Court Notices published in Govt. Gazette No. 19,865 of 19 September 2017

By a decree of the 13th February, 2017, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12)

That by an application filed by HSBC Bank Malta plc on the 21st July, 2017, the said company is asking for the withdrawal of keys from the schedule of deposit 687/16 in the names HSBC Bank Malta plc (C 3177) vs Maurice Galea et in the acts of the judicial sale by auction numbered 69/15 in the names HSBC Bank Malta plc (C 3177) vs Maurice Galea (ID 393668M) and Doreen Galea (ID 450666M). The Court ordered the notification of the application to all the interested parties with a twenty days period to file a reply. 

MARVIC FARRUGIA

For The Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd August, 2017, of the Civil Court First Hall in the records of judicial letter number 1610/17, in the names Solair Development Limited vs DHM Property Investments Limited, the following publication was ordered for the purpose of effecting service on the company DHM Property Investments Limited in terms of Article 187(5) of Cap. 12.

In the First Hall of the Civil Court

To DHM Property Investments Limited (C 29997) of RBSM, Triq il-Ġifen, Buġibba, St Paul’s Bay.

By the present Solair Development Limited (C 4888) whilst making reference to the contract in the records of Notary Andrea Micallef of the 24th March, 2016, by means of which you constituted yourself true, certain and liquid debtor on behalf of the interpellant company in the amount of €32,555 besides the interest at the rate of 8% and which amount had to be paid by you within one year from the same deed, warns you that you failed to pay what is due by you within the time given to you and thus you are being solicited so that within two days from the notification of this act you pay the sum due of €32,555 besides the interest agreed till the date of effective payment.

In default of payment further procedures will be taken against you according to law.

This judicial letter is being made to render the said public deed above mentioned as executive title in terms of Article 253 et seq. of Cap. 12 of the Laws of Malta.

With costs

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 10th August, 2017, Application number 999/2017 by Anthony Cassar and others whereby they prayed that it be declared open in favour of Anthony Cassar and Giovanna Antida Cassar, parents of the decujus and this in the quota of one fourth (1/4) undivided share each one of them and the remaining one half (1/2) undivided share in favour of Anthony Cassar, brother of the decujus the Succession of Maria-Anna Cassar, unmarried, daughter of Anthony Cassar and Giovanna Antida née Ellul, born in Floriana, resided in Ħal Luqa and died in Tal-Qroqq, Msida, on the 22nd November, 2016, aged 52, holding identity card number 0493364M, who died 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

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiffs Ruth Aquilina (ID 475180M) and Wayne Aquilina (ID 218198M) filed an application under oath (No. 205/17 AL) demanding Corrections of the Act tf Birth of Wayne Aquilina number 2181/1998 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 a note to be filed in the Registry of these Courts, within fifteen days from the day 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 the said application under 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

By means of a decree given by the Court of Appeal, the records of the application in the names Paul Mizzi vs JAJ Company Limited et, Application Number 1031/11 JZM, on the 16th September, 2016, the following publication was ordered for the purpose of service of the respondent company JAJ Company Limited (C 22257) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application, filed, in the Court of Appeal, Writ of Sumons Number 1031/11 JZM, in the names Paul Mizzi (ID 602149M) vs JAJ Company Limited (C 22257) and David Borg (ID 448278M) decided 14th July, 2016, the applicant Paul Mizzi (ID 602149M) respectfully pleaded,

That by means of a Sworn Application, filed, on the 21st October, 2011, the applicant stated thus:

1.The applicant paid in cash to the respondent company JAJ Company Limited the sum of one hundred and sixteen thousand four hundred sixty-eight euro and sixty-seven cents (€116,468.67) which was the whole price for the acquisition on a promise of assignment for the appartment without official number, internally marked 1, in Mir Court, Triq il-Merħba, Fgura;

2. That the respondent JAJ Company Limited used this same sum to provide contruction material to the respondent David Borg with whom he had another promise of assignment for the same appartment;

3. That on his part David Borg had a preliminary agreement on the above appartment from Lay Lay Company Limited as compensation for a contract of works carried out by him;

4. That thus the applicant Paul Mizzi paid the sum of one hundred and sixteen thousand four hundred sixty-eight euro and sixty-seven cents (€116,468.67) to JAJ Company Limited and finally to David Borg so that the appartment above mentioned be transferred to him which transfer was never made;

… omissis …

6. That these promises of assignment and preliminary agreement today lapsed, the property was not transferred to the applicant Paul Mizzi and thus there is room for the refund of the price paid by him;

7. That despite various callings for refund of this sum which is certain, liquid and due the respondents remained in default;

8. … omissis …;

9. … omissis …;

10. That thus to these procedures there apply the provisions for the dispensation from a hearing of a cause in terms of Article 167 et seq. of Cap. 12 of the Laws of Malta.

Thus the respondents are to state why for the reasons premised and without proceeding to a hearing of the cause in terms of Article 167 et seq. of Cap. 12 this Honourable Court should not:

1. Declare that the applicant is a creditor of the respondents in solidum or either of whom in the sum of one hundfred and sixteen thousand four hundred sixty-eight euro and sixty-seven cents (€116, 468.67) besides interest from the date of the 29th March, 2010;

2. Order the respondents or either of whom to pay the applicant the sum of one hundred sixteen thousand four hundred sixty-eight euro and sixty-seven cents (€116,468.67) together with interests from the date of the 29th March, 2010.

With costs including those of the garnishee order number 1374/11 against the respondent and the legal letter dated 11th October, 2011.

The defendant David Borg filed a sworn application on the 30th January, 2012, by means of which he pleaded that there exists no juridical relationship with the plaintiff and thus he should be declared non-suited.

Although the defendant JAJ Company was duly notified according to law it did not present a sworn reply and neither made any demand to present it and thus it is in default.

After hearing the opportune proof the Honourable First Hall Civil Court decided,

For the reasons premised the Court decided this cause by,

Upholding all the pleas of the defendant David Borg and declare that he is non-suited;

Provide as regards the first and second demands of the plaintiffs in so far as these relate only to the defendant company JAJ Company Limited (C 22257) only:

in the first place declare that the plaintiff is a creditor of the defendant company JAJ Company Limited (C 22257) in the amount of one hundred sixteen thousand four hundred sixty-eight euro and sixty cents (€116.468 .67c) with legal interest of 8% yearly with effect from effect of service of the sworn application till the date of effective payment

and 

in the second place condemn the defendant JAJ Company Limited (C 22257) in order to pay the plaintiff the sum of one hundred sixteen thousand four hundred sixty-eight euro and sixty-seven cents (€116,468.67c) with legal interest of 8% yearly with effect from the date of service of the sworn application till the date of effective payment;

Order the defendant company JAJ Company Limited (C 22257) to pay the costs of this cause except those that relate to the defendant David Borg which are to be paid by the plaintiff;

That whilst the plaintiff agrees with the judgement as regards the defendant company JAJ Company Limited, the plaintiff appellant feels aggrieved by that part of the judgement which specifically relates to the defendant David Borg and is thus filing this appeal.

A. The Facts in Brief

… omissis …

B. The Grievances

The plaintiff appellant felt aggrieved by the decision of the Honourable First court, where it upheld all the pleas of the respondent David Borg and consequently declared him non-suited as regards the demands of the plaintiff appellant. The Honourable First Court stated thus:

‘It is the considered opinion of this Court that the manifest intention of the plaintiff was that he entered into a direct relationship with the defendant JAJ Co. Ltd. The agreement between the plaintiff and JAJ Co Ltd was bilateral between them only and thus David Borg cannot be declared a debtor of the plaintiff for the amount of €116,468.67c equivalent to Lm50,000.

That in this regard it is good to remember that the cause de quo concerns three writings and namely:

a) The preliminary agreement signed between Lay Lay Company Limited and David Borg dated 18th May, 2009;

b) Promise of assignment signed by JAJ Company Limited and Paul Mizzi dated 29th March, 2010;

c) Promise of assignment signed by JAJ Company Limited and Paul Mizzi, dated 29th March, 2010.

Although it appears that these writings are completely separate it is stated that in reality these writings are all connected that although they were made in different dates, the expiration of the promises of assignment were all synchronised.

… omissis …

The fact only that the promises of assignment expired at the same time show clearly that despite that there were three separate writings, effectively the agreement was one. All the parties were conscious of each other’s role in this sole agreement.

… omissis …

That thus the plaintiff appellant cannot agree with the Honourable First Court when this states that he contracted only with JAJ Company Limited. It is stated that such writings were interdependent of each other in such a mode and manner that if one of the writings is not honoured, the obligations imposed in the other contracts were not going to be executed.

… omissis …

The Honourable First Court failed to make a full appreciation of the proof, especially as regards the relationships between all the parties in the three writings in question. Particularly it failed to consider certain aspects and facts which relate to the mode and manner that such writings were signed.

1. In the first place it is stated that the proof brought forward during the present cause show that David Borg was well aware as to from whom the €116,468.67c were coming.

David Borg knew that this sum of money passed from Paul Mizzi to JAJ Company Limited and subsequently passed on to him in construction material and this in order to execute works for Lay Lay Company Limited. He also knew that finally by means of assignments of a preliminary agreement, the appartment number 1, In Mir Court, Triq il-Merħba, Fgura, had to be transferred to the plaintiff Paul Mizzi. As already explained David Borg had to transfer the rights due to him from the original agreement of the 18th May, 2009. This was not made and thus reference should be made to the evidence given by David Borg, on the 7th November, 2012, in the cause Lay Lay Company Limited vs Paul Mizzi (Application No. 1243/11 JA). This evidence was annexed with a further affidavit of the plaintiff Paul Mizzi.

… omissis …

The evidence clearly shows that David Borg made various affermations and confirms that he effectively took the material from JAJ Company, which material was purchased by money which Paul Mizzi, passed to JAJ Company Limited, however he did not honour the promise of assignment, but left the promise of assignment to lapse with the intention that he holds any right due to him for the appartment in question as well.

(ii) Besides this it is stated that the nexus between David Borg and Paul Mizzi , is confirmed by David Borg himself.

Various witnesses confirm that meetings were held so that the promise of assignment be passed to the plaintiff directly from David Borg and this despite of the fact that David Borg, during the present procedures continued to insist that he never had meetings with Paul Mizzi.

… omissis …

David Borg made a double gain because not only did he leave the promise of assignment he had with JAJ Company limited to lapse, however he categorically refused to sign the promise of assignment with the plaintiff despite that David Borg paid all the amount due to him.

… omissis …

(iii) It is good that one reminds that the promises of assignment were signed in the office of Lay Lay Company Limited.

Altghough Lay Lay was the last link in this chain of contracts it had so much interest in what was going on between all the other parties, that the promises of assignment signed between David Borg and JAJ Company Limited and that between JAJ Company Limited and Paul Mizzi, were made at the office of Lay Lay Company Limited.

Besides this the defendant respondent David Borg was present for every contract which was signed even that signed between Paul Mizzi and JAJ Company Limited. This confirmed by Notary Jonathan Zammit.

… omissis …

That thus when one takes into consideration the totality of the proof, the plaintiff appellant cannot agree with the Honourable Court court when this states the following:

‘This Court states that what was stated by Jonathan Mizzi, can show thatr effectively there was a connection between the two promises of assignment but still there remains the fact that the two writings related to two separate and distint promises’.

… omissis …

C. As regards the Decision of the Honourable First Court to uphold the respondent plaintiff’s demands as regards the respondent company JAJ Company Limited.

At this stage it is good that one reminds that the plaintiff appellant fully agrees with the decision of this Honourable Court when it upheld the plaintiff’s demands as regards the respondent company JAJ Company Limited. In any case the defendant company did not present any reply and thus it was declared in default. Thus the default of the plaintiff company is an admission that the amount of €116,468.67 is due by it to the plaintiff Paul Mizzi.

… omissis …

 The promise of assignment thus clearly shows what was the relastionship between the plaintiff Paul Mizzi and the company JAJ Company Limited. The promise of assignment between the plaintiff and the defendant company in fact declared clearly that the defendant company had already recieved the sum of € 116, 468.67 from the plaintiff, which sum represented the rice also for trhe acquisition of the appartament as indicated in the preliminary agreement dated 18th May, 2009.

… omissis …

Keeping in view the above it is stated that:

1. Despite that there are separate writings, the agreement was effectively one;

2. All the parties were conscious of their respective role in the original obligation they had between them.

3. The defendant David Borg in a consistent manner refused to sign the promise of assignment directly with Paul Mizzi despite that he was given the consent by Jonathan Mizzi to do this;

4. … omissis …;

5. The declaration made by David Borg in the present cause was unlikely and totally inconsistent;

6. David Borg made a double gain by taking the material and held the appartment in question;

7. That thus the present cause had to be compulsorily made against JAJ Company Limited as well as David Borg and this because JAJ Company Limited, took the sum transferred to it by the plaintiff of (€116,468.67) by means of which it supplied material to David Borg;

8. Thus it is clear that this cause was simply for a declaration by this Honourable Court, that the plaintiff is a creditor of the defendants and for the subsequently refund of the sum of €116,468. 67 to the plaintiff.

Thus the plaintiff appellant humbly prays this Honourable Court to uphold the appeal filed by him whilst it confirms in part the judgement given by the Honourable First Court, as regards the respondent company JAJ Company Limited, declares also that the respondent David Borg is a debtor in solidum with the respondent JAJ Company Limited, in the sum of one hundred sixteen thousand four hundred sixty eight euro and sixty seven cents (€116,468.67) besides interest from the 29th March, 2010, and consequently order the defendant respondent David Borg so that together with the company JAJ Company Limited, they pay the applicant the sum of one hundred sixteen thousand four hundred sixty eight euro and sixty seven cents(€116,468.67) together with interests from the date of the 29th March, 2010.

With costs, including those of the judicial procedures filed in the First Hall Civil Court, of the garnishee order 1374/11 against the respondents and legal letter dated 11th October, 2011.

Appellant: Paul Mizzi, Mir Court, Flat 2, Triq il-Merħba, Fgura

Respondents: JAJ Co Ltd, 60, Triq il-Ħut, Marsaskala

ADV. FRANK PORTELLI, LLD 

For the Registrar, Civil Courts and Tribunals

By a decree of the 24th October, 2016, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187(5) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

By a decree given on the 14th August, 2017, given by The First Hall Civil Court, The Court Ordered that the extract hereunder mentioned to be published for the purpose of service according to Article 338(1) of The Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by HSBC Bank Malta plc (C 3177) on the 4th August, 2017, the approval of the said judicial acts is being demanded for the amount of €7,200 following judicial sale by auction 41/2016 in the names HSBC Bank Malta plc vs JDC Co. Limited (C 12753) held under the Authority of the said Court on the 27th July, 2017.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 29th August, 2017, following a request of Abdallah Al-Dbies it was ordered that deputy curators be chosen to represent the minor Dunija Hijazi, in the records of the General Application 335/17 RGM, in the names ‘Abdallah Al-Dbies vs Deputy Curators and in the other relative and subsequent acts.

By means of a General Application, presented, in the Civil Court (Family Section) in the names Abdallah AL-Dbies (ID 229399M) vs Deputy Curators to represent the absent Dunija Hijazi née Hijazi,on the 25th August, 2017, the applicant AL-Dbies Abdallah of La Cuerchia, Block B, Flat 1, Triq il-Katakombi, Mqabba (ID 229399M), respectfully pleaded:

That Abdallah Al-Dbies (Doc A1) who is resident in Malta is the father of … omissis … who was born on the 8th June, 2015 (Doc. A), and … omissis … who was born on the 1st March, 2017 (Doc. B) born in Irbid, Jordan.

That both the mother of the minor children and the children in question are presently in Jordan.

That the applicant wishes to bring the two minors in Malta but it is necessary that a passport be issued for the two minors so that this happens.

That since it is necessary that the children’s mother signs it cannot be issued in Malta.

Thus the applicant is respectfully praying this Honourable Court so that:

1. It hears this application urgently;

2. It authorises the issuing of the passports in the names of the children respectively without the signature of the mother,

and this under any provision it deems fit to impose.

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 should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court (Family Section) above mentioned, with the witness of the Hon. Mr. Justice Anthony Ellul, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th August, 2017, of the Court of Magistrates (Malta) in the records of judicial letter number 1619/17, in the names Malta Transport Authority vs Citadel Insurance plc et, the following publication was ordered for the purpose of effecting service on the respondent Markaren Zammit Galea in terms of Article 187(3) et seq. of Cap. 12.

In the Court of Magistrates (Malta)

To Citadel Insurance plc

Markaren Zammit Galea, 22A, LapCourt, Triq is-Swejda, Marsaskala

By the present Malta Transport Authority of Malta Transport Centre, Marsa MRS 1917, whilst making reference to the judicial letter dated 15th May 2017 where reference was made to the said accident which happened on the 1st September 2015 in Triq Sant’Antnin, Marsascala by means of the vehicle with registration number MKG 001 insured with Citadel Insurance plc, we wish to inform you that the Authority refutes your claims as set out in its regard as unfounded in fact and at law because the said accident happened soley because of your fault, negligence, lack of skill and lack of observance of the traffic regulations on the part of the driver who was controlling the said vehicle when the accident took place and accordingly the Authority is not responsible for the damages caused in the said accident.

Thus, you are being solicited so that with immediate effect you desist from continuing to make such claims against the Authority and to avoid useless costs.

So much for your own guidance and to know how to regulate yourselves.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th March, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1327/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Francis Bugeja, the following publication was ordered for the purpose of effecting service on the interpellant Francis Bugeja in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Francis Bugeja (ID 119687M) of 199, Mon Reve, Flat 1, Triq Kent, Fgura

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta 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 €2,450.36, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the bill holding number 101000172041 concerning the premises Flat 2, 18, Clematis Flats, Triq il-Fniek, Birkirkara, which amounts to €2,450.36.

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 24th March, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1478/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Frances Grixti et, the following publication was ordered for the purpose of effecting service on the interpellant Charles Andrew Saliba in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Frances Grixti 

Charles Andrew Saliba (ID 474681M) of 68, L’Acadie, Triq il-Ħalel, St Paul’s Bay 

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta 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 €8,822.07, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the bill holding number 101000093473 concerning the premises Southern Fried Chicken, Triq il-Ħalel, San Pawl il-Baħar, which amounts to €8,822.07.

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 24th March, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1685/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Christopher Paul Hibbs the following publication was ordered for the purpose of effecting service on the interpellant in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Christopher Paul Hibbs (ID 218495M) of 161, Silver Spring, Blk A, Flat 6, Triq tal-Labour, Ħaż-Żabbar 

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta 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 €1,972.13, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the bill holding number 101000010157 concerning the premises Flat 6, Blk A, Silver Spring, Triq tal-Labour, Ħaż-Żabbar, which amounts to €1,972.13.

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 and reserving the right for interest according to law

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th August, 2017, of the Civil Court First Hall in the records of judicial letter number 1916/17, in the names Citadel Insurance plc vs Luke Farrugia, the following publication was ordered for the purpose of effecting service on Luke Farrugia in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Luke Farrugia of 33, Pearl, Flat 2, Triq Gafar, Tas-Sliema 

By the present Citadel Insurance plc (C 21550) of 26, Casa Borgo, Market Street, Floriana, and Charmaine Scicluna of 2, Eiffel, Triq Patri Taddew Schembri, Ħaż-Żabbar, whilst making reference to the judicial letter made by you on the 10th May, 2017, they refute all the allegations therein contained as unfounded in fact and at law, and from now you are being warned from taking any further action as regards the matter.

So much for your own guidance and to avoid useless costs and procedures

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th August, 2017, of the Civil Court First Hall in the records of judicial letter number 1936/17, in the names Citadel Insurance plc vs Luke Farrugia, the following publication was ordered for the purpose of effecting service on Luke Farrugia in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Luke Farrugia of 33, Pearl, Flat 2, Triq Gafar, Tas-Sliema

By the present Citadel Insurance plc (C 21550) of 26, Casa Borgo, Market Street, Floriana, as subrogated in the rights of its insured Charmaine Scicluna Muxi, and the same Charmaine Scicluna Muxi (ID 101585M), whilst referring to the car accident which occured on the 29th May 2015 in Triq Bella Vista, San Gwann, between the vehicle driven by the interpellant Charmaine Scicluna Muxi, with registration number XAR-125 and vehicle driven by you with registration number HAC-584, which accident occured solely because of your carlessness, lack of skill and/or lack of observance of the traffic regulations on your part, solicits you so that you come forward for the liquidation and payment of damages suffered by the interpellant.

If the time given to you passes uselessly, the interpellant will have no alternative but to proceed furtherly against you by all the means permitted by Law, including the issue of the opportune precautionary warrrants.   

A copy of this judicial letter is being sent to your insurance GasanMamo Insurance Ltd for all effects in terms of Law, including for the reasons of Cap. 104 of the Laws of Malta.

So much for your own guidance and to avoid useless costs and procedures

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 8th February, 2017, of the Rent Regulation Board, in the records of the Application in the names Mario Cutajar et vs Setra Trading Ltd, Application Number 11/2015MV the following publication was ordered for the purpose of effecting service on the respondent company Setra Trading Ltd in terms of Article 187(3) et seq. of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Mario Cutajar and his wife Emanuela Cutajar vs Setra Trading Limited (C 54963) filed on the 2nd February, 2017, the applicant Mario Cutajar (ID 611555M) confirmed on oath and humbly submitted: 

1. By means of a lease agreement dated 25th May, 2012, the applicant sub leased to the respondent company the premises that is the shop known as Uno Supermarket previously known as Spend & Save, Triq Filippu Farrugia, Żurrieq;

2. Among the conditions of the said sub lease, the respondent company had to pay the bills for the consumption of water and electricity, which bills were still registered on the applicants for administrative reasons (see clause 8 of the lease agreement);

3. That the applicant recently got to know of the fact that there was a pending bill for consumption of water and electricity of €30,000 due to ARMS Limited on the said premises;

4. Notwithstanding the fact that the respondent company was solicited to pay, even verbally, the respondent company remained in default and so these procedures had to be filed;

5. As far as the applicant knows the respondent company does not have any valid defence to bring according to law;

6. That the applicant knows all these facts personally.

Accordingly, on the basis of the facts above mentioned, the respondent company is asked to state why this Tribunal, should not, subject to any other declaration it may deem fit to make:

1. Hear and decide this case according to the applicant’s request and namely without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Order the respondent company, as it has the obligation to do according the lease agreement in the acts of Notary Mario Bugeja dated 25th May, 2012, to pay the applicant the sum of €30,000 as money due on the bills for the consumption of water and electricity that the applicants had to pay regarding the premises leased to the respondent company with the name Uno Supermarkets, Triq Filippu Farrugia, Żurrieq.

With legal costs and interest and by reference to the oath of a representative of the respondent company and with due reservation of further necessary and opportune legal action.

Applicant: Swan Lake, Triq il-Ħajt Ruman, Ħal Safi

Respondent company: Setra Trading Ltd, N/S in Tal-Ħandaq Rd, Tal-Ħandaq

The application number 11/2015MV will be heard during the sitting of the 24th November, 2017, at 10.45 a.m. before Magistrate Dr Monica Vella.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 1/2017 – Perpetual General Interdiction

It is being notified that by judgement dated 11th September, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Joseph Mifsud, LLD), Compilation number 206/2012, in the case:

The Police 

(Inspector Yvonne Farrugia)

(Inspector Fabian Fleri)

Versus:

George-Oliver Schembri, 54 years, Director, son of Alfred and Catherine née Abdilla, born in Tal-Pietà, Malta, on the 15th October, 1962, residing at number 54, Sebiv, Triq San Ġwann, Birżebbuġa, Malta, and holder of identity card number 651562M, personally and as the director, shareholder and/or judicial rapresentative of Alfred Schembri & Sons Limited, having registration number (C 11164);

and

Donald Camilleri, 42 years, Accounts Clerk, son of Martin and Frances née Sacco, born in Tal-Pietà, Malta, on the 9th May, 1975, residing at number 57, ‘Doncienne’, Triq Spiru Spiteri, Ħal Tarxien, Malta, and holder of Identity card number 246475M, personally and as the director, shareholder and/or judicial rapresentative of Alfred Schembri & Sons Limited, having registration number (C 11164).

The Court Ordered the perpetual general interdiction and also the interdiction to serve as a witness except before the Court of Justice and as an architect and this from judgement date of the said George-Oliver Schembri and Donald Camilleri according to Article 119 of the Criminal Code of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH. SCIENCE, DIP. MGMT. STUD., DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

By means of a decree of the Small Claims Tribunal of 7th September, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Sand & Gravel Limited (C 337) of Xagħra Quarry, Wied Inċita, Rabat Road, Ħ’Attard, filed a Claim on the 27th January, 2017, whereby they asked the Tribunal to condemn Carmelo Dimech (ID 97059M) of Our Nest, Triq l-Indipendenza, Ħaż-Żebbuġ, Malta, to pay the plaintiff company the sum of €2,530, which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 62/17KCX) is deferred on the 22nd September, 2017, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 13th September, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Prof. Alex Torpiano (ID 836254M), Prof. Dion Buhagiar (ID 143958M) and Dr Mark Anthony Bonello (ID 743661M) carrying on trade under the name TBA Periti of 43, Main Street, Ħal Balzan, filed a Claim on the 31st January, 2017, whereby they asked the Tribunal to condemn Patrick Spiteri of Bellagio Apartments 9, Block C, Triq San Ġużepp, Tal-Pietà, to pay the plaintiff company the sum of €590, which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 67/17KCX) is deferred on the 22nd September, 2017, at 12.30 p.m.

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 2nd August, 2017, Application number 956/2017 by Maria Theresa sieve Marthese Farrugia proprio et nomine 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 her children Rita Farrugia, Eleno Farrugia, Matthew Farrugia and Gabriel Farrugia in the quota of one half (1/2) undivided share between them the Succession of Giuseppe Farrugia, husband of the same Maria Theresa sive Marthese Farrugia, son of the late David and Rita née Brincat, born and resided in Ħaż-Żabbar where he died on the 8th September, 2016, aged 63, holding identity card number 0244553M, who died 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 April, 2017, given by the Civil Court First Hall in the records of judicial letter number 302/17, in the names Registrar of Civil Courts and Tribunals vs Asset Investments Ltd, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5) of Cap. 12.

In the First Hall of the Civil Court

To Asset Investments Ltd of Emma, Mdina Road, Ħaż-Żebbuġ, Malta

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €813.16 due by you as Registry fees in connection with the law suit in the names:

Asset Investments Limited (C 15519) vs Awtorità tad-Djar (MCH), decided on the 5th October, 2016.

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd May, 2017, of the Civil Court First Hall in the records of judicial letter number 1479/2016, in the names Commissioner of Revenue vs Safety and Security Management Limited et, the following publication for the purpose of service on the defandants was ordered in terms of Article 187 (3) et seq. of Cap. 12.

In the First Hall of the Civil Court

To: 1. Safety and Security Management Limited (C 37504) of Pjazza 16 ta’ Settembru, Mosta MST 1180;

2. Simon Soler (ID 355076M) of 26, Triq il-Wiżna, Swieqi

By the present the Commissioner of Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Articles 59 and 66 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €33,354.39 representing amount due by you in solidum according to the same Act.

With costs and interest according to that Act till the date of effective payment

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the interpellant has against you by means of a Notice sent to you for payment (Doc. A).

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants without further notice.

So much so that you may know how to regulate yourselves and to proceed

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 24th July, 2017, Application number 915/2017 by Paul Andrew Vella nomine whereby he prayed that it be declared open in favour of George Childs Brotherton, husband of the decujus and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of John Michael Andrew Brotherton, Catherine Marie and David Lawrence brothers and sisters Brotherton children of the decujus and in equal shares between them the Succession of Carmela Pauline Brotherton, wife of George Childs Brotherton, daughter of the late Andreano sive Andrew Gauci and Carmela née Gauci, born in Ħal Tarxien, resided in Colorado United States of America where she died on the 7th October, 2012, aged 71, who died 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 24th July, 2017, Application number 916/2017 by Paul Andrew Vella nomine whereby he prayed that it be declared open per stripes in favour of his brothers and sisters Rebecca Carmela Vella, Mario Gauci, Felix Gauci and John Gauci and the children of his brothers and sisters David Lawrence Brotherton, John Michael Andrew Brotherton and Catherine Marie Hulse, children of the late Carmela Pauline Brotherton née Gauci and Eric Charles Berman, son of the late Pauline Junge née Gauci the Succession of Emanuel sive Larry Gauci, divorced, son of the late Andreano sive Andrew and Carmela née Gauci, born in Ħal Tarxien, resided in New York United States of America where she died on the 23rd February, 2013, aged 67, who died 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 10th August, 2017, Application number 1001/2017 by Kathryn Judy Schembri and others whereby they prayed that it be declared open in favour of the same Kathryn Judy Schembri in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of James and Andrew brothers Schembri in equal shares between them the Succession of Joseph Schembri, husband of Kathryn Judy Schembri, son of Carmelo and Carmela née Saliba, born in Tal-Pietà, resided in Birżebbuġa where he died on the 24th April, 2017, aged 57, holding identity card number 0798659M, who died 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