Mur Lura
Court Notices published in Govt. Gazette No. 19,228 of 1st April 2014
01/01/2014
Notice 508
508Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section), on the 21stof March, 2014 number 271/2014 by Noel and Joseph, brothers Bonett, wherein they prayed to be declared open in their favour in equal shares between them the Succession of their father Edward Bonett (ID 732136M), son of the late Joseph and Annetta née Cassar, born in and resided at Floriana, and died at Tal-Qroqq, Imsida, on the 10th of November, 2013 aged 77 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
Notice 509
509By means of a decree given by the First Hall Civil Court, on the 4th March, 2014in the records of the Sworn Application, in the names Buhagiar Jacquelinevs Barun Twanny,application number 737/09 AE, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) of Cap. 12.
By means of a Notice ofhearing of a cause which was set down again for hearing issued by the Registry Superior Courts, on Wednesday, 4th December, 2013 the Sworn Application in the names Buhagiar Jacqueline vs Barun Twanny, application number 737/09 AE, which was cancelledwas set down again for hearing on Monday, 13th January, 2014 at 9.00 a.m. and deferred to the 4th March, 2014 at 9.15 a.m. and now deferred to the 9th April, 2014 at 9.00 a.m.
Notify: Barun Twanny, ‘Jonero’, Flat 2, Triq it-Tamal, San Pawl il-Baħar.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 510
510By means of a decree given by the First Hall Civil Court on the 13th March, 2014 in the records of the judicial letter in the names Bank of Valletta plc (C 2833) vs Radoslav Stanchev Fournadjiev (ID 21055A), the following publication was ordered for the purpose of service of the respondent Radoslav Stanchev Fournadijiev in terms of Article 187 (3) et. seq. of Cap. 12.
In the First Hall Civil Court
To: Radoslav Stanchev Fournadjiev (ID 21055A).
By the present, the company Bank of Valletta plc calls upon you so that within two days you pay the sum of ninety three thousand and ninety seven Euro and thirty four cents (€93,097.34), balance of debt in your Loan Account with the Bank of Valletta plc together with further interests from the 3rd July, 2013 till the date of effective payment.
The interpellant company warns you that if you fail, they shall be constrained to proceed against you according to law.
Interpellant company: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta.
Respondent: Radoslav Stanchev Fournadjiev, St. Martin’s Court B, Flat 5, Triq tal-Kubrit, Gżira.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 511
511By a decree of the Court of Magistrates (Malta), of the 5th March, 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).
P.J. Sutters (Marketing) Limited (C 35984)of Valletta Road, Luqa,filed a Claim on the 27th September, 2013 whereby they asked the Court to condemn Giuseppe’s Group Limited (C 54459), of Madliena Cottage, Triq il-Bir, Madliena, Swieqi, and Kenneth Vella (ID 404877M),of51, St Christopher Street, Sliema,to pay the plaintiff company the sum of €9,305.09 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 295/13CSH) is deferred for the 9th April, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 512
512It is hereby notified that by a decree dated the 19th February, 2014 the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure, and this with regard to respondents Paul and Monica, spouses Saguna, of Tal-Vitorja, Flat 11B, Triq ta’ Karkar, Xagħra, Gozo.
Carmel Portelli of Golden Eagle, Soil Street, Xewkija, Gozo, (identity card number 36460G) filed a judicial letter bearing number 604/2013, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 18th November, 2013 against Paul and Monica, spouses Saguna, of Tal-Vitorja, Flat 11B, Triq ta’ Karkar, Xagħra, Gozo, wherein he called upon them to within five days from service thereof pay him the amount of €13,933 being balance out of a larger amount which is still due by them for construction and finishing works carried out by the sender in their joint or several property in Xagħra, Gozo, and which works were carried out upon their own instructions. In default, sender will proceed judicially.
Anthony Mizzi
For the Registrar Gozo Courts and Tribunals
Notice 513
513By a decree of the Court of Magistrates (Malta), of the 5th March, 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).
Bartoli Brothers Limited (C 16827)of 11/12, M Borg Gauci Street, Tal-Ħandaq, Qormi, filed a Claim on the 31st October, 2013 whereby they asked the Court to condemn Mark Pace (ID 547677M),of106, Triq Xintill, Tarxien,to pay the plaintiff company the sum of €5,203.77 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 344/13CSH) is deferred for the 9th April, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Bann for Curators
514Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 12th February, 2014following a request of Earli Limited, itwas ordered that Deputy Curators be chosen to representthe interestsof the domini diretti, inthe records of the Schedule of Deposit and Contextual Redemption of Groundrent in the names Earli Limited vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of redemption of groundrent, filed in the First Hall Civil Court, in the names Advocate Kevin Deguara (ID 97877M), son of Joseph and Isabella Maria née Sciberras, born in Attard and residing at San Ġwann, and his wife, Advocate Daniela Maria Deguara (ID 366079M), daughter of Charles Stivala and Antonia née Agius, born in Attard and residing at San Ġwann vs David Pullicino (ID 373443M), Bank Official, son of the late Philip and the late Laura née Cavarra, born in Imtarfa, limits of Rabat and residing at Baħar iċ-Ċagħaq,Doctor Mark Pullicino (ID 300146M), Lecturer, son of the late Philip and the late Laura née Cavarra, born in Imdina and residing at Baħar iċ-Ċagħaq,Michael Pullicino (ID 319103L), Lecturer, son of the late Philip and the late Laura née Cavarra, born in Entebee, Uganda, and residing at St. Julians,Dottor Patrick Pullicino (ID 831849M), son of the late Philip and the deceased Laura Cavarra, born in Sliema and residing at Kent, England vs Deputy Curators to representunknown owners on the 27th January, 2014 the interpellants premised:
That they are the owners of the premises previously known with the name ‘Kejla’, with the official number one hundred twenty two (122), in Triq Antonio Schembri, Kappara, San Ġwann, as described in the deed of acquistion of Notary Doctor Francesca Borg, of the 10th March, 2010.
That as results from the above mentioned public deed, the property de quo is subject to the annual and perpetual sub groundrent of (€47.49).
By means of the present Schedule of Deposit, the interpellants are calling upon this Honourable Court and under its Authority depositing the sum of (€237.45) due as groundrent and annual and perpetual sub groundrent for the period between October of the year 2009 and October of the year 2014.
That it is not known and thus it cannot be establishednor from the deed of acquisitionabove mentioned, and nor from the root of title or relative searches,which part of the amount of (€47.49) is due as groundrent, and nor which part of the amount is due as sub groundrent.
That the interpellants wish to avail themselves of the faculty granted to them by Article 1501 of the Civil Code(Cap. 16 of the Laws of Malta), and redeemthe groundrent and annual perpetual groundrent and subgroundrent here indicated.
That the global amount of (€47.49) capitalised at the rate of 5% amounts to (€ 949.80).
That for the purposes of Cap. 364 of the Laws of Malta, the interpellants are declaring that the property de quo is their ordinary residence.
Thus, the interpellants are calling uponthis Honourable Court, and under its Authority passing on to deposit the sum of (€237.45) due as groundrent or annual perpetual sub groundrent for the period between October 2009 and October 2014, in order to be freely passed on to the respondents David Pullicino, Doctor Mark Pullicino, Michael Pullicino, and Doctor Patrick Pullicino,and the sum of (€949.80) price of redemption of annual and perpetual groundrent which was not revisable on the property de quo, part ofwhich sum is to be freely passed on to the respondents David Pullicino, Doctor Mark Pullicino, Michael Pullicino and Doctor Patrick Pullicino, whilst another part of the sum is to be passed to the other respondents against the release of the due receipt according to law.
Services: Interpellant: 122, Triq A. Schembri, Kappara, San Ġwann.
Respondents: David Pullicino, Villa Pullicino, Triq il-Porzjunkola, Naxxar.
Director Public Registry, 116, Casa Bolino, West Street, Valletta.
Director Land Registrar, 116, Casa Bolino, West Street, Valletta.
Deputy Curators, Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court, and to summon whosoever wishes to act as curator to appear before this Registry within six days, and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you 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 Joseph Zammit Mckeon LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 515
515It is hereby notified that by a decree dated the 17th March, 2014 the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of Articles 187 (3) and 931 (3) of the Code of Organisation and Civil Procedure.
Whereas by a decree dated the 17th March, 2014 by this Court upon an application of Advocate Doctor Damian Bigeni, on behalf of Angelo Cremona and of Michael Cremona, (identity card number 19074G and 2367G respectively), whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned groundrent, and this in the records of schedule of deposit and concurrent redemption of ground rent bearing number 38/2014 in the names Advocate Doctor Damian Bigeni nomine versus deputy curators to represent the unknown persons who are entitled to receive the herein mentioned groundrent, filed on the 10th March, 2014 in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, as well as in all the other related and subsequent acts.
This schedule of deposit relates to the redemption of groundrent imposed on:
(i) a portion of land known as Tax-Xifer, sive Taċ-Ċullu, in the limits of Żebbuġ, Gozo, measuring circa 324 square metres, bounded on the West by property of the heirs of Franġisk Azzopardi, South by property of Annetta Sultana, and East by property of Michelina Gafà, or other more correct boundaries.
(ii) a portion of land known as Tax-Xifer, sive Taċ-Ċullu, in the limits of Żebbuġ, Gozo, measuring circa 324 square metres, bounded on the South by property of the heirs of Franġisk Azzopardi, West by property of the heirs of John Cremona, and East by property of Annetta Sultana, or more correct boundaries, subject together with the land described in paragraph (i) above to the annual and perpetual groundrent of €0.29c.
(iii) a portion of land known as Taċ-Ċullu, at other times known as Ta’ Għajn Maddew, in the limits of Xagħra, but in actual fact in the limits of Żebbuġ, Gozo, measuring circa 324 square metres, bounded on the South by property of Ċikku Attard, West by property of Angelo Galea, and East by property of the heirs of Salvatore Azzopardi, or more correct boundaries, subject to the annual and perpetual ground rent of €0.09c.
These lands are shown on two site plans annexed to the schedule of deposit.
Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a declaratory note to accept such an assignment, and in default, this Court will proceed to nominate an official curator.
Issued by the afore mentioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section, under the signature of Dr Paul Coppini, a Magistrate of the said Court.
Anthony Mizzi
For the Registrar Gozo Courts and Tribunals
Bann for Curators
516Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 13th March, 2014 following a request of Joseph Bonello et, it was ordered that deputy curators be chosen to represent the unknown owners in the records of the Schedule of Deposit and contextual redemption of groundrent, in the names Joseph Bonello et vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption of Groundrent filed in the FirstHall Civil Court, in the names Joseph, Company Secretary (ID 491553M), Phyllis, wife of Paul Muscat (ID 348959M), Carmel, Teacher (ID 487060M), Miriam, wife of Silvio Farruiga (ID 81163M), Victor, Consultant Engineer (ID 526364M), siblings Bonello, children of the late Gerald Bonello and Mikelina née Vassallo, born and residing in Siġġiewi, except Phyllis and Carmel who reside in Mellieħa, and Victor in Madliena, limits of Swieqi,and Pauline, wife of Joseph Bonnici (ID 720947M), Nicolina, widow of Mario Abela (ID 1007049M), Joseph, Enrolled Nurse (ID 191051M), Carmel, Enrolled Nurse, (ID 669452M), Maria Carmela, wife of Emanuel Saliba (ID 720655M), Monica, wife of Anthony Martin (ID 622759M), Rita, widow of Godwin Buhagiar (ID 114965M), Philip, Barman (ID 861353M), and Edmond, Technician (ID 476268M), siblings Bonello, children of the late Paul Bonello and Angela née Schembri, born and residing in Siġġiewi, except Philip who resides in Saint Paul’s Bay, and Maria Carmela Saliba who resides in Żurrieq vs DeputyCurators to represent the unknown owners appointed by decree of this Honourable Court, on the 1st November, 2013 the interpellants respectfully pleaded:
That they are the co-owners of divided but contiguous shares of the land in the limits of Siġġiewi, in the vicinity of ‘Ta’ Wied Xkora’, or ‘Tal-Ħandaq’, and also called‘Ix-Xara l-Imdawra tal-Imbraġġ’,which shares together form a stretch of land of the superficial area of circa thirteen tumoli and keltejn (Tom 13.0.2), equivalent to circa fourteen thousand six hundred forty nine decimal point forty seven square metres (14,649.47 square metres), bordering on the East with land belonging to Filippo Psaila, on the South with land belonging to Gaetano Pace, in part with a Public Street ‘Tal-Ħandaq’, and in part with land of Calcedonio Farrugia, and on the North with Triq tal-Ibraġġ or more correct boundaries, with all its rights and appurtenances,subject the whole land to the annual and perpetual groundrent of (43c7m), equivalent to (€1.02) rate of a larger groundrent as better described in the records of the partition of Notary Philip Said, of the 1st December, 2003.
That the interpellants inherited this land respectively from their father Gerald and Paul Bonello, who on their part inherited from their father the deceased Giuseppe Bonello, Farmer, son of the late Paolo Bonello and Caterina née Cutajar,who was born and resided in Siġġiewi.
That from searches carried out by the interpellants, it resulted that Giuseppe Bonello had acquired the land mentioned by deed of Notary Nicola Said, of the 15th October, 1945 from Felicissima, widow of Alexander Micallef, daughter of the late Andrea Psaila and Giuseppa née Cassar, born in Luqa and residing in Rabat, on her part Felicissima acquired the land in question by a deed of partition ofthe 9th December, 1929 in the records of Notary Francesco Catania, which land was subject to the annual and perpetual groundrent of (43c7m) today equivalent to (€1.02).
That the records of the land above mentioneddo not specify who are the owners of the directum dominiumto whom the groundrent is to be paid, and from searches carried out by the interpellants it does not result whether the groundrent was ever collected, or to whom it was paid.
That the interpellants wish to regularise their position by availing themselves of the right given in virtue of Article 1501 of theCivil Code. That the sum of (43c7m) today equivalent to (€1.02) capitalised at the rate of 5% yearly as providedin the same contract and subarticle 2 of Article 1501 of the Civil Code amounts to twenty Euro and forty cents (€20.40) which is to be withdrawnby the curators in their capacity premised, appointed to represent the unknown owners after the due receipt according to law is left.
Notify:(1) Deputy Curators, Courts of Justice, Valletta.
(2) Director Public Registry, West Street, Valletta (2 copies).
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 Joseph R. Micallef LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 517
517By means of a decree given by the Court of Appeal on the 20th February, 2014 in the records of the Application number 575/86 LFS, in the names Maurice Portelli noe vs Mary Abela et, the following publication was ordered for the purpose of service ofthe respondents Mario Calleja in terms of Article 187(3) et seq. of Cap. 12.
That by means of an Application filed in the Court of Appeal, Writ of Summons Number 575/86 LFS, Maurice Portelli on behalf and in representation of the companyPorts Limited, and by a decree of the 29th September, 2010 the records were transferred on to the name of Capital M Limited (C 44164) vs Mary Abela and by a decree of the 10th March, 1995 Dr Frank Saviour Vassallo was appointed curator of the vacant inheritance of Mary Abela, and by note of the 21st February, 2002 the records were transferred onto to the name of Anthony, Frank, and Joseph Abela, and this limitedly to their share of 4/15 undivided part of the inheritance of Mary Abela, and by note of the 21st February, 2002 the records were transferred on to the name of Carmelo and Joseph Abela, Frank Buttigieg, and Marlene Thompson and Joyce Connor, Inez Sultana, Joseph Sultana, and Carmen Vergenst, and this limitedly to their share as heirs of Mary Abela, and by note of the 25th February, 2002 the records were transferred on to the name of Joseph, Doris, Reginald and Mario, all siblings Calleja, and this in their share which globally amountsto 1/15, and by a decree of the 11th June, 2002 Dr Chris Cilia andP.L. LilianaBuhagiar were appointed Curators ad litemdue to the death of the defendant Mary Abela, and by a decree of the 17th October, 2007 Ruggier Holdings Limited following the purchase from Reginald Calleja, Joseph Calleja, and Maria Dolores Cassar, and Julian Abela, Carlo Abela, Marvin Abela, Philippa, Frank Abela, and Joseph Abela,assumed the records of the case only in so far of the share it acquired or rather 4/15 according to a note of the 28th January, 2010 Decided 8/2/2012. The appellant company Capital M. Limited respectfully pleaded:
That the interpellant company appealled the judgementof the First Hall Civil Court decided on the 8th February, 2012.
That due to a lapsus kalami in the heading of the appeal application of the appellant company, the name of respondent company ‘Ruggier Holdings Company Limited’ was erroneously indicated as ‘Ruggier Holdings Limited’.
That in the heading of the judgement appealed of the 8th February, 2012 the name of the respondent company is correctly indicated as ‘Ruggier Holdings Company Limited’.
Thus in terms of Article of Cap. 12 of the Laws of Malta, the appellant company respectfully prays that this Honourable Court of Appeal authorise the correction the name of the said respondent company as indicated in the heading of the Appeal application, and this in the sense that after the words ‘Ruggier Holdings’, there be added the word ‘Company’, so that the name of the respondent company be corrected as ‘Ruggier Holdings Company Limited’, and this under those provisions that this Honourable Court deems fit to impose.
Notify: Mario Calleja, Steeple View Mansions, Block B,Flat 4, Triq Mrabat, Sliema.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 518
518By a decree given by the Civil Court First Hall on the 12th March, 2014 on the application ofBrettfeld Milos et, ofTuesday,27thMay, 2014,at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held onthe first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The elevated groundfloor numbered one hundred and three (103), named ‘Raymohan Nivas’, in Triq il-Għajn, Swieqi, limits of Saint Julians, which property overlies two garages, and underlying a maisonette property of a third party.This property is free and unencumbered.
The value of this property is of one hundred and ninety thousand Euro (€ 190,000).
The maisonette, semi detached, named ‘Shivam’, in Triq ir-Russett, Kappara, limits of San Ġwann. The property is overlying two garages at street level, and a maisonette property of third party. One of the garages underlying is included with the property.This property has an annual and perpetual groundrent of twenty five Maltese Liri (Lm25), equivalent to fifty eight Euro and twenty five Euro cents (€58.25).
The value of this property is of three hundred and seventy five thousand Euro (€375,000).
The apartment numbered one (1), cornered, forming part of the block named ‘Graceland Court’, in Locker Street, corner with Thornton Street, Qui-si-sana, Sliema. The tenement forms part of the mentioned block which consists of six apartments, penthouse, office and two garages. This property is subject to an annual and temporary groundrent of fifty Maltese Liri (Lm50), equivalent to one hundred and sixteen Euro and fifty euro cents (€116.50).
This temporary groundrent expires in the year 2085.
The value of this property is of two hundred thousand Euro (€200,000).
The said tenements are the property of Bharwani Mohan.
N.B. The said tenements will be sold as described in the Acts of the File number 54/13.
Rudolph MarmarÀ
For the Registrar Civil Courts and Tribunals
Notice 519
519By means of a decree given by the Court of Appeal, on the 3rd March, 2014 in the records of the Sworn Application, in the names Louise Sammut Alessi et vs Luciano Tabone, Application number 109/11 GG, the following publication was ordered for the purpose of service of the respondent Luciano Tabone in terms of Article 187 (3) et. seq. of Cap. 12.
Whereas the written procedures in the cause before the Court of Appeal, between Louise Sammut Alessi, Carmelina, widow of Paul Genovese, Emily, sive Mima, widow of ArchitectJoseph Genovese, and Godwin Genovese vs Luciano Tabone, have been closed, the Court fixed the hearing of this cause on Monday, twenty fourth (24th) of February, 2014 at 9.00 a.m, and deferred to the 6th October, 2014 at 9.00 a.m.
Respondent: Flat 2, Block G3, Triq l-Istiratur, Mosta.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 520
520By a decree of the Small Claims Tribunal, of the 10th 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).
Go plc (C 22334) ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 5th November, 2013 whereby they asked the Tribunal to condemn Alston Abdilla (ID 527384M), ofDolphin Court, Flat 6, Triq l-Imsell, Mellieħa, to pay the plaintiff company the sum of€412.46, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 717/13VG2) is deferred forthe 9th April, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 521
521By a decree of the Small Claims Tribunal, ofthe 23rd January, 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).
Go plc (C 22334) ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 10th October, 2013 whereby they asked the Tribunal to condemn Barber Daniel Jack (ID 51337A),ofWaterfront Place, Block C, Flat 12, Triq San Pawl il-Baħar, San Pawl il-Baħar, to pay the plaintiff company the sum of €503.75, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 675/13VG2) is deferred for the 9th April, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 522
522By a decree of the Small Claims Tribunal, of the 20th 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).
Go plc (C 22334) ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 1st October, 2013 whereby they asked the Tribunal to condemn Ana Maria Dinica (ID 158417A),of St George’s Court, Block B, Flat 8, Ix-Xatt ta’ San Ġorġ, San Ġiljan, to pay the plaintiff company the sum of€961.39, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 651/13VG2) is deferred for the 9th April, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 523
523By a decree of the Small Claims Tribunal, of the 6th 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).
Go plc (C 22334) ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 18th September, 2013 whereby they asked the Tribunal to condemn Sharlon Bugeja (ID 516991M),of28, Kennedy, Triq l-Oratorju, Għargħur, to pay the plaintiff company the sum of €701.29, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 547/13YMS) is deferred for the 9th April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 524
524By means of a decree given by the First Hall Civil Court, on the 13th February, 2014 in the records of the Sworn Application, in the names Debono Carmenu vs Grech Anton, application number 1149/13 SM, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Carmenu Debono vs Anton Grech, application number 1149/13 SM, on the 29th November, 2013 the applicant Carmenu Debono (ID 24155M), asked this Honourable Court:
To declare that the contiguous yard and on the rear side the garage property with the name of Paul Garage, Triq San Ġwann tas-Salib, Ta’ Xbiex, is in effect property of the applicant, order the respondent so that within a short and peremptory periodunder the supervision of an Architect, carry out the necessary work to remove the access which abuts on to the said yard from the side of the garage which is his property, named ’Anton’, Triq Sir Ugo Mifsud, Ta’ Xbiex, and uphold the other demands in the application.
With costs, the respondent is summoned so that a reference to his evidence be made.
Applicant: 2, Msida Rd, Gżira.
Respondent: 153, Ta’ Xbiex Seafront, Gżira.
The Sworn Application in the names Debono Carmenu vs Grech Anton, application number 1149/13 SM, has been deferred for hearing to the 14th April, 2014 at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 525
525By a decree of the Small Claims Tribunal, ofthe 6th 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 (C 24655) of Fra Diego Street, Marsa MRS 1501, filed a Claim on the 19th September, 2013 whereby they asked the Tribunal to condemn Fiona Azzopardi (ID 426580M), ofBelfiore Bldg, Flat 2, Triq San Lwiġi, Msida,to pay the plaintiff company the sum of €362.07, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 565/13YMS) is deferred for the 9th April, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 526
526By a decree of the Small Claims Tribunal, ofthe 18th September, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Mobisle Communications Limited(C 24655) of Fra Diego Street, Marsa MRS 1501, filed a Claim on the 17th September, 2013 whereby they asked the Tribunal to condemn Andrew Smith (ID 31175A), of 6, Qawra Sun Court, Flat 12, Triq Nicola Ardoino, San Pawl il-Baħar,to pay the plaintiff company the sum of€1,178.62 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 518/13VG2) is deferred for the 9th April, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 527
527By means of a decree of the 12th March, 2014 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 in Procinctu Number 501/14 in the names Joseph (ID 776357M). and Mary (ID 706461M), spouses Zahra, vs Michelle Spiteri (ID 558983M), filed on the 28th February, 2014 Joseph and Mary, spouses Zahra,respectfully submitted to this Honourable Court that:
The applicants have obtained a judgement in the names above mentioned decided by the Courts of Magistrates (Malta) on the 14th November, 2012 (Notice Number 123/12CSH), where the respondent was ordered to pay the applicants the sum of€5,500 as the principal sum, €422.83 as interest, and €941.64 as costs.Copy of the judgement and the relative taxed bill of costs are being attached as Doc A and B.
That notwitsthanding that the applicants solicited the respondent to pay, she failed to effect payment.
A warrant of seizure number 218/13CP has already been filed but the Marshall in charge with the execution of the said warrant was informed by the mother and father of the respondent that she does not hold any assets.
Before that a garnishee order was filed but the local banks do not hold any funds of the respondent.
Accordingly, there is no other way how the applicants can execute the judgement in question, except by the issue of the warrant in procinctu.
The applicants have already filed a similiar applicationto this (warrant number 442/13), but by means of a decree of the 8th March, 2013 the request therein made was rejected because the Court found that:
“Given that at this stage, it does not concretely and definitely result that the warrant of seizure number 218/13 will not be effectively executed in the application of the applicants for their executive title against the respondent, the request for the issue of a warrant in procinctu cannot be accepted.”
A copy of this decree is being exhibited as Doc C.
That today, it is established that such warrant will not bring about a favourable outcome to the applicants. In fact by means of a decree of the 27th February, 2014 a request of the applicants for the withdrawal of a cheque deposited by the father of the respondent has not been accepted as results from the attached decree (Doc D).
Thus, the applicants are praying with respect this Honourable Court to order the issue of the warrant in procinctu as provided in Article 388G of Cap. 12 and consequently issue those necessary orders so that the respondent pays the amount due according to the judgement above mentioned, and this under those directions that this Court deems fit and proper.
Applicants:Felci, 75, Triq San Filippu, Għaxaq.
Respondent:Water Colours, Dawret il-Gżejjer, Buġibba, San Pawl il-Baħar SPB 2507.
For all intents and purposes, on the 10th March, 2014 a note was filed by Carmel Dominic Spiteri (ID 415561M), and Teresa Spiteri (ID 676161M), where they said that by means of this note they returned the judicial act here attached because they accepted the notification at their shop with the name Water colours, Dawret il-Gżejjer, Buġibba, San Pawl il-Baħar SPB 2507, that was addressed to their daughter Michelle Spiteri today of age, erroneously, because Michelle Spiteri does not have any connection with the said premises.
In addition, it is noted that the applicants know of this fact since the applicants and themselves were involved in judicial proceedings specifically on this point, and although they cannot understand why the applicants are insisting that they should notify or enforce warrants on property which is exclusively theirs.
Accordingly, they are returning the same acts to be notified to Michelle Spiteri according to law.
In the Courts of Magistrates (Malta)
Magistrate: Dr Charmaine Galea BA LL.D.
In the records of Warrant in Procinctu 501/14
Joseph Zahra et vs Michelle Spiteri
The Court
Having seen the application
Orders the notification of the said application to the respondent with four (4) days within which to reply.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals