Court Notices published in Govt. Gazette no 20,483 of 15th September 2020

ARB/C031/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 10th September, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Astrid May Grima LLD). Compilation Number 79/2020 in the case:

The Police

(Inspector Joseph Mercieca)

Versus

JOSEPHINE FARRUGIA MIFSUD NÉE FARRUGIA, lawyer, 41 years, daughter of the late Andrew Farrugia and Mary Farrugia née Borg, born in Tal-Pietà, Malta on the 29th October, 1978, residing at 5, Pietra, Triq l-Inbid, Ħ'Attard and holder of Maltese Identity Card bearing number 518278M.   

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to JOSEPHINE FARRUGIA MIFSUD NÉE FARRUGIA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Section 23A(2) of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 23A (2) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

THE DIRECTOR, ASSET RECOVERY BUREAU

By means of a decree of the 9th June, 2020, in the records of the judicial letter number 660/2019, in the names Victor Attard et vs Jonathan Borg, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Jonathan Borg in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Jonathan Borg (ID 78980M) of Venica Builidings, Flat 2, Triq Ta' Marmora, San Ġiljan

By means of a judicial letter Victor Attard (ID 0434645M) and Josephine Attard (ID 0321849M) of Venica Buildings Flat 3, Triq Ta' Marmora, San Ġiljan are soliciting you so that you immediately vacate from the apartment number 2, Venica Buildings, Triq Ta' Marmora, San Ġiljan and the garage underlying Venica Buildings, Triq Ta' Marmora, San Ġiljan and return the keys by not later than one week from the date of this letter because you are occuyping the premises without any legal title.

Should you fail to comply with the above, we will have no other option but to proceed against you for the eviction from the premises by instituting special summary Proceedings since you never paid any rent for these premises and you are occuyping them only on the basis of their mere tolerance.

So much for your own guidance and with costs.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals    

By means of a decree of the 27th July, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 832/2020 in the names No Deposit Cars Malta Limited vs Loriane Pisani Simonini, the following publication was ordered for the purpose of effecting service on the respondent Loriane Pisani Simonini in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Loriane Pisani Simonini (ID 151689M) of Gransite Blk C, Fl 2, Triq it-Tamar, San Pawl il-Baħar, Malta

By the present, No Deposit Cars Malta Limited (C 85780) of Sharay, Triq il-Fraxxnu, San Ġiljan is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €5,670 and are as follows:

1. The six (6) bills of exchange here attached and marked as Doc. 1, numbered 1, 2, 3, 4, 5, and 6 in the amount of €295 each bill of exchange, issued by the defendant in favour of the company, which bill of exchange were due on the 11th December, 2019; 11th January, 2020; 11th February, 2020; 11th March, 2020; 11th April, 2020; and 11th May, 2020, respectively and which sum has to date not been paid;

2. The six (6) bills of exchange here attached and marked as Doc. 2, numbered 1, 2, 3, 4, 5, and 6 in the amount of €650 each bill of exchange, issued by the defendant in favour of the company, which bills of exchange were due on the 11th December, 2019; 11th January, 2020; 11th February, 2020; 11th March, 2020; 11th April, 2020; and 11th May, 2020; respectively and which sum has to date not been paid.

This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.

Notwithstanding that you have been requested to pay the interpellant the amount above mentioned you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 12 th August, 2020, by this Court (RGM) in the records of the Sworn Application in the names Adv.Dr Franco Galea noe vs Thurner Christian Franz, Application number 76/2020 RGM, the following publication was ordered for the purpose of service of the respondent Christian Franz Thurner, 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 Advocae Doctor Franco Galea (ID 402281M) qua special mandator of JU Dr Vladimir Jasek, PH. D. LL.M. holder of Czech Identity Card number 206795244 vs Christian Franz Thurner, holder of Passport of Austria number P3 185709, on the 24th January, 2020, the applicant Advocate Doctor Franco Galea (ID 402281M) in his capacity above premised asked this Honourable Court,

1. To declare executable and consequently authorise the execution of the authentic instrument reached between the respondent and the company NJP Twenty-Eight s.r.o, a company reġistered in Prague and with registration number 246.82.918 so that the applicant nomine can demand the payment due to him in the global amount of five hundred thousand ewro (€ 500,000) according to the agreement dated ninth (9) of April, 2014, by means of which this credit was assigned to the applicant proprio.

With costs, against the respondent from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Adv. Dr Franco Galea noe vs Thurner Christian Franz, Application number 76/2020 RGM, was deferred for hearing to the 21st October, 2020, at 11.15 a.m.

Notify: Christian F. Turner, Ismay, Flat 2, Dawret ix-Xatt, Xgħajra

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 3rd August 2020, in the records of the judicial letter number 1450/2019, in the names Mapfre Middlesea plc vs Laura Zahra et, the Courts of Magistrates(Malta), ordered the following publication for the purpose of effecting service on the respondent Laura Zahra, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

In the Courts of Magistrates (Malta)

To 1. Laura Zahra (ID 110276M) of 67, Ġesù Redentur, Vjal it-Torri, Gudja

 2. Citadel Insurance plc

By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana, as subrogated by policy and at law in the rights of its insured Fiona Bugeja (ID 472379M) of 47, triq il-Monsinjur Dandria, Msida, and the same Fiona Bugeja, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsabilities for the road accident which occured on the 15th November, 2017, in Triq l-Iskola, Ħaz-Zabbar, between the vehicle with registration number FCH707 driven by you Laura Zahra and insured by you Citadel Insurance plc and the vehicle with registration number KBU236 driven by the interpellant Fiona Bugeja and insured by the applicant Mapfre Middlesea plc, and also to com forwrd for the liquidation of the damages incurred by the interpellant.

The interpellant submits that you are solely responsabile for the said accident and this because of recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part or any one of you.

This letter is being sent for the effects and purposes of law especially in terms of Cap. 104 of the Laws of Malta and serving to interupts the prescription in terms of article 2128 of Cap. 16 of the Laws of Malta.

In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.

With costs of this present and legal interest till the date of effective payment.

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 1821/2015 in the names Reuben Bonnici noe vs Bellis Trading Company Limited, the following publication was ordered for the purpose of effecting service on the respondent company Bellis Trading Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Bellis Trading Company Limited (C 5279) of 22, Wentworth Court, Triq il-Qrempuċ, San Ġwann

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 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 €3,064.17, 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 the bills number 101000229669, that is the premises with address 90, Stephen Store, Triq Sant'Antnin, San Ġwann.

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 the payment of interest according to law till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Nora Alsaied filed an application under oath (No. 793/20/JVC) demanding the Correction of the Act of Public Registry No. 2926/2017 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 Mohammed Alagil filed an application under oath (No. 794/20/JVC) demanding the Correction of the Act of Public Registry No. 2927/2017 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

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 7th September, 2020, and this after a written plea numbered 613/2020, Ordered:

The correction of the Act of Birth of Salvu Grima, bearing number 2021 of the year 2012, so that in the column with the heading 'If bachelor/spinster, married, widower/widow' the name of the husband of the deceased person is written as 'Salvu' instead of 'Saviour' as currently written, by deleting the name 'Saviour' and substituting it with the correct name 'Salvu'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th August, 2020, Application number 875/2020, by Rita Gatt et whereby they requested that it will be declared open in favour of Mary Anne Caruana, Carmen Aquilina, Rita Caruana, Helen Caruana and Angelo Caruana, brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them the Succession of George Caruana, bachelor, son of the late Carmelo Caruana and Rita née Sciberras, born in Birkirkara, Malta, resided in Birkirkara and died in tal-Qroqq, Msida, Malta on the 6th May, 2020, aged 60, and who held identity card number 0805759M.

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 13th August, 2020, Application number 921/2020, by Julia Ghigo et whereby they requested that it will be declared open in favour of Julia Ghigo and Innocenza Dallia sisters of the decujus in the quota of one fourth (1/4) undivided share each one of the; in favour of Marlene Montebello and Heidi Sciberras children of the late Lawrence Farrugia the latter brother of the decujus in the quota of one eighth (1/8) undivided share each one of them; Alexandra D'Amato, Mario Abdilla and Pauline Micallef children of the late Maria Carmela Abdilla the latter sister of the decujus in the quota of one twelfth (1/12) undivided share each one of them the Succession of Joseph Mary Farrugia, bachelor, son of the late Nazzarenu Farrugia and Marianna Farrugia née Muscat, born in Mqabba, Malta, resided in Mqabba, Malta, and died in Tal-Qroqq, Msida, Malta, on the 21st November, 2019, aged 66, and who held identity card number 0121753M.

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 20th August 2020, Application number 962/2020, by Silvio Attard et, whereby they requested that it will be declared open in favour of Silvio Attard, Mary Louise sive Louise Mallia and Rose Sciriha in the quota of one third (1/3) undivided share each one of them the SUCCESSION of their mother Maria sive Mary Attard, widow of Salvatore sive Saviour Attard, daughter of the late Vincenzo Schembri and Giovanna née Caruana, born in Ħamrun, Malta, and resided in Ħamrun, Malta, and died in Tal-Pietà, Malta, on the 21st December, 2019, aged 84, and who held identity card number 0723035M.

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 19th August 2020, Application number 948/2020, by Natasha Chapelle Paleologo, whereby she requested that it will be declared open in favour of Colin Stanley, husband 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 Nathasha Chapelle Paleologo and Christopher Stanley brother and sister Stanley, children of the decujus in equal shares between them the Succession of Anna Stanely, wife of Colin, daughter of the late George Satariano and Mary née Gatt, born in Tas-Sliema, Malta, and resided in San Pawl tat-Tarġa limits of Naxxar, Malta, and died in Msida, Malta, on the 17th May, 2020, aged 79, and who held identity card number 85241M.

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 4th August, 2020, Application number 852/2020, by Kurt Camilleri in his own name and on behalf of his brother Joseph Camilleri whereby he requested that it will be declared open in favour of Maria Anna Camilleri, 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 Kurt Camilleri and Joseph Camilleri children of the decujus in the quota of one fourth (1/4) undivided share each one of them the Succession of Joseph Camilleri, husband of Maria Anna Camilleri, son of Joseph Camilleri and Teresa Camilleri née Debono, born in Naxxar, Malta, resided in Żurrieq and died in Msida, Malta, on the 11th May, 2020, aged 71, and who held identity card number 0794948M.

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 Small Claims Tribunal of the 28th October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Sullivan Shipping Agencies Limited (C 2923) of The Exchange Building, Triq ir-Repubblika, Valletta VLT 1117, filed a Claim on the 23rd October, 2019, whereby they asked the Tribunal to condemn Easi Bind (Mediterranean Limited (C 3407) of 3, Triq Abate Rigord, Ta' Xbiex XBX 1127, to pay the plaintiff company the sum of €1002.75, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 323/19SFJ) is deferred on the 29th September, 2020, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

By a decree of the Courts of Magistrates (Malta), of 6th July, 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on a request of Kevin Axiaq and Maria Carmela sive Marika Axiaq it was ordered that Deputy Curators be nominated to represent the absent John Farrugia, son of Spiridione and Angolina née Portelli, born in Marsa and residing in Ontario, Canada, and his wife Jane Farrugia, daughter of Michael Grech and Carmela née Calleja, born in Birkirkara and residing in Ontario, Canada, in the schedule of deposit number 1252/2020 and in other relative and subsequent acts where they demanded:

That the applicants lease the premises, consisting of a garage at ground floor level, without the relative air space, in Birkirkara, Triq San Pawl, previously Sqaq San Pawl in Valley Road, with number 17B, for which premises the amount of €250 is paid as rent every six months in advance.

The applicants have to give the amount of €250 representing the rent due from the 25th April, 2020, to the 23rd October, 2020;

That the applicants offered to pay the rent due to Anthony Grech who used to collect it, but were informed that he died and so it is not known who is in charge of collecting rent on behalf of the owners who live in Canada;

Thus in view of the above, the applicants, in order to preserve and safeguard their rights and interests according to law, and in order to exempt themselves of any responsibility, they are requesting this Court and under its authority are depositing the amount of €205.35 which together with €44.65 representing the costs of this application amounts to €250.00 representing the payment of rent above mentioned, so that this sum may be freely withdrawn by the respondents after leaving the receipt.

Applicant: 117, Triq Ġużè Ellul Mercer, Ħad-Dingli, Malta

Respondent: Deputy Curators, Law Courts, Valletta

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with thewitness of Dr Rachel Montebello, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 30th July, 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on a request of Rita Attard and Doris Bartolo it was ordered that Deputy Curators be nominated to represent the unknown owners of the direct dominium of temporary Emphyteutical grant regarding the property hereunder mentioned, in the schedule of deposit number 1403/2020 and in other relative and subsequent acts where they demanded:

That the applicants are the co-owers of the temporary utile dominium for the remaining period of 150 years from the 27th July 1892 of the tenement with two rooms with its own airspace number 46, Pur Saviour Street, Tas-Sliema, as subject to the subgroundrent of eighty Maltese liri, equivalent to €186.40, which property was acquired by their parents from Alfred and Annunziatio sive Lany brothers Calleja by means of a contract dated 9th June, 1988, in the acts of Notary Doctor Clyde La Rosa;

That the applicants wish to deposit the total amount of €116.45 representing the sub groundrent arrears due to the unknown owners;

Thus the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €116.45 in favour of the respondent above mentioned so that this amount can be withdrawn after leaving the relative receipt according to law.

Applicant: c/o 53/55 Triq it-Tagħlim, Fgura

Respondent: Deputy Curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with thewitness of Dr Rachel Montebello, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

By means of a decree of the 24th August, 2020, in the records of the judicial letter number 1219/2020, in the names Diane Falzon vs Maria Luisa Schembri Adami et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Maria Luisa Schembri Adami and Marco Astrologo in terms of Article 187(3)  of Chapter 12.

In the First Hall of the Civil Court

To Maria Luisa Schembri Adami and Marco Astrologo of 66, Triq V. Menville, Swieqi

By means of a judicial letter Diane Falzon (ID 258171M) of 10, My Sweet Home, Triq Saver Zarb, San Ġwann makes reference to the sum due by you to the interpellant of €24,000 which sum represents the balance due on a loan given to you.

You are given two weeks' time to pay the balance.

If you fail to pay within the time granted to you, the interpellant will proceed against you according to law, without further notice.

So much for your own guidance.

With costs and legal interest.

Notification: Marco Astrologo Dental Laboratories, Melfar Buildings, Flat 3, Triq C. De Brockdorff, Msida

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 4th March, 2019, following a request by Alison Julie Booth et it was ordered that deputy curators be chosen to represent  the unknown  owners in the acts of the schedule of deposit number 441/2019 in the names Alison Julie Booth et vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent   filed in the First Hall of the Civil Court, in the names Alison Julie Booth, housewife, wife of  Douglas Booth, born in Oldham, United Kingdom on the 19th September, 1960, and residing at West Yorkshire, United Kingdom – Maltese tax number 889577537; Daryl Lynn Taylor, social worker, divorced from Desmond Francis Taylor, born in Oldham, United Kingdom on the 26th November, 1955, and residing at Oldham, United Kingdom – Maltese tax number 889574803; and Anthony Nicholas Knight, managing director, born in Oldham, United Kingdom on the 16th January, 1958, and  residing at Halifex, United Kingdom – Maltese tax number 889576836, all three children of Colin Hayes Knight and Jean Knight nee Blackburn Blackurn together and in solidum between them vs deputy curators to represent the unknown  owners, filed on the 1st March, 2019, the applicants respectfully submitted:

That the applicants own the apartment with its own airspace, internally marked number 2, on the right hand side when looking at the facade of the block, without official number and with the name Knights House, forming part of a block of building consisting of two apartments and an underlying garage, Triq il-Qaliet, Marsaskala with the outside door officially numbered 368, bounded from the Southwest with Triq il-Qaliet, from the Northeast and Northwest with property of the company Ta Nikol Developments Limited or their successors in title, with the share of one half (1/2) undivided part, services and amenities intended for the use and utility of the owners of the two apartments in the said block, as subject to the annual and perpetual subgroundrent of €46.58 equivalent to Lm20, otherwise free and unencumbered, with all its rights and appurtences, marked on the site plan that is being here attached and marked as Doc. A and as better described in the public deed of Notary Doctor Joe Cilia of the 1st February, 1990, Doc. B.

That the applicants wish to avail themselves of the option given to them by Article 1501 of the Civil Code and to redeem the same groundrent which amounts to €931.75.

Thus the applicants are requesting this Honourable Court and under its Authority are depositing the amount €931.75 representing the redemption of the annual and perpetual groundrent regarding the premises abovementioned  to be freely withdrawn by the owners after leaving the relative receipt.

Applicants: Shepherd's Rest, Newbarton Road, Hubberton, Sowerby Bridge, West Yorkshire, United Kingdom, HX61NW

Notification: Director of Public Registry, 197, Triq il-Merkanti, 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. Madam Justice Anna Felice 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 3rd August, 2020, 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 Ltd STI and El Farouk Commerce International, in the records of the Sworn Application 633/2020 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 LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Giorgio Armani S.p.A., a foreign company organised under the Italian laws with address of Via Borgonuovo, 11, 20121, Milan, Italy vs deputy curators to represent 1) Lebes Tekstil Dis Ticaret Ltd. STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No. 2 Beyazit/34130 Fatih-Istanbul in Turkey and (2)  El Farouk Commerce International  a foreign entity with indication of address of Bacha Centre 75 Avenue Khaier Eddine Bacha Bloc C 2 Eme Etage Appartment C6 Mont Plaisir 1076-Tunis in Tunisia on the 27th July, 2020, the applicant Advocate Doctor Luigi A Sansone LL.B. (Hons) LLD  (ID 258269M) as special mandatory of Giorgio Armani S.p.A., a foreign company organised under the Italian laws 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 products consisting of shoes and  packaging material, which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects  - some of them or all of them from the trademarks of the plaintiff company and duly registered regarding the same products as trademarks  in the European Union with numbers 000504308, 015743818, 015743891, 015743801, 015743842, 000504282, 015742687, 000504258 and 000505594  respectively  which objects are all presently held under the authority of the Director General (Customs) after he found that the container TCKU9980627 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered trade marks of the European Union.

2. Declare that the same objects and namely a quantity of products consisting of shoes and packaging material which all of them have on them identical trademarks to or which cannot be distinguished in their essential aspects from some of them or all of them from the trademarks of the plaintiff company duly registered  in the European Union with numbers  000504308, 015743818, 015743891, 015743801, 015743842, 000504282, 015742687, 000504258 u 000505594 respectively are falsified objects.

3. Order the Director General (Customs) to destroy 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 LL.B. (Hons) LLD (ID 258269M) as special mandatary of Giorgio Armani S.p.A., a foreign entity organised under the Italian laws with address of 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, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No 2 Beyazit-34130 Fatih-Istanbul in Turkey and (2) El Farouk Commerce International a foreign entity with indication of address of Bacha Centre 75 Avenue Khaier Eddine Bacha Bloc C 2 Eme Etage Appartement C6 Mont Plaisir 1076-Tunis in Tunisia.

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 Giannino Caruana Demajo LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court (Constitutional Jurisdiction) on the 5th March, 2020, by this Court (MCH) in the records of the Application in the names Hornyold Strickland Robert vs Ciantar Brothers Limited, Application Number 27/2020 MCH, the following publication was  ordered for the purpose of service of the respondent company Ciantar Brothers Limited et, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court (Constitutional Jurisdiction) on the 5th February, 2020, the applicant Robert Hornyold Strickland (ID 312013L) respectfully pleaded:

1. That the premises Block 26, Flat 3, Triq il-Merkanti, Valletta, is the property of the interpellant which property was acquired by him by means of a will following the death of his aunt Mabel Strickland, on the 29th November, 1988.

… omissis …

4. That this premises has been leased to the commercial partnership Ciantar Brothers Limited for more than forty years and the sum of €186.35 yearly is paid.

5. That this premises is being used very little and is opened once every now and then by a director of the commercial partnership.

7. That notwithstanding these facts the applicant is being obstructed in the possession of his property.

8. That it was only in the year 2009 that the government acknowledged the serious prejudice that the owners of the property leased were passing through and there came into force the Act X of 2009.

… omissis …

9. That notwithstanding that till this day no Index of the Commercial Value was published and thus in default of agreement otherwise the rent was increased according to law at 5% yearly and presently the lease today amounts to  €186.85 yearly, there is still a big disproportion so much so that by means of the mechanism provided by law the interpellant shall never be given an equitable lease for the time that the premises shall remain in the hands of the lessee.

10. That consequently this lease is derisory when compared with all the rent that the whole premises acquires on the market.

11. That thus all this including the renewal inter alia under the First Article of Protocol No. 1 of the European Convention regarding Human Rights which was ratified in Cap. 319 of the Laws of Malta.

… omissis …

13. That thus the applicant is still suffering serious prejudice and a just and proportionate balance between the alleged public purpose and the fundamental rights of the owners for the enjoyment of their property was not kept.

… omissis …

18. That as regards the control in the amount of rent the provisions under Article 1531 D of Cap. 16 in no way lessens the disproportionate burden that the applicant is suffering and passing through.

… omissis …

24. That thus the applicant has a right to reasonable compensation and has the right to enjoy the disposition of the law and have the peaceful possession of his property.

25. That once no ordinary effective remedy exists for the situation de quo the applicant is instituting the present procedures of a constitutional nature and fundamental rights in order to demand all the reasonable and opportune remedies in the present cirmcumstances.

Thus the applicant or either of whom saving any necessary and opportune declaration why this Honourable Court should not:

1. Declare that the provisions of Cap. 69 inter alia the Articles 3, 9 and 12 and of Chapter 16 and inter alia Articles 1531 1 and 1531 D of Cap. 16 or either of them are violating the fundamental rights of the applicant for the enjoyment of his property Block 26, Flat 3, Triq il-Merkanti, Valletta, as sanctioned by the First Article of the European Convention which forms an integral part of the domestic laws in Cap. 319 and uphold the other demands in the application.

With costs and legal interests till the effective payment.

The Application in the names Hornyold Stricland Robert vs Ciantar Brothers Limited et, Application Number 27/2020 MCH, was put off for hearing to the 29th September, 2020, at 8.45 a.m.

Notify: Ciantar Brothers Ltd, Blk 26, Fl. 3, Triq il-Merkanti, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals