Mur Lura
Court Notices published in Govt. Gazette No. 19,067 of the 5th April 2013
01/01/2013
Notice 525
525By means of a decree given by the First Hall Civil Court, on the 25th February 2013, in the records of the Sworn Application, in the names Mifsud Edmund vs Micallef Doris, application number 64/13 JA, 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 First Hall Civil Court, in the names Edmund Mifsud (I.D. 70737M) vs Doris Micallef (I.D. 372660M) on the 24th January 2013, the applicant asked this Honourable Court:
1. To declare that the respondent is holding the premises number twenty one (21) Triq Patri Marjanu Vella, without a valid title at Law, order the eviction of the respondent from the premises number twenty one (21) Triq Patri Marjanu Vella, Sliema and uphold the other demands in the application.
With all costs against the respondent summoned so thata reference to her evidence be made.
Applicant; 108, Marmett, Triq Joe Sciberras, Ħamrun.
Respondent: 21, Triq Patri Marjanu Vella, Sliema.
The Sworn Application in the names Mifsud Edmund vs Micallef Doris, application number 64/13 JA, has been put off for hearing to the 19th April 2013, at 9.30 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 526
526Bymeans of a decree given, on the 27th February 2013, by the Court of Appeal, in the records of the Application of Appeal, in the names Salvina Xuereb vs Tessie Camilleri, application number 478/10 JA, the following publication was ordered for the purpose of service of the respondent Tessie Camilleri, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Court of Appeal, Sworn Application number 478/10 JA, in the names Salvina known as Sylvia Xuereb, I.D. number 10239 G vs Tessie known as Therese/Tessa Camilleri, I.D. number 523231(M) on the 16th November 2012, the applicant Salvina known as Sylvia Xuereb I.D. 10239G, respectfully pleaded:
1. By means of sworn application, presented on the 11th May 2010, the applicant appellantpremised:
1. That the applicant, is the owner of the premises ‘Violet’ 109, Triq il-Kulleġġ il-Qadim, Sliema, SLM 1377, by deed of partition of the 30th March 1999, in the records of Notary Dr Herbert Cassar,towards the annual and perpetual groundrent of €20.45, which groundrent was redeemedon the 22nd June 2000, Schedule number 609/2000, of the Maltese Courts.
2. And whereas the applicant had granted to Louis Camilleri, by title of temporary subemphyteusis for 21 years by means ofa deed published on the 4th May 1989, records Notary Mark Copini.
3. And whereas Louis Camilleri died, his wife Tessie Camilleri continued to live in the premises.
4. And whereas since mid 2008, the same Tessie Camilleri, did not continue to live in the same premises.
5. ...omissis...
6. And whereas in the light of all this the applicant asked the respondent to deliver the keys.
7. Thus there do not exist the elements so that the respondent retain possession of the premises by title of lease in terms of Article 12(2) of Chapter 158 of the Laws of Malta.
8. That the applicant has the right to ask also for compensation for the illegal and illicit occupation of the said premises.
And thus asked the Court so that:
1. It declares that the respondent is holding possession of the said premises illegally and without a valid title at law.
2. Order the respondent so that she vacates the said premises and this within a short and peremptory period, authorise the applicant to carry out all the necessary works for such eviction ...omissis... and if necessary by the assistance of an appointed referee and with the assistance of the Court Marshall and Executive Police in case any difficulty is encountered.
3. Declare and decide that for the reasons mentioned, the respondent is to pay the applicant, compensation for the illegal and illicit occupation of the said premises.
4. Liquidate the compensation of the said premises if necessary by the appointment of an Architect.
5. Condemn the same respondent to pay the applicant the amount so liquidated.
With costs, against the respondent summoned so that a reference to her oath be made.
2. That in regard to these demandsthe defendant brought forward the following pleas on the 18th October 2010.
1. That the application is premature and untimely. The applicant had offered the sum of €75,000, to acquire the premises as appears from the attached correspondence. In fact the applicant is still awaiting a reply.
Regarding the merit.
2. That the applicant is living in an Old Age Home, for medication, and provisionally and with the clear intention to live once again in the house 109, Triq l-Kulleġġ l-Antik, Sliema as soon as she is in a better condition.
3. That the applicant qualifies according to Article 12 (2) Cap. 158 to convert the title of temporary emphyteusis in a title of lease.
4. That in so far as the demand is directed to attack Article 12(2) Cap. 158, the applicant is availing herself of right given to herby a law which is still in force.
5. That in so far as the demand is directed so that the applicant pay compensation for the alleged illegal occupation, it is to be stated that the applicant offered, worked out according to the schedule attached with Cap. 158.
3. Thatby means of a judgement of the 29th October 2012, the cause in the names premised the First Hall Civil Court, decided by stating:
‘That the Court was of the opinion that it should quote extensively this judgement to show that although it appears that the tendency of our Courts and the European Courts, is that quoted by the applicant, there is no clear declaration that the Article in question in itself violated thefundamental human rights and/or thus it should apply erga omnes. Thus the Court cannot uphold this grievance’.
For these motives the Court decides this cause by upholding the pleas of the defendant and rejected the applicant’s demands.
4. That the applicant felt aggrieved with the said judgement of the 29th October, 2012 and is thus humbly filing this appeal.
5. That the grievances of the applicant are clear and manifest and consist in the following:
5.1 That in the First place the applicability or no of Article 12(2) of Cap. 158 of the Laws of Malta, as revised, the Honourable Court of First Instance, failed to take into consideration, the interpretation of ‘ordinary residence’ as interpreted in various lawsuits decided by the First Hall Civil Court and the Court of Appeal.
...omissis...
That the applicant appellant feels that this interpretation in the judgements of the Rent Regulation Board, should not apply to this case.
That in the note of submissions of the applicant appellant, various judgements were quoted which give an interpretation of ‘ordinary residence’ particularyin the judgement in the names Victor Montebello et vs Alfred Grima, decided on the 5th May 2005, by the Civil Court First Hall, by Mr Justice Tonio Mallia, which refers specifically to Chapter 158 of the Laws of Malta, whereby Cap. 158 does not provide any meaning of the word ‘ordinary residence’ and thus these have necessarily to be interpreted according to the circumstances of the particular.
...omissis...
Apart from this there are various other judgements mentioned in the note of submissions of the applicant appellant, which give a restrictive interpretation of ‘ordinary residence’.
...omissis...
Further than this in the judgement in the names Ripard et vs Stellini decided on the 21st March 1981, by the First Hall Civil Court, it was explained and it is very clear, that residence, implies permanent occupation and it is not enough that one lives in the premises ‘in and out’ or that his postal addressis on that premises.
...omissis...
That in the lawsuit merit of this appeal, it was amply proved that the respondent defendant, has lived and slept daily in an old people’s home, much before the lapse of the temporary emphyteusis in February of the year 2010.
...omissis...
That it is clear from the jurisprudence cited in regard to temporary emphyteusis, the interpretation of the law of ‘ordinary residence’ should be a restrictive interpretation, so that there is no violation of the fundamental rights of the applicant appellant and in such a manner as not to create a title where it is not strictly necessary.
...omissis...
Thus this interpretation should be applied to the lawsuit appealed and not the interpretion of the Judgements of the Court of Appeal, from Judgements of the Rent Regulation Board, as done by the Court of First Instance.
...omissis...
5.2. That in the second place, regarding the fact that Article 12(2) of Cap. 158 of the Laws of Malta, constitutes a violation of the fundamenbtal rights of the applicant appellant, as well as that ithas already been declared that this Article violatesthe fundamental rights protected by the Constitution of Malta, the Court of First Instance, although it quoted various judgements in this regard did not decided this point ...omissis... That with all respect, the applicant appellant, submits that this is not completly correct and from the cases quoted bythe same Court, as Philip Amato Gauci vs Malta (decided on the 15 th September 2009, by the Court of Strasbourg) and Albert and Mariella Cassar vs The Prime Minister, the Attorney General and Pamela Gatt, (Decided First Hall 31st October 2011) it is evidentas a state of fact that Article 12(2) of Cap. 158 of the Laws of Malta, it was declaredthat it violates the fundamental human rights as protected by the Constitution and the European Convention.
...omissis...
Thus once the articles merit of the cause were declared to violate the human rights by the Court in its Constitutional Jurisdiction, this applies erga omnes and the said law cannot be appliedbefore it is found so, which in the presentcause such violation does not exist. The grievance is precisely thisthat the Court of First Instance, could not apply this Article 12(2) for the reasons mentioned and thus could not uphold the pleas of the respondentdefendant, to convertthetitle of temporary emphyteusis into a title of lease.
That it is clear that the Court did not decide this point and thus an appeal from it could not have been made, but in the circumstances, the appellant asksthat this matter be referred by it to the First Hall Civil Court, in terms of that provided by the Constitution and Chapter 319 of the Laws of Malta.
6. Thus for all the reasons above mentioned and for all the other reasons that shall be brought during the hearing of this appeal, and whilst referring to the proof already in the records and all the proof which can be brought forward before this Honourable Court, according to law, the appellant, humbly asks this Honourable Court, to uphold this appeal, cancel and revoke the judgement appealed of the 29th October 2012, in the names premised, as demanded in this application.
Appellants: Sylvia Xuereb, 20, Villa Sylvia, Abate Rigord Street, Ta’ Xbiex.
Respondents: Dr Jonathan Thompson.
Tessie Camilleri, ‘Hand in Hand’, Casa Bonsud, 227, Triq l-Imħallef William Harding, Pembroke.
Reġistry of the Superior Courts (Appeals) today 2nd April 2013.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 527
527By a decree of the Small Claims Tribunal of the 13th March 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).
By means of a Notice of a cause which was set down again for hearing issued by the Registry of the Courts of Magistrates (Malta) the cause Notice Number 230/11YMS,in the names Vodafone Malta Limited (C10865) vs Giovanna Anna Tanti (I.D. 31068M) which has been Sine Die since 14th March 2012 was set down again for hearing the 27th June 2012 at 12.30 p.m. and was put off for the 17th April 2013 at 12.30 p.m. before the Adjudicator Dr Yana Micallef Stafrace.
For the purpose of service Giovanna Anna Tanti – Rustica,Triq il-Barrada, Mellieħa.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Bann for Curators
528Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 22nd January 2013, following a request of HSBC Bank Malta plc, it was ordered that deputy curators be chosen to represent the absent Clive Vincent Mcnally, in the records of the judicial letter number 131/2013, in the names ‘HSBC Bank Malta plc vs Deputy Curators’ and in the relative and subsequent acts.
By means of a judicial letter filed in the Civil Court First Hall, on the 17th January 2013, in the names HSBC Bank Malta p.l.c. (C 3177) vs Deputy Curators appointed to represent the absent Clive Vincent Mcnally (English Passport Number 400010613) the company HSBC Bank Malta p.l.c. (C 3177) of 32, Merchants Street, Valletta, brings to your formal notice that on the day of the 2nd January 2013, you were in delay in the payments of loan granted to you in force of a contract in the records of Notary Dr Mario Bugeja, dated 7th July 2004, in the amount of (€59,691.57) and thus the applicant company calls upon you so that within two days you pay this sum. Furthermore the interpellant company informs you that this sum of arrears is increased by (€3,839.15) monthly after that date.
This letter serves also to interrupt prescription and is thus required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
So much so that you may know how to regulate yourself.
With costs.
Applicant: 32, Merchants Street, Valletta.
Int. Deputy Curators, Courts of Justice, 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 should 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 Mark Chetcuti, LL.D.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 529
529By a decree of the 22nd January, 2013 given by the Civil Court First Hall, 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 an applications filed by Director General of Valued Added Tax known as Commissioner of Valued Added on the 31st October, 2012 and on the 5th November, 2012, is asking for the withdrawal of the amount of €72,000 deposited by Schedule of Deposits number 486/12 and 765/12 in the acts of judicial sale by auction numbered 80/10 in the names Francis Gauci vs Jimmy Bugeja. The Court ordered the notification of this application to the interested parties with four days to file a reply.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
530Republic of Malta
To The Marshall of the Court.
By means of a decree givenby this Court, on the 30th September 2011,followinga request of Vincent Curmi noe,it was ordered that Deputy Curators be chosen to represent the deceased Emanuela Attard, in the records of the SwornApplication Number 549/96 JRM, in the names ‘Vincent Curmi noe vs Deputy Curators’ and in the relevant and subsequent acts.
By means of a Writ of Summons filed in the First HallCivil Court, by Vincent Curmi CPAA, as Administrator in the name and in representation of Estate Marchese John Scicluna against Joseph Attard, Flat 4, Ciangura Flats, Valley Rd, Mellieħa, and by decree of the 19th September 2005, the proceedings were transferred in part on to the person of Emanuel Attard, for any share she may have and by decree of the 12th October 2005, Advocate Dr Renzo Porsella Flores and P.L. Victor Bugeja, appointed Deputy Curators to appear for the heirs of Joseph Attard who died during the proceedings, or in default of these, to appear for his vacant inheritance, and by decree of the 1st June 2009, the records were transferred on to the names of Sylvia divorced from Michael Mcgrath, Dorothy wife of Donald Arnold, Rose wife of Guido Zammit, Esther Cauchi, Jane wife of Victor Sullivan, Carmen wife of Charles Azzopardi, Emanuel Attard and Rita wife of Emanuel Galea, brothers/sisters Attard, following the death of Emanuela Attard, on the 19th February 1996, the plaintiff nomine asked the defendant to state why this Court should not:
1. Declare and decide that the defendant built on land of the plaintiff nomine to his prejudice, condemn the defendant to demolish within a short and peremptory period, the construction he erected and release the land if necessary under the supervision of an architect and uphold the other demands in the writ of summons.
With costs and interests.
The defendant is summoned so that a reference to his evidence be made.
The cause Writ of Summons number 549/96 JRM, in the names Vincent Curmi noe vs Deputy Curators, has been put off for hearing to the 2nd May 2013, at 9.00 a.m.
With costs, against the defendant summoned so that a reference to her evidence be made.
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 should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hallabove mentioned, with the witness of the Hon. Mr. Justice Joseph Azzopardi LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D
For the Registrar, Civil Courts and Tribunals
Notice 531
531IT IS hereby notified that by virtue of a decree given on the 26th March 2013, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Wesley Vassallo of Emerald Garage, I, Bouquet, Triq it-Tempju, Qala, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:
The company GO plc (C22334) of Spencer Hill, Marsa, Malta filed a claim in the Small Claims Tribunal (Gozo) – Case number 7/2013 in re “GO plc vs Wesley Vassallo” – on the 13th March 2013 wherein it requested the Tribunal to condemn the defendant Wesley Vassallo to pay plaintiff company the amount of €964.39 in connection with telecommunication services relating to account number 40161811, together with costs, interest and legal expenses.
The hearing of this case is being deferred to the 19th April 2013 at 11.00 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 532
532By a decree of the Small Claims Tribunal of 5th November 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) 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 3rd July 2012 whereby they asked the Tribunal to condemn Alexander Briffa (I.D. 543265M) of 91, Triq l-Imsaġar, Attard for and on behalf of A.B.R. Company Limited (C31275) of Strawberry Grove, Triq Dijoniżju Famucelli, Msida, to pay the plaintiff company the sum of€323.18 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 452/12NHV) is put off on the 11th April 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 533
533By a decree of the Small Claims Tribunal of 26th October 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 p.l.c. (C22334) of Spencer Hill, Marsa, MRS1950,filed a Claim on the 3rd July 2012 whereby they asked the Tribunal to condemn Kerr Ryan (I.D. 41795A) of Omega, Flat 22, Triq Ananija, San Pawl il-Baħar, to pay the plaintiff company the sum of €580.14, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 458/12NHV) is put off on the 11th April 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 534
534By decree given by the CIVIL COURT, FIRST HALL on 5th February, 2013, on the application of APS BANK LIMITED, Thursday, 25th April, 2013 at 10.30 a.m., has been fixed for the SALE BY AUCTION, to be held on THE FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property.
Garage named Pansy, Triq Prince Albert, Marsa including its overlying airspace and the overlying airspace of garage with no officially number named Maple, Triq Prince Albert, Marsa free from any burden with all its rights and enjoyments valued at two hundred thousand euro (€200,000).
The said tenement is the property of FABRI JOSEPH (I.D. 352564M).
N.B. The said tenement will be sold as described in the acts of the file number 110/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Bann for Curators
535Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 9th December2011, following the request ofValdev (Properties) Limited, it was ordered that deputy curators be chosen to representthe unknown owners of the emphyteutical concession in the records of the Schedule of redemption of groundrent, in the names Valdev (Properties) Limited vs deputy curators and in the relative and subsequent acts.
By means of a Schedule of redemption of groundrent filed in the First Hall Civil Court, in the names Valdev (Properties) Limited (C 10241) vs Deputy Curators appointed to represent the unknown owners of the emphyteutical concession, regarding the property hereunder described, on the 6th December 2011, the interpellantValdev (Properties) Limited (C 10241) respectfully pleaded:
That by means of a deed published in the records of Notary Dr Charles Vella Zarb, dated sixth (6) of July of the year thousand (2000), the interpellant acquired from the brothers/sisters Zammit, together with others, the premises and namely the house, with number forty eight (48)previously forty six (46) in Triq il-Kappuċċini, Kalkara, as subject to the annual and perpetual groundrent of (€7.92).
That the owners of the directum dominium are the unknown owners.
That the interpellants are avaling themselves of the provisions of Article 1501 of the Civil Code (Cap. 16) and redeem the same groundrent.
That the sum of (€7.92) capitalised at the rate of 5%amounts to (€158.40).
Thus the interpellant in order to redeem the groundrent imposed on the premises mentioned in the amount as premised calls upon this Court and under its Authority is depositing the global sum of €158.40 in order to be freely withdrawn bythe personwho has the right according to law after the due receipt according to law is left.
Interpellant: c/o Santa Maria, Triq Nigel Dennis, Marsaskala.
Notify 1. Deputy Curators, Courts of Justice, Valletta.
2. Director Public Registry, Public Registry, Valletta (two services).
3. Land Registry, Casa Bolino, 116, West 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 should 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 Gino Camilleri, LL.D.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals