Court Notices published in Govt. Gazette No. 20,155 of 26th March 2019

By a decree of the Court of Magistrates (Malta) of the 7th February, 2019, the publication of the following extract was ordered for the purpose of service of the defendant Mario Borg in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 27th August, 2018, in the names Elmo Insurance Agency Limited as representative of the foreign company Royal & Sun Alliance Insurance plc as assignee of the rights and obligations of the foreign company Sun Alliance London Insurance plc vs Mario Borg where Elmo Insurance Limited (C 3500) formerly Elmo Insurance Agency Limited as representative of the foreign company Royal & Sun Alliance Insurance plc, assignee of the rights and obligations of the foreign company Sun Alliance London Insurance plc, which company is duly represented for the purposes of this judicial act by Advocate Doctor Alessia Zammit McKeon (ID 550283M) whereby she respectfully pleaded:

That by means of a judgement of the Small Claims Tribunal of the 29th April, 2002, in the above mentioned names the applicant company was declared creditor towards the defendant Mario Borg (Doc. A);

That the defendant Mario Borg presently has to pay the applicant company the total amount of €1,946.30, out of which €651.25 represent the principal sum, €895.83 represent the legal interest accrued from the 21st June, 2001, till the 27th August, 2018; €182.62 representing costs according to the dispositions of the judgement above mentioned (including VAT) (Doc. B) and also €216.36 the costs for the warrant of seizure dated 14th January, 2002 (Warrant of Seizure number 86/2003) (Doc. C);

Although more than ten (10) years have passed from the date of judgement, the applicant company still wishes to execute the said decision because the defendant is still in default of payment for the abovementioned amount;

According to that said in Article 258 of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta), Advocate Alessia Zammit McKeon as special mandatory of the creditor applicant company Elmo Insurance Limited, for the purposes of this act, is confirming on oath the contents and the truthfulness of the above mentioned.

Thus the applicant company humbly requests this Honourable Court to authorise it to enforce the judgement given by the Small Claims Tribunal in the names Elmo Insurance Agency Limited noe vs Mario Borg (Application Number 1071/2001PM) decided on the 29th April, 2002, in terms of Article 258 et sequitur of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta) and this according to the orders, provisions and/or directives that the same Honourable Court deems fit and opportune in the circumstances.

Applicant company: Triq Abate Rigord, Ta’ Xbiex

Service: Mario Borg, San Giovanni, Flat 1, Triq il-Ġifen, St Paul’s Bay

In the Court of Magistrates (Malta)

Magisrate: Dr Rachel Montebello BA LLD

Notice Number 198/18RM

Elmo Insurance Agency Limited 

vs

Mario Borg

The Court,

Took note of the application of the 27th August, 2018;

Noted Article 258 of Cap. 12 and Article 10(4) of Cap. 380 of the Laws of Malta;

Orders that the application be notified to the defandant Mario Borg who has twenty (20) days to reply;

… omissis …

The application is appointed for hearing for the sitting of the 4th October, 2018, which was postponed to the 28th March, 2019, at 9.00 a.m.

ALEXANDRA DEBATTISTA

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.

Sworn application in terms of Article 495A of the Civil Code (Chapter XXVI)

Application number: 16/2019 JVC

Mariano known as Mario Formosa (ID 70254 G), 47, Day Star, Triq Santa Luċija, Ta’ Kerċem, Gozo

Mary Cordina (ID 53457G), San Ġorġ, Triq Ta’ Mulejja, Fontana, Gozo

George Formosa (ID 29851G), 8, North Sunshine, Triq il-Kardinal Alessandro, Fontana, Gozo

Marvic and Manuela spouses Cordina (ID 24189G and ID 27092G respectively), Carina, Triq il-Belliegħa, Victoria, Gozo

And Karen Cordina (ID 1692G), San Ġorġ, Triq Ta’ Mulejja, Fontana, Gozo

Versus

By a decree dated 4th March, 2019, Dr Mario Scerri was appointed as deputy curator to represent the absent Gregory Jefferson Formosa, Nicholas Joseph Formosa, Andrew Francis Formosa, and Catherine Marie Formosa

Application of Mariano known as Mario Formosa et

Respectfully submit and Mary Cordina confirms on oath:

1. That this application concerns the property numbered thirty-two (32), by the name of Dar il-Hena, at Triq tal-Fanal, Għasri, Gozo.

2. That all the parties, apart from Marvic and Manuela spouses Cordina, and Karen Cordina, are co-owners of the said property numbered thirty-two (32), by the name of Dar il-Hena, at Triq tal-Fanal, Għasri, Gozo.

3. That the applicant Mary Cordina is the owner of five eighths (5/8) undivided share of that same property; applicant Mariano known as Mario Formosa and George Formosa are owners of one eighth (1/8) undivided share each, whereas the heirs of Francesco Formosa, being the absentees Gregory Jefferson Formosa, Nicholas Joseph Formosa, Andrew Francis Formosa, and Catherine Marie Formosa are owners of the remaining one eighth (1/8) undivided share.

4. That the property in question derives in part from the inheritance and succession of Rita Formosa who died on the third (3rd) of April of the year two thousand and nine (2009), and the remaining part from the inheritance and succession of George Formosa who died on the sixteenth (16th) of April of the year two thousand (2000).

5. That Rita Formosa regulated her inheritance and succession by virtue of three wills: unica carta will dated the twenty-ninth (29th) of December of the year nineteen hundred and seventy-nine (1979) in the acts of Notary Michael Refalo; public will dated the fifteenth (15th) of November of the year nineteen hundred and ninety-nine (1999) in the acts of Notary Eno Dimech; public will dated the fourth (4th) of December of the year two thousand and one (2001) in the acts of Notary Enzo Dimech.

6. That George Formosa regulated his inheritance and succession by virtue of an unica carta will dated the twenty-ninth (29th) of December of the year nineteen hundred and seventy-nine (1979) in the acts of Notary Michael Refalo.

7. That according to the said wills the decujus Rita Formosa bequeathed by title of legacy her half (1/2) undivided share to Mary Cordina, whereas the decujus George Formosa nominated his four children, being Mariano known as Mario Formosa, Mary Cordina, George Formosa, and Francesco Formosa, as his universal heirs.

8. That applicants Mariano known as Mario Formosa, Mary Cordina and George Formosa wish to sell this property and have therefore entered into a promise of sale with applicants Marvic and Manuela spouses Cordina, and Karen Cordina, dated the twenty-third (23rd) of January of the year two thousand and nineteen (2019) by virtue of which applicants Mariano known as Mario Formosa, Mary Cordina and George Formosa are selling the property numbered thirty-two (32), by the name of Dar il-Hena, at Triq tal-Fanal, Għasri, Gozo, for the sum of two hundred and thirty-five thousand euro (€235,000).

9. That respondents, heirs of the late Francesco Formosa, being the absentees Gregory Jefferson Formosa, Nicholas Joseph Formosa, Andrew Francis Formosa, and Catherine Marie Formosa, without any valid legal reason are refusing to appear for the deed of sale.

10. That applicants believe that this price is fair and just and the respondents will not suffer any prejudice following this transfer since it appears that their only intention is to hinder and stop applicants Mariano known as Mario Formosa, Mary Cordina and George Formosa from the possibility of selling this property.

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, to:

1. Declare that the price, that is the value of the proposed transfer of the applicants’ share Mariano known as Mario Formosa, Mary Cordina and George Formosa to applicants Marvic and Manuela spouses Cordina, and Karen Cordina is fair and just and that the same value and conditions should apply for the share belonging to the respondents from the said premises, that is one eighth (1/8) undivided share, and in the case of the respondents the value of their share is to be paid in full on the publication of the deed of transfer.

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

3. With all costs to be borne by respondents who are being subpoenaed as from today.

The case is being adjourned for hearing for the sitting of the 16th of April, 2019, at 10.15 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 26th November, 2018, of the Civil Court First Hall in the records of judicial letter number 1610/2016, in the names Commissioner for Revenue vs Kevin Gifford Reith, the following publication for the purpose of service on the respondent Kevin Gifford Reith was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Kevin Gifford Reith (ID 49773A) of 19, Flat 3, Maria Apts, Triq Quintinus, St Paul’s Bay

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €75,613.01 representing the amount due by you as Value Added Tax 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 and particularly, but not exclusively, in order to render the executive title which, the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th March, 2019, of the Rent Regulation Board, in the records of the Application in the names Anna Mercieca vs Sammy Azzopardi, Application Number 13/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent Sammy Azzopardi 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 Anna Mercieca (ID 855953M) and Sammy Azzopardi (ID 195584M) filed before the Rent Regulation Board on the 22nd January, 2019, the applicant Anna Mercieca (ID 855953M) requests with respect that:

The applicant is the owner of the premises 21, Triq l-Assunta, Marsa, which premises is leased to the respondent for €203 per year.

The next installment is due on the 31st March, 2019.

The respondent is not using the premises for the use for which they were leased and namely for residential purposes and in fact the premises have been abandoned for a number of years.

Thus, the applicant requests that she is authorised not to renew the lease for the next installment for the premises 21, Triq l-Assunta, Marsa and the respondent will be ordered to vacate within a short and peremptory period.

With costs

Applicant: Anna Mercieca, Begonia, Triq Wenzu Dyer, Ħamrun

Notification respondent: Sammy Azzopardi, 136, Ireland, Triq Ħal Qormi, Marsa

The application in the names Anna Mercieca vs Sammy Azzopardi, Application Number 13/2019FDP, has been postponed for hearing to the 8th April, 2019, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Architect David Psaila vs Christopher El Shoushani, Application Number 177/2018MV, the following publication was ordered for the purpose of effecting service on the respondent Christopher El Shoushani 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 Architect David Psaila (ID 705061M) vs Christopher El Shoushani (ID 0434783M) filed before the Rent Regulation Board on the 30th October, 2018, the applicant Architect David Psaila (ID 705061M) requests with respect and confirms on oath in terms of Article 16A of Cap. 69 of the Laws of Malta so that this Board:

1. Declares and decides that the respondent Christopher El Shoushani can no longer rely on the provisions of Article 12 of Cap. 158 of the Laws of Malta regarding the lease of the premises Flat 4, Plymouth Flats, Triq Testaferrata, Msida.

2. Condemns the respondent El Shoushani to vacate from the mentioned premises that is Flat 4, Plymouth Flats, Triq Testaferrata, Msida within a short and peremptory time that is fixed by this Board because he can no longer rely on the lease which he had and which has been rendered without effect in terms of Article 6 of the Constitution of Malta and the European Convention.

3. Declares and decides that the respondent is responsible to pay the rent due for occupying the premises Flat 4, Plymouth Flats, Triq Testaferrata, Msida from the 1st February, 2010, till the 27th September, 2018, amounting to €4833.93 and the relative damages for such occupation from the request of the applicant from the decision of the First Hall of the Civil Court (Constitutional Jurisdiction) till the date of effective eviction.

4. Liquidates the damages suffered by the applicant for the occupation of the premises from the 27th September, 2018, from the judgement of the First Hall of the Civil Court (Constitutional Jurisdiction) till the effective eviction.

5. Condemns the respondent to pay the arrears of rent amounting to €4,833.93 and the damages suffered by the applicant for the occupation of the premises from the 27th September from the judgement of the First Hall of the Civl Court (Constitutional Jurisdiction) till the effective eviction.

6. With costs and the respondent is from now summoned so that reference to his oath be made. The applicant is requesting the attachment of the case decided by the First Hall of the Civil Court (Constitutional Jurisdiction) in the names Architect David Psaila vs Attorney General et of the 27th September, 2018.

Applicant: Architect David Psaila, Dpeak, Wied ta’ Ħal Balzan, Ħal Balzan.

Notification respondent: Christopher El Shoushani, Flat 4, Plymouth Flats, Triq Testaferrata, Msida

The application in the names Architect David Psaila vs Christopher El Shoushani, Application Number 177/2018MV, has been postponed for hearing to the 9th April, 2019, at 10.30 a.m. 

By order in terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you have to appear before the Board abovementioned on the day and time given and notified to you. 

In terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you are warned that this application is made by means of special summary proceedings in which proceedings the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th February, 2019, Application number 374/2019, by Barbara Dawn Edwards, whereby she prayed that it be declared open in favour of Barbara Dawn Edwards in the quota of one half (1/2) undivided share and in favour of his children Clive John Edwards, Caroline Jayne Renzulli and Cheryl Joy Carlson in the quota of one sixth (1/6) undivided share each one of them the succession of Denis John Edwards, divorced from Patricia Mairlyn Edwards née Gleeson in the first instance, divorced from Yvonne Agnes Edwards née Trewick in the second instance, and husband of Barbara Dawn Edwards née Goodlife, son of the late John Edwards and Florence Mabel Pearl Edwards née Hunt, born in Bath, United Kingdom, resided in Mellieħa and died in Tal-Qroqq, Msida, Malta on the 14th October, 2018, aged 85, who held identity card number 0016844A.

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 given by the Court of Appeal on the 15th March, 2019, in the records of the Appeal Application in the names Joseph Mamo vs Fiorentina Darmenia Jochimsen, Application Number 969/10 SM, the following publication was ordered for the purpose of service of Joseph Mamo, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal between Joseph Mamo, in his capacity of administrator of the block of apartments with number 183, Triq Rudolfu, Tas-Sliema vs Fiorentina Darmenia Jochimsen, have been closed, the Court fixed the hearing of this cause on Monday, twenty-ninth (29) of October, 2018, at 9.00 a.m. and deferred to the 1st April, 2019, at 9.00 a.m.

Notify Respondent: 183, Flat 6, Triq Rudolfu, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th December, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2033/2018 in the names Carmel sive Lino Farrugia et vs Grech’s Limited, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Grech’s Limited (C 1863) of 147, Triq San Sebastjan, Ħal Qormi

By the present, Carmel sive Lino Farrugia (ID 40256M), Alessandro sive Sandro Farrugia (ID 121657M), Joseph Farrugia (ID 51366M), Maria Gabriella sive Mariella Farrugia (ID 448758M) and Angela Incorvaja wife of Mario (ID 197561M) brothers and sisters Farrugia of 33, Triq il-Kitba, Fgura FGR 2110, solicits you so that within fifteen (15) days from the date of notification of this letter you pay the sum of €876.95 representing the installment of rent due by you that had to be paid in advance for the period from the 1st July, 2014, till the 30th June, 2015, of the premises bearing number 147, previously 154, Triq San Sebastjan, Ħal Qormi, leased to you for commercial purposes according to two deeds dated 9th November, 1968, and 28th August, 1969, both in the records of Notary Joseph Gatt.

If you fail to comply with the above within the time given to you, further procedures to evict you according to law will be initiated against you. 

This judicial letter is being made in terms of Cap. 69 of the Laws of Malta.

So much for your own guidance.

With costs and legal interest on the amount due from the date of notification of this letter till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th February, 2019, Application number 366/2019, by Emmanuela Camilleri et, whereby they prayed that it be declared open in favour of Emmanuela Camilleri wife of the decujus in the quota of one half (1/2) undivided share and in favour of his children Kirsten Camilleri, Sarah Micallef, Sabrina Camilleri, Marionia Camilleri and Pierre Camilleri in the quota of one tenth (1/10) undivided share each one of them the succession of Mario Camilleri, husband of Emmanuela Camilleri, son of the late Spiro Camilleri and Mary Camilleri née Allegretto, born in Tal-Pietà, resided in Swieqi and died in Birżebbuġa, Malta on the 17th July, 2013, aged 51, who held identity card number 0320862M.

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

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 7th March, 2019, in the records of the judicial letter number 46/19, in the names GasanMamo Insurance Limited vs Desiderio Gutierrez et, ordered the following publication for the purpose of effecting service on the defandant Desiderio Gutierrez, in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta) 

To:

1. Desiderio Gutierrez of 280, Dornat Court, Flt 4, Triq il-Ħtajriet, Mosta

 2. Green Skip Services Limited 

By means of this present GasanMamo Insurance Limited (C 3143) of Triq l-Imsida, Gżira GZR 1405 as subrogated in the rights of its insured Jesmond Aquilina and the same Jesmond Aquilina, the latter the owner of the vehicle number BQZ 724, whilst making reference to the traffic accident which occured on the 24th December, 2017, in Mrieħel, which accident occured solely as a result of your fault and responsibility whilst you were driving the vehicle with number GRN 111 and this because of negligence and lack of observance of traffic regulations on your part, are soliciting you so that within two days you come forward for the liquidation and payment of damages suffered in this accident, which damages amount to €703.80 and €200.00.

If you fail to pay the amount requested, further procedures will be taken against you according to law.

With costs of this present and with legal interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Edwin Schembri vs Mahmou Zinou, Application Number 233/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent Mahmou Zinou 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 Edwin Schembri vs Mahmou Zinou filed before the Rent Regulation Board on the 20th December, 2018, the applicant Edwin Schembri (ID 569160M) requested with respect that:

By means of a private writing, the respondent leased from Yvonne Schembri the premises and namely the shop with number 53 in Triq Manwel Magri, Ħamrun and this at the rent of €40 per day, payable every three months in advance and within a month from the issuance of a permit so that the said shop is classified as Class 4D, and subject to those other terms and conditions as agreed in the private writing of the 21st May, 2018, a copy of which is attached as Doc A;

The permit in question and that is PA/04455/18 was issued on the 6th August, 2018;

By means of a public deed of Notary Public Andrea Micallef of the 2nd September, 2018, a copy of which is attached as Doc. B, Yvonne Schembri transferred by title of donation to the applicant the premises and namely the shop abovementioned;

The respondent was informed about the donation abovementioned both formally and by means of judicial letter number 3661/2018;

The respondent failed to pay the rent due for the period between 6th November, 2018, till the 5th February, 2019, and this notwithstanding that he was duly solicited to pay the same rent by means of a judicial letter with number 3946/2018 and besides other verbal solicitations.

Thus, the applicant humbly requests this Honourable Board so that it:

1. Decides and declares that the lease made by means of a private writing dated 21st May, 2018, is terminated because the respondent did not pay the rent punctually;

2. Condemns the respondent to vacate from the premises and namely the shop with number 53 in Triq Manwel Magri, Ħamrun within a short and peremptory period that is established for this reason;

3. Decides and declares that the respondent is obliged to pay the respondent for the period up until he remains occupying the premises leased to him after the termination of the lease, and also for the consumption of the utility services;

4. Liquidates the amounts due by the respondent as a result of his occupation under an illicit title and also for the consumption of the utility services;

5. Condemns the respondent to pay the applicant the amount liquidated, with legal interest according to law.

With costs, including the judicial letter with number 3661/2018 and 3946/2018 against the respondent who is from now summoned so that reference to his oath be made.

Applicant:  Edwin Schembri, Ta’ Paulina, Triq il-Ġebel, Birżebbuġa

Respondent: Mahmou Zinou, 127, Riga, Triq id-Duluri, Ħamrun

The application in the names Edwin Schembri vs Mamhou Zinou, Application Number 233/2018FDP, has been postponed for hearing to the 8th April, 2019, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st February, 2019, of the Rent Regulation Board, in the records of the Application in the names Malta Industrial Parks Limited vs Global Gases Mediterranean Limited, Application Number 204/2018MV, the following publication was ordered for the purpose of effecting service on the respondent company Global Gases Mediterranean Limited 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 Malta Industrial Parks Limited (C 28965) vs Global Gases Mediterranean Limited (C 50076) filed before the Rent Regulation Board on the 22nd November, 2018, the applicant Malta Industrial Parks Limited (C 28965) requests with respect and Charles Pearsall (ID 98157M) holding the position of debtor executive with the applicant company duly authorised confirms on oath that:

By means of a private writing of the 16th June, 2011, Doc. A, the applicant gave by title of lease to the respondent company the factory number BLB032B in Industrial Estate, Bulebel for a period of five (5) years under the terms and conditions hereunder.

The lease was for an annual rent as follows and namely for the first three (3) years, that is from the signature of the contract till the 15th June, 2014, the rent was of €32,969.46 excluding the value added tax that amounts to €5,934.50, besides the annual service charge of €14,945 which together amounted to €53,848.96 per year, whilst from the 16th June, 2014, till the end of the lease on the 15th June, 2016, the annual rent had to increase to €34,617.93 excluding value added tax that amounts to €6,231.23 besides the annual service charge of €15,692.25 which together amounted to €56,541.41 per year.

The respondent company remained in default of payment for the installments of rent and many solicitations were made. Notwithstanding this, the respondent company remained in default and by a judicial letter of the 7th November, 2016, the applicant company solicited the respondent company to pay the rent due for the period from the 1st October, 2015, till that day for the sum of €41,074.17 and this by means of judicial letter number 3644/16, Doc. B, whilst it was also solicited to vacate the premises since the lease had expired. Despite these solicitations the respondent company remained in default.

Despite the expiry of the lease, on the 19th January, 2017, the respondent company wrote to the applicant and requested the possibility of coming at an agreement for the payment of arrears of the rent whilst it also invited the applicant ‘to come forward for an extension agreement of the lease if it is in fact the case that the lease expired’ and this as results from the letter Doc. C. Till today no payment was made.

Till today, despite the termination of the lease, the respondent is still occupying the factory, it has to pay the consideration due till the date of effective eviction at the rate established in the contract as it was on the date of the expiry of the lease and that is at the rate of €56,541.41 per year.

It follows that the respondent company is in default of payment of:

1. The sum of €41,074.17 as stated in the judicial letter 3644/16 which sum covers the rent for the period from the 1st October, 2015, till the end of the termination of the lease and that is on the 15th November, 2016;

2. The sum of €113,082.82 and that is the consideration due equivalent to two years rent for the period from the 16th November, 2016, till the 15th November, 2018;

3. Together these amount to €154,156.99.

The respondent company has to pay the sum of €154,156.99 which amount covers its occupation till the 15th November, 2018, which amount is certain, liquid and due and as far as the applicant knows, the respondent does not have any defences to bring to the requests of the applicant neither regarding the said amount nor for the fact the lease was terminated.

It follows therefore that the applicant company is entitled to resume possession as free and unencumbered of the property BLB032B of Industrial Estate, Bulebel whilst that it requests the payment of the rent due and also for the consideration due till the date it resumes possession of premises.

In the opinion of the applicant company in terms of Art. 16A of Cap. 69 of the Laws of Malta so that this application will be decided without proceeding to trial because in the opinion of the applicant company the respondent does not have any defences to bring to the requests of eviction and to payment of arrears of rent and consideration due till the date it resumes possession of the premises (which debt is certain, liquid and due) and for this reason the requests of the applicant company have to be upheld without this Honourable Board proceeding for the hearing of the case.

The reason for this request is that there exist elements so that the applicant requests the termination of the lease because of default in payment for more than one year rent and thus the applicant company is entitled to resume possession of the property BLB032B free and unencumbered at Industrial Estate, Bulebel whilst request the payment of the rent and since there exist all the elements required for Art. 16A of Cap. 69, this case has to be decided without proceeding to trial.

Thus for the above reasons requested by the applicant company it requests this Honourable Board so that, subject to the necessary declarations and the opportune directions, it decides the case without proceeding to trial and orders the respondent company so that within a short and peremptory period fixed by this Honourable Board to vacate from the factory BLB032B in Industrial Estate, Bulebel and to vacate the premises free and unencumbered in favour of the applicant company and whilst it be condemned to pay the sum of €154,156.99 which sum represents the consideration due for the occupation of the factory till the 15th November, 2018.

With costs including those of the judicial letter number 3644/16 and with legal interest against the respondent company who is from now summoned so that a reference to its oath be made and reserving the right for any other action due the applicant company according to law and event the payment of the consideration due till the date of effective eviction.

Applicant: MIP, Telgħet Gwardamanġa, Tal-Pietà

Respondent: Global Gases Mnediterranean Ltd, BLB032B, Bulebel Industrial Estate, Żejtun ZJT3000

The application in the names Malta Industrial Parks Limited vs Global Gases Mediterranean Limited Application Number 204/2018MV has been postponed for hearing to the 4th April, 2019, at 10.45 a.m. 

This application is made by means of special summary proceedings in which proceedings the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th January, 2019, in the records of the judicial letter number 3301/18 in the names Joseph Talbot et vs Odilia Dunkerley, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Odilia Dunkerley in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Odilia Dunkerley of 14, Tigne Mansions, Tigne Seafront, Tas-Sliema

By means of this present Joseph Talbot (ID 330548M) and George Talbot (ID 812453M) of Scorcan, 28, Triq il-Kav. Deguara, Ħal Tarxien solicit you so that within one week you come forward for the division and liquidation of the assets of the inheritance of your late parents and of your sister Maria Dolores Talbot.

The interpellants wish that the division will be made in an amicable manner and by agreement, so however that if you continue not to take any cognisance of their requests, a case will be instituted in the coming days and it is not excluded that in such proceedings, the interpellants also request the payment of services rendered. 

If court proceedings are commenced, you will suffer the costs because the procedures will have to be initiated because of your default. Consider this as the last notice.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 14th March, 2019, in the records of the Sworn Application, in the names Mifsud Carmel et vs Sciberras Carmelo, Application number 62/19 LSO, the following publication was ordered for the purpose of service of the respondent Carmelo Sciberras, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court First Hall, in the names Carmel Mifsud (ID 496354M) and his wife Maria Grazja (sive Grace) Mifsud (ID 28558M) and Sammy Mifsud (ID 73484M) vs Carmelo Sciberras (ID 566635M) on the 22nd January, 2019, the applicant Carmel Mifsud (ID 496354M) and his wife Maria Grazja (sive Grace) Mifsud (ID 28558M) and Sammy Mifsud (ID 73484M) on the 22nd January, 2019, asked this Honourable Court saving the necessary declarations:

1. To decide the cause without proceeding to a hearing in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta;

2. To order saving a declaration that the respondent does not enjoy any title on the land de quo, the eviction of the respondent from the applicant’s property and particularly a plot of land in Valletta Road, Mqabba, of the area of circa two thousand nine hundred forty-six square metres (2946m2) bordering on the North with Valletta Road and on the other boundaries with a street previously known as Valletta Road, including the garage which was built on it at the moment of acquisition and which garage was declared to be occupied by a farmer which property was acquired by the applicant by means of a contract of the 16th January, 1987.

With costs, against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the names Mifsud Carmel et vs Sciberras Carmelo, Application number 62/19 LSO, has been deferred for hearing to the 9th April, 2019, at 9.30 a.m.

Notify Respondent: 25, Binja l-Isptar il-Qadim, Triq Mikelanġ Sapiano, Mqabba

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 609/19 in the names Falcon Funds Sicav plc vs John Anthony Farrell, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on John Anthony Farrell in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

John Anthony Farrell (British passport number 515555119) of 1, Kentmere Place, Newcastle-Under-Lyme Staffordshire, ST5 3QL, United Kingdom

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, refers you to your role with Temple Asset Management Limited, a company registered in Malta with registration number C 52606 and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 614/19 in the names Falcon Funds Sicav plc vs Delta1 Securities plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Christian Grob in terms of Article 2130(2) of Chapter 16.

In the First Hall of the Civil Court

To

Delta1 Securities plc

Securitisation Consultancy Ltd 

Andreas Wolfl

Christian Grob (Austrian passport U0235256) of Allerheiligen, 108, Allerheiligen, Bei Wildon 8412, Austria

RES Malta Limited

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role in the issuing of financial instruments including the financial instruments bearing the name ‘Solid Venture P2P ETI’ and  ‘WSV Pro Mittelstand ETI’ and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and/or authorisation of the issuing of the prospectus relative to the abovementioned investments bearing the names ‘Solid Venture P2P ETI’ and ‘WSV Pro Mittelstand ETI’.

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the abovementioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible in solidum for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 607/19 in the names Falcon Funds Sicav plc vs Commonwealth Securitisations plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Christian Grob in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Commonwealth Securitisations plc

Securitisation Consultancy Ltd 

Andreas Wolfl 

Christian Grob (Austrian passport U0235256) of Allerheiligen, 108, Allerheiligen, Bei Wildon 8412, Austria

RES Malta Limited

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role in the issuing of financial instruments including the financial instrument bearing the name ‘Nordic Power ETI’ and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and/or authorisation of the issuing of the prospectus relative to the above-mentioned investment bearing the name ‘Nordic Power ETI’.

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the abovementioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible in solidum for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 613/19 in the names Falcon Funds Sicav plc vs ETI Securities plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Christian Grob in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

ETI Securities plc

Securitisation Consultancy Ltd 

Andreas Wolfl 

Christian Grob (Austrian passport U0235256) of Allerheiligen, 108, Allerheiligen, Bei Wildon 8412, Austria

RES Malta Limited

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role in the issuing of financial instruments including the financial instrument bearing the name ‘Boardwalk Real Estate ETI’ and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and/or authorisation of the issuing of the prospectus relative to the abovementioned investment bearing the name ‘Boardwalk Real Estate ETI’.

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the abovementioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible in solidum for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear, within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 611/19 in the names Falcon Funds Sicav plc vs Philip Eaton Richards, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Philip Eaton Richards in terms of Article 187(3) of Cap. 16.

In the First Hall of the Civil Court

To

Philip Eaton Richards (ID 42520A) of Cuor De Gesù, Fl 1, Triq il-Belt Valletta, Ħal Qormi and/or 19, Flat 4, Triq San Ġużepp, Tas-Sliema

By means of this present Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Triq il-Birrerija, Mrieħel, Birkirkara, referes you to your role and/or involvement with Falcon Asset Management Limited, a company registered in Malta with registration number C 71696, with Argentarius ETI Managemnet Ltd, a company registered in Malta with registration number C 55597, and with Temple Asset Management Limited, a company registered in Malta with registration number C 52606 as well as to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 26th February, 2019, following a request of Elton Mamo, it ordered that deputy curators be chosen to represent the absent Milena Petrova Dobreva, in the records of the judicial letter in the names Elton Mamo vs Deputy Curators, Judicial Letter number 708/2019 and in the other relative and subsequent acts.

In the First Hall Civil Court

To ...

appointed as Deputy Curators to represent the absent Milena Petrova Dobreva, holder of Bulgarian passport 382797144 and identity card of Malta 0073351A.

By the present judicial letter, Elton Mamo (ID 278186M) refers to the preliminary agreement, by means of a private writing, which preliminary agreement was drawn up before Notary Dr Brenda Jane Camilleri, dated 8th November, 2018, and which preliminary agreement lapses at the end of February 2019, namely the 28th February, 2019, calls upon you so that within the legal period of the validity of the preliminary agreement, namely till the end of February 2019, you come forward to the publication of the Notarial Deed whereby you sell and transfer to the interpellant, who purchases and acquires from you the apartment numbered one (1) at the level of the first and second floor (first and second floor level) of a block of building numbered sixty-one (61) and sixty-three (63) accessible from a door numbered sixty-three (63) at other times referred to as sixty (60) and sixty-one (61) previously numbered ninety-two (92) and ninety-three (93) in Triq il-Kapuċċini, Floriana, with the furniture found in the premises free and unencumbered, with all its rights and appurtenances and towards the price and conditions indicated in the preliminary agreement mentioned.

The interpellant notifies you that in your default, he reserves to proceed to the execution of the preliminary agreement by means of a Sworn Application and opportune precautions.

So much so that you may know how to proceed and saving every right and action at law.

Interpellant: 63, Levels 1 and 2, Triq il-Kapuċċini, Floriana

Respondent: Deputy Curators

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. Mr Justice Toni Abela, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals