Mur Lura
Court Notices published in Govt. Gazette No. 19,410 of 14 April 2015
01/01/2015
Warrant of Prohibitory Injunction
621By means of a decree given by the First Hall Civil Court, on the 26th March, 2015, in the records of the Warrant of Prohibitory Injunction, in the names Bank of Valletta plc vs Mallia Joseph, application number 450/15 LSO, 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 an Application filed in the First Hall Civil Court, in the names (Applicant) Bank of Valletta plc (C 2833) against (Respondent) Joseph Mallia, in business, son of Domenic and Maria Concetta née Shields, born in Paola and residing in Imġarr, Malta, holder of identity card number 867853M, on the 17th March, 2015, the applicant Bank of Valletta plc (C2833) respectfully pleaded:
That the applicant in order to secure its credit hereunder mentioned against the respondent humbly prays this Honourable Court to order the issuing of a warrant of prohibitory injunction against the respondent so that he be witheld from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title the property, and in particular:
The divided portion of the field known as ‘Tal-Kalkara’, which land is a ‘green area’, known also as ‘Tad-Daħla’, which is situated in the vicinty of ‘Tal-Kalkara’, in the limits of Ħad-Dingli, Malta, of the area of circa two thousand three hundred seventy point two two square metres (2,370.22 square metres), and borders on the South East with land of Joseph Mallia, on the North with property of the successors in title of Don Santo Depiro D’Amico Inguanez, on the North West with another divided portion of the same land granted in perpetual emphyteusis to Joseph Abela or his successors in title or more correct boundaries, which land is edged in blue on a site plan hereby attached and marked Doc. letter ‘X’ and this because:
1. That in the contract in the records of Notary Dr Charles Vella Zarb, dated 21st November, 2008, the applicant company conceeded banking facilities to Joseph Mallia.
2. That the plaintiff company is a creditor of the defendant Joseph Mallia, in the sum of thirty five thousand four hundred ninety five Euro and eleven cents (€35,495.11), balance of debt in the in the ‘Loan and Overdraft Accounts’ of Joseph Debattista with the Bank of Valletta plc together with further interest from the 9th January, 2015, till the date of effective payment.
3. That by means of a Sworn Application filed together in the Public Registry of this Honourable Court, the applicant is asking that the respondent be condemned to pay the sum above mentioned.
4. If the respondent passes on to transfer the immovable above mentioned, the credit of the applicant shall be prejudiced.
Thus, the applicant humbly prays that this Honourable Court orders the issuing of a warrant of prohibitory injunction against the respondent.
Credit: The sum of thirty five thousand four hundred ninety five Euro and eleven cents (€35,495.11), together with further interest, from the 9th January, 2015, till the date of effective payment.
Title: Balance of debt in the ‘Loan and Overdraft Accounts’ of Joseph Debattista, with the Bank of Valletta plc.
Sgd. Adv. Dr Dominic A. Cassar.
Confirmed before me under oath after I read its contents, and in the presence of today 17th March, 2015, filed by PL J. Borg Costanzi.
Republic of Malta
Court Warrant
To the Court Marshall
Whereas the above application was filed, and there recur the necessary elements required according to law for the undermentioned orders.
And after doing this, or if you encounter any difficulty in the execution of this warrant, you are to inform this Court forthwith.
Given by the Civil Court First Hall with the witness of the Madame Justice Lorraine Schembri Orland, LLD, Doctor of Laws.
Applicant: Bank of Valletta plc, 1/5, Misraħ San Ġorġ, Valletta.
Respondent: Joseph Mallia, Farmhouse Ta’ Narut Binġemma, Fort Nadur, limits of Imġarr, Rabat, Malta.
Notify: 1. Director Public Registry, West Street, Valletta.
2. Land Registrar, West Street, Valletta.
The Application Warrant of Prohibitory Injunction in the names Bank of Valletta plc vs Mallia Joseph, application number 450/15 LSO, has been deferred for hearing to the 16th April, 2015, at 11.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 622
622By a decree of the Small Claims Tribunal, of the 12th 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).
Elmo Insurance Limited (C 3500), of Abate Rigord Street, Ta’Xbiex, filed a Claim, on the 7th January, 2015 whereby they asked the Tribunal to condemn Francesca Fenech (ID 351551M), of Flat 8, Dolphin Court, Triq Giuseppe Despott, San Pawl il-Baħar, to pay the plaintiff company, the sum of €3454.63, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 12/15VG) is deferred for the 15th April, 2015 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 623
623By means of a decree of the 20th March, 2015, of the Civil Court First Hall, in the records of judicial letter number 3660/14, in the names Anthony Catania et vs Charles Vella Rapa, 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: Charles Vella Rapa (ID 125876M), of 34, Flat 10, Triq il-Markiż Zimmerman Barbaro, Tas-Sliema.
By the present, Anthony and Doris, spouses Catania, identity card holders with numbers 241445M and 605348M respectively of Block 2, Mayflower, Flat 1, Triq Bisazza, Tas-Sliema, whilst refering to the agreement which is not dated but which was signed in October, 2009, regarding the operation agreement of the premises in Triq Bisazza, Tas-Sliema, (in actual fact Bisazza Lane, Tas-Sliema), the interpellants are soliciting you to come forward to rescind the agreement signed beteween you since the agreement does not have the elements requested such that the agreement can be considered valid, and in addition, the second party to the agreement has entered into this agreement in bad faith since till today the conditions of the agreement have not been complied with as agreed and no payment has been made.
Accordingly, the interpellants formally solicit you so that within one week from the service of this judicial letter, you come forward to rescind the said agreement signed between you in October, 2009, and return the keys of the premises, and in default, the interpellants formally inform you that they will proceed against you judicially.
With costs and with full reservation of their right to claim damages according to law. This judicial letter is being made inter alia according the provisions among others of Cap. 12 and 16 of the Laws of Malta.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals