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Court Notices published in Govt. Gazette No. 19,238 of 16th April 2014
01/01/2014
Bann for Curators
607Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 19th July 2010, following a request of Saviour and Charlon Gatt, it was ordered that Deputy Curators be chosen to represent the unknown direct and subdirect owners in the records of the Schedule of Deposit and redemption of groundrent and subgroundrent, in the names Saviour and Charlon Gatt vs Deputy Curators and in the relative and subsequent acts.
By means of a Schedule of Deposit and Redemption of Groundrent, filed, in the First Hall Civil Court, in the names Saviour Gatt, pensioner, son of the late Carmelo and Paola née Spiteri, born in Ħal Qormi and residing 286, Tessal House, Triq Santa Katerina, Qorti (Identity card number 900145M) and Charlon Gatt, Information Technlogy employee, son of the said Saviour Gatt and the deceased Tessie née Grech, born in Pietà and residing 35, Triq ir-Ragħaj, Qormi, identity card number 455673M vs Deputy Curators to representthe unknown direct and sub-direct owners of the properties on whichthere is imposed the said annual and perpetual groundrent, hereunder described in Ħal Qormi, on the 6th July 2010, the interpellants Saviour and Charlon Gatt respectfully pleaded;
That the interpellants are the owners of the tenement having official number two hundred eighty six (286) bearing the name ‘Tessal House’ in Triq Santa Katerina previously Ħandaq Road, Ħal Qormi, as subject to the rate of annual and perpetual groundrent of (€ 41.93). The said tenement is the ordinary residence of the of the interpellant Saviour Gatt.
That the tenenment was acquired by the said Saviour Gatt and his wife the predeceasedTessie Gatt née Grech, by means of a deed of sale in the records of Notary Dr. Joseph Agius of the thirteenth (13) of April of the year 1970.
That the interpellants wish to avail themselves of the faculty given to them under Article 1501 of the Civil Code Chapter 16 of the Laws of Malta and are thus depositing the sum of (€838.60) representing the redemptionof this groundrent and subgroundrent of (€41.93) capitalised at 5% in order to be freely withdrawn by the respondents after the due receipt according to law is left.
Applicant: 286, Tessal House, Triq Santa Katerina, Ħal Qormi.
Services: Respondents (1) Deputy Curators.
(2) Director Public Registry, 116, ‘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. Mr. Justice Albert J. Magri LLD, Doctorof Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 608
608By a decree of the Small Claims Tribunal of 12th February 2014, 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) ofTriq Fra Diego, Marsa, MRS 1501,filed a Claim on the 22nd November, 2013 whereby they asked the Tribunal to condemn Edmond Schembri (ID 386753M) ofFlat 2, Block 10, Hubbard Flats, Triq Alessandra, Bormla, to pay the plaintiff company the sum of €1,688.20 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 756/13DMA) is put off on the 23rd April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 609
609By a decree of the Small Claims Tribunal of 14th Marzu 2014, 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).
Albert Falzon Sant Manduca (ID 417542M) for and on behalf of the company Albert F.S. Manduca Limited (C247) of229/230, St Paul Street, Valletta VLT 09, filed a Claim on the 3rd May 2013 whereby they asked the Tribunal to condemn Jesmond Tonna (ID 354974M)under the commercial name of ‘Price Line Self Service’ of 8 Villa Athenaeum, Triq il-Qanneb, San Ġwann to pay the plaintiff nomine the sum of €1,127.70 which amount is due to the plaintiff nomine.
With costs and legal interests.
The case (Claim Number 274/13GB) is put off on the 25th April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 610
610By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 9th of April, 2014 in judicial sale number 15/2014 in re. Dr Carmelo Galea noe vs Gillian Earl, Monday, 16th June, 2014 at 10.00 a.m. has been scheduled for the sale by auction, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following properties:
Flat internally marked number 7 forming part of the block of flats without number known as ‘Patrick Court’, Block A, Triq il-Kappillan Franġisk Mizzi, formerly Triq Ġdida in Triq Simirat, Għajnsielem, Gozo, toghether with garage internally marked 2 in basement level, underlying and forming part of the same block, the whole forming part of ‘Patrick Court’ Block A and Block B, built on a plot of land of 370 sq.m., and bounded on the north with the street, south with property of Patrick Mercieca and on other sides with property of the Gozo Diocese, valued at €180,000.
This property pertain to one half (1/2) to Veronica Flores Castro Thompson and the other one half (1/2) to Gillian Earl, and this as better described in the judgment of the 25th of October 2013 in lawsuit number 19/2013 in re “Dr Carmelo Galea noe versus Gillian Earl”, decided by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section.The said property will be sold as described in the report made by AIC Alex Bigeni on the 13th of March, 2013.
Daniel Sacco
For the Registrar Gozo Courts And Tribunals
Bann for Curators
611Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 6th May, 2009, followinga request of Verdala Mansions previously Sunny Homes Limited, it was ordered that deputy curators be chosen to represent the absent Sergey Grinchaykov and Tatyana Grichenkova, in the records of the Sworn Application number 890/08 AL, in the names Verdala Mansions previously Sunny Homes Limited vs Deputy Curators and in the relative and subsequent acts.
By means of a SwornApplication, filed, in the First Hall Civil Court, in the names Verdala Mansions Limited, previously Sunny Homes Limited (C 7793) vs Sergey Grichenkov, holder of Russian Passport with number 41 N0584630 and his wife Tatyana Grichenkova, holder of Russian Passport with number 41 NI359917 and as deputy curators to represent the absent, on the 9th October 2008, the applicant company asked this Honourable Court;
1. To order the defendants to pay in favour of the plaintiff company the sum of (€465.87) representing instalments which lapsed in 2005, 2006, 2007 and 2008, in connection with the premises consisting in an apartment internally marked with number six (6) in the second floor of the block of apartments named ‘Block B’ forming part of a complex with the name’ Falcon House’in Triq il-Kbira, Sliema, and uphold the other demands in the application.
Saving any other right, action or remedy at law.
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 Joseph Azzopardi, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 612
612By means of a decree given on the 13th March, 2014, in the records of the judicial letter number 1757/12, in the names HSBC Bank Malta plc vsNyari Zsolt, the Courts of Magistrates (Malta) 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 Nyari Zsolt (ID 66270A) of Fragola Court, Apt 6, St Paul’s Street, Mġarr, Malta, on the 11th July 2012, HSBC Bank Malta p.l.c. (C3177) of 32, Merchants Street, Valletta:
1. Brings to your formal notice the fact that you are in delay of payment on the loan given to you inthe acts of Notary Dottor Joseph Smit La Rosa, dated 6th September, 2011, in the amount of €4,664.58.This sum of arrears has to be added with €932.81 a month after that date;
2. Calls upon you so that within two days you pay the sum of €137.99 on the account holding number 006-192355-050, which sum is Encroachment on the Saving Account, that was duly given to you, from the interpellant bank and accepted by you besides the further interest on the capital sum, till the date of effective payment, which sum, although duly solicited you didn’t pay;
3. Calls upon you so that within two days you pay the sum of €287.24,with administrative costs and with further interest per year on the capital sum from the 28th December 2010 till the date of effective payment, and this as refund of the money given to you by means of the VISA Card facility with number 4035 7100 35777734.
This judicial letter serves to interupt prescription, and so it is required by law in terms of Article 2128 of the Code of Civil Procedure (Cap. 16 of the Laws of Malta).
So much so that you may know how to regulate yourself.
With Costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 613
613By means of a decree given on the 27th January, 2014, in the records of the judicial letter number 3655/13, in the names Chief Government Medical Officer vs Tarek Ben Ali, the Courts of Magistrates (Malta) 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 Tarek Ben Ali (ID 935031F) ofMifstiv, Court 2, Triq l-Iskola, Msida ,on the 26th November, 2013, Chief Government Medical Officer of15, Triq il-Merkanti, Valletta, that by means of a sworn declaration in terms of Article 466 of the Code of Civil Organisation and Procedure (Cap. 12), calls upon you so thatyou pay the sum of€9,240.79 due by you for the cure and services given to you in Mater Dei Hospital between the 28th September, 2013 and the 8th October, 2013.
This judiical act is being sent under Article 466 of Cap. 12 of the Laws of Malta.In default of an answer within twenty days from the date that this letter is notified to you this judicial act will be come executable.
If you fail to pay the amount due in the time given to you the relative warrants will be issued against you without further notice.
So much so that you may know how to regulate yourself.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 614
614By a decree of the Administrative Review Tribunal of the 3rd February, 2014, 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 number 131/13CG filed on the 25th July 2013 in the names Agnes Bartolo (ID 167652M) and Joseph Mifsud (ID 822052M) vs The Commissioner ofPolice and Jesmond Farrugia and Anthony Arpa for any interest they may have, where Agnes Bartolo et premised that:
The applicants are third part appellants in an application filed by Jesmond Farrugia and Anthony Arpa where Farrugia and Arpa requested the Commissioner of Police a permit or a licence for:
‘a club in 102 Triq Rue D’Argens, Msida’.
Jesmond Farrugia and Anthony Arpa requested this permit in January 2013;
By means of a decision, or comunication of the 27th June, 2013, which decision was recieved on the 10th July 2013 the Commissioner of Police or his representative accepted the request of the applicants for a Club under the following conditions:
“1. That no disco music will be played;
2. That no opera music, of whatever genre, is played, with a volume which is audible from outside the club, with no means and at no time;
3. That the club does not create any inconvenience to the neighbours (bad neighbourhood);
4. That in the club, no bar can be operated nor any other type of operation which falls under Class 6 according to clause 3 of the MEPA Permit in PA 1685/12;
5. The licence will not be renewed and will even be terminated immediately if there are frequent reports that the club would have breached these conditions, in so far as frequency is concerned the Board has opted to leave it in the hands of the Police to the determine how many reports are to be filed for the aforementioned conditions to apply.”
The appellants felt aggrieved with this decision and have filed this appeal before the Police Licenses Appeals Tribunal, in which appeal there was a sitting on the 13th June, 2013 where the case was heard and was thereafter postponed for judgment.
During this sitting there was also the President of the Police Licenses Appeals Tribunal and also the surveyors and the secretary of the Board.The third party appellants where heard and even the applicants Arpa and Farrugia.
They have also carried out a site visit in the premises of Arpa and also in the premises of Agnes Bartolo and Joseph Mifsud;
That on the 10th July, 2013 the third party appellants Agnes Bartolo and Joseph Mifsud were notified with the judgement/lodo of the Police Licenses Appeals Tribunal.
That the applicants appellants are submitting this procedures since they feel that the decision is abusive and without any basis, both factual and legal, and if one goes through the iter of the process one would find that:
The judgement dated 27th June, 2013 does not give any reason why it recommended that the registration of the club shoudl be given, when overlying the club there are two residential houses, it is a major road of traffic, and where there are no policies (guidelines) which are applicable with the Police as to how and why a permit for a club is given, since here we are dealing with a road of traffic, residential zone, a place where there are no health and safety features and where parking is impossible;
Reference is made to the fact that there was a serious abuse of breach of the rule of law, when during the site visit of the 13 June, 2013, the Board heard the third party appellants alone and then proceeded to hear the applicants on their own, where therefore, the third party appellants could not defend themselves on the submissions made by the applicants Farrugia and Arpa, and this to the disadvantage of the third party appellants that certainly had all the rights at law to reply to the submissions of the same applicants.
That, even if one were to simply concede (but not accept), and for the sake of the argument, even if this Tribunal feels that the Police Licenses Appeals Tribunal, had an obligation to give and mention those submissions made by the applicants, as if this is not the case, how can the third party appellants file an appeal and justify, or otherwise, the legal reasons why the Police Licenses Appeals Tribunal was wrong in its decision;
There is certainly no doubt that this behavious is in breach of the rule of law and the judgment is devoid of all reasons why this permit was granted.
With all due respect, the applicant feels that in a democractic society, this behaviour in unacceptable and goes against and breaches in the most evident of ways the fundamental rights of the applicants as citizens, which are being given an refused on something that till today they are not aware as to the reason why this Police Licenses Appeals Tribunal gave the permit for the club to Arpa and Farrugia – in what way and the iter of why such permit was given;
Therefore, the applicant Agnes Bartolo and Joseph Mifsud, respectfully request this Honourable Court to:
1. Declare that the refusal granted to the appellants was not justified and had no legal basis, since there is no iter in the judgment and also since the procedure was not transparent as to how and why did the Police Licenses Appeals Tribunal arrive at its decision;
2. Orders that the judgment of the Police Licenses Appeals Tribunal of the 27th June 2013, a copy o which is being attached as Document A, is declared null and invalid, such that the procedures are heard afresh by the same Police Licenses Appeals Tribunal.
With due reservation of all expenses and damages and the respondent is hereby being summoned so that a reference to its evidence be made.
Service:Jesmond Farrugia and Anthony Arpa – 102, Rue d’Argens, Msida.
Administrative Review Tribunal
Magistrate
Dr Gabriella Vella LLD
Application Number 131/13VG
Agnes Bartolo et
Vs
Commissioner of Police et
The Tribunal,
Viewed the application;
Orders notification of this application to the respondent who has to submit a reply or a note within twenty days, which reply or note is to be notified to the applicants.
Dr Gabriella Vella
Magistrate
The application is postponed for hearing to the 7th May, 2014 at 9.00 a.m. in front of Magistrate Charmaine Galea.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals