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Court Notices published in Govt. Gazette No. 19,739 of 10 March 2017
01/01/2017
Notice 401
401DKR 231/2009 – Variation of a Freezing Order
It is being notified that by adecree dated 23rd February, 2017, given by the Criminal Court (Madame JusticeEdwina Grima) after an application filed by Kevin Sammut on the 15th February,2017, Bill of Indictment no. 3/2016 in the case:
The Republic of Malta
Versus
Kevin Sammut, 36 years, son of Anthony and Rita néeBonnici, born in St Julian’s, Malta, on the 5th October, 1980, residing at CasaSammut, Triq l-Imgħażel, Swieqi, Malta, and holder of Maltese identity cardnumber 514880(M).
The Court Authorised Global Capital Society totransfer all the assets from the account known as The Protected Asset Tep FundNo. 2 EUR and invest them in another way provided that they has to indicate bya note where and how these assets were invested, which investment has to beaffected by the freezing order.
This variation is being made according to Section 22A ofthe Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and section 23A ofthe Criminal Code, Cap. 9 of the Laws of Malta following a freezing order givenby the Court of Magistrates (Malta) as a Court of Criminal Inquiry –(MagistrateDr Miriam Hayman, LLD) on the 23rd September, 2009, and published in theGovernment Gazette of the 25th September, 2009, where the Court ordered theattachment in the hands of third parties in general all moneys and othermovable property belonging to Kevin Sammut.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud., Dip. Not. Pub.,LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals
Notice 402
402By decree given by the Civil Court, First Hall on 1stFebruary, 2017, on the application of Tabone Dr Michelle noe, Wednesday, 22ndMarch, 2017, at ten in the morning (10.00 a.m.), has been fixed for the Sale byAuction, to be held at number (2) and number (3) in Triq l-Arċisqof, Valletta,of the following items seized from the property of Borg Mario (ID 421457M).
Nine (9) wooden tables, three (3) wardrobes, 2 seatersofa and two armchairs, desk brown in colour, four (4) big glass showcases andone (1) small, four (4) chests, two (2) wardrobes and four (4) small tables,chairs, chandelier, printing machine of the mark Gesteiner and other variousobjects.
N.B. The said objects will be sold as described in theacts of judicial sale file number 4/17.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Bann for Curators
403Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 21st June2016, following a request of Miriam Glanville, it was ordered that deputycurators be chosen to represent the heirs of Salvatore and Roberto Micallef, inthe schedule number 924/2016, in the names Miriam Glanville vs deputy curatorsand in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption ofgroundrent, filed, in the First Hall Civil Court, in the names MiriamGlanville, wife of Norman Glanville, housewife, daughter of Carmelo Sammut andHelen née Zammit, born in Saint Julian’s, on the 23rd October 1953 and residingin Swieqi, identity card 759153M vs 1) Deputy Curators appointed to representthe heirs of Salvatore and Roberto Micallef, and it is not known whether theyare alive and are thought to be deceased; 2) Deputy Curators appointed torepresent the heirs of Giovanna Cuschieri, who are not known whether they arealive or are thought to be deceased, on the 16th June, 2016, the interpellantMiriam Glanville, respectfully pleaded;
That by means of a contract of donation, dated 24thApril, 2008, of Notary Doctor Patrick Critien, the interpellant acquired allthe airspace overlying the block of two appartmentrs and two shops and whichblock of appartments is without number and with the name of ‘Family Flats’ inBernardette Street, San Ġwann. This airspace measures about 100 square metres(100 sq.m)or more correct measurement and borders on the south with BernardetteStreet, on the north and on the west with property of spouses Sammut or theirsuccessors in title.
That the said contract describes the said airspace asfree and unencumbered, however from searches made by the interpellant itresulted that the said airspace is burdened with its rate of annual andperpetual grounrent and sub-groundrent payable to the respondents in the amountof (€19.04) or rather one-fifth (1/5) undivided from the total groundrent andsub-groundrent burdening the said block of appartmentrs. The remaining fourthfifths (4/5) burden the two appartments and two shops forming part of the blockabove mentioned.
That the interpellant wants to redeem the saidgroundrent and sub-groundrent burdening the said airspace and thus is availingherself of the faculty given to her by Artricle 1501 of the Civil Code andredeem the said groundrent of nineteen euro and four cents (€19.04) capitalisedat 5% by depositing the sum of three hundred and eighty euroand eighty cents(€380.80), which sum is to be freely given to the respondents after they leavethe due recipt according to law and according to every other provsion which regulatesthe redemption of groundrent.
With costs
Interpellant: 235, Glanville, Triq tal-Franċiż, Swieqi
Respondent: Deputy Curators
Services: Director Public Registry (two copies) PublicRegistry, Casa Bolino, West Street, Valletta
Land Registrar, Land Registry, Casa Bolino, WestStreet, Valletta
You are therefore ordered to affix an official copy ofthis bann at the entrance of this Superior Court and to summon whosoever wishesto act as curator to appear before this Registry within six days and by meansof a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if hefails to make this declaration within the stipulated time, the Court willproceed to the selection of Curators of Office.
And after so acting or if you ahould encounter anydifficulty in the execution of this bann, you are to inform forthwith thisCourt.
Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr.Justice Joseph R. Micallef, LLD, Doctor ofLaws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 404
404By means of a decree given, by the First Hall CivilCourt, on the 13th October 2016, in the records of the Sworn Application, inthe names Falzon Kevin vs Fenech Martin Dr et noe, application number 930/16JPG, the following publication was ordered for the purpose of service of therespondent Christopher Gatt, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn application, filed, in the FirstHall Civil Court, in the names S. N. Properties Limited (C 14550) vs Bank ofValletta plc (C 2833) Christopher Gatt (ID 177572M) Cheryl Gatt (ID 22956A) andKevin Falzon (ID 259273M) for any interest he may have, on the 6th October,2016, the applicant S. N. Properties Limited (C 14550) and George Portelli (ID493662M) in his capacity of Director of the same company asked this HonourableCourt:
1. In the first place to order the suspension of the judicialsale number 70/06 in the names ‘Kevin Falzon vs Dr Martin Fenech’ pending thefinal and definitive outcome of the present procedures’;
2. Declare that the applicant company ranks before therespondents particulary the Bank of Valletta plc, in regard to the propertywith the address ‘Roxanne’ in Triq il-Gladjoli, Madliena, and this in terms ofthe special hypothec with progressive number 5943;
3. Revoke contrario imperio the decree dated 14thSeoptember, given in the records of the judicial sale number 70/06, in thenames ‘Kevin Falzon vs Dr Martin Fenech’;
4. Admit the applicant company to be a bidder animocompensandi in the judicial sale number 70/06, in the names ‘Kevin Falzon vs DrMartin Fenech’.
Notify: Christopher Gatt, Delija, Flat 2, Triq SanPawl il-Baħar, San Pawl il-Baħar
The Sworn Application in the names Falzon Kevin vsFenech Martin Dr et noe, application number 930/16 JPG, has been deferred forhearing to the 13th March, 2017, at12.45 p.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 405
405By means of a decree given, by the First Hall CivilCourt, on the 1st March, 2017, in the records of the Sworn Application, in thenames Bugeja Stanley vs Galea Pace Kurt, Application number 1020/16 MCH (FirstHall) the following publication was ordered for the purpose of service of therespondent Kurt Galea Pace, in terms of Article 187(3) et seq. of Cap. 12.
By means of a Sworn application, filed, in the First HallCivil Court, in the names Stanley Bugeja (ID 471270M) vs Kurt Galea Pace (ID243667M) on the 8th November, 2016, the applicant Stanley Bugeja (ID 471270M)asked this Honourable Court:
1.To declarethat the respondent is in default contractually in the execution of thecontract of works of the 25th June, 2014,since the works carried out by himfollowing the request of the applicant in the premises ‘Nautilus’, TriqAlessandro Curmy, Rabat, limits of Ħad-Dingli, were not carried out accordingto the art or trade or were not completed within the period established in theagreement and uphold the other demands in the application amongst which theliquidation of damages and the payment of the same damages liquidated.
With costs as demanded against the respondent summonedso that a reference to his evidence be made
Notify Respondent: 20, Fairview, Triq V. Boron, SanPawl tat-Targa, l/o Naxxar NXR 2280.
The Sworn Application in the names Bugeja Stanley vsGalea Pace Kurt, application number 1020/16 MCH (First Hall) was deferred forhearing to the 16th March, 2017, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 406
406DKR 236/2010 – Variation of a Freezing Order
It is being notified that by a decree dated 7thFebruary, 2017, given by the Criminal Court of Appeal - (Mr. Justice DavidScicluna) after an application filed by Alexander Scudamore on the 28thNovember, 2016, and following judgement given by the Court of Magistrates(Malta) as a Court of Criminal Judicature – (Magistrate Dr Doreen Clarke, LLD)on the 5th June, 2012, in the case:
The Police
(Supt. Ian Joseph Abdilla)
Versus
Alexander Scudamore, 53 years, son of Alexander andJosephine née La Rosa, born in Lambeth, England, on the 15th October, 1963,residing at number 18, Flat 1, Triq L. Graham, Tas-Sliema, Malta, and holder ofidentity card bearing number 458986(M).
The Court ordered that the freezing order issued onthe 16th June, 2010 is applicable only on the property pertaining to theappellant till the 7th February, 2017, and not on any other property thatAlexander Scudamore acquires after the 7th February, 2017.
This variation is being published in terms of Section5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta andSection 23A(2) of the Criminal Code, Cap. 9 of the Laws of Malta, followinganother decree given on the 6th March, 2012, by the Court of Magistrates as a Courtof Criminal Inquiry (Mag. Dr Doreen Clarke), following another decree given onthe 18th January, 2012, by the same Court and following a freezing order givenon the 16th June, 2010, by the same Court, whereas the Court ordered theattachment in the hands of third parties in a general manner, all monies andother movable property which may be due to or belonging to Alexander Scudamore.
Dr John Seychell Navarro
Dip. Hlth Science, Dip. Mgmt Stud., Dip. Not. Pub.,LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals
Notice 407
407By a decree of the 21st February, 2017, given by theFirst Hall of the Civil Courts, ordered that the extract hereunder mentioned bepublished for the purpose of service according to article 187(3) of the Code ofOrganization and Civil Procedure (Cap. 12).
That by the application filed by Bank of Valletta plc(C 2833) on the 19th December, 2016, is asking for the withdrawal of the amountof €12109.07 deposited by the Schedule of Deposit number 1510/16 in the namesof:
Bank of Valletta plc (C 2833) vs Jurgen Cassar (ID262691M)
The Court ordered the notification of this applicationwith four (4) days for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 408
408NOTICE BY THE REGISTRY
OF THE CIVIL COURT, FIRST HALL
Whereas Tatjana Jovanova-Mitrovic pro et noe (Passp.Holland No NT7FL9F36) filed an application under oath (No. 194/2017/LSO)demanding Correction in the Act of Birth Number 1177/2003 in the PublicRegistry.
Whosoever may have an interest therein, and wishes tooppose that demand, is hereby called upon to do so, by means of a note to befiled in the Registry of these Courts, within fifteen days from the day of thepublication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filedsuch note, shall be notified by the service of a copy of the said applicationunder oath, of the day which will be appointed for the hearing of the case.
By order of the Court
Josette Demicoli
For Registrar, Civil Courts and Tribunals
Notice 409
409By a decree of the Small Claims Tribunal of the 17thJanuary, 2017, the publication of the following extract was ordered for thepurpose of service in terms of Article 187(3) of the Code of Organisation andCivil Procedure (Cap. 12).
GO plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501,filed a Claim on the 18th November 2016 whereby they asked the Tribunal tocondemn Anton Vlad Ilief (Passport Number 04173696) of Havana, Flat C, TriqSanta Rita, Paceville, to pay the plaintiff company the sum of €2, 284.16,which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim Number 555/16PA) is deferred on the21st March, 2017, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 410
410By a decree of the Small Claims Tribunal of the 17thJanuary, 2017, the publication of the following extract was ordered for thepurpose of service in terms of Article 187(3) of the Code of Organisation andCivil Procedure (Cap. 12).
GO plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501,filed a Claim on the 18th November, 2016, whereby they asked the Tribunal tocondemn Alexander Hilton (ID 0052571A) of 96, Flat 5, Triq Ġużeppi Callus,Mosta, to pay the plaintiff company the sum of €1, 221.53, which amount is dueto the plaintiff company.
With costs and legal interests
The case (Claim Number 545/16PA) is deferred on the21st March, 2017, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 411
411By a decree of the Small Claims Tribunal of the 10thJannar, 2017, the publication of the following extract was ordered for thepurpose of service in terms of Article 187(3) of the Code of Organisation andCivil Procedure (Cap. 12).
Colin Sant (ID 238072M) carrying on trade in the nameof Dad’s Service Station, Mosta Road, San Pawl il-Baħar, filed a Claim on the9th November, 2016, whereby he asked the Tribunal to condemn Joseph Galea (ID31182M) of Silvestry, Triq il-Qammieħ, Mellieħa, to pay the plaintiff the sumof €1256.13, which amount is due to the plaintiff.
The case (Claim Number 510/16PA) is deferred on the21st March, 2017, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 412
412NOTICE BY THE REGISTRY
OF THE CIVIL COURT, FIRST HALL
Whereas Nejah Nasrallah (ID No 49111L) filed anapplication under oath (No. 198/2017/LSO) demanding Correction in the Act OfBirth Number 586/2015 in the Public Registry.
Whosoever may have an interest therein, and wishes tooppose that demand, is hereby called upon to do so, by means of a note to befiled in the Registry of these Courts, within fifteen days from the day of thepublication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filedsuch note, shall be notified by the service of a copy of the said applicationunder oath, of the day which will be appointed for the hearing of the case.
By order of the Court
Josette Demicoli
For Registrar, Civil Courts and Tribunals
Notice 413
413By means of a decree given, by the Court of Appeal,Superior Appeals, (Kurja Appeals) in the records of the Application number72/16, in the names Fabienne Micallef (ID 0381676M) vs Mark Bonello (ID0429266M) the following publication was ordered for the purpose of service ofthe respondent Mark Bonello (ID 0429166M) in terms of Article 187(3) et seq. ofCap. 12.
By means of an Application,filed, in the Court of Appeal (Superior Appeals)(Kurja Appeals), ApplicationNumber 72/16, in the names Fabienne Micallef (ID 0381676M) vs Mark Bonello (ID0429166M) on the 8th July, 2016, the applicant Fabienne Micallef (ID 0381676M)respectfully pleaded:
That the applicant is a Maltese citizen, and domiciledin Malta and residing in the premises Philip House, Number 41, Triq PietruGriscti, Rabat, Malta, on the ninth (9) of September of the year two thousand(2000) married, the respondent Mark Bonello, also domiciled in Malta, andresiding in the premises 1A, Block A, Binja Ġebel,id-Dwejra, Triq San David,Mtarfa, Malta.
That the applicant and therespondent were married by Catholic rite on the ninth (9) of september of theyear two thousand (2000) in the parrochial church collegiate of St Paul, Rabat,as indicated in the certificafe of marriage which bears the registration numberone five five eight stroke two zero zero zero 1558/2000, hereby annexed andmarked ‘Doc. A’.
That their marriage was definitely and finallydeclared null in force of an Executive Decree issued by the MetropolitanTribunal of Malta, on the sixth (6) of April of the year 2016, hereby attachedand marked ‘Doc. B’
That it has to be explained that such decree given bythe Tribunal of Second Instance of the Maltese Episcopal Conference, given onthe 6th April of the year 2016 (Doc. B) was given after the said Tribunal ofSecond Instance had given a definitive judgement in the present case and namelyMark Bonello vs Fabienne Micallef (Prot no 10/31) which judgement was given onthe twenty sixth 26) of February of he year 2016 (Prot. no. 10/31) herebyannexed and marked ‘Doc. C’ were according to Canon Law, the parties had 15working days in order that the parties appeal (page 20 of the judgement dated26th February, 2016) (Doc. C) which judgement was promulgated Declaration ofnullity in the marriage of the applicant.
That no appeal by anyone of the parties was filed andthus the judgement became executive as stipulated by the Executive Decree (Doc.B).
Thus in view of the above the applicant respectfully praysthis Honourable Court so that:
1. It declares that the judgementgiven by the Regional Tribunal of Second Instance for the EcclesiasticalTribunal of Malta, which judgement was given on the 26th February, 2016 (Doc.C) as confirmed by an Executive Decree (Doc. B) issued by the Regional Tribunalof Second Instance of the 6th April of the year, 2016, in virtue of which suchmarriage between the parties celebrated by Catholic rite in the parrochialchurch of Saint Paul’s Bay, on the 9th September 2000, which was declared nulland without effect by the Ecclesiastical Tribunal of Second Instance, shouldhave effect at Maltese Law, on the basis of Articles 23 and 24 of Cap. 255 ofthe Laws of Malta and thus should be acknowledged as if it were a judgement givenby the Maltese Civil Court and which became ‘res judicata’ in the annulment ofmarriage between the parties on the basis of the reasons brought forward in therelative judgement annexed and marked ‘Doc. C’;
2. Declare the judgement above mentioned as executablein Malta;
3. Register the said judgement in terms of Cap. 255 ofthe Laws of Malta;
4. Order that in view of the declaration, in thefirst, of the second and third demand of the demands of this application, thisHonourable Court order the Director Public Registry, to register as should bethe decision of the Metropolitan Tribunal of the Archidiocese of Malta, of the26th February, 2016, (Prot 10/31) which declared null the marriage between theapplicant Fabienne Micallef and the respondent Mark Bonello, as explained indetail in the first demand of the demands of this application;
5. Give any other provision that this Honourable Courtdeems fit and opportune.
Documents annexed
Notify Respondent: 1A, Block A, Binja Ġebel id-Dwejra,Triq San David,Mtarfa, Malta
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 414
414By decree given by the Civil Court, First Hall on 17thFebruary, 2017, on the application of HSBC Bank Malta plc (C 3177), Thursday,11th May, 2017, at eleven in the morning (11.00 a.m.), has been fixed for theSale by Auction, to be held on the First Floor of these Courts of Justice, Triqir-Repubblika, Valletta, of the following property.
Apartment without its relative airspace, internallynumbered seven (7) situated at sixth level of building marked as ʻBlock B’forming part of a larger block named ‘Triton Mansions’, which apartment islocated on the left hand side when one faces the said block from Triqit-Turisti, Saint Paul’s Bay, including the undivided share of the common partswhich include the stairs leading to the block from the street, the entrance,entrance hall, the lift and the lift shaft, sairs and stairwells of the blockto the apartments and to the garages complex but exclude the roof and theairspace of the said block valued at two hundred and forty two thousand euro(€242,000).
Garage without its relativeairspace, internally numbered eight-four (84) situated at upper basement level(that is the second level of building), underlying and overlying third partyproperty and forming part from a complex of other garages accessibly fromcommon driveway with the other garage abutting ramp in Triq it-Turisti, SanPawl il-Baħar occupied by third parties valued eighteen thousand (€18,000).
The said tenement is the property of Brook MichaelKevin (UK 019858855) and Brook Marika née Mifsud (ID 261170 M).
N.B. The said tenement will be sold as described inthe acts of judicial sales number 43/2016
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 415
415Banns for Curators
Republic of Malta
To The Executive Officer (Courts of Magistrates, Gozo)
By means of a decree given by the Court of Magistrates(Gozo), Superior Jurisdiction, General Section on the 7th March, 2017 in therecords of the Sworn Application bearing reference number 17/2017PC, in names“Bernarda and Salvatore spouses Grima versus deputy curators to be chosen torepresent the absent Loreto Grima” in the records of said sworn application andin the relative and subsequent acts.
By means of the said sworn application, the approval,in terms of section 495A of the Civil Code, is being requested for the sale ofthe house officially numbered 42 in Triq Malta, formerly denominated as Triql-Ixprunara, Għajnsielem, Gozo, which property originally belonged to AntonioGrima and his wife Anne née Kenneth, out of which property the said absentLoreto Grima owns the share of one undivided share out of twenty (1/20).
You, the executive officer of the Court of Magistrates(Gozo) are therefore ordered to affix an official copy of these banns at theentrance of this Court, and to summon whosoever would like to act as curator toappear in this Registry within six days, and by means of a minute to submit adeclaration that he would like so to act.
You are also ordered to informeach and everyone that if he fails to make this declaration within thestipulated time, the Court will proceed with the selection of officialcurators. And after so doing, or if you should encounter any difficulty in theexecution of these banns, you are to inform forthwith this Court.
Given by the Court of Magistrates (Gozo) SuperiorJurisdiction, General Section, above mentioned, as witnessed by the Hon.Magistrate Dr Paul Coppini LLD, Magistrate of the above mentioned Court.
General Jurisdiction, Superior Section
Diane Farrugia
For the Registrar, Gozo Courts and Tribunals
Notice 416
416NOTICE BY THE REGISTRY
OF THE CIVIL COURT, FIRST HALL
Whereas the plaintiff Sylvana Psaila (ID 110878M)filed an application under oath (No. 30/17 AL) demanding Corrections the Act ofBirth of the minor Owen Alananbeh number 3185/2000in the Public Registry.
Whosoever may have an interest therein, and wishes tooppose that demand, is hereby called upon to do so, by means of a note to befiled in the Registry of these Courts, within fifteen days from the day of thepublication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filedsuch note, shall be notified by the service of a copy of the said applicationunder oath, of the day which will be appointed for the hearing of the case.
By order of the Court
Rita Mangion
For Registrar, Civil Courts and Tribunals
Notice 417
417By a decree of the Small Claims Tribunal of 13thFebruary 2017, the publication of the following extract was ordered for thepurpose of service in terms of Article 187(3) et seq. of the Code ofOrganisation and Civil Procedure (Cap 12).
Luciano Bianco Ltd (C 7313) of 21, Triq il-Merkanti,Valletta, filed a Claim on the 4th November, 2016, whereby they asked theTribunal to condemn Gilbert Camilleri of Baston View, Flat 2, Triq RomanoCarapecchia, Fgura, to pay the plaintiff company the sum of €472, which amountis due to the plaintiff company.
With costs and legal interests
The case (Claim Number 505/16CZ) is deferred on the16th March, 2017, at 12.15 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 418
418It is hereby notified in virtue of the powersconferred on it by Section 257 of the Civil Code, the Court of Revision ofNotarial Acts, by a Decree dated the 28th February 2017, and this after awritten plea Numbered 17/2017, Ordered:
The correction of the Act of Birth of Geordie Calleja,bearing number 4165 of the year 2014, under the column entitled ʻParticularsrespecting the child – Sex’ the word ʻMALE’ is to be removed and substitutedwith the word ʻFEMALE’.
Janet Calleja
F/ Registrar, Court of Revision of Notarial Acts
Notice 419
419By means of a decree given, by the Court ofAppeal,(Inferior Appeals) on the 21st October, 2016, in the records of theAppeal Application, in the names Automated Revenue Management Services Ltd vsJohn Vella, application number 270/15/1, the following publicatioon was orderedfor the purpose of service of the respondent John Vella,in terms of Article187(3) et seq. of Cap. 12.
By means of an Appeal Application, filed, in the Courtof Appeal (Inferior Appeals)Application 270/15/1,following judicial letter2002/15, in the names Automated Revenue Management Services Limited (C 46054)vs John Vella (ID 499870M) on the 27th July 2016, the company Automated RevenueManagement Services Limited (C 46054) respectfully pleaded:
That by means of judicial letter number 2002/2015, thecompany Automated Revenue Management Services Limited (C 46054) called upon theappellant John Vella to pay the amount of nine thousand and fifteen euro andeight cents (€ 9,015.08) representing balance due for consumption of water andelectricity, rent for the water and electricity meter, administrative expensesand interest due on account number 101000182029, relative to the premises withaddress, 9, Shop, Dawret, il-Gżejjer, Saint Paul’s Bay.
That John Vella, by means of an application, opposedthis judicial letter for the following reasons, that the request of theapplicant company is prescribed with the passage of prescription, that themeter was in a building which was demolished and was removed by the contractorand returned to Enemalta although the amount is not due and asked the FirstCourt, to declare that the request of the applicant company as unfounded infact and at law;
That the applicant company replied that the pleas asbrought forward by the applicant John Vella are unfounded in fact and at lawand the claims brought forward by the compny Arms, by means of judicial letternumber 2002/2015 of the 19th August, 2015, are to be confirmed with all costs,against John Vella.
That by means of a judgement dated 13 th July, 2016,the Court of Magistrates, decided to uphold the first preliminary plea of therespondemt applicant John Vella, with costs against the applicant company andnamely that the demand is prescribed.
That the facts in brief are the following:
That John Vella had been given the supply ofelectricity and water in the premises 9, Shop, Dawret, il-Gżejjer, Saint Paul’sBay, by means of the service as shown from the account number 101000182029.
That John Vella made a payment on this account on the24th February, 2012, in th amount of (€55) in ordwer to remove the electricitymeter.
That the respondent never applied for the removal ofthe water meter but this meter for some reason did not remain in the premises9, Shop, Dawret il-Gżejjer, Saint Paul’s Bay.
That the statement presenmted as Doc. RB1 clearlyshows that the balance that was styill due till the 17th July 2015, was of(€9080.08).
…omissis…
That the applicant company felt aggrieved by thejudgement of the First Court and thus is filing this humble appeal.
That the grievances consisted in the following:
The First Grievance
That the First grievance consists in the fact that theHonourable First Court, failed to examine in detail the material brought beforeit by the applicant company in its complexity.
That the appellant company brought ample credible andconstant proof as regards prescription as required by Article 559 of Cap 12.
That the plea of prescription was brought forward byJohn Vella, which declaration that ‘he never recieved a letter from the Court’was the primary proof for the Court of First Instance in order to reach theconclusion that the prescription was not interrupted by the appellant company,whilst the ample proof brought by the same company were avoided.
That in the first place the Court of First Instnce,begins by stating that there is no proof of the judicial letter where theappellant company made its request.
That this judicial letter bears the number 2002/2015,was presented on the 19th August, 2015, and by mean of its service the presentcause was commenced according to Articl 466 (2) et. seq. of Cap.12 of the Lawsof Malta.
In the second place, the Court of First Instancestates that ARMS did not bring proof of what it demanded in the judicialletter. It is affirmed that it s not a legal requisite that the judicial lettercontains all the facts with the circumstances relative to the demands, it is arequisite however that the judicial letter have a general description of therequests and reasons behind them.
That it is the legal custom that there is proof duringthe cause as the applicant company effectively did ,by means of the legalrepresentative of ARMS, which presented a statement of account which amplyshows and in detail what the appellant company was asking …omissis…
That the amount demanded by the appellant company inthe judicial letter is duly represented in the total which is found at the endof the statement.This amount clearly shows that the amount which was demandedby ARMS was of (€9080.08).
That the Court of First Instance is dealingexclusively on the preliminary plea of prescription whilst the amount demandedwas a question of merit.
That in the third place the Court of First Instancestates that ‘the bill should not continue to increase once there was noservice. That this was a completely erroneous declaration on the part of theCourt. With all due respect the Court of First Instasnce failed to take intoconsideration the following facts:
1. Doc. RB 3 clearly showed that only one applicationwas made for the removal of the meter and namely that of the electricity meter.Since no application was made for the removal of the water metre the account isstill active.
2. That with the due respect, the Honourable FirstCourt, failed to inform that the correct legal position is that the interestscontinue to accumulate on the same account on amounts which have still not beenpaid.
That in the fourth place it is the case that theaccount exhibited by the appellant company, covered the period from the 5thJune, 2010, till the 5th October, 2010, however this was issued on the 23rdOctober, 2011. Whilst that it is the case that the same bill is an estimate onecannot remove this bill and state ‘that it is not a proper bill’ …omissis…
That despite that this bill is an estimate, it shouldstill be considered as a demand for payment. It is unknown to the plaintiffcompany for which reason this is not considered as a ‘proper’ bill for whichterm the Court of First Instance never gave a definition of what should beconsidered as a proper bill.
That with the due respect the bill exhibited was notevaluated in its complexity since the Honourable Court, stated that ‘ the billnever resulted from anywhere in sthe Statement of Account RB1’. That in thiscase also the Court failed to evaluate and see clearly the proof brought beforeit.
…omissis…
That altough it is an established principle that anAppeals Court does not disturb the proof as brought before the Court of FirstInstasnce, when the proof as evaluated by the Court is considered as not toreflect the reality as happened in this case, then the Court of Appeal shouldmake an exception as in this case.
…omissis…
The Court of Appeal should use its discretion in ordernot to disturb the decision of the Court of First Instance, when it sees that amanifest injustice is to be made due to the fact thast the proof was not wellevaluated by the Court of First Instance.
…omissis…
The fact that the Court of First Instance wronglyinterpreted the proof brought before is gives rise so that this HonourableCourt of Appeal, in order to evaluate the proof brought by the respondentcompany,correct the injustice made in regard to the appellant company.
That this Honourable Court, thus should examine againthe proof as brought before the Court of First Instance, in order that it be ascertainedthat the conclusiions of the Court of First Instance, based on the facts fromthe proof as presented, be the correct ones.
The Second Grievance
That the second grievance consists in the fact that asa result of lack of correct evaluation of the proof the First Court declaredthat the demand of the appellant company is prescribed. That it emerged clearlyfrom the proof produced that the demand contained in the judicial letter of thecompany ARMS was not precribed and this as shall be explained here,
That as one an see from the statement marked Doc. RB1,it appears that the last payment made on this bill was of (€55) on the 24thFebruary, 2012.
That the paSsage of prescription comences when theaction can be lastly taken according to Articlke 2137 of Cap. 16 …omissis…
That thus sincethis compromise was reached for the removal of the meter in the account of JohnVella, then the passage of the period of precription had to commence in factfrom that date and namely from the 24th February, 2012.
Because the demands for payment by the applicantcompany are those contemplated in Article 2156 (f) the term that applies to therespondent company is that of five years from when the action can be taken,which date is that of the 24th Febnruary 2017. That one is to taken intoconsideration also the fact that this term was duly interrupted by means of ajudicial letter 2002/2015, dated 19th August 2015, for which letter theapplication of the present cause was made.. Thus by means of the above one canclearly see that this action is not only prescribed, but there is still ampletime so that the company ARMS bring foward trhe action which is due to it.
Thus the applicant company, whilst referring to theproof already brought before the Honourable First Court, it reserves to bringfurther proof at this stage , prays with respexct that this Honourable Court ofAppeal cancel and revoke the judgement given by the Court of Magistrates on thethirteenth of July, 2016, in the names Automated Revenue Management ServicesLimited vs John Vella (Application number 270/15) uphold the appeal bydeclaring that the demand of the applicant company is not prescribed, as wellas order the continuation of ther cause with costs and interests against thesame appellant.
The Apperal Application in the names Automated RevenueManagement Services Limited vs John Vella, Application number 270/15/1, hasbeen appointed for hearing on the 18th April, 2017, at 9.15 a.m.
Notify respondent: Outriggier Court, Flat 4, Dawretil-Gżejjer, San Pawl il-Baħar
Reġistry of the Superior Courts (Inferior Appeals),today 9th March, 2017
Adv. Frank Portelli, LLD
For the Registrar,Civil Courts and Tribunals
Notice 420
420By means of an application filed in the Civil Court ofVoluntary Jurisdiction Section, on the 14th December, 2016, Application number1336/2016 by Elton and Jamir brother and sister Camilleri, whereby they prayedthat it be declared open in their favour in the quota of one half (1/2)undivided share each one of them the Succession of their father CharlesCamilleri, son of Alfred and Francesca née Mangion, born in Tal-Pietà, residedin Fgura and died in Tal-Qroqq, Msida, on the 20th August, 2016, aged 54,holding identity card number 0253962(M), intestate.
Wherefore any person who considers to have an interestin the matter is hereby called upon to appear before the said Court and tobring forward his objections hereto by a minute to be filed within fifteen daysfrom the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 421
421By means of an application filed in the Civil Court ofVoluntary Jurisdiction Section, on the 14th February, 2017, Application number208/2017 by John Webster Stevenson Houston and Sally Anne Moore, whereby theyprayed that it be declared open in their favour the Succession of their fatherRonald Webster Stevenson Houston, widower, son of Jack Houston and MargaretO’Grady, born in Kirkeudbright, Scotland and and died in Tal-Qroqq, Msida onthe 4th December, 2015, aged 66, holding English passport number 530311831,intestate.
Wherefore any person who considers to have an interestin the matter is hereby called upon to appear before the said Court and tobring forward his objections hereto by a minute to be filed within fifteen daysfrom the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals