Mur Lura
Court Notices published in Govt. Gazette No. 19,582 of 27 May 2016
01/01/2016
Notice 832
832By a decree given on the 16th May 2016,by the Civil Court First Hall, the Court ordered that the extract hereundermentioned be published for the purpose of service according to Article 187 (3)of the Code of Organisation and Civil Procedure (Cap. 12).
By the application filed in the CivilCourt First Hall on 24th September, 2015 by Bank of Valletta plc (C2833), file58/15 in the names Bank of Valletta plc C2833 vs Maria Dolores Grech et isbeing asked that the Court orders the Sale by Auction of the:
Garage without official number named‘Mars’, in Triq Bajjada formerly known as New Street in Triq Isouard,Marsawhich garage is bounded on the west with the mentioned street, from the northwith the property of Oscar Grech or its successors in title, subject to itsshare of annual and perpetual ground rent of forty-six and seventy-three Euro(€46.73), which rent is due on the part of the ground where the garage isbuilt, free and unencumbered, with all its rights and appurtenances.
The said tenement is the property ofMaria Dolores Grech, K.I. 66543M, Maria Carla Drago, K.I. 45969M u AlexiaCamenzuli, K.I. 234878M
RudolphMarmarà
For the Registrar, Civil Courts andTribunals
Notice 833
833By means of a decree of the 10th Marzu2016 handed down by the Court of Magistrates (Malta) in the records of thejudicial letter number 2650/2015 in the names Automated Revenue ManagementServices Limited vs Alfred Galea the following publication was ordered for thepurpose of effecting service in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Alfred Galea (ID 70270M) of 58, TriqSanta Katarina, Qormi.
By the present, Automated RevenueManagement Services Limited (C 46054) of Gattard House, National Road, Blatal-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and WaterServices Corporation, notifies you with the attached sworn declaration markedas Document A, for all the purposes and effects of Article 466 of Cap. 12 ofthe Laws of Malta and solicits you to pay the amount of €2,771.71 which amountis sure, liquid and due and respresenting the balance due for the consumptionof water and electricity, rent of water and electicity meter, administrativecosts, connection and disconnection fees, together with interest due on theAmount, regarding the bill holding number 101000079456 of the premises withaddress 57, Triq it-Tlieta u Għoxrin t’April, Qormi, which amounts to €2,771.71.
Despite several solicitations by theapplicant company for the payment of the amount due, you remained in defaultand did not pay till the day of the filing of this judicial letter. Inaddition, there is no valid reason for your failure to pay and you nevercontested the Amount due.
This act is being sent to you for allthe purposes and effects of law and in default of payment or opposition on yourpart within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, theapplicant company shall proceed to enforce this credit according to law.
With costs.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
Notice 834
834By means of an application filed in theCivil Court of Voluntary Jurisdiction Section, on the 21st April 2016,Application number 396/2016 by Gino, Father Aurelio, Father Mario, Sergio andUmberto all brothers Mule Stagno whereby they prayed that it be declared openin their favour in equal shares between them, the SUCCESSION of their brotherRinaldo sive Aldo Mule Stagno, bachelor, son of the late Victor and Candida néeBrightwell, born in Floriana, resided in Naxxar and died in Tal-Qroqq, Imsidaon the 22nd December 2015 aged 53, holding identity card number 0226762(M)intestate.
Wherefore any person who considers tohave an interest in the matter is hereby called upon to appear before the saidCourt and to bring forward his objections hereto by a minute to be filed withinfifteen days from the posting of the banns and notices according to law.
AlexandraDebattista
For the Registrar Civil Court andTribunals
Notice 835
835By means of an application filed inCivil Court of Voluntary Jurisdiction Section, on the 25th February 2016,Application number 191/2016 by Mary Stafrace and others, where Maria RosariaCamilleri, widow of Vincent Camilleri, holding identity card number 633127(M)was interdicted by means of a decree given on the 5th May 2016.
AlexandraDebattista
For the Registrar Civil Courts andTribunals
Notice 836
836By means of an application filed inCivil Court of Voluntary Jurisdiction Section, on the 3rd March 2016,Application number 220/2016 by Alfred, Carmen, Rita and Mary brothers andsisters Vassallo, where Joseph Vassallo residing at SJ8 Ward, St Vincent dePaule Residence, Ħal Luqa, holding identity card number 302628(M) wasinterdicted by means of a decree given on the 3rd May 2016.
AlexandraDebattista
For the Registrar Civil Courts andTribunals
Notice 837
837In the First Hall of theCivil Court
In the records of JudicialSale by Auction number
165/04 in the names:
Bank of Valletta p.l.c.
vs
Mexico Garage Rent-A-CarCompany Limited
Honourable Mr Justice Dr.Mark Chetcuti LL.D
The Court,
Following the adjudicationof Tuesday, 15th March, 2016 for the hereunder mentioned property belonging toMexico Garage Rent-A-Car Company Limited mentioned in the same Judicial Actsnamely:
1. The temporary utiledominium for the remaining period from 150 years commencing on December 1933 oftenements numbered 21 and 27 in Zimelli Street, Hamrun including a back yardaccessible from both tenements as being subject to the annual and temporaryground rent together valued €260,890.
2. The temporary utiledominium for the remaining period from 150 years commencing on December 1933 oftenement numbered 23 in Zimelli Street, Hamrun as being subject to the annualand temporary ground rent together valued €111,810.
3. Tenement numbered 68, inZimelli Street, Hamrun valued at €67,552.
4. Garage unofficiallymarked 1, Pioneer Road, St. Paul’s Bay underlying flat internally market 1forming part of a block of flats known as Howard Building Block A valued at€158,397.
5. Ground floor garageaccessible from Paul Schembri Street, Tarxien and underlying garage situated inbasement level from Triq ix-Xintill, Tarxien together valued at €97,834.
Whereas Jane Pace (ID126785M) interrupted the fifteen day statutory time limit by entering; (1) abid of €22,600 for the temporary utile dominium for the remaining period from150 years commencing on December 1933 of tenements numbered 21 and 27 inZimelli Street, Hamrun including a back yard accessible from both tenements asbeing subject to the annual and temporary ground rent together, (2) a bid of€12,365 for the temporary utile dominium for the remaining period from 150years commencing on December 1933 of tenement numbered 23 in Zimelli Street,Hamrun as being subject to the annual and temporary ground rent, (3) a bid of€72,105 for the tenement numbered 68, in Zimelli Street, Hamrun (4) a bid of €15,455for the Garage unofficially marked 1, Pioneer Road, St. Paul’s Bay underlyingflat internally market 1 forming part of a block of flats known as HowardBuilding Block A (5) a bid of €10,305 for the Ground floor garage accessiblefrom Paul Schembri Street, Tarxien and underlying garage situated in basementlevel from Triq ix-Xintill, Tarxien.
The Court therefore decreesand appoints Tuesday, 6th September, 2016 from 9.00 a.m. to twelve noon, forthe final Sale by Auction and Adjudication of the afore-mentioned property,which Sale is to be held in the first floor of these Courts of Justice,Republic Street, il-Belt Valletta.
The Court hereby ordersthat a copy of this decree be served on the execution creditor, the executiondebtor, the purchaser and the last bidder.
Hon. Judge Mark Chetcuti,LLD
MarvicFarrugia
For the Registrar, CivilCourts and Tribunals
Notice 838
838By means of a decree given, by theCourt of Appeal, on the 23rd January 2015, in the records the Appeal Application,in the names Cyril Edwin Buckland et vs Martin Abdilla et, Appeal Applicationnumber 121/09 AE, Claim Number 121/09 DMA, the following publication wasordered for the purpose of service of the respondents Cyril Edwin Buckland(19714A) and Christine Buckland (1713A), in terms of Article 187(3) et seq. ofCap. 12.
By means of an Appeal application,filed, in the Court of Appeal, Claim Number 121/09 DMA, in the names CyrilEdwin Buckland (ID 19714A) and Christine Buckland (1713A) on the 29th October2014, the applicants Martin and Angela spouses Abdilla, respectfully pleaded;
1. That by means of a judgement givenin the names premised on the 9th October 2014, the Honourable Small ClaimsTribunal(1) upheld the plaintiff’s demands limitedly for the amount of onethousand euro (€1,000) and condemn the defendants to pay the sum of (€1,000) tothe plaintiff with legal interest from the date of the judgement till theeffective payment, 2) as regards the counter-claim declare that the defendantappellants filed a document which exceeds the limit of the Tribunal and thusthe Tribunal is not competent to decide on the counterclaim.
2.That in the judgement appealed theTribunal did not express itself as regards the head of costs.
3. That the fact in brief which broughtabout the present Appeal are the folowing:
i.That the parties are the owners ofthe properties overlying each other as described in this application.
ii.That the dispute which brought aboutthe case in First Instance was tied to the percolation of water both in thetrenement property of the respondent plaintiffs, as well as the garage on theleft property of the appellants.
iii.That the respondent plaintiffalledged that the percolation of water was coming from the overlying appartmentproperty of the appellants...omissis.. whilst the appellants alleged that thepercolation of water in their garage was coming directly from the overlyingtenement or rather property of the respondents.
iv.That the respondents in FirstInstance thus asked the defendant appellants to pay the sum of (€1,591.82)including VAT, as damages and damages caused by the percolation of water whichis coming from the overlying premises property of the plaintiffs.
v. That the appellants in reply pleadedin the first place that the action is prescribed in terms of Article 2153 ofCap. 16 of the Laws of Malta, regarding the merit, that the defendants are notresponsible for the damages allegedly suffered by the plaintiffs since there isno percolation of water from the apartment of the defendants to the apartmentof the plaintiffs.
vi.That the appellants in theirreconvention asked the respondent plaintiffs to be held responsible for theliquidation and payment of damages suffered by them as a result of thepercolation of water from the tenement of the respondents on to the underlyinggarage of the defendants which damages do not exceed (€3,494.06).
3. That the appellant defendants feltaggrieved by that judgement of the 9th October 2014, decided in their regardfrom which they are filing this Appeal. That the grievances of the appellantsare three (3) clear and manifest and consist in the folowing;
Lack of Equity.
i. That the appellants are surprisedhow the Tribunal from all the documents exhibited completely avoided the onlyexpert report which was made Architect Kevin Bencini A&CE, who factuallyacceded in all the properties merit of the case to make his technicalconclusions.
ii.That this report was not superficialbut an analitical one which even examined the screed under the tiles of theappellant’s apartment in order that it be established whether there was anindication of water which flows under the tiles.
iii. That this report is to beextensively quoted in order that one appreciates the nature of this firstgrievance of the appellants.
……omissis……
iv.That from this report it amplyresulted that there was no indication that the respondents were suffering anydamages due to the penetration of water from the property of the appellants.Thus how the Tribunal came about to condemn them to pay the sum of one thousandeuros (€1,000)_ is nothing but unexplainable……omissis……Thus even if there weresmall damages linked to this case in the past there should by equity be appliedthe principle ‘de minimis non curat praetor’ and consequently there be nocondemnation in regard to the appellants.
v. That from the proof brought in FirstInstance it resulted also that there was a sizeable hole on a ventilator of therespondents which abuts on to the common shaft from which evidently there wasseeping a considerable amount of water when it rained. All this thus militatesin favour of the appellant’s version that no water was percolating from theirappartment on to the overlying tenement.
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Competence Ratione Valoris of the Counterclaim.
vi.That the defendant appellantsreconvened felt aggrieved also, how the Tribunal in First Instance completelyavoided their counterclaim, on the basis of lack of competence. That in theircounterclaim the appellants made it clear as crystal that they were limitingtheir request for the liquidation and payment of damages suffered, limitedly upto the amount of (€3,494.06). or rather the limits of competence of the SmallClaims Tribunal. This as upheld in our jurisprudence is an absolute right of aparty in a cause which limits the value of the damages it is seeking. Thus itfalls upon the defendant reconvened appellants to proof that the damage theyare suffering miserably reach or multo magis exceed that claimed by them.
vii. That the reconvention is also madeso that the defendant sets off the credit demanded by the plaintiff or in anyother way bring to nothing the action of the plaintiff or impede its affects.
viii. Our Courts also confirm that oncethe values of the cause depend on the demands made before it and in case ofliquidation of damages, if the plaintiff or like in this case the reconveneddefendants have limited themselves to demand a sum of money which does notexceed the competence of that particular Court.
ix. That Articles 56A of Cap. 12 prescribes‘Despite every dispostion of this Code the Inferior Courts should not takecognizance of any claim that falls within the jurisdiction of the Small ClaimsTribunal set up under act regarding the Small Claims Tribunal. Then the Article3(2) of Cap. 380 states that ‘Without prejudice to subarticle (5) The Smallclaims Tribunal shall have jurisdiction to hear and decide only all the moneyclaims in an amount not exceeding (€3,494.06); But in the calculation of thesum mentioned in this subarticle there shall not be considered the fees andcosts which are connected to the same claim. Thus the appellants humbly contendthat for all these reasons the Tribunal of First Instance should have neveravoided the reconvened claim and instead uphold this claim limitedly within thelimits of its competence as demanded by the appellants themselves.
Head of costs.
x. That the judgement appealed gave noindication regarding the payment of fees and costs. That Article 10(1) of Cap380 of the Laws of Malta, provides that ‘ In every case which is decided theadjudicator is to decide regarding the expenses which one of the parties is tobear. Thus the appellants pray that there should be a decision regarding thehead of costs which equitably reflects the outcome of the procedures de quo;
Thus the appellants whilst referring tothe proof produced and reserve the right to bring forward the other proofallowed by law pray with respect that this Honourable Court, cancels andrevokes the judgement appealed of the 9th October 2014, given in the cause inthe names premised and this as demanded in this application.
Notify Defendants: Essex House, Flat 4,Block 4, Gordon Estates, Triq ix-Xtut, Qawra.
The AppealApplication Writ of Summons Number 121/09 AE, in the names Cyril Edwin Bucklandet vs Martin Abdilla et, has been deferred to the 10th June 2016 at 8.45 a.m.
Adv. FrankPortelli, LLD.
For the Reġistrar Civil Courts andTribunals
Notice 839
839NOTICE
CIVIL COURT, FIRST HALL
Whereas Dr Ramona Azzopardi noe (ID Nru2584G) filed an application under oath (No. 389/2016/LSO) demanding CORRECTIONin the ACT OF BIRTH Number 629/1951 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 anote to be filed in the Registry of these Courts, within fifteen days from theday of the publication of this present notice in the Government Gazzette.
Those who, within the aforesaid time,shall have filed such note, shall be notified by the service of a copy of thesaid application under oath, of the day which will be appointed for the hearingof the case.
By order of the Court,
JosetteDemicoli
For Registrar, Civil Courts andTribunals
Notice 840
840By decree given by the CIVIL COURT,FIRST HALL on the 8th February 2016, on the application of CAMILLERI CHRISTOPHER,Thursday, 2 June, 2016 at noon (12.00 p.m.), to be held on the First Floor,Courts of Justice, Republic Street, Valletta of the following property.
The stable officially marked withnumber thirteen (13) in Aloisio Street Qormi, partly underlying the property ofthird parties, free and unencumbered, with all its rights and appurtenances,with vacant and guaranteed possession,valued at fifty-five thousand euro(€55,000)
Ground floor property including itsairspace, officially marked number one hundred and one (101) known by the nameof Carmen House, situated in Upper Cross Road in Marsa, subject to a perpetualannual rent of eleven Euro and sixty four cents (€11.64), with all its rightsvalued at seventy thousand Euros (€70,000).
The said tenement is the property ofSPITERI PIERRE.
N.B. The said tenement will be sold asdescribed in the Judicial File 67/2015
RudolphMarmarà
For Registrar Civil Courts andTribunals
Notice 841
841By a decree given on the 16th May,2016, by the Civil Court First Hall, the Court ordered that the extracthereunder mentioned be published for the purpose of service according toArticle 187 (5) of the Code of Organization and Civil Procedure (Cap. 12).
By the application filed in the CivilCourt First Hall on 24th September, 2015 by Bank of Valletta plc (C2833), file58/15 in the names Bank of Valletta plc C2833 vs Maria Dolores Grech et isbeing asked that the Court orders the Sale by Auction of the:
Garage without official number named‘Mars’, in Triq Bajjada formerly known as New Street in Triq Isouard, Marsawhich garage is bounded on the West with the mentioned street, from the northwith the property of Oscar Grech or its successors in title, subject to itsshare of annual and perpetual ground rent of forty-six and seventy-three Euro(€46.73), which rent is due on the part of the ground where the garage isbuilt, free and unencumbered, with all its rights and appurtenances.
The said tenement is the property ofMaria Dolores Grech, K.I. 66543M, Maria Carla Drago, K.I. 45969M u AlexiaCamenzuli, K.I. 234878M
RudolphMarmarà
For Registrar Civil Courts andTribunals
Notice 842
842By means of a decree given, on the 26thFebruary 2016, by the Court of Appeal,in the records of the Appeal Application,in the names Oliver De Giorgio vs Albert Stagno Navarra, Appeal Number 31/2010AE, the following publication was ordered for the purpose of service of therespondent Albert Stagno Navarro, in terms of Article 187(3) et seq. of Cap 12.
Whereas the written procedures in thecause before the Court of Appeal between Oliver de Giorgio as special mandataryof Imelda Brincat vs Albert Stagno Navarro, the Court, fixed the hearing ofthis cause on Friday seventeenth (17)June 2016, at 9.00 a.m.
Notify: 1) Albert Stagno Navarra, 23,Triq Idmejda, Balzan.
Reġistry of the Superior Courts(Appeals) today 24th May 2016.
Adv. FrankPortelli, LLD.
For the Registrar, Civil Courts andTribunals
Notice 843
843IT IS hereby notified in virtue of thepowers conferred on it by Section 257 of the Civil Code, the Court of Revisionof Notarial Acts, by a Decree dated the 18th of May 2016, and this after awritten plea Numbered 68/2016, ordered:
The correction of the Act of Birth ofCarmelo Leone, bearing number 1566 of the year 1928, under the columns entitled“Names given” and “Name or names by which the child is to be called”, the name“CHARLES” is to be inserted before the name “CARMELO”, and the name “CARMELO”is to be replaced by the name “CARMEL”.
Janet Calleja
F/ Registrar Court of revision ofnotarial acts
Notice 844
844DKR 433/2015 – VARIATION OF A FREEZINGORDER
IT IS BEING NOTIFIED that by a decreedated 1st December, 2015 given by the Court of Magistrates (Malta) as a Courtof Criminal Inquiry (Magistrate Dr Anthony G. Vella LLD) after an applicationfiled by Sebastian Zammit on the 26th November 2015, Compilation Number700/2015 in the case:
The Police
(Inspector Rennie Stivala)
(Inspector Carlos Cordina)
Versus:
RODERICK BORG,
and
SEBASTIAN ZAMMIT, 60 years, Customsemployee, son of the late Michael and the late Rosaria née Farrugia, born inPietà Malta on the 26th June 1955, residing at Cuore di Gesù, Kuċċard Street,Safi, Malta and holder of Maltese Identity Card bearing number 457055(M).
The CourtAUTHORISED the accused Sebastian Zammit to pay the sum of five thousand Euros(€5,000) to ‘Middlesex University Malta Limited’ from his bank account with APSBank Malta Limited bearing number 2000076617-2.
This variation is being published interms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of theLaws of Malta and of Article 23A (2) of the Criminal Code Cap. 9 of the Laws ofMalta following a freezing order published in the Government Gazette on the 1stSeptember 2015 after a decree dated 23rd August, 2015 given by the Court ofMagistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr JosetteDemicoli LLD) whereas the Court ordered the attachment in the hands of thirdparties in a general manner, all monies and other movable and immovableproperty which may be due to or belonging to Roderick Borg and SebastianZammit.
Marvic Psaila
Deputy Registrar Criminal Courts andCriminal Tribunals (Malta)
Notice 845
845DKR 433/2015 – VARIATION OF A FREEZINGORDER
IT IS BEING NOTIFIED that by a decreedated 1st December, 2015 given by the Court of Magistrates (Malta) as a Courtof Criminal Inquiry – (Magistrate Dr Anthony G. Vella LL.D) after an applicationfiled by Roderick Borg on the 24th November 2015, Compilation Number 700/2015in the case:
The Police
(Inspector Rennie Stivala)
(Inspector Carlos Cordina)
Versus:
RODERICK BORG, 33 years, Freeportemployee, son of John and Annie née Aquilina, born in Pietà Malta on the 13thSeptember 1982, residing at Block 7, Flat 6, Fontanier Street, Qormi, Malta andholder of Maltese Identity Card bearing number 556682(M);
and
SEBASTIAN ZAMMIT
The Court AUTHORISED the accusedRoderick Borg to continue to pay his home loan with APS Bank for the sum offour hundred and sixty Euros (€460) per month on the bank account bearingnumber 2000141800-6.
This variation is being published interms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of theLaws of Malta and of Article 23A (2) of the Criminal Code Cap. 9 of the Laws ofMalta following a freezing order published in the Government Gazette on the 1stSeptember 2015 after a decree dated 23rd August, 2015 given by the Court ofMagistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr JosetteDemicoli, LLD) whereas the Court ordered the attachment in the hands of thirdparties in a general manner, all monies and other movable and immovableproperty which may be due to or belonging to Roderick Borg and SebastianZammit.
Marvic Psaila
Deputy Registrar Criminal Courts andCriminal Tribunals (Malta)
Notice 846
846DKR 12/2011 – CANCELLATION OF AFREEZING ORDER
IT IS BEING NOTIFIED that by a decreedated 18th April, 2016, given by the Court of Magistrates (Malta) as a Court ofCriminal Judicature (Magistrate Dr Francesco Depasquale LL.D) after anapplication filed by Glenn Abela on the 8th, March 2016 and following the executionof what was ordered in the judgement dated 30th October, 2014 given by the sameCourt (Magistrate Dr Miriam Hayman) (Compilation Number 822/2010 in the case:
The Police
(Inspector Johann J Fenech)
Versus:
GLENN ABELA, 28 years, son of Francisand Bernardette née Portelli, born in Pietà Malta on the 2nd of May 1988,residing at ‘Eywa’, The Salesians Street, Dingli Malta and holder of IdentityCard No.213188(M).
ORDERED THE CANCELLATION of thefreezing order of all the movable and immovable property of the said GLENNABELA which order was given by the Court of Magistrates (Malta) as a Court ofCriminal Inquiry by a decree dated 20th January, 2011 and published in theGovernment Gazette on the 25th January, 2011.
This notice is being published accordingto section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Lawsof Malta.
Marvic Psaila
Deputy Registrar Criminal Courts andCriminal Tribunals
Notice 847
847B’digriet tat-Tribunal għal TalbietŻgħar, tad-9 ta’ Mejju 2016, ġiet ordnata l-pubblikazzjoni tal-estratt lijidher hawn taħt għall-finijiet ta’ notifika skont l-Artikolu 187(3) tal-Kodiċita’ Organizzazzjoni u Proċedura Ċivili (Kap. 12).
Condominium Services Limited (C 39139)ta’ 33, Triq Depiro, Sliema bħala amministratur tal-condominium 52, TudorApartments, Sir Arturo Mercieca Street, Sliema, ippreżentaw Talba, fis-17 ta’Novembru 2015, fejn talbu lit-Tribunal sabiex jikkundanna lil Carmel Gauci (KI298470M) ta’ 45, Triq Dun Salvatore Zarb, Għargħur u/jew Sorriso Flats, Flat 7,Triq it-Turisti, San Pawl il-Baħar, sabiex jħallas lis-soċjetà attriċi s-sommata’ €450 liema ammont huwa dovut lis-soċjetà attriċi.
Bl-ispejjeż u bl-imgħaxijiet.
Il-kawża (Avviż Nru 889/15JB) hijadifferita għat-13 ta’ Ġunju 2016 fin-12.30 p.m.
Reġistru tal-Qorti Maġistrati (Malta)illum 24 ta’ Mejju 2016.
AlexandraDebattista
Għar-Reġistratur, Qrati Ċivili uTribunali
Notice 848
848By Decree Given By The Civil Court,First Hall On The Application of Buttigieg Raymond, Thursday, 28 July, 2016 athalf past ten in the morning (10.30 a.m.) for the Sale By Auction, to be heldon the First Floor, Courts of Justice, Republic Street, Valletta of thefollowing property.
First floor maisonette named ‘Madonnatal-Grazzja’, in Triq Villabate, Żabbar underlaying a maisonette which is hasin common the drainage system. This property is free and unencumbered with allits rights and appurtenances, valued one hundred and ten thousand Euros(€110,000).
The said tenement is the property ofButtigieg Raymond and Pauline
N.B. The said tenement will be sold asdescribed in the Judicial Sales Act 29/16
RudolphMarmarà
For Registrar Civil Courts andTribunals
Notice 849
849By means of a decree, given by theFirst Hall Civil Court, on the 5th May, 2016, in the records of theApplication, in the names Silmarsand Holdings Limited (C 11847) vs DeguaraVictor et, Application number 310/16 AF, the following publication was orderedfor the purpose of service of the company Silmarsand Holdings Ltd, in terms ofArticle 187(3) et. seq. of Cap. 12.
By means of an Application forRevocation, filed, in the First Hall Civil Court, by Victor Deguara (ID686345M) Penelope Deguara (ID 272107L) and D. Peak Limited (C 12224) on the15th April 2016, the applicants above mentioned pleaded and asked;
1. That there is already pending beforethis Court, a cause Sworn Application 1089/15 AF, in the names SilmarsandHoldings Limited vs Victor Deguara et, deferred for hearing to the 31st May,2016 and thus in terms of Article 836(i) of Cap. 12 of the Laws of Malta, theapplication Revocation of the precautionary warrant is to be heard by thisCourt that is hearing the present case.
2. That it is to be stated from thebeginning that the Court, differently presided, by its decree of the 22ndDecember, 2015, rejected the issuing of a warrant of prohibitory injuction bySilmarsand Holdings Limited, against the respondents.
3.That once the demand for payment ofthe credit with the issuing of the warrant of prohibitory injunction wasrejected,the garnishee order is also to be revoked without delay since itcausing useless damage to the applicants.
4. That it is to be stated from the beginningthat the preliminary agreement of the 6th November, 2009, between theapplicants and MTF Bonano Construction Limited, is res inter alios acta to therespondents attached and marked Doc B and this since the applicants neversigned the assignment or other writing with Silmarsand Holdings Limited andthus have no juridical relationship with the company Silmarsand HoldingsLimited.
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7. That the present garnishee order isbased on the preliminary agrement of the 6th November 2009, signed between theapplicants and the company MTF Bonanno Construction Limited, which is not aparty in this garnishee order nor in the present cause.
8. That by the decree of thisHonourable Court, differently presided in the records of the Warrant ofProhibitory Injunction number 1842/2015, a copy of which is hereby annexed, theCourt, established that the date of the preliminary agreement is that of the6th November 2014, between Silmarsand Holdings Limited and MTF BonannoConstruction Limited and not of the 6th November, 2015, as pretended bySilmarsand Holdings Limited.
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9. That subsequently to the preliminaryagreement between the compant MTF Bonnano Construction Limited (C 41800) andSilmarsand Holdings Limited which as already stated is res inter alios acta tothe applicants another writing which is separate and distinct from thepreliminary agreement above stated and dated 6th November 2009, MTF BonannoConstruction Limited, tried to assign its rights on the prelimnary agtreementin question to the applicants.
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11. That this assignment was notregistered with the Commissioner of Inland Revenue and thus it was not validaccording to law in terms of Article 3(6) of Cap. 364 of the Laws of Malta andArticle 10 L.S. 364 .06.
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12. That when the preliminary agreementin question lapsed once there was no valid assignment according to law thereciprocal promise in terms of Article1357 of Cap. 16 of the Laws of Malta,which was in force between MTF Bonanno and the applicants and the companySilmarsand had no right which emanates from the said preliminary agreement.
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14 That the fact that in real time orrather on the 6th November, 2009, the creditor company and MTF Bonanno haddeclared and agreed that the preliminary agreement in question was valid forfive years shows without any doubt that effectively the preliminary agreementwas valid till the 6th November 2014 and not 2015, as the creditors areerroneously pretending.
15. Thatsubsequently and this after the company Silmarsand, noticed that in the firstplace the original assignment was null because it was not registered with theCommissioner of Inland Revenue and after the fraudulent correction abovementioned another assignment of the preliminary agreement of the 6th November,2009 was made between MTF Bonanno and Silmarsand on the 7th September 2015.
16.That this second writing which wasmade after the lapse of the preliminary agreement shows without any doubt thatthe assignment of the 6th November 2009, was not valid according to law.
17. That thus it cleary emerges that onthe lapse of the preliminary agreement or rather on the 6th November 2014, thepreliminary agreement still hails MTF Bonnano Construction Limited, theapplicants have no juridical relationship with the respondent Silmarsand.
……omissis……
18. That every claim that Silmarsandmay have deriving from the abusive and illegal assignment made by MTF Bonannoto Silmarsand is to be addressed to MTF Bonanno and not the applicants whichare in any case to be freed from the observance of the judgement since thatthey are not debtors of Silmarsand Holdings Limited.
……omissis……
21. That effectively in order that theprecautionary warrant subsist it is necessary that the creditor shows that hehas a prima facie right and that this rights shall be irremediably prejudiced.
22. That thecreditor company allegedly supplied material to the company MTF Bonanno, whichcompany as payment assigned rights resulting from a preliminary agreementalready lapsed and thus assigned exhausted and inexistant rights and thus thecreditor is to be paid by the company MTF Bonanno.
……omissis……
24. That furthermore it is stated thatthe request for damages in the present cause is a secondary and not a principalrequest. The principal request is the publication of the final sale. That thuslogically this means that in case the Court orders the publication of the deedof final sale, the request for damages is extinct.
25. That in terms of Articles 836(1)(b) (d) and (f) of Cap. 12 of the Laws of Malta, this warrant is not to subsistsince the precautionary act does not subsist infact the amount is not justifiedas well as in the circumstances it is not reasonable that this warrant be heldin force since there is no juridical relationship between Silmarsand HoldingsLimited and the applicants.
26. That furthermore in terms ofArticle 836(8) of Cap. 12 of the Laws of Malta, Silmarsand Holdings Limited, isto be condemned to pay a penalty of not less (€1,164.69) and not more than €6,988.12,infavour of the applicant since this warrant was issued without justification.
27. Thus there exist the requisitionsof articles 836 (1) (b) (d) (f) of Cap. 12 of the Laws of Malta, once thenecessity for this issuing of this Warrant does not exist.
……omissis……
28. That furthermore there exist therequisites in terms of Article 836 (8) of Cap. 12 of the Laws of Malta, once itis clear that in the circumstances the warrant was maliciously issued and isfrivolous and vexatious and thus Silmarsdand Holdings Limited is tio becondemned to pay the penalty of not less €1,164.69 and not more than €6,988.12,in favour of the applicants since this warrant was issued without any reason.
Thus the applicants are praying thisHonourable Court so that saving any declaration it deems fit and opportune, itdecides this application by revoking contrario imperio the decree of the 12thApril, 2016, wherby the garnishee order 553/16, was upheld and consequentlyrevoke the garnishee order in question and this in terms of Articles 836(1) (b)(d) (f) of Cap. 12 of the Laws of Malta and that the penalty imposed is paidthrough Article 836(8) of Cap. 12 of the Laws of Malta since the warrant wasissued maliciously and is frivolous and vexatious.
With costs and saving the damagescaused due to the present warrant.
Civil Court – First Hall
Onor. Madam Justice Anna Felice B.A.LLD.
Application Number 310/16 AF.
Silmarsand Holdings Ltd
vs
Deguara Victor et.
The Court,
Saw the Application,
Orders that the acts of the warrant553/2016, be attached,
Appoints the application for hearing onthe 5th May, 2016, at 9.00 a.m.
Orders that the respondent be notifiedand is to file a reply within ten days.
Notify: Silmarsand Holdings Ltd, WiedInċita, Rabat Road, Attard.
The Application in the names SilmarsandHoldings Limited (C 11847) vs Deguara Victor et, has been deferred for hearingto the 31st May, 2016, at 9.00 a.m.
Adv. FrankPortelli, LLD
For the Reġistrar, Civil Courts andTribunals
Notice 850
850By means of a decree given, by theFirst Hall Civil Court, on the 14th April 2016, in the records of the SwornApplication, in the names HSBC Bank Malta p.l.c. (C 3177) vs JDC CompanyLimited (C 12753), application number 250/16 MCH, the following publication wasordered for the purpose of service of the company JDC Company Limited (C 12753)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 HSBC Bank Malta p.l.c. (C 3177) vsJDC Company Limited (C 12753) on the 29th March 2016, the applicant companyHSBC Bank Malta p.l.c. in terms of Article 258(c) of Cap. 12 of the Laws ofMalta, as represented respectfully pleaded;
That by means of a contract ofconstitution of debt in the records of Notary Carmelo Mangion, dated 27th June2002 (Doc A) rendered executable by means of an judicial letter, dated 2ndMarch 2004 (Doc B) the respondent company was declared a true, certain andliquid debtor, in favour of the applicant company, in the sum of eight hundredand six thousand, four hundred fifteen Maltese Lira and fourteen cents(LM806,415.14) equivalent to one million eight hundred seventy eight thousandfour hundred thirty eight Ewro and one cent (€1,878,438.01) besides legalinterest till the date of effective payment.
That the respondents remained debtorsof the applicant company;
That more than five years lapsed fromthe date when the same letter was rendered executable and the applicant companyis by means of the present demanding the authorisation of this HonourableCourt, in terms of article 258(C) of Cap. 12 of the Laws of Malta, in order toexecute the same title against the respondent company for the balance which isstill due;
Thus the applicant company respectfullyprays that this Honourable Court authorises the applicant company to pass on tothe execution of the same executive title above mentioned, since there passedmore than five years and the debt has not been all settled and this in terms ofartricle 258(c) of Cap. 12 of the Laws of Malta, which provides that theapplicant is to confirm the nature of the debt, regarding which he is askingits execution and that the debt or part of it is still due’.
Applicant: 32, Triq il-Merkanti,Valletta.
Notify: JDC Company Limited (C 12753),21, Dolmen Court, Triq Għawdex, Qawra.
The Sworn Application in the names HSBCBank Malta p.l.c. (C 3177) vs JDC Company Limited (C 12753) application number250/16 MCH, was deferred for hearing to the 14th June 2016, at 9.00 a.m.
Adv. FrankPortelli,LLD
For the Registrar, Civil Courts andTribunals.
Notice 851
851By a decree of the 16th May 2016 givenby the Court of the Magistrates, the Court ordered that the extract hereundermentioned be published for the purpose of service according to article 187(3)of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed byVodafone Malta Ltd (C 10865) on the 18th November 2015 is asking for the withdrawalof the amount of €2042.32 deposited by the Schedule of Deposit number 1975/15in the names of:
Vodafone Malta Ltd (C 10865) vsRosemarie Medina (ID 6623A)
The Court ordered the notification ofthis application with four (4) days to file a reply.
MarvicFarrugia
For Registrar of Courts and CivilTribunals
Notice 852
852By a decree of the Small ClaimsTribunal of 9th May 2016, the publication of the following extract was orderedfor the purpose of service in terms of Article 187(3) of the Code ofOrganisation and Civil Procedure (Cap 12).
Condominium Services Limited (C 39139)of 33, Triq Depiro, Sliema as administrator of the condominium Pine ValleyAprtments, Triq F Vidal, Tal-Ibraġġ, St Andrews, filed a Claim on the 5thFebruary 2016 whereby they asked the Tribunal to condemn Tonio Micallef of PineValley Apartments, Apt 4, Triq F Vidal Tal-Ibraġġ, St Andrews SWQ 2471, to paythe plaintiff company the sum of €1,416.50 which amount is due to the plaintiffcompany.
With costs and interests.
The case (Claim Number 41/16JB) isdeferred on the 13th June 2016 at 12.30 p.m.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals.
Notice 853
853By a decree of the Small ClaimsTribunal of the 18th February 2016, the publication of the following extractwas ordered for the purpose of service in terms of Article 187(5) of the Codeof Organisation and Civil Procedure (Cap 12).
Go plc of Fra Diego Street, Marsa, MRS1501, filed a Claim on the 5th November 2015 whereby they asked the Tribunal tocondemn Albert sive Robert Borg (ID 838147M) for and on behalf of Palm CourtLtd (C 2677) of Qawra Inn, Flat 600, Triq it-Tamar, San Pawl il-Baħar, to paythe plaintiff company the sum of €3118.41 which amount is due to the plaintiffcompany.
With costs and legal interests.
The case (Claim Number 865/15JB) isdeferred on the 13th June 2016 at 12.30p.m.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
Notice 854
854By decree given by the CIVIL COURT,FIRST HALL on 19th May, 2016, on the application of MICHAEL ATTARD LIMITED,Wednesday, 15th June, 2016 at ten o’clock in the morning (10:00 a.m.), has beenfixed for the SALE BY AUCTION, to be held at CITREON YARD, NOTABILE ROAD,H’ATTARD of the following items seized from the property of SCHEMBRI GODWIN(I.D.329848M).
Vehicle of the make Rexton brown incolour with the registration EBO 067.
Vehicle of the make Rexton white incolour with the registration ACA 671.
Vehicle of the make Rodius grey incolour with the registration JBO 516.
Vehicle of the make KIA Sedona blue incolour with the registration number KIA 101.
N.B. The said vehicle will be sold asdescribed in acts of the file number 2/16.
MarvicFarrugia
For the Registrar of Civil Courts andTribunals
Notice 855
855By means of a decree given, by theFirst Hall Civil Court, on the 17th May 2016, in the records of the SwornApplication, in the names M.I.D.C. Limited (C 282) vs Malta & Europe HotelsLimited et, Application number 1148/13 JZM, the following publication wasordered for the purpose of service of the defendant John Zammit, in terms ofArticle 187(3) et seq. of Cap. 12.
By means of a Sworn Application, filed,in the First Hall Civil Court, in the names M.I.D.C. Limited (C 282) vs Malta& Europe Hotels Limited (C 422) John Zammit and Michele Martone andMassimiliano Martone, represented by their special legal mandatary AdvocateDoctor Mario De Marco, by decree given on the 9th March 2015, the DeputyCurators Adv. Dr Anthony Stellini LLD and Legal Procurator Mario Buttigieg weresubstituted by Deputy Curators Dr Mark A. Mifsud Cutajar and Legal ProcuratorMarie Claire Bartolo and by decree given on the 19th November 2015, the words‘represented by the special mandatary Advocate Dr Mario Demarco, were cancelledand by decree given on the 19th November 2015, the decree given on the 9thMarch 2015 was revoked contrario imperio and by decree of the 9th July 2014,Adv. Dr Anthony Stellini and Legal Procurator Mario Buttigieg, as DeputyCurators to represent the absent Massimiliano Martone, on the 29th November2013, the applicant company M.I.D.C. Limited, asked the defenfants to state whythis Honourable Court should not;
1. Decide and declare that the sale,transfer and registration of one share in the defendant company by John Zammitto Michele Martone and subsequently the transfer and registration of this oneshare in the name Massimiliano Martone, are null and without legal effect,order the defendant company Malta & Europe Hotels Limited, so that within aperemptory period for this purpose it erases and cancels immediately theregistration of this one share above mentioned in the name Michele Martone andsubsequently in the name of Massimiliano Martone and uphold the other demandsin the application.
With costs, against the defendantssummoned so that a reference to their evidence be made.
Applicant: M.I.D.C. Limited, c/o, 171,Triq l-Ifran,Valletta.
Defendants: John Zammit, 35, Saw MillStreet, Msida.
The Sworn Application in the namesM.I.D.C. Limited (C 282) vs Malta & Europe Hotels Limited (C 422) et,application number 1148/13 JZM, has been deferred for hearing to Tuesday 28thJune 2016, at 9.00 a.m.
Adv. FrankPortelli, LLD
For the Registrar, Civil Courts andTribunals
Notice 856
856By decree given by the CIVIL COURT,FIRST HALL on 17th May, 2016, on the application of TABONE TIZIANA, Monday,27th June, 2016 at ten in the morning (10:00 a.m.), has been fixed for the SALEBY AUCTION, to be held at SQAQ IL-MUDURBU, IMQABBA of the following itemsseized from the property of BUZ-DOV DEVELOPMETS LIMITED (C25647).
Truck of the make Bedford blue incolour with the registration number JAF 475.
Shovel Digger CAT Series Number 75A4424yellow in colour.
Van Toyota blue in colour with theregistration number LCN 879.
Truck Ready Mix of the make Astra bluein colour without registration number.
Van Toyota Pick Up red in colour withthe registration number HBG 336.
N.B. The said objects will be said asdescribed in the acts of file number 5/16.
MarvicFarrugia
For the Registrar of Civil Courts andTribunals
Notice 857
857NOTICE
CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Josianne Grech(I.D. 164385M) filed an application under oath (No. 99/16 AL) demandingCORRECTIONS the ACT OF BIRTH of the minor Yasmine Grech number 1075/2012 in thePublic Registry.
Whosoever may have an interest therein,and wishes to oppose that demand, is hereby called upon to do so, by means of anote to be filed in the Registry of these Courts, within fifteen days from theday 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 thesaid application under oath, of the day which will be appointed for the hearingof the case.
By order of the Court,
Rita Mangion
For Registrar, Civil Courts andTribunals
Notice 858
858AUCTION NO. 22/2015
By a judgment delivered by the COURT OFMAGISTRATES (GOZO), SUPERIOR JURISDICTION, GENERAL SECTION, on the 5th ofNovember 2010 in the records of writ of summons number 39/2006, in the names of“Agnes Zammit vs Joseph Xuereb et”, the day of Monday 18th of July 2016 at10.00 am as ordered by a decree given on the 25th of May 2016 in the records ofthe sale by auction number 22/2015 in the names of “Agnes Zammit vs JosephXuereb et”, has been fixed for the Sale by Licitation, to be held at the GozoCourt’s edifice in Cathedral Square, Victoria, Gozo, of the followingproperties:
Divided portion of land situated inGhajnsielem Street, Ghajnsielem, Gozo, measuring four hundred and forty sevenmeters squared (447 sq.m.), bounded South with the said street, East withproperty of Joseph Xuereb or his successors in title and North with property ofthe family Cascun or corrected boundaries, indicated with letters ‘A’ and ‘B’onthe site plan annexed in the acts of the sale by auction, which land shall besold in two portions, valued at €407,604.
These properties belong to the partiesin the said writ of summons and sale by auction and will be sold as describedin the report sworn to by Alan Saliba A & C.E on the 6th of November 2008and in the records of said writ of summons.
Daniel Sacco
For the Registrar Gozo Courts andTribunals
Notice 859
859NOTICE REGISTRY OF THE
CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Natalie Sultana(14771M) filed an application under oath (No. 98/16RGM) demanding CORRECTIONSin the ACT OF BIRTH of the minor child Abigail Sultana number 554/1994 in thePublic Registry.
Whosoever may have an interest therein,and wishes to oppose that demand, is hereby called upon to do so, by means of anote to be filed in the Registry of these Courts, within fifteen days from theday 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 thesaid application under oath, of the day which will be appointed for the hearingof the case.
By order of the Court,
Karen Falzon
For Registrar, Civil Courts andTribunals