Court Notices published in Govt. Gazette No. 20,051 of 4th September 2018

By decree given by the Civil Court, First Hall on 9th August, 2018, on the application of Bank of Valletta plc (C 2833), Thursday, 25th October, 2018, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held on the first floor of these Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

Four (4) plots marked with number seventeen to twenty (17-20). All the plots façade measures six metres and forty centimetres (6.4m) adjoining a public road. Plot seventeen (17) approximately length of thirty-six metres and forty-five centimetres (36.45m) and measuring approximately two hundred and forty-one point three seven square metres (241.37 sq. m), Plot eighteen (18) approximately length of forty-two metres and twenty centimetres (42.2m) and measuring approximately two hundred and eighty-three point five six square metres (283.56 sq. m), Plot nineteen (19) approximately length of fifty meters and fifty centimetres (50.5m) and measuring approximately three hundred and thirty-one point nine one square metres (331.91 sq. m) and Plot number twenty (20) approximately length fifty seven metres and fifty centimetres (57.5m) and measuring approximately three hundred and seventy-eight point four zero square metres (378.40 sq. m), which plots are bounded by the North with Triq il-Kunċizzjoni, South by Government property and other winds property of third or more boundaries and more accurate. The total area of the four plots measuring approximately one thousand two hundred and thirty-five point two four square meters (1235.24 sq. m), which plots forming part of a larger portion of land measuring approximately three thousand nine hundred and ninety-five point six square metres (3995.6 sq. m) and was originally part of other land owned by Anthony and Stephanie Zammit spouses was part of a larger portion of land surface measuring approximately five tumoli one seed and three measurements (5t 1s 3k), which land portion is situated in the area known as Ta’ Bieb ir-Ruwa within limits of Baħrija, Rabat, Malta valued at twenty five thousand euro (€25,000).

The said tenement is the property of Property & Finishings Ltd (C 47637).

N.B. The said tenement will be sold as described in the acts of judicial sales number 85/2016.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

ARB/C003/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 30th August, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Marse-Ann Farrugia LLD). Compilation Number 551/18 in the case: 

The Police 

(Inspector Frank Anthony Tabone) 

(Inspector Joseph Xerri) 

Versus

HORACE FENECH, 42 years, employed, son of Emanuel and Antonia née Muscat, born in Tal-Pietà, Malta, on the 7th April, 1976, residing at Sandawdar F/H, Tal-Fawwara, limits of Siġġiewi, Siġġiewi, and holder of Maltese identity card bearing number 345176M. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to HORACE FENECH and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A, Article 5 and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR

Asset Recovery Bureau

By decree given by the Civil Court, First Hall on the 29th August, 2018, on the application of Dr Joseph Ellis in his quality of special mandatory of the society Sonnig SA, Thursday, 29th November, 2018, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction, to be held on the first floor, Courts of Justice, Republic Street, Valletta of the following property.

Quarter of an undivided share of apartment numbered three (3), Kingstown Flats in Triq Testaferrata, Gżira valued at eleven thousand euros (€11,000).

Quarter of an undivided share of apartment numbered four (4), Kingstown Flats in Triq Testaferrata, Gżira valued at fifteen thousand, five hundred euros (€15,500).

Quarter of an undivided share of apartment numbered five (5), Kingstown Flats in Triq Testaferrata, Gżira valued at twelve thousand euros (€12,000).

Quarter of an undivided share of apartment numbered six (6), Kingstown Flats in Triq Testaferrata, Gżira valued at seventeen thousand euro (€17,000).

The said tenement is the property of Fenech De Fremaux Deborah (ID 186876M).

N.B. The said tenement will be sold as described in the Judicial Sales Act 67/2014.

RUDOLPH MARMARÀ

For Registrar, Civil Courts and Tribunals

By means of a decree of the 21st June, 2018, of the Rent Regulation Board, in the records of the Application in the names Monica Magro et vs Jesmond Vassallo et, Application Number 37/2018JD, the following publication was ordered for the purpose of effecting service on the respondents Jesmond Vassallo and Mark Vassallo 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 Monica Magro (ID 193553M) and Carmen Houlton (ID 812905M) vs Jesmond Vassallo (ID 050268M), Maria Therese Tabone and Mark Vassallo (ID 177570M), filed in the Rent Regulation Board, on the 13th April, 2018, the applicants Monica Magro and Carmen Houlton requested with respect:

1. That the applicants are the owners of the premises number 4 previously 121, Triq id-Duluri, Ħamrun, which premises was leased to Alfred and Emma spouses Vassallo before 1995;

2. The applicants filed legal proceedings against the respondents because they were occupying the premises illegally and abusively after the death of their parents, the said Alfred and Emma spouses Vassallo, and a judgement was handed down by the Rent Regulation Board in the names Monica Magro et vs Jesmond Vassallo et (Applicantion Number 46/2017) as shown in the true copy attached and marked as Doc. A;

3. This case was decided in favour of the applicants, where this Honorable Board ordered the eviction of the respondents, as shown in the judgement attached and marked as Doc. A;

4. For this judgement there was no appeal as shown in the document abovementioned marked Doc. B;

5. Apart from this, there are still pending water and electricity bills of the premises as shown from the bill that amounts to €4,236.19 and/or any other amount, a copy of which bill is attached and marked as Doc. C;

6. During the proceedings with application number 46/2017 decided on 6th November which is attached and marked as Doc. A, the request of the applicants for payment of the pending water and electricity bills in connection with the use of the premises by the respondents, was withdrawn;

7. This withdrawal was made without prejudice to the request of the applicants;

8. The respondents were solicited by means of judicial letter number 2149/16, filed on the 24th June, 2016, to pay the bills but they remained in default. This judicial letter is marked as Doc. D;

9. The respondents were notified with this judicial letter in July 2016;

10. This case was filed before this Honourable Board according to Article 1525 of Cap. 16 of the Laws of Malta.

Thus the applicants humbly request this Honourable Board to:

1. Declare the respondent solely responsible to pay the water and electricity bills of the premises 4 previously 120, Triq id-Duluri, Ħamrun and to order and condemn the respondents in solidum to pay the water and electricity bills, which bills amount to €4,236.19 and/or any other sum, and this within a short and peremtory time fixed by this Honourable Board.

With costs against the respondent and with legal interest from the date of the judicial letter dated 24th June, 2016, till the date of effective payment.

Applicant: 

Monica Magro, 42, San Antonio, Triq il-Linja, Ħ’Attard

Carmen Houlton, 21,Triq Mario Cortis, Ħ’Attard

Respondents: 

Jesmond Vassallo, 18, Triq il-Miklem Malti, Marsaskala   

Mark Vassallo, 108, Daffodil, Triq Santa Marija, Gudja and/or Three Hills, Flat 2, Triq it-Torri, Munxar, Gozo

The application in the names Monica Magro et vs Jesmond Vassallo et, Application Number 37/2018JD, has been postponed for hearing to the 17th October, 2018, at 9.30a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 23rd July, 2018, Application number 1131/2018 by Carmel D’Amato whereby he prayed that it be declared open in his favour and in favour of his brother Anthony D’Amato as for one third (1/3) undivided share each one of them and as for the remaining one third (1/3) undivided share in favour of Joseph D’Amato, Catherine Muscat, Paul D’Amato, Antoine D’Amato and Raymond D’Amato nephews and nieces of the decujus in equal shares between them that is one part of fifteen (1/15) undivided share each one of them the succession of Marjanna Damato, unmarried, daughter of the late Giuseppe Damato and Grezzja Damato née Bonello, born in Żurrieq and resided in Żurrieq and died in Ħal Luqa on the 30th September, 2016, aged 79 and who held the identity card bearing number 0259937M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 20th July, 2018, Application number 1120/2018 by Maria Joanna known as Joanna Sammut et whereby they prayed that it be declared open in favour of Maria Joanna known as Joanna Sammut and Edward Briffa, children of the decujus the succession of Marlene (Maria Carmela) Briffa, widow, daughter of the late Edward Vassallo and Elena née Grech, born in Tas-Sliema, resided in Gżira and died in Tal-Qroqq, Msida, Malta on the 11th November, 2017, aged 81 and who held the identity card bearing number 443336M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 20th July, 2018, Application number 1122/2018 by John Vella pro et noe et whereby they prayed that it be declared open in his favour in his own name and for and on behalf of Carmen Beechan, Josephine Sacco, Mary Hilberding and Joseph Vella in the quota of one fourth (1/4) undivided share each between them; Gaetano Buttigieg in his own name and for and on behalf of John Buttigieg in the quota of one fourth (1/4) undivided share between them; Joseph Fenech for and on behalf of John Bonanno and Rose Collier in the quota of one fourth (1/4) undivided share between them; John Bonanno, and also for and on behalf of John Bonanno, Caroline Leonard, Margaret Willmina Bonanno and Charles sive Joseph Bonanno in the quota of one fourth (1/4) undivided share between them the succession of Giuseppe sive Joseph Bonanno, bachelor, son of the late Giovanni Bonanno and Carmela née Borg, born in Mellieħa and resided in Mellieħa and died in Tal-Qroqq, Msida on the 30th October, 2016, aged 91 and who held the identity card bearing number 177625M.

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 Civil Court of Voluntary Jurisdiction Section, on the 27th July, 2018, Application number 1154/2018 by Jean Fallows whereby she prayed that it be declared open in her favour in its entirety the succession of Caroline Fallows, unmarried, daughter of the late David Fallows and Annie née Mugan, born in England and resided in Tas-Sliema and died in Tal-Qroqq, Msida on the 29th December, 2017, aged 77 and who held the identity card bearing number 0032238A. 

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 Civil Court of Voluntary Jurisdiction Section, on the 25th July, 2018, Application number 1148/2018 by Francesca Muscat, Dylan Muscat and Hilda Jane Boulton as legitimate representative of her minor daughter Emily Muscat whereby they prayed that it be declared open in favour of the same Francesca Muscat and Dylan Muscat and the minor Emily Muscat in the quota of one third (1/3) undivided share each one of them the succession of their father Paul Muscat, separated from Gaetana Muscat, son of Joseph Mary Muscat and Mary Muscat née Carabott, born in Ħal Tarxien, resided in Ta’ Sannat, Gozo, Malta and died in Ta’ Sannat, Gozo, Malta between the 28th February, 2018, and the 1st March, 2018, aged 59 and who held the identity card bearing number 0296558M.

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 29th July, 2018, following an application of Tommy Meilak and others filed on the 14th May, 2018, Application Number 717/2018 this Court ordered that the decree in virtue of which Anthony Meilak, holding identity card number 243562M, was interdicted and incapacitated decree numbers 127/2000 and 46/2016 respectively be revoked and he be rehabilitated in all the acts of civil life for all the purposes and effects of Law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 14th August, 2018, of the Rent Regulation Board, in the records of the Application in the names Ole’ Company Limited vs Mary Cuschieri et, Application Number 75/2018JD, the following publication was ordered for the purpose of effecting service on the respondent Mary Cuschieri, Paul Cuschieri and Maria Fenech 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 Ole’ Company Limited (C 22679) vs Mary Cuschieri (KI 193739M) and the children of the deceased Anthony Cuschieri and cioè Paul Cuschieri (KI 65470M) and Maria Fenech (KI 272273M), filed in the Rent Regulation Board, on the 30th May, 2018, the applicant Robert Abela (ID 352858M) for and on behalf of Ole’ Company Limited requested with respect that:

1. The applicant company declares that Anthony and Mary spouses Cuschieri were the owners of the premises 63, Main Street, Saint Julians today cafeteria with the name Cafe Ole’. That Anthony Cuschieri today is deceased and as far as they know he had two children namely Paul Cuschieri and Maria Fenech née Cuschieri, here the respondents;

2. Spouses Cuschieri entered into a lease agreement dated 4th February, 1987, where spouses Cuschieri as owners of the premises 63, Main Street, Saint Julians leased the premises to Charles Demicoli and where in this lease agreement here attached and marked as Doc. A in clause 5 there it is stipulated that the owners are granting the tenant the right to sub-lease as long as every sub-lease and/or assignment triggers with it the obligation to pay to the owners the payment of an amount equivalent to one year’s rent;

3. On the 5th August, 1998 Charles Demicoli who was the tenant at that time of the shop subject to these proceedings, entered into an agreement for the transfer and assignment of the lease to the company Ole’ Company Limited which at the time belonged to Ramon Debono, Carmel sive Lino Debono and Joseph Debono and the same Charles Demicoli, copy of the agreement is attached as Doc. B;

4. Subsequently, in 2002, the shares of the company Ole’ Company Limited were transferred to the company Ole’ Catering Limited (C 27466) today bearing the name Alliance Investments Limited;

5. In 2005 the shares of the company Ole’ Company Limited were acquired by the applicant Robert Abela and his son Karl Abela and so Robert Abela acquired 40,000 “A” shares and Karl Abela acquired 1,000 “B” shares;

6. During these years the rent was always paid and was always paid regularly and was accepted by the respondents;

7. Recently the respondents refused the rent and this without giving any reason or/and justification;

8. Due to this unreasoned refusal, the applicant company is concerned that the respondents are going to argue that the lease is going to be terminated on the 31st May, 2018, according to Article 1613(1) Cap. 16;

9. The applicant company humbly requests that it does not fall within the parameters of termination stipulated in Article 1613(1) of Cap. 16, inter alia because the lease agreement specified the right to sub-lease according to clause 5 of the agreement Doc. A, and the transfer of the shares was made after the 1st June, 1995, and the respondents accepted and recognised the applicant company Ole’ Company Limited as the tenant of the leased premises;

10.  Thus the applicant company is firstly making this application and requests the declaration that the lease in its favour does not fall under under Article 1613(1) of Cap. 16 and so it is not going to be terminated on the 31st May, 2018;

11. The applicant company is filing this application because of the peremptory period stipulated in Article 1613(1) of Cap. 16 such that in the event that the first request is not accepted, the applicant company wishes to exercise its rights at law so that it continues to operate the business from the said premises under those conditions and for a period which this Board will fix, which period is not to be longer than ten years from the date of filing of this application, and/or that period which the Board itself establishes in the circumstances (where the original lease was of fifteen years as results from Doc. A), and at the rent which is established also by the Board in terms of article 1613(6) where the rent can be below market rates and this given that the situation will seriously financially prejudice the applicant company which employ six people at the premises;

12. The main reasons why the request made in terms of Article 1613(2) of Cap. 16 so that the applicant company continues in the lease of the premises at 63, Main Street, St Julians should be accepted are:

a) In the first instance, when Robert Abela bought the shares of the applicant company in 2005, the law was that the lease was protected for an indefinite time and so Robert Abela invested and made financial projects with that in mind, where he invested in a substantial amount of money so that he will start to operate from the premises (amongst which improvements and equipment) and this on the basis of a legitimate expectation that he will continue to operate from the premises for an indefinite period and this in good faith. It was only four years after that Robert Abela entered in the company that the amendments to Article 1613(1) of Cap. 16 were introduced according to Act X of 2009 where Robert Abela could not foresee that this amendment will be introduced and prejudice his position;

b) In the second instance, the applicant company spent much money to modernise the premises and to turn the premises into a coffee shop that will generate business from the small premises and this as it will be proven during the proceedings;

c) In the third instance, the applicant company upgraded the leased premises and invested in them and the goodwill and the clientele generated for all these years is the result of the operation and work of the applicant company;

d) In the fourth instance it results that the applicant company shop employs six workers (five full-time workers and one part-time) in the shop and this job is important for their living.

13.  Thus the legislator introduced the amendments by means of Act VII of 2018 so that in the case of genuine cases as the one in question, the rights of the tenant are protected.

14.  For all intents and purposes, the applicant in the coming days will deposit the rent that is still not cashed by the respondents and this to exonerate itself from any responsibility;

15. Thus these proceedings had to be filed.

Accordingly, in the light of the above reasons, the applicant company requests this Honourable Court so that it:

1.  Declares that the lease of the premises 63, Main Street, Saint Julians in favour of the applicant company does fall within article 1613(1) Cap. 16 and so it will not be terminated on the 31st May, 2018, in terms of the same article;

2. In case this Honourable Board does not uphold the first request it determines the lease conditions so that the applicant company will continue to run the business from the premises in terms of Article 1613(2) et sequitur of Cap. 16 including the fixing of the period of the lease and to establish the rent payable, with the assistance if needed of architects, and consequently gives the rights and the opportunity for the applicant company to continue running the business from the premises in terms of Article 1613(2) et sequitur under the conditions as established and this under those terms which the Board deems fit in the circumstances.

Applicant company:

5/5 Triq Ġorġ Borg Olivier, St Julians

Respondents: 

1. Mary and Paul Cuschieri, 76, Main Street, St Julians

2. Maria Fenech, 1, Tal-Maġġur, Triq il-Magna tas-Serrar, Msida

The application in the names Ole’ company Limited vs Mary Cuschieri et, Application Number 75/2018JD has been postponed for hearing to the 16th October, 2018, at 11.30a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 29th August, 2018, on the application of Intercomp Marketing Limited (C 20612), Wednesday, 24th October, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held at number seventeen (17), Triq id-Dejqa, Il-Belt Valletta of the following items seized from the property of Gafà Leon.

Unit with six doors and two drawers brown in colour, small oval table brown in colour, glass vase brown in colour, LCD of the make Finlux, LCD of the make Samsung, three (3) seater sofa black in colour, unit with two shelves, two wardrobes with two doors. 

N.B. The said objects will be sold as described in the judicial sales number 13/18.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 12th June, 2018, on the application of Miceli Marlene (ID 956249M) et, Thursday, 11th October, 2018, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held on the First Floor of these Courts of Justice, Republic Street, Valletta of the following property.

Undivided half (½) of the garage numbered eight (8), now number thirteen (13), in Triq il-Konservatorju, Floriana, free and unencumbered, valued at twelve thousand and five hundred euro (€12,500).

Undivided half (½) of the apartment numbered two block number sixteen (16/2), in Misraħ San Kalċedonju, Floriana on third floor in a block of two apartments, free and unencumbered, valued at six thousand euro (€6,000).

Undivided half (½) of the ground floor tenement numbered one hundred and fifty-six (156), in Triq Parades, St Paul’s Bay, free and unencumbered, valued at forty five thousand euro (€45,000). 

The said tenement is the property of Haber Anthony (ID 510647M), Haber Martin (ID 875053M), Haber Josephine sive Joyce (ID 485644M), Haber Angelo (ID 576351M), Haber John (ID 382561M), Haber Simon (ID 476563M), Miceli Marlene (ID 956249M), Haber Francis (ID 490448M), Haber Robert (ID 799254M) and Haber Christopher (ID 295760M).

N.B. The said tenements will be sold as described in the acts of judicial sales number 44/2017.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th June, 2018, of the Civil Court First Hall in the records of judicial letter number 1283/2018, in the names Commissioner for Revenue vs Keith Stagno Navarra, the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Keith Stagno Navarra (ID 3670M) of 46A/5, Triq il-Kbira, Tas-Sliema.                                                                  

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €157,731.03 representing amount due by you according to the same Act.

With costs and interest according to the said Act XXIII of 1998, 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 same Commissioner for Revenue has against you by means of a notice sent to you. 

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

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

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 1st June, 2018, whereby they asked the Tribunal to condemn Elevators D.C. Company Ltd (C 45440), of Springfields Court, Flat 1, Triq it-Tgħam, Mellieħa, to pay the plaintiff company the sum of €995.23, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 245/18CZ) is deferred on the 2nd October, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 23rd April, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 23rd April, 2018, whereby they asked the Tribunal to condemn Dimech Carmelo (ID 314746M), of 157, Triq Salvu Psaila, Birkirkara, to pay the plaintiff company the sum of €563.61, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 159/18KCX) is deferred on the 4th October, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 10th July, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 27th June, 2018, whereby they asked the Tribunal to condemn Grecko Agris (ID 77420A), of Watergate, Flat 4, Triq Victor Denaro, Msida, to pay the plaintiff company the sum of €582.61, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 292/18PA) is deferred on the 19th September, 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 4th 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 4th May, 2018, whereby they asked the Tribunal to condemn Holt Neil (ID 33192A) of Springhill Court, Flat 5, Triq Santa Marija, Mellieħa, to pay the plaintiff company the sum of €1018.49 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 199/18KCX) is deferred on the 4th October, 2018, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th June, 2018, of the Civil Court First Hall in the records of judicial letter number 1182/2017, in the names Commissioner for Revenue vs Mr James International Limited (C 19604), the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Mr James International Limited (C 19604) San Ġorġ Corinthia Hotel, Ix-Xatt ta’ San Ġorġ, St Julians, and/or Suite 1, 53A, Balzan Valley, Ħal Balzan.

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Article 59 of Cap. 406 of the Laws of Malta so that within two (2) days from the service of this act, you pay the amount of €53,598.07 representing the balance of a larger sum due as value added tax (VAT 98) due by you.

The sum above indicated has remained unpaid notwithstanding that you have been called upon to pay the said sum by virtue of the notice issued by the Commissioner for Revenue in accordance with article 59 of Cap. 406 of the Laws of Malta.

This intimation is being made for all intents and purposes of Law, including but not limited to, to render enforceable the executive title held by the Commissioner of Revenue against you.

In the event that you fail to comply with this intimation be advised that the Commissioner of Revenue shall proceed with enforcing the executive title he holds against you.

With costs and interest in accordance with Cap. 406 of the Laws of Malta.

For your better guidance.

ALEXANDRA DEBATTISTA

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 19th April, 2018, following a request by Paolo Curmi pro et noe it was ordered that deputy curators be chosen to represent the unknown owner or owners of the remaining undivided share of the premises 4 and 5, Sqaq il-Bandolier, Żejtun in the records of the application number 335/2018SM in the names Paolo Curmi pro et noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Paolo Curmi (ID 844139M) in his own name and as mandatory of his absent sister Josephine Ghirxi (Australian passport number M 1232450) vs deputy curators to represent the owner or owners of the remaining undivided share of the premises 4 and 5, Sqaq il-Bandolier, Żejtun, on 12th April, 2018, the applicant Paolo Curmi (ID 844139M) in his own name and as mandatory of his absent sister Josephine Ghirxi (Australian Passport Number M 1232450) respectfully requested and confirmed on oath:

The applicants are both co owners of the premises number 4 and 5, Sqaq il-Bandolier, Żejtun with all its rights and appurtenances;

By means of a contract dated 30th May, 1943, in the records of Notary Giovanni Vella, Nazzareno Curmi had acquired three fifths (3/5) and six sevenths of one fifth (6/7 of 1/5) undivided property 4 and 5 previously number 12, Sqaq il-Bandolier, Żejtun;

Subsequently, by means of a contract dated 27th March, 1949, in the acts of Notary Robert Girard, Nazzareno Curmi has acquired the one fifth (1/5) undivided share of the said property;

The said Nazzareno Curmi died on the 11th January, 1984, and by means of his last will unica carta dated 15th March, 1972, in the acts of Notary Antonio Carbonaro, he nominated and designated as his universal heirs his two children and that is the applicants Paolo Curmi and his sister Josephine Ghirxi;

That Rosa sive Rosina Curmi, wife of Nazzareno Curmi, died on the 2nd May, 2001, and by means of her last will unica carta dated 15th March, 1972, in the acts of Notary Antonio Carbonaro, she nominated and designated as her universal heirs her two children, and that is the applicants Paolo Curmi and his sister Josephine Ghirxi; 

Thus, the applicants between them have the largest number of shares of the property above mentioned, and this because between them they have four fifths (4/5) and six sevenths of one fifth (6/7 of 1/5), as described in detail in the statment attached and marked as Doc. PC3;

With respect to the remaining share of one seventh of the one fifth (1/7 of 1/5), in terms of the contract dated 30th May, 1943, in the records of Notary Giovanni Vella above mentioned, this belonged to the heirs of Salvatore Spiteri, who at the time of the contract they were still minors, and so their share was never transferred;

The applicants have been in a state of co-ownership for more than three (3) years, and as far as they know there are no proceedings before any courts or tribunals for the division of the premises in question kept in common;

The applicants who are the largest co-owners agreed to sell the said property and have in fact found its sale against the price of €195,000 and eventually signed the promise of sale before Notary Dr Mario Bugeja on the 21st November, 2017, by means of which they agreed to sell the premises to Ivan Sciberras who on his part obliged himself to acquire the premises for the price above mentioned, and as subject to the terms and conditions mentioned in the promise of sale; 

The price agreed for the sale of the premises de quo is just and reflects the value of the market, and this as it results from the declaration of the Architect David Mifsud Parker;

It follows that the unknown owner or owners of the remaining undivided share of one seventh of one fifth (1/7 of 1/15) of the premises 4 and 5 of Sqaq il-Bandolier, Żejtun will not be prejudiced with the sale of the premises de quo;

There is no valid reason at law why this Honourable Court should not order and authorise the sale of all the premises for the price mentioned;

The facts are known personally by the applicants;

Thus, this law suit had to be made.

Thus, and for the reasons above mentioned, the respondents are to state why this Honourable Court should not:

1. Authorise the sale of the premises number 4 and 5 previously numbered 12, Sqaq il-Bandolier, Żejtun, with all its rights and appurtenances to Ivan Sciberras, and this for the price and under all the terms and conditions indicated in the promise of sale signed on the 21st November, 2017, before Notary Dr Mario Bugeja, and this in terms of Article 495A of Cap. 16 of the Laws of Malta and other relevant dispositions of the same Cap. 16;

2. Appoint Notary Dr Mario Bugeja, who drew up the promise of sale such that he establishes a date, time and place so that the final deed will be published between all the parties abovementioned;

3. Appoint deputy curators to represent the unknown owner or owners of the remaining unknown share in the quota of one seventh of one fifth undivided share of the premises 4 and 5, Sqaq il-Bandolier, Żejtun, who fail to appear on the final deed of sale.

The application number 335/2018SM in the names Paolo Curmi pro et noe vs deputy curators is postponed to the 16th October, 2018, at 9.00a.m. before Judge Silvio Meli LLD.

Notification:

Applicant nomine: Paolo Curmi, 108, Casa Curmi, Triq il-Qadi, Żejtun

Deputy curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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. Madam Justice Jacqueline Padovani Grima, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 14th May, 2018, following a request by Dr Michael Camilleri noe it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 887/2018 in the names Dr Michael Camilleri noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent, filed in the First Hall of the Civil Court, in the names Advocate Doctor Michael Camilleri, son of Judge Gino Camilleri and Patricia née Boland, born in St Julians and residing in Ħal Balzan (ID 100177M) as special mandatory of:

Andrew David Schwarz, son of John Heller Schwarz and Rhoda Schwarz née Greenberg born in New York City, in the State of New York, in the United States of America residing in Lafayette, California, in the United States of America holding United States of America passport number 459808089 and Carolyn Heller Schwarz, daughter of John Heller Schwarz and Rhoda Schwarz née Greenberg, born in New York City, in the state of New York in the United States of America residing in Austin, Texas, California, in the United States of America holding United States of America passport number 512558628.

As heirs of Donald Arthur Schwarz, son of Arthur Donad Schwarz and Carolyn Marx Heller, born in Dover, in New Jersey, in the United States of America and died in Munich, Bavaria, Germany vs deputy curators to represent the unknown owners of the premises 71, Apartment 5, Potters Court, Vjal Paceville, St Julians, Malta, on 11th May, 2018, the applicant Dr Michael Camilleri noe respectfully requested:

That by means of a contract in the records of Notary Patrick Critien, dated 16th May, 1991, which contract is attached and marked as Dok A, Donald Schwarz bought from a certain Daniel Debono, the premises described as “flat internally numbered five (5) at second floor level of the block of nine flats named “Potters Court” and externally numbered 71 in Paceville Avenue, Paceville, Saint Julians together with one-ninth undivided part of the common areas of the block as well as a small washroom on the roof also bearing the number five (5)” and as subject to the annual and perpetual subgroundrent of Lm7.77,5 equivelent to €18.11;

Donald Schwarz left a will dated 4th October, 1999, in the records of Notary Richard Vella Laurenti where inter alia, he left as his heirs his nephews and nieces Carolyn Heller Schwarz and Andrew David Schwarz. Donald Schwarz died on the 21st September, 2016, in Munich, Germany. So, Carolyn Heller Schwarz and Andrew David Schwarz inherited the premises with address 71, Apartment number 5, Potters Court, Vjal Paceville, St Julians.

Thus, the applicants are calling upon this Honourable Court and under its authority deposit the sum of €108.66 representing five years arrears of groundrent and one year of laudemium due so that this amount may be freely withdrawn after leaving the relative receipt according to law;

The applicants want to prevail themselves from the option given to them by means of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem this same groundrent in terms of the same law;

The subgroundrent of €18.11, capitalised at the rate of 5% amounts to €362.20.

Thus, the applicants are calling upon this Honourable Court and under its authority deposit the total amount of €470.36 and that is €108.66 representing five years arrears groundrent and one year laudemium together with €362.20 the cost of the redemption of the said groundrent, which amount may be freely withdrawn by anyone who has a right to it according to law after leaving the relative receipt according to law.

Depositors: 103, Palazzo Stiges, Triq id-Dejqa,Valletta

Deputy curators: Law Courts, Valletta

Notification: Director of Public Registry, Valletta

You are therefore ordered to affix an official copy of these banns 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 JusticeToni Abela, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 23rd July, 2018, following a request by HSBC Bank plc it was ordered that deputy curators be chosen to represent the absent David Wayne Mattingly in the records of the garnishee order number 1177/2018 in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a Garnishee Order, filed on 19th July, 2018, in the First Hall of the Civil Court, in the names HSBC Bank Malta plc (C 3177) vs deputy curators to represent David Wayne Mattingly (American passport number 210145923) absent from Malta, the applicant HSBC Bank Malta plc (C 3177) respectfully requested that:

That this Court orders the issue of a garnishee order to be executed on the garnishee or garnishees as hereinafter mentioned against the debtor for the debt herein mentioned and for the costs of this procedure, as security for the debt hereinafter indicated:

Debt:

Principal Sum: €143,337.50

Interest: €42,505.58

Costs: Reserved

Title: The amount represents the balance due to the creditor bank till the 15th June, 2018, with respect to a loan given to the debtor Mattingly by HSBC Bank Malta Ltd according to the deed of loan in the records of Notary Peter Fleri Soler of the 20th March, 2009, which claim the bank is putting forward in a Sworn Application filed together with this application in the names above mentioned (a copy of the application is being attached and marked as Doc. A).

Garnishees:

1) Bank of Valletta plc

2) APS Bank Ltd

3) Lombard Bank (Malta) plc

4) Transport Malta

5) Banif Bank (Malta) plc

6) Reġistratur tal-Qrati

7) Malta Stock Exchange

8) HSBC Life Assurance (Malta) Ltd

9) Valletta Fund Management Ltd

10) Middlesea Insurance plc

11) Middlese Valletta Life Assurance Company Ltd

12) HSBC Bank Malta plc

Applicant bank: 32, Triq il-Merkanti, Valletta

Deputy curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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 Chief Justice S.T.O. Joseph Azzopardi, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 31st July, 2018, following a request by HSBC Bank plc it was ordered that deputy curators be chosen to represent the absent David Wayne Mattingly in the records of the application number 763/2018AF in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed on 19 July, 2018, in the First Hall of the Civil Court in the names HSBC Bank Malta plc (C 3177) vs deputy curators to represent the absent David Wayne Mattingly (American passport number 210145923), the applicant HSBC Bank Malta plc (C 3177) respectfully requested and Dr Ralph Agius Fernandez (ID 565688M) confirmed on oath that:

The applicant bank gave the respondent a loan facility by means of a public deed in the records of Notary Peter Fleri Soler dated 20th March, 2009, after the sanction letter issued by the same applicant bank, dated 13th March, 2009 (copy of deed and sanction letter are here attached and marked respectively Doc. RAF1 and RAF 2;

The balance that the respondent has to pay is that of €143,337.59, respresenting the capital, and also the amount of €42,505.58 representing the interests which accrued till the 15th June, 2018, and this as it results from the attached statement of account marked as Doc. RAF3;

That the respondent has to pay the applicant bank, the total amount of €185,843.17 representing capital and the interests accrued till the 15th June, 2018, and this reserving for the legal interests due from the 16th June, 2018, till the date of effective payment;

Althought the interpellant was solicited by the applicant bank, by means of a judicial letter dated 9th February, 2016 (Doc. RAF 4) he remained in default, and accordingly he lost the benefit of time;

So, this law suit had to be made;

Thus, for the reasons above mentioned, the respondent is to state, why this Honourable Court should not, subject to any necessary declaration it may deem fit to impose:

1. Declare, subject to any necessary declaration, that the respondent had to give the applicant bank the sum of €185,843.17, representing the capital and interests calculated till the 15th June, 2018, and this besides the legal interest due from the 16th June, 2018, till the date of effective payment;

2. Condemn the respondent to pay the applicant bank the sum of €185,843.17 representing the capital and interest calculated till the 15th June, 2018, and this besides the legal interest due from the 16th June, 2018, till the date of effective payment.

With all costs, including the costs of the judicial letter above mentioned and of the garnishee order filed together and with legal interest accrued till the date of effective payment against the respondent who is from now summoned so that evidence to his oath be made.

Applicant bank: 32, Triq il-Merkanti, Valletta

Deputy curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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 Chief Justice S.T.O. Joseph Azzopardi, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 27th June, 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).

Hotel San Antonio Limited (C 302) of San Antonio Hotel & Spa, Triq it-Turisti, San Pawl il-Baħar, Malta, filed a Claim on the 21st May, 2018, whereby they asked the Tribunal to condemn Manuel Portelli (ID 708255M) of 13, Triq is-Saqqajja, Rabat, Malta, to pay the plaintiff company the sum of €2,159.97, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 226/18PM) is deferred on the 24th September, 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 16th May, 2018, the publication of the following extract was ordered for the purpose of effecting service on Andrei Cassar Bonaci 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 20th September, 2017, in the records of judicial letter with bills of exchange number 3425/2008 in the names United Acceptance Finance Limited (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda vs Andrei Cassar Bonaci (ID 377775M) of 17/2, Triq Toni Bajada, San Pawl il-Baħar, 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 3425/2008, the interpellant company rendered enforceable the bills of exchange amounting to €1,439.58 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 Honourable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of €1,439.58, 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 Honourable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

The case Notice Number 269/2017CFF in the names United Acceptances Finance Limited vs Andrei Cassar Bonici is postponed to the 2nd October, 2018, at 9.30a.m.

Service: 

Andrei Cassar Bonaci, 17/2, Triq Toni Bajada, San Pawl il-Baħar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 19th day of June, 2018, in the records of the Writ of Summons in the names Ignazio Gatt et vs Żakkarija Calleja, Writ of Summons 319/1970 LFS, it was ordered that service upon Żakkarija Calleja be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Ignazio Gatt et vs Żakkarija Calleja on the 2nd day of December, 2013, Ignazio Gatt et respectfully submitted:

That by means of a judgement entered on the 13th day of November, 2013, the Civil Court, First Hall partially upheld the demand to order the payment of goods sold and delivered to the defendant by ordering the defendant to pay €24,930.49 with interest running from the date of the judgement after it rejected all the pleas of the defendant;

That the appellants felt partially aggrieved by the above-given decision and are thus filing this appeal therefrom;

The grievance is clear and manifest and is as follows ... omissis ...;

So in this cause which was for the payment of a commercial credit, the entire amount should have been due while the issue of damages was the subject of a separate lawsuit in opposite names. It should be stated that here the defendant Żakkarija Calleja filed no counterclaim. And the question of damages could not be considered ‘ope exceptionis’. But it is never possible to award the same damages twice;

About interest. That the court stated that the amount was not liquid and had to liquidate it. In fact, this was not the case ... omissis ... Now the Court came to the mistaken conclusion that it was liquidating, and therefore interest starts to accrue from the date of liquidation. The procedural framework was different ... omissis ... So, the main consideration should have been that the question of damages is the subject of the cause that Żakkarija Calleja filed against the plaintiff and the credit issue stops independently of the same cause. Therefore, the full amount was due and commercial interest had to run from the date of delivery which is clearly proven;

In the entire framework of the related causes, it clearly results that Article 1047(2) of the Civil Code is applicable. Żakkarija Calleja maliciously made up the story that he suffered damages due to the fault of Ignazio Gatt, slander to business reputation. And refused to pay him ... omissis ...;

Therefore, the appellants respectfully ask this Honourable Court to reform the judgement entered by the Civil Court, First Hall on the 13th day of November, 2013, in the above-cited names by ordering the defendant to pay €28,343.46 instead of €24,930.49 ... omissis ... and by ruling that interest is payable from the date of delivery from February 1970, in the discretion of the Court Article 1047(2) of Chap. 16 of the Laws of Malta was also applicable. With the costs of both instances against the appellee.

Appellant:  

Ignazio Gatt et, 140, Triq il-Kungress Ewkaristiku, Mosta

Services:   

Żakkarija Calleja, XIWON Z1, Triq il-Baħar l-Iswed, St Julians

The Writ of Summons in the names Ignazio Gatt et vs Żakkarija Calleja was deferred for hearing to the 2nd day of October, 2018, at 9.30 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 15th day of May, 2018, in the records of the Writ of Summons in the names Robert Cachia vs Patrick Cachia, Writ of Summons 272/2014 JRM, it was ordered that service upon Raymond Coleiro be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall of the Civil Court, in the names Robert Cachia vs Patrick Cachia on the 17th day of May, 2018, the applicant Patrick Cachia respectfully requests:

The issue of a subpoena order in the abovecited cause against the person hereunder indicated to attend for the sitting at the below given time, and to bring with him the documents hereunder mentioned:

Person summoned to attend as witness: Raymond Coleiro

Address: 108, Triq San Mikiel, Fgura

Date, time and place where witness is to attend: 5th day of October, 2018, at 10.00am at the Law Courts Valletta on the second floor

Documents to be brought by the witness: (to testify on cross-examination)

Republic of Malta

An Order Made by The Judicial Assistant

To the witness whose name appears in the application

By virtue of the powers given to me by Sub-article (4) of Article 97A of Chap. 12 of the Laws of Malta ... omissis ... Dr Maria Dolores Gauci, Judicial Assistant of the Court abovementioned.

Applicant:    

Patrick Cachia, Blokk 3A, Flat 3, Triq Mimosa, San Ġwann

Services:   

Raymond Coleiro, 108, Triq San Mikiel, Fgura

The Writ of Summons in the names Robert Cachia vs Patrick Cachia was deferred for hearing to the 8th day of November, 2018, at 9.00 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 6th day of July, 2018, in the records of the Sworn Application in the names Mace Developments Ltd (C 119) vs Ramla Developments Company Ltd (C 8383), Sworn Application 125/01 GV, it was ordered that service upon Ramla Developments Company Ltd (C 8383) be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall of the Civil Court, in the names Mace Developments Ltd (C 119) vs Ramla Developments Company Ltd (C 8383) on the 23rd day of April, 2018, the Technical Expert Godwin P. Abela asked this Honourable Court for guidance on how to complete his task in view of the default of Ramla Developments Company Ltd (C 8383) as better explained in the abovementioned Application.

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 27th day of April, 2018, in the records of the abovementioned Sworn Application in the names Mace Developments Ltd (C 119) vs Ramla Developments Company Ltd (C 8383), Sworn Application 125/01 GV, it was ordered that the abovegiven Application be served upon the parties who shall have seven days from the date of service to file their replies. 

Applicant:  

Technical Expert Godwin P. Abela

Services:   

Ramla Developments Company Ltd (C 8383), Ramla Lodge, Triq il-Qaliet c/w Triq il-Gardiel, St Thomas Bay, Marsaskala

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 5th day of June, 2018, in the records of the Sworn Application in the names Robert Crossey (ID 339106L) et vs Talal Naser Talal El Abdullah (ID 117009L), Sworn Application 268/2018 A, it was ordered that service upon Talal Naser Talal El Abdullah (ID 117009L) be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall of the Civil Court, in the names Robert Crossey (ID 339106L) et vs Talal Naser Talal El Abdullah (ID 117009L) on the 23rd day of March, 2018, the applicants Robert Crossey (ID 339106L) et asked this Hounourable Court to:

1. Declare and hold that the opening and the window in the dividing wall is illegal and abusive, and violates the rights of the applicants; 

2. Declare and hold that the dividing wall as constructed is abusive and illegal, and violates the rights of the applicants; 

3. Order the respondent to, within a short and peremptory period of time fixed by this Honourable Court, carry out all the necessary works to close the opening and the window in the dividing wall and carry out all the necessary works to construct the dividing wall in the manner required by the law, if necessary under the direction of court-appointed experts, and 

4. Authorise the applicants to, in default, carry out the said works themselves at the expense of the respondent and under the direction of court-appointed experts.

With court costs against the respondent as of now summoned so that a reference to his oath be made. Every further action against the said respondent is expressly reserved.

Applicants:    

Robert Crossey (ID 339106L) et, 76, Dar il-Bir, Triq tal-Virtù, Rabat, Malta

Services:

Talal Naser Talal El Abdullah (ID 117009L), Apt 4, St George’s Flats, Triq il-Għajn, Swieqi

The Sworn Application in the names Robert Crossey (ID 339106L) et vs Talal Naser Talal El Abdullah (ID 117009L) was deferred for hearing to the 30th day of October, 2018, at 9.30 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD

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 19th day of February, 2018, in the records of the Application of Appeal in the names Kenneth Pullicino (ID 497571M) vs Ramon Anastasi (ID 580485M) et, Application of Appeal number 110/2012 AE, it was ordered that service upon Market Handle Limited (C 49546) be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Inferior Jurisdiction), in the names Kenneth Pullicino (ID 497571M) vs Ramon Anastasi (ID 580485M) et on the 12th day of May, 2017, Ramon Anastasi (ID 580485M) respectfully submitted:

That by means of a Notice, the appellee claimed as stated in the abovementioned Application of Appeal; 

That in his reply, the appellant Ramon Anastasi pleaded as given in the said Application of Appeal;

That by means of a decree entered by this Honourable Court on the 22nd day of February, 2013, the company Market Handle Limited was brought into the lawsuit, which company pleaded as reproduced in the aforementioned Application of Appeal;

That by means of a judgement entered by the Court of Magistrates of Malta on the 24th day of April, 2017, in the abovegiven names, the Court ruled as given in the said Application of Appeal;

That the aforementioned Application of Appeal briefly narrates the facts of the present case; 

That the appellant felt aggrieved by the above-cited judgement of the 24th day of April, 2017, and is hereby filing this appeal therefrom;

That the grievances of the appellant are clear and manifest and are as follows: (1) That the first grievance concerns the fact that the Court of First Instance held that the appellant is the legitimate defendant ... omissis ... That no legal and contractual relationship exists between the appellant and the appellee, and thus no payment is due with regards to the appellant. But on the contrary, there exists a legal and contractual relationship between the appellee and the third-party defendant, since the orders of merchandise were made in the name of Market Handle Limited which supplies were intended for its showroom in Birkirkara, and that the said Market Handle Limited issued cheques to pay the appellee for the said merchandise (supplied to it). That therefore, the appellant argues that he should be nonsuited, that this Honourable Court should cancel and revoke the decision of the Court of First Instance and that therefore the appellant should not be ordered to pay any money to the appellee, and this without prejudice to the fact that in any case the claims of the appellee are time-barred in terms of Article 2148(b) of Chap. 16 of the Laws of Malta; (2) That the second grievance of the appellant concerns the fact that the Court of First Instance rejected the plea of the appellant that the orders of merchandise used to be made in the name of Market Handle Limited from which the merchandise intended for the showroom of the said Market Handle Limited in Birkirkara was supplied, which company made payments to the appellee for the same merchandise ... omissis ...; (3) That the third grievance of the appellant is intrinsically linked to the first and second grievances, and concerns the fact that the Court of First Instance rejected the plea of the appellant and id est once the appellant is not the legitimate defendant, once the orders of merchandise used to be made in the name of Market Handle Limited from which the merchandise intended for the showroom of the said Market Handle Limited was supplied, and once the company Market Handle Limited was brought into the lawsuit, then the appellant must not be ordered to pay any amount to the appellee ... omissis ...; (4) That the fourth grievance of the appellant concerns the refusal of the Court of Magistrates of Malta to uphold the pleas of prescription in terms of Article 2148(b) of Chap. 16 of the Laws of Malta, id est since the eighteen months required by the said article elapsed ... omissis ... That therefore, the appellant argues that the prescription applicable to this cause is governed by Article 2148(b) of Chap. 16, and id est the prescription applicable to sale by retail, and that therefore the action is time-barred, and (5) That the fifth grievance of the appellant consists in the fact that the Court of First Instance upheld the claim of the appellee with costs and ordered the appellant and the company Market Handle Limited in solidum to between them pay to the appellee Kenneth Pullicino the sum of €10,689.45 representing the price of merchandise ... omissis ....

Therefore, for the foregoing reasons, the appellant, whilst referring to all the records of the cause and reserving to adduce further evidence and make further submissions as necessary and permitted by law at this stage, respectfully asks this Honourable Court of Appeal to uphold this appeal by upholding the grievances raised and consequently to reform the judgement entered by the Court of Magistrates (Malta) on the 24th day of April, 2017, in the abovegiven names, wherein it rejected the pleas of the appellant Ramon Anastasi, and instead move to uphold all the pleas of the appellant and reject all the claims of the appellee.

With the costs of both instances against the appellee.

Appellant:    

Ramon Anastasi (ID 580485M)

Services:   

Market Handle Limited (C 49546), Market Handle Building, Triq GF Agius de Soldanis, Birkirkara

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 8th August, 2018, following a request by Romina Falzon it was ordered that deputy curators be chosen to represent the absent Ali Abdalla Al Hussein, in the Divorce Application 347/2018AGV in the names Romina Falzon vs deputy curators and in all other relative and subsequent acts.

By means of a Divorce application, filed in the Civil Court (Family Section), in the names Romina Falzon (ID 92583M) vs deputy curators to represent the absent Ali Abdalla Al Hussein (ID 25877A), on 31st July, 2018, the applicant Romina Falzon (ID92583M) requested that:

The parties got married on the 19th February, 2003. From this marriage they didn’t have any children and this according to clause number 4 subclause (i) in the separation contract and this as it was declared that the minor although born during the marriage is not the natural child of the respondent;

The parties legally seperated by a deed in the records of Notary Ann Marie Agius that was published on the 13th July, 2009;

Because the minor is not the natural child of the respondent there is no maintenance due to the applicant for the minor and this according to clause 4 subclause (ii) of the separation deed. In addition, there is no maintenance obligation towards the applicant and not even towards the respondence as there was a reciprocal declaration that neither party requires maintenance from the other and this in terms of clause 4 of the separation deed.

Presently the parties live apart from each other and the applicant does not know where the respondent presently is residing. The applicant does not want to reconciliate with him. Thus there is no reasonable prospect for reconciliation between them;

The applicant knows these facts personally and this according to her affidavit;

The facts above mentioned satisfy the conditions needed to obtain a divorce in terms of Article 66B of the Civil Code, Cap. 16 of the Laws of Malta;

Thus the applicant humbly requests this Honourable Court to:

1.  Pronounce the dissolution of the marriage between the parties;

2. Order the Registrar of the Court so that within the time given by the Court, he notifies the Director of Public Registry of the dissolution of the marriage of the parties and to take the necessary measures so that the divorce decree is registered at the Public Registry.

With costs

Applicant: 

Romina Falzon, Blk 5, Door 5, Flat 5, Misraħ Lewża, San Ġwann

Notification: Deputy curators, Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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), abovementioned, with the witness of the Hon. Mr Justice G. Caruana Demajo LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals