Court Notices published in Govt. Gazette No. 20,223 of 2nd July 2019
Bann for Curators
953Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 24th August, 2018, following a request by Josephine Cauchi et it was ordered that deputy curators be chosen to represent the unknown directus dominus or the sub directus dominus in the acts of the schedule of deposit number 1567/2018 in the names Josephine Cauchi et 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 Josephine Cauchi, widow of Salvatore Cauchi, daughter of the late Giuseppe Micallef and Carmela née Camilleri, born in Ħaż-Żebbug, Malta and residing in San Pawl il-Baħar (ID 300644M); Josephine Cauchi in her capacity as curator of her son Stefan Cauchi, interdicted, son of the late Salvatore and Josephine née Micallef, born in Ħ’Attard and residing in San Pawl il-Baħar (ID 181677M); Marika Hewett, wife of James Hewett, daughter of the late Salvatore Cauchi and Josephine née Micallef, born in Ħ’Attard and residing in Norfolk, England; Francis sive Frankie Cauchi, son of the late Salvatore and Josephine née Micallef, born in Ħ’Attard and residing in San Pawl il-Baħar (ID 212970M) vs Deputy curators to represent the direct owner or sub direct owner or his successors in title, on the 23rd August, 2018, the applicant Josephine Cauchi et respectfully submitted:
The applicants as heirs of Salvatore Cauchi, who bought and acquired a divisable portion of land and that forms part of the developable land known as Ta’ Tawwila sive Ta’ Fejn Chappelle, in San Pawl il-Baħar during his marriage with the applicant Josephine Cauchi from the company Bestland Limited by means of a public act in the records of Notary Dr Angelo Vella dated 26th July, 1975 (copy of which is attached and marked as Doc. A), which premises are subject to the rate of Lm0.25 equivalent to €0.58 of annual and perpetual ground rent, free and unencumbered, with all its rights and appurtenances and with the vacant possession and with the terms and conditions therein listed;
By means of a deed of partion in the records of Notary Dr Angelo Vella dated 21st December, 2000, the portion abovementioned was divided into four portions to the four applicants, copy of the contract here attached and marked as Doc. B;
The applicants wish to avail themselves of the option in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem the ground rent;
The amount of €0.58 capitalised at the rate of 5% amounts to €11.60;
The applicants consequently deposit the sum of €2.90 representing the arrears of ground rent for the last five (5) years.
Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €14.50 to redeem this ground rent, which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.
Applicant:
Josephine Cauchi, Franco, Triq l-Arznell, San Pawl il-Baħar
Service:
Director Public Registry, Evans Building, Triq il-Merkanti, Valletta VLT 2000
Lands Registrar, Casa Bolino, 116, Triq il-Punent, Valletta VLT 2000
Deputy curators, Law Courts, 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 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, abovementioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
954Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 7th September, 2018, following a request by Raymond Abela it was ordered that deputy curators be chosen to represent the unknown owner, owners, heir or heirs in the acts of the schedule of deposit number 1659/2018 in the names Raymond Abela 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 Raymond Abela, policeman, son of Oreste and Rita Caurana, born in Tal-Pietà on the 24th May, 1963, and residing at number 20, Triq Mondion, Fgura (ID 296163M) vs Deputy curators to represent the unknown owner, owners, heir or heirs, on the 5th September, 2018, the applicant Raymond Abela respectfully submitted:
That by means of a deed of sale in the records of Notary Dr Pierre Cassar of the 25th June, 1987 (Doc. A), the said Raymond Abela acquired the mezzanine with number 20, previously without official number, that had the name of Ġesù Redentur, in Triq Mondion, previously known as road without name that abuts in Vjal Cottoner, in Fgura, which mezzanine is built on plot number 4 from the land of Ta’ Gallu that bounds from the West with the road, from the South with property of Salvu Desira and from the North with property of Anthony Psaila or the successors in title, as subject to the annual and perpetual groundrent of Lm25 equivalent to €58.23 and subject to the passive servitudes of the water tank and television aerial on his roof and he enjoys the active servitudes of the drains and drainage and the windows that look on the yard of the underneath tenement with all the rights and appurtenances;
The applicant wishes to avail himself of the option in Article 1501 of Cap. 16 of the Laws of Malta and thus redeem the annual and perpetual groundrent above mentioned;
The amount of Lm25 equivalent to €58.23 capitalised at the rate of 5% amounts to €1,164.60.
Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1,164.60 the amount of the annual and perpetual groundrent, together with the sum of €291.15, representing the groundrent arrears that is for 5 years, together amounting to €1,455.75, which amount may be freely withdrawn by the respondents as a redemption of payment of the groundrent abovementioned, after leaving the relative receipt according to law.
Depositor:
Raymond Abela, 20, Triq Mondion, Fgura
Service:
Deputy Curators, Law Courts, Valletta
Director Public Registry (Searches Unit), Triq il-Merkanti, 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 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, abovementioned, with the witness of the Hon. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 955
955By means of a decree of the 16th July, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3323/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Anthony Bonnici, the following publication was ordered for the purpose of effecting service on the respondent Anthony Bonnici in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Anthony Bonnici (ID 352769M) of Flat 1, Block 11, Hubbard, Triq Rikkardu Taylor, Bormla
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,332.71, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000119340 regarding the premises Flat 1, Block 11, Hubbard, Triq Rikkardu Taylor, Bormla.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 956
956By means of a decree given by the First Hall Civil Court, on the 17th June, 2019, in the records of the Application in the names Commissioner for Revenue vs Bernd Krueger, Application number 197/19 AF, the following publication was ordered for the purpose of service of the respondent Bernd Krueger, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, filed in the First Hall Civil Court in the names Commissioner for Revenue vs Bernd Krueger (ID 175135A), the Commissioner for Revenue respectfully pleaded:
That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;
That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January 2012 and permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;
That in terms of the mentioned Directive, the German competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority;
That the respondent owes tax to the German applicant authority in the amount of three hundred ninety-one thousand, seven hundred ninety-three euro and 58 cents (€ 391,793.58) as appears from the Uniform Enforcement Instruments here attached and marked as Doc. A, together with interest according to the Income Tax Acts (Cap. 123 and 372 of the Laws of Malta) which interests run from the date of service of this application;
That the respondent has been indicated as being registered in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;
That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;
That, furthermore, the respondent has a right to a translation of same Doc. A into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. B to inform the respondent company that it may request the mentioned translation within seven (7) days of service of same document.
To that extent and in view of the above, the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A, as official copy, such that said document constitutes executive title.
List of Documents:
Doc. A Uniform Enforcement Instrument issued by the requesting authority of Germany
Doc. B Document that informs the respondent of his right to request a translation of the Doc. A
Civil Court First Hall
Judge Hon. Madame Justice Anna Felice B.A. LLD
Application Number 197/19 AF
Commissioner for Revenue
vs
Bernd Krueger
The Court,
Having seen once again the application;
Having seen that despite that the due service as ordered by this Court was made, no reply was put forward;
Upholds the request as brought forward.
Applicant: Commissioner for Revenue, Department of Inland Revenue, Floriana FRN 0170
Respondent: 1, Triq il-Kbira, Sqaq Numru 2, Mosta MST 1031
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 957
957By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th May, 2019, Application number 825/2019 by Rita Azzopardi et, whereby they requested that it will be declared open in favour of the same Rita Azzopardi née Catania, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Clare Azzopardi and Anette Azzopardi, children of the decujus, in equal shares between them the succession of Lorenzo Azzopardi, married, son of Anthony Azzopardi and Rosi née Mifsud, born in Rabat, Malta and residing in Rabat, Malta and died in Tal-Qroqq, Msida, Malta on the10th March, 2017, aged 70, who held identity card number 0712346M.
Wherefore any person who believes 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
Notice 958
958By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th April, 2019, Application number 720/2019 by Pauline Muscat, Joseph Muscat and Anthony Muscat, whereby they requested that it be declared open in their favour in equal shares between them the succession of Angela Muscat, unmarried, daughter of the late Giovanni Muscat and Carmela née Vella, born in Mosta, resided in Mosta and died in Tal-Qroqq, Msida on the 16th January, 2019, aged 86, holding identity card number 0770332M.
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
Notice 959
959By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th May, 2019, Application number 792/2019 by Notary Carmelo sive Charles Galea, whereby he requested that it will be declared open his favour in its entirety the succession of Mons. Antonio Galea, bachelor, son of the late Antonio Galea and Maria Vittoria née Misura, born in St Julian’s and died in Birkirkara on the 27th December, 2018, aged 87, who held identity card number 0740131M.
Wherefore any person who believes 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
Notice 960
960By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th May, 2019, Application number 891/2019 by Louis Gatt and Benedetta sive Betty Calleja, whereby they requested that it will be declared open in their favour in the quota of one half (1/2) undivided share each one of them the succession of Giuseppe Gatt, widower of Theresa nee Grixti, son of Luigi Gatt and Maria nee Bartolo, born in Valletta and resided in Ħamrun and died in Tal-Qroqq, Msida, Malta on the 3rd October, 2017, aged 82, and who held identity card number 0015235M.
Wherefore any person who believes 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
Notice 961
961By means of a decree given by the Civil Court First Hall, on the 20th May, 2019, in the records of the Sworn Application in the names HSBC Bank Malta p.l.c. vs Stefanov Alexandar, Application Number 47/19 RGM, the following publication was ordered for the purpose of service of the defendant Alexandar Stefanov, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed in the Civil Court First Hall in the names HSBC Bank Malta p.l.c. (C 3177) vs Alexandar Stefanov (ID 48811A) on the 18th January, 2019, the applicant company HSBC Bank Malta p.l.c. asked this Honourable Court:
1. To declare that the defendant Alexandar Stefanov is a debtor towards the plaintiff bank in the sum of one hundred twenty-three thousand nine hundred sixty-four euro and thirty-nine cents (€123,964.39) due as for one hundred and six thousand one hundred eighty-six euro and ten cents (€106.186.10) as balance of capital granted on loan to him and the remaining seventeen thousand seven hundred seventy-eight euro and twenty-nine cents (€17,778.29) as interest calculated till the 18th October, 2018, besides further legal interest from the 19th October, 2018, till the date of effective payment and uphold the other demands in the application.
With costs as demanded in the application against the defendant from now summoned so that a reference to his evidence be made
The Sworn Application in the names HSBC Bank Malta p.l.c. vs Stefanov Alexandar, Application Number 47/19 RGM, has been deferred for hearing to the 10th October, 2019, at 9.15 a.m.
Applicant: HSBC Bank Malta p.l.c., 32, Triq il-Merkanti, Valletta
Defendant: 25, Triq Lapsi, St Julian’s
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 962
962By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th June, 2019, Application number 1024/2019 by Pio Fenech, Consiglio Fenech, John Mary sive Jimmy Fenech and Charles Fenech, whereby they requested that it will be declared open in their favour the succession of their brother Nazzareno Fenech, bachelor, son of the late Kunsilju Fenech and Pawla née Cassar, born in Żejtun, Malta and resided in Żejtun, and died in Ħal Luqa, Malta on the 3rd March, 2018, aged 77, and who held identity card number 449940M.
Wherefore any person who believes 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
Bann for Curators
963Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 7th January, 2019, following a request by Bernard Schembri it was ordered that deputy curators be chosen to represent the owners who have the directus dominus in the acts of the schedule of deposit number 2/2019 in the names Bernard Schembri vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Bernard Schembri, environmental health practitioner, son of Romeo and Josephine née Coleiro, born in Ħ’Attard on the 29th July, 1973, and residing in Ħamrun (ID 491073M) vs Deputy Curators to represent the owners who have the directus dominus, on the 3rd January, 2019, the applicant Bernard Schembri (ID 491073M) respectfully submitted:
That the applicant is the owner of the groundfloor level premises, that is the tenement with the name Charpaul, with official number 39, Noqra Lane, Birżebbuġa, underlying two apartments, property of third parties, with all its rights and appurtenances and also subject to the rate of annual and perpetual groundrent of about €7.82, as shown on the plan here attached and marked as Document A. This property was donated to him by his father Romeo Schembri as results from the donation deed in the records of Notary Dr Fiona Zammit Armeni of the 19th July, 2018, a copy of which is attached as Document B. The property de quo was built on the site originally acquired by the same Romeo Schembri in the acts of Notary Nicola Said of the 25th September, 1961, a copy of which is attached and marked as Document C where it results that the land was subject to an annual and perpetual groundrent of three shillings and nine pence for every square cane. Thus, it follows that the property in question is burdened pro rata by the groundrent above mentioned of €7.82 and this when one takes into consideration the measurement of the site and the improvements erected;
The owners are unkown to the applicant, and this although several searches were carried by the applicant and accordingly the applicant is filing an application requesting the appointment of deputy curators to represent the unknown owner or owners;
The applicant consequently is depositing the sum of €39.10 representing the arrears of groundrent for the last five (5) years.
Thus the applicant is calling upon this Honourable Court and under its authority is depositing the total amount of €195.50 that is the groundrent due for the last five years and the price of the redemption of the groundrent above mentioned, which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.
Applicant:
Bernard Schembri, St Joseph, Flat 3, Triq Eldorado, Ħamrun
Service:
Director Public Registry, Public Registry, Valletta
Lands Registrar, Casa Bolino, Triq il-Punent, Valletta
Deputy Curator, Law Courts, 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 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 Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 964
964By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th May, 2019, Application number 871/2019 by Anthony Felice and George Felice, whereby they requested that it will be declared open in their favour in equal shares between them the succession of Roberto Albert Felice, widower of Maria Stella née Calamatta, son of the late Victor Ugo Felice and Paolina née Borg, born in Floriana and resided in Valletta and died in Valletta on the 17th January, 2018, aged 96, and who held identity card number 0389421M.
Wherefore any person who believes 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
Notice 965
965By means of a decree given by the Civil Court First Hall, on the 30th October, 2018, in the records of the Sworn Application in the names Vella Mary vs Abela Dr Johnaton, Application Number 739/18 LSO, the following publication was ordered for the purpose of service of the respondent Dr Johnaton Abela, 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 Mary Vella (ID 699031M) vs Dr Johnaton abela (ID 0376185M) on the 13th July, 2018, the applicant Mary Vella, residing number 124, Mary, Triq il-Kanun, Santa Venera, respectfully pleaded:
That the interpellant has the exclusive possession of the premises field which is situated in Number 9, Triq il-Lunzjata, Ħamrun, Malta, which premises borders on the back with property of the respondent;
That between the 22nd and 25th June of the current year and namely year 2018, the respondent and/or persons appointed by him abusively, illegally and clandestinely dropped the dividing wall which separates the two properties and namely the dividing wall in the property of the same respondent in Number 602, Triq il-Kbira, Ħamrun;
That the respondent and/or persons appointed by him clandestinely and without any right at law entered in the field of the interpellant and built without any right steps so that he can acceed the field of the same interpellant;
That this behaviour on the part of the respondent constitutes a violent and clandestine spoliation to the detriment of the interpellant.
Thus for the reasons premised the interpellant respectfully prays this Honourable Court:
1. To declare that the respondent committed a recent spoliation to the detriment of the interpellant in terms of Article 535 of Cap. 16;
2. Order the respondent to go out of the same premises/field so that the interpellant be reintegrated in her possession of the same field and uphold the other demands in the application amongst which that the respondent be declared responsible for all the damages caused to the interpellant as a result of his illegal behaviour, the liquidation of damages and that the respondent be ordered to pay the damages liquidated.
With costs against the respondent summoned so that a reference to his evidence be made
The Sworn Application in the names Vella Mary vs Abela Dr Johnaton, Application number 739/18 LSO, has been deferred for hearing to the 3rd October, 2019, at 9.30 a.m.
Applicant: 124, Mary, Triq il-Kanun, Santa Venera
Respondent: 14, Triq Ċensu Borg, Ħamrun HMR 1162
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 966
966By means of a decree of the Rent Regulation Board of the 7th May, 2019, 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).
By means of a Notice of Hearing of a cause issued by the Registry of the Superior Courts regarding the Application Number 156/18MV in the names Mizzi Estates Limited (C 990) vs Nadia Rapinett, which was appointed for hearing on 7th May, 2019, and which was subsequently adjourned to the 9th July, 2019, at 10.30 a.m. before Magistrate Dr Monica Vella before the Rent Regulation Board.
For the purpose of service: Nadia Rapinett, 97, Triq Sir Charles Cameron, Gżira
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 967
967By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th April, 2019, Application number 601/2019 by Maria Congreve Carnegie née Alexander, whereby she requested that it will be declared open in her favour in its entirety the succession of her father Ian Stafford Alexander, married to Marygold Alexander who died on the 26th May, 2007, born in Wanstead, United Kingdom, and resided in Crimond, and died in Peterhead, Scotland, on the 8th March, 2003, aged 84, who held British passports with numbers 040329022 and 101894491 respectively.
Wherefore any person who believes 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
Notice 968
968By means of a decree of the 31st July, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2124/2015 in the names Automated Revenue Management Services Ltd pro et noe vs Stephan Farrugia, the following publication was ordered for the purpose of effecting service on the respondent Stephan Farrugia in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Stephan Farrugia (ID 141570M) of 42, Pjazza Santa Liena, Birkirkara
By the present, Reuben Bonnici (ID 448471M) for and on behalf of Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €6,266.25, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law regarding the bill number 101000013983 regarding the premises North Pole, Triq in-Naxxar, San Ġwann which amount is that of €6,266.25.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 969
969By means of a decree of the 10th June, 2019, in the records of the judicial letter number 511/19 in the names Worldwide Company Ltd vs Setra Trading Limited, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent company in terms of Article 187(3) et sequitur of Cap. 12.
In the Courts of Magistrates (Malta)
To Setra Trading Limited ta’ Setra Trading, N/S in Triq Tal-Ħandaq, Tal-Ħandaq Industrial Estate, Ħal Qormi QRM 4000.
By means of this present Worldwide Company Ltd (C 6622) of Worldwide Buildings, Triq Valletta, Ħal Qormi, solicits you so that within one week you pay the amount of €1,714.25 due, representing the remaining balance for services rendered, and merchandise sold and made at your request, and which balance is in default although several solicitations and promises for payment on your part were made.
In case that the time given to you passes uselessly, the interpellant will have no alternative by to proceed against you by all the means permitted by law, including the issueing of the opportune precautionary warrants.
So much so that you will regulate yourself and avoid useless costs and procedures.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 970
970By a decree of the Small Claims Tribunal of the 25th 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).
Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 21st June, 2018, whereby they asked the Tribunal to condemn Heleine Azzopardi (ID 447575M) of Onyx, Flat 1, Triq Melita, Paola, to pay the plaintiff company the sum of €618.84, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 278/2018AM) is deferred on the 11th July, 2019, at 12.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 971
971By means of a decree of the 29th May 2019, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Stephanie Grech in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application filed on the 20th December 2018 in the records of the garnishee order number 235/18 Notice Number 2351/18SG in the names Stephanie Grech (ID 536187M) vs Brian Cassar (ID 425882M), whereby Brian Cassar submitted with respect:
The applicant learnt about the precautionary garnishee order in the above mentioned names for the sum of €2,978.56 filed as security for an alleged debt due by the applicant to the respondent representing arrears of medical and educational costs, which warrant was notified to several garnishees. A legal copy of the warrant is here attached and marked as Doc. W;
The applicant submits that there are provisions of law on the basis of which a warrant can be revoked and this in terms of the dispositions of Article 836(1)(f) of Cap. 12 since it is not reasonable that the same precautionary act be kept in force given that the applicant is the creditor of the person filing the garnishee order in terms of a final judgment of the Honourable First Hall of the Civil Court of the 17th January, 2018, in the names Brian Cassar vs Stephanie Grech, a copy of which is attached and marked Doc. X;
That according to this judgement, the person filing the warrant, Stephanie Grech was ordered to pay the applicant the sum of €20,500 including legal interest from the 12th March, 2012, till the date of effective payment, that till today amounts to €11,070 and also all the costs of the case which result from the copy of the bill of costs, a copy of which is here attached and marked as Doc. Y, which costs are of €3,062.21 besides the VAT which amounts to€252.28, that together add up to €3,314.49. Together, the amount, interest and costs till today amount to €34,884.49;
Till today the debtor has not paid anything from this amount to the applicant. Besides, according to the same judgment the debtor had to return the car to the applicant but till today remains in default;
Even if it results during the sitting regarding this request that the person filing the warrant for the payment of €2,978.56 it is justified that such order to pay is annuled in terms of terms of Art 1196 of Cap. 16 which stipulates says that when two persons are debtor of one another, set off takes place between them ipso iure and this without knowledge of the debtors. Such that as soon as two debts exist at the same time, they set off each other in so far as they are equal.
That the lack of utility of the garnishee order derives also from the fact that so far - although the applicant is creditor of the debtor - the maintenance of the child was deducted from his pay as results from the payslips for the last year, a copy of which are being here attached and marked as Doc Doc. Z1 to Z12;
… Omissis …
… Omissis …
Thus the applicant was constrained to proceed with the action to revoke the said warrant and because the issue for such warrant was made i) without solicitation fifteen days before; ii) the circumstances are such as to give rise to doubt about the liquidity of the applicant since he is creditor of the same debtor as results from a final judgement; and (iii) it was made maliciously and is frivolous or vexatious and in view of what stated above, there is room for a direction in terms of Art 836 (8) (b) (c) and (d) of Cap. 12.
Thus, the applicants request with respect this Honourable Court for the reasons premised:
1. Cancels and revokes the Precautionary Garnishee Order number 2351/18 in the above mentioned names in terms of Art 836(1) of Cap. 12;
2. Condemns the debtor to pay the penalties of not less than €1,164.69 and not more than €6,988.12 in terms of Art 836(8) of Cap. 12.
And this under those provisions that deems fit and opprtune.
With costs
Applicant: 4, Casa Cassar, Triq il-Ġellewż, Naxxar
Respondent: 63, Sona d’Or, Triq Dun Ġużepp Aquilina, Sigġiewi
In the Court of Magistrates (Malta)
Magistrate Dr Simone Grech BA, LLD Mag. Jur. (Eur. Law)
The Court,
Saw the application,
Orders the notification to the counterpart with seven (7) days for a reply with the notification or service of the counterpart lawyer.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
972Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 20th March, 2019, following a request by Mary sive May Cuschieri et it was ordered that deputy curators be chosen to represent the unknown inheritance of George Fenech and Margherita Saliba in the acts of the schedule of deposit number 491/2019 in the names Mary Cuschieri et vs Joseph Dimech et and Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and and concurrent redemption of groundrent and sub groundrent filed in the First Hall of the Civil Court, in the names Mary sive May Cuschieri, pensioner, widow of Francis Cuschieri, daughter of the late Giuseppe Cassar and Helen née Calleja, born on the 22nd February, 1941, and residing in Santa Venera (ID 156141M); Maria Teresa sive Marthese Psaila, pensioner, widow of Romeo Psaila, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 23rd December, 1937, and residing in St Paul’s Bay (ID 23738M); Maria Concetta sive Connie Hili, pensioner, widow of John Hili, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 26th December, 1934, and residing in Santa Venera (ID 45435M); Fabian Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 20th January, 1988, and residing in St Julian’s (ID 59888M); Jean Paul Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 4th October, 1989, and residing in Birżebbuġa (ID 455489M); Anna Cassar, unmarried, daughter of the late Francesco Cassar and Carmela née Calleja, born in Tal-Pietà on the 29th September, 1933, and residing in Santa Venera (ID 693033M); Mario Cassar, optician, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Floriana on the 20th January, 1958, residing in Santa Luċija (ID 61458M); Alessandro Cassar, dentist, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 9th March, 1959, residing at Kappara (ID 192859M); Aldo Cassar, insurance manager, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 22nd May, 1962, residing in Ħ’Attard (ID 328362M); Monique Theuma, housewife, wife of Mario Theuma, daughter of the late Giuseppe Cassar and Mary Violet née Muscat, born in Birkirkara on the 14th May, 1966, residing in Ħ’Attard (ID 227066M); Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Violet Delph, widow of Joseph Delph, daughter of the late Walter Cachia and Mary née Bordieri, born and residing in New York, United States of America; and Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Walter Joseph Cachia, retired, son of the late Walter Cachia and Mary née Bordieri, born in United States of America and residing in Pennsylvania, United States of America vs 1. Joseph Dimech, architect, son of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat, Gozo (ID 217931M) and Teresa sive Tessie Dimech, daughter of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat Gozo (ID 376227M); 2. Deputy curators to represent the unknown inheritance of Benjaming Farrugia, previously clerk, son of John Philip Farrugia and Emma née Bonnici, born in Ħamrun and residing in Ħal Balzan; 3. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima, born and residing in Ħal Qormi; the unknown inheritance of Margherita, wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi u residing in Tas-Sliema; and the unknown inheritance of Carmelo Mallia, son of the late Giuseppe Mallia and Margherita wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, born and resided in Tas-Sliema; 4. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima born and resided in Ħal Qormi and of the unknown inheritance of Margherita wife of Giuseppe Saliba previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi and residing in Tas-Sliema; 5. Deputy curators to represent the unknown inheritance of Maria Josephine Bugeja widow of John Bugeja, daughter of the late Paolo Sammut and Ferdinanda née Sammut, born in Floriana and residing in Tas-Sliema; 6. Deputy curators to represent the unknown inheritance of Giuseppe Borg, previously contractor, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ’Attard, the unknown inheritance of Maria Tanti, wife of Pietro Tanti, daughter of Carmelo Borg and the late Angela née Said, born in Ħ’Attard and residing in Rabat, Malta; the unknown inheritance of Antonia Borg, wife of Salvatore Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ’Attard, the unknown inheritance of Salvatore Borg, previously worker, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ’Attard, the unknown inheritance of Giuseppa Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ’Attard; and the unknown inheritance of Carmelo Borg, son of the late Giuseppe Borg, born and residing in Ħ’Attard, filed in the First Hall of the Civil Court on 13th March, 2019, the applicants Mary sive May Cuschieri (ID 156141M), Maria Teresa sive Marthese Psaila (ID 23738M), Maria Concetta sive Connie Hili (ID 45435M), Fabian Debono (ID 59888M), Jean-Paul Debono (ID 455489M), Anna Cassar (ID 693033M), Mario Cassar (ID 61458M), Alessandro Cassar (ID 192859M), Aldo Cassar (ID 328362M), Monique Theuma (ID 227066M), Advocate Dr Vincent Falzon (ID 28729M) as mandatory for and on behalf of Violet Delph and Walter Joseph Cachia respectfully submitted:
That the applicant Mary sive May Cuschieri (ID 156141M) in the quota of one eighth (1/8), Maria Teresa sive Marthese Psaila (ID 23738M) in the quota of one eighth (1/8), Maria Concetta sive Connie Hili (ID 45435M) in the quota of one eighth (1/8), Fabian Debono (ID 59888M) in the quota of one part of sixteen (1/16), Jean-Paul Debono (ID 455489M) in the quota of one part of sixteen (1/16), Anna Cassar (ID 693033M) in the quota of one eighth (1/8), Mario Cassar (ID 61458M) in the quota of one part of thirty-two (1/32), Aldo Cassar (ID 328362M) in the quota of one part of thirty-two (1/32), Monique Theuma (ID 227066M) in the quota of one part of thirty-two (1/32), Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Violet Delph in the quota of one eighth (1/8) and Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Walter Joseph Cachia in the quota of one eighth (1/8), heirs of Maria Dolores Cassar (ID 395636M) who died on the 24th April, 2016;
By means of a deed of the 22nd May, 1961, in the records of Notary Salvatore Abela, Joseph Dimech and Paolo Dimech in favour of John Cassar, granted by means of sub perpetual emphyteusis a portion of developable land of a total of eighty point four seven square canes (80.47 square canes) that is 353.26m², part of which and namely 73.15 square canes that is 321.13m² is known as Tal-Faxx, and the other part, namely 7.32 square canes that is 32.13m² is known as Ta’ Sqaq iż-Żeċċuk, and these in the limits of Ta’ Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of thirty-two pounds and four shillings (£32.4s.0d) today equivalent to seventy-five euro (€75.00) (Doc. A contract of sub-emphyteutical consession);
On the said land, John Cassar constructed a tenement (22 with the name Marie Reine) and a mezzanine (by the name Chez Amis) in Triq l-Annunzjata, Ħal Balzan (contract between Adelaide widow of John Cassar, and her children Maria Dolores Cassar and Maria Carmen wife of Victor Garroni, dated 21st July, 1972, in the records of Notary Joseph Raymond Grech) the said sub-groundrent of €75.00 was divided in half as for €37.50 on the tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan and the remaining €37.50 on the mezzanine with the name Chez Amis, in Triq l-Annunzjata, Ħal Balzan (Doc. B contract of division and Doc. C site plan);
After the death of John Cassar on the 5th August, 1971, the said tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, is subject to the sub-groundrent of €37.50 as part of the inheritance which John Cassar bequeathed to his daughter Maria Dolores Cassar, where she resided and continued to reside;
That on the 24th April, 2016, the said Maria Dolores Cassar (ID 395636M) died and was inherited by the applicants;
That Paolo Dimech died on the 13th February, 1965, and his share of the sub-direct dominius and namely half (1/2) undivied share which belongs in part to Tereża Dimech and as for one fourth (1/4) undivided share and the remaining one fourth (1/4) undivided share to the sub-owner Joseph Dimech who is already sub-owner as for other the remaining one half (1/2) undivided share, so that Joseph Dimech is the sub-owner of three quarters (3/4) undivided share whilst Tereża Dimech is the subowner of the remaining (1/4) undivided share;
That the portion of developable land of total area 80.47 square canes that is 353.26m² which in part and that is 73.15 square canes that is 321.13m² known as Tal-Faxx and which other part and that is 7.32 square canes that is 32.13m² known as Ta’ Sqaq iż-Żeċċuk, in the limits of Tal-Gozzo in Ħal Balzan, given under sub-perpetual emphyteusis as stated in the contract of the 22nd May, 1961, in the records of Notary Salvatore Abela, from Jospeh Dimech and Paolo Dimech in favour of John Cassar, effectively forms part of a bigger portion of land granted from Benjamin Farrugia in favour of the said Joseph Dimech and Paolo Dimech through another sub-perpetual empyhyteusis;
... omissis ...
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of a half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Benjamin Farrugia regarding this property is half (1/2) of €46.97 and that is €23.49;
... omissis ...
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia regarding this property is half (1/2) of €2.56 and that is €1.28;
... omissis ...
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba regarding this property is half (1/2) of €25.23 and that is €12.62;
... omissis ...
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual groundrent above mentioned regarding the unknown inheritance of Maria Josephine Bugeja regarding this property is half (1/2) of €8.52 and that is €4.26;
... omissis ...
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding this property is half (1/2) of €0.32 and that is €0.16;
The applicants wish to avail themselves of the option in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem the same groundrents and subgroundrents regarding the property 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, in terms of the same law;
That the amount of €37.50 representing the annual and perpetual subgroundrent above mentioned due to Architect Joseph Dimech and Tereża Dimech, capitalised at the rate of 5%, amounts to €750.00;
That the amount of €23.49 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of Benjamin Farrugia, capitalised at the rate of 5%, amounts to €469.80;
That the amount of €1.28 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, capitalised at the rate of 5%, amounts to €25.60;
That the amount of €12.62 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, capitalised at the rate of 5%, amounts to €252.40;
That the amount of €4.26 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Josephine Bugeja, capitalised at the rate of 5%, amounts to €85.20;
That the amount of €0.16 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg, capitalised at the rate of 5%, amounts to €3.20;
Thus, the applicants are requesting this Honourable Court and under its authority are depositing the amount of €1,586.20 to redeem this groundrent and subgroundrent which amount may be freely withdrawn by:
1. €750.00 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to Architech Joseph Dimech and Tereża Dimech regarding the above mentioned property, by the respondents Architect Joseph Dimech and Tereża Dimech, in their capacity and this after leaving the relative receipt according to law;
2. €469.80 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of Benjamin Farrugia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Benjamin Farrugia in their capacity and this after leaving the relative receipt according to law;
3. €25.60 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and due to the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia in their capacity and this after leaving the relative receipt according to law;
4. €252.40 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba in their capacity and this after leaving the relative receipt according to law;
5. €85.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Maria Josephine Bugeja, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Maria Josephine Bugeja in their capacity and this after leaving the relative receipt according to law;
6. €3.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg in their capacity and this after leaving the relative receipt according to law.
Depositors:
29, Mystica, Triq il-Mehrież, Ħ’Attard
Respondents:
Joseph Dimech, Villa Marisa, Triq Fortunato Mizzi, Rabat, Gozo
Deputy curators, Superior Courts, Valletta
Notification:
Director Public Registry, 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 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 Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 973
973By a decree of the Small Claims Tribunal of the 4th February, 2019, 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).
Yasmine Amri (ID 513894M) of 22, Water Gate, Triq Victor Denaro, Msida, filed a Claim on the 1st February, 2019, whereby she asked the Tribunal to condemn Elkurbio Mohammed Ali M (ID 0132137A) of 59, Victoria, Flat 8, Triq il-Kappillan Mifsud, Ħamrun, to pay the plaintiff the sum of €1,793.60 which amount is due to the plaintiff.
With costs
The case (Claim Number 15/19KCX) is deferred on the 11th July, 2019, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 974
974By a decree of the Small Claims Tribunal of 6th December, 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).
Insignia Cards Limited (C 54426) of Level 4, Palazzo Spinola, 46, Triq San Kristofru, Valletta VLT 2464, filed a Claim on the 4th December, 2018, whereby they asked the Tribunal to condemn Graziella Gambin (ID 14786M) of 42, The Village Court, Fl. 3, Triq Dun Franġisk Sciberras, Mellieħa, to pay the plaintiff company the sum of €1,083.74 which amount is due to the plaintiff company.
With costs and interest
The case (Claim Number 562/18KCX) is deferred on the 10th July, 2019, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 975
975By means of a decree of the 17th June, 2019, of the Rent Regulation Board, in the records of the Application in the names ST Properties Ltd vs John Austin Yavorsky, Application Number 72/2019JD, the following publication was ordered for the purpose of effecting service on the respondent John Austin Yavorsky 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 ST Properties Ltd (C 78261) vs John Austin Yavorsky (ID 0168850A) filed before the Rent Regulation Board on the 8th April, 2019, the applicant ST Properties Ltd requested with respect:
By means of a lease agreement dated 6th January, 2017, the applicant gave by title of lease to the respondent the apartment number 7811 found in 154, The Strand, Gżira for a period of twelve months, a copy of which is here attached and marked as Doc. ST1;
That in terms of the agreement mentioned above, the respondent obliged himself to pay the rent of €2500 excluding VAT per month payable in advance;
The agreement of the 6th January, 2017, was extended by means of another agreement entered into on the 22nd November, 2017 (a copy of which is here attached and marked as Doc. ST2) and by means of this agreement, the amount of rent payable per month with effect from the 13th January, 2018, was added to the amount of €2600 per month excluding VAT, payable in advance;
Although this lease expired on the 13th January, 2019, the respondent is till today in default of payment due and the obligations arising from the agreement mentioned above;
The respondent is in default of payment of the rent on the said apartment for the period between the 13th November, 2018, till the 12th January, 2019, and this as results from the attached statement marked as Doc. ST3, and which amounts, according to the same agreement, were due to the paid by the respondent;
In addition, the respondent is to pay the penalty arising from the same agreement as a result from his failure to comply with his contractual obligations in so far as regards the failure to pay rent on the due date and also the failure to pay the water and electricity bills on the date on which they ought to have been paid in terms of the agreement, and which, for the period from 13th November, 2018, till 12th January, 2019, amount to €10,797 as results from the attached Doc. ST3;
The respondent had already paid the sum of €5,000 by way of deposit upon the signing of the lease agreement aforementioned, which deposit is being deducted from the amount due by the respondent such that the balance due by him is of €11,322.51;
The respondent was solicited several times, including by means of a legal letter dated 18th December, 2018 (copy attached and marked as Doc. ST4) and official letter dated 7th January, 2019, attached Doc. ST5) so that they pay immediately the amount due by him as above explained, but he remained in default and did not affect any payments;
These procedings had to be made for the execution of the debt above mentioned arising from the lease agreement above mentioned.
Thus, the applicant is requesting with respect this Board to:
a) Declare that the respondent is debtor of the applicant company in the amount of €5,200 representing the arrears of rent due by the respondent to the applicant company for the period between the 13th November, 2018, till the 12th January, 2019;
b) Declare the respondent as debtor to the applicant company in the amount of €325.51 respresenting the arrears of payments due by the respondent to the applicant company for the consumption of water and electricity for the period betweent the 21st August, 2018, and the 12th January, 2019;
c) Declare that the respondent is debtor to the applicant company in the amount of €5,797 representing the penalties due by the respondent to the applicant company because of the breach of his contractual obligations in terms of the same agreement for the period of the 13th November, 2018, till the 12th January, 2019;
d) Condem the respondent to pay the applicant company the total amount of €11,322.51.
With costs, including those of the judicial letter dated 7th January, 2019, and with interest from the date of the application against the respondent that is from now summoned so that a reference to his oath be made and reserving any rights for any other action for damages against the same.
Applicant: 143, The Strand, Gżira
Respondent: Villa Genciana, Triq Fomm il-Għeliem, Swieqi
The application in the names ST PropertiesLtd vs John Austin Yavorsky, Application Number 72/2019JD, has been postponed for hearing to the 11th July, 2019, at 9.15 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 976
976By means of a decree given by the First Hall Civil Court on the 10th June, 2019, in the records of the Sworn Application in the names Mallia Wilfred Paul vs Azzopardi Daniel, Application Number 126/19 TA, the following publication was ordered for the purpose of service of the service of the defendant Daniel Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed in the Civil Court First Hall in the names Wilfred Paul Mallia (ID 625350M) vs Daniel Azzopardi (ID 347682M) on the 11th February, 2019, the applicant Wilfred Mallia (ID 625350M) asked this Honourable Court:
1. To declare that the defendant violated the obligation of the repayment of loan agreed in the loan agreement between the parties of the 15th May, 2016, and consequently declare that the defendant is a debtor of the plaintiff in the sum of €215,000, besides a further sum representing interests as agreed between the parties and as provided by law.
With costs and interest as demanded against the defendant summoned so that a reference to his evidence be made
The Sworn Application in the names Mallia Wilfred Paul vs Azzopardi Daniel, Application Number 126/19 TA, has been deferred to the 30th September, 2019, at 10.00 a.m.
Defendant: Beatrice, 66/67, Triq Amery, Tas-Sliema
ADV. FRANK PORTELL, LLD
For the Registrar, Civil Courts and Tribunals
Notice 977
977Notice Registry of the Civil Court (Family Section)
Whereas the plaintiff Luisianna Sciberras (ID 100487M) filed an application under oath (no. 143/19 AL) demanding corrections of the Act of Birth of the minor Denzel Sciberras number 1008/09 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
RITA VELLA BALDACCHINO
For the Registrar, Civil Courts and Tribunals
Notice 978
978Notice Registry of the Civil Court (Family Section)
Whereas the plaintiff Desiree Gauci (ID 353399M) filed an application under oath (no. 109/19 AL) demanding corrections of the Act of Birth of the minor Kai Camilleri, number 4615/18 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
RITA VELLA BALDACCHINO
For the Registrar, Civil Courts and Tribunals