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Court Notices published in Govt. Gazette No. 19,092 of the 24th May 2013
01/01/2013
Notice 858
858By a decree given on the 24th of April, 2013 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 Organisation and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall on 25th September, 2009 by Bank of Valletta plc (C 2833), is being asked that the Court orders the Sale by Auction of the:
1. The garage numbered two (2) without an airspace, forming part of a complex of five (5) garages, on the basement level, in Olive Street, The Gardens, St. Julians, confining from other boundaries with the property of St. George’s Park Company Limited, forming part of a block unnamed and without an official number, built on plot 4 from the piece of land denominated as ‘Ta’ Ħaxixa’ measuring superficially two hundred point eight seven meters squared (200.87 ms) in Olive Street, St. Julians;
2. The garage without an airspace, numbered five (5) without an airspace, forming part of a complex of five (5) garages, on the basement level, in Olive Street, The Gardens, St. Julians, confining from other boundaries with the property of St. George’s Park Company Limited, forming part of a block unnamed and without an official number, built on plot 4 from the piece of land denominated as ‘Ta’ Ħaxixa’ measuring superficially two hundred point eight seven meters squared (200.87 ms) in Olive Street, St. Julians;
3. The penthouse together with the airspace internally numbered four (4), forming part from a block of flats, overlying the garages unnumbered, named ‘Bridge End’, in Olive Street, The Gardens, St. Julians, confining from other boundaries with the property of St. George’s Park Company Limited, forming part of a block unnamed and without an official number, built on plot four (4) from the piece of land denominated as ‘Ta’ Ħaxixa’ measuring superficially two hundred point eight seven meters squared (200.87 ms) in Olive Street, St. Julians.
The said tenement is the property of Group C Limited (C3180) and Edward Ellul (I.D. 612847M).
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 859
859By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 8th May 2013, Application number 443/2013 by Dr Angela Borg Cauchi and Godwin Borg Cauchi whereby they prayed that it be declared open in their favour in equal shares between them the SUCCESSION of Giuseppa sive Josephine Borg, unmarried, daughter of the late Carmelo Borg and Giuseppa née Cauchi, born in Valletta, resided in St Vincent de Paule, Luqa where she died on the 23rd March 2013 aged 91 and holding identity card number 0483421(M) who died holding a will but the heirs died before her.
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 Organisation and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 860
860By decree given by the CIVIL COURT, FIRST HALL on the 14th May 2013, on the application of HSBC BANK MALTA PLC, Thursday, 18th July, 2013 at 11.00 a.m., has been fixed for the SALE BY AUCTION to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property:
Divided portion of land forming part of a field known as Tal-Ħmieri sive ta’ Sqaq iz-Zopp which is situated in Ħal Luqa, accessible from an alley unnumbered and unnamed which emerges in Triq Wied il-Knejjes, measuring approximately one thousand, five hundred and eighty three meters squared (1583m²), subject to an annual and perpetual ground rent of thirty seven cents and five mils (37c5m) equivalent to eighty- seven euro cents (€0.87), otherwise free and unencumbered with all its rights and appurtenances partly leased, valued at eighty five thousand euro (€85,000).
The said tenement is the property of SMALL PROPERTIES LIMITED (C29977).
N.B. The said tenement will be sold as described in the acts of the file number 5/2013.
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 861
861By means of a decree given, by the First Hall Civil Court, on the 7th May 2013, in the records of the Sworn Application, in the names Stothard Hansen David vs Coleiro Jason, application number 95/13 SM, the following publication was ordered for the purpose of service of the respondent Jason Coleiro, 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 David Stothard Hansen (49420A) vs Jason Coleiro (326775M) on the 31st January 2013, the applicant David Stothard Hansen (49420A) respectfully pleaded and asked this Honourable Court:
1. To decide without proceeding to a hearing in terms of Article 167-170 of Cap. 12 of the Laws of Malta, condemn the defendant to pay the plaintiff the sum of €90,000 due to the plaintiff, representing money lent to him brevi manu so that investment be made in high-ups as well as to import vehicles for sale from England to Malta.
With costs ...omissis... and interest as demanded against the defendant from now summoned so that a reference to his evidence be made.
Applicant: 57, Triq ir-Ratal, Ibraġġ, Swieqi.
Respondent: 57, Kent Street, Fgura.
The Sworn Application in the names Stothard Hansen David vs Coleiro Jason, application number 95/13 SM, has been put off for hearing to the 3rd July 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 862
862By a decree of the Small Claims Tribunal of the 22nd Novembru 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 25th April 2012 whereby they asked the Tribunal to condemn Jane Sacco (I.D. 8762A) ofFlat 5, Blokk A, Triq Bertha Kilg, San Ġiljan, to pay the plaintiff company the sum of €750.02 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 326/12KPS) is put off on the 27th May 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Bann for Curators
863Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 8th February 2013, following a request of Paul Abela and Francis Abela et,it was ordered that Deputy Curators be chosen to representthe owners who have the directum dominium in the records of the Schedule of Redemption of Groundrent, in the names Paul Abela et 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 Paul Abela, son of Grezzju Abela and Catherine née Spiteri, born and residing at Żejtun, I.D. 546160M and Francis Abela, son of Grezzju Abela and Catherine née Spiteri, born and residing in Zejtun, I.D. 744553M vs Deputy Curators appointed to represent the owners who have the sub directum dominium and the Joint Office, on the 7th February 2013, the interpellants Paul Abela (546160M) and Francis Abela (744553M) respectfully pleaded:
That the interpellants acquired one half (1/2) undivided share and eight tenths (8/10) of the other one-half undivided share of the premises with number sixty five (65) and sixty six (66) with the garden which forms an integral part of the same premises, in Triq id-Daħla ta’ San Tumas, previously known as Ramla Road, Żejtun, subject to the annual and perpetual groundrent of €2.32 as appears from a contract published by Notary Dr John Patrick Hayman, dated 14th November 1990;
That the remaining share of the property already belonged to the interpellants through the succession of their father Grezzju Abela;
That originally the deceased Grezzju Abela had acquired the premises by a deed published by Notary Dottor Giuseppe Sammut, on the 20th July 1958;
That the said groundrent was payable as for €1.16 to the Joint Office and €1.16 in favour of unknown persons;
That the interpellants have no idea who are the successors in title of the other superior owners and thus are being represented on this Schedule by means of the respondent curators;
That the interpellants are availing themselves of Article 1501 of the Civil Code Cap. 16 and redeem the same groundrent;
That the sum of €2.32 capitalised at the rate of 5% amounts to €46.40 which has to be paid as for €23.20 to Deputy Curatorson behalf of owners who have the directum dominium and €23.20 to the Joint Office;
That the interpellants are depositing the global sum of€46.40 so that the same be freely withdrawn by who has the right according to Law after the due receipt according to Law is left.
Interpellant: 65 and 66, Triq id-Daħla ta’ San Tumas, Żejtun.
Notify: 1. Deputy Curators, Courts of Justice, Valletta.
2. Joint Office,
Auberge de Baviere,
Valletta, Malta.
3. Director Public Registry,
Public Registry, Valletta
(two services).
4. Land Registry, Casa Bolino,
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 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. Madam Justice Jacqueline Padovani Grima, LL.D., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 864
864By a decree of the 18th September, 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 Bank of Valletta plc on the 6th March 2013 is asking for the ‘contrario imperio’ decree of 10th January 2013 authorizing withdrawal of the amount of €1,236.96 deposited by the Schedule of Deposit number 985/12 in the names of:
HSBC Bank Malta plc (C3177) vs Francis Schembri and Josianne Camilleri
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 865
865By decree given by the CIVIL COURT, FIRST HALL on the 20th May 2013 on the application of THORNE CHARLES ET, Monday, 15th July, 2013 at 10.00 a.m., has been fixed for the SALE BY AUCTION, to be held at 6, TRIQ L-ISTAĠUNI, MĠARR of the following items seized from the property of MALLIA BORG JOHN ET.
Two (2) Maltese Bureaus
N.B. The said objects will be sold as described in the acts of the file number 11/13.
Diane Mifsud
For the Registrar of Civil Courts and Tribunals
Bann for Curators
866Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 11th March 2010, following a request of Carmelo Saliba,it was ordered that Deputy Curators be chosen to represent the unknown owners in the records of the Schedule of Deposit and Contextual redemption of groundrent, in the names Carmelo Saliba vsDeputy Curators and in the relative and subsequent acts.
By means of a Schedule of Redemption of Groundrent and Contextual Deposit of Carmelo Saliba, married, pensioner, son of the late Espedito and Helena née Muscat, and residing at the address 58, Daisy, Triq Brared, Birkirkara, holder of Idenity Card number 13742(M), filed in the First Hall Civil Court, in the names Carmelo Saliba (I.D. 13742M) vs Deputy Curators to represent the unknown direttarju/a/ i,on the 26 th February 2010, respectfully pleaded:
1. That in virtue of a public deed published by Notary Dr Marco Farrugia, LLD of the 23rd April 1992, the interpellant, had acquired from Carmelo Micallef, son of the late Costantino and Josephine née Galea, nurse, born in Lija and residing in Birkirkara, I.D. 734048(M) in his own name and in the name of his brother John Micallef, sales manager, born in Birkirkara and residing in Victoria, in Australia, as authorised, the house, 58, with the name Daisy, in Triq Brared, Birkirkara, as subject to the annual and perpetual groundrent of (€4.66) otherwise free and unencumbered, with all its rights and appurtenances.
2. The interpellant wishes to avail himself of the right given to him by Article 1501 of Chapter 16 of the Laws of Malta in order to redeem the groundrent and is thus depositing under the Authority of this Court, the sum of (€93.20) representingthe groundrent of (€4.66) capitalised at 5% in order to be freely withdrawn by who has the right after leaving the due receipt.
Interpellant: CarmeloSaliba, 58, Daisy, Brared Street, Birkirkara.
Services: Director Public Registry, Triq il-Merkanti, Valletta.
Land Registrar, 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 Joseph R. Micallef LLD., Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 867
867By means of a decree given, by the First Hall Civil Court on the 23rd April 2013, in the records of the Sworn Application, in the names Tamarac Limited et vs Edward Zammit Maempel et, application number 748/2012 MCH, the following publication was ordered for the purpose of service of John Borg Olivier, in terms of Article 187(3) et.of Cap. 12.
By means of an Application filled in the First Hall Civil Court, in the records of the Sworn Application, Number 748/2012 MCH, Tamarac Limited et vs Edward Zammit Maempel et, Put Off. 11.04.2013, the company Tamarac Limited (C 6169) and of Stuart Backburn in his capacity as liquidator of Seafront Properties Limited (C 8903) respectfully pleaded:
That during the hearing of the 21st January 2013, it was declared that the defendant Frederick Borg Olivier, son of Arthuro, died during the proceedingsand that most probablyhis heirs are his children Marc Borg Olivier, John Borg Olivier and Giselle married Mckenna. Nor the defendants nor the heirs of the deceased Frederick Borg Olivier, have asked that the parties to the suit be changed.
Thus the applicants humbly ask that this Honourable Court, may, saving any other reasonable and opportune provision:
1. Order that this application be notified to the presumptive heirs of the defendant Frederick Borg Olivier, son of Arthuro, in terms of Article 807(1) of the Code of Organisation and Civil Procedure;
2. Order the same presumptive heirs so that within one month from when they are notified, they declare if they intend to continue the cause instead of the deceased Frederick Borg Olivier, son of Arthuro, in terms of Article 807(2) of the Code of Organisation and Civil Procedure.
3. In default of this declaration by the presumptive heirs pass on to appoint curators ad litem, in representation of the decased Frederick Borg Olivier, son of Arthuro, in the present cause, in terms of Article 807(3) of the Code of Organisation and Civil Procedure.
4. Order that the opportune changes be made in the heading of the cause.
Civil Court – First Hall
Judge
Hon. Mark Chetcuti, LL.D.
Writ of Summons Number 748/12 MCH
Tamarac Limited et
et
Edward Zammit Maempel et.
The Court,
Having seen the application;
Orders that the parties mentioned in the application as presumptive heirs of Frederick Borg Olivier, son of Arturo, be notified who have the period of one month to declare whether they intend to continue the cause instead of their father.
Reserves to provide later on.
Sgd. Deputy Registrar.
Notify: ...omissis...
John Borg Olivier, Flat 6, St. Joseph Flats, Antonio Sciortino Street, Msida.
...omissis…
The Sworn Application in the names Tamarac Limited vs Edward Zammit Maempel et, application number 748/2012 MCH, has been put off for hearing to the 25th June 2013, at 9.00 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 868
868By a decree of the Small Claims Tribunal of 6th February 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) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 26th November 2012 whereby they asked the Tribunal to condemn Daniele Privitera (I.D. 103990M) of 11, Triq il-Kbira, Birkirkara, to pay the plaintiff company the sum of €281.78 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 788/12DMA) is put off on the 29th May 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 869
869By a decree of the Small Claims Tribunal of 8th 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).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 23rd October 2012, whereby they asked the Tribunal to condemn Micallef Moreno John Charles Mario (I.D. 56889M) of The Dwellings, Flat 1, Triq Salvu Attard, Ħaż-Żebbuġ, to pay the plaintiff company the sum of€598.12 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 714/12GB) is put off on the 31st May 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 870
870NOTICE
CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Marco Magro (I.D. 351683M) filed an application under oath (No. 94/13 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Francesco Magro number 5542/2012 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 871
871By decree given by the COURT OF MAGISTRATES (GOZO) INFERIOR JURISDICTION, on the 18th May 2013 on the application of Joseph Said et in the records of judicial sale by auction number 12/2013 (after warrant of seizure number 49/2013) in the names of Joseph Said et vs Emanuel Sultana Monday 12th August 2013 at 10.00 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. A two seater white sofa
2. A round stainless steel coffee table, with glass
3. Three small stainless steel plates and six glasses
4. A Piano Royal
5. A Wall Unit
6. A white carpet
7. A stainless steel lampshade
8. A chandelier
9. A four seater white sofa
10. A black leather coffee table
11. A TV of the make Samsung
12. Glass shelving with five black figurines
The said items are the property of Emanuel Sultana (20966G).
Jaclyn Magrin
For the Registrar
Gozo Courts and Tribunals
Notice 872
872NOTICE
CIVIL COURT (FAMILY SECTION)
Whereas Nadia Magri (I.D. 458780M) filed an application under oath (No. 281/12 RGM) demanding CORRECTION in the ACT OF BIRTH of the minor Graziella Axiak, with number 2919/2009, 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 Gazzette.
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,
Bruno Żahra
For Registrar, Civil Courts and Tribunals
Notice 873
873By means of a decree given on the 17th May 2013, by the Court of Appeal, in the records of the Application of Appeal 17/2000, in the names Bank of Valletta plc vs J. Cachia Caruana Limited et, the following publication was ordered for the purpose of service of the respondent company J. Cachia Caruana Limited and the respondent Maria Dolores Azzopardi, in terms of Article 187(3) et. of Cap. 12.
By means of a Reply to an Appeal filed in the Court of Appeal, in the cause Writ of Summons Number 17/2000 JRM, Bank of Valletta p.l.c. (C 2833) vs 1. J. Cachia Caruana Limited, 2. Carmelo sive Charles and Maryrose spouses Ellul Sullivan, 3. Philip and MariaDolores sive Lora spouses Azzopardi, 4. CSMR Trading Company Limited and 5. A & S Holding Company Limited, on the 12th June 2012, the company Bank of Valletta p.l.c. (C 2833) respectfully pleaded:
1. That the first grievance of the defendant appellants, is in the sense that in its liquidation the Honourable Court of First Instance did not consider the deposit of €512,462.15, made by them on the 29th December 1995 and thus the amount liquidated is excessive.
That the applicant humbly submits, that more loyalty was expected by the appellants and when we are mentioning this, we also mention that the Honourable Court of First Instance did not take into considerationthese two debts in the Overdraft Account, which were made after the call in of the Overdraft facility was made, in the year 1992 and the sum of €69,554.16 resulting from the merchandise account 14100290036 debted on the 1st November 1994 and the sum of €168,049.83 debted after the closure of the loan account of the defendants number 34100290016 everything on the instructions of the same appellants.
Infact thus it is the duty of the interpellants to briefly explainthe sequence of that due by the defendant appellants, whilst referring to the documents annexed with the its Note of Submissions presented before the Honourable First Court. The position can be briefly described as follows:
a) the capital outstanding in 1992, date of the call in of the facility, in the Overdraft Account, there is no contestationabout it and namely because the Capital as the same defendants state a fol. 3 of the process...omissis.. according to the Bank Prospect is substantially the same. The two other accounts which the defendant appellants had with theBank and namely the Loan and Merchandise Account are not a merit of this cause as shall be mentioned later on.
b) Regarding the payments made against the three bills, the interpellant states thus, Regarding the Merchandising Account and the Loan Account were closedby means ofpayments made from the Overdraft Account as ordered by the same defendants, in the letter of the 13th February 1996,...omissis.. if the defendant appellants had any complaint about the debiting in those accounts they had to use the appropriate procedures.
That the appellanthad already presented a tempo vergine and together with the Writ of Summons, an account of how it arrived at the balance due to it. The defendant appellantschose to attack nothing of this balance and no specific amounts were attacked.
c) That the interpellant as mentioned then with theits Note of Observations exhibited a prospect of the interest on a simple basis at the rate of eight per cent (8%) according to the Civil Code, from the date of the call in which was made on the 22nd May 1992, till the 30th September 1999 and namely the dates indicated in the plaintiff’s demands. It is explained that on the 15th February 1996, the Bank debted this account with the sum of €173,729.63 to pay and close the Loan Account – as above stated according to the instructions of the defendants. This Loan Account was worked out by simple computation following the instructionsof the defendants. This Loan Account was worked out by simple computationvide Doc ‘JCC11’ which brought about a balance of €168,049.8 ...omissis... In virtue of this exercise thus the final figure of (€1,129,927.30) together with the further interest, from the 1st October 1999, is the figure duethe interest on the Overdraft Account (and even on the Loan Account and the Merchandising Account are to be worked out, by simple computation and not compund, from the 22nd May 1992, when the account was stopped).
That the Honourable Court of First Instnce, arrived at the figure of €1,090,607.60,together with further interest from the 1st October 1999 and namelya sum which is very close to the computation which the Bank arrived at, if the interest had to be computed simply, from the date of the ‘call in’ together with further interest, from the 1st October 1999. Thus it is submitted that if the defendant appellants are right, regarding this grievance, in the best hypothesis the sum liquidatedshall be that of €1,067,034.22 together with further interest, from the 1st October 1999, as indicated in doc JC 10, the interperllant, states this saving what shall be further submitted in the incidental appeal, which shall follow later on in this Appeal Reply.
2. That subordinately and without prejudice, regarding the second grievance of the defendant appellants and namelythat of the limitation of interest, in order not to be ultra duplum, the defendant appellants are humbly submitting that in the bank account like that of Overdraft, the interest can never exceed the capital and any excess is to be reduced.
That it is the case there are various pronouncements of the highest Courts, that the rule of ‘ultra duplum’ is still part of Maltese Law, since this was never abrogated from our Civil Code.
...omissis...
In its judgement of the twenty seventh (27) of April, of the year one thousand eight hundred eighty three (1883) Pace Balzan vs Muscat, given by the Honourable Court of Appeal, (Vol x -128) it was held:
‘Sebbene le dispisizioni contenute nelle Novelle di Giustiniano NI 121 E 138 per cui col pagamento, anche’ in piu’ volte di una somma di lucri eguale e quella del capitale l-obbligazione di pagare luci si estingueva, non erano stato adottate in queste isole, quella però della L. 27 Cod De Usuris la quale faceva cessae l-obbligazione per lucri, subito che il debito per lucri non pagati ascendesse alla somma del capitale, era fino alla promulagione dell’Ordinanza 111 del 1861 in pieno vigore. Che con quell’Ordinanza varie restrizioni rispetto ai lucri del mutuo sono state abolite’ ma ne in quella legge, ne’ altraNo V11 del 1868, nella quale la prima fu trascritta, vi era e vi e’ alcuna disposizzione permissive dell’ accumulamento dei lucri ad una somma eccedente quella del capitale o altrimenti incociliabile colla legge citate De Usuris’.
...omissis...
That however it is to be stated that juridically the defendant appellants are mistaken and this as it is now established in our jurisprudence is established and uncontested, that the rule of ultra alterum tantum which originates from Roman Law, does not apply in the case of a current account and of overdraft. Infact once the interest is to be added with the capital and be capitalised and this as an effect of the modehow an overdraft account is operated, one cannotbut speakanymore ‘on interest on interest’ but interest on one capital, both the original as well as that capitalised, what originallyconsisted in capitalised interests.
...omissis...
The Honourable Commercial Court, in its judgement of the first (1) of October of the year one thousand eight hundred eight seven (1887) was precised in fact in the cause Negozjani William Leonard nomine vs Francesco Sammut upheld:
‘Sebbene sembra abbraciata la opinione di non dovere gli interess eccedere il-capitale.. tuttavia e’ evidente che questo principio e applicabilesoltanto ai casi ordinarii di mutuo o crediti per simli titoli, per inadempimento di contratti o quasi contratti et cetera’.
That it was upheld in our jurisprudence, not only as above mentioned that the rule X.27 Codice De Usuris, is applicable only in regard to loans and similar balances, but outrightly such ‘ rule is explicitly excludedfor the case of compensation in the case of the pricewhich remains unpaid.
...omissis…
For all intents and purposes, it is also statedthat since olden times, it was upheld that the rule of ultra duplum does not apply in the case where the debtis also contested.
...omissis…
That finally it is humbly submitted that this grievance is not only juridically unfounded but also factually.In fact nowhere, in the voluminousevidence produced by the same defendant appellants, any proof was brought forward that the interest exceeded the capital, which proof naturallyhas to be brought from who is alleging (onus probandi incumbit ei qui dicit non ei qui negat).
3. That subordinately and without prejudice the defendant appellants, in virtue of the third grievancetry to bring forward once again the complaintthat the bank’s behaviorwhen it closed the banking facilities in the year 1992, was not correct. That as regards the Bank’s proceedings, in regard to the defendants, it fully results, even from the evidence of the defendants, that effectively what the defendantsare complainingof is 1) That the Bank should not have stopped the facility when it recieved the Garnishee Order 2) That if the Bank proceeded correctly when it stopped the facility, it should have accomodated the same defendants, by turning the accounts on to the names of another conmpany, with the same guarantees’.
That as regards the first submission of the defendant appellants, this in the humble submission of the interpellant cannot be legally correct. The Bank had the obligation that on the date of the issuing of the same Garnishee Order it does not continue to give money to the same defendants, until the same Garnishee Order, remains in force or the request of the Creditor Comptroller of Customsis covered. What is very relevantin this background is, that on the date of issuing of the said Garnishee Order, the balances, were in the submissions of the Bank in excess of the established limits ...omissis... The Bank was faced with a situation whereby it almost had (€1,747,030.05) in the hands of a company charged by the Government of Malta, with such charges and more important stopped from passing money to the defendants and thus proceeded in the only way it could and stopped the facilities.
That subsequently to the stopping of the facility the plaintiff Bank tried to approach thedefendants to seehow they were going to make their payments. The defendant respondents however were not interested in these proposals. They were instead interested in proposals which in their own wordsamounted to a deviation from the accounts...omissis... The Bank, could not evenif it was financially to its advantage, to be in any manner party to the schemes which were being proposedby the defendants, by ignoring the Garnishee Order and insteadpass on money to the defendantsunder the guise of another commercial company.
That this is besides the fact that in their appeal the defendants nowhere explained why this Honourable First Hall made mistaken considerations a fol 10 and 11 of the judgement it lists a series of reasons why the defendants had proceeded incorrectly and not the respondent plaintiff company.
That the interpellant plaintiff, wishes to avail itself of the principal appeal filed by the defendant appellants, so that the same respondent plaintiff, file this humble incidental appeal from the judgement appealed.
That in virtue of its Writ of Summons, filed, before the Honourable First Hall Civil Court, on the 6th January 2000, the interpellant premised that:
1. That in virtue of the terms and conditions mentioned in the contract dated 9th October 1991, in the records of Notary Dr Mario Rosario Bonello (Doc. A) the respondent plaintiff company Bank of Valletta p.l.c. conceded ‘Overdraft Facility’ to the defendant appellant commercial company J. Cachia Caruana Limited;
2. That the respondent plaintiff company is a creditorof the defendant appellant company J. Cachia Caruana Limited, in the sum of (€1,213.732.40) balance of debt in the ‘Overdraft Account’ of J. Cachia Caruana Limited, with the Bank of Valletta p.l.c. together with further interest, from the 1st October 1999, till the date of effective payment.
3. ...omissis...
4. ...omissis...
5. ...omissis...
6. ...omissis...
7. That the defendant appellants were called upon by means of five judicial letters dated 4th December 1996, (Doc E.F.G.H. and I) to pay the debt above mentioned but they remained in default.
and thus asked this Honourable First Hall Civil Court;
1. To condemn the commercial company J. Cachia Caruana Limited, Carmelo sive Charles and Maryrose spouses Ellul Sullivan, Philip and Maria Dolores sive Lora spouses Azzopardi, CSMR Trading Company Limited and A&S Holding Company Limited, to pay together and ‘in solidum’ between them to the respondent plaintiff company the sum of (€1,213,732.40) balance of debt in the ‘Overdraft Account’ of J. Cachia Caruana Limited, with the Bank of Valletta p.l.c. together with further interest, from the 1st October 1999, till the date of effective payment.
without prejudice to other procedures filed against Philip and Maria Dolores sive Lora spouses Azzopardi, for whichthe respondent plaintiff company is proceeding separately.
With costs, against the defendant appellants, summoned so that a reference to their evidence be made.
That by means of a Note of Pleas filed by them on the 24th February 2000, the defendant appellants, pleaded in the first place they denied that they are debtors of the respondent plaintiff Bank, for the amount demanded and this because:
i) the said amount includes interest that exceeds the capital granted on loan and thus the amount should be reduced by that amount of interest that exceeds the capital.
ii) ...omissis...
iii) ...omissis…
iv) that their account was debted for ‘debtswhich were not correctly debted to them’.
v) ...omissis...
vi) Their account was subject to a Garnishee Order, requested by the Comptroller of Customs, which precautionary act, ruined their financial situation and ...omissis.... brought about a violation of their right to a fair hearing, within a reasonable time,which lawsuits have not yet been decided.
That by meansof the judgement given, on the 2nd May 2012, in the names premised the Honourable First Hall Civil Court:
1. Upheld the plaintiff’s demand and condemned the company summoned J. Cachia Caruana Limited and the other persons summoned in solidum between themto pay the plaintiff Bank, the sum of one million and ninety thousand six hundred and seven Euro and sixty cents (€1,090,607.00) together with legal interest on the said sum from the 1st October 1999, till the day of effective payment. It precised that the bond of the sureties summoned condemned to pay is bound in the case of each one of them, with the highest sumfor the limits of the suretyship according to the agreement made by them.
2. Condemned the persons summoned together and in solidum between them to pay the costs of the cause.
That the plaintiff felt aggrieved by the judgement above referred to for reasons which are clear and manifest and consist in the following and namely;
1. That the Honourable Court of First Instance, in its liquidation did not include not only the deposit of €512,462.15 which was made by the defendants on the 29th November 1995, but did not include and took into consideration the twodebts in the Overdrfat which were made after the call inof the overdraft facility of the year 1992.
...omissis…
That the position was explained further above in the Appeal reply, howver the interpellant hereby limits itself to emphasise that by means of the principles enunciated by the same Honourable Court, in its judgement the liquidation had to be made excactly as reflected in the prospect of interest, on the simple basis of the rate of eight per cent according to the Civil Code, from the date ofthe 22nd March 1992, till the 30th September 1999.
...omissis…
That the Honourable First Court, in its judgement arrived to the figure of €1,090,607.60 together with the further interest, from the 1st October 1999 and namely a sum very close to the computation which the Bank arrived at, had the interestbe commutedon the basis of simple interest till the date of the ‘call in’ ...omissis... together with further interest, from the 1st October 1999.
ii) That subordinately and without prejudice the plaintiff respondent company felt aggrieved in that part of the judgement, whereby the Court, declared that it is precising ‘that the bond of the parties summoned as sureties for payment is in the case of each one of them and bound with the highest sum for the limit of the suretyship according to the agreement made by them’.
That the interpellant states this because the suretyships given by the defendants and resulting from the records of the cause are for sums which exceed the sum liquidated of €1,090,607.60, together with interest from the 1st October 1999 and thusin the humble submission of the interpellants, there was no place for this declaration in the decide of the judgement.
…omissis...
That the interpellant makes reference to the fact that the said contract and in the said private writings, it is clear and expressly written down that the suretyship given by the defendants already mentioned is for the sum therein indicated in the same documents, together with the interests which accumulated and this by this measure the sum liquidated can never exceed the limit which the sureties gave, in this cause. It is humbly submitted that this ‘precisation’ should be revoked from the jugdement.
It is humbly submitted thus that the plaintiff’s demand should remain as declared in the first judgement of the decisive part and namely that all the defendants be condemned in solidum between them to pay the respondent plaintiff bank the sum of one million and ninety thousand, six hundred and seven Euro and sixty cents (€1,090,607.60) or if the principal appeal or the grievance ofthe incidental appeal is upheldthe sum of (€1,067.034.22) and always with the further interest, from the 1st October 1999, till the day of effective payment and together, with the costs of the cause in solidum betweenthe same defendants.
For the reasons above mentioned, the interpellant plaintiffcompany, whilst referring to the proof produced and producible at this stage including a reference to the oath of the defendants, respectfully pray that this Honourable Court of Appeal, whilst rejecting the appeal filed, by the defendant appellants, reform the judgement appealed, of the 14 th February 2012, as demand in this act.
With costs, of the firstinstance as already decided and with the costs of the principal appeal and the incidental appeal,are to be borne by the defendants in solidum between them.
Appellants: Bank of Valletta p.l.c.
1/5, Misraħ San Ġorġ,
Valletta.
Respondents: 1. J. Cachia Caruana Limited - Navillus, Mdina Road, Qormi.
12, Triq il-Proża, Qormi.
.
2. ...omissis...
3. ...omissis...
4. ...omissis...
5. Maria Dolores sive Lora spouses Azzopardi.
Casa Philora, Triq Vlontin, Fleur de Lys, Birkirkara.
16, MJS Holdings, Casa Philora, Triq il-Vlontin, Birkirkara.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunalsc
Warrant of Prohibitory Injunction
874By means of a decree given by the Civil Court First Hall, on the 7th May 2013, in the records of the Warrant of Prohibitory Injunction number 623/13 FS, in the names Farrugia Jennifer et vs Chetham Roy Steer, the following publication was ordered for the purpose of service of the respondents, 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) Jennifer Farrugia (I.D. 179063M) Paul Degaetano (I.D. 505462M) Josienne wife of Paul Degaetano (I.D. 222663M) and Raymond Steer Chetham (I.D. 218359M) in their own name and in the name of the irregular partnership with the name ‘RS Partners’ as well as Jane wife of Ray Steer Chetham (I.D. 88956M) and Eugenio husband of Jennifer Farrugia (I.D. 15362M) for any interest they may have, against the (Respondent) Roy Steer Chetham, son of Roy and Jane née Camilleri, born in New South Wales, Australia, identity card number 187193(M) and Carla Steer Chetham, wife of Roy daughter of Gaetano Degabriele and Margaret née Bondin, born in Pietà having identity card number 3566(M) on the 25th April 2013, the applicant Jennifer Farrugia et and Raymond Steer Chetham, (I.D. 218359M) confirmed under oath:
That the applicant in order to secure the credit hereunder mentioned against the respondent, humbly asked this Honourable Court, to order the issuing of a Warrant of Prohibitory Injunction against the respondent so that he be witheld from selling, alinating, transferring or otherwise disposing inter vivosboth by onerous or gratuitous title any property and in particular:
the apartment internally marked number ten (10) forming part of a block of apartments without number and with the name ‘Flats Indipendenza’, Binja Għenieq, at Triq il-Ħamrija, Naxxar.
Whereas in the year 2010, the applicant Jennifer Farrugia, Paul Degaetano, Josienne Degaetano and Raymond Steer Chetham, had appointedthe respondent Roy Steer Chetham, as Manager in order to render a service of marketing and mangement for the organisation of the concert which had to be held on the 3rd August 2010, by Rod Stewart.
Whereas the respondent Roy Steer Chetham was given this brief after he had convinced the applicants that he was not only capable to take care of the organisation of the concert, but an expert in this camp.
Whereas due to these assurances on the part of the respondent, the applicants between them invested more than five hundred and sixty thousand euro (€560,000) so that the concert of Rod Stewart can take place on the 3rd August 2010.
Whereas the applicants not only did not make profit from the concert but suffered huge damages, due to negligence, carelessness, lack of skill and fraudolent acts of the respondent Roy Steer Chetham, and they had to proceed by a cause in the names premised (Sworn Application Number 783/12 FS) which cause is still pending.
Whereasthat from searches made in the Public Registry, the premises above indicated is the only proprety that the respondents own.
Whereas thus if the respondents are not witheld as demanded in this warrant, the applicants suffered irremediable damages and shall have no means to execute the eventual damage in their favour in the cause above referred to.
For the purpose of service of the Director Public Registry and the Registrar of Lands contemplated in Article 874(3) of Cap. 12, the applicants ask that Notary Dr Katya Bezzina, of 23, Strait Street, Valletta,be appointed.
Thus the applicants humbly asked that this Honourable Court, order the issuing of a Warrant of Prohibitory Injunction, in question against the respondent.
Credit: €560,000 (Five hundred and sixty thousand euro).
Title: Claims deduced from the pending case between the parties in the names ‘Jennifer Farrugia et vs Roy Steer Chetham et (Sworn Application No. 783/12 FS).
Sgd Advocate: Adv. Albert Libreri, LL.D.
Sgd. PL V. Rossignaud.
Confirmed before me under oath after I reads its contents and in the presence of and filed by PL V. Rossignaud, without doc.
where the demand does not exceed
€11,646.86c.
Republic of Malta
Court Warrant
To The Court Marshall
Whereas the above application has been filed and there occurr all the elements required by law for the hereunder mentioned orders.
And after doing this and if you encounter and difficulty in the execution ofthis warrant you are to inform this Court forthwith.
Given by the Civil Court First Hall with the witness of the Hon. Mr. Justice Lino Farrugia Sacco, LL.D., Doctor of Laws.
Applicant: Dsalon, Triq il-Qantar (corner with Triq il-Keffa), Tal-Ibraġġ.
Respondent: 1. Roy Steer Chetham – Flat 10, Binja Għenieq, Flats Indipendenza, Triq il-Ħamrija, Naxxar.
2. Carla Steer Chetham, Zero Two Artisan Market, Level 0, Bay Street, Complex, St. Julian’s.
Execution: Flt 10, Binja Għenieq, Flats Indipendenza, Triq il-Ħamrija, Naxxar.
Notify: 1. Director Public Registry, Triq il-Merkanti, Valletta.
2. Registrar of Lands, Casa Bolino, Triq il-Punent, Valletta.
The Sworn Application Warrant of Prohibitory Injunction in the names Farrugia Jennifer et vs Chetham Roy Steer, application number 623/13 FS, has been put off for hearing to the 31st May 2013, at 10.15am.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 875
875By decree given by the CIVIL COURT, FIRST HALL on 6th May, 2013, on the application of VALENZIA AV DR NICHOLAS, Wednesday, 12th June, 2013 at half past eleven in the morning (11.30 a.m.), has been fixed for the SALE BY AUCTION, to be held in a HALL OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following items seized from the property of MT PACIFIC FUTURE.
Vessel MT Pacific Future IMO number 9177636, registered in Belize official number 070730103, gross tonnage of 18,597, net tonnage of 3722 and length of 181 meters.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 876
876By means of a decree given by the Civil Court (Family Section) on the 31st December 2012, in the records of the Sworn Application, in the names MicallefGrace vs Micallef Angodei, application number 213/12 RGM, 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 an Application filed in the Civil Court (Family Section) in the names Grace Micallef (I.D. 799468(M) vs Angodei Micallef (I.D. 124163M) on the 20th September 2012, the applicant Grace Micallef asked this Honourable Court, for the reasons mentioned in the application:
1. To pronounce the personal separation between the parties due to the faults of the defendant and uphold the other demands in the application.
Applicant: Barbetta, Flat 1, Triq il-Kappara, Marsaskala.
Defendant: 9, William Street, Bormla.
The Sworn Application in the names Micallef Grace vs Micallef Angodei, application number 213/12 RGM, has been put off for hearing on the 2nd July 2013, at 9.00 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 877
877IT 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 3rd day of April, 2013, and this after a written plea Numbered 25/2013, Ordered:
The correction of the Act of Birth of ‘Lily (Emanuela) Vella’, bearing number 6686 of the year 1959, under the columns entitled ‘Names given’ and ‘Name or names by which the child is to be called’, the name “Lily(Emanuela)”, is to be cancelled and substituted with the name “Lily sive Lilian”.
Mary Josette MusÙ
F/Registrar
Court of Revision of Notarial Acts
Notice 878
878IT IS BEING NOTIFIED that by a decree dated 22nd May, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Miriam Hayman LL.D., Compilation number 457/2013 in the case:
The Police
(Inspector Raymond Aquilina)
(Inspector Herman Mula)
(Inspector Pierre Grech)
Versus:
John Joseph Evans, 31 years, DJ, son of John Joseph Evans Salgado and Velina née Siva, born in Italy on the 27th February 1982, residing West Palm Beach, Inis Rd. No. 2, Florida, USA and holder of American passport number nr. 484664237 issued on the 31st August 2011 and expires on the 30th August 2021.
And
Vladimir Omar Fernandez Delgado, 30 years, sales executive,son of George Fernandez and Nilza née Delgado, born in Panama on the 26th September 1982 and residing at San Miguelito, Cerro Batea, Calle 20, Nr. 1500, Panama and holder of Panamanian passport number 1866483 issued in Colón on the 07th March 2012 and expires on the 6th March 2013.
ORDERED the attachment in the hands of third parties in general all monies and other moveable property due or pertaining or belonging to John Joseph Evans and Vladimir Omar Fernandez Delgado and prohibits the said accused from transferring or otherwise disposing of any moveable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Articles 5(1)(a)(b) and 5(1) and 5(2)of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Dr John Seychell Navarro
Dip. Hlth Science, Dip Mgmt Stud., Dip. Not. Pub., LL.B., LL,D
Assistant Registrar
Criminal Courts and Criminal Tribunals (Malta)
Notice 879
879By means of a decree given on the 24th May 2012, in the records of the judicial letter, in the names Andrews Feeds (Malta) Limited vs St Joseph Farm Limited, the First Hall Civil Court, ordered the following publication for the purpose of service of the defendant company, in terms of Article 187(3) of Cap. 12.
In the First Hall Civil Court
Tothe company St Joseph Farm Limited (C 30368) ta’ Xiwan, Triq tal-Mielaħ, Swieqi, Malta.
By the present judicial letter, the company Andrews Feeds (Malta) Limited (C 406) calls upon you so that within two days from the date of service of this letter you pay the interpellant company, the sum of sixty nine thousand, one hundred fifty seven Euro and seventy cents (€69,157.77) which sum due by you represents the price of mixed fodder that you purchased from the interpellant company and the related expenses.
In default of payment within the time given to you procedures will be taken against you without another prior notice.
With costs and legal interest till the effective payment.
Interpellant company: Andrews Feeds (Malta) Limited (C 406)ta’ Valletta Road, Luqa, Malta.
Respondent company: St Joseph Farm Limited (C30368) ta’ Xiwan, Triq tal-Mielaħ, Swieqi, Malta.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 880
880By a decree given on the 16th May, 2013 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).
By the application filed in the Civil Court First Hall on 4th February, 2013 by Bank of Valletta p.l.c. (C2833), is being asked that the Court orders the Sale by Auction of the:
1. Maisonette in the first floor, with the number nineteen letter B (19B), as well as the washroom and the overlying airspace and the well, in Triq is-Swatar, Msida, overlying the property of the Housing Authority or their successors in title and bounded by the Northeast with the road and from all other boundaries bounded by the property of the Housing Authority or their successors in title. This property is subject to an annual and perpetual ground rent of sixty, nine euro and ninety cents (€69.90).
2. The garage with the number nineteen letter B (19B) in Triq is-Swatar, Msida. The said garage is underlying the property of the Housing Authority or their successors in title. The said garage is accessible from the said road and from all other boundaries bounded by the property of the Housing Authority or their successors in title, free and unencumbered with all its rights and appurtenances.
The said tenement is the property of Hamdy Gaber Moustafa Madkour (I.D.: 271205(L)) and Angela Madkour (I.D.: 274063 (M)).
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 881
881By means of a decree given by the First Hall Civil Court, on the 9th August 2012, in the records of the Sworn Application number 252/13 JZM, in the names Lombard Bank Malta p.l.c. vs R J Attard and Company Limited et, the following publication was ordered for the purpose of service of the respondents RJ Attard & Company Ltd et, 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 Lombard Bank Malta p.l.c. vs R J Attard & Company Limited, as principal debtor and Richard Attard and his wife Tania Attard, as sureties in solidum, on the 13th March 2013, the applicant company Lombard Bank Malta plc (C 1607) humbly asked this Honourable Court, for the reasons premised in the application:
1) to condemn all the respondents ‘in solidum’ to pay the applicant Bank, the sum of forty one thousand, three hundred and ninety five point nine four Ewro (€41,395.94) according to a ‘statement’ hereby annexed and marked Doc. ‘B’ with interest calculated till the fifth (5)th March of the year two thousand and thirteen (2013), besides further interest from the 6th Marchof the year two thousand and thirteen (2013) till the date of effective payment, representing balance of debt in the loan facility given to the respondent company R.J. Attard & Company Limited, as described in the application.
With all costs as demanded and legal interest from the 6th March 2013, till the date of effective payment against all the respondents, the directors of the respondent company R.J. Attard & Company Limited are from now summoned so that a reference to their evidence be made and the other respondents Richard Attard and his wife Tania Attard are from now summoned so that a reference to their evidence be made.
List of Documents.
Applicant: 67, Republic Street, Valletta.
Respondents: 1) R.J. Attard & Company Limited, The Penthouse, Triq il-Kunsill, Żebbuġ.
2) Richard Attard, 15, Ta’ Ġuża, Triq il-Ġnien, Ħal Għargħur.
3) Tania Attard, 51, G. Borg Olivier Street, Saint Julians.
The Sworn Application in the names Lombard Bank Malta plc vs R.J. Attard and Company Limited et, application number 252/13 JZM, has been put off for hearing to Monday, 17th June, 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Superior Courts and Tribunals
Notice 882
882By decree given by the CIVIL COURT, FIRST HALL on the 15th April 2013, on the application of BANK OF VALLETTA PLC, Tuesday, 18th June, 2013 at noon has been fixed for the SALE BY AUCTION to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property:
The tenement, with its own airspace, numbers one hundred and twelve (112) and one hundred and thirteen (113) in Triq San Ġwann, Bormla. The said property is free and unencumbered and vacant with all its rights and appurtenances, valued at two hundred and twelve thousand euro (€212,000).
The said tenement is the property of Ahmed Ibrahim Mohammed sive David Al Jolsi (I.D.: 235005(L)) and Doreen Al Jolsi (I.D.: 279473(M)).
N.B. The said tenement will be sold as described in the acts of the file number 74/2012.
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 883
883By decree given by the COURT OF MAGISTRATES (GOZO) INFERIOR JURISDICTION, on the 17th May 2013on the application of Dr Angele Formosa noe in the records of judicial sale by auction number 55/2011 in the names of Dr Angele Formosa noe vs Philip Fenech (and after warrant of seizure number 205/2011) Monday, 14th October 2013 at 10.00 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. A green Hyundai Accent registration number FAB-965;
2. A Sony TV
3. Two television tables
4. A three-door oak wardrobe
5. An oak wardrobe
6. An oak wall-unit
7. A four-door wardrobe
8. A four-drawer chest with mirror
9. A double-bed with two bedside tables
10. Two reddish arm-chairs
11. A three-seater green sofa
12. A picture frame
The said items are the property of Philip Fenech (I.D.: 2779G).
Jaclyn Magrin
For the Registrar
Gozo Courts and Tribunals
Notice 884
884By a decree of the Court of Magistrates (Malta) of the 27th February 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).
Bank of Valletta p.l.c (C2833) of 1/5, Misraħ San Ġorg, Valletta, VLT 1190, filed a Claim on the 18th December 2012, whereby they asked the Court to condemn Dr Frank Portelli (I.D. 514744M) of304, Villa Portelli, Triq San Pawl, San Pawl il-Baħar, to pay the plaintiff company the sum of €3,886.72 which amount is due to the plaintiff company.
With costs and interests.
The case (Notice No. 427/12MF) is put off to the 3rd June 2013 at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 885
885By a decree of the Court of Magistrates (Malta) of the 9th April 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).
Attard & Co (Foodstuffs) Limited (C-25937) of Canter Business Centre, Triq P Feliċjan Bilocca, Marsa, filed a Claim on the 28th March 2012, whereby they asked the Court to condemn C&C Caterers Limited (C35883) of 3/2, Holstein Apartments, Triq JF Marks, San Ġwann and Claude Paris (I.D. 386578M) of 16, San Michele, Triq Ġ. Despott, San Ġwann in solidum, to pay the plaintiff company the sum of €5,779.93 which amount is due to the plaintiff company.
With costs and interests.
The case (Notice Number 112/12VG) is put off to the 3rd June 2013 at 11.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 886
886By a decree of the Small Claims Tribunal of the 21st 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).
Mario Calleja, John Vella, Andrew Lyon, Leonard Debono, Robert Farrugia, John Buttigieg, Joeann Milva and Mario Calleja of Dar Marianna, Triq Dun Ġużepp Tanti, Ħal Lija LJA 1710 filed a Claim on the 4th June 2012 whereby they asked the Tribunal to condemn Lawrence Galea of 21, Casa Galea, Pjazza Santa Liena, Birkirkara and/or Elena Flavia, Flat 3, Triq San Franġisk, St Paul’s Bay, to pay the plaintiffs the sum of €541.45 which amount is due to the plaintiffs.
With costs and legal interests.
The case (Claim Number 403/12KPS) is put off on the 5th June 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals