Mur Lura
Court Notices published in Govt. Gazette No. 19,102 of the 25th June 2013
01/01/2013
Notice 1043
1043By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th May 2013, Application number 539/2013 by John Sarè,whereby he prayed that it be declared open in favour of the same John Sarè (brother of the decujus) and this in the quota of one third (1/3); in favour of Marylin Zammit, daughter of Michelina nee Sarè and this in the quota of one third (1/3) undivided share; and the remainder one third in favour of Malcolm Mallia and Audrienne Spiteri Gonzi, children of the late Joyce nee Sarè in equal shares between them the SUCCESSION ofMaria sive Mary Sarè, unmarried, daughter of the late Francis Saviour Sarè and Giovanna sive Jane née Zammit, born and resided in Pietà and before she died she resided in Saint Vincent de Paul Hospital Luqa where she died on the 24th November 2012 aged 79 holding identity card number 22938 (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 1044
1044Byadecree of the 12th June, 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(5) of the Code of Organisation and Civil Procedure (Cap. 12)
That by an application filed by Roger A Strickland on the 9th May, 2013, is asking for the withdrawal of the amount of €300 and €10,000 deposited by Schedules of Deposit number 612/13 and 613/13, lodged by Philip Farrugia and BM IT Limited. The Court ordered the notification of this application to the interested parties with a four day period to file a reply.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1045
1045By a decree given on the 13th 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 (Chapter 12).
By the application filed in the Civil Court First Hall on the 8th February, 2013 by Kevin Azzopardi (ID: 78078M) and his wife Frances Azzopardi (ID: 27980M), is being asked that the Court orders the Sale by Auction of the:
Two apartments numbered one (1) and three (3) forming part of a block which was built instead of the tenement sixty two (62), Triq San Luqa, St. Paul’s Bay, the said apartments are subject to a share of an annual and perpetual ground rent of eighty two euro cents (€0.82c) as well as the common parts of the said block, that is, the main door, stairs, stairwell, lift and lift shaft, drains, drainage and rain water and of those parts which are usually intended for the common use, as well as a level of garages.
The said tenement is the property of George Galea ID: 41573 (M).
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 1046
1046By means of a decree given, by the First Hall Civil Court, on the 10th June 2013, in the records of the Sworn Application, in the names Bonavia Irene et vs Camilleri Joseph, application number 367/13 JA, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Irene Bonavia and her husband Mark Bonavia, for any interest he may have I.D. 309074M and 444467M respectively versus Joseph Camilleri I.D. 176463M, on the 17th April 2013, asked the defendant to state why this Honourable Court should not, saving any necessary declaration:
1) Declare that the defendant on the 1st April 2013, committed a spoilation when he entered in the field or part of it enjoyed by the plaintiffs and uprooted the trees and carried out work therein, order the defendant to restore and reintegrate the applicants in the possession of their full rights and uphold the other demands in the application.
With costs, against the defendant, who is summoned so that a reference to his evidence be made.
Applicant: Għazzara View, Triq Manwel Bonnici, Burmarrad, l/o, Saint Paul’s Bay.
Defendant: Paddock, Triq id-Dwieli, St. Paul’s Bay.
The Sworn Application in the names Bonavia Irene et vs Camilleri Joseph, application number 367/13 JA, has been put off for hearing to the 5th July 2013, at 9.30 a.m.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1047
1047By means of a decree given, on the 13th June 2013, by the Civil Court First Hall, in the records of the Warrant of Description number 2028/08 in the names Kevin Caruana et vs Carmen German et, the following publication was ordered for thepurpose of service of the respondents, in terms of Article 187(3) et of Cap. 12.
By means of an Application filed in the Civil Court First Hall, in the records of the Warrant of Description number 2028/08, Kevin Caruana (I.D. 360955M) and Antonia Caruana (I.D. 293358M) and Vincent and Catherine spouses Camilleri (I.D. 244869M and 553148M) respectively vs Carmen and Ronald spouses German (I.D. 295935M and 682440M) on the 8th March 2011, the applicant Kevin Caruana (I.D. 360955M) and Antonia Caruana (I.D. 293358M) and Vincent and Catherine spouses Camilleri (I.D. 244869M and 553148M) respectively, pleaded with respect:
1.That in execution of the judgement in the names Kevin Caruana et vs Carmen German et decided on the eleventh (11) of January of the year two thousand and five (2005), the applicants obtained the issuing of a warrant of description number 2028/08 against the respondents German in order that there be described the movable objects there are in the premises Helipolis, Flat 11, 313, Triq San Pawl il-Baħar, St. Paul’s Bay, which objects were also seized by means of a warrant of seizure number 908/05, in the names premised. That the Court order, included an order that the objects described had to remain in the premises were they were described and so that these not be taken elsewhere and this in security of the rights of the applicant which were brought forward by means of a procedure of judicial sale;
2. That it resulted that the spouses German are no longer residing in the premises where the objects were seized and it appears that all the objects which were described were taken from the premises by the same respondents evidently in violation of the Court Order, with the only purpose to evade this warrant and the execution of the judgement;
3. That for all this there are as witnesses Kevin Caruana and Antonia Caruana as well as Vincent and Catherine spouses Camilleri, the Court Marshalls, which executed the warrant and the same respondents;
4. That this behaviour of the respondents, constitutes contempt of the order of this Honourable Court.
Thus the applicants respectfully pray this Honourable Court so that saving any necessary and opportune declaration;
1) It declares that the respondents violated the orders of this Honourable Court by removing the objects described from the premises where they were found by the marshall and were described and this against the express order of the Court and solely to avoid the effects of the warrant and the execution of the judgement;
2) Order the respondents so that within a short and peremptory period that this Honourable Court shall fix they bring forward all the objects described under penalty or sanction that this Honourable Court may fix;
3) Order the Court Registrar to proceed with a cause against the respondents for contempt carried out by them towards the Court authority and that such procedures be commenced and proceeded with urgently.
Applicant: Mediterranea, Triq Mejjiesa (Il-Manikata), Mellieħa.
50, Triq San Pawl, Birżebbuġa.
Respondents: Carmen and Ronald spouses German, Triq il-Mitħna, Attard.
Civil Court First Hall.
Hon. Mr Justice Gino Camilleri, LL.D.
In the records of the Warrant of Description number 2028/08, in the names;
Kevin Caruana et
vs
Carmen Geman et.
The Court,
Having seen the application,
Orders that the respondents spouses German be notified and are to file a reply within one week.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1048
1048That by a Schedule of Deposit filed by Paul Cardona, on the 8th January, 2013 is depositing the amount of €2,042.86 of ground rent of a property with no number known as “Mar-Paul,” Ċikku Bonaci Street, Birkirkara, build on a factory site known as plot number seven (7) known as “Ta’ Sqaq l-Għoġla,” bounded on the North with plot number six (6) property of George Camilleri, on the West with the said “Triq Ċikku Bonaci” formerly known as “Sqaq l-Għoġla” and on the South pertaining to Romeo Borg or successors in title, with all its rights, appurtenances and enjoyments.
MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals
Notice 1049
1049By a decree given on the 13th 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 the 21st February, 2013, by Kevin Azzopardi (I.D. 78078M) and his wife Frances Azzopardi (I.D. 27980M), the said Kevin Azzopardi et are asking that the decree of the 14th February, 2013, where it was ordered that an Architect and Civil Engineer be appointed as an expert to make an estimate of the immobile property, be revoked and instead the estimate value and report of the Architect Stephen Mangion of the 23rd August, 2011, is accepted.
The Court ordered that the debtor be notified with four days to file a reply.
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 1050
1050By means of a decree given by the First Hall Civil Court, on the 20th June 2013, in the records of the Protest number 176/13, in the names Antoine Camilleri vs Louis Camilleri, the following publication was ordered for the purpose of service of the respondents, in terms of Article 187(3) of Cap. 12.
By means of a Protest, filed, in the Civil Court First Hall, in the names Antoine Camilleri, (I.D. 43618G), in his own name and on behalf of the heirs of his wife Angele Camilleri, vs Louis Camilleri , (I.D. 177347M), Paul Camilleri, (I.D. 185360M), on the 18 th April, 2013, the interpellant Antoine Camilleri, (I.D. 43618G), in his own name and in the name of the heirs of his Angele Camilleri, respectfully pleaded;
1.That this protest is being made by the protesting party Antoine Camilleri as widower of the deceased and the other protesting parties as co-heirs of Angele Camilleri;
2. That Angele Camilleri died, on the 18th March, 2010. That although three years lapsed from the death of the mother of the respondents, they are stopping the process in order that the cause mortis which refers to the death of their mother, be signed;
3. That due to this behaviour of the respondents, the protesting parties are suffering serious prejudice since the interests on the tax due on this causa mortis are increasing yearly.
4. That it results that presently the tax due amounts to circa thirty six thousand euro (€36,000).
5. That this behaviour of the respondents is abusive and illegal and is causing serious and grievous prejudice to the protesting party and his children as heirs of their mother.
Thus by means of the present protest, the protesting party whilst bringing the above to your formal notice calls upon you so that within a week from when yourecieve this protest, the respondents take the necessarysteps to sign the relative causa mortis and puts the respondents in dolo, culpa et morafor this abusive and illegal behaviourand reserve the right to take the necessary action.
Service: 64, ‘Villa Louisiana’ Triq Ant. Schembri, San Ġwann.
The Old Farmhouse, Triq il-Ħarrub, Swieqi.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1051
1051By a decree given on the 11th June, 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 the 25th February, 2013, by Bank of Valletta p.l.c. (C2833), is being asked that the Court orders the Sale by Auction of the:
1. A garage, known as garage number nineteen (19), underlying a block of apartments known as “The Corinthians”, situated in Triq il-Qroll, Buġibba, limits of St. Paul’s Bay, and bounded on the North by the said road, and from all other boundaries bounded by the property of St. Paul’s Court Limited, and is subject to an annual and temporary sub ground rent of ten Maltese liri (Lm10.00) for the remaining period out of the original period of one hundred (100) years which started running on the 1st April, 1969.
2. An apartment with its own airspace, internally marked with the number three (3), forming part of a block of unnumbered apartments known as “Bay View Flats”, in Triq il-Pijunieri, formerly known as Bay Street, Buġibba, limits of St. Paul’s Bay, overlying the property belonging to third parties. The said block is bounded on the west by the said road, on the east and south by the property of Joseph Fenech and Lawrence Cuschieri or their successors in title. The entrance and drainage system of the said apartment are in common with the other apartments of the block, otherwise free and unencumbered.
The said tenement is the property of Philip Azzopardi (I.D. 178444M) and Maria Dolores Azzopardi (I.D. 423543M).
Diane Mifsud
For the Registrar, Civil Courts and Tribunals
Notice 1052
1052By means of a decree given, on the 18th June 2013, by the Rent Regulation Board, in the records of the Sworn Application, in the names Gevimida Limited (C 3558) vs Robert Borg, Application number 57/13 GG, the following publication was orderedfor the purpose of service of the respondent, in terms of Article 187(3) of Chapter 12.
By means of an Application, filed, in the Rent Regulation Board, in the names Gevimida Limited ( C 3558) vs Robert Borg (405389M) on the 17th May 2013, the applicant Gevimida Ltd (C 3558) asked this Honourable Board, saving any declaration it deems fit;
1.To decide according to the demands without proceeding to a hearing of the cause in terms of article 16A of the Ordinance regulating the Renewal of the Lease, order the respondent so that within a short and peremptory periodwhich shall be fixed by this Board, vacate the appartment number 69, ‘Marshall Court’ Blokk D, Triq ir-Rebħa, Gżira and return to the applicant all the keys of the same and uphold all the other demands in the application, amongst which the arrears of rent.
With costs and legal interests against the respondent, summoned so that a reference to their evidence be made.
Saving any other action due to the applicant according to law, as demanded in the application.
Applicant: Gevimida Limited (C 3558)
Ciel de Bleu, 48,
Triq Anton Schembri,
Kappara,
San Ġwann.
Respondent: Robert Borg (405389M)
69, ‘Marshall Courtr’ Triq ir-Rebħa,
Gżira.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1053
1053By a decree of the Small Claims Tribunal ofthe 5th 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 31st October, 2012, whereby they asked the Tribunal to condemn Alexandra Attard (I.D. 623963M) ofSea Haven, Flat 9, Triq is-Simar, San Pawl il-Baħar, to pay the plaintiff company the sum of€788.51 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 732/12GB) is put off on the 5th July, 2013, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1054
1054By means of a decree of the 30th May 2013 of the Civil Court First Hall in the records of judicial letter number 1449/13, in the names Paul Falzon noe vs Jason Manuel Briffa, the following publication for the purpose of service of the respondent was ordered in terms of Article 891(1) of Chapter 12.
In the First Hall of the Civil Court
To Jason Manuel Briffa (I.D. 121193M) of Triton, Flat 3, Triq il-Knisja, San Ġiljan.
By the present Paul Falzon (I.D. 422060M) for and on behalf of Tlata Operations Limited (C 20733) of Hardstone Quarry No 32, 15, Misraħ Suffara, l/o Rabat, whilst refering to the constitution of debt of the 28th July 2008, in the acts of Notary Doctor Jean Paul Farrugia (a copy is attached herewith), calls upon you so that within two days from the day of service of this judicial letter you pay the sum of €127,897.00 representing the amounts that you have to pay to the applicant for construction material and a van of the type Mitsubishi Pajero, registration number CBP013.
You are informed that this debt constituted by means of a public deed is certain, liquid and due and that therefore it constitutes an executive title in terms of Article 253 of Chapter 12 of the Laws of Malta.
If you fail to comply with the above within the stipulated timeframe, further judicial procedures will be initiated against you without further notice, including the issuing of the opportune warrants.
So much for your own guidance.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1055
1055By means of a decree given on the 18th October, 2013, by the Rent Regulation Board, in the records of the Sworn Application in the names Victor Vella et vs Brian Micallef et, application number 60/13 GG, the following publication was ordered for the purpose of service of the respondents, Spiridione Chetcutiand his wife Isabelle Chetcuti, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Victor Vella (I.D. 361066M) and his wife Marisa Vella (I.D. 394170M) vs Brian Micallef (I.D.479086M), Spiridione sive Dione Chetcuti (I.D. 266265M) and his wife Isabelle Chetcuti (I.D. 454469M) in solidum betwee them,on the 23rd May, 2013, the applicants Victor Vella andhis wife Marisa Vella, asked the respondents to state why this Honourable Board should not:
1. Hear and decide this application byupholding their demands without proceeding to a hearing of the cause in terms of Article 16A of Cap. 69 of the Laws of Malta, declare that the respondents were in delay in the payment of rent according to the agreement they had with the applicants and consequently order the eviction ofthe respondents, from the premises ‘Zapps’ in Marfa Road, Għadira, limits of Mellieħa, within a short and peremptory period and uphold the other demands in the application, including the payment of arrears of rent.
With legal interest as demanded in the application and saving any other action due to the applicants as regards the lease above mentioned.
Applicant: 127, Simara, Triq il-Qortin, Mellieħa.
Respondents: 1)................omissis.................
2) Spiridione Chetcuti, 13, Madonna tal-Ħniena, Triq il-Plejju, L-Mġarr, Malta.
3)Isabelle Chetcuti, 13, Madonna tal-Ħniena, Triq il-Plejju, L-Mġarr, Malta.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 1056
1056By means of a decree given, on the 31st May, 2013, by the Court of Appeal, in the records of the Appeal Application, in the names Carmelo Calleja et vs Godfrey Zammit et, application number 390/07, the following publication was ordered for the purpose of service of Maria Concetta Schembri, in terms of Article 187(3) of Cap. 12.
By means of an Appeal Application, filed, in the Court of Appeal, in the cause in the names Writ of Summons Number 390/07, Judgement, 9th October 2012, Carmelo and Victoria spouses Calleja, holders respectively of identity card numbers 358958(M)and 513456(M) vs Godfrey Zammit and Monica spouses Zammit, holders respectively of identity card numbers 116660(M) and 758856(M) and Maria Concetta Schembri, on the29 th October 2012, theapplicants Carmelo and Victoria spouses Calleja, respectfully pleaded:
That the plaintiffs, filed a sworn application, on the 3rd April 2007, before the First Hall Civil Court, whereby the plaintiffs filed a cause for spoliation against the defendants, since the defendants stopped and uprooted their water tank system, and thus the plaintiffs instituted a cause for spoliation and premised the following;
That the applicant plaintiffs are the owners of the premises with number 110,Canon Road, Santa Venera, which premiseshas two yards on the back,which can be acceded to exclusively from the property of the applicant plaintffs.
That the property of the applicant plaintiffs, is a grounfloor property, whilst the property of the defendants is the property overlying that of the same plaintiffs.
That about one year three months ago, the defendant respondents, abusively and illegallyand without the consent and authorisation of the applicant plaintiffs, opened windows which abutt on property of the applicant plaintiffs and fixed balconies which directly abutton one of the yards of the applicant plaintiffs.
Whereas the respondents, dueto these works carried out by them or by persons appointed by them, invaded the airspace of theyards of the same applicant plaintiffs, without their consent or authorisation;
Whereas these works are abusive and illegal besides serving to create new servitudes and aggravated already existing servitudes, causing serious prejudice to the same applicant plaintffs.
Whereas the applicant plaintiffs called upon the respondent defendantsto close such apertures, windows and balconiesand put everything as it was before.
Thus the respondent defendants are to state saving any necessary and opportune declaration and forthe reasons premised, why this Court should not:
1. Declare that the various works carried out in the premises of the defendants amount to the creation and/or aggravation of the servitudesto the prejudice of the premises of the plaintiffs, besides being abusive and illegal, and if necessary by means of the appointment of referees;
2. Consequently condemn the respondent defendants, so that within a short and peremptory period they remove and /orremedy all those worksindicated to them by the same Court, which result abusive and illegal.
3. And in default authorise the applicant plaintiffs, to carry out themselves the works ordered by the Court, at the expense of the respondent defendants.
4. Make any other provisionand give every order it deems fit and opportune in the circumstances.
With costs, against the respondent defendants, summoned so that a reference to their evidence be made.
That the defendants filed a sworn application dated 11 th June 2007, in which sworn application the defendants premised;
That the plaintiff’s demands are unfounded in fact and at law as the defendants did not commit any spoliation in regard of the same plaintiffs and in any case there do not recurr the necessary elements, so that an action of privileged spoliation succeed;
Saving further pleas;
That on the 9th October 2012, the First Hall Civil Court, decided the cause after hearing all the proofwhereby it upheldthat there did not exist the element of possession,due to the factthat according to the Court, the plaintiffs, were holding the said water tankby mere tollerance of the defendants and nothing less.
That the plaintiffs due to this judgement felt aggrieved by the judgement given on the 9th October 2012, by the First Hall Civil Court.
The First Grievance.
That the first grievance of the appellant plaintiffs, refers to the fact that the action of spoliation, the basis of which is public order, whereby thusthe principle of spoliationrefers to the fact that when a person is molested in any possession it has, the person shall have the right to ask the Court, by means of an action of spoliationto be re-integrated in the safeguarding of its possession;
That in the case of a cause of spoliation, the Court, is to examine only whether the three elements of (i) possession (ii) arbitrary action made violently and/or clandestinely and (iii) within two months from the date of the act of spoliation, subsistin order that the action for spoliation succeed.
That in the case in question the Court of First Instance, with all respect, argued that in the case in question the plaintiffshad that water tank,by mere tollerance and thus had no right to demand that they be re-inegrated in their rights.
That the grievances of the appellants relate to the fact with all respectthat the First Hall Civil Court, was mistaken, when it passed on to take a decision in this cause, whether the title and/or lack of it of the appellants, was one of tollerance or not.
That as the Court upheld,in the judgement Rosina widow of Andrew Agius vs Angelo and Antonia spouses Agius, decided by the Court of Appeal, on the 2nd November 1994, the Court, upheld the following;
‘As has been constantly upheld by our Courts, the possession required by law in spoliation, for the purposes of the action of reintegration) ( as is the case in the present action) it is not necessrythat there is possession by title of ownershipor servitude, but it is enough that there is any possession, even material and ‘factual’.
That the First Hall Civil Court, did not appreciate the fact whether the plaintiffs had agreed with the father of Monica Zammit and that the said agreementhad subsisted for seven/eight yearsbefore they institutedthe cause,thus possession existed on the part of the plaintiffs...omissis... the principle of possession is a principle of public orderand is not one whether there was a title and / or not.
That the plaintiffsuphold that they havea title,but with all respect an action for spoliation is not the forum and not the Court, to examine, what title exists between the parties.
...omissis...
That by means of thejudgement given , by the Court of First Instance, with all respect, a serious precedent can arise, which giveswhoever is the owner of a roof airspace and where nothing in writing exists,regulatingwater tanks, to remove and uproottanks belonging to third parties, because according to the thesis of the Court of First Instance, they are there on the basisofmere tollerance and thus the owner of the roof sirspace can remove these tanks which are not regulated by any title and /or writing.
That the intention of the legislator in an action for spoliation is so that public order be upheld, so that everything is put in its former state whereby, if a person, and /or has any dispute regarding the title or notprocedures are held in order to examine that title. The legislator howevernever wanted that a person take the law in his own hands.
That with all respect and by the same argument of the First Hall Civil Court, if the Court of First Instance, considered that this is a case of ‘ mere tollerance’ even mere tollerance is regulated by law according to Chap 16.
That in the case in question the appellants proved the three elementsand with all respectthe plaintiffs, brought all the necessary proof to showthe three elements in order that an actio spoliisucceed arepresent in this cause.
That the respondent defendants did not bring any different proof, butbroughta proof which consisted of ‘detto del detto’because,as proofand evidence only Godfrey Zammitwas brought forward.
That in view of the premised andin view of their grievance the plaintiff appellants respectfully pray that this Honourable Court, cancel and revoke the judgement given by the First Hall Civil Court, in the names Carmelo and Victoria spouses Calleja vs Godfrey Zammit and Monica spousesZammit and Maria Concetta Schembri, decided on the 9th October 2012, and uphold the grievances of the appellant plaintiffs and this with costs as indicated in the original sworn applicationagainst the same defendant appellants.
Notify: Godfrey Zammit et’ Windenmere’ Triq Ta’ Xmiexi, Msida.
Maria Concetta Schembri,Flt 1, No 1, Triq il-Parroċċa, Santa Venera.
Reġistry of the Superior Courts ( Appeals) today 21st June, 2012.
Adv. Frank Portelli,LL.D.
For the Resgistrar, Civil Courts and Tribunals
Notice 1057
1057By a decree given on the 3rd June, 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 decree given by the CIVIL COURT, FIRST HALL on 28th May, 2013, on the application of BORĠ ANTHONY, Tuesday, 30th July, 2013, at eleven in the morning (11:00 a.m.), has been fixed for the SALE BY AUCTION, to be held in THE FIRST FLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the following property.
Semi detached villa number forty four (44) named Villa Fusina and underlying basement garage in Triq Ġorg Żammit, Attard free and unencumbered valued four hundred and fifty thousand euro (€450,000).
Office named ‘Faye’, in Triq Santa Katerina, Attard, free and unencumbered valued thirteen thousand euro (€13,000).
The tenement numbered fifty two (52) and underlying basement garage in Triq San Pawl, Rabat, Malta, free and unencumbered, valued one hundred and fifty thousand euro (€150,000).
Flat numbered 2B, named Landsbridge Mansion, in Islet Promenade, Buġibba, subject to annual and perpetual ground rent of two euro and thirty three cents (€2.33), valued at four hundred and thirty thousand euro (€430,000).
Garage number eleven (11) named Landsbridge Mansions, in Islet Promenade, Buġibba situated in ground floor level -1, subject to annual and perpetual ground rent reviewable of one euro and sixteen cents (€1.16) valued at thirty thousand euro (€30,000).
Garage number seventeen (17) named Landsbridge Mansions, in Islet Promenade, Buġibba situated in ground floor level, subject to annual and perpetual ground rent reviewable of one euro and sixteen cents (€1.16) valued at twenty-eight thousand (€28,000).
The said tenement is the property of FALZON PIERRE (I.D. 535060M) u FALZON HELEN (I.D. 506761M).
N.B. The said tenement will be sold as described in the acts of the file number 69/12.
Marvic Farrugia
For the Registrar of Civil Court and Tribunals
Notice 1058
1058By a decree of the Small Claims Tribunal of 19th 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).
Abigail Sammut (I.D. 494288M) in her own capacity and for and on behalf of the proprietors of Vivant Court of Janquil, Plot 10, Cassarino Street, Buġibba,filed a Claim on the 28th May, 2012, whereby she asked the Tribunal to condemn William Colin Morfitt (I.D. 33123A) and Jennifer Morfitt (British Passport Number 2452080852) of Flat 3, Vivant Court, Triq iċ-Ċern, Bugibba, to pay the plaintiff company the sum of€1,152.88 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 392/12GB) is put off on the 28th June 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1059
1059By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th June, 2013, Application number 561/2013 by Raymond Pirotta, Catherine Sammut and Joseph Fenech, children of the decujus whereby they prayed that it be declared open in their favour in the quota of one third (1/3) undivided share each one of them the SUCCESSION oftheir father Salvatore Pirotta, husband of the late Catherine née Ciappara, born in Naxxar, where he lived and died on the 20th July, 2003, aged 67 (I.D. 140236M) 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 1060
1060By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 5th June, 2013, Application number 572/2013 by Elena Caruana and others whereby she prayed that it be declared open infavour of the same Elena Caruana, wife of the decujus and this in the quota of one half (1/2) undivided share; and in favour of Joseph Caruana and Martes sive Maria Theresa Schembri, children on the decujus and this in the quota of one fourth (1/4) undivided share each one of them the SUCCESSION ofEmanuel Caruana, husband of the same Elena Caruana, son of the late Joseph Caruana and Mary née Farrugia, born in Ħamrun, resided in Birkirkara and died in tal-Qroqq limits of Imsida on the 10th February, 2013, aged 70 holding (I.D. 0032243M)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 1061
1061By means of a decree of the 11th January, 2013, in the Court of Magistrates (Malta) in the records of the judicial letter number 2630/12 in the names Bank of Valletta p.l.c. vs Jonathan Farrugia 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 Courts of Magistrates (Malta) against Jonathan Farrugia (I.D.373281M) of Pegasus, Flat 3A, Triq l-Alka, San Pawl il-Baħar,on the 9th October, 2012, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorg, Valletta, VLT 1190,calls upon you so that within two days you pay the sum of €9,304.76 balance of debt in your Consumer Loan Accounts with Bank of Valletta p.l.c.togetherwith further interests from the 6th July, 2012, till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1062
1062It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 13th February, 2013, in the records of the judicial letter number 3637/12, in the namesFogg Insurance Agencies Limited vs Middlesea Insurance plc et, ordered the following publication for the purpose of effecting service on the respondents, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Middlesea Insurance plc (policy concluded with Melita Unipol Insurance Agency Limited) and Ernest Zarb of 127, New Street, Luqa,on the 11th December, 2012, Fogg Insurance Agencies Limited (C-597) for and on behalf of the foreign company Argus Insurance Company (Europe) LimitedofLa Concorde, Abate Rigord Street, Ta’ Xbiex and this as subbrogated in the rights of its insured Joseph Cassar, on the basis of a comprehensive type of policy and of law and the same Joseph Cassar (I.D. 66751M), whilst refering to the car accident which occured on the 6th July, 2011, at about 9.22 a.m. in Triq is-Sebħ, Qormi between the vehicle registration number HHQ 044, insured with you Middlesea Insurance plc (policy concluded with MelitaUnipol Insurance Agency Limited) and driven by you Ernest Zarb, at the time of the accident, and thevehicle property of the applicant Joseph Cassarwith registration number LEO 131, calls upon you in solidum between you so that within three (3) days you pay the applicant Joseph Cassar the sum of €55 representing the excess payment paid by him to the interpellant company Fogg Insurance Agencies Limitedas a result of this accident, and you also pay the applicant company Fogg Insurance Agencies Limited the sum of €1,212.38 for all the payments paid to its insurer as a result of this accident, which accident occured solely because of your carlessness,negligence and lack of observance of the traffic regulations on your part Ernest Zarb.
The interpellant informs you that in case that the time given to youpasses uselessly, they will have no alternative but to proceed furtherly against you by all means given by Law.
So much for your own guidance and to avoid costs and further procedures.
This judicial letter is being made 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 1063
1063By means of a decree given, on the 10th January, 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Calleja Christian vs Sammut Joseph et,application number 246/12 RGM, the following publication was ordered for the purpose of the respondent Vincent Calleja, in terms of Article 187(3) of Cap. 12.
By means of an application filedin the Civil Court (Family Section) in the names Christian Calleja (K.I.359092M) vs Joseph Sammut (K.I. 172072M) Amanda Jane Calleja (K.I. 11177M) Vincent Calleja (K.I. 329971M) Director Public Registry, on the 25th October, 2012, the applicant Christian Calleja (K.I. 359092M) asked the defendants to state why this Honourable Court should not:
1. Declare that the defendant Joseph Sammut is the biological father of Christian Calleja and the offspring of Amanda Jane Calleja, order the defendant and the Director Public Registry to carry out all the necessary and opportune corrections, as demanded in the application and uphold all the other demands in the application.
With costs, against the defendants from now summoned so that a reference to their evidence be made.
Interpellant: Block D, Door 4, Flat 2,Għajn Qajet, Rabat (Malta).
Notify:1. ..............omissis...........
2. Vincent Calleja
Block C, Flat 53, Marshal Court,
Manoel de Vilhena Street,
Gzira.
3. .............omissis....................
4. ..............omissis.................
5. ..............omissis....................
TheSworn Application in the names Calleja Christian vs Sammut Joseph et, application number 246/12 RGM, has been put off for hearing to the 24 th October, 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1064
1064By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 30th May 2013, Application number 555/2013 by Maria Alfreda Micallef as mandatory of Matilde Cuschieri,whereby she prayed that it be declared open in favour of Matilde Cuschieri the SUCCESSION ofCarmela Falzon, unmarried,daughter of the late Emanuel Falzon and Maria Assunta née Caruana, born in Tarxien and died in Pietà on the 10th April, 2010, aged 81, (I.D. 0732528M),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 Registrat Civil Court and Tribunals
Notice 1065
1065By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 11th June 2013, Application number 588/2013 by Stephen Said whereby he prayed that it be declared open infavour of Carmelo sive Charles, Salvina sive Sylvia Grixti, Vincent, Joseph, Raymond and Stephen all brothers and sister Said, children of the decujus and this in the quota of one sixth (1/6) undivided share each one of them the SUCCESSION ofGiovanna sive Joan Said, widow of Joseph Mary Said, daughter of the late Vincenzo Galea and Grazia née Bezzina, bornand resided in Attard and died in Pietà on the 16th April 2013 aged 78holding identity card number 0733134(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 Registrat Civil Court and Tribunals
Notice 1066
1066By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 5th June 2013, Application number 560/2013 by Dorothy Camilleri daughter of the decujus whereby she prayed that it be declared open in favour of the same Dorothy Camilleri in its entirety the SUCCESSION ofher mother Giorgia Schembri, wife of Nicholas, daughter of Giuseppe Pirotta and Caterina née Farrugia, born and resided in Naxxar and died in Pietà on the 4th August 2000 aged 66holding identity card number 447634(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 Registrat Civil Court and Tribunals
Notice 1067
1067By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 30th May 2013, Application number 554/2013 by Maria Alfred Micallef as mandatory of Matilde Cuschieri whereby she prayed that it be declared open infavour of Matilde Cuschieri, the estate of the late Salovatore sive Salvino sive Sam Falzon, the estate of the late Giuseppe Falzon and the estate of the late Carmel Falzon in equal shares between them the SUCCESSION ofFrancesco Saverio Falzon, bachelor, son of the late Emanuel Falzon and Maria Assunta nèe Caruana, born and resided in Tarxien and died in Pietà on the 16th May 1988 aged 63, 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