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Court Notices published in Govt. Gazette No. 19,024 of the 1st February 2013
01/01/2013
Notice 165
165By a decree of the Civil Court (Voluntary Jurisdiction Section), of the 4th January 2013, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
By means of an application filed by Dr Michelle Tabone (I.D. 138371M) as burser of Monsiguer Archbishop, Administrator of all the Entities of the Dioceses of Malta on the 20th December 2012, whereby she respectfully submitted:
That on 1 November 1981, Salvina Scerri, daughter of Francesco Scerri and Paola neé Fenech, died as results from the death certificate here attached (Doc A);
That from testamentary searches that have been carried out (Doc B and C) it results that the testatrix made a will dated 1st August 1958, whereby she stated that her hereditary assets be liquidated and the receivables therefrom be divided in the portions as specified in the said will, that is, one third in favour of the Parish of Lija, another one third to the Institute of Bon Pastur in Balzan and the reminder one third will be divided as to one-half to the Congregation of the Franciscan Missioners of Mary of Balzan and the other half to St Joseph Home in Saint Venera (previously Bonnici Institute, Ħamrun) (see Doc. D);
That from searches that have been carried out, it results that the heredity includes only the premises number two (2) into Alley number (2) in Triq Sant’Andrija, Lija, and this because the other premises mentioned in the said will has been left by title of legacy to third parties (a certain Tereza Muscat) by means of the same will, that is the premises number 10, in Triq Sant’Andrija, Lija;
By means of a decree given by this Honorable Court on the 16th November 2012 (Number 853/2012) (see Doc. E) the applicant was nominated the testamentary executor and authorized to carry out the usual duties according to law of the testamentary executor, of this heredity so that according to the wishes of the testatrix, the testamentary executor would be able to liquidate and transfer the premises to the entities mentioned according to the testamentary dispositions of the testatrix;
To carry out these duties the applicant requires access and entry into the aforementioned premises together with an architect appointed by herself so as to provide her with a valuation and a report.
That when the applicant came to access and enter the aforementioned premises number two (2) in Alley number two (2) in Triq Sant’Andrija, Lija, she didn’t find any keys and neither were such keys to be found in the Archives of the Archbishops Curia.The applicant knows that the premises are not inhabited but doesn’t know of anybody holding any keys of the same premises and so humbly submits that there is the need that the applicant is authorized to enter by force into premises to carry out her duties of executor.The applicant doesn’t know whether in the said premises there are still movable valuable objects that are part of the heredity of the said Salvina Scerri.
Thus the applicant with respect prays this Honorable Court so that it authorises her to access and enter the said premises number two (2), in Alley number two (2) in Triq Sant Andrija, Lija, and to enter the same premises by forced entry from the main entrance to these premises in the same alley, with the assistance of a Marshal who on the same day is to describe each and every movable object which may be found in the premises on the date of such entry, and all of this subject to those directions and conditions that this Honourable Court deems fit to impose.
Civil Court of Voluntary Jurisdiction Section
Honourable Mr Justice Anthony Ellul
ApplicationNumber 982/12
The Court,
After having taken note of the application filed on the 20th December 2012;
Invites the applicant to:
1. Declare if she knows the last person that used to live in the premises in question;
2. Verify with the Electoral Registry if there is any person registered in the said premises;
3. Verifies with Arms Limited who is the person registered as consumer for eletricity and water. In this regards, the Court is for all intents and purposes auhtorising applicant to obtain all the information which this Court is requesting;
4. Prove that she has complied with the second paragraph of the decree of the 16 November 2012 in the records of application number 853/2012;
5. Verify and ascertain that the premises in question formed part of the partrimony of Salvina Scerri on the date of her death (1/11/1981).
Orders that this application and decree be published in the Government Gazette and in another local daily newspaper and also a copy be attached to the door outside the premises, so that whoever has any interest will have twenty (20) days time within which to comment by filing a note in the registry of this Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 166
166By means of a decree of the 12th July 2012 in the Court of Magistrates (Malta) in the records of the judicial letter number 1166/12 in the names Bank of Valletta p.l.c. vs Vincent Bonello 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 Vincent Bonello (I.D. 445170M) ofFlat 6, Block J, Bini tal-Gvern, Ħamrun, on the 2nd May 2012, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €548.19 balance of debt in your Loan Accountwith Bank of Valletta p.l.c. together with further interests from the 20th August 2011 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
Bann for Curators
167Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 10th December 2012, following a request of Aida Portelli,it was ordered that deputy curators be chosen to represent the absent Toni Illiev Ilkov, in the records of the letter of the Divorce Application, 629/12AL, in the names ‘Aida Portelli vs Deputy Curators’ and in the relative and subsequent acts.
By means of an Application filed in the Civil Court (Family Section) in the names Aida Portelli (I.D. 552158M) vs Deputy Curators to represent the absent Toni Illiev Ilkov (I.D. 11272A) on the 4th December 2012, the applicant Aida Portelli (I.D. 552158M) asked this Honourable Court:
1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in theapplication.
Notify: Deputy Curators to represent the absent Toni Illiev Ilkov (I.D. 11272A).
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 Joseph Azzopardi, LLD. Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 168
168By means of a decree given on the 6th March 2012, in the records of the judicial letter, in the names Bank of Valletta p.l.c. (C 2833) vs Kurt and Alicja spouses Chetcuti Bonavita (I.D. numbers 5375M) and 26024(A) the following publication was ordered for the purpose of service of the respondents, in terms of Article 187(3) of Cap. 12.
In the First Hall Civil Court
To Kurt and Alicia spouses Chetcuti Bonavita
I.D. numbers 5375(M) and 26024(A).
By the present,the company Bank of Valletta p.l.c. calls upon you so that within two days you pay the sum of twelve thousand, two hundred seventy-nine Euro and ninety cents(€12,279.90c) balance of debt in your ‘Loan Accounts’with the Bank of Valletta p.l.c. together with further interests, from the 24th February 2011, till the date of effective payment.
The interpellant company warns you that if you fail, they shall be constrainedto proceed against you according to law.
Interpellant company: Bank of Valletta p.l.c. (C 2833)
1/5, Misraħ San Ġorġ, Valletta.
Respondent: Kurt and Alicja spouses Chetcuti Bonavita,
25, Flat 5,
Triq l-Imrabat,
Sliema.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 169
169By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th January 2013, Application number 19/2013 by Emanuel Delia, whereby he prayed that it be declared open in favour of the same Emanuel Delia and his wife Carmela Delia and this in the quota of one fourth (1/4) undivided share each one of them; and in favour of Raymond, Tarcisio, Doris and John brothers and sisters of the decujus and this in the quota of one tenth (1/10) undivided share each one of them; and in favour of Jordan, Christian and Julia brothers and sister Delia, children of the late Joseph and this in the quota of one thirty (1/30) undivided share each one of them the SUCCESSION of Peter-Paul Delia, bachelor, son of Emanuel Delia and Carmela Delia née Spagnol, born in Pietà, resided in Żabbar and died in Marsaskala on the 3rd September 2012 aged 39 holding identity card number 0317373(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
Court Warrant
170By means of a decree of the 22nd August 2012, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a Warrant of Seizure Number 1906/12 filed on the 13th July 2012 by 3A Malta Limited (C41217) vs Stryyke Entertainment Limited (C38860) by means of which it was premised that this Honorable Court orders the issue of the Garnishee Order to be executed on the garnishee or garnishees as hereinafter mentioned, against the debtor for the debt herein mentioned and for the costs of this procedure, as precaution against the debt hereinafter indicated by virtue of the executive title herein mentioned hereunder:
Debt: Amount €9,971
Interest €2,441.12 as interest due till today calculated by 8% according to law in terms of the judgement mentioned in this garnishee order, besides further interest from today till the date of effective pagment – document attached and marked as document A;
Costs €1,148.48 according to a tax bill of costs issued by the Registry of the Court that is attached and marked as document B, besides further costs of the garnishee order.
Executive title: according to a judgement of the Court of Magistrates (Malta), Notice Number 387/10SM given on the 6th April 2011, a copy of which is attached and marked as document C;
Garnishees: 1. HSBC Bank Malta plc; 2. Bank of Valletta plc; 3. APS Bank Ltd; 4.Lombard Bank Malta plc; 5. Banif Bank (Malta) plc
Garnishee Order
Republic of Malta
To Marshal of the Courts
Whereas the above application has been filed and it contains the elements required according to law for the issue of the orders herein contained;
You are therefore, on the said application hereby ordered that, by delivering a copy of this Order, in the first place, to the aforesaid garnishees and subsequently to the debtor, you shall enjoin the said garnishees to retain in their possession as sequestered until the expiration of the time for which this warrant shall remain in force according to law or until further orders, or otherwise to deposit in the Registry of this Court, so much of the things or moneys in their possession appertaining to the said debtor as may be sufficient to satisfy the aforementioned claim of the said creditor together with the costs hereof under penalty of the payment of damages and interest, in case of disobedience.
And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.
Given by the Courts of Magistrates (Malta) and witnessed by Magistrate Dr Joseph Apap Bologna, B.A., LL.D., Magistrate of the said Court.
Creditor: 3A Malta Limited- The Penthouse, Level 3, Palazzo La Brugnera, Valley Road, Birkirkara, BKR 9024.
Debtor: Stryyke Entertainment Limited – Mirage Court, Office 13, Triq Għar il-Lembi 9, Sliema SLM 1562.
This, 16th day of July 2012
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 171
171It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 18th September 2012 in the records of the judicial letter number 1186/12, in the names Fogg Insurance Agencies Limited vs Vincent Francica, ordered the following publication for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Vincent Francica of 117, Flat 2, Triq is-Sur, Isla, on the 2nd May 2012, Fogg Insurance Agencies Limited (C-597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limitedas subrogated in the right of its insured Joseph Saccasan, on the basis of a comprehensive type of policy and of Law, and the same Joseph Saccasan (I.D. 124667M) whilst reference is made to the motor accident which occurred on the 21st June 2011 at about 2.55 p.m. in Triq il-Linja, Attard, between the vehicle bearing registration number EBY 633 driven by you and the vehicle property of the interpellant Joseph Saccasan bearing registration number KBN 702, calls upon you so that within three (3) days you come forward for the liquidation and payment for all the damages suffered as a result of the said accident, which accident occured solely as a result of carelessness, negligence and lack of observation of the traffic regulation on your part.
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 useless 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.
Applicant: La Concorde, Abate Rigord Street, Ta’ Xbiex.
Service:Motor Insurance Pool
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 172
172By a decree of the 4th September, 2012, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
That by an application filed by Mariella Azzopardi on the 3rd December, 2012, it is being asked for the approval of the compensation made by the schedule of set-off filed contemporaneously, numbered 1764/12, in the judicial sale by auction numbered 85/08 in the names: Mariella Azzopardi vs Carmel sive Charles Farrugia. The Court ordered the notification of the application to all the interested parties with a ten day period for the reply.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 173
173By a decree of the Court of Magistrates (Malta) of the 9th July 2012, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Rudolph Azzopard (I.D. 419777M) carrying on trade under the name Artech of Fleur De Lys Road, Birkirkara,filed a Claim on the 28th February 2011, whereby they asked the Court to condemn Market Handle Ltd (C-49546) of Market Handle Building, Triq G. F. Agius De Soldanis, Birkirkara and on the 9th July 2012, Donald Micallef was called into suit as third party of Ocean Heights, Block B, No 1, Triq Piscopo Macedonia, Xemxija, St Paul’s Bay, to pay the plaintiff company the sum of €8,040 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Notice Number 58/11FDP) is put off to the 4th February 2013 at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 174
174By decree given by the CIVIL COURT, FIRST HALL on 14th January, 2013,on the application of HSBC BANK MALTA PLC, Tuesday, 19th February, 2013 at 11.30 a.m., has been fixed for the SALE BY AUCTION, to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
The tenement numbered eight (8), Triq Ħal Salfieni, Paola with all its rights and enjoyments, free and unencumbered from any ground rents and burdens valued at one hundred and sixty five thousand euro (€165,000).
The said tenement is the property of MICALLEF INES (I.D. 118051M).
N.B. The said tenement will be sold as described in the acts of the file number 95/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 175
175By means of a decree given, by the Civil Court (Family Section) on the 6th December 2012, in the records of the Sworn Application, in the names Adrian Paul Avellino vs Antonia sive Tania Bezzina, application number 299/09 NC, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Civil Court (Family Section) Sworn Application Number 299/09 NC, Avellino Adrian vs Bezzina Antonia sive Tania, Decided 22nd March 2012, the applicant Adrian Avellino, respectfully pleaded:
That by means of the judgement delivered by this Honourable Court, on the 22nd March 2012, the cause in the names premised, this Honourable Court decided inter alia the following;
Omissis…
To uphold the third demand in the sense above established and ordered in the section headed ‘Maintenance’ and order that the contract of separation be amended in that sense.
That the third demand was the following:
3. Order that the contract of separation be amended so that all the medical expenses, including the orthodontic, the education expenses of the children, includingthe expenses relating to the educational institutions, books, and other things relating to and expenses relating to the summer school be borne as to one-half each by the parties, in such a manner that every party has to give the receipts to the other party, as a proof that the expense was truly incurred.
That when the able Notary appointed by this Honourable Court, came to publish the relative deed, he felt the needfor more direction from this Honourable Court, as regards the interpretation of the judgement, as regards the third demand, since this Honourable Court, stated that it was upholding the third demand, but made no reference to the elements which constitute the third demand and namely all the medical expenses, the expenses relating to education and all the other expenses listed in the third demand.
That truly the section in the judgement headed ‘Maintenance’ does not make any reference to the elements constituting the third demand and thus, the able notary feels very perplexed that in the binding part of the judgement, this Honourable Court, bound this section with the third demand.
That furthermore the same learned Notary, was perplexed as regards the judgement since he does not feel that he is in a position whereby he can simplyomit from the original contract any reference to all the medical expenses, including the orthodontic expenses, the expenses related to the education of the children, including the expenses related to the educational expenses, books and other relatedthings and the expenses relating to the summer school, when these are expresly mentioned in the original contract of separation published and when this Honourable Court, expressly stated that it was upholding the third demand.
Indeed, since in the section ‘Maintenance’ there is not indicated any of these expenses but at the same time whilst this Honourable Court, upheld the third demand that related expressly to these expenses, the same learned Notary is in the position that if he omits from the deed of separation between the parties any reference to the same expenses, he shall be going against the third point of the binding part of the judgement in question.
That thus in the circumstances, it is necessary that direction be given by this Honourable Court, how the learned Notary is to draw the contract de quo.
That indeed once this Honourable Court, upheld the third demand, it is logical that one assumes that thus Honourable Court upheld all the elements constituting the third demand.
That it is clear that it is in the supreme interest of the applicant that this contradiction be addressed since it is also in the supreme interest of the applicant that the deed of separation be amended and this matter be addressed, there is no doubt that this is also in the supreme interest of the minor.
Thus in view of the above, the applicant humbly prays that this Honourable Court, gives direction to the learned Notary appointed by it to publish the deed that amends the original act as regards the third demand, brought forward by the applicantin his sworn applicant and this so that the same Notarty be in a position to publish the same deed without going against the intention of this Honourable Court when it drew up the judgement.
Service: 13, Triq il-Kanonku Pirotta, Birkirkara.
ADV. FRANK PORTELLI, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 176
176IT IS hereby notified that in virtue of a decree given on the 24 ta’ Jannar 2013 the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the records of judicial sale 30/2012 in re “Karkanja Ltd. Vs Chrisopher Zarb et,” ordered the publication of the hereunder reproduced extract for the purpose of service in terms of section 187(3) of Cap. 12 of the Laws of Malta.
“The company Karkjanja Ltd. of Triq Fortunato Mizzi, Rabat, Gozo, with registration number C270692 requested with application dated 17 of August 2012 and obtained by a decree on the 29th of August 2012 the issue of a warrant of seizure of immovable property against Christopher Zarb (identity card number 387679M) and Dream Design Woodworks, (company registration number C36561), both of 74, ‘Christ Diana’, Triq il-Lampara, Bahar iċ-Ċagħaq, Naxxar, Malta, for the amount of €146,242.64 as the principal claim, interest thereon and relative expenses, and this in virtue of a sentence given in the sworn application reference number 11/2009, decided on the 23rd April 2010”.
Inferior Jurisdiction
General Section
Jaclyn Magrin
Deputy Registrar
Notice 177
177By means of a decree given, by the Rent Regulation Board, on the 21st January 2013, in the records of the Warrant of Eviction number 26/2013, in the names Gasan Properties Limited (C2) vs H.P. Cole Limited (C20) the following publication was ordered for the purpose of service of the respondent company, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names (Applicant) Gasan Properties Limited (C2) vs (Respondent) H.P. Cole Limited (C20) on the 8 th January 2013,the applicants Gasan Properties Limited, respectfully pleaded:
That this Honourable Court orders the issuing of a warrant of eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.
Premises: 13, Lascaris Building, Lascaris Wharf, Valletta.
Judgement: of this Honourable Court of Appeal (Inferior Jurisdiction) dated 29th November 2012, by means of which the judgement of the Rent Regulation Board of the 30th January 2012 was confirmed and according to which the respondent company H.P. Cole Limited, was given 30 days from the date of the judgement to vacate.
Filed by PL JP Busuttil with one doc.
Num.26
Warrant of Eviction.
Republic of Malta.
Warrant of Court
To the Court Marshall
Given by the Court above mentioned with the witness of the Hon. Dr Giovanni Grixti LL.D. Magistrate.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 178
178By decree given by the CIVIL COURT, FIRST HALL on 14th January, 2013, on the application of HSBC BANK MALTA PLC, Tuesday, 19th February, 2013, at 10.30 a.m. has been fixed for the SALE BY a AUCTION, to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
Tenement numbered fifty (50) Dockyard Street, Raħal Gdid subject to annual ground rent of one euro and fifty seven euro cents, free and unencumbered, with all its rights and enjoyments valued at sixty-six thousand and four hundred euro (€66,400).
The said tenement is the property of MICALLEF LEONE (I.D. 678853 M).
N.B. The said tenement will be sold as described in the acts of the file number 93/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 179
179By decree given by the COURT OF MAGISTRATES (GOZO) SUPERIOR JURISDICTION, on the 18th December 2012 on the application of Joseph Micallef et, in the records of judicial sale by auction number 47/2012 in the names of Joseph Micallef et vs Jason Zammit et (after warrant of seizure number 296/2012) Monday, 4th March 2013 at 10.30 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. Items of furniture including beds, wardrobes, side-tables and sofas.
2. Different appliances including a microwave oven and televisions.
3. Decorating items including a mirror and coffee table.
The said items are the property of Jason and Silvia Zammit.
More details regarding the seized objects can be found in the Court Marshall’s report in the same acts.
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 180
180By decree given by the CIVIL COURT, FIRST HALL on 9th January, 2013, on the application of HAYMAN JOHN PATRICK ET, Tuesday, 26th February, 2013 at 10.30 a.m., has been fixed for the SALE BY AUCTION, to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
The tenement with no number and named ‘The Rose Cottage’, Triq Dun Karm Galea, Birkirkara, free and unencumbered and with all its rights and enjoyments valued at two hundred and ninety five thousand (€295,000).
The said tenement is the property of MUGLIETT EDMOND ESPEDITO (I.D. 661762 M) and MUGLIETT MARIA THERESA (I.D. 21162 G).
N.B. The said tenement will be sold as described in the acts of the file number 63/10.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 181
181By means ofa decree given on the 25th January 2013, by the Rent Regulation Board, in the records of the Application in the names Vincent Sammut et vs Joseph Ellul, application number 5/13 GG, the following publication was ordered for the purpose of service ofthe respondent, in terms of Article 187(3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Vincent Sammut (I.D. 33933M) and his wife Mary Agnes Sammut (I.D. 614738M) for any interest she may have vs Joseph Ellul (I.D. 620461M) on the 17th January 2013, the applicant Vincent Sammut (I.D. 33933M) and his wife Mary Agnes Sammut (I.D. 614738M) for any interest she may have, asked this Honourable Board:
1. To uphold the demand so that this application be be proceeded with by special summary proceedingswithout passing to a hearing of the cause in terms of Article 16A of Chapter 69 of the Laws of Malta, declare as terminated the lease between the applicants Vincent and Mary Agnesspouses Sammut and the respondent Joseph Ellul of the premises, Flat 4, Sammut Block, Trejqet il-Kulpara, Saint Paul’s Bay, and uphold the other demands in the application.
With costs and legal interests as demanded.
Defendant: Joseph Ellul, Sammut Bldg, Flat 4, Trejqet il-Kulpara, Buġibba.
Regisry of the Superior Courts (Rent Regulation Board) today 29th January 2013.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 182
182By decree given by the COURT OF MAGISTRATES (GOZO) INFERIOR JURISDICTION, on the 11th January 2013 on the application of Kenneth Grech Company Ltd, in the records of judicial sale by auction number 2/2013 in the names of Kenneth Grech Company Ltd Vs Sonia Xerri (and after warrant of seizure number 8/2013) Monday 13th May 2013 at 10.30 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. Bottles of alcohol including wine, beer, whisky and others
2. Appliances including a toaster, a fridge, an oven and a freezer
3. A number of tables.
4. Vehicle of the make Nissan Macra Jeep (Registration Number EAN-289)
The said items are the property of Sonia Xerri (I.D. 3277G).
More details regarding the seized objects can be found in the Court Marshall’s report in the same acts.
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 183
183By means of a decree given, on the 10th January 2013, by the Civil Court (Family Section) in the records of the Sworn Application Luigi Aquilina vs Mary Carmen Aquilina, application number 371/09 AL, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) of Cap. 12.
By means of an application filed in the Civil Court(Family Section) on the 9th November 2012, in the records of the Application, in the names Luigi Aquilina I.D. 247870(M) vs Mary Carmen Aquilina (I.D. 47471M) the applicant Mary Carmen Aquilina, respectfully pleaded:
That in virtue of a decree of this Honourable Court, of the 8th April 2010, the care and custody of the children of the contending couple the minors Luca and Dario was entrusted to the father the respondent Luigi Aquilina.
That since that time no regulations were fixed regarding the access of the applicant to the children.
Due to this her access is one which depends on the convenience, the whims and caprice of the respondent.
...omissis...
That this state of fact is not in the interest of the children ...omissis... Thus the time has arrived that there be a Court decree in virtue of which the access of the applicant to the children is regulated.
Thus she demands that she be granted access as hereunder explained:
The children are to be with the mother one week from 10.00 on Saturday and return to the father on Sunday morning not later than 10.00 a.m. and the following week from 6.00 p.m. on Saturday and return to the father on Sunday evening not later than 6.00 p.m.
...omissis...
During the summer holidays, theMother shall have the right twice a month to take the children during the week from 10.00 a.m. to 8.00 p.m. but she is to give the father a prior notice of 48 hours.
Thus she asks in the interest of the children, that this Honourable Court, decrees in adherence with that above demanded.
Applicant: Triq San Bażilju, Imqabba.
Respondent: 54, St. Moritz Court, Dahlet fi Triq il-Kappillan Mifsud, Msida.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 184
184NOTICE
CIVIL COURT – FIRST HALL
Whereas Assunta Paris (I.D. 963045M) filed anapplication under oath (No. 62/2013 JA) demanding CORRECTION in the ACT OF DEATH of her husband Emanuel Paris number 2050/2011 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 185
185IT IS hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 9th January 2013(Application number 1/2013) Francis Attard et requested the opening of the SUCCESSION of Victor Attard, bachelor, son of the late Joseph and Emanuela neé Attard, born in Xagħra, Gozo, where he used to reside, and who died in Victoria, Gozo on the twenty first of August two thousand and twelve (21.08.2012), intestate, and which opening of succession is to be made in favour of his brothers, Francis Attard and Joseph Attard, equally between them.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns.
Voluntary Jurisdiction
Maureen Xuereb
For the Registrar, Gozo Courts and Tribunals
Notice 186
186By means ofa decree given on the 10 th January 2013,by the Rent Regulation Board, in the records of the Sworn Application, in the names Maria Assunta Camilleri (I.D. 575455(M) vs Timothy Tonwuru et, application number 94/12 GG, 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 an Application, filed, in the Rent Regulation Board, in the names Maria Assunta Camilleri (I.D. 575455M) vs Timothy Tonwuru (I.D. 26004A) and Marisa Tonwuru (I.D. 434368M) on the 21st November 2012, the applicant Maria Assunta Camilleri, asked this Honourable Court in view of that premised that there be dispensed the hearing of the cause in terms of Article 16A et seq of Cap. 69 of the Laws of Malta;
1. That it be declared that the respondents are in delay in the payment of rent for the months of July, August, September and October 2012, and consequently in terms of the writing of the lease agreement dated 19th May 2005, the lease be terminated and uphold the other demands, amongst which that the respondents vacate the shop ‘Pathfinder Confectionary ‘in Mosta Road, Saint Paul’s Bay.
With costs and with interest, the respondents are summoned so that a reference to their evidence be made.
Applicant: 269, St. Mary, Triq Burmarrad, Burmarrad.
Respondents: 1. Pathfinder Confectionery, Mosta Road, St. Paul’s Bay.
2. 166, Triq il-Ħelsien, Qormi.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 187
187By decree given by the COURT OF MAGISTRATES (GOZO) SUPERIOR JURISDICTION, on the 18th December 2012 on the application of Joseph Micallef et, in the records of judicial sale by auction number 47/2012 in the names of Joseph Micallef et vs Jason Zammit et (after warrant of seizure number 296/2012) Monday, 4th March 2013 at 10.30 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following items:
1. Items of furniture including beds, wardrobes, side-tables and sofas.
2. Different appliances including a microwave oven and televisions.
3. Decorating items including a mirror and coffee table.
The said items are the property of Jason and Silvia Zammit.
More details regarding the seized objects can be found in the Court Marshall’s report in the same acts.
Jaclyn Magrin
For the Registrar, Gozo Courts and Tribunals
Notice 188
188By means of a decree given, by the First Hall Civil Court, on the 8th May 2012, in the records of the judicial letter number 179/12, in the names Lorenzo Martino vs Teresa Lucy Sciriha et, the following publication for the purpose of service of Teresa Lucy Sciriha, in terms ofArticle 187(3) of Cap. 12.
In the First Hall Civil Court
To Teresa Lucy Sciriha (I.D. 0051400(L)
Moonray,
Triq Katerina Vitale,
Saint Paul’s Bay.
and
To Joachina Lucchese (I.D. 0387566(M)
Flat 3, Simones,
Triq Luigi Pisani,
Kalkara.
and
To Elmo Insurance Limited (C 3500)
‘Elmo’ Abate Rigord Street,
Ta’ Xbiex,
Malta.
and
Elmo Insurance Agency Limited (C 17494)
Elmo, Sir Ugo Mifsud Street,
Ta’ Xbiex, XBX 1437,
Malta.
By the present judicial letter Lorenzo Martino (Passport No. A 01390811) as special mandatary of his wife Anna Maria Scenna (Italian Passport Num A 01390812), refers to the street incident which occurred on 8th March 2010, in Triq it-Torri, Sliema, whereby the said Anna Maria Scenna had been run over by a car of the type Maruti with registration numbers DAM 125 whilst Anna Maria was crossing the road on a pedestrian crossing. At the time of the incident the vehicle was registered in the name of Teresa Lucy Sciriha and was being driven by Joachinna Lucchese. As a consequence of this incident Anna Maria Scenna suffered serious injuries as certified by various medical specialists.
The interpellant informs you that the accident ocurred due to lack of attention and/or carelessness and or /lack of observance of the provisions of theHighway Code of the vehicle’s driver and thus you alone/ or together are esclusively responsible for all the damages suffered by the interpellant. The vehicle involved in this incident was insured with the company Elmo Insurance Limited. For all intents and purposes it is pointed out that the insurance companies are being cited on this judicial act for any interest they may have:
That the interpellant calls upon you so that you or either of you immediately come forward to the liquidation of the damages suffered and in any case not later than fifteen days from the date of this judicial letter.
Thatthe interpellant informs you that in case you remain in default and do not come forward to the said liquidation, sheshall have no alternative but to proceed further against you, with all the means according to law, including the issuing of the opportune warrants and this without any other prior notice.
So much so that you may know how to regulate yourselves and without the necessity of costs and further legal procedures.
This calling is being made for all intents and purposes of Laws of Malta including the interruption of prescription .
With costs.
Interpellant: Lorenzo Martino, c/o 3, Independence Square, Valletta, Malta.
Respondents: Teresa Lucy Sciriha, of Moonray, Triq Katerina Vitale, Saint Paul’s Bay.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 189
189By decree given by the CIVIL COURT, FIRST HALL on 11th December, 2012,on the application of UGNAT ALEN MATIYO, Tuesday, 5th February, 2013 at 11.00 a.m., has been fixed for the SALE BY AUCTION, to be held on THE FIRST FLOOR OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following property.
The apartment number four (4), on the third floor in a block of flats with no number known as ‘Prestige Court’ in Church Street, St. Julians, free and unencumbered, valued at two hundred thousand euro (€200,000).
The said tenement is the property of ALTENBACH WERNER (Switzerland Passport Number F0635067).
N.B. The said tenement will be sold as described in the acts of the file number 114/12.
Marvic Farrugia
For Registrar of Civil Court and Tribunals