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Court Notices published in Govt. Gazette No. 19,260 of 2nd June 2014
01/01/2014
Notice 873
873By a decree of the Small Claims Tribunal of27th May 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).
Executive Services Limited (C 6533) of183/2, Triq il-Kostituzzjoni, Mosta,filed a Claim on the 11th February 2014 whereby they asked the Tribunal to condemn Justin Attard (ID 176886M) of163, Triq Santu Rokku, Birkirkara, to pay the plaintiff company the sum of €519.20 which amount is due to the plaintiff company.
With cost and legal interst.
The case (Claim Number 91/14KPS) is put off on the 3rd June 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 874
874By means of a decree of the 5th May, 2014 of the Civil Court First Hall in the records of judicial letter number 565/14, in the names Ruby Catherine Donlevy vs Notary Anthony Grech Trapani, the following publication was ordered for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
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To Notary Anthony Grech Trapani (ID 66551M), of Ward u Żahar, Triq Henry F Bouverie, Gżira.
By the present, Ruby Catherine Donlevy (Passport Number 707462056), of Via Croce di Brancoli, 1585, Gignano di Brancoli, Lucca, Italy, refers to the negligent manner in which you rendered notarial services, and/or other services to her in connetion with a promise of sale dated 8th March, 2013 in the records of Notary Sam Abela, and also to the promise of sale dated 2nd May, 2013 in your own acts, which promises of sale refer to the villa Gray Gold, 26 and 28, Triq Galata, High Ridge, Madliena, as a consequence of which service, the applicant suffered considerable damages and more so, judicial proceedings have been initiated against her by third parties.
As a result of the service you rendered, and as a result of the negligent and erroneous professional advice that you have, the applicant has obliged herself and promised to sell the villa above mentioned to two different persons on the two different promises of sale above mentioned.
Therefore, the applicant is soliciting you so that within one week from the service of this judicial letter you come forward for the liquidation of damages above mentioned, and in default further legal procedures will be taken against you.
So much so that you may be guided accordingly.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 875
875By a decree given by the Civil Court First Hall, on the 24th April, 2014 on the application of Azzopardi Kevin et, Thursday, 26th 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 apartment number one (1), in a block of apartments built instead of tenement number sixty-two (62), Triq San Luqa, St Paul’s Bay, subject to annual and perpetual groundrent of sixteen cents and four mils euro (€0.16,4), as well as pro rata share of the common parts of the block, valued at forty-five thousand Euro (€45,000).
The apartment number three (3), in a block of apartments built instead of tenement number sixty-two (62), Triq San Luqa, St Paul’s Bay, subject to annual and perpetual groundrent of sixteen cents and four mils euro (€0.16,4), as well as pro rata share of the common parts of the block, valued at seventy thousand Euro (€70,000).
The said tenements are the property of George Galea (ID 41573M).
N.B. The said tenements will be sold as described in the acts of file number 6/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 876
876By means of a decree of the 6th May, 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 Garnishee Order number 1423/12 in the names Michael Attard Limited (C 32362) vs Dilo Ahmed Osman (ID 53282M), filed on the 22nd May, 2012 by Michael Attard Limited where Stefan Sacco for and on behalf of Michael Attard Limited confirmed on oath so that this Honourable Court order the issue of a Garnishee Order to be executed on the garnishee or garnishees as hereinafter mentioned against the debtors for the debt herein mentioned, and for the costs of this procedure as precaution against the debt hereinafter indicated.
Debt: Sum €2,478.50, interest reserved and costs reserved.
Title
Balance of twelve bills of exchange which have expired and which have been accepted and signed by the debtors as will be explained in the lawsuit which is being filed concurrently with this garnishee order.
By means of a note of Michael Attard Ltd filed on the 16th July, 2013 he declares that the garnishee order has been filed as security of its pretended rights as set out in the law suit in the names Michael Attard Limited vs Dilo Ahmed Osman.
Declares that the lawsuit was decided on the 25th June, 2013 Notice number 378/12KPS in the names above mentioned which lawsuit is res judicata.
Accordingly, the warrant above mentioned in terms of Article 838B(2a) has the effect of an executive warrant in the sum of €2,478.50 representing the main debt besides interests and costs.
Debtor:Dilo Ahmed Osman, 111, Ġawhra Court, Flat 1, Triq il-Folklor, Birżebbuġa.
In the Courts of Magistrates (Malta).
Magistrate Dr Gabriella Vella BA LLD
In the acts of Garnishee Order Number 1423/12
Michael Attard Limited vs Dilo Ahmed Osman.
The Court
Having seen the application
Having seen Article 838(B)(2)(a) Cap. 12 of the Laws of Malta.
It accepts the request and orders the notification of the note and this decree to the debtor and to the garnishees.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 877
877By means of a decree of the 6th May, 2014 of the Civil Court First Hall in the records of judicial letter number 702/14, in the names Ruggier Holdings Co Limited et vs Nicholsons The Supermarket Limited, the following publication for the purpose effecting service was ordered in terms of Article 187 (5)of Cap. 12.
In the First Hall of the Civil Court
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To: Nicholsons The Supermarket Limited (C 16188), of 61, Triq it-Torri ta’ San Ġwann, Vittoriosa.
By the present, Ruggier Holdings Co Limited (C 10422), of No 6, Alley 1, St Andrew’s Street, Lija, and Karen Cassar Ruggier (ID 166975M), of 45, Sunflower, Triq il-Ferrovija, Attard, refer to the lease agreement dated 1st June, 2000 regarding the property or rather garage without number in basement level that is found under the villa with the name Sunflower, in Triq il-Ferrovija, Attard, and notify you that in terms of the same agreement you are in default in your rental payments for more than two months.
The applicants are also drawing the attention to the defandant company that it had effected structural changes in the premises from its original state without any consent of the applicants, which action constitutes a serious and material violation of the contractual obligations of the defandants.
Therefore, in view of the above, the defendant is being formally solicited so that immediately:
1. It pays all the rent due till the end of February 2014; and
2. It executes at its own costs all the necessary structural works that are needed to restore the property in its former state as at the date of lease above mentioned, and this to the full satisfaction of the applicant.
In default further procedures against the defandant will be taken according to law.
This letter is being sent with due reservation of any action available to the applicants according to law.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 878
878By means of a decree given by the Rent Regulation Board, on the 22nd May, 2014 in the records of the Sworn Application, in the names Mario Schembri et vs Christopher Sciberras, Application number 38/13 GG, 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 Notice of Hearing of a cause issued by the Registry Superior Courts, on Tuesday, 14th April, 2014 the cause Application number 38/13 GG, in the names Schembri Mario et vs Sciberras Christopher, was entered in the list of causes which are to be heard on Thursday, 24th April, 2014 at 12.00 p.m. and deferred for the 9th October, 2014 at 11.30 a.m.
Respondent:Christopher Sciberras, Flat 1, Block 86, Triq il-Palazz l-Antik tal-Gvernatur, Vittoriosa.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 879
879By means of a decree given on the 27th May, 2014 by the First Hall Civil Court, in the records of the Sworn Application, in the names Sparkasse Bank Malta plc (C 27152) vs Betclass Limited (C 27816) the following publication was ordered for the purpose of service of the defendant company 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 Sparkasse Bank Malta plc (C 27152) vs Betclass Limited (C 27816), on the 26th March, 2014 the applicant company SparkasseBank Malta plc (C 27152) asked this Honourable Court saving the necessary declaration and the opportune provisions being made.
To hear this cause without proceeding to a hearing in terms of Article 167 et. seq. of Cap. 12, declare thatthe defendant company failed to carry out its contractual obligations according to the agreement between the parties, and this as indicated in the Loan Agreement dated 21st April, 2011 when it stopped to pay that due by it, condemn the respondent company to pay the sum of €22,609.32 representing balance of payment of loan given and not reimbursed including interests.
With costs and with legal interests according to the respondent company summoned so that a reference to the evidence be made.
Respondent: 44/7, Dingli Circus, Sliema.
The Sworn Application in the names Sparkasse Bank Malta plc (C 27152) vs Betclass Limited (C 27816) application number 247/14 SM, has been deferred for hearing to the 19th June, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Bann for Curators
880Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 28th February, 2014 following a request of HSBC Bank Malta plc, it was ordered that Deputy Curators be chosen to represent Yakovchenko Vasily and Yakovchenko Marina, in the records of the official letter, in the names HSBC Bank Malta plc vs deputy curators, and in the relative and subsequent acts.
By means of a judicial letter filed in the First Hall Civil Court vs deputy curators appointed to represent the absent Vasily Yakovchenko (Passport Number RUS710169304) and Marina Yakovchenko (ID Number 50424A), on the 14th February, 2014 the company HSBC Bank Malta plc ( C 3177) of 32, Merchants Street, Valletta:
(1) Brings to your formal notice the fact that on the day of the 5th February, 2014 you were in delay in the payment of loan given to you in virtue of a contract in the records of Notary Dr Vanessa Buttigieg, dated 21st May, 2009 in the amount of eighteen thousand and thirty-six Euro and twenty- nine cents (€18,036.29), and thus the interpellant company calls upon you so that within two days you pay this sum. This sum of arrears is to be increased by two thousand three hundred thirty-eight Euro and seventy cents (€2,338.70) monthly after that date.
(2) Calls upon you so that within two days you pay the sum of one thousand and fifty-nine Euro and forty-five cents (€1,059.45), representing (€1,057.34) as capital and (€2.11) as interests which have accrued on the capital till the 5th February, 2014 on account 049-013196-340, previously number 049-013196-050, which sum was given to you on a Savings Account facility with the interpellant Bank, besides further legal interests on the capital sum from the 6th February, 2014 till the date of effective payment.
This letter serves also to interrupt prescription, and is thus required by law in terms of Article 2128 of the Civil Code Cap. 16 of the Laws of Malta.
So much so that you may know how to regulate yourselves.
With costs.
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 Zammit Mckeon LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 881
881By means of a decree on the 28th February, 2014 in the records of the judicial letter number 3221/13, in the names HSBC Bank Malta plc vs Albert Xuereb et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
This judicial letter is being sent in terms of Article 256 (2) of the Code of Organisation and Civil Procedure (Cap. 12), and is intended to render the notarial deed hereunder mentioned executable, which contract constitutes an executive title according to Article 253 (b) of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta).
It is in your interest to consult a lawyer or a legal procurator without delay.
1. By means of a judicial letter filed in the First Hall of the Civil Courts againstAlbert Xuereb (ID 419057M), and Maria Rosaria Xuereb (ID 340258M), of4,Anvil Apartments, Flat 3, Triq il-Minfaħ, Naxxar, on the 22nd October, 2013 HSBC Bank Malta plc (C 3177) of32, Merchants Street, Valletta, refers you to the contract in the acts of Notary Dr John Spiteri, dated 3rd June, 2003 and calls upon you so that within seven days from today you pay the sum of €90,219.45 representing as for the sum of €63,257.64 as capital, and as for the sum of €26,961.81 as interest which have accrued on the capital sum till the 16th October, 2013 which sum is due in terms of the same contract besides further legal interest at 8% per year on the capital sum from the 17th October, 2013 till the date of effective payment, which amount is due by you as surety in solidum of AL Enterprises Limited; and
2. By means of a judicial letter, the same HSBC Bank Malta plc (C 3177) refers you to the contract in the acts of Notary Dr John Spiteri, dated 3rd June, 2003 and calls upon you so that within seven days from today you pay the sum of €73,636.10 representing as for the sum of€51,630.17 as capital, and as for the sum of €22,005.93 as interest which have accrued on the capital sum till the 16th October, 2013 which sum is due in terms of the same contract besides further legal interest at 8% per year on the capital sum from the 17th October, 2013 till the date of effective payment, which amount is due by you as surety in solidum of AL Enterprises Limited.
In default of payment, the interpellant Bank informs you that further action will be taken against you in Court in execution of its executive title without any further notice.
So much so that you may be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals