Court Notices published in Govt, Gazette no 20,970 of 6th December 2022

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 3rd November, 2022, in the records of the judicial letter number 2378/2021, in the names Joseph Cuschieri et vs Jeffrey Attard et, ordered the following publication for the purpose of effecting service on the respondents Jeffrey Attard and Lara Investments Limited, in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Jeffrey Attard (ID 428673M) of Lara Buildings, Triq Giuseppi Cali, Iklin

Lara Investments Limited (C24441) of Lara Buildings, Triq Ġużeppi Calì, Iklin

By means of this present Joseph Cuschieri (ID 258754M) and Carmen Cuschieri (ID 60756M) of 85, Joe Carm, Triq il-Lampuki, St Paul's Bay, whilst making reference to the constitution of debt contract of the 29th August, 2017, in the records of Notary Doctor Maria Spiteri (Doc. A) where you constituted yourself in solidum between you as certain, liquid and true debtors in favour of the interpellants in the amount of €40,000, besides the interest with the rate of 5% with effect from the same date of the 29th August, 2017, and with interest of 8% with effect from the 28th February, 2018, all together €11,400 till the 28th May, 2021, solicits you so that within two days you pay the amount of €51,400 due as above mentioned, according to the same contract and with further interest from the 29th May, 2021, till the date of effective payment, which amount is certain, liquid and due, all in terms of Article 253 of Cap. 12 of the Laws of Malta.

This judicial letter is made inter alia, so that the debt above mentioned according to the contract in the records of Notary Doctor Maria Spiteri will be rendered executable against you according to article 253(b) and 256(2) of Cap. 12.

In default of the immediate payment of the total amount, the interpellant will execute against you their executive title according to law. Reserving any other action against you according to law.

So much so that you may know how to proceed

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree given on the 30th November, 2022, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall, on the 27th October, 2022, on the application of Il-Mibrum Auto Dealer, Wednesday, 14th December, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in number one hundred and sixty four (164), 'St Joseph' in Triq Wied il-Għajn, Ħaż-Żabbar, of the following vehicle seized from the property of Carmelo Leonardi (ID 247229A).

Vehicle of the make Isuzu Tip, blue in colour, with the registration number ICF 835.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 8/22.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

It is hereby notified that in Virtùe of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 1st December, 2022, and upon an application numbered 1058/2022, ordered:

The Director of the Public Registry to make the necessary corrections or annotations in the Act of Birth of Joseph (Mahmood) Karimi bearing the number 2053 of the year 1992, so that wherever the surname 'Kareem' appears, this is canceled and substituted by correct surname 'Karimi'.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 12th October 2022 of the Civil Court (Family Section), in the records of the Application in the names Francis sive Frank Agius vs Myleen Agius et, Application Number 135/2022AL, the following publication was ordered for the purpose of effecting service on the respondents Myleen Agius and Doris (Maria Dolores) sive Doreen Camilleri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of a sworn application in the names Francis sive Frank Agius (ID 317168M) vs Myleen Agius (ID 411701L), Doris (Maria Dolores) sive Doreen Camilleri (ID 476673M) and Director Public Registry, filed in the Civil Court (Family Section), on the 23rd June, 2022, the applicant Francis sive Frank Agius requested this Honourable Court to:

1. Declare and decide that the respondent Myleen Agius who was born to the respondent Camilleri on the 19th October 2021 is not the natural and biological child of the plaintiff, and this by means of the nomination of Technical Architects and as well by means of those tests and genetic and scientific verifications contemplated by Article 70 of Chapter 16 of the Laws of Malta that can be ordered by this same Court and conducted by Technical Architects nominated;

2. Order the respondent Director of the Public Registry to effect all necessary and opportune corrections in the birth certificate of the said Myleen Agius which bears the progressive registration number 4117/2001 so that the name of the plaintiff no longer appears on the same birth Certificate.

With costs, against the defendants who are from now summoned so that a reference to their oath be made.

Applicant: 38, Madonna ta' Lourdes, Triq Dun Vincenz Saliba, Swatar, Birkirkara BKR 4373.

notification: 1. Myleen Agius – 3, St Vincent, Flat 4, Triq Dun Nerik Cordina Perez, Hamrun.

2. Maria Dolores Camilleri – Block B, Flat 5, Triq is-Sebh, Marsa.

The Application in the names Francis sive Frank Agius vs Myleen Agius et, Application Number 135/2022AL has been postponed for hearing to the 7th December 2022 at 9.15a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means a decree delivered by the Court of Appeal (Superior Jurisdiction) on 19 May 2021, in the records of Application No. 181/10 in the names Reuben Fenech [ID465473M] and his wife Katya Fenech Pace [ID47477M] both in their personal name and on behalf of and in the interests of their minor son Alec Fenech [ID362905L] vs. Francis Montebello [ID205139M], Nichola Borisof Kirof [Bulgarian Passport 335377920], and by decree of 15th February, 2013 was corrected to Nikola Borisof Kirof, Alliance Cruises Limited (C 26702), Dr James Pace as Deputy Curator of the ship Ianea ʼSan Carlos II ʼ, registration 8128 and, Dr Patrick Valentino and PL Mario Mifsud Bonnici as deputy curators of the society Northernreef Insurance Co. SA. ordered the following publication in regard to Nikola Borisov Kirof, Alliance Cruises Ltd. and Dr James Pace pursuant to section 187(3) et sequitur of Cap 12 of the laws of Malta.

By means of a reply to the appeals and cross appeals of Dr. Patrick Valentino and PL Mario Mifsud Bonnici as deputy curators representing the company Northernreef Insurance Co. SA. they submitted inter alia that the judgment, delivered by the first Honourable Court, mainly where it upheld their plea that the action against them was prescribed in terms of article 2153 of Chapter 16 of the laws of Malta is just and merits confirmation.

omissis

Therefore the exponents state that it is their humble view that the first Honourable Court was correct when it decided that the action against the exponent company was prescribed and this should be confirmed.

Notification: (i) Nikola Borisov Kirof, SanMar Place, Flat 46, Triq ir-Rebħa, Gżira

(ii) Alliance Cruises Ltd., 13 Abate Rigord Str. Taʼ Xbiex

(iii) Dr James Pace, Shangri-La Sir Temi Zammit Avenue Taʼ Xbiex

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Court of Appeal (Superior Jurisdiction) on 7th September, 2020, in the records of Appeal No. 723/09 in the names Christine Hannah Burns (English Passport No. 209251744) as special mandatory of John Burns, absent from Malta vs. Paul Ebejer in his own name and as a director and on behalf of Water Sports Operations limited (C 33602) formerly Sun ʼNʼ Fun Water Sports Limited (C 33602) and Luke Curmi and, by decree of 19th January, 2011, the company Montaldo Insurance Agency Limited was joined in suit and by decree of 3rd July, 2020 the name of the company joined in suit now appears as Montaldo Insurance Agency Limited on behalf and in representation of the foreign company AIG Europe S.A. ordered the following publication in regard to Luke Curmi pursuant to section 187(3) et sequitur of Chapter 12 of the Laws of Malta.

Whereas by means of an Appeal Application by Montaldo Insurance Agency Limited on behalf and in representation of the foreign company AIG Europe S.A. formerly AIG Europe Limited formerly Chartis Europe Limited formerly American Home Assurance Company (C1052) the exponent appellant felt aggrieved by the judgment of 11th June, 2020 in the cause in the names mentioned above, as well as by its decree of 11th January, 2011, by means of which decree the exponent was joined in suit, and against which it is interposing its humble appeal.

Whereas the grounds of appeal consist of the following: (1) The exponent has no legal or legal relationship with the plaintiff. (2) The nullity of the judgment against the exponent because the decision does not agree with both the premises and the plaintiffʼs claims. (3) Regarding lack of responsibility for the incident this should be declared as casus. (4) The same insurance policy, which policy has “limits of indemnity" and therefore it can never be condemned to pay an amount greater than what is provided for in the same insurance contract.

Therefore the exponent while making full reference to the submissions and witnesses and evidence presented before the First Honourable Court, and reserves the right to make those submissions and produce all the witnesses allowed to her according to the law, she humbly asks this Honourable Court, prior to any a necessary and opportune declaration to revoke contrario imperio the decree granted by the First Honourable First Hall of the Civil Court on January 19th, 2011, where it granted the request for joinder in suit of the exponents and furthermore reform the appealed sentence delivered by the Honourable First Hall of the Civil Court in the case in the aforementioned names of 11th June, 2020 and this by upholding all the exponentsʼ exceptions and consequently non suiting the exponents with the costs of both instances against the plaintiff; and if this Honourable Court dismisses the previous requests and find the exponent responsible for the accident and condemns it to pay damages to the plaintiff, the amount of damages shall be limited to the sum of not more than Eur 166,550 according to the limits of the relative policy.

Notification: (i) Luke Curmi, Tar-Razzett Complex, Citrus Court, 47, Mill Street, Attard; and 32 Triq il-Pont Mosta.

Dr Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals​