Mur Lura
Court Notices published in Govt. Gazette No. 18,975 of the 16th October 2012
01/01/2012
Notice 1700
1700By a decree of the 12th October, 2012, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C2833), on the 9th October, 2012, the approval of the said judicial acts is being demanded for the amount of €67,200 following the judicial sale by auction 82/11 in the names Bank of Valletta plc (C2833) vs Anthony Cini et, held under the Authority of the said Court on the 4th October, 2012.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1701
1701By a decree of the Small Claims Tribunal of the 29th May 2012, 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).
Go plc (C22334) of Telgħet Spencer, Marsa, MRS 1950, filed a Claim on the 24th April 2012 whereby they asked the Tribunal to condemn Jonathan Richard Corbett (I.D. 54287A) of9, Flat 7, Triq il-Fortizza, Mellieħa, to pay the plaintiff company the sum of€429.59 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 320/12VG2) is put off on the 18th October 2012 at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1702
1702By decree given by the CIVIL COURT, FIRST HALL on the 8th of October, 2012 on the application of HSBC BANK MALTA PLC, Wednesday, 28th November 2012 at 11.00 a.m., has been fixed for the SALE BY AUCTION, to be held IN THE CORRIDORS OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA, of the following item seized from the property of EVGENIA ROUBINA.
Lifestyle Savings Plan Policy, number 100-014029, issued by HSBC Life Assurance (Malta) Limited.
N.B. The said object will be sold as described in the acts of file number 19/11.
This Thursday, 11th October, 2012.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1703
1703By means of a decree given on the 11th September 2012, the Court of Appeal, in the records of the SwornApplication Number 206/2007 AF, in the names Simplex Limited et vs Lux Limited et, the following publication was ordered for the purpose of service of the respondent company Simplex Limited and Maria Grima Baldacchino, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.
By means of an Application of Appeal filed in the Court of Appeal, in the records of the Sworn Application 206/2007 AF, in the names Simplex Limited (C 3759) and Maria Grima Baldacchino, for any interest she may have vs Lux Limited (C 3760) and for any intetrest they may have Antonia sive Tania Baldacchino, Petra Lindsay and Luana Baldacchino, on the 10th July 2012, the applicants Lux Limited (C 3760) et respectfully pleaded;
1. That by means of a sworn application of Simplex Limited and Maria Grima Baldacchino, after these premised that:
By means of a contract of the seventh (7) of December 1966, in the records of Notary George Cassar, Emanuel Baldacchino, acquired the perpetual utile dominium of a block of buildings, in Sacred Heart Promenade, Birzebbugia, numbers 20, 21 and 22 including the front gardens, corner with Tank Street, numbers 35, 36, 37, 38A and 38, from Carmelo Pace, subject to the annual and perpetual groundrent of.
This property consists in one house with various surrondings, better known as Villa Zimmerman;
By means of a contract of the sixth (6) th of December1990, in the records of Notary Rita Sammut, Emanuel Baldacchino conceded the same property by title of perpetual sub-empyteusis to the applicant company Simplex Limited and the respondent company and this in equal shares between them.
Emanuel Baldacchino died on the 18th February 1994 (Document C) and left as his heirs his children Maria Grima Baldacchino and Joseph Mary Baldacchino.
Joseph Mary Baldacchino, who died on the 26th January 2003, left as his heirs the respondent his wife Antonia sive Tania Baldacchino and their children.
The applicant company Simplex Limited and the respondent company Lux Limited are the holders of the perpetual sub-emphyteusis of the property above described in equal shares and unidividely between them, by means of a contract of the 6th December 1990, whilst the applicant Maria Grima Baldacchino and the respondents Antonia sive Tania and her children Petra Lindsay and Luana Baldacchino are sub-direct owners.
That the applicant Maria Grima Baldacchino has absolute control of the applicant company (Document K) whilst the respondents Antonia sive Tania Baldacchino and her childrenPetra Lindsay and Luana Baldacchino as heirs of the deceased Joseph Mary Baldacchino, have the absolute control of the respondent company Lux Limited (Document L).
The shares of the contending companies in the immovable propert above described are equal.
The applicants are of the humble opinion that the property above described is not easily divisible.
The applicants do not wish to remain further in co-ownership and wish to avail themselves of the right resulting from Article 496 of Cap. 16 and namely that they ask for the partition of the common property.
In case that it results that this immovable is not easily divisble, this immovableshould be sold by licitation so that its price be divided.
They asked so the First Hall Civil Court:
Saving any declaration that the applicant and the respondents are co-owners of the premises of rather block of buildings in Sacred Heart Promenade, Birżebbuġa, numbers 20, 21, 22, including the front gardens corner with Tank Street, numbers 35, 36, 37, 38A and 38 ...omissis... and this in the portions that shall resultduring the proceedings , order the partition of the said immovables and this according to the portions which the parties result to have.
To appoint an architect to prepare and propose a plan of partition.
To appoint a notary to publish the relative contract of partition and deputy curators to represent the eventual defaulters on the relative contract.
In case it results that the said immovable is not easily divisible, to order the sale by licitation, whereby foreign bidders should not be allowed.
To order that the proceeds from the eventual sale by licitation be divided between the parties.
With costs, against the respondents, from now summoned so that a reference to its evidence be made.
2. That by means of a sworn application the applicants pleaded that:
That procedurally the plaintiff’s demands are null and cannot be upheld because they are intendedso that a partial partition of the property held in common by the parties be heldand the interpellants do not agree that a partial partition should be take place.
That procedurally also, the applicant company, has to prove that it was authorised to file this cause by the due authorisation of its shareholdrs given in a general meeting.
...omissis...
3. That by means of a preliminary judgement, given on the 11th October 2011, the First Hallof the Civil Court, rejected the first plea raised by the applicants, namely that the plaintiff’s demands are null and cannot be upheld because they are intended so that there be a partial partition of the property held in commonbetween the parties and the interpellants do not agree that a partial partition should take place and in view of the rejection of this plea, the proceeding of the cause was ordered.
4. That the interpellants felt aggrieved by this preliminary judgement and by means of an application filed on the 17th October 2011, asked permission to appeal from this judgement, which permission was granted on the 20th June 2012.
5. That the grievance of the interpellants refers to the principle whereby the Court of First Instance, upheldthat contrarilywhen the property held in common has derived to the co-owners from an inheritance whereby it is confirmed that a partition of some of the property cannot be madewithout the consent of all the co-owners, such partial partition is permitted in the present case.
6. That as results from the premises of the writ of summons, the plaintiff’s action is based on Article 496of the Civil Code. On the baiss of this Article the plaintiff company is asking inter alia that in case that the premises is not easily divisible, the Court, is to order its sale by licitation.
7. That at this stage the interpellants, feel that they should give some backgroundto what brought about this cause.
...omissis...
8. That the demand so that the immovable held in co-ownership be sold by licitation is to be considered in the light of the fundamental principles which make up the legal institute which deals with property held in co-ownership.
9. That from that above mentioned keeping in mind Article 515 is also an article contemplated in the Title of Co-ownership of Property,does not only make logical sense but is to be held applicable once the co-owners of a thing, hold other property in common.
...omissis...
10. That it is humbly submitted with respect that there is no justifyingreason which should discrimnate between co-owners of hereditary propertyfrom co-owners of property deriving from transfers inter vivos.
...omissis...
Thusthe applicants whilst referring to the proof already produced and that which can be produced in this stage of Appeal, humbly ask this Honourable Court, to revoke the judgement appealed, as demanded in this application and send back the records to the Court of First Instance, to examine and decide if effectivley the companies Simplex Limited and Lux Limited, are the co-owners of other property in support of the plea raised of partial partition.
With costs, against the respondent company.
Appellants: Villa Zimmerman,
20, Sacred Heart Promenade,
Birżebbugia.
Respondents: Simplex Limited et,
137, La Moreneta,
The Strand,
Gżira.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1704
1704Civil Court First Hall
Madame Justice Hon. Jacqueline Padovani Grima, LL.D., LL.M. (IMLI).
Bankruptcy Number 644/12 JPG.
Bankruptcy ofFrederick I.D. 295684M) and Rachel (I.D. 45384M) spouses Cauchi of Lilium Court, Flat 5, Patri Wistin Born Street, Wied il-Għajn, Malta.
By minute filed in the Civil Court First Hall, on the 22nd June 2012, Frederick (I.D. 295684M) and Rachel (I.D. 45384M) spouses Cauchi, whislt producing a list of their creditorsthey declared that they have suspendedpayment of their debtsand that they are in a state of bankruptcy.
By meansof a decree of the 3rd October 2012, the application above mentioned 644/12 JPG, was put off for hearing to the 29th November 2012, at noon, for the appearance of the interested parties.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1705
1705By a decree of the Small Claims Tribunal of the 28th October 2011, 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).
Zakarija Hamed (I.D. 149096M) ofZakarija Hard Craft, Qormi Rd, Ħamrun, filed a Claim on the 14th September 2011, whereby he asked the Tribunal to condemn Rodrick Baldacchino and Grace Baldacchino of 88, Old Bakery Street, Valletta, to pay the plaintiff the sum of€400 which amount is due to the plaintiff.
With costs andinterests.
The case (Claim Number 780/11KPS) is put off on the 22nd October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1706
1706IT IS BEING NOTIFIED that by a judgement given by the Court of Criminal Appeal (Malta) on the 11th October, 2012 (Hon. Judge Michael Mallia, LL.D.) Appeal number 343/2010 in the case:-
The Police
(Inspector Angelo Gafà)
Versus:
LUDVIC CAMILLERI, 36 years, son of Anthony and Rita née Mifsud, born in Pietà on the 17th March, 1976 and residing at f’Minor Court, Flat 3, Block F, Triq it-Turisti, Qawra and holder of Identity Card number 167476 (M);
ORDERED the perpetual general interdiction against the said Ludvic Camilleri according to Section 127 of Cap. 9 of the Laws of Malta.
This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.
Dr Elizabeth Quintano, LL.D.
Assistant Registrar, Criminal Courts and Criminal Tribunals (Malta)
Notice 1707
1707By a decree of the Small Claims Tribunal of 14th May 2012, 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).
Condominium Services Ltd, (C39139) as administrator of Manikata Grove, Triq il-Fuħħar, Manikata, filed a Claim on the 29th February 2012 whereby they asked the Tribunal to condemn Martin Chircop (I.D. 452358M) of 30, Triq il-Karmnu, San Ġiljan, to pay the plaintiff company the sum of€1,467.63 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 148/12KPS) is put off on the 22nd October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1708
1708By means of a decree given on the 6th September 2012, in the records of the judicial letter number 3628/11, in the names Middlesea Insurance plc vs Marco Aquilina, the Courts of Magistrates (Malta), ordered the following publication for the purpose of effecting service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Marco Aquilina (I.D. 0532790M) of 10, Flat 1, Triq l-Ajkla, Valletta on the 9th November 2011, Middlesea Insurance plc of University Roundabout, Msida, as subrogated in the rights of its insured, the company Milano Due Ltd, both in terms of the insurance policy and at law and the same company Milano Due Limited (C10077), refer to the car accident which occured on the 23rd October 2010, in Pjazza San Kalċidonju, in Floriana, when a person (his name is presently is not known) whilst driving the vehicle of the type ‘Ford Escort’ with registration number EAX 854, which vehicle belongs to you, collided with another vehicle, that is the vehicle with registration number MIL 002 driven by Franklin Pulis and property of the insured company Milano Due Limited, and he kept on driving when he had to stop and wait for the local warden to arrive on the place where the accident took place.
Therefore, with this present judicial letter, the interpellant insurance company is soliciting you so that within three days you pay the sum of €1,680.97, as the owner of the vehicle involved in the accident with registration number EAX 854, which sum represents the damages suffered because of the same accident, which accident occured solely as a result of fault of the driver of your vehicle (whose identity cannot presently be ascertained) and as a result of his negligence, carelessness and irresponsible actions.
In the event that you default in complying with the request set out in this letter, the interpellant insurance company will proceed against you further for the amount requested together with costs and interests without further notice.
A copy of this letter is being sent for all purposes and effects of law to your insurance company Untours Insurance Limited.
With interest and costs.
This judicial letter is being sent according to Article 2153 and 2154 (1) of Cap. 16 of the Laws of Malta.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1709
1709By a decree of the Small Claims Tribunal of 10th July 2012, 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).
Bank of Valletta p.l.c. (C2833) of 1/5, Misraħ San Ġorġ, Valletta VLT 1190,filed a Claim on the 19th April 2012 whereby they asked the Tribunal to condemn Simon Hulme (I.D. 122577M) of Summerfield, Block A, Flat 2, Triq Annetto Caruana, San Pawl il-Baħar, to pay the plaintiff company the sum of €909.40 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 311/12YMS) is put off on the 22nd October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1710
1710By means of a decree of the 18th May 2012 in the Court of Magistrates (Malta) in the records of the judicial letter number 4021/11 in the names Bank of Valletta p.l.c. vs Joseph Ellul Grech et ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Joseph and Diane spouses Ellul Grech (I.D. 999748M) and (I.D. 143501L) of9, Genesis, Sqaq Taliana, Gżira, on the 7th December 2011, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of€5,546.11 balance of debt in your Loan Account with Bank ofValletta p.l.c. together with further interests from the 15th March 2011 till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1711
1711By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 28th September 2012, Application number 728/2012 by Mary Therese Felice, Annunziato Briffa, Antonia Bugeja, Carmel Briffa, Salvu Briffa and Theresa Muscat all brothers and sisters of the decujus,whereby they prayed that it be declared open their favour in equal parts between them the SUCCESSION of their brother Santino Briffa, bachelor, son of the late Emanuel and Caterina neè Zammit, born and resided in Birkirkara and died in Iklin on the 24th April 2012 aged 52, holding identity number 0463159(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 1712
1712By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd October 2012, Application number 734/2012 by Lina sive Carmelina Vella and Margarite Persiano sisters Mangion, whereby they prayed that it be declared open their favour in equal parts between them the SUCCESSION of their father Paolo Mangion, son of the late Emmanuele Mangion and Maria Anna neè Farrugia, born and resided in Sliema and died in Saint Julians on the 4th December 2000 aged 87, holding identity number 0212413(M) who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 1713
1713By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd August 2012, Application number 561/2012 by Consiglia widow of Salvatore Fenech, Maria Tona sive Antonia wife of Emanuel Schembri and Lawrence Farrugia, all brothers and sisters of the decujus,whereby they prayed that it be declared open in their favour in equal shares between them the SUCCESSION of Carmelo Farrugia, bachelor, son ofthe late Nazzareno Farrugia and Maria Antonia neè Spiteri, born in Żejtun and resided in Saint Vincent de Paule, Luqa where he died on the 2nd January 2012 aged 78, holding identity number 0709833(M) who died holding a will but didn’t nominate any heirs.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 1714
1714By decree given by the CIVIL COURT, FIRST HALL on 10th October 2012, on the application of SANT RITA, Thursday, 22nd November, 2012 at 11.00 a.m. has been fixed for the SALE BY AUCTION to be held IN THE CORRIDORS OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
House number ninety-five (95), named “Redeemer”, in Triq l-Assedju l-Kbir, Mellieħa, consisting of a two-storey house with a front garden and garage at ground level, free and unencumbered, valued at one hundred and eighty-six thousand euro (€186,000).
The said tenement is the property of SANT RITA and SANT JOHN.
N.B. The said tenement will be sold as described in the acts of file number 24/12.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals
Notice 1715
1715By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st August 2012, Application number 609/2012 by Alexander Chetcuti et, Giuseppa Chetcuti widow of Lawrence Chetcuti, daughter of the late Anthony Caruana and Giulia neè Micallef, holding identity card number 235825(M) was INTERDICTED by means of a decree given on the 4th October 2012.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 1716
1716By means of a decree given, by the First Hall Civil Court, on the 5th October 2012, in the records of the Sworn Application , in the names Bank of Valletta p.l.c. (C 2833) vs Hamdy Madkour et, Sworn Application number 880/2012 SM, the following publication was ordered for the purpose of service of the respondents, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court,in the names Bank of Valletta p.l.c. (C 2833) vs Hamdy and Angela spouses Madkour (I.D. 271205(L) and 274063(M) on the 4th September 2012, the applicant company Bank of Valletta p.l.c. asked the defendants to state why this Honourable Court should not:
1. Declare and decide that there occurred one or more of the events mentioned in the contract, mentioned in the application, condemn Hamdy and Angela spouses Madkour, to pay together and ‘in solidum’ between them to the plaintiff company the sum of (€93, 672.29) balance of debt in the ‘Loan Accounts’ of Fathi Hamdy and Angela spouses Madkour, with the Bank of Valletta p.l.c. together with further interest, from the 17th August 2012, till the date of effective payment.
With costs, as demanded, against the defendants summoned so that a reference to their evidence be made.
Plaintiff company:
Bank of Valletta p.l.c. (C 2833)
1/5, Misraħ San Ġorġ,
Valletta VLT 1190.
Defendants:
Hamdy and Angela spouses Madkour,
‘Red Rose’, Triq is-Swatar,
Msida.
The Sworn Application in the names Bank of Valletta plc vs Madkour Hamdy et, application number 880/12 SM, has been put off for hearing to the 22nd November 2012, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1717
1717By a decree of the 8th October, 2012, given by the First Hall Civil Court, 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 12th September, 2012, on the application of BANK OF VALLETTA PLC, Thursday, 1st November, 2012 at 11.30 a.m. has been fixed for the SALE BY AUCTION to be held in THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA, of the following property.
1. Garage internally marked nineteen (19) situated in a complex of garages with no official number, at lower basement level, forming part of a complex of garages on two levels, with two entrances, one from Saint George Street and the other from Triq l-Erbatax ta’ Novembru, formerly New Street in Saint George Street, Santa Venera, free and unencumbered, valued at nineteen thousand euro (€19,000).
2. Garage internally marked twenty (20) situated in a complex of garages with no official number, at lower basement level, forming part of a complex of garages on two levels, with two entrances, one from Saint George Street and the other from Triq l-Erbatax ta’ Novembru, formerly New Street in Saint George Street, Santa Venera, free and unencumbered, valued at nineteen thousand six hundred euro (€19,600).
The said tenement is the property of GRECH SEBASTIAN (I.D. 804550M).
N.B. The said tenements will be sold as described in the acts of file number 83/11.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1718
1718\ By a decree of the 12th October, 2012, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C2833), on the 9th October, 2012, the approval of the said judicial acts is being demanded for the amount of €39,000 following the judicial sale by auction 19/12 in the names Bank of Valletta plc (C2833) vs Felix Micallef et, held under the Authority of the said Court on the 4th October, 2012.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1719
1719By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th October 2012, Application number 560/2012 by Ian Bonello, Moira Bonello, daughter of Emanuel and Mary neè Bonnici, holding identity card number 230672(M) was INTERDICTED by means of a decree given on the 4th October 2012.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals