Mur Lura
Court Notices published in Govt. Gazette No. 19,095 of the 4th June 2013
01/01/2013
Notice 912
912By a decree of the 5th November, 2012 given by the Court of the Magistrates, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Vodafone plc C 10865 on the 16th July, 2012 is asking for the withdrawal of the amount of €893.91deposited by the Schedule of Deposit number 582/12 in the names of:
Vodafone Malta Limited C10865 vs Mark Pace (I.D. 0092091M)
The Court ordered the notification of this application with two (2) days notice for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 913
913By means of a decree given, by the CivilCourt First Hall, on the 21st May, 2013, in the records of the Sworn Application, in the names Bank of Valletta plc vs Bilocca Angelo et, Application number 213/13 AE, the following publication was orderedfor the purpose of the respondents, in terms of Article 187(3) of Cap. 12.
By means of an application, filed, in the First Hall Civil Court, in the names Bank of Valletta p.l.c. (C 2833) vs Angelo and Pauline spouses Bilocca (I.D.556978M) and (I.D.439374M) on the 4th March 2013, the applicants asked this Honourable Court;
1)To declare and decide that there occurred one or more of the events mentioned in the contracts or private writings mentioned in the application, as Angelo and Pauline spouses Bilocca, failed to pay the payments due to the interpellant company, as stipulated in the said contracts and writings, b) were in default in other obligations assumed by them, c) there is a material change in the circumstances of the said Angelo and spouses Bilocca and condemn Angelo and Pauline spouses Bilocca, to pay the plaintifff company the sum of one hundred and one thousand nine hundred twenty three Ewro and ninety one cents (€101, 923.91) balance of debt in the Loan and Overdraft Accounts of Angelo and Pauline spouses Bilocca, with the Bank of Valletta p.l.c. together with further interest, from the 9 th February, 2013, till the date of effective payment.
With costs omissis against the defendants from now summoned so that a reference to their evidence be made.
Witnesses.
List of Documents Exhibited.
Applicant Company: Bank of Valletta p.l.c. (C 2833)
1/5, Misrah, San Gorg,
Valletta, VLT1190.
Defendants;Angelo and Pauline spouses Bilocca,
71, Orchidea,
Triq Joseph Abela Scolaro,
Ħamrun.
TheSworn Application, in the names Bank of Valletta p.l.c. vs Bilocca Angelo et, application number 213/13 AE, has been put off for hearing to the 8th July 2013, at 8.45am.
Adv. Frank Portelli, LL.D
For the Registrar, Civil Courts and Tribunals
Notice 914
914By a decree of the Small Claims Tribunal ofthe 8th 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 7th November, 2012 whereby they asked the Tribunal to condemn Ian Hall (I.D. 564681M) of 107, Triq is-Sur, Senglea, to pay the plaintiff company the sum of€2,326.05 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 759/12YMS) is put off on the 6th June, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 915
915By a decree of the Small Claims Tribunal of 12th 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 9th November, 2012 whereby they asked the Tribunal to condemn Vito Di Dia (I.D. 61676A) of 87, Flat 3, Triq San Pawl il-Baħar, San Pawl il-Baħar,to pay the plaintiff company the sum of€2,044.28 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 765/12YMS) is put off on the 6th June, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 916
916By means of a decree, given by the First Hall Civil Court, on the 23rd May, 2013, in the records of the Sworn Application, in the names Mazzola Paolo Maria Dottor et vs R& S Development Ltd C 42092, the following publication was ordered for the purpose of service of the defendant company, 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 Dottor Paolo Maria Mazzola, Maltese (I.D. 026859M) and his wife Fiorella Marino, (I.D. AN 0558470 previously AS 2002270, on the 2nd April, 2013, the applicants asked this Honourable Court:
1. To declare and decide that the respondent failed in its obligations assumed according to the deed of transfer of the 29th August, 2012, in the records of Notary Dr Clyde La Rosa, inter alia those contained in article 14 of the same deed, 2. order the respondent so that within a short and peremptory periodfixed by this Honourable Court, it carries out all the obligations assumed by it in terms of the same public deed of the 29th August, 2012, particularly those contained in Article 14 and under the direction of an architect and civil engineer appointed by the Court, and uphold the other demands in the application, amongst which the liquidation of damages.
With costs as demanded and legal interest against the respondent from now summoned so that a reference to its evidence be made.
Applicant: Number 17, Triq San Pawl, Saint Paul’s Bay.
Respondent: 157, Triq Fleur-De-Lys, Birkirkara.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts,on Monday 22nd April, 2013, the Sworn Application number 308/13 JZM, in the names Mazzola Paolo Maria Dottor et vs R&S Development Ltd, C 42092, was appointed for hearing on Thursday, 23rd May, 2013, at 9.00 a.m.
By order ofthe same Court of the 23rd May, 2013, the application above mentioned was put off for hearing on Thursday 11 th July, 2013, at 9.00 a.m.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 917
917By means of a decree given, by the First Hall Civil Court, on the 13th May, 2013, in the records of the Sworn Application , in the names Holland Rose Marie sive Rose vs Fenech Victor et, application number 352/13 AF, 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 Rose Marie sive Rose Holland (I.D. 165342M) vs Victor Fenech (I.D. 73772M) and Christopher Aquilina (I.D. 521376M) on the 12th April, 2013, the applicant Rose Marie Holland (I.D. 165342M), asked this Honourable Court:
1. To declare and decide that the objects seized by the above mentioned warrants belong exclusively to the plaintiff, consequently cancel and revoke the same warrants of seizure and or the execution of the two warrants above referred to and every subsequent act.
With costs against the defendants summoned so that a reference to their evidence be made. Saving damages.
Applicant: Rose Marie Holland, Block 3, Flat 2, Balluta Bldgs, Triq il-Karmelitani, San Ġiljan.
Services: 1. Victor Fenech,
Bastion View, 17, The Strand,
Sliema.
2. Christopher Aquilina,
Solandra, Triq Dun Ġorg Fiteni,
Naxxar.
The Sworn Application in the names Holland Rose Marie sive Rose vs Fenech Victor et, application number 352/13 AF, has been put off for hearing to the 16th October, 2013, at 9.00 a.m.
Adv. Frank Portelli,LLD.
For the Registrar, Civil Courts and Tribunals
Notice 918
918By a decree of the Small Claims Tribunal ofthe 10th 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).
Joseph Mintoff (I.D. 230185M) and Letizia Vassallo (I.D. 288385M) ofFreesia, Triq l-Amarozz, Mġarr, filed a Claim on the 14th February, 2013 whereby they asked the Tribunal to condemn MCCF Projects Company Limited duly represented by Charlotte Ciantar (I.D. 234578M) of 41, Triq Toni Pace, Mellieħa and/or 23, Sea Haven, Triq is-Simar, Xemxija, topay the plaintiffthe sum of€2,124 which amount is due to the plaintiffs.
With costs.
The case (Claim Number 63/13VG2) is put off on the 12th June, 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 919
919IT IS hereby notified that by virtue of a decree given on the 27th May, 2013, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant George Martin Catterall of 8, Triq il-Munġbell, Marsalforn, Żebbuġ Gozo, Malta, in terms of section 187(3) of Cap. 12 of the Laws of Malta:
The company Mobisle Communication Limited (C24655), of Telghet Spencer, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo) – Case number 10/2013 in re “Mobisle Communications Limited vs George Martin Catterall” – on the 8th April, 2013 wherein it requested the Tribunal to condemn the defendant George Martin Catterall to pay plaintiff company the amount of €535.24, in connection with telephone services, as per various bills issued to defendant, together with costs, interest and legal expenses.
The hearing of this case is being deferred for the 18th June, 2013 at 8.45 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 920
920IT IS hereby notified that by virtue of a decree given on the 28th May, 2013, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Roderick John Perks of Kaxxa Court, Flat 3, Triq Ġiuseppi Calì, Għajnsielem, Gozo, Malta, in terms of section 187(3) of Cap. 12 of the Laws of Malta:
The company Mobisle Communication Limited (C24655), of Telgħet Spencer, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo) – Case number 13/2013 in re “Mobisle Communications Limited vs Roderick John Perks” – on the 8th April, 2013 wherein it requested the Tribunal to condemn the defendant Roderick John Perks to pay plaintiff company the amount of €689.88, in connection with telephone services, as per various bills issued to defendant, together with costs, interest and legal expenses.
The hearing of this case is being deferred for the 18th ∆une, 2013 at 8.45 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 921
921By a decree of the Small Claims Tribunalof the 21st May, 2013, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a Notice of a cause which was set down again for hearing issued by the Registry of the Courts of Magistrates (Malta)the cause Notice Number 366/12YMS,in the names Golden Harvest Mfg Co Ltd vs Presidential Holdings Limited (C38482) and George Pace which has been Sine Die since 4th April, 2013 was set down again for hearing for the 10th June 2013 at 12.30 p.m. before the Adjudicator Dr Yana Micallef Stafrace.
For the purpose of service:Presidential Holdings Limited – President Hotel, Triq il-Qaliet, St Julians’s.
George Pace – 7A, Flat1, Triq Bonavita, San Ġiljan.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Bann for Curators
922Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 26th June, 2012, following the request ofDemar Properties Limited, it was ordered that Deputy Curators be chosen to representNazzareno Muscat, Paolo Bonello and Antonio Cortis, in the records of the Schedule of Deposit and Contextual Redemption of Groundrent, in the names Demar Properties Ltd vs Deputy Curators and in the relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent of Demar Properties Limited filed in the Civil Court First Hall, in the names Demar Properties Limited, a company incorporated in Malta, with registration number 34534 and which has its registered address ‘Casa Floriani’ Triq Pietro Floriani, Floriana vs Deputy Curators, to represent the interests of 1. Nazzareno Muscat, son of the late Filippo and Adelina née Cortis born in Haż-Żebbuġ, 2. Paolo Bonello son of the late Nicola and Marianna née Borg, born in Haż-Żebbuġ, and 3. Antonio Cortis, son of the late Filippo and Filippa nee’ Caruana, born in Haż-Żebbuġ, on the 22nd June 2012, the company Demar Properties Limited, respectfully pleaded:
That by means of a contract of assignement, sale and transfer datedtenth (10) of July of the year two thousand and seven (2007) in the records of Notary Dr Nicholas Briffa, the interpellant purchased and acquired the house with an adjoininggarage, named ‘Dar Vella’ number nineteen (19) in Triq il-Qamħ, Ħaż-Żebbug, Malta (relative plan is being attached and marked as (DocA) as subject to the annual and perpetual groundrent of (€97.83) yearly otherwisefree and unencumbered, with all its rights and appurtenances, including the airspace.
That it results from six contract namely five contracts of perpetual emyphyteutical concession all in the records of Notary Dr Antonio Carbonaro and all dated fourteenth (14) of October of the year one thousand nine hundred and sixty- eight 1968 and from a contract of a perpetual emphyteutical concession in the records of Notary Dr Philip Saliba and dated twenty seventh (27) of May of the year one thousand nine hundred and sixty nine (1969) that the owners of the groundrent are a certain Nazzareno Muscat, a certain Paolo Bonello and a certain Antonio Cortis.
That despite of various attempts on the part of the interpellant in order that it be determinedif the said persons are still alive, the interpellant till this day does not know whether they are alive.
That the interpellants wish to avail themselves of the faculty given to them, in virtue of the relative provisions of Maltese Law, article 1501 of the Civil Code of Malta, by depositing the sum of one thousand nine hundred fifty six Euro and sixty cents (€1956.60) representing groundrent of €97.83 capitalised at 5% in order to be freely withdrawn by the Deputy Curators for Nazzareno Muscat, Paolo Bonello and Antonio Cortis or their successors in title.
Interpellant; Demar Properties Limited, ‘Casa Floriani’ Triq Pietro Floriani, Floriana.
Notify: 1. Public Registry, 116, Casa Bolino, Triq il-Punent, Valletta.
2. Land Registry, 116, Casa Bolino, Triq il-Punent, Valletta.
3. Deputy Curators, Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you 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. Mr. Justice Joseph Azzopardi, LLD.Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 923
923By means of a decree given, by the First Hall Civil Court, on the 10th May 2013, in the records of the Sworn Application, in the names Middlesea Insurance p.l.c. (C 5553) vs Chetcuti Francis et, application number 326/13 JPG, the following publication was ordered for the purpose of service of the respondents Francis Chetcuti, both in his own name and as secretary of Franwin Manufacturing Limited, in terms of Article 187(3) et of Chapter 12.
By means of an Application filed in the First Hall Civil Court, in the names Middlesea Insurance p.l.c. (C 5553) vs Francis Chetcuti (I.D. 755143M) and Franwin Manufacturing Limited (C 12980) on the 5th April, 2013, the applicant Middlesea Insurance p.l.c. (C 5553) respectfully pleaded:
That by means of a contract, dated 7th May 1998, in the records of Notary Pierre Cassar (copy annexed) the respondent Francis Chetcuti, acknowledged himself as debtor in favour of Clement and Mary spouses Bondin, in the amount of €73,945.96, togetherwith interest at the rate of eight per cent 8 % to run as for €11,646.87, from the sum above mentioned with effect from the 15th January 1998, as for €15,711.62 , with effect from the 7th May 1998, and as for €46,587.47, with effect from the 1st July 1998.
That in virtue of the same contract the respondent company Franwin Manufacturing Limited, constituted itself as surety in solidum with Francis Chetcutifor the payment of the debt above mentioned.
That by means of a contract published on the 4th November 2003, in the records of Notary Herbert Cassar, the creditors Bondin declared that from the amount above mentioned due to them, there remained a balance of €46,936.87 due as for €35,157.23, as capital, and the remaining €11,777,31 as interest till the date of the same contract.
That in virtue of the same public contract of the 4th November 2003, the creditors Bondin assigned and transferred (64.5%) of the credit above mentioned, included the interest to the applicant company Middlesea Insurance plc;
That this assignment of credit was notified to the debtors and the surety by means of a judicial letter dated 26th January 2006 (Doc C).
That thus from the balance above mentioned the amount due to the applicant company was of (€30,274.28) due as for(€22,677.10) as capital and as for (€7,597.18) as interest from the 4th November 2003;
That more than three (3) years have lapsed from when the said constitution of debt could have been executed and till this day the applicant company has not paid the debt due to it.
Thus the applicant company prays with respect that it be authorised by this Honourable Court to execute its executive title for the amount of (€30,274.28) due as for (€22,677.10) as capital and as for (€7,597.18) as interest till the 4th November, 2003, together with costs and legal interest, on the capital from the 5th November, 2003, till the date of effective payment.
Applicant: Middlesea Insurance plc, Middlesea House, Floriana.
Respondents: 1. Francis Chetcuti, Maria Lourdes, Triq il-Parroċċa, San Pawl il-Baħar.
2. Francis Chetcuti,as secretary of Franwin Manufactruing Ltd, ‘Maria Lourdes’ Triq il-Parroċċa, San Pawl il-Bahar.
3. Franwin Manufacturing Limited, Franwin, Triq Santa Marija, Ħal Tarxien.
The Sworn Application in the names Middlesea Insurance p.l.c. (C 5553) vs Chetcuti Francis et, application number 326/13 JPG, has been appointed for hearing for Thursday, 6th June, 2013, at 9.15 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 924
924By means of a decree given, on the 27th May, 2013, by the Civil Court First Hall, in the records of the Sworn Application, in the names Xerri Animal Feed Co Ltd vs Bilocca Angelo et, application number 236/13 AF, the following publication was ordered for the purpose of service of the respondent Pauline Bilocca, in termsof Article 187(3) of Cap. 12.
By means of an Application, filed, in the First Hall Civil Court, in the names Xerri Animal Feed Co Limited (C 20476) vs Angelo Bilocca (K.I. 556978M) Pauline Bilocca (K.I. 439374M) on the 8th March, 2013, the applicant company XerriAnimal FeedCo Limited, company registration number (C 20476), asked the respondents why this Honourable Court should not:
1. Decide this cause without proceeding to a hearing in terms of article 167 of the Code of Organisation and Civil Procedure; ii) declare them debtors together and in solidum between them,in regard to the applicant company in the amount of €37,224.40 representing value of various types of fodder delivered by the applicant company to you respondents, on your instructions; declare them debtors in the amount of €1,760.36 representing interests at the rate of 8% from the date of the relative deliveries till the date of the sixth 6th March 2013, and interests from the 7th March 2013, till the date of effective payment.
With costs, as demanded in the application.
Interpellant: Xerri Animal Feed Co Limited-‘Mount Carmel’, Imġarr Road, Xewkija, Gozo.
Respondents:...omissis...
Pauline Bilocca- ‘Orchidea’ Triq Giuseppe Abela Scolaro, Il-Ħamrun, Malta.
The Sworn Application in the names Xerri Animal Feed Co Ltd vs Bilocca Angelo et, application number 236/13 AF, has been put off for hearing to the 19th June,2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 925
925IT IS BEING NOTIFIED that by a decree dated 24th May, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Antonio Micallef Trigona LL.D.) compilation number 296/2012 in the case:
The Police
(Inspector Keith Arnaud)
Versus
GIUSEPPE CUTAJAR, 45 years, unemployed, son of Carmelo and Theresa nèe Scicluna, born in Cospicua on the 6thof June, 1966, and residing at 16, St Anthony, Flat 1, Roza Street, Marsaskala,(I.D. 257366M);
Ordered the CANCELLATION of the attachment order of all the assets of the said Giuseppe Cutajar given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 28th March, 2012 and published in the Government Gazette on the 3rd April, 2012 and varied by the same Court by a decree dated 12th April, 2012 and published in the Government Gazette on the 17th April, 2012.
This order is being published according to Section 5(6) of Chapter 373 of the Laws of Malta and is ONLY relevant to this particular case.
Dr Yvette Borg LL.D.
f/Registrar
Criminal Courts and Criminal Tribunals (Malta)
Bann for Curators
926Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 5th March 2012,following a request of Calì Marcel, it was ordered that deputy curators be chosen to represent the absent Natalia Sergeevna Berentseva, in the records of the Divorce Application, 92/12 AL, in the names ‘Calì Marcel vsDeputy Curators’ and in the relative and subsequent acts.
By means of an Application, filed, in theCivil Court (Family Section) in the names Marcel Calì (I.D. 433350M) vsDeputy Curators to represent the absent Natalia Sergeevna Berentseva (Russian Passport Number 44NO 4570569, on the9th February, 2012, the applicant Marcel Calì asked this Honourable Court:
1.To order the dissolution of the marriage of the parties and uphold the other demandsin the application,
Saving any other provision that this Honourable Court deems fit to impose.
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 ( Family Section) above mentioned, with the witness of the Hon. Mr Justice Gino Camilleri BA. LL.D.
Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 927
927By means of a decree given on the 23rd May, 2013, by the Rent Regulation Board, in the records of the Sworn Application, in the names Zammit Mary vs Calleja Jeanette, application number 17/13 GG, the following publication was ordered for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a Notice of hearing of a cause issued by the Registry of the Superior Courts, on Tuesday 30th April, 2013, the Application Number 17/13 GG, in the names Zammit Mary vs Calleja Jeanette, was entered in the list of causes which are to be heardon Thursday 23rd May, 2013, at 12.15 p.m.
By order of the Court above mentioned on the 23rd May, 2013, the application above mentioned was put off for hearing to the 3rd June 2013, at 9.00 a.m.
Applicant: 14, Triq il-Kuncizzjoni, Dingli.
Respondent: Flat 5, Binja Nigret, Entrance D, Zurrieq.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 928
928Bann for Curators.
Republic of Malta.
To the CourtMarshall
By means of a decree given by this Court, on the 17th May, 2013, following a request of Joseph Said vs Deputy Curators in the interest of the absent Giovanni Antonio DeLuca, it was ordered that deputy curators, be chosen to represent the absent Giovanni Antonio De Luca, in the records of the Application number 47/2013 GG, in the names Joseph Said vs Deputy Curators and in the relative and subsequent acts.
By means of an Application filed in the Rent Regulation Board, in the names Joseph Said vs Deputy Curators, in the interest of the absent Giovanni Antonio De Luca, on the 9th May, 2013, the applicant Joseph Said (I.D. 563340M) asked this Honourable Board:
1) To declare that the lease of the garages number ‘8’ and number ‘3’ in ‘drive-in’ in Misraħ Muxi, Ħaż-Żebbuġ, Malta, respectively, finished ‘ipso jure’ on the 27th August, 2011 and on the 11th September, 2011;
2) To declare that the respondent with effect from such termination of the lease was and still is occupying the two premises de quo without any right and in violation of the law and with prejudice to the applicants.
3) Condemn and order the respondent to vacate the saidtwo garages and deliver to the applicant the keys and the premisescompletely free within the term fixed by the Board.
4) Condemn and order the respondent to pay the applicant with effect from the dates premised of the termination of the lease and by way of compensation for the occupation by him without any right of the garages de quo, payment at the rate of (Eur 225) for each garage, every six months, till the effective release of the premises de quo to the applicant owner.
Saving any action for further damages according to law.
With costs, against the respondent .
Applicant: Joseph Said, 37, Misraħ Muxi, Haż-Żebbuġ, Malta.
Notify: Deputy Curators, Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summonwhosoever 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 thatif he fails to make this declaration within the stipulted 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 Rent Regulation Board, above mentioned with the witness of Magistrate Dr. Giovanni Grixti, LLD.
Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 929
929By means of a decree given, by the First Hall Civil Court, on the 17th April, 2013, in the records of the Sworn Application, in the names Britannia Shipping International Ltd vs Triva Shipping Company Ltd, application number 1183/12 AF, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Britannia Shipping International Ltd (36039) vs Triva Shipping Company Ltd (C 39275) on the 28th November, 2012, the applicant Britannia Shipping International Ltd, asked this Honourable Court:
1) To condemn the respondent company to pay the applicant company the sum of €18,500 representing payment of the voyage between Malta and Libya, 2 condemn the applicant company to paythe sum of €3.00 daily with effect from the last day of the year 2011, as demanded in the application, for the reasons therein mentioned and uphold the other demands in the application.
With costs ...omissis... as demanded and legal interest as demanded, against the respondents, from now summoned so that a reference to their evidence be made.
Applicant: Britannia Shipping International Ltd,
Mariposa De Sueno,
Triq Patri Wistin Born,
Marsaskala.
Defendant: Triva Shipping Company Ltd,
Triq Locker,
Sliema.
The Sworn Application in the names Britannia Shipping International Ltd vs Triva Shipping Company Ltd, application number 1183/12 AF, has been put off for hearing to the 26th June 2013, at 9.00 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 930
930NOTICE
CIVIL COURT – FIRST HALL
Whereas Dino Schembri (I.D. 485877M) filed an application under oath (No. 480/2013 JA) demanding CORRECTION in his ACT OF BIRTH number 4858/1977 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Mario Debono
For Registrar, Civil Courts and Tribunals
Notice 931
931By means of a decree given on the 5th March, 2013, by the Civil Court ( Family Section) in the records of the Sworn Application, in the names Agius Nazzareno vs Micallef Margaret et, application number 343/11 AL, the following publication was ordered for the purpose of service of the defendant Margaret Micallef, in terms of Article 187(3) of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section) in the names Nazzareno Agius (I.D. 22972M) vs a) Margaret Micallef married Agius; b) the Director Public Registry; c) and by decree of the 7th March, 2012, Dr Noel Camilleri, was appointed as deputy curator to represent the minor .omissis.., on the 21st November, 2011, the applicant Nazzareno Agius, humbly asked this Honourable Court:
1.To declare for all intents and purposes of lawthat the minor .omissis.., is not the offspring of the same applicant and this if necessaeyby means of the appointment of medical experts in order to carry out the DNA tests and uphold the other demands in the application.
With all costs, against the defendants who are summoned so that a reference to their evidence be made.
Witnesses.
Documents.
The Sworn Application Number 343/11 AL, in the names Agius Nazzareno vs Micallef Margaret et, has been appointed for hearing on Thursday 3rd October 2013, at 9.15 a.m.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 932
932By devree given by the CIVIL COURT, FIRST HALL on 7th May, 2013, on the application of BANK OF VALLETTA PLC, Thursday, 25th 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.
Maisonette number eighty-two (82) in Triq San Ġorġ, Santa Venera, including part of the property airspace as in part is underlying third party property, subject to annual and perpetual ground rent of two euro and thirty three cents (€2.33), subject to passive servitudes and its active rights resulting from its relative position the rest free and unencumbered with all its rights and enjoyments, valued at seventy-nine thousand(€79,000).
The said tenement is the property of MALLIA JASON (I.D.396393M).
N.B. The said tenement will be sold as described in the acts of the file number 60/11.
MARVIC FARRUGIA
For the Registrar of Civil Court and Tribunals
Notice 933
933By means ofa decree given on the 23rd May, 2013, by the Court of Appeal, (Inferior Jurisdiction) in the records of the Application of Appeal, Application number 46/08 GG, in the names George Camenzuli et pro et noe vs Emanuel Fenech, 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 of Appeal filed in the Court of Appeal (Inferior Jurisdiction) Application Number 46/08 GG, Decided 28th June, 2012, George Camenzuli (I.D. 96357M), Isabelle Attard (I.D. 71666M) and Anthea Camenzuli (I.D. 561062M) and Emanuela sive Emma Camenzuli (I.D. 52134M) in her own name and as mandataryof her absent daughter Maria Camenzuli (I.D. 21864M) vs Emanuel Fenech, on the 6th July, 2012, the applicant George Camenzuli, Isabelle Attard, Anthea Camenzuli, and Emanuela sive Emma Camenzuli, in her own name and as mandatary of her absent daughter Maria Camenzuli, respectfully pleaded:
1.That the applicant appellants, by means of the original application premised the following;
That the applicants are the owners of the premises or rather appartment number one (1) in theblock known as ‘Springfield Flats’ number ten (10) Triq l-Għollieq, Santa Venera.
That the respondent has the said premises by title of lease from the applicant towards the rent of €465.87 every six months;
That till this day the respondent is in delay in five instalments of the payment of rent;
That despite that the respondent was called upon to pay he remained in default and thus the Board was asked so that:
2. It authorises the tacking back of the residential premises appartment number one (1) in ‘Springfield Flats’ 10, Triq l-Għollieq, Santa Venera, by the applicants,
and
3. Fixes a short and peremptory period for the respondent to vacate the same premises.
With costs, the respondent is summoned so that a reference to his evidence be made.
4.That in virtue of his reply the respondent raised the following pleas;
6. That the respondent is the lessee of the premises number ten (10) with the name Springfield, Flat 1, Triq l-Għollieq, Santa Venera.
7.That the respondent and his family have been living in the said premises from 1974.
8. That the rent is regularly paid by the wife of the lessee Doris Fenech née Cassar, who died on the 2nd February, 2001.
9. That following the death of the lessee’s wife, the rent was taken care of by his daughter’s partner,but their relationship finished and thus the respondentdid not know how to make contact with the applicants.
10. That infact the respondent had made various attemptsin order to get to know who George Camenzuli was.
11. That it was recently that contact with Mr George Camenzuli was madein order to give him the rent, however the respondent was informed that it was very late and thus the respondent deposited the rent in Court.
12. That in virtue of a judgement dated 28th June, 2012, the Rent Regulation Board, decided the present cause by rejecting the applicant’s request, with costs.
13. That the applicants felt aggrieved by this decision and thusby means of the present are humbly filing this humble appeal.
14. The First Grievance.
That the grievance is clear and manifest and consists in the fact that this Honourable Board was mistaken when it arrived to the conclusion that the applicants did not prove without any doubt that they made two requests for the payment of various instalments of rent.
That in the first place, the applicants refer to the jurisprudence cited by the same Board amongst which Mary Borg et vs John Muscat ( Decided on the 9th March, 1994, by the Honourable Court of Appeal) whereby it was declared that it is not required by law that the demand by the owner for the payment of rent has to be necessarily made in writing, as well as the judgement in the names Maġġur Hannibal Scicluna noe vs Chev. Joseph G. Coleiro noe (Decided on the 17th February, 1995, by the Honourable Court of Appeal) and Camilleri vs Rutter Giappone noe (Decided on the 25th March, 1985, by the Honourable Court of Appeal) whereby it wa declaredthat in case that the request is made in writing, no particular form is requied.
In the light of this jurisprudence (cited by the same Board) it is very difficult that one understandswhy the same Board, arrived at the conclusionthat the applicants did not manage toprovethat they made a request for two instalments.
..omissis..
In the light of thiswhereby one of the judicial letters is being neglectedsimply for the sake of argument by means of a judicial letter of the 21st July, 2006 and the legal letter which was sent to the respondent, the applicantstill satisfied the criterion of the law in terms of Article 9(a) of Chapter 69 of the Laws of Malta, relative to two different instalments which were not paid.
That without prejudice to the aboveit is also pointed outfrom the proof exhibited in the records especially from the evidence of the applicant, today one of the appellants, George Camenzuli,it also results that the respondent, had been called upon to pay the rent due by means of verbal demands.
..omissis..
This is being stated because the alleged delay on the part of the respondent does not depend only on the the judicial letters as upheld by the Board, but dependson a calling for two instalments that can be made in any form and without the necessity of a formality or writing.
15. The Second Grievance.
That without prejudice to the above , the second grievance is also clear and manifest and consists in the fact that the Board, was legally mistaken, when it applied the principle of the justification of the delay in regards to the respondent, that the respondent on thebasis of the alleged doubtthat the said respondent could have had regarding the address of the applicant.
That without prejudice to the above, the applicants pointed thatit is the case that the Maltese Courts, always upheld that it is not enoughthat there is technical proof regarding the delay of the lessee, in order that a request for the tacking back of a premises succeed, because there have to be taken into consideration all the facts of the case in order that it be decided whether there is room for the objective justification of the delay or not.
..omissis..
That according to the jurisprudence above mentionedand to which reference was made by the Board it results most clearlythat not all delay can be rectified or that it can be considered as objectivelyjustifiable so that a demand for the tacking back of the premises be rejected.
In its judgement the Board upholds that the service of the respondent was problematic and this is the case...omissis...however the difficulty of service in itselfhas no relevancewith the justification of the delay or not.
..omissis..
That what the Board had to see was whether the respondent was in such particularand extreme circumstances which give rise so that the Board declares that his delay was justifiable and consequently could be rectified, The applicants uphold that the fact the respondent remained in delay, (until finally and in the course of the present cause he filed a schedule of deposit) was nothingbut a choice of his because in no way was he witheld from depositing the moneybefore, in order to exonerate himself from responsibility.
..omissis..
That the applicants also uphold that despite that the respondent always had the possibility to depositthe rent under the Court’s Authority , in order to exonerate himselffrom every responsibility, instead he chose to remain in delay.
..omissis..
With the utmost respect it is pointed outthat from what has been brought forward above it results most clearly that the Board was very mistakenwhen it arrived at the conclusion that there was still a doubtwhether the respondentknew that he had to pay the rent.
..omissis..
That without prejudice to that above brought forward it is also pointed outeven if for the sake of argument one had to accept the version of the respondentthat he did not know how to make contact with the applicant, the same respondent had every possibiltyto present a Schedule in Court and deposit the rent due.
..omissis..
The Board put aside this argument in the most absolute manner and insteasd chose to justify the delay of the respondent.
..omissis..
That thus in view of all that brought forward the appellants humbly feel that it appears clear and manifest that the Board was legally mistaken when it applied the principleof the justificationof the delay in the context of the present causebecause from every aspectthat one can look at the attempt on the part of the respondentin order to justifyhis delay one necessarily arrives at the conclusionthat the respondenthad various means to make contact with the applicant but it was his choice to remain in delay.
Thus the applicants, today appellants, whilst referring to the records of the cause reserve to make all the observationsthey deem fit and to produce all the proof admissible according to law at this stage, respectfully pray this Honourable Court, to revoke, cancel and annul the judgement in the names George Camenzuli, Isabelle Attard and Anthea Camenzuli, Emanuela sive Emma Camenzuli, in her own name and as mandatary of her absent daughter Maria Camenzuli vs Emanuel Fenech, Application Number 46/08 GG, decided on the 28 th June, 2012, as demanded in this application. With costs, of both instances against the same respondent .
Appellants: 4, Eos, Triq il-Kartoċċ, Swieqi.
Respondent: Springfield Flats, 10, Flat 1, Triq l-Għollieq, Santa Venera.
Service: Emanuel Fenech,
Springfield Flats, 10, Flat 1,
Triq l-Ghollieq,
Santa Venera.
Reġistry of the Superior Courts ( Inferior Appeals) today 31st May, 2013.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 934
934By means of a decree given, by the First Hall Civil Court, on the 30 th May, 2013, in the records of the Protest in the names Carmel Calleja et vs Patrick J. Filletti et, the following publication was ordered for the purpose of service of the respondents, in terms of Article 187(3) of Chapter 12.
In the First Hall Civil Court.
Carmel Calleja (I.D. 324848M)
George Calleja (I.D. 296363M)
Anthony Calleja (I.D.41761M)
Catherine mart John Vella (I.D. 412555M)
Josephine mart AnthonySpiteri (I.D. 124958M)
John Calleja (I.D. 106054M) u
Peter Paul Borg (I.D.662930M)
vs
Patrick John Filletti (I.D. 370551M) u
Elena widow of Giuseppe Caruana (I.D.261927M).
Protest of Carmel Calleja (I.D. 324848M), George Calleja (I.D. 296363M), Anthony Calleja (I.D. 41761M),Catherine wife of John Vella (I.D. 412555M), Josephine wife of Anthony Spiteri (I.D. 124958M), John Calleja (I.D. 106054M) and Peter Paul Borg (I.D. 662930M),
Respectfully plead;
That the Protesting parties are the owners of an undivided share of the farmhouse number 83, previously number 86, Main Street, Naxxar, with the attached yard, with its airspace.
That on the 27th May, 2003, by means of two contracts in the records of Notary Margaret Heywood, the Respondent Elena Caruana and her husband Giuseppe Caruana together and in solidum;
a)assigned, transferred and ceded by title of sale to the Respondent Patrick John Filletti, the perpetual utile dominium and the relative annual perpetual groundrentof €1.11 and burdening two undivided partsof every fourteenth part (2/14) or larger share of the farmhouse with number eighty two (82) already indicated with number eighty six (86) Main Street, Naxxar, with the yard attached, free and unencumberedfrom groundrents and burdens, free from any privilege, hypothec or charge in favour ofthird parties with vacant possession and with all its rights and apputenances. Expressly excluded from this sale was the adjacent land to the same farm. Included in the sale was the share of one third undivdedof two undivided parts out of fourteenth undivided parts (1/2 of 2/14) or larger share of the perpetual directuum dominium and annual perpetual relative groundrent of €1.18 of the same premises that Giuseppe Caruana inherited from Anna Vella and
b) assigned, transferred or ceded by title of sale to the Respondent Patrick John Filletti, a share of one-seventh undivided part or any larger share in full ownership of the premises with number eighty two (82) already indicated with number eighty six (86) Main Street, Naxxar , with the yard attached, with its airspace subject to its share of annual and perpetual groundrent in the amount of €1.16 otherwise free and unencumbered, from groundrentsor burdens,free from any privilege, hypothec or charge in favour of third parties with vacant possession and with all its rights and appurtenances. Expressly excluded from this sale was the land adjacent to the same farm.
That with reference to the contract mentioned in paragraph (a) it results that the Respondent Elena Caruana and her husband possessed the perpetual directuum dominium and the receipt of the rate of €7.75 and not €1.18 burdeningthe two undivided parts out of every fourteenth (2/14) or larger share of a farm with number eighty two (82) already indicated with number eighty six (86) Main Street, Naxxar.
Furthermore the reference to the inheritance of Pietro Borg who died on the 10th February 1911, in the root of title of the property which the Respondent Patrick John Filletti acquired from the respondent Elenea Caruana and her husband by means of a contract above referred to in pragraph (b) is also mistaken.
That this protest is being made so that the respondents will know how to proceed and regulate themselves and there shall be no doubt or possibility that the respondents vaunt any claim and/ or right on the share of the protesting parties.
Thus the Protesting parties whilst bringing the above to the formal notice of the Respondents call upon them so that immediately they know how to proceed and regulate themselves by carring out the necessary corrections in the two contracts ofthe 27th May, 2003, in the records of Notary Margaret Heywood, regarding their shareor which they had of the farmhouse with number eighty two (82) already indicated with number (86) Main Street, Naxxar, and whilst holding them responsible for all the damages they may suffer,in case they fail to do that asked by them, put them in dolo, mora and culpa for all effects and purposes of law.
With costs and saving any action and right of action due to the Protesting parties.
Protesting Parties:
Carmel Calleja,
65, Bishop Labini Street,
Birkirkara.
George Calleja,
65, Bishop Labini Street,
Birkirkara.
Anthony Calleja,
28, Bakery Street,
Naxxar.
Catherine Vella,
272, Fleur de Lys Road,
Birkirkara.
Josephine Spiteri,
217, F S Caruana Street,
Birkirkara.
John Calleja, Bellu Flat
4, Rimona Street,
Mosta.
Peter Paul Borg, 151,
Triq l-Imrieħel,
Birkirkara.
Protested:
Patrick John Filletti,
190, Triq ix-Xatt,
Pietà.
Elena Caruana,
43, Brared Street,
Birkirkara
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 935
935By a decree of the Small Claims Tribunal ofthe 8th May 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 26th February 2013 whereby they asked the Tribunal to condemn Sabri Mdalla (I.D. 61873A) of 1511, Pender Gardens, Triq Ivo Muscat Azzopardi, San Ġiljan,to pay the plaintiff company the sum of €1,610.12 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 93/13VG2) is put off on the 12th June 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 936
936By a decree of the Small Claims Tribunal of the 17th January 2013, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 6th September 2012 whereby they asked the Tribunal to condemn Francesco Colucci (I.D. 60211A) of Charles, Flat 3, Triq Bordina, San Pawl il-Baħar, to pay the plaintiff company the sum of€2,273.29 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 615/12NHV) is put off on the 11th June 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 937
937By means of an application filed in CivilCourt of Voluntary Jurisdiction Section, on the 16th May, 2013, Application number 468/2013 by Marianne Micallef,whereby she prayed that it be declared open in her (Marianne Micallef) favour and this in the quota of one half (1/2) undivided share; in favour of Doreen Azzopardi, Keith and Christian all brothers and sister Micallef, children of the decujus and this in the quota of one sixth (1/6) undivided share each one of them the SUCCESSION of Carmel Micallef, husband of the same Marianne Micallef, son of the late Joseph Micallef and Francesca née Tonna, born and resided in Birkirkara and died in tal-Qroqq limits of Imsida on the 5th February, 2010 aged 59 (I.D. 735950M) 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 938
938By a decree of the Small Claims Tribunal of 29th May, 2013, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C22334) ofSpencer Hill, Marsa, MRS1950,filed a Claim on the 9th November, 2012 whereby they asked the Tribunal to condemn Reichel Kim Dadah (I.D. 38354A) ofVillage Court, Flat 1A, Triq Dun Frangisk Sciberras, Mellieħa,to pay the plaintiff company the sum of€521.77 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 769/12KPS) is put off on the 11th June, 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 939
939By a decree of the Small Claims Tribunal of the 25th 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).
Mobisle Communications Limited (C24655) of Fra Diego Street, Marsa filed a Claim on the 24th September 2012 whereby they asked the Tribunal to condemn Frendo Paula-Claire (I.D. 240694M) of7, Yucca, Flat 1, Triq Gwann Mamo, l-Imsida, to pay the plaintiff company the sum of€408.68 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 505/12NHV) is put off on the 11th June 2013 at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 940
940By means of a decree of the 11th January 2013 in the First Hall of the Civil Courtsin the records of the judicial letter number 2766/12 in the names Bank of Valletta p.l.c. vsMario Martinelli et, ordered the following publication for the purpose of service in terms of Article 187(3)(et) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 10th September 2012 against Mario (I.D. 358763M) and Valerie spouses Martinelli and Middlesea Valletta Life Assurance Company Limited,Bank of Valletta p.l.c. of1/5, Misraħ San Ġorġ, Valletta, VLT 1190, whilst (i) making reference to the life insurance policy of the defandant Mario Martinelli holding number FP410180 pledged by the same Mario and Valerie spouses Martinelli in favour of the interpellant company by means of a private writing dated 14th May 2001, to secure the debts of the defandants Mario and Valerie spouses Martinelli with the interpellant company and (ii) in terms of the sub section 7 of Article 1712M of the Civil Code – Cap. 16 of the Laws – the interpellant by means of this judicial letter, is giving the necessary notice and is requesting the surrender of the mentioned policy and the payment of the value of the surrender of the said policy to it, on account of the debt of the same Mario and Valerie spouses Martinelli with the interpellant bank.
With costs and legal interest till the date of effective payment.
In default, the interpellant will be constrained to proceed judicially against you according to law.
Service:Martio Martinelli – Ramada, 15, Triq Alessju Xuereb, San Ġwann.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 941
941By means of a decree given, on the 21st May 2013, by the Court of Appeal, in the records of the Application Number 3/13, in the names Mary Grace Giordmaina vs Anthony Farrugia, application number 3/13, the following publication was ordered for the purpose of service of the respondent Anthony Farrugia, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the Court of Appeal, Application Number 3/13, in the names Mary Grace Giordmaina, daughter of Martin Giordmaina and Carmela neé Buhagiar, born in Baħrija, limits of Rabat and residing at 14, Flat 1, ‘Orienta’ Triq Vincenzo Ciappara, Rabat Malta, holder of Identity Card number 195558M, vs Anthony Farrugia, son of Joseph Farrugia and Elizabeth neé Pace, born in Żebbuġ, Malta and residing 92, ‘Sunset’ Triq id-Deheb Fin, Qormi, holder of identity card number 845357M, on the 14th January 2013, the applicant Mary Grace Giordmaina, respectfully pleaded;
That she married the same Anthony Farrugia, referred to in the heading of the application, on the eighteenth (18) of September of the year one thousand nine hundred eighty six (1986) in the Church of San Martin, Baħrija, limits of Rabat, Malta , (Dok (A).
That the the applicant Mary Grace Giordmaina, made a request to the Ecclesiastical of Malta, so that this marriage be declared null and without effect.
That by means of an executive decree issued on the 27th July 2010, by theRegionalTribunal of Dublin, inIreland, regarding Ecclesiastical Marriages (Dok B) it was declared, confirmed and certified, that the judgementgiven by the Ecclesiastical Tribunal in Malta of Second Instance, on the 2nd February 2009,had executive force, which judgement reformed the judgement given on the 29 th April 2005, by the Ecclesiastical Tribunal of First Instance in Malta, which was Negative regarding the validity of the same marriage, (Doc D).
That in virtue of the judgement of the Ecclesiastical Tribunal in Dublin, mentioned above, this marriagewas declared null.
That both parties are citizens of Malta and domiciled in Malta.
That the partieswant that this decision be registered and enforcedby this Honourable Court, so that it be recognised for all intents and purposes ofLaw.
Thus the applicants pray with respect that this Honourable Court after the Director of Public Registry is duly notified, orderthat thedecision of the Ecclesiastical Tribunal, in virtue of which the marriage between Mary Grace Giordmaina and Anthony Farrugia be declared null, is registered and be considered as well as a decision for all intents and purposesofCivil Lawas provided in articles 23 and 24 of Chapter 255 of the Laws of Malta.
Notify: Mary Grace Giordmaina, 14, ‘Orienta’ Flat 1, Triq Vincenzo Ciappara, Rabat, Malta.
Anthony Farrugia, 92, ‘Sunset’ Triq id-Deheb Fin, Qormi.
Directory Public Registry, ‘Evans Building’Sant’ Iermu, Valletta.
Avv. Generali, il-Palazz, Valletta.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 942
942By means of a decree of the 14th January 2013, in the records of the judicial letter number 3308/12, in the names Sean Cassar vs Anthony Vassallo, the First Hall of the Civil Courts 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 First Hall of the Civil Courts against Anthony Vassallo (I.D. 314959M) of 64, Petite Chateau, Triq il-Witja, Tarxien, on the 25th October 2012,Sean Cassar (I.D. 35084G) ofPezul Lodge, Wardija Hill, Wardija, referes to the bill of exchange dated 17th June 2009 for the sum of €39610, duely accepted by you,lapsed on 26th February 2010 and not paid, copy of this bill of exchange is annexed as Doc SC1.
The interpellant calls upon so that immediately you pay the sum of€39610, besides interests of 8%from the date of maturity of the bill of exchange till the date of effective payment, that until today it amounts to €8412.51.
In default the interpellantwill furtherly proceedagainst you according to law and without any other notice, including the opportune warrant.
This act is being made for all purposes and effects of law especially to render this bill of exchange executable according to law and in terms of Art 256 (2) of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta.
You are being also informed, as it is requested by proviso of paragraph (e) of Article 253 of the Code of Organisation and Civil Procedures (Chapter 12of the Laws of Malta) that you can by means of an application thathas to be made within twenty days from the service of this judicial act, to ask the competent Court to suspend the execution of the bill of exchange and this in case you oppose such execution of the bill of exchange because of the signature on the said bill of exchange is not yours or that of your mandator or ifyou have other validand serious reasons to oppose this execution.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 943
943By means of a decree of the 20th March 2013 of the Civil Court First Hall in the records of judicial letter number 3362/12, in the names Tracey Sillato vs George Galea, the following publication was ordered for the purpose of effecting service on the respondents in terms of Article 187(3) of Chapter 12.
In the First Hall of the Civil Court
To George Galea (K.I. 41573M) of “Il-Ħarruba”, Triq il-Kappella ta’ Santa Marija, Magħtab.
By the present Tracey Sillato (K.I. 0500085M) of Koala Bear, Triq San Piju V, Rabat, whilst reference is made to the deed made between you on the 12th September 2008 in the acts of Notary Doctor Malcolm Mangion, that by means of it you promised and bound yourself to sell and transfer to the interpellant that promised and bound herself to buy and acquire from you the tenament officially marked number 2 and bearing the name Koala Bear and this without it relative air space, informs you that, as you as the owner of the said air space/roof overlying the said tenemant, during the last four years, notwithstanding several comunications and promises on your part, you failed to do, to this roof, the maintance required and in default it concluded to damages in the walls and roof of two rooms of this premises.
The damages, as reported by Architect Antoinette Conti, appointed by the interpellant for this purpose, it includes substantional damage in the concrete roofing, and also mould in the roof and on the walls and according to estimation of Joe Lia (Vat Reg No 18072722) these damages amounted to €2591.
So you are being solicited so that within three (3) days you make the necessary repairs and in default further legal procedures will be taken against you.
The interpellant calls upon you to come forward for the liquidation and payment of damages caused to her because by your actions.
This judicial letter is being sent to you in terms of law.So much for your own guidance.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals