Court Notices published in the Government Gazette 20,195 of 24th May 2019

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 24th August, 2018, following a request by Richard Caruana it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 1564/2018 in the names Richard Caruana vs 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 Richard Caruana, carpenter (ID9357M), son of Carmelo and Angela née Camilleri, born in Marsa and residing in San Pawl il-Baħar vs Deputy curators to represent the unknown owners on the 22nd August, 2018, the applicant Richard Caruana respectfully submitted:

That the applicant is the owner of the garage number 6, Floor 2, in Triq l-Aħwa Zammit, Ħal Qormi, as subject to the annual and perpetual ground rent of Lm5 equivalent to €11.65;

The applicant acquired the said property by means of a deed of the 12th December, 1992, in the records of Dr Anthony Abela (a copy attached and marked as Doc. A);

As it results from the deed here attached the applicant cannot establish who are the owners of the ground rent;

The applicant is depositing the sum of €23.30 which sum represents the ground rent for the last two years that is the year 2017 and the year 2018;

That the sum of Lm5 equivalent to €11.65 representing the ground rent due capitalised at the rate of 5% amounts to €233.

Thus, in force of Article 1501 of Cap. 16 of the Laws of Malta, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of ground rent amounting to €256.30 which amount may be freely withdrawn as mentioned by the respondents after leaving the relative receipt according to law.

Depositor: 

Park View, Fl. 3, Triq l-Indipendenza, San Pawl il-Baħar

Service: 

Director Public Registry, Triq id-Dejqa, Valletta

Paul Gladwish, Casa Marmor Shar, Triq Ignazio Saverio Mifsud, Birkirkara

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 Grazio Mercieca, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 23rd January, 2019, in the records of the Warrant of Eviction in the names Adrianne Spiteri vs Louis Spiteri, Warrant of Eviction 289/17, the following publication was ordered for the purpose of service of the respondent Louis Spiteri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Warrant of Eviction filed in the Civil Court (Family Section) in the names (Applicant) Adrianne Spiteri (ID 189169M) vs (Respondent) Louis Spiteri (ID 398459M) on the 29th November, 2017, the applicant Adrianne Spiteri (ID 189169M) respectfully pleaded:

That this Honourable Court order the issuing of a Warrant of Eviction against the respondent from the undermentioned premises in execution of the undermentioned judgement and whereas the respondent failed to do this till this day.

Premises: Flat 5, Ent. D. Apts, Imsieraħ taż-Żwejt, l/o San Ġwann

Judgement: According to a judgement decided on the 28th June, 2017, Application 181/12 RM

Sgd. Adv. Claudio Zammit

Filed by PL N. Farrugia with one doc.

Warrant of Eviction

Republic of Malta

To the Marshall of Court

Whereas by a judgement given by this Court as mentioned in the above application there is the order for eviction from the premises mentioned, and whereas the same respondent failed to do this till this day;

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Judge A. Ellul, Doctor of Laws.

Applicant: Id-Denfil, Triq il-Korea, Marsaskala

Respondent: Flat 5, Ent D. Binja Msieraħ, San Ġwann

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Appeals Consumer Claims Tribunal) on the 29th August, 2018, in the records of the Application in the name James Formosa vs Sunday Johnson, Application Number 5/18 JVC, the following publication was ordered for the purpose of service of the respondent Sunday Johnson, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Court of Appeal (Appeals from the Consumer Claims Tribunal) following the judgement of the Consumer Claims Tribunal Ref: CCT/153/17/S, given on the 5th July, 2018, in the names James Formosa vs Sunday Johnson, on the 23rd July, 2018, the applicant James Paul Formosa (ID 3427791M) resident at La Petra, Triq Bullara, Xagħra, Gozo, respectfully pleaded:

1. That by means of a Notice of the 6th September, 2017, the interpellant asked this Tribunal so that the respondent be condemned to pay the amount of €1,704 representing defective work of a contract of works.

2. By means of a judgement dated 5th July, 2018, the Consumer Claims Tribunal decided by upholding the request for the Order of Default and refused to take cognizance of the respondent’s reply due to his default and condemn him to pay the appellant the sum of €600 computed ex aequo et bono.

With costs against the respondent.

That the interpellant felt aggrieved by this judgement and thus by means of the present is filing this humble appeal therefrom.

That the grievances of the interpellant are clear and manifest and consist in the following:

1A. That the Tribunal made a manifestly wrong appreciation of the facts and wrong application of the law.

1. That once the Tribunal considered the respondent in default and subsequently upheld the order of default of the appellant against the respondent in terms of regulation 4.1 of L.S. 378.01, the Tribunal had to pass to condemn the respondent to pay the sum claimed in toto and not work out a sum ex aequo et bono.

2. That without prejudice to this, the reason for which the Tribunal arrived to decide to reduce the amount demanded is not good. The Architect noted that the works carried out in the bathroom in the first floor, namely the tiles fixed to the dividing wall, were not well fixed.

… omissis …

That the interpellants humbly submit that the Tribunal decided incorrectly since the cause of the defect is irrelevant and this because the contractor had the obligation not to fix any tiles which result to be defective. The appellant upholds that the tiles were not defective since he had personally inspected them but even if it resulted that the tiles were defective, the contractor had to carry out the works according to the art, by not proceeding to fix the tiles and instead draw the attention of the appellants or use tiles which are not defective.

That the fact that the tiles as presently fixed are not good and according to the art, this shall result in the appellant disbursing expenses to remove the tiles and fixing them again.

That according to the teaching of the Court of Commercial Appeal of the 27th March, 1972, in the names ‘Mario Blackman vs Carmelo Farrugia et noe’, the Court concluded:

‘the contractor is to execute the work given to him in the sense that he has the obligation also to see that this work is being carried out well and not in such a manner that it shall later result defective. In such a case he should not carry out the work in the first place or he shall have to answer for the defects that shall appear later’

3. That without prejudice to this, if there should have been a reduction this reduction should have certainly not been more than fifty per cent (50%) as liquidated by the Tribunal.

Thus and in view of the above, the interpellant whilst referring to all the records of the cause and to all the proof brought as well as to the proof which he is allowed to bring at a later stage of this appeal, humbly prays this Honourable Court to uphold this appeal, cancel and reform the judgement appealed in so far as it liquidates the amount due to the appellant, the sum of €600 by ordering the respondent to pay the appellant all the amount demanded by the same appellant and confirm it for the rest. With costs of both instances against the respondent.

Whereas the procedures in writing in the cause in the names James Formosa vs Sunday Johnson, Application Number 5/18 JVC, before the Court of Appeal have been closed, the Court fixed the hearing of the cause on Friday, twenty-first (21) of June, 2019, at 10.45 a.m.

Notify: Sunday Johnson, 31, Triq Sant’Anġlu, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 23rd January, 2019, in the records of the Sworn Application in the names Adrianne Spiteri vs Louis Spiteri, Application Number 181/12 RM, the following publication was ordered so that the application brought hereunder be notified in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an application, filed in the Civil Court (Family Section), Sworn Application 181/12 RM, in the names Adrianne Spiteri vs Louis Spiteri, decided 28/6/17, the applicant Adrienne Spiteri (ID 189169M) respectfully pleaded:

That this Honourable Court decided the cause by a judgement of the 28th June, 2017;

That in virtue of the sixth point of the operative part of the Honourable Court, the interpellant was authorised to live and reside in the matrimonial home to the exclusion of the defendant till the same premises is sold;

That as the defendant did not go out of the premises of his own free will, the interpellant presented a warrant of eviction number 289/17, which was upheld on the 15th January, 2018, Doc. annexed ASL1;

That as results from the relative referrals, the respondent in that warrant, defendant in the present cause, was notified with the same warrant on the 30th April, 2018, and this since the Marshall found Manuel Zarb, from the firm Zarb Coaches Ltd, in the place where the defendant works and was informed that the defendant was working outside the premises;

That despite this, the defendant did not formally deliver every key he has of the matrimomnial home to the interpellant;

That the premises mentioned has not yet been sold and thus the interpellant has still the right to live in the same premises exclusively according to the judgement of this Honourable Court.

Thus, for the reasons above premised the interpellant respectfully prays that she be authorised in virtue of point number six (6) of the operative part of the judgement to change the lock of the premises Flat 5, Entrance D, Binja Msieraħ, San Ġwann, and this with the assistance of the same Honourable Court and the Police.

Applicant: 29, Id-Denfil, Triq il-Kavetti, Marsascala

Respondent: Fl 5, Ent. D, Binja Msieraħ, San Ġwann

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 3/2004 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 10th May, 2019, given by the Criminal Court of Appeal (Superior Court) (Madame Justice Dr Edwina Grima LLD) following the execution of judgement given by the same Court on the 14th October, 2007, and following an application filed by Walter John Cassar on the 24th June, 2013, Bill of Indictment Number 10/2005, in the case in the names:

The Republic of Malta

Versus

Walter John Cassar, 40 years, son of Eucharist and Helen nee Xuereb, born in Victoria, Gozo, Malta on the 25th October, 1978, residing at Ramla Court, Flat 8, Triq ta’ Gajdoru, Xagħra, Gozo, Malta and holder of identity card bearing number 25278G.

The Court ordered the cancellation of the freezing order of all the assets of the said Walter John Cassar which order was given by the Court of Magistrates (Gozo) as a Court of Criminal Inquiry (Magistrate Dr Antonio Micallef Trigona LLD) by a decree dated 18th December, 2003, which was duly published in the Government Gazette of the 23rd December, 2003.

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 1/2019 – PERPETUAL GENERAL INTERDICTION

It is being notified that by judgement dated 15th April, 2019, given by the Court of Magistrates as a Court of Criminal Judicature - (Magistrate Dr Donatella M. Frendo Dimech LLD) Compilation Number 527/2015, in the case in the names:

The Police 

(Inspector Anne Marie Xuereb)

Versus

Philip Grech, 64 years, son of the late Philip and Mary nee Azzopardi, born in Tas-Sliema, Malta on the 21st July, 1954, residing at Panorama Court, Triq l-Imdina, Ħaż-Żebbuġ, Malta and holder of Maltese identity card number 541454M.

The Court ordered the perpetual general interdiction starting from judgement date of the said Philip Grech and this according to section 119 of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by this Court on the 10th April, 2019, following a request of Angelo Pedretti, it was ordered that deputy curators be chosen to represent the absent Rozanne Pedretti, in the records of the General Application in the names ‘Angelo Pedretti vs Deputy Curators’ General Application 270/18 JPG and in the other relative and subsequent acts.

By means of an Application, presented in the Civil Court (Family Section) in the names Angelo Pedrett (ID 0189604A) vs Roxanne Pedretti (ID of the Republic of South Africa 8203040190086) on the 21st March, 2019, the applicant Angelo Pedretti (ID 0189604A) respectfully pleaded:

1. That the interpellant and the said Roxanne Pedretti were married on the 31st May, 2015, in Parys, Free State, the Republic of South Africa (Doc. A);

2. That on the 12th July, 2015, the minor … omissis …was born in the Republic of South Africa (Doc. B);

3. That in July 2016, the interpellant together with the said Roxanne left the Republic of South Africa and went to live in Ireland;

4. That in December 2018, the said Roxanne left Malta together with her children from her first marriage to return to the Republic of South Africa;

5. That thus it is clear that till the said Roxanne remains so away from Malta, she cannot, because she is absent, exercise the rights and obligations of parental authority.

Thus the interpellant respectfully prays that this Honourable Court order and declare that in view of the absence of the said Roxanne Pedretti, the mother of the minor … omissis …, from the Maltese Islands, the said Roxanne Pedretti cannot exercise the rights of parental authority and the parental authority passed to and is exercisable only by the interpellant.

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, this Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Madam Justice Miriam Hayman LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals