Court Notices published in Govt. Gazette No. 20,108 of 21st December 2018

By decree given by the Civil Court, First Hall on Tuesday, 9th October, 2018, on the application of APS Bank Limited (C 2192), Tuesday, 22nd January, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the sale of auction to be held on the First Floor of the Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Tenement officially numbered nineteen (19) named “San Domenico”, in Triq l-Isptar l-Antik, Valletta, with its overlying airspace, free and unencumbered, with all its rights and enjoyments, valued at six hundred and eighty-five thousand euro (€685,000).

The said tenement is the property of Olena known as Elena Mashkova (Ukranian passport number AK061485) and by decree of the First Hall of the Civil Court dated 12th January, 2017, Dr Josette Sultana and Legal Procurator Gillian Muscat had been nominated as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales file number 49/2017.

GAETANA AQUILINA 

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 30th October, 2018, following a request of Pater Holding Company Limited, it was ordered that deputy curators be chosen to represent the unknown direct owners in the records of the Schedule in the names Pater Holding Company Limited vs Deputy Curators, Schedule number 2042/2018 and in the other relative and subsequent acts.

By means of a Schedule of Deposit and redemption of groundrent, filed in the First Hall Civil Court, in the names Pater Holding Company Limited (C 3334) which company has its registered office at 168, Pater House, Triq Psaila, Birkirkara vs Deputy Curators, appointed to represent the unknown direct owners, on the 26th October, 2018, the interpellants Pater Holding Company Limited, respectfully pleaded:

That the interpellant company acquired by means of a contract in the records of Notary Doctor Gerard Spiteri Maempel, dated 29th August, 1996, the perpetual utile dominium of the block of building without number and which is situated in Triq Salvu Psaila, Birkirkara, together with the respective airspace, which block consists in a basement, showroom at groundfloor level and two overlying floors and this as better explained in the relative contract Doc. A;

That the property de quo is subject to the annual and perpetual groundrent of €55.91;

That the interpellant company wishes to avail itself of the faculties given to it under Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and redeem all the groundrent which is burdening the property de quo;

That the amount of €55.91 capitalised at the rate of 5% amounts to one thousand, one hundred and eighteen euro and twenty cents (€1118.20) together with the sum of €279.55 which represents the arrears of these last five years, in all amounting to €1397.75 in order to be freely withdrawn by the respondents after they have proved their title in terms of Article 1501 (8) of the Civil Code Cap. 16 of the Laws of Malta.

Notify: 

Deputy Curators

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta (2 copies) 

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 wises so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Superior Court above mentioned with the witness of the Hon. Madam Justice Lorraine Schembri Orland LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 9th August, 2018, following a request of Joe Tonna (Properties) Limited, it was ordered that deputy curators be chosen to represent the unknown direct owners in the records of the Schedule in the names Joe Tonna (Properties) Limited, Schedule number 1508/2018 vs Deputy Curators and in the other relative and subsequent acts.

By means of a Schedule of Deposit and redemption of groundrent, presented in the First Hall Civil Court in the names Joe Tonna (Properties) Limited, with registration number (C 6839) and registered office 37, Dolphin House, Xemxija Hill, Xemxija, St Paul’s Bay vs Deputy Curators on behalf and in representation of the unknown direct owners of the portion of land forming part of the land tax-Xemxija in the same vicinity, in the parrochial limits of St Paul’S Bay, on the 9th August, 2018, the applicacnt Joe Tonna (Properties) Limited (C 6839) respectfully pleaded:

That the interpellant company acquired by title of annual and perpetual groundrent from the company Vica Limited, in the records of Notary Joseph Hrenry Sciriha, by means of a public deed of the 20th April, 1989, which portion of land forms part of the land of Xemxija, in the same vicinity in the parrochial limits of St Paul’s Bay, of the superficial area of circa 2,060sm, bordering on the South on a street without name, on the West with property of Grove Enterprises Limited previously of Anthony Cauchi or his successors in title, and on the East with property of Giuseppe Debono or his successors in title or more correct boundaries;

That the interpellant company declares that it does not know who is the direct owner;

That the said property is subject to the annual and perpetual groundrent of €0.12;

That the interpellant company wishes to redeem this property by availing itself of the faculty granted to it by Article 1501 of the Civil Code by depositing the sum of €5 out of which €2.40 represent the value of the groundrent capitalised at 5% and the balance arrears of groundrent in order that these be freely given to the respondent after the due receipt is left.

Notify: 

Deputy Curators, Courts of Justice, Valletta

Director Public Registry, Triq id-Dejqa, Valletta

Land Registrar, Casa Bolino, Triq il-Punent, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wises so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Superior Court above mentioned with the witness of the Hon. Mr Justice Giannino Caruana Demajo LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 29th November, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by an application filed by the Commissioner of Tax on the 18th October, 2018, is asking for the withdrawal of €8406 by the Commissioner of Tax deposited by the schedule of deposit 1380/2018 in the names of:

Kummissarju tat-Taxxi vs Veronica Gauci (ID 312162M) personally and as a Director and in representation of the society Uranus Company Limited (C 6772).

The Court ordered the notification of the application with a ten (10) day period to reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 10th September, 2018, following a request of Mizzi Associated Enterprises Limited, it was ordered that deputy curators be chosen to represent Dr Anne Laure Marie Jeanne, in the records of the application in the names Mizzi Associated Enterprises Limited vs Deputy Curators, Application Number 887/2018 RM, and in the other relative and subsequent acts.

By means of an Application filed in the First Hall Civil Court, in the records of the Application in the names Mizzi Associated Enterprises Limited (C 1372) vs Dr Anne Laure Marie Jeanne known as Sasha Gicquel, identity card 0028510A, on the 4th September, 2018, the applicant company Mizzi Associated Enterprises Limited (C 12372) respectfully pleaded:

That although it results that the defendant has a Maltese identity card in virtue of which she has residence in Swieqi, the applicant company is aware of the fact that the defendant resides in Canada.

Thus, in terms of Article 931(3) of the Code of Organisation and Civil Procedure, the applicant respectfully prays that this Honourable Court order that a copy of the banns together with a copy of the sworn application be published in the Government Gazette and in two daily newspapers.

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 wises so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Superior Court abovementioned with the witness of the Hon. Mr Justice Noel Cuschieri LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 9th August, 2018, following a request of Emanuel Spiteri et, it was ordered that deputy curators be chosen to represent the unknown occupants in the records of the Judicial Letter in the names Emanuel Spiteri et vs Deputy Curators, Letter number 2796/2018, and in the other relative and subsequent acts.

By means of a Judicial Letter filed in the First Hall Civil Court, on the 7th August, 2018, to 1. Gaetano Borg (ID 711149M) 2. Carmelo Focà (ID 0462371M) 3. Advocate Dr ............. and L.P. ........... as Deputy Curators to represent the unknown occupants of the maisonette which is found at 18, ‘Charmar’, Triq ix-Xgħajra, Ħaż-Żabbar,

Emanuel Spiteri, holder of identity card number 0764356M, and Mary Spiteri, holder of identity card number 0756556M, of 40, Id-Dura, Triq l-Għasafar, Ħamrun, formally warn you that any agreement between the parties regarding the maisonette which is found at 18, ‘Charmar’ Triq ix-Xgħajra, Ħaż-Żabbar, shall come to an end on the 15th August, 2018, and thus are calling on you so that till the 15th August, 2018, you vacate the maisonette, which is found at 18, ‘Charmar’, Triq ix-Xgħajra, Ħaż-Żabbar.

If the term granted to you shall uselessly pass, they shall have no alternative but to proceed further against you with the opportune judicial procedures and if it be the case including the necessary precautionary warrants.

So much so that you may know how to regulate yourselves and avoid further costs.

With costs and saving any further action due to the interpellant both against you and against third parties.

Interpellant:

40, Id-Dura, Triq l-Għasafar, Ħamrun

Respondents: 

1. Gaetano Borg, ‘Serenity’, 532, Riviera Del Sol, Block C, Flat 2, Triq il-Qaliet, Marsaskala

2. Carmelo Focà, ‘Soleado’, Triq Salvu Buhagiar, Marsaskala, or Auto Zone Auto Dealer, Triq Aldo Moro, Marsa

3. Deputy Curators,18, ‘Charmar’, Triq ix-Xgħajra, Ħaż-Żabbar

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 wises so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Superior Court abovementioned with the witness of the Hon. Mr Justice Giannino Caruana Demajo LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, in the records of the Warrant of Prohibitory Injunction in the names Busuttil Dolores vs Govorova Irina, Warrant of Prohibitory Injunction 1739/18 LSO, the following publication was ordered for the purpose of service of Irina Govorova, in terms of Article 187(3) et sequitur of Cap. 12. 

In the First Hall of the Civil Court

Busuttil Dolores (identity card 0130341M)

against

Irina Govorova (Russian passport 712314950)

Application of Dolores Busuttil of Block B, Flat 5, St Paul’s Bay by the Sea Street, St Paul’s Bay SPB 3300, holder of identity card 0130341M.

Stated with respect and confirmed on oath by Dolores Busuttil, holder of identity card 0130341M:

That the applicant has an interest that the rights of the applicant are protected; 

That to safeguard her rights, the applicant wants to withhold the respondent Irina Govorova, holder of Russian passport 712314950, of 11, Block B, “Saint Mary Flats”, Triq il-Ġifen, Buġibba from: 

1. Selling, removing, transferring or disposing inter vivos, whether by onerous or gratuitous title, to third parties the property consisting of the apartment internally marked with the number eleven (11), which forms part of the block marked with letter ‘B’ of the complex named “Saint Mary Flats” in Triq il-Ġifen, Buġibba, in the limits of St Paul’s Bay; 

2. In view of the urgency and imminency related with the circumstances of this case, the applicant asks with respect this honourable Court, saving any necessary and appropriate provisions, to uphold provisionally this request in terms of article 875(2) of Chap. 12 of the Laws of Malta.

That this warrant of prohibitory injunction is aimed at preventing the respondent from selling or by any other way transfer the abovementioned property for the following reasons: 

That by means of a promise of sale dated 2nd June of the year 2018, a copy of which is hereby being annexed and marked as Doc. A, the respondent undertook to sell and transfer the property consisting of the apartment internally marked with the number eleven (11), which forms part of the block marked with the letter ‘B’ of the complex named “Saint Mary Flats” in Triq il-Ġifen, Buġibba in the limits of St Paul’s Bay in accordance to the terms and conditions stipulated therein; 

That after the parties signed the promise of sale, the plaintiff proceeded to make several additional expenses which were made good personally by herself, including expenses relating to surveys and planning regularisation with the Planning Authority, while there were also researches and verifications of title which had already been done in relation to the property in question; 

That the promise of sale was about to expire on the 30th September, 2018, and despite various attempts of communication on the part of the plaintiff for the defendant to appear on the publication of the final deed, the latter refused to correspond with the plaintiff and failed to appear on the final deed and this without any valid reason at law; 

That due to the above indicated reasons, the plaintiff filed a judicial letter on the day of the 18th September of the year 2018 in terms of article 1357(2) of Chap. 16 of the laws of Malta which was notified to the defendant for the latter to honour her obligations and appear on the publication of the final deed. A copy of the judicial letter is hereby being annexed and marked as Doc. B;

That the judicial letter of 18th September of the year 2018 in terms of Article 1357(2) of Chap. 16 of the laws of Malta was also translated in the English language which is hereby being annexed and marked as Doc. C;

That in terms of article 1357(2) of Chap. 16 of the laws of Malta, in view of the judicial letter referred to above, the effect of the promise of sale has not yet lapsed; 

That this warrant is therefore required for the interests of the exponent to be protected and in fact, a sworn application in terms of article 1357(2) of Chap. 16 of the laws of Malta was contextually filed with this application for the promise of sale to be carried out as long as the respondent remains in default of her obligations assumed in terms of the indicated promise of sale.

Therefore, the applicant humbly asks this honourable Court to order the issue of the warrant of prohibitory injunction to withhold the respondent from continuing to make the above matters and from disposing from her property described above. 

Confirmed before me under oath after I read the content, and in the presence of Marbeck Spiteri, Deputy Registrar, as a witness of identity and presented by P.L. Daniel Aquilina.

Warrant of Prohibitory Injunction

Republic of Malta

To the Court Marshall

Whereas the above application was presented and there recur the necessary elements according to law for the undermentioned orders.

You are therefore on the said application hereby ordered that by delivering a copy of this warrant to the said respondent, you are to hold the respondent from carrying out the acts mentioned in the said application which are detrimental to the applicant, under the penalties contemplated by law for default;

And after doing this or upon meeting with any obstacle in the execution hereof, you shall forthwith inform this Court.

Given by the Civil Court First Hall with the evidence of the Hon. Madame Justice Lorraine Schembri Orland, Doctor of Laws.

Applicant:

Dolores Busuttil, Block B, Flat 5, St Paul’s Bay by the Sea Street, St Paul’s Bay SPB 3300

Respondent: 

Irina Govorova, 11, Block B, “Saint Mary Flats”, Triq il-Ġifen, Buġibba

Execution: 

1. Irina Govorova, 11, Block B, “Saint Mary Flats”, Triq il-Ġifen, Buġibba

2. Director Public Registry, Triq id-Dejqa, Valletta

The Application Warrant of Prohibitory Injunction in the names Busuttil Dolores vs Govorova Irina, Application number 1739/18 LSO, has been deferred for hearing to the 8th January, 2019, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 18th December, 2018, on the application of the Malta Transport Authority, Wednesday, 16th January, 2019, at noon (12.00 p.m.) has been fixed for the sale by auction to be held at Room Number 78, Level -1, near the Archives, Courts of Justice, Triq ir-Repubblika, Valletta of the following items seized from the property of the vessel M/T Turu.

Vessel M/T Turu, IMO number 8408777, offical registration number 45744-PEXT, call sign HP4694, gross tonnage of 457, net tonnage of 257, with the Panama flag, and was built in the year 1985.

N.B. The said vessel will be sold as described in the acts of judicial file number 18/18.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals