Court Notices published in Govt. Gazette No. 20,137 of 15th February 2019

By a decree of the Small Claims Tribunal of 11th 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).

AC Fuels Limited (C 60673) ta’ c/o Alfaran, Ħal Far Road, Ħal Far l/o Birżebbuġa, filed a Claim on the 5th June, 2018, whereby they asked the Tribunal to condemn Petroplus Limited ta’ Office 5B, Level 8, Portomaso Business Tower, Portomaso Avenue, St Julians, to pay the plaintiff company the sum of €1394.32, which amount is due to the plaintiff company.

With costs and interest

The case (Claim number 250/18CZ) is deferred on the 20th February, 2019, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 11th January, 2019, following a request of John Mary Vella, it was ordered that deputy curators be chosen to represent the absent Mary Lommicki, Josephine Camilleri, Nazzarena Vella, Therese Vella, Raymond Vella and Carmen Vella qua heirs of Salvatore Vella and the appointment of Deputy Curators to represent other heirs of Salvatore Vella, in the records of the Sworn Application, in the names John Mary Vella vs Deputy Curatyors, Sworn Application number 58/2015 LM, and in the other relative and subsequent acts.

By means of an Application, filed in the First Hall Civil Court, Sworn Application Number 58/15 LM, in the names John Mary Vella (ID 472452M) vs Deputy Curators to represent the absent heirs of Salvatore Vella, on the 7th December, 2018, the applicant John Mary Vella (ID 472452M) respectfully pleaded:

1. That from searches made by the applicant it appears that the presumed heirs of Salvatore Vella are the following:

i. Mary Lommicki, residing 19, Semic Circuit, Crane Brook, 2749, Australia

ii. Josephine Camilleri, residing 296, St Mary’s Road, Berkshire Park 2765, Australia

iii. Nazzarena Vella, residing 296, St Mary’s Road, Berkshire Park 2765, Australia

iv. Therese Vella, residing 450, Bents Basin Road, Wallacia 2745, Australia

v. Raymond Vella, residing 296, St Mary’s Road, Berkshire Park, 2765, Australia

vi. Carmen Vella, residing 62, Stoney Creek Road, Shames Park, Australia

2. That the applicant does not know whether this list is definitive of all the heirs of Salvatore Vella.

3. That thus it is necessary that a correction be made in the heading of the cause and in all the records of this cause in the sense that instead of the actual heading of the cause, it is to read as follows:

John Mary Vella

(ID 472452M)

vs

Deputy Curators in order to represent the absent Mary Lommicki, Josephine Camilleri, Nazzarena Vella, Theresa Vella, Raymond Vella and Carmen Vella qua heirs of Salvatore Vella and Deputy Curators to represent the other unknown heirs of Salvatore Vella.

Thus the interpellant in view of the premised humbly prays that this Honourable Court authorise the correction in the heading of the cause in the sense that the heading of this cause shall read as above demanded.

Applicant: Jimjo House, Triq l-Għerien, Il-Ħida, Mellieħa

 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, 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. Madam Justice Miriam Hayman, 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 (Family Section) on the 31st January, 2019, in the records of the Sworn Application in the names Vella Sharmain Joan vs Micallef Clive, Application Number 280/18 JPG, the following publication was ordered for the purpose of service of the respondent Clive Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Sharmain Joan Vella (ID 0306891M) vs Clive Micallef (ID 457475M) on the 31st October, 2018, the applicant Sharmain Joan Vella (ID 0306891M) respectfully pleaded:

That the applicant and the respondent had an extra marital relationship between them and from that relationship they had a common offspring or rather minor daughter with the name … omissis … who was born on the 4th June, 2006.

That the relationship betwen the parties irremediably broke down and the parties did not live together for these last years.

… omissis …

That in the light of the above circumstances, the applicant is of the humble opinion that in the best interests of the minor, the care and custody of the minor be entrusted exclusively to her.

That in view of that above premised, the applicant asked the respondent to state why this Honourable Court, saving every declaration or provision which is necessary and opportune, should not:

1. Entrust the care and custody of the minor exclusively to the applicant as demanded in the application;

2. There be fixed the adequate maintenance payable in monthly rates by the respondent to the applicant for the minor and how the other expenses of the minor are to be paid;

3. Order the respondent to pay the applicant the amount of monthly maintenance as established by the Court.

With costs against the defendant summoned so that a reference to his evidence be made

The Sworn Application in the names Vella Sharmain Joan vs Micallef Clive, Application Number 280/18 JPG, has been deferred for hearing to Monday, 11th March, 2019, at 11.45 a.m.

Applicant: Binja Miżieb, Blk B, Flt 3, Triq Mons. Ġużepp Schembri, Mellieħa

Defendant: Rosewall, Flt 2, Triq il-Karmelitani, Santa Venera

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts anfd Tribunals

By decree given by the Civil Court, First Hall on the 11th February, 2019, on the application of HSBC Bank Malta plc (C 3177), Thursday, 28th March, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction to be held in room numbered 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartment without name and official number marked number one (1) found on the left side on the  first floor of a block unofficially named Cottonera Flats. The block overlays a common entrance in a block of six apartments and a penthouse in Triq Wiġi Rosato, Bormla. The property is free and unencumbered and includes one sixth (1/6) of the undivided shares of the roof and common washroom excluding the penthouse, and also one seventh (1/7) of the common parts that include an entrance, stairs to the roof, the lift, the lift shaft and the drainage system. This property is subject to enjoyment from internal servitudes due to its relative position. The block of apartments and the apartment side to the West with Triq Wigi Rosato, East to Triq il-Kunċizzjoni and South with third party property or any other correct boundaries. The property is valued at one hundred and fifty thousand euro (€150,000).

Apartment without name and official number marked number two (2) found on the right side on the first floor of a block unofficially named Cottonera Flats. The block overlays a common entrance in a block of six apartments and a penthouse in Triq Wiġi Rosato, Bormla. The property is free and unencumbered and includes one sixth (1/6) of the undivided shares of the roof and common washroom excluding the penthouse, and also one seventh (1/7) of the commom parts that include an entrance, stairs to the roof, the lift, the lift shaft and the drainage system. This property is subject to enjoyment from internal servitudes due to its relative position. The block of apartments and the apartment side to the West with Triq Wiġi Rosato, East to Triq il-Kunċizzjoni and South with third party property or any other correct boundaries. The property is valued at one hundred and thirty thousand euro (€130,000).

The said tenement is the property of Small Properties Limited (C 29977).

N.B. The said tenement will be sold as described in the acts of judicial sales number 20/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 25th January, 2019, on the application of Simonds Farsons Cisk plc (C 113), Wednesday, 20th March, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held at 55, JJ Boatyard, Ta’ Għadmija, Mqabba of the following items seized from the property of Micallef Joseph (ID 179863M) and Micallef Maria Rosaria (ID 313167M).

Van Transit with registration number ABR687

N.B The said van will be sold as described in the acts of judicial sales file number 3/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd November, 2018, on the application of Michael Attard Limited (C 32362), Wednesday, 13th March, 2019, at noon (12.00 p.m.) has been fixed for the sale by auction to be held in room numbered 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of Buhagiar Raymond and Philomena.

Various jewellery objects as described in the valuation done by the appraiser Renato Zampa

N.B. The said objects will be sold as described in the acts of the file number 35/2014 and as per the valuation of the appraiser Renato Zampa.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Courts (Family Section) on the 1st February, 2019, in the records of the Application in the names Tiscio Roberto vs Tiscio Lia Rebecca, Application Number 550/18 JPG, the following publication was ordered for the purpose of service of the respondent Rebecca Tiscio Lia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Civil Court (Family Section) in the names Roberto Tiscio (ID 28907A) vs Rebecca Tiscio Lia (ID 108383M) on the 11th December, 2018, the applicant Roberto Tiscio (ID 28907A) respectfully asked this Honourable Court:

1. To declare the divorce and dissolution of the marriage celebrated between the parties on the 3rd December, 2006, in terms of Article 66D(2) of Cap. 16 of the Laws of Malta and uphold the other demands in the application.

The Application in the names Tiscio Roberto vs Tiscio Lia Rebecca, Application number 550/18 JPG, has been deferred for hearing to Wednesday, 13th March, 2019, at 9.30 a.m.

Notify respondent: Mardor, Triq l-Imdina, Ħal Balzan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 8th January, 2019, in the records of the Sworn Application in the names Fenech Peter Av. vs Express Logigroup Ltd (C 58205), Application number 1064/18 TA, the following publication was ordered for the purpose of service of the company Express Logigroup Ltd (C 58205) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names Av. Peter Fenech as special mandatary of the company GoldService s.r.l. vs Express Logigropup Ltd (C 58205) on the 26th October, 2018, the applicant Av. Peter Fenech as special mandatary of the company Gold Service s.r.l. asked this Honourable Court:

1. To decide the cause without proceeding to a hearing in terms of Art. 167 of Cap. 12 of the Laws of Malta.

2. Declare the applicant creditor of the respondent company Express Logigroup Ltd, for the sum of twenty-seven thousand, three hundred twenty-eight euro and forty cents (€27,328.40) representing balance of a total sum from the transport services for merchandise given by the applicant company to the respondent company besides interest till the effective payment.

With costs and further legal interest against the respondent from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Fenech Peter Av. vs Express Logigroup Ltd (C 58205), Application Number 1064/18 TA, has been deferred for hearing to the 26th February, 2019, at 12.00 p.m.

Applicant: Iuris Advocate, Triq l-Arċisqof, Valletta

Respondent: Level 4, Airways House, Triq il-Kbira, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code, issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

Application number: 84/2018

Application in terms of article 495A of the Civil Code

Saviour known as Alvin Scicluna (ID 6664G) and Paul Scicluna (ID 17498G) Madonna tal-Grazzja, Triq San Pawl, Munxar, Gozo

vs

Anthony Scicluna (ID 15269G) 63, Triq il-Munxar, Munxar, Gozo

Application of Saviour known as Alvin Scicluna et.

Respectfully submit and the said Saviour known as Alvin Scicluna confirms on oath:

1. That this application concerns a portion of land measuing approximately five hundred and thirty-four square metres (534sq.m.) adjoining with property of Saviour Scicluna on the South, West with a passage and East with property of Josephine Muscat.

2. All the parties, apart from Paul Scicluna, are co-owners of the said portion of land and that is the land measuring approximately five hundred thirty-four square metres (534 sq.m.), bound on the South with property belonging to Saviour Scicluna, West with a passage and East with property belonging to Josephine Muscat.

3. The applicant Saviour known as Alvin Scicluna is owner of five sixths (5/6) undivided share of that property, whereas the respondent is owner of the remaining one sixth (1/6) undivided share.

4. The property in question was originally deriving in part from the inheritance and succession of Ġużeppi Scicluna who died on the twenty-ninth (29th) of January of the year one thousand nine hundred and ninety-two (1992) and the remaining part by virtue of a contract of donation in the acts of Notary Dr Kristen Dimech of the twenty-second (22nd) of August of the year two thousand and eight (2008).

5. Ġużepp Scicluna regulated his inheritance and succession by virtue of a will dated the twenty-seventh (27th) of January of the year one thousand nine hundred and eighty-nine (1989) in the acts of Notary Paul George Pisani.

6. According to the said will the decujus Ġużeppi Scicluna appointed the parties (apart from Paul Scicluna) and the predecessors in title of Saviour Scicluna who transferred by virtue of a contract of donation dated the twenty-second (22nd) of August of the year two thousand and eight (2008), as his universal heir.

7. The applicant Saviour known as Alvin Scicluna entered into a promise of sale with the applicant Paul Scicluna dated the twenty-seventh (27th) of August of the year two thousand and eighteen (2018) by virtue of which he is selling this portion of land measuring approximately five hundred and thirty-four square metres (534sq.m.), adjoining with property on the South belonging to Saviour Scicluna, West with a passage and East with property of Josephine Muscat, for the sum of ninety euro (€90,000).

8. The respondent Anthony Scicluna without any valid legal reason is refusing to appear for the deed of sale.

9. The applicants believe that this price is fair and just and the respondent will not suffer any prejudice following this transfer since it appears that his only intention is to hinder and stop his brother Saviour known as Alvin Scicluna from the possibility of selling this property.

10. This application is being confirmed on oath by Saviour known as Alvin Scicluna who knows the facts personally.

Applicants therefore respectfully request this Honourable Court, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chapter XXVI:

1. Declares the price that is value of the proposed transfer of the applicant’s share Saviour known as Alvin Scicluna to the applicant Paul Scicluna is fair and just and the same value and conditions should apply for the share belonging to the respondent from the said premises, that is one sixth (1/6) undivided share, and in the case of the respondent the value of his share is to be paid in full on the publication of the deed of transfer.

2. Approves the proposed sale and transfer and orders the publication of the deed of sale in respect of the share belonging to the respondent on such day, time and place which are fixed for this purpose and appoints a Maltese Notary Public to publish the necessary deed of sale with the intervention of deputy curators to represent the eventual defaulters on the act.

With all costs to be borne by respondent who is being subpoenaed as from today.

The case is being adjourned for hearing for the sitting of the 21st of March, 2019, at 9.00 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 19th September, 2018, following a request of Anthony Scerri et, it was ordered that deputy curators be chosen to represent Annunziato sive Lany Calleja and Rose Vassallo correction authorised by a decree of the 2nd October, 2018, as heir of Paul Vassallo, and the unknown heirs of Alfred Calleja, in the records of the Schedule in the names Anthony Scerri et vs Deputy Curators, schedule number 1555/2018, and in the other relative and subsequent acts.

By means of a Schedule of Deposit and contextual redemption of groundrent of Anthony and Sandra spouses Scerri, presented in the First Hall Civil Court, in the names Anthony Scerri, son of Anthony and Mary née Grech, born in Ħal Qormi (ID 687951M) and his wife Sandra Lynette Scerri, daughter of Gordon Carter and Joan née Cooker, born in New Guinea (ID 0378801L), both residing at 46, Tambaran, Triq il-Mediterran, San Ġwann, vs Deputy Curators to represent 1. Annunzjato sive Lany Calleja 2. Rose Vassallo and 3. the unknown heirs of Alfred Calleja to receive the groundrent above indicated and this in terms of Article 1501 of Cap. 16 of the Laws of Malta, on the 27th August, 2018, the interpellants respectfully pleaded:

That by means of a contract in the records of Notary John Patyrick Hayman, of the 6th February, 2001, the interpellants acquired the house, terraced house, without number, which bears the name ‘Lion’s Den’, and the underlying apartment with the name ‘Taz’ which forms an integral part of the said house in Triq il-Mediterran, Saint Julian’s, as better described in the said contract ‘the property’, and subject to the rate of annual and perpetual groundrent of one hundred and sixteen euro and forty-seven cents (€116.47) (contract and plan annexed Doc. A and Doc. B).

That by means of a contract in the records of Notary John Spiteri Maempel, of the 2nd of September, 1968 (Doc. C) Annunziato Calleja for one fourth undivided share, Paul Vassallo for one fourth undivided share and Alfred Calleja for one half undivided share, sold and transferred a portion of the land on which the property is built subject to the annual and perpetual subgroundrent.

That the groundrent due to the respondents is of thirty-one euro and fifty-six cents (€31.56) due as for 25% to Annunziato Calleja, 25% to Paul Vassallo and 50% to Alfred Calleja.

That the interpellants wish to avail themselves of the faculty given to them by Article 1501 of Cap. 16 of the Laws of Malta and redeem this groundrent of €31.56 by depositing the sum of €631.20 value of the annual and perpetual subgroundrent and groundrent in order to be freely given to the respondents in the portions mentioned after the due receipt according to law is left.

Services: 

1. Deputy Curators, Courts of Justice, Valletta

 2. Director Public Registry (two 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 wishes 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 Noel Cuschieri, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals