing at number 25, Shadows, Triq l-Imgħażen, Naxxar, Malta, and holder of Maltese identity card bearing number 387673M; 

and

Josianne Bugeja, 36 years, employee, daughter of Joseph and Emmanuela née Tabone, born in Tal-Piet, Malta, on the 27th October, 1981, residing at Trilogy, Triq Balaguer, Ħal Balzan, Malta, and holder of Maltese identity card bearing number 591681M.

With reference to the companies: 

MCCS Co. Ltd (C 16749), The Maltese Falcon Recruitment Services Ltd (C 11542), Servizi Malta Ltd (C 45511) and Melita Health Services Ltd (C 69568)

The Court reduced the freezing orders and restricted it only on the amount of €46,975.92 (forty-six thousand, nine hundred and seventy-five euro and ninety-two cents) being held as a bank guarantee and orders that this same guarantee remains deposited in the Registry of Court till the final outcome of these proceedings.

This variation is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and to Article 23A(2) of the Criminal Code, Cap. 9 of the Laws of Malta, following another decree dated 12th September, 2017, following another decree dated 17th August, 2017, following another decree dated 17th October, 2016, following another three decrees dated 22nd August, 2016, given by the same Court, following another three decrees dated 8th August, 2016, given by the Criminal Court, following another decree dated 25th May, 2016, following another decree dated 16th May, 2016 and published in the Government Gazette on the 24th May, 2016, following another two decrees dated 21st April, 2016, and published in the Government Gazette on the 10th and 13th May, 2016, respectively, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry where the Court ordered the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Joseph Degiorgio, Paul Jason Degiorgio, Christopher Degiorgio and Josianne Bugeja, 

and

MCCS Co. Ltd (C 16749), The Maltese Falcon Recruitment Services Ltd (C 11542), Servizi Malta Ltd (C 45511) and Melita Health Services Ltd (C 69568)

and prohibited the said accused and respective companies from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to 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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 16/2003 – Cancellation of a Freezing Order

It is being notified that by a decree dated 19th January, 2018, given by the Criminal Court of Appeal (Mr Justice Dr Antonio Mizzi, LLD) after an application filed by Jeffrey Savage on the 15th January, 2018, and following judgement given by the same Court on the 18th October, 2017 (Mr Justice Dr David Scicluna, LLD), Appeal numbers 488/2012 and 495/2012, in the case:

The Police 

versus

Jeffrey Savage, 44 years, son of Eric and Margaret née Spiteri, born in Imtarfa Malta on the 08th July 1973, residing at Block 5, House 1, St Patrick’s Road, Pembroke, Malta, and holder of Maltese identity card bearing number 289873M.

The Court ordered the cancellation of the freezing order of all the assets of the said Jeffrey Savage, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Jacqueline Padovani, LLD) on the 14th February, 2003, which was duly published in the Government Gazette of the 21st February, 2003.

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

MARIA DOLORES FENECH

Director, Criminal Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 13th day of March, 2018, in the records of the Sworn Application in the names Alf Mizzi & Sons (Marketing) Ltd (C 8692) vs More Supermarkets (Ħamrun) Ltd et, Sworn Application 16/2015, it was ordered that service upon Adrian Agius (ID 328078M) and Christian Delia (ID 337568M) 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 Reply to Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Alf Mizzi & Sons (Marketing) Ltd (C 8692) vs More Supermarkets (Ħamrun) Ltd et on the 11th day of August, 2017, Alf Mizzi & Sons (Marketing) Ltd (C 8692) respectfully submitted:

That this is an appeal from a judgement of the First Hall of the Civil Court entered on the 27th day of June, 2017, whereby the claim of the appellee company (formerly the applicant) for the payment of amounts due to it was upheld;

That this claim was upheld vis-a-vis the principal debtor More Supermarkets (Ħamrun) Limited and the debtors in solidum Ryan Schembri, Mario Schembri and Darren Casha. During the proceedings, the appellee company got paid part of the amount owed by some of the other joint and several debtors (that were originally included as respondents) and in consequence the procedures against them were withdrawn;

That the only appeal that was filed was that of Mario Schembri and as results from the records of the cause he only submitted an affidavit, that was of little relevance to the Sworn Replies he had submitted earlier, or to the merits of the present case. Mario Schembri had not filed written submissions before the Honourable Court of First Instance, although he had every possibility to do so;

That in the abovementioned Reply to Appeal, the appellee company raised a preliminary plea (the nullity of the Application of Appeal) and subsequently passed on to list the facts that led to these procedures; 

That by means of the judgement of the Court of First Instance entered on the 27th day of June, 2017, all the replies submitted were rejected, including those of Mario Schembri and the Honourable Court of First Instance concluded that the reduced amount of €250,625.25 with legal interest from the 20th day of April, 2015, till the date of actual payment, shall be paid by the defendants (with the exception of Christian Delia, Kurt Camilleri and Adrian Agius, who as stated the cause against them was withdrawn); 

That only Mario Schembri filed an appeal from this judgement; 

That the appellant Mario Schembri raised three grievances from the above-cited judgement and essentially argues that the claim of the appellee company, formerly the applicant, had to be rejected due to lack of legal interest on the part of the same company. He also submits that the agreement on the basis of which this lawsuit was instituted is not an agreement but only an application for payment by instalments and in the last grievance argues that when the appellee company accepted the payment of one hundred thousand Euros from three of the co-debtors, it put more pressure on Mario Schembri;

That each of these grievances was addressed separately and namely: 1) The absence of legal interest …omissis … That it is “an established principle in jurisprudence that the Court of Appeal does not disturb the appraisal of evidence the Court of First Instance made, except in exceptional cases and circumstances that certainly do not result in this cause.” …omissis … this same argument of the appellant does not hold …omissis … The legal interest of the appellee company and how it results is therefore clear …omissis … ; 2) The agreement is devoid of the essential elements of an agreement …omissis … With respect it is submitted that the grievance is very confusing and the appellee company will try its best to address it …omissis … For the reasons given in the abovementioned Reply to Appeal, this grievance should be dismissed, and 3) The agreement with some of the defendants …omissis … Preliminarily it is submitted that this grievance had to be raised before the First Hall of the Civil Court …omissis … Without prejudice to the above-given, in substance, this grievance also cannot be upheld and is contrary to every principle of debtors in solidum …omissis … Therefore, the Article of the Law relied upon by the appellant is completely irrelevant for the purposes of this argument and also for these reasons, the grievance should be dismissed.

Therefore, for the above-given reasons and also for those reasons which may be submitted during the hearing of this appeal, the appellee company asks this Honourable Court to reject the appeal of Mario Schembri and confirm the judgement under appeal with the costs of both instances against him.

Appellee: Alf Mizzi & Sons (Marketing) Ltd (C 8692)

Services: Adrian Agius (ID 328078M), 11, Massabielle, Triq il-‘Victoria Lines’, Naxxar

Christian Delia (ID 337568M), 15, La Guaira, Triq Onorato Bres, Ta’ Xbiex

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 (Constitutional Jurisdiction), entered on the 21st day of February, 2018, in the records of the Constitutional Reference in the names Ritchel Lotino Borg vs Edward Borg, Constitutional Reference 99/2017 MCH, it was ordered that service upon Ritchel Lotino Borg 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 filed in the Civil Court (Family Section), in the names Ritchel Lotino Borg vs Edward Borg on the 31st day of October, 2017, the applicant Edward Borg asked this Hounourable Court to:

In terms of Article 46(3) of the Constitution of Malta make a reference to the Civil Court, First Hall in order for the latter to decide whether the fact that the report of the Children’s Advocate was sealed on the order of this Honourable Court by a decree of the 17th day of October, 2017, constitutes a violation of fundamental human rights and in particular the right of a fair hearing in terms of Article 39 of the Constitution of Malta and Article 6 of the European Convention on Human Rights and therefore order the Registrar to ensure that such a reference is transmitted to the Registrar of the Civil Courts Malta so that this reference be assigned according to the law.

Applicant: Edward Borg, Flt 1, Lucia Apartments, Triq id-Delu, Mosta

Services: Ritchel Lotino Borg, 54, Mary Lou, Basement Flt, Triq Filippu Farrugia, Żurrieq

The Application in the names Ritchel Lotino Borg vs Edward Borg was deferred for hearing to the 16th day of April, 2018 at 8.45 a.m.

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

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of March, 2018, following the request of Estera International Fund Services (Malta) Limited (C 51132), it was ordered that deputy curators be appointed to represent the absent foreign company Fundabilis GMBH in the records of the Judicial Letter with number 794/2018 in the names Estera International Fund Services (Malta) Limited (C 51132) vs TTC Sicav PLC (SV 300) and Deputy Curators et and in the other relative and subsequent acts.

By a Judicial Letter, filed on the 7th day of March, 2018, in the Civil Court, First Hall in the names Estera International Fund Services (Malta) Limited (C 51132)

vs

TTC Sicav plc (SV 300) and Deputy Curators appointed to represent the absent foreign company Fundabilis GMBH, Estera International Fund Services (Malta) Limited (C 51132) respectfully submitted:

That by the present judicial letter, the sending company Estera International Fund Services (Malta) Limited (C 51132) of Smartcity Malta SCM 01, Suite 502, Ricasoli, Kalkara, SCM 1001, Malta, formally calls upon you so that within two days from the date of receipt of this letter, you pay to the sending company the sum of €110,954.00, due by you, which sum represents the cost of services rendered by the sending company and related costs which amounts to date have not yet been paid.

In default of payment within the time given to you, proceedings will be taken against you without further notice. 

With costs and legal interest until the date of actual payment.

Applicant: Estera International Fund Services (Malta) Limited (C 51132), Smartycity Malta SCM 01, Suite 502, Ricasoli, Kalkara SCM 1001

Services: Deputy Curators, Superior Courts, Valletta

TTC Sicav plc (SV 300), 60/2, Triq Melita, Valletta

Now, therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Dated this 9th day of March, 2018

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

For the Registrar, Civil Courts and Tribunals

By a decree given on 15th March, 2018, 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 the application filed in the Civil Court First Hall on the 4th December, 2017, by TyreHub Limited with the registration number (C 29471) application number 46/17 in the names Tyre Hub Limited vs Anthony Balzan (ID 764255M) et being asked that the Court orders the Sale by Auction of:

Half undivided share of the shops built in the area marked in blue on the site plan annexed to the contract in the records of Notary Dr Remigio Zammit Pace dated eleven (11) January, nine hundred ninety three (1993), which airspace was up to ten courses height from the pavement level, and which area measures seventeen point nine square metres (17.9 sq.m.) previously forming part from house number nine (9) in Main Street, St Julians, and which airspace is bounded on the East by property marked with green on the site plan, on the South by property marked in red on the same contract and on the West by property of Fratelli Carmelitani or successors in title them.

The said tenement is the property of Anthony Balzan (ID 764255M).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 13th March 2018, in the records of the General Application in the names Carmen Galea (ID 553740M) vs Helen Mallia (ID 357968M) Application Number 248/17 AL, the following publication was ordered for the purpose of service of the respondent Helen Mallia (ID 357968M) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a General Application, filed, in the Civil Court (Family Section) in the names Carmen Galea (ID 553740M) vs Helen Mallia (ID 357968M) on the 23rd June, 2017, the applicant Carmen Galea (ID 553740M) humbly pleaded:

That the applicant’s son, or rather Jesmond Galea (ID 425777M), had a relationship withthe respondent and from this relationship a boy was born named  … omissis … (Birth Certificate annexed);

That the said Jesmond Galea passed away all of a sudden at the age of 39 on the 16th January, 2017;

That the mother and father of the minor had procedures in the Civil Court (Family Section) due to lack of agreement regarding the access. However, during these last months, the father was seeing his son three times a week;

As the minor’s father passed away, the respondent stopped every contact between the minor and the his father’s family;

That this is causing great heartache to the family of the minor’s father particulary his mother the applicant a woman of seventy seven years;

That our law provides for similar situations by means of Article 149 of Cap. 16 of the Laws of Malta, which states that, ‘Despite all that maybe found in every other provision of this Code, the Court may if shown a good reason, give those orders regarding the person or property of a person which is under age as it deems fit in the best interest of the boy’;

That the applicant is not demanding to be given the same rights which the minor’s father had, what she is asking is that at least she be given the opportunity to see the boy.

Thus, in the light of the facts above exposed the applicant humbly prays this Honourable Court, saving any order it feels that it should impose, fix days and times during which the applicant may meet or have access to her nephew  … omissis …

Applicant: Block L, Flat 4, Triq il-Laqxija, Birkirkara

Respondent; St Anthony’s Farm, Triq Selmun, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of The Civil Court (Family Section)

Whereas the plaintiff Musa Mohammed Abdullah (ID 0045020A) filed an application under oath (No. 64/18 AL) demanding Corrections in the Act of Birth of the minor Chanelle Mejlak number 5395/2012 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