Court Notices published in Govt. Gazette No. 19,591 of 14 June 2016

By means of a decree of the 23rd March 2016 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2007/2015 in the names Automated Revenue Management Services Limited vs Marlon Vella the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Marlon Vella (ID 120490M) of 1, Sqaq il-Wied Nru 4, Qormi.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €5,035.35 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative costs, connection and disconnection fees, together with interest due on the Amount, regarding the bill holding number 411000006552 of the premises with address Mary Garage, Triq il-Kanun, Qormi, which amounts to €5,035.35.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the Amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd June 2016 of the Rent Regulation Board in the records of judicial letter number 3603/15, in the names Iris Cacciattolo et vs Godwin Gatt, the following publication was ordered for the purpose of effecting service on the defandant in terms of Article 187(3) of Cap. 12.

In the Rent Regulation Board

To Godwin Gatt of Alfrida, Flat 8, Triq Tas-Sliema, Gzira.

By the present Iris Cacciattolo (ID 268348M), Miriam Sultana (ID 492644M), Charles Pace, Andrew Pace, Edward Pace, Mary Rose Pace, Alfrida Debattista and the heirs of the deceased John Pace solicits you so that within one month from this judicial letter you evict and vacate the premises above mentioned rented to you and this since the interpellants do not intend to allow you to occupy the same premises since (1) in the first place you do not enjoy any title of lease, given that you did not live in the same premises with your parents in a permanent manner and (2) even if it were the case and without prejudice to the above, given that this lease is renewed from month to month, the interpellants are currently giving you notice for this lease to be terminated.

So much so you may know how to regulate yourself.

With costs.

Interpellants: No 4, Alfrida, Sliema Rd, Gżira.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Rent Regulation Board, on the 12th May 2016, in the records of the Sworn Application, in the names Orlando Emilio et vs Cassar Victor, application number 63/2015 MV, the following publication was ordered for the purpose of service of the defendant Victor Cassar, in terms of Article 187(3) et. seq.of Cap. 12.

By means of a Notice of Hearing of a cause issued by the Registry Superior Courts, on Thursday 11th February 2016, the application in the names Orlando Emilio et vs Cassar Victor, application number 63/2015 MV, was appointed for hearing on Monday 22nd February 2016, at 10.30am and deferred to the 4th April 2016, at 10.30am and deferred to the 12th May 2016 at 9.30am and deferred to the 23rd June 2016 at 9.30 a.m.

Notify Defendant: 103, Flat 2, Triq Hal Luqa, Tarxien.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal (Inferior Jurisdiction) on the 25th May 2016, in the records of the Appeal Application, in the names Caruana Glenn vs Bowman Joseph, application 787/13, Small Claims Number 787/13 YMS, the following publication was ordered for the purpose of service of the respondent Joseph Bowman, in terms of Article 187(3) et seq. of Cap. 12.

By means of an Application Application, filed, in the Court of Appeal (Inferior Jurisdiction) Application number 787/13, Small Claims Number 787/13 YMS, Glenn Caruana vs Joseph Bowman, the applicant Glenn Caruana (ID 96184M) respectfully pleaded;

That in virtue of a judgement given on the 28th October 2014, the Small Claims Tribunal rejected the demands of the same Glenn Caruana since they were not proved.

That the applicant felt aggrieved by the same judgement and is thus filing this Appeal before this Honourable Court.

The facts in brief were the following.

A summons was filed for the money which is due to Glen Caruana from Joseph Bowman. The same Glen Caruana had stated that he was going to prepare the affidavit in order to settle the procedures. On the 1st October a child was going to be born and an application was made in order to obtain an adjournment. On that day the affidavits were to be produced.The Tribunal rejected the demand for adjournment by a decree of the 1st October 2014.

An Application was made immediately a few days after so that the Tribunal, revoke contrario imperio and give once again the opportunity that the proof be made. By a decree of the 21st October 2014, the Tribunal rejected the request.During the sitting which was being held on the 1st October, the Adjudicator in the Tribunal had declared that she was not going to wait and prolong because now the Adjudicators in the Small Claims Tribunals are being paid according to the number of cases pending before them which are decided.

It being known that this was expressed in open Court even in the presence of the Lawyer of the respondent, the applicant filed an application to challenge the Adjudicator...omissis....By a decree of the 28th October 2014, The Tribunal dismissed challenge request. In none of the decrees was a reason or motivation given why such decree was being given.

The Grievance is clear and manifest and consists in the following:

According to Article 218 of Cap. 12 all the decisions and decrees are to be motivated. Otherwise there will be what is called arbitrium.

That decided by the Tribunal was absolutely arbitrary in that it did not uphold the request for an adjournment in circumstances which are unique and particular that a child in the family was going to be born..omissis. Even recently on the 7th November 2014, before Magistrate Dr Natasha Galea Sciberras, the same President of the particular Tribunal made a request for an adjournment where proof be the defence was to be brought forward due to family engagements. Naturally the Court of Magistrates upheld the request to adjourn.

This is being stated to show how arbitrary the decision was. Apart from this it is not motivated in any manner.

The lack of motivation brings about nullity.

The same is stated for the decree which was given on the 21st October 2014, when the Tribunal rejected once again the request for revocation without giving any motivation.

.............omissis............

That regarding the decree for challenge there is nullity because of lack of motivation. It is true that there is no appeal from the decision on the merit but it does not mean that there is no appeal when the Tribunal was procedurally mistaken.

Now in this case, there is something which is more grievous, Article 6 of the European Convention and Article 39 of the Constitution speak about the impartiality and independence of the Adjudicator both in the Criminal and Civil spheres. In this case and it can be proved that the President of the Tribunal declared that she had an interest to dispense as quickly as possible from the cases before her in order to be paid. Instead of administering justice she was working by piecework. This is a grievous declaration that goes against the spirit of justice. Article 6 of the European Convention is being quoted as regards Human Rights and Article 39 of the Constitution for the reason that according to the jurisprudence of the European Court for Human Rights in various cases found lack of the necessary impartiality when an adjudicator even remotely had an interest. A particular case which was indicated during the Appeal pleadings is of a Judge from Sweden, whose was husband in business, and a loan with a Bank, and she was deciding a cause where that Bank was involved and the European Court decided that she did not have the necessary impartiality to decide in that case. In this case it was due to her husband’s business, but that a Tribunal states that it does not care but now that payment is being made according to the files decided than there is a manifest financial interest in this particular case and ex admissis by the Tribunal itself in the presence of the Lawyer of the respondent.

Thus the applicant prays with respect that this Honourable Court prays with respect that this Honourable Court for the reasons premised revokes the decree of the 1st October 2014, revokes the decree of the 21st October 2014, revokes the decree of the 28th October 2014 and consequently revoks the judgement appealed and consequently sends the records before the Tribunal differently presided so that it be pleaded and decided according to law.

Whereas the written procedures in the cause before the Court of Appeal between Glenn Caruana vs Joseph Bowman have been closed, the Court, fixed the hearing of this cause on Wednesday twenty fifth (25) of May 2016, at 9.00am and deferred to the 15th July 2016 at 9.15 a.m.

Respondent;Joseph Bowman ‘Toujours’ Vjal De Paule, Balzan.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 22nd January 2016, Application number 65/2016 by Nancy Cilia, where Doris Cilia wife of Joseph Cilia residing at 3, St Joseph, Triq Arznell, St Paul’s Bay, holding identity card number 413540(M) was interdicted by means of a decree given on the 3rd June 2016.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 17th March 2016, Application number 280/2016 by Anthony Saliba, where Paola Saliba widow of John Saliba residing at 6, Triq San Rafel, Qormi, holding identity card number 360029(M) was interdicted by means of a decree given on the 2nd June 2016.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd June 2016, Application number 101/2016 by Maria Dolores Galea et, where George Briffa residing at 7. St George, Triq Burmarrad, San Pawl il-Baħar, holding identity card number 0648227(M) was interdicted by means of a decree given on the 3rd June 2016.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th May 2016, Application number 493/2016 by Philippe Paret and others whereby they prayed that it be declared open in favour of Renate Elise Paret wife of the decujus and this in the quota of one half (1/2) undivided share and in favour of Philippe Paret and Thierry Yvon Paret, children of the decujus and this in the quota of one fourth (1/4) undivided share each one of them the SUCCESSION of Jacques Emile Raymond Paret, son of the late Arthur and Yvonne née Demanet, born at Waterloo in Belgium, resided in Sliema and died in tal-Qroqq, Msida on the 28th August 2014 aged 83, holding identity card number 0061583(A) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th May 2016, Application number 478/2016 by Liberata Saliba whereby she prayed that it be declared open in favour of the same Liberata Saliba, Rita Agius, Beatrice Bartolo, Ann Vassallo, Frank Cutajar, Angelo Cutajar, Carmelo Cutajar u Joseph Cutajar, brothers and sisters of the decujus and this in the quota of one ninth (1/9) undivided share each one of them, and in favour of Julie Magro, Ian (Sebastian) Azzopardi, Joseph Azzopardi, and John Paul Azzopardi children of the late Pia Azzopardi the latter sister of the decujus and this in the quota of one of thirty six (1/36) undivided share each one of them the SUCCESSION of her sister Maria Cutajar, unmarried, daughter of the late John Cutajar and Mary née Farrugia, born and resided in Birzebbugia and died in tal-Qroqq, Msida on the 23rd December 2015 aged 65, holding identity card number 0968450(M) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th May 2016, Application number 511/2016 by Mark Anthony Hersey whereby he prayed that it be declared open in his favour in its enteriety the SUCCESSION of his father Joseph Hersey, son of the late George and Maria Assunta née Darmanin, born and resided in Sliema and died in tal-Qroqq, Msida on the 27th January 2016 aged 81, holding identity card number 0544734(M) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th May 2016, Application number 510/2016 by Yvonne Camilleri, Raymond Camilleri and Susan Camilleri whereby they prayed that it be declared open in their favour the SUCCESSION of Emmanuele Camilleri, son of the late Paolo and Elena née Micallef, born in Birkirkara resided in San Pawl il-Baħar and died in tal-Qroqq, Msida on the 3rd May 2015 aged 79, holding identity card number 0801935(M) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th May 2016, Application number 490/2016 by Yvonne Perici Calascione and others whereby they prayed that it be declared open in favour of the same Yvonne Perici Calascione and this in the quota of one half (1/2) undivided share and in favour of Joseph Perici Calascione, Irene Forster wife of Stephen Anthony Forster and Alexander Perici Calascione all brothers and sisters Perici Calascione children of the decujus and this in the quota of one sixth (1/6) undivided share each one of them the SUCCESSION of Giovanni Perici, son of the late Giuseppe Perici and Emanuela née Calascione, born in Senglea, resided in Valletta and died in tal-Qroqq, Msida on the 29th July 2014 aged 85, holding identity card number 0504530(M) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th May 2016, Application number 468/2016 by Alexandra sive Sandra Borg whereby she prayed that it be declared open in her favour in the quota of one half (1/2) undivided share and in favour of Paul Vincent Borg, son of the decujus and this in the quota of one half (1/2) undivided share the SUCCESSION of her husband Paul Borg, son of the late Vincent and Carmen née Caruana, born in Pietà, resided in Swieqi and died in tal-Qroqq, Msida on the 2nd December 2014 aged 54, holding identity card number 0137660(M) intestate.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of a decree of the 5th August 2015, in the records of the judicial letter number 1944/13, in the names Pater Finance Co Ltd vs Enroute Malta Drive Ltd, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent company in terms of Article 187(5) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Enroute Malta Drive Ltd of Wembley Service Station, St Andrew’s Road, Swieqi u/jew 2, Alley 3, Main Street, Qormi, on the 26th June 2013, Pater Finance Co Ltd (C 22643) of UCIMCO Building, B’Kara Road, Birkirkara, whilst reference is made to the bills of exchange attached with this judicial letter number 24 till to 59. On the bill of exchange number 24 there is a balance of €113; on bills of exchange 25 to 59 the amount due is €296 all in connection with account number 080605550, duly accepted by you and lapsed from the 1st July 2010 till the 1st June 2013 and not paid, copies of the said bills of exchange are here attached and marked as Doc PF1.

The interpellant company calls upon you so that within two days you pay the amount of €11,673.00 as for the sum of €10,473.00 due as for the bills of exchange above mentioned and as for the sum of €1,200 due as interest from the day of maturity of each bill of exchange calculated till the 29th May 2013, and also with further interest till the date of effective payment.

In default, the interpellant company will proceed furtherly against you according to law, without further notice, including the issuing of the opportune warrants against you;

This letter is being made for all the purposes and effects of Law and particularly to render the said bills of exchange executable according to law in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

You are also being informed, as requested by Article 253(e) of Cap. 12 of the Laws of Malta, that you can by means of an application that has to be done within twenty (20) days from the day of notification of this judicial letter, you plea the competent Court to suspend the execution of the bill of exchange or bills of exchange above mentioned all or part of them and this if you oppose the execution of these bill of exchange or bills of exchange because the signature on them is not your or of your mandatory or if you have grave and valid reasons to oppose this execution according to law.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th August 2015 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1462/2015 in the names Alfred Cascun vs Keith Pace, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Keith Pace (ID 7281M) of St Mary, Flat 2, Triq il-Blata il-Kaħla, Santa Venera.

By the present, Alfred Cascun (ID 731038M) owner of the shop Windsor Bar, Canon Road, Santa Venera, solicits you so that within three days of this present you return the key of the bar to you rented and vacate from the same because you are to violate several conditions of the rent;

Also solicits you to pay the installments of rent for the months of May and June 2015 because you are in default of payment.

So much so you may regulate yourself.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court.

By means of a decree by the First Hall Civil Court,on the 31st May 2016, following a request of HSBC Bank Malta plc, it was ordered that deputy curators be chosen to represent Zsolt Nyari, in the judicial letter in the names HSBC Bank Malta p.l.c. vs Deputy Curators, Judicial Letter number 1821/2016, and in the relative and subsequent acts.

By means of a Judicial Letter, filed, in the First Hall Civil Court, to Deputy Curators, appointed to represent the absent Nyari Zsolt (ID 66270A) HSBC Bank Malta p.l.c) (C 3177) of 32, Merchants Street, Valletta, refers you to the contract of loan by the interpellant in the records of Notary Doctor Joseph Zammit La Rosa, dated 6th September 2011 and calls upon you so that within seven days from today you pay the sum of fifty eight thousand three hundred forty six euros and eighty-five cent (€58,346.85) due in terms of the same.

In default of payment the interpellant Bank warns you that further Court action shall be taken against you in execution of its executive title without any prior notice.

So much so that you may know how to regulate yourselves.

With costs.

 You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you ahould encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall,above mentioned, with the witness of the Hon. Mr. Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals