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Court Notices published in Govt. Gazette No. 19,131 of the 30th August 2013
01/01/2013
Notice 1350
1350WHEREASROSEMARY SALIBA RAPA filed a writ of summons no. 58/2013 (JD)in the names “Rose Mary Saliba Rapa -vs- Direttur tar-Reġistru Pubbliku għal Għawdex” demading CORRECTIONS inthe ACT OF BIRTH of her son Keran Frankie Silvio bearing number forty four of the yeartwo thousand and nine (44/2009).
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 (15) 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 serviceof a copy of the said writ of summons, of the daywhich will be appointed for the hearing of the case.
Maureen Xuereb
For the Registrar
Gozo Courts and Tribunals
Notice 1351
1351It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 24th June 2013, in the records of the judicial letter number 695/13, in the namesFogg Insurance Agencies Limited vs GasanMamo Insurance Limited et, ordered the following publication for the purpose of effecting service on the respondents, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against GasanMamo Insurance Limited and Lara Cauchi of 8 Gardenia, Triq il-Bir, Madliena,on the 15th February 2013, Fogg Insurance Agencies Limited (C-597) as agents of the foreign company Argus Insurance Company (Europe) LimitedofLa Concorde, Abate Rigord Street, Ta’ Xbiex and George Barabara (ID 167852M) of 26, Triq l-Innu Malti, Żebbuġ, Malta, whilst refering to the judicial letter of GasanMamo Insurance Limited of the 29th January 2013,they strongly refute all the allegations therein contained as unfounded in fact and at law and solicit you not to file any useless proceedings in their respect in connection with the car accident which occured on the 16th June 2012at about 11.47a.m. in Gudja between the vehicleregistration number JBP 707, insured by the interpellant Fogg Insurance Agencies Limited noe and driven by the interpellant George Barabara and the vehicle with registration number NPS 002, insured by you GasanMamo Insurance Limited and this because the said accident occured solely because of your carlessness,negligence, lack of skill and lack of observance of the traffic regulations on your part Lara Cauchi whilst you where driving the said vehicle with registration number NPS 002.
And also the interpellant calls upon you in solidum between you so that within three (3) days you come forward for the liquidation and payment of all damages suffered by them as a result of the same accident.
So much for your own guidance and to avoid costs and further procedures.
This judicial letter is being made particularly, but not limitedly, for the purpose of interrupting prescription in terms of Cap. 12 and Cap. 16of the Laws of Malta.
With costs and legal interest.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1352
1352By means of a decree on the 11th February 2013, in the records of the judicial letter number 2071/12, in the names United Acceptances Finance Ltd vs Louis Pace et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Louis Pace (ID 871952M) of 30, Triq il-Kbira San Ġużepp, Ħamrun, 2000 Limited (C7358) of 261, Tower Road, Sliema and Alberta sive Betty Pace (ID 810052M) of 30, Triq il-Kbira San Ġużepp, Ħamrun, together in solidum, on the 3rd August 2012, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to the fifteen (15) bills of exchange signed and accepted by you, which bills of exchange lapsedbut were not paid for, copies of this bill of exchange are annexxed and marked Documents 46 to 60.
The interpellant calls upon so that within two day you pay the sum of €2517.75 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs youthat they shall proceedagainst you without any other notice according to law.
So much so that you may know how to regulate yourselves.
You are warned that you have the right tooppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Chapter 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Chapter 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1353
1353By means of a decree given on the 24th April, 2013, by the Courts of Magistrates (Malta) , in the records of the judicial letter number 269/13, in the names Montaldo Insurance Agency Limited noe vs Mario Farrugia et, ordered the following publication for the purpose of service of the respondents, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Mario Farrugia (I.D. 291170M) of363, St Joseph High Street, Sta Venera, Carmelo Farrugia (I.D. 588141M) of Old Trafford Flats, Flat 5, Marone Street, Gzira, Citadel Insurance plc, GasanMamo Insurance Limited for any interest it may have and Motor Insurers Bureau for any interest it may have, on the 30thJanuary2013, Montaldo Insurance Agency Limited (C1052) of 98/2 Melita Street, Valletta for and on behalf of the foreign insurance company AIG Europe Limited and this as subrogated in the rights ofits insured Caroline Miruzzi and the same Caroline Miruzzi (ID 438979M),whilst refering to the car accident that occured on the 26th March 2011 in Sliema where you Mario Farrugia where driving the vehicle with registration number EBG 757 property of Carmelo Farrugia, you collided on the back of vehicle with registration number BBX 087 property of Caroline Miruzzi driven by her and insured with the interpellant company, for which accident you Mario Farrugia is being held responsabile because of lack of skill, negligence and lack of observation of the traffic regulations.
Thus, by this present, the interpellant are solisiting you or whom of which so that within four days you come forward and pay the sum of €1241.84, that is €56 as loss of use, €1036.54 as repairs done on the vechile BBX 087, €34.30 other costs related to the loss of the no claim bonus of Caroline Miruzzi because of the accident in question and €115 as excess paid by Caroline Miruzzi because of the said accident.In default further procedures will be take according to law without further notice.
So much so that you may know how to regulate yourselves.
A copy of this judicial letter is being sent to your insurance company for all purposes and effects of law and in particular, but not limitedly in terms of Chapter 104 of the Laws of Malta.
A copy of this judicial letter is being sent to Motor Insureres Bureau for all purposes and effects of law because recently Citadel Insurance plc informed the interpellant company that Citadel Insurance plc was not the insurer of the vehicle EBG 757 when the accident in question occured and this against what Mario Farrugia and Carmelo Farrugia said.
This judicial letter is required by law to to interupt prescription and this in terms of Article 2128 of Chapter 16 of the Laws of Malta.
With costs and legal interest.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1354
1354By means of a decree given, on the 18th April 2013, by the Rent Regulation Board, in the records of the Warrant of Eviction, in the names Dottor Michelle Tabone nomine vs Carmelo Attard application number 1436/2012, thefollowing publication was ordered for the purpose of service of the respondent Carmelo Attard, in terms of Article 187(3) of Cap. 12.
By means of an Application, filed, in the Rent Regulation Board ( Applicant) Dr. Michelle Tabone (ID 138371M) as Bursar of Monsignor Archbishop Administrator of all the Ecclesiastical Property in Malta in the name and in the interest of the Parish of Stella Maris, Sliema vs ( Respondent) Carmelo Attard (ID 110720(M) on the 28th September 2012, the applicant Dr. Michelle Tabone nomine, asked this Honourable Court, to order 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; The premises with number fifty/ two /fifty three (52/53) in Triq il-Kbira, Sliema.
Judgement : Judgement given bythis Honourable Court, on the 28th June 2012, in the names ‘Dr Michelle Tabone (ID 138371M) as Bursar of Monsignor Archbishop Administrator of all the Ecclesiastical Property in Malta, in the names and in the interest of the Parish of Stella Maris, Sliema vs Carmelo Attard (ID 110720M) Application number 91/2010 GX.
Sgd. Sgd. Advocate Dr. Dominic A. Cassar.
Filed by PL J. Dingli without doc.
Applicant: Dr. Michelle Tabone nomine,
Kurja Arciveskovili, Floriana.
Respondent: Carmerlo Attard, ID 110720(M).
Warrant of Eviction
Republic of Malta
ToThe Court Marshall
And after doing this or if you encounter any obstaclein the executionof this warrant, you are to inform this Court, forthwith.
Given by the Civil Court First Hall, with the witness of the Hon. Mr. Justice Joseph Zammit Mckeon, Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1355
1355By means of a decree given, on the 10th July, 2013, by the Rent Regulation Board, in the records of the Sworn Application, in the names David Vella vs Sebastian Muscat, application number 65/13 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 David Vella I.D. 183568(M) vs Sebastian Muscat (I.D. 935449M) on the 10th June 2013, the applicant David Vella I.D. 183568(M) asked this Honourable Board;
1) To declare that the lease of the premises 103 A and 103 (today 33) in Triq San Bastjan, Ħal Qormi, was between the company ‘Allmart Limited’ and Sebastian Muscat, declares that the applicant David Vella , is not and was never personally involved in the lease of thepremises 103 A and 103 (today 33) in Triq San Bastjan, in, Ħal Qormi, and uphold the other demands in the application.
With costs, against the respondent summoned so that a reference to his evidence be madeand saving in favour of the applicant or his successors in title any further actiondue to himor to them according to law against the respondent in the appropriate forum.
Applicant: David Vella- 434, Daħlet is-Sardinell, Mellieħa.
Respondent: Sebastian Muscat, ‘Casa Buttigieg’ 94, Flat 2, Pretty Bay, Birżebbuġa.
The Sworn Application in the names David Vella vs Sebastian Muscat, application number 65/13 GG,has been put off to the 14th October, 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1356
1356By means of a decree given, on the 13th August 2013, by the Rent Regulation Board, in the records of the Sworn Application, in the Paul Farrugia vs Kenneth Xuereb, application number 77/2013 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 an Application filed in the Rent Regulation Board, by means of special summary proceedings, in the names Paul Farrugia ID 13759(M) vs Kenneth Xuereb ID 14176M, on the 23rd July 2013, the applicant Paul Farrugia asked this Honourable Court;
1. To hear and decide this cause in terms of Article 16A of Chapter 69 of the Laws of Malta, declare and decide that the respondent is occupying the premises without any legal title since the contract which was signed between the parties, had a time frame, which lapsed, and uphold the other demands in the application amongst which to vacate the premises St. Rita, Triq is-Sajf, in Bugibba, within a short and peremptory period.
With legal costs and interest, the respondent is summoned so that a reference to his evidence is made.
Applicant:Paul Farrugia, Vandervalk, Triq Salvu Kurso, Siġġiewi.
Notify: Kenneth Xuereb, St. Rita, 7, Triq is-Sajf, Buġibba.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1357Republic of Malta
To The Marshall of the Court.
By means of a decree given by this Court, on the 13th August, 2013, following a request of Marc Michael Renè Gauci and Genivieve Solange Crawley,it was ordered that Deputy Curators be chosen to represent the absent heirs of the decujus Anthony Zahra, in the records of the Judicial letter Number 2274/2013, in the names Marc Michael Renè Gauci et vs Deputy Curatorsand in the relative and subsequent acts.
By meansof a Judicial Letter, filed, in the First Hall Civil Court, against Deputy Curators to represent the absent heirs of the decujus Anthony Zahra, born in Marsa, Malta, holderof Maltese Passport number 326595, on the 30th July, 2013, the interpellant Marc Michael Renè Gauci, English Passport Number 304284907, of 129, Richmond Road, London, E8 3NJ, England and Genivieve Solange Crawley, English Passport Number 308402790 and residenti 65 A, Church Hill, Loughton, Essex 1GI0Q P, England, as heirs of the decujus Michael Jacques Gauci (I.D. 675849M) and who died on the 14th May, 2001, refer to the public deed of loan of the 15th December, 2000, in the records of Notary Joseph Brincat, in virtue of which the decujus, granted by title of loan in favour of Anthony Zahra, I.D. 32695M, the sum of Euro 200,326.11.
That in terms of the same contract the parties agreed that the sum granted on loan is to be paid back within ten years and not later than the 15th December, 2010, without interest.
That nothwithstanding the lapse of time given this sum which constitutes certain, and liquid debt has not been paid.
Thusby means of the present, the interpellants are calling the respondents as successors in title of the decujus debtor Anthony Zahra not later than ten daysfrom the service of this letter to come forward for the payment of the sum of Euro 200, 326.11, besides interest from the 15th December 2010, in default of payment within the stipulated time, procedures will be taken against the respondentswith all means according to law to recover the amount due to them by the respondents and without any other prior notice.
This letter is being sent in terms of Article 253(B) and 256(2) of the Laws of Malta and by means of the same the title of the interpellants resulting from the Public deed of the 15 th December 2000, was rendered executive.
So much so that you may know how to regulate yourselves.
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 Tonio Mallia LL.D. Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1358
1358By decree given by the CIVIL COURT, FIRST HALL on the 21st June, 2013, on the application of BANK OF VALLETTA PLC, Thursday, 24th October, 2013, at eleven in the morning (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 tenement, with its own airspace, number twenty eight (28) in Triq Mariano Gerada, Bormla. The said tenement is subject to an annual and perpetual ground rent of forty nine euro cents (€0.49), from the rest it is free and unencumbered, valued at fifty eight thousand euro (€58,000).
The said tenement is the property of GRIOLI RINA I.D. 574182(M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 67/2012.
Bruno Zahra
For the Registrar of Civil Courts and Tribunals
Notice 1359
1359By decree given by the CIVIL COURT, FIRST HALL on 14th June, 2013, on the application of S & D YACHTS LTD, Monday, 9th September, 2013, at eleven in the morning (11.00 a.m.) has been fixed for the SALE BY AUCTION to be held IN A HALL OF THESE LAW COURTS, REPUBLIC STREET, VALLETTA of the following item seized from the property of BASTIMENT JOHNNY M.
Vessel JOHNNY M, official number 903928, IMO number N356174 – T39.61, registered in the port of London and built in 1972 by Cantiere Navale Baglietto.
N. B. The said object will be sold as described in the acts of file number 44/12.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1360
1360By means of a decree given, by the First Hall Civil Court, on the 13th August, 2013, in the recordsof the Urgent Application, in the names Joanne Borg (I.D. 430075M) vs Jesmond Tabone (I.D. 420265M) (JPG) the following publication was ordered for the purpose of service of the respondent, in termsof Article 187(3) et of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Joanne Borg I.D. 430075M vs Jesmond Tabone I.D. 420265M, on the 3rd July. 2013, the applicant Joanne Borg, respectfully pleaded:
That she wasmarried to the respondent Jesmond Tabone, legally separated from him by means of a judgement of the First Hall Civil Court, of the third (3) of October of the year two thousand and three (2003) and which marriage was subsequently annulled and registered in the Public Registry on the fifteenth (15) of June of the year two thousandand seven (2007).
That from this marriage two children were born amongst which omissis, born on the second (2)of November. 1997.
That although on the same birth certificate the minor is registered as omissis, during hislife the same minor was always known in his social life by the maiden surname of his mother added to that of his father and namely omissis.
That it is the wish of the minor’s mother, the applicant ,that the minor shall have his father’s name followed by that of his mother omissis;
That the applicantwishes to do this officiallyin terms of Article 4 (3) of Cap.16 of the Laws of Maltaand this by presenting the form with letter ‘T’ which is found in Section 11 of the First Schedule of Chap 16 of the Laws of Malta.
That the scheme which allows her to do this closes on the twenty third(23) of July, 2013, after which date there shall not be allowed any similar amendments in the surnames of minors.
That since the child is still a minor, the same form requires the signatures of both parents.
That the applicanthas no contactwith the respondent and does not know where he resides.
That notwithstanding the nature of these cicumstances the applicant wishes to be granted permission from this Honourable Court so that the abovementioned from with the letter ‘T’unsigned by the defendent.
Thus in view of the above the applicant humbly asks this Honourable Court:
1.To exemptthe applicant from the obligation of serviceowing to the fact that she is not aware of the information were the respondent resides.
2.Exempt the applicant from the duty to appoint curatorsin the original application, since the scheme referred to closes on the twenty third July, 2013.
3. Authorise the applicant to sign Form ‘T’ which is found in Section 11 of the First Schedule of Chapter 16 of the Laws of Malta without the necessity ofsignature of the respondent.
4. Authorise the applicantto add her surname with to that of the minor so that the minor omissis shall have the surname Tabone Borg;
5. Order the Director Public Registry so that within the time left for this he registers the change in the surname of the minor.
Saving any other provisionthat this Honourable Court may give.
Applicant: Jean Claude, Flat 8,Triq Jean de la Cassiere, St. Paul’s Bay.
Respondent: Unknown Address.
Director Public Registry-Evans Building, Merchants Street, Valletta, VLT 2000.
Adv. Frank Portelli, LLD.
For the Registrar Civil Courts and Tribunals
Notice 1361
1361By a decree given on the 23rd August, 2013, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12).
By decree given by the CIVIL COURT, FIRST HALL on 8thAugust, 2013, on the application of TOURIST SERVICES LIMITED, Wednesday, 4th September, 2013 at ten (10:00 a.m.), has been fixed for the SALE BY AUCTION, to be held at 10, TRIQ L-GĦENEB, ŻEBBUĠ of the following items seized from the property of ARALI ENTERPRISES LIMITED.
Vehicle of the make BMW Silver Cabrio, Italian license number CK 181 AE and DVD, Projector, Computer, Speakers and various other objects.
N.B. The said object will be sold as described in the acts of file no 6/13.
Marvic Farrugia
For the Registrar of Civil Court and Tribunals
Notice 1362
1362NOTICE BY THE REGISTRY
OF THE CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Adrian Jones (ID 533291M) filed an application under oath (No. 168/13 AL) demanding CORRECTIONS the ACT OF BIRTH of the minor Nathan Sammut number 6048/2012 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts and Tribunals