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Court Notices published in Govt. Gazette No. 18,971 of the 2nd October 2012
01/01/2012
Bann for Curators
1594Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 28th February 2011, following a request of HSBC Bank Malta p.l.c. it was ordered that Deputy Curators be chosen to representunknown owners of the directus dominius of the premises in the records of the Schedule of deposit, in the names ‘HSBC Bank plc vs Deputy Curators and in the relative and subsequent acts.
By means of a Schedule of deposit of the company HSBC Bank Malta p.l.c. in the First Hall Civil Court, in the names HSBC Bank Malta p.l.c. (C 3177) vsDeputy Curators appointed to represent the unknown owners of the directum dominium of the emphyteutical grant regarding the property hereunder described, on the 24th February, 2011, thecompany HSBC Bank Malta p.l.c. (C 3177) respectfully pleaded;
That the applicant is the owner of the premises garage or rather showrom with official number 5, in Triq il-Ħarifa, corner with Triq il-Kungress Ewkaristiku, Mosta, which property was acquired through a judicial sale, held on the 2nd March 2010;
That this premises is subject to the annual, perpetual and revisable groundrent of €8.43.
That the owners of the directum dominium burdening the same premises are not known to the interpelllants.
Thus the interpellants are calling upon this Honourable Court and under the authority of the same depositing the sum of €50.58) representing €42.15 five payments of groundrentwhich together with the sum of €8.43 representing payment of lawdemium representfull settlement for all claims in regards to arrears of rent so that this sum be freely withdrawn by those who have the right to them after they leave the due receipt according to law.
Notify: 1. Deputy Curators to represent the unknown owners of the directum dominium of the empyhteutical grant regarding the property above described
2.Director Public Registry (Two Services)
Merchants Street, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LL.D.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1595
1595By decree given by the CIVIL COURT, FIRST HALL on 23rd July 2012, on the application of HSBC BANK MALTA PLC, Thursday 11th October 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.
Unnumbered garage, named “Sunseeker”, in Triq Giuseppi Vella, Għaxaq, free and unencumbered as exempt from any payment of ground rent, with all its rights and appurtenances, valued at one hundred and eighty six thousand euro (€186,000).
The said tenement is the property of CASSAR CARMELO ET.
N.B. The said tenement will be sold as described in the acts of file number 75/12.
KEVIN CARUANA
For the Registrar, Civil Courts and Tribunals
Notice 1596
1596By decree given by the CIVIL COURT, FIRST HALL on the 12th September, 2012, on the application of BANK OF VALLETTA P.L.C., Tuesday, 13th November, 2012 from 9.00 a.m. to noon, 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. Flat internally market 1, Howard Flats, in Triq il-Korp tal-Prijunieri, Bugibba, subject to annual and perpetual ground rent of €27.95, valued at €163,056.
2. Garage numbered 29, in Triq San Antin, Marsa valued at € 41,929.
3. The undivided half of a garage number 19, in Triq iż-Żimelli, Ħamrun, subject to annual and temporary ground rent of €6.98 for the remaining period of 150 years commenced from December 1933, this undivided half valued at €116,469.
4. Maisonette numbered 106, known as ‘Marcar’ in Triq ix-Xintill, Ħal Tarxien, valued at €139,762.
The said tenement is the property of LOUIS (I.D.871952M) and ALBERTA (I.D.810052 M) spouses PACE.
N.B. The said tenement will be sold as described in the Subbasta Number 163/04.
MARVIC FARRUGIA
For the Registrar Civil Courts and Tribunals
Notice 1597
1597IT IS hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 27th day of September 2012, and this after a written plea Numbered 90/12, Ordered:
The correction of the Act of Birth of Elisabeth Giordano bearing number 5359 of the year 1940, under the column titled ‘Name of the Child, the name “Elisabeth”, more so the name “Elisabeth” is to be corrected by the name“Elizabeth”, so to read “Elizabeth”.
Mary Josette Musù
F/Registrar, Court of Revision of Notarial Acts
Notice 1598
1598By decree given by the CIVIL COURT, FIRST HALL on the 12th September 2012 on the application of Bank of Valletta p.l.c. (C 2833), Thursday, 1st November, 2012 from 9.00 a.m. to twelve noon has been fixed for the SALE BY AUCTION ordered by to be held in the first floor of these Law Courts, Republic Street, Valletta of the following property:
House named ‘La Rochelle’, Nissieġ Street, Żabbar, subject to an annual and perpetual ground rent of €97.83, valued at €245,000.
The said property belongs to Alfred (I.D. 667661M) and Marie Louise (I.D. 633762M) spouses Vella.
N.B. The said tenement will be sold as described in the acts of the File Number 56/08.
MARVIC FARRUGIA
For The Registrar Civil Courts and Tribunals
Notice 1599
1599By decree given by the CIVIL COURT, FIRST HALL on 12th September, 2012, on the application of BANK OF VALLETTA P.L.C., Thursday, 15th November, 2012 from 9.00 a.m. to noon, has been fixed for the SALE BY AUCTION to be held at in the FIRST FLOOR, OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following properties.
1. The temporary utile dominium for the remaining period from 150 years commencing on December 1933 of tenements numbered 21 and 27 in Zimelli Street, Ħamrun including a back yard accessible form both tenements as being subject to the annual and temporary ground rent together valued €260,890.
2. The temporary utile dominium for the remaining period from 150 years commencing on December 1933 of tenement numbered 23 in Zimelli Street, Ħamrun as being subject to the annual and temporary ground rent together valued €111,810.
3. Tenement numbered 68, in Zimelli Street, Ħamrun valued at €67,552.
4. Garage unofficially marked 1, Pioneer Road, St. Paul’s Bay underlying flat internally market 1 forming part of a block of flats known as Howard Building Block A valued at €158,397.
5. Ground floor garage accessible from Paul Schembri Street, Tarxien and underlying garage situated in basement level from Triq ix-Xintill, Tarxien together valued at €97,834.
The said property belongs to Mexico Garage Rent-A-Car Company Limited (C5002).
N.B. The said tenements will be sold as described in the acts of the file number 165/04.
N.B. The property sold in this auction will be adjudicated for any offer.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1600
1600By decree given by the CIVIL COURT, FIRST HALL on 20th August, 2012,on the application of HSBC BANK MALTA PLC, Thursday, 25 October, 2012 at 10.30 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.
Flat internally marked numbered (5) at second floor in a block of flats named ‘Hacienda Court’ officially numbered ninety four (94) in Triq il-Ġifen, Buġibba limits of St. Paul’s Bay valued at €70,000.
The said tenement is the property of Peter Russell Stevenson (Passport Number 14116515) and Elaine Mary Stevenson (I.D. 33717A).
N.B. The said tenement will be sold as described in the acts of file number of 36/11.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1601
1601By means of a decree given, by the Civil Court First Hall, on the 11th September 2012, in the records of the Warrant of Eviction number 1140/2012, in the names Jacques Scerri vs Kenneth Bartolo et, the following publication was ordered for the purpose of service of the respondents Kenneth Bartolo and Sera Bartolo Vassallo, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names (Applicant) Jacques Scerri (430079M) vs (Respondent) Kenneth Bartolo (O401282M) and Sera Bartolo Vassallo (0170781M) on the 1st August 2012, the applicant Jacques Scerri (430079M) respectfully pleaded:
That this Honourable Court orders the issuing of a warrant of eviction against the respondent (from the under mentioned premises) in execution of the under metioned judgementand whereas the respondent failed to do this till this day.
Premises: 27, ‘Dingli’ Triq is-Salib, Naxxar.
Judgement: Judgement given by the Rent Regulation Board in the names above premised and dated 28th June 2012 (Application Number 27/2012 GG) in virtue of which the Board ordered the eviction of the same respondents within twenty one days (21) from the date of judgenment.
Sgd. Advocate Sarah Scicluna.
Sgd. PL Katrina Zammit Cuomo.
Filed by PL Katrina Zammit Cuomo, with one doc.
Applicant: c/o JJ Scerri & Co Ltd, Triq il-Qawsalla, Msida.
Respondents and Execution : 27 ‘Dingli’ Triq is-Salib, Naxxar.
1. Kenneth Bartolo et, 27, ‘Dingli’ Triq is-Salib, Naxxar.
Warrant of Eviction.
Republic of Malta.
To the Court Marshall
Given by the Rent Regulation Board above mentioned with the witness of Dr. Giovanni Grixti LLD, Doctor of Laws, Magistrate.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1602
1602By means of a decree given, by the Civil Court First Hall, on the 10 th May 2012, in the records of the Sworn Application, in the names the Director of Contracts et vs Spiteri Joseph, Sworn Application number 250/2012 FS, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, the names 1) the Director of Contracts and 2) the Chairman Malta Development Corporation vs Joseph Spiteri, on the 20th February 2012, the applicant Director of Contracts, respectfully premised:
That by means of a judgement given on the 27th January 2000,in the cause in the names ‘ The Director of Contracts and the Chairman Malta Development Corporation vs Joseph Spiteri (Writ of Summons Number 710/98 RCP) copy annexed Doc DK1) the applicant was declared a creditor of the respondent in the global amount of Lm 1,648.06 today equivalent €3838.95 as well as the expenses of the cause.
That althopugh the respondent was called to pay he remained in default.
That from the date of the judgement there lapsed more than ten years and thus the applicant requires the authorisation of this Honourable Court.
Thus in the light of the above the applicant asks this Honourable Court so that in terms of Article 258(a) of Chapter 12 of the Laws of Malta it renders executable once again the judgement given on the 27th January 2000, in the names the Director of Contracts and the Chairman Malta Development Corporation vs Joseph Spiteri (Writ of Summons nunmber 710/98RCP)
With costs, against the respondent Joseph Spiteri.
Interpellant: Director of Contracts: Notre Dame Ravelin, Floriana.
Respondent: Joseph Spiteri, St. Mary Triq il-Qrendi, Mqabba.
The Sworn Application in the names the Director of Contracts et vs Spiteri Joseph , application number 250/2012 FS, has been put off for hearing to the 23rd October 2012, at 10.15 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1603
1603By 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 1604
1604By means of a decree on the 27th August 2012, in the records of the judicial letter number 2214/12, in the names Joseph Alford et vs Francis Agius the Court of Magistrates (Malta) 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 Francis Agius of 43, Isouard Street, Sliema on the 23rd August 2012, Josephine Alford (I.D. 194241M) of The Alamo 4, Qrib San Anton, Attard and Lawrenza Micallef (I.D. 455302L) of Inchmahone, Triq l-Imdina, Attard heirs of the late Anthony Vella (I.D. 88928M), calls upon you so that within four days you pay the sum of €555 representing three rent installments ofthe premises 43, Isouard Street, Sliema, rented to you with the rent of the€185 per year in advance, relatively to the period from the 1st January 2010 til the 31st December 2012.
In default the interpellants will have no alternative but to proceed against you according to law with further costs.
So much so that you may know how to proceed and to avoid unnessary costs.
With costs andinterest according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1605
1605By a decree of the Small Claims Tribunal of the 25th June 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 15th March 2012 whereby they asked the Tribunal to condemn Carmelina Cassar (2020440P) of 69, Triq ix-Xatt, Pietà, to pay the plaintiff company the sum of €953.93 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 218/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1606
1606By a decree of the Small Claims Tribunal of the 5th June 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) ofTelgħet Spencer, Marsa, MRS 1950, filed a Claim on the 15th March 2012 whereby they asked the Tribunal to condemn Carol Ann Price (I.D. 56859A) of Darmaine House, Triq il-Wileġ, Qawra, San Pawl il-Baħar, to pay the plaintiff company the sum of€581.22 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 223/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1607
1607By a decree of the Small Claims Tribunal of the 5th June 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 7th March 2012 whereby they asked the Tribunal to condemn Ramona Camilleri (I.D. 75090M) ofSunset, Flat 1, Triq Mons. Anton Cilia, Ħaż-Żebbuġ, to pay the plaintiff company the sum of €1,200.42 which amount is due to the plaintiff company.
With costs and interest.
The case (Claim Number 193/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1608
1608By a decree of the Small Claims Tribunal of the 6th 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).
Go plc (C22334) ofTelgħet Spencer, Marsa, MRS 1950, filed a Claim on the 13th March 2012 whereby they asked the Tribunal to condemn Godwin Lucas (I.D. 469758M) of 56, Ipanema, Triq Hookham Frere, Pietà, to pay the plaintiff company the sum of€2,122.95 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 209/12DMA) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1609
1609By a decree of the Small Claims Tribunal of 8th 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).
Martin Gravina (I.D. 441653M) and Maria Concetta Gravina (I.D. 435957M) of Marcon’s Nest, Triq Ħal Reżqun, Gudja, filed a Claim on the 29th March 2012 whereby they asked the Tribunal to condemn Ul Noor Zia of Maple Leaf, Triq tal-Ibraġġ, Swieqi, to pay the plaintiffs the sum of €830.73 which amount is due to the plaintiffs.
With costs.
The case (Claim Number 273/12KPS) is put off on the 11th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1610
1610By a decree of the Small Claims Tribunal of the 25th June 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 13th March 2012 whereby they asked the Tribunal to condemn Daniela Lanzon (I.D. 314982M) of6, Triq Antonio u Maria Cumbo, Fgura, to pay the plaintiff company the sum of €608.17 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 208/12KPS) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1611
1611By a decree of the Small Claims Tribunal of the 6th 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).
Go plc (C22334) of Telgħet Spencer, Marsa, MRS 1950, filed a Claim on the 23rd March 2012 whereby they asked the Tribunal to condemn Joseph Mallia (I.D. 704044M) of 20, Triq Brighella, Ħamrun, to pay theplaintiff company the sum of €556.70 which amount is due to the plaintiff company.
With costs and legal interest.
The case (Claim Number 254/12DMA) is put off on the 10th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1612
1612NOTICE
Whereas the plaintiff Randolph Azzopardi (I.D. 641082M) filed an application under oath (No. 106/12 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Jacob Milan number 2135/2006 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,
Rita Mangion
For Registrar, Civil Courts and Tribunals
Notice 1613
1613By a decree of the Court of Magistrates (Malta) of the 19th September 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).
Elmo Insurance Limited (C3500) of Abate Rigord Street, Ta’ Xbiex, filed a Claim on the 3rd October 2011, whereby they asked the Court to condemn F.G.S. Construction Ltd and Jesmond Falzon (I.D. 396667M) of c/o Paul Rock Isle, Lions Well Street, Rabat to pay the plaintiff company the sum of €7,879.05 representing amount due to the plaintiff company.
With costs and interests.
The case (Notice Number 335/11FDP) is put off on the 15th October 2012 at 9.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1614
1614By a decree of the Small Claims Tribunal of20th September 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).
Vodafone Malta Limited(C-10865) of Vodafone House, Imsida Valley Road, Birkirkara filed a Claim on the 8th June 2011 whereby they asked the Tribunal to condemn Sebastian Francis DeBono (I.D. 351584M) of12, Debonville, Triq il-Qrempuċ, San Ġwann, to pay the plaintiff company the sum of €1319.62 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 471/11GB) is put off on the 5th October 2012 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1615
1615By a decree of the 30th August, 2012 given by the Court of the Magistrates, 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).
That by the application filed by Rose Conti the 11th July 2012 is asking for the withdrawal of the amount of €878.17 deposited by the Schedules of Deposit numbers 481/81, 776/82, 676/84, 751/85, 628/86, 641/87, 727/88, 1133/89, 863/90, 709/91, 817/92, 1656/93 u 839/94 in the names of:
John Dimech vs Ercole Cauchi
The Court ordered the notification of this application with two (2) days notice for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 1616
1616By a decree of the Small Claims Tribunal of the 22nd 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).
13 Distributions Ltd (C21976) of Actel Buildings, 316, Rue d’Argens, Gżira filed a Claim on the 3rd April 2012 whereby they asked the Tribunal to condemn Marphil Gauci (I.D. 584392M) ofKarlu Darmanin, Blk 3, Fl 6, Triq Karlu Darmanin, Kirkop, to pay the plaintiff company the sum of€1,209.50 the amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 278/12KPS) is put off on the 11th October 2012 at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1617
1617By means of a decree given, by the Court of Appeal, given on the 11th September 2012, in the records of the Application number 928/02 JA, in the names Marija Teresa Vella pro et noe vs Andrew Penza et, ordered the following publication for the purpose of service of the respondents Martin and Anna spouses Croucher, in terms of Article 187(3) of Cap. 12.
By means of a Reply of appeal and incidental appeal of Darkar Building Construction Limited, Writ of Summons 928/2002 JA, Maria Theresa Vella in her own name and as mandatary of her brothers and sister Carmelo Penza, Agnes Mangion, Frances Frendo, Mary Cini, Maria Dolores McMaman, Salvu Penza, Josephine Cini, Cecilia Fenech, Mary Rose Sharp and Andrew Penza vs 1. Andrew Penza, 2. Darkar Building Construction Limited and for any interest they may have3. Carmel and Catherine spouses Cardona, 4. Giorgina Curmi and by decree of the 27th June 2007, the surname Curmi was changed to Mallia, 5. Martin and Anna spouses Croucher, 6.David and Maria Dolores spouses Parnis, 7. Joseph and Carmen spouses Barbara, 8. Andrew and Patricia Costa, 9)Raymond and Josephine spouses Bajada, 10. Louis and Josette spouses Camilleri, 11. Joseph and Pauline spouses Aquilina, on the 13th March 2009, Darkar Building Construction Limited, respectfully pleaded:
That the appeal filed by Andrew Penza is unfounded and is to be rejected with costs and this since the appellant had every opportunity to bring forward his proof and once he did not bring them forward he cannot expectthat the Court of Appeal do what the Court of First Instance should have done.
That the applicant is availing himself of this appeal reply to file an incidental appeal.
That by means of a Writ of Summons, filed on the 12th August 2002, the plaintiffs premised that by means of a contract of partition and assignment of the 25th August 1986 records Notary George Cassar, between Francis, Andrewand Gaetano Penza, Francis Penza father and predecessor of the plaintiffs was assigned three portions of land in Ta’ Gonzales, Ħal Luqa, marked B1, B2, and B3, in the plan attached with the said contract ...omissis... and left in common another contiguous land to serve as access for the plots in partition.
They alleged that Andrew Penzabuilt on part of the plots assigned to him but invaded and built on part of the common property rerserved as access.
The plaintifs demanded that it be declared that the plaintiffs are the owners of the land Ta’ Gonzales Hal Luqa, marked B1, B2 and B3, on the plan attached with the said contract of the 25th August 1986, in the records of Notary George Cassar.
That in virtue of the judgement of the First Hall Civil Court, of the 21st May 2008, the Court, decided by upholding the first, the second, the fourth and the fifth and sixth demand of the plaintiffs and as regards the sixth demand it ordered that the defendant Penza pay as compensation to the plaintiffs the sum of €74.653.16 and the company Darkar Limited to pay also to the plaintiffs the sum of €44,378.13 and abstained from taking cognizance of the other demands.
That the applicant felt aggrieved by part of this judgement and is thus filing the present appeal.
That the facts in brief are the following.
...omissis...
That the grievance is clear and manifest and consists in the following:
1. That when the applicant acquired the property by means of a contract in the records of Notary Pierre Falzon, herein mentioned he acquired this property in good faith and built or rather developed the same land on the lines given to him by the vendor Andrew Penza. He passed on to build the same property and sold part of it to the other defendants and the applicant upholds that in the same manner the other defendants were completely freed except for the head of costs, by the same reasoning of the Court of First Instance he should have been freed.
The whole problem in this cause arose exclusively due to the behaviour of the defendant Andrew Penza and in the same manner that the co-defendants were not held to blame the applicant should not be blamed for the mistake of Andrew Penza and consequently any compensation payable to the plaintiffs should be paid exclusively to the defendant Andrew Penza and not the applicant.
2. That without prejudice to the above and subsidiarily since the applicant acquired the property from Andrew Penza, it is humbly submitted that in any case if the applicant shall be held responsible also for the payment of the sum as liquidated by the Honourable First Court or as can be liquidated by this Court, the defendant Andrew Penza should similarily be condemned to pay such compensation with the applicants.
3. In the third place the quantum liquidated is exagerated.
Thus the applicants whilst referring to the proof produced and reserve to produce that further proof permissible to him according to law, respectfully prays that this Honourable Court, reforms the judgement appealed in the sense that therebe cancelled that part whereby the appellant company be condemned to pay €44,378.13to the applicants and part of the expenses or in case that this demand is not upheld and in case he is condemned to pay any amount to the plaintiffs, the same amount be added with the amount which is to be paid to the defendant Penza which in this added part be held responsible in solidum,and furthermore the compensation payable to the plaintiffs be reduced.
With costs.
Notify: Martin and Anna Croucher, 39, Alcove, Triq Michelangelo Sapiano, Luqa.
The Application of Appeal in the names Maria Teresa Vella pro et noe vs Andrew Penza et, application 928/2002 JA, has beenput off for hearing to the 29th October 2012, at 10.30 a.m.
Adv. Frank Portelli,LL.D