Court Notices published in Govt. Gazette No. 20,280 of 15 October 2019

By means of a decree given by the Constitutional Court, on the 18th July, 2019, in the records of the Application The Police vs Jason Spiteri, Application Number 103/17/1, the following publication was ordered for the purpose of service of the respondent Jason Spiteri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Constitutional Court, Application Number 103/17/1, in the names The Police vs Jason Spiteri, the applicant Commissioner of Police and Attorney General respectfully pleaded:

1. That this is an Application of Appeal from a judgement delivered by the Honourable First Hall Civil Court (Constitutional Jurisdiction) on the 14th November, 2018, in the names above premised.

2. That the complaint of the person charged Spiteri is in the sense that the defect mentioned in the Application on the part of the Registrar of Courts and the Criminal Tribunals brought about that the interpellant’s rights as protected by Article 6(1) together with Article 6(3) of the Convention were violated.

3. That the relevant facts are the following.

i. That on the 20th May, 2011, Jason Spiteri was arraigned under arrest and was charged with having committed a theft from a vehicle parked in Triq il-Mall, Floriana. The prosecution brought foward its proof on the 7th October, 2014, declared that it has no further proof to bring forward, and nothwithstanding that the Court of Magistrates (Malta) as a Court of Criminal Judicature granted the person charged a number of adjournments to bring forward his defence, he failed to do this.

ii. That whilst the Prosecuting Officer submitted himself to the proof brought forward in these proceedings, the person charged was given the opportunity to bring forward his observations as stated in the application.

iii. That the Court of Magistrates (Malta) as a Court of Criminal Judicature passed on to deliver its judgement and it was only after this point that the learned counsel of the accused asked to see the records. It was here that it was pointed out that the note of submissions, presented by him in the registry of this Court on the 6th October, 2016, did not form part of these records.

iv. That on the 3rd February, 2017, the applicant in these procedures filed an appeal before the Court of Criminal Appeal, whereby the first grievance related to the allegation of a lack of a right to a fair hearing.

v. That on the 14th December, 2017, the Court of Criminal Appeal upheld the application and referred the following to the consideration of this Honourable Court:

‘If the accused is suffering from any violation under Article 6 of the European Convention relating to Human Rights and under Article 39 of the Constitution of Malta, because his right to a fair hearing in the appeal filed by him before the Criminal Court shall be violated by depriving him from the right to a ‘double review’.’

4. That in their reply the interpellants referred to the Constitutional reference by the Court of Criminal Appeal by contesting the allegations and all the claims of the accused Spiteri since they are unfounded in fact and at law.

i. That the person accused was never denied of his fundamental rights under Article 39 of the Constitution and/or Article 6 of the Convention and this since the Court was independent and impartial, the accused was given various opportunities to bring forward his proof.

ii. … omissis …

iii. … omissis …

iv. That without prejudice every procedure is based on various factors … omissis … from an accurate reading of the judgement of Magistrates (Malta) as Court of Criminal Judicature it appears that the conclusion arrived by the Court is based on the proof which was produced by the parties. That jurisprudence teaches us that the right to a hearing has to be evaluated in the light of the procedure as a whole.

… omissis …

5. That by a judgement of the 14th November, 2018, the Honourable First Court replied to the reference in this manner:

22.1. That it declares that in the procedure in examination before the Court of Magistrates as a Court of Criminal Judicature decided on the 31st January, 2017, the person charged Jason Spiteri the referring appellant suffered a violation of the right of a fair hearing as determined by Article 39 of the Constitution and Article 6 of the Convention.

… omissis …

7. That the grievances of the interpellant are clear and consist in the following.

The First Grievance

There is no violation of Article 39 of the Constitution of Malta and Article 6 of the Convention.

8. That the Honourable First Court was not correct when it found that Jason Spiteri suffered a violation of a right to a fair hearing and this for various reasons as shall be hereunder explained.

… omissis …

10. That the accused is basing this violation of his right on the fact that his note of submissions which was alledgedly presented on the 6th October, 2016, was not inserted in the records of the criminal proceedings.

… omissis …

11. That the Honourable First Court was not correct when it considered that Spiteri was not given a reasonable opportunity to present his case according to law.

… omissis …

14. In no manner does it result from rhe records that he was substantially disadvantaged procedurally when compared with the prosecution as the lack of quality of arms presupposes.

15. That from an accurate reading of the judgement of the Court of Magistrates (Malta) as a Court of Criminal Judicature of the 31st January, 2017, it appears that all the proof produced was considered and s based its decision on them.

16. That it is fundamentally erroneous that one selects one particular aspect of the penal process and decide if this in isolation regulates the principle of equality of arms.

… omissis …

19. It is good to state that the right to a fair hearing does not guarantee the correctness of the judgements on the merit.

… omissis …

21. That without prejudice to the above the accused appealed from the decision of the 31st January, 2017, whereby the first guarantee relates to the matter that the Court of First Insatance failed to take notice of the submissions and thus the Court of Appeal has the right to give the necessary remedy if you consider that the principle of audi alteram partem was not observed.

22. That in view of this the First Hall of the Civil Court (Constitutional Jurisdiction) should have upheld the pleas of the interpellant.

The Second Grievance

The Honourable First Court failed to consider the remedy that the Criminal Court of Appeal can provide.

23. That without prejudice to the above, the First Hall (Constitutional Jurisdiction) failed to consider the third plea in the Roman format (iii) of the interpellant, whereby by means of which it pleaded that the Criminal Court of Appeal has the righht to grant a remedy.

24. That in support of this, reference should be made to the cause in the names ‘Ther Police vs Carmel Galea’ (App. No. 628/2016) whereby the Court of Criminal Appeal itself in its judgement of the 7th April, 2017, which teaches us that:

Despite all this the remedy for the failings in the first instance which were pointed out by the defence in this grievance is not that the proceedings or that the judgement appealed be annulled because the appeal procedure is properly intended to remedy for such failings. The defaults mentioned by the defence do not amount to a substantial formality which bring about for a cancellation of the judgement according to Article 428(3) of the Criminal Code.

… omissis …

28. That in view of this, this grievance should be also upheld.

That thus the interpellant whilst referring to the proof all the submissions brought forward by them before the Court of First Instance reserve the right to bring forward all the other proof due to them according to law, demand with respect that this Honourable Court uphold this appeal and reform and vary the judgement appealed given by the Honorable Court First Hall (Constitutional Jurisdiction) on the 14th November, 2018, in the cause in the names premised in so far that it provided negatively to the Constitutional reference of the Requiring Court since the circumstances of the case do not represent any violation of the rights of Jason Spiteri in terms of Article 39 of the Constitution and/or of Article 6 of the European Convention, with costs of both instances against the respondent applicant.

Appellant: 

Attorney General, Office of the Attorney General, The Palace, Valletta

Commissioner of Police, Police General Headquarters, Misraħ San Kalċedonju, Floriana

Respondent: Jason Spiteri, Blk 1, Fl. 15, Triq San Ġwann, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, by the same Court hereunder indicated (GM) on the 1st October, 2019, in the records of the Sworn Application in the names Portelli Anna M. Dr vs Portelli Paul J. Dr, Application Number 587/19 (GM), the following publication was ordered for the purpose of service of the respondent Dr Paul J. Portelli, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court in the names Dott. Anna M. Portelli (ID 450268M) vs Dr Paul J. Portelli (ID 63780M) on the 14th June, 2019, the applicant Dott. Anna M. Portelli (ID 450268M) respectfully pleaded and asked:

1. That the purpose of this cause is that it be declared and decided that the applicant has a share of the property which was acquired solely in the name of the defendant, whilst in reality it was intended that at least it be acquired as to one half each and financed by her personal funds.

2. That the applicant and the defendant are passing through a cause of personal separation (Sworn Application Number 252/16 (AGV). There was declared between them the separation of estate, saving the termination of the community of acquests.

… omissis …

9. That without prejudice to the premised and alternatively, it is a case that the Court declare a state of constructive trustee in terms of Art. 33 of Cap. 331 whereby the defendant be declared trustee of the applicant and who is holding as her trustee one half undivided of these assets.

11. That it results that from December 1992 and thus prior to marriage the applicant started to pay and continued to pay these funds and assumed responsibility also for bank debts in solidum with the defendant.

… omissis …

Thus she asks the defendant to state why this Honourable Court should not:

1. Declare that the contract dated 31st December, 1992, when Paul Portelli signed the contract published before Notary Dott. Peter Carbonaro for the purchase of two plots as described in the contract annexed and marked Doc. AP1 as presta nome and fiduciary namely on behalf of the plaintiff and uphold the other demands in the application that the publication of the oportune contract be made so that it be declared that the plaintiff also with the defendant purchased the same plots which are thus the property of them both and whereby there be transferred to the plaintiff one half of all the immovable assets above mentioned.

With costs against the defendant Paul Portelli who is also summoned so that a reference to his evidence be made.

The Sworn Application in the names Portelli Anna M. Dr vs Portelli Paul J. Dr, Application Number 587/19 (GM), has been deferred for hearing to Thursday, 24th October, 2019, at 9.30 a.m.

Notify respondent: 4, Triq ir-Raħeb, Ħal Tarxien

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court by the Court herein mentioned (LM) on the 3rd October, 2019, in the records of the Counter Warrant in the names Simonds Farsons Cisk plc (C 113) vs Micallef Joseph (ID 179863M) Micallef Maria Rosaria (ID 313167M) the following publication was ordered for the purpose of service of the respondents Joseph Micallef (ID 179863M) and Maria Rosaria Micallef (ID 313167M) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court, following the Warrant of Seizure Number 1545/2018, issued on the 5th October, 2018, in the names Simonds Farsonds Cisk plc (C 113) vs Micallef Joseph (ID 179863M) and Micallef Maria Rosaria (ID 313167M) on the 18th June, 2019, the applicant Simonds Farsons Cisk plc respectfully pleaded:

That this Court ordered the issuing of the opportune counter warrant for the reason undermentioned.

Reason. Since there was no interest in the vehicle and was not sold and only costs are being accumulated.

Sgd Advocate Maria Karlsson       Sgd PL Louisa Tufigno

Debtors: 

Joseph Micallef, 193, Puck, Triq Ponsonby, Mosta

Maria Rosaria Micallef, 193, Puck, Triq Ponsonby, Mosta

Transport Malta, Triq Pantar, Ħal Lija

Randolph Cauchi, 55, Blu, Triq Santa Katerina, Ħ’Attard

Counter warrant

Republic of Malta

Counter Warrant

To the Court Marshall

Whereas the above application was presented and there recur the elements required by law for the undermentioned orders.

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 First all with the witness of Hon. Mr Justice Robert G. Mangion LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th April, 2019, of the Civil Court First Hall in the records of judicial letter number 556/19, in the names Carmela Cilia vs White Power Co. Ltd, the following publication was ordered for the purpose of effecting service on the respondent company White Power Co Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To White Power Co Ltd (C 16215) of 91, Triq San Ġużepp, Ħal Luqa

By the present Carmela Cilia (ID 797951M) of Il-Bejta, Vjal l-Indipendenza, Mosta refers to your judicial letter of the 8th February, 2019, which erroneously referred to 2018, and by this present solicits you to desist from continuing to make unfounded allegations to the interpellant.

i. By the present she informs you that it is not true that you and the interpellant are the owners of undivided property and you ought to know that you are owners of divided properties and this as results from a deed of division entered into between the siblings Cilia on the 6th July, 2009;

ii. By the present she refers you also to your deed of acquisition of the 5th October, 2009, where you acquired a divided share of the property at Ta’ Mentna, Triq is-Sejba, limits of Mqabba;

iii. In addition, with reference to the part where you refer to the wall which according to you had to be built between the applicant and yourself, you ought to acknowledge that this obligation, which according to you results from the deed of 5th October, 2009, in no manner binds the applicant and this since contracts bind only the parties and have no effect other than on the parties themselves. 

You know that you have been occupying abusively the divided share of the interpellant and without title for these last eight (8) years and the interpellant has been informing you to remove your belongings which still occupy her divided share for all this time.

This action has let to loss of rent at market value and this to the prejudice of the applicant. 

Every day equates to a loss of €50 by way of rent.

With respect to the opening, you are informed that this was done in the applicant’s property and it is not true that there is access to third parties and accordingly your allegations are unfounded in fact and at law. 

You are also aware that there is rubble which is hindering access to any third party, which rubble has been created by you in the applicant’s property without her consent and to her detriment and this besides the fact that you have given access to a third party to deposit rubble and other equipment in the property of the applicant, and this abuse is still onging till today. 

Accordinly you are being solicited to:

i. Immediately desist from making further claims;

ii. Vacate from the applicant’s property;

iii. Remove any encumbrance, equipment, dust, rubble, garbage and other item or movable from the divided share property of the applicant; 

iv. Come forward for the liquidation and payment of damages caused to the interpellant because of the illegal and abusive use of the property belonging to the interpellant.

And this within ten (10) days from the notification to you of this letter.

So much for your own guidance.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, by the Court herein indicated (LM), on the 30th September, 2019, in the records of the Sworn Application in the names Zerafa Brady vs Hall Wayne et, Application Number 800/19 (LM), the following publication was ordered for the purpose of service of the respondent Wayne Hall, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall in the names Brady Zerafa (ID 362988M) vs Wayne Hall (ID 51290M) and Elmo Insurance Limited (C 3500) on the 14th August, 2019, the applicant Brady Zerafa (ID 362988M) asked this Honourable Court:

1. To declare and decide that the defendant Wayne Hall is responsible for the incident which occurred on the 14th April, 2017, in Triq Telgħet Raħal Ġdid, Raħal Ġdid, described in the application whereby in which incident the applicant Brady Zerafa suffered a permanent disability and uphold the other demands in the application whereby it is declared that the defendant company Elmo Insurance Limited is responsible in solidum with the defendant Wayne Hall for all the damages suffered by the applicant as a consequence of the same incident and this in terms of Cap. 104 of the Laws of Malta and that there be liquidated the damages and the defendants be condemned in solidum between them to pay the damages.

With costs and legal interests against the defendants summoned so that a reference to their evidence be made.

The Sworn Application in the names Zerafa Brady vs Hall wayne et, application Number 800/19 (LM), has been deferred for hearing to Wednesday, 6th November, 2019, at 9.00 a.m.

Respondents: 

Wayne Hall, 22, Triq l-Oratorju, Senglea

Elmo Insurance Limited, Head Office, Triq l-Abate Rigord, Ta’ Xbiex

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 18th September, 2019, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Giorgio Armani S.p.A. it was ordered that deputy curators be chosen to represent Khair Information Consultant Limited and Elfarouk Commerce International, in the records of the Sworn Application 873/2019 MCH, in the names Advocate Dr Luigi A. Sansone 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 Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatory of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan, Italy vs deputy curators to represent 1) Khair Information Consultant Limited foreign company with indication of address of Room 2912 Yian Plaza Nbo 33 Jianshe Liu Road Yeuxiu District Guangzhou China and (2) Elfarouk Commerce International, a foreign company with indication of address of Imm Pacha Centre 75 AV.Kheireddine, Pacha Bloc C2 Eme Etage Apt. C6 Montplaisir 1073-Tunis in Tunisia on the 13th September 2019, the applicant Advocate Doctor Luigi A Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan Italy, asked this Honourable Court:

1.To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of pairs of sports shoes (in packaging plastic material) which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company and duly registered as UE trademarks with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966, 000504258, 015743842, 001705185, 001705144 and 015620388 respectively, which objects are all presently held under the authority of the Director General (Customs) after he found that the container TCLU6567767 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered UE trademarks with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966, 000504258, 015743842, 001705185, 001705144 and 015620388 respectively;

2. Declare that the same objects and namely a quantity consisting of pairs of sports shoes (in plastic packaging material) which all of them have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as UE trademarks with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966, 000504258, 015743842, 001705185, 001705144 and 015620388 respectively are falsified objects; 

3. Order the Director General (Customs) to detstroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual distruction, to the attendence of the distruction and to the removal of the waste generated from the same distruction.

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

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan Italy 84-85; Triq Melita, Valletta VLT 1120

Notify defendants: Deputy Curators to represent (1) Khair Information Consultant Limited foreign company with indication of address of Room 2912 Yian Plaza Nbo 33 Jianshe Liu Road Yeuxiu District Guangzhou China and (2) Elfarouk Commerce International, a foreign company with indication of address of Imm Pacha Centre 75 AV.Kheireddine, Pacha Bloc C2 Eme Etage Apt. C6 Montplaisir 1073-Tunis in Tunisia

Courts of Justice, Valletta (two copies)

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. Mr. Justice Anthony Ellul LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st October, 2019, of the Civil Court First Hall in the records of judicial letter number 1734/19, in the names GasanMamo Insurance Limited vs Alexander Alexandrovitch Golovkin, the following publication was ordered for the purpose of effecting service on the respondent Alexander Alexandrovitch Golovkin in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Alexander Alexandrovitch Golovkin (ID 533514L) of 34, Triq Sant’Antnin, Tas-Sliema and/or 3, Davidof Court, Flat 10, Triq il-Mulett, San Pawl il-Baħar

By the present GasanMamo Insurance Limited (C 3143) of Triq l-Imsida, Gżira whilst making reference to the car accident which occured on the 16th February, 2019, in Triq Ġorġ Borg Olivier, San Ġiljan, and in which you were involved whilst driving the vehicle with registration number JDM 246, insured by you with the interpellant, states for all the purposes and effects of Law, that you were not covered by the relative insurance policy because you breached various conditions of the same policy amongst which the fact that it is clear that you were drunk at the time of the accident de quo and this without prejudice to any other breaches of the conditions of the relative policy that may result.

Thus, while you are invited to defend personally your position in the procedures Mariano Guarrera vs Alexander Alexandrovitch Golovkin (Arbitration Number 5652/2019) the interpellant is from now reserving its position in your regard according to law, and in case that these procedures are decided against you such that it is obliged to make any payment on your behalf in terms of Cap. 104 of the Laws of Malta in favour of the third parties involved, it is from now reserving its position on your behalf, according to law and to proceed against you for the recovery of the amounts that it was obliged to pay to third parties in connection with this case and this besides the costs and interest according to law.

Thus the interpellant solicits you so that within three (3) days you come forward for the assumption of responsibility for any payment that may be liquidated as damages suffered by third parties in the accident de quo and all the relative costs.

This judicial letter is being made for all the effects and purposes of law and in particular but not limitedly to interrupt prescription and in terms of Cap. 12, Cap. 16 and Cap. 104 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th July, 2019, of the Civil Court First Hall in the records of judicial letter number 3631/18, in the names United Acceptances Finance Limited vs Ryan Schembri et, the following publication was ordered for the purpose of effecting service on Ryan Schembri in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Ryan Schembri (ID 450878M) of 2, Sebħa, Triq il-Qortin, Mellieħa and Angie Schembri 

By the present United Acceptances Finance Ltd (C 360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, reference is made to the 21 bills of exchange signed and accepted by you, which bills of exchange lapsed and not paid for, copies of these bills of exchange are here attached and marked with numbers 40 till 60.

The interpellant calls upon you so that within two (2) days you pay the sum of €19,648.06 value of bills of exchange above mentioned, as well as the legal interest from the due date of each bill of exchange till the date of effective payment.

In default of payment, the interpellant is informing you that it shall further proceed against you according to law, without further notice.

So much so that you may know how to regulate yourself and avoid further costs.

You are informed that you have the right to oppose the execution of these bills of exchange by means of an application that has to be made within twenty days from the service of this letter to you of this judicial act and this in terms of article 253 Cap. 12 of the Laws of Malta.

The judicial act is being made to render the said bills of exchange executable in terms of article 256(2) Cap. 12 of the Laws of Malta.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Carmelo Borg (ID 567257M) filed an application under oath (No. 219/19AGV) demanding corrections in his Act of Birth certificate, 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,

ĊETTINA GAUCI

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd September, 2019, Application number 1675/2019, by Stephen Sultana and Linda Said whereby they requested that it will be declared open in their favour in the quota of one half (1/2) undivided share each one of them the succession of their mother Elizabeth Morrison Sultana, widow of Giovanni Maria Sultana, daughter of James Armstrong Stenhouse and Helen Clifford née Ritchie, born in Gilmerton Edinburgh, Scotland, resided in Mosta, Malta and died in Tal-Qroqq, Msida, Malta on the 21st February, 2019, aged 84, and who held identity card number 0238405L.

Wherefore any person who believes 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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th September, 2019, Application number 1695/2019, by Stacy John Sghendo et whereby they requested that it will be declared open in favour of Stacy John Sghendo, husband of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Jonah and Jamie siblings Sghendo, children of the decujus in equal shares between them the succession of Susan Marie Sghendo, wife of Stacy John Sghendo, daughter of Louis Mamo and Maria Lourdes sive Mary Mamo née Tanti, born in Canada, resided in Birżebbuġa, Malta and died in Chelsea, United Kingdom on the 3rd August, 2019, aged 46, and who held identity card number 207789M.

Wherefore any person who believes 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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th August, 2019, Application number 1283/2019, by Dr Marthese Grech as special mandatory of Olena Miroshnichenko Polisano whereby she requested that it will be declared open in favour of Olena Miroshnichenko Polisano the succession of her husband Giacomo Polisano, husband of Olena Miroshnichenko Polisano, son of Salvatore Polisano and Lidia née Schuprina, born in Trapani, Italy, resided in Irland and died at Isola Dei Liri, Italy on the 6th Ocotber, 2018, aged 71, holding identity card number 0494420M.

Wherefore any person who believes 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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th September, 2019, Application number 1555/2019, by Anthony Miceli Demajo, Maria Nathalie Strickland, Norbert Miceli Demajo and Herman Miceli Demajo whereby they requested that it will be declared open in their favour in the quota of one fourth (1/4) undivided share each one of them the succession of their mother Helen Clare Miceli, widow of Joseph Miceli, daughter of the late Michel Demajo and Yolanda Alexandra Caffari née Chisi, born in Zeitoun, Egypt, resided in Swieqi, Malta and died in Ħal Balzan, Malta on the 17th May, 2019, aged 96, who held identity card number 0381781M.

Wherefore any person who believes 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 Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court on the 12th September, 2019, following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent consegnetary Eurl Amel El Moustakbal Import Export, in the records of the Sworn Application 794/2019 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 The Football Association Premier League Limited of 30 Gloucester Place, London, WCU 8PL, UK vs deputy curators to represent the absent consegnetary Eurl Amel El Moustakbal Import Export of Blinda, Algeria, on the 12th September, 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company The Football Association Premier League Limited 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 until now unidentified number of tracksuits with the identical trademarks for – or that may be recognised from their essential aspect from those of –  (a) the company The Arsenal Football Club PLC duly registered as trademark with the European Unioen (EUTM) with the Office of Intellectual Property of the European Union (EUIPO) that is: the figurative mark with registration number 010295723 dated 9th March, 2012 (Doc. A1 attached) and (b) the company Manchester City Football Club Limited duly registered as trademark with the European Union (EUTM) with the Office of Intellectual Property of the European Union (EUIPO) that is: the figurative mark known as Manchester City 1894 Logo with registration number 015208291 dated 2nd September, 2016 (Doc. A2 attached); which are presently found under the authority of the Director General (Customs) after he suspended the release of the container with number APZU 4439177 containing the said merchandise, which are counterfit and contravene the rights of intellectual property to the companies The Arsenal Football Club PLC and Manchester City Football Club Limited represented by the applicant company and this by means of the nomination of experts for this reason;

2. Orders the Director General (Customs) to dispose from the said merchandise outside the channels of commerce, in such a a manner as to preclude any damage to the applicant company and the public consumer or order the Director General (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 Director General (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. Mr Justice Joseph R Micallef, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th June, 2019, Application number 984/2019 by Carmel sive Charles Duca whereby he requested that it will be declared open in his favour the succession of his wife Josephine Duca, daughter of the late Giorgio Gauci and Annunzjata Gauci née Saliba, born in Floriana, resided in Marsaskala and died in Tal-Qroqq, Msida, Malta on the 9th November, 2018, aged 82, who held identity card number 0620536M.

Wherefore any person who believes 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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th September, 2019, Application number 1708/2019, by Edgar Ruggier whereby he requested that it will be declared open in favour of Alfred, Edgar and Maria brothers and sisters Ruggier in the quota of one third (1/3) undivided share each one of them the succession of their sister Anna Ruggier, unmarried, daughter of Alfred Ruggier and Mary née Agius, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta and died in Ħaż-Żabbar, Malta on the 8th August, 2018, aged 79, and who held identity card number 0516139M.

Wherefore any person who believes 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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th September, 2019, Application number 1702/2019, by Emilio Sacco whereby he requested that it will be declared open in favour of Michelina Sacco and Julian Tabone in equal shares between them the succession of their sister Franġiska Tabone, unmarried, daughter of Joseph Tabone and Fortunata Tabone, born in Żejtun, Malta, resided in Mqabba, Malta and died in Mqabba, Malta on the 20th March, 2019, aged 74, and who held identity card number 1032644M.

Wherefore any person who believes 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 Courts and Tribunals

By means of a decree of the 10th May, 2019, given by the Civil Court First Hall in the records of judicial letter number 667/2019, in the names Registrar of Civil Courts and Tribunals vs Mifsud Chantelle, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Mifsud Chantelle of 68, Melody, Triq Don Luigi Rigord, Pembroke

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €120.00 due by you as Registry fees in connection with the law suit in the names:

Mifsud Chantelle vs Planning Authority (MCH) decided on the 24th October, 2018

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd October, 2019, of the Civil Court First Hall in the records of judicial letter number 2851/19, in the names Rebel Pengiun ApS vs Net Gaming Group Limited, the following publication was ordered for the purpose of effecting service on the company Net Gaming Group Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Net Gaming Group Limited (C 83212) of Mayfair Business Centre, Triq Santu Wistin, St Julians.

By the present Rebel Penguin ApS, a company registered in Denmark with official number 33375255 and with official address of 28, Nanasgade, 2200, Copenhagen, Denmark, solicits you so that within two days from this letter you pay the amount of €133,466.81 besides the legal interest with the highest rate permitted by law from the 25th July, 2019, till the date of effective payument, representing the amount due according to the constitution of debt contratt in the records and signed before Notary Kathleen Sare on the 25th February, 2019 (copy attached).

This judicial letter is being made in terms of article 256(2) of the Code of Organisation and Civil Procedure and thus, if you fail to pay the amount above mentioned together with legal interest in the time given to you, the interpellant company will proceed against you by issuing the executive warrants, and this without further notice and at your costs.

So much for your own guidance and to regulate yourselves.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 24th January, 2019, the publication of the following extract was ordered for the purpose of service on the defendant James Mifsud in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Edwin Scicluna (ID 230054M) and Mary Scicluna (ID 299056M) of 77, Triq Patri Magri, Marsa, filed a Claim on the 30th November, 2018, whereby they asked the Court to condemn James Mifsud (ID 277377M) of Villalba, Triq San Anard, Ħaż-Żabbar, to pay the plaintiffs the sum of €11,500 or any other amount representing the deposit paid to the respondent pursuant to the the promise of sale dated 12th January, 2018, to purchase the apartament number 5, Matcarm Flts, 84, Triq is-Sibbien, Marsaskala and this since the respondent never appeared on the final deed, which amount is due to the plaintiffs.

With costs and interest

The case (Notice Number 301/19VGA) is postponed to the 4th November, 2019, at 9.00 a.m.

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 1st October, 2019, following a request by Maryanne sive Mariam Vella it was ordered that deputy curators be chosen to represent the unknown owners of the groundrent in the acts of the schedule of deposit number 1805/2019 in the names Maryanne sive Mariam Vella 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 name Maryanne sive Mariam Vella wife of George Vella, housewife, daughter of the late Joseph Grima and Maria Stella née Debono, born on the 2nd September, 1947, and residing at 93, Triq San Girgor, Żejtun (ID 846547M) vs deputy curators to respresent the unknown owners of the groundrent, on the 27th September, 2019, the applicant Maryanne sive Mariam Vella, wife of George Vella, housewife, daughter of the late Joseph Grima and Maria Stella née Debono residing at 93, Triq San Girgor, Żejtun (ID 846547M) respectfully submitted:

That the applicant inherited the property that is the garage number 25 in Triq San Ġużepp, Żejtun and this as better described in the transfer of the emphyteutical concession of the 6th April, 1946, in the acts of Notary Doctor Giuseppe Sammut which transfer was made by a certain Simone Spiteri to Giuseppe Grima (Doc. A);

This property was part of the estate of the said Giuseppe Grima, son of Caremlo Grima and Agostina née Spiteri, born on the 8th December, 1908, and who was married to Maria Stella née Debono and resided at 82, Triq Santa Katarina, Żejtun, and died on the 28th August, 1986, at Boffa Hospital, Floriana;

The applicant is an heir of the late Giuseppe Grima and this according to the will and in the relative causa mortis declaration of the deceased Giuseppe Grima (Doc. B);

The applicant was assigned the garage in question, from the other co-owners and this by means of a deed of division dated 22nd January, 1997, in the records of Notary Doctor Pierre Cassar (Doc. C);

Subsequently, the heirs of the late Giuseppe Grima divided the inheritance by means of a division made in the records of Notary Doctor Piere Cassar dated 22nd January, 1997, where they divided the inherited assets between them and the applicant was assigned the garage in question (Doc. D);

According to the notarial searches it seems that the garage is subject to the annual and perpetual groundrent of Lm1.85 equivalent to €4.31 (Doc. C);

However, it also appears from the same searches that the said groundrent is sometimes listed as one amounting to Lm1.15.10 (Doc. E) (vide Doc. A/E). Although there is this discrepancy in the amount of groundrent, the redemption is being done by calculating against the highest amount mentioned and that is of Lm1.85 equivalent to €4.31 and this by way of maximum caution and protection of any interest which the direct owners have and/or may have;

Since this groundrent was imposed on two properties (on the adjecent house and on the said garage) and although in the division above mentioned (Doc. D) it seems that there was an attempt to divide the groundrent, the applicant is still going to redeem the said groundrent in the amount of €4.31 and this in adherance to article 1502 of the Civil Code, and this since the owners of the groundrent and/or their successors in title are not known because of the lapse of time and consequently also because it is impossible for the applicants in question to obtain the relative consent from the respective owners for the division of the groundrent;

For the purpose of article 1501(7)(d), a plan is being attached which indicates the site subject matter of this redemption (Doc. F);

The applicant is going to deposit also the arrears that may be due as groundrent for the last five years that amount to €21.55;

Consequently the redemption of the said groundrent amounts to €86.20 which sum results after the amount of the annual and perpetual groundrent of €4.31 is capitalised at the rate of 5% in terms of the article which regulates such redemption, article 1501(2) of the Civil Code;

The applicant wishes (a) to avail herself of this schedule of deposit to pay the arrears which may be due and namely those equivalent to the last five (5) years and (b) to avail herself of the option given to her in Article 1501 of the Civil Code to redeem the said groundrent of the garage above mentioned.

Thus the applicant is calling upon this Honourable Court and under its authority:

1. In the first instance and to avoid useless costs, is depositing the amount of €21.55 representing the arrears of the groundrent arrears which may be due and which are equivalent to five (5) years so that they will be freely withdrawn by whom has a right to them and after leaving the relative receipt;

2. In the second instance to avoid useless procedures, deposit the amount of €86.20 representing the redemption of groundrent, which sum is to be freely withdrawn by who has a right to them against evidence of their title to the Registrar of Court and after leaving the relative receipt.

And accordingly, the obligation of payment of groundrent as above mentioned will no longer exist.

Notification: Deputy curators, Law Courts, Valletta

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta

Registrar of Lands, 116, Casa Bolino, Triq il-Punent, 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 Joseph Zammit Mckeon, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 8th of October, 2019, given on an application of Joseph Vella, filed on the 1st of July, 2019, in the records of application number 1105/2019 wherein it was ordered the publication of the inventory of the estate of the late Maria Meli (ID 589424M), widow of Arturo Meli, daughter of the late Nazzareno Grima and Victoria née Psaila, born at Paola and died on the 17th of October, 2018, aged 94 years. 

This publication is going to be held on Wednesday, the 27th of November, 2019, at half past four in the afternoon (16:30) at 44, Triq Ħal Luqa, Paola under the ministry of Notary Dr Carmel Gafà.

CARMEN SCICLUNA

For the Registrar, Civil Court and Tribunals

By means of a decree on the 23rd September, 2019, in the records of judicial letter number 2343/19, in the names Mapfre Middlesea plc et vs Unique Turnkey Ltd, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Unique Trunkey Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Unique Turnkey Ltd (C 37841) of Unique Construction & Developers, Il-Boma, Triq il-Maddorbu, Mqabba

By the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana, and also Matthew Micallef (ID 22284M) for any interest he may have solicits you so that immediatly you pay the sum of €28,589.32 representing the price of a number of premia on insurance policy issued by the interpellant on your instructions according to two statements here attached and marked as Doc. A and Doc. B and also the legal interest from the date of each invoice as shown on the same statement till the date of effective payment.

If you do not abide with that requested within three days from the date of this present, the interpellant will have no alternative but to proceed further on your behalf at Court without further notice, including the issuing of the opportune warrants.

This letter is being sent for all the purposes and effects of law in terms of Cap. 12 and Cap. 16 of the Laws of Malta.

With costs of this present

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 8th May, 2019, following a request by One Fashion Limited it was ordered that deputy curators be chosen to represent  the foreign company Optidar Nigeria Ltd  in the acts of the judicial letter number 1618/2019  in the names One Fashion Limited vs Richard Abdurahamane Abdul pro et noe and Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 3rd May, 2019, One Fashion Limited (C 25655) with registered office Flat 1, Andrews Flats, Triq Ignazio Saverio, Birkirkara against Richard Abdurahamane Abdul (ID 81027A) and deputy  curators to represent the foreign company Optidar Nigeria Ltd, One Fashion Limited (C 25655) refers to the delivery of goods consisting of clothes, shoes, air conditioners, fridges and steel which delivery was made to you upon your request, and calls upon you to effect the payment of the amount due of €21,700.

That notwithstanding various calls by the plaintiff company, the defendants remained in default and the said amount has not been paid to date.

Therefore, you are being called upon to pay the amount of €21,700 within five (5) days from the date of this judicial letter.  In default, the plaintiff company will proceed against you according to law, without any further notice.

With legal costs and interests

The plaintiff company reserves its rights at law to take further judicial action.

Interpellant: One Fashion Limited, Flat 1, Andrews Flats, Triq Ignazio Saverio, Birkirkara

Respondents: Richard Abdurahamane Abdul (ID 81027A), 2 Peachhaven, Triq l-Antin, San Pawl il-Baħar and/or Camilleri, Flat 1, Triq l-Università, Rabat

Deputy curators to represent Optidar Nigeria Ltd of 63A, Marine Road Apapa, Lagos, Nigeria

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 Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 20th September, 2019, 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).

Fremond Limited (C 20339) of 96, Triq Spiteri Fremond, Ħal Qormi, filed a Claim on the 18th June, 2019, whereby they asked the Tribunal to condemn David John Lunn (ID 113841M) of Dolphin Court, Flat No. 9, Triq is-Sajjied, San Pawl il-Baħar, to pay the plaintiff company the sum of €3,122.28 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 134/19PM) is deferred on the 6th November, 2019, at 12.30 p.m.

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 18th June, 2019, following a request by Lucy Zahra et it was ordered that deputy curators be chosen to represent the unknown respondents and/or unknown heirs in the acts of the schedule of deposit number 1117/2019 in the names Lucy Zahra et 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 name Lucy Zahra née Cini, widow of Victor Zahra, housewife, daughter of the late Salvatore Cini and Agnes née Camilleri, born in Birkirkara and residing in Gżira (ID 270243M); Rose Anne sive Rose Borg née Cini, widow of Edward Borg, housewife, wife of the late Salvatore Cini and Agnes née Camilleri, born and residing in Birkirkara (ID 186145M); Ludgarda Maria sive Ritchie Magro née Cini, wife of Mario Magro, housewife, daughter of the late Salvatore Cini and Agnes née Camilleri, born in Birkirkara and residing in Ħaż-Żabbar (ID 647847M); Carmelo sive Charles Cini, pensioner, son of the late Salvatore Cini and Agnes née Camilleri, born in Birkirkara and residing in Birkirkara (ID 165738M); Maria Theresa sive Marthese Cini née Aber, Senior Practitioner, daughter of the late Joseph Aber and Polly née Caruana, born in Ħamrun and residing in Swatar, Msida (ID 228853M) in her own name and as heir of her husband Francis Cini and also as procurator of Anna Rita Anderson née Cini, wife of Grant Anderson, Chairperson, daughter of the late Joseph Cini and Iris née Fenech, born in Żejtun and resides in Queensland, Australia (Maltese income tax number 889895608); Aaron Joseph Cini, carpenter, son of the late Joseph Cini and Iris née Fenech, born in Auckland, New Zealand and residing in Queensland, Australia (Maltese income tax number 889895806); Ray James Cini, storeman, son of the late Jospeh Cini and Iris née Fenech, born in Birkirkara and residing in Queensland, Australia (Maltese income tax number 889895707); and Racheal Iris Frank, chef, divorced from Leslie Wayne Frank, daughter of the late Joseph Cini and Iris née Fenech, born in Auckland, New Zealand and residing in Queensland, Australia (Maltese income tax number 889895905) vs deputy curators to respresent the unknown heirs of the late Giuseppe Borg, in business, son of the late Felice Borg and Anna Borg née Borg, born in Birkirkara, and also Carmelo Borg, Felice Borg, Anna Catania née Borg wife of Paolo Catania, Sister Maria of St Francis Saverio in civil life known as Elena, all children of the said Giuseppe Borg and Giuseppa Borg née Grech, born in Birkirkara, and also the unknown heirs of Ursola Borg née Abela, widow of Emanuel Borg, daughter of Carlo Abela and Giuseppa Scicluna, born in Mosta, and also to represent Giuseppe Borg, Charles Borg, Luigi Borg, Giovanna Borg, Maria Borg, Victoria Borg and Emmanuel Borg, all children of Emmanuel Borg and Usola Borg née Abela or the their unknown heirs, on the 14th June, 2018, the applicants Lucy Zahra née Cini, Rose Anne sive Rose Borg née Cini, Ludgarda Maria sive Ritchie Magro née Cini, Carmelo sive Charles Cini, Maria Theresa sive Marthese Cini née Aber, Anna Rita Anderson née Cini, Aaron Joseph Cini, Ray James Cini and Racheal Iris Frank respectfully submitted:

That by means of a deed of emphyteusis in the records of Notary Dr Giovanni Chetcuti dated 6th February, 1945, a true copy of which contract is here attached and marked as Doc. A, the predecessors of the applicants acquired the utile dominium of the premises with number 52 previously 23 with the adjacent garage number 50 in Triq Santa Marija, Birkirkara by title of emphyteusis from the respondents or their predecessors;

These premises are subject to the annual and perpetual groundrent of Lm3.37,5 which groundrent is equivalent to €7.86;

The applicants, as the heirs of the original utile dominium, wish to avail themselves of the option given to them by law in terms of article 1501 of Cap. 16 of the Laws of Malta and redeem the said groundrent in terms of the same law;

That the groundrent of €7.86 capitalised at the rate of 5% amounts to €157.20;

As a reusult of this lack of knowledge regarding the existence and/or the identity of the direct owner of the premises, and that is of the heirs of the original direct owner, regarding the same premises, there are arrears in the payment of the groundrent and these for the last five years, which arrears amount to €39.30, which amount was not paid during the last five years because the applicants did not know who the legal heirs of the deceased are;

Concurrently with this application, an application for the nomination of deputy curators to represent the unknown heirs of the original direct owners has been filed, because there is no other way to know who they are.

Thus in view of the above, the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €196.50 representing both the amount due for the arrears of five years groundrent and the redemption of the said groundrent according to law so that it may be freely given to the respondents or any one of them after leaving the relative receipt according to law.

Depositors: 59, Triq Ġużè Ellul Mercer, Swatar, Msida

Notification: Deputy curators, Law Courts, Valletta

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta VLT 2000

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. Mr Justice Robert G. Mangion, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 4th September, 2019, in the records of the Application in the names HSBC Bank Malta p.l.c. (C 3177) vs Kathleen Elizabeth Jablonski (ID 0175605L) and Marc Stephan Jablonski (ID 033354A), Application Number 638/2019 AF, the following publication was ordered for the purpose of service of the respondent Marc Stephan Jablonski, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court First Hall, in the names HSBC Bank Malta p.l.c. (C 3177) vs Kathleen Elizabeth Jablonski (ID 0175605L) and Marc Stephan Jablonski (ID 033354A) on the 27th June, 2019, the applicant company HSBC Bank Malta p.l.c. in terms of Article 258(c) of Cap. 12 of the Laws of Malta, respectfully pleaded:

That by means of a contract of constitution of debt in the records of Notary Doctor Nicholas Briffa of the 20th July, 2007, the respondents were confirmed debtors of the applicant Bank and this as results from the contract Doc. HSBC1;

That despite that there passed various years from the day of the preceeding contract and despite that payments were made in the years 2007 and 2010, there is still a substantial balance due to the applicant bank;

That there passed more than five years from the date of the same contract and the applicant company is by the present demanding authorisation of this Honourable Court in terms of Article 258c of Cap. 12 of the Laws of Malta and in and in order to execute this same title against the respondents for the balance still due.

Thus the applicant bank respectfully prays that this Honourable Court authorise the applicant company to pass the exeution of this same executive title above mentioned since there passed more than five years from the date of the same contract and the debt is not all settled and this in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

Applicant: 32, Triq il-Merkanti, Valletta

Notify respondent: Schembri Court, Flat 1, Triq il-Qrendi, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 7th October, 2019, in the records of the Warrant of Eviction in the names Marcus John Scicluna Marshall vs Saviour Attard, Warrant Number 1184/19, the following publication was ordered for the purpose of service of the respondent Saviour Attard, 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 (Applicant) Marcus John Scicluna Marshall (ID 617564M) as Administrator of the property of the deceased Marquis John Scicluna vs (Respondent) Saviour Attard (ID 1040244M) on the 2nd September, 2019, the applicant Marcus John Scicluna Marshall 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: Apartment internally marked with number four (4) forming part of a block of apartments with number twenty-two (22) in Triq il-Foss, Vittoriosa

Judgement: In view of a judgement of the 14th February, 2019, number 931/2018 LSO, which became res judicata.

Filed by PL Silvana Vella

Warrant of Eviction

Republic of Malta

To the Court Marshall

 Whereas in virtue of the judgement given by this Court, as mentioned in the above application, there is the order for eviction of the respondent from the premises abovementioned.

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 First Hall with the witness of the Mr Justice Noel Cuschieri, LLD, Mag. Juris (Eur Law).

Applicant: Marcus John Scicluna Marshall, 2, Balluta Bldgs, Fl. 7, Triq il-Karmelitani, St Julian’s

Respondent: Saviour Attard, 171, Flat 8, Triq San Duminku, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Commercial Section) on the 23rd September, 2019, in the records of the Sworn Application in the names Naudi Antoine Av. Noe vs Aiolos Invest Holding Ltd, Application Number 17/2019 JZM, the following publication was ordered for the purpose of service of the respondent company Aiolos Invest Holding Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Commercial Section) in the names Av. Antoine Naudi (ID 448570M) as special mandatary of Andreas Strime Christensen, holder of Norwegian Passport with number 30349816 in his capacity as trustee appointed by Asker asnd Baerum District Court in Norway, of the property or rather estate of the defunct Thor Stian Kennedy Normann vs Aiolos Invest Holding Ltd (C 86167) on the 4th July, 2019, the applicant Advocate Antoine Naudi (ID 448570M) in his capacity premised asked in view of that premised in the Application in terms of Article 402 of Cap. 386 of the Laws of Malta, so that this Honourable Court:

1. Declare for the reasons mentioned in the application that the omission of the respondent company to register the applicant as its sole shareholder with the Registrar of Companies in Malta, on the basis of his appointment dated 25th January, 2019, with Asker and Baerum District Court in Norway is causing and shall probably continue to cause the interpellant prejudice unjustly (unfairly prejudicial) in terms of Article 402 of Cap. 386 of the Laws of Malta and uphold the other demands in the application amongst which that Andreas Strime Christensen, holder of Norwegian passport 30349816, in his personal capacity, be authorised to sign any document demanded by the Registrar of Companies in Malta, in particular those called Form K and Form T, in order to give effect to the demands mentioned in the application.

With costs

The Sworn Application in the names Naudi Antoine Av. Noe vs Aiolos Invest Holding Ltd, Application Number 17/2019 JZM, has been deferred for hearing to Tuesday, 29th October, 2019, at 9.00 a.m.

Applicant: Av. Antoine Naud noe , Flat 14, Marina Court, Triq Abate Rigord, Ta’ Xbiex

Respondent: Aiolos Invest Holding Ltd, 29, Triq Santa Marija, Birkirkara

ADV. FRANK PORTELLI, LLD 

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on the 11th of October, 2019, the Small Claims Tribunal (Gozo) ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Patrick Mercieca of ‘Ta’ Rellu’, Triq il-Madonna tal-Karmnu, Victoria, Gozo.

Angelo Cauchi (ID 51758G) of Nawrat, Triq il-Knisja, Għarb, Gozo filed a claim in the Small Claims Tribunal (Gozo) – Case number 9/2019 in re “Angelo Cauchi vs Patrick Mercieca” – on the 27th of February, 2019, wherein it requested the Tribunal to condemn the defendant Patrick Mercieca to pay plaintiff the amount of €1,899.42 in connection with woodworks in defendant’s property, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 29th of November, 2019, at 11.00 a.m.

DANIEL SACCO

For the Registrar

Notice Registry of the Civil Court, First Hall

Whereas John Pullicino sive John Pollard (Passport No: 521383535) filed an application under oath (No. 332/2019/JVC) demanding the correction of the Act of Birth No: 5419/2019 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,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals