Court Notices published in Govt. Gazette No. 20,283 of 22nd October 2019

By means of a decree of the 26th September, 2019, of the Rural Leases Control Board, in the records of the Application in the names Dr Francis Lanfranco vs Emmanuela Ellul, Application Number 8/2019SG, the following publication was ordered for the purpose of effecting service on the respondent Emmanuela Ellul in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Advocate Doctor Francis Lanfranco (ID 381250M) vs Emmanuela Ellul (ID 16836M) widow of Giuseppi Ellul, filed before the Rural Leases Control Board on the 2nd August, 2019, the applicant Advocate Doctor Francis Lanfranco submitted with respect:

That he is the sole owner of the fields measuring 5,954 square metres together with the farmhouse that includes the water mill (sienja) accessible from Triq tal-Ħandaq which property is all together known as Giardino Coleiro, Triq tal-Ħandaq, Ħal Qormi and is indicated in the plan marked with red here attached as Document A. This property is adjacent to, and is also accessible from, another property of the applicant known as Ġnien tal-Ħandaq in respect of which separate procedures were filed regarding the latter before this Board;

The same fields and the farmhouse were leased for a number of years to the respondent’s husband Giuseppi Ellul and the farmhouse and also the fields and the surrounding walls were in good state of maintenance and this as results during the hearing of the case, and as today results amply clearly from the report by Architect Michael Lanfranco - here attached as Document B - and the photos attached to it showing that the property is found in a state of complete abandonment and suffices it to state that for the farmhouse and the water mill to be reinstated in their original state, an expense of approximately €77,500 will need to be made. The same farmhouse is in a bad state of maintenance and is being used only as a rubbish dump whilst the water mill is broken and cannot be used - and this as fully results from the 28 photos forming part of the said Document B;

The illegal acts of the respondents consist in the change of use of the premises and the breach of the lease conditions under the provisions of Cap. 199 of the Laws of Malta and specifically article 4(2)(f) of the same Cap.

Thus, due to the above, the applicant requests with respect that this Honourable Board orders the eviction of the respondent from the fields and the farmhouse collectively known as Giardino Coleiro in Triq tal-Ħandaq, Ħal Qormi with a total measurement of 5,954 square meters.

With costs, saving any other actions for damages regarding the applicant against the respondent that is from now is summoned so that a reference to her oath be made.

Applicant: 18A/3, Scotts House, Triq M.A. Vassalli, Valletta

Respondent: c/o 25, Triq tal-Ħandaq, l/o Ħal Qormi

The application in the names Advocate Doctor Francis Lanfranco vs Emmanuela Ellul, Application Number 8/2019SG, has been postponed to be heard on the 13th November, 2019, at 10.15 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th September, 2019, Application number 1575/2019, by Alba Cardilli whereby she requested that it will be declared open in her favour the succession of her husband Orazio Ferrara, husband of Alba Cardilli, son of the late Umberto Ferrara and Carlotta née Palermo Navarra, born in Catania, Sicily, resided in Rome, Italy and died in Rome, Italy on the 7th December, 2018, aged 82.

Wherefore any person who believes 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

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court on the 3rd October, 2019, following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent consegnetary Eurl l’Etoile Blanche Import Export, in the records of the Sworn Application 916/2019 MCH, in the names Advocate Dr Peter Fenech noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court First Hall, in the names Advocate Doctor Peter Fenech as special mandatary of the foreign company Sumsung Electronics Co. Ltd of 129 Samsung-ro, 320 beon-gil, Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea vs deputy curators to represent the absent consegnetary Eurl l’Etoile Blanche Import Export of Algeria, on the 26th September, 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company Samsung Electronics Co Ltd asked this Honourable Court and whilst the same Advocate Doctor Peter Fenech (ID 674668M) confirmed on oath and declares that he knows about the facts personally:

1. To declare that the objects consisting of until now unidentified number of mobile phones including travel adapters, USB cables and earphones with the identical trademarks for - or that may be recognised from their essential aspect from those of the company Samsung Electronics Co Ltd duly registered as trademark with the European Unioen (EUTM) with the Office of Intellectual Property of the European Union (EUIPO) that is: (a) the workd mark Samsung with registration number 001877901 dated 23rd May, 2002 (Doc. S1 attached); (b) word mark Samsung with registration number 012082772 dated 15th January, 2014 (Doc. S2 attached; (c) figurative mark with registration number 000506881 dated 25th February, 2000 (Doc. S 3 attached); (d) figurative mark with registration number 12082641 dated 15th January, 2014 (Doc. S4 attached) which are presently found under the authority of the Director General (Customs) after he suspended the release of the container with number CAIU 5849902 containing the said merchandise, which are counterfit and contravene the rights of intellectual property to the company Samsung Electronics Co. Ltd represented by the applicant company and this by means of the nomination of experts for this reason;

2. Orders the Director General (Customs) to dispose from the said merchandise outside the channels of commerce, in such a a manner as to preclude any damage to the applicant company and the public consumer or order the Director General (Customs) to destroy the said merchandise in any case without any compensation and at the expense of the respondents;

3. Order the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants’ demands including those of transport of the said merchandise for storage in Malta, before their eventual destruction, of the storage itself for tallying and all the expenses due to the Director General (Customs) from the beginning of the procedures as well as the transport from the place of storage till the eventual destruction including all the costs incurred for the final destruction of the said merchandise.

With costs against the defendants summoned so that a reference to their evidence be made.

Applicant noe: 36, Triq l-Arċisqof, Valletta VLT 1447

Deputy curators, Law Courts, 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 th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th September, 2019, Application number 1582/2019, by Mary Josephine Bugeja et whereby they requested that it will be declared open in favour of the same Mary Josephine Bugeja, wife of the decujus, in the quota of one half (1/2) undivided share in favour of Tano Gaetano John Bugeja, son of the decujus in the quota of one fourth (1/4) undivided share and in favour of Samuel Peter, Isaac Joseph, Sarah Christina and Stephanie Marie brothers and sisters Bugeja, children of the late Peter Paul Bugeja the latter son of the decujus in the quota of one fourth (1/4) undivided share between them the succession of  Victor Bugeja, husband of Mary Josephine nee Vella, son of the late Carmelo Bugeja and Antonia nee Borg, born in Birkirkara, Malta, resided in Ħal Balzan, Malta and died in Tal-Qroqq, Msida, Malta on the 4th January, 2019, aged 78, and who held identity card number 617340M.

Wherefore any person who believes 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th September, 2019, Application number 1647/2019, by Paul Cutajar whereby he requested that it will be declared open in favour of Paul Cutajar in the quota of one half (1/2) undivided and the remaining one half (1/2) undivided share in favour of Mary Anne Caurana the succession of Frances Saveria Cutajar, widow of Joseph Cutajar, daughter of the late Paul Penza and Valentina Penza née Camilleri, born in Ħal Luqa, Malta resided in Ħal Luqa, Malta and died in Tal-Qroqq, Msida, Malta on the 19th July, 2019, aged 77, and who held identity card number 0367442M.

Wherefore any person who believes 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th September, 2019, Application number 1611/2019, by Paul Hili and Salvatore Hili whereby they requested that it will be declared open in favour of the descendents of Ludgarda Hili in the quota of one seventh (1/7) undivided share, in favour of the decendents of Dolores Galea in the quota of one seventh (1/7) undivided share, in favour of the descendents of Carmelo Darmanin in the quota of one seventh (1/7) undivided share, in favour of the descendents of Luigia Agius in the quota of one seventh (1/7) undivided share, in favour of the heirs of Giuseppa Camilleri in the quota of one seventh (1/7) undivided share, in favour of the descendents of George Darmanin in the quota of one seventh (1/7) undivided share and in favour of Thomas Darmanin in the quota of one seventh (1/7) undivided share the succession of Maria Darmanin, unmarried, daughter of the late Salvatore Darmanin and Paola Darmanin née Sammut, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta and died in Tal-Qroqq, Msida, Malta, on the 28th January, 2018, aged 87, and who held identity card number 0769530M.

Wherefore any person who believes 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

By means of a decree of the 18th September, 2019, of the Rural Leases Control Board, in the records of the Application in the names Dr Francis Lanfranco vs Emmanuela Ellul et, Application Number 7/2019SG, the following publication was ordered for the purpose of effecting service on the respondent Emmanuela Ellul and John Ellul in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Advocate Doctor Francis Lanfranco (ID 381250M) vs Emmanuela Ellul widow of Giuseppi Ellul and John Ellul for any interest he may have, filed before the Rural Leases Control Board on the 2nd August, 2019, the applicant Advocate Dr Francis Lanfranco submitted with respect:

That he is the sole owner of the farmhouse with address 25, Triq tal-Ħandaq, Ħal Qormi together with the extensive garden/fields of the total measurement of about 20,806.34 meters squared and also the dovecote and other existing structures in part of the garden/fields. Whilst the principal farmhouse/house has a water mill, the garden/fields had an aqueduct sysem and fresh water culverts supplied also the main house - and even in the upper floor. Every garden was surrounded and separated from the other gardens by other high rubble walls and separated by their respective doors. All this property is known as Ġnien tal-Ħandaq as shown in the plan attached as Document A. The property is bounded with, and is also accessible to, other property of the applicants known as Giardino Coleiro, in respect of which other proceedings were concurrently filed before this Board;

The said property was leased for many years to the respondent’s husband Giuseppi Ellul who died on the 16th April, 2008, and this solely for the use of farming, at an annual rent of €93.17 payable every 25th December which rent has not been accepted by the owner for several years;

When this property was leased to the said Giuseppi Ellul the farmhouse, the dovecote, and also the gardens/fields and the surrounding walls and also the water mill and the water system - including the aqaeduct and the water culverts - were in good state of maintenance and this as will result during the hearing of the case but today - as results amply clearly from the report issued by Architect Michael Lanfranco - here attached as Document B - and the photos thereto attached, the property in question is found in a terrible state and to reinstate it to its original state the sum of approximately €830,000 would need to be incurred (see the last paragraph of the report). The farmhouse, the dovecote, the walls, the water mill and the water system and also the trees are in a horrible state of maintance and they are not being used for the reason they were leased - and this as fully results from the 137 photos forming part of the architect’s report document B;

In addition, the applicants found out that on the 30th January, 1964, the said Giuseppi Ellul passed on to third parties the temporary subutile dominium for the remaining years as at that time, of his residence number 17, Triq San Bastjan, Ħal Qormi and this by means of a contract in the acts of Notary George Cassar - Document C - but himself and his wife the respondent remained living in this property till the year 1970 - Document D. As results from the attached Document E, the said Giuseppi Ellul together with his wife the respondent transferred their residence to the farmhouse above mentioned - number 25, Triq tal-Ħandaq, Ħal Qormi and this without the knowledge and the permission of the owners and their son the respondent John Ellul is also registered as a voter in the same address - Document F;

The illegal acts of the respondent abovementioned consisting in the change of use of the premises and the breach of the lease conditions in terms of the provisions of Cap. 199 of the Laws of Malta and specifically article 4(2)(f) of the same Cap.

Thus, due to the above, the applicant, request with respect that this Honourable Board orders the eviction of the respondent and her son John Ellul from the farmhouse number 25, Triq tal-Ħandaq, Ħal Qormi and also from the gardens/fields and dovecote and all their accessories with a total measurement of 20,806.34sq metres together known as Ġnien tal-Ħandaq in Triq tal-Ħandaq, Ħal Qormi.

With costs, saving any other actions for damages regarding the applicant against the respondents that is from now are summoned so that a reference to their oath be made.

Applicant: 18A/3, Scotts House, Triq M.A. Vassalli, Valletta

Respondent: c/o 25, Triq tal-Ħandaq, l/o Ħal Qormi

The application in the names Advocate Doctor Francis Lanfranco vs Emmanuela Ellul, Application Number 7/2019SG, has been postponed to be heard on the 13th November, 2019, at 10.15 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 2nd October, 2019, in the records of the Sworn Application in the names Sohm née Bischof Brigitte Maria vs Aliquantum Gaming Ltd, Application Number 600/19 TA, the following publication was ordered for the purpose of service of the respondents Aliquatum Gaming Limnited (C 37009) and Plus 5 Gaming Limited (C 47089), in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Sohm née Bischof Brigitte Maria (Austrian passport No. 0551562) as represented by her special mandatary Adv. Etienne A. Calleja vs 1. Aliquatum Gaming Limited (C 37009) 2. Plus 5 Gaming Limited (C 47089) 3. Lopoca Gaming Limited (C 49934) 4. Andrew Martin Jones (UK passport No. 522572997) in his personal capacity 5. Reinhard Meusburger (Austrian passport No. P4364571) in his personal capacity, on the 18th June, 2019, the applicant Brigitte Maria Sohm née Bischof nomine asked the defendants to state why in the light of that premised in the application this Honourable Court should not:

1. Declare that the applicant nomine Brigitte Maria Sohm née Bischof as the sole and absolute winner of the prize jackpot on the game Mega Moolah, played on the eletronic site www.lopoca.com on the 6.7.2017, at 2.04 p.m. CET, and consequently declare the winning prize as an amount which is precisely double that she was paid by the defendants or either of whom or more correct sum and uphold the other demands in the application, amongst which the payment by all the defendants or either of whom and in solidum between them the remaining amount of the prize liquidated with legal interest and all costs as demanded in the application.

The Sworn Application in the names Sohm née Bischof Brigitte Maria vs Aliquatum Gaming Ltd, Application Number 600/19 TA, has been deferred for hearing to the 11th November, 2019, at 9.30 a.m.

Notify: 

Aliquatum Gaming Ltd (C 37009), Apt 4, 99, Villaneuve Bldgs, Triq Ħannieqa, Ħal Għaxaq

Plus 5 Gaming Limited (C 47089), Apt 4, 99, Villaneuve Bldgs, Triq Ħannieqa, Ħal Għaxaq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 16th of October of the year two thousand and ninteen (2019) (Application number 110/2019BS) Ian Grima et requested the opening of the succession of Joseph Grima, son of the late Emmanuel Grima and Mary Jane Grima née Attard, born and used to reside in Xewkija, Gozo, died in Xewkija, Gozo, on the eighth (8th) of November of the year two thousand and eight (2008), intestate, which opening of succession is to be made as to one half (1/2) undivided share in favour of his wife Joanne Josephine Grima and as to one half (1/2) undivided share in favour of his son Ian Grima.

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. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 26th June, 2018, following a request by Mary Xuereb it was ordered that deputy curators be chosen to represent the unknown persons in the act of the schedule of deposit number 1192/2018 in the names Mary Xuereb vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Mary Xuereb, housewife, wife of Paul Xuereb, daughter of the late Ignatius Pace and Giuseppa née Magri, born in Mqabba and residing at 85, PulMar, Triq Santa Maria, Naxxar (ID 411043M) vs deputy curators to represent unknown persons, on the 20th June, 2019, the applicant Mary Xuereb (ID 411043M) respectfully submitted:

That by means of a contract of division published on the 25th February, 2005, in the records of Notary Bartolomeo Micallef (Doc. A attached) after a lawsuit concerning division of property in the names Anġlu Pace, Joseph Pace and Mary Xuereb vs Carmelo Pace decided on the 10th January, 2005, by the First Hall of the Civil Court (Application No 1068/02JA) the applicant was assigned inter alia a dividedportion of land (field) known as Tal-Ħotba, marked with the letter A on the attached plan as Doc. JEV8 and Site Plan JEV 7 annexed to the same contract, which land according to the same contract is described as accessible from the Bypass of Wied iż-Żurrieq or Triq il-Maqluba which field in its enterity is bounded from the South with Triq il-Maqluba, from the North with the Bypass of Triq Wied iż-Żurrieq and other boundaries property of third parties who are unknown. The portion which is the subject matter of this redemption is also being indicated on the site plan here attached as Doc. B;

According to the same contract, it was indicated that this land was inherited by the applicant and the other co-owners from their mother Giuseppa Pace (née Magri) which inheritance was indicated as having been duly declared to the Commissioner of Inland Revenue with notice number 2311/1990 after she died intestate;

From other searches that have been carried out, the resulting indications show that by means of a deed of the 29th July, 1952, in the acts of Notary Paul Pullicino (Doc. C attached) published after a lawsuit regarding division of property decided on the 17th June, 1952, after Antonio Magri and Maria Magri died, the parents of the mother of the applicants Giuseppa Mgri, the same Giuseppa Magri as duly represented by Advocate Dr Frank Chetcuti nomine, was assigned, as part of the second portion assigned on the same deed, the land a portion of which is being redeemed by this schedule of deposit, by title of perpetual utile dominium;

This land is found described in paragraph 12 of the same deed of the 29th July, 1952, as the field called Tal-Ħotba jew Tal-Wati, in the limits of Qrendi, measuring about six tumoli and kejla, subject to the annual and perpetual groundrent of five shillings, 7 pence and 3 farthings, and there is no further indication regarding the root of title when the same land was acquired and the groundrent referring to it;

That the proportional amount of groundrent above mentioned of five shillings, seven pence and three farthings (equivalent to €0.68 rounded up) calculated according to the proportional measurement of the land subject matter of this schedule of deposit of approximately 1,686 metres squared, taking into account the global area of the same land of about six tumoli and kejla, has been calculated as being the equivalent of €0.17;

This amount of groundrent of €0.17 as capitalised at the rate of 5% amounts to €3.40 whilst any groundrent due for the last five years is equivalent to €0.85.

Thus the applicant, in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta), is humbly calling upon this Honourable Court and under its authority is depositing the amount of €4.25 representing the sum of €3.40 as the price of the redemption of groundrent above mentioned together with the sum of €0.85 groundrent for the last five years so that these amounts can be freely withdrawn by the persons who eventually have the right to them after leaving the relative receipt.

Applicant: 85, PaulMar, Triq Santa Marija, Naxxar

Respondent: Director Public Registry, Searches Unit, 34, Triq l-Arċisqof, Valletta

Lands Registrar, Casa Bolino, 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 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, abovementioned, with the witness of the Hon. Mr Justice Joseph R Micallef, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th September, 2019, Application number 1707/2019, by Edgar Ruggier whereby he requested that it will be declared open in favour of Alfred and Edgar brothers Ruggier in the quota of one half (1/2) undivided share each one of them the succession of  their sister Maria Ruggier, unmarried, daughter of Alfred Ruggier and Anna Maria  nee Agius, born in Suez, Egypt, resided in Tal-Pietà, Malta and died in Tal-Pietà, Malta on the 13th February, 2019, aged 94, and who held identity card number 0400881M.

Wherefore any person who believes 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

By means of a decree of the 13th May, 2019, given by the Civil Court First Hall in the records of judicial letter number 234/2019, in the names Registrar of Civil Courts and Tribunals vs Dennis Ciantar, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Dennis Ciantar of 19, Peace, Triq San Gejtanu, Ħamrun

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €162.50 due by you as Registry fees in connection with the law suit in the names:

Ciantar Dennis vs Bartolo Rena (JA1, GCD, NC) withdrawn on the 8th October, 2018

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd January, 2019, Application number 5/2019, by Dr Rosemarie Farrugia as procurator of Florisa Benitez whereby she requested that it will be declared open in favour of Florisa Benitez, widow of the decujus in the quota of one half (1/2) undivided share and in favour of James Christian Foulger, Tanya Mary Foulger, Raphael Benitez-Foulger and Amelie Benitez-Foulger children of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Clive Graham Foulger, husband of Florisa Benitez, son of Arthur Alber Foulger and Brenda Betty, born in Ipswich, Suffolk, United Kingdom, resided in Essex, United Kingdom and died in Colchester, United Kingdom on the 13th January, 2017, aged 66.

Wherefore any person who believes 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

By means of a decree of the 26th September, 2019, of the Rural Leases Control Board, in the records of the Application in the names Caroline Micallef vs Joseph Brincat, Application Number 4/2019SG, the following publication was ordered for the purpose of effecting service on the respondent Joseph Brincat in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Caroline wife of Carmel Micallef (ID 718662M) vs Joseph Brincat (ID 197159M), filed before the Rural Leases Control Board on the 11th June, 2019, the applicant Caroline Micallef submitted with respect:

That she is the owner of a portion of land in the limits of Ħal Luqa in the limits of Ħal Saflieni of a superficial measurement of 1564.40m² which property was given to her by her mother by means of a deed in the records of Notary Dr Andrea Micallef dated 10th May, 2019 (Doc. A);

The land that is shown in the attached plan is marked as Doc. B and is leased to the respondent at the rent of €20 per year and the next due date is of the 1st November, 2019;

He breached the conditions of the lease because:

i. The respondent has not been working the fields for more than two years;

ii. The rubble walls are in a bad state of repair;

iii. The room in the place is derelict and has a considerable amount of damage;

iv. The antique gates do not exist;

v. The original access to such fields is closed with wood with nails hammered into the wall;

vi. The passage forming part from the same field is abandoned and several wild trees have grown and the access from such passage is impossible.

Thus the applicant is requesting this Board so:

i. Subject to any necessary declarations, it finds that the respondent has breached the conditions of the lease in terms of the dispositions of Article 4(2)(d) and (f) of Chapter 199 of the Laws of Malta;

ii. It authorises the applicant to resume possession of the same property within a short and peremptory time that is fixed;

iii. Thirdly, it declares the respondent to be liable for the damages in the property de quo, liquidates the same damages through the appointment of experts and condemns the respondent to pay the damages liquidated.

Applicant: 69, Karlene, Triq Għenieqed, Ħ’Attard

Respondent:  36, JoeCathe, Triq il-Fulija, Qrendi

The  application in the names Caroline Micallef vs Joseph Brincat, Application Number 4/2019SG. has been postponed to be heard on the 21st November, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Dorothy Mifsud vs George Falzon et, Application Number 173/2019SG, the following publication was ordered for the purpose of effecting service on the respondent George Falzon in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Dorothy Mifsud (ID 767943M) vs George Falzon (ID 0411850M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 6th August, 2019, the applicant Dorothy Mifsud requests with respect that this Board:

1. Declares and decides that the respondent George Falzon is the occupier of the premises Flat 2, St Joseph House, Triq Nuzzo, Ħamrun in terms of Cap. 158 of the Laws of Malta, which premises were originally granted to Carmel Camilleri according to the contract of the 5th October, 1979, in the records of Notary Doctor Jeanette Laferla Saliba by temporary emphyteusis for a period of 21 years, at the annual and temporary ground rent of Lm200 payable six months in advance, and for the remaining period of the emphyteusis, he surrendered the concession to the respondent George Falzon by a deed of the 20th February, 1991, in the records of Notary Doctor Patrick Critien;

2. Orders that the means test of the occupant George Falzon is carried out, which test is to be based on the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test has to be on the basis of the income of the occupant Falzon between 1st January and 31st December, 2018, and on the capital of the same Falzon on the 31st December, 2018;

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises Flat 2, St Joseph House, Triq Nuzzo, Ħamrun from the 1st January, 2019, and to establish new conditions regarding the lease and in default, if the respondent Falzon does not satisfy the criteria of income and capital of the means test, the respondent will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent which was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2019, when the said rent is to be increased over and above the rent payable for the preceding three years;

4. Orders, in case the respondent Falzon does not satisfy the criteria of the income and the capital of the means test, the eviction of the same Falzon from the premises Flat 2, St Joseph House, Triq Nuzzo, Ħamrun within five years from today.

With costs and the respondent is from now summoned so that reference to his oath be made and without prejudice to the constitutional and conventional rights of the applicant and to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action that may be presented.

Applicant: Dorothy Mifsud, Gardell Flats, Flat 2, Triq ix-Xitwa, San Pawl il-Baħar

Respondent: George Falzon, 17, Flat 2, St Joseph House, Triq Nuzzo, Ħamrun

The application in the names Dorothy Mifsud vs George Falzon et, Application Number 173/2019SG, has been postponed for hearing to the 18th November, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th September, 2019, Application number 1563/2019 by Maria Dolores sive Doreen Howes nee Fenech et whereby they requested that it will be declared open in favour of Maria Dolores sive Doreen Howes, wife of the decujus in the quota of one half (1/2) undivided and in favour of Daniel Howes and Dylan Howes children of the decujus in the quota of one fourth (1/4) undivided share each one of them  the succession of  Peter Howes, husband of Maria Dolores sive Doreen nee Fenech, son of John Henry Howes and Sylvia Howes nee Grech, born in Mtarfa, Malta, resided in Birkirkara, Malta and died in Tal-Qroqq, Msida, Malta on the 24th June, 2019, aged 57, and who held identity card number 0696761M.

Wherefore any person who believes 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

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court on the 3rd October, 2019, following a request of Advocate Doctor Luigi A. Sansone as special mandatory of Giorgio Armani S.p.A. it was ordered that deputy curators be chosen to represent Lebes Tekstil Dis Ticaret LtdSTI and Eurl L’Etoile Blanche Import Export, in the records of the Sworn Application 913/2019 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatory of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan, Italy vs deputy curators to represent 1) Lebes Tekstil Dis Ticaret LtdSTI foreign company with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No:2 Beyazit/34130Fatih-Istanbul in Turkey and (2) Eurl L’Etoile Blanche Import Export, a foreign company with indication of address of Route Cheria Lotissement El Afak Local No01 Bir El Ater W Tebessa Algerie and with an indication of an Algerian fiscal identification number (Nif) of 0017120584608-54 on the 26th September, 2019, the applicant Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan, Italy, asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of pairs of shoes (in packaging material) and also jackets which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company and duly registered as UE trademarks with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966, 000504258 and 015743842 respectively, and also - in case of some pairs of shoes - those of the applicant company duly registered as trademarks with the European Union with number 001705185, 001705144 and 015620388 respectively which objects are all presently held under the authority of the Director General (Customs) after he found that the container CAIU 5849902 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered UE trade marks;

2. Declare that the same objects and namely a quantity consisting of pairs of shoes (in packaging material) and also jackets which all of them have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered as UE trademarks with numbers 000504308, 015743818, 015743891, 015743801, 000504282, 015742687, 000505594, 013174073, 013542048, 015743966, 000504258 and 015743842 respectively and also some of the pairs of shoes - those of the applicant company duly registered as trademarks with the European Union with number 001705185, 001705144 and 015620388 respectively are falsified objects; 

3. Order the Director General (Customs) to detstroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual destruction, to the attendence of the destruction and to the removal of the waste generated from the same destruction.

With costs against the defendants summoned so that a reference to their evidence be made.

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of Giorgio Armani S.p.A., a foreign company of Italian nationality with address Via Borgonuovo, 11, 20121 Milan, Italy; 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent (1) Lebes Tekstil dis Ticaret Ltd.STI foreign company with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No 2 Beyazit/34130 Fatih-Istanbul in Turkey and (2) Eurl l’Etoile Blanche Import Export, foreign company with indication of address of Route Cheria Lotissement El Afak Local No 01 Bir el Ater W Tebessa Algerie and with indiciation of Algerian fiscal identification number (Nif) of 0017120584608-54

Courts of Justice, Valletta (two copies)

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 th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 27th September, 2019, following a request by Agnes Farrugia et it was ordered that deputy curators be chosen to represent the interest of the successors in title of Doctor of Medicine Carmelo sive Charles Fava and others, and as perpetual sub director owners that cannot be traced, and also the successors in title of Agostino Bartolo, as perpetual direct owners that cannot be traced in the acts of the schedule of deposit number 1797/2019 in the names Agnes Farrugia et vs deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Agnes Farrugia (ID 232339M), retired, widow of Edward Farrugia, born and residing in Iklin, Paul Abela (Id 516535M) retired, born in Ħamrun, and residing in Ħal Balzan, brother and sister Abela children of the late Francis and Teresa née Cassar, Celine Farrugia (ID 532664M), self-employed, unmarried, daughter of the late Edward Farrugia and Agnes née Abela, born in Tas-Sliema and residing in Iklin, Jonathan Abela (ID 232670M), auditor, Maria Sorraine Debono (ID 207266M), housewife, wife of Anthony Debono, brothers and sisters Abela, children of the late Joseph Abela and Nathalie née Floridia, born in Tas-Sliema and residing in Tas-Sliema and Gwardamanġa and also the said Nathalie Abela (ID 674342M), retired, widow of Joseph Abela, daughter of the late Paul Floridia and Josephine née Sultana, born in Santa Venera and residing in Tas-Sliema, and Joseph Stuart sive Stuart Abela (ID 159675M), employed, brother and sister Abela children of Felix Abela and Lilian née Borg Carabott, born in San Ġiljan and Ħal Balzan respectivelly and residing in Iklin vs Paul Bajada (ID 748656M), pensioner, son of Carmelo Bajada and Carmelo née Zammit, born in Imsida and residing in San Pawl il-Baħar as one of the heirs of Carmelo Bajada, owner of the perpetual sub direct owner and deputy curators to represent the interest of the successors in title of Doctor of Medicine Carmelo sive Charles Fava and others, son of the late Joseph Mary Fava and Giulia née Galea, who was born and resided in Tas-Sliema, as owner of the perpetual subdirect owner and that cannot be traced, and also the successors in title of Agostino Bartolo, son of the late Giuseppe Bartolo and Maria née Vella, owners of the perpetual sub direct owner and that cannot be traced, on the 26th September, 2019, the applicants Agnes Farrugia (ID 232339M), Paul Abela (ID 516535M), Celine Farrugia (ID 532664M), Jonathan Abela (ID 232670M), Maria Sorraine Debono (ID 207266M), Nathalie Abela (ID 674342M), Joseph Stuart sive Stuart Abela (ID 159675M) and Duncan Abela (ID 590178M) respectfully submitted:

That the applicants are the owners of the premises, that is the portion of land measuring 1706msq known as Tal-Iklin sive Ta’ Bomba and Tax-Xatba, already known as Ta’ Gulia sive Tal-Ħofra on which the houses with the name Beaulieu and Long Bridge in Triq Stefano Erardi and the maisonettes with the name Green Lodge and Il-Ħarruba in Triq Ċensu Bugeja are built, all in Iklin limits of Ħal Lija and the rest of the area is not built, subject to the rate of €121.71 increase in the annual and perpetual groundrent payable to Paul Bajada and also subject to the rate of €12.71 increase in the annual and perpetual groundrent, payable to the successors in title of Doctor Carmelo Fava and others that cannot be traced, and also subject to the rate of €895.20 annual and perpetual groundrent payable to the successors in title of Agostino Bartolo who cannot be traced;

Firstly, the applicants wish to pay the fine due to Paul Bajada and this in the total amount of €97.33;

Secondly, the applicants wish to pay the five years arrears of groundrent and also the fine with respect to the increase in the ground rent due to Fava and this in the total amount of €72.99;

Thirdly, the applicants wish to pay the five years arrears of groundrent and also the fine with respect to the ground rent due to Bartolo and this in the total amount of €511.20;

Fourthly, the applicants wish to wish to avail themselves of the option given to them at law in terms of article 1501 of Cap. 16 of the Laws of Malta and redeem the said groundrent and the increase in groundrent;

That the rate of €121.71 capitalised at the rate of 5% amounts to €2,434.20;

That the rate of €12.17 capitalised at the rate of 5% amounts to €243.40;

That the rate of €85.20 capitalised at rate of 3% amounts of €2839.97.

Thus the applicants are humbly resorting to this Honourable Court and under its authority are depositing the amount of €6199.09, out of which the sum of €97.22 represents a fine as explained such that it can be freely withdrawn by Paul Bajada, the sum of €72.99 representing arrears and a fine as explained such that it can be freely withdrawn by the deputy curators, the sum of €511.20 representing arrears and a fine as indicated so that they may be freely withdrawn by the deputy curators and as for the sum of €2,434.20 being the consideration of this redemption of ground rent so that they may be freeely withdrawn by Paul Bajada, the sum of €243.40 representing the consideration of the redemption of the groundrent so that it will be withdrawn by the deputy curators, and the sum of €2,839.97 being the consideration of the redemption of groundrent so that it may be freely withdrawn by the deputy curators.

Applicants: 108, Triq Hookham Frere, Gwardamanġa PTA 1108

Respondents:

Paul Bajada, 376 Manor Court, Block E, Flat 5, Triq it-Turisti, Qawra, San Pawl il-Baħar

Deputy curators, Law Courts, Valletta

Director Public Registry, Searches Unit, Triq l-Arċisqof, 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 Joseph Zammit Mckeon, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd September, 2019, Application number 1679/2019, by Mark Zerafa whereby he requested that it will be declared open in favour of Mark Zerafa, widower of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Luke Zerafa, son of the decujus the succession of  Lourdes Zerafa, wife of Mark, daughter of Gaetano Mallia and Mary nee Attard, born in Tal-Pietà, Malta, resided in Birkirkara, Malta and died in Floriana, Malta on the 24th December, 2016, aged 37, and who held identity card number 0086379M.

Wherefore any person who believes 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th September, 2019, Application number 1635/2019 by Emmanuela Abela et, whereby they requested that it will be declared open in favour of Emmanuela and Giorgina sisters Abela in equal shares between them that is in the quota of one half (1/2) undivided share each one of them the succession of  their brother Carmelo Abela, bachelor, son of the late Paolo Abela and Francesca Abela nee Muscat, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta and died in Tal-Qroqq, Msida, Malta on the 6th June, 2019, aged 84, and who held identity card number 0200135M.

Wherefore any person who believes 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

By means of a decree given by the Civil Court First Hall on the 2nd October, 2019, in the records of the Sworn Application in the names Grima Josephine vs Xerri Matthew, Application Number 622/19 JVC, the following publication was ordered for the purpose of service of the defendant Matthew Xerri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court in the names Josephine Grima (ID 485963M) vs Matthew Xerri (ID 390787M) on the 21st June, 2019, the applicant Josephine Grima (ID 485963M) asked this Honourable Court:

1. To declare that the defendant committed a spoliation which was recent, violent and clandestine to the detriment of the plaintiff by opening a window from his garage number forty-eight 948) on to the yard forming part of the garage property of the interpellant number forty-nine (49) at basement level of the complex of building known as ‘D Peak Residences’ in Block Letter ‘P’ Number ‘4’ (Block P4) accessible such garages from a ramp which abuts on to Triq Ġdida in Triq Santa Katerina, Ħ’Attard and uphold the other demands in the application amongst which that the plantiff be authorised to carry out the remedial works at the expense of the defendant.

With costs as demanded against the defendant summoned so that a reference to his evidence be made and saving any other action due to the plaintiff.

The Sworn Application in the names Grima Josephine vs Xerri Matthew, Application Number 622/19 JVC, has been deferred for hearing to Tuesday, 5th November, 2019, at 9.30 a.m.

Notify Defendant: ‘D Peak’ Blk P5, Flat 7, Triq il-Kappella tal-Mirakli, Ħ’Attard

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 348/2015 in the names Reuben Bonnici noe vs Stainless Steel Products Limited, the following publication was ordered for the purpose of effecting service on the respondent company Stainless Steel Products Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Stainless Steel Products Limited (C2029), BLB 038, Bulebel Industrial Estate, Żejtun

By the present, Reuben Bonnici (ID 448471M) for and on behalf of Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €87,258.85 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meters, administrative costs connection and disconnection fees and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to Law regarding bill number 411000136159 regarding the premises with address Arena Laundry B38, Bulebel Industrial Estate, Żejtun.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs and reserving the right for interests according to law

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals