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Court Notices published in Govt. Gazette No. 19,586 of 06 June 2016

Date Icon 01/01/2016

Notice 889

889
By means of a decree given, by theFirst Hall Civil Court, on the 29th April 2016, in the records of the SwornApplication, in the names Trapani Galea Feriol Igino sive Gino et vs BianchiAndre, application number 1148/15 MH, the following publication was ordered forthe purpose of service of the defendant Andre Bianchi, in terms of Article187(3) et seq. of Cap. 12.
By means of a Sworn Application, filed,in the First Hall Civil Court, in the names Igino sive Gino Trapani GaleaFeriol (ID 647842M) Dorothy Trapani Galea (ID 766332M) Perit Nicholas Bianchi(ID 528860M) Anne Marie Tabone Bianchi (ID 386367M) and the same NicholasBianchi in the name of the absent Colin Huber (English Passport 720106049), Christopher Huber (English Passport 210099144) and Professor John Huber (English Passport466579539) Bettina Azzopardi (ID 289372M) Michael Trapani Galea Feriol (ID103774M) Greta Apap Bologna (ID 140077M) Paul Trapani Galea Feriol (ID 345180M)Advocate Dr Nicholas Trapani Galea Feriol (ID 417282M) as well as John Marysive Jimmy Vella (ID 472452M) and his wife Josephine Vella (ID 433055M) for anyinterest they may have vs Andre Bianchi ID 629462M, on the 4th December 2015,the applicant Igino sive Gino Trapani Galea Feriol et, respectfully pleaded;
1. That all the applicants togetherwith the respondent are the owners of a divided portion of land shown colouredin red on the attached plan and marked Doc A with the superficial area of 1626m2 and with the buildings there upon erected and including thepremises Jimjoe and the premises number 16, Triq l-Għerien, il-Ħida, Mellieħa,which land forms part of the lands called ‘ta’ Ħida’ sive ‘ta’ Ħita’ sive ‘ta’Għex il-Ħida’ in the limits of Mellieħa, Malta.
………omissis………
6. That the applicants which togetherhave the undivided share of 109/120 in the property agree that this sale bemade but the respondent is refuting.
7. That the property mentioned has beenheld in common for more than ten years and none of the owners commencedproceedings before a Tribunal or Court.
8. That by means of a preliminaryagreement of the 15th May 2015, drawn up by Notary Robert Micallef, theapplicants found the sale of the property mentioned towards the price of€250,000, for the whole including the share of the respondent.
………omissis………
11. That the respondent shall not begrievously prejudiced if the Court orders the sale.
Thus in terms of the dispositions ofArt 495 A of Cap. 16 of the Laws of Malta, the applicants respectfully praythat this Honourable Court;
1. Order that the sale be made of thewhole share of the property above described to the purchasers therein mentionedand under the pacts and conditions stipulated in the same preliminaryagreement;
2. To fix a day, time and place for thepublication of the contract, appoint Notary Robert Micallef, to publish therelative deed as well as curators to represent the eventual defaulters.
With costs against the respondentsummoned so that a reference to their evidence be made.
Applicant: 1, ‘Palazzo D’ Aurel’ TriqRaymond Caruana, Gudja.
Respondent: ‘Villa Iccilio, 47, TriqAnnibale Preca, Lija.
The Sworn Application in the namesTrapani Galea Feriol Igino sive Gino vs Bianchi Andre, application number1148/15 MH, has been deferred for hearing to the 10th June 2016, at 9.00 a.m.
Adv. FrankPortelli, LLD
For the Registrar, Civil Courts andTribunals
01 Ġunju 2016

Notice 890

890
By decree given by the CIVIL COURT,FIRST HALL on 16th May, 2016, on the application of SEYCHELL JOSEPH, Wednesday,15th June, 2016 at eleven in the morning (11:00 a.m.), has been fixed for theSALE BY AUCTION, to be held at number 447, TRIQ IL-KBIRA SAN ĠUŻEPP, SANTAVENERA of the following items seized from the property of MANGION CARMEL (I.D.110160M).
Sofa brown in colour, desk, television,fan, dvd, antiques radios, mirrors, chandeliers, unit brown in colour, chairs,clocks, chest of drawers, Copper Bell and various other objects.
N.B. The said objects will be sold asdescribed in the acts of file number 8/16.
MarvicFarrugia
For the Registrar of Civil Courts andTribunals
01 Ġunju 2016

Notice 891

891
By decree of 2nd May, 2016, given bythe Civil Court First Hall, the Court ordered that the extract hereundermentioned be published for the purpose of service according to article 187(5)of the Code of Organisation and Civil Procedure (Cap. 12).
By a note filed in the Civil Court,First Hall on 2nd February, 2016, Bank of Valletta p.l.c. (C2833) is asking toenter as another execution creditor in the judicial sale number 62/14 in thenames F&A Quarries Limited (C13006) vs Mixer Limited (C9942) in terms ofArticle 346 of the Code of Organisation and Civil Procedure Cap. 12 of the Lawsand that since the society is a creditor of Mixer Limited and Mixer ConcreteWorks Limited in the sum of two millions, two hundred and thirty threethousand, two hundred and thirty three euro and one cent (€2,233,233.01) withcosts and further interests from 1st April, 2000 until the actual effectivepayment.
MARVIC FARRUGIA
For the Registrar, Civil Courts andTribunals
31 Mejju 2016

Notice 892

892
Bann for Curators.
Republic of Malta.
To the Court Marshall
By means of a decree given by thisCourt, on the 17th March 2016, following a request of Anthony Schembri et, itwas ordered that deputy curators be chosen to represent the unknown owners ofthe schedule 391/2016, in the names Anthony Schembri et vs deputy curators andin the relative and subsequent acts.
By means of aSchedule of Deposit and contextual redemption of groundrent, filed, in theFirst Hall Civil Court, in the names Anthony Schembri (587447M) director,Carmelo Schembri (213146M) director, Saviour Schembri (938744M) director,siblings Schembri, all children of the late Joseph and Rosaria née Pace, bornand residing Ħal Għaxaq, and their wives Paċifika Schembri (533451M) wife ofAnthony, housewife, daughter of Anthony Mifsud and Antonia Camilleri, born inPieta’ and residing Ħal Għaxaq, Josephine Schembri (573247M) wife of Carmelo,housewife, daughter of John Briffa and Josephine née Spiteri born in Żejtun andresiding Ħal Għaxaq, and Mary Schembri (480649M) wife of Saviour, housewife,daughter of Anthony Scorfna and Maria née Abela, born in Pieta’ and residingĦal Għaxaq vs deputy curators to represent unknown owners, on the 15th March2016, the interpellants Anthony Schembri (587447M) Carmelo Schembri (213146M)Saviour Schembri (938744M) and their wives Paċifika Schembri (533451M)Josephine Schembri (573247M) Mary Schembri 480649(M) respectfully pleaded;
That by means of a contract ofacquisition in the records of Notary Doctor Joseph Smith La Rosa, dated 2ndAugust 2007, copy annexed Doc A the interpellants acquired a building site inŻejtun, of circa seven hundred twenty two square metres (722mk) which landborders on the North East with Triq il-Bies, on the West with Triq NikolAttard, and on the other boundaries with property of the company SchembriBrothers & Farrugia Limited (C 4438) or their successors in title asindicated on the plan hereby attached marked Doc B.
That the abovementioned land forms part of a larger land of circa (3372.3 m2)which land was bought by Schembri Brothers & Farrugia Limited, by means ofa contract of acquistion in the records of Notary Doctor Mario Bugeja, dated7th March 1992, and is subject to the annual and perpetual groundrent of (€0.80).
That in view of the fact that theinterpellants acquired the land of circa (722m2) the groundrentburdening the land de quo is of (€ 0.17c) and the superior owners of the landin question are not known.
That the interpellants wish to redeemthe said groundrent and thus they are availing themselves of the facultygranted by law Articles 1501 and 1173 of the Civil Code and depositing the sumof (€ 4.25) which represents the price of the said grounrent of (€ 0.17c)capitalised at 5% together with (€ 0.85) arrears of groundrent for these lastfive years in all (€ 4.25c) which sum is to be freely withdrawn after the duereceipt according to law is left.
Interpellants: Mon Dieu, Dawret ĦalGħaxaq, Għaxaq.
Notify: 1) Director Public Registry,Triq il-Merkanti, Valletta- (2 copies)
2&3) Deputy Curators, Courts ofJustice, Valletta.
Now therefore you are ordered to affixan official copy of this bann at the entrance of this Superior Court and tosummon whosoever wishes to act as curator to appear before this Registry withinsix days and by means of a minute to submit a declaration that he wishes so toact.
You are also ordered to inform each onethat if he fails to make this declaration within the stipulated time the Courtwill proceed to the selection of Curators of Office.
And after so acting or if you shouldencounter any difficulty in the execution of this bann, you are to informforthwith this Court.
Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr. Justice Mark Chetcuti,LLD.
Doctor of Laws.
Adv. FrankPortelli, LLD
For the Registrar, Civil Courts andTribunals
01 Ġunju 2016

Notice 893

893
By means of a decree given, by theFirst Hall Civil Court, on the 6th May 2016, in the records of the SwornApplication, in the names Belli Ruben vs Marinov Yordon, application number258/16 LM, the following publication was ordered for the purpose of service ofthe defendant Yordon Marinov, 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 Ruben Belli (ID 408065M) vsYordon Marinov, on the 30th March 2016, the applicant Ruben Belli (ID 408065M)asked this Honourable Court;
1. To declare that the incident whichoccurred round about 9.30 p.m., on the 30th May 2015, in Triq il-Fliegu, Qawra/St. Paul’s Bay, where the plaintiff was hit solely due to the fault of thedefendant and this due to lack of attention, negligence, carelessness, and lackof observance of the traffic regulations and uphold the other demands in theapplication amongst which the liquidation of damages and payment of the same.
With costs, as demanded against thedefendant summoned so that a reference to his evidence be made.
The Sworn Application in the namesBelli Ruben vs Marinov Yordon, application number 258/16 LM, has been put offor hearing to the 13th June 2016, at 9.00 a.m.
Notify Defendant: Yordon Marinov, 20,Solair Holiday Complex, Block C, Flat 16 A, Triq il-Ġwiebi, St. Paul’s Bay.
Adv. FrankPortelli, LLD
For the Registrar, Civil Courts andTribunals
02 Ġunju 2016

Notice 894

894
By means of a decree given, by theFirst Hall Civil Court, on the 6th May 2016,in the records of the SwornApplication in the names Mizzi Nicholas vs Delia Joseph, application number275/16 LM, the following publication was ordered for the purpose of service ofthe defendant Joseph Delia, 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 Nicholas Mizzi (ID 02394M) vsJoseph Delia, on the 5th April 2016, the applicant Nicholas Mizzi (ID 02394M)asked the defendant to state why this Honourable Court should not;
1. Declare that the defendant isresponsible for the incident which occurred on the 15th December 2015, insidethe farmhouse which bears the name ‘Id-Dielja’ with the address limits of Girgenti, Siġġiewi and consequently the same defendant isresponsible for all the damages which the same applicant suffered as a resultof the same incident and uphold the other demands in the application includingall the damages liquidated.
With costs, as demanded against thedefendant summoned so that a reference to his evidence be made.
Defendant: ‘Id-Dielja’ limits of Girgenti, Siġġiewi
The Sworn Application in the namesMizzi Nicholas vs Delia Joseph, application number 275/16 LM, has been deferredfor hearing to the 13th June 2016, at 9.00 a.m.
Adv. FrankPortelli, LLD
For the Registrar, Civil Courts andTribunals
02 Ġunju 2016

Notice 895

895
By decree given by the Civil Court,First Hall on the 20th of April 2016, on the application of HSBC Bank Maltaplc, Tuesday, 19th July, 2016 at half past ten in the morning (10.30am) for theSale by Auction, to be held on the first floor, Courts of Justice, RepublicStreet, Valletta of the following property.
Property at ground floor level withaccess from Triq Ġużé Muscat Azzopardi, Iklin markedwith number six (6) and also accessible from Triq Censu Busuttil, Iklin from anentrance numbered ninety-five (95) built on plots numbered thirteen (13) andeighteen (18) free and unencumbered without airspace valued at one hundred andsixty thousand Euros (€160,000)
Property consisting of a semi basementin Triq Ġużé MuscatAzzopardi, Iklin, accessible through a garage marked with number four (4) whichis accessible by a ramp is on the same principal entrance, free and unencumberedwithout airspace valued at two hundred and ninety three thousand Euros (€293,000).
The said tenement is the property ofM.G.S. LIMITED.
N.B. The said tenement will be sold asdescribed in the Judicial Sales Act 73/13.
RudolphMarmarà
For Registrar Civil Courts andTribunals
02 Ġunju 2016

Notice 896

896
By decree given by the COURT OFMAGISTRATES (GOZO), SUPERIOR JURISDICTION, GENERAL SECTION, on the 27th of May,2016 on the application of Bella Claudia Nicoletta Cassar in the records ofjudicial sale by auction number 40/2012 in the names of “Lombard Bank Malta plcvs Cassar Weaving Ltd et” Monday 25th of July 2016 at 10.00am and until thehighest bid is adjudicated, has been fixed for the SALE BY AUCTION to be heldat the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of thefollowing property:
1. A divided portion of the tenementmarked one hundred seventy one (171) and one hundred seventy two (172), in Triqtal-Għajn, Fontana, Gozo, pertaining to Anthony Cassar, valued at €21,000.
2. Tenement number one hundred sixtytwo (162), Fountain Street, Fontana, Gozo, pertaining to Anthony Cassar, whichseems to have been an old building which was demolished, and which consists ofa portion of land with two caves on the left hand side, subject to an annualand perpetual ground rent of €163.05, valued at €130,000.
A detailed report regarding theliabilities burdening some of these properties is drawn up by the legal refereeDr Joshua Grech in the records of the judicial sale proceedings.
The said tenements will be sold asdescribed in the report sworn to by AIC Ronald Muscat Azzopardi on the 23rd May2013.
Superior Jurisdiction, General Section,this 2nd of June, 2016
Daniel Sacco
For the Registrar Gozo Courts andTribunals
23 Mejju 2013

Notice 897

897
By means of a decree of the 28thDecember 2015, in the records of the judicial letter number 2670/15, in thenames HSBC Bank Malta p.l.c. vs Sedov Ivan et, the First Hall of the CivilCourts ordered the following publication for the purpose of effecting serviceon the respondents in terms of Article 187(3) et seq of Cap. 12.
This judicial letter is being sent interms of article 256(2) of the Code of Organisation and Civil Procedure (Cap.12) and is intended to render the notorial deed hereunder mentioned executable,which contract constitutes an executive title according to article 253(b) ofthe Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta.
It is in your interest to consult alawyer or a legal procurator without delay.
By means of a judicial letter filed inthe First Hall of the Civil Courts against Sedov Ivan (Russian Passport Number4105123) and Sedova Nina (Russian Passport Number 1926312) of Apt 73, Block 16,Vjal Portomaso, Portomaso, on the 29th July 2015, HSBC Bank Malta p.l.c.(C3177) of 32, Merchants Street, Valletta refers you to the contract of loanwith the interpellant in the acts of Notary Dr Elena Farrugia dated 6th July2010, and calls upon you so that within seven days you pay the sum of€103,992.50, as for arrears due in terms of the same, as joint and severalsureties of Irina Sedova.
In default of payment, the interpellantbank informs you that further action will be taken against you in Court inexecution of its executive title without any further notice.
So much so that you may know how toregulate yourselves.
With costs.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016

Notice 898

898
By means of a decree of the 6th April2016 of the Civil Court First Hall in the records of judicial letter number389/16, in the names Housing Authority vs Silvar Construction & ServicesLtd et, the following publication was ordered for the purpose of effectingservice in terms of Article 187(3) et seq of Cap. 12.
In the First Hall of the Civil Court
To Silvar Construction & ServicesLtd (C 24066) of Cottage D’Amour, Ħal Far Road, Żurrieq
Andrew James Vella (ID 20070M) ofCottage D’Amore, Ħal Far Road, Żurrieq.
By the present the Housing Authority of 22,Triq Pietro Floriani, Floriana, refers to the contract of works in connectionwith the ceiling of the premises Flat 5, Block C, Corradino Flats, Paola.
It resulted that the ceilings are notof good quality and that the ceilings and the screed have cracked and water ispenetrating through them.
It resulted that the concrete used wasnot of good quality and not as ordered.
In view of the above, the HousingAuthority has incurred expenses and damages such as to avoid danger to itstenants.
By this present you are being solicitedso that within two days you come forward for the liquidation and payment ofdamages incurred by the Housing Authority and also the tenant who is occupyingthe premises underlying the roof.
If you fail the interpellant willproceed against you according to law both by civil procedures and also byfiling police reports in connection with the use of inferior concrete to thatordered.
So much so that you may know how toproceed and with costs.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016

Notice 899

899
By means of a decree of the 16th May2016 of the Civil Court First Hall in the records of judicial letter number235/2016, in the names Chief Government Medical Officer vs Abyot TsegiyeGezachew et, the following publication was ordered for the purpose of effectingservice on the respondent in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Abyot Tsegiye Gezachew of HelenaFlats, Fl 2, Triq Emmanuel Galazia, Ta’ Xbiex XBX 1470.
Bonnici Insurance Agency Limited
By the present the Chief GovernmentMedical Officer of 15, Merchants Street, Valletta, calls upon you or any one ofyou so that within one week from the service of this act you come forward forthe liquidation of damages and costs as a consequence of the road accidentwhich occurred at it-Telgħa t’Alla u Ommu, Naxxar on the 5th June 2015 whichaccident occurred when the vehicle which is the property of and was driven byTsegiye Gezachew Abyot (ID 38526A) with registration number ABJ 367 all of asudden collided with the side of an ambulance and left from the place ofaccident such that an accident occurred on the vehicle with registration numberGVH 279.
This accident occured solely as aresult of carelessness, negligence, lack of skill and lack of observation ofthe traffic regulations of the respondent Tsegiye Gezachew Abyot as the driverof the vehicle ABJ 367.
The interpellant warns you that if thetime given to you passes uselessly he will proceed against you according tolaw.
This judicial letter is being filed interms of and for all the effects at law, particularly but not limitedly for thepurposes of Cap. 16 of the Laws of Malta.
So much of your own guidance. Considerthis as the last notice.
With costs.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016

Notice 900

900
By a decree of the Small ClaimsTribunal of the 3rd July 2015, the publication of the following extract wasordered for the purpose of service in terms of Article 187(3) of the Code ofOrganisation and Civil Procedure (Cap 12).
Go plc of Fra Diego Street, Marsa, MRS1501, filed a Claim on the 2nd June 2015 whereby they asked the Tribunal tocondemn George Mugliett (ID 462166M) of 4, Triq Villambrosa, Hamrun, to pay theplaintiff company the sum of €370.18 which amount is due to the plaintiffcompany.
With costs and legal interests.
The case (Claim Number 442/15VG) isdeferred on the 21st June 2016 at 1.00p.m.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016

Notice 901

901
By a decree of the Small ClaimsTribunal of the 25th October 2015, the publication of the following extract wasordered for the purpose of service in terms of Article 187(3) of the Code ofOrganisation and Civil Procedure (Cap 12).
Go plc of Fra Diego Street, Marsa, MRS1501, filed a Claim on the 19th October 2015 whereby they asked the Tribunal tocondemn Gallard Simon (United Kingdom Passport 208424220GB) of NevadaApartments, Flat 8, Triq il-Kosta tal-Qawra, San Pawl il-Baħar, to pay theplaintiff company the sum of €673.90 which amount is due to the plaintiffcompany.
With costs and legal interests.
The case (Claim Number 833/15VG) isdeferred on the 21st June 2016 at 1.00p.m.
AlexandraDebattista
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016

Notice 902

902
By A Decree Of The 16th December, 2014given by the First Hall Civil Court, the Court ordered that the extracthereunder mentioned be published for the purpose of service according toArticle 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
By decree given bythe Civil Court, First Hall on 1st March, 2016, on the application of GATT MARYANNE ET, Thursday, 23rd June, 2016 at half past ten in the morning (10.30a.m.), has been fixed for the SALE BY AUCTION, to be held at on the First Floorof these Courts of Justice, Republic Street, Valletta of the followingproperty.
The apartment internally marked numberfour (4) forming part of a block of eight apartments situated on the second (2)floor officially numbered one hundred and thirty one (131), in Triq San Pawlcorner with Triq San Duminku, Valletta overlying and underlying other thirdparties apartments in the same block, hall, stairwell with common lift,washroom, common roof with the other apartments in the same block, free andunencumbered valued at one hundred and sixty thousand euro (€160,000).
The said tenement is the property ofCINI ANTHONY (I.D.474750M), MARYANNE GATT (I.D.96764M), PAUL SCHEMBRI(I.D.229166M), MARK SCHEMBRI (I.D.235477M), GRACE SCHEMBRI (I.D.39232M).
N.B. The said tenement will be sold asdescribed in the acts of file number 48/14.
MarvicFarrugia
For the Registrar, Civil Courts andTribunals
03 Ġunju 2016