Court Notices published in Government Gazette no 21,288 of 23rd July 2024

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 7th May, 2024, in the records of the Application number 949/2019 in the names Unique Turnkey Limited (C37841) vs Express Logigroup Limited (C58205), the following publication was ordered for the purpose of effecting service on Express Logigroup Limited in terms of section 187 (3) et sequitur of Cap. 12.

By means of Appeal Application number 949/2019 filed on the 3rd May, 2021, in the names premised, the appellant interpellant company felt aggrieved by the decision of the Honourable First Court of the 13th April, 2021, because inter alia, that court had to declare the respondent company’s application of the 6th November, 2021, null and void, for the same reason the sworn reply together with the application of the respondent company had to be expunged from the records, and there was no good reason for the contumacy to be rectified.

Therefore, the applicant company respectfully requests that this Honourable Court of Appeal cancels and revokes the First Court’s decision dated 13th April, 2021 in so far as it decided that the contumacy of the respondent company was justified and accepted the reply of the same respondent company and this with all the costs of both instances against the respondent company.

Application Number 949/2019 in the names Unique Turnkey Limited (C37841) vs Express Logigroup Limited (C58205) has been deferred for hearing to the 15th October, 2024, at 8.30 a.m.

Notification: Express Logigroup Limited, Level 4, Airwats House, High Street, Tas-Sliema

DR FRANCO BONDIN, LLD, M. JUR.

For the Registrar, Civil Courts and Tribunals

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 22nd of April, 2024, in judicial sale number 4/2024BS and in the names of ‘John Galea et vs Dr Deborah Camilleri noe’ and by a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 24th of Janruary, 2024, in the records of writ of summons number 84/2020SG, in the names of ‘John Galea et vs Dr Deborah Camilleri noe’, the day of Thursday 1st of August, 2024, at 10.00 a.m., has been fixed for the sale by licitation, to be held at the Gozo Court’s edifice in Misraħ il-Katidral, Victoria, Gozo, of the following property:

1. Property number (33), Triq il-Madonna taċ-Ċicri, Iż-Żebbuġ, Gozo, valued at €141,900;

2. Portion of land known as Ta’ Cakra, limits of Żebbuġ, Gozo, measuring approximately eight hundred and eight points four square meters (808 m.k.), valued at eight thousand and five hundred euro €8,500. 

This property belong to the parties in the said writ of summons and will be sold as described in the report by Claude R. Mallia sworn on the 2nd of March, 2022, in the same records of said writ of summons. 

MARTINA AXIAK

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Ahmed Elyotsef (Maltese passport number MT123987) filed an application under oath (number 721/2024 JVC) demanding the correction of the Act of Birth certificate number 5985/2022 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,

CORA CATANIA

For Registrar, Civil Courts and Tribunals

By means of a decree of the 19th May, 2024, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 982/2024 in the names Finance House plc vs Jean Bosco Ahorukomeye the following publication was ordered for the purpose of effecting service on the respondent Jean Bosco Ahorukomeye in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Jean Bosco Ahorukomeye (ID 184037A) of 31, Seafront, PH4, Dawret 179/181, Sweet Heaven, Flat 1, Triq il-Liedna, Fgura

By the present Finance House plc (C58869) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, solicits you so that immediately you pay the amount of €4,473.50 besides the legal interest from the due day of each bill of exchange till the effective payment representing 10 bills of exchange each of the value of €447.35, which bill of exchange matured on the 5th day of each month from April 2023 till February 2024 respectively (copies here attached and marked as Doc. A1-A10).

This judicial letter is being made in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not show to this Court grievous and valid reasons to oppose the execution of this bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

For you to be guided accordingly and to know how to proceed and with costs against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th May, 2024, of the Civil Court First Hall in the records of judicial letter number 1177/2024, in the names George Borg et vs Bartholomeo Bonett et, the following publication for the purpose of service on the respondents Bartholomeo Bonett and Nadia Bonett was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Bartholomeo Bonett (ID 44966M) of Il-Girna, Triq Dun Karm, Birkirkara

Nadia Bonett (ID 401372M) of Il-Girna, Triq Dun Karm, Birkirkara

By the present George Borg (ID 349953M), Josephine Ann sive Josianne Borg (ID 357956M), Nicholas Bonnici (ID 541864M), Jean Paul Bonnici (ID 195901L) and Simon Muscat (ID 570662M), make reference to the hypothec registered by you against them in the Public Registry of Malta with registration number H/007521/2020 on a block of apartments and garage with number 5 and 6 with the name Seagull Court, in Triq San Ġwann Battista, St Paul’s Bay, and this with respect to the alleged debt claimed by you of €300,000, a copy of which hypothec is hereby attached and marked as Doc. A.

That this hypothec has been so registered for nearly four years and this when you are aware that the cause of the same is unfounded in fact and at law and this apart from the facts resulting from the various proceedings pending between the parties and the sworn declarations made;

That furthermore the legal basis which you cite in the said hypothec as a basis for your right to proceed to such registration (that is Article from Cap. 16 of the Laws of Malta) is completely incorrect in view of the various legal principles which regulate the same, including the fact that any peremptory period which may have been applicable, has long expired;

That the registration of such hypothec apart from being abusive and illegal is causing serious damage to the interpellants and for which you are solely responsible.

Thus, by means of the present you are solicited so that within two days from the date of this letter you cancel the said hypothec and in default further procedures will be taken against you including for damages and this without another prior notice.

With costs and reserving the right for any further action due to the interpellants against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th August, 2023, in the records of the judicial letter number 2266/2022, in the names HSBC Bank Malta plc vs Michael Callus, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Michael Callus in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

To Michael Callus (ID 228692M) of Lowndes Park, Block A, Flat 7, Triq Alfred Gauci, St Julian’s STJ 1102

By means of this present, HSBC Bank Malta p.l.c. (C3177) of 32, Triq il-Merkanti, Valletta

Brings to your formal notice the fact that on the 31st August, 2022, you were in delay of payment of the loan given to you in the acts of Notary Dr Melvin Polidano, dated 26th February, 2020, in the amount of €4,747.77 and thus the interpellant company solicits you so that within two days you pay the said amount. The interpellant company informs you also that this sum of arrears increases by €907.88 per month after that date.

Informs you that if you fail to pay all the arrears due within fifteen days from the date of notification of this letter, the entire balance of the loan becomes due all at once besides the legal interest at the rate of 8% per annum until the date of effective payment.

To avoid useless Court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further procedures will be taken against at Court without further notice.

So much so that you may know how to regulate yourselves

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 7th December 2023, in the records of the judicial letter number 3853/2023, in the names Justine Pergola vs Carmela Briffa, the Rent Regulation Board ordered the following publication in terms of Article 187(3) of Chapter 12 for the purpose of effecting service on the respondent Carmela Briffa.

In the Rent Regulation Board

To Carmela Briffa (ID 0037244M) of  173, Flat 2, Triq ir-Repubblika, Valletta

Housing Authority

By means of this present Justine Pergola (ID 0055713A) of 123, Triq Melita, Valletta refers you to the judgement given on the 13th February, 2023, in the names premised (with number 269/2022) this Honourable Board ordered that the rent payable by the respondent Carmela Briffa, lessee of the property of the interpellant abovementioned in the amount of €3,800 per year and this with effect from the date of the said judgement within the installments on the first day of January, April, July and October of each year (a copy of the decision is here attached and marked as Document A).

That although the interpellant had spoken to you verbally and informed you that, by virtue of the said decision, the rent due by you was increased in the manner described in this letter but you remained in default;

That thus you are in delay in the payment of rent and in this regard, the interpellant is bringing to your formal notice that you are debtors in the sum of €2639.35 representing arrears of rent since the 23rd September of the year 2021.

Thus, in view of the above the interpellant is soliciting you so that within fifteen days from today you come forward for the payment of the debt due by you. If you fail to do so, the interpellant will have no choice but to proceed further against you, including the issue of the opportune warrants, without any further notice.

With costs and accrued interest according to law

So much so that you may know how to proceed and regulate yourself

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th June, 2024, of the Civil Court First Hall in the records of judicial letter number 406/2024, in the names Commissioner for Tax and Customs vs Pio Saliba pro et noe, the following publication for the purpose of service on the respondent Pio Saliba pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Pio Saliba (ID 316962M) in your own name and as director for and on behalf of the company Empire Tours & Travel Ltd (C62451) today struck of the Registry of Companies of 46, Flat 1, St George’s Flats, Triq San Ġorġ, St Paul’s Bay

By the present the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €41,132.75 representing the amount due by you pro et noe as Value Added Tax according to this Act.

With costs and interest according to the said Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you by means of a notice sent to you. 

In default, the interpellants inform you that they shall pass to execute the said executive title they have against you by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th April, 2024, of the Civil Court, First Hall, in the records of judicial letter number 785/2024, in the names Commissioner for Tax and Customs vs Jacques-Paul Mifsud pro et noe, the following publication for the purpose of service on the respondent Jacaques Paul Mifsud pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Jacques-Paul Mifsud (ID 0108999M) in your own name and as director for and on behalf of the company La Collina Limited (C93082) of 74, Triq Sant’Ursola, Valletta

By the present the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €27,348.30 representing the amount due by you pro et noe as Value Added Tax according to this Act.

With costs and interest according to the said Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you by means of a notice sent to you. 

In default, the interpellants inform you that they shall pass to execute the said executive title they have against you by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 5th June, 2024, following a request by EC English Holdings Limited it was ordered that deputy curators be chosen to represent ES Training DMCC in the acts of the judicial protest number 217/2024 in the names EC English Holdings Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial protest filed in the First Hall of the Civil Courts on the 29th May, 2024, in the names EC English Holdings Limited (C45133) with registered address of Language House, M. Mangion Street, St Julian’s STJ 3180, Malta vs Deputy Curators to represent ES training DMCC a foreign company incorporated in the United Arab Emirates (holder of Business license number DMCC-145487 and commercial Bank of Dubai licensed system number (CBLS 11469293 and with an address of 1507 BB1 Maaya Business Avenue, Jumeirah Lakes Tower, Dubai in the United Arab Emirates) whereby my means of this present EC English Holdings Limited (C45133) with registered address of Language House, M. Mangion Street, St Julian’s STJ 3180, Malta respectfully submits:

1. That the protesting company has, since some time during the course of the year 1991, been operating in the business of English language tuition, originally under the name of European Centre of English Language Studies, since some time during the course of the year 1997 under the ‘EC’ mark and, as from some time during the year 2005 under its following flagship brand:

2. That the abovementioned flagship brand of the protesting company, has been used by it (or with its consent) on its own as well as with various spin-off trademarks which incorporate the ‘ec’ element in a figurative/stylised version and also in a plain typeface version, in connection with various educational establishments (English language teaching centres) across various jurisdictions in the world, including in the European Union (by means of the establishment operated by it in Malta and Ireland);

3. That in connection with the same establishments operated by the protesting company in the European Union, by means of use of the  flagship brand herein before mentioned:

a) there is the use of (amongst others) instructional and educational materials (except apparatus), printed matter, bookbinding material, stationery, adhesives for stationery, office requisites (except furniture) as well as particular plastic materials for packaging, and

b) there is the provision of services for the provision of food and drink as well as accommodation;

4. that with courage and invention and as a result of sacrifice and advertising efforts from its part, the protesting company acquired enormous goodwill and reputation in connection with the trade herein before indicated and with its  trademark;

5. That with regard to its trade in the European Union, the protesting company is the owner of the following trademarks of the EU (EU trade marks) 

(a) number 013371935, registered with effect from 17th Ocotber, 2014, in respect of the following services (see Document ‘A’ annexed hereto):

Education (including, in particular, English language education services); providing of training; entertainment; sporting and cultural activities, 

in Class 41 of the International Classification of Goods and Services according to the Nice Agreement of the International Classification of Goods and Services for the Purposes of Registration of Marks, 

and

(b) number 013374707, registered with effect from 17th October 2014 in respect of the following goods and services (see Document ‘B’ annexed hereto):

instructional and teaching material (except apparatus) in connection with any one or more educational establishments; printed matter in connection with any one or more educational establishments, including textbooks, copybooks, scrapbooks, pamphlets, booklets and manuals; bookbinding material in connection with any one or more educational establishments, including folders; stationery in connection with any one or more educational establishments; adhesives for stationery in connection with any one or more educational establishments; office requisites (except furniture) in connection with any one or more educational establishments; plastic materials for packaging (not included in other classes) in connection with any one or more educational establishments; printers' type in connection with any one or more educational establishments; printing blocks in connection with any one or more educational establishments, 

and

services for providing food and drink within any one or more educational establishments; temporary accommodation within, or in connection with, any one or more educational establishments.,

respectively in Classes 16 and 43 of the same International Classification herein before indicated; 

6.That the protesting company is aware of the facts of:

a) incorporation of the protested company on 30 December, 2016;

b) registration of the domain name ‘esdubai.com’ on 4 November 2013 used (as from a time during the course of the year 2015) for the Internet website (https://esdubai.com) managed by the protested company and through which over time, inter alia, the following can be accessed (https://www.instagram.com/es_dubai/), (https://www.facebook.com/esdubai), (https://www.youtube.com/channel/UC5QqNqcYkyUQK5ak6KA05hQ), (https://www.linkedin.com/company/esenglish/), and (https://www.tiktok.com/@es_dubai),

c) launch, in the year 2015, of the English language tuition centre operated by it in the United Arab Emirates using in the course of trade the signs , ES, , ES Dubai,  and ES English, as well as other variations thereof,

d) launch, on 5th October, 2015, of the Facebook® page called ‘ES Dubai’ that can be accessed on https://www.facebook.com/esdubai,

e) launch, during the course of the year 2016, of a LinkedIn® page called ‘ES Dubai’ that can be accessed on https://www.linkedin.com/company/es-dubai/,

f) launch during the course of January 2016 of a page on X® called ‘@englishindubai’ that can be accessed on ES English (@englishindubai) / X,

g) launch in around May of 2016, of an Instagram page called ‘es_dubai’ that can be accessed on https://www.linkedin.com/company/es-dubai/,

h) launch on 27 July, 2017, of a YouTube® page called ‘ES English – ES Dubai – ES London’ that can be accessed on ES Dubai English School – Check out our amazing campus in JLT! (youtube.com),

i) launch, during the course of the year 2020, of a TikTok® account called ‘es_dubai’ that can be accessed on ES Dubai (@es_dubai) | TikTok,

j) advertising, in the territory of the EU, through use in trade of the signs, ES, #es, ES Dubai, #esdubai, ES English, www.esenglish.com, #esenglish, and ES London, and other variations thereof:

– of the English language tuition centre operated by it in the United Arab Emirates as well as of English language tuition centres referred to by the same protested company as ‘WORLD’ hence across the world, including in the United Kingdom, and

– of related services of provision of accommodation and food and beverages,

through the use, inter alia, of printed materials –  

see, in this regard and for instance Document ‘C’ annexed hereto;

7. That any commercial use in the territory of the EU from the part of the protested company, of the signs, ES, #ES, #es, , ES Dubai, #ESDubai, #esdubai, ES English, www.esenglish.com, #ESEnglish,    and ES London , and other variations thereof, in relation to the English language learning center operated by it in the United Arab Emirates as well as English language learning center services so called by the same protested company as ‘WORLD’ and cioè around the world, including in the United Kingdom, in connection with services and goods identical and/or similar to those relative to which the earlier EU trademarks of the protesting company are registered with numbers 013371935  and 013371935  and 013374707, took place/is taking place without the consent of the protesting company, in violation of its rights in connection with these same registered trademarks:

– in terms of Article 9(2)(b) of EU Regulation 2017/1001 on the EU trademark, which provides that (underlining and emphasis added):

“(2) … the proprietor of that EU trademark shall be entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services, any sign where:

(b) the sign is identical with, or similar to, the EU trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the EU trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark.”, 

and

– also in light of Article 9(3)(b), (d) and (e) of the same EU Regulation 2017/1001 on the EU trade mark which provides that:

“(3) The following, in particular, may be prohibited under paragraph 2:

(b) offering the goods, … offering or supplying services thereunder,

(d) using the sign as a trade or company name or part of a trade or company name,

(e) using the sign … in advertising;”,

8. That all this gives rise to judicial remedies the effect of which applies across the territory of the European Union, known in English as ‘PAN-EU relief’;

9. That effectively, with such infringing use, the impression is being conveyed of a commercial link with the protesting company, in circumstances in which there is absolutely no connection of this kind between the same protesting company and the protested company and in circumstances in which the similarity between the previously referred to signs used in trade by the protested company when compared to the earlier antecedent EU trademarks of the protesting company bearing registration numbers 013371935  and 013374707, is blatant.

Therefore, whilst bringing the aforepremised to the formal cognition of the protested company intimated herein, the protesting company calls on you so that, within three (3) days from the date of your notification of this judicial act:

a) in the first place, you cease and desist from any use in trade across the European Union, of any sign (in any form including in a stylised form) consisting in – or comprising – the signs , ES, #ES, #es, , ES Dubai, #ESDubai, #esdubai,, ES English, www.esenglish.com, #ESEnglish,    and ES London on in connection with services and goods identical and/or similar to those for which the protesting company’s earlier EU trademarks are registered under numbers 013371935  and 013374707  respectively;

b) in the second place, you confirm to the protesting company, in writing and with clear and unequivocal evidence, that you have complied with all that was requested from you at par. (a) herein before indicated and that your infringing actions will not be repeated; and

c) in the third place, you come forward in good faith for the liquidation and payment of damages caused to the protesting company.

If you fail to do, the protesting company, while it is hereby placing you in bad faith and at fault for all intents and purposes of law, is warning you as from now that it will take all measures in accordance with the law, in order to further safeguard and enforce its rights across the EU against you (including through the application of any relevant provision contained in Cap. 488 of the Laws of Malta), and this also by issuing the appropriate warrants should this be the case without any further warning according to circumstances.

In reservation of any other action available to the protesting company, and with the costs of this judicial protest, which shall also serve so that with it the protesting company safeguards its position since it intends retaining all its rights in your regard, this also with reference to article two thousand one hundred and twenty-eight (2128) of the Civil Code, Cap. 16 of the Laws of Malta.

 Applicant:  EC English Holdings Limited (C45133) – Language House, M. Mangion Street, St Julian’s STJ 3180, Malta

Notification:  Deputy curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Mark Simiana, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 27th May, 2024, in the records of Sworn Application number 280/2024AF, which was filed on the 14th March, 2024, in the names: Atkins Raymond et vs Mercieca Alexander sive Alex, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the respondent to pay the applicants the sum of thirty three thousand, seven hundred and fifty euro (€33,750.00c). With all costs and interests against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 7th October, 2024, at 9.30 a.m.

Notify Respondent: Mercieca Alexander sive Alex, 4 Anil, Triq il-Ħawt, Swieqi

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, Commercial Section, on the 6th May, 2024, in the records of Sworn Application number26/2024ISB, which was filed on the 8th March, 2024, in the names: Radicati di Brozolo Sabatini Benedettelli Studio Legale Assocciati vs Vertical Group Holding Limited, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: To appoint a liquidator and conduct the dissolution in accordance with the provisions of the Act. With costs.

The Sworn Application in the names mentioned above is postponed to 8th November, 2024, at 9.30 a.m.

Notify Respondent: Vertical Group Holding Limited. The Forum Office, 26, Triq Uqija, Swieqi

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By a decree given on the 7th September, 2023, 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 (5) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 23rd April 2024, on the application of Enemalta plc with the registration number C65836, Wednesday 16th October, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at the Data Centre, one (1) Chamber known as A station located under the Marsa Power Station in Triq Belt il-Ħażna, Marsa, of the items indicated by the Marshal and estimated by Enginéer Brian Zammit in his report in the acts of the seizure warrant number 102/21 of the following described items seized from the property of Streamcast Limited with the registration number C82727.

Aluminium window, doors, various servers cabinets, net cabinet, ePDU rack strips, UPS A and plinth, USB B and plinth, UPS A and UPS B battery cabinet and plinths, 1250A main switchboard and busbar chamber, 250A distribution board and autochangerover, overheadbusbars A and  B, extinguishant cylinders, fire alarm panel, BMS control and panel, air handling units, network switches, solid state drives and other various items.

N.B. The said items will be sold as valued and described in the acts of judicial sale file number 2/23.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 18th July, 2023, following a request by Joseph Borg et it was ordered that deputy curators be chosen to represent the interest of the Antonio Borg and his children in the records of the schedule of deposit number 1470/2023 in the names Joseph Borg et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent number 1470/2023 in the names of Joseph Borg, born Borg, son of John Borg and Giovanna Borg née Caruana, born in Mellieħa on the 27th October, 1945, and residing at 147, Lonicera, Triq l-Għasel, Mellieħa (ID 0905945M) and his wife Josephine Borg, born Azzopardi, daughter of Emanuel Azzopardi and Giovanna Azzopardi née Borg, born in Mellieħa on the 17th August, 1947, and residing at 147, Lonicera, Triq l-Għasel, Mellieħa (ID 0733547M) vs Deputy Curators to represent the unknown heirs of the original owner Antonio Borg, son of the late Saverio and Maria née Mifsud, born and resided in Mosta and of his three children and children of his late wife Teresa née Frendo that is Giuseppe, Maria wife of Carmelo Falzon and Francesca Saveria wife of Giuseppe Mangion brother and sisters Borg born and resided in Mosta, other details are unknown, and deputy curators to represent the unknown heirs of the sub-emphyteuta Giuseppe Zarb, son of Carmelo Zarb and Vittoria née Bartolo, born in Mellieħa and resided in Għajn Tuffieħa, in the limits of Saint Paul’s Bay, other details are unknown, filed in the First Hall of the Civil Court on the 17th July, 2023, the applicants Joseph and Josephine spouses Borg (ID 0905945M and 0733547M respectively) respectfully submitted:

That by means of a contract of the 29th August, 1985, which contract was subsequently corrected by means of a contract of the 21st October, 1985, both in the records of Notary Angelo Vella, Joseph Borg during his marriage with Josephine Borg acquired from the company G&G company Limited the garage with official number 118 and the premises or rather the overlying maisonette with official number 120 including its airspace situated in Triq il-Kostituzzjoni, Mosta subject together to an annual and perpetual groundrent of Lm8 equivalent to €18.63. Copy of these two contracts attached and marked documents letter A and B. site plan attached and marked document SP.

G&G company Limited acquired the said premises from John Borg and his children by means of a contract of the 20th June, 1981, in the records of Notary Angelo Vella whilst John Borg had acquired the said premises from Carmelo Sammut by means of a contract of the 26th August, 1960, in the records of Notary Joseph Spiteri. Copies attached and marked documents letters C and D.

The said Carmelo Sammut had built the said premises on part of two divided portions of the field known as Tal-Ħanqa or Tal-Ħanka or Iċ-ċens in Tal-Ħanqa limits of Mosta which he acquired by title of perpetual sub-emphyteusis from Giuseppe Zarb by means of two contracts in the records of Notary Carmelo Giuseppe Vella.

i) Of the 26th May 1947 by means of which he acquired circa 60 square canes equivalent to circa 263.86m ² subject to the perpetual subgroundrent and overall the amount of Lm9.50 equivalent to €22.13 on the basis of 3 shillings and 2 pence per square cane and with the right to redeem the subground rent at the rate of 3%. Copy annexed document E, and the other

ii) of the 5th June 1948 whereby he acquired the portion of the area of 15 square canes equivalent to circa 65.97 m ² subject to the perpetual sub-groundrent of Lm1.12,5 equivalent to €2.62 on the basis of one and a half shillings per square cane. Copy attached documents letter F.

That Giuseppe Zarb had acquired the land above described by title of perpetual emphyteusis from Antonio Borg and his children Giuseppe Borg, Maria Falzon and Francesca Saveria Mangion by means of a contract in the records of Notary Carmelo Giuseppe Vella of the 2nd September 1946 by means of which they granted Giuseppe Zarb by title of perpetual emphyteusis a divided portion of the field of tal-Ħanqa, or Iċ-ċens in the limits of Mosta of the superficial area of 8 tmiem, 5 sigħan and 4 kejliet equivalent to approximately 10,004.49m² subject to the overall groundrent of Lm100 per year in perpetuity equivalent to €232.94. Copy of this deed attached and marked document letter G;

That the original groundrent on the said premises to the heirs or successors in title of the original owners Antonio Borg and his children Giuseppe Borg, Maria Falzon and Francesca Saveria Mangion is in the amount of €6.01;

That the original sub-groundrent on above mentioned premises due to the heirs of the sub-emphyteuta Giuseppe Zarb is the amount of €12.62;

That the applicants do not know who the heirs or successors in title of both the original owners and the sub-emphyteuta are;

That together with this schedule of deposit the applicants are filing an application for the appointment of deputy curators to represent the interests of the unknown heirs of the original owners as well as of the sub-emphyteuta;

That in the first place, the applicants wish to pay the equivalent of five (5) years groundrent and sub-groundrent namely of:

i. €30.05 to the heirs or successors in title of the original owners Antonio Borg and his three children Giuseppe Borg, Maria Falzon and Francesca Saveria Mangion,

ii. €63.10 to the heirs of the sub-emphyteuta Giuseppe Zarb;

That secondly, the applicants wish to avail themselves of the option given to them in terms of Article 1501 et sequitur of Cap. 16 of the Laws of Malta and redeem the annual and perpetual groundrent and sub-groundrent above described;

That the groundrent of €6.01 capitalised at the rate of 5% amounts to €120.20;

That the sub-groundrent of €12.62 capitalised at the rate of 3% amounts to €420.67.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the global sum of €634.02 which consists in the following sums:

i. €93.15 as arrears of groundrent, and

ii. €540.87 as relative capital value.

This global sum is to be freely withdrawn after leaving the due receipt according to law as for:

i. €150.25 by the unknown heirs or successors title of the original owners Antonio Borg and his children Giuseppe Borg, Maria Falzon and Francesca Saveria Mangion, and

ii. €483.77 by the unknown heirs or successors in title of the sub-emphyteuta Giuseppe Zarb.

Applicant: Joseph and his wife Josephine Borg 147, Lonicerea, Triq l-Għasel, Mellieħa

Notification: Director Public Registry, Valletta

Deputy curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Anthony Ellul, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta    

To the Marshall of the Court.

By means of a decree given by this Court, on the 27th March, 2024,  following a request of the Directorate for Alternative Care (Children and Youths)  it was ordered that deputy curators be chosen to represent the absentee,  in the records of the  Sworn Application 145/2024JPG, in the names Directorate for Alternative Care (Children and Youths)  vs  deputy curators and in the other relative and subsequent acts.

By means of a Sworn Application in the names Director of  Alternative Care (Children and Youths) within the Foundation for Social Welfare Services was entrusted with the care and custody of the minor … omissis …by means of a care order given on the 16th November, 2018, vs Wayne Demicoli and deputy curators to represent the interest of the minor … omissis …  in the records of the Sworn Application bearing reference 145/2024JPG, filed in the Civil Court (Family Section), on the 20th March, 2024, the applicant director of Alternative Care (Children and Minors) requested this Honourable Court and Remenda Grech confirmed on oath so that in terms of the Article 77C of Chapter 16 of the Laws of Malta this Honourable Court authorises him to proceed with the case for a declaration that he is a parent.

And this saving any other provision that the same Honourable Court deems fit to impose.

Applicant: Directorate for Alternative Care (Children and Youths), 36, Triq l-Isptar San Luqa, Tal-Pietà

Notification:  Deputy curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court (Family Section), above mentioned, with the witness of the Hon. Mr Justice Henri Mizzi, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By means of a decree of the 17th April, 2024, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 1892/2018, in the names Commissioner of Revenue vs Amir Saleeb, ordered the following publication for the purpose of service in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Amir Saleeb (ID 162897M) of St Rita Flts, Flt 2, Triq il-Kartaġinizi, Birżebbuġa BBG 03, on the 26th June, 2018, the Commissioner of Revenue of Adminsitration of Tax and Customs of Malta, Floriana, calls upon you so that within two days you pay the sum of €6,314 as for the amount of €3,143 representing the tax from the income or provisional tax for the years of assessment 1999, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016 and as for the amount of €3,171 as additional tax and interest according to the notice/demand for payment here attached animo ritirandi and marked as Doc. A.

Because you failed to pay the amount due to the interpellant although a demand for payment was made (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 40 of the Income Tax Management Act.

Pay the costs of this act

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 15th January, 2024, in the records of the judicial letter number 1882/2023, in the names Permanent Secretary in the Ministry for Health vs Noemi Perez Corral, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Chapter 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Noemi Perez Corral (ID 129453A) of  48, Flat 3, Triq Sant’Agata, Tas-Sliema,  on the 14th June, 2023, Permanent Secretary of the Ministry for Health of  11, Castellania, Triq il-Merkanti, Valletta,  solicits you so that within one week from this letter you pay the amount of  €1,566.15 representing overpayment done from Mater Dei Hospital.  Any payment has to be addressed to the Cashier Malta Government, Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.

In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.

This letter is sent to you in terms of articles relative to the Civil Code (Chapter 16) of the Laws of Malta.

So much for your own guidance.  

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st November, 2023, given by the Civil Court, First Hall, in the records of judicial letter number 5133/2022, in the names Registrar of Civil Courts and Tribunals vs K&L Attard Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur Cap. 12.

In the First Hall of the Civil Court

To K & L Attard Limited of 230A, Triq San Pawl, Valletta

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €42,629.91 due by you as Registry fees in connection with the law suit in the names:

K&L Attard Company Limited vs Controller of Customs (MCH, GCD, AE) decided on the 4th May, 2022

You can also pay online by accessing the website (ecourts.gov.mt) and choose the link ‘Ħallas id-Dritt tar-Reġistru tal-Qorti’ (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Small Claims Tribunal on the 9th May, 2024, on the application of Go plc it was ordered that Deputy Curators be chosen to represent the respondent Thierry Planchon and this in terms of Article 931(3) of Cap. 12 of the Laws of Malta in the notice number 287/2023MD and in all other relative and subsequent acts were the applicant company demanded:

That this Tribunial condemns the respondent Thierry Planchon (French identity card number 1704bcn00083) to pay the applicant company Go plc the amount of €2238.51 in connection with services in account number 41155505.

Solicited to pay, the respondent company remained in default and thus this law suit had to be made against the respondent company who is from now summoned so that a reference to their oath be made.

With costs and fees, including those in connection with the judicial letter number 977/23 and legal interest.

The case (Claim number 287/2023MD) is postponed to the 3rd October, 2024, at 12.30 p.m.

Notification: 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 six 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 everyone that if there is no such declaration within the stipulated time, this Tribunal 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 Tribunal.

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Marouska Debono, LLD, Doctor of Laws, Adjudicator of the abovementioned Tribunal.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th June, 2024, by the Court of Magistrates (Malta), in the records of the Warrant of Seizure number 666/2024 in the names Brenda Gravina vs Donna Lauren Andrews the following publication was ordered for the purpose of service of the respondent Donna Lauren Andrews in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the Court of Magistrates (Malta), in the names (creditor) Brenda Gravina (ID 83785M) vs (debtor) Donna Lauren Andrews (ID 203386M) filed on the 22nd March, 2024, the applicant Brenda Gravina (ID 83785M) asked this Honourable Court:

1. Order that this warrant be executed with the elevation; and

2. Appoint as cosignatory in the records of this warrant Joanne Farrugia of Tal-Tarġa Boarding Kennels, Triq Wied Filep, Naxxar, and this under those provisions it deems fit and opportune.

Court of Magistrates (Malta)

Magistrate Dr Victor G. Axiak, BA, LLD, Dip. Tax

The Court,

Saw the application;

In the particular circumstances of the case orders that the respondent be notified who shall have one week to file a reply.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

ARB/C059/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 25th March, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Anne Farrugia, LLD). Compilation Number 224/2024, in the case:

The Republic of Malta

Versus

MICHAEL MIFSUD, pensioner, 71 years, son of the late Angelo Mifsud and the late Tereza Mifsud née Camilleri, born in Naxxar, Malta on the 27th January, 1953, and residing at 608, Triq il-Mosta, St Paul’s Bay, and holder of a Maltese identity card bearing number 131953M. 

The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused MICHAEL MIFSUD from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by him or being in his possession up to the limit of three hundred thousand euro (€300,000), and this in terms of Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, Article 36 (1) and Article 36 (4)(a) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 23A, Article 36 (1) and Article 36 (4)(a) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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. 

MR ANTON SEVASTA

Director, Asset Recovery Bureau

ARB/C039/2024 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th July, 2024, given by the Criminal Court (Hon. Madam Justice Dr Natasha Galea Sciberras, LLD). In the case:

The Republic of Malta

Versus

JOSEPH MUSCAT;

KONRAD MIZZI; 

KEITH SCHEMBRI;

CLARENCE JOHN CONGER-THOMPSON;

CHRISTOPHER SPITERI;

JONATHAN VELLA;

DAVID-JOSEPH MELI;

IVAN VASSALLO;

MARIO VICTOR GATT;

BRIAN BONDIN;

ADRIAN HILLMAN;

PIERRE SLADDEN;

BRIAN TONNA;

KARL CINI;

SCIACCA GRILL LIMITED; 

KASCO ENGINEERING COMPANY LIMITED, incorporated with the name Kasco Technical Services Limited on the 6th July, 2004 with Maltese registration number C34257 and registered address at 2, St John Elemosiner Street, Bormla, Malta. 

FSV LIMITED; 

MTRACE PLC;

GATEWAY SOLUTIONS LIMITED;

TECHNOLINE LIMITED; 

EURYBATES LIMITED;

TAOMAC LIMITED; 

AND

NEXIA BT LIMITED; 

The Court APPOINTS Dr Hector Spiteri as the administrator for the society KASCO ENGINEERING COMPANY LIMITED and with immediate effect take over the management and ordinary administration of the mentioned company and all its business while taking the necessary measures for the better preservation of assets.

This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD) on the 28th May, 2024, which was published in the Government Gazette on the 4th June, 2024, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Joseph Muscat, Konrad Mizzi, Keith Schembri, Clarence John Conger-Thompson, Christopher Spiteri, Jonathan Vella, David-Joseph Meli, Ivan Vassallo, Mario Victor Gatt, Brian Bondin, Adrian Hillman, Pierre Sladden, Brian Tonna, Karl Cini, Sciacca Grill Limited, KASCO ENGINEERING COMPANY LIMITED, FSV Limited, MTrace plc, Gateway Solutions Limited, Technoline Limited, Eurybates Limited, Taomac Limited, and Nexia BT Limited.

MR ANTON SEVASTA

Director, Asset Recovery Bureau