Court Notices published in Govt. Gazette No. 19,957 of 6th March 2018

COURT NOTICE

423

DKR 30/2018 – New Freezing Order

It is being notified that by a decree dated 26th February, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD), Compilation number 137/2018 in the case: 

The Police 
(Inspector Frank Anthony Tabone)

versus

Antoine Agius, 35 years, self-employed, son of David and Theresa née Muscat, born in Tal-Pietà, Malta, on the 16th February, 1983, residing at number 64, Flat 12, Triq ix-Xitwa, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 0124383M. 

Ordered the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Antoine Agius and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta. 

The Court Authorised the said accused to continue to receive as salary or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24c) per year.

Any person who acts in contravention of the court order mentioned in Section 22A 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 immovable property made in contravention of the said Court order shall be null and without effect at law.

Today, 1st March, 2018

Registry of the Courts of Criminal Judicature (Malta) 

DR JOHN SEYCHELL NAVARRO 
DIP. HLTH SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals



424

DKR 9/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 19th January, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi, LLD) after an application filed by Brian Godfrey Bartolo on the 15th January, 2018, Compilation number 51/2014 in the case:

The Police 
(Inspector Malcolm Bondin)

versus

Brian Godfrey Bartolo, 45 years, son of John and Carmen née Cilia, born in Tal-Pietà, Malta, on the 30th August, 1972, residing at number 97, Alimatta Flat 2, Triq il-Wied, Mosta, Malta, and holder of Maltese identity card bearing number 372972M.

The Court Acceded to the request of the accused Brian Godfrey Bartolo in the sense that the sum of eight hundred euro (€800) deposited in the Registry of the Criminal Court will no longer be affected by the freezing order so that it will be passed to the Registrar of Courts to pay part of the fine/expenses imposed on him in judgment dated 11th November, 2014. 

The publication of this order is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication made on the 14th March, 2017, after a decree given on the 7th February, 2017, following another publication made on the 19th August, 2014, after a decree given on the 16th July, 2014, following another publication made on the 15th July, 2014, after a decree given on the 25th June, 2014, and following a freezing order which publication was made on the 21st January, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry after a decree given on the 13th January, 2014, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Brian Godfrey Bartolo.

Today, 30th January, 2018

Registry of the Courts of Criminal Judicature (Malta) 

DR JOHN SEYCHELL NAVARRO 
DIP. HLTH SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals



425

DKR 63/2016 – Variation of a Freezing Order

It is being notified that by a decree dated 3rd January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) after an application filed by Dylan Azzopardi on the 2nd January, 2018, Compilation number 109/2016, in the case:

The Police
(Inspector Justine Grech)

versus

Dylan Azzopardi, 24 years, salesman, son of Jason and Rita née Xerri, born in Tal-Pietà, Malta, on the 15th April, 1993, residing at Gorgous, Triq Lanza, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 184293M.

The Court Authorized the accused Dylan Azzopardi to withdraw the sum of thirteen thousand nine hundred and seventy-six Euros and twenty-four cents (€13,976.24) from his bank account number MT59VALL22013000000040018118258 with Bank of Valletta, which sum is entitled to him for living by law every year.

This variation is made following a freezing order dated 29th February, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Audrey Demicoli) and published in the Government Gazette of the 4th March, 2016 and this in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Dylan Azzopardi.

Today, 1st March, 2018

Registry of the Courts of Criminal Judicature (Malta) 

DR JOHN SEYCHELL NAVARRO 
DIP. HLTH SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals



426

By means of a decree given by the Civil Court (Family Section) on the 31st January, 2018, in the rercods of the Sworn Application in the names Delia Romina vs Delia Felice, Application number 270/16 AL, the following publication was ordered for the purpose of service of the defendant Felice Delia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Romina Delia vs Felice Delia, on the 18th November, 2016, the applicant Romina Delia (ID 218075M) asked this Honourable Court,

1. To pronounce the divorce between the parties and this due to reasons imputable to the applicant and uphold the other demands in the application.

With costs against the defendant summoned so that a reference to his evidence be made

Defendant:
1) 36, Triq id-Dejqa, Ħaż-Żabbar
2) 21, June 1965, Lantas, Triq il-Midri, Marsaskala

The Sworn Application in the names Delia Romina vs Delia Felice has been deferred for hearing to the 25th April, 2018, at 9.15 a.m.

Registry of Civil Courts (Family Section), today 1st March, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals







427

By a decree of the 16th February, 2018, given by the Courts of Magistrates, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Surprice Car Rentals Malta Limited (C 72346) known as GRC Car Rentals Limited on the 17th November, 2017, is asking for the withdrawal of the amount of €1,145.76 from Schedule of Deposit number 236/2017 and €252.10 from schedule of deposit 206/2017 by Surprice Car Rentals Malta Limited (C 72346) known as GRC Car Rentals Limited in the names of:

Surprice Car Rentals Malta Limited (C 72346) known as GRC Car Rentals Limited vs Feras Ben Saoud (Libian passport 221575)

The Court ordered the notification of this application with two days for filing a replay.

Registry of the First Hall of Civil Courts (Malta), today the 23rd February, 2018

MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals



428

By a decree given on the 26th February, 2018, 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 Organization and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall, on 7th Febraury, 2018, on the application of  J. Zammit Limited (C 37945), Wednesday, 21st March, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at number fifty five (55), J&J Boatyard, Ta’ Għadmija, Mqabbaa, of the following items seized from the property of Horrill David Francis (ID 140126A).

Vehicle of the make Renault Megane, green in colour with the registration number LCR 079.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 3/18.

Registry of the Superior Courts, this Thursday, 1st March, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



429

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 15th day of December, 2016, in the records of the Application in the names Avukat Dr Tonio Fenech et vs Avukat Dr Patrick Spiteri pro et noe, Application 737/2001 JZM, it was ordered that service upon Sylvana Spiteri and Avukat Dr Patrick Spiteri pro et noe be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Avukat Dr Tonio Fenech et vs Avukat Dr Patrick Spiteri pro et noe on the 19th day of July, 2016, the Hon. Mr Justice Dr Godwin Muscat Azzopardi (ID 192749M) respectfully submitted:

That by this cause, the plaintiff Ronald Luther Phillips, and now his heirs in his stead, claimed as stated in the abovementioned Application of Appeal;

That the applicant and his spouse pleaded as stated in the said Application of Appeal; 

That by the judgement under appeal in the above-cited names entered on the 30th day of June, 2016, the First Hall Civil Court upheld the fifth plea of the applicant and his spouse, and the first plea of the defendant Sylvana Spiteri, but rejected the rest of the pleas of the applicant, and of the other defendant Avukat Dr Patrick Spiteri, while it upheld the first, the third and the fifth claims of the plaintiff vis-à-vis the applicant and the defendant Patrick Spiteri pro, and jointly on behalf of the firm MASA, and ordered them to pay to the plaintiff the sum of €699,629.21, equivalent to £577,543.92 at the rate of exchange between the euro and the British pound at 9 a.m. of the day on which the judgment under appealed was entered (0.8255), with interest at 8% per annum with effect from the 24th day of July, 1998, until the date of payment, and with court costs, and rejected the remaining claims of the plaintiff;

That in its considerations, the Court of First Instance stated that since the applicant Dr Godwin Muscat Azzopardi, and the defendant Spiteri, were equal partners in MASA, then they are equally responsible (1/2 each) for the payment that it deemed as due to the plaintiff;

That the applicant Dr Godwin Muscat Azzopardi felt aggrieved by this judgement entered on the 30th day of June 2016, whereby the Court of First Instance rejected his pleas, and upheld some of the claims of the plaintiff, while it ordered him to pay to the plaintiff, jointly with the defendant Spiteri, the sum of €699,629.21 with interest and court costs, and is thus humbly filing an appeal therefrom before this Honourable Court of Appeal;

That the grievances of the applicant are clear and manifest and consist in the following: (i) the Court of First Instance failed to take into account, as it had to, the plea of the applicant concerning the unlawful acts committed by the plaintiff in the collection, and even movement, of the monies claimed in this lawsuit; (ii) the Court of First Instance erred when it concluded that the plaintiff had a contract with MASA; (iii) the Court of First Instance also erred in its conclusion that the applicant should pay the amount sought by the plaintiff in this lawsuit, with interest and with court costs; 

That the aforementioned Application of Appeal gives a summary of the facts of this present case; 

That the said Application of Appeal elaborates on the involvement of the applicant in the running of MASA and CMGI; 

That in the abovementioned Application of Appeal the appellant Judge Dr Godwin Muscat Azzopardi elaborates on how there was no relationship whatsoever between the plaintiff and the applicant; 

That the applicant became aware of the claims of the plaintiff vis-a-vis the defendant Spiteri and MASA by chance, when the plaintiff's lawyer Dr Tonio Fenech called Patrick Spiteri at the office, who happened to be abroad, and the call was forwarded to the applicant … omissis …;
That the aforementioned Application of Appeal elaborates on each of the three grievances mentioned above and namely (i) the Court of First Instance failed to take into account, as it had to, the plea of the applicant concerning the unlawful acts committed by the plaintiff in the collection, and even movement, of the monies claimed in this lawsuit … omissis … Unfortunately, the Court of First Instance interpreted this plea restrictively … omissis …  ex officio this Court should have refused to sanction this illegality by the exercise of its judicial powers … omissis … The applicant believes that the proof required by the law that effectively these monies were affected by serious illicit acts was met. Unfortunately, the Court of First Instance made a fundamentally wrong appraisal of the resulting facts, and of the correct application of the law to them, in this respect … omissis …; (ii) the Court of First Instance erred when it concluded that the plainitff had a contract with MASA … omissis … The applicant does not understand from what the Court of First Instance concluded that Phillips gave a mandate to MASA, or to the applicant as well, to invest these monies for him in order for the initial capital to increase. From the evidence it resulted that the applicant has never performed this task … omissis … From nowhere does it result that MASA was authorized to act as a broker or financial intermediary for the investing of money … omissis … The Court of First Instance therefore could have never concluded that the applicant, or MASA, still have the monies claimed by the plaintiff under their control, or that they can render any account of them, as alleged and claimed by the plaintiff, and (iii) the Court of First Instance also erred in its conclusion that the applicant should pay the amount sought by the plaintiff in this lawsuit, with interest and with court costs. The Court of First Instance found a serious lack in the applicant for having trusted his colleague in MASA, and failed to monitor and supervise the operation of the defendant Spiteri as the Managing Partner at the legal firm … omissis … If the applicant did not trust the defendant Spiteri, and vice versa, the partnership could not succeed. For a long time, the applicant had no reason to suspect that the respondent was not acting properly … omissis … In these circumstances, the applicant has not failed in his obligation of prudence, diligence or care, in his participation in the company MASA, and consequently is not liable vis-à-vis the plaintiff … omissis …;

… omissis … For legal interest to become due, there must be an obligation for the payment of a determined sum, and there must also be a delay in effecting the payment after it has become due (Art. 1138, Civil Code). Neither the applicant nor MASA had contracted an obligation with the plaintiff to pay any money, and therefore the requisites required by this provision for legal interest to become due are completely lacking.

For these reasons and those that may arise during the hearing of this appeal, the applicant whilst making reference to the evidence already produced and to the submissions already made, and reserves to bring that evidence and to make all the permissable submissions according to law, asks with respect this Honourable Court to reform the judgement in the above-cited names entered by the Civil Court First Hall on the 30th day of June, by 2016, by while (i) confirming it insofar as it upheld the fifth plea of the defendant Mary Ann sive Marian Muscat Azzopardi and the first plea of the defendant Sylvana Spiteri, and rejected the second, the fourth, the sixth and the seventh claims of the plaintiff, (ii) cancel it insofar as it rejected the remaining pleas of the applicant, and upheld the first and third claims of the plaintiff vis-à-vis the applicant pro et noe, and ordered him to pay to the plaintiff, jointly with the appellee defendant Dr Patrick Spiteri, the capital sum of €699,629.21, with interest at 8% per annum with effect from the 24th day of July, 1998, until the date of effective payment, and insofar as it upheld the fifth claim of the plaintiff, and to (iii) consequently uphold the rest of the pleas of the applicant and reject all the claims of the plaintiff vis-a-vis the said applicant.

With the costs of both instances against the plaintiff and/or the defendant Dr Patrick Spiteri.

Appellant: Dr Godwin Muscat Azzopardi (ID 192749M)
Taize, Wied il-Qlejja, Mosta

Services: Sylvana Spiteri, San Anton, Wardija Hill, Wardija
Dr Patrick Spiteri pro et noe, 13, Triq Hookham Frere, Gwardamanġa

Registry of the Superior Courts
Today Thursday, 1st March, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



430

Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 22th of February, 2018, by Andrew Pace et, number 279/2018, wherein the prayed to be declared open in favour of Andrew Pace and Nicholas Pace, children of the deceased, in equal share between them the Succession of Michael Mario Pace (ID 0377260M), son of the late Anthony Pace and Mary née Cremona, born at Tal-Pietà, resided at Ħ’Attard and died at Tal-Qroqq, Msida, on the 6th June, 2017, aged 57 years.

Whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to Law.

Registry of the Civil Court(Voluntary Jurisdiction Section)

Today the 22th day of February, 2018

MARCEL BUGEJA
For the Registrar Civil Courts and Tribunals



431

Bann for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 27th February 2018, following a request of Douglas Axisa, it was ordered that deputy curators be chosen to represent the absent Stefania Marinela Vatafu, in the records of the Sworn Application in the names Douglas Axisa vs Deputy Curators, Sworn Application 31/18 RGM, and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Douglas Axisa (ID 441380M) vs Deputy Curators for Stefania Marinela Vatafu (Residence Documentation 0061548A) on the 9th February, 2018, the applicant Douglas Axisa (ID 441380M) premised and asked:

That from a relationship between the parties on the twenty ninth (29) of July of the year 2012, the minor … omissis … was born (birth certificate annexed);

That the respondent abbandoned the minor and it was always the applicant who took care of the minor;

That by means of a letter dated 23rd June, 2017, the procedure of mediation was initiated and by a decree of the 11th December, 2017, this Honourable Court authorised the applicant to proceed by means of a lawsuit;

That thus lawsuit had to be made.

Thus, the applicant is asking the respondent to state why this Honourable Court shouldf not decide by,

1. Entrusting the care and custody of the minor … omissis … exclusively to the applicant and order that the residence of the minor  … omissis … be with the applicant and uphold the other demands in the application, regarding access, maintenance, and others as demanded in the application.

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

Applicant: 23, Kestrel, Triq il-Kartoċċ, Swieqi

Deputy Curators for the respondent, Courts of Justice, 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, this 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 Superior Court above mentioned with the witness of the Hon. Madame Justice Anna Felice, BA, LLD, Doctor of Laws.

Today 27th February, 2018

Registry of the Superior Courts, today 2nd March, 2018


ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
 


432

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Mark Fenech Laudi (ID 663258M) filed an application under oath (No. 44/18RGM) demanding Corrections in the Act of Birth of the minor child Isabelle Sophia Fenech Laudi number 3757/2008 respectively 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

Registry of the Superior Court 

This 2nd of March, 2018 

KAREN FALZON 
For Registrar, Civil Courts and Tribunals



433

By means of a decree of the 4th May, 2017, given by the Civil Court First Hall in the records of judicial letter number 435/17, in the names Registrar of Civil Courts and Tribunals vs Kaczmarek Marta, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 8th February, 2017

To Kaczmarek Marta of Entoria Crt, Fl 2C, Triq H. Calleja Schembri, Msida
  
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 €3504.20 due by you as Registry fees in connection with the law suit in the names:


Kaczmarek Marta noe vs Antonel Dobre (Notice number 242/2015) 

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs

Registry of the Superior Courts, today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



434

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2521/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Andrew Caruana, the following publication was ordered for the purpose of effecting service on the interpellant Andrew Caruana in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 7th October, 2016

To Andrew Caruana (ID 226767M) of 132, Triq il-Ġdida, Ħal Luqa
 
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €6,137.13, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law, regarding the bill number 101000160764 for the premises132, Lorand, Triq il-Ġdida, Ħal Luqa, which amounts to €6,137.13.

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

Registry of the Court of Magistrates (Malta), today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



435

By means of a decree of the 29th January, 2018, in the First Hall of the Civil Courts in the records of the judicial letter number 888/17 in the names Bank of Valletta plc vs Carmen Camenzuli, 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 First Hall of the Civil Courts against Carmen Camenzuli (ID 168057M) of Irma, Racecourse Street, Marsa, on the 7th March, 2017, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, whilst referring you to six contracts, three of them in the acts of Notary Doctor George Cassar, dated 15th December, 1987, 11th May, 1988, and 6th June, 1990; another two in the acts of Notary Pierre Cassar dated 27th October, 1993, and 22nd May, 1998; and another one in the acts of Notary Dr Peter Fleri Soler dated 18th November, 1996, where you guaranteed together and in solidum with HI Timber Company Limited, the debts of the same HI Timber Company Limited solicits you so that within two days together and in solidum you pay the sum of €92,897.61, balance from a Loan Account of HI Timber Company Limited with Bank of Valletta plc, together with further interests from the 31st December, 2016.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.

Registry of the Superior Courts today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



436

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 29th day of October, 2015, in the records of the Sworn Application in the names Joseph Psaila (ID 797754M) vs Rita Psaila (ID 721358M) et, Sworn Application 538/2011, it was ordered that service upon Raymond Psaila (ID 198861M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Joseph Psaila (ID 797754M) vs Rita Psaila (ID 721358M) et on the 13th day of July, 2015, Joseph Psaila (ID 797754M) respectfully submitted:

That by means of a Sworn Application dated the 3rd day of June, 2011, the applicant claimed as stated in the aforementioned Application of Appeal; 

That the defendants Raymond Psaila, Marie Theresa Maromorato and Victor Psaila as heirs of Francis and Mary spouses Psaila admitted the claims of the plaintiff;

That the respondent Rita Psaila through her Sworn Reply pleaded as stated in the abovementioned Application of Appeal; 

That by means of a judgement entered on the 30th day of June, 2015, the Honourable First Hall of the Civil Court decided the first two pleas of the defendant Rita Psaila whereas: “(17.0) that in view of the above, this Court considers that the respondent Rita Psaila managed to prove the two preliminary pleas she raised and consequently: 

(17.1) Upholds the said two pleas raised by the said respondent Rita Psaila; With the costs of this proceeding against the plaintiff Joseph Psaila”; 

That the appellant felt aggrieved by this judgement and is filing this humble appeal therefrom;

That the abovementioned Application of Appeal summarily recites the facts of the present case; 
That the grievances are clear and manifest and consist in the following: (i) That the Honourable First Court made an imperfect evaluation of the law and facts when it upheld the first plea of the defendant Rita Psaila neé Micallef that the action cannot be brought forward because there cannot be absolute simulation vis-à-vis one part and relative simulation vis-à-vis another part; (ii) Without prejudice to the first grievance, the Honourable Court of First Instance made an imperfect evaluation of the law when it declared that the action is time-barred vis-à-vis the defendant Rita Psaila and this because the plaintiff and the defendant Rita Psaila were married and therefore Article 2123(a) of the Civil Code should apply which article stipulates that prescription does not run as between spouses, and (iii) Without prejudice to the first two grievances the prescriptive period applicable is that of thirty years and not the prescription under Article 1224 dealing with the rescission of contracts and this because the plaintiff is not requesting that the contract be rescinded but that it be declared relatively simulated;

That the abovementioned Application of Appeal elaborates on each of the three aforementioned grievances and id est (i) That the Honourable First Court made an imperfect evaluation of the law and facts when it upheld the first plea of the defendant Rita Psaila neé Micallef that the action cannot be brought forward because there cannot be absolute simulation vis-à-vis one part and relative simulation vis-à-vis another part … omissis … That the jurisprudence of the Maltese Courts reflects this distinction and acknowledge that situations like in this case might exist … omissis … For an act to be declared simulated, it must be proved that either the contracting parties had no intention to be bound by the contract at all or that they concealed their true agreement (the real transaction is hidden) … omissis … That contrary to what the Honourable Court of First Instance considered this was not a simple agreement of sale such that there is a clause cited in the abovementioned Application of Appeal that substantiates the intention of all the contracting parties … omissis … That the applicant humbly submits that the Honourable First Hall of the Civil Court failed to take cognizance of the evidence including the said exhibited contract in particular the aforementioned clause, which are proof of what was the true intention of the parties at the time of the contract … omissis …; (ii) Without prejudice to the first grievance, the Honourable Court of First Instance made an imperfect evaluation of the law when it declared that the action is time-barred vis-à-vis the defendant Rita Psaila and this because the plaintiff and the defendant Rita Psaila were married and therefore Article 2123(a) of the Civil Code should apply which article stipulates that prescription does not run as between spouses … omissis … That with respect it is being submitted that the Honourable Court of First Instance failed to make a correct assessment of the law as it ignored the fact that the parties Joseph and Rita Psaila were married and their married status ended only upon the registration of the ecclesiastical annulment by the Court of Appeal in the year 2011 … omissis … That thus it is humbly submitted that the prescriptive period starts to run from the date the marriage was declared null and not earlier … omissis …  and (iii) Without prejudice to the first two grievances the prescriptive period applicable is that of thirty years and not the prescription under Article 1224 dealing with the rescission of contracts and this because the plaintiff is not requesting that the contract be rescinded but that it be declared relatively simulated … omissis … That the applicant humbly submits that in this case the term of prescription is thirty years and this was confirmed in several judgements … omissis … 

Therefore, the applicant, whilst making reference to the evidence submitted and to the evidence admissable at this stage of the appeal in accordance with the law, humbly asks this Honourable Court of Appeal to uphold the grievances of the appellant and consequently cancel and revoke the preliminary judgement of the Honourable First Hall of the Civil Court entered on the 30th day of June, 2015, in the names Joseph Psaila vs Rita Psaila née Micallef et by rejecting the two preliminary pleas of the defendant Rita Psaila neé Micallef and by ordering the continuation of the cause. 

With the costs of both instances, against the defendant Rita Psaila née Micallef appellee

Appellant: Joseph Psaila (ID 797754M), 160, St Joseph Street, Ħal Tarxien

Services: Raymond Psaila (ID 198861M), 111, Ditch Street, Paola

Registry of the Superior Courts

Today Friday, the 2nd day of March, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals


437

Notice, Registry of the Civil Court, First Hall

Whereas Hachem Alstif pro et noe (ID105222A) filed an application under oath (No. 163/2018/LSO) demanding Correction in the Act of Birth number 899/2016 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

Registry of the Superior Court 

Today 2nd March ,2018

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals



438

By means of a decree of the 25th January, 2018, of the Rent Regulation Board, in the records of the Application in the names Josephine sive Joy Attard vs Melita and Peter Paul spouses Azzopardi, Application number 101/2017JD, the following publication was ordered for the purpose of effecting service on the respondents Melita and Peter Paul spouses Azzopardi in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Josephine sive Joy Attard vs Melita and Peter Paul spouses Azzopardi, filed in the Rent Regulation Board, on the 13th July, 2017, the applicant Josephine sive Joy Attard requested with respect that:

That the applicant leases to the respondents the premises 60, Triq Vittorio Cassar, Birkirkara, which were originally leased at the rent of sixteen lira per year that were paid in advance every six months;

That the respondents own the adjacent premises number 60, Triq Vittorio Cassar, Birkirkara, which premises is their property and naturally is enough for their use for two persons and another member of the family.

The respondents do not have any right for a second residence when they are the owners of their property.


The relative facts are found in the application 14/2011 which was decided on the 20th February 207 from which judgement there was no appeal.

Thus, the applicant requests with respect this Board so that it:

1. Authorises the applicant to take back the possession of the premises 60, Triq Vittorio Cassar, Birkirkara;
2. Fixes a short and peremptory time so that the respondents vacate the same premises;
3. With costs.

Applicant: Juffkins, Triq il-Madliena, Madliena, Swieqi


Respondent: 60, Triq Vittorio Cassar, Birkirkara.

The application in the names Josephine sive Joy Attard vs Melita and Peter Paul Azzopardi, Application number 101/2017JD, has been postponed for hearing to the 15th March, 2018, at 10.30 a.m. 

Registry of the Superior Courts, today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



439

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th February, 2018, Application number 198/2018, by Lord Chief Justice Emeritus Igor Judge and Lady Tany Lawson brother and sister Judge, whereby they prayed that it be declared open in their favour in equal shares between them the Succession of Maria Rosaria Aspinall Judge, widow of Raymond Frank Aspinall Judge, daughter of the late Antonio Micallef and Olga Micallef née Bartolo, born in Tas-Sliema, resided in Ħ’Attard and died in Ħ’Attard, Malta, on the 6th September, 2017, aged 98, holding identity card number 0501219M.

Wherefore, any person who considers 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.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 2nd March, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



440

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th February, 2018, Application number 246/2018, by Remidio Redeemer and Lucas brothers Azzopardi whereby they prayed that it be declared open in their favour in the quota of one half (1/2) undivided share each one of them the Succession of their father Emidio Azzopardi, bachelor, son of the late Alferd and Maria Theresa née Fenech, born in Ħal Qormi, resided in Bormla and died in Ħal Qormi, Malta, on the 3rd January, 2018, aged 50, holding identity card number 81867M.

Wherefore, any person who considers 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.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 2nd March, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



441

By means of a decree of the 2nd February, 2018, of the Rent Regulation Board, in the records of the Application in the names George Cassar vs Andrew Magro, Application number 143/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Andrew Magro in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names George Cassar (ID 363335M), filed in the Rent Regulation Board, on the 30th October, 2017, the applicant George Cassar (ID 363335M) requested with respect that:

That the applicant leases to the respondent the premises 1, Sqaq Numru 1, Triq Sant’Anna, Qrendi for residential reasons and this for the amount of €201.39 each year, that are paid in advance every 15th August of each year, with the next installment has to be paid on the 15th August 2018;

The respondent is in default of payment of two rent installments and these are the following: from the 15th August, 2009 till the 14th August, 2010; from the 15th August, 2010 till the 14th August, 2011; and from the 15th August, 2011 till the 14th August, 2012;

The applicant solicited the respondent to come forward and pay but he remained in default and so today the applicant can take back the premises in question because of this failure;


As evidence of this delay in payment, a judicial letter dated 6th September 2012 (Doc. A) and a responsive judicial letter dated 17th September, 2012 (Doc. B) are being concurrently exhibited;
In addition, the respondent is trying to make changes in the premises in question, and it could be he already started, including by filing an application to this effect with the Planning Authority, and this in violation of his obligations; 

Thus, the applicant for the reasons above mentioned is requesting with respect this Honorable Board so that he will be authorised to resume possession of the premises 1, Sqaq Numru 1, Triq Sant’Anna, Qrendi, and for the purposes of granting the authorisation, this Board is requested to set a short and premtory period to that the respondent vacates the premises and releases its possession and occupation in favour of the applicant.

Applicant: 21, Triq San Nikola, Qrendi

Respondent: Andrew Magro, 1, Sqaq Numru 1, Triq Sant’Anna, Qrendi

The application in the names George Cassar vs Andrew Magro, Application number 143/2017JD, has been postponed for hearing to the 20th March  2018  at 9.00 a.m. 

Registry of the Superior Courts, today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



442

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th February 2018, Application number 249/2018, by Polina Chirkova née Khoroshilova whereby she prayed that it be declared open in her favour the Succession of her father Evgeny Khoroshilov, divorced from Tatiana Khoroshilova and Tamara Dmitrievna, son of the late Viktor Khoroshilov and Elpida Kjoroshilova, born in Russia, resided in St Julians and died in St Julians, Malta, on the 13th December, 2016, aged 62, holding Greek passport number AK 1946035.

Wherefore, any person who considers 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.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 2nd March, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals


443

By means of a decree of the 20th February, 2018, in the records of the judicial letter number 1620/17 in the names Swedish Pensions Agency vs Temple Asset Management Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Roger Gordon Buckley in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 28th April, 2017

To:

Temple Asset Management Limited 

Dr Benjamin Valenzia and Legal Procurator Peter P. Sammut by a decree of the 15th January 2018 were nominated as deputy curators on behalf of Emil Amir Ingmanson 

John Anthony Farrell

Kristmas Dzons sive John Walter Christmas

Roger Gordon Buckley (ID 67268A) of 197, Triq ix-Xatt, Tal-Pietà and/or 27/6, The Trend, Triq Sir Ġorġ Borg Olivier, Tas-Sliema

By means of this present Swedish Pensions Agency (the ‘Agency’) represented hereon by Dr Laragh Cassar (ID 455693M) of Camilleri Cassar Advocates, 9 Brittania House, Level One, Old Bakery Street, Valletta in her capacity as special mandatary, is a Swedish public authority established specifically to, inter alia, administer the Swedish national pension system;

Whereas the Agency is organised under and answerable directly to the Swedish Government and the Swedish Ministry of Finance;

Whereas according to Swedish Law the Agency is obliged to invest a portion of the savings of the public pensions in certain eligible UCITS complaint investment fund in terms of Directive 2009/65/EC as emended;

Whereas through the holding of the Agency, the Kingdom of Sweden is the owner of all of the units in the Falcon Aggressive Fund, the Falcon Balanced Fund and the Falcon Cautious Fund (together the Sub-Funds), each of which are sub-funds in Falcon Funds SICAV plc (the Fund);

Whereas the Fund appointed Temple Asset Management Limited (‘TAM’) as investment manager to manage the assets and the investments of the Sub-Funds by means of a private writing;
Whereas TAM is required at law to act in the best interests of investors that is the Agency in its capacity as sole unit holder in the Sub-Funds;

Whereas Emil Amir Ingmanson was the original promoter of the Fund and appears to have been involved in proposing certain investments made by TAM on behalf of the Fund, including investments where Emil Amir Ingmanson had an interest;

Whereas it appears that the Sub-Funds have sustained and could further sustain substantial losses which losses are inter alia, the result of such irregular and/or fraudulent investments made by TAM on behalf of the Fund with the direct/indirect involvement of John Anthony Farrell and Kristmas Dzons (sive John Walter Christmas) and Roger Gordon Buckley, acting soley or jointly or in complicity with other persons, including Emil Amir Ingmanson;

Therefore, by virtue of the present, you are being formally notified that the Agency is holding each of you responsible for damages suffered and or that will be suffered due as a result of your acts and/or omissions and is placing you in bad faith for all intents and purposes at law.


In addition, the Agency is hereby calling upon you to, within a month, liquidate and pay the damages already suffered.

For your attention and guidance

With costs and interest

Notification: Roger Gordon Buckley (ID 67268A) of 197, Triq ix-Xatt, Pieta and/or 27/6, The Trend, Triq Sir Ġorġ Borg Olivier, Tas-Sliema

Registry of the Superior Courts today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



444

By means of a decree of the 2nd February 2018 given by the First Hall of the Civil Courts, in the records of the judicial letter number 4042/14, in the names Director (Property Tax) vs Anton Cuschieri, 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 First Hall of the Civil Courts against Anton Cuschieri (ID 809745M) of Aquarius Flts/2, Triq il-Wied, Mosta SPB 09, on the 2nd December, 2014, the Director (Property Tax) for the Commisioner of Inland Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €14,730.00 due as for the sum of €7,365 as back payment of tax on documents and transfers and as for the sum of €7,365 as additional tax and/or interest according to the Notice of a Claim for Payment here attached and marked Doc. C.

As you failed to pay the amount due by you although a claim for payment was made (see the same Doc. C above mentioned) the interpellant warns you that if you fail to pay the amount due in the time given, the interpellant shall proceed for the execution of the title obtained in terms of Article 60A of the Act of Tax on Documents and Transfers (Cap. 364 of the Laws of Malta).

Pay also the costs of this Act

 Registry of the Superior Courts today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



445

By means of a decree of the 19th January, 2018, in the records of the judicial letter number 3300/17 in the names LESA vs Raymond Bezzina et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Raymond Bezzina and Maria Dolores Bezzina in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 13th September, 2017

To

Raymond Bezzina (ID 737262M) of 15, Medina, Triq Ramon Perellos, San Pawl il-Baħar SPB 02

Maria Dolores Bezzina (ID 170865M) of 15, Medina, Triq Ramon Perellos, San Pawl il-Baħar SPB 02

By means of this present LESA of 4-6, Triq il-Bordin, Tal-Pietà, solicits you so that within three days from the notification of this act you pay the amount of €41,994.62 representing 908 fines imposed on you by the Tribunal for Traffic Contraventions, as shown in the attached document marked Doc. A.

In default further procedures will be taken against you according to law. This judicial act is being made for all the purposes and effects of law, in terms of Cap. 12 of the Laws of Malta.

So much for your own guidance

With costs

Registry of the Superior Courts today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals






446

By means of a decree given by the Court of Magistrates (Malta) on the 26th May, 2017, in the records of the judicial letter number 2968/12 in the names Commissioner of Revenue vs Old Smugglers Company Limited, the following publication for the purpose of service on the respondent company was ordered in terms of Article 187(5) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Old Smugglers Company Limited (C 6519) of 4/4, Transcontinental Hse, 54, Zachary Street, Valletta, on the 6th November, 2012, the Commisioner of Revenue of Centre Point Building, Triq Ta’ Paris Road, B’Kara, solicits you in terms of Article 59 of the Act XII of 1994 so that within two (2) days from the service of this act, you pay the amount of €8,101.30 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest 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 Commissioner of Revenue has against you by means of a Notice sent to you for payment.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants without further notice.

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

Registry of the Courts of Magistrates (Malta), today 2nd March, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



447

By a decree of the Small Claims Tribunal of the 15th September, 2017, 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).

Casa Vini Limited (C 41106) of 311-313, Żabbar Road, Fgura, filed a Claim on the 12th September, 2017, whereby they asked the Tribunal to condemn Xylon Aquilina (ID 548988M) of L. Spiteri, Flat 1, Triq Villabate, Ħaż-Żabbar, who manages the restaurant with the name ‘The Eatery’ in Triq id-Daħla ta’ San Tumas, Marsaskala, to pay the plaintiff company the sum of €478.32, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 433/17KCX) is deferred on the 12th March, 2018, at 1.00 p.m.

Registry of the Courts of Magistrates (Malta), today 5th March, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




448

By a decree of the Small Claims Tribunal of the 5th December 2017, 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).


Jennifer Zahra (ID 484076M) of Lelmar House, Triq l-Imnarja, Buskett, l/o Ħad-Dingli, filed a Claim on the 24th October, 2017, whereby she asked the Tribunal to condemn Ian Bonello of 4, Triq il-Qawsalla, Ħad-Dingli, to pay the plaintiff the sum of €5000, which amount is due to the plaintiff.

With costs and interest

The case (Claim number 488/17PA) is deferred on the 27th March, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 5th March, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



449

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 1st March, 2018, following a request of Rose Rogers it was ordered that deputy curators be chosen to represent the absent Roderick Rogers, in the records of the Divorce Application in the names ‘Rose Rogers vs Deputy Curators, Application number 107/19 RGM, and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Rose Rogers (ID 174270M) vs Deputy Curators to represent the absent Roderick Rogers (ID 9433A) on the 26th February 2018, the applicant Rose Rogers (ID 174270M) asked this Honourable Court;


1. To pronounce the dissolution of the marriage which was celebrated on the twenty third of February of the year one thousand nine hundred ninety one and uphold the other demands in the application.

Applicant: Rose Rogers, Mayfair Court, Flat 4, Triq il-Lampuki, San Pawl il-Baħar
                                                                                                               
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 Reġistry 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 stipulate time, this 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 (Family Section) above mentioned with the witness of the Hon. Madame Justice Lorraine Schembri Orland LLD, Doctor of Laws.

Today 1st March, 2018

Registry of the Civil Courts (Family Section), today 5th March, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
 


450

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 10th day of April, 2017, in the records of the Sworn Application in the names Paul Caruana (ID 0753360M) vs Rudolphe Gaerty (ID 0014472M) et, Sworn Application 66/2004, it was ordered that service upon Global Executive Search (Malta) Limited (C 16725) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Paul Caruana (ID 0753360M) vs Rudolphe Gaerty (ID 0014472M) et on the 13th day of March, 2017, Paul Caruana (ID 0753360M) respectfully submitted:

That by means of a Sworn Application dated the 24th day of January, 2004, the applicant, now appellant, claimed as stated in the aforementioned Application of Appeal; 

That the defendant company Global Executive Search (Malta) Limited through its Sworn Reply pleaded as stated in the abovementioned Application of Appeal; 

That the respondent appellee Rudolphe Gearty through his Sworn Reply pleaded as stated in the abovementioned Application of Appeal; 

That by means of a judgement entered on the 22nd day of February, 2017 the Honourable First Hall of the Civil Court decided the following: “For these reasons the Court abstains from taking further notice of the first claim of the plaintiff, and the first and fourth pleas of the respondent Gaerty since they are overiding; upholds the plea of the company Global Executive Search (Malta) Limited in the sense that it is not the legitimate defendant to the claims of the plaintiff and non-suits it, rejects the second plea of the respondent Gaerty, upholds the pleas number three, and five of the respondent Gaerty and rejects the claims of the plaintiff. With court costs against the plaintiff.”

That the appellant felt aggrieved by this judgement and is filing this humble appeal therefrom;

That the grievances are clear and manifest and consist in the following: 1) That in the first place, the applicant stresses that it is not true that the business of the company MSI in Malta ended due to his negligence … omissis …; 2) The Loss of Business: (i) Goodwill. That the appellant submits that what was goodwilled to the respondent Gaerty, contrary to that concluded by the First Hall of the Civil Court, was not only the commercial relationship (the licence) that the applicant had with SCI UK Ltd, under which at that time he was operating, but the headhunting business in full. This is shown by the three facts given in the abovementioned Application of Appeal … omissis …; (ii) Fraudulent Intention … omissis …  the appellant points out that the circumstances of the case are not only indicative but are clear and substantial evidence showing that the behaviour of the respondent, after the departure of SCI UK from Malta, was carried out in order not to pay the appellant what is due to him … omissis … That with respect it is submitted that the considerations made by the Court continue to strengthen the point that what has been declared by the appellant is not conspiracy, but clearly show that the intention of the respondent was that Gaerty evades his obligations vis-à-vis the applicant … omissis … From that submitted in the abovementioned Application of Appeal it is clear that the exercise of the headhunting business by Global Executive Search is definitely not to be regarded as a genuine loss of the business transferred by the appellant, to the appellee Gaerty as agreed … omissis … 

Therefore, the appellant, whilst making reference to the evidence submitted and to the evidence admissable at this stage of the appeal in accordance with the law, humbly asks this Honourable Court to cancel and revoke the judgement of the First Hall of the Civil Court entered on the 22nd day of February, 2017, in the above-cited names and this by upholding the claims of the plaintiff and dismissing the pleas of the defendants.

With the costs of both instances, against the respondents

Appellant: Paul Caruana (ID 0753360M), Madliena Village, 709, Triq il-Fortizza, Swieqi

Services: Global Executive Search (Malta) Limited (C 16725), Sammut Buildings, triq Insolija, Burmarrad, St Paul’s Bay

Registry of the Superior Courts

Today Monday, 5th day March, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



451

By means of a decree given by the Civil Court (Family Section) on the 28th February, 2018, in the records of the Warrant of Prohibitory Injunction in the nameas Mohamed Moussa vs Rim Selmi EP Moussa, Warrant of Prohibitory Injunction 45/18, the following publication was ordered for the purposes of Article 931 of Cap 12 of the Laws of Malta.

Civil Court (Family Section)
Hon. Mr Justice Roberty G. Mangion, LLD 
 Dip. Tax (MIT) PG Dip.Mediation (Melit.)

Warrant of Prohibitory Inunction 45/18

In the names Mohamed Moussa vs RIM Selmi EP Moussa

The Court,

Having seen the application,

Provisionally upholds the request for a period of thirty (30) days from today in such a way that if till that day for the issue of that warrant it shall be definitely decided this decree shall not remain applicable and in case that till that day it shall have not been definitely decided the Court shall provide further.

Appoints this application for hearing for the 13 th March, 2018, at 10.15 a.m.

The Court orders that this decree be notified to the respondent who is to reply till the date of the sitting, orders that the competent authorities be notified.

Today 26th February, 2018

By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Monday 26th February, 2018, the Warrant Number 45/2018/2 RM, in the names Moussa Mohamed vs Moussa Rim Selmi EP, was appointed for hearing on Tuesday 13th March, 2018, at 10.15 a.m.

Respondent: Mir Court, FL 9, Triq Toni Wizzini, Birkirkara (last known address)

Registry of the Civil Courts (Family Section), today 5th March, 2018

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals.



452

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 15th day of January, 2018, in the records of the Sworn Application in the names Mark Curmi (ID 322564M) et vs Hotel Services Limited (C 2594), Sworn Application number 723/2017 JZM, it was ordered that service upon Hotel Services Limited (C 2594) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Mark Curmi (ID 322564M), and Lucienne Curmi (ID 263667M) vs Hotel Services Limited (C 2594) on the 9th day of August, 2017, Mark Curmi (ID 322564M) et asked this Honourable Court to: 

1. Declare that the business of the respondent company has been suspended for more than twenty-four months; 

2. Declare that the respondent company is not in a position to pay its debts; 

3. Consequently use its discretion in terms of Article 214(2) (a) of Cap. 386 of the Laws of Malta and order the dissolution and winding up of the respondent company;

4. Give every appropriate measure to appoint the liquidator and the consequential winding up be conducted in accordance with the provisions of Act XXV of 1995 on Companies.

With court costs against the respondent company, as of now summoned so that a reference to its oath be made. Saving any other action due to the applicants.

Applicants:  Mark Curmi (ID 322564M) et, 61, In-Naħla, Triq il-Wiżna, Swieqi

Services: Hotel Services Limited (C 2594), c/o Mark Gatt (ID 337967M), 175, Triq D’Argens, Msida

The Sworn Application in the names Mark Curmi (ID 322564M) et vs Hotel Services Limited (C 2594) was deferred for hearing to the 15th day of March, 2018, at 9.00 a.m. 

Registry of the Superior Courts

Today Monday, 5th day March, 2018

ADV.  DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals