Court Notices published in Govt. Gazette No. 20,029 of 24th July 2018

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 8th April, 2018, following a request of Leonardo Ruglio Sanchez,it was ordered that deputy curators be chosen to represent the absent Carlos Alfredo De Jesus Pietri,in the records of the Letter of Mediation 425/18 AL, in the names ‘Leonardo Ruglio Sanchez vs Deputy Curators and in the relative and subsequent acts.

By means of a Letter of Mediation, filed, in the Civil Court (Family Section) to the Registrar Civil Courts (Family Section) on the 6th April, 2018, in the records of the Mediation in the names Leonardo Ruglio Sanchez (ID 156718A) 6b, Triq Stella Maris, Tas-Sliema vs Deputy Curators to represent the absent Carlos Alfredo De Jesus Pietri, the interpellant Leonardo Ruglio Sanchez, above mentioned brought forward his request in terms of Regulation 4 of Legal Notice Number 397 of 2003, in order to be authoridsed to proceed for personal separation from Carlos Alfredo De Jesus Pietri.

That ther partires were married on the 17th October 2015, in Doral, Florida, and the parties do not have any children.

That conjugal life between the parties is no longer possible for valid and sufficient reasons at law which give rise to personal separation.

Thus in view of this letter the interpellant is bringing his case before this Honourable Court so that the parties appear before a Mediator according to law. 

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

By a decree of the Court of Magistrates (Malta) of the 25th April, 2018, the publication of the following extract was ordered for the purpose of effecting service on Daniela Debattista, Glenn Debattista and on the company AJ Rentals Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 3rd July, 2017, in the records of judicial letter with bills of exchange number 2319/2005 in the names United Acceptance Finance Limited (C 360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, vs Daniela Debattista of 129, Triq Manwel Dimech, Tas-Sliema, AJ Rentals Ltd (C 28579) of Madonna ta’ Lourdes, Triq Stiefnu Zerafa, Ħal Għargħur, and Glenn Debattista of 129, Triq Manwel Dimech, Tas-Sliema, as surity in solidum, whereby United Acceptance Finance Limited respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 2319/2005, the interpellant company rendered enforceable the bills of exchange amounting to Lm2,875 equivalent to €6,696.94 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and thus the applicant company cannot proceed without the authorisation of this Honorable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of Lm2,875 equivalent to €6,696.94, together with interest and relative costs according to law which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honorable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice number 173/17MLF

United Acceptance Finance Limited 

vs

Daniela Debattista et 

The Court,

Saw the application of United Acceptances Finance Limited of the 3rd July, 2017;

Orders the service of the same application to the counter-party who has twenty (20) days from the day of notification to submit a reply and schedules the application for hearing and for all the evidence of the parties for the sitting of the 22nd November, 2017, at 11.30 a.m. which is postponed to the 10th October, 2018, at 11.00 a.m.

Service: Daniela Debattista, 129, Triq Manwel Dimech, Tas-Sliema

    Glenn Debattista, 129, Triq Manwel Dimech, Tas-Sliema

    AJ Rentals Ltd, Madonna ta’ Lourdes, Triq Stiefnu Zerafa, Ħal Għargħur

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st June, 2018, by the Rent Regulation Board, in the records of the Application in the names Salvatore Galea et vs Stephanie Pace, Application number 38/2018JD, the following publication was ordered for the purpose of effecting service on the respondent Stephanie Pace in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Salvatore Galea (ID 043632G) and Mary Galea (ID 472935M) vs Stephanie Pace (ID 298975M) filed on the 17th April 2018, the applicants Salvatore Galea (ID 043632G) and Mary Galea (ID 472935M) humbly requested:

That the applicant Mary Galea is the owner of the premises number 18 previously number 49, St Anthony Street, Ħamrun, Malta, which premises were given to her by means of a division in the records of Notary Anthony Gatt on the 10th July, 1985, and which property she inherited from her parents Giovanni Gatt and Antonia Gatt, copy of the contract attached Doc. SG1;

The premises were originally leased in 1983 to Giovanni Marmara but by means of a private writing dated 9th March 2000, the respondent Stephanie Pace entered the premises as the sole resident therein and the rent was fixed for Lm70 equivalent to €163.06, payable in advance per year on the 1st December of each year (copy of the agreement attached and marked Doc. SG2);

The applicants recently came to know that the respondent has sub-leased the leased premises for years, and this in an abusive and illegal manner without the consent of the applicants, and as will be proven during the proceedings;

In addition, the respondent is not residing in the premises in question although she had to use the premises as her residence;

By means of a legal letter dated 20th November, 2017 (copy attached Doc. SG3), due to the above facts, the applicants solicited the respondent to vacate the leased premises and to return the vacant possession thereof; and the applicants no longer accepted the rent;

By means of a legal letter dated 9th December, 2017 (copy attached Doc. SG4) the respondent rejected the claims of the applicants and subsequently deposited the rent under the Authority of the Court by means of a schedule of deposit dated 15th March, 2018, in the names Stephanie Pace vs Salvino Galea et (schedule of deposit number 503/2018) copy attached Doc. SG5;

Accordingly, the applicants had no other option but to file these procedures;

Thus, the applicants respectfully request this Board to:

1. Declare that the lease of the premises 18, St Anthony Street, Ħamrun, Malta, is terminated;

2. Authorise the applicants to resume the possession of premises 18, St Anthony Street, Ħamrun, Malta, and orders the respondent to vacate from the premises and return the vacant possession of the premises, and this within a short and peremptory period fixed by this Honorable Board;

3. Condem the respondent to change the electricity and water meters of the relative premises (with ARMS account number 1010 0017 0902) to the name of the applicants and/or any one of them within a short and peremptory period fixed by this Honorable Board, and condems the respondent to pay all the costs relative to the transfer of the meters. If the respondent fails to change the names on the meters of the water and electricity onto the applicants’ names or on any one of them in the time fixed by this Court, it authorises the applicants to sign any document and/or to make any declaration in the name of the respondent with all responsible entities such that the said metres are changed onto the applicants or on any one of them;

4. Declare that the respondent is responsible to pay the bills of water and electricity of the premises 18, St Anthony Street, Ħamrun, Malta and order and condemns the respondent to pay the water and electricity bills till the date that the applicants are given back the premises;

5. Declare that the respondent is obliged to pay the damages that is a compensation for loss of earnings from the date that the respondent sub-let the leased premises and/or any other date fixed by this Honourable Board and this up until the responent returns the vacant possession of the premises, liquidate the said damages and orders the respondent to pay same.

With costs and legal interest against the respondent

Applicant: 34, Triq Diċembru 13, Nadur, Għawdex

Notification respondent: Stephanie Pace, 18, St Anthony Street, Ħamrun

The Application in the names Salvatore Galea et vs Stephanie Pace, Application number 81/2018JD, has been postponed for hearing for the 17th October, 2018, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd October, 2017, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 1929/13, in the names Director General (Inland Revenue) vs JDC Co. Ltd, ordered the following publication for the purpose of service in terms of Article 187(5) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against JDC Co. Ltd (C 12753) of Gaffieru RM Habel id-Dwe, Trejqet l-Irziezet, Naxxar and/or 21, Dolmen Crt, Triq Għawdex, San Pawl il-Baħar SPB 05, on the 24th June, 2013, the Director General (Inland Revenue) of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €5,553.50 due as additional tax or interest according to the Demand Notice for Payment here attached and marked as Doc. C.

Because you failed to pay the amount due although a demand for payment was made (see the same Doc. C above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 60A of the Act regarding the Tax on Document and Transfers (Cap. 364 of the Laws of Malta).

Pay the costs of this act

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 4th May, 2018, in the records of the judicial letter number 65/18, in the names Mapfre Middlesea plc et vs James Farrugia et, the Courts of Magistrates (Malta), ordered the following publication for the purpose of effecting service on the respondent James Farrugia, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

In the Courts of Magistrates (Malta)

To: James Farrugia (ID 444886M), St Anthony, Flat 3, Triq Għar u Casa, Il-Mellieħa

Elmo Insurance Ltd

By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana, as subrogated by means of law and policy, in the rights of its insured Alpine Rent-A-Car Ltd and the same Alpine Rent-A-Car Ltd, makes reference to the accident that occured on the 27th June, 2017, in Għadira, between the vehicle with registration number PQZ 018 property of the interpellant and insured by the interpellant insurance company and driven by John Glicosh, and the vehicle with registration number CBP 981 driven by the respondent James Farrugia and insured by the respondent insurance company.

Because for this accident the respondent James Farrugia is the sole responsible, because of negligence, lack of skill and lack of observation of the traffic regulations on his part when he collided on the back of the vehicle insured with the interpellant insurance company, you are being solicited so that within one week from today you come forward for the payment of damages suffered by the interpellant as a consequence of this accident in the amount of €384.43 representing €234.43 the repair costs of the vehicle PQZ018 that had been paid by the interpellant insurance company and €150 policy excess paid by the interpellant, besides the costs of the renting of a car.

In default of payment within the time given, the interpellants will proceed further against you without further notice.

So much to regulise your position

With costs of this present and legal interest till the date of the final payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th April, 2018, given by the Civil Court First Hall in the records of judicial letter number 262/18, in the names Registrar of Civil Courts and Tribunals vs Notary Pierre Falzon, the following publication was ordered for the purpose of effecting service on the respondent Notary Pierre Falzon in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Notary Pierre Falzon of Faye, St Catherine’s Street, Ħ’Attard 

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 €585.00 due by you as Registry fees in connection with the law suit in the names:

Farrugia John et vs Wanapp Company Limited et (SC,TM, JA1), deserted on the 4th April, 2017

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 24th May 2018 in the records of the judicial letter number 937/18 in the names Stephen Borg vs Maria Agius, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Maria Agius in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Maria Agius (ID 0544693M) of Meridien Court, Flat 7, Triq San Pawl, San Pawl il-Baħar 

By means of this present Stephen Borg (ID 483578M), refers to the procedures before this Honourable Court (General Application 41/18) in the names Stephen Borg vs Maria Agius (ID 0544693M) in her own capacity as heir of Michael Agius (ID 29400L) et, by means of this application the applicant is requesting the authorisation of this Honourable Court, in terms of Article 77C of the Civil Code to start the procedings for the declaration of the paternity as stated in articles 77A and 77B, and this so that he will recognise the late Micahel Agius as his son according to law, from which procedures it will result that the applicant Stephen Borg is the natural father of the late Michael Agius.

Because of the prejudice that he may suffer, he is soliciting you to refrain from carrying out any causa mortis, sell, give away, transfer or dispose by onerous or gratuitous title, assign, hypothecate, burden or in some other manner assign in whole or in part the inheritance of Michael Agius who passed away on 14 December, 2017;

The interepellant always had the interest and still has the interest so that the real paternity of the late Michael Agius will be declared, which declaration of paternity, once declared, will have the effect on the inheritance and the eventual heirs according to law of the late Michael Agius.

Thus, whilst bring all the above to your formal notice, in case you do not abide with that requested by you in this letter, the interpellant will hold you responsible for the damages that he is suffering and will suffer, and he places you in dolo, mora and culpa for all the effects and purposes at law.

Applicant: Stephen Borg, 10, Triq San Enriku, Tas-Sliema

Notification: Maria Agius of Meridien Court, Flat 7, Triq San Pawl, San Pawl il-Baħar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 20th November, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1648/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Tom Cracknell, the following publication was ordered for the purpose of effecting service on the respondent Tom Cracknell in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Tom Cracknell (ID 25458A) of Ta’ Montia, Blk A, Flat 1, Triq il-Papa Ġwanni Pawlu II, Marsaskala

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta 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 €1,258.43, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the the bill number 101000048656 for the premises Crackers, Triq Sant’Antnin, Marsaskala, which amounts to €1,258.43.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th June, 2018, Application number 988/2018 by Grace Borg whereby she prayed that it be declared open in her favour in its entirety the Succession of Carmel Gauci, legally seperated, son of the late Joseph and Rita née Camenzuli, born in Birkirkara, resided in Paola and died in Tal-Qroqq, Msida, on the 2nd February, 2018, aged 73, holding identity card number 0222744M, 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 a decree of the Small Claims Tribunal of the 18th May 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).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a claim on the 22nd January, 2018, whereby they asked the Tribunal to condemn Al Maraash Nagi (ID 291707L) of Sherdon F/H, Triq Ħal Qormi, Ħ’Attard, to pay the plaintiff company the sum of €994.71, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 43/18AM) is deferred on the 11th October, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 20th June, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Fahrenheit Freight Fowarders Company Limited (C-17421) of Begonia Stores, Triq il-Pitkali, Ħ’Attard ATD 2214, Malta, filed a claim on the 3rd May, 2018, whereby they asked the Court to condemn Prime Aluminium Ltd (C 72869) of KW38, Corradino Industrial Estate, Paola, to pay the plaintiff company the sum of €11,363.75 which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 105/18SG) is deferred to the 12th October, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Commercial Section) on the 25 th June, 2018, in the records of the Warrant of Prohibitory Injunction in the names Suzanne Mifsud vs Edgar Mifsud, Warrant number 977/18MH, the following publication was ordered for the purpose of service of the defendant Edgar Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Commercial Section) in the names Suzanne Mifsud (ID 576763M) vs (Respondent) Edgar Mifsud (ID 402463M) on the 14th June, 2018, the applicant Suzanne Mifsud respectfully pleaded:

That the interpellant has an interest to safeguard her rights,

That the interpellant in order to safeguard her rights wishes to hold the respondent from holding a sitting or rather an extraordinary meeting of the shareholders of the company CityPro Limited (C 26902) called by him on the 20th June, 2018, at 11.00 a.m., at the premises 58, Old Bakery Street, Valletta, and so that in the same meeting she is not removed from director of the company,

1. That the applicant is the wife of Edgar Mifsud (ID 402463M). They were married on ther 21st January, 1989, and between them they have in force the regime of community of acquests;

2. That the parties are presently de facto seperated from each other;

3. That included in the community of acquests between the parties there are all the shares of the company Citypro Limited (C 26902) which was registered on the 5th September, 2000, from which the applicant has ten shares (10) whilst that registered in her husband’s name there are nine hundred ninety (990) ordinary shares;

4. That the parties are both directors of the company Citypro Limited;

5. That during the period when the parties were de facto separated the defendant excluded even physically the applicant from the administration and running of the company Citypro Limited;

… omissis …

7.That all this added to a large number of analogous factors brought about the applicant in order to present procedures before this Honourable Civil Court, whereby she asked the same Court to dissolve the same company Citypro on the basis of Articles 214(2) (a)(ii) and 214 (2) (b) (iii)of Cap. 386 of the Laws of Malta;

… omissis …

9.That the said company Citypro Limited besides possessing the larger portion of the common wealth of the parties, represents the only source of their income;

… omissis …

11. That the applicant is asking for the issuing of this Warrant because according to the Memorandum of Association of the same company (Article 6) the company is to be administered by its Board of Directors that should be composed by not less than two directors as the case is at present;

12. That the meeting of the shareholders of the 20th June 2018, was called without the holding of any meeting of the Directors in order that this meeting be called, but was unilaterally called by the respondent who alone does not have the power to call this meeting;

… omissis …

14. That furthermore as stated the shares of the parties in this company are common and this company comprises in it as stated the larger part of their common wealth and the business of this company affects that wealth which is not controlled by the company in so far as the debts of the company are guaranteed by the parties. Thus, apart from the considerations of law regarding companies, the removal of the applicant from the administration of the common wealth of the same parties is thus repugnant to the delicate balance of the spouses as provided in matrimonial law,

That the applicsant shall be prejudiced if the respondent is not witheld as stated;

Thus, the applicant humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction in order to withold him from continuing to carry out the things above mentioned

Confirmed before me under oath after I read its contents and in the presence as witness of identity and filed by PL Joeline Pace Ciscaldi.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recurr all the necessary elements for the undermentioned orders;

And after doing this and if you encounter any diffiulity in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

Applicant: 68, Melody 17, Triq Don Luigi Rigord, Pembroke

Respondent: 35A, St Anthony Street, Tas-Sliema

Execution:

1) 35A, St Anthony Street, Tas-Sliema

     2) 58, Old Bakery Street, Valletta

The Application Warrant of Prohibitory Injunction in the names Mifsud Suzanne vs Mifsud Edgar, Application number 977/18MH, was out off for hearing to the 3rd September, 2018, at 10.00 a.m.

ADV.FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals