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Court Notices published in Govt. Gazette No. 19,227 of 28th March 2014

Date Icon 01/01/2014

Notice 496

496
NOTICE
Whereas the plaintiff Brenda Orsini (ID 46665M), filed an application under oath (No. 48/14 AL), demanding Correction in the Act of Birth of the minor Riona number 415/1998 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 the Registrar Civil Courts and Tribunals
24 Marzu 2014

Notice 497

497
Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section), on the 18th of March, 2014 number 255/2014 by Maria Taliana and Carmen Bongailas, wherein they prayed to be declared open in their favour in equal shares between them the Succession of their brother Alfred Bongailas (ID 262745M), son of the late Carmelo and Catherine née Caruana, born at Żabbar, resided at Marsaskala, and died at Tal-Qroqq, Imsida, on the 26th of November, 2013 aged 68 years.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition within fifteen days from the posting of the banns and the notices according to law.
Marcel Bugeja
For the Registrar Civil Courts and Tribunals

Bann for Curators

498
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court on the 30th December, 2013following a request of A. M. Developments Limited, it was ordered that deputy curators be chosen to representthe persons whose details are unknown in the records of the Schedule of Deposit and Contextual Redemption of Groundrent in the names A.M. DevelopmentsLimited vs Deputy Curators, and in the relative and subsequents acts.
By means of a Schedule of Deposit and contextual redemption of groundrent filed in the First Hall Civil Court, in the names A.M. Developments Limited, a Commercial partnership registered with registration number C 18510 vs Deputy Curators appointed to representpersons whose details are not known on the 27th December, 2013 the company A.M. Developments Limited, a commercial partnership registered with number C 18510 respectfully pleaded:
That it is the ownerof two thirds undivided (2/3) share of the land together with the ameliorations erected on it in Qrendi, in Triq Sant’ Anna, forming part of the land known as ‘Ta’ Blajjet’, in the same vicinity of the area, of circa four thousand one hundred twenty square metres (4,120 square metres), bordering on the South with Triq Sant’ Anna, and on the North East with property of the family known as ‘Ta’ Buslieka’, and on the other boundaries with property of unknown owners.
That the applicant company acquired an undivided one third share (1/3) by means ofa contract in the records of Notary Doctor Carmelo Mangion, of the twenty seventh November, 2005 and subsequently acquired a further share of one third undivided share (1/3) by means of a contractof the twenty-seventh December, 2005.
That the said portion of land is subject in its totality to the annual and perpetual groundrent of (€0.20) payableto unknownpersons. That out of the said amount, two-thirds which are due amount to (€0.13.33).
That the applicant company wants to redeem its share of the said annual and perpetual groundrent, which rate is in the amount of €0.13.33, and thus avail itself of the faculty given to it by Article 1501 of Cap. 16 of the Laws of Malta, and is depositing the sum of €2.67 representing the price of redemption of the annual and perpetual groundrent above indicated burdening the lands property ofthe applicant company, which sum is to be freely released to the respondents,and this after they leave the due receipt according to law.
With costs.
Applicant: A.M. Developments Limited, Il-Maxtura, Madliena Road, Madliena, Swieqi SWQ 1017.
Respondents:Deputy Curators.
Notify: Director Public Registry, Merchants Street, Valletta (two copies).
Director Land Registrar, Casa Bolino, West Street, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court, and to summon whosoever wishes to act as curator to appear before this Registry within six days, and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Madam Justice Lorraine Schembri Orland LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
24 Marzu 2014

Notice 499

499
By a decree given by the Civil Court First Hall on the 24th January, 2014 on the application of HSBC Bank Malta plc (C 3177), of Tuesday, 8th April, 2014 at half past ten in the morning (10.30 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 properties:
The apartment internally marked number 3, Victoria Apartment, number 88, Capuchin’s Street, San Ġwann, on the second floor, presently valued on the market, free and unencumbered, valued seventy five thousand Euro (€75,000).
The penthouse with overlying airspace, considered by the architect as a duplex unit, Victoria Apartment, number 88, Triq il-Kapuċċini, San Ġwann, free and unencumbered, valued eighty thousand Euro (€80,000).
The property also includes one fourth undivided share of the common parts of the said block.
The said tenements are the property of Zanzara Co. Ltd (C 34881).
N.B. The said tenements will be sold as described in the judicial sale 13/13.
Rudolph Marmarà
For the Registrar Civil and Tribunal Courts
17 Marzu 2014

Notice 500

500
By a decree given by the Civil Court First Hall on the 17th March, 2014 on the application of Borg Mark, of Tuesday, 10th June, 2014 at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta, of the following properties:
The tenements numbered fifty-six (56), fifty-seven (57), and fifty-eight (58), in Triq San Ġwann, Bormla, free and unencumbered, with its rights and appurtenances, valued at eighty three thousand Euro (€83,000); and
A garage numbered seven (7), in Triq it-Tobra, Ħal Lija, who has access in Triq il-Larinġ, Ħ’Attard, valued at fifteen thousand and five hundred Euro (€15,500).
The said tenements are the property of Briffa Alan and B. Kam Holdings Limited (C 24868).
N.B. The said tenements will be sold as described in the acts of the file number 42/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
24 Marzu 2014

Notice 501

501
By a decree given by the Civil Court First Hall on the 24th March, 2014 on the application of Mamo Francis et, of Thursday, 22nd May, 2014 at eleven o’clock 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 of the following property:
The semi detached villa, number forty four (44), named Villa Fusina, and underlying basement garage, in Triq Ġorg Zammit, Attard, free and unencumbered, valued four hundred and fifty thousand Euro (€450,000).
The said tenement is the property of Falzon Pierre (ID 535060M) and Falzon Helen (ID 506761M).
N.B. The said tenement will be sold as described in the acts of the file number 70/12.
Marvic Farrugia
For the Registrar of Civil Court and Tribunals
24 Marzu 2014

Notice 502

502
By a decree given by the Civil Court First Hall on the 12th February, 2014 on the application of Zammit Raymond et, on Dr Carmel Chircop’s request, of Thursday, 29th May, 2014 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 Law Courts, Republic Street, Valletta, of the following properties:
The farmhouse and annexed garages, numbered fifty one (51), fifty-two (52), fifty-three (53), and fifty-four (54), in Żejtun Road, Marsaxlokk, together with the annexed land, valued at seven hundred and forty seven thousand Euro (€747,000).
The half undivided (½) share of the penthouse, marked with the number (6), ‘Ascot Building’, Dawret il-Gżejjer, Buġibba, free and unencumbered, valued at one hundred and five thousand Euro (€105,000.)
The said tenements are the property of Tabone Rosario (ID 408976 M).
N.B. The said tenements will be sold as described in the acts of file number 20/10.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
24 Marzu 2014

Notice 503

503
By a decree given by the Civil Court First Hall on the 12th March, 2014 on the application ofFalzon Mary, of Tuesday, 27th May, 2014 at noon (12.00 p.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:
The tenement number 26, ‘Geomar’, Triq is-Sewwieqa, Ħamrun, free and unencumbered, and with all rights and enjoyments, valued at two hundred and nine thousand six hundred and forty three Euro and sixty one cents (€209,643.61).
The said tenement is the property of Falzon George (ID 434254M) and Falzon Mary (ID 138055M).
N.B. The said tenement will be sold as described in the acts of the file number 21/13.
Marvic Farrugia
For the Registrar Civil Court and Tribunals
24 Marzu 2014

Notice 504

504
By a decree of the Small Claims Tribunal, ofthe 11th July, 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).
Mediterranean Maritime Services Limited (C 54363), of4, Territorials Street, Mrieħel By Pass, Mrieħel, filed a Claim on the 28th May, 2013 whereby they asked the Tribunal to condemn Saih Ali Rhouma Irkhis (ID 74625A), ofB17, Fl l4, Triq Carmen Mallia, San Ġwann, to pay the plaintiff company the sum of €2,700 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 312/13YMS) is deferred for the 3rd April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
25 Marzu 2014

Notice 505

505
By means of a decree given on the 24th March, 2014 by the Civil Court First Hall, in the records of the Sworn Application, in the names Marina San Ġorġ Limited vs Events Travel and Incentives Limited, application number 128/14 MCH,the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall CivilCourt,inthenamesMarinaSanĠorġLimited(C 4852) vs Events Travel and Incentives Limited (C 13049), on the 11th February, 2014 the applicant company Marina San Ġorġ Limited, registration number C 4852, asked the defendant company to state why this Court should not:
(1) Proceed to give judgement according to the demand of the plaintiff company without proceeding to a hearing in terms of Article 167 to 170 of the Code of Organisation and Civil Procedure.
(2) Condemn the defendant company to pay the plaintiff company the sum of one hundred and nine thousand and one hundred fifty Euro and twenty five cents (€109,150.25), due in connection with services renderedto the defendant company following its instructions for the reasons premised.
With costs and legal interests against the defendant company summoned so that a reference to its evidence be made.
Applicant: 22, Europa Centre, John Lopez Street, Floriana.
Services: 206, Tower Road, Sliema.
The Sworn Application in the names Marina San Ġorġ Limited vs Events Travel and Incentives Limited, application number 128/14 MCH, has been deferred for hearing to the 2nd April, 2014 at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
25 Marzu 2014

Notice 506

506
By a decree of the Small Claims Tribunal, ofthe 29th November, 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).
Eugenio Ciappara (ID 741558M),of94, Triq Dun Ġwann Cilia, Qormi,filed a Claim on the11th July, 2013 whereby he asked the Tribunal to condemn Charles Farrugia (ID 437556M), of 148, Tavistock, Triq l-Imdina, Qormi,to pay the plaintiff the sum of€2,925 which amount is due to the plaintiff.
With costs and interests.
The case (Claim Number 411/13GB) is deferred for the 4th April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
25 Marzu 2014

Notice 507

507
By means of a decree given on the 12th March, 2014 by the Civil Court First Hall, in the records of the Sworn Application, in the names Peter Paul Cachia vs Anthony Stivala, application number 170/14 MCH,the followng publicaton wasordered for the purpose of service ofthe respondent in terms of Article 187 (3) et seq. of Cap. 12.
By means of an Application for the Revocation of a Warrant of Anthony Stivala filed in the First Hall Civil Court, in the Records of the Precautionary Garnishee Order number 286/14, Peter Paul Cachia vs Anthony Stivala, on the 24th February, 2014 the applicant Anthony Stivala respectfully pleaded:
That the interpellant Anthony Stivala as mandatary of the foreign company Tishton Alcosteel Recycling Co Ltd, filed a Sworn Application number 112/14 MCH and a Garnishee Order against the respondent Peter Paul Cachia for damages.
That after this happened, the respondent Cachia presented a Garnishee Order against the foreign company, the directors personally, and as well against the mandatary Anthony Stivala personally.
That in virtue of the decree of the 29th January, 2014 Judge Anthony Ellul upheld the demandfor the issuing of the same warrant limitedly as regards the foreign directors.
That by means of a note of the 11th February, 2014 the respondent asked for the issuing of the same Warrant against Anthony Stivala, but Judge Anthony Ellul,once again in virtue of a decree of the 17th February, 2014 rejected the same in regards to Anthony Stivala personally, and also as regards the foreign company Tishton Alcosteel
That in virtue of warrant number 286/14, the respondent Cachia filed again a Garnishee Order this time only against Anthony Stivala personally for the same amount and the same reasons.
That the Warrant number 286/14 is abusive and illegal for the following reasons, and in terms of Art. 836 Cap. 12 (d) and (f) should be revoked.
(1) That in the first place it is res judicata, and it could never be proposed when it had been rejected twice.
(2) That the applicant Stivala is appearing in the procedures before this Honourable Court as mandatary of the foreign company, and not personally thus it is abusive and illegal that procedures against him personally are instituted.
(3) That the issuing of this warrantis malicious, and could never have been issued against the mandatary personally.
That thus the same Warrant should be revoked, and furthermore pointed out that there exist all the elements required by law so that the respondent Cachia be condemned to pay a penalty and damages to the applicant Stivala in terms of Article 836 (8) (d) and(f) and 836 (9) of Cap. 12 of the Laws of Malta.
Thus, the applicant prays with respect so that this Honourable Court for the reasons premised revokes contrario imperio the Warrant number 286/14 in the names premised, and condemns the respondent Cachia to pay those penalties that this Honourable Court deems opportune, in terms of Art. 836 (8) (d) of Cap. 12 and condemn the respondent Cachia to pay the applicant Stivala damages in terms of Article 836 (9) of Cap. 12.
Notify: Peter Paul Cachia ID 416575(M)
The Sworn Application in the names Peter Paul Cachia vs Anthony Stivala, applicationnumber 170/14 MCH, has been deferred for the 2nd April, 2014 at 9.30 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
25 Marzu 2014