Court Notices published in Govt. Gazette no 20,456 of 7 August 2020

By decree given by the Civil Court, First Hall on the 30th July, 2020, on the application of Damian Borg (ID 196479M) and on request of Armen Stepanian (Russian passport number 64No2021565), Thursday, 1st October, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78 near the Archives, level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartament internally numbered two (2) forming part of a block of apartments officially numbered thirty-five (35) named 'Falcon Forge', with common entrance in Triq it-Torri, Msida. This apartment is situated on the first floor subject to an annual and perpetual groundrent of thirty euro and fifty-one cents (€30.51) per year with all its rights and appertunances as further described in the contract on the tenth March two thousand and seven (10.03.2007) in the acts of Notary Carmel Gafà, valued at two hundred and sixty-five thousand euro (€265,000).

The said tenement is the property of Samvel Gurjinyan Gurdzhinyan (ID 41425A) and Irina Uspenskaya (ID 41426A) and by decree of 30th July, 2019, Dr Josette Sultana and Nicholette Aquilina LP had been nominated as curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 21/2018.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 27th July, 2020, on the application of Suban Theresa (ID 295040M) et, Thursday, 22nd October, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archives, level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Field known as 'Ta' Buqana', limits of Rabat, valued in an agricultural zone outside the development zone, with a total approximate size of 2414 square metres, with access from countryside alley from a principal road, Triq Buqana. The field is longitudinally shaped with breadth of approximately 26.9 metres and length of approximately 98.5 metres with a lease of €2.00 per year and valued twenty-two thousand and one hundred euro (€22,100).

The said tenement is the property of Suban Theresa (ID 295040M), Schembri Mario (ID 52660M), Schembri Joseph (ID 663061M), Schembri Catherine (ID 416463M), Schembri Vincent (ID 383066M) and Zammit Doris (ID 194868M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 22/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

DKR 9/2017 – CANCELLATION OF A FREEZING ORDER

It is being notified that by judgement dated 25th June, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri LLD), Compilation number 500/2012, in the case in the names:

The Police

(Inspector Kevin Pulis)

Versus:

Robert Agius, 36 years, son of the late Raymond and Paola nee Zammit, born in Tal-Pietà, Malta on the 29th of October, 1983, residing at Olive Court, Block B, Penthouse Number 11, Triq il-Baħħara, St Paul's Bay, Malta and holder of  Maltese Identity Card bearing number 569383M.

The Court ordered the cancellation of the freezing order of all the assets of the said Robert Agius which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Francesco Depasquale LLD) by a decree dated 11th May, 2012, and published in the Government Gazette of the 20th January, 2017. 

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 83/2010 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 23rd July, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri LLD) after an application filed by Antonio Briffa on the 10th July, 2020, and following judgement given by the same Court on the 25th June, 2020, Compilation number 1286/2009,  in the case in the names:

The Police

(Inspector Doriette Cuschieri)

Versus:

Antonio Briffa, 41 years, son of Mario and the late Emanuela nee Baldacchino, born in Tal-Pietà, Malta on the 27th August, 1978, residing at Girbeġ Farmhouse, Vjal l-Avjazzjoni, Ħal Luqa, Malta and holder of Maltese Identity Card bearing number 402078M.

The Court ordered the cancellation of the freezing order of all the assets of the said Antonio Briffa which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LLD) on the 2nd March, 2010, and published in the Government Gazette of the 9th March, 2010.

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)

By means of a decree given by the Court of Appeal on the 10th June, 2020, in the records of the Application in the names Abas Abdulkerim Abagero vs Malta Public Transport Services (Operations) Limited, Application 68/2019 LM, the following publication was ordered for the purpose of the respondent Abas Abdulkerim Abagero, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Decision of the Industrial Tribunal 2611, Case Number 3708/JG, in the Industrial Dispute between Abdulkerim Abagero Abas (ID 67947A) vs Malta Public Transport Services (Operations) Limited (C 48875) the applicant company Malta Public Transport Services (Operations) Limited (C 48875) in terms of Article 82(3) of Cap 452 respectfully pleaded:

1. That this is an application of Appeal from a decision of the Industrial Tribunal dated 26th July, 2019, in the cause in the names premised.

2. That by means of an application dated 20th December, 2018, the employee Abdulkerim Abagero Abas presented  a Declaration of his case and asked the same Industrial Tribunal to decide and declare that the termination of his employment with the respondent company was unjust.

… omissis …

6. That by means of a Decision Number 2611 of the 26th July, 2019, the Honourable Industrial Tribunal presided by the Chairman Joseph Gerada, despite finding that there was a sufficiently valid reason for the dismissal, concluded in the Operative part that:

'having examined and evalued the statements of the case, testimonies, documents and submissions presented and made by both parties and having made the aforementioned considerations, the Tribunal, taking all the aforementioned elements in their totality and complexity deems the defendant's decision to dismiss the plaintiff to have been unjust'.

… omissis …

8. That as shall be explained the appellant company feels aggrieved by this judgement of the Tribunal for various reasons and is humby filing the present appeal.

Facts in Brief

9. That the respondent company Malta Public Transport Services (Operations) Limited (MPTSOL) is a company appointed to operate the service of public transport for buses in Malta and Gozo.

… omissis …

11. That during his appointment as Bus Driver, the applicant had various disciplinary offences that were written down in the performance record sheet (vide Doc. MPT2 with the reply in the Industrial Tribunal).

… omissis …

21. That as explained by the witnesses of the appellant company during the proceedings the respondent company emphasised that the termination of the employment of the applicant was made due to a just and sufficient reason and this because of a substantial number of warnings and the finding of Gross Misconduct by the indipendent disciplinary Board.

… omissis …

23. That despite all as above explained the Honourable Industrial Tribunal found that the dismissal was unjust.

Grievances of the Appellant

24. That the grievances are clear and manifest and consist primarily in the fact that the Honourable Industrial Tribunal made a wrong application of points and/or principle of law as expressed in the Laws of Malta.

1) That the deposition of the Industrial Tribunal is with all respect illogical, does not follow and does not conform to the dictates of law and the established jurisprudence as to what constitutes 'unfair dismissal' in terms of Cap. 452 of the Laws of Malta.

2) That apart from this the decision of the Industrial Tribunal is based also on considerations that were never raised by any of the parties and thus are in violation of the principle 'iuxta allegata et probata'.

3) That in each case without prejudice to the above and even if granted but not conceded there were deficiencies in the disciplinary proceedings of the appellant, the respondent did not merit compensation because the dismissal was made for valid reasons for which only the responden is to blame.

Thus for all the reasons above brought forward the appellant company asks this Honourable Court to uphold the grievances and its appeal and order that there be erased, annulled  and/or revoked the decision appealed of the Industrial Tribunal dated 26th July 2019, above referred to, decide the same cause by upholding the demands of the appellant company since the dismissal in question was just and sufficient according to law.

With costs against the applicants.

Whereas the procedures in writing in the cause before the Court  of Appeal between Abdulkerim Abagero Abas vs Malta Public Transport Services (Operations) Limited, the Court fixed the hearing of this cause on Wednesday, eleventh (11) of March, 2020, at 10.30 a.m, for pleadings and put off to the 2nd September, 2020, at 9.00 a.m.

Respondent: 90, Triq San Kristofru, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 4th August, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 4th August, 2020, in the records of the Judicial Letter number 239/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Mary Grace Attard and Angelo Cefai versus Carmel Grima and Deputy Curator in order to represent Nicholas Grima who is abroad, filed on the 1st July, 2020, in the Court of Magistrates Gozo, Superior Jurisdiction, General Section. They respectfully submit:

 With the following, Mary Grace Attard and Angelo Cefai of 11, Triq il-Kapuċċini, Victoria, Gozo, holders of identity card numbers 25569G and 33757G respectively, make reference to the Partnership called Ignatius Attard and Company that was formed by an agreement dated 20th February, 1991.

You are being reminded that said agreement, and therefore also the mentioned Partnership, shall be renewed automatically for a further period of ten years, when the first extension of ten years shall lapse, and this according to this agreement. 

Therefore with this letter you are being hereby reminded of the automatic extension of this agreement for this further period of ten years, and for all intents and purposes the senders are renewing the agreement for this further period of ten years for all purposes and effects of the law.

This judicial letter is being made in terms of Article 889 of Chapter 12 of the Laws of Malta.

So that you may be guided to regulate yourself and avoid additional expenses.

With expenses.

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By a decree of the 3rd August, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by J. Zammit Limited on the 30th July, 2020, the approval of the said judicial acts is being demanded for the amount of €50.00 following judicial sale by auction 16/19 in the names J. Zammit Limited (C 37941) vs Andrew John Callaway (ID 146467A) held under the Authority of the said Court on the 29th July, 2020.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 7th July, 2020, in the records of the Sworn Application in the names Mifsud Adv. Dr Malcolm noe vs Caluno Igaming Consulting Limited et, Application Number 259/2020 FDP, the following publication was ordered for the purpose of service of the respondent company Caluno Igaming Consulting Limited (C 90956) 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 Advocate Dr Malcolm Mifsud in the name and in representation of the absent Jakob Famme in his own name and in the name of the organisation which runs event travel dk, together with the companies Famme Creative Consult ApS and Sports Events ApS registered in Denmark vs Caluno Igaming Consulting Limited (C 90956) and Bethard Group Limited (C 69565) on the 4th May, 2020, Advocate Dr Malcolm Mifsud (ID 405168M) noe asked this Honourable Court:

1. To declare the defendant companies debtors in the sum of one hundred thirty-one thousand nine hundred forty-four euro and eightyone cents (€131,944.81) and order the defendant companies to pay the plaintiffs noe the sum abovementioned besides legal interest and the costs.

With costs and the defendants from now summoned so that a reference to their evidence is made.

The Sworn Application in the names Mifsud Adv. Dr Malcolm noe vs Caluno Igaming Consulting Limited et, Application Number 259/2020 FDP, has been deferred for hearing to Thursday, 24th September, 2020, at 11.00 a.m.

Notify: Caluno Igaming Consulting Limited (C 90956), 34, Villa Belmar, Triq id-Dris, Swieqi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Court and Tribunals

By means of a decreee given by the First Hall Civil Court, by this Court (GM) on the 2nd July, 2020, in the records of the Sworn Application in the names Kalkara Marina Company Limited vs STDB.EU Ltd et, Application Number 366/2020 GM, the following publication was ordered for the purpose of service of the respondents STDB.EU Ltd et, and Ricky Alan Reeves in his own name and as juridical representative of the respondent company, 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 Kalkara Marina Company Ltd (C 49452) vs STDB.EU Limited (C 39502) and Ricky Alan Reeves (English passport no. 651825970) for any interest he may have, on the 20th May, 2020, the applicant company Kalkara Marina Company Ltd (C 49452) and Claire Farrugia Delceppo (ID 149276M) asked this Honourable Court:

1. To decide this application without proceeding to a hearing on the basis of Article 167 of Cap. 12 of the Laws of Malta.

2. Declare the respondents or either of them as debtors of the applicant company in the amount of twenty-five thousand nine hundred and sixty euro (€25,960.00).

3. Condemn the same respondents or either of them to pay separately or in solidum between them according to the case the applicant company the said amount.

With costs and legal interest as demanded in the application against the respondents or either of them summoned so that a reference to their evidence be made.

The Sworn Application in the names Kalkara Marina Company Limited vs STDB.EU Ltd et, Application Number 366/2020 GM, has been deferred for hearing to Tuesday, 22nd September, 2020, at 10.00 a.m.

Services:

1. STDB.EU Ltd, 37, Apt R, Dolphin Court, Embassy Way, Ta' Xbiex

2. Ricky Alan Reeves, Villa Violette, Triq tas-Salib tal-Marsa, Marsa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 2nd July, 2020, in the records of the Sworn Application in the names Electrical Supplies & Services Limited vs Automation Technologies Limited, Application number 153/2020 RGM, the following publication was ordered for the purpose of service of the respondents Stephen Vella as company secretary and the company Automation Technoloġies Limited, 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 Electrical Supplies & Services Limited (C 27813) vs Automation Technoloġies Limited (C 37558) on the 20th February, 2020, the applicant company Electrical Supplies & Services Limited (C 27813) asked this Honourable Court,

1. To proceed to give judgement according to the demand without proceeding to a hearing in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta and condemn the respondent company to pay the applicant company the sum of €18,266.09 (eighteen thousand two hundred sixty six euro and nine cents) representing balance of price of merchandise sold and delivered to the respondent company , with further interests and with costs, as demanded in the application against the respondent company from now sumnmoned so that a reference to its evidence be made.

Applicant: ESS Building, Triq San Ġwakkin, Mrieħel

Services: Stephen Vella, KBIC Unit 1140, Kordin Industrial Estate, Paola

Automation Technoloġies Ltd-KBIC Unit 1140, Kordin Industrial Estate, Paola

Adv. Frank Portelli, LLD

For the Reġistrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Mohammed Alagil filed an application under oath (No. 647/20/JVC) demanding the Correction of the Act of Public Registry of Mona Alagil No. 5378/2017 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