Court Notices published in Govt. Gazette No. 19,984 of 27th April 2018

By means of a decree given, by the Civil Court First Hall, on the 26th March, 2018, in the records of the Application in the names Commissioner for Revenue vs Sascha Clemens Labudda application number 5/18 LM, the following publication was ordered for the purpose of service of the respondent Sascha Clemens Labudda (ID 72672A) in terms of Article 187(3) et sequitur of Cap. 12. 

By means of an Application, filed, in the First Hall Civil Court, in the names Comissioner for Revenue vs Sascha Clemens Labudda (ID 72672A) on the 3rd January, 2018, the applicant Commissioner for Revenue, respectfully pleaded:

That Council Directive No. 2010/24/UE of the 16th March, 2010, regarding Reciprocal Assistance for the Recovery of Claims related to Taxes, Duties and Other Measures is implemented and subject to the laws of Malta by means of the Order of 2012, regarding Reciprocal Assistance for the Recovery of Claims related to Taxes, Duties and Other Measures (Legal Notice No. 153 of the year 2012).

That in virtue of this order and this Directive, the Commissioner for Revenue on behalf of the Ministry for Finance, as the competent Authority in Malta, is given the authority so that when there is a valid claim by a Member State of the European Union there can be recovered the tax due to that Member State when such person which has that debt is present in Malta;

That according to the same Order and Directive such claim by a Member State shall be considered as if it were a claim for civil debt due to the Government of Malta and that the competent authority in Malta is competent to recover;

That the respondent company was indicated by the competent authority in Germany, a member of the European Union, as a person which owes the amount of forty-two thousand six hundred fifty-five euro and seven cents (€42,655.07) and this as results from the instrument attached with this application as Doc. A together with interests, according to the laws of Malta, due by the respondent company from the date of service of this application till the date of effective payment;

That the interpellant is satisfied that as regards this request there were observed all the relevant requirements of the Directive above mantioned;

That the respondent is indicated as being present and/ or having an address in Malta and thus the applicant has the right to collect from him the global amount above mentioned on behalf of the competent authority of the member country of the European Union above mentioned.

That according to the Order and Directive above mentioned this Court is given the authority and the obligation to register the documents attached with this application and those documents as soon as this is done constitute an executive title, as well as notify the respondent company with this application and the documents annexed with it.

Thus, the applicant according to the powers given in terms of the Directive above mentioned, respectfully prays that this Honourable Court, in the first place order the registration of the documents attached with this application as official copy so that the same documents constitute an executive title and in the second place order that a copy of this application and the documents attached with it be notified to the respondent company according to the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and these documents were a judicial act.

Applicant: Centre Point Building, Triq Ta’ Paris, Birkirkara

Respondent: 1) 115T, Triq Zekka, Valletta

2) Highrise, Apt 8, Triq l-Imġiebaħ St Paul’s Bay

The application in the names Commissioner for Revenue vs Labudda Sascha Clemens, Application number 5/18 LM, has been deferred to the 15th May 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Michelle Pisani (ID 207678M) filed an application under oath (number 92/18RGM) demanding Corrections in her own Act of Birth bearing number 2076/1978, in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Superior Jurisdiction) on the 26th March, 2018, in the records of the application in the names Christopher D’Amato vs Maria Vella et,Application number 20/2017, the following publication was ordered for the purpose of service of the respondent Maria Vella (ID 108879M) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal (Superior Jurisdiction) in the names Christopher D’Amato (ID 86576M) vs Maria Vella (ID 108879M) on the 8th March, 2017, the applicant Christopher D’Amato (ID 86576M) respectfully pleaded:

That the parties are both domiciled and resident in Malta;

That the parties were married by Catholic rite on the 22nd June of the year 2002, in the church of San Sebastian, Ħal Qormi, as results, from the certificate of their marriage issued by the Public Registry of Malta, Doc. A;

That their marriage was duly annulled in force of the judgement given by th Metropolitan Tribunal of Malta, on the 31st October, 2012, which judgement was duly published on the 7th Novembru of the year 2012 as results from the judgement annexed Doc. B;

That the said judgement was ratified by the Regional Tribunal of Second Instance, on the 17th January of the year 2014, as results from Doc. C;

That the applicant is also attaching the executive decree given by the Hall of the Regional Tribunal of Second Instance on the 24th February 2017, as results from the attached Doc. D.

Thus, in view of the above, the applicant prays this Honourable Court:

1. To declare that the judgement given by the Metropolitan Tribunal of Malta on the 21st October of the year 2012 and published on the 7th November of the year 2012 and in virtue of which the marriage celebrated on the 22nd June of the year 2002, in the Church of Saint Sebastian , Ħal Qormi, be declared null and without effect, has effect at law and should be recognised as if it were a judgement given by the Maltese Civil Court and which became res judicata in the annulment of marriage between the parties on the basis of the reasons brought forward in the judgement mentioned in terms of the Canon Code 1684. 1;

2. Declare the judgement above mentioned as executable in Malta;

3. Register the said judgement in terms of Cap. 255 of the Laws of Malta;

4. Give every other provision it deems fit and opportune.

List of Documents

Applicant: ‘Desert Rose’, Triq Geraldu Farrugia, Ħaż-Żebbuġ, Malta

Notify. Clover Court, Flat 1, Triq Dun Manwel Zammit, Siġġiewi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 1/2018 – Perpetual General Interdiction

It is being notified that by judgement dated 12th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech, LLD), Compilation number 141/2018, in the case:

The Police 

(Inspector Anne Marie Xuereb)

Versus

Angelo Vella, 62 years, son of the late George and Rosa née Zammit, born in Mosta, Malta, on the 14th October, 1955, residing at number 15, Misraħ San Ġakbu, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 710655M.

The Court Ordered the perpetual general interdiction of the said Angelo Vella and this from judgement date according to Article 119 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.

DR JOHN SEYCHELL NAVARRO 

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

Assistant Registrar, Criminal Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 8th March, 2018, Application number 359/2018, by Raymond Saliba, Mary Vella, Emanuel Saliba, Joseph Saliba, Rita Psaila and Doris Saliba, whereby Giuseppe sive Joseph Saliba holding identity number 0014523M, aged 95, son of Generoso and Consiglia née Farrugia, born in Żejtun on the 13th December, 1922, and residing at home for the elderly in Ħ’Attard, was interdicted by means of a decree given on the 17th April, 2018.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

DKR 1/2018 – Perpetual General Interdiction

It is being notified that by judgement dated 26th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech, LLD), Compilation number 142/2018, in the case:

The Police 

(Inspector Anne Marie Xuereb)

Versus

Anthony Mercieca, 59 years, son of the late Lewis and Lorenza née Sciberras, born in Ħamrun, Malta, on the 13th July, 1958, residing at number 49, Triq San Ġużepp, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 536758M.

The Court Ordered the perpetual general interdiction of the said Anthony Mercieca and this from judgement date according to Article 119 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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Michelle Caruana (ID 170076M) filed an application under oath (number 46/17 AL) demanding Corrections the Act of Birth of the minor Faith Caruana number 903/2007 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

By a decree of the 6th 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 Bank of Valletta plc (C 2833) on the 28th February, 2018, the approval of the said judicial acts is being demanded for the amount of €15,000.00 following judicial sale by auction 56/07 in the names Bank of Valletta plc (C 2833) vs Alfred Vella et (ID 667661M), held under the Authority of the said Court on the 6th February, 2018.

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.

RUDOLPH MARMARÀ

For The Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 22nd February, 2018, in the records of the Sworn Application in the names Spiteri pro et noe vs Francine Spiteri, Application number 199/11 AL, the following publication was ordered for the purpose of service of the respondent Francine Spiteri, 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 records of the Application in the names Sandro Spiteri vs Francine Spiteri, Application number 199/11 AL, on the 16th January, 2018, the applicant Sandro Spiteri (ID 113175M) respectfully pleaded:

That he has the care and custody of his minor children  … omissis … and  … omissis …;

That these children do not have a passport;

That it is necessary that they have a passport even because they are losing educational tours even because  … omissis … is with the National Sports School which involves a lot of educational tours;

That as this Court knows well, there are big problems in order that the respondent be notified and during the cause she always tried to make the situation more difficult in order not to cooperate with the applicant;

That this results even from the records of the last application made by the applicant.

Thus, the applicant humbly prays this Honourable Court so that:

1. It orders the issuing of a passport on the minors  … omissis …  and  … omissis … who were born on the 12th May, 2005, without the necesity of the signature of the mother;

2.To order the Director of Passports to do all that is necessary so that such passport be made without the necessity that the mother gives any consent;

3. Order that these passports be open and valid for five (5) years according to law;

4. Order that such passport be renewed each time it is necessary without the necessity of the consent of the mother;

5. Order that the father is to hold this passport in his exclusive custody.

Saving any order provision it may deems to fix.

Applicant: Esmeralda, Triq il-Fabbriki, Xgħajra

Service: 53, Flat 1, Palm Street, Paola

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 12th day of April, 2018, and this after a written plea numbered 46/18, Ordered:

The correction of the Act of Death of Alfred Balzan, bearing number 869 of the year 2018, in the column entitled ‘Name and Surname’ the word ‘Montes’ is to be cancelled and in the colomn entitled ‘Name and surname of parents, and whether living or dead’, the words ‘Bom’ and ‘Promesh’ are to be cancelled and substitued with the words ‘Joseph Balzan and Pauline neè Xerri’; whilst in the colomn entitled ‘Identification document’, the identity card number ‘48640M’ is to be inserted and in the colomun entitled ‘Place of birth’, the locality ‘Cospicua’ is to be inserted.

JANET CALLEJA

F/Registrar, Court of Revision of Notarial Acts​