Court Notices published in Govt. Gazette No. 19,743 of 2nd February 2018

By a decree of the Small Claims Tribunal of the 20th November, 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).

Marco Dingli (ID 554075M) and his wife Romina Dingli (ID 0548083M) of 24, Triq il-Mina tax-Xatt, Senglea, filed a Claim on the 20th July, 2017, whereby they asked the Tribunal to condemn Ian Grech (ID 0336074M) of 129, East Lyne Court, Flat 3, Triq tal-Gidwet, Marsaskala, to pay the plaintiffs the sum of €3000, which amount is due to the plaintiffs.

With costs and legal interest

The case (Claim number 319/17PM) is deferred on the 21st February, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 5th December, 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).

Favell Wines & Spirits Limited (C 37343) of Guido Vella Cash & Carry, Triq Amleto Spiteri, Ħal Qormi, filed a Claim on the 4th December, 2017 whereby they asked the Tribunal to condemn Joswil Galea of 6 Sqaq San Pietru Nru. 4, Ħal Qormi, to pay the plaintiff company the sum of €1102.21 which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim number 545/17PM) is deferred on the 21st February, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

Notice is hereby given that by a decree of the Court of Appeal (Inferior Jurisdiction), entered on the 17th day of November, 2017, in the records of the Application in the names Sara Grech Limited (C 7360) vs Anthony Vassallo (ID 314959M), Application number 194/2016PA, it was ordered that service upon Anthony Vassallo (ID 314959M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Inferior Jurisdiction), in the names Sara Grech Limited (C 7360) vs Anthony Vassallo (ID 314959M) on the 5th day of May, 2017, the appellant company Sara Grech Limited (C 7360) respectfully submitted:

That by means of a Notice of Claim filed in the Small Claims Tribunal on the 19th day of May, 2016, the plaintiff, here appellant, submitted that reproduced in the abovementioned Application of Appeal;

That in his Reply of the 25th day of October, 2016, the defendant, here appellee, pleaded that reproduced in the abovementioned Application of Appeal;

That by means of a judgment entered on the 19th day of April, 2017, the Small Claims Tribunal, while pointing out that Anthony Vassallo had obligations vis-à-vis the applicant company as for the payment of a commission, the Tribunal held that once the partial payment of the abovementioned commission was accepted by the applicant company and the fiscal receipt, which was duly issued by the plaintiff appellant had written on it the words ‘Payment Done’, this constituted a clear waiver of any other right that the plaintiff appellant company had at the time for the payment of the balance, and on this basis the Tribunal rejected the same claim, with court costs against the applicant company;

That the plaintiff appellant company felt aggrieved by the above-cited judgment, and is therefore filing this humble appeal. That the grievance is clear and manifest and consists of the following: (1) That the words ‘Payment Done’ cannot by any imagination come to constitute a waiver of a right by the plaintiff appellant because as much as the representative of the plaintiff appellant company had not spelled out that the plaintiff company was accepting this payment on account of the debit, neither he wrote that they were ‘in full and final settlement’, as is the practice at all other businesses … omissis … Thus, although the words ‘Payment Done’ were written, this was referring to the payment which was made and that amounted to €3,000 because after all it was true that these monies were paid … omissis … As very clearly results from the testimonies and evidence submitted and from the witnesses, the willingness of the creditor was indeed evident in its insistence to explain where the balance of the commission had to be collected from … omissis … The plaintiff appellant feels that the Tribunal, with all respect, failed to understand the difficult character of the defendant and the great difficulty that it had to make contact with him. The circumstances that the creditor found itself in were such that it was compelled to accept any partial payment of the commission because the representative of the plaintiff appellant went to the place of work of the payer under the premise that the commission would be paid in its entirety and not only partially … omissis …  and (2) Without prejudice to the above, the obligation of the defendant vis-a-vis the plaintiff appellant to pay the full amount of the commission is confirmed both in the private writing between the parties as well as in the promise of assignment dated the 19th day of January, 2015 signed before the Notary Dr Ruben Casingena between the defendant in his own name and the abovementioned purchaser Henry Jones. From these documents it appears beyond doubt that the contractual bond to pay the commission was always between the plaintiff appellant company and the defendant. Part of the commission that was paid in the defendant’s name was merely on account of the price and the defendant has to the date of this appeal remained in default … omissis … The relationship and the obligations between the parties of this appeal are binding and applicable notwithstanding the intervention of this third party, and therefore the inviolable principle of pacta sunt servanda still applies.

Therefore, the plaintiff asks this Honourable Court to in terms of Articles 8(3) and 8(4) of the Cap. 380: (1) Delete, annul and repeal the judgment of the Small Claims Tribunal (Claim number 194/2016PA) decided on the 19th day of April, 2017, in the above-cited names and, instead, reject the pleas of the respondent appellee and uphold the original claim of the applicant company in the same cause, with the expenses of both instances and legal interest against the respondent.

Appellant Company: Sara Grech Limited (C 7360), Triq in-Negozju, Mrieħel, Birkirkara

Services: Anthony Vassallo (ID 314959M), 64, Petit Chateau, Triq il-Witja, Ħal Tarxien

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

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 17th January, 2018, following a request of Edgar Fava, it was ordered that deputy curators be chosen to represent the absent Marthese Farrugia, in the records of the cause number 1122/2017 MH,in the names Edgar Fava vs Deputy Curators and in the relative and subsequent acts.

By means of an Application, filed, in the First Hall Civil Court, in the names Edgar Fava vs Gerald Rapinett,Lilian Mifsud and Deputy Curators to represent the absent Marthese Farrugia, all siblings Rapinett, on the 14th December, 2017,the applicant Edgar Fava (ID 803550M) respectfully pleaded:

That by means of a contract of the 31st August 2010, in the records of Notary Doctor Patricia Hall, he was declared a creditor of Giovanna Rapinett who constituted herself, true certain and liquid debtor in his favour in the sum of (€23,778.70) and with legal interest of eight per cent (8%) which commenced to run from the date of the same contract hereby attached;

That Giovanna Rapinett died on the 20th August, 2015, (Death Certificate annexed);

Tħat Giovanna Rapinett left as heirs her four children and namely, Lilian, Marthese, Gerald and Mario siblings Rapinett. Mario died withour leaving children and although there is the accretion between the other three heirs according to the Seventh Article of the attached will;

That there lapsed more than five years from the contract above indicated;

That for the purposes of Article 258(c) of the Laws of Malta it is necessary that the same contract be rendered executable;

That thus the applicant is calling upon this Honourable Court so that the respondents, shall have the opportunity to say why this Honourable Court should not,

Order the execution anew of the said contract against the respondents in solidum between them, as heirs of Giovanna Rapinett for the amount of (€22,878.70) with interests according to the same contract till the date of effective payment.

With costs, as demanded against the respondents

Applicant: 53, Triq l-Isqof Caruana, Msida

Respondents: 

1) Lilian Mifsud, 57, Ballut Road, Industrial Zone, Mosta

2) Gerald Rapinett, ‘Villa Cettina’, Mistra Road, Xemxija

3) Deputy Curators to represent the absent Marthese Farrugia

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 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 R. Micallef, LLD, Doctor of Laws

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals 

By virtue of decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 16th January, 2018, on the application of reappointing of George Portelli (ID 48470M) in the records of judicial sale by auction number 1/2017PC (and following warrant of seizure number 21/2017PC) in the names George Portelli (ID 48470M) vs Jonathan Grech (ID 514574M) on Monday, 9th April, 2018, at 10.00 a.m. (ten o’clock in the morning) has been set for the Sale by Auction and until the highest bid is adjudicated. By a decree of the 19th December, 2017, the Sale by Auction, is to be held at the premises number 30, Point Street, Żebbuġ, Gozo, of the following items:

1. A white vehicle of the make Audi, without registration number 

The said items are seized from the possession of Jonathan Grech as described in detail in the report drawn up by the Court executive officers, a copy of which may be obtained from the Registrar of the Gozo Courts (email: diane.a.farrugia@gov.mt; tel: 2215 6665).

DIANE FARRUGIA 

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Antoinette Grixti (ID 444051M) filed an application under oath (Number 61/2018/LSO) demanding Correction in the Act of Death number 1978/2017 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

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 24th day of January, 2018, in the records of the Sworn Application in the names Id-Direttur, Qrati Ċivili u Tribunali Bħala Reġistratur vs Mark Vella (ID 403080M), Sworn Application number 995/2017 LM, it was ordered that service upon Mark Vella (ID 403080M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Id-Direttur, Qrati Ċivili u Tribunali Bħala Reġistratur vs Mark Vella (ID 403080M) on the 30th day of October, 2017, the applicant the Director, Civil Courts and Tribunals As A Registrar (ID 22361M) asked this Hounourable Court to:

1. Find the defendant guilty of contempt of court in terms of Article 997 of Cap. 12 of the Laws of Malta;

2. Condemn the respondent to the penalties indicated in the same Article and sentence him to imprisonment for a period of up to one month or a fine of not less than two hundred and thirty-three euro (€233) and not exceeding two thousand, three hundred and thirty euro (€2,330) or to both imprisonment and a fine;

3. Impose any other necessary order on the respondent in terms of Article 997(2) of Cap. 12 of the Laws of Malta including by fixing a peremptory period of time within which these same orders must be met by the respondent.

With all court costs against the respondent who is as of now summoned so that a reference to his oath be made, and with the reserve of any right of further action according to law.

Applicant: Direttur, Qrati Ċivili u Tribunali Bħala Reġistratur (ID 22361M), Uffiċċju tad-Direttur, Qrati Ċivili u Tribunali, Reġistru tal-Qrati Ċivili, Level -1, Il-Bini tal-Qorti, Valletta 

Services: Mark Vella (ID 403080M), Carina Court, Flat 3, Triq l-Għabex, Swatar

The Sworn Application in the names Id-Direttur, Qrati Ċivili u Tribunali Bħala Reġistratur vs Mark Vella (ID 403080M) was deferred for hearing to the 7th day of February, 2018, at 8.55 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by an order of the First Hall of the Civil Court, in the records of the Application in the names Simon Muscat (ID 328654M) et vs Charles Muscat (ID 433550M) et, Application number 646/2017 AF, this publication was ordered in terms of Article 495A of Cap. 16 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Simon Muscat (ID 328654M), and Francesca Saveria Muscat (ID 685524M)

vs 

Charles Muscat (ID 433550M), and Deputy Curators to appear and defend the interests of the absent Ernest Muscat (ID 857447M) with the last known address being 22, Unity Forrest Street, Sunshine 3020, Victoria, Melbourne, Australia (By a decree of the 22nd day of August, 2017, the Court nominated Avukat Dr Fransina Abela and Legal Procurator Katrina Zammit Cuomo) on the 17th day of July, 2017, the applicants Simon Muscat (ID 328654M) et respectfully submitted: 

1. That the parties are together the co-owners in undivided shares of the flat internally marked with the number two (2), forming part of a body of flats named ‘Isola Mediterranea’, with the main door number twenty-two (22), Triq Henry F. Bouverie, Gżira, including the pro rata right of absolute ownership of the common parts of the block excluding the roof, of which roof they have the right of use better use and this as better described in detail in the contract of acquisition in the records of Notary Dr John Gambin dated the 20th day of September, 1994 (Doc. A);

2. This property belongs to the extent of:

i. One undivided share out of two (1/2) owned by Francesca Saveria Muscat,

ii. One undivided share out of six (1/6) belonging to Simon Muscat,

iii. One undivided share out of six (1/6) belonging to the respondent Charles Muscat,

iv. One undivided share out of six (1/6) belonging to the respondent Ernest Muscat;

3. Francesca Saveria Muscat also enjoys the right of use and usufruct on the other half of the property belonging to and between her children (Doc. B);

4. Together, the applicants are co-owners of four shares out of six (4/6 = two thirds) (3/6 + 1/6), and therefore more than the half required by Article 495A of Cap. 16 of the Laws of Malta;

5. This co-ownership has been so in effect at least since the 6th day of September, 1999, the date of death of Michael Muscat, spouse of Francesca Saveria Muscat and father of the other parties. Indeed, with the death of the said Michael Muscat, his share of this property devolved in equal shares between Simon, Charles and Ernest;

6. The applicant Simon Muscat and his mother Francesca Saveria Muscat no longer want to stay in community of property with the respondents Charles Muscat and Ernest Muscat. Because they have been in this state of community of property for more than three years, they are filing a claim under the Article 495A of the Cap. 16 of the Laws of Malta;

7. The applicants declare that they have found the sale of this property; in fact by a promise of sale agreement dated the 16th day of June, 2017 (Doc. C), the applicants together undertook to sell, transfer and assign this property for the price of €170,000, a price which in the opinion of the applicants is just and true – of course subject to obtaining the permission of this Honourable Court, among other conditions. Consequently they ask this Honourable Court to order the execution of the same promise of sale agreement with the sale of the abovementioned property in its entirety, as envisaged in Article 495A;

8. The applicants are herewith attaching their declaration and a prospectus showing the number and value of the shares that each of them has (Doc. D and Doc. E);

9. This sale is not prejudicial to the respondents Charles and Ernest Muscat since that the selling price is fair and real according to the market. When formally solicited to come forward for the sale, the respondents remained in default;

10. Thus all the elements required by Article 495A so that this Honourable Court may authorize the sale exist.

Therefore, the respondents ask this Honourable Court, saving any declaration and/or necessary order, to:

1. Order the sale of the property or rather the flat internally marked with the number two (2) forming part of a body of flats named ‘Isola Mediterranea’, with the main door number twenty-two (22), Triq Henry F. Bouverie, Gżira, including the pro rata right of absolute ownership of the common parts of the block excluding the roof, of which roof they have the right of use, as described in the promise of sale agreement dated the 16th day of June, 2017, and under the terms and conditions therein agreed and/or according to those terms and conditions that this Court deems fit to impose;

2. Order the Registrar of the Court to publish a copy of the Application in the Government Gazette and in a local daily newspaper;

3. Appoint the Notary Dr Roberta Bisazza, or any other notary, to publish the appropriate act of transfer and any other necessary act or ancillary thereto;

4. Establish a day, time and place for the publication of the appropriate notarial deed;

5. Appoint curator/s to appear instead of the eventual defaulters;

6. Give those orders deemed necessary and appropriate in the circumstances.

With costs and with interest (if any) against the respondents, who are as of now summoned so that a reference to their oath be made.

List of Documents:

Doc. A Contract of Acquisition dated the 20th day of September, 1994

Doc. B Causa mortis dated the 4th day of March, 2000

Doc. C Promise of Sale Agreement dated the 16th day of June, 2017

Doc. D Declaration of Simon Muscat

Doc. E Prospectus

The Application in the names Simon Muscat (ID 328654M) et vs Charles Muscat (ID 433550M) et was deferred for hearing to the 7th day of February, 2018, at 9.00 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 26th January, 2018, in the records of the Sworn Application in the names Borg Jason vs Borg Fatima, Application number 255/17 RGM, the following publication was ordered for the purpose of service of Fatima Borg,in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Jason Borg (ID 428774M) vs Fatima Borg (ID 516011L) on the 3rd July, 2017, the applicant Jason Borg (ID 428774M)asked this Honourable Court:

1. To declare that the marriage between him and the respondent is dissolved and thus pronounce the divorce between them, and uphold the other demands in the application.

Applicant: 197, Triq il-Kbira, Birkirkara

Defendant: 65, Trilogy Court, Flat 4, Triq Birżebbuġa, Ħal Għaxaq

The Sworn Aplication in the names Borg Jason vs Borg Fatima, application number 255/17 RGM,has been deferred for hearing to the 6th February, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Constitutional Court, entered on the 15th day of January, 2018, in the records of the Application in the names Josephine Azzopardi pro et noe et vs l-Onorevoli Prim Ministru et, Application number 79/2014 JZM, it was ordered that service upon Liliana Farrugia be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas in a cause the pleadings whereof have been closed in the Constitutional Court between Josephine Azzopardi in her own name and on behalf of the absent Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis and by a decree of the 14th day of March, 2017, Patricia Anastasi was authorized to assume the records of the cause exclusively in her own name

vs

The Hon. Prime Minister, the Minister of Culture and Justice, and by a decree dated the 14th day of April, 2015, ‘The Minister of Culture and Justice’ was amended to read ‘The Minister of Justice, Culture and Local Government’, the Attorney General, and Liliana Farrugia, the Court has appointed the hearing of this cause to Monday, thirteen (13) November, 2017, at 10.00 a.m. and was deferred for hearing to the 12th day of February, 2018, at 12.10 p.m.

Appellant: Patricia Anastasi, Pepita, Triq il-Baħar l-Iswed, San Ġiljan

Services: Liliana Farrugia, 10B, St Julians’ Court, Triq is-Sur Fons, San Ġiljan

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Court of Magistrates (Gozo) Inferior Jurisdiction, on the 26th January, 2018, on the application of reappointing of Peter Bugeja (ID 22772G) in the records of the judicial sale 2/2016JVC (and after warrant of seizure number 10/2016JVC) in the names of Peter Bugeja (ID 22772G) vs Mary Rose Vella, Charmaine Vella and Xlendi Hotel Co. Limited of the appointment of the judicial sale on Monday, 19th February, 2018, at ten o’clock (10.00 a.m.) and until the highest bid is adjudicated, has been fixed for the Sale by Auction. By a decree of the 26th January, 2018, the Sale by Auction is to be held at the premises number 62, Triq ta’ Gokk, Xewkija, Gozo, of the following items:

Oak sofas of three seaters, oak mirrors, televisions of the make Phillips, oak chairs, lampshades, oak wardrobes with two sliding doors, oak side tables and other objects. 

The said items are the property of Mary Rose Vella, Charmaine Vella and Xlendi Hotel Co. Ltd as extensively detailed in the report drawn up by the Court executive officers, which copy may be obtained from the Registrar of the Gozo Courts. 

DIANE FARRUGIA 

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Sephora Attard (ID 115897M) filed an application under oath (No. 19/18RGM) demanding Corrections in her own Act of Birth, number 1158/1997, 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

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 19th day of January, 2018, following the request of Monica Diedo (ID 519547M), it was ordered that deputy curators be appointed to represent the owners that have the directus dominus in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 102/2018 in the names Monica Diedo (ID 519547M) vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 18th day of January, 2018, in the First Hall of the Civil Court, in the names Monica Diedo (ID 519547M), retired, spouse of Andrew Diedo, a daughter of Gerald Balzan and Constantina née Ritchie, born in Marsa and residing at St Paul’s Bay, Malta.

vs

Deputy Curators to represent the owners that have the directus dominus, Monica Diedo (ID 519547M) respectfully submitted:

That the depositor possesses the tenement with official property number 106 with the name Dover (sometimes erroneously indicated with the name Devon), Triq Isouard, Marsa, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said tenement is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositor would like to avail herself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €209.60 which represents the price of redemption of the said ground rent, as well as the amount of €52.40 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the owners that have the directus dominus, after the due receipt is left according to law.

Depositor: Monica Diedo (ID 519547M), St Peter’s Court, Block C15, Flat 5, Triq l-Isponoż, Saint Paul’s Bay

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Land Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph R. Micallef LLD, Doctor of Laws.

Dated this 19th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 9th January, 2018, 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).

FM Core Condominium Administration Limited (C 68910) in its own capacity as administrator of the Condominium with the name Fort Cambridge South 2 (Condominium Number 1596) of Valley Mansions, Level 1, Msida Valley Road, Birkirkara, filed a Claim on the 2nd November, 2017, whereby they asked the Tribunal to condemn Charlon Dalli (ID 38669M) of Savoy Terrace, Block B, Flat 5, Triq Sir Hilderbrand Oakes, Gżira, to pay the plaintiff company the sum of €1,230.88, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 508/17PA) is deferred on the 28th February, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 20th 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).

Elmo Insurance Ltd (C 3500) as subrogated in the rights of its insured Sansone Cruises Limited and the same Sansone Cruises Limited (C 54306) of Triq Abate Rigord, Ta’ Xbiex, filed a Claim on the 25th July, 2017 whereby they asked the Tribunal to condemn Giuseppe della Volpe of 118, Triq San Trofimu, Tas-Sliema, and/or 6th Floor, Airway House, Gaiety Lane, Tas-Sliema, and Manoel Island Yacht Yard Ltd, to pay the plaintiff company the sum of €2435.38, which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim number 324/17PA) is deferred on the 28th February, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 29th January, 2018, on the application of Paul & Rocco (Marsa) Limited (C 2662), Wednesday, 7th March, 2018, at half past eleven in the morning (11.30 a.m.) has been fixed for the Sale by Auction to be held at number one (1), Triq tal-Labour, In-Naxxar, of the following items seized from the property of Previ Maria (ID 0215080M):

Vehicle of the make Toyota blue in colour with the registration number BBT 156.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 24/17.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 18th day of January, 2018, following the request of Luke Micallef (ID 41035M) et, it was ordered that deputy curators be appointed to represent the uncertain and unknown heirs of Paolo Gatt in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 90/2018 in the names Luke Micallef (ID 41035M) et vs Deputy Curators et and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 17th day of January, 2018, in the First Hall of the Civil Court, in the names Luke Micallef (ID 41035M), a pensioner, a son of Anthony and Emanuela née Pirotta, born in Ħal Lija and residing at Ħ’Attard, Malta, and Ann Micallef (ID 429737M), spouse of the said Luke Micallef, a pensioner, a daughter of Carmelo Muscat and Carmela née Deguara, born in Naxxar and residing at Ħ’Attard, Malta

vs

Deputy Curators to represent the uncertain and unknown heirs of Paolo Gatt, and Emily Scicluna (ID 2014669P), Rita Laferla (ID 2021050P), and Maria Dolores sive Dolly De La Fuente (ID 322404L) as represented in Malta by her son Sebastian De La Fuente Scicluna (ID 237708L), Luke Micallef (ID 41035M) et respectfully submitted:

That the depositors are the owners of the residential property with official property number 15 with the name ‘Luann’ previously with the name ‘Villa Loraine’, and the interconnected garage with official property number 13 in Triq Birkirkara, Ħ’Attard, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said properties are subject to an annual and perpetual ground rent and sub-ground rent; amounts given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent and sub-ground rent in terms of the cited law by depositing the sum of €2,880.00 which represents the price of redemption of the said ground rent and sub-ground rent as well as the amount of €431.85c representing arrears of ground rent in order to be freely withdrawn by the deputy curators appointed to represent the uncertain and unknown heirs of Paolo Gatt (€2,159.25c) and by Emily Scicluna, Rita Laferla, and Sebastian De La Fuente Scicluna (€1,152.60c), after the due receipt is left according to law.

Depositors: Luke Micallef (ID 41035M) et, 15, Luann, Triq Birkirkara, Ħ’Attard

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Emily Scicluna (ID 2014669P), 198, Flat 2A, Tower Road, Tas-Sliema

Rita Laferla (ID 2021050P), Andrea, Flat 1, Triq is-Sirk, Swieqi

Sebastian De La Fuente Scicluna (ID 237708L), Fort Mansions, Block A, Xatt ta’ Ta’ Xbiex, Ta’ Xbiex

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

Dated this 18th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 14th November, 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).

Adrian Cutajar (ID 144279M) carrying on trade as Audio Images of Triq Zaren Dalli, Birżebbuġa, filed a Claim on the 14th November, 2017, whereby he asked the Tribunal to condemn Elizabeth Woodhead (ID 212296M) of Nina Place, 9, Triq Alessandru, Birżebbuġa, to pay the plaintiff the sum of €127, which amount is due to the plaintiff

With costs and interest

The case (Claim number 520/17KCX) is deferred on the 9th February, 2018, at 1.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 24th day of January, 2018, following the request of Maria Yolanda Vella (ID 431964M), it was ordered that deputy curators be appointed to represent the unknown owners in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 140/2018 in the names Maria Yolanda Vella (ID 431964M)  vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 23rd day of January, 2018, in the First Hall of the Civil Court, in the names Maria Yolanda Vella (ID 431964M), legally separated, a housewife, a daughter of Joseph Spiteri and Filomena née Callus, born in Qrendi and residing at Ħal Safi, Malta

 vs

Deputy Curators to represent the unknown owners, Maria Yolanda Vella (ID 431964M) respectfully submitted:

That the depositor possesses the property or rather tenement, located on ground floor level, accessible from an entrance/door with number 50, Triq San Mikiel, Birżebbuġa, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said property is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositor would like to avail herself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €24.00 which represents the price of redemption of the said ground rent as well as the amount of €6.00 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown owners, after the due receipt is left according to law.

Depositor: Maria Yolanda Vella (ID 431964M), Appartament 14, Blokk B, St Paul’s Court, Triq in-Nassaba, Ħal Safi

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

Dated this 24th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

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 29 th January, 2018, following a request of Victor Spiteri, it was ordered that deputy curators be chosen to represent the absent Oxana Vladimirovna Markova, in the Application of Divorce 39/18 RGM, in the names ‘ Victor Spiteri vs Deputy Curators’.

By means of an Application, presented, in the Civil Court (Family Section) in the names Victor Spiteri (ID 282358M) vs Deputy Curators for the absent Oxana Vladimirovna Markova,on the 24th January, 2018, the applicant Victor Spiteri (ID 282358M)asked this Honourable Court,

That whereas there exist all the necessary conditions for the obtaining of divorce according to Article 66B of the Civil Coce of Cap. 16 of the Laws of Malta:

1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in the application.

Applicant: 23, Le Grotte, Triq l-Palazz l-Aħmar, Santa Venera

Respondent: Unknown address 

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 the 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 Joseph R. Micallef, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals 

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 24th day of January, 2018, following the request of Godfrey Cosaitis (ID 558961M) et, it was ordered that deputy curators be appointed to represent the vacant inheritance of Saviour sive Silvio Loporto in the records of the Judicial Letter with number 240/2018 in the names Godfrey Cosaitis (ID 558961M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Judicial Letter, filed on the 23th day of January, 2018, in the First Hall of the Civil Court, in the names Godfrey Cosaitis (ID 558961M), and Susan Cosaitis (ID 701062M)

vs

Josette Loporto (ID 275049M), Philip sive Pippo Loporto, Roberto Loporto (ID 501173M), Alessandro Loporto (ID 328578M), Carmel sive Lino Loporto (ID 267740M), and Deputy Curators to represent the vacant inheritance of Saviour sive Silvio Loporto, Godfrey Cosaitis (ID 558961M) et respectfully submitted:

That with the present judicial letter, the aforementioned Godfrey Cosaitis et, refer to the promise of sale agreement signed by the deceased Saviour sive Silvio Loporto and Carmel sive Lino Loporto on the 30th day of October, 2017, a copy of which is herewith attached and marked as Doc. A, wherein the same deceased Saviour sive Silvio Loporto and Carmel sive Lino Loporto undertook to sell and transfer to the senders, who obliged themselves to purchase and acquire the property, rather the house with official property number 73, in Triq il-Kurċifiss, Isla, better described in the same judicial letter … omissis … and this subject to the terms and conditions listed in the abovementioned promise of sale agreement;

That since the abovementioned promise of sale agreement, one of the co-vendors, and namely Saviour sive Silvio Loporto, died, and you as his heirs presumptive, and namely his spouse Josette Loporto, and his children Philip sive Pippo, Roberto, and Sandro siblings Loporto, and the co-vendor Carmel sive Lino Loporto are refusing to appear on the final deed of sale;

That the above-cited promise of sale agreement expires on the 30th day of January, 2018, and you failed to appear for the final deed of sale.

Therefore, as co-vendor and heirs presumptive, you are being formally called upon to carry out what the vendors obliged themselves to do. Otherwise, the senders will proceed against you according to law and this without any further notice.

This judicial letter is being filed inter alia in terms of Article 889 of Cap. 12 and Article 1357 of Cap. 16 of the Laws of Malta.

With court costs and legal interest

Applicants: Godfrey Cosaitis (ID 558961M) et, 42, Orchid, Triq Olaf Gollcher, Birkirkara

Services: Deputy Curators, Superior Courts, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

Dated this 24th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals