Court Notices published in Govt. Gazette no 20,448 of 28 July 2020

Notice, Registry of the Civil Court, First Hall

Whereas Ahmed Alagil filed an application under oath (No 597/20/JVC) demanding the Correction of the Act of Public Registry No. 5380/2017 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,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Nasser Alageel filed an application under oath (No. 598/20/JVC) demanding the Correction of the Act of Public Registry No. 2663/2017 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,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Abdulkarim Alagil filed an application under oath (No. 599/20/JVC) demanding the Correction of the Act of Public Registry No. 5374/2017 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,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Simon Peter Bellizzi (ID No. 34268G) filed an application under oath (No. 600/2020/JVC) demanding the Correction of the Act of Birth No. 82/1968 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,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

By means of a decree of the 9th July, 2020, of the Civil Court First Hall in the records of judicial letter number 1027/2020, in the names Topline Limited vs Pamtrade Limited et, the following publication was ordered for the purpose of effecting service on the defendants Pamtrade Limited, Robert Fenech and Clare Marie Fenech in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Pamtrade Limited (C 7274) of Pamtrade House, 13, Triq l-Għajn tan-Nofs, Mrieħel, as principal debtor,

Robert Fenech (ID 0324277M) of 171, Delphinium, Triq Leli Falzon, Naxxar; and

Clare Marie Fenech (ID 049881M) of 171, Delphinium, Triq Leli Falzon, Naxxar

By the present Topline Limited (C 8786) of Topline Centre, St Andrew’s Road, St Andrew’s, refer you for the public deed dated 29th November, 2018, in the records of Notary Marco Buttigieg where amongst others (i) the company Pamtrade Limited constituted itself as true, certain and liquid debtor towards the interpellant, in the amount of €73,347 payable in monthly amounts of €2,821 at the end of each month and this from the end of November 2018 and (ii) where Robert Fenech and his wife Clare Marie Fenech personally secured this payment back to the interpellant in solidum between them or in solidum with the debtors.

As the company Pamtrade Limited was in default of payment in the amount of €16,926 and this for the payments due to them for the period between September 2019 till February 2020 in connection with the amount due above mentioned, the interpellant company, on the 18th March, 2020, solicited the company Pamtrade Limited in terms of the contract de quo to pay the amount due but it remained in default. As a consequence it has lost the benefit of the time given to it according to the contract de quo and the amount above mentioned, and also the remaining balance amounting (this balance) of €28,210 and together and in total amount to €45,136 is immediately due with interest as agreed.

Thus the interpellant is soliciting you so that you or any one of you immediately pay the total amount of €45,136 together with the interest due and this within two days from today and in default further procedures will be taken against you including and not limitedly to the issue of the opprtune warrants against you.

This letter is sent, amongst others, to render this public deed executive for all the effects and purposes of law and this in terms of Article 253(b) and 256 of Cap. 12 of the Laws of Malta.

So much so you may know how to regulate yourselves according to law.

With costs against you

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th July, 2020, of the Rent Regulation Board, in the records of the Application in the names Anna Maria Fiorentino et vs Anthony Schembri, Application number 81/20CG, the following publication was ordered for the purpose of effecting service on the respondent Anthony Schembri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Anna Maria Fiorentino (ID 64259M), Denise Fiorentino (ID 310481M) and William Fiorentino (ID 6093M) vs Anthony Schembri (ID 476844M) filed before the Rent Regulation Board on the 4th June 2020, the applicants Anna Maria Fiorentino (ID 64259M), Denise Fiorentino (ID 310481M) and William Fiorentino (ID 6093M) submitted with respect and Denis Fiorentino confirmed on oath:

That the applicants are the owners of the commercial premises with number 118 previously 110, Triq is-Salini, Marsaskala;

That the said premises was leased to the respondent as a shop by means of an agreement dated 9th February, 2010, for a period of ten years starting from the 1st April, 2010, (Doc. A);

That the said lease has expired on the 31st March, 2020;

The respondent, through his legal counsel promised that he was going to release the premises due to this termination (Doc. B) and so in terms of the proviso of article 16A of Cap. 69, the applicants declare that the respondents do not have any defences to bring;

This notwithstanding and although he was duly solicited (Doc. C), the respondent failed to return the said property, and recently he opened a business in the said property, and thus he is keeping he said property without any title at law;

Now that the lease has terminated and the respondent has no further rights over the property, the applicants wish to resume the entire and effective possession of the premises in question without delay;

The applicants declare that as far as they know the respondent does not have any defences to bring against the demands and thus this case has to be decided in terms of Article 16A of Cap. 69 of the Laws of Malta;

That the applicants lost, and are still losing, monies for every day that the respondent denies them possession of the property in question, from the 1st April, 2020, till today;

The respondents declare that they know the facts personally (Doc. D);

Thus, for these reasons above mentioned, these procedures had to be filed.

Thus the applicants, for the reasons above mentioned, request with respect this Honourable Board, so that it:

1. Hears and decides the request without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta.

2. Declares that the lease of the premises 118 previously 110, Triq is-Salini, Marsaskala, was terminated on the 31st March 2020;

3. Declares that consequently the respondent is occupying the said premises without any valid title at law;

4. As a consequence, order the respondent so that within a short and peremptory time evicts and return back the premises above mentioned to the applicants with its vacant possession in a good state and free from any debts and burdens;

5. Declares that the respondent is solely responsible for the damages caused to the applicants because of his abusive detention of the premises de quo;

6. Liquidates all the damages caused to the applicants during the period that the respondent holds the premises without any valid title, that is from the 1st April, 2020, till the date of resumption of effective possession, by means of nominated architects;

7. Orders the respondent to pay the applicants the damages liquidated.

With costs and reserving for any furher damages that the applicants may have suffered, against the respondent who is from now summoned so that a reference to his oath be made.

Plaintiffs: Anna Maria Fiorentino u William Fiorentino – 122, Triq is-Salini, Marsaskala

Denise Fiorentino, Camellia Flt 1, Triq l-Isqof Galea, Żejtun

Respondent: Sorrento, Triq il-Mitħna, Birkirkara

The application in the names Anna Maria Fiorentino et vs Anthony Schembri, Application number 81/2020CG, has been postponed for hearing to the 10th September, 2020, at 9.00a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree on the 9th June, 2020, in the records of the judicial letter number 431/2020, in the names Simonds Farsons Cisk plc vs Maged Fawzy Shoky Iskander sive Eskander et, the First Hall of the Civil Courts ordered the following publication for the purpose of service of the respondents Maged Fawzy Shoky Iskander sive Eskander and Karas Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter, in terms of Article 253 and subsequent articles of Cap. 12 of the Laws of Malta, filed in the First Hall of the Civil Courts against Maged Fawzy Shoky Iskander sive Eskander (ID 20947A) and Karas Company Limited (C 63986), on the 6th February, 2020, Simonds Farsons Cisk plc (C 113) of The Brewery, Mdina Road, Zone 2, Central Business District, Birkirkara, calls upon you so that within two days you pay the interpellant the sum of €72,205.67 representing the amount due according to the public deed of constitution of debt published by Notary Peter Fleri Soler on the 3rd April, 2018, and Hypotech number 6282/2018.

With this judicial letter an authentic copy of this contract above mentioned is being attached such that the debt due by you and amounting to €72,205.67 is rendered executable in terms of Article 256(2) of the Code of Organisation and Civil Procedure. In default of payment the interpellant company will proceed against you further at Court, without further notice, including the opportune warrants.

With costs of this present judicial letter, and with 8% interest per year till the date of effective payment.

Notification: Maged Fawzy Shoky Iskander sive Eskander u Karas Company Limited ta 3, Villa Kazana, Triq il-Virdun, Kappara, San Ġwann.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd June, 2020, in the records of the judicial letter number 637/19, in the names J. Zammit Limited vs Joseph Janos Nagy, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Joseph Janos Nagy (ID 787303A) of Joe’s Court, Flat 4, Triq Dun Ġużepp Vella, il-Qala, Għawdex on the 8th April 2019, J. Zammit Limited (C 37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ ZBG 9016, solicits you so that within twenty days you pay the amount of €3,523.20 representing bills of exchange which matured besides the interest and costs till the effective payment.

In default, the interpellant will be constrained to take further action against you without further notice, including the issuing of the opportune executive warrants and also the sale by auction procedure.

This judicial act is being filed for all the effects and purposes of law including amongst them Article 253(e) of Cap. 12 of the Laws of Malta and that is the Code of Organisation and Civil Procedure for the execution of 30 bills of exchange that are here attached and marked as Doc A that according to law they constitute an executive title.

For all the effects and purposes of law, the interpellants inform you that according to Article 253 of Cap. 12 of the Laws of Malta you have the right that within twenty (20) days from the notification of this judicial act, you oppose the execution of these bills of exchange, if the signature on them is not yours, or on the basis of grave and valid reasons to oppose this execution.

So much to regulate yourself.

With costs and interest from the date of maturity of the bills of exchange.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th August, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1550/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Joseph Manuel Galea, the following publication was ordered for the purpose of effecting service on the respondent Joseph Manuel Galea in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Joseph Manuel Galea (ID 31182M) of Silvestru F/H Triq il-Qammieħ, Mellieħa

By the present, 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 plc 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 €2,230.17, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, 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 101000226954 regarding the premises with address Silvestru F/H, Triq il-Qammieħ, Mellieħa.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, on the 30th July, 2019,in the records of the Application number 110/18 LM, in the names Kenneth Mamo vs Authority for Transport In Malta, the following publication was ordered for the purpose of service of the respondent Kenneth Mamo, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Claim number 110/18 CG, in the names Kenneth Mamo (ID 583381M) vs Authority for Transport in Malta, on the 19th June, 2019, the applicant Authority for Transport in Malta, respectfully pleaded,

That the respondent asked the Court to erase and cancel the decision taken by the respondent Authority communicated to the interpellant by means of a letter dated 23rd October, 2018, and ordered the same Authority to reconsider the applicant’s application and issue the relative permission according to law,

The reply of the respondent Authority presented on the 22nd November, 2018, by means of which it pleaded the following:

a) That the allegations,pretensions and demands of the applicant are completely unfounded in fact and at law and thus these procedures are frivolous and vexatious as shall be shown in the course of these procedures,

… omissis …

 d) That by means of extension to the preceeding plea it is underlined that there are certain occupations and professions whereby one néeds to have a good conduct in order to pratice them and if this is not the case he may not be allowed to practice them or if he already practices them it may be in the interest of society that he is not allowed to continue practising them.

Thus all the requests of the applicant are to be rejected with all costs against him,

Saving further pleas if it be the case,

That by means of a judgement given on the 30th May, 2019, the Honourable Tribunal decided the cause by, upholding the respondent applicant’s appeal from the decision of the authority defendant appellant dated 25th October, 2018, and consequently revoke the decision for all intents and purposes of law. The Tribunal condemned also the respondent Authority to pay the costs,

That the grievance is clear and manifest and consists in the following;

1. That the applicant applied to be given permission of a driver in terms of the Motor Vehicles Regulations (SL 65.11),

2.That the respondent informed the applicant that he could not be given such permission of a driver since regulation 62D (1) (a) (iii) provides that, a person is considered not to satisfy the condition of reputation and good conduct,

a) If it has been found guilty of a crime as appears,

(iii) in Articles 4,5,6(a) 7, (8) (b) (c) 15,15A, 16,18 and 22 of the Dangerous Drugs Ordinance’

… omissis …

6.That the applicant had been found guilty under Article 22 of the Dangerous Drugs Ordinance as established in the Regulation cited above and thus the appellant Authority refused such application for a tag under the Subsidiary Legislation 65.11 of the Laws of Malta,

7.That the Honourable Tribunal in its decision stated that the intention of the legislator was to exclude from the application of the regulation cited the crime of possession of kannabis and other dangerous drugs and this is evident in the fact that it was selective when it listed the articles on the basis of which the refusal could be issued. The Tribunal continued to state that if this was not the intention of the legislator it would not have been necessary to cite the individual Articles of Cap. 101 and he would have cited only Article 22 because this practically renders every violation or lack of observance of the disposition of the same ordinance a crime.

… omissis …

9.That furthermore and without prejudice to the above if the legislator had the intention not to incorporate the crime of possession of such dangerous under Cap. 101 of the Laws of Malta, he would have expressed it as he did in other restrictions but the legislator did not do this.

Thus the appellant applicant Authority whilst referring to all the records of the cause and the proof gathered and reserves to bring every other proof permitted by law, respectfully prays that saving the upholding of this appeal, this Honourable Court, erase, revoke and annul the judgement given by the Administrative Review Tribunal, on the 30th May, 2019, in the cause in the names above premised and thus uphold the pleas of the respondent Authority and consequently reject the demand of the respondent applicant.

With costs, against the respondent applicant.

Appellant: Transport Malta, Triq il-Pantar, Ħal Lija

Respondent: Romero Court, No. 5, Archbishop Romero Street, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th June, 2020, Application number 571/2020 by Reuben Grech and others whereby they requested that it will be declared open in favour of Nazzareno Grech, son of the decujus in the quota of one fifth (1/5) undivided share; in favour of Josianne Fenech, daughter of the late Mary Fenech the latter daughter of the decujus in the quota of one fifth (1/5) undivided share; in favour of Josianne Fenech in the quota of one fifth (1/5) undivided share according to the last will of the decujus of the 27th August, 2016; in favour of Reuben Grech and Bernice Attard, children of the late Peter Grech, the latter son of the decujus in the quota of one fifth (1/5) undivided share between them and in favour of Pierre Grech and Roanna Grech, children of the late Joseph Grech the latter son of the decujus in the quota of one fifth (1/5) undivided share between them the Succession of Marianna Grech, widow of Joseph Grech, daughter of the late Nazzareno Grech and Rosaria née Cassar, born in Ħal Qormi, Malta, resided in Marsaskala and died in Tal-Qroqq, Msida, Malta, on the 23rd January, 2019, aged 89, and who held identity card number 0747829M.

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 6th July, 2020, Application number 701/2020, by Doris Maria Azzopardi et whereby they requested that it will be declared open in favour of Doris Maria Azzopardi, wife 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 Alison Azzopardi and Susan Azzopardi children of the decujus in equal shares between them the Succession of Giuseppe sive Joseph Azzopardi, husband of Doris Maria Azzopardi, son of he late Carmelo Azzopardi and Domenica née Saliba, born in Tas-Sliema, Malta, and resided in Fgura, Malta, and died in Fgura, Malta, on the 19th April, 2020, aged 79, and who held identity card number 443940M.

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 Civil Court of Voluntary Jurisdiction Section, on the 14th November 2019, Application number 2040/2019, by Roxanne Azzopardi u Shaun Azzopardi, whereby following the application Gaetana Cassar, daughter of the late Luigi Cassar and Giuseppa née Schembri, born in Tal-Pietà, Malta, on the 5th May, 1964, and residing in Birżebbuġa, aged 55, and holding identity card number 251364M was interdicted from all the acts of the civil life by means of a decree given on the 26th November, 2019.

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 10th July, 2020, Application number 733/2020, by Emanuel Azzopardi whereby he requested that it will be declared open in favour of Emanuel Azzopardi, Joseph Azzopardi and Martin Azzopardi, brothers of the decujus in the quota of one third (1/3) undivided share each one of them the Succession of Arthur Azzopardi, bachelor, son of the late Julian and Rose née Pritchard born in San Giljan, Malta, resided in Ħal Tarxien and died in Rabat, Malta, on the 29th December, 2019, aged 72, and who held identity card number 0551547M.

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 Civil Court of Voluntary Jurisdiction Section, on the 6th November 2019, Application number 1993/2019, by Victor Azzopardi and Sandra Azzopardi,  whereby following the application Spiridione sive Dione Azzopardi, bachelor, son of the late Anthony and Maria Carmela sive Mary nee Zammit, born in Rabat (Malta) on the 10th April, 1966, and residing in Bugibba aged 53 and holding identity card number 155966M was interdicted from all the acts of  the civil life by means of a decree given on the 30th December, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 11th February, 2019, Application number 254/2019, by Miriam Ebejer, whereby following the application Louise Ferry, unmarried, daughter of Peter George Ferry and Giuseppa Ferry née Brincat, born in Valletta, Malta, on the 18th July, 1928, and residing in Msida, aged 91, and holding identity card number 0440128M was interdicted from all the acts of the civil life by means of a decree given on the 3rd December, 2019.

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 10th July, 2020, Application number 732/2020, by Mary Rose Vella née Camilleri et whereby they requested that it will be declared open in favour of Mary Rose Vella, wife 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 Joseph Vella and Stephanie Vella, children of the decujus in equal shares between them the Succession of Anthony Vella, husband of Mary Rose Vella, son of the late Joseph Vella and Anna Vella née Micallef, born in Mosta, Malta, resided in Mosta, Malta, and died in Imsida, Malta on the 19th January, 2020, aged 65, and who held identity card number 626754M.

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 6th July, 2020, Application number 705/2020, by Silvana Coster et whereby they requested that it will be declared open in favour of Silvana Coster, wife 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 Benjamin Thomas Coster, son of the decujus the Succession of Alfred Coster, husband of Silvana Coster, son of the late Thomas Coster and Josephine Coster née Vella, born in Mosta, Malta, and residing in Ħal Lija, Malta, and died in Ħal Lija, Malta, on the 14th November, 2019, aged 66, and who held identity card number 605953M.

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 8th July, 2020, following a request of Grand Harbour Marina plc it was ordered that deputy curators be chosen to represent the Ship M/Y Nautonnier in the records of the Application number 495/2020MH, in the names Grand Harbour Marina plc vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application, filed in the First Hall Civil Court, in the names Grand Harbour Marina plc vs Deputy Curators to represent the Vessel M/Y Nautonnier, filed on the 25th June, 2020, Grand Harbour Marina plc (C 26891) respectfully submits and Gordon Vassallo (ID 137775M) confirms on oath the following:

1. In the year 2005, the applicant company has been engaged to provide berthing for the respondent vessel in the marina operated by the same company. In this regard a berthing licence agreement was signed and this continued to be renewed until the last agreement was then signed for the period till January 2019 (the ‘Agreement’, a copy of which is attached and marked as Doc. A);

2. Subsequently, the respondent vessel remained berthed in the applicant company’s marina and although the agreement was not formally renewed, after several requests for payment the respondent company received and accepted to pay for the services till the period of 31st January, 2020, in terms of the conditions of the agreement;

3. After the 31st January, 2020, although the applicant company tried to renew the contractual relationship, this did not occur and any payments to the applicant Company stopped. In addition, the vessel remains berthed in the marina till today and the applicant company is till today incurring costs for the preservation of the vessel (including berthing fees and water and electricity services). In addition, the applicant company cannot use the berthing space for other clients.

4. Although several solicitations for payment were made, till today no payment was made. In fact, the applicant company made several requests both informal and formal to renew the berthing agreement after the period of January 2020 and requested the payment due to it. The company contacted also the owners of the respondent vessel to notify them about the situation and requested them to take back the vessel as it was left at the marina without anyone paying for its costs. The last correspondence was sent on the 14th March and is here attached and marked as Doc B. However, the applicant company did not receive any reply from the parties it contacted;

5. Accordingly, the applicant company had no other choice but to initiate these proceedings;

6. Thus in view of the above, the applicant company requests this Honourable Court to:

i. Declare that the respondent vessel is responsible for the pament of the costs consisting of berthing fees and water and electricity Services as of the 1st February, 2020, and thus the vessel is a debtor in favour of the company Grand Harbour Marina plc as of 1st February, 2020; and

ii. Liquidate that amount due by the applicant company as of 1st February, 2020;

iii. Condemn the respondent vessel to pay the applicant company the amount liquidated and this besides interests till the date of effective payment.

With costs including those of the warrant of arrest of sea vessels filed together with this application and with interest till the date of effective payment against the respondent vessel.

Applicant: Vittoriosa Wharf, Vittoriosa BRG 1721

Notification: Deputaty Curators for the respondent vessel, 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, above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff 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 26th February 2020, Application number 286/2020, by Mary Stella Grech et whereby they requested that it will be declared open in favour of Mary Stella Grech, sister 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 his brother John Darmanin the Succession of Paul Lawrence Darmanin, bachelor, son of the late Salvino Darmanin and Carmela née Attard, born in Tal-Pietà, Malta, resided in Mellieħa, Malta and died in Tal-Qroqq, limits of Msida, Malta, on the 10th June, 2019, aged 54 and who held identity card number 534964M.

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 3rd June 2020, Application number 539/2020, by Agnes Cardona whereby she requested that it will be declared open in her favour the Succession of her husband Alfred Cardona, husband of Agnes Cardona, son of te late Michael Cardona and Josephine Cardona née Sciberras, born in Birkirkara, Malta, resided in Birkirkara, Malta and died in Birkirkara, Malta on the 8th October, 2005, aged 51, and who held identity card number 258554M.

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 a Decree of the 27th February 2020, given by the Courts of Magistrates (Gozo), Superior Jurisdiction, General Section 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 means of an application, at the Courts of Magistrates (Gozo), Superior Jurisdiction, General Section filed on the 28th August 2019 from Road Construction Co. Ltd (C 15677) in the judicial letter number 127/2019 in the names ‘Road Construction Co. Ltd (C 15677) versus Salvu Mintoff & Sons Limited (C 5093), of 53, Triq il-Kapuċċini, Victoria, Gozo, and Salvu Mintoff & Sons Limited (C 5093), c/o Gatt Development Ltd, Triq Borġ Għarib, Għajnsielem, Gozo’ respectfully submitted that:

To: 1. Salvu Mintoff & Sons Limited (C 5093), 53, Triq il-Kapuċċini, Victoria, Gozo

 2. Salvu Mintoff & Sons Limited (C 5093), c/o Gatt Development Ltd, Triq Borġ Għarib, Għajnsielem, Gozo

By this present, Road Construction Co. Ltd (C-15677) of Tarmac Plant, Żebbuġ Road, Victoria, Gozo, calls upon you to appear for the liquidation and payment of all damages which you have caused, and will cause, to it as a result of the abusive and illegal excavation and rock blasting in the portion of land, superficially measuring approximately seven thousand and seven hundred square metres (7,700sqm), forming part of the lands known as ‘Tal-Qasam’ or ‘Ta’ Għar id-Dar’ or ‘Tal-Hawli’, limits of Qala, Gozo, over which claimant enjoys temporary emphyteutical rights for a period of twenty five (25) years, for commercial and business purposes and for the excavation of rock, in virtue of a deed dated 17th September, 2017, published in the records of Notary Dr Krystle Frendo Galea.

You are formally called upon to stop adding to the damages already caused to claimant, and to stop all works which you are executing over the said land by virtue of which you are taking away all its commercial value, to claimant’s very serious prejudice.

In default, claimant will be proceeding against you without further notice, for the payment of damages and the issue of precautionary warrants.

So much for your guidance

With costs and legal interests

Superior Jurisdiction, General Section,

DIANE FARRUGIA

For the Registrar, Courts and Tribunals (Gozo)