Court Notices published in Govt. Gazette No. 19,981 of 20th April 2018

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 27th March, 2018, following a request of Vivaldi Hotel (Operations) Limited, it was ordered that deputy curators be chosen to represent the unknown superior owners in the records of the Schedule number 589/18, in the names Vivaldi Hotel (Operations) Limited vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit and contextual redemption of groundrent , filed, in the First Hall Civil Court, in the names Vivaldi Hotel (Operations) Limited, a company registered in Malta, with an address registered The Golden Tulip Vivaldi Hotel, Dragonara Road, Paceville, St Julian’s, and with registration number C 24056 vs Deputy Curators to represent the unknown superior owner/owners, on the 26th March, 2018, the interpellant Vivaldi Hotel (Operations) Limited (C 24056) respectfully pleaded:

That by means of a contract of the twenty sixth (26) of July of the year two thousand and seventeen (2017) in the records of Notary Doctor Carmel Mangion, copy annexed Doc ‘A’, the interpellant company redeemed in its favour the groundrents and sub-groundrents mentioned in the same contract from the Noble Martin Testaferrata Moroni Viani, Honorary General Consul, son of the late Baron Salvino Testaferrata Moroni Viani and Baroness Monika Testaferrata Moroni Viani née Ammermann, born in Tas-Sliema and residing in Paola, (ID 14970M), in representation of the company ‘Despuig Limited’ (C 1725) previously Cotswold Developments Limited, in virtue of which contract of redemption there were redeemed the burdens and servitudes imposed by the same groundrent and sub-groundrents and which affect and burden the Vivaldi Hotel, without official number, Paceville, St Julian’s and which borders on the West with Paceville Avenue (Street) on the East with Dragonara Road and on the North with property of family Pace or their successor in title.

That it results from the same contract dated twenty sixth (26) of July two thousand and seventeen (2017) that the groundrents and sub-groundrents on Vivaldi Hotel were all redeemed and the only groundrent/sub-groundrent which was not redeemed on the said Vivaldi Hotel amounts to (€366.29), which groundrent/sub-groundrent is payable to third persons, which third persons are the unknown superior owner/owners.

That the interpellant company wishes to avail itself of the faculty given to it by the relative provisions of Maltese law and especially Article 1501 of the Civil Code of Malta.

That the groundrent of (€366.29) capitalised at 5% according to the provision above mentioned amounts to the sum of seven thousand three hundred twenty five euro and eighty cents (€7,325.80).

Thus, the interpellant company in view of the above premised and to exonerate itself from all responsibility is calling upon this Honourable Court and depositing under its authority the sum of (€7,325.80) representing redemption of groundrent burdening the property above mentioned so that this amount be freely withdrawn saving the release of the due receipt.

Interpellant: Vivaldi Hotel (Operations) Limited, The Golden Tulip Vivaldi Hotel, Dragonara Road, Paceville, St Julian’s

Notify: Director Public Registry, Triq il-Merkanti, Valletta (2 copies)

Deputy Curators, Courts of Justice, Valletta

Land Registry, West Street, Valletta 

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 Mark Chetcuti LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 19th Frar 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).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Luqa, filed a Claim on the 22nd January 2018 whereby they asked the Tribunal to condemn Charlene Gatt (ID 254785M) of Sunnyvale, Fl 2, Triq iċ-Ċern, San Pawl il-Baħar, to pay the plaintiff company the sum of €3, 790.49 which amount is due to the plaintiff company.

With costs and interests.

The case (Claim Number 48/18AM) is deferred on the 27th April 2018 at 12.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, in the records of the Sworn Application in names Costa Del Sol Limited (C 4642) vs Sultana Josette Dr et noe et, Application number 64/18 MCH, the following publication was ordered for purpose of service of the respondent Raymond Pelicano, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court, in the names Costa Del Sol Limited (C 4642) vs by decree of the 8th February, 2018, Dr Josette Sultana and PL Melissa Anastasi were appointed Deputy Curators to appear for the absent Eva Aydelman (ID 0046231A) and by decree of the 8th February, 2018, Dr Yanika Bugeja and PL Nicholette Aquilina were Deputy Curators to appear for the absent Roksan Aydelman (ID 0046230A), Raymond Pelicano (ID 312862M), Johann Baldacchino Romano (ID 172875M) and Sarah Sultana (ID 12581M) on the 23rd January, 2018, the applicants asked the respondents or either why for the reasons premised this Honourable Court should not,

1. Saving any other necessary declaration declare that the applicant company suffered damages, which damages were cause due to negligence, carelessness and shortcomings in the trade and art of the respondents or either of them, declare that the applicant company suffered damages, which damages were caused by fraudulent behaviour of the respondents or either of them and uphold the other demands in the application amongst which that there be liquidated the damages and that the respondents or either of whom in solidum pay all the damages liquidated.

With costs and legal interest as demanded against the respondents from now summoned so that a reference to there evidence be made.

Applicant: Costa Del Sol Limited (C 46420), Flat 5, Splendrich, Triq is-Salib, Mellieħa

Respondent:

1. … omissis …

2. … omissis …

3. … omissis …

4. … omissis …

5. Raymond Pelicano, Apartment 1, Baxa Building, 2, Valletta, Road, Mosta MST 9010

The Sworn Application in the names Costa Del Sol Limited (C 4642) vs Sultana Josette Dr et noe et, Application number 64/18 MCH, was deferred for hearing to the 10th May, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a Decree of the 29th March, 2018, 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 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 22nd March, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial Sale by Auction 38/17 in the names J. Zammit Limited vs Richard Azzopardi (ID 870M) and Hanane Azzopardi (ID 33546A) held under the Authority of the said Court on the 21st March, 2018.

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.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Claudette Grima (ID 367978M) filed an application under oath (No. 23/17RGM) demanding Corrections in the Act of Birth of the minor child minor child Shyam Mallia, number 2560/2007, respectively 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

CORA AZZOPARDI

For Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 16th of April, 2018 by Mariella Wettinger, number 546/2018, wherein she prayed to be declared open in her favour in all it entirety the Succession of her mother Maria Karmena Wettinger (ID 0487437M), widow of Angelo, daughter of the late Joseph Musù and Giuseppa née Xuereb, born at Floriana, resided at Ħal Għargħur and died at Tal-Qroqq, Msida, on the 11th of November, 2017, aged 80 years. 

Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et sequitur of Cap.12 of the Laws of Malta

MARCEL BUGEJA

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 27th March, 2018, following a request of Camilleri Victoria, it was ordered that deputy curators be chosen to represent Giuseppe Abela or his unknown heirs or successors in title or other unknown third parties and of Charles Fava or his other unknown heirs or successors in title in the records of the Schedule number 598/18, in the names Camilleri Victoria vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of deposit and contextual redemption of groundrent of Victoria Camilleri (ID 418461M) filed, in the First Hall Civil Court, in the names Victoria Camilleri, carer, legally annulled from her marriage with Mahmoud Faraj Abdul Kareem, daughter of the late Joseph Camilleri and Maria Concetta née Pirotta, born in Naxxar and residing in Bormla, holder of identity card number 418461M vs 1) Deputy Curators of Giuseppe Abela, in business, son of Giovanni Battista and Costantina née Sghendo, born and residing in Valletta or his unknown heirs or successors in title or other unknown third parties; and 2)Deputy Curators of Charles Fava, Doctor of Medicine, son of Joseph Mary and Giulia née Galea, born and residing in Tas-Sliema and Giulia widow of Joseph Mary Fava, daughter of Carmelo Galea and Emilia néeAquilina born in Rabat, Malta, and residing in Tas-Sliema or heirs or other unknown successors in title; and 3) Deputy Curators of Iro Vassallo Cesareo, in business son of the late Attilio Vasssallo and Amelia née Cesareo, born in Naxxar and residing in Floriana or other unknown heirs or successors in title on the 27th March, 2018, the interpellant Victoria Camilleri (ID 418461M) respectfully pleaded:

That by means of a contract of donation in the records of Notary Dr John Spiteri dated fourteenth (14) of November, 2016, copy annexed Doc. A the interpellant was given by title of donation from Omar Kareem Camilleri, the garage underlying property of third parties with number eight (8) in Triq Qalb Imqaddsa previously Triq il-Kuċċard, St Julian’s, subject to the annual and perpetual grounrent of (€11.65);

2. That according to the above contract this property was acquired by Omar Kareem Camilleri as for one half undivided from Daniel Kareem Camilleri (who had inherited the same one half undivided from Joseph Camilleri) by means of a contract of sale whilst the other one half undivided by means of a donation from Maria Concetta Camilleri, according to the contracts and further provenance indicated in the contract of the 14th November, 2016, above mentioned,

According to this same contract this garage was built by Joseph Camilleri on land he purchased during his marriage with his wife Maria Concetta Camilleri, from the power of Emanuel Debattista, records George Bonello Dupuis of the 2nd September, 1977, which land is of the size of 18.12 square metres and is subject to its rate of annual and perpetual groundrent of €11.65 was acquired as part of a larger land from Thomas Fenech;

… omissis …

6.That it shall be explained in this Schedule and as explained in the contract of the 29th March, 1973, it should effectively result that the groundrent above mentioned, imposed by the contract of the 27th March, 1950, was followed by two sub-groundrent as shall be explained;

… omissis …

9. That keeping in view the above the global amount referred to which eventually lead to the sum of (€11.65) as indicated in the first paragraph of this schedule can be redeemed as the original groundrent and the last sub-groundrent be capitalised at the rate of 5 % whilst the first sub-groundrent imposed according to the contract in the records of Notary George Bonello Du Puid of the 15th March, 1960, be redeemed at the rate of 3%;

10. That with reference to the groundrents mentioned in this Schedule it is to result in the first place that when one considers that the global groundrent which includes the original grounrent imposed at the rate indicated in this schedule when calculated according to the measurement of the redemption do not bring about to the total of €11.65, but to a lesser global sum;

11. That keeping in view the above it should result that:

a) the original groundrent in the sum of €4.31 as capitalised at the rate of 5% is being redeemed in favour of Giuseppe Abela or heirs/ successors in their title is equivalent to €86.20,

b) the sub-groundrent in the sum of €1.51 as capitalised in the rate of 3% which is being redeemed in favour of Charles Fava and Giulia widow of Joseph Mary Fava or heirs/successor in their title is equivalent to €50.33,

c) the sub-groupndrent in the sum of €5.82 as capitalised at the rate of 5% which is being redeemed in favour of Iro vassalo Cesareo and his heirs/ successors in in tite is equivalent to €116.40.

Thus, the interpellant is in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws odf Malta) humbly calling upon this Honourable Court and under its authority passing to depositing the global sum of €264.58 as price for the redemption of groundrent mentioned in this schedule and the groundrent and sub-groundrent of this last year referably to the property merit of this schedule so that these amounts be withdrawn by the persons who have a right to them in their respective share due to them as indicated in this Schedule after the due receipts according to law are left.

Interpellant: Victoria Camilleri, 7, Sqaq Ġużeppi Chetcuti, Bormla

Service: 1. Director Public Registry, Archbishop Street, Valletta

2. Land Registrar, Casa Bolino, West Street, Valletta

3. Raphael sive Wilfred Abela, 22, Flat 4, St Julian’s Hill, St Julian’s

4. David Fava, 178, No. 9, Tower Road, Tas-Sliema

5. Mark Vassallo Cesareo- c/o Kingsway Palace, 3rd Floor, Triq ir-Repubblika, Valletta

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 Mark Chetcuti, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 24th October, 2017, in the records of the judicial letter number 2055/17, in the names Malta Public Transport Services (Operations) Limited vs Joseph Vella et, ordered the following publication for the purpose of effecting service on the defendant Joseph Vella, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Joseph Vella (ID 0001370M) of Villa Rosa, 74, Spring Street, Mosta and Argus Insurance Agencies Limited, on the 2nd August 2017, Malta Public Transport Services (Operations) Limited (C-48875) of Triq l-Imdina, Ħal Qormi, whilst reference is made to the car accident that occured on the 30th December 2015, in Rabat, Malta, between the vehicle with registration number JBV 335 driven by the respondent Joseph Vella and insured with the respondent insurance company, and the vehicle with registration number BUS 697 driven by Ryan Schembri and property of the interpellant company.

As a consequence of this accident, the vehicle in question suffered damages.

Because this accident occurred because of your carelessness, negligence and lack of observation of the traffic regulations on part of the respondent Joseph Vella, the respondents are being solicited so that within one week they come forward for the payment of damages suffered by the interpellant as a consequence of this accident in the sum of €3756.80.

In default, the interpellant company will proceed against you without further notice.

So much for your own guidance and regulate your position

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th January, 2018, the publication of the following extract was ordered for the purpose of service on Denise Dalton in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Raymond Cassar (ID 438559M) of 21, Touchwood, Triq ir-Raddiena, Birżebbuġa, filed a claim on the 10th July, 2017, whereby he asked the Court to condemn Denise Dalton (ID 391092M) of 25, Triq id-Duluri, Isla, Malta, to pay the plaintiff the sum of €6,300, which amount is due to the plaintiff.

With costs and interests

The case (Notice number 187/17GM) is deferred to the 30th April, 2018, at 11.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 2nd February, 2018, in the records of the Application in the names Cutajar Emanuel et vs Peter Plant Limited (C 24242), the following publication was ordered for the purpose of service of the respondents Emanuel and Marthese spouses Cutajar, in terms of article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court First Hall, in the Records of the Garnishee Order 564/08 and the Garnishee Counter Warrant 764/17 in the names Emanuel and Marthese spouses Cutajar vs Peter Plant Limited (C 24242) on the 22nd November, 2017, the applicant Peter Plant Limited (C 24242) respectfully pleaded:

That this is an application in terms of Article 836(8) and (9) of Cap. 12 of the Laws of Malta;

That the company Peter Plant Limited had been engaged by the defendants by a contract of works to cut rock in Marsa and Ħal Lija. There cropped up disputes as to how much rock had been cut and how much was the rate of payment. In June of 2001, the company Peter Plant Limited instituted a cause against the defendants to be paid what was due to it;

… omissis …

That on the 17th April, 2008, the defendants instituted a cause with number 381/08 JRM and on that day they asked for and acquired the issuing of a precautionary Garnishee Order against Peter Plant Limited (Gar. No. 564/08) for the amount of thirty nine thousand euro (€39,000) as amount liquidated for the purposes of the same Warrant regarding ‘damages and penalties suffered by the applicant following the issuing maliciously, frivolously and in a vexatious manner of the Garnishee Order number 2133/02’;

… omissis …

That on the 1st September, 2011, the interpellant company asked the Court to change its opinion given in the Decree of the 26th February, 2010;

… omissis …

That on the 14h February, 2012, the Court rejected once again the demand of the interpellant company made by means of an application of the 1st September, 2011;

… omissis …

That on the 18th September, 2014, the Court rejected the demands of the applicant company;

… omissis …

That on the 19th May, 2017, the interpellant company presented a demand for the issuing of a garnishee counter-warrant which finally after nine years was upheld;

… omissis …

That as the garnishee order issued by the defendant was absolutely frivolous and vexatious and intended to obstruct the work of the interpellant company, the same company suffered substantial damages due to the keeping of it in force for the last nine years.

… omissis …

Thus, the interpellant company humbly prays this Honourable Court:

1. To declare the garnishee order with number 564/08 issued by the defendants against the applicant company, on the 17th April, 2008, was void, frivolous and vexatious;

2. Liquidate the amount of damages and penalties representing what the plaintiff company suffered during the years, which the same garnishee order remained in force;

3. Condemn the respondents in solidum to pay the penalties and damages so liquidated.

With costs, against the defendants who are from now summoned so that a reference to their evidence be made and with interest from the date of the issuing of the garnishee order 564/08 and namely from the 17th April, 2008.

Applicant: Peter Plant Limited, Carmont, Triq il-President Anton Buttigieg, Żejtun

Respondents: Emanuel and Marthese spouses Cutajar, St Joseph Triq Telleritu, Ħal Għaxaq

The Application in the names Cutajar Emanuel et vs Peter Plant Limited (C 24242) application number 1064/17 AE, has been deferred for hearing to the 23rd April, 2018, at 10.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals