Mur Lura
Court Notices published in Govt. Gazette No. 19,028 of the 8th February 2013
01/01/2013
Notice 213
213By means of a decree given on the 23rd January 2013, by the Civil Court First Hall, in the records of the Sworn Application, in the names HSBC Bank Malta plc vs Micallef Joseph Robert, application number 557/12 AF, the following publication was ordered for the purpose of service of the respondents spouses Micallef, in terms of Article 187(3) of Chapter 12.
By means of an application filed in the First Hall Civil Court, in the names HSBC Bank Malta p.l.c. (C 3177) vs Joseph Robert and Emiliana spouses Micallef (I.D. 347789M and 188576M respctively, on the 31st May 2012, the applicant company HSBC Bank Malta p.l.c. in terms of Article 258(c) of Cap. 12 of the Laws of Malta, and as represented respectfully pleaded:
That by means of a contract of loan and sale in the records of Notary Angele Rapa, dated 27th December 1997, (Doc HSBC 1 hereby annexed) the respondents Joseph Robert and Emiliana spouses Micallef were confirmed debtors of the applicant Bank;
That although various payments were paid the respondents remained debtors of the applicant company;
That more than three years lapsed from the date of the contract and the applicant company is by means of the present demanding the authorisation of this Honourable Court, in terms of article 258 (c) of Chapter 12 of the Laws of Malta, to execute this same title against the respondents, for the balance which is still due;
Thus the applicant company, respectfully prays that this Honourable Court,authorise the applicant company to pass on to the execution of the same executive title above mentioned since there passed more than three years from the date of the same contract and that the debt has not been completely settled and this in terms of Article 258(c) of Cap. 12 of the Laws of Malta which stipulates that the applicant has: ‘to confirm under oath the type of the debt ...which is sought to be executed and that the debt or part of it is still due’.
Notify: Joseph Robert and Emiliana Micallef,
(Separate Service)
Tal-Grazzja, Flat 1, Triq Santa Rita,
Marsa.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 214
214AUCTION NO. 45/2012
By a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 20th November 2012 in the records of the sworn application 139/2007 in the names of “Rita Muscat et vs Joseph Muscat et”, the day of Monday, 15th April 2013 at 10.00 a.m., has been fixed for the SALE BY LICITATION, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:
1. Tenement number 41, in Triq ir-Ramla, Nadur, Gozo, not including the pen, valued at €105,000.
2. The land where there was once build tenement number 21, at Triq Ramla, Nadur, Gozo, which today is destroyed, including the room underlying the property belonging to third parties (known as tat-Taljan), valued at €129,000.
The said tenements are the property of the heirs of John u Carmela spouses Muscat
N.B. The said tenements will be sold as described in the reports by AIC Teddie Bussutil dated 7th February 2011 and which are found on pages 361 and 363 of the acts number 139/2007.
Jaclyn Magrin
For the Registrar,
Gozo Courts and Tribunals
Notice 215
215By a decree of the 12th November, 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 Tabib Prinċipali tal-Gvern on the 20th September 2012 is asking for the withdrawal of the amount of €2,221.62 deposited by the Schedule of Deposit number 1787/12 in the names of:
Chief Government Medical Officer vs Elena Corduta Christian.
The Court ordered the notification of this application with five (5) days notice for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 216
216By a decree of the 23rd January, 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 Charles Grech & Co. Ltd on the 19th November 2012 is asking for the withdrawal of the amount of €3,680.07 deposited by the Schedule of Deposit number 2323/12 in the names of:
Charles Grech and Co. Ltd vs Dr Clarence Busuttil and Bay Catering Limited.
Lorraine Attard vs XL Projects Limited and Dr Clarence Busuttil.
The Court ordered the notification of this application with four (4) days notice for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 217
217By a decree of the 20th November, 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 MM2 on the 30thJuly 2012 is asking for the withdrawal of the amount of €2,433.52deposited by the Schedule of Deposit number 999/12 in the names of:
Bianchi & Bianchi Ltd (C1104) vs Salv Bezzina & Sons Ltd (C350)
MM2 Ltd vs Salv Bezzina & Sons Ltd (C350)
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 218
218By means of a decree given, by the Civil Court First Hall, on the 18th January 2013, in the records of the Application for Revocation, in the names Madliena Village Limited vs Paul Caruana et, application number 1147/12 SM, the following publication was ordered for the purpose of service of the respondent Madliena Village Limited, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the Records of the Precautionary Garnishee Order with number 1616/11, in the names Madliena Village Limited vs Paul Caruana and MAC Properties Limited, on the 20th November 2012, the applicant AWB Limited (C 36026) respectfully pleaded:
That the applicant company refers to the records of the present precautionary garnishee order which warrant was followed by a cause in the names premised and which cause bears the number 1145/2011 SM, whereby the creditor, is alleging that it is the owner of the Penthouse 709 in Madliena Village, Madliena, which property is presently leased to the Dutch Embassy by the debtor Paul Caruana.
That the creditor company in fact included the Dutch Embassey as Garnishee in the records of the present warrant.
That theapplicant company points out that the present lease includes also the ‘adjoining garage’ which is leased to the sameDutch Embassy.
That Paul Caruana had all the necessary authority from the applicant company to grant on lease the said garageto third parties and recieve the payment for the relative lease for the same however, it is clear that this lease is due to the applicants as owner of the garage de quo and not to Paul Caruana or the creditor and thus the relative lease for the garage should not be subject to the effects of this warrant.
That despite that it results from the lease agreement that the penthouse and the garage were granted on lease together and in virtue of one lease of €2,000, it was calculated that the relative lease for the garage in question is one of circa €800, monthly.
Thus in the light of all that above mentioned, the applicant company prays that this Honourable Court:
1. Partially revokes the effects of the present warrant specifically as regards that relating to the lease of eight hundred ewro (€800) monthly in connection with the lease of the ‘adjoining garage’ which is due by the Dutch Embassey to Paul Caruana, on behalf of the applicant company, so that the same Dutch Embassey, be free to pay the relative lease for the garage in question to Paul Caruana on behalf of the applicants or directly to the applicants as owners of the same garage;
2. Authorise the applicant company to withdraw the arrears of lease of rent of eight hundred ewro (800) monthly in connectionwiththis garage which were deposited by the Dutch Embassey, in the Registry of this Honourable Court, from the date of the present garnishee order till this day and this for every instalment which has already become due.
and this under those provisions it deems fit and opportune.
Notify: Madliena Village Limited, Administrative Office, Fortizza Road, Madliena.
Madliena Village Limited, Villa Marque, Madliena Village, Fortizza Road, Madliena.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 219
219By a decree of the Small Claims Tribunal of 24th January 2013, 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 p.l.c. (C22334) of Spencer Hill, Marsa, MRS1950,filed a Claim on the 13th July 2012 whereby they asked the Tribunal to condemn Eleanor Vella Mintoff(I.D. 165180M) of 137, Bognor Mansions, Flat 5, Triq Sant’Antnin, San Pawl il-Baħar, to pay the plaintiff company the sum of €323.78 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 489/12NHV) is put off on the 18th February 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 220
220By means of a decree given, by the First Hall Civil Court, on the 7th January 2013, in the records of the Sworn Application, in the names Anking Construction Limited vs G.M.F. Precast Limited, application number 400/11 FS, the following publication was ordered for the purpose of service of the company Anking Construction Limited, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the Records of the Precautionary Garnishee Order with number 391/2011 and in the names Anking Construction Limited (C 22348) vs G.M.F. Precast Limited (C 11521) on the 19th April 2011, the commercial partnership G.M.F. Precast Limited (C 11521) humbly asked this Honourable Court, for the reasons mentioned in the application:
1. To order that the Precautionary Garnishee Order Number 391/2011 becompletely revoked and this in terms of Article 836 (1) (a) of Chapter 12 of the Laws of Malta and uphold the other demands in the application.
Debtor Applicant Company: GMF Precast, St Mary Str, Magħtab, limits of Naxxar.
Creditor Respondent Company: ‘Speedcraft’, Triq Napuljun, Żurrieq.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Court Warrant
221By means of a decree given by the Civil Court First Hall, on the 24th May 2012, in the records of the Warrant of Prohibitory Injunction number 350/12 GC, in the names F.A. Limited vs Photo Play Malta Limited, the following publication was ordered for the purpose of service of the respondent company Photo Play Malta Limited, in terms of Article 187(3) et. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names (Applicant) F.A. Limited (C 38734) against the (Respondent) Photo Play Malta Limited (C 43358) on the 15th March 2012, the applicant F.A. Limited respectfully pleaded:
That the applicant in order to secure the credit hereunder mentioned against the respondent, humbly prays this Honourable Court, to order the issuing of a Warrant of Prohibitory Injunction, against the respondentso that it be held from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title and property and in particular;
a) the showroom without number with the name ‘Casa Italia’ forming part of a block without number indicated asBlock C, Garden Buildings, in Labour Road, Żabbar, as described in this Warrant.
g) garage without number and name forming part of a block without number indicated as Block C, Garden Buildings, which garage has an entrance from Triq Gianni Bonavia, Żabbar, as described, in this Warrant,
which properties form part of a larger complex of buildings, which border with Labour Road, on the West with Triq Gianni Bonavia and on the East with property of Corinne Ramsey or her successors in title on the South West.
That the parties have entered into a contract of lease dated 18th March 2009, in virtue of which the respondent took on lease from the applicant the vehicle of the type Citroen Nemo for a period of 6 years.
That the respondent is in delay in various payments, thus Article 12 of the same agreement comes into force.
That presently there is due the amount of €5,433.65 by way of arrears of rent, whilst the preliquidated and due damagesamount to €17,314.47 and thus the total amount due, besides legal interest amount to €22,748.12.
That duly called upon to pay the amount above indicated, the respondent remained in default.
That from the same searches it appears that the properties above indicated are hypothecated in favour of the Banks regarding loans made by the same respondent.
That for this reason in case this Warrant is not definitely upheld, it may happen that the prejudice that the applicant may suffer cannot be remedied.
Thus the applicant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction against the respondent.
Credit: €22,748.12.
Title: Amount due representing arrears of rent and damages preliquidated resulting from a contract dated 18th March 2009.
Confirmed before under oath after I read itscontents and in the presence of as witness of idenity and presented by PL V. Rossignaud with one document.
Warrant of Prohibitory Injunction.
Republic of Malta
To The Court Marshall
Whereas the above application was filed and there recurr the necessary elements according to law for the undermentioned orders.
And after doing this and if you encounter any difficulty in the execution of this warrant you are to inform this Court immediately.
Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Gino Camilleri, LL.D., Doctor of Laws.
Applicant: 50, Msida Seafront, Msida.
Respondent: ‘Casa Italia’, Labour Rd, Żabbar.
Execution: 1) Director Public Registry.
2) Land Registrar.
The Sworn Application Warrant of Prohibitory Injunction in the names F.A. Limited vs Photo Play Limited, application number 350/12 GC, has been put off for hearing to the 7th February 2013, at 11.45 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 222
222By means of a decree given, on the 1st February 2013, by the Rent Regulation Board, in the records of the Sworn Application, in the names Spiteri C.S. Limited vs Martin Buhagiar et, application number 97/12 GG, the following publication was ordered for the purpose of service of the respondent Marthese Buhagiar, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Spiteri C.S. Ltd (C 31058) vs Martin Buhagiar (I.D. number 656561(M) and Marthese Buhagiar (I.D. number 369056M) on the 3rd December 2012, the applicant Spiteri C.S. Ltd (C31058) asked the respondents, to state why this Honourable Board should not:
i) Dispense with hearing of the cause in terms of Article 16A et sequitur of Cap. 69 of the Laws of Malta, declare that the respondents or either of whom pay the sum of €1,118 which is a sum due as rent, since the property became part of the assets of the property of the applicant company and uphold the other demands in the application, amongst which, that the respondents, vacate the premises, 32, Triq San Lazzru, Cospicua.
Applicant: Spiteri C. S. Ltd, Julian House, Mdina Road, Qormi.
Respondents: ....omissis... Marthese Buhagiar, 33, Triq San Lazzaro, Cospicua.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 223
223NOTICE BY THE REGISTRY
OF THE CIVIL COURT – FIRST HALL
Whereas Marisa Critchley (I.D. 70472M) filed an application under oath (No. 111/2013 JA) demanding CORRECTION in her ACT OF BIRTH number 704/1972 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 224
224NOTICE BY THE REGISTRY
OF THE CIVIL COURT – FIRST HALL
Whereas Carmelo Pace (I.D. 174156M) and Emanuel Pace (I.D. 435854M) filed an application under oath (No. 84/2013 JA) demanding CORRECTION in the ACT OF BIRTH number 4696/1919 and in the ACT OF DEATH number 74/2012 of their mother Jessie Pace 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 225
225By means of a decree given on the 7th November 2012, by the Civil Court (Family Section) in the names Bonavia Joseph vs Galea Amanda, application number 384/12 RGM, 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 Civil Court (Family Section) Application Number 384/12 RGM, in the names Joseph sive Josef Bonavia I.D. 117073M (Luana, Triq l-Isqof Pietru Pace, Paola) vs Amanda Galea I.D. 381674M) (29, Triq Sant Andrea, Birżebbuġa) on the 26th June 2012, the applicant Joseph sive Josef Bonavia, asked this Honourable Court;
to declare that his marriage with Amanda Galea as dissolved and that the parties are divorced for all effects of law and uphold the other demands in the application.
The Sworn Application in the names Bonavia Joseph vs Galea Amanda, application number 384/12 RGM, has been put off for hearing to the 14th March 2013, at 9.00 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 226
226By means of a decree given on the 10th December 2012, by the First Hall Civil Court, in the records of the Sworn Application in the names Svetlana Kaminskaya vs Roger Attard, application number 340/11 FS, the following publication was ordered for the purpose of service of the respondent Roger Attard, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the records of the Sworn Application Number 340/11 FS, in the names Svetlana Kaminskaya vs Roger Attard, the insuring company Middlesea Insurance p.l.c. (C -5553) which was authorised to intervene in statu et terminis in the present cause by this Honourable Court, by means of a decree given during a sitting held before it, on the 3rd July 2012, respectfully pleaded and John Lentini (holder of identity card 406557(M) in representation of the insuring company declared and confirmed the following facts;
1. That as regards the facts declared by the applicant in its sworn application, the same applicant is to bring forward all the proof to substantiate all the allegations brought forward and namely that the street accident in question allegedly occurred solely due to the fault of defendant Roger Attard, due to negligence, carelessness and lack of observance of the regulations on the part of the same defendant.
2. That subordinately and without prejudice to the above, the applicant has to prove the actual damages it suffered.
3. That the insuring company is reserving every right and action due to it under the laws of Malta, particularly, but not limitidely under the provisions Regarding the MotorVehicles Insurance for Third Party Risks (Chapter 104 of the Laws of Malta) against the defendant Roger Attard, for the imdenification of all the damages it suffered and it may suffer.
4. Saving any other pleas according to Law.
With all thecosts, against the applicant.
B. Declaration of Facts.
Notify: Roger Attard, 110, Flat 4, Chris, Triq is-Sidra, Swieqi.
Kappara Crt, Flat 6, Triq il-Buqrajq, Kappara, San Ġwann.
The Sworn Application in the names Kaminskaya Svetlana vs Attard Roger, application number 340/11 FS, has been put off for hearing to the 4th March 2013, at 9.15 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 227
227By meansof a decree given, by the First Hall Civil Court, on the 31st October 2012, in the records of the Sworn Application, in the names Jet Services Limited (C 16337) vs Alfaran Trailers Maintenance and Logistics Services Limited, application number 621/12 MCH, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) et. of Cap. 12.
By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Jet Services Limited (C 16337) vs Alfaran Trailers Maintenance and Logistics Services Limited (C 31341) on the 18th June 2012, the applicant Jet Services Limited (C 16337) asked this Honourable Court:
1. To declare that the defendant company is solely responsible for the damages and defects in the merchandise which was being carried in the trailer which was involved in the street accident mentioned in the application of the 18 th June 2011, liquidate the damages suffered by the plaintiff company and for which the defendant company, is to blame and uphold the other demands in the application.
With costs and legal interest against the defendant company, from summoned so that a reference to its evidence be made.
Plaintiff Company: Jet Services Limited, ‘Freeza Building’ Triq Notabile, Mrieħel, Birkirkara.
Defendant Company: Alfaran Trailers Maintenance and Logistics Services, Industrial Site, Birżebbuġa.
The Sworn Application in the names Jet Services Limited (C 16337) vs Alfaran Trailers Maintenance and Logistics Services Limited, application 621/12 MCH, has been put off for hearing to the 4th March 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals