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Court Notices published in Govt. Gazette No. 19,007 of the 21st December 2012
01/01/2012
Notice 2085
2085By decree given by the CIVIL COURT, FIRST HALL on 11th December 2012, on the application of SANT RITA, Tuesday, 29th January, 2013 at 11.30 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 2086
2086By means of a decree given on the 30th November 2012, by the Court of Appeal, in the records of the Application of Appeal, in the names Maresco Trading Limited vs Samir R. Raichoora, application number 61/07 AE, 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 an Application, filed, in the Court of Appeal(Superior Jurisdiction) Sworn Application Number 61/07 AE, Maresco Trading Limited (C 16709) vs Samir R. Raichoora (English Passport 500197869) on the 8th October 2012, the applicant company Maresco Trading Limited (C 16709) respectfully pleaded:
1.That by means of a sworn application filed on the 17th January 2007, the respondent plaintiff company premised that;
1. That the plaintiff had been requested to supply and install two aircondition systems inside two apartments and namely Flats 209 and 311, Town Square,Qui si Sana.
2. That the objects and the relative work was made solely to the benefit of the defendant.
3. ...omissis...
4. ...omissis...
5. Called upon to pay the defendant, remained in default.
6.Thus the applicant demanded and obtained the issue of a warrant of description on the objects and since the defendant remained in delay the applicant had no alternative but to proceed with a cause. and asked the Court so that:
1. It condemns the defendant to pay the balance of €21,532.87 representing balance on the price of merchandise sold and works carried out as stated in this writ of summons. With costs and with interests.
2. That against these demands the defendant brought forward the following pleas.
1. That in the first place the cause in the names premised is to be considered as deserted in terms of Articles 963 and 964 of Cap. 12 of the Laws of Malta.
2.That subordinately and without prejudice to the above the demand of the plaintiff company is unfounded in fact and at law since the respondent has no contractual bond with the plaintiff company.
3. That furthermore and without prejudice the respondent, appointed the company ‘Creations the Ultimate in Bathroom Elegance Limited, to carry outworks solely in his appartment with number 311, Town Square, Qui SI Sana and gave no appointment regarding the appartment number 209, Town Square, Qui si Sana, which appartment belongs to third parties.
4. Thus the applicant pleads;
...omissis...
3. That by means of a judgement of the 27th October 2009, a preliminary judgement was given in the cause in the names premised whereby the first plea of the respondent was denied (today respondent).
4. That by means of a judgement of the 18th September 2012, in the cause in the names premised the First Hall Civil Court, after it considered that;
‘After the Court, had the opportunity to hear the parties give their evidence and also saw the documents is of the opinion that the letter of the 6th April 2005, is in itself a proof that payment of the airconditioners had to be made by the defendant ‘.
...omissis...
It results that Maresco had made two estimations, one to the plaintiff and the other to Michael Nagata. The appartment number 209 is not the property of the defendant. Thus the plaintiff’s premise on which the cause is built that the objects supplied and the relative work was made solely to the benefit of the defendantis wrong and this as shall proved during the hearing of the cause ...omissis...What interests us is whether the defendant is responsible to pay for the units which were placed in someone else’s property.
According to Article 187(1) of the Civil Code.
(1)When the mandataryhas acted in his own name, the mandator cannot act against those with whom the mandatary has contracted and they cannot act against the mandator.
(2) But in this case, the mandatary is bound directly towards the person with whom he has contracted as if it were his own affair’.
In the opinion of the Court, no proof was brought forward to convince the Court, that the defendant had contracted in his own name for the purchase of airconditioners which were placed in the apartment of Nagata or which at any time after the agreement was reached which brought about novation ex parte debitoris ...omissis... It was so clear that the defendant was appearing in the interest of a third partythat the estimation was not issued in his name.
4. The payment due by th defendant according to the estimation issued by Maresco is (€19,817.84) in all. From the accounts it results that a payment of (€19,799.67) was made and thus there remains a balance of (€18.17) which is due by the defendant.
decided by saying:
1.That it rejects the second plea, with costs at the charge of the defendant.
2. Upholds the plea number 4.3 and rejects the plaintiff’s demands as regards the payment which it is expecting from the sale of the circonditioners which were placed in the apartment number 209 Town Square, Qui si Sana, in so far as the plaintiff, is not the right defendant. Thus frees him from the observance of the judgement in so far as the payment related to the sale of the airconditioners of apartment number 209.
3. Condemns the defendant to pay the plaintiff the sum of €18.17 with interest from the service of the sworn application.
Expenses at the charge of the plaintiff.
3. That the applicant felt aggrieved with the said judgement of the 18th September 2012 and thus is humbly filing an appeal therefrom.
4. That the grievances of the plaintiff company are clear and manifest and consist in the following;
4.1. That in the first place the judgement appealed is unjust because whilst it acknowledged that the respondent defendant was acting also for a third personwhen he contracted withthe appellant, it failed to order him to honour those obligations by making the relative payment.
4.2. That in the second place the judgement appealed states that in the premises of the writ of summons it is stated that the objects and relative works were made solely to the benefit of the defendant. Thus account cannot be taken of the part of the debt for which the respondent defendant was acting as mandatary not on his own behalf.
4.3. That however in the third place and without prejudice to the above it is to be stated also that the second premise of the sworn application is not necessarily to be understoodor bring aboutthe consequences contemplated by the Court of First Instance.
4.4. That in the fourth place the judgement appealed ordered only the payment of the interests from the date of service of the sworn application. It is clearthat the interests are due as demanded in the sworn application. And namely from the date of the relative invoices because from that day that payment was due. The judgement appealed failed to give any reasoning for the decision regarding the interest.
4.5. That in the fifth place the Court of First Instance did not grant any expenses for the precautionary and interpellatory actswhich the appellant had to make to try and recover the amounts due to her , as demanded in the sworn application.
4.6. That in the sixth place, the judgement appealed is factually and legally mistaken as shall be proceed in detail during the Appeal pleadings.
5. Thus, for all the reasons above brought forward andthe reasons brought forward during the pleadings of this appeal and whilst referring to the proof in the records and all the proof that can be brought forward before this Honourable Court, according to law, the appellants humbly ask thatthis Honourable Court, reform the judgement appealed, of the 18th September 2012, in the names premised, as demanded in this application.
Appellant: Maresco House, Triq is-Siġġiewi, Żebbuġ.
Respondent: Fort St. Angelo Mansions, Blokk 1, Apartment 132, Vittoriosa Marina, Vittoriosa.
Reġistry of the Superior Courts, (Appeals) today 18th December 2012.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Court and Tribunals
Notice 2087
2087By decree given by the CIVIL COURT, FIRST HALL on 8th November, 2012, on the application of BANK OF VALLETA PLC, Thursday, 17th January, 2013 at 11.00 a.m., has been fixed for the SALE BY AUCTION,to be held in THE FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property.
Apartment internally numbered three hundred and seven (307), forming part of a block of apartments and maisonettes, no officially number and named ‘Saint Agatha Residence’, Vjal Indipendenza, Żurrieq, free and unencumbered, not subject to any burden and/or servitudes other than those which are apparent and arising from its position which are mentioned in the file, and with all its rights and appurtenances valued at ninety eight thousand euro (€98,000).
The said tenement is the property of ELLUL DUNCAN DOMINIC (I.D. 309577M).
N.B. The said tenement will be sold as described in the acts of the file number 52/12.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 2088
2088By a decree of the 18th December 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 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 14th of December 2012, the approval of the said judicial acts is being demanded for the amount of twenty-four thousand euro (€24,000) following judicial sale by auction 72/11 in the names Bank of Valletta plc vs Casha Joseph, held under the Authority of the said Court on the 11th of December 2012.
According to Article 338(2) of Cap. 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.
KEVIN CARUANA
For the Registrar, Civil Courts and Tribunals
Notice 2089
2089By a decree of the 18th December 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 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 11th of December 2012, the approval of the said judicial acts is being demanded for the amount of forty-eight thousand nine hundred euro (€48,900) following judicial sale by auction 35/12 in the names Bank of Valletta plc vs Falzon Kevin (Patrick Valentino et noe), held under the Authority of the said Court on the 6th of December 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.
Kevin Caruana
For The Registrar, Civil Courts and Tribunals
Notice 2090
2090NOTICE BY THE REGISTRY OF THE
CIVIL COURT – FIRST HALL
Whereas Maria Rosa Busuttil Dougall (I.D. 799451M) filed an application under oath (No. 1239/2012 JA) demanding CORRECTION in her ACT OF BIRTH number 7994/1951 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,
Mario Debono
For Registrar, Civil Courts and Tribunals
Notice 2091
2091IT IS hereby notified that by virtue of a decree delivered on the 11th December 2012 the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the following notice for the purposes of service of the banns in terms of section 931(3) of Cap. 12 of the Laws of Malta, and this in relation to respondent Goran Bogdanovic who at present is away from Malta.
The company Bank of Valletta plc of Republic Street, Victoria, Gozo filed a judicial letter in the Registry of the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, on the 7th March 2012 wherein it called upon Goran Bogdanovic of “Sunshine”, Flat 2A, Triq ta’ Wara s-Sur, Victoria, Gozo, calling upon him to pay it back, within two days from the date of said letter, the amount of €60,563 due to it as loans’ amount, and this apart from interest due from the 2nd February 2012 up to the effective payment. In default, further legal action will be proceeded with.
Whoever is interested to be nominated as a curator on behalf of the said Gordan Bogdanovic, who is away from Malta, is hereby called upon to call at this Registry within six (6) days and make known their interest by means of a note to accept such an appointment and if such declaration is not filed within the stipulated time frame, this court will proceed to nominate an official curator.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the authority of Dr Paul Coppini, a Magistrate of the said Court.
Superior Jurisdiction, General Section,
Anthony Mizzi
For the Registrar, Gozo Courts and Tribunals
Notice 2092
2092By a decree of the 14th November, 2012 given by the First Hall of the Civil Courts, 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 a Schedule of Deposit filed by Ines Debono, on the 12th April, 2012 is depositing the amount of €1,118.00 of ground and sub ground rent annual and perpetual of a field known as “Tal-Mensija” sive “tal-Kejjiel” limits of St. Julians, from the North pertaining to Giuliano Borg, from the South bound with a street going through from Mensija to Ta’ Giorni from the West in part pertaining to Carmelo Sammut and in part with a street in front of Mensija Church and from the East pertaining to Debono Family.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 2093
2093By decree given by the CIVIL COURT, FIRST HALL on the 11th of December 2012, on the application of GAFFARENA MARK ET, Thursday, 21st February, 2013 at 10.30 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.
1. Seven out of twenty-four (7/24) undivided share of the tenement number fifty-five (55), in Triq iż-Żonqor, Marsaskala, granted to third parties by title of lease, otherwise free and unencumbered, which share is valued at twelve thousand euro (€12,000).
2. Seven out of twenty-four (7/24) undivided share of the adjacent tenements number one hundred and forty-four (144), one hundred and forty-five (145) and one hundred and forty-six (146), in Triq San Ġużepp, Ħal Tarxien, which property is free and unencumbered and which share is valued at eighty-five thousand euro (€85,000).
The said tenement is the property of LOUIS CONTI on behalf of ERMINIA CONTI.
N.B. The said tenement will be sold as described in the acts of file number 58/10.
Kevin Caruana
For the Registrar, Civil Courts and Tribunals