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Court Notices published in Govt. Gazette No. 19,285 of 22 July 2014
01/01/2014
Bann for Curators
1163Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 10th July,2014 following a request of Jane Mercieca et, it was orderedthat deputy curators be chosen to represent the deceased Francesco Curmi, in the records of the Schedule of Deposit and redemption of groundrent inthe names Jane Mercieca etvs 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 Jane Mercieca, widow of Anthony, daughter of the late Carmelo Brincat and Magdalene née Deguara, born in Ħamrun on 2/12/1951, and residing at 10, Windermere, Ġemmugħa Street, Marsaskala (ID 898051M); Maria Dolores Shapcott, divorced from David, daughter of the late Carmelo Brincat and Magdalene née Deguara, born in Ħamrun on 14/9/47, and residing 18, Hunters Drive, Burnley, Lancashire BB12, OHT UK (ID 801147M), who is appearing in her own name and in the name and in the interest of her sister Theresa Thompson, wife of John, daughter of the late Carmelo Brincat and Magdalene née Deguara, born in Ħamrun, on the 20/5/1953, and residing 2408 Cozy Lane, High Ridge, Missouri 63049, America (ID 378153(M); Carmen Borg, wife of Joseph, daughter of the late Carmelo Scicluna and Maria née Calleja, born in Santa Venera on the 12/10/1957, and residing 16, Joecarm, Triq il-Kummerċ, Qormi, (ID 67957M); Martha Lanzon, wife of Valentino, daughter of the late Carmelo Scicluna and Maria née Calleja, born in Birkirkara on the 28/4/1955, and residing 62, St Paul, Triq Misraħ il-Barrieri, Santa Venera, (ID 336055M);Anna Marie Baldacchino, wife of Carmelo, daughter of the late Carmelo Scicluna and Maria née Calleja, born in Santa Venera on the 22/9/1959, and residing 75, Darna, Triq San Ġwann, Fgura, (ID 633059M); Venera Vella, wife of Joseph, daughter of the late Carmelo Scicluna and Maria née Calleja, born in Santa Venera on 4/6/1963, and residing Jumeira, Flat 1, Triq in-Naġġar, Mosta, ( ID 274963M); Paul Scicluna, son of the late Carmelo Scicluna and Maria née Calleja, born in Santa Venera on 27/12/1960, and residing 103, Simpsons Street, Marsa (ID 10861(M); Jacqueline Micallef, wife of Louis, daughter of the late Carmelo Scicluna and Maria née Calleja, born in Santa Venera on 22/11/1967, and residing ‘Lujac’, Triq Sebastian Saliba, Għaxaq (ID 464667M) vs Monsignor Philip Calleja, son of the late Joseph Calleja and Carmela née Grech, born and residing in Valletta (ID 721228M), in his capacity of Administrator of the estate of Antonia Sammut, widow of Dr Lewis Sammut, son of Vincenzo Briffa Brincat and Mary née Gingell, born in Valletta and who resided in Ta’ Xbiex (ID 53041M), and of the heirs Vincenzo Briffa Brincat, son of Paolo Briffa and Marianna née Brincat, born in Valletta, Deputy Curators to represent the unknown heirs of the deceased Francesco Curmi, son of Michele Curmi, born in Ħal Qormi, and who residing in Ħamrun, on the 9th July, 2014 the applicant Jane Mercieca et pleaded with respect:
That they pay the sum of two Ewro and ninety-six cents (€2.96) as payment of groundrent and annual and perpetual subgroundrent burdening the tenement with numbers eighty (80) and eighty-one (81), Saint Francis Street, Ħamrun.
That the groundrent mentioned calculated pro rata represents:
(i) (€2.54) annual and perpetual groundrent due to the heirs of Vincenzo Briffa Brincat;and
(ii) (€0.42) annual and perpetual subgroundrent due to the heirs of Francesco Curmi.
That by means of a contract of the twenty-eighth (28th) of March, of the year one thousand nine hundred and thirty-five (1935), in the records of Notary Dr Carlo Micallef De Caro, the parties agreed that the whole groundrent of €2.96 is due to the superior owner Vincenzo Briffa Brincat, consequently notwithstanding that according to the calculation of the applicant,the annual groundrent due to the heirs of Vincenzo Briffa Brincat is of (€2.54), the applicant shall capitalise for the purpose of this redemption the sum of €2.96 as redemption of groundrent due to the heirs of Vincenzo Briffa Brincat, and thus added the sum of (€0.42) due to the heirs of Francesco Curmi, thus the applicants shall capitalise for the purpose of this redemption of groundrent the total sum of (€3.38).
...........omissis...........
That thus the applicants Jane Mercieca, Maria Dolores Shapcott and Teresa Thompson, hold the utile dominium of the property above indicated in the share of four hundredthirty-one out of four hundred thirty-two (431/432) undivided parts of the premises de quo, whilst the applicants Martha Lanzon, Carmen Borg, Paul Scicluna, Anne Marie Baldacchino, Venera Vella and Jacqueline Micallef, hold the utile dominium of the premises indicated in the share of one out of four hundred thirty-two (1/432) undivided parts of the premises de quo.
That the applicants wish to avail themselvesof the faculty given to them by Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta), and redeem the same groundrent in terms of the same law.
That notwithstanding that the groundrent paid annually by the applicants is of (€2.96), which capitalised at the rate of 5% amounts to (€59.20) for the reasons brought forward, the applicants shall deposit the sum of (€67.60) representing:
(i) the sum of (€59.20) to the heirs of Vincenzo Briffa Brincat.
(ii) the sum of (€8.40) to the unknown heirs of Francesco Curmi.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority passing to deposit the sum of (€67.60) price of redemption of annual and perpetual groundrent in order to be freely given as:
(i) the sum of (€59.20) to the respondent Monsignor Philip Calleja in his capacity of administrator of the estate of the deceased Antonia Sammut and the heirs of Vincenzo Briffa Brincat.
(ii) the sum of (€8.40) to the heirs of Francesco Curmi after the release of the due receipt according to law.
Applicant: 10, Windermere, Ġemmugħa Street, Marsaskala.
Services: 1. Monsignor Philip Calleja, Dar l-Emigrant, Triq il-Barakka ta’ Fuq,Valletta.
2. Deputy Curators of the unknown heirs of the deceased Francesco Curmi.
3. Director Public Registry, Merchants Street, Valletta.
4. Land Registrar, Casa Bolino, 116, 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 Mr Justice Joseph R. Micallef LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1164
1164By means of a decree given by the First Hall Civil Court, on the 8th July, 2014 in the records of the Application Number 540/14 JZM, in the names V & CContractors Limited versus Marinelli Costruzioni S.p.A., the following publication was ordered for the purpose of service in terms of Article 416 et. seq. of Cap. 12 of the Laws of Malta.
By means of an Application of V & C Contractors Limited (C 13748), for procedures between the creditors of Marinelli Costruzioni S.p.A. (OC 537), on the 20th June, 2014 in terms of Article 416 of Cap. 16, the applicant company respectfully pleaded:
That following the issueing of various Garnishee Orders issued by various creditors of the company Marinelli Costruzioni S.p.A. (OC 537), there was deposited in the Registry Civil Courts and Tribunals, the global sum of forty thousand and forty-seven Euro and thirty-seven cents (€40.047.37),by means of a number of schedules hereunder mentioned.
(1) Schedule of Deposit number 115/2013 of the Water Services Corporation following the Garnishee Order number 438/2012, in the names Saliba Bros Limited (C 2295) vs Marinelli Costruzioni S.p.A. (OC 537), for the sum of twenty-seven thousand, two hundred ninety-one Euro and thirty-nine cents (€27,201.39); (2) Schedule of Deposit number 1611/2011 of the Banif Bank Malta plc following the Garnishee Order number 1605/2011, in the names Vitruvius Limited C 42348 vs Marinelli Costruzioni S.p.A. (OC 537), whereby there was deposited the sum of one hundred ninety-three Euro and sixty-four cents (€193.64); (3) Schedule of Deposit number 1499/2011 of CSJ Limited, following the Garnishee Order 1563/2011, in the names CSJ Limited (C 40859) vs Marinelli CostruzioniS.p.A. (OC 537) for the sum of twelve thousand five hundred and sixty-two Euro and thirty-four cents (€12,562.34).
That the applicant company was declared a creditor of the company Marinelli Costruzioni S.p.A. (OC 537), in the sum of twenty-one thousand, nine hundred eighty-four Euro and four cents (€21,984.04), together with legal interests on the same amount with effect from the twenty-second of May, of the year two thousand and twelve (22/05/2012), as well as judicial expenses in the amount of (€1,790.87), in virtue of a judgement of the First Hall Civil Court in the names V & C Contractors Limited vs Marinelli Costruzioni S.p.A., dated twenty second May, two thousand and twelve (22/05/2012).
That the applicants obtained the issueing of an Executive Garnishee Order number 1042/12, in the names V & C Contractors Limited (C 13748) vs Marinelli Costruzioni S.p.A. (OC 537), dated 17th July, 2012.
That the applicant company after having obtained the executive title above mentioned enrolled a General Hypothec with number 19765/2012. That in virtue of the said General Hypothec, the applicant company ranks before any other creditor.
That on the said deposits there competed other creditors, and there are still in force various warrants, and thus the Court did not order their withdrawal.
Thus the applicant company whilst reservingto bring all the proof admissible according to law prays this Honourable Courtso that saving the necessary declarations and opportune provisions:
It orders the opening ofthe Competition of Creditors in terms of Article 416 of the Code of Organisation and Civil Procedure (Cap. 12), on the deposits made by means of Schedule of Deposits numbers 115/2013, 1611/2011 and 1499/2011.
Thus whoever considers that he has an interest is called to bring forwardhis rights on the deposit above mentioned, by means of an application, within one month, in the manner provided by law. When this time shall lapse, no one who shall not have proceeded in the manner provided by law can stop, or otherwise hold the competition of creditor from being decided between those who have appeared.
Whoever claims to have an interest is to appear during the sittingof Thursday, 9th October, 2014 at 9.00 a.m., in the First Hall Civil Court as presided by the Hon. Mr Justice Joseph Zammit Mckeon.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1165
1165By a decree given on the 15th May, 2014 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 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
By a decree given by the Civil Court First Hall, on the 17th June, 2014 on the application of Cassar Bella Claudia Nicoletta, Thursday, 7th August, 2014 at eleven in the morning (11.00 a.m.), for the Sale by Auctionto be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property:
The tenement named “The Wilderness”, before known as “Havana Club”, in Triq ta’ Pinu, also known as Triq l-Għarb, today named Triq Papa Ġwanni Pawlu t-Tieni, limits of Għarb, Gozo, on two floors, subject to an annual and perpetual groundrent andsubgroundrent of ninety Euro and eighty-five cents (€90.85). This tenement underlies property named “Il-Mina Restaurant”.
The restaurant without number, named “Il-Mina Restaurant”, in Triq ta’ Pinu, also known as Triq l-Għarb, today named Triq Papa Ġwanni Pawlu t-Tieni, limits of Għarb, Gozo, subject to an annual and perpetual groundrent of thirty-four Euro and ninety-five cents (€34.95).This tenement overlies the property named “The Wilderness”.
The properties are free and unencumbered, with all their appurtenances, valued at one million, four hundred and fifty Euro (€ 1,450,000).
The said tenements are the property of Angerton Enterprises Ltd.
N.B. The said tenements will be sold as described in the acts 8/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 1166
1166By means of a decree given by the Rent Regulation Board, on the 14th July, 2014 in the records of the Sworn Application in thenames Victor Mifsud et vs Jonas Galotta noe pro et noe, application number 23/14 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 Registrar Superior Courts, on Monday 9th June, 2014 the Sworn Application number 23/14 GG, in the names Victor Mifsud et vs Jonas Galotta noe pro et noe, was appointed for hearing on Wednesday, 25th June, 2014, at 9.00 a.m., and deferred for the 23rd October, 2014 at 9.00 a.m.
Respondent: 1. Jonas Galotta noe pro et noe, No 5, Block 13, Xatt il-Palm, Baħar iċ-Ċagħaq, Naxxar NXR 5181.
2. Villa Four Winds, Victoria Lines, Baħar iċ-Ċagħaq, Naxxar.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1167
1167By means of a decree given by the First Hall Civil Court, on the 8th July, 2014 in the records of the Application Number 537/14 JZM, in the names Charles Grech & Co. Ltd vs X, the following publication was ordered for the purpose of service in terms of Article 416 (1) et. seq. of Cap. 12 of the Laws of Malta.
By means of an Application filed in the First Hall Civil Court by Charles Grech & Co. Limited, in the records of the Schedule number 2323/12, and in the records of the Garnishee Order number 3377/11, in the names Charles Grech & Co. Limited (C 2473) vs Dr Clarence Busuttil (ID 120859M) and Bay Catering Limited (C 39785), and in the records of the Garnishee Order number 2747/12, in the names Lorraine Attard (ID 96271M) vs XL Projects Limited (C 51117) and Dr Clarence Busuttil (ID 120859M), on the 16th June, 2014 the applicants Charles Grech & Co. Limited respectfully pleaded:
That the applicant company is a creditor of the respondent in the sum of €3,144.76 (three thousand one hundred forty-four Euro and seventy-six cents), which debt was rendered executive by means of a judicial letter in terms of Article 166A ofCap. 12 of the Laws of Malta, which letter has the number 2681/11, hereby attached Doc. CG1, and this besides interest and expenses, in regard to which the interpellant company reserves to present a detailed prospective which includes interests and costs.
That in execution of its executive titles, the applicant company presented an Executive Garnishee Order, on the 21st November, 2011 which bears the number 3377/11, copy attached Doc. CG2.
That by means of a Schedule of Deposit number 2323/12, the Bank of Valletta plc deposited the sum of €4,770.56 (four thousand seven hundred and seventy Euro and fifty-six cents, in the records of the Executive Garnishee Order number 3377/11, in the names Charles Grech & Co.Limited (C 2473) vs Dr Clarence Busuttil (ID 120859M) and Bay Catering Limited (C 39785), and in the records of the Precautionary Garnishee Order number 2747/12, in the names Lorraine Attard (ID 96271M) vs XL ProjectsLimited (C 51117), and Dr Clarence Busuttil (ID 120859M).
That the applicant company filed the opportune application in virtue of which it demanded that it be authorised to withdraw the amount due to itfrom the funds deposited by means of the present schedule to which demand Lorraine Attard opposed, and this although she was declared a creditor.
That the applicant company could not withdraw the amount due it, and thus humbly asks this Honourable Court so that in terms of Article 416 (1) et. seq. of Cap. 12 of the Laws of Malta:
1. To orderthe opening of the competition of creditors on the deposit of €4,770.56 (four thousand seven hundred seventy Euro and fifty-six cents, belonging to Dr Clarence Busuttil (ID 120859M), and/or Bay Catering Limited (C 39785), which was deposited by schedule of deposit number 2323/12.
2. Order and decide that the credit of the applicant company ranks before any other credit, and consequently ranks before any other credit in the competition of creditors on the depositof €4,770.56 (four thousand seven hundred and seventy Euro and fifty-six cents), belonging to Dr Clarence Busuttil (ID 120859M) and Bay Catering Limited (C 39785), and which was deposited by schedule number 2323/12.
3. Order that the costs of these procedures are to be borne by the creditors who opposed the withdrawal demanded by the applicant company.
Wherefore any person claiming to have an interest in the matter is required to exercise his rights on the deposit aforesaid by means of an application within one month as provided by law. When this time shall lapse, no one who shall not have proceededby the mode provided by law can stop, or otherwise hold the competition of creditors from being decided between those who have appeared.
Whosoever claims to have an interest is also to appear during the sitting of Thursday, 9th October, 2014 at 9.00 a.m. in the First Hall Civil Court, as presided by the Hon. Mr Justice Joseph Zammit Mckeon.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1168
1168By means of a decree of the 22nd May, 2014 of the Civil Court First Hall in the records of judicial letter number 2888/13, in the names Mario Buhagiar et vs Michael Debono et,the following publication for the purpose of effecting service on the respondent Bernardette Rausi was ordered in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Michael Debono; John Debono; Mary Rose Deguara; Susan Enriquez; Margaret Frendo; Bernardette Rausi (ID 797856M) of Villa Albatross, Triq l-Imdina, Attard, and/or 1, Dar ir-Rampa, Daħlet l-Għarajex, Żebbuġ, Gozo; Ann Cassar.
By the present letter in reply to your letter to them of 4th September, 2013 Mario and Esmeralda, spouses Buhagiar; Bernardette Buhagiar; Antoine and Carmel, brothers Buhagiar, holding identity cards numbers (ID 401980M), (ID 87583M), (ID 918945M), (ID 253883M) and (ID 63273M) respectively, whilst rebutting all the claims put forward by you as they are unfounded in fact and at law, they further inform you that:
(a) They are using the premises subject of the temporary emphyteutical concession as their sole residence;
(b) They are availing themsleves of what the law sets out in case of such terminations and accordingly they are detaining the said premises under title of lease;
(c) The jurisprudence to which reference has been made is not applicable in this case;
(d) Furthermore, the law in virtue of which an emphyteutical concession is, on its termination, converted into a lease, is still in place today, and regulated by the new amendments to the rent laws.
Therefore, in view of the above, the applicants, whilst bringing to your attention that they are holding a valid title of lease, solicits you: (a) to stop molesting them in the enjoyment of their rights; and (b) that the rent which has been offered to you and which you are not accepted, has been deposited under the Authority of the Court.
So much for your own guidance and to regulate yourself.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1169
1169By means of a decree of the 18th February, 2014 handed down by the First Hall of the Civil Court, in the records of the judicial letter number 3637/2013, in the names Auto Sales Limited vs Jeremy Bonello et, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Jeremy Bonello and Julie Bonello, of 20, Naini, Flat 3, Triq il-Faxxina, Is-Swieqi.
By the present, Auto Sales Limited (C 491), solicits you so that within one week you pay the sum of €489,709 representing the balance due to Auto Sales Limited according to the deed signed between you.All the amount now is due because you failed to pay according to the agreement.
In default, further procedures will be taken according to law.
This letter is being sent to you in terms of Article 2156 of the Civil Code.
With costs including legal interest till the date of payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1170
1170By means of a decree of the 9th July, 2013 handed down by the First Hall of the Civil Court,in the records of the judicial letter number 992/13, in the names Auto Sales Limited vs Cornelius Mulvaney, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Cornelius Mulvaney, of 11 Leone Street, Sliema.
By the present, Auto Sales Limited (C 491), ofKinds, Mosta Road, Lija, solicits you so that within one week from the date of this judicial act, you pay the sum of €7,300.86 in connection with bills of exchange signed and expired (Doc. A).
This amount has to be paid with legal interest till the date of effective payment.
In default, further procedures will be taken against you according to law.
Auto Sales Limited informs you thatif in the time given, you do not pay the sum above mentioned, it will proceed to enforce the said bill of exchange according to law, and this in terms of Article 253 (e) of the Code of Organisation and Civil Procedure.
For all purposes and effects of law, you are warned that in terms of Article 253 (e) of Cap. 12, you have the right to file an application to oppose this procedure within twenty (20) days from the notification of this act.
This letter is also being made for the purposes of Article 172 of the Commercial Code.
With costs of this present act filed against you.Reserving all rights for further amounts due.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1171
1171By means of a decree of the 27th June, 2014 of the Civil Court First Hall in the records of judicial letter number 1398/14, in the names Citadel Insurance plc vs Ray Deguara, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Ray Deguara, of Winter Cherry Court, Flat 2, Triq Tal-Gallu, Fgura.
By the present, Citadel Insurance plc (C 21550), of 26, Casa Borgo, Market Street, Floriana, submits that:
You were employedwith the interpellant company until recently, and this until you left your job with the interpellant company to go and work with another company which has a contractual relationship with the interpellant as agent of the same interpellant.
The terms of your employment and in terms of the general provisions of law, prohibit you from making use of confidential information property of my clients, including date about its clients, and this both for your own personal use, as well as in connection with your new employment.
When you left your job with the interpellant company, you confirmed that you were not in possession of confidential information property of the interpellant company, and in any case you were not going to use this information.
More specifically, you were obliged not to approach existing clients of the interpellant with the aim of soliciting them as your own personal clients or of those of the company with which you are employed today.
Notwithstanding this personal undertakings, the interpellant is informed that you are abusing of information which you collected whilst you were its employee, and that you are using this information for your own benefit and that of the company with which you are employed today.
This information consists amongst others ofdeclarations of clients of the interpellant comany that were solicited by you so that they change their insurance requirements through you as intermediary.
Moreover, you are still going to clients of the interpellant company, and you are collecting premia of life insurance renewals under false pretences and without being entitled so to do.
Accordingly, you are being solicited so that immediately:
1. You refrain from persisting in your illegal act as set out in brief in this letter; and
2. You come forward for the liquidation and payment of all damage caused to the interpellant company, including the payment of penalties as set out in the relevant contract of employment, which contract you have breached.
With costs including those of this letter, and with due reservation for all further action available to the interpellant.
So much for your own guidance.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1172
1172By means of a decree of the 12th May, 2014 handed down by the First Hall of the Civil Court,in the records of the judicial letter number 2379/13, in the names Reuben Bonnici noe vs The Golden Shepherd Group Limited, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (5) of Cap. 12.
In the First Hall of the Civil Court
To: The Golden Shepherd Group Limited (C 14948), ofSt Philip’s Hospital, Santa Venera, Malta.
By the present, Reuben Bonnici (ID 448471M), for and on behalf of Automated Revenue Management Services Limited (C 46054), (ARMS), of Gattard House, National Road, Blata l-Bajda, Malta, in its own name, and on behalf of Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Chapter 12 of the Laws of Malta, and solicits you to pay the amount of €13,425.87, which amount is sure, liquid and due, and representing the balance from a greater amount representing pending bills for the consumption of water and rent of water meter, together with interest due on the amount according to law on the premises with address St Philip’s Hospital, Triq Paris, Santa Venera, according to the bill number 101000099760.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter.In addition, there is no valid reason for your failure to pay, and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law, and in default of payment or opposition on your part within the time mentioned in Article 466 of Chapter 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs and and saving any right to the payment of interest till the date of effective payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1173
1173By means of a decree of the 3rd July, 2014 of the Civil Court First Hall, in the records of judicial letter number 1696/14, in the names Blokrete Limited vs Paul Barrans et, the following publication for the purpose of effecting service on the respondents was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: Paul and Susan, spouses Barrans, (ID 20521Aand ID 21476A), of Flat 1, Mista Flats, Block B, Piscopo Macedonia Street, Xemxija, l/o St Paul’s Bay.
By the present, Joseph Fenech (ID 815133M), residing in Lija, in his own capacity and as director of Blokrete Limited (C 263), of Mosta Road, Lija, solicits you so that immediately you vacate the premises Flat 1, Mista Flats, Block B, Piscopo Macedonia Street, Xemxija, limits of St Paul’s Bay, and this because the contract of lease signed by you on the 5th April, 2014 has expired.
The interpellant makes reference to clause 15.1 of the contract of lease which states: ‘Should the Lessees fail to return the Premises to the Lessor upon termination or sooner determination of this Agreement, they will incur a penalty for mere delay of €117 per day for every day of delay or part thereof’.
Accordingly, the interpellant has informally requested you to vacate the property a number of times, and now it is filing this judicial letter by which it is holding you responsible for all penalties and damages according to law.
By means of this letter, the interpellant solicits you to pay the amount of €5,015.49 within two days from the date of notification of this letter representing the balance due according the statement here attached and marked as document A.
You are also being called upon to pay the pending bills with the company Automated Revenue Management Services Limited immediately.
This judicial letter is being sent in terms of Article 1570 of Cap. 16 of the Laws of Malta, and you are solicited to pay the rent and vacate the aforementioned premises within fifteen day from the notification of this letter.
Therefore in the event that you fail to pay the arrears of the rent and vacate the aforementioned property, Blokrete Limited will proceed according to law.
So much for your own guidance and to regulate yourselves.
With costs and legal interest according to law.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1174
1174By means of a decree of the 14th May, 2014 handed down by the First Hall of the Civil Court,in the records of the judicial letter number 416/12, in the names Andrews Feeds (Malta) Limited vs Joseph Cardona, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Joseph Cardona, of Id-Dwejra, 2 Alley 2, Tad-Dawl Street, Żebbuġ, Malta, and/or St Joseph Farmhouse, Tal-Ħrieri, Tas-Siġġiewi.
By the present, Andrews Feeds (Malta) Limited (C 406), of Valletta Road, Luqa, solicits you so that within two days from the notification of this letter, you pay the sum of €33,692.72 which amount is due by you representing the price of balanced fodder that you bought from the interpellant company and relative costs.
In default of payment in the time given to you, further procedures will be taken against you without further notice.
With costs and legal interest till the date of effective payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1175
1175It is hereby notified that the Court of Magistrates (Malta), by means of a decree given on the 5th June, 2014 in the records of the judicial letter number 467/14, in the names Fogg Insurance Agencies Limited vs Gasan Mamo Insurance Limited et, ordered the following publication for the purpose of effecting service in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Gasan Mamo Insurance Limited and Stella Farrugia, of 282/3, Manoel Dimech Street, Sliema,on the 25th February, 2014 Fogg Insurance Agencies Limited (C 597), for and on behalf oftheforeign company Argus Insurance Company (Europe) Limited,ofLa Concorde, Abate Rigord Street, Ta’ Xbiex, and its insurer Edward Bencini, on the basis of a comprehensive type of policy and of law, and the same Edward Bencini (ID 246M), whilst reference is made to your to the traffic accident which occurred on the 22nd April, 2013 at about 10.37 a.m. in Triq is-Sidra, Swieqi, between the vehicle with registration number JBE 385, insured by you Gasan Mamo Insurance Limited, and driven by you Stella Farrugia at the time of the accident, and the vehicle property of the interpellant Edward Bencini with registration number NAT 101, calls upon you in solidum between you so that within three (3) days you pay the interpellant Edward Bencini, the sum of €55 representing the excess payment paid by him the interpellant company Fogg Insurance Agencies Limited as a result of the accident, and you pay also the interpellant company Fogg Insurance Agencies Limited the sum of €1,441.31 for all the payments effected to its insurer as a result of the same accident which accident occured as a result of carelessness, lack of skill and lack of observation of the traffic regulations on your part Stella Farrugia.
The interpellant informs you that if the time given passes uselessly, they will have no alternative but to proceed furtherly on your behalf by all the means permitted by law.
So much so that you may know how to regulate yourself and to avoid useless costs and procedures.
This judicial letter is being made particularly, but not limitedly, for the purpose of interrupting prescription in terms of Cap. 12 and Cap. 16 of the Laws of Malta.
With costs and legal interests.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1176
1176By means of a decree of the 8th July, 2014 of the Civil Court First Hall, in the records of judicial letter number 3069/13, in the names Carmel Gafà et vs Victor Sultana et,the following publication for the purpose of effecting service on the respondents was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: Victor (ID 43748G) and Lydia (ID 745951M), spouses Sultana, of ‘Soldanis Ville’, Triq in-Nebbieta, Ħ’Attard and the Registrar of Lands.
By the present, Carmel (ID 104064M),and Rosanne (ID 480365M), spouses Gafà, of 67, Villino Delle Rose, Triq is-Sienja, Ħ’Attard, and Oliver (ID 508457M), and Mariella (ID 98561M), spouses Camilleri, of 65, Goccia di Luna, Triq is-Sienja, Ħ’Attard, whilst reference is made to the certificate of title holding number 12000484 issued by the defendant the Registrar of Lands with respect to the property ‘Soldanis Ville’, Triq in-Nebbieta, Ħ’Attard, property of the defendants spouses Sultana, which is adjacent to the premises property of the interpellants,solicit you so that within one week from today, you amend the said certificate of title such that the said certificate of title reflects the existing measurements, which measurement reflects the judgement given by the Court of Appeal on the 1st February, 2008 in the names Dr Victor Sultana et vs Carmelo Gafà et (Writ of Summons number 1274/98).
In addition, the said certificate of title indicates that on part of the land in question there is a spoliation suit, which case was finally decided and so the measurement of the land and the said certificate of title has to be amended.
In default, the interpellant warns you that further legal procedures will be taken against you without further notice.
So much for your own guidance.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1177
1177NOTICE BY THE REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Damian Jean Carlo Vincent Borg filed an application under oath (No. 632/2014/LSO), demanding Correction in the Act of Birth number 1712/2014 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.
Josette Demicoli
For the Registrar Civil Courts and Tribunals
Notice 1178
1178NOTICE
Whereas the plaintiff Charles Spagnol (ID 221766M), filed an application under oath (No. 151/14 AL), demanding Correction in the Act of Birth of the minor Rico Spagnol, number 3662/2003 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
Notice 1179
1179NOTICE BY THE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Lorianne Camilleri (ID 481771M), filed an application under oath (No. 145/14 AL), demanding Correction in the Act of Birth of the minor Francesco, number 2224/2011 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
Notice 1180
1180By means of a decree given by the First Hall Civil Court, on the 9th July, 2014 in the records of the Sworn Application, in the names Gustav Baldacchino vs Gordon Agius et, application 418/14 AF, the following publication was ordered for the purpose of service of the defendants Gordon Agius and Robert Agius 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 Gustav Baldacchino (ID 116277M) vs Gordon Agius (ID 85479M), and Robert Agius (ID 227283M), on the 15th May, 2014 the applicant Gustav Baldacchino (ID 116277M) asked this Honourable Court:
To declare that the defendants are debtors in solidum of the plaintiff in the sum of fifteen thousand, four hundred and ninety-two Euro (Euro 15,492.00), representing balance of price due following the sale of bicycles and car accessories, and uphold the other demands in the application.
With costs as demanded.
The defendants are summoned so that a reference to their evidence be made.
Applicant: 209, Petra, Triq Dun Mikiel Xerri, Ħ’Attard.
Defendants: (1) Gordon Agius, 47, ‘Immersion’, Triq il-Gladjoli, Madliena, Is-Swieqi.
(2) Robert Agius, 3, ‘Gordon’, Triq il-Bard, Ħal Qormi.
The Sworn Application in the names Gustav Baldacchino vs Gordon Agius et, application number 418/14 AF, has been deferred for hearing to the 16th October, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1181
1181By means of a decree of the 14th May, 2014 of the Civil Court First Hall in the records of judicial letter number 908/14, in the names Martin Andrew Webster vs Geoffrey Webster, the following publication for the purpose of effecting service on the respondents was ordered in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Geoffrey Webster (ID 13309A), of 17, Triq iż-Żonqor, Marsaskala.
By the present, Martin Andrew Webster (ID 12387A), and Deborah Jane Webster (ID 259501L), of 61/2, Amery Street, Sliema, are hereby calling upon you in order for you, within one week from date of notification of this act, effect payment of the sum of€155,060.22 or more precise amount representing an amount liquidated by way of legitim due to applicants, namely the sum of €100,089 or more precise amount due to Martin Andrew Webster, and the sum of €54,971.22 or more precise amount due to Deborah Jane Webster, following the demise of applicants mother Maria Carmela Webster on the 15th of October, 2006.
Despite having been called upon to pay the legitim due to the applicants, defendant failed to effect such payment.
Furthermore, you are also being called upon to declare any other assets consisting of cash, shares, or other financial interests, if any, so far undisclosed by yourself to which applicants may be entitled by law on a pro rata basis.
This official letter is being filed in terms of Cap. 16 of the Laws of Malta.
So much for your guidance.
With costs and legal interest accrable against defendant from the 15th of October, 2006 on the amounts cited above until date of full and final payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1182
1182By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th July, 2014, Application number 633/2014 by Consiglio Cassar, whereby he prayed that it be declared open in favour of Antonia, wife of Joseph Borg; Maria Carmela, widow ofJohn Sacco; the same Consiglio; Spiridione; Doris, unmarried; Mansueta, wife of Anthony Zammit; Nazzareno; and Giuseppa unmarried, all brothers and sisters Cassar and children ofthe decujus, and this in the quota of one ninth (1/9) undivided share each one of them, and in favour of John and Malcolm, brothers Cassar, and children of the late Alfred, the latter brother of the decujus, and this in the quota of one eighteenth (1/18) undivided share, the Succession of his brother Peter Cassar, Bachelor, son of the late Giovanni and Antonia née Montebello, born and resided in Żejtun, where he died on the 12th January, 2014 aged 67, holding identity card number 379546(M), intestate.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court, and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1183
1183NOTICE
Whereas Rosanna Vassallo Kirpalani filed an application under oath (No. 638/2014/LSO), demanding Correction in the Act of Birth number 4427/1998 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.
Josette Demicoli
For the Registrar Civil Courts and Tribunals
Notice 1184
1184NOTICE
Whereas the plaintiff Leanne Barbara (ID 363188M), filed an application under oath (No. 153/14 AL), demanding Correction in the Act of Birth of the minors Cayven Barbara and Shelley Barbara, numbers 2032/2007 and 244/2004respectively 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