Mur Lura
Court Notices published in Govt. Gazette No. 19,084 of the 7th May 2013
01/01/2013
Notice 736
736By means of a decree given, on the 25 th March 2013, by the Civil Court First Hall, in the records of the Sworn Application, in the names Camilleri Josephine vs Quirolo Jesmond, application number 148/13 AE, the following publication was ordered for the purpose of service of the respondent Josephine Camilleri, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed in the First Hall Civil Court, in the records of the application number 148/13 AE, with the following ‘Heading’ Writ of Summons Nunmber 792/12 JA, Josephine Camilleri vs Jesmond Quirolo, on the 14th February 2013, application of Jesmond Quirolo, (I.D. 86066M) respectfully pleaded:
That the applicant is filing at the same time an application whereby he is asking for a new trial of the cause in the names premised on the basis of Article 811(b) of Cap. 12 and this because the applicant was not notified with the cause in question.
That in the judgement relating to which a new trial is being demanded the Court decided by upholding the plaintiff’s demands.
That after this judgement became res judicata, the plaintiff filed a warrant of eviction so that the judgement in question be executed.
That this warrant was executed and on the 15th January 2013, the Marshall filed, a note in the records of the warrant whereby he explained that the lock of the premises Jes Farmhouse, Sqaq il-Merħla, Żejtun, was changed and the keys were deposited in the Court Registry.
That thus once the warrant of eviction was carried out, it is useless thatthe applicant prays that this judgement is not executedbut he wishesthat the key is not withdrawn from the Court Registry, till the new trial is decided.
That the applicant declares that he is ready to bring forward any gurantee which this Court shall order, as demanded by Article 823 (2) (a) of Cap. 12.
Thus the applicant humbly asks that this Honourable Court, ordersthe suspension the of the execution of the judgement, in the names above premised, till the application for new trial which was filed at the same time was decided.
By means of an another Application, filed in the Civil Court First Hall, in the records of the Application 148/13 AE, with the following ‘Heading’ writ of summons number 792/12 JA, Josephine Camilleri vs Jesmond Quirolo, on the 14 th February 2013, application for a new trial of Jesmond Quirolo, I.D. 86066M, the applicant respectfully pleaded:
That the respondent applicant filed an application whereby she premised the following:
That the plaintiff resides in the premises ‘Jes Farmhouse’ Sqaq il-Merħla, Żejtun, for these last fourteen years.
That during these last months the applicant was residing in this premises alone after the respondent defendant had abandoned the same premises to go and live in England.
That between the 18 and the 19th July 2012, the defendant clandestinely, violently and abusively personally or by means of his agents, entered in the premises Jes Farmhouse, Sqaq il-Merħla, Żejtunand is denying the plaintiff applicant from the enjoyment of the movables which are found in the same premises.
That this behaviour of the defendant constitutes a violent spoiliation to the detriment of the plaintiff and gives rise to an action of privileged spoliation.
Thus the applicant asked the First Hall Civil Court so that:
1. it declares that the defendant committed a privileged spoiliationto the detriment of the plaintiff.
2. order the defendant so that within a short and peremptory period he vacates the premises’ Jes Farmhouse’ Sqaq il-Merhla, Żejtun, to the exclusion of the defendant.
3. authorise the plaintiff to take possession of the premises Jes Farmhouse, Sqaq il-Merhla, Zejtun to the exclusion of the defendant.
4. authorise the plaintiff to take back possession of the movables which are found in Jes Farmhouse, Sqaq il-Merhla, Zejtun.
Saving any other action for the damages against the defendant.
Wth costs.
That the respondent applicant left these Islands, to go and reside in England.
That by means of a judgement given by the First Hall Civil Court, on the 12th December 2012, the First Hall Civil Court, decided by upholding the plaintif’s demands.
That the applicant humbly submits that there is room for a new trial in terms of Articles 811(b) of Cap. 12 which states;
‘if the sworn application was not notified to the losing party, saving that the party which was not notified, has not appeared during the hearing of the cause’.
That till the 11th September, the respondent plaintiff, saw that the defendant was still not notified and thus filed an application whereby she asked the Court to authorise that the respondent be notifiedby means of the procedure of publication.
That the Court upheld the demand.
That however as already stated the applicant did not reside in Maltaand thus this was not the procedure which had to be used.
That in any case the provisions of Article 187(3) of Cap. 12 of the Laws of Malta were not observed.
Thus the applicant prays that this Honourable Court, cancels thejudgement given by the First Hall Civil Court, of the 12th December 2012, in the names premised and order the new trial of the cause.
With costs.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Friday 22nd February 2013, the Applicationnumber 148/13 AE, in the names Camilleri Josephine vs Quirolo Jesmond, was appointed for hearing on Monday 25th March 2013, at 8.30 a.m.
By order of the Court above mentioned the Sworn Application, above mentioned the Application number 148/13 AE, in the names Camilleri Josephine vs Quirolo Jesmond, was put off for hearing to the 31st May 2013, at 9.00 a.m.
Notify: Josephine Camilleri, c/o, 2, Triq San Lawrenz, Isla.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 737
737By means of a decree given, on the 28th February 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Berrada Khadija vs El Houni Eiyad, application number 352/10 RGM, the follwing publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the Civil Court(Family Section) in the names Khadija Berrada (I.D. 24942A) vs Eiyad El Houni, on the 11th October 2010, the applicant Khadija Berrada (I.D. 24942A) asked this Honourable Court;
1. To decide and declare that the marriage between the parties celebrated on the 3rd June 2002, which marriage was registered in the Public Registry of Malta was null and invalid for all intents and purposes of law as mentioned in the application.
With costs, against the defendant who remains summoned so that a reference to his evidence be made.
Notify: Eiyad El Houni, (Application Number 352/10 RGM, Berrada Khadija vs El Houni Eiyad).
The Sworn Application in the names Berrada Khadija vs El Houni Eiyad, application number 352/10 RGM, has been put off for hearing to the 14th May 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 738
738By means of a decree given, by the First Hall Civil Court, on the 22nd April 2013, in the records of the Sworn Application, in the names Vella Carmel sive Charles et vs Mangion Carmel sive Charles et, application number 287/13 JPG, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the records of the Application Number 287/13 JPG, in the names Carmel sive Charles Vella (I.D. 209250M) and his wife Concetta sive Connie Vella (I.D. 392255M) vs Carmel sive Charles Mangion (I.D. 110160M) and C & M Contractors Limited(C-30803) on the 25th March 2013, the applicants Carmel sive Charles Vella (I.D. 209250M) and Concetta sive Connie Vella (I.D. 392255M) asked the defendants why for the reasons mentioned this Court should not:
1. Proceed to give judgement according to the demand of the applicant without proceeding to a hearing in terms of Article 167 to 170 of Cap. 12 of the Laws of Malta and condemn the defendants, in solidum or either of whom, to pay the applicants, the amount of three hundred, twenty- eight thousand, one hundred ninety Ewro (€328,190.00) excluding the interest representing a loan brevi manu in terms of the constitution of debt in the records of Notary Carmel Mangion, dated eight March of the year two thousand twelve.
With costs and interest as demanded, against the defendants from now summoned so that a reference to their evidence be made.
Applicant: 41, Triq il-Papa Alessandu VII, Żabbar.
Service: Villa Alfano, Triq Annibale Preca, Lija.
The Sworn Application in the names Vella Carmel sive Charles et vs Mangion Carmel sive Charles et, application number 287/13 JPG, has been put off for hearing to Thursday, 16th May 2013, at 9.00 a.m.
Adv. Frank Portelli,LLD.
For the Registrar, Civil Courts and Tribunals
Notice 739
739By a decree of the Small Claims Tribunal of 10th April 2013, 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).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 28th February 2013 whereby they asked the Tribunal to condemn Sarah Attweger (I.D. 347092M) of 64, Patricia, Flat 1, Triq Baskal Buhagiar, Mosta, to pay the plaintiff company the sum of €636.43 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 117/13VG2) is put off on the 8th May 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 740
740By a decree of the Small Claims Tribunal of 17th January 2013, 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).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 29th May 2012 whereby they asked the Tribunal to condemn Debbie Hancock (I.D. 363576M) of Kennedy Grove Court, Flat 1, Triq il-Wileġ, San Pawl il-Baħar, to pay the plaintiff company the sum of €607.35 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 396/12YMS) is put off on the 9th May 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 741
741By a decree of the Small Claims Tribunal of the 10th April 2013, 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 8th March 2013 whereby they asked the Tribunal to condemn Mc Key David Bernard Hugh (I.D. 47453A) of Tas-Sellum Residence, Apartment 811, Dawret it-Tunnara, Mellieħa, to pay the plaintiff company the sum of €418.25 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 135/13VG2) is put off on the 8th May 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 742
742By means of a decree given, by the First Hall Civil Court, on the 4th April 2013, in the records of the Sworn Application, in the names F.A. Limited vs Photo Play Malta Limited et, application number 451/12 JZM, the following publication was ordered for the purpose of service of Charles Baldcchino and Giuseppe Mosciaro, in terms of Article 187(3) et of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the records of the Application Number 451/12 JZM, in the names F.A. Limited (C-38734) vs Photo Play Malta Limited (C 43338) and Charles Baldacchino (I.D. 344569M) and Giuseppe Mosciaro (Italian I.D. Card AK 5673580) on the 8th May 2012, the applicant F.A. Limited, asked this Honourable Court:
1.To declare and decide that the defendants or either of whom were in delay in the payment to the applicant company, in such a manner that clauses 12.1 and 12.2 of the lease agreement of the 18th March 2009, are to come into force, the contract should be considered as terminated, declare and decide that the defendants or either of whom are responsible for the debt due to the plaintiff company in the amount of €5,433.65 and uphold the other demands in the application.
With costs ...omissis... and commercial interests according to law from the 31st December 2011, till the date of effective payment against the defendants summoned so that a reference to their evidence be made.
Application: 50, Msida Seafront, Msida.
Defendfants: 1. ...omissis...
2. Charles Baldacchino - 209,
Triq il-Vitorja, Isla.
3. Giuseppe Mosciaro - Casa Italia,
Labour Road, Żabbar.
The Sworn Application in the namesF.A. Limited vs Photo Play Malta Limited et, application number 451/12 JZM, has been putoff for hearing to Thursday, 6th June 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 743
743NOTICE
CIVIL COURT – FIRST HALL
Whereas Deborah Delceppo (I.D. 45582M) and Clive Grech (I.D. 290578M) filed an application under oath (No. 407/2013 JA) demanding CORRECTION in the ACT OF BIRTH of their daughter Aaliyah Grech number 4532/2003 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,
Mario Debono
For Registrar, Civil Courts and Tribunals
Notice 744
744By means of a decree given, by the First Hall Civil Court on the 29th April 2013, in the records of the Sworn Application, in the names Abdilla Emanuele et vs Dalli Vincent et, application number 156/13 SM, the following publication was ordered for the purpose of service of the respondents, in terms of Article 187(3) et of Cap. 12.
By means of an Application filed in the Civil Court First Hall, in the names Emanuele Abdilla and his wife Nazzarena Abdilla vs Vincent Dalli and his wife Carmen Dalli, on the 15th February 2013, the applicant Emanuele Abdilla and his wife Nazzarena Abdilla, asked this Honourable Court:
1. To declare that the excavation works which were carried out by the respondent on the land on which todaythere is built the premises with the name ‘Country Cottage’ Triq it-Tempesta, Qrendi, were carried out in violation of the provisions of the Civil Code and this as the distance required by law was not kept from the dividing line, declare that the extensionof the dividing wall on to the projected street, carried out by the respondemt was carried out abusively and illegally and uphold the other demands in the application.
With all costs against the respondents, summoned so that a reference to their evidence be made and saving any right due to the applicants by way of damages.
Applicant: Blue Cave, Triq it-Tempesta, Qrendi.
Respondents: 1. Vincent Dalli, Country Cottage, Triq it-Tempesta, Qrendi.
2. Nazzarena Dalli, Country Cottage, Triq it-Tempesta, Qrendi.
The Sworn Application in the names Abdilla Emanuele et vs Dalli Vincent, application number 156/13 SM, has been put off for hearing to the 6th June 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 745
745By means of a decree, given by the Civil Court (Family Section) on the 8th May 2012, in the records of the Sworn Application, in the names Duchiem Mahmoud vs Aquilina John et, application number 12/12 NC, the following publication was ordered for the purpose of service of the defendants, in terms of Article 187(3) et. of Cap. 12.
By means of an Application filed in the Civil Court (Family Section) in the names Mahmoud Duchiem (I.D. 33238A) vs John Aquilina (I.D. 842255M) and Soumia Aquilina (I.D. 25939A) on the 19th January 2012, the applicant humbly asked this Honourable Court:
1. Saving the appointment of medical experts, to declare that the applicant is the natural father of the minor Maha, who was born of the respondent in Msida, on the 10 th October 2008, and uphold the other demands in the application.
With costs, including those of the impediment of departure ofa minor, and the respondents are summoned so that a reference to their evidence be made.
List of witnesses.
Applicant: Flat 1, Windermere, Triq il-Ġifen, Buġibba.
Notify Respondents: 1. John Aquilina, I.D. 842255(M).
2. Soumia Aquilina I.D. 25939A).
The Sworn Application in the names Duchiem Mahmoud vs Aquilina John et, application number 12/12 NC, has been put off for hearing to the 4th June 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 746
746NOTICE
CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Charles Field (I.D. 203579M) filed an application under oath (No. 83/13 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Ivee May Pace number 1903/2012 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts and Tribunals
Notice 747
747By means of a decree given by theFirst Hall Civil Court, on the 10th April 2013, in the records of the Sworn Application, in the names Ronald Galea vs Peter Magro, application number 151/13 AF, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed inthe First Hall Civil Court, in the names Ronald Galea (ID 622558M) vs Peter Magro, on the 15th February 2013, the applicant Ronald Galea (ID 622558M) asked the respondent to state why this Honourable Court, should not, saving any necessary declaration:
1. declare that the respondent failed to honour his obligations according to the preliminary agreement of the 2nd August 2012, signed between the applicant and the respondent in virtue of which the respondent promised and bound himself to sell, assign and transfer to the applicantwho promised and bound himself to purchase and acquire the appartment internally marked eight situated in the third floor of the building (second floor)which underlies the roofwhich is the property of Mangion Constructions Limited or its successors whilst it overlies the appartment number four at the levelof shops and garages forming part of a block with the name ‘Mangion Court’ Entrance number one (1) without official number, accessible from Triq Btieti, Marsaskala and this without a valid reason at lawand uphold the other demands in the application, includingthe fixing a date, time and placefor the publication of the contract above mentioned.
With all costs, as demanded, the respondent is summoned so that a reference to his evidence is made. Saving any other action against the respondent for damages.
Applicant: 83, Sir Charles Cameron Street, Gzira.
Respondent: ‘Summer’ Apt. 7, Triq is-Sibbien, M’Skala.
The Sworn Application in the names Galea Ronald vs Magro Peter, application number 151/13AF, has beenput off for hearing to the 15th October 2013, at 9.00am.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 748
748By means of a decree of the 24th April 2013 on an application of Michael Sammut Alessi filed on the 11th April 2013, application number 354/2013 this Honorable Court ordered the opening and thepublication of the secret wills of Elena Sammut Alessi, unmarried, daughter of the late Carmelo Sammut and Maria Concetta Sammut née Alessi born in Birkirkara and died in Balzan on the 27th January 2013 aged 85holding identity card number 0067328(M).
The opening andpublication of the will is going to be held on Monday 3rd June, 2013, at 12.45 p.m. at the Annexe of the Law Courts in 34, Strait Street, Vallettabydeed of Notary Doctor Henry Saydon.
Alexandra Debattista
For the Registrat Civil Court and Tribunals
Bann for Curators
749Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 3rd March2013, following the request ofSusan Conti,it was ordered that Deputy Curators be chosen to representthe absent Louis Conti, in the records of the Sworn Application number 63/13 RGM, in the names ‘Susan Conti vs Deputy Curators’ and in the and in the relative and subsequent acts.
By means of an Application, filed, in the Civil Court(Family Section) in the names Susan Conti I.D. 220662(M) vs Deputy Curators to represent the absent Louis Conti, on the 22nd March 2013, the applicant Susan Conti, asked this Honourable Court, to declare that the respondent is guilty for the separation for one of the reasons mentioned in the Civil Code, and uphold the other demands in the application amongst which to terminate and liquidate the community of acquests existing between the spouses Conti.
With costs, against the respondent.
List of witnesses.
Notify with the Banns: Reuben Casingena, Manifik, Triq Sant’ Anna, M’scala, MSK 2126.
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 ahould 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 Silvio Meli, LLD.Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals