Mur Lura
Court Notices published in Govt. Gazette No. 19,274 of 4 July 2014
01/01/2014
Notice 1062
1062By means of a decree of the 22nd May, 2014 of the Civil Court First Hall, in the records of judicial letter number 2888/13, in the names Mario Buhagiar et vs Michael Debono et, the following publication for the purpose of effecting service on the respondent Bernardette Rausi was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: Michael Debono; John Debono; Mary Rose Deguara; Susan Enriquez; Margaret Frendo; Bernardette Rausi (ID 797856M) of Villa Albatross, Triq l-Imdina, Attard; Ann Cassar.
By the present letter in reply to your letter to them of 4th September, 2013 Mario and Esmeralda, spouses Buhagiar, Bernardette Buhagiar, Antoine and Carmel, brothers Buhagiar, holding identity cards numbers (ID 401980M), ID 87583M), (ID 918945M), (ID 253883M) and (ID 63273M) respectively, whilst rebutting all the claims put forward by you as they are unfounded in fact and at law, they further inform you that:
a. They are using the premises subject of the temporary emphyteutical concession as their sole residence;
b. They are availing themsleves of what the law sets out in case of such terminations, and accordingly they are detaining the said premises under title of lease;
c. The jurisprudence to which reference has been made is not applicable in this case;
d. Furthermore, the law in virtue of which an emphyteutical concession is on its termination, converted into a lease, is still in place today and regulated by the new amendments to the rent laws.
Therefore, in view of the above, the applicants whilst bringing to your attention that they are holding a valid title of lease, solicits you: (a) to stop molesting them in the enjoyment of their rights; and (b) that the rent which has been offered to you and which you are not accepted, has been deposited under the Authority of the Court.
So much for your own guidance and to regulate yourself.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1063
1063It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 29th May 2014, in the records of the judicial letter number 1506/14, in the names Fogg Insurance Agencies Limited vs Joseph Cassar et, ordered the following publication for the purpose of service of the respondent Mohamed Jemal Muktar, in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Joseph Cassar and Mohamed Jemal Muktar of 85, Osanna Pia, Triq Rodolfu, Sliema, on the 22nd April 2014, Fogg Insurance Agencies Limited (C-597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Abate Rigord Street, Ta’ Xbiex, whilst referring to the car accident which occured on the 11th February 2014 at about 8.45 a.m. in Triq il-Kostituzzjoni, Mosta, in which the vehicle registration number DAD 618 was involved, driven by you Mohamed Jemal Muktar and insured by you Joseph Cassar with the interpellant, for all purposes and effects of law the accident de quo is not covered by the relative insurance policy, and this because you Mohamed Jemal Muktar was not the authorised driver in term of the same.
And so the interpellant isn’t in a position to answer in any way any claim that may be put forward by third parties involved in this case, and in case that it will be obliged to effect any payments on your behalf, it is from now reserving its position on your regard according to Law. This means that in case the interpellant is obbliged to make any payments to third parties, it is going to proceed against you in solidum between you for the recovary of all the amounts issued in connection with this case, and this besides all the legal and judicial costs and interests.
Finally, without any prejudice for all above mentioned, the interpellant calls upon you Mohamed Jemal Muktar so that within three (3) days you come forward and assume the resonsability for the payments of all the amounts of damages suffered by third parties in the accident de quo and all the relative costs, and informs you that in de fault it is going to proceed with a formal report to the Executive Police regarding your behaviour that costitutes a criminal offence which causes a serious penalty with a fixed penalty of about €2,329.37 and €4,658.75 and/or prison sentence of three month, besides the disqualification of your driving licence that does not exceed twelve months. These penalties have to be paid by you and suffered besided the amount of damages suffered by third parties, the legal interest and costs already mentioned.
This judicial letter is being made for all effects and purposes of Law, and especially Chapter 104 of the Laws of Malta.
So much so that you may know how to regulate yourselves.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1064
1064Bann for Curators.
Republic of Malta.
To the Court Marshall
By means of a decree given by this Court, on the 23rd June 2014, following a request of Advocate Dr Louis Bianchi noe, it was ordered that deputy curators be chosen to represent TRAM P/C De Gabes KM 2.5 Zone Industrielle Sidi Salem 3000, Sfax, Tunisia, in the records of the Sworn Application 532/2014 MCH, in the names Advocate Dr Louis Bianchi vs Deputy Curators and in the relative and subsequent acts.
By means of an Application, filed, in the First Hall Civil Court, in the names Advocate Dr Louis Bianchi (ID 27347M) as special mandatary of the foreign company Lacoste SA of 23/25, Rue de Provence, 75009, Paris, France vs Deputy Curators to represent TRAM P/C STE SKT, Route De Gabes KM 2.5, Zone Industrielle Sidi Salem 3000, Sfax Tunisia, on the 19th June 2014, the applicant Advocate Dr Louis Bianchi noe respectfully pleaded and asked this Honourable Court;
1. To declare that the objects consisting on which there are the marks LACOSTE and particularly a crocodile –CROCODILE, consisting in two thousand two hundred (2,200) polo shirts and which are presently under the authority of the Comptroller of Customs after he suspended the release of the container Number ECMU 8071944, containing the said articles which contravene the rights of intellectual property in regard to its trademarks mentioned in the application.
2. Order the Comptroller of Customs to dispose of the said objects outside the chanels of Commerce in such a manner as to preclude damage to the plaintiff company or order the Comptroller of Customs to destroy those those objects without compensation to the defendant.
3. To take or order the Comptroller of Customs to take as regards those objects any measure that shall have the effect to deprive the defendant from the economic benefits of the transaction.
4.Order that the defendant is to bear all the expenses in connection with the measures ordered in terms of the second and third demands of the plaintiff including the costs from the storage place till the eventual destruction.
With costs, against the defendant summoned so that a reference to its evidence be made.
Witnesses.
List of Documents.
Applicant: 17/3, Triq Sir Augustus Bartolo, Ta’ Xbiex.
Respondent: Courts of Justice, 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. Justice Anthony Ellul LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1065
1065By means of a decree given on the 13th May 2014, in the records of the judicial letter number 680/14, in the names John Caruana et vs Rita Borg et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondents, in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Rita Borg of 85, Milagros, Ta’ Brandin, Siġġiewi and Mario Farrugia of St Rita, Triq Mons Mikiel Azzopardi, Siġġiewi on the 17th March 2014 John Caruana (ID 288954M) and Peter Caruana (ID 1003246M) of89, Triq iċ-Ċervjola, Marsaskala, in their capacity as owners of the field at Bir ix-Xewk, in Siġġiewi, solicit you so that within four days you pay the sum of €5.82 respresenting the agricultural rent due by you to the applicants for the last five years.
In default of payment within the time given toyou, the applicants will proceed for the immediate eviction from the said field in terms of law.
So much of your own guidance.
With costs and interest.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1066
1066By means of a decree of the 15th May 2014 in the records of the judicial letter number 567/14 in the names Emanuel Busuttil vs Aaron Schembri, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Court on the 24th February 2014 against Aaron Schembri of 102, St Mary Street, Tarxien, Emanuel Busuttil (ID 21355M) exercising trade under the name of Emanuel Busuttil & Sons of Renclint, Triq il-Labour, Żejtun, calls upon you so that you pay the amount of €5,953.52, representing the balance due from a larger amount consisting in the price of contract of works duly carried out and executed by the applicant since notwithstanding various requests for payment of the said sum, till today payment has not been made.
Accordingly, the respondent is solicited to pay the sum of €5,953.52 and this by not later than one week from the date of this judicial letter.
In default, you are being informed that without further notice, legal procedures will be taken against you and the costs will increase.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1067
1067By a decree of the Court of Magistrates (Malta) of the 18th June, 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).
Bank of Valletta p.l.c (C2833) of 1/5 Misraħ San Ġorg, Valletta, VLT 1190 filed a Claim on the 24th February, 2014, whereby they asked the Court to condemn Thomas Bugeja and Helen Maria Bugeja (ID 388405L) of 4A, Binja Ġebel id-Dwejra, Triq San David, Mtarfa, to pay the plaintiff company the sum of €6,053.20 which amount is due to the plaintiff company.
With costs and interests.
The case (Notice Number 67/14CSH) is put off to the 9th July 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1068
1068NOTICE
Whereas Clifford Xuereb et filed an application under oath (No. 557/2014/LSO), demanding Correction in the Act of Birth number 2729/2009 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 1069
1069By means of a decree given, on the 24th June, 2014, by the Civil Court (Family Section) in the records of the Sworn Application in the names Marina Ciarlò vs John Baptist Sammut, application number 94/14 AL, 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, filedin the Civil Court (Family Section) Sworn Application in the names Marina Ciarlò vs John Baptist Sammut, Application n number 94/14 AL, the applicant Marina Ciarlò (ID 773954M) asked this Honourable Court;
1.To declare the dissolution of the marriage between the parties celebrated on the 16th April 1980, in terms of Article 66D (2) of Cap. 16 of the Laws of Malta and uphold the other demands in the application.
Applicant: Marina Ciarlò - 11, Triq is-Siegħ, Ibraġ, Swieqi.
Respondent: John Baptist Sammut - 54, Valley Road, Birkirkara.
The Sworn Application in the names Ciarlò Marina vs Sammut John Baptist, application number 94/14 AL,has been put off for hearing to the 18th July, 2014, at 10.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1070
1070By a decree of the 26th May, 2014 given by the Court of the Magistrates, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Alfred Camilleri on the 15th May, 2014 is asking for the withdrawal of the amount of €458.01 deposited by the Schedule of Deposit number 884/2014 in the names of Alfred Camilleri vs Giovanni Carmelo Mugliette (ID 301404L)
The Court ordered the notification of this application with one week to file a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 1071
1071NOTICE BY THE REGISTRY OF THECIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Tarquin Vella (ID 405690M) filed an application under oath (No. 124/14 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Chaylon Vella number 4016/2009 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 1072
1072NOTICE BY THE REGISTRY OF THECIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Luca Sperandeo (ID 338391M) filed an application under oath (No. 133/14 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Zaya Debono number 912/2014 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 1073
1073It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 30th June 2014 (Application number 40/2014) Maria Assunta Zerafa and others requested the opening of the SUCCESSION ofNoe Zerafa,son of the late Paul Zerafa and Mary Annie née Grima, born in Ghajnsielem, Gozo where he used to reside, and who diedin Victoria on the 8th of October, testate, and which opening of succession is to be made in favour ofMaria Assunta widow of Joseph Zerafa, Frank, John, Emerenziana, Karmenu, Maria, Anthony, Michael, Loreta widow of Joseph Lateo, Rita, Nancy wife of Joseph Mercieca, brothers and sisters Zerafa as to one eleventh (1/11) 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.
Voluntary Jurisdiction
Maureen Xuereb
For the Registrar, Gozo Courts and Tribunals
Notice 1074
1074By means of a decree given on the 14th June 2014,by the Civil Court (Family Section) in the records of the Letter Number 389/14, in the names Mario Pisani vs Carmen Magion, 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 an application filed with Urgency, in the Civil Court (Family Section) in therecords of the letter of Mediation 389/14, in the names Mario Pisani vs Carmen Mangion, the applicant Mario Pisani ID 3268M, respectfully pleaded:
That he is legally separated from his wife by means of a judgement in the names Pisani vs Pisani, Writ of Summons Number 134/05 NC, decided 30th October 2008;
That the applicant is the father of the minor ...omissis..., who is today fourteen years old and it is stated from the beginning that in virtue of a decree in the records of the General Application No 166/09, in the name of ‘Pisani vs Pisani ‘ given on the 30th October 2009, the applicant lost the right of access to the minor, because unfortunately due to the trauma of separation the applicant had entered into a problem of abuse of alcohol.
.........omissis..........
That it happened that the applicant had during the last few weeks been talking to the girl because she expressed difficulty regarding her sexual orientation. That the applicant recommended, that he together with the wife and daughter meet ...omissis.. that the meeting was held but it was evident from the beginning that the mother took this matter very badly and declared that she was not going to accept the daughter in her house, if she does not change her direction.
That since that day it appears that the relationship between the girl and daughter ended up completely so much so that it escalated into a violent accident. That in this incident the district police intervened.
That in that situation the daughter went to her mother’s sister whose name is Daphne Mangion, also legally separated and till now she is there because although she wanted, insisted to go with her father, the police were of the opinion that before there shall be a better decree the girl is not to go with the father. That the applicant understood all this and he himself gave his consent so that during this transitory period, till there shall be a decree, the girl shall remain with her mother’s sister.
That it appears from these circumstances that it shall not be wise in the interest of the girl that one awaits for the mediation.
.............omissis...........
That the girl is today literally frightened from her mother. She is asking the applicant to be present even when the school van takes her to her aunt, who amongst other things lives in the same block of apartments with the mother and the mother unfortunately denied the girl of her personal belongings. That this situation is not acceptable.
That it appears that the girl even because of the dispute mentioned found refuge with the applicant and thus he acknowledged this delicate period and he is prepared to commit himself and do all that is necessary so that the girl remains with him. That the applicant made it clear that it is not his pleasure that his daughter and her mother ended up in this manner, but once things have taken this course, he is not disposed to let his daughter roam about here and there, with the fear that her character gets worse.
.............omissis..........
Thus the applicant respectfully requests:
1.That the hearing is held with urgency, always at the discretion of the Court;
2.That the applicant be entrusted with the care and custody of the minor ...omissis...;
3. That he be given every opportune provision amongst which that for a transitory period, till the dispute is resolved the girl lives with the father.
4. To take every opportune provision.
Man: 1, Salini Flats, No 4, Triq il-Bajja tas-Salina, Salina, Naxxar.
Service: 37, Gaudi, Triq William Baker, Gudja.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1075
1075By means of a decree given, by the First Hall Civil Court, on the 29th May 2014, in the records of the Sworn Application, in the names P.M.C. & Sons Limited (C 38663) vs C&C Contractors Limited (27211) Application number 1094/13 SM, the following publication was ordered for the purpose of service of the defendant company, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn Applicationfiled in the First Hall Civil Court, in the name P.M.C. & Sons Limited (C 38663) vs C&C Contractors Limited (27211) on the 13th November 2013, the applicant P.M.C. & Sons Limited (C 38663) asked this Honourable Court:
1) To condemn the defendant company to pay the plaintiff company the sum of twenty eight thousand six hundred and thirty-five ewro and seventy nine cents (€28,635.79) representing balance due on the amount of (€66,930.13) and this for services of demolition and excavation of property in Haz Zabbar and Santa Venera, following the appoinment of the defendant company.
With costs and legal interests till the effective payment against the defendant company summoned so that a reference to its evidence be made.
Applicant: 52, Ġużeppi Ellul Street, Luqa.
Defendant: Villa Albano, Annibale Preca Street, Lija.
The Sworn Application in the names P.M.C. & Sons Limited (C 38663) vs C&C Contractors Limited (27211) application number 1094/13 SM has been put off for hearing to the 16th October at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1076
1076By means of a decree given on the 24th April 2014, by the Civil Court (Family Section) in the records of the Sworn Application in the names Brincat Tamara Jane vs Brincat Daniel, application number 235/08 AL, following publication was ordered for the purpose of service of the defendant, 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 Tamara Jane Brincat vs Daniel Brincat and by decree of the 27th June 2008, Francis Brincat took over the proceedings instead of the absent Daniel Brincat, the applicant humbly asked this Honourable Court;
1....To declare the personal separation between the parties due to the faults imputable solely to the defendant and uphold the other demands in the application.
With costs, against the defendant summoned so that a reference to their evidence be made.
Applicant: Princess Apts, Flat 1, Triq il-Qantar, l-Ibraġ, Swieqi.
Respondent: Princess Apts, Flat 1, Triq il-Qantar, l-Ibraġ, Swieqi.
The Sworn Application in the names Brincat Tamara Jane vs Brincat Daniel, application number 235/08 AL, has been put off for hearing to the 28th October 2014, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals