Court Notices published in Government Gazette No. 21,082 of 7th July 2023

It is hereby notified that by virtue of a decree issued on the 19th of June, 2023, delivered by the Court of Magistrates (Gozo) Superior Jurisdiction, Family Section, in the acts of application number 23/2023, application by Josette Chetcuti, identity card number 226373M, filed on the 15th of May, 2023, the publication reproduced below of the same application was ordered, and this in order to serve as a notification with regard Melanie Sciberras, identity card number 493093M, whose address is unknown to the applicant, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo)

Superior Jurisdiction, Family Section

Application number 23/2023, (SG)

General Application of Josette Chetcuti, daughter of the late Valentino Chetcuti and Paulina Chetcuti née Cini, born in Tal-Pietà, Malta, on the second (2nd) of May of the year one thousand nine hundred and seventy-three (1973), residing in Nadur, Gozo, and holder of identity card number 226373M.

Respectfully submits:

Whereas the applicant is Josette Chetcuti, daughter of the late Valentino Chetcuti and Paulina Chetcuti née Cini, born in Tal-Pietà, Malta, on the second (2nd) of May of the year one thousand nine hundred and seventy-three ( 1973), residing in Nadur, Gozo, and holder of identity card number 226373M. For all intents and purposes, the applicant is presenting a true copy of her identity card attached herewith and marked as Doc. A;

Whereas the applicant is filing this application in relation to her grandson  … omissis …, who was born in … omissis …, today he is … omissis … years old and is the holder of identity card number  … omissis …. For all intents and purposes, a copy of the birth certificate of … omissis … is herewith attached and marked as Doc. B;

Whereas, according to the same birth certificate (Document B) the child … omissis … is  recorded as being the son of Karl Darmanin and Melanie Darmanin née Sciberras (at present  Melanie Sciberras);

Whereas Karl Darmanin is holder of identity card number 544179M, while Melanie Darmanin (at present Melanie Sciberras) is holder of identity card  number 493093M;

Whereas the same Karl Darmanin and Melanie Darmanin (at present Melanie Sciberras), were married in the Public Registry of Malta on the twenty-sixth (26th) of September of the year two thousand and fifteen (2015). But they separated on the twenty-fifth (25th) of March of the year two thousand  and twenty-one (2021), and this through a deed of personal separation drawn up in the records of the Notary Dr James Grech. A copy of the same deed is herewith attached and marked as Doc. C;

Whereas in the same deed of personal separation (Doc. C) Karl Darmanin and Melanie Darmanin (at present Melanie Sciberras) declared the following:

“6. Appearers spouses Darmanin agree and concur the following in relation to the child … omissis …:

i. Whereas the Husband is not the natural father of the child … omissis … and in fact the Wife will initiate proceedings before the Civil Court (Family Section) in order to  regulate this position so that the child will be recognized by his natural father. Therefore, the Husband will not provide maintenance to the child   … omissis …,

ii. Appearer, the Husband, accepts that the Wife alone assumes all responsibility and  exclusive authority of the parents (patria potestas) over the child … omissis … in the most extensive and absolute manner and is authorized to take any decision, ordinary and extraordinary, regarding the said child, and therefore the exclusive care and custody of the child … omissis … should be entrusted to the appearer the Wife";

Whereas therefore, the care and custody and authority of the parent over the child … omissis … has been entrusted exclusively to Melanie Sciberras;

Whereas Melanie Sciberras is the applicant's daughter. For all intents and purposes applicant is presenting a family tree of the parties, marked as Doc. D;

Whereas Melanie Sciberras, has presently absolutely abandoned the child and this behaviour  is not the first time it occurred. In fact, the last time that Melanie Sciberras made contact  with the child was when for a short period when she was residing with the applicant. However, this was a rather short period and even before Melanie Sciberras resided with the applicant it was only sporadically that she met the child. At present the applicant does not know where the said Melanie Sciberras resides;

It has also to be stated that in the past regarding this case Aġenzija Appoġġ was also involved, and it was the same Agency that involved the applicant so that the child does not end up in an institution. So much so that on the sixteenth (16th) of February of the year two thousand and twenty-one (2021), Melanie Darmanin herself in the presence of the social worker signed a declaration. A copy of the said declaration is herewith attached and marked as Doc. E. This statement reads as follows:

“Melanie Darmanin has the care and custody of the child … omissis …  identity card number … omissis …. I would like the child … omissis … to start living with the maternal grandmother Josette Chetcuti (226373M), of 'Imnajra', Flat 2,  Triq il-Madonna ta' Lourdes, Nadur.

I concur with everything that has been agreed with the agencies involved in the interest of the  child concerned.";

Moreover, it is only the applicant who takes care of the child in every aspect he néeds. So much so that the school authorities are aware of the situation, and for anything necessary they communicate and coordinate with the applicant. This apart from the fact that the Social Security department is also well aware of all this so much so that the assistance and namely the children's allowance in relation to child … omissis … is received by the applicant. It has also to be stated that the child's mother is neither present nor   contributes to the upbringing of the child … omissis …;

Whereas today … omissis …, he attends school … omissis …, and previously he also  attended school in … omissis …. … Omissis … has been living with the applicant continuously for the  past two and a half years;

Whereas the child himself considers the applicant as a person of his trust as much as a parent so much so that in an activity he had at school where they were asked to prepare a card for Mother's Day, he addressed the applicant as his grandmother. A copy of which is attached hereto and marked as Doc. F;

Whereas the applicant is having recourse to this Honourable Court for it to give every  appropriate directive in order to safeguard the interest of the child, in so much that in a formal manner the applicant is recognized that she effectively has all and exclusive responsibility and authority (patria potestas) over the child;

Considering the circumstances, in the applicant's humble opinion, the applicant is the most suitable person to have all responsibility and exclusive authority (patria potestas) formally and exclusively over the child, and this simply to acknowledge what the applicant has been doing during the past years;

In view of the foregoing, the applicant refers to article 149 of the Civil Code which states:

“Notwithstanding any other provision of this Code, the court may, upon good cause being shown, give such directions as regards the person or property of a minor as it may deem appropriate in the best interests of the child.";

Whereas these facts as listed above, can be confirmed by the educators of the child … omissis …, by the administration of the primary school of … omissis …, social workers who followed the child as well as other therapists who also assisted to   child in the past;

Whereas there are currently proceedings pending before the Court of Voluntary Jurisdiction regarding the same child, for the applicant to be appointed as his curator, which proceedings are still pending. Whereas such an application was made so that eventually if the Honourable Court is pleased to grant the request of the applicant, eventually the applicant will be able to initiate proceedings that should have been carried out by the mother (as agreed in the deed of personal separation), which, however, was never done, to remove the father identified on the child's birth certificate as he is not his natural father.

Therefore, the applicant respectfully petitions this Honourable Court to be pleased to issue those opportune directives in the interest of the child … omissis … and also so that the applicant will have the exclusive care and custody, all responsibility and exclusive authority (patria potestas) over the child … omissis …, and this under any other terms and conditions that this Honourable Court deems fit and opportune.

(signed) Lawyer Dr Jonathan Mintoff

This application is now deferred for the notification of Melanie Sciberras to the 24th of July, 2023, at 8.30 a.m. and it will be heard in the edifice of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)

It is hereby notified that by virtue of a decree given on the 5th of May, 2023, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of sworn application number 35/2023(SG) in the names 'Michael Debono Limited vs Milomir Gracanin' filed in the Registry in the said Court on the 4th of April, 2023, the publication of the extract reproduced below was ordered and this is to serve as notification against the respondent Milomir Gracanin (ID card number 0194685A) of “Shalom," Triq Albert W. Ketelby, Għarb, Gozo, and this is in terms of article 187(3) of Cap. 12 of the Laws of Malta.

It is in the interest of anyone who receives this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.

In the aforementioned sworn application, the applicant company Michael Debono Limited (C10002) of Triq l-Mdina, Ħaż-Żebbuġ, Malta, asked the Court to hear and decide according to the request with the dispensation of the hearing of the case in terms of articles 167 to 170 of the Code of Organisation and Civil Procedure, and condemns the respondent to pay the sum of thirty thousand, eight hundred and fifty-nine euro and five cents (€30,859.05c) being, as for the sum of five thousand, three hundred euro and fifteen cents (€5,300.15c) arrears as well as unpaid interest on the vehicle of the make Toyota Proace, which the plaintiff company sold and delivered to the defendant in accordance with a Hire Purchase Agreement dated the 4th of March, 2020, attached to the application and marked as 'Document A', and as for the sum of twenty-five thousand, five hundred and fifty-eight euro and ninety cents (€25,558.90c) being the balance of the price of the said vehicle which became immediately due in its entirety according to the said agreement, in addition to the legal interest until the effective payment date, and this according to what results from the statement also attached to the application and marked as 'Document B'.

With costs, including those of the garnishee order filed against the respondent in addition to the legal interests until the day of the effective payment, against the defendant who is as of now summoned for his oath.

​(signed) Advocate Carl Grech

The lawsuit is adjourned to the 24th of July, 2023, at 11.45 a.m., in the Gozo Court building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

It is hereby notified that by virtue of a decree given on 29th of March, 2023, by the Consumer Claims Tribunal (Gozo), in the acts of notice number CCT G12/2021/MS in the names 'Mnatsakan Nahapetyan vs GHR Imports Company Limited and Robert Tabone the publication of an extract of the same notice, as reproduced below, was ordered to serve as a notification with respect the respondent company GHR Imports Company Limited with the address 50, Triq San Martin, Fontana, Gozo, as well as with regards the respondent Robert Tabone of 'Dar is-Surmast', Triq Mons. Luigi Vella, Victoria, Gozo, and this is in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Consumer Claims Tribunal (Gozo),

Notice number CCT G12/2021/MS in names:

Mnatsakan Nahapetyan vs GHR Imports Company Limited

By means of this notice the claimant Mnatsakan Nahapetyan premised that:

On the 27th of November, 2019, I went to Casa Mia Showroom, Victoria, Gozo in Gorg Borg Olivier Street. I went to speak to them because a friend suggested them as a contractor to finish my apartment which was in shell for. I paid €21,000 for tiles, electricity, internal doors, apertures, fittings and all that was requested to finish the apartment. Until now they did not bring three internal doors, they did not put my bathroom sink, they did not put expansion foam where there are holes and pipes, so my apartment flooded. They installed only one air conditioner, and it does not work. One tile from my main bedroom is completely broken. The bathroom was not completed, and the works are not good. Apart from the €2,000 I paid I have to pay €300, and I refuse because there are a lot of damages. They left me without electricity for three months.

In view of the foregoing, the claimant is asking the Tribunal to order the respondent company and the respondent to pay him the amount of four thousand euros (€4,000) together with the costs of this procedure.

​This notice is adjourned for hearing to the 14th of July, 2023, at 11.00 a.m., in the Gozo Court building, in Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

By a decree of the 6th June, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Rennie Azzopardi (ID 564361M) for and on behalf of the Co-operative Board on the 2nd March, 2023, is asking for the withdrawal of the amount of one thousand, four hundred and thirty four Euro and fifty eight cents (€1434.58) deposited by the Schedule of Deposit number 725/2023, in the names of:

Rennie Azzopardi (ID 564361M) noe vs Trend Ventures Coop Limited (C103).

The Court ordered the notification to the respondent with three days (3) to file a reply

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By a decree of the 16th June, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Emanuel Spiteri (ID 149854M) proprio on the 15th September, 2022, is asking for the withdrawal of the amount of fourteen thousand, seven hundred and forty nine Euro and seventeen cent (€14,749.17) deposited by the Schedule of Deposit number 1050/2016 in the names of:

Maria Grech (ID 337554M) for and on behalf of Merger Enterprises Limited (C7066) vs Emanuel Spiteri (ID 149854M) in his proper name and on behalf of Qormi Aluminium (Holdings) Limited (C46601).

The Court ordered the notification to Maria Grech noe with a week to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

​By a decree of the 6th June, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Rennie Azzopardi (ID 564361M) for and on behalf of co-operatives Board on the 2nd March, 2023, is asking for the withdrawal of the amount of seven thousand, eight hundred sixty three euro and twenty eight cents (€7863.28) deposited by the Schedule of Deposit number 728/2023, in the names of:

​Rennie Azzopardi (ID 564361M) noe vs Trend Ventures Coop Limited (C103).

The Court ordered the notification to the respondent with three days (3) to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By a decree of the 6th June, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Rennie Azzopardi (ID 564361M) for and on behalf of Co-operatives Board on the 2nd March, 2023, is asking for the withdrawal of the amount of three thousand, five hundred and twenty six euro and sixty three cents (€3526.63) deposited by the Schedule of Deposit number 724/2023, in the names of:

Rennie Azzopardi (ID 564361M) noe vs Trend Ventures Coop Limited (C103).

The Court ordered the notification to the respondent with three days (3) to file a reply

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By decree given by the Civil Courts, First Hall, on the 9th February, 2023, on the application of Alfaran Trailers Maintenance & Logistics Services Limited (C31341), Tuesday, 1st August, 2023, at half past ten in the morning (10:30 am), has been fixed for the Sale by Auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The property which consists of a divided portion of air, situated in the proposed groundfloor level, with a gross floor area of circa 97.50sqm, with direct access from Triq Qrejten, in Tal-Pietà, and is instead situated in part by the site previously occupied from the tenement officially numbered seventy five (75) and which was named Ġesù Redentur, in the said street, which air will be developed into a maisonette and garage according to the permit PA/06672/21, without its airspace, which air is bounded with a public road from the West North West direction, free and unencumbered and is valued at ninety thousand euro (€90,000).

The said tenement is the property of Emanuel Baldacchino & Co. Limited (C 44700).

N.B. The said tenement will be sold as described in the acts of judicial sales number 2/2023.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 12th June, 2023, in the acts of the Sworn Application number 689/2022DC which was presented on 15th February, 2023, in the names: Ebejer Joseph et vs Fenech Christian et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemns and orders the defendants (Fenech) to pay the penalty as stipulated in Article 836 (8) of the Code of Organisation and Civil Procedure. With costs.

The Sworn Application in the names mentioned above is adjourned to 19th October, 2023, at 9.30 a.m.

Notification Respondent: Fenech Christian, Flat 6, Honey Vale Court, Triq Wied il-Għasel, Mosta

Register of the Superior Courts, today 6th July, 2023

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals​​