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Court Notices published in Govt. Gazette No. 19,025 of the 5th February 2013
01/01/2013
Notice 196
196By a decree of the Small Claims Tribunal of the 7th November 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 20th September 2012 whereby they asked the Tribunal to condemn Margaret Farrugia (I.D. 381559M) of 22, Marylouise, Triq Santa Marija, Ħal Qormi, to pay the plaintiff company the sum of€412.53 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 662/12DMA) is put off on the 6th February 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 197
197By a decree of the Consumer Claims Tribunal of 30th 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).
Christopher Cachia of 17, Palm Springs, Triq Albert Mayr, St Julians STJ 1563, filed a Claim on the 28th June 2012 whereby he asked the Tribunal to condemn Silvio Bartolo for and on behalf of Light Projects Ltd of Flat 10, Quinto Court, Triq Dun Ġużepp Micallef, Mġarr MGR 1380, to pay the plaintiff the sum of €2,139.45 which amount is due to the plaintiff.
The case (CCT Number 245/12) is put off on the 12th February 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 198
198By means of a decree given, on the 28th November 2012, by the Civil Court (Family Section) in the records of the Sworn Application number 27/12 AL, in the names Bugeja Simon vs Bugeja Rita, the following publication was ordered for the purpose of service of the plaintiff, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application, filed in the records of the Application, in the names Simon Bugeja (I.D. 250470(M) vs Rita Bugeja (I.D. 38468M) Application Number 27/12 AL, on the 2nd October 2012, the said Rita Bugeja (I.D. 38468(M) respectfully pleaded:
1. That as regards the first demand of the plaintiff, the defendant, declares that the marriage with her husband Simon Bugeja, irretrievably broke down due to his abusive and violent behavior.
2. That as regards the second demand of the plaintiff, the defendant also wants to live separately from her husband the plaintiff.
3. That as regards the third demand of the plaintiff, the defendant insists that her husband Simon Bugeja, is in an adulterous situation, which has commenced, before the proceedings for consensual separation.
4. That as regards the fourth demand of the plaintiff, the defendant insists that as the fault of the separation is not hers, the provisions of Article 48 of Cap. 16 are not effective in her regard.
5. That as regards the fifth demand of the plaintiff, the defendant,agrees that this Honourable Court should decide on an equitable and just solution.
6. That as regards the sixth demand of the plaintiff, the defendant, states that she has nothing in her possession which she has to return to the plaintiff.
7. That as regards the seventh demand of the plaintiff, the defendant, declares that she has every right to reside in the matrimonial home.
8. That finally as regards the eight and last demand of the plaintiff, the defendant does not oppose.
Saving further pleas.
With costs and the plaintiff who is from now summoned so that a reference to his evidence be made.
Notify: Simon Bugeja, ‘Santa Maria’ Triq l-Għeneb, Żebbuġ (Malta).
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 199
199By a decree of the Small Claims Tribunal of the 2nd November 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).
Mobisle Communications Limited(C24655) of Fra Diego Street, Marsa filed a Claim on the 20th September 2012 whereby they asked the Tribunal to condemn Wahlroos Jatta Maria (I.D. 58598A) of47, Neptune Court, Flat 2, Triq il-Kbira, San Ġiljan, to pay the plaintiff company the sum of€458.66 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 657/12YMS) is put off on the 18th February 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 200
200It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 1st November 2012 in the records of the judicial letter number 1581/12, in the namesMonica Aquilina vs Emil Makram Abdel Malak Wassef 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 Court of Magistrates (Malta) against Emil Makram Abdel Malak Wassef of The Falls, Flat 1, Triq in-Naxxar, Birkirkara, GasanMamo Insurance Limited and Norbert Galdes, on the 20th June 2012, Monica Aquilina (I.D. 795156M) of 14, San Josè, Triq il-Ward, Santa Venera,whilstreference is made to your judicial letter Emil Makram Abdel Malak Wassef of the 11th June 2012, she strongly refute all the allegations therein contained as unfounded in fact and at law and solicit you not to file any useless proceedigs in their respect in connection with the car accident which occured on the 13th April 2012 at about 10.30 a.m. in Triq Dun Karm, Msida between the vehicle driven by her with registration number HAP 868, the vehiclewith registration number DAR 297 insured by you GasanMamo Insurance Agency Limited and driven by Norbert Galdes and the vehicle driven by you Emil Makram Abdel Malak Wassef bearing registration number IBE 362, and this because the same accident occured solely because of your carlessness, lack of skill, negligence and lack of observance of the traffic regulations on your part Norbert Galdes.
And also the applicants solicit you GasanMamo Insurance Limited and Norbert Galdes so that within three (3) days you come forward for the liquidation and payment of damages suffered by them as a result of the same accident.
So much for your own guidance and to avoid costs and further procedures.
This judicial letter is being made for all purposes and effects of Law, particularly but not limitedly for the purpose of interrupting prescription in terms of Cap. 12 and 16 of the Laws of Malta.
With costs and legal interest.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 201
201By means of a decree of the 22nd November 2012 handed down by the First Hall of the Civil Courtsin the records of the judicial letter number 3119/12 in the names Bonavia Properties Limited etvsRita Spiteri, the following publication for the purpose of effecting service in terms of Article 187(3)of Cap. 12 was ordered:
By means of a judicial letter filed in the First Hall of the Civil Courts on the 9th October 2012 against Rita Spiteri (I.D. 87768M) of349,Triq il-Kbira, Mosta,Bonavia Properties Limited (C-14844) of 5, Triq Ġanni Vella, Mosta and C.G. Limited (C 16155) of Carosim, Independence Avenue, Mosta as co-owners of the premises with official numbers 347, 349 and 351 in Triq il-Kbira, Mosta, make reference to the same premises that are currently occupied by you without any valid title at law in so far as such occuaption of the premises in question is abusive and illegal, and accordingly you are hereby being solicited so that immeidately and in any event not later than three days from the service of this judicial letter, you vacate the aforementioned premises and you relase the vacant possession thereof to the applicants.
In default further procedures will be taken against you in Court for the eviction and damages resulting from your illegal occupation and this without any further notice
Kindly be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 202
202By means of a decree of the 4th December 2012 handed down by the First Hall of the Civil Courtin the records of the judicial letter number 2483/12 in the names Emanuel Vella et vs Docklands Limited, the following publication was ordered for the purpose of effecting service in terms of Article 187(3)(et) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Court on the 8th August 2012 against Docklands Limited (C42813) of 18, Drive 41, Triq Thomas Galea, Ta’ Paris, Birkirkara, Emanuel (I.D. 23958M) and Rita (I.D. 398962M) spouses Vella and Emarit Developments Limited (C27902) of 13 Siloam, Triq il-Bennej, Mosta, primarily make reference to a judicial letter filed by you on the 19th July 2012.
That the ammount indicated in the mentioned judicial letter is not due and this as explained on several occasions and in correspondence between the parties.
That therefore the applicants are hereby soliciting to desist from making any further claims as set out in the aforementioned judicial letter and this for reasons already communicated to you.
Kindly be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 203
203By means of a decree given, on the 24th January 2013, by the First Hall Civil Court, in the records of the Application 1132/11 JRM, the following publication was ordered for the purpose of service of the respondent Antoinette Farrugia pro et noe, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed in the First Hall Civil Court, Application number 1132/11 JRM, with the following ‘Heading’ ‘In the records of the Warrant of Prohibitory Injunction Number 182/03, in the names Antoinette Farrugia, in her own name and as curator in the interests of her interdicted husband Angelo Farrugia, daughter of the late Andrew Mifsud and Paola née Zammit, born and residing , Mqabba vs Nicholas sive Kola Farrugia, son of the late George and Josephine nee Catania, born and residing in Mqabba, on the 17th November 2011, the applicant Kola Farrugia, I.D. 128151M, respectfully pleaded:
That in virtue of the warrant above indicated, the present applicant was held from disposing of ‘any property’ besides the quarry known as tal-Isqof, in the limits of Mqabba;
That thus the effects of this warrant mean, that the applicant, cannottransfer all his property although only the land tal-Isqof was indicated specifically;
That the applicant has various properties to secure the claim of Antoinette Farrugia pro et noe, which claim has been liquidated in the amount of €372,699.74;
And whereas the applicant and his wife need to sell the garage and two overlying tenements which are situated in Triq il-Ġilju, Mqabba;
And whereas the claim of Antoinette Farrugia pro et noe, shall be adequately securedby means of the other properties appertaining to the present applicant;
Thus the applicant respectfully prays that this Honourable Court, for the reasons premised, revokes in part the above mentioned Warrant of Prohibitory Injunction, by releasingfrom the effects of the same, the property which is situated in Triq il-Ġilju, Mqabba, consisting in a garage and two overlying tenements and this in terms of Article 836(1)(c) and (e) Cap. 12 of the Laws of Malta.
Applicant: Nicholas Farrugia, Nick Eugene, Triq il-Konvoj ta’ Santa Marija, Mqabba.
Respondent; Antoinette Farrugia pro et noe, Qalb ta’ Ġesu, 56, Triq ix-Xriek
(Xwiek) Mqabba.
Reġistry of the Superior Courts, today 1st February 2013.
Adv. Frank Portelli, LL.D
For the Registrar, Civil Courts and Tribunals
Notice 204
204By means ofa decree given, on the 18th October2012,by the Civil Court First Hall, in the records of the Sworn Application, 1318/03 AE, in the names Cuschieri Lawrence et vs Azzopardi Joseph et, the following publication was ordered for the purpose of service of the defendants Marmista Limited and International Trust Limited, in terms of Article 187(3) et of Cap. 12.
Civil Court, First Hall.
Judge A. Ellul.
Application numbr 1318/2003 AE.
Lawrence Cuschieri et.
vs
Joseph Azzopardi et.
2nd November 2011.
The Court,
Having seen the decree of the 8th July 2011.
Having seen that the cause was not put on the list of causes set forhearing on the 19th October, 2011.
In the circumstances varies the decree by:
1. Appointing the cause for the sitting of the 11th January 2012, at 8.45 a.m.
2. Gives the plaintiff a term of forty (40) days to present an affidavitwith his version of facts and of the witnesses he can by means of an affidavit.
The order given to the Judicial Assistant in the decree of tghe 18/7/2011 remains in force.
Orders that this decree be notified to the parties.
Anthony Ellul
Judge.
Notify: Lawrence Cuschieri et.
Joseph Azzopardi et.
Marmista Limited.
International Trust Limited.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Wednesday 2nd November 2011, the cause Sworn Application number 1318/03 AE, which was SINE DIE from Friday 12th November 2010,was set down again for hearing on Wednesday 11th January 2012 and subsequently put off to the 22nd February 2013, at 9.00 a.m.
Notify: Marmista Ltd-54, Triq iż-Żagħfran, Attard.
International Trust Ltd, 25, Strait Street, Valletta.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 205
205By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 19th September 2012, Application number 690/2012 by Marianne Bugeja,Giovanna widow of Giuseppe Bugeja, daughter of the late Giuseppe Giordmaina and Carmela neé Gauci, born in Rabat, Maltaholding identity card number 166527(M) was INTERDICTED by means of a decree given on the 24th January 2013.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 206
206By a decree of the Small Claims Tribunal ofthe 2nd November 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 20th September 2012 whereby they asked the Tribunal to condemn Rosella Casha (I.D. 477574M) of2, Midway, Triq Dun Ġorġ Fenech, Ħal Qormi, to pay the plaintiff company the sum of€986.84 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 663/12YMS) is put off on the 18th February 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 207
207By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st January 2013, Application number 37/2013 by Isabel Chircopwhereby she prayed that it be declared open in favour of the same Isabel Chicop and Sarah Chircop, wife and daughter of the decujus respectively, and this in the quota ofone half (1/2) undivided share each one of them the SUCCESSION of Justin George Chircop, husband of the same Isabel Chircop, son of Walter Chircop and Deirdre neé Grant, born in St Julians, resided in San Ġwann and died in tal-Qroqq limits of Imsida, on the 28th December 2009 aged 32 holding identity card number 0568677(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 Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 208
208By a decree of the Small Claims Tribunal of 14th 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) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 26th September 2012 whereby they asked the Tribunal to condemn Dragomir Emilian(Romanian Passaport 10849279) of 26, Flat 2, Triq C Troisi, Swieqi,to pay the plaintiff company the sum of €618.24 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 670/12NHV) is put off on the 18th February 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 209
209By means of a decree given, on the 25th January 2013, by the Civil Court First Hall, in the records of the Sworn Application in the names Capua Palace Limited vs Erminia Arcidiacono , application number 2193/00 JA, the following publication was orderedfor the purpose of service of the heirs of the respondent, in terms of Article 187(3) of Cap.12.
In the First Hall Civil Court
Writ of Summons Number 2193/2000 JA
Capua Palace Ltd
vs
Erminia Arcidiacono.
Application of the plaintiff company;
Respectfully pleads;
That Erminia Arcidiacono, died leaving a will, thus a death certificate was not produced. according to the will in the records of Notary Anthony Grech Trapani, of the 14th May 1998, it resulted that she left as her heirs Mark Germani Arcidiacono, Esther Robinson, Aldo Germani Archidiacono, Tania Ragonesi, and Renato Germani Arcidiacono.
That the applicant company, is asking thisHonourable Court,to notify the heirs above mentioned with this application and order themto declare within a time limit, whetherthey are going to continue the suit in substitution of thedeceased, according to article 806 of Cap. 12 of the Laws of Malta and in defaultcurators be appointed.
The cause Writ of Summons Number 2193/00 JA, in the names Capua Palace Ltd vs Erminia Arcidiacono, has been put off for hearing to the 8th March 2013, at 9.30 a.m.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 210
210By means of a decree given, on the 17th January 2013, by the Civil Court First Hall, in the records of the Sworn Application, in thenames Mekanika Limited vs Paul Magro, application number 1160/12 JRM, the following publication was ordered for the purpose of service of the respondent, 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 Mekanika Limited (C 3283) vs Paul Magro (I.D. 546374M) on the 21st November 2012, the applicant company Mekanika Limited, asked the respondent to state why this Honourable Court should not:
1. Declare that the respondent defaulted in his obligations according to the contract namely to pay the debt due to Mekanika according to Appendix A, declare that the respondent is a debtor of the applicant company in the amount of (€13,921.97) together with interest and uphold the other demands in the application.
With interest and expenses as demanded.
Applicant; Mekanika Limited, Gasan Centre, Mrieħel Bypass, Birkirkara.
Respondent: Paul Magro, 45, Lyoka, Triq Santa Katerina, Qrendi.
The Sworn Application in the names Mekanika Limited (C 3283) vs Paul Magro, application number 1160/12 JRM, has been appointed for hearing to the 13th March 2013, at 10.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 211
211By means of a decree given, by the First Hall Civil Court, on the 10th January 2013, in the records of the Sworn Application, in the names Baldacchino Romano Johann noe vs Waleed El Belaly, application number 1064/12 AF,following publication was ordered for the purpose of service of the respondentsin terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Johann Baldacchino Romano (172876M) as speċial mandatary in the name and in representation of the absent Jason Mifsud (191000L) and his wife Stephanie Cachia Camilleri (459085M) against Waleed El Belaly (37175A) and his wife Roslyn Maria Schembri (25287(M) on the 23rd October 2012, the applicant Johann Baldacchino Romano (172876M) as special mandatary of the absent spouses Jason Mifsud and Stephen Cachia Camilleri, asked the respondent to state why this Honourable Court should not:
1. Declare that the respondents or either of whom are debtors of the spouses Jason Mifsud and Stephanie Camilleri or either of whom in the sum of €94,152.88 representing money lent and invested with the same respondents, together with expenses and interests incurred by the same applicants as mentioned in the application and uphold the other demands.
With costs ...omissis... and interest at the higher rate permitted by law till the effective payment against the respondents or either of whom from now summoned so that a reference to their evidence be made.
Applicant: c/o 45/7, Strait Street, Valletta.
Respondents: 1. Waleed el Belaly, 115, Falzon, Flat 4,Triq it-Tabib
J. Zammit, Birkirkara.
2. Roslyn Maria Schembri, 115, Falzon,
Flat 4, Triq it-Tabib J. Zammit, Birkirkara.
The Sworn Application number 1064/12 AF, in the names Baldacchino Romanonoe et vs Waleed El Belaly, has been appointed for hearing on the 7th February 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 212
212By means of a decree given, by the Civil Court (Family Section) on the 31st October 2012, in the records of the Sworn Application, in the names Dr Raphael Fenech Adami noe vs Nathalie Fabre, application number 179/12 AL, the following publication was orderedfor the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of a Note filed in the Civil Court (Family Section), in the records of the Sworn Application number 179/12 AL, in the names Advocate Dr Raphael Fenech Adami noe vs Nathalie Fabre, the applicant noe pleaded that in terms of the decree dated 21st August 2012, he is indicating the following as ordered;
a) that the respondent is to be retained responsible for the breakdown of the marriage in view of the fact that it was her attitude and negative behaviourthroughout the long years of marriage, which rendered konjugal life together unbearable;
b) There should be no dispute as regards maintenance and/ or care and custody of the children because both are of age;
c) there should be no payment of maintenance in favour of the wife because when her husband left Malta, almost four years ago,he had left his wife to manage the business they had together amongst which the operation of the restaurant with the name ‘Chez Philippe’ which is situated in The Strand, Gżira. Apart from this , his wife has had a substantial income for a long period, deriving from assets of the community of acquests, amogst which the lease of the conjugal home and recently the restaurant above mentioned;
d) That as regards the consistence of the assets appertaining to the community of acquests the informationobtained till now includes the following:
i) the conjugal home, 53, Castro Street, Naxxar.
ii) two properties in Panama.
iii) Some shares in three commercial partnerships.
iv) Some shares and/or the operation of the restaurant in Gżira, above indicated.
e) That up till now it appears that there is no agreement on anythingexcept that the children are of age.
Service: 9, Tregantle Court, Triq Mattew Pulis, Sliema.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals