Court Notices published in Govt. Gazette No. 19,406 of10 April 2015

By means of a decree given on the 3rd March, 2015, by the First Hall Civil Court, in the records of the Application, in the names Official Receiver In His Capacity of Liquidator Of vs Alamango Steve et, application number 61/2015 JZM, the following publication was ordered for the purpose of service of the defendant Steve Alamango 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 Official Receiver, in his capacity of liquidator of the company Smart Malta ICT Limited (C 41884) according to a decree dated 30th March, 2010, vs 1. Steve Alamango (ID 201384M); ii. Geoffrey Farrugia (ID 366483M), on the 23rd January, 2015, the applicant Official Receiver Dr Kevan Azzopardi, (ID 493674M), in his capacity premised respectfully pleaded:

1. That the company Smart Malta ICT Ltd (C41884) was registered on the 17th July, 2007. The first shareholders were the respondents Steve Alamango (ID 201384M) and Geoffrey Farrugia (ID 366483M), both holders of two hundred fifty (250) Ordinary shares of €2.329373 each. The same respondents were the only directors and legal and juridical representatives of the company mentioned, whilst the respondent Steve Alamango occupied the post of secretary of the company.

2. That the company Smart Malta ICT Ltd (C 41884) was dissolved in a state of insolvency by a decree given by this Honourable Court, on the 30th March, 2010.

3. That this Honourable Court appointed the applicant as liquidator of the company Smart Malta ICT Ltd with all the powers and duties according to Article 228 et. seq. of Cap. 386 of the Laws of Malta.

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4.That in execution of his appointment the Official Receiver prepared a report, dated 19th November, 2012, which is exhibited in the records of this application with number 944/2009 JM, in the names Gutenberg Press Ltd (C 8936) vs Smart Malta ICT Ltd (C 41884).

From this report, there briefly result ‘inter alia’ the following points:

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5. That nothwithstanding various attempts to hold meetings and that the information demanded be sent the respondents namely the directors of the company Smart Malta ICT Ltd showed total disinterest till this day.

6. That from the documents registered at the Registrar of Companies, it results that after the company Smart Malta ICT Ltd was formed its directors did not send ‘audited financial accounts’, nor did they send ‘annual returns’, and thus failed to obsetve the obligations imposed upon them by Articles 167 and others of Cap. 386 of the Laws of Malta.

7. That without prejudice to the above, it appears that the directors did not hold financial accounts of the company.

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9. That from the facts above exposed and from facts which shall result in the course of the pleadings and the gathering of evidence before this Honourable Court, it should result that the respondent directors violated the obligations imposed upon them by law in Articles 314 and 316 of Cap. 386 of the Laws of Malta.

Thus for the reasons premised. the applicant humbly prays that this Honourable Court saving any necessary declaration that:

(a) The company Smart Malta ICT Ltd (C 41884) did not hold reasonable records of bills during the immediate two year period before its effective dissolution.

(b) The respondents knew before the insolvent dissolution of the company Smart Malta ICT Ltd (C 41884) that there was no reasonable prospect that the said company avoid the dissolution due to its insolvency.

(c) Declare that the respondents or either of whom are responsible to make payments in favour of the assets of the company in a sum which is not less than fifty thousand, eight hundred sixty three Euro (€50,863), together with further interest till the date of decision of this application, or other sum that this Honourable Court deems fit, in the circumstances so that at least there be covered the debt, expenses and interest that the creditors suffered, and there be paid the rights and costs connected with this application and with all the procedure of the liquidation of the company Smart Malta ICT Ltd, and this in terms of Article 316 (2) of Cap. 386 of the Laws of Malta.

With costs against the respondent.

Applicant: Dr. Kevan Azzopardi, Official Receiver, MFSA Building, Notabile Road, Imrieħel.

Service: 1. Steve Alamango, 7/42, Steeple View Mansions, Mrabat Street, Sliema.

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The Application in the names Official Receiever In His Capacity Of Liquidator Of vs Alamango Steve et, application number 61/2015 JZM, has been deferred to the 28th April, 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a judgment given by the Civil Court First Hall, on the 26th March, 2015, on the Application number 551/12 AE, in the names Dr Anthony Galea et vs Lea Hogg et, Thursday, 4th June, 2015, at eleven in the morning, has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta, of the following property:

The apartment number one (1), Block two (2), ‘Rocklands’, Windsor Terrace, Sliema, free and unencumbered, and garage situated at basement level, and have access from Stella Maris Street, valued at three hundred forty-nine thousand, four hundred and six Euro (€349,406).

The said tenement is the property of Dr Edwina Daly, Lea Hogg, Christian and Claude Tabone.

N.B. The said tenement will be sold as described in the acts of the file number 77/14.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 12th March, 2015, in the records of the Sworn Application, in the names Anthony Abela et vs Michael Spiteri et, Application number 153/15 LM, the following publication was order for the purpose of service of the creditors 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 records of the Garnishee Order, with number 105/15, in the names Anthony Abela (ID 707255M), Josephine Abela (ID 325451M), Ruben John Abela (ID 99678M), Rutger George Abela (ID 489290M), Ramon Abela (ID 471475M), Valerie Abela Fava (ID 323161M), and Joseph Baldacchino (ID 364053M) vs Michael Spiteri (ID 478085M) and Eileen Spiteri (ID 257170M), on the 18th February, 2015, the debtors Michael Spiteri and Eileen Spiteri asked for the revocation of the Garnishee Order with number 105/15, in terms of Article 836 and Article 838A of Cap. 12 of the Laws of Malta respectfully pleaded:

1. That on the 23rd January, 2015, the creditors demanded for the issuing of a precautionary Garnishee Order against the debtors in the amount of eighty thousand Euro (€80,000). The reasons indicated by the creditors for this demand refer to the counterclaims in the reconvention brought to the sworn application with number 1182/14 LM, and thus one has to see the counterclaims brought in the reconvention.

2. That the applicants are filing this application with a demand for the revocation ‘in toto’ of the garnishee order with number 105/15, on the basis of sub-sections 9 (d) and (f) of Article 836 (1) of Cap. 12 of the Laws of Malta since:

It is not reasonable that the Precautionary Act in the circumstances be held in force and it is not justificable.

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The amount is not prima facie justifiable.

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Lack of Proof prima facie.

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Request for the payment of penalty in terms of the Article in terms of Article 836 (8) (b) and (d) of Cap. 12.

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Request for the payment of Surety in terms of Article 838A of Cap. 12.

4. That the applicants are incurring huge damages as a result of the warrant de quo since it is hindering them seriously in their daily business, in the property sector, which business is their primary source of living.

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Thus and in view of the above, the applicants pray with respect that this Honourable Court so that saving any declaration and provision it deems fit and opportune it upholds the applicant’s requests:

(i) To cancel and revoke the precautionary garnishee order of the 23rd January, 2015, in the names premised with number 105/15, in terms of Article 836 (1) (d) of the Laws of Malta; and

(ii) Condemn and order the creditors to pay the penalty of not less than one thousand one hundred sixty four Euro and sixty-nine cents (€1,164.69), and not more than six thousand nine hundred eighty eight Euro and twelve cents (€6,988.12) to the debtors.

(iii) In default of upholding the first and second request ‘in toto’, order the creditors so that within an established period they give a reasonable guarantee in terms of Article 838A of Cap. 12 of the Laws of Malta, for the damages they suffered and they shall continue to suffer.

With costs against the creditors and saving any further procedure due to the applicants against the creditors.

Notify: Adv. Phyllis Aquilina, Courts of Justice, Valletta.

The Sworn Application in the names Abela Anthony et vs Spiteri Michael et, application number 153/15 LM, has been deferred for hearing to the 30th April, 2015, at 9.00 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 23rd February, 2015, following a request of Patrick Barbara, it was ordered that deputy curators be chosen to represent the uncertain owners of the annual and perpetual groundrent of the premises in Ħaż-Żabbar, in the records of the Schedule of redemption of groundrent with number 253/2015, in the names Patrick Barbara et vs deputy curators, and in the relative and subsequent acts.

By means of a Schedule of redemption of Groundrent filed in the First Hall Civil Court, in the names Patrick Barbara, son of Anthony and Antonia née Scicluna, born in Ħaż-Żabbar, holder of identity card number 282164M, and Monica Barbara, daughter of Joseph Saliba and Vincenza née Galea, born in Tal-Pietà, holder of identity card number 49368M vs Curators to represent uncertain owners of an annual and perpetual groundrent payable on the premises or rather garage situated in Triq ir-Redentur, Ħaż-Żabbar, on the 20th February, 2015, the interpellants Patrick and Monica spouses Barbara, holders of identity card numbers 282164M and 49368M respectfully pleaded:

That they are the owners of the premises or rather garage without name and number situated in Triq ir-Redentur, Ħaż-Żabbar, underlying property of third parties, and bordering on the North East with the street, on the South East with Triq iċ-Ċulgana, and on the North West with property of Carmel Chircop, and this as results from the attached public deed dated 27th November, 1995, drawn up by Notary Public Dr Mario Bugeja, LLD, attached and marked Doc. A.

That as results from the same public deed, the premises above indicated is subject to its rate of €0.47c annual and perpetual groundrent, otherwise free and unencumbered, with all its rights and appurtenances.

That he wants to avail himself of the law and redeem the said groundrent by depositing in favour of the respondents, the sum of €11.75 which represents the said groundrent capitalised at the rate of 5%, besides other payments in arrears due on the same groundrent, which sum is to be freely given to the respondent, provided he leaves the due receipt according to law.

Applicant: 30, Triq ir-Redentur, Ħaż-Żabbar.

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 Silvio Meli, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the 12th February, 2015, given by the First Hall of the Civil Courts, 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 Director of Value Added Tax, on 20th October, 2014, is asking for the withdrawal of the amount of €587.83 deposited by the Schedule of Deposit number 1343/14 in the names of:

Il-Kummissarju tat-Taxxa fuq il-Valur Miżjud vs Joseph Mifsud (ID 396253M) and Vincent Borg (ID 533649M), on their personal behalf and as directors and on behalf of Globino Ltd.

The Court ordered the notification of this application with a ten (10) days for filing a reply.

Marvic Farrugia

For the Registrar of Courts and Civil Tribunals

By means of a decree given on the 19th February, 2015, by the Civil Court (Family Section), in the records of the Sworn Application, in the names Cutajar Jason vs Abdessalem Ben Hayfa, Application number 194/14 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 Note of Submissions filed in the Civil Court (Family Section), in the records of the Sworn Application Number 194/14 AL, in the names Jason Cutajar (ID 209682M) vs Hayfa Ben Abdessalem (ID 26332A), on the 24th March, 2015, the interpellant Jason Cutajar pleaded the following:

That by means of a sworn application dated 3rd September, 2014, the plaintiff premised the following:

1.That the parties were married on the seventeenth (17th) of July, of the year two thousand and three, and from this marriage there was no offspring.

2. That the conjugal life between the parties is no longer possible.

3. That the parties have lived separately de facto for more than eleven years.

4. That the applicant was duly authorised to proceed for personal separation from his wife by the Civil Court (Family Section), by a decree of the twenty sixth (26th) of August, 2014.

The demands in the cause for separation.

1. The dissolution of the community of acquests and the liquidation of the same.

2. The declaration of the dissolution of marriage of the parties in terms of Article 66B of Cap. 16 of the Laws of Malta.

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6. That the Registrar be ordered to notify the Public Registry with the dissolution of marriage of both parties so that the necessary annotations be made.

That the respondent despite that she was duly notified chose not to file a sworn reply.

Torts for the Breakdown of the Marriage.

(a) The pressure which the respondent made on the applicant to marry her.

The plaintiff in his affidavit states that after four weeks from when the parties started to frequent each other, the respondent ‘started to tell me that she wished that we marry’ ... omissis...

Josef Azzopardi, a person that knew the applicant at that time, explains in his affidavit how ...omissis... ‘He had told me that the Tunisian had started to love him and was pressing him to marry her and she told him that in her country it was the custom, that if a woman and man love each other they should marry’.

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Brian Cutajar, brother of the plaintiff also spoke about the fact that his brother decided to marry quickly and he states this ...omissis...

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Josef Azzopardi also confirms how the applicant had spoken openly with him regarding the fact that ‘his girlfriend was threatening to leave him if he did not marry her quickly’.

(b) A marriage of convenience so much so that the marriage was never consumed and lasted only a few days.

That it amply results that the marriage of the parties lasted only a few days, and this because as the applicant himself states in his affidavit ‘As soon as he married her trouble cropped up between them. As soon as we went to the flat after the ceremony she started feeling sick’.

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Effectively, the respondent did not intend that her marriage with the respondent be a lasting one, that she did not even take his surname.

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It amply resulted that the marriage of the parties lasted only a few days, and was never consumed even because in the few days that the parties cohabitated the respondent always said that she was sick.

Forfeiture of the respondent.

That as explained further up, the breakdown of the marriage did not take place due to the faults committed by the applicant, but due to the abusive behaviour of the respondent.

The dissolution and liquidation of the Community of Acquests.

This Honourable Court is to dissolve the community of acquests between the parties, it is humbly submitted that since the marriage of the parties lasted only a few days, the community of acquests between them has no assets.

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Declaration of Divorce in terms of Article 66 B of Cap. 16 of the Laws of Malta.

The applicant humbly submits that the marriage of the parties was celebrated on the 17th July, 2003, and lasted a bit more than a week, and this since twelve years ago, the respondent abandoned her husband and disappeared.

That it is submitted that from that day till today, the parties always lived separately defacto.

That since the marriage of the parties was never consumed, and thus there were no children there were no problems relating to the payment of maintenance.

That thus, it is humbly submitted that the applicant satisfied all the requisites of Article 66 B of Cap. 16 of the Laws of Malta for the dissolution of his marriage with the respondent Hayfa Ben Abdessalem.

Legal Expenses.

The applicant prays that in view of the above all the costs of the present cause are to be borne by the respondent.

So much has the interpellant to submit to the superior judgement of this Honourable Court.

Interpellant Jason Cutajar, 213, St Gaetan Street, Ħamrun.

Respondent: Hayfa Ben Abdessalem, 16, Kensington Court, Flat 7, Triq Bordino, St Paul’s Bay.

The Sworn Application in the names Cutajar Jason vs Abdessalem Ben Hayfa, application number 194/14 AL, has been deferred to the 30th June, 2015, at 9.15 a.m. for judgement.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals