Court Notices published in Govt. Gazette No. 19,510 of 11 December 2015
Notice 2046
2046Bymeans of a decree given by the First Hall Civil Court, on the 29th October2015, in the records of the Sworn Application, in the names Deguara Victoria etvs Calleja Francesco et, application number 514/14 AF, the followingpublication was ordered for the purpose of service of all the presumptive heirsof Francesco Calleja, ‘Dar il-Ħolma’, Triq l-Fuħħar l-Aħmar, Żebbiegħ, Mġarr,in terms of Article 187(3) et. seq. of Cap. 12.
By means of a Sworn Application presented in the FirstHall Civil Court, in the names Victoria Deguara (ID 541328M), Carmelo Mifsud(ID 181272M), Josephine Azzopardi (ID 425757M), Angela Azzopardi (ID 314255M),Angela Bartolo (ID 862950M), Mary Borg (ID 745548M), Catherine Scicluna (ID361344M), Carmel Schembri (ID 361947M), Anthony Schembri (ID 175953M) andJoseph Schembri (ID 61845M) against Francesco Calleja and by a decree of theCourt of the 8th April 2015, the Court upheld the request in the records of thecause so that the records be transferred on to the name of Grace, wife ofCharles Camilleri (ID 396071M) and Frankie Calleja, and for all intents andpurposes it is declared that the respondent Frankie Calleja is being notifiedwith this publication only as presumptive heir of Francesco Calleja as he wasalso summoned in this cause as defendant for any interest he may have, and hehas filed his reply.
Invirtue of this application above mentioned in the names Victoria Deguara et vsFrancesco Calleja et, filed in the First Hall Civil Court, on the 16th June2014, the applicant Victoria Deguara et asked this Honourable Court:
1.To declare and decide that the defendants or either of them by their actionsmolested them in the possession of the field situated in Żebbiegħ, limits ofMġarr, Malta, of the area of circa one tumolo, which borders on the West withproperty of Roger Strickland, on the North East and on the West with an alleyby deeds made less than one year before the presentation of this cause, anduphold the other demands in the application, amongst which that the applicantsbe authorised to carry out the necessary works to be re integrated in thepossession of the field above mentioned.
Withcosts against the defendants summoned so that a reference to their evidence bemade.
TheSworn Application in the names Deguara Victoria et vs Calleja Francesco et,application number 514/14 AF, has been deferred for hearing to the 13th January2016, at 9.00 a.m.
Applicant:Victoria Deguara et, 48, Main Street, Naxxar.
Defendants:Frankie Calleja, ‘Dar il-Ħolma’, Triq il-Fuħħar l-Aħmar, Żebbiegħ, Imġarr.
GraceCamilleri, 33, Triq tal-Fjuri, San Pawl il-Baħar.
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 2047
2047Bya decree given by the CIVIL COURT FIRST HALL on 2nd December, 2015, on theapplication of APS BANK LIMITED (C 2192), Thursday, 14th January, 2016 at noon(12.00 p.m.) has been fixed for the SALE BY AUCTION to be held in THE FIRSTFLOOR OF THESE COURTS OF JUSTICE, REPUBLIC STREET, VALLETTA of the followingproperty:
Fourplots marked numbered five (5) and six (6), in Triq il-Gudja, and numberedeleven (11) and twelve (12), in Triq Dun Marcell Mallia, Ħal Għaxaq, formingpart of the field known as ‘Tan-Neider’, in Ħal Għaxaq, bounded on the North inpart by Triq il-Gudja, and in part with property of the successors in title ofAnthony Scicluna, on the East in part by Triq Dun Marcel Mallia, and in part byproperty of the successors in title of Anthony Scicluna, and on the West byproperty of Agostino Camilleri, superficially measures of seven hundred andninety five metres squared (795 m²), valued at eight hundred and fifty thousandEuro (€850,000).
Thesaid tenement is the property of Joseph Azzopardi (ID 21443M) and AntoniaAzzopardi (ID 301747M).
N.B.The said tenement will be sold as described in the acts of the judicial salenumber 39/15.
Marvic Farrugia
Forthe Registrar of Civil Courts and Tribunals
Notice 2048
2048Bymeans of a decree given by the First Hall Civil Court, on the 27th October2015, in the records of the Protest in the names HSBC Bank Malta plc (C 3177)vs A3 Ltd et, number 325/15 LM, the following publication was ordered for thepurpose of service of the company Samirjess Limited (C 30716) in terms ofArticle 187(3) et. seq. of Cap. 12.
Inthe First Hall Civil Court
HSBCBank Malta plc (C 3177)
vs
(1)A3 Limited (C 35721);
(2)Samirjess Limited (C 30716);
(3)Tarsons Limited (C 16271);
(4)Island Developments Limited (C 18772);
(5)Mizzi Ventures Limited (C 16196);
(6)AGM Gozo Limited (C 65111).
Protestof the company HSBC Bank Malta plc
Respectfullypleads:
Thatthe protesting company is a creditor of the respondent companies A3 Limited andSamirjess Limited, Island Developments Limited, Mizzi Ventures Limited and AGMGozo Limited, as surety in solidum in the sum of €1,345,208.25, balance of alarger sum, besides legal interest from the 14th May 2015, till the date ofeffective payment, according to a contract of loan in the records of NotaryCarmel Mangion, dated 21st July 2007, which contract is secured by hypothecsnumber and special privilege number 13231/2006.
That by means of a contract in the records of NotaryMalcolm Mangion, dated 6th June 2008, the protesting company Tarsons Limitedacquired from the respondent company Samirjess Limited, the apartmentinternally marked with number 510, situated at the fifth level of apartments,together with the closed garage at the level of minus 3, unofficially markedwith number D1, forming part of a block of building with the name ‘Tower A3’,forming part of a complex of building with the name of three buildings, in TriqNinu Cremona, and Triq l-Arkati, Paola, for the price of €116,468.67. This salewas registered in the Public Registry by means of Note of enrolment number12136/2008, as corrected by means of Note of Enrolment number 4122/2008.
Thatthis situation is of great prejudice to the interests of the interpellantcompany.
Thusthe protesting company whilst bringing the above to the formal notice of thisHonourable Court and the respondents, calls upon the respondent companies A3Limited, Samirjess Limited, Island Developments Limited, Mizzi Ventures Limitedand AGM Gozo Limited, as sureties in solidum to pay the debt above mentionedand the respondent company Tarsons Limited, to pay the debt or release thepremises acquired by it as above mentioned in terms of Article 2072 of theCivil Code and whilst notifying you that in default the protesting party shallpass on to enforce its rights according to law by means of the present judicialprotest it is holding the respondents responsible for all the damages it issuffering and it may suffer and from now puts you in a state of dolo, moro andculpa for all intents and purposes of law.
Withcosts.
ProtestingParty: 32, Merchants Street, Valletta.
Respondent:(1) ....omissis....
(2)Samirjess Limited, Għall-Kwiet, Triq il-Luq, Iklin.
(3)....omissis....
(4)....omissis....
(5)....omissis....
(6) ....omissis....
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 2049
2049Bymeans of a decree given by the First Hall Civil Court, on the 29th October2015, in the records of the Sworn Application in the names Muscat Joseph vsCaligari Rita, application number 967/15 LSO, the following publication wasordered for the purpose of service of the respondent Rita Caligari in terms ofArticle 187(3) et. seq. of Cap. 12.
Bymeans of a Sworn Application filed in the First Hall Civil Court, in the namesJoseph Muscat (ID 411860M) vs Rita Caligari (ID 885152M), on the 13th October2015, application in terms of Article 258 of Cap. 12 of the Laws of Malta, theapplicant Joseph Muscat respectfully pleaded:
Thatby means of a judgement of the Honourable Commercial Court, in the names JosephMuscat vs Rita Caligari (Writ of Summons number 1312/94 AJM), of the 12thOctober 1994, the applicant was declared a creditor of the respondent RitaCaligari, in the sum of thirteen thousand three hundred ninety Euro and thirtyeight cents (€13,390.38) as capital, with interest according to the same andthe judicial expenses which amount to five hundred and fifty five Euro andsixty six cents (€555.66) (including VAT) according to the taxed bill.
Thatthe respondent paid only one thousand one hundred sixty four Euro and sixtynine cents (€1,164.69) from the amount due.
Thatmore than ten years lapsed (10) from the date of the said judgement and it hasnot been executed, that the applicant thus prays that he be authorised by thisHonourable Court to execute against the respondent, the said judgement given bythe Honourable Commercial Court, on the 12th October 1994, for the sum of(€12,225.69) and judicial expenses of (€555.66) besides legal interest till theeffective payment.
Applicant:Joseph Muscat, 92, ‘Misty’, Triq il-Port Ruman, Marsaxlokk.
Respondent:Rita Caligari, Flat 8, St Julian’s Court, Block B, Triq is-Sur Fons, StJulians.
TheSworn Application in the names Muscat Joseph vs Caligari Rita, applicationnumber 967/15 LSO, has been deferred for hearing to the 26th January 2016, at9.30 a.m.
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 2050
2050Bymeans of a decree given by the First Hall Civil Court, on the 24th September2015, in the the records of the Warrant of Eviction, in the names LeonardoPolidano et vs Salvatore Cutajar, number 666/15, the following publication wasordered for the purpose of the respondent Salvatore Cutajar in terms of Article187(3) et. seq. of Cap. 12.
By means of an Application presented in the First HallCivil Court, in the names (Applicant) Leonardo Polidano (ID 714047M) and hiswife Maria Carmela, known as Marika Polidano (ID 442850M) vs (Respondent)Salvatore Cutajar (ID 375142M), son of Joseph and Carmela née Grima, born inĦal Kirkop and residing in Salini, limits of Naxxar, the applicants LeonardoPolidano et asked this Honourable Court:
Toorder the issuing of a Warrant of Eviction against the respondent (from theunder mentioned premises) in execution of the under mentioned judgement andwhereas the respondent failed to do this till this day.
Premises:9, ‘Verdemare Park’, number 5, Triq il-Bajja, Salini.
Judgement:since the premises was adjudged in favour of the applicants following judicialsale number 112/12 and bought animo compensandi as approved by a decree givenon the 9th April 2015.
Filedby PL G. Bonello
Warrantof Eviction
Republicof Malta
Tothe Court Marshall
Givenby the Civil Court First Hall above mentioned with the witness of the Hon.Justice Jacqueline Padovani Grima, LLD, LLM (IMLI), Doctor of Laws.
Respondent:5, Verdemare Park, Flat 9, Salini Coast Road, limits of Naxxar.
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 2051
2051ITIS BEING NOTIFIED that by a decree dated 23rd November 2015, given by the Courtof Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr AntonioMicallef Trigona, LLD), after an application filed by Zdravko SvilenovMilouchev on the 23rd October 2015, and in virtue of a judgement given on the 9thMarch 2009, Compilation Number 1123/2005 in the case:
ThePolice
(InspectorIan Joseph Abdilla)
Versus:
ZDRAVKOSVILENOV MILOUCHEV, 44 years, son of Svilen Davidov and Galia AssenovaMilouchev née Pilcheva, born in Dospat, Bulgaria, on the 21st March 1971,residing at number 7, Archidea, Block A, Flat 3A, Carmen Mallia Street, SanĠwann, Malta, and holder of Identity Card number 21883A.
ORDEREDTHE CANCELLATION of the freezing order of all the assets of the said ZDRAVKOSVILENOV MILOUCHEV, which order was given by the Court of Magistrates (Malta)as a Court of Criminal Inquiry by a decree dated 22nd December, 2005 andpublished in the Government Gazette on the 6th January, 2006.
Thisorder is being published according to Article 5(6) of Cap. 373 of the Laws ofMalta.
Marvic Psaila
DeputyRegistrar Criminal Courts and Criminal Tribunals
Notice 2052
2052Bya decree of the Court of Magistrates (Malta) of the 16th November 2015, thepublication of the following extract was ordered for the purpose of service interms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap.12).
Bankof Valletta plc (C 2833) of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190, filed aClaim on the 31st August 2015, whereby they asked the Court to condemn EmanuelAzzopardi (ID 248162M), of Azzopardi Woodworks, Triq San Ġwann, Ħal Kirkop,and/or 7, Triq San Ġwann l-Għammied, Rabat, and Mary Doris Azzopardi, to paythe plaintiff company the sum of €6,625.18 which amount is due to the plaintiffcompany.
Withcosts and interests.
Thecase (Notice Number 260/15FDP) is deferred to the 18th January 2016 at 9.00a.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Notice 2053
2053Bya decree of the Court of Magistrates (Malta) of the 3rd December 2015, thepublication of the following extract was ordered for the purpose of service interms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap.12).
MobisleCommunications Limited (C 24655) of Fra Diego Street, Marsa, filed a Claim onthe 12th August 2015, whereby they asked the Court to condemn Martin AndrewSteven (British Passport 501412813), of Flat 9, Jean Rose Apartments, Triqil-Majjiera, Qawra, to pay the plaintiff company the sum of €7,156.57 whichamount is due to the plaintiff company.
Withcosts and interests.
Thecase (Notice Number 241/15CSH) is deferred to the 13th January 2016 at 9.00a.m.
Alexandra Debattista
Forthe Registrar Civil Courts and Tribunals
Bann for Curators
2054Republicof Malta
Tothe Court Marshall
Bymeans of a decree given by this Court, on the 18th November 2015, following arequest of Bonaventura, sive Arthur Farrugia noe, it was ordered that DeputyCurators be chosen to represent the inheritance of Carlotta Bonavita, in therecords of the Schedule number 1700/2015, in the names Bonaventura, sive ArthurFarrugia noe vs Deputy Curators and in the relative and subsequent acts.
Bymeans of a Schedule of Redemption of Groundrent filed in the First Hall CivilCourt, in the names Bonaventura, sive Arthur Farrugia, son of the late Josephand Carmela née Borg, born in Ħal Lija and residing in Naxxar, holder ofidentity card 100654M, on behalf and in representation of the company StencilPave Limited (C 30019) vs ... as Deputy Curators to represent the inheritanceof Carlotta Bonavita, widow of Giuseppe Maria, born in Ħ’Attard and residing inValletta, on the 17th November 2015, the company Stencil Pave Limitedrespectfully pleaded:
Thatby means of a contract dated 14th October 2002, in the records of Notary FionaArmeni, the interpellant company purchased and acquired from the companyStencil Pave (Malta) Limited (C 19455) the tenement in Gżira, ImmaculateConception Street, number five (5), named ‘Lina’, underlying property of thirdparties, as subject to the annual and perpetual groundrent of (€4.66).
Thatthe said tenement was built by a certain Albert Grixti on part of the fieldcalled ‘Ta’ Cleili’, in the vicinity of ta’ Bieb il-Ġzira, which he took onperpetual emphyteusis from Ms Carlotta Bonavita, by a deed of Notary SalvatoreBorg Olivier, of the 2nd March, 1931.
Thatby a contract of the 6th October 1960, Joseph Debattista sold and transferredthe perpetual subutile dominium of the same tenement to Vincenza Sultana, whichtenement was subject to the perpetual subgroundrent of €7.57 due as for €4.66to the heirs of Carlotta Bonavita as original groundrent and the remaining(€2.91) to Joseph Debattista as increase of perpetual groundrent.
Thatby another contract in the records of Notary Victor Bisazza, dated 7th March1979, Joseph Sultana, on behalf and in the interest and as mandatory of hismother Vincenza Sultana, redeemed from Joseph Debattista the increase ofperpetual groundrent due to him, so that there remains due the originalgroundrent on the tenement in question till this was bought by the interpellantcompany.
Thatthe interpellant company wishes to avail itself of the faculty granted to it byArticle 1501 of the Civil Code (Cap. 16 of the Laws of Malta), and is thusdepositing under the Authority of this Honourable Court, the global amount of(€93.20) which represents the original groundrent of (€4.66) capitalised at 5%original groundrent to be freely withdrawn by the respondents or theirsuccessors after the due receipt according to law is left.
Interpellants:‘Bonri’, Sejjieħ Street, Naxxar.
Services:Director Public Registry, Triq il-Merkanti, Valletta.
LandRegistrar, Casa Bolino, 116, Triq il-Punent, Valletta.
Youare therefore ordered to affix an official copy of this bann at the entrance ofthis Superior Court, and to summon whosoever wishes to act as curator to appearbefore this Registry within six days and by means of a minute to submit adeclaration that he wishes so to act.
Youare also ordered to inform each one that if he fails to make this declarationwithin the stipulated time, the Court will proceed to the selection of Curatorsof Office.
Andafter so acting, or if you should encounter any difficulty in the execution ofthis bann, you are to inform forthwith this Court.
Givenby the Civil Court First Hall above mentioned with the witness of the Hon.Justice Silvio Meli, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
Forthe Registrar Civil Courts and Tribunals
Notice 2055
2055ITIS BEING NOTIFIED that by a decree dated 7th December, 2015 given by the Courtof Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate DrJosette Demicoli, LLD) Compilation Number 284/2015 in the case:
ThePolice
(InspectorGabriel Micallef)
Versus:
MARGARETBORG, 67 years, pensioner, daughter of the late Anthony and Carmela née Vella,born in Kalkara, Malta, on the 17th of July 1948, residing at number 1,Margaret, St Filomena Street, Kalkara, Malta, and holder of Maltese IdentityCard bearing number 630748M.
ORDEREDthe attachment in the hands of third parties in general of all monies and othermovable property due to or pertaining or belonging to MARGARET BORG, andprohibits the said accused from transferring, pledging, hypothecating or otherwisedisposing of any movable or immovable property and this according to Article22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta in accordancewith Article 23A of Cap. 9 of the Laws of Malta.
AUTHORISED that the accused Margaret Borg can receive theamount which will not exceed thirteen thousand, nine hundred and seventy six Euro and twenty four cents (€13,976.24)per year as salary, wages, pension or social benefits.
Marvic Psaila
DeputyRegistrar Criminal Courts and Criminal Tribunals (Malta)