Court Notices published in Govt. Gazette No. 20,210 of 11th June 2019

ARB/C033/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 1st June, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Astrid May Grima LL.D.). Compilation Number 339/2019 in the case:

The Police 

(Inspector Rennie Stivala)

Versus

PATRICK CUTAJAR, 45 years, son of the late Victor and Dolores née Camenzuli, born in Tal-Pietà, Malta on the 17th December, 1973, residing at 33, Pour l’Infinite, Triq il-Ġermanja, Naxxar, and holder of Maltese identity card bearing number 16274M.   

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to PATRICK CUTAJAR and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Section 23A(2) of the Criminal Code, Chapter 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 23A(2) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

Notice Registry of the Civil Court (Family Section):

Whereas the plaintiff Alison Schembri (ID 227178M) filed an application under oath (No. 127/19 AL) demanding corrections of the Act of Birth of the minor Kimberley known as Giordmaina, number 3379/2004 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 VELLA BALDACCHINO

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 22nd May, 2019, the publication of the following extract was ordered for the purpose of service to the defendant Sylvio Brincat in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

The Honourable Doctor Clifton Grima (ID 459683M) of 69, Triq il-Kunċizzjoni, Msida, filed a Claim on the 4th December, 2018, whereby he asked the Court to condemn Sylvio Brincat (ID 474260M) of Yanis Shop, Triq il-Kbira San Ġużepp, Santa Venera and/or 25, St Joseph Garage, Triq Schembri, Ħamrun, to pay the plaintiff the sum of €7,041.95 which amount is due to the plaintiff.

With costs and interest

The case (Notice Number 304/18RM) is deferred to the 3rd July, 2019, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 7th May, 2019, in the records of the Application in the names Abdilla Maria vs Farrugia Peter Paul, Application Number 131/19 AGV, the following publication was ordered for the purpose of service of the respondent Peter Paul Farrugia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the Civil Court (Family Section) in the names Maria Abdilla previously Farrugia (ID 530283M) vs Peter Paul Farrugia (ID 511576M) on the 14th March, 2019, the applicant Maria Abdilla (ID 530283M) humbly asked this Honourable Court:

1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in the application.

The Application in the names Abdilla Maria vs Farrugia Perter Paul, Application Number 131/19 AGV, has been deferred for hearing to Thursday, 13th June, 2019, at 9.00 a.m.

Applicant: Maria Abdilla, 34, Pjazza tal-Ġublew tad-Djamanti, Mqabba

Respondent: Peter Paul Farrugia, St Peter’s House, 45, Triq il-Parroċċa, Mqabba

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree dated the 5th of June, 2019, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organisation and Civil Procedure, and this with regard to respondent Josephine Farrugia mentioned hereunder.

On the 1st of April, 2019, Ġanni Attard of 60, Daħlet Pawluzzu, Triq San Lawrenz, San Lawrenz, Gozo (ID 54762G) filed an application in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section (Sworn Application number 15/2018) against Josephine Farrugia of Flat 6, Block HB, Triq Taċ-Ċawla, Rabat, Gozo whereby he stated with respect:

That the applicant refers to the note presented by the defendant and in virtue of which she gave a list of reasons why the benefit for legal aid should be reinstated to her;

That the applicant is informed that the said monies are property of Josephine Farrugia, which monies are just part of what Josephine Farrugia has taken. The applicant knows this information since it has been confirmed by her son, Marlon Cachia, and in his own words she took around sixty thousand euro (€60,000.00) and that Teddy Cachia, her estranged husband, does not have anything else to do with Josephine Farrugia and the monies that are still at account Michael Grech are just hers;

That the actions of the defendant are just intentioned in order to deferred track this Honourable Court and give an impression that the defendant does not have the means in order to live and sustain herself, and has even managed to deceive not only this Honourable Court when she presented herself as a person with special needs but also her Excellency the President of the Republic of Malta when she asked for a washing machine;

That besides all this, the sequestrator Michael Grech Financial Investments Limited has duly deposited the amount claimed by the Garnishee Order presented by the applicant without any hesitation, as is evident from the acts of these procedures. This could only happen given that the said monies were property of the defendant Josephine Farrugia as alternatively there would not be any particular reason that these are presented in Court;

Therefore in view of the above, the applicant requests with respect that this Honourable Court confirms its decree for revocation of the benefit for legal aid and orders that the defendant pays for all the procedures from the beginning of the lawsuit up till today, and in any case, authorises the applicant to summon the representative of Michael Grech Financial Investments Limited, Marlon Cachia, Roderick Cachia and Teddy Cachia, in order to confirm the above, and this under any other provision which is Honourable Court deems fit and necessary.

Magistrate Dr Joanne Vella Cuschieri B.A., Mag. Jur. (Eur. Law.), LLD

Sworn application no. 15/2018 (JVC)

Ġanni Attard

vs

Josephine Farrugia

The Court

Having seen once again the application filed by Ġanni Attard on the 1st of April, 2019. 

Orders notification of same to the defendant who is being granted ten days to file a reply.

(sgd.) Dr Joanne Vella Cuschieri, Magistrate

(sgd.) Maureen Xuereb, D/Registrar

True copy

f/Registrar

Superior Jurisdiction, General Section

MAUREEN XUEREB 

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 7th August, 2018, following a request by Antonia Theresa sive Anthese Lautier pro et noe it was ordered that deputy curators be chosen to represent the unknown direct owners or sub direct owners in the acts of the schedule of deposit number 1473/2018 in the names Antonia Theresa sive Anthese Lautier pro et noe 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 Antonia Theresa sive Anthese Lautier, wife of Joseph Lautier, daughter of the late Salvino Falzon and Josephine née Schembri, born in Mosta and residing in Tas-Sliema (Townsquare 203, Qui si Sana Seafront) (ID 107749M) for and on behalf of the company Tess Limited (C 47842) with registered office at Townsquare 203, Qui-si-Sana Seafront, Tas-Sliema vs Deputy curators to represent the unknown direct emphyteutae/s and the unknown owners of the land on which there is built the apartment internally marked number 18 forming part of a block of eighteen appartments, which block is known as Spinola, in the development known as Saint George’s Park, in the limits of Spinola, in St Julian’s. The said apartment is situated on the second floor, whilst all the block which is unnumbered is found in a private road without name which abuts in Qasam San Ġorġ and is bounded from the West with the said road, and on the other boundaries with property of Saint George’s Park Company Limited. The said development is bounded from the West with Saint George’s Road, and from the South with Dragonara Road and from the East and North with other private roads of the same Qasam San Ġorġ. The said apartment enjoys in common with other apartments in Spinola block, the stairs, the entrance, hall way, staircase, shaft, drains, electricity system and fittings of the same stairs, drain and four water pipes, whilst it enjoys in common with other apartments in the same development, all the private roads, footpaths and gardens in the same development. The said apartment is subject to the annual and perpetual groundrent of €116.47 payable in advance every 1st January of each year, otherwise free and unencumbered with all the rights and appurtenances, filed on the 3rd August, 2018, the applicant Tess Limited (C 47842) respectfully submitted:

The applicant is the owner of the apartment internally marked with number 18 forming part of a block of eighteen apartments, which block is known as Spinola, in a development known as Saint George’s Park, in the limits of Spinola, in St Julian’s. The said apartment is situated on the second floor, whilst all the block which is unnumbered is found in a private road without name which abuts in Qasam San Ġorġ and is bounded from the West with the said road, and on the other bounderies with property of Saint George’s Park Company Limited. The said development is bounded from the West with Saint George’s Road, and from the South with Dragonara Road and from the East and North with other private roads of the same Qasam San Ġorġ. The said apartment enjoys in common with other apartments in Spinola block, the stairs, the entrance, hall way, staircase, shaft, drains, electricity system and fittings of the same stairs, drain and four water pipes, whilst it enjoys in common with other apartments in the same development, all the private roads, footpaths and gardens in the same development. The said apartment is subject to the annual and perpetual groundrent of €116.47 payable in advance every 1st January of each year, otherwise free and unencumbered with all the rights and appurtenances;

This property was acquired by Tess Limited by means of a deed of transfer in the records of Notary Doctor Anne Marie Tonna of the 22nd December, 2009, deed here exhibited and marked as Document A;

The applicants are depositing the sum of €582.35 representing the arrears of the last five years of groundrent which were not paid to the unknown owners;

The applicants wish to avail themselves of the option in Article 1501 of Cap. 16 of the Laws of Malta and thus redeem the same groundrent capitalised at the rate of 5%, which groundrent when capitalised amounts to €2,329.40. The tax due is that of €120.

Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €2,329.40 for the redemption of the annual and perpetual groundrent in favour of the respondents abovementioned, so that the deposited sum may be withdrawn after leaving the relative receipt according to law.

Service: 

1. Tess Limited, Townsquare 203, Qui-si-Sana Seafront, Tas-Sliema

2. Deputy Curators, Law Courts, Valletta

3. Director Public Registry (Identity Malta, Triq l-Arċisqof, 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 Giannino Caruana Demajo, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 30th of May, 2019, and this after a written plea numbered 340/2019, ordered:

The correction of the Act of Birth of Sean Pendlebery, bearing number 2284 of the year 2019, in the sense that the name ‘Michael’ is to be inserted before the name ‘Sean’ wherever it appears.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By order of the First Hall Civil Court, given on the 26th November, 2018, in the records of the Sworn Application in the names Gafà Lawrence et vs Gafà Pawla, Application Number 650/18 RGM, the following publication was ordered for the purposes of Article 495A of Cap. 16 of the Laws of Malta

In the First Hall Civil Court

Lawrence Gafà (ID 45151M)

Rita Cauchi (ID 297056M)

Joseph Gafà (ID 163159M)

John Gafà (ID 715762M)

Albert Gafà (ID 403769M)

Rita Gafà (ID 646556M)

Joseph Gafà (ID 663645M)

Salvu Gafà (ID 267349M)

Lorenza Bugeja (ID 208951M)

Francesco Gafà (ID 594653M)

Giovanna Formosa (ID 518057M)

vs

Pawla Gafà (ID 586547M)

Application of Lawrence Gafà (ID 45151M), Rita Cauchi (ID 297056M), Joseph Gafà (ID 163159M), John Gafà (ID 715762M), Albert Gafà (ID 403769M), Rita Gafà (ID 646556M), Joseph Gafà (ID 663645M), Salvu Gafà (ID 267349M), Lorenza Bugeja (ID 208951M), Francesco Gafà (ID 594653M) and Giovanna Formosa (ID 518057M).

Respectfully pleads and by his oath Lawrence Gafà (ID 45151M) confirms:

1. That the applicants together are the owners of eleven out of twelve undivided parts (11/12) of the premises number three (3) Alley number five (5) in Triq Ta’ Loretu, Ħal Għaxaq, in part underlying property of third parties whilst the respondent is the owner of the remaining share out of twelve undivided (1/12);

2. That in fact the premises above mentioned came to the parties from the inheritance of Carmelo Gafà and his wife Wenza who purchased the premises during marriage between them by means of a judicial sale held on the thirteeth of November of the year one thousand nine hundred and eight (1908) - vide Doc. A;

3. That the said Carmlo Gafa and his wife Wenza Gafa died intestate on Monday second of May of the year one thousand nine hundred and thirty (02.05.1930) and the twenty-ninth of November of the year one thousand nine hundred and forty-two (29.11.1942) respectively - vide Doc. B to Doc. F);

4. That thus ab intestato the premises above mentioned came in equal shares of one third each in favour of Nazzareno, Filippo and Maria the only children of the said Carmelo Gafà and his wife Wenza Gafà, as results from the family tree - vide Doc. G.

5. That Nazzareno Gafà died on the eighteenth of February of the year one thousand nine hundred and ninety-five (18.02.1995) and his share was inherited by his children the applicants Lawrence, Charles, Rita Cauchi, Joseph, John and Albert according to a will dated twenty-ninth of November of the year one thousand nine hundred and ninety-four in the records of Notary Doctor George Cassar - vide Doc. H to Doc. K.

6. That the said Charles Gafà son of Nazzreno died on the twenty-second of December of the year two thousand and ten (22/12/ 2010) and in virtue of his will of the tenth April of the year one thousand nine hundred and ninrety-seven (10.04.1997) in the records of Notary Pierre Cassar, his share from the said premises devolved on his children Josef and Francienne siblings Gafà  - vide Doc. L to Doc. O;

7. That on their part the said Josef and Francienne siblings Gafà renounced the inheritance of their father Charles Gafà son of Nazzreno and thus the share of the same Charles Gafà son of Nazzareno from the premises in question passed on to his wife Rita Gafà - vide Doc. P;

8. That Filippo Gafà died intestate on the third of November of the year one thousand nine hundred and seventy-seven and his share was inherited by his children Joseph, Pawla, Saviour, Lorenza Bugeja, Francis and Giovanna Formosa - vide Doc. Q to Doc. S;

9. That Maria Gafà died unmarried, without offspring and intestate on the twenty-first of January one thousasnd nine hundred and eighty-nine (21.01.1989) and thus her share of the said premises passed in favour of the applicants and the respondent - vide Doc. T to Doc. V;

10. That thus it results that the premises de quo today belongs as to eleven out of twelve undivided parts (11/12) to the applicants between them whilst the remaining share out of twelve undivided (1/12) belongs to the respondent Pawla Gafà;

11. That by means of a preliminary agreement in the records of Notary Doctor Roland Wadge dated the twenty-sixth of (26) of September of the year two thousand and seventeen (2017) (hereby annexed and marked Doc. W) the applicants bound themselves to sell and transfer in favour of Andrea Cauch (ID 114890M) the premises number three (3) in Alley number five (5) in Triq Ta’ Loretu, Ħal Għaxaq, as in part underlying property of third parties, with all its rights and appurtenances and this for the global price of seventy-five thousand euro (€75,000) payable as for sixty-eight thousand seven hundred and fifty euro (€68,750) to the applicants between them and the remaining six thousand two hundred and fifty euro (€6,250) to the respondent and this according to the pacts mentioned in the same preliminary agreement;

12. That in this same preliminary agreement, the purchaser Andrea Cauchi acknowledged that he was informed that the vendors or rather the applicants are not the sole owners of all the property but between them they have only eleven out of twelve undivided shares (11/12) and subsequently the parties subjected the same preliminary agreement to the authorisation of this Hon Court for the sale of the remaining undivided share;

13. That the applicants declare and confirm that there was no lawsuit regarding the partition of the same property before a Tribunal or competent Court;

14. That the value of the same property being sold in its entirety is of seventy-five thousand euro (€75,000) (as results from the same expert valuation released by Architect Mark John Scicluna hereby annexed and marked Doc. X and confirmed by him by oath) and thus the price agreed on the preliminary agreement is just and real and does not cause any prejudice to the respondent;

15. That thus in order that the sale of the entire premises above described be made, the applicants are availing themselves of Article 495A of Cap.16 of the Laws of Malta, in order that the same sale be approved;

16. That together with this sworn application, the applicants are annexing their relative declaration by means of which they are declaring that they agree with the entire premises as above mentioned under the pacts and conditions of the preliminary agreement dated twenty-sixth (26) of September of the year two thousand seventeen (2017) and this in terms of Article 495A (2) of Cap. 16 of the Laws of Malta;

17. That together with the present application, the applicants are annexing a prospect which shows the number and value of the relative shares of the parties and all this in terms of Article 495A (2) of Cap. 16 of the Laws of Malta.

Thus, the applicants, in view of all that above premised, respectfully pray that this Honourable Court:

1. Authorise the sale in favour of Andrea Cauchi of the whole of the entire premises (three) (3) in Alley number five (5) in Triq Ta’ Loretu, Ħal Għaxaq for the global price of seventy-five thousand euro (€75,000) payable as for sixty-eight thousand seven hundred fifty euro (€68,750) to the applicants and the balance of six thousand two hundred and fifty euro (€6,250) to the respondent.

2. Establish a day, time and place in order to carry out the eventual sale and transfer of the premises herein asked.

3. Appoint deputy curators in order to represent the eventual defaulters on the said deed once they fail to appear, at the time day and place established by this Honourable Court.

4. Appoint Notary Doctor Roland Wadge in order to publish the final deed of transfer of the premises above mentioned.

5. Order and authorise that in the event that the same respondent fails to appear on the final deed of transfer the share of the respondent from the proceeds of the sale dec quo be deposited under the authority of this Hon Court by the said deputy curators after the due tax is paid on the said transfer as well as with the deduction of all the costs imputable to the respondent.

6. Saving any other provision that this Honourable Court deems fit and opportune in the circumstances.

With costs against the respondent from now summoned so that a reference to her evidence be made.

Applicants:

Lawrence Gafà, 6, Ħal Dmikki Block B, Section 1, Flat 7, Triq il-Bwar, Ħal Għaxaq

Rita Cauchi, 6, L-Andar, Triq id-Daħla ta’ San Tumas, Żejtun

Joseph Gafà, 114, Triq ir-Rizza, Birżebbuġa

John Gafà, Dwejra, Triq l-Indipendenza, Ħaż-Żebbuġ

Albert Gafà, Paradise, Triq il-Mastrudaxxa, Santa Venera

Rita Gafà, 96, Carmrit, Triq il-Witja, Ħal Tarxien

Joseph Gafà, 126, Joschaphil, Triq San Filippu, Ħal Għaxaq

Salvu Gafà, 27, Chalfilton, Triq Bir Miftuħ, Gudja

Lorenza Bugeja, 2, Loren, Triq Dun Salv Gatt, Marsaxlokk

Francesco Gafà, 27, Peppermint, Triq Mons. Pawlu Mallia, Gudja

Giovanna Formosa, 6, Sunjane, Triq it-Telleritu, Ħal Gaxaq

Notify:

Pawla Gafà, Casa Gafà, Dawret Ħal Ghaxaq, Ħal Għaxaq GXQ9013

In the First Hall Civil Court

Lawrence Gafà (ID 45151M)

Rita Cauchi (ID 297056M)

Joseph Gafà (ID 163159M)

John Gafà (ID 715762M)

Albert Gafà (ID 403769M)

Rita Gafà (ID 646556M)

Joseph Gafà (ID 663645M)

Salvu Gafà (ID 267349M)

Lorenza Bugeja (ID 208951M)

Francesco Gafà (ID 594653M)

Giovanna Formosa (ID 518057M)

vs

Pawla Gafà (ID 586547M)

List of documents:

1. Doc A: Authentic copy of the note of enrolment of judicial sales of the 30th November, 1908

2. Doc. B Certificate of Death of Carmelo Gafà

3. Doc. C Authentic copy of Testementary searches of Carmelo Gafà (Civil Court Voluntary Jurisdiction Section)

4. Doc. D Authentic Copy of Testementary Searches of Carmelo Gafà (Public Registry)

5. Doc. E Certificate of Death of Wenza Gafà

6. Doc. F Authentic copy of Testementary Searches of Wenza Gafà (Civil Court Voluntary Jurisdiction Section)

7. Doc. G Family Tree

8. Doc. H Authentic Copy of the Certificate of Death of Nazzareno Gafà

9. Doc. I Authentic copy of Testementary Searches of Nazzareno Gafà (Public Registry)

10. Doc. J Authentic copy of Testementary Searches of Nazzareno Gafà (Civil Court Voluntary Jurisdiction Section)

11. Doc. K Authentic copy of Will of Nazzareno Gafà

12. Doc. L Authtentic copy of certificate of death of Carmelo Gafà, son of Nazzareno

13. Doc. M Authentic copy of Testementary searches of Carmelo Gafà son of Nazareno (Civil Court Voluntary Jurisdiction Section)

14. Doc. N Authentic copy of Testementary Searches of Carmelo Gafà son of Nazzareno (Public Registry)

15. Doc. O Authentic copy of Will of Carmelo Gafà son of Nazzareno

16. Doc. P Copy of renunciation of inheritance on the part of Josef and Francianne Gafà

17 .Doc. Q Authentic copy of Certificate of Death of Filippo Gafà

18. Doc. R Authentic copy of Testementary Searches of Filippo Gafà (Public Registry)

19. Doc. S Authentic copy of Testementary Searches of Filippo Gafà (Civil Court Voluntary Jurisdiction Section)

20. Doc. T Authentic copy of Certificate of death of Maria Gafà

21. Doc. U Authtentic copy of Testementary Searechs of Maria Gafà (Civil Court Voluntary Jurisdiction Section)

22. Doc. V Authentic copy of Testementary Searches of Maria Gafà (Public Registry)

23. Doc. W Legal Copy of preliminary agreement of the 27th September of the year 2017 (Notary Roland Wadge)

24. Doc. X Expert report of Architect Mark John Scicluna

25. Doc. Y Declaration of Applicants

26. Doc. Z Prospect

The Sworn Application in the names Gafà Lawrence et vs Gafà Pawla, Applicationj Number 650/18 RGM, has been deferred for hearing to the 3rd July, 2019, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 26th February, 2019, following a request by Joseph Edmond Galea pro et noe it was ordered that deputy curators be chosen to represent the interests of the owners that are absent in the records of the sworn application number 189/2019GM in the names Joseph Edmond Galea pro et noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Joseph Edmond Galea (ID 119854M) who is appearing in his own name and for and on behalf of Mary Galea (ID 251926M), Thomas Grima (ID 248040M), Jesmond Grima (ID 325265M), Brian John Grima (ID 44670M), Concetta Mallia (ID 98128M) who is appearing in her own name and for and on behalf of Mary Sgarbossa (passport number L5567885), Paul Mallia (passport number 147584), George Mallia (passport number K1877075), Patricia Anne Mallia (passport number 216763), and Salvina Falzon (ID 662040M), Karen Mary Falzon (ID 244179M), Jacqueline Micallef (ID 133667M), Anne Deguara (ID 735762M), Richard Mallia (ID 653442M) who is appearing in his own name and for and on behalf of Licia Buttigieg (ID 519146M) and also Maria Dolores Mizzi (ID 311848M), Joseph Genovese (ID 346250M), Simon Falzon (ID 521266M) who is appearing in his own name and for and on behalf of Mary Falzon (ID 12944M), Gaetano Falzon (ID 590848M), Emanuel Genovese (ID 42849M), Raymond Mallia (ID 513356M) who is appearing in his own name and for and on behalf of Maurice Mallia (ID 302146M), Richard Mallia (ID 396747M), Filippa Bottari (ID 73858M), Rose Mary Borg (ID 876049M), Joseph Mallia (ID 729644M), Carmel Mallia (ID 491148M), Roland Mallia (ID 236360M), Monica Cannao’ (ID 194353M), Carmela Mallia (ID 691939M), Deborah Grace Magri (ID 475068M), Malcolm Mario Mallia (ID 461866M) and Giuliana sive Juliana Muscat Mallia (ID 118673M) vs deputy curtors to represent the absent Mary Josephine Carabott, Charles Carabott and Teresa sive Tessie Attard brothers and sisters Carabott children of the late Emanuel Mallia and Rita née Zerafa, owners of the premises official numbers 13 and 14 Triq Brighella, Ħamrun, on the 22nd February, 2019, the applicants Joseph Edmond Galea (ID 119854M) who is appearing in his own name and for and on behalf of Mary Galea (ID 251926M), Thomas Grima (ID 248040M), Jesmond Grima (ID 325265M), Brian John Grima (ID 44670M), Concetta Mallia (ID 98128M) who is appearing in her own name and for and on behalf of Mary Sgarbossa (passport number L5567885), Paul Mallia (passport number 147584), George Mallia (Pass Nr K1877075), Patricia Anne Mallia (passport number 216763), and Salvina Falzon (ID 662040M), Karen Mary Falzon (ID 244179M), Jacqueline Micallef (ID 133667M), Anne Deguara (ID 735762M), Richard Mallia (ID 653442M) who is appearing in his own name and for and on behalf of Licia Buttigieg (ID 519146M) and also Maria Dolores Mizzi (ID 311848M), Joseph Genovese (ID 346250M), Simon Falzon (ID 521266M) who is appearing in his own name and for and on behalf of Mary Falzon (ID 12944M), Gaetano Falzon (ID 590848M), Emanuel Genovese (ID 42849M), Raymond Mallia (ID 513356M) who is appearing in his own name and for and on behalf of Maurice Malli (ID 302146M), Richard Mallia (ID 396747M), Filippa Bottari (ID 73858M), Rose Mary Borg (ID 876049M), Joseph Mallia (ID 729644M), Carmel Mallia (ID 491148M), Roland Mallia (ID 236360M), Monica Cannao’ (ID 194353M), Carmela Mallia (ID 691939M), Deborah Grace Magri (ID 475068M), Malcolm Mario Mallia (ID 461866M) and Giuliana sive Juliana Muscat Mallia (ID 118673M) requested with respect and Richard Mallia (ID 396747M) confirmed on oath:

That the applicants are all co-owners and they hold nine shares out of ten (9/10) of the premises with official numbers 13 and 14 Triq Brighella, Ħamrun;

By means of a deed of the 25th August, 1950, that is found in the records of Notary Doctor John Tabone Adami (here attached and marked as Doc. RM1) Gaetano Mallia and Filippa Mallia acquired the premises with official numbers 13 and 14 Triq Brighella, Ħamrun that is the premises regarding these procedures;

That the late Gaetano Mallia and Filippa Mallia together had ten children that nine of them are also deceased and the only living child is Mary Galea;

That the applicants are all successors in title of the children of Gaetano and Filippa spouses Mallia that in solidum they have nine shares out of ten (9/10) of the premises and this will be shown in the statement;

Thus, the remianing share belongs to the respondents that are absent and this amounts to one share out of ten (1/10);

By means of a promise of sale in the acts of Notary Dr Dorian Sciberras dated 12th March, 2018 (here attached and marked as Doc. RM2), and subsequently was extended by means of a extension dated 29th November, 2018 (here attached and marked as Doc. RM3) the applicants obliged themselves to sell and transfer in favour of Alexander Mercieca (ID 85363M) the house with official numbers 13 and 14 in Triq Brighella, Ħamrun , subject to all its rights and appurtenances for the price of €130,000 and according to the conditions mentioned in the same promise of sale;

The applicants know that there are more persons that have a share in this property but they do not know where they are;

The applicants declare and confirm that there are no law suits regarding the division of the same property before any Tribunal or a competent Court;

From official searches that have resulted so far, it results that the owners of the premises in question are Mary Josephine Carabott, Charles Carabott, and Teresa sieve Tessie Attard brothers and sisters Carabott, children of the late Emanuel Mallia and Rita née Zerafa, that there is no knowledge about their whereabouts; 

That the share of the respondents amounts to about €13,000;

This value is fair and real and causes no prejudice to the respondents as it results from the estimate carried out by Architect Bernard Formosa (here attached and marked as Doc. RM4);

Thus, for the sale of the whole premises abovementioned be made, the applicants are prevailing themselves of Article 495A of Cap. 16 of the Laws of Malta so that the said sale is approved;

Together with this sworn application a relative declaration of the applicants is attached and by means of which they are declaring that they are in favour of the sale of the whole premises as abovementioned subject to the terms and conditions of the promise of sale dated 12th March, 2018, and this in terms of Article 495A(2) of Chapter 16 of the Laws of Malta;

Together with the sworn application the applicants are attaching a statement that shows the act and the value of the relative shares of the parties and this in terms of Article 495A(2) of Cap. 16 of the Laws of Malta.

Thus, the applicants, in view of all that abovementioned, request with respect this Honourable Court to:

1. Authorise the sale of the whole premises official number 13 and 14, Triq Brighella, Ħamrun as described in this application and mentioned in the promise of sale dated 12th March, 2018, signed between all the applicants and the buyer Alexander Mercieca (ID 85363M) in terms of Article 495A of Cap. 16 of the Laws of Malta;

2. Establish a day, time and place so that the eventual sale and transfer will be made;

3. Nominate curators so that they represent those absent owners who cannot be found on the deed of transfer and orders so that they appear and represent the owners of the said premises with the time, day and place as established by this Honourable court;

4. Nominate Notary Doctor Dorian Sciberras to publish the deed of sale;

5. Nominate and authorise the applicants so that they deposits the sum representing the undivided share of the property of those who are absent and who could not be found, under the authority of this Honourable Court and this after deducting from the share of the respondents the tax due to be paid and also the relative expenses for the rights and costs of the curators appointed.

With costs against the defendants who are from now summoned so that a reference to their evidence be made

The application number 189/2019 GM in the names Joseph Edmond Galea pro et noe vs deputy curators is appointed to the 25th June, 2019, at 10.30 a.m. before Judge Grazio Mercieca LLD.

Applicants: 91, Block D, Flat 5, Triq Sir Luigi Preziosi, St Paul’s Bay

Deputy curators: Law Courts, 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. Dr Toni Abela, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court on the 28th May, 2019, following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent cosignatory Eurl Figou Imp & Exp, in the records of the Sworn Application 498/2019 MCH, in the names Advocate Dr Peter Fenech noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court First Hall, in the names Advocate Doctor Peter Fenech as special mandatary of the foreign company New Balance Athletics Inc with registration number 04-2460172 of 100, Guest Street, Boston, Massachusetts, 02135, United States of America vs deputy curators to represent the absent cosignatory Eurl Figou Imp & Exp of Cite Oued Serrag, El Eulma, Algeria, on the 22nd May, 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company New Balance Athletics Inc asked this Honourable Court and whilst the same Advocate Doctor Peter Fenech (ID 674668M) confirmed on oath and declares that he knows about the facts personally:

1. To declare that the objects consisting of shoes all with the registered mark New Balance Athletics, Inc on which there is the trademark of the European Union of the foreign company New Balance Athletics, Inc. as registered with the Office of Intellectual Property of the European Union (EUIPO) that is: (a) logo with registration number 103754 dated 16th October, 1999 (Doc. NB1 attached); (b) the word ‘New Balance’ with registration number 103648 dated 16th November, 1998 (Doc. NB2 attached) and (c) logo with registration number 0944507 dated 2nd November, 2007 (Doc. NB3 attached), that are presently found under the authority of the Comptroller of Customs after he suspended the release of the container with number CXDU 1861030 containing the said merchandise, which are counterfeit and contravene the rights of intellectual property to the applicant company New Balance Athletics, Inc., and this by means of the nomination of experts for this reason;

2. Orders the Comptroller of Customs to dispose from the said merchandise outside the channels of commerce, in such a manner as to preclude any damage to the applicant company and the public consumer or order the Comptroller of Customs to destroy the said merchandise in any case without any compensation and at the expense of the respondents;

3. Order the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants’ demands including those of transport of the said merchandise for storage in Malta, before their eventual destruction, of the storage itself for tallying and all the expenses due to the Comptroller of Customs from the beginning of the procedures as well as the transport from the place of storage till the eventual destruction including all the costs incurred for the final destruction of the said merchandise.

With costs against the defendants summoned so that a reference to their evidence be made

Applicant noe: 36, Triq l-Arċisqof, Valletta VLT 1447

Kuraturi deputati: The Law Courts, 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, above mentioned, with the witness of the Hon. Madam Justice Lorraine Schembri Orland, 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 October, 2018, in the records of the Sworn Application in the names Bonello Graziella pro et noe vs Director Public Registry et, Sworn Application number 231/17 AL, following an application of Advocate Dr Victor Bugeja et nomine, of the 22nd of October, 2018, the following publication was ordered for the purpose of service of the applicant Graziella Bonello and the respondent Paul Tabone, in terms of Article 187(3) et sequitur of Cap. 12. The said Graziella Bonello was admitted to the Benefit of Legal Aid.

By means of an Application, filed in the Civil Court (Family Section) in the names Graziella Bonello (ID 0130185M) vs Directory Public Registry et, Application Number 231/17 AL, on the 21st March, 2018, the applicant Graziella Bonello pro et noe respectfully pleaded:

That the present cause was deferred sine die in today’s sitting;

That the interpellant has an interest in the cause.

Thus, the interpellant respectfully prays that this Honourable Court reappoint the cause in the names premised to another date and this under the opportune pacts and conditions in the circumstances.

Civil Court (Family Section)

Hon. Madam Justice Abigail Lofaro LLD Dip. Stud. Rel. Mag. Jur (Eur. Law) 

Sworn Application 231/17 AL

Graziella Bonello pro et noe

vs

Director Public Registry et

 The Court;

Saw the Application of Graziella Bonello of the 21st March, 2018.

Upholds the demand and reappoints the cause on Tuesday, 5th June, 2018, at 9.15 a.m. and orders that the parties be notified.

By means of a notice of hearing issued by the Registry Civil Courts (Family Section) on Wednesday, 5th June, 2019, the cause above mentioned Sworn Application 231/17 AL, which was sine die from Wednesday, 21st March, 2018, was set down again for hearing on Tuesday, 2nd July, 2019, at 9.15 a.m.

Notify:

Applicant: Graziella Bonello, 33/10, Triq l-Isptar, Valletta

Respondent: Paul Tabone, 177, Flat 5, Triq Sant Ursola, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta    

To the Marshall of the Court

By means of a decree given by this Court, on the 22nd May, 2019,  following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent consegnetary Eurl Anit Import Export of Alger - Algeria,  in the records of the Sworn Application 448/2019 MCH, in the names Advocate Dr Peter Fenech noe vs Deputy Curators and in the  other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court First Hall in the names Advocate Doctor Peter Fenech as special mandatary of the foreign company Tommy Hilfiger Licensing BV of Stadhouderskade 6, 1054, ES Amsterdam, The Netherlands vs deputy curators to represent the absent consegnetary Eurl Anit Import Export of Alger - Algeria, on the 8th May, 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company Tommy Hilfiger Licensing LLC asked this Honourable Court and whilst the same Advocate Doctor Peter Fenech (ID 674668M) confirmed on  oath and declares that he knows about the facts personally:

1. To declare that the objects consisting of trousers all with the registered mark Tommy Hilfiger Licensing BV on which there is the trademark of the European Union as registered with the Office of Intellectual Property of the European Union (EUIPO) that is: (a)  the words “TOMMY HILFIGER” with registration number 131706 dated 16th October, 1998 (Doc. A1 attached); (b) figurative mark with registration number 138529 dated 5th June, 2000 (Doc. A2 attached); (c) the word “TOMMY” with registration number 001209790 dated 3rd August, 2005 (Doc. A3 attached); (d) figurative mark with registration number 011267945 dated 14th March, 2013 (Doc. A4 attached) that are presently found under the authority of the Customs Controller after he suspended the release of the container with number APZU 3533620 containing the said merchandise, which are counterfeit and contravene the rights of intellectual property to the applicant company Tommy Hilfiger Licensing BV, and this by means of the nomination of experts for this reason;

2. Orders the Comptroller of Customs to dispose from the said merchandise outside the channels of commerce, in such a manner as to preclude any damage to the applicant company and the public consumer or order the Comptroller of Customs to destroy the said merchandise in any case  without any compensation and at the expense of the respondents;

3. Order that the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants’ demands including those of transport of the said merchandise for storage in Malta, before their eventual destruction, of the storage itself  for tallying and all the expenses due to the Comptroller of Customs from the beginning of the procedures as well as the transport from the place of storage till the eventual destruction including all the costs incurred for the final destruction of the said merchandise.

With costs against the defendants summoned so that a reference to their evidence be made

Applicant noe:  36, Triq l-Arċisqof, Valletta VLT 1447

Deputy curators: The Law Courts, 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 th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals