Court Notices published in Govt. Gazette No. 20,069 of 12th October 2018

By means of a decree given on the 30th August, 2018, by the Civil Court (Volontary Jurisdiction Section) in the application number 1263/18 filed on the 22nd August, 2018, by Agnes Debono and others whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Maria sive Mary Attard, daughter of Salvu Farrugia and Concetta née Cassar, born in Bormla on the 4th August, 1931, with birth certificate number 5328/1931, who has been absent from these islands and no news about her was ever heard, to administer her assets and to take all the necessary orders to safeguard all her property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Maria sive Mary Attard is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of a decree given by the Civil Court (Commercial Section) on the 10th May, 2017, in the records of the Warrant of Prophibitory Injunction in the names Suzanne Mifsud vs Edgar Mifsud, Warrant number 977/18 MH, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et sequitur of Cap 12.

By means of an Application, filed in the Civil Court (Commercial Section) in the names Suzanne Mifsud (ID 576763M) vs (Respondent) Edgar Mifsud, Warrant of Prohibitory Injunction Number 977/2018, MH, on the 23rd August, 2018, the applicant Suzanne Mifsud respectfully pleaded:

That in virtue of the procedures in the names premised which were conducted by means of an application of the 14th June, 2018, the applicant asked for the issuing of a Warrant of Prohibitory Injunction so that the defendant be witheld from holding a sitting or rather extraordinary meeting of the shareholders of the company Citypro Limited (C 26902) called on 20th June, 2018, at 11.00 a.m.;

That in virtue of a decree given by this Honourable Court, on the 14th June, 2018, the demands of the applicant abovementioned were provisionally upheld;

That the respondent is not notified neither with the original application nor with the provisional decree of the 14th June, 2018;

That during the course of hearing of other procedures in the same name also for the issuing of a Warrant of Prohibitory Injunction (Warrant of Prohibitory Injunction Number 1080/2018) it results that nothwitstanding the said decree of injunction given provisionally on the 14th June, 2018, as stated and nothwithstanding also that on the 20th June, 2018, the Marshall Giovanni Battista Dimech, in the presence of the applicant Suzanne Mifsud, was present in the premises number 58, Triq l-Ifran, Valletta, before eleven in the morning, the time when the meeting had to be called, in order to notify the respondent with this warrant number 977/2018, where the receptionist notified them that Edgar Mifsud was not there and and that no meeting of Citypro Limited was held, the applicant was informed by email dated 20th June, 2018, that the sitting or rather the Extraordinary Meeting of the shareholders of the company Citypro Limited, called by the respondent on the 20th June, 2018, abovementioned was effectively held;

That it was held by this Honourable Court in the course of the hearing of the same Warrant Number 1080/2018, and it results clearly by Law, that although the respondent is not notified with the provisional decree abovementioned of the 14th June, 2018, the provisions of Article 873(4) of the Code of Procedure are valid and applicable.

Thus the applicant respectfully prays that this Honourable Court in terms of the provisions of Aarticle 873(4) of the Code of Organisation and Civil Procedure to order saving if necessary a declaration that after the issuing of the Warrant of Prohibitory Injunction abovementioned, the respondent proceeded or rather acted in violation of the order of this Honourable Court asked this Honourable Court so that within a short and peremptory period, he corrects what he has done in violation of the warrant issued provisionally, by inter alia giving the Register of Partnerships the necessary Notice so that it be known why the removal of the applicant from the Directorship of the said company Citypro Limited was made in violation of the warrant issued provisionally by this Honourable Court.

Civil Court (Commercial Section)

Warrant Number 977/18 MH

Mifsud Suzanne vs Mifsud Edgar

Monday 3rd September, 2018

When the application was called there appeared the applicant assisted by Dr Stephen Thake and Dr Jonathan DeMaria.

Dr Thake for the applicant points out that the service ordered on the 14th August, 2018, was carried out and no reply was made and asks the Court to pass on to the final decree. The request is upheld, and the warrant of prohibitory injunction shall be decreed in camera.

The Court after seeing the application of the 23rd August, 2018, and the decree of the 30th August, 2018, which last decree it is revoking, authorises Dr Thake to proceed with the service of the last mentioned application after the legal time and by means of the procedure contemplated under Art 187(3) and in view of the urgency of the cause proceed with the same contemporaneously.

The Court orders also that the hearing of the same application of the 23rd August, 2018, for the sitting of the 28th September, 2018, in the sense that the respondent shall have a period to make his reply in writing till three days before the sitting fixed.

Orders the applicant’s advocates so that together with the application in question there be notified today’s minutes.

The Application Number 977/18 MH, in the names Mifsud Suzanne vs Mifsud Edgar, was deferred for hearing to the 31st Octrober, 2018, at 9.00 a.m.

1) Edgar Mifsud, 35A, Triq Sant’Antnin, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 5th October, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

M. Demajo (Wines & Spirits) Limited (C 2521) of 103, Triq l-Arċisqof, Valletta filed a Claim on the 10th May, 2018, whereby they asked the Court to condemn M & V Food and Beverages Imports Limited (C 53102) of 110, Triq il-Vitorja, Ħal Qormi and Joseph and Maria Rosaria spouses Micallef to pay the plaintiff company the sum of €14,582.84 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 111/18SG) is deferred to the 24th October, 2018, at 9.00a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 24th May, 2018, in the records of the Application in the names Commissioner for Revenue vs Mikael Kjell Meyer, Application number 184/18 TA, the following publication was ordered for the purpose of service of the respondent Kjell Mikael Meyer, in terms of Article 187(3) et sequitur of Cap 12. 

In the First Hall of the Civil Court

Commissioner for Revenue

vs

Kjell Mikael Meyer (ID No: 137339A)

Application of the Commissioner for Revenue

Respectfully sheweth:

That EU Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and that permits the Minister responsible of Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Sweden, otherwise the applicant authority, has made a claim for recovery to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the applicant authority of Sweden in the amount of two million and five thousand, two hundred and sixty-nine euro, and seventy-seven cents (€2,005,269.77), as results from the Enforcement Instruments here attached and marked as Doc. A and Doc. B together with interest due in terms of the Income Tax Acts (Cap. 123 and 372 of the Laws of Malta) applicable from the date of notification of this application;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed in Malta in terms of Article 9 of the mentioned Legal Notice;

That, furthermore, the respondent has a right to a translation of the attached documents into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. C to inform the respondent that he may request the mentioned translation within seven (7) days of service of attached documents;

That the applicant is satisfied that as regards this claim for recovery all the relevant requisites of the Directive have been followed;

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A, Doc. B and Doc. C to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the documents hereby attached and marked a Doc. A and Doc. B as official copy, such that said documents constitute executive title.

Document List:

Doc. A ‘Uniform Enforcement Instrument’ transmitted to the requested authority by the applicant authority of Sweden

Doc. B ‘Uniform Enforcement Instrument’ transmitted to the requested authority by the applicant authority of Sweden

Doc. C Document indicating respondent’s right to request a translation for Doc. A

Applicant: Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170

Respondent: 31, Flat 1, Triq San Vinċenz, Tas-Sliema SLM 1446

The Sworn Application in the names Commissioner for Revenure vs Kjell Mikael Meyer (ID 137339A) Application number 184/18 TA, has been deferred for hearing to the 3rd December, 2018, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 1st October, 2018, in the records of the Sworn Application in the names Cristiano Frank et vs Farrugia Kevin et, Application number 469/18 AF, the following publication was ordered for the purpose of service of the respondent Kevin Farrugia et, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court (Applicant) in the names Frank Cristiano (ID 84540M) and Rosetta Cristiano (ID 410081M) vs 1) Kevin Farrugia (ID 33969M) 2) George Farrugia & Sons Limited (C 9537) on the 15th May, 2018, the applicant Frank Cristiano (ID 84540M) and Rosetta Cristiano (ID 410081M) asked this Honourable Court:

a) To declare that the respondents or either of whom are responsible for damages and all the damages caused in the premises garage Number 1 and Number 5, Triq it-Torba, Ħ’Attard, property of the applicants , resulting from the entry of water originating from the establishments of the respondents or either of whom as above premised, order and condemn the defendants or either of them, so that within a short and peremptory period fixed by it they carry out all the necessary works in order that damage will not continue to be caused in the garage property of the applicants and uphold the other demands in the application, including the liquidation of damages.

With costs, as demanded in the Application

Applicant:

Number 17, Flat 1, Triq il-Larinġ, Ħ’Attard

Notify Respondents: 

1. Kevin Farrugia et, No 164, Flat 7, Meadowbank Mansions, Triq it-Torri, Tas-Sliema

The Sworn Application in the names Cristiano Frank et vs Farrugia Kevin et, Application number 469/18 AF, has been deferred for hearing to Thursday, 11th October, 2018, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th July, 2018, Application number 1093/2018 by Josette Buhagiar whereby she prayed that the succession of Mario Buhagiar, son of Lawrence Buhagiar and Doris Buhagiar née Cassar, born in Tal-Pietà, Malta, and who resided in Ħaż-Żabbar and passed away in Tal-Qroqq, Imsida, Malta, on 14th June, 2017, of 45 years of age and who held the identity card bearing number 0323871M in favour of Shania Buhagiar, daughter of the decujus. 

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 and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 4th of October, 2018, and this after a written plea numbered 160/2018, ordered:

The correction of the Act of Marriage of Tesfu Teklibrhan Teklimandt and Ghirmawit Ghebreegziabher Zemuy, bearing number 426 of the year 2009, under the column entitled “Particulars of the Wife – Date and Place of Birth”, the words “Thu. 01 January” are to be removed and replaced with the words “Sunday 14 June”.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

NOTICE BY REGISTRY OF THE CIVIL COURT, FIRST HALL

Whereas Sameh Abdeltawab Abdelrahman Mustafa et noe (ID 137645A) filed an application under oath (No. 971/2018/LSO) demanding correction in the Act of Birth No: 4083/2015 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

By decree given by the Civil Court, First Hall on 14th August, 2018, on the application of Farrugia Jesmond (ID 507171M), Thursday, 6th December, 2018, at eleven in the morning (11.00 a.m.), 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.

Property which includes a portion of land occupied by two farms without number, one known as ‘Farmhouse tar-Riħ’ and the other known as ‘Catherine’s Domain’, in Tar-Riħ in territory known as Tal-Madliena, in the part known as Il-Munxar, ta’ Gidem, and ta’ Newma limits of Ħad-Dingli, bounded on the South by Triq l-Irdum formely known as Dingli Cliffs Road, on the East in part by property of the Government of Malta and in part by property of the heirs of the late Notary Joseph Felix Abela and others, on the West by a public road, for the price of two million and three hundred thousand euro (€2,300,000) as said in the judgement given on the 27th October, 2017, by Judge Hon. Joseph Azzopardi Application number 1091/12.

The said tenement is the property of Ellul Giuseppa (ID 675537M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 24/2018.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 19th September, 2018, on the application of Neofarma Pharmaceuticals Limited (C 47434), Monday, 5th November, 2018, at noon (12.00 p.m.) has been fixed for the sale by auction to be held on the first floor of these Courts of Justice, Triq ir-Repubblika, Valletta of the following items seized from the property of Cauchi Gera John (ID237549M) and Cauchi Gera Maria Teresa sive Tessie (ID312954M).

Dispensary licence numbered DL 160 issued on behalf Lister Pharmacy valued at four hundred and ninety-two thousand, seven hundred and seventy-two euro (€492,772).

N.B. The said license will be sold as described in the acts of judicial sales number 9/18.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 27th September, 2018, in the records of the Sworn Application in the names Micallef Emanuel vs Zammit Clint, 723/18 MCH, the following publication was ordered for the purpose of service of the respondent Clint Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, First Hall Civil Court in the names Emanuel Micallef vs Clint Zammit, on the 10th July, 2018, the applicant Emanuel Micallef (ID 36763M) asked the defendant to state why this Honourable Court should not:

1. Condemn him to pay the applicant the sum of €153,966.47c or more correct sum representing balance of a larger sum for the price of a business of ‘cab & mini bus service’ mentioned in the application.

2. Condemn the defendant to pay the sum of €1,148.33c representing fines and ‘administration fees’ which the respondent was fined for various contraventions he committed when he drove the vehicles mentioned and for which the applicant paid.

With costs and with legal interests as demanded in the application, the respondent is summoned so that a reference to his evidence be made.

Applicant: 

297, Jaguar Garage, Vjal il-Ħaddiem, Rabat RBT 1769, Malta

Respondent: 

192, Girasole Court Flat 2, Triq il-Ferrovija l-Qadima, Ħal Balzan

The Sworn Application in the names Micallef Emanuel vs Zammit Clint, Application Number 723/18 MCH, was deferred for hearing to Tuesday, 16th October, 2018, 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 given by this Court, on the 31st July, 2018, following a request of Roberta Cutajar Tanti et, it was ordered that deputy curators be chosen to represent the directus dominius or sub directus dominius in the records of the Schedule in the names Roberta Cutajar Tanti et vs Deputy Curators, Schedule number 1412/2018, in the names Roberta Cutajar Tanti et vs Deputy Curators and in the other relative and subsequent acts.

By means of a Schedule of Redemption of groundrent and contextual deposit, presented in the First Hall Civil Court in the names Roberta Cutajar Tanti, daughter of the late Anthony Cutajar and Matilde née Attard, born in Tal-Pietà and residing in Marsa, together with her wife Stephanie Cutajar Tanti, daughter of John Tanti and Mary Bernardette née Roche, born in Tal-Pietà and residing in Marsa (ID 415380M and ID 456384M) vs Deputy Curators to represent the directus dominius, the sub directus dominius or their successors in title, on the 25th July, 2018, the interpellants Roberta and Stephanie spouses Cutajar Tanti, who have identity cards numbers 415380M and 456384M respectfully pleaded:

That the interpellants purchased and acquired the premises or rather groundfloor tenement with number one hundred and seventy-four (174) in Triq il-Marsa, Marsa, from Josephine sive Josette Galea, as their ordinary residence by means of a public deed of Notary Dr Patricia Hall, of the 6th June, two thousand and eighteen (2018) (Doc. A) which premises is subject to its rate of annual and perpetual groundrent of €0.01c otherwise free and unencumbered;

That the interpellants wish to avail themselves of the faculty given to them by means of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the said groundrent by depositing the sum of €00.20 representing the said groundrent capitalised at 5% together with €0.01 laudemium and €0.05 representing arrears of groundrent which together amount to €00.26 in order to be freely given to the respondents after they leave the due receipt according to law.

Interpellants: 

Roberta and Stephanie Cutajar Tanti, 174, Triq il-Marsa, Marsa

Services:

1. Deputy Curators, Courts of Justice, Valletta

2. The Director Public Registry, Evans Building, Triq il-Merkanti, Valletta, VLT 2000

3. Land Registrar, Casa Bolino, 116, Triq il-Punent, 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 stipulate time, this 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 Superior Court above mentioned with the witness of the His Honour the Chief Justice Joseph Azzopardi, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals