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Court Notices published in Govt. Gazette No. 19,291 of 1 August 2014
01/01/2014
Notice 1221
1221By means of a decree given on the 10th July, 2014 in the records of the Sworn Application, in the names Catermax Limited vs Joseph Attard, application number 553/14 AF, the following publication was ordered for the purpose of the defendants 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 Catermax Limited (C 50842) vs Joseph Attard (ID 12577M), and his wife, Francina Attard née Farrugia (ID 174880M), on the 24th June, 2014, the applicant company Catermax Limited asked the defendants to state why for the reasons mentioned in the application, the Court should not:
Proceed to give judgement according to the demand of the plaintiff company without proceeding to a hearing in terms of Article 167 to 170 of Cap. 12, condemn the defendants to pay the plaintiff company the amount of thirteen thousand eight hundred and forty Euro (€13,840.00), representing balance of a larger sum for a wedding which which was organised in their name by the applicant company, on the 11th October, 2013 and uphold the other demands in the application.
With costs and legal interest as demanded against the defendants summoned so that a reference to their evidence be made.
Applicant: 22, Europa Centre, John Lopez Street, Floriana.
Service: 17, Sammut Street, Paola.
The Sworn Application in the names Catermax Limited vs Joseph Attard, application number 553/14 AF, has been deferred for hearing to the 23rd October, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1222
1222By a decree delivered by theCourt of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 9th of April, 2014 in judicial sale number 15/2014 in the names:Dr Carmelo Galea noe vs Gillian Earl, Monday, 6th October, 2014 at 10.00 a.m has been scheduled for the Sale by Auction to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following properties:
The flat internally marked number seven (7), forming part of the block of flats without number known as ‘Patrick Court’, Block A, Triq il-Kappillan Franġisk Mizzi, formerly Triq ġdida in Triq Simirat, Għajnsielem, Gozo, together with garage internally marked two (2) in basement level, underlying and forming part of the same block, the whole forming part of ‘Patrick Court’ Block A and Block B, built on a plot of land of about three hundred and seventy square metres 370 (square metres), and bounded on the North with the street, South with property of Patrick Mercieca, and on other sides with property of the Gozo Diocese, valued at €180,000.
This property pertain to one half (1/2) to Veronica Flores Castro Thompson, and the other one half (1/2) to Gillian Earl, and this as better described in the judgement of the 25th of October, 2013 in lawsuit number 19/2013 in the names: Dr Carmelo Galea noe versus Gillian Earl, decided by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section.
The said property will be sold as described in the report made by AIC Alex Bigeni on the 13th of March, 2013.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 1223
1223NOTICE
Whereas Joseph Cyril, sive Cyril Gabarretta, filed an application under oath (No. 661/2014/LSO), demanding Correction in the Act of Birth number 5877/1946 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 1224
1224By means of a decree given by the First Hall Civil Court, on the 19th June, 2014 in the records of the Sworn Application in the names Jet Services Limited vs John Abela Limited et, application number 351/14 JPG, the following publication was ordered for the purpose of service of the respondent company John Abela Limited (C 18181) 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 Jet Services Limited (C 16337) vs 1. John Abela Limited (C 18181); 2. Alfaran Trailers Maintenance and Logistics Services Limited (C 31341), on the 25th April, 2014 the applicant Jet Services Limited (C 16337) as represented by Olvin Galea (ID 100975M), asked the respondents to state why this Honourable Court should not:
Declare the respondents responsible for the theft of merchandise, declare the respondents responsible for the payment of the value of the same merchandise demanded from the applicants by third parties, and uphold the other demands in the application.
With costs and with interest as demanded against the respondents summoned so that a reference to their evidence be made.
Applicants: Frezza Buildings, Notabile Road, Mrieħel.
Respondent: Annie House, Giovanni Barbara Street, Ħamrun.
The Sworn Application in the names Jet Services Limited vs John Abela Limited et, application number 351/14 JPG, has been deferred for hearing to the 30th October, 2014 at 9.40 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1225
1225By a decree given on the 14th May, 2014 by the Civil Court First Hall, the Court 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).
By the application filed in the Civil Court First Hall, on the 14th February, 2014 by Bank of Valletta plc (C 2833), application number 5/14 in the names Bank of Valletta plc vs P & D Properties Limited being asked that the Court orders the Sale by Auction of the:
The penthouse with its own airspace, number six (6), located on the left hand side on the third floor level when facing the block with the letter ‘A’ named ‘Oak Leaf Apartments’, in Main Street, Mosta. The said penthouse is overlying apartment property of successor in title of Baħrija Properties Development Limited, and including the uninterrupted perpetual use of the common parts of the said block, including staircase, stairwell, lift well, lift, shafts, drains, landings, corridors, main hallway and entrance, and main door, and internal courtyards of the complex. The rest of the apartments in the block have access to that penthouse roof to install a water tank, satellite dish or television aerial common motors air conditioning, and in some cases installation of solar heaters, with their respective right of access to it, after giving purchaser reasonable prior notice, for the purposes of maintenance and repairs of such services and utilities.
The penthouse enjoys and is subject to active and passive servitudes resulting from its position, otherwise free and unencumbered, with all its rights and appurtenances.
The said property belongs to P & D Properties Limited (C 41321).
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1226
1226NOTICE
Whereas Dr Ro’Anna Borg and Wayne Grima filed an application under oath (No. 651/2014/LSO), demanding Correction in the Act of Birth number 2341/2003 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.
Josette Demicoli
For the Registrar Civil Courts and Tribunals
Notice 1227
1227By means of a decree given on the 24th June, 2014 by the Court of Appeal (Inferior Jurisdiction) in the records of the Appeal Application, in the names Catherine Darmanin et vs Miriam Cutajar Fiorini et,Applicationnumber 116/10, the following publication was ordered for the purpose of service of Simone Georgina Meech in terms of Article 187 (3) et. seq. of Cap. 12.
Whereas the written procedures in the cause before the Court of Appeal between Catherine, wife of Joseph Darmanin, and the same Joseph Darmanin and Joseph Camenzuli vs Miriam Cutajar Fiorini and Simone Georgina Meech, and Advocate Karl Briffa as mandatary of the absent Sylvia Bellamy have been closed, the Court fixed the hearing of this cause on Tuesday, eighth (8th) of July, 2014 at 9.00 a.m. and deferred for the 24th November, 2014 at 9.00 a.m.
Service:(i) ...........omissis...........
(ii) Simone Georgina Meech, 62, Triq il-Pellegrinaġġ, Bormla.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1228
1228By means of a decree given on the 26th June, 2014 by the Civil Court First Hall (Constitutional Jurisdiction), in the records of the Application in the names Buttigieg Dolores, sive Doris vs The Attorney General et, Application number 24/14 LSO, the following publication was ordered for the purpose of service of the respondent Pauline Cini in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Doris Buttigieg vs The Attorney General and Pauline Cini, holder of identity card number 10356(G), for any interest she may have on the 28th March, 2014 the applicant Doris Buttigieg holder of identity card number 740747(M) respectfully pleaded:
That the applicant had acquired a premises from Auxilio Baldacchino, consisting in a tenement, which at that timewas without name and without number in shell form, overlying a garage property of the vendor, and which had an independent and separate door in Triq Maħsel, Qormi, bordering on the East with the said Triq il-Maħsel, on the North with property of George Vella, and on the South with property of the heirs of Salvatore Axisa, and on the West with property of the vendor Auxilio Baldacchino or more correct boundaries.
That this acquisition had been made by means of a contract dated thirteenth (13th) of June, of the year one thousand nine hundred and ninety (1990), in the records of Notary John Cachia Zammit.
That subsequently and namely on the ninth (9th) of February, of the year one thousand nine hundred and ninety-three (1993), the applicant had granted this premises to Pauline Sammut, previously Cini, by title of temporary sub-emphteusis for a period of twenty-one years (21) years towards the annual and temporary subgroundrent of €442.58 payable every six months in advance and the correspective of €6,988.12 payable only once.
That nothwithstanding that the period provided in the contract of the 9th February, of the year one thousand nine hundred and ninety-three (1993) lapsed, the respondent has the right to continue to occupy the premises in question by title of lease in terms of Article 12 of Cap. 158 of the Laws of Malta.
That the rent payable according to the same Articlecan in no way be considered just, considering the real value of the premises in question.
That however there are a number of judgements which established that Article 12 of Cap. 158 violates the rights of the owner as protected in Article 37 of the Constitution, and the first Article of the first Protocol of the European Convention.
That in this sensethe applicant refers to the judgement in the names Mario Galea Testaferrata et vs The Prime Minister, The Minister of Justice et given by the First Hall Civil Court (Constitutional Jurisdiction) on Tuesday, third (3rd) of October, of the year two thousand (2000) by Hon. Mr Justice Ray Pace.
Declaresthatin terms ofArticle 46 (2) ofthe Constitution of Malta, the amendments introducedby means of Act Number XXIII of 1979 today Articles 12 (4) and (5) of Cap. 158 ...omissis... are anticonstitutional since they constitute a violation of the fundamental human rights vaunted by the applicant under Article 37 of the Constitution of Malta.
...........omissis...........
That it has to be emphasised that although there was an appeal from the judgement above mentioned, the appeal was declared deserted.
That in this sense, the applicant refers to the judgement in the names Paola Vassallo vs Marija Dalli, given by the First Hall Civil Court by Hon. Mr Justice Ray C. Pace on the thirteeth (30th) of October, 2008 where in an authoritative manner the following was pronounced:
That this Court feels that once such provisions of law quoted by the defendant were declared null and without effect, and this because they violate the fundamental human rights, and such judgement became res judicata, in view of Article 6 of the Constitution, this Court cannot apply the sameand this because the same Constitution prevails and where the same law is inconsistent with this, that law according to the same Article should be considered as null and without effect, and this independently from the fact whether the legslative organ takes measures to remove the same law or avoid such violation.
That furthermore, the appellants refer to the judgement given recently by the Constitutional Court in the names Dr Cedric Mifsud et vs The Attorney General et, given on the 25th October, 2013 whereby it found that Article 12 (2) of Chapter 158 of the Laws of Malta are inconsistent withfundamental rights as sanctionedin Article 1 of Protocoll 1 of the European Convention for Fundamental Human Rights.
...........omissis...........
Thus, the applicant humbly prays this Honourable Court:
(1) To declarethat the current laws in particular Article 12 of Cap. 158 of the Laws of Malta are imposing conditionswhich violate the right of the applicant to the enjoyment of her property in violation of Article 37 ofthe Constitution, and Article one of the First Protocoll of the European Convention.
(2) Consequently declare that the relative laws in particular Article 12 of Cap. 158 of the Laws of Malta null and without effect for all intents and purposes of law.
(3) Give to the applicant those remedies it deems fit in the situation, including the taking back of possession of the premises with the address ‘Mon Nide’, Triq il-Maħsel, Qormi.
(4) Liquidate the adequate compensation which is to be paid to the applicant due to the violation of her fundamental human rights, and this under those provisions it deems fit and opportune.
Applicant: 4, Sqaq tal-Baġġi, Żejtun.
Respondents: (i)...........omissis...........
(ii) Pauline Cini, ‘Mon Nide’, Triq il-Maħsel, Qormi.
The Constitutional Application in the names Buttigieg Dolores, sive Doris vs The Attorney General et, Application 24/14 LSO has been deferred for hearing to the 28th October, 2014 at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1229
1229By means of a decree given by the First Hall Civil Court, on the 19th June, 2014 in the records of the Sworn Application in the names Jet Services Limited vs John Abela Limited et, application number 351/14 JPG, the following publication was ordered for the purpose of service of the respondent company Alfaran Trailers Maintenance and Logistics Services Limited (C 31341) 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 Jet Services Limited (C 16337) vs 1. John Abela Limited (C 18181); 2. Alfaran Trailers Maintenance and Logistics Services Limited (C 31341), on the 25th April, 2014 the applicant Jet Services Limited (C 16337) as represented by Olvin Galea (ID 100975M), asked the respondents to state why this Honourable Court should not:
Declare the respondents responsible for the theft of merchandise, declare the respondents responsible for the payment of the value of the same merchandise demanded from the applicants by third parties, and uphold the other demands in the application.
With costs and with interest as demanded against the respondents summoned so that a reference to their evidence be made.
Applicants: Frezza Buildings, Notabile Road, Mrieħel.
Respondent: Annie House, Giovanni Barbara Street, Ħamrun.
The Sworn Application in the names Jet Services Limited vs John Abela Limited et, application number 351/14 JPG, has deferred for hearing to the 30th October, 2014 at 9.40 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1230
1230By a decree given by the Civil Court First Hall, on the 21st July, 2014 on the application of Mark Gaffarena et, Thursday, 9th October, 2014 at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held in the first floor of these Law Courts, Republic Street, Valletta, of the following properties:
1. Seven out of twenty-four (7/24) undivided share of the tenement number fifty-five (55), in Triq iż-Żonqor, Marsaskala, granted to third parties by title of lease, otherwise free and unencumbered, which share is valued at twelve thousand Euro (€12,000).
2. Seven out of twenty-four (7/24) undivided share of the adjacent tenements number one hundred and forty-four (144), one hundred and forty-five (145) and one hundred and forty-six (146), in Triq San Ġużepp, Ħal Tarxien, which property is free and unencumbered, and which share is valued at eighty-five thousand Euro (€85,000).
The said tenements are the property of Louis Conti on behalf of Erminia Conti.
N.B. The said tenements will be sold as described in the acts of file number 58/10.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1231
1231By a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 16th of May, 2014 in the records of writ of summons number 10/2008 in the names ofDorothy Buttigieg et vs Dr Georgine Schembri noe et, the day of Monday, 20th October, 2014 at 10.00 a.m. as ordered by a decree given on the 29th July, 2014 has been fixed for the Sale by Licitation to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following properties:
1. Tenement number two hundred and two (202), Triq tal-Għajn, Fontana, Gozo, with a garden annexed, valued at €560,000.
2. Portion of land known as ‘Ta’ Gerxija’, limits of Victoria, Gozo, in two adjacent portions known as ‘Ta’ Barra’ and ‘Ta’ Gewwa’ respectively, measuring a total of 3,818 square metres, and everything bounded on the East part with the road and in part with a third party property, West with a passage and with property of Sultana’s family or other correct boundaries, valued at €63,000.
3. Portion of land known as ‘Ta’ Pinu’, limits of Victoria, Gozo, measuring 458 square metres, and bounded on the South East with a passage, North and West with property pertaining to the Gozo Diocese or successors in title, valued at €4,750.
4. Portion of land known as ‘Ta’ Pinu’, limits of Victoria, Gozo, measuring 330 square metres, and bounded on the North, West and East with property pertaining to the Gozo Diocese or successors in title, valued at €3,420.
5. Portion of land known as ‘Ta’ Ras il-Bajjada’, limits of Munxar, Gozo, measuring 3,558 square metres, bounded on the North with property of Grech’s family and North West with property of Gauci’s family or any other correct boundaries, valued at €59,000.
These properties belong to the parties in the said writ of summons and will be sold as described in the report sworn to by AIC Mario Cassar on the 15th of April, 2009 and in the report sworn by the additional architects AIC Valerio Schembri, AIC Anna Maria Attard Montalto and AIC Frank Muscat on the 29th of October, 2009 in the records of said writ of summons.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 1232
1232By means of a decree of the 6th December, 2013 of the Civil Court First Hall, in the records of judicial letter number 3071/13, in the names Motor Insurers’ Bureau vs Balan Cosmin Liviu, the following publication for the purpose of effecting service was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: Balan Cosmin Liviu (ID 49144A), of Elmina, Flat 4, Triq il-Ġogi, Swieqi.
By the present, Motor Insurers’ Bureau, of 43A/2, St Paul’s Buildings, West Street, Valletta, refers to the claim submitted to it by the compensation body CONSAP (Concessionaria Servizi Assicurativi Pubblici S.p.A.) in terms of Directive 2000/26/EC in connection with the traffic accident which took place on the 8th October, 2012 in Main Street, St Julians, in which accident Brigitta Georgine Meining was injured and suffered damages, and which accident took place due to your fault while you were driving a vehicle of the type BMW, and for which accident and damages you are responsible at law.
The sender Motor Insurers’ Bureau is holding you responsible for all damages, costs and interests which it may be obliged to pay in connection with the above mentioned accident, and it will proceed to recover from you all damages, costs and interests which it may have to pay in connection with the above mentioned accident.
You are requested to declare if the vehicle you were driving in the above mentioned accident of the type BMW was covered by a policy of insurance, and to provide to the sender Motor Insurers’ Bureau the details of the policy.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1233
1233By a decree of the Administrative Review Tribunal, of the 28th October, 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).
Administrative Review Tribunal
Magistrate: Dr Gabriella Vella BA, LLD
Application number 302/12 VG
Marsec-XL Foundation vs Commissioner of Value Added Tax
The Tribunal
Viewed the acts and reappoints the application for submission of evidence by the applicant company to Tuesday, 27th November, 2012 at 12.15 p.m., as subsequently deferred for the 9th October, 2014 at 11.15 a.m.
Orders that a copy of this decree be served on Marsec-XL Foundation vs Commissioner of Value Added Tax.
Dr Gabriella Vella, Magistrate
Service: Marsec-XL Foundation, Vaults 13-15 Valletta Waterfront, Floriana.
STEFANIA SCICLUNA
For the Registrar Civil Courts and Tribunals
Bann for Curators
1234Republic of Malta
To The Marshall of the Court
By means of a decree by the First Hall Civil Court, on the 17th July, 2014 following a request of Dr Patrick J Galea nomine, it was ordered that deputy curators be chosen to represent the absent Detlef Tiggeler, in the records of the Garnishee Order 1063/2014, in the names Dr Patrick J Galea noe vs Deputy Curators, and in the relative and subsequent acts.
By means of a Garnishee Order filed in the First Hall Civil Court in the names (Creditor) Dr Patrick J Galea (ID 639759M) as special mandatary of Raiffeisen Bank International vs (Debtor) Deputy Curators to represent the absent Detlef Maximilian Tiggeler, born on the 12th January, 1961 in Monchengladbach, in Germany, ofGerman Nationality, and who has German Passport number 5072133461, on the 16th July, 2014 the applicant Dr Patrick J Galea noe respectfully pleaded:
That this Honourable Court orders the issuing of the Garnishee Order in the handsof the Garnishee/s as mentioned hereunder against the debtor for the under mentioned credit, and for the costs of this procedure in security of the credit hereunder indicated in execution of the executive title hereunder mentioned.
Credit: Capital 355,746.91 (Three hundred and fifty-five thousand, seven hundred forty-six Euro and ninety-one cents).
Interest reserved
Costs reserved
Title/ Executive Title. Amount paid unduly andby mistake and without title to the account held by the respondent with HSBC Bank Malta plc.
Garnishee: HSBC Bank Malta plc, Valletta.
Advocate: Dr Patrick J Galea.
Confirmed under oath before me after I read its contents and in the presence of PL JP Busuttil.
Creditor: c/o 58, Old Bakery Street, Valletta.
Garnishee: HSBC Bank Malta plc, 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 Noel Cuschieri LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals