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Court Notices published in Govt. Gazette No. 19,316 of 26 September 2014
01/01/2014
Notice 1481
1481It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction, on the 6th of August, 2014 (Application number 48/2014), Egon Helge Christiansen and others requested the opening of the Succession ofRuby May Christiansen, wife of Egon Helge Christiansen, daughter of the late Alfred Versey and Doris Versey née Wright, born in Branford, United Kingdom, and who used to reside in Marsalforn, limits of Żebbuġ, Gozo, and who died on the first of January, of the year two thousand fourteen, intestate, and which opening of Succession is to be made in favour of her husband Egon Helge Christiansen and her daughter April Rose Bennet as to one half undivided part each.
Wherefore any person who considers 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.
Maureen Xuereb
For the Registrar Gozo Courts and Tribunals
Notice 1482
1482By means of a decree given on the 3rd September, 2014, in the records of the Sworn Application, in the names Simon Hansford vs Romina Genuis Demanuele, application number 104/14 RGM, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section), in the names Simon Hansford (ID 183067M) vs Romina Genuis Demanuele (ID 264273M), on the 20th May, 2014, the applicant Simon Hansford respectfully asked this Honourable Court:
To cancel and annul all that agreed by the parties regarding the care and custody of their minor children ...omissis...siblings Hansford, including those days and times which the same children spend at their parents, applicant in this instance, and uphold the other requests in the application.
With costs as demanded against the defendant summoned so that a reference to her evidence be made.
By means of a decree given by this Court above mentioned, on the 1st July, 2014, following a request of Dr Tanya Sammut Catania, whereby she asked that the cause in the inverted names number 107/14 AL, appointed for the 3rd December is connected with this cause, asked that it be recalled before this Court, as presided and ordered that there be ordered that the lawsuits be connected.
The Court upheld the request and recalled the cause number 107/14 AL, and ordered that the causes be connected for all intents and purposes of law.
Dr Sammut Catania ackowledged service of the notice of service on behalf of the applicant.
The cause was deferred for the 2nd October, 2014 in order that the defendant be notified.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, Application Number 104/14 RGM, in the names Simon Hansford vs Romina Genuis Demanuele was entered in the list of causes which shall be heard on Thursday, 2nd October, 2014 at 9.00 a.m.
Defendant: 63, Lowndes Court, Apt 8, Triq Nazju Ellul Gżira 1623.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1483
1483It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision ofNotarial Acts, by a Decree dated the 3rd day of September, 2014, and this after a written plea numbered 139/14 ordered:
The correction of the Act of Death of Ċirillu Saliba, bearing number 798 of the year 2011, the words ‘armel ta’ or ‘widower of’ must be replaced with the words: ‘Miżżewweġ ma’ or ‘married to’, wherever such words appear on the same Act of Death.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 1484
1484It is hereby notified in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 3rd September, 2014, and this after a written plea numbered 126/2014 ordered:
The correction of the Act of Birth of Michael Gerada, bearing number 5156 of the year 2013, under the columns entitled ‘Names Given’ and ‘Name or names by which the child is to be called’, the name ‘Michael’ is to be cancelled and substituted with the name ‘Mikael’.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 1485
1485It is hereby notified in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 3rd September, 2014, and this after a written plea numbered 136/2014 ordered:
The correction of the Act of Birth of Emmanuel Sciriha, bearing number 223 of the year 1961, under the columns entitled ‘Names Given’ and ‘Name or names by which the child is to be called’, the name ‘Emmanuel’ is to be cancelled, and substituted with the name ‘Emanuel’.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 1486
1486It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 4th day of September, 2014, and this after a written plea numbered 138/2014 ordered:
The correction of the Act of Marriage of Amanuel Tsegay Mekonnen and Betlahim Mallia, bearing number 2666 of the year 2013, under the columns entitled ‘Particulars of the Husband, date and place of Birth, and Identification Document’, the words ‘01 January 1990, Asmara, Eritrea’ are to be cancelled, and substituted with the words ‘25th April 1985, Ldeta District, Local Council 32, House No. 1218, Adis Ababa, Ethiopia’.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 1487
1487By means of a decree given on the 31st July, 2014, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Clive D’Amato et,Application number 484/14 AE, the following publication was ordered for the purpose of service of the respondent Clive D’Amato and Spiridione D’Amatoin terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Notice of hearing issued by the Registry Superior Courts, on Friday, 6th June, 2014, the Sworn Application number 484/14 AE, in the names Bank of Valletta plc vs D’Amato Clive et,was entered in the list of causes which are to be heard on Monday, 13th October, 2014, at 8.45 a.m.
Applicant Company: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta VLT 1190.
Defendant: 1. Clive D’Amato, 67, Dionette, Triq San Ġwann, Ħamrun.
2. Spiridione D’Amato, 67, Dionette, Triq San Ġwann, Ħamrun.
Avv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1488
1488NOTICE
Whereas Mahmoud Oun filed an application under oath (No. 807/2014/LSO), demanding Corrections in the Act of Birth number 1186/1974;Act of Marriage number 2064/2000 and Act of Birth number 3353/2011 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
Notice 1489
1489IT IS BEING NOTIFIED that by a decree dated 18th September, 2014 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, (Magistrate Dr Neville Camilleri BA LLD, MA (Fin. Serv.)) Compilation number 889/2014 in the case:
The Police
(Inspector Nikolai Sant)
Versus:
KAYODE KOLA OGUNLEYE, 35 years, unemployed, son of Ogunleye and Nee surname unknown, born in Nigeria, on the 15th September, 1979, and residing at 54, ‘Ave Maria’, Leli Falzon Street, Naxxar, and holder of Maltese identity card bearing number A03064786.
ORDERED the attachment in the hands of third parties in general of all monies and other movable property due to, or pertaining, or belonging to Kayode Kola Ogunleye, and prohibits the said accused from transferring, pledging, hypothecating, or otherwise disposing of any movable or immovable property in terms of Article 22A of Cap. 101 of the Laws of Malta and Article 23A of Cap. 9 of the Laws of Malta.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud, Dip. Not. Pub. LLB, LLD
Assistant Registrar Criminal Courts and Criminal Tribunals
Notice 1490
1490By means of a decree given on the 15th September, 2014, by the Court of Appeal (Inferior Appeals), in the records of the Appeal Application, in the names Gasan Mamo Insurance Limited (C 3143), as subrogated in the rights of her insured Daniela Cauchi and the same Daniela Cauchi vs Duncan Mizzi, Appeal Application number 616/11 EG, Notice number 616/11 KPS, Decided 5th March, 2013, the following publication was ordered for the purpose of service of the respondent Duncan Mizzi in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Appeal Application filed in the Court of Appeal, Application number 616/11 EG, Notice number 616/11 KPS, Gasan Mamo Insurance Limited (C 3143), as subrogated in the rights of her insured Daniela Cauchi and the same Daniela Cauchi vs Duncan Mizzi, on the 25th March, 2013, the applicant Gasan Mamo Insurance Limited (C 3143) and Daniela Cauchi respectfully pleaded:
That by means of a Notice presented by them before the Honourable Small Claims Tribunal, the appellants after having premised that on the 25th October, 2009, an incident occurred in Mosta, as a consequence of which the vehicle Mini Cooper with registration number GBH-357 property of Daniela Cauchi, and insured under a comprehensive insurance policy with the same plaintiff company, suffered damages, that this incident occurred as a result of the actions of Duncan Mizzi who volontarily caused damages in this vehicle ...omissis... and be condemned to pay the plaintiffs, the sum of (€1,241.95), representing the sum that the plaintiffs paid in connection with this incident. With costs and interest from the date of service of this act.
That by means of a reply presented by the defendant today respondent he contested the applicant’s demands and plead that the applicant’s action cannot be upheld, and should be rejected with costs against her as it is inadmissible at law, since the defendant and the plaintiff Daniela Cauchiare married, the rights resulting from their patrimony appertain to them in common ...omissis... In other words, the applicant company was subrogated in the rights which appertain to the interpellant,and is trying in virtue of this action to exercise its rights against the same interpellant, the spouses do not have a right of action for compensation for damages which can be separately exercised from an action for separation of common assets. The rights which the applicant company imagines itself to be subrogated in do not exist, that the applicant does not possess a right of action for damages against the interpellant.
...........omissis...........
That by means of a Judgement given on the 5th March, 2013, the Honourable Small Claims Tribunal, after making the considerations which are found in the same judgementdecided the cause by upholding the pleas of the defendant and freed him from the observance of the judgement.
That the appellants felt aggrieved by the said judgement, and are humbly filing this appeal therefrom.
That the facts which gave rise to this case are briefly the following:
(1) That the defendant caused damage to the vehicle licensed in the name of his wife Daniela Cauchi.
(2) That the said Daniela Cauchi and the defendant are married, and at that time the defendant caused damage to the vehicle, the parties were passing through procedures of personal separation.
(3) That the vehicle GBH-357 was acquired by Daniela Cauchi during the marriage between the parties, and thus form part of the community of acquests existing between them.
(4) ...........omissis...........
(5) That Daniela Cauchi made a claim with the applicant company under the said policy in connection with this incident.
That the grievance is clear and manifest, and consist in the following:
It is imperative that so that in order that one arrives at a conclusion regarding the admissibility or not of this action, the legal position of the applicant company should be evaluated and well assessed. This Honourable Tribunal does not seem to have carried out this when it concluded that the appellant company couldhave never subrogated itself against the respondent, because according to the Tribunal, actions regarding the assets of the community of acquests should be brought forward between the spouses before the Civil Courts (Family Section).
In the first place, the observations of the Honourable Tribunal that the appellant company could not have subrogated itself against the respondent is one which is completely mistaken. The appellant company did not subrogate itselfagainst the respondent but in the rights of its insuredthe plaintiffDaniela Cauchi. It is the same Daniela Cauchi who is a person insured for the purpose of the insurance policy, and whether she is married or not she is the person which the applicant company acknowledges for the purpose of the rights and duties resulting from this policy of the type comprehensive. Consequently, the applicant company has every right according to the contractual obligations which result from the policy in question to subrogate itselfin the rights of its insured, whoever it might be and irrespectively of the fact that the object insured under the relative policybelongs in common between its insured and the person causing the damage.
After all, the appellant company paid as it was obliged to do in terms of the insurance contract in question for the damages which the respondent caused and the fact that the respondent is the husband of the insured under the same insurance policy does not diminish anything of this obligation. The relationship between the insured of the appellant company is completely extraneous to the same company and certainly cannot prejudice its subrogations rights in the rights of its insured.
Thepresent action as exercised by the appellant company Gasan Mamo Insurance Limited is not the action between the spouses and is not an action based on the patrimony of the community of acquests as concluded by the Honourable Tribunal ...omissis... The action which the appellant company brought forward by means of this causeis one for the payment of damages against the respondent resulting from a malicious act and voluntarily committedby the same respondent, which damages were caused by the respondent. The fact that the damages were caused on property belonging to the community of acquests is irrelevant since the action for the payment of damages was not exercised by Daniela Cauchi, as the spouse and partner in the community of acquests.
...........omissis...........
The fact that the person who made the damage on the vehicle is a partner in the community of acqueststo which the said vehicle belongs is irrelevant for the purposes as an action for the payment of damages which in the last analysis the same appellant company suffered.
...........omissis...........
One cannot also forget what the Honourable Tribunal manifestly forgot when it concluded in its judgementthat the right of compensation for the damage caused on the vehicle belonging to the spouses together ...omissis... the obligation for the payment of damages caused on the vehicle de quo which belongs to the community of acquests does not appertain to the community of acquestsnot only because it is not Daniela Cauchi who is exercising the action for the payment of damages but also because the obligation of payment in this case is not a debt which can be considered as due by the community of acquests, and this in virtue of the provisions of Article 1327 of the Civil Code which provides:
...........omissis...........
‘the assets forming past of the community of acquests shall be charged only with the following debts’.
(f) ‘any debt or indemnitydue as a civil remedy by either spouse where such indemnity is not due as a civil remedy in respect of an offence wilfully committed’.
In fact as already referred to above, the compensation due in this case is not due as a civil remedybut as a remedyfor an offence maliciously and voluntarily caused by the respondent.As established by the proof brought forwardby the Honourable Tribunal in the judgement given by this Honourable Court of Magistrates as a Court of Criminal Judicature, in the names The Police vs Duncan Mizzi, dated 27th May, 2010, the damages merit of this cause de quo caused by the respondent were voluntarily caused.
Thus the compensation in this cause although due to the spouses together or rather to the community of acquests existingbetween them is not dueby the same community but by the paraphernal assets of the respondent in virtue of the provisions of the law above cited ...omissis... the right for the payment of damages which the appellant companyis exercising by means of this cause does not belong today to the community of acquests but to the appellant company itself in virtue of the subrogation in questionbecause it had paid for such damages, as there does not belong to the same communitythe obligation for compensation for these damages. This obligation belongs to the respondent personally. The community of acquests has already been compensated when the appellant company paid to Daniela Cauchi the amount of damages caused on the vehicle of the same community.
Now if the respondent expects that he should not payfor the damages he himself caused voluntarily throughcriminal offences because he expects that the appellant companywhich paid for them should remain without a remedy, then he is pretending to elude the provisions of Article 1327 (g) above quoted and enjoy gratuitously from the compensationpaid by a third party for the reintegration of the community of acquests for the depriciation ofwhich he himselfwas responsible by his malicious acts. The interpretation which the respondent is trying to give is also dangerous,and has the effect to stultify the protection which the Legislator gives to the spouses in the community of acquests against volontaryacts committed by the other spouses to the detriment of the same community.
That the Honourable Small Claims Tribunal failed to consider all this, and upheld the pleas of the respondent and freed him from the observance of the judgement.
That without prejudice to all that above brought forward it also results that a correction is necessary in the heading of the judgement of the Honourable Small Claims Tribunal, since the heading of the cause does mention the plaintiff Daniela Cauchi, who also filed this action with the plaintiff company Gasan Mamo Insurance Limited.
Thus, in view of all that premised whilst referring to the proof and all the records of the cause and reserve to bring forward further proofand make further submissions according to law, the appellants respectfully ask that this Honourable Court cancel and revoke the judgementof the Honourable Small Claims Tribunal of the 5th March, 2013, by upholding their demands, reject the pleas of the defendant, with costs of both instances against the respondent defendant.
Notify: Duncan Mizzi, 2, Alley number 1, Vjal Indipendenza, Mosta.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1491
1491By a decree of the Small Claims Tribunal, of the 5th May, 2014, 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 (C 24655), of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 29th April, 2014, whereby they asked the Tribunal to condemn Ivan Bartoli (ID 495662M), of88, Flat 1, Triq Toni Bajada, San Pawl il-Baħar, to pay the plaintiff company the sum of€692.28, which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 286/14VG2) is deferred for the 8th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1492
1492By a decree of the Small Claims Tribunal, of the 20th March, 2014, 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 (C 24655), ofTriq Fra Diego, Marsa MRS 1501, filed a Claim on the 14th March, 2014, whereby they asked the Tribunal to condemn Wayne Chetcuti (ID 306001L), of19, Triq Santa Marija, Tarxien,to pay the plaintiff company the sum of €566.24, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 191/14VG2) is deferred for the 8th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Bann for Curators
1493Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 1st September,2014, following a request of Charlene Catania, it was ordered that deputy curators be chosen to represent the absent Emmanuel Bello,in the records of theWarrant of Prohibitory Injunction 96/14/1 AL, in the names Charlene Catania vs Deputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application filed in the Civil Court (Family Section), in the names (Applicant) Charlene Catania (ID 615081M) against (Respondent) Emmanuel Bello (ID 0049369A), on the 25th April, 2014, the applicant Charlene Catania (ID 615081M) respectfully pleaded and confirmed under oath:
That the applicant has an interest that the minor hereunder mentioned is not taken outside Malta.
That the respondent is a person who has or may have the legal or actual custody of the said minor.
Thus, the applicant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction against the respondent whereby he shall be ordered not to take or permit anyone to take the said minor outside Malta.
Details of the minor: Amy Bello Catania, daughter of Charlene Catania and Emmanuel Bello (Lagos, Nigeria), born on the 29th December, 2010, residing in Gżira, aged three years, having brown/yellow hair and brown eyes (birth certificate attached).
Avv. Advocate Dr Rachel Tua BA, LLD
Confirmed before me under oath after I read its contents, and in the presence of as witness of identity and presented by JP Busuttil with two documents.
Warrant of Prohibitory Injunction to stop a person from taking a person outside Malta.
Republic of Malta
Court Warrant
Whereas the above application was presented, and there occurthe necessary elements required by law for the under mentioned orders.
And after doing this, or if you encounter any difficulty in the execution of this warrant, you are to inform this Court immediately.
Given by the Civil Court (Family Section) with the witness of the Hon. Madam Justice Abigail Lofaro LLD, Dip. Stud. Rel. Mag. Jur (Eur Law).
Applicant: Flat, 7, Kappara Court, Turu Rizzo Street, Gżira.
Respondent: Johnmel, Flat 68, Triq Ġulju, St Paul’s Bay.
The Warrant of Prohibitory Injunctionabove mentioned, application number 96/14/1 AL, in the names Charlene Catania vs Emmanuel Bello, has been deferred for hearing to the 16th October, 2014, at 9.15 a.m.
You are 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 (Family Section) above mentioned with the witness of the Hon. Madam Justice Edwina Grima LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1494
1494By a decree of the Small Claims Tribunal, of the 5th May, 2014, 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 plc ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 30th April, 2014, whereby they asked the Tribunal to condemn Sabrina Camilleri(ID 380989M), of 8, Triq San Alwiġi, Msida, to pay the plaintiff company the sum of€317.83, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 298/14VG2) is deferred for the 8th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1495
1495By a decree of the Small Claims Tribunal, ofthe8th April, 2014, 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 plc of Triq Fra Diego, Marsa MRS 1501,filed a Claim on the 4th April, 2014, whereby they asked the Tribunal to condemn Abidi Lotfi(ID 60302L),of Old Trafford, Triq Moroni, Gżira, to pay the plaintiff company the sum of€1,583.21 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 240/14VG2) is deferred for the 8th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1496
1496By means of a decree given by the First Hall Civil Court, on the 16th September, 2014, in the records of the Sworn Application, in the names Borg Robert vs Felice Shaunvic, application number 967/13 SM, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Robert Borg (ID 311373M) vs Shaunvic Felice (ID 12990M), on the 8th October, 2013, the applicant Robert Borg asked this Honourable Court:
To declare that the car accident of the 30th October, 2011, occurred solely due to the fault of the defendant due to lack of attention, carelesness, negligence and lack of observance of the traffic regulations, liquidate the damages suffered by the plaintiff, and condemn the defendant to pay the sum liquidated.
With costs as demanded in the application.
Notify Defendant: ‘Garage Sinclair’, Triq Dun Manwel Zammit, Siġġiewi.
The Sworn Application in the names Borg Robert vs Felice Shaunvic, application number 967/13 SM, has been deferred for hearing to the 21st October, 2014, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Court Warrant
1497By means of a decree given by the First Hall Civil Court, on the 19th June, 2014, in the records of the Warrant of Prohibitory Injunction, in the names Chircop Jane et vs Mizzi Robert et, application number 785/14 JPG, the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall of the Civil Court, in the names (Applicant) Jane Chircop (ID 466464M), Gino and Vivienne, spouses Mifsud (ID 713658M andID 05056A respectively), Anthony and Alexandra, spouses Formosa (ID 222765M) and ID 374166M), Joseph and Josephine, spouses Duca (ID 676147M and (ID 444141M) respectively, and Maurizio Cavallaro (ID 137480M) vs Robert Mizzi (ID 505779M) in his own nameand as director in the name and in representation of the company R & D Developments Limited (C 34083) and R & S Developments Limited (C 42092) David Mifsud (ID 63370M) in his own name and as director in the name and in representation of the company R & D Developments Limited, the same company R & D Developments Limited and R & S Developments Limited, on the 27th May, 2014, the applicants respectfully pleaded:
That the applicants in order to safeguard their credit hereunder mentioned against the respondent humbly ask this Honourable Court to order the issuing of a warrant of prohibitory injunction against the respondent so that he be witheld from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title any property and in particular the following property which belongs to the respondent company R & S Developments Limited.
The apartment internally marked with number twenty-one (21), which is situated at the third floor level which is the fourth floor of a building peforming part of a block without official number, and with the name ‘Violet Court’, situated in Triq it-Turisti, Qawra, in the limits of St Paul’s Bay, which block borders on the West with the said street, on the North with property of Saveway Limited or its successors in title, and on the South with property or the successors of the Archbishop’s Curia of Malta or it its successors in title or more correct boundaries, and this for the reasons mentioned in the warrant.
Thus, the applicant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction in question against the respondent.
Confirmed before under oath after I read its contents and in the presence of PL E. Montanaro as witness of identity.
Warrant of Prohibitory Injunction (where the demand exceeds €9,317.49).
Republic of Malta
To the Court Marshall
Whereas the above application was presented and there recur the necessary elements required by law for the under mentioned 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 Hall with the witness of the Hon. Madam Justice Jacqueline Padovani Grima LLD, LLM (IMLI), Doctor of Laws.
Respondent: 1. Robert Mizzi and R & S Development Ltd, Valley View, Block A,Flat 5, Triq is-Sir, Mosta.
2. David Mifsud and R & D Developments Ltd, Flat 1, Gardens Flats, Triq ix-Xitwa, St Paul’s Bay.
Notify: 3. Director Public Registry, Valletta; Land Registrar, Valletta.
The Application Warrant of Prohibitory Injunction in the names Chircop Jane et vs Mizzi Robert et, application number785/14 JPG, was deferred for hearing to the 3rd October, 2014, at 10.15 a.m.
Reġistry of the Superior Courts, today 24th September, 2014.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1498
1498By a decree given by the Civil Court First Hall, on the 17th September, 2014, on the application of E.D.D. Ellul Co. Limited, Monday, 20th October, 2014 at half past ten,has been fixed for the Sale by Auction to be held at Reo, Triq il-Mejjilla, Ħal Qormi, of the following items seized from the property of Belfiore Raimondo.
Aircondition machine of the make OK Clima Basic Plus,Air Compressures, Computer Texa Axone 2000, Trolley Jack, Two pressing machines, Drill, Small generator, Sand Blasting, Welding Sets and other items.
N.B. The said objects will be sold as described in the judicial sales number 22/14.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1499
1499NOTICE
Whereas Mario Agius sive Zahra (ID 173571M), filed an application under oath (No. 832/2014/LSO), demanding Corrections in the Act of Birth number 1735/1971 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
Notice 1500
1500By a decree of the Small Claims Tribunal, of the 30th April, 2014, 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 (C 24655), of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 10th April, 2014, whereby they asked the Tribunal to condemn Iolanda Nataline Delle Rose (ID 4926A), of 2, Arrien, Triq il-Lampuka, Marsaskala, to pay the plaintiff company the sum of €605.47, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 245/14VG2) is deferred for the 8th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1501
1501By a decree of the Small Claims Tribunal, of the 9th April, 2014, 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).
Malcolm Debono (ID 19979M), of 64, Tophill House, EB Vella Street, Mosta, in the name of Zephyr Garage Company Limited, filed a Claim on the 9th May, 2013, whereby he asked the Tribunal to condemn Paul Fenech, of Marocana Court, Flat 47, Triq Dun Karm, Imsida, and/or Oak Wood, Triq Kurat Schembri, Mosta, to pay the plaintiffthe sum of€414, which amount is due to the plaintiff.
With costs and legal interests.
The case (Claim Number 285/13VG2) is deferred for the 9th October, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1502
1502IT IS BEING NOTIFIED that by a decree dated 23rd September, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Ann Farrugia LLD), Compilation number 903/2014 in the case:
The Police
(Inspector Gabriel Micallef)
Versus:
CARLOS JAVIER NUNO MORALES, 39 years, Ticket Vendor, son of Antonio Nuno Milla and Nieves Morales née Fernandez, born in Spain, on the 22nd August, 1975, and residing at Shira Flats, 58, Flat 5, Rudolph Street, Sliema, Malta, and holder of Maltese identity card bearing number 82017A.
ORDERED the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to Carlos Javier Nuno Morales, and prohibits the said accused from transferring, pledging, hypothecating, or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud, Dip. Not. Pub. LLB, LLD
Assistant Registrar Criminal Courts and Criminal Tribunals
Notice 1503
1503IT IS BEING NOTIFIED that by a decree dated 12th September, 2014, after an application filed by Raymond Caruana on the 18th September, 2013, given by the Court of Magistrates (Malta) as a Court of Criminal Judiciary (Magistrate Dr Josette Demicoli LLD), Compilation number 1311/2012 in the case:
The Police
(Superintendent Paul Vassallo)
Versus:
RAYMOND CARUANA, 53 years, Company Director, son of Gejtu and Josephine née Vassallo, born in Żebbuġ, on the 7th of September, 1961, and residing at number 34, ‘Edelweiss’, Triq Anthony Aquilina, Żebbuġ, and holder of identity card number 555661(M).
ACCEDED to the request of Raymond Caruana and ordered the variation in the freezing order of the 13th December, 2012, and ordered the release of the following immovables and vehicles:
Flat 1, St Rafel Court, Triq il-Qortin, Nadur NDR 2321;
34, Edelweiss, Triq Anthony Aquilina, Żebbuġ ZBG 3082;
2, Triq San Lawrenz, Birgu BRG 1380;
Farmhouse Ta’ Gejtan, Triq il-Buskett, Żebbuġ;
Plot 18, Parking Premises, Triq Profs Carmelo Coleiro, Qormi;
Grave number 10, East area, Compartment B, Sant’ Andrija Cemetery, Ħaż-Żebbuġ, Malta;
Volvo FH 16 registration number FBP 853;
Polaris Sportsman registration number ROS 666;
Ford F250 registration number LCQ 728;
Ford Pickup registration number TSS 666;
Ford F250 registration number KKC 666;
Harley Davidson DYNA registration number HAR 666;
Jeep Wrangler registration number ABA 222;
Pleasure Yacht Sea Jade with official number 05458
The publication of this order is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta, following a decree of the 13th December, 2012, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to, or belonging to Raymond Caruana.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud, Dip. Not. Pub. LLB, LLD
Assistant Registrar Criminal Courts and Criminal Tribunals
Notice 1504
1504IT IS BEING NOTIFIED that by a decree dated 25th September, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Claire L. Stafrace Zammit BA LLD) after an application dated 23rd July, 2014, by Tarċisju Mifsud, Compilation number 191/2013 in the names:
The Police
(Inspector Jonathan Ferris)
Versus:
TARĊISJU MIFSUD, 68 years, pensioner, son of Philip and Salvina née Zammit, born in Żebbuġ, on the 30th November, 1944, residing at 28, ‘Molineux’, Triq Guliermo Lorenzi, Żebbuġ, and holder of identity card bearing number 1065644(M).
ACCEDED to the request of Tarcisju Mifsud and revoked the freezing order issued against him on the 26th February, 2013, since the bank guarantee referred to in the proceedings is still in force.
The publication of this order is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication made on the 1st March, 2013, after a decree dated 26th of February, 2013, of the Court of Magistrates (Malta) as a Court of Criminal Inquiry, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to, or belonging to Tarċisju Mifsud.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud., Dip. Not. Pub. LLB, LLD
Assistant Registrar Criminal Courts and Criminal Tribunals (Malta)