Court Notices published in Govt. Gazette No. 20,593 of 23rd March 2021

By a decree of the Small Claims Tribunal of the 13th November, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

CKV Central Ltd (C41316) of Hard Rocks Business Park, Triq Burmarrad, Naxxar, filed a Claim on the 16th July, 2020, whereby they asked the Tribunal to condemn Trevor Diacono (ID 54682M) of 50, Amery Court, Fl 15, Triq Amery, Tas-Sliema, to pay the plaintiff company the sum of €845.23, which amount is due to the plaintiff company.

With costs

The case (Claim number 160/2020KCX) is deferred on the 19th April, 2021, at 12.45p.m.

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 December, 2020, Application number 1618/2020, by Gorga sive Giorgina Muscat whereby she requested that it will be declared open in favour of the same Gorga sive Giorgina Muscat, wife 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 Francis sive Franco Muscat and Alexandra Debrincat in the quota of one fourth (1/4) undivided share each one of them the Succession of Joseph Muscat, husband of Gorga sive Giorgina Muscat, son of the late Carmel Muscat and Frances nèe Spiteri, born in Birgu, Malta, resided in Ħaż-Żabbar, Malta, and died in Msida, Malta, on the 26th July, 2020, aged 83 and who held identity card number 0419337M.

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 1st February, 2021, Application number 168/2021, by Anthony Formosa whereby he requested that it will be declared open in favour of Anthony, George, Joseph, Salvino and Carmen brothers and sisters Formosa in the quota of one fifth (1/5) undivided share each one of them the Succession of their father Paul Formosa, husband of Maria Formosa, son of Carmelo Formosa and Victoria Formosa nèe Debattista, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta, and died in Tal-Pietà, Malta, on the 11th July, 1970, aged 31, and who held identity card number 388039M.

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 Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th February, 2021, Application number 320/2021 by Francis Abdilla whereby he requested that it will be declared open in favour of Francis Abdilla, Anthony Abdilla, Isabelle Cassar and David Abdilla children of the decujus in the quota of one fifth (1/5) undivided share each one of them and in favour of James Abdilla and Arielle Agius children of the late Victor Abdilla the latter son of the decujus in the quota of one tenth (1/10) undivided share each one of them the Succession of Elena sive Helen Abdilla nèe Galea, widow of Vincent Abdilla, daughter of Francesco Galea and Giovanna Galea nèe Felice, born in Tas-Sliema, Malta, resided in San Ġiljan, Malta, and died in Msida, Malta, on the 13th December, 2020, aged 93, and who held identity card number 0606827M.

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 Court and Tribunals

By means of a decree given by the Court of Appeal, on the 22nd December, 2020, in the records of the Application of Appeal 1/2018/1, in the names John Burke Cooney vs Lot Polish Airlines S.A. the following publication was ordered and for all intents and purposes it is being declared that it is being made in the English language because the proceedings before the Tribunal were held in the English language and so that this publication serves as a notification in regard to the applicant/respondent John Burke Cooney, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Appeal Application, presented, in the Court of Appeal(Inferior Jurisdiction) after a decision of the Small Claims Tribunal numbered 1/18 CZ dated 19th September, 2019, in the names John Burke Cooney versus Lot Polish Airlines S.A. on the 9th October, 2019, the applicant Lot Polisah Airlines S.A. as represented by ts special mandatory Advocate Doctor Nigel Micallef (ID 338495M) humbly submitted:

1. That this is an Appeal Application from the decision of the Small Claims Tribunal (The Tribunal) dated 19th September, 2019, in the case number 1/18 CZ in terms of Regulation (EC) 861/2007, establishing a European Small Claims Procedure and h Montreal Convention of 1999, (the Montreal Convention);

3. That the appellant company is also filing contemporaneously a separate application to request this Honourable Court to allow the admission of a documentary evidence to be considered;

Preliminary Facts

4. That the claimant is an Italian national and allegedly resident in Malta and this based upon the claimant's European Small Claims Procedure Claim Form (Form A);

5. That the claimant when travelling with the appellant company from Warsaw, Poland to Tallinn, Estonia, on the 10th January, 2018, had his baggage delayed for approximately 24 hours;

7.That the claimant on the 21st February, 2018, filed a claim before the Tribunal against the appellant company for €1,424 for damages resulting from delayed baggage under the Montreal Convention;

11. That the claimant did not inform the Tribunal that he had already received 500 USD from the appellant company for the delayed baggage incident in terms of the Montreal Convention of 1999;

12. That the Tribunal on the 19th September, 2019, decided that the claimant's claim is only partially valid and awarded the amount of €400 together with interest to be paid by the appellant company;

14. That the appelants' grievance is clear and manifest and subsits in the following grievances of the appeal,

A. The decision of the Tribunal exceeds its jurisdictional bondaries;

15. That and by way of a preliminary ground of appeal, the appellant company submits that the Tribunal did not have jurisdiction to hear and decide the claimant's claim in Malta under the Montreal Convention, more specifically Article 33(1) of the same Convention;

17. There is no connecting factor linking the incident of the delayed luggage to Malta. This based on the fact that the appellant company is not domiciled in Malta and has no principal business in Malta and that the place of destination was Tallinn, Estonia not Malta;

18. That the claimant has based all of his arguments on the basis of the applicability of the Montreal Convention, accordingly the Montreal Convention should be applied in its totality;

24. That accordingly in terms of Articles 67 and 71(1) of the Brussels 1 Regulation, the Tribunal had to decline jurisdiction under the Brussels 1 Regulation and only apply the respective provisions on jurisdiction of the Montreal Convention;

27. That the Tribunal decided upon the provisions of the Montreal Convention and never considered Article 33(1) of the Montreal Convention,

B. The prohibition of double indemnity in terms of compensation;

28. That without prejudice to the above preliminary ground of appeal, the claimant has already received the due compensation for the claim by his insurer;

29. That if the judgement of the Tribunal is allowed to take effect the claimant would be allowed to abuse of our judicial process and enrich himself unjustly to the detriment of the appellant company.

Therefore, the appellant company while it makes reference to the evidence produced and which may be accepted at this stage humbly demands that this Honourable Court, save for any declaration order it deems fit in the circumstances reform the decision delivered by the Tribunal on the 19th September, 2019, by cancelling and revoking the same decision based on the grounds of appeal stipulated above.

Whereas by means of a Notice of hearing issued by the Court of Appeal on the 19th October, 2020, and whereas the proceedings in the cause before John Burke Cooney vs Lot Polish Airlines S.A. have been closed the Court has appointed Wednesday eleventh (11th) of November, 2020, at 11.40 a.m., and deferred to the 17th March, 2021, at 9.00 a.m., and deferred to the 28th April, 2021, at 9.00 a.m.

Notify Applicant/Respondent: 28-30, Misraħ ir-Repubblika, Żurrieq

Registry for the Superior Courts (Appeals), today 17th March, 2021

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 5th January, 2021, following a request by Josette Agius Bonello et it was ordered that deputy curators be chosen to represent unknown owners in the acts of the schedule of deposit number 1981/2020 in the names Josette Agius Bonello et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent filed in the First Hall of the Civil Court, in the names Josette Agius Bonello (ID 82974M) and Grace Vassallo (ID 327265M) children of the late Joseph and Jane sive Joan Agiuse Bonello née Calleja, born in Ħ'Attard and residing in Rabat vs Deputy Curators to represent the vacant inheritance, filed on the 23rd December, 2020, the applicants Josette Agius Bonello and Grace Vassallo respectfully submitted:

That the applicants inherited the premises named Dragon House, in Triq il-Qalb Imqaddsa, Birkirkara, from their mother Jane sive Joan Agius Bonello née Calleja (ID 49940M) who died in August 2020;

That by means of a contract of division in the records of Notary Angelo Vella dated 15th July, 1983, the applicant's mother was assigned the tenement which she inherited from her parents, with the official number 64 previously 31 with the name Dragon House in Triq il-Qalb Imqaddsa, Birkirkara (copy attached and marked as Doc. A);

That the premises is better shown on the plan that is site plan (copy attached and marked as Doc. B);

That the land is subject to the annual and perpetual groundrent of €11.42 payable every year;

That on this premises a groundrent is imposed;

That the applicants wish to avail themselves from the option given to them in terms of article 1501 of Cap. 16 of the Laws of Malta and thus redeem the groundrent amounting to €11.42;

That the amount of €11.42 capitalised at the rate of 5% amount to €228.40;

Thus, the applicants humbly request this Honourable Court and under its authority deposit the total amount of €228.40 representing the price of the redemption of the annual and perpetual groundrent of €11.42 on the mentioned land so that it will be freely withdrawn by whom has the right to it according to law after leaving the relative receipt.

Applicants: Josette Agius Bonello and Grace Vassallo, 39 Cheshire Cat, Triq Robert Sammut, Tal-Virtù, Rabat RBT 2662

Notification: 1) Deputy Curators, Law Courts, Valletta

2) Director Public Registry, Triq id-Dejqa, Valletta

3) Director of Lands, Casa Bolino, 116, 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, above mentioned, with the witness of the Hon. Mr Francesco Depasquale, LLM, (IMLI) LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 26th Jannar, 2021, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on an application of Jason Axisa et it was ordered the selection of Deputy Curators to represent the successors in title of Carmelo Pace in the Schedule of Deposit Number 242/2021 and in other relative and subsequent acts where they requested:

That by means of a schedule of deposit and concurrent redemption of groundrent with number 65/2021 dated 14th January, 2021, the applicants redeemed the groundrent regarding the piece of developable land at Ħaż-Żabbar in a new unnamed street which abuts into another unnamed new street which abuts onto Carmel Street, which land has a surface area of about 276 sqm and is bounded on the East by the first mentioned new street in part and partly with the estate of Easysell Limited, from the south with the vendor nomine property and from the north in part with the vendor nomine and in part with a new road without name or more precise boundaries as subject to an annual rate of perpetual groundrent of two liri free and unencumbered from any other burdens, rights or appurtenances. The said land is marked as plot number 14 in a plan attached to a contract in the records of Notary Doctor Joseph Agius dated 22nd August, 1978, which land was acquired by Carmel Axisa, father of the applicants brothers and sisters Axisa during his marriage with Mary Grace Axisa née Magro from the power of the company Easysell Limited, by means of a contract of sale in the records of Notary Doctor Joseph Agius dated 8th November, 1979;

That instead of this property nowadays the Docile Block and Odeon Block are built which are situated on the corner with Triq il-Lembija and Triq Alessio Erardi, and the two blocks have a separate entrace accessible from Triq Alessio Erardi, with the two other maisonettes having a seprate entrance accessible from Triq Alessio Errardi and another maisonette with an entrance from Triq il-Lembija and an entrance to the semi-basement garages from Triq il-Lembija;

That by means of the same schedule of deposit holding number 65/2021 dated 14th January, 2021, the applicants deposited the amount of €23.30 representing the last five years arrears of groundrent;

That by means of this schedule of deposit the applicants are depositing another amount of €23.30 representing another five years groundrent arrears for the years 2012, 2013, 2014, 2015 and 2016;

That the directus dominus or the successors in title are unknown and will therefore be represented in the acts of this schedule of deposit by the deputy curators.

Thus, the applicants in view of the above and to exempt themselves from any responsibility, are humbly calling upon this Honourable Court and under its authority are depositing the amount of €23.30 representing 5 years groundrent arrears for the years 2012, 2013, 2014, 2015 and 2016 so that it will be freely withdrawn by whom has the right to it after leaving the relative receipt according to law.

Applicants: 1) Jason Axisa, Ħal Sagħtrija, Block C, Flat 2, Triq is-Sagħtrija, Żebbuġ, Gozo

2) Beverley Baldacchino, Number 81, Flat 1, Vjal l-Indipendenza, Żurrieq

3) Janelle Cassar, Number 29, Triq il-Karmelitani, Fgura

Notification: Deputy Curators, Law Courts, Valletta, nominated to represent the successors in title of Carmelo Pace

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Caroline Farrugia Frendo BAL, LLD, M. Jur (Int. Law) Doctor of Laws, Magistrate of the above mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th January, 2021, Application number 148/2021, by Carmela Agius et whereby they requested that it will be declared open in favour of Carmela Agius, Giovanna Buhagiar and Maria Assunta Cortis, sisters of the decujus and in favour of Charles John Bartolo and Gerald Joseph Bartolo nephews of the decujus, in the quota of one fifth (1/5) undivided share each one of them the Succession of Nazarena Bartolo, unmarried, daughter of the late Carmelo Bartolo and Antonia née Camilleri, born in Mosta, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 23rd February, 2020, aged 80, and who held identity card number 236239M.

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 Court and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Giuseppe d'Aniello (Italian Identity Card CA61154AK) filed an application under oath (No. 44/21 AL) demanding Corrections of the Act of Birth of the minor Pedro Fabian Rodriguez Coste, Progressive number of the entry 5211/2020 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,

Marilyn Bugeja

For Registrar, Civil Courts and Tribunals