Court Notices published in Govt. Gazette No. 19,585 of 03 June 2016

By order given by the Court of Appeal, in the records of Appeal Application in the names Professor Alex Torpiano, Dr Dion Buhagiar and Dr Marc Bonello, in their own name and in the name and in representation of the firm of Architects TBA Periti vs Josè Herrera, Appeal number 337/04 AE, Notice Number 337/04 GG, the following publication was orderded for the purpose of service of the respondent Josè Herrera, in terms of Article 187(1) et. seq. of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Appeal number 337/04 AE, Notice Number 337/2004 GG, in the names Professor Alex Torpiano, Dr Dion Buhagiar and Dr Marc Bonello, in their own name and in the name and in representation of the firm of architects TBA Periti of 26/1, Pjazza Sir Luigi Preziosi,Floriana vs Josè Herrera, on the 13 th November 2012, the applicants Professor Alex Torpiano, Dr Dion Buhagiar ID 143958(M) and Dr Marc Bonello in their own name and in representation of the firm of architects TBA Periti respectfully pleaded;

1. That by means of a Notice in virtue of which the plaintiffs asked the defendant to state why he should not be condemned saving the declaration that he is responsible of defamation and libel in regard to the plaintiffs due to the Article entitled ‘Deep Water Quay Tender’ which was published ‘page eleven of the issue of the 15th June 2004, of the journal ‘The Times’ is libellous and defamatory in regard to the plaintiffs..omissis.. and be condemned to pay that sum that the Court shall liquidate in an amount that does not exceed five thousand lira (Lm 5,000) equivalent to (€11,646.87) as damages.

2). That the defendant pleaded that the claims of the plaintiffs Professor Alex Torpiano,and Dr Dion Buhagiar are unfounded in fact and at law since they were not mentioned in the article in question and that as regards the plaintiff Dr Marc Bonello, it appears clearly that the defendant was referring to him in his capacity of Chairman of the Malta Maritime Authority which is public and thus the defendant had every right to practice his right of freedom of expression and criticize the workings of this person as Chairman of this Authority.

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3. That by a judgement of the 24th October 2012, the Court of Magistrates (Malta) after it concluded that in its opinion the contents of the article in question was truthful and consisted in fair comment.

4. That the plaintiffs felt aggrieved by this judgement and from which a humble appeal is being filed before this Court.

5. That the grievances of the applicants are the following:

a. Libellous Article.

The applicants submit that the article upheld by them as libellous is to be examined in its entirety and from the perspective of ordinary reader, which examination the Court of First Instance failed to do when it examined the article and particular parts of it in such a manner that these were isolated from the whole.

Regarding the distinction between expressions of interest and tenders, the Court of First Instance, failed to note well both that the article in question implies incorrect behaviour on the part of Dr Marc Bonello, even when the choice of the firm which had to make the provision of the necessary services by the Malta Maritime Authority took place without the participation of Dr Marc Bonello who in his testimony reiterated various times, the fact that he was asked not to be part of the selection board due to conflict of interest he had in regard to TBA Periti.

Furthermore as explained by the appellant Dr Marc Bonello, and unexplainable contradicted by the Court of First Instance, the exercise of expression of interest in fact does not involve the establishment of payment or tariffs, but it follows the tariff followed by all Maltese Architects. Thus it is evident that the Court of First Instance did not examine well the facts of the case and instead saw the facts from a prejudiced and erroneous analysis.

Interpellants submit that in fact the examination of the libellous article is to be made from the perspective of the ordinary reader and demands an objective study of the contents of the article in question and which study does not consider the fine intentions or not of the author, since it well established that the intention of who produces a printed article does not impinge on the existence of the libellous elements of the incriminating article.

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‘That it is not important to see what the author of the printed matter had in mind or see whether he had the ‘animus injurandi’ but what is important is that one understands what the ordinary reader and of normal intelligence understands when he reads it’

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Thus it is evident that by ordinary reader it is to be understood that which in English legal doctrine is called a ‘right –thinking person’ that is a person that does not enter into the details of what he reads but by interpreting the contents of the article ‘ in their natural and ordinary meaning’ i.e. in the meaning in which reasonable men of ordinary intelligence, with the ordinary man’s general knowledge and experience of worldly affairs would be likely to understand them’.

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Consequently the same Gatley continues by stating (op. ċit. page 44) that;

‘what imputation is conveyed by any particular words is to be determined on an objective test, that is by the meaning in which the ordinary reasonable man would understand them.’

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In the lawsuit Debrincat vs Caruana Vol XL1 p4 p 1406 it was decided that in the matter of written defamation the incriminating article is to be considered as a whole, so that when confronting one part with the other, there be scrutinised the true dominating concept of the whole Article’

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When one takes complete cognizance of these principles established both in the Maltese and English Courts, the conclusion is manifest that in the light of the incriminating article incorrect and abusive behaviour almost criminal is being attributed to all the applicants.

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The reference made in the same article written by the appellant for the proceeding of the case before the Industrial Tribunal, regarding the dismissal of a lawyer employed by the Malta Maritime Authority, is to be seen in the whole context of the Article where clearly the ordinary reader cannot but connect these unrelated points and not issue a negative picture of the appellant’s behaviour and consequently of all the appellants.

b. Libellous Article in regard to all the Appellants.

Although the First Court ignored this, the Maltese Courts upheld that an explicit reference to the persons libelled is not necessary so that the libel subsits.

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In the matter of written libel, libel can result by means of innuendo. The innuendo can be of two types that is: 

a) That in virtue of which the person which is not named by its name is identified and 

b) That by which there be established the sense of the words deemed libellous by the person which was defamed’.

It is evident that the two points above mentioned are present in the incriminating article that despite the fact that the names of Professor Alex Torpiano and Dr Dion Buhagiar are not mentioned in the article, reference is made to the civil partnership that together with Dr Marc Bonello, they work with and administer in order to exercise their profession that is the appellants TBA Periti. Thus they could not but feel libelled also with the written article of the respondent since that every bad light thrown on TBA Periti is directly attributable to them as well.

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Thus it is certainly doubtful as well that the Article wanted to address only some alleged irregularities in the behaviour of Dr Marc Bonello in the context of his public position when the same article directly mentions TBA Periti as follows;

‘Did TBA Periti think it will have advantage over the rest having as one of its partners the vice-chairman of the MMA and chairman of the tendering committee?

 The use of the rhetoric question cannot but reflect an implicit reply that the ordinary reader especially when the respondent described as ‘strange’ the fact that Dr Marc Bonello declare the conflict of interest that he had in the interest of justice and correctness in the granting of tenders to the Malta Maritime Authority. The ordinary reader faced with the following words;

‘There is a strange patter in both tenders, first Dr Bonello is involved in the preparation of the tender, then TBA Periti and CMC Ltd, file the submission, then Dr Bonello, after the opening of the submissions reveal to the MMA Board that he has a conflict of interest in the tender.’

cannot but conclude that TBA Periti and consequently all those that work under its name acquire any advantage from the post of that Dr Marc Bonello, occupied. The attribution of such behaviour cannot but be considered libellous.

c. The veracity of Facts and the principle of Fair Comment.

As well explained by the First Court the principle of fair comment when exercised objectively and with responsibility and with reference to the true facts is certainly to be applied in regard to Dr Marc Bonello in his post of Chairman of the Malta Maritime Authority.

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But as upheld by the Maltese Courts First Hall 13th October 2004,

‘Whilst it is acknowledged that a public figure can be subject to criticism even harsh, it is similarly acknowledged under a substantial profile that there should be no excess of the limits of that strictly necessary for the satisfying of the public interest’.

However it is evident that both the Firm TBA Periti, as well as Professor Alex Torpiano and Dr Dion Buhagiar are not public persons and do not cover any post in the public service and are not of public interest.

Maltese jurisprudence amply defends freedom of expression in the journalistic sphere and despite this, journalistic freedom and that of expression cannot in no manner be exercised in an anarchic manner whereby a journalist or writer can state all that he wants.

That as retained by the Civil Court, on the 23rd May 2002;

‘In cases that have generated great public interest and where public persons are involved the limits of comments are wide, however there are always limits. Such limits are dictated above all but that which is reasonable, but that which is decent and by that which can be accepted in society in particular.

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In a similar context it was upheld by the First Hall Civil Court, on the 24th October 2001, that, ‘the comment based on such facts is warranted in the sense that fair minded men might buona fide hold the opinion expressed upon them’ But if one considers that the incriminating article starts by indicating that Dr Marc Bonello had a conflict of interest, but at the same time it is declared in the same article that he had declared this conflict and he took the necessary steps to avoid it, the version brought in the article regarding alleged forms of abuse in the process of expressions of interest is certainly not valid and just.

It is in that context that one has to consider the versions of veracity of facts and of fair comment as brought forward by the respondent before the First Court. Maltese Courts, uphold that the plea of fair comment can be accepted once the facts are analysed by means of serious and diligent research and the criticism built on them is substantially and formally correct.

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If one analysis the facts as presented in the incriminating article it is evident that in no manner were they presented by the respondent in a truthful manner both from a substantial and formal manner. Determining facts which were badly reported are that there was no call for tenders but only expression of interest. The proof produced before the Court of First Instance including the notice issued by the Malta Maritime Authority clearly show that the demand of the same Authority was for a declaration of interest for the provision of consultancy service which is substantially different from a tender. In his article the respondent fails to make this diffference because he did examine well the circumstances.

Another fact that the respondent did not remember to mention in the incriminating article is that since Dr Marc Bonello was somehow involved in the Malta Maritime Authority TBA Periti was never granted any tender by the same Authority. The respondent instead tried to give the contrary impression by hypothesizing that TBA Periti was granted tenders by the Authority mentioned specifically due to the connection between TBA Periti and Dr Marc Bonello.

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Thus it fell on the defendant today respondent to show that the facts exposed in his article were substantially true and presented correctly which onus he did not satisfy. If anything the respondent’s article clearly shows an element of malice in regard to all the plaintiffs.

Thus the applicants whilst referring to all the proof produced and reserving to bring forward all other proof admissible according to law and reserve to make further submissions pray with respect that this Honourable Court, revoke the judgement appealed of the 24th October 2012, of the Court of Magistrates (Malta) and decide by upholding the appellant’s demands as demanded in this appeal application.

Whereas the written proceedings in the cause before the Court of Appeal between Professor Alex Torpiano, Dr Dion Buhagiar and Dr Marc Bonello in their own name and in the name and in representation of the firm of architects TBA Periti vs Josè Herrera’ have been closed, the Court, fixed the hearing of the cause on Wednesday seventh (7) of October 2015, at 9.00am and deferred to the 24th June 2016, at 10.00 a.m.

Appellants Professor Alex Torpiano, Dr Dion Buhagiar and Dr Marc Bonello, 43, Main Street, Balzan. 

Respondents: Dr Josè Herrera, ‘The Elms’ Flat 7, Triq Gorg Borg Olivier, Sliema.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 11th February 2016, in the records of the Sworn Application, in the names Bonello Michael et vs Dacoutros Peter James et, application number 332/15 LM, the following publication was ordered for the purpose of service of Dr Andrew Cassar and his sister Roberta married Azzopardi, Andrew Mangion Randon and De Giorgio Margerita Nikoleva and Marie Celine Samut-Tagliaferro, 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 Michael Bonello (ID 305356M) in the name and in representation of his absent sister Antonia Bonello (who has Maltese Passport number 397756) vs Peter James Dacoutros (ID 573551M) Michael Cassar and by decree of the 3rd December 2015, the records of the cause were transferred on to the name of Dr Andrew Cassar and Roberta Azzopardi due to the death of Michael Cassar, who died during the proceedings and his wife Carmen Cassar (ID 725129M) Simon Vella (ID 733762M) and his wife Rita Vella (ID 110163M) Valmhor Zammit (ID 759047M) and his wife Vivianne Zammit (ID 988948M) Peter Paul Engerer (ID 547659M) and his wife Maria Carmela sive Marica Engerer (ID 707062M) and Joseph Bonello, and by decree of the 27th April 2016, Andrew Mangion Randon (666682M) De Giorgio Margarita Nikolova (97111 L) W.D. Patrick, Ms. K. Patrick, Axisa Ronald (151442M) Axisa Rita (243242M) Pace Alfred (180636M) Pace Grace, Sammut Tagliaferro Marie Celine (778434M) Drago Antoinette (812145M) Drago Joseph (46843M) Alfred Farrugia (9200950M) and Eleonora sive Lorna Farrugia (755353M) were called into the cause, on the 14th April 2015,the applicant Michael Bonello (ID 305356M) in the name and in representation of his absent sister Antonia Bonello, as duly authorised by means of a power of attorney, dated 12th May 1999 (annexed Doc MB1) the applicant asked the respondent defendants to state why this Honourable Court should not;

1) Decide and declare that the respondents or either of whom did not have and do not have the right to put the water tanks that they put, certainly not of the capacity and weight they put directly on that part of the roof under which the property of the applicant is situated and namely the penthouse, Flat 7, the roof of the washroom, of the corridor and of the lift room, in ‘Graceland Court, Triq Locker, corner with Triq Thornton, Qui-si-San, Sliema and uphold the other demands in the application.

With costs of this cause against the respondents in solidum from now summoned so that a reference to their evidence be made.

By means of an Application, filed, in the records above mentioned in the names Michael Bonello et vs Peter James Dacoutros et, on the 21st April 2016, the applicant Michael Bonello (ID 305356M) in the name and in representation of his absent sister Antonia Bonello (who has Maltese Passport number 397756) respectfully pleaded;

1. That by means of a sworn application, filed, on the 14th April 2015, in the names above premised the applicant inter alia premised that the respondents put a number of water tanks on the roof and the ceiling of the applicant’s penthouse which is situated at the address Flat 7, ‘Graceland Court’ Triq Locker, Qui-si-Sana, Sliema, as well on the ceiling of part of the common parts relative to the same block.

2. That the applicant premised that the size and weight of the tanks exceeds what the same roof and ceiling can take;

3.That thus the applicant inter alia asked this Honourable Court to declare that that the respondents did not have the right to put tanks of a certain size and weight directly on the ceiling and roof mentioned.

4. That notwithstanding all this the applicant came to know also that there are tanks of third parties on the same ceiling and roof which tanks are also causing the damages mentioned in the original application.

5. That the the said third parties are the folowing:

a) Andrew Mangion Randon (666682M) and De Giorgio Margarita Nikolova (97111L) residing Flat 1 A ‘Graceland Court’ Triq Locker,Sliema.

b) W.D. Patrick and Ms. K. Patrick, resident Flat 2, ‘Graceland Court’ Triq Locker, Sliema.

c) Axisa Ronald (151442M) and Axisa Rita (243242M) resident Flat 3, ‘GraceLand Court’Triq Locker, Sliema.

d) Pace Alfred (180636M) and Pace Grace, resident Flat 4, ‘Graceland Court’ Triq Locker, Sliema.

e) Samut Tagliaferro Marie Celine 9778434M) resident Flat 5, ‘GraceLand Court’ Triq Locker, Sliema.

f) Drago Antoinette, (812145M) and Dargo Joseph (46843M) residing Flat 6,’Graceland Court’ Triq Locker, Sliema.

g) Alfred Farrugia (92 0950M) and Eleonora sive Lorna Farrugia (755353M) residing 20, ‘Rob Roy’ Flat 2, Triq Locker, Sliema.

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9, That thus the applicant humbly asks this Honourable Court so that for the reasons premises premised it orders the calling into the cause of the persons above indicated in terms of article 961 of Cap. 12 of the Laws of Malta in order to answer to the applicant’s demands in the sworn application and this naturally according to the orders and further directives that this Honourable Court deems fit and opportune.

Civil Court – First Hall.

Hon Mr. Justice Lawrence Mintoff.

Application Number 332/15 LM.

Michael Bonello nomine

vs

Peter James Dacoutros et.

The Court;

Saw the application, presented by the plaintiffs on the 21st April 2016,

Saw that the defendants who were defended by Advocates Dr Carlos Bugeja and Dr Amanda Poole are not opposing.

Saw Articles 961 and 962 of Cap. 12.

Upholds the request and the calling into the cause of (a) (b) (c)(d) (e) (f) and (g) at the costs of plaintiffs and the records of the cause are to reflect this change.

Notify: Dr Andrew Cassar, son of the defendant Michael Cassar, unknown address.

Roberta Azzopardi, daughter of the defendant Michael cassar, unknown address.

Andrew Mangion Randon (ID 666682M) Flat 1A, ‘Graceland Court’ Triq Locker, Sliema.

Degiorgio Margarita Nikolova (97111L) Flat 1A ‘Graceland Court’ Triq Locker, Sliema.

Marie Celine Samut-Tagliaferro, Flat 5, ‘Graceland Court’ Triq Locker Sliema.

The Sworn application in the names Bonello Michael noe vs Dacoutros Peter James et, sworn application 332/15 LM, has been deferred for hearing to the 6th June 2016 at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 23rd May 2016, in the records of the Application Number 1093/2015 MCH, Following the records of the Judicial Sale number 60/2013, in the names Anca Holdings Limited vs Edgar Brincat (ID 212945M) and in the records of the Schedule of Deposit of Pierre Fauré numbers 532/2015 and 533/2015, the following publication was ordered for the purposes of service in terms of Article 416(1) et. seq. of Cap. 12 of the Laws of Malta.

By means of an Application, filed, in the First Hall Civil Court, on the 18th November 2015, by Anthony Demajo (ID 856353M) of 41, Telghet Gwardamangia, Pietà application in terms of Article 416 et. seq. of Cap. 12 of the Laws of Malta, the applicant Anthony Demajo, herein mentioned respectfully pleaded;

That following judicial sale number 60/2013, in the names Anca Holdings Limited vs Edgar Brincat, there was deposited the sum of one hundred ninety six thousand nine hundred fifty Euros (€196,950) price for the adjudication in favour of Pierre Faurè of the appartment internally marked number six (6) in the block with the name ‘Lowndes Park B’ in Triq Alfred Gauci, previously known as Triq Anġlu Pullicino, Bay Street, Saint Julian’s, subject to the perpetual groundrent of one hundred forty Euros (€140) yearly, as described in the records of the Judicial Sale number 60/2013, which deposit was made by means of Schedule number 532/2015, as well as the sum of €20,500, price of adjudication in favour of Pierre Faurè of the garage in the upper basement level internally marked number 16, with the name ‘Lowndes Park B’in Triq Alfred Gauci (previously Triq Anġlu Pullicino, Bay Street, Saint Julians and this deposit was made by means of Schedule number 533/2015.

That the applicant is a creditor of Edgar Brincat and in fact the applicant was admitted also as execution creditor in the records of the above mentioned judicial sale.

That the applicant has a true, certain and liquid debt against the debtor Edgar Brincat, resulting from a contract of Notary Doctor Joseph Tabone, of the 4th May 2006, for the amount of (€83, 857) besides interest at 7.5% calculated in terms of the same contract.

That the amount due to the applicant till the 30 th October 2014, including interests amounted to one hundred fifty three thousand one hundred ninety two Euros and eighty eight cents (€153,192.88) and this besides other interests accumulated after that date.

That the applicant by means of an application filed on the 17th April 2015, in the records of the schedule number 532/2015 asked in his favour for the withdrawal from the funds deposited in the same schedule, but Anca Holdings Ltd, opposed such withdrawal by means of a reply of the 7th May 2015.

That following the opposition of Anca Holdings Ltd, the applicant above mentioned asked this Honourable Court to order the opening of the competition of creditors of Edgar Brincat (ID 212945M).

By means of a decree given on the 23rd May 2016, the Honourable Court above mentioned ordered the opening of the competition of creditors of the said Edgar Brincat (ID 212945M) on the deposits mentioned in the application and fixed the date of the 30th June 2016, at 9.00am for the hearing of the competition of creditors.

Thus whoever considers that he has an interest is called so that he brings forward his rights on the deposit above mentioned by means of the application within one month in the manner provided by law. When this time shall lapse no one who shall not have proceeded in the manner provided law, can stop or otherwise hold the competition of creditors from being decided between those who have appeared.

Thus whoever considers that he has an interest and whoever has brought forward his rights according to law, is to appear also during the sitting of Thursday 30th June 2016, at 9.00 am, presided by Mr. Justice Mark Chetcuti.

Notify:

a) Edgar Brincat (ID 212945M) Lowndes Park B, Flat 6, Triq Alfred Gauci, Bay Street, St. Julian’s (debtor).

b) Pierre Faure (Id 470159M) 707/708, Madliena Village, Triq il-Fortizza, Madliena (depositor).

c) Anca Holdings Company Limited (C 9767) ‘Iż-Żebbuġa’ Iklin, (executing creditor).

d) Anthony Demajo (Id 856353M) - 41, Telgħet Gwardamagia, Pietà (executing creditor).

e) HSBC Bank Malta p.l.c. (C 3177)116, Triq l-Arcisqof, Valletta (creditor). 

f) Anne Catherine Eadon-Allen (ID 50575A) 13, Flat 3, Triq Sir Luigi Camilleri, Sliema.       

g) Commissioner of Inland Revenue –Block 4, Triq Vincenzo Dimech, Floriana, (creditor).   

 h) Director of Social Services -310, Palaazzo Ferreria, Triq ir-Repubblika, Valletta (creditor).

i) Bartoli Brothers Limited (C 16827) 11, Triq Manwel Borg Gauci, Qormi.

j) Jolly Imports & Distribution Limited (C 13989) Handaq Cold Stores, Triq Prof. Carmelo Coleiro, Handaq Industrial Estates, Qormi.

 ADV. FRANK PORTELLI, LLD

 For the Registrar Civil Courts and Tribunals

DKR 304/2013 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th May, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry - Magistrate Dr Neville Camilleri LLD, after an application filed by Joseph Abela (ID 492162M) on the 16th March 2016, Compilation number 575/2013 in the case:

The Police 

(Inspector Edel Mary Camilleri)

Versus

Grezzju Abela, 64 years, retired, son of Carmelo and Manuela née Caruana, born in Senglea Malta on the 26th June 1951, residing at Lay Lay, Blk 1, Ent C, Flat 6, Għassies Street, Marsascala Malta and holder of Identity Card number 496351(M); and

Clayton Neal Camilleri.

The Court AUTHORISED the contract of sale and transfer of the property 210, Two Gates Street, Senglea in favour of Manuel Abela by the accused Grezzju Abela who has has 1/6 undivided share instead of the 1/10 as previously indicated in the promise of sale of the same property.

This variation was made following a freezing order dated 24th June, 2013 given by the same Court and published in the Government Gazette on the 28th June, 2013 in terms of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta and Article 5 of Cap. 373 of the Laws of Malta 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 Grezzju Abela and Clayton Neal Camilleri.

MARVIC PSAILA

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By a decree of the Court of Magistrates (Malta) of the 15th October 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12).

Master Enterprises Co Ltd of Triq is-Salib, Qormi filed a Claim on the 14th July 2015, whereby they asked the Court to condemn MC Developments Ltd (C 36133) and Mario Spiteri personally of Carolina Hotel, 87, Triq Sant’Antnin, Bugibba and/or 8, Triq il-Lampuki, San Pawl il-Baħar and/or Highcraft, Triq Esprit Barthet, Madliena, to pay the plaintiff company the sum of €11,501.96 which amount is due to the plaintiff company.

With costs and interests.

The case (Notice Number 203/15FDP) is deferred to the 13th June 2016 at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Rent Regulation Board, on the 2nd May 2016, in the records of the Sworn Application, in the names Casha Michael vs Gatt Mario et, application number 28/2016 MV, the following publication was ordered for the purpose of service of the respondents Mario Gatt and his wife Mary Gatt, in terms of article 187(3) et. seq. of Cap. 12.

By means of a Sworn Application, filed, in the Rent Regulation Board, in the names Michael Casha (323145M) vs Mario Gatt (809953M) and his wife Mary Gatt (714453M) on the 18th March 2016, the applicant Michael Galea, asked this Honourable Court,for reasons premised in the application;

1. to condemn the defendants together and in solidum to pay the applicants the sum of seventeen thousand and twenty three Euros and fifty nine cents (€17,023.59) or more correct sum, due by them by way of arrears of rent of the premises 23, Triq Anton Buttiġieg, Ħamrun, as explained in the application, with commercial interests, from the 27th October 2015, till the date of effective payment.

With costs as demanded in the application against the defendants summoned so that a reference to their evidence be made and saving any other action competent to the interpellant against the defendants including that for damages and loss of profit due to illegal occupation.

Applicant: Michael Casha, Avie More, 22/1, Triq San Gabriel, Balzan.

Defendants: Mario Gatt, 76, Triq San Franġisk, Ħamrun.

Mary Gatt, 76, Triq San Franġisk, Ħamrun.

The Sworn Application in the names Casha Michael vs Gatt Mario et, application number 28/2016 MV, was deferred for hearing to the 4th July 2016 at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

By a decree of the 31st May, 2016 given by the First Hall Civil Court, 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).

By decree given by the Civil Court, First Hall on the 10th March, 2016, on the application of MARK GAFFARENA ET, Thursday, 14th July, 2016 at half past ten in the morning (10:30 a.m.) has been fixed for the sale by auction to be held on the first floor of these Law Courts, Republic Street, Valletta of the following property.

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 tenement is the property of LOUIS CONTI (I.D.376060M) on behalf of ERMINIA CONTI (I.D.542937M).

N.B. The said tenement will be sold as described in the acts of file number 58/10.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) regarding the Application in the names Mula Margaret vs Mula Victor, Application number 25/2013/2 AL,on the 16th May 2016, in the records of the Application in the names Mula Margaret vs Mula Victor, application number 25/2013 AL, the following publication was ordered for the purpose of service of the applicant Margaret Mula (ID 479571M) in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) by Victor Mula ID 477160(M) in the names Margaret Mula (ID 479571M) vs Victor Mula (ID 477160M), on the 17th February 2016, the applicant respectfully pleaded;

That the cause in the names premised Application Number 25/2013 AL, in the names Mula Margaret vs Mula Victor, this Honourable Court was asked to pronounce the personal separation between the parties Mula;

That by means of the application above mentioned, of the 17th February 2016, in the same names and namely in the names Margaret Mula (ID 479571M) vs Victor Mula (ID 477160M) the applicant respectfully pleaded;

That in the cause in the names premised and namely Application Number 25/2013 AL, this Honourable Court is being asked to pronounce the personal separation between parties spouses Mula;

That it results from the proof brought in this cause that the parties have not lived together for a period of more than four (4) years as prospected by the dispositions of Article 66B of Cap. 16 and furthermore there is no reasonable prospect for reconciliation between the parties;

That thus the conditions contemplated in the said Article 66B of Cap. 16 are satisfied.

Thus the applicant and namely the respondent in the application for separation the said Victor Mula ID 477160(M) respectfully prays that in terms of the dispositions of Article 66F of Cap. 16, this Honourable Court orders that the application made by the applicant for separation be considered instead as a request for the pronounciation of divorce.

With costs.

Applicant: Sta. Marija, Triq Demetriju Farrugia, Għargħur.

Respondent: 13, Sta. Marija, Triq Demetriju Farrugia, Għargħur.

The Sworn Application in the names Mula Margaret vs Mula Victor, Application number 25/2013/2 AL, was deferred for hearing to the 23rd June 2016 at 9.15am, in order that the respondent Margaret Mula, be notified.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd June 2016 given on an application of Lawyer Dr Mark Miggiani, filed on the 10th of Mayl 2016 in the records of application number 77/2016 wherein it was ordered the publication of the inventory of the estate of the late SVEN-ERIK SIGVARD FLANBY, son of the late Erik Fridolf Larsen u Sigrid Elizabeth née Sahlman, born in Stockholm, Sweeden and died in Sliema on the 12th of June 2015, aged 93 years and was a holder a Swedish passport numbered 86372008.

This publication is going to be held on Tuesday the 14th of June 2016 at half past nine in the morning (9.30 a.m.) at the office C3006, Balluta Terrace, St. Julian’s Ramp, St. Julians by the Ministry of Notary Dr Joanne Lia. 

MARCEL BUGEJA

For the Registrar Civil Court and Tribunals