Court Notices published in the Government Gazette 20,187 of 14th May 2019
Bann for Curators
685Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 31st January, 2019, 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 Organisation and Civil Procedure.
Whereas by a decree dated the 31st January, 2019, in the records of the schedule of deposit and concurrent redemption of ground rent number 27/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Notary Anthony Hili as a mandatory of Anthony Vella (ID 30355G), retired, as authorised by virtue of a verbal prokura that he himself declares he has, versus deputy curator to represent the unknown person or persons entitled to receive the herein mentioned groundrent and this in the records of the schedule of deposit and concurrent redemption of ground rent, filed on the 31st January, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.
He respectfully premised:
That the applicant is the owner of a portion of land situated at Żebbuġ, Gozo, measuring circa one hundred and fifty square metres (150sqm) having its frontage overlooking Trejqa tal-Andar, and bounded from the North East with Trejqa tal-Andar, from the South East with property of Frankie Formosa and from the North West with property of Anthony Vella or his successors in title, or more correct boundaries, deriving to him in part from the succession of his father Victor Vella and in part from his mother Marianna Vella by virtue of a deed of donation enrolled in the records of Notary Paul George Pisani of the nineteenth (19th) of August, two thousand and three (2003).
That the said land is subject to the payment of annual perpetual non-revisable ground rent amounting to nine euro cents (€0.09).
That originally the said land formed part of a larger portion of land known as “Tal-Baxx” having a total area of approximately one tumolo and five mondelli as acquired by Vittorio (the applicant’s father) and Luigi, brothers Vella, by onerous title by virtue of a deed enrolled in the records of Notary Francesco Gauci of the twenty-fourth (24th) of August of the year one thousand nine hundred and forty (1940).
That by virtue of a deed of partition enrolled in the records of Notary Antonio Galea of the ninth (9th) of September of the year one thousand nine hundred and forty-one (1941), to the said Vittorio Vella was assigned a divided portion of the said land measuring circa five mondelli and two and a half misure subject to the payment of five shillings annual and perpetual ground rent.
That the applicant wishes to avail himself of the faculty given to him by law and redeem this ground rent in terms of Article thousand five hundred and one (1501) of the Civil Code, Cap. 16 of the Laws of Malta.
That the annual and perpetual ground rent amounting to nine euro cents (€0.09) capitalised at the rate of five per cent (5%) amounts to one euro and eighty cents (€1.80).
Thus, the applicant is redeeming this ground rent and thus is humbly calling upon this Honourable Court and under its authority for any purpose and effect of law in favour of the respondent nomine the sum of one euro and eighty cents (€1.80) representing the redemption of annual and perpetual ground rent and the sum of two euro and seventy cents (€2.70) representing thirty (30) installments of ground rent, which deposit can be freely withdrawn by whoever has such right on condition according to law after 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 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 Paul Coppini LLD, a Magistrate of the said Court.
DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals
Notice 686
686By a decree of the Courts of Magistrates (Malta), of 26th February, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on an application of Josephine Abela et it was ordered that Deputy Curators be selected to represent the unknown heirs of Emanuel J. sive Lino Aquilina and Francis Xavier Aquilina in acts of the schedule of deposit number 487/2019 and in other relative and subsequent acts where they requested:
That the predecessors in title of the applicants, Paolo and Josephine spouses Abela, rented from the respondents the half undivided share of the farmhouse with fields known as Ta’ Bejt il-Fenek in the limits of Ħad-Dingli with the rent of Lm4.75 equivalent to €11.06 per year payable in two installments on Saint Mary and Christmas of each year;
The applicants as the actual lessees have to give the respondents the relative agricultural rent for the installments due from the 16th August, 2015, till the 15th December, 2018, which rent from P.A.M. Ltd was not accepted without any valid reason at law, whilst the other rent due to respondents could not be paid because the heirs are unknown.
Thus, in order to exempt themselves of any responsibility, they are requesting this Court and under its authority are depositing the amount of €0.02 which together with €11.04 representing the costs of this application amounts to €11.06 so that this sum may be freely withdrawn by the respondent after leaving the receipt.
Depositors: 354, Triq il-Kbira, Mosta
Respondents: P.A.M. Limited, 2, Triq il-Konti R. Barbaro, Ħ’Attard
Curators
You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.
You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.
After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.
Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Gabriella Vella LLD, Doctor of Laws, Magistrate of the abovementioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Courts and Tribunals
Notice 687
687By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 27th July, 2018, Application number 1154/2018, by Jean Fallows whereby she prayed that it be declared open in her favour in its entirety the succession of Caroline Fallows, unmarried, daughter of the late David Fallows and Annie née Mugan, born in England and resided in Tas-Sliema and died in Tal-Qroqq, Msida on the 29th December, 2017, aged 77 and who held the identity card bearing number 0032238A.
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 and notices according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 688
688By means of a decree given by the Civil Court First Hall on the 10th April, 2019, in the records of the Sworn Application in the names Sansone Luigi A. Avukat Dr noe vs Cole Kenneth, Application number 258/19 MCH, the following publication was ordered for the purpose of service of the defendant Kenneth Cole, in terms of Article 187(3) et sequitur of Cap. 12.
By means of the Sworn Application filed in the First Hall Civil Court in the names Advocate Doctor Luigi A. Sansone (ID 258269M) as special mandatary of Starbucks Corporation, a foreign company organised under the laws of the State of Washington, in the United States of America, with registration number 600611109 and with an address of 2401, Utah Avenue South, Seattle 98134, Washinton, United States of America, vs Kenneth Cole (ID 647660M) and address of 15, Triq Sir Adrian Dingli, Tas-Sliema SLM 1906, Malta, on the 11th March, 2019, the applicant nomine humbly asked this Honourable Court:
1. To declare the registration in Malta of the trademark with registration number 56795 invalid due that it was registered in violation of Article four (4) subarticle one (1) paragraph (a) of the same Cap. 416.
2. Declare the registration in Malta of the trademark with number of registration 56795 invalid due that it was registered in violation of article four (4) subarticle three (3) of paragraph (b) of the same Cap. 416, and uphold the other demands in the application.
With costs of this instance against the defendant from now summoned so that a reference to his evidence be made.
The Sworn Application in the names Sansone Luigi A. Avukat Dr noe vs Cole Kenneth, Application Number 258/19 MCH, has been deferred to the 3rd June, 2019, at 8.30 a.m.
Applicant: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD nomine, Triq Melita, Valletta
Defendant: 15, Triq Sir Adrian Dingli, Tas-Sliema SLM 1906, Malta
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 689
689By means of a decree given by the Civil Court (Family Section) on the 22nd April, 2019, in the records of the Sworn Application in the names Micallef Kevin vs Micallef Elena, Sworn Application Number 324/18 JPG, the following publication was ordered for the purpose of service of the respondent Elena Micallef, 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 Kevin Micallef (ID 413989M) vs Elena Micallef (ID 286294M) on the 7th December, 2018, the applicant Kevin Micallef, who was admitted to the Benefit of Legal Aid, respectfully pleaded and asked this Honourable Court:
1. That the applicant had a relationship with the respondent and from this relationship there were born two children, Mariah Micallef and Kelvin Micallef (certificates annexed Doc. A and B).
2. That apart from these two children, there are two other children who were born from the relationship of the parties, named Sherona Micallef and Soraya Micallef (certificates annexed Doc. C and D respectively).
That in view of all that premised in this application, the applicant asked this Honourable Court:
1. To entrust the care and custody of the two minors Mariah Micallef and Kelvin Micallef exclusively to the applicant, in such a manner that he may apply for all that is necessary which regards the care and education of the minors as well as alone apply for the passport of the minors;
2. Order the respondent to pay maintenance for the minors Mariah Micallef and Kelvin Micallef according to law as shall be fixed by the same Honourable Court;
3. Order the respondent to pay maintenance for the minors Mariah Micallef and Kelvin Micallef according to law as shall be fixed by the same Honourable Court;
4. Order the respondent to pay adequate maintenance for the two minors mentioned, Soraya and Sharona Micallef, on the acknowledgement or confirmation that they are the applicant’s children.
With costs against the respondent from now summoned so that a reference to their evidence be made.
The Sworn Application in the names Micallef Kevin vs Micallef Elena, Application Number 3245/18 JPG, has been deferred for hearing to Monday, 10th June, 2019, at 9.30 a.m.
Applicant: 33, Triq il-Vittorja, Ħamrun
Respondent: 152, Triq il-Wied, Msida
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 690
690By a decree given on 23rd April, 2019, 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 Organisation and Civil Procedure (Chapter 12).
By the application filed in the Civil Court First Hall on the 15th February, 2019, by Peter Paul Cutajar (ID 195660M), Judicial Sales number 7/19, in the names Peter Paul Cutajar vs Rosario Carabott et it is being asked that the Court orders the sale by auction of the:
1. Apartment internally numbered seven (7) situated on the third (3rd) floor level of the block unofficialy numbered letter A, Ħal Warda Residences, Triq Ħal Warda, Ħ’Attard, the roof and overlying airspace of the same block, with the right of use of the common parts of the block with all its rights and appurtenances including any rights and interests of the debtor as per contract of the twenty-third (23) of August of year two thousand and twelve (2012) in the records of Notary Dottor Tonio Cauchi. The block is bounded on the North and South by Property Exchange Limited or its successors in title and on the East by private road that abuts onto Triq Ħal Warda, Ħ’ Attard.
2. Lock-up garage unofficially numbered twenty-three (23) situated in a complex of garages underlying the development of which the apartment forms part as described above apartments which garage complex has its main entrance abutting onto Triq Xatbet l-Art, Ħ’Attard. The said garage is bounded on the North, South, East and West by property of Property Exchange Limited or their successors in title with the right of use all the common parts of the complex of garages including the main entrance, ramps, stairs and stairwell, driveways and other service, installations, plant equipment and electric system, meters which are principally intended for common use or benefit of the lock-up garages situated in the garage complex.
The said property belongs to Rosario Carabott (ID 678946M) and Maria Carabott (ID 651949M).
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 691
691By a decree of the Courts of Magistrates (Malta), of 5th April, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on an application of Central Landmark Development Limited it was ordered that Deputy Curators be selected to represent the unknown heirs in acts of the schedule of deposit number 808/2019 and in other relative and subsequent acts where they requested:
That the applicant company is the owner of the premises named Joe today holding number 49, in Triq Sir Patrick Steward, previously Triq Steward, Gżira;
And as these premises are subject to the annual and perpetual groundrent of €4.66 that has to be paid to the unknown owners on behalf of the applicants;
By this present the applicants are paying twelve years arrears in the amount of €55.92;
Thus, they are requesting this Court and under its authority are depositing the amount of €55.92 representing arrears of groundrent so that they may be freely withdrawn by the respondents and by who has a right to them after leaving the relative receipt according to law.
Depositors: Testaferrata Street, Ta’ Xbiex
Respondents: Deputy Curators
Service: Director Public Registry, 197, Triq il-Merkanti, Valletta VLT 1172
Director Lands Registry
You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.
You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.
After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.
Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Rachel Montebello LLD, Doctor of Laws, Magistrate of the abovementioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Courts and Tribunals
Notice 692
692By a decree of the 8th April, 2019, given by the Courts of Magistrates (Malta), 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 Go plc (C 22334) on the 8th March, 2018, is asking for the withdrawal of the amount of €4886.89 by Go p.l.c. deposited by the Schedule of deposit number 328/2018 in the names of:
Mobisle Communications Limited (C 24655) vs Sami Bouslama (ID 250492M)
The Court ordered the notification of this application with ten (10) days for filing a reply.
MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals
Bann for Curators
693Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 16th April, 2019, 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 April 2019 in the records of the schedule of deposit and concurrent redemption of ground rent number 78/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Paul Azzopardi, contractor, bearer of identity card number 39956G and his wife Rita Azzopardi, a housewife, bearer of identity card number 51556G, versus nominated Deputy Curator to represent the unknown landlord of the divided portion of land known as ‘Tal-Magħqad’, limits of Xagħra, Gozo, measuring circa three hundred (300) square meters, bordering South with property of spouses Azzopardi, North and West with property of the family known as ‘Ta’ Sopu’ and East with property of the family Attard, subject of this schedule of redemption to receive the herein mentioned ground rent, and this in the records of the schedule of deposit and concurrent redemption of ground rent, filed on the 12th April, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.
Respectfully premised:
That in virtue of a deed in the records of Notary Dr Kristen Dimech, dated twenty ninth (29th) August of the year two thousand and fourteen (2014), herein annexed as document A, they acquired the portion of land in the area known as ‘Tal-Magħqad’, in the limits of Xagħra, Gozo, measuring circa three hundred (300) square meters, bordering South with property of spouses Azzopardi, North and West with property of the family known as ‘Ta’ Sopu’ and East with property of the family Attard, as better shown on the site plan herein annexed as document B;
That this portion of land is subject to an annual and perpetual groundrent of seven and a half pence equivalent to three cents of the Maltese lira (Lm0.03) and to seven euro cents (€0.07), and this as results from the acquisition dated sixth (6th) June, one thousand nine hundred and forty-seven (1947) in the records of Notary Dr Francesco Gauci, herein annexed as document C;
That the applicants wish to avail themselves of the right afforded to them in article one thousand five hundred and one (1501) of the Civil Code and redeem this said groundrent;
That the sum of seven euro cents (€0.07) capitalised at the rate of five percent (5%) amounts to one euro and forty cents (€1.40);
That the applicants also wish to deposit the payment of the groundrent for the last five years, that is the amount of thirty-five euro cents (€0.35).
Therefore, in view of the above, the applicants hereby respectfully ask this Honorable Court and under its authority hereby deposit in favour of the respondents the total sum of one euro and seventy-five cents (€1.75), and this so that this total sum can be freely withdrawn by the same respondents after tendering due receipt according to Law.
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 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 B. A Mag. Jur (Eur. Law), LLD, a Magistrate of the said Court.
Superior Jurisdiction, General Section
DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals
Notice 694
694By a decree of the Small Claims Tribunal of the 29th August, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st August, 2018, whereby they asked the Tribunal to condemn Ingram Carla-Jo (ID 156765A) of Crystal Court, Block B, Flat 9, Triq in-Naħal, Mellieħa, to pay the plaintiff company the sum of €1761.69 which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 385/18AM) is deferred on the 30th May, 2019, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 695
695By a decree of the Civil Court of Voluntary Jurisdiction Section, of the 5th April, 2019, 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 by Donald Camilleri (ID 0488672M) and Daniel Camilleri (ID 272383M) whereby they pleaded that:
The applicants are the sons of Maryann Camilleri (ID 157847M) residing at Lion Heart, Triq il-Buttuniera, Marsaskala.
That as a result of her condition as stated in the medical certificate of Psychiatrist Dr Beppe Micallef Trigona, Doc. FG1, the same Maryanne Camilleri “lacks the capacity to manage her financial affairs, write a will or grant power of attorney, due to an impairment of the functioning of her mind”. Today their father has died and the only children are the applicants and their brother Neville Camilleri (ID 462776M).
The applicants’ mother is presently under care at Karin Grech Hospital.
Due to the condition and the situation of Maryanne Camilleri, the applicants wish that the same Maryanne Camilleri be declared incapacitated in terms of Article 189 of the Civil Code and article 520 of the Code of Organisation and Civil Procedure.
The applicants wish that this Honourable Court appoints a person as curator of Maryanne Camilleri when and if this Honourable Court wishes to uphold their request so that Maryanne Camilleri be declared incapacitated.
The applicants wish that this Honourable Court does not appoint anyone of Maryanne Camilleri’s children as her curator and this since at present there are some disputes between them and to avoid further litigation in the future.
As far as the applicants know, their mother is the owner of her residence, and also has other income from leases but they do not have any further information about these and they have no means of getting to know.
Thus, in view of the above the applicants humbly request this Honourable Court to:
1. Declare Maryanne Camilleri as incapacitated;
2. Nominate a curator to administer the assets of the same Maryanne Camilleri and to take care of her interests.
And this under the provisions that this Honourable Court deems fit and opportune.
Applicants:
Donald Camilleri, 62, Sandale, Triq il-Magħluq, Marsascala
Daniel Camilleri, Henryann, Flat 1, Triq il-Buttuniera, Marsascala
Service:
Neville Camilleri, Lion Heart, Triq il-Buttuniera, Marsascala
Civil Court of Voluntary Jurisdiction Section
Honourable Madam Justice Dr Lorraine Schembri Orland LLD
Application Number 895/17
The Court,
Saw the application of the applicants of the 1st March, 2018;
In the circumstances nominates Anthony Zahra at the applicants’ costs to examine Maryanne Camilleri and to report regarding her capacity;
Orders the applicants to exibit a sworn family tree and notify with this application the relations of the interdicted who reside in Malta who have twenty (20) days to reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 696
696It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty-fourth (24th) of April, 2019 (Decree number: 37/2019JVC following application number 17/2019JVC) Miriam Cutajar, unemployed, spinster, daughter of the late George Cutajar and Angela Cutajar née Azzopardi, born in Rabat, Gozo and residing in Xagħra, Gozo, holder of identity card number 13560G, has been confirmed incapacitated from all acts of civil life.
Saviour Cutajar, maintenance worker, son of the late George Cutajar and Angela Cutajar née Azzopardi, born in Rabat, Gozo and resides in Xagħra, Gozo, holder of identity card number 2572G, and Doreen Cassar, nursing aide, son of the late George Cutajar and Angela Cutajar née Azzopardi, born in Rabat, Gozo and resides in Għarb, Gozo, holder of identity card number 8670G, have been nominated as her curators by virtue of the said decree.
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
Notice 697
697By a decree of the Small Claims Tribunal of 20th December, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Bertrand Magro (ID 36870M) carrying on trade under the name Playcraft, of Unit 30, Ħal Luqa Industrial Estate, Ħal Luqa, filed a Claim on the 22nd November, 2018 whereby they asked the Tribunal to condemn the commercial company R.O.S.S. Malta Limited (C 55189) of Vault 14, Level 2, Valletta Waterfront, Floriana FRN 1912, to pay the plaintiff company the sum of €1758.22 which amount is due to the plaintiff.
With costs and legal interest
The case (Claim Number 540/18AM) is deferred on the 21st May, 2019, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 698
698By means of a decree of the 23rd March, 2018, of the Rent Regulation Board, in the records of the Application in the names Karl Buttigieg et vs Censu Collection Company Ltd et, Application Number 162/2017JD, the following publication was ordered for the purpose of effecting service on the respondent companies Censu Collection Company Ltd and Lifetime Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Karl Buttigieg (ID 13361M) and the company Bullet Company Ltd vs Censu Collection Company Ltd and Lifetime Ltd filed before the Rent Regulation Board on the 30th November, 2017, the applicants Karl Buttigieg et request with respect:
The applicant Karl Buttigieg, owner of the premises number 6, Triq Santa Rita, Paceville, through the company Bullet Company Ltd granted by title of lease the premises abovementioned in favour of the respondent company Censu Collection Ltd. The relative lease was regulated by means of two agreements, copies of which are here attached (Document A and B).
That the rent for the premises was established at a total of €11,900 per year, revisable according to the agreements abovementioned.
Subsequently the company Censu Collection Company Limited assigned the lease of the same premises to the other respondent company Lifetime Ltd, and the rent started being paid by the latter company.
According to the aforementioned lease agreements it results that:
i. Whilst the lessee can sublet the premises or give the lease to third parties, he has to notify the owner in advance; and
ii. The electricity and water consumption of the premises has to be paid by the respondent.
As a fact it results that:
a) The company Lifetime Limited passed on the said premises to third parties without any advance notice; and
b) There are substantial water and electricity arrears for water and electricity used in the premises.
Therefore, the applicants request this Board to order the termination of the lease of the premises abovementioned, as it will be explained, and consequently the eviction of the respondent within a short and peremptory period that the Board will fix, with all the costs and reserving the rights of any other action for compensation of damages caused.
Applicants: Razzett ta’ Samwel, Tal-Ħmieri, Siġġiewi
Respondents: Censu Collection Co. Ltd, 31, Spencer Hill, Marsa
Lifetime Ltd, c/o Luke Chetcuti, The Penthouse, Carolina Court, Triq Ġużeppi Calì, Ta’ Xbiex
The application in the names Karl Buttigieg et vs Censu Collection Company Ltd et, Application Number 161/2017JD, has been postponed for hearing to the 27th May, 2019, at 9.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 699
699By means of a decree of the 4th March, 2019, of the Partition of Inheritance Tribunal in the records of the Application in the names Mary Mifsud et vs Carmelo Schembri et, Application Number 1/2019, the following publication was ordered for the purpose of effecting service on the respondents Carmelo sive Charles Schembri and Francis sive Frank Schembri in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application number 1/2019 in the names Mary Mifsud, wife of John (ID 458951M) and Joseph Schembri (ID 435060M) vs Carmelo sive Charles Schembri (ID 419452M) and Francis sive Frank Schembri (ID 599257M) filed before the Partition of Inheritance Tribunal on the 4th February, 2019, the applicants Mary Mifsud (ID 458951M) and Joseph Schembri (ID 435060M) requested with respect and Mary Mifsud confirmed on oath whereby they requested that this Tribunal:
1. Liquidates the hereditary assets of spouses Anthony and Antonia Schembri, both those forming part of their particular assets which will be declared to consist in such assets during the hearing of this application;
2. Divides the hereditary assets as so established in four equal shares and this with the appointment of architects as necessary and orders the assignment of each such divided share to every party in the case who are all equal heirs, by lots;
3. Nonimates a Notary for the publication of the deed of division on the day, time and place to be established by this Tribunal and deputy curators to represent those who do not appear.
With costs against the respondents who from now are summoned so that evidence to their oath be made
Applicants:
Mary Mifsud, Jeanmar, Triq tal-Barrani, Ħal Tarxien
Joseph Schembri, La Pergola, Triq ir-Raħeb, Ħal Tarxien
Notification:
Francis Schembri (ID 599257M), Madalena, Triq il-Madliena, Madliena, Swieqi
Carmelo Schembri (ID 419495M), 40, Dingli Court, Flat 14, Triq Howard, Tas-Sliema
The application in the names Mary Mifsud et vs Carmelo Schembri et, Application Number 1/2019JE, has been postponed for hearing to the 21st May, 2019, at 12.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 700
700By means of a decree of the 3rd April, 2019, in the records of the judicial letter number 465/19 in the names Adam Brimmer vs Joseph Zammit, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Joseph Zammit in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To
Joseph Zammit (ID 353580M) of Palm Court, Flat 1, Triq Sir Harry Luke, Mġarr, Malta
By means of this present Adam Brimmer (ID 433280M) of Iris, Flat 2, Triq Dun Karm Psaila, Ħaż-Żebbuġ whilst making reference to the constitution of debt deed in the records of Notary Dr Analise Micallef of the 3rd April, 2018, where you constituted yourself true, certain and liquid debtor of the interpellant for the sum of €49,855 and whilst making reference to the monthly payments that you had to make in terms of the same contract, solicits you so that within one week from the date of this letter you pay the said amount of €49,855 and this because although you obliged yourself to pay the said monthly payments, you remained in default and did not pay, and as a consequence you have lost the benefit of time granted to you.
In default of payment of the said amount within the time given, the opportune judicial procedures would be filed against you, including the issuing of the opportune warrants without further notice.
With costs and legal interest till the date of effective payment
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 701
701By a decree given on 23rd April, 2019, 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 Organisation and Civil Procedure (Chapter 12).
By the application filed in the Civil Court First Hall on the 15th February, 2019, by Gaba Diamonds Company Limited, Judicial Sales number 6/19, in the names Gaba Diamonds Company Limited vs Rosario Carabott et, it is being asked that the Court orders the sale by auction of the four portions of divided land limits of Ħaż-Żebbuġ, Malta known as Ta’ Ħabel Bellu sive Ta’ Djar iż-Żara:
1. A portion measuring approximately thirty-two thousand square metres (32,000 m²) bounded by an adjacent road from Ħaż-Żebbuġ to Rabat known as Tat-Tiġrija, on the West by Sqaq taċ-Ċawla other times known as Ta’ Sant’Agnese, and on the South by property of C. Zammit Gauci and Diegu Xuereb or their successors in title indicated as plot number one (1).
2. A portion measuring approximately thirty-two thousand square metres (32,000 m²) bounded on the North by an adjacent road from Ħaż-Żebbuġ to Rabat, on the West by plot number one (1) and on the South by property of the Government of Malta indicated as plot number two (2).
3. A portion measuring approximately thirty-two thousand square metres (32,000 m²) bounded on the North by an adjacent road from Ħaż-Żebbuġ to Rabat, West by plot number two (2) and on the South in part by property of the Government of Malta and in part by a valley, indicated as plot number three (3).
4. A portion measuring approximately thirty-two thousand square metres (32,000 m²) bounded on the North by an adjacent road from Ħaż-Żebbuġ to Rabat, on the West by plot number three (3), on the East by a valley and on the South by property of the Government of Malta indicated as plot number four (4).
5. Apartment internally numbered seven (7) situated on the third (3rd) floor level of the block unofficialy numbered letter A, Ħal Warda Residences, Triq Ħal Warda, Ħ’Attard, the roof and overlying airspace of the same block, with the right of use of the common parts of the block with all its rights and appurtenances including any rights and interests of the debtor as per contract of the twenty-third (23) of August of year two thousand and twelve (2012) in the records of Notary Dottor Tonio Cauchi. The block is bounded on the North and South by Property Exchange Limited or its successors in title and on the East by private road that abuts onto Triq Ħal Warda, Ħ’Attard.
6. Lock-up garage unofficially numbered twenty-three (23) situated in a complex of garages underlying the development of which the apartment forms part as described above apartments which garage complex has its main entrance abutting onto Triq Xatbet l-Art, Ħ’Attard. The said garage is bounded on the North, South, East and West by property Property Exchange Limited or their successors in title with the right of use all the common parts of the complex of garages including the main entrance, ramps, stairs and stairwell, driveways and other service, installations, plant equipment and electric system, meters which are principally intended for common use or benefit of the lock-up garages situated in the garage complex.
The said property belongs to Rosario Carabott (ID 678946M) and Maria Carabott (ID 651949M), Louis Jewellery Limited (C 28459) and Louis Leisure Complex Limited (C 11911).
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 702
702By a decree of the Small Claims Tribunal of the 10th December, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Pullicin Developers Ltd (C 40807) of Pullicino House, Plot 104, Triq Ħal Mula, Ħaż-Żebbuġ, Malta, filed a Claim on the 7th December, 2018, whereby they asked the Tribunal to condemn Casabene Ltd of 80, Triq ir-Repubblika, Valletta, to pay the plaintiff company the sum of €401.20 which amount is due to the plaintiff company.
With costs and interests
The case (Claim Number 567/18KCX) is deferred on the 28th May, 2019, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
703Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 22nd April, 2019, following a request by Alfred Buhagiar it was ordered that deputy curators be chosen to represent the unknown owner or owners in the acts of the schedule of deposit number 735/2019 in the names Alfred Buhagiar vs Joe Muscat pro et noe and deputy curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Alfred Buhagiar (ID 282548M), son of Anthony and Paola née Gatt, born in Msida on the 8th March, 1948, vs Joe Muscat (ID 270057M), son of Francis Xavier and Maria Carmela née Attard, born in Tas-Sliema on the 24th March, 1957, in his own name and on behalf of his sisters Maria Muscat (ID 226856M), born in Tas-Sliema on the 20th March, 1956, and of Anne Muscat (ID 373659M), born in Tas-Sliema on the 10th May, 1959, and Deputy curators to represent the unknown owner or owners, filed in the First Hall of the Civil Court on 16th April, 2019, the applicant Alfred Buhagiar respectfully submitted:
That the applicant is the owner of the premises that is house without official number but named Redentur, in Triq Oscar Zammit, Msida, which house was built on a portion of land number 4 forming part of the land called as Tal-Fatati in Msida. The same premises are better described on the site plan here attached and marked as Doc. AF1;
That the applicant acquired the premises de quo and that is a portion of land number 4 by means of a deed of sale in the records of Notary Maurice Gambin dated 19th February, 1984, a copy of which is attached and marked as Doc. AF2;
That, also, these premises are subject to the annual and perpetual sub-groundrent of Lm43 equivalent to €100.16, payable to the respondent Joe Muscat because this sub-groundrent was imposed by the father of the respondents germani Muscat, and that is Francesco Saverio Muscat by means of deed of sub-emphyteusis in the records of Notary Joseph Agius dated 29th February, 1980, a copy of which is attached and marked as Doc. AF3. And also, the same premises are subject to the rate of the original annual and perpetual groundrent of Lm0.03 equivalent to €0.07;
The applicants wish to avail themselves of the option that they have in terms of Article 1501 of the Civil Code and redeem the same groundrent and sub-groundrent;
That whilst the sub-groundrent is being paid to the respondent Muscat, as shown in the last receipt here attached and marked as Doc. AF4, the identity of the other owners of the original groundrent is unknown to the applicants and thus the sum of €0.07 representing the original groundrent is not being paid;
That consequently with this schedule of deposit, the applicants are filing an application for the appointment of deputy curators to represent the interest of the unknown owners;
The annual and perpetual groundrent of €100.16 together with the sub-groundrent of €0.07 capitalised at the rate of 5% amounts to €2,004.60;
The applicants wish to pay 5 years of the original groundrent and that is the sum of €0.35.
Thus, in order to exempt themselves of any responsibility, they are requesting this Honourable Court and under its authority are depositing the total amount of €2,004.95 which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.
Depositor:
Alfred Buhagiar, Redentur, Triq Oscar Zammit, Msida
Service:
Joe Muscat, 30, Triq il-Merkanti, Valletta
Deputy curators
Director Public Registry, Triq id-Dejqa, 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, abovementioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 704
704By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 659/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Marlon Bonello, the following publication was ordered for the purpose of effecting service on the respondent Marlon Bonello in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
Today15th March, 2017
To Marlon Bonello (ID 25783M) of Nejder Crt, Marvic, Triq Nejder, Ħal Kirkop
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €5,066.11, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law which amount consist of the following:
i. As for bill number 4110000019605 in the amount of €1,866.93 for the premises Flat 9, Magdalene Court, Msida Valley; and
ii. As for bill number 411000048229 in the amount of €3,199.18 for the premises Flat 10, Nejder Court, Triq Nejder, Ħal Kirkop
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 705
705By means of a decree given by the First Hall (Constitutional Jurisdiction) on the 25th April, 2019, in the records of the Application Number 131/18 RGM, in the names Attard Filippa sive Phyllis vs Attorney General et, the following publication was ordered for the purpose of service of the respondents Innocent Farrugia and Maria Farrugia, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, presented in the First Hall (Constitutional Jurisdiction), Application Number 131/18 RGM, in the names Filippa sive Phyllis Attard (ID 163660M) of 1, Triq Raffaele Caruana, Ħal Kirkop, vs Attorney General, The Palace, Valletta, Innocenzo (ID 514559M) and Mary (ID 749958M) spouses Farrugia, 34, Triq San Leonardu, Ħal Kirkop on the 19th December, 2018, the applicant Filippa sive Phyllis Attard (ID 163660M) respectfully pleaded:
1. That by means of a contract of a temporary emphyteutical concession of the 22nd January, 1987, in the records of Notary Doctor Carmelo Mangion hereby annexed and marked Document A, the interpellant’s father and his sister Catherine Farrugia had granted by title of temporary emphyteusis to the respondent Innocenzo and Mary spouses Farrugia the premises or rather house number 34 previously 32, Triq San Leonardu, Ħal Kirkop and this towards the annual and perpetual sub-groundrent of Lm96 yearly payable every six months in advance.
2. That this emphyteutical concession lapsed on the 22nd January, 2009, but in terms of Article 12 of Cap. 158 of the Laws of Malta, the respondent spouses Farrugia, once they were Maltese citizens and ordinarily resident in the premises in question still continued to live in the premises under title of lease in terms of the same Act XX111 of 1979.
… omissis …
5. That as already stated at the termination of the temporary emphyteutical concession, the respondent spouses Farrugia continued to occupy the premises in question by title of lease with the protection given to them by Act XX111 of 1979 or rather Article 12 of Cap. 158 of the Laws of Malta.
… omissis …
Thus, the applicants respectfully pray that this Honourable Court saving any necessary and opportune declaration and for the reasons premised the respondents are to state why it should not:
1. Declare and decide that as regards the applicant the operations of Article 12, particularly the Article 12(2) of Cap. 158 of the Laws of Malta, as amended by Act XX111 of 1979, and the operation of the current laws giving the right of renewal to the spouses Farrugia of the premises 34 previously 32, Triq San Leonardu, Ħal Kirkop and render it impossible to the applicants to take back possession of their premises and uphold the other demands in the application amongst which the liquidation and compensation of pecuniary and non-pecuniary damages as suffered by the applicant in terms of Article 41 of the European Convention.
5. Condemn the respondent Attorney General to pay the same compensation and damages liquidated.
The Application in the names Attard Filippa sive Phyllis vs Attorney General et, Application Number 131/18 RGM, has been deferred for hearing to the 4th June, 2019 at 9.15 a.m.
Notify: Innocenzo Farrugia and Mary Farrugia, 34, Triq San Leonardu, Ħal Kirkop
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 706
706By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd April, 2019, Application number 580/2019, by Sebastiana Attard whereby she prayed that it be declared open in her favour in its entirety the succession of her husband Joseph Attard, son of the late Geraldo Attard and Loreta née Farrugia, born in Ħaż-Żebbuġ, Malta, resided in Ħaż-Żebbuġ, Malta and died in Ħaż-Żebbuġ on the 17th January, 2019, aged 68, who held identity card number 280450M.
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 and notices according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Cout and Tribunals
Notice 707
707By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd April, 2019, Application number 574/2019, by Rosemarie Camilleri whereby she prayed that it be declared open in favour of Joseph, Emanuel, Rosemarie Camilleri and Isabelle Fenech Gonzaga all brothers and sisters Buhagiar in the quota of one fourth (1/4) undivided share each one of them the succession of their mother Maria Carmela Buhagiar née Attard, widow of Joseph Buhagiar, daughter of the late Joseph Attard and Maria née Piscopo, born in Birgu, resided in Birkirkara and died in Tal-Qroqq, Msida on the 7th August, 2018, aged 89, who held identity card number 510529M.
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 and notices according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 708
708By means of a decree given by the Civil Court (Family Section) on the 9th April, 2019, in the records of the Sworn Application in the names Fiorini Mary Rose vs Fiorini John, Application Number 493/18 JPG, the following publication was ordered for the purpose of service of the respondent John Fiorini, 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 Mary Rose Fiorini (ID 42347G) vs John Fiorini (ID 52141G) on the 5th November, 2018, the applicant Mary Rose Fiorini (ID 42347G) asked this Honourable Court:
1. To order that the marriage contracted between the applicant and the respondent on the tenth (10) of October, 1975, in the Cathedral of Mdina, be dissolved and uphold the other demands in the application.
The Sworn Application in the names Fiorini Mary Rose vs Fiorini John, Application Number 4393/18 JPG, has been deferred for hearing to Wednesday, 12th June, 2019, at 9.45 a.m.
Respondent: Plot 6, Casa Fiorini, Triq iċ-Ċimterju, Ħaż-Żabbar ZBR 3257
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 709
709By a decree of the Court of Magistrates (Malta) of the 7th March, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
AIL Limited (C 11156) of Paramount Garages, Triq il-Kostituzzjoni, Mosta filed a claim on the 27th April, 2018, whereby they asked the Court to condemn Anthony Vella as President and Trevor Vella as Secretary of the Mellieħa Fireworks Committee, Mellieħa, to pay the plaintiff company the sum of €9,432.80 which amount is due to the plaintiff company.
With costs and legal interests
The case (Notice Number 104/18SG) is deferred to the 23rd May, 2019, at 9.30 a.m.
Notification: Anthony Vella as President of the Mellieħa Fireworks Committee, of 243, Triq il-Fortizza, Mellieħa
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 710
710By means of a decree of the 22nd January, 2019, of the Civil Court First Hall in the records of judicial letter number 10/2019, in the names Commissioner for Revenue vs David Lauri pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To David Lauri (ID 164777M) in his own name and also as director for and on behalf of the company Fashion Retailers Limited of Flat 9, Imperial Apartments, Triq Depiro, Tas-Sliema
By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €363,056.62 representing the amount due by you pro et noe as Value Added Tax according to the same act.
With costs and interest according to the said Act XXIII of 1998 till the date of effective payment
This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.
In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.
So much so that you may know how to proceed and to regularise your position.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 711
711By means of a decree, given by the First Hall Civil Court, on the 22nd January, 2019, in the records of the Application in the names Commissioner for Revenue vs Millenium Arrow Limited (C 64154) application number 141/18 AF, the following publication was ordered for the purpose of service of the respondent company Millenium Arrow Limited, 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 Commissioner for Revenue vs Millenium Arrow Limited (C 46154) on the 20th February, 2018, the applicant Commissioner for Revenue respectfully pleaded:
That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;
That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;
That in terms of the mentioned Directive, the Italian competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible for Finance, so that the applicant recovers tax that is owed to the applicant authority;
That the respondent company owes tax to the Italian applicant authority in the amount of one hundred and twenty-four thousand, eight hundred and sixty-eight euro and 46 cents (€124,868.46), as results from the Uniform Enforcement Instruments here attached and marked as Doc. A, Doc. B, Doc. C, Doc. D and Doc. E together with interest due by law;
That the respondent company has been indicated as being registered in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;
That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;
That, furthermore, the respondent company has a right to a translation of same documents into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. F to inform the respondent company that it may request the mentioned translation within seven (7) days of service of same document.
To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A, Doc. B, Doc. C, Doc. D, Doc. E and Doc. F to be served upon the respondent company according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A, Doc. B, Doc. C, Doc. D and Doc. E as official copy, such that said document constitutes executive title.
List of Documents:
Doc. A to Doc. E - ‘Uniform Enforcement Instrument’ issued by the requesting authority of Italy
Doc. F - Document that informs the respondent company of its right to request a translation of documerntrs annexed here
Applicant:
Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170
Respondent:
1. Leicester Court Suite 2, Triq Edgar Bernard, Gżira GZR 1702
2. Regional Building, Level 4, Triq Mikiel Anton Vassalli, Msida
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals