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Court Notices published in Govt. Gazette No. 19,401 of 30 March 2015

Date Icon 01/01/2015

Notice 550

550
By a decree of the 24th March, 2014, given by the First Hall Civil Court, 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 the application filed in the Civil Court First Hall, on 3rd October, 2014by HSBC Bank Malta plc acts of file number 6/2014 in the names HSBC Bank Malta plc vs La Palma Imports Limited (C 20394), respectfully submitted that:
The Bank presented an application for seizure executive on immovable property belonging to the La Palma Imports Limited under the same application of the 18th February, 2014, and a decree of the 20th February, 2014.
That when Architect Ruben Paul Borg went on site to make the report and the assessment of properties as described below:
(i) seven undivided shares of the common parts of the block named ‘Dorset Apartment’, at Triq il-Kbira, Ħal Balzan, which block is built on a site previously occupied by two properties, number 281 named ‘The Bungalow’, and number 282 named “The Crag’, which block of buildings has nine garages (with access path from the same road numbered 281), five apartments and maisonettes (with access path from the same road numbered 282). Each apartment is subject to an annual and perpetual groundrent of €12.09 payable to Gasan Enterprises Ltd. The common that parts should be included in the sale include entry, entrance, stairs, the stairwell, the landings, ducts, drainage system, the lift andthe well-lift service shafts, but not the roof and airspace of the block; and
(ii) nine undivided shares of the common parts of the garages above mentioned and underlying the block as described above.
That is clarified for any purpose that block mentioned under subparagraph (i) consists of seven separate units or rather five apartments, maisonettes and the block airspace while the group garages mentioned under subparagraph (ii) consists of nine separate garages.
That is clear from the Court’s Bill of Costs the same architect Ruben Paul Borg that the properties were assessed overall and so that the undivided shares have not been evaluated separately but globally were therefore presented two valuations represent seven undivided shares of a block named ‘Dorset Apartments’, in Triq il-Kbira, Ħal Balzan, and nine undivided shares of the common parts of the garages.
That therefore the shares cannot be assessed share, share this does not make their individual sales possible.
That therefore, the expert report has to be valued on separate undivided shares, which each part have a separate value so can be sold separately.
Therefore, the applicant Bank asks to this Honourable Court orders that the architect Ruben Paul Borg indicates in its report the value of every one seventh undivided share (1/7) of the common parts of the block name “Dorset Apartments’, in Triq il-Kbira, Ħal Balzan, and also indicates the value of every nona undivided share (1/9) of the common parts of the garages, and it pursuant to the application of 18th February, 2014, and the undivided shares that will be for sale separately, and that under any other provision that the Court deems appropriate.
The Court
Seen the application and ordered the notification to the respondent with the right to reply within four days.
Marvic Farrugia
Deputy Registrar
18 Marzu 2015

Notice 551

551
By means of a decree given by the Civil Court (Family Section), on the 12th March, 2015, in the records of the General Application, in the names Kenneth Camilleri vs Ramona Borg, application number 111/14 AL, 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 General Application filed in the Civil Court (Family Section), in the names Kenneth Camilleri vs Ramona Borg (ID 217188M), on the 11th March, 2015, the applicant Kenneth Camilleri (ID 462380M), respectfully pleaded:
That the parties had a boy ...omissis... who is six years old from a relationship they had according to the attached birth certificate (Doc. A).
That the applicant wishes to take the minor with him a cruise with Hamilton Travel, in the Mediterranean, from Wednesday, 29th April, 2015, to Wednesday, 6th May, 2015, and this as appears from the attached Doc. B.
That the respondent is refuting to sign the passport of the minor, and to allow the minor to go on this cruise without any justification.
That it shall be a pity that the boy shall loose such an opportunity to visit these countries in the Mediterranean, which they shall visit by means of this cruise.
Thus, the applicant respectfully prays that this Court authorises the Passport Office to issue a passport on the minor ...omissis... and authorise the applicant to go abroad with the minor ...omissis... from the 29th April, 2015, till the 6th May, 2015.
Applicant: 183, St Frances Street, Triq il-Foss, Paola.
Respondent: 50, Bonds Flats, Flat 5, Bilbel Street, Buġibba.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 552

552
By means of a decree of the 12th March, 2015, in the records of the judicial letter number 2563/14, in the names Bank of Valletta plc vs Samvel Gurjinyan, the Court of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the Courts of Magistrates (Malta)
This judicial letter is being sent under Article 166A of Cap. 12 of the Laws, and if you do not reply within thirty (30) days, this will become an executive title. Thus, it is in your interest to speak to a Lawyer or a Legal Procurator.
To: Samvel Gurjinyan (ID 41425A), of Falcon, Flat 2, Triq it-Torri, Imsida.
By means of this present, Bank of Valletta plc (C 2833), of 1/5 Misraħ San Ġorġ, Valletta VLT 1190:
1.Declares the following facts and namely:
(a) The that interpellant Bank gave you a loan facility, which loan had to be paid by means of monthly installments of €289.05 over a period of five (5) years;
(b) After some time, your payments were no longer being made regularly;
(c) Although you were solicited several times, you still have not paid as agreed;
(d) The balance due by you today to the interpellant Bank is of €5,279.05, which balance results from your Consumer Loan Account with Bank of Valletta plc together with further interest from the 7th November, 2014, till the date of effective payment; and
2. Declares that the reason on the basis of which this claim for payment of today is made is your failure to pay the repayments on the loan as agreed, and the request is to be accepted given that you no longer continued to honour your repayment obligations as agreed.
Thus, the interpellant bank solicits you so that within thirty (30) days, you pay the interpellant, the sum of €5,279.05, balance for the debt in your Consumer Loan Account with Bank of Valletta plc together with further interest from the 7th November, 2014, till the date of effective payment.
You are warned that if you do not reply within thrity (30) days from the day when you are notified with this letter by filing a note in the acts of this judicial letter in which you refute the claim of the interpellant, which note can be signed and filed by you without the need of a signature of a Lawyer or a Legal Procurator, this letter constitutes executive title.
You are informed that if you choose to file a note by means of which you refute the claim of the interpellant as stated above, the interpellant Bank will proceed against you by filing a lawsuit before the competent Court.
To confirm the above, here appears Joseph Caruana (ID 709057M), for and on behalf of Bank of Valletta plc, in his aforementioned capacity who is confirming the content of this judicial letter under his oath.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 553

553
By a decree of the Small Claims Tribunal, of the 18th November, 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), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 17th October, 2014, whereby they asked the Tribunal to condemn Yvonne Stephens (ID 156659M), of Panorama Court, Flat 6, Triq Dun Anton Tabone, San Ġiljan,to pay the plaintiff company the sum of €1,104.86 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 712/14KPS) is deferred for the 14th April, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 554

554
By a decree of the Small Claims Tribunal, of the 27th January, 2015, 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), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 7th January, 2015, whereby they asked the Tribunal to condemn Massimo Curmi (ID 430384M), of St Benedict, Flat 12, Triq Żimelli, Ħamrun, to pay the plaintiff company the sum of €349.08, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 14/15DMA) is deferred for the 9th April, 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 555

555
It is hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 13th March, 2015 (Application number 29/2015)from Klaassien Auwema, requested the opening of the Succession ofRalph Leon Beck, son of the late William Hewitt and Sarah Ann née Williamson, born in Sheffield, England, and who used to reside in Marsalforn, limits of Żebbuġ, Gozo, and who died in Victoria, Gozo, on the twenty second December, two thousand and fourteen, testate, and which opening of Succession is to be made in favour of his widow Klaassien Auwema, daughter of the late Hilbrand Auwema and Janna née Grooten.
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.
Maureen Xuereb
For the Registrar Gozo Courts and Tribunals
26 Marzu 2015

Notice 556

556
By means of a decree given on the 17th March, 2015, by the Rent Regulation Board, application number 64/14 GG, the following publication was ordered for the purpose of service of the respondent John Barbuto in terms of Article 187 (3) of Cap. 12.
By means of an Application filed in the Rent Regulation Board, in the names Joseph Montebello (ID 161721M), Nathalie Cassar (ID 40155M), Doris Ann Bencini (ID 479551M), Marcelline Pearsall (ID 823657M) and Walter Montebello (ID 335553M), on the 9th July, 2014, the applicants asked the respondent to state why this Honourable Court should not:
Decide the cause without proceeding to a hearing in terms of Article 16A of Cap. 69 of the Laws of Malta, declare that the respondent is occupying the premises 31, Viani Street, Sliema, without a valid title at law, and uphold the other demands in the application.
With costs against the respondent summoned so that a reference to his evidence be made.
Respondent: John Barbuto, 31, Triq Viani, Sliema.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 557

557
By means of a decree given by the First Hall Civil Court, on the 11th February, 2015, in the records of the Sworn Application, in the names Miksons Transport Company Limited et vs Stivala Anthony et, application number 13/15 LM, the following publication was ordered for the purpose of service of the defendants who are not notified 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 Miksons Transport Company Limited (C 22860), and George Micallef, holder of identity card 622158M, carrying on trade under the name Tom-Mix Transport vs Anthony Stivala, holder of identity card 53784M and Anthony Stivala Company Limited (C 61073), on the 8th January, 2015, the applicants asked the respondents why this Honourable Court should not:
Declare that the respondents are together and in solidum or either of whom to pay the applicants, the sum of fifteen thousand three hundred and three Euro and thirty two cents (€ 15,303.32c), and uphold the other demands in the application.
With costs as demanded and legal interest as demanded against the respondent summoned so that a reference to his evidence be made.
Respondents (two services): ‘Carmen House’, Triq Ross, St Julians.
The Sworn Application in the names Miksons Transport Company Limited et vs Stivala Anthony et, application number 13/15 LM, was deferred to the 17th April, 2015, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
26 Marzu 2015

Notice 558

558
By means of a decree of the 5th December 2014, in the records of the judicial letter number 3124/14, in the names Ahmad Alanabeh vs A.N.S. Limited, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondent A.N.S.. Limited in terms of Article 187(5) of Cap. 12.
In the First Hall of the Civil Court
To A.N.S Limited (C 47356)
138, Triq San Albert, Gżira.
By means of this present judicial letter, Ahmad Alanabeh (ID 26252A) of 39, Eurika Flat 2, Triq Antonio Bosio, Msida, refers to the act of constitution of debt dated 2nd September 2013 in the records of Notary Dr A Micallef solicits you so that you pay the ammount you borrowed amounting to €23,000.
If you do not pay the interpellant shall proceed according to law. This judicial letter is also sent to render the executive title in favour of the interpellant as originating from the same public act above mentioned.
With costs and interest till the date of effective payment.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2015

Notice 559

559
By means of a decree of the 9th June 2014 of the Civil Court First Hall in the records of judicial letter number 659/14, in the names Banif Bank (Malta) plc vs Liberty Fishing Co Ltd et, the following publication was ordered for the purpose of effecting service on the respondents in terms of Article 187(3) et seq of Cap. 12.
In the First Hall of the Civil Court
To Liberty Fishing Co Ltd (C 40845) of 238, Casa Martina, Triq l-Imħallef William Harding, Pembroke, Malta (as debt company) and George Catania, Maria Louisa Catania, Tarcam Co Ltd, Raymond Bonnici and Martin Cachia (ID 95963M) of 238, Casa Martin, Triq l-Imħallef William Harding, Pembroke and/or Faċilità Korrettiva Kordin, Triq Valletta, Raħal Ġdid. (all in surity in solidum with the debt company)
By the present Banif Bank (Malta) plc (C 41030) of 203, Level 2, Rue D’Argens, Gżira, formally solicits you so that within one week from the service of this letter, you pay the total amount of €13,9074.57 representing the amount due as loan given to the debt company in terms of two contracts done between her and the interpellant in the acts of Notary Dr Isabelle Gonzi on the 20th December 2010 and on the 23rd April 2012. Such sum became due to the fact because the debtor company failed to make payments as agreed. The sum due consists of the following:
1. €9,3208.98 due on the Loan Account number 13976971001 which includes €1,552.37 as interestcalculated till the 29th January 2014; and
2. €4,5865.59 due on Loan Account number 13976971002 which includes €546.10 interest calculated till the 29th January 2014.
The applicant is hereby soliciting you so that within the same time limit you also pay the interest from the 29th January 2014 till the date of effective payment, with the rate of 9.5% per annum as per the amount due on the Loan Account number 13976971001and as per the rate of 10% per annum as per the amount due on the Loan Account number 13976971002 and also any charges and fees due to her because of your loan and this according to your agreement with the same interpellant.
In order to avoid unnecessary expenses, you can admit the amount due by means of a public deed. In this case, you are requested so that within the time frame given to you to pay, you inform the applicant.
In default, further proceedings will be initiated against you in Court without any further notice, including the institution of a lawsuit and the issue of the opportune warrants.
So much for your own guidance so that for the last time you are advised on how to proceed and avoid further unecessary expenses.
With costs including those three legal letters dated 12th September 2012, 8th October 2012 and 8th November 2013.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2015

Notice 560

560
By means of a decree of the 19th December 2014, in the records of the judicial letter number 3183/14, in the names Hugo Chetcuti vs Footloose Catering Limited et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et seq of Cap. 12.
In the First Hall of the Civil Court
To 1. Footloose Catering Limited (C 10695) of Sinners in Heaven, Saint George’s Road, Paceville.
2. Fabio Grima (ID 206173M) of 193, Triq Vincenzo Ciappara, Mellieħa.
3. Raymond Grima (ID 34071M) of 170, Triq il-Fortizza, Mellieħa.
By means of this present Hugo Chetcuti (ID 104487M) of Hugo’s Lounge, St George’s Road, Saint Julians, while making reference to the judicial letters filed by St. George’s Park Company Limited in respect of the respondent Footloose Catering Limited (and on some occasions also in respect of the applicant and others) on 6th May 2005, on 8th August 2005, on 20th July 2009 and 20th May 2014, and while making reference as well to procedeeings filed by the same company St George’s Park Company Limited against the respondent Footloose Catering Limited and pending before the First Hall of the Civil Court (writ of summons number 104 / 06AF) - in each case with regard to the shop today called ‘Sinners in Heaven’, in Saint George’s Road, Paceville - is presently warning you so that with immediate effect you stop your actions as respondent Footloose Catering Limited as principal debtor of the aforementioned company St George’s Park Company Limited and the conduct of the respondents Fabio Grima and Raymond Grima as directors of the defendant company Footloose Catering Limited whereas:
1. You are refusing to release the possession of the aforementioned shop in favour of St. George’s Park Company Limited, as the owner of the same shop, in view of the termination of the lease of the same shop by virtue of the judicial letter above mentoned of the 8th August 2005, in terms of article eight (8) of the lease agreement of the above mentioned premises of 19th July 1989; and at the same time.
2. You are in default of payment, and namely you are in default of offering to pay and in case of refusal of depositing under the authority of the competent court, the due rent (or the rent that is claimed to be due) by you according to the lease agreement for the aforementioned premises of 19th July 1989, even if such payment or deposit is done without prejuidce to your claims in the proceedings which are pending before the First Hall of the Civil Court (writ of summons number 104/06AF)
The applicant warns you that your behavior is of great prejudice to him because St George’s Park Company Limited is claiming that the applicant is a surety of all the obligations of the defandant company Footloose Company Limited, both for the payment of arrears of rent and for the arrears of the penalties claimed by the same company St George’s Park Company Limited from the defendant company Footloose Company Limited – and this in a substanial amount which has already exceeded €1,000,000.
Accordingly, the applicant, whilst bringing all of the above to your formal notice, and whilst warning you so that with immediate effect, you honour or ensure that all your obligations, both contractual and legal, are punctually honoured, is presently soliciting you so that with immediate effect you release him from the claims of St George’s Park Company Limited in his regard and provide adequate evidence to the effect that you, or any one of you, can make good for the claims of St George’s Park Company Limited so that the same applicant is released from any responsibility in this regard.
In the event that you fail to do what is being requested from you in this letter, you are warned that the applicant will not have any other optin but to proceed against you with any opportune action without any other prior notice.
So much for your own guidance and so that you may come in line immediately.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2015

Notice 561

561
By means of a decree of the 16th March 2015, in the records of the judicial letter number 1783/14, in the names United Acceptances Finance Ltd vs Ruben Galea et , the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et seq of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Ruben Galea (ID 417676M) of 21, Casa Rimond, Rimona Street, Mosta and RG Motors Ltd (C 33275) of 21, Casa Rimond, Rimona Street, Mosta, on the 9th May 2014, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to thirteen (13) bills of exchange signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked with numbers 20 to 32.
The interpellant calls upon so that within two day you pay the sum of €3,588 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourselves.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
27 Marzu 2015

Notice 562

562
By means of a decree given, by the Civil Court (Family Section) on the 25th February 2015, in the records of the Application, in the names Spiridiona sive Diana vs Darmanin Alfred, application number 62/14 AL, the following publication was ordered for the purpose of sevice of the respondent, in terms of Article 187(3) et seq. of Cap 12.
By means of an Application, filed, in the Civil Court (Family Section) in the names Spiridiona sive Diana Darmanin (ID 253470(M) vs Alfred Darmanin (ID 134873M) on the 24th February 2014, the applicant Spiridiona sive Diana Darmanin, asked this Honourable Court;
1. To pronounce the dissolution of the marriage between the parties, decide that the applicant revert to her maiden surname, namely Abela and uphold the other demands in the application, amongst which that the Director Public Registry be notified with the dissolution of the marriage.
Applicant: 14, Chantis, Triq Ġużeppi Pace, Żabbar.
Respondent; 126, Triq il-Biċċieni, Żabbar.
TheApplication in the names Darmanin Spiridiona sive Diana vs Darmanin Alfred, application number 62/14 AL, has been deferred to the 7th May 2015, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals.
27 Marzu 2015

Notice 563

563
IT IS hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 24th March, 2015, and this after a written plea Numbered 26/2015, Ordered:
The correction of the Act of Birth of Karl Busuttil, bearing number 814 of the year 1981, under the column entitled “Name or names by which the child is to be called”, after the name “KARL”, the name “MARK” is to be added.
Janet Calleja
f/Registrar Court of Revision of Notarial Acts
27 Marzu 2015