Court Notices published in Govt. Gazette No. 20,232 of 16th July 2019

ARB/C039/2019 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 9th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Simone Grech LLD). Compilation Number 404/2019 in the case:

The Police

(Inspector Jonathan Cassar)

Versus

JUSTIN FARRUGIA, 28 years, son of Dorothy née Farrugia, born in Tal-Pietà, Malta on the 9th April, 1991, residing at 85, Triq Sant'Orsla, Valletta, and holder of Maltese Identity Card bearing number 228891M.  

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to JUSTIN FARRUGIA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive as salary, pension and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

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

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

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

ARB/C040/2019 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Ian Farrugia LLD). Compilation Number 421/2019 in the case:

The Police

(Inspector Anthony Scerri)

Versus

NIGEL MUSCAT, taxi driver, 23 years, son of Joseph and Susan née Schembri, born in Tal-Pietà, Malta on the 25th August, 1995, residing at 64A, Triq Verdala, Cospicua, and/or 234, Lemanique, Flat 5, Triq ix-Xgħajra, Ħaż-Żabbar, and holder of Maltese Identity Card bearing number 361195M.  

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to NIGEL MUSCAT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

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

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

The Director, Asset Recovery Bureau

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 7th August, 2018, following a request by Mario Falzon et it was ordered that deputy curators be chosen to represent the unknown emphetueta or sub emphetueta in the acts of the schedule of deposit number 1487/2018 in the names Mario Falzon 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 Mario Falzon (ID 515972M), self employed, son of Elia Falzon and Maria née Sammut, born in Tal-Pietà and residing in St Julian's together with his wife Greta Falzon Aloisio (ID 515474M), housewife, daughter of Taddeo sive Deo Aloisio and Jude sive Dea née Fabri, born in Ħ'Attard and residing in St Julian's vs Deputy Curators to represent the unknown emphyteutae and sub emphyteutae, on the 6th August, 2018, the applicants Mario Falzon and his wife Greta Falzon Aloisio respectfully submitted:

That by means of a deed of emphyteusis in the records of Notary Ettore Francesco Vassallo of the 15th March, 1932 (Doc. A) an annual and perpetual groundrent was imposed on a piece of land, in Triq Lapsi, St Julian's, sometimes referred to as Tas-Sliema, from Maria Bugeja, Maria Emilia Bugeja, Winifred Bugeja, Alice Bugeja, Matilda Bugeja and Giuseppe Bugeja. At that time this piece of land in St Julian's, sometimes referred to in Tas-Sliema, is of measurement of about 448 square canes, equivalent to 1967m² which includes the necessary space for the construction of the road that may pass on this site, bounded from the South by property of the heirs of Carmelo Bugeja, from the North with part of Strada Alfonsu and in part with property of Nicola Aquilina, from the East with property of Giorgio Zammit and from the West with property of Carmelo Vella and in part with property of Costantinu Micallef, free and unencumbered from any burden other than the annual and perpetual ground rent which was imposed by this deed and namely that of eighty-two pounds sterling £82.00 equivalent to €191 per year;

That by means of a deed of sub-emphyteusis in the records of Dr Ettore Francesco Vassallo dated 4th July, 1932 (Doc. B) an annual and perpetual subgroundrent was imposed on a piece of land in Triq Lapsi, St Julian's, sometimes referred to as in Tas-Sliema, from Francesco Barbuto and Giovanni Borg. This land at that time was situated in a new road that was still under construction and without name, that looks on Strada Rudolfu, of superficial measurement of about 67½ square canes equivalent to 297m² bounded from the North with the said road without name, from the North in part with Strada Alfonsu and in part with property of the same Nicola Aquilina, from the West and from the East with property of the sub-grantors and this as subject to the annual and perpetual groundrent of twelve sterling, thirteen shillings and one penny and a half (£12.12,1½) equivalent to €29.49;

By means of a deed in the records of Notary Marco Burlò dated 28th March, 1994 (Doc. C) the applicants, spouses Falzon, acquired the house with official number 54, Triq Lapsi, St Julian's, as subject in part to the annual and perpetual groundrent and subgroundrent that was imposed on a bigger land as better described in the first and second paragraph above that amounts to about €10.27;

That today three apartments were built instead of the house and two of them are property of spouses Falzon and the other one property of third parties because it was sold by the spouses Falzon, which three apartments are subject together to the annual and perpetual groundrent of €4.91 and annual and perpetual subgroundrent of €5.36;

That regarding the two apartments that are still property of the applicants the sum of €16.36 representing the groundrent due for the last five years and the sum of €178.87 representing the payment of the subgroundrent for the last five years;

The applicants wish to avail themselves of the option in Article 1501 et sequitur of Cap. 16 of the Laws of Malta and thus redeem the same groundrent and sub groundrent due, which groundrent amounts to €65.47 capitalised at the rate according to law, and also the sub groundrent which amounts to €71.47.

Thus, the applicants would like to avail themselves in terms of the right available to them in Article 1501 et sequitur of Cap. 16 of the Laws of Malta and are redeeming the groundrent and sub groundrent regarding:

i. The apartment internally marked as number 2, sometimes referred to as 54A, and sometimes erronously referred to as Flat 1 on the second floor, in the block with official number 54, without name, Triq Lapsi, St Julian's, together with one third of the common parts and one half (1/2) undivided share of the lift, lift shaft and stairs of the common parts where there are apartments one and three here described and also;

ii. On the duplex penthouse internally marked with number 3 sometimes referred to as 54B, with free airspace, on the third and fourth floor in the block with official number 54 without name, Triq Lapsi, St Julian's, together with one third (1/3) of the common parts and one half (1/2) undivided share of the lift, lift shaft and stairs of the common parts where there are apartments two and three.

And such that they free themselves from any responsibility, they are calling upon this Honourable Court and under its authority are depositing:

a) The pending amount of €34.23 representing payment of groundrent and sub groundrent for the last five years;

b) The sum of €136.94 representing the sum due for the redemption of the annual and perpetual groundrent and sub groundrent due,

which may be freely withdrawn by whom has a right to it after leaving the relative receipt according to law.

Applicants:

Spouses Falzon, 54, Flat 2/54A, Triq Lapsi, St Julian's

Service:    

Director Public Registry

6/7, Alley 1, Triq it-Torri, Mosta

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 Giannino Caruana Demajo, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd May, 2019, following a request by Bank of Valletta p.l.c. it was ordered that deputy curators be chosen to represent the respondent company Cake Masters Limited in the acts of the judicial letter number 1838/2019 in the names Bank of Valletta p.l.c. vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed on the 21st May, 2019, Bank of Valleta p.l.c. of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, solicits deputy curators to represent Cake Masters Limited (C 23518) so that within two days they pay the amount of €689,311.66 balance of debt in the Current, Overdraft and Loan Account of the company Cake Masters Limited (C 23518) with Bank of Valletta p.l.c. together with further interest from the 6th May, 2019, till the date of effective payment.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.

Interpellants: Bank of Valletta p.l.c. (C 2833), 1/5 Misraħ San Ġorġ, Valletta VLT 1190

Respondent: 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, above mentioned, with the witness of the Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 8th of July, 2019 (Application number 68/2019BS) Elizabeth Saliba and others requested the opening of the succession of Joseph Saliba, son of the late Joseph Saliba and Jane née Caruana, born and used to reside in Għasri, Gozo, died in Victoria, Gozo, on the eighth (8th) of July of the year two thousand and eighteen (2018), intestate, which opening of succession is to be made in favour of Elizabeth Saliba as to one half (1/2) undivided share and in favour of Raymond and Ivan brothers Saliba as to one fourth (1/4) undivided share each.

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.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given on the 11th of June, 2019, by the Civil Court (Voluntary Jurisdiction Section) in the application number 740/19 filed on the 2nd of May, 2019, by Jesmond Mercieca, Peter Mercieca and Carmen Mercieca whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Herbert Paul Mercieca, son of Peter Mercieca and Carmen Mercieca née Attard, born in Ħ'Attard on the 9th of April, 1974, with birth certificate number 2186/74, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Herbert Paul Mercieca is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned.

MELISSA GALEA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 8th July, 2019, in the records of the judicial letter number 1629/19 in the names Advocate Dr Rita Mifsud noe vs Ryan Joseph Micallef et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Ryan Joseph Micallef in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Ryan Joseph Micallef (ID 79791M) of 63, Triq Sidtna tal-Anġli, Ħaż-Żebbuġ, Malta and/or 60, Triq id-Dejqa, Ħal Lija

By means of this present Advocate Dr Rita Mifsud (ID 472696M) of 36, Triq l-Arċisqof, Valletta as special mandatory and for and on behalf of the absentee Darrall Greig Richard Hodgson (passport number 537920825) makes reference to the accident which occured on the 24th May, 2017, on the boat Corsica, and this during a boat ride operated by the entity Supreme Power Boats, and offered to the interpellant by the respondent company Supreme Travel Limited, and as a result of this accident the interpellant suffered physical and material damages, and which accident occurred solely because of lack of skill, carelessness and non observation of the health and safety regulations of the passengers whilst on board the said boat on the part of the respondent Ryan Joseph Micallef, as captain who was sailing the boat at the time of the accident, the company Supreme Travel Limited which employs the same captain and this as entity that provided the service to the interpellant, and Aaron Abela as the registered operator of the commercial vessel.

You are thus being solicited so that you come forward for the liquidation of damages caused to the interpellant because of the said accident and in default you are warned that further procedures will be taken against you without further notice.

This judicial letter is being sent in terms of Article 2128 of Cap. 16.

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

With costs

Interpellant: 36, Triq l-Arċisqof, Valletta

Notification: Ryan Joseph Micallef, 63, Triq Sidtna tal-Anġli, Ħaż-Żebbuġ, Malta and/or 60, Triq id-Dejqa, Ħal Lija

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 28th May, 2019, following a request by Ta' Dernis Properties Limited it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 980/2019 in the names Ta' Dernis Properties Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent and sub groundrent filed in the First Hall of the Civil Court, in the names Ta' Dernis Properties Limited (C 45644) with official registered office 128, Triq San Bartilmew, Ħal Qormi vs deputy curators to represent the unknown owners, on the 27th May, 2019, the applicant Ta' Dernis Properties Limited respectfully submitted:

That the applicant is the utilista of the house with official number 117, St Edward House, in Triq San Dwardu, Ħal Qormi, which house has another door which abuts on Triq il-Ġdida officially number 60, including all its free airspace and also including the cellars numbered officially 54 with all the subsoil of the same property and with all its rights and appurtenances; and of the premises numbered 52 with the name London, in Triq il-Ġdida, Ħal Qormi which in part is overlying the property hereabove mentioned numbered officially 60, and the garages, however including its airspace with all its rights and appurtenances and of the two garages numbered officially 58 and 56 previously 39 and 40, in Triq il-Ġdida, Ħal Qormi, without their airspace, with their rights and appurtenances or of any other building which may have been constructed instead of the said immovable, as subject together to the total annual and perpetual groundrent and sub groundrent of €24.04, with all their rights and appurtenances. A Site Plan of the Lands Registry of the same immovables are here attached and marked as Document A. The contract of the same immovable is here attached and marked as Document 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 same groundrent and sub groundrent capitalised at the rate 5% which groundrent and sub groundent amount to €480.80.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €480.80 representing redemption of groundrent and sub groundrent in favour of the respondents above mentioned so that this amount as deposited may be freely withdrawn after leaving the relative receipt according to law.

Applicants:

Ta' Dernis Properties Limited, 128, Triq San Bartilmew, Ħal Qormi

Service:    

Director Public Registry

Director Lands Registry

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, 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 Lorraine Schembri Orland, LLD, Doctor of Laws.

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 10th June, 2019, Application number 968/2019 by Lavinia Micallef and Dennis Micallef 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 their father Paul Micallef, widower of Maria Dolores Micallef née Barbara, son of the late Paul Micallef and Mary Micallef née Galea, born in Rabat, Malta and resided in Ħaż-Żebbuġ, Malta and died in Ħaż-Żebbuġ, Malta on the 29th December, 2018, aged 71, and who held identity card number 0584747M.

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

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd May, 2019, Application number 752/2019 by Isabelle Warrington et whereby they requested that it be declared open in favour of Isabelle Warrington, Shirley Mansfield and Monica Mohtari in the quota of one third (1/3) undivided share each one of them the succession of their mother Franca Warrington, widow of Alexander Warrington, daughter of the late Salvatore Zammit Hammet and Emma Zammit Hammet née Camilleri, born in Valletta, Malta, resided in Ħal Balzan, Malta and died in Ħal Balzan, Malta on the 19th January, 2019, aged 83, who held identity card number 0440635M.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th June, 2019, Application number 979/2019 by Ian and Ryan brother Fiorentino whereby they requested that it will be declared open in their favour in equal shares between them the succession of their father Victor Fiorentino, son of the late Oreste Fiorentino and Ġużeppa sive Josephine Fiorentino née Bonnett, born in Senglea and resided in Senglea, and died in Senglea on the 14th March, 2019, aged 65, and who held identity card number 0381253M.

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

By means of a decree of the 6th March, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2427/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Dimitry Seluk, the following publication was ordered for the purpose of effecting service on the respondent Dimitry Seluk in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Dimitry Seluk (ID 126169A) of 1802, Fort Cambridge East 3, Level 18, Triq Tigne, Tas-Sliema

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 €1,092.85, 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 411000083923 regarding the premises E3-1802, Fort Cambridge, Tigne, Tas-Sliema.

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

By means of a decree given by the Court of Appeal on the 27th June, 2018, in the records of the Application in the names Carlo Muscat vs Jazz Cave Ltd, Application Number 309/17, the following publication was ordered for the purpose of service of the respondent Carlo Muscat, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Court of Appeal, in the records of the Notice Number 309/17, in the names Carlo Muscat (ID 105788M) vs Jazz Cave Ltd (C 75655) on the 13th March, 2018, the appellant defendant company Jazz Cave Ltd (C 7655) respectfully pleaded:

That by a partial judgement given by the Small Claims Tribunal on the 23rd February, 2018, the Tribunal decided the cause by rejecting the demands of the appellant company in order that it be authorised to present a late reply with its contestations to the plaintiff's demands and declared it contumacious.

That the appellant company felt aggrieved by this partial judgement of the Tribunal and is filing this Appeal in terms of Article 8 of Cap. 380 of the Laws of Malta, in order to ask this Court to cancel and revoke the judgement appealed in toto in so far as it rejected all the demands of the appellant company and this because the judgment appealed was an arbitrary judgement that violates the principles of natural justice once the respondent company was not allowed to present its reply and was declared contumacious notwithstanding the fact.

… omissis …

That the appellant company submitted that when it recieved the Notice of the Claim and the Notice of Hearing, by mistake and due to an oversight and because they did not understand the nature of the documents, they failed to present a reply within the term given by Law.

… omissis …

That the appellant company submits that the Tribunal was mistaken when it declared that the company quotes Regulation 12 of the Regulations regarding the Small Claims Tribunal, but this does not exist. On the contrary this Regulation 12 truly exists and is found in the Subisidiary Legislation with number 308.01 entitled 'Rules Relating to the Small Claims Tribunal' which Article reads as follows.

… omissis …

The appellant company insists that when the interpellant company received the said Notices and even after the date when the reply had to be filed it was not assisted by an Advocate for this case and thus in terms of Regulation 12 above mentioned when a party is not assisted by an Advocate or another professional representative, the Adjudicator can free the party from the consequences there may be in the lack of observance of one of the regulations.

… omissis …

That the appellant company gave a valid justification why it did not appear personally during the first sitting of the 27th October, 2017.

… omissis …

The Tribunal ignored the fact that during the second sitting of the 19th January, 2018, the Director of the appellant company Mohsaen Selim Mansour AL Hawary appeared for the sitting.

… omissis …

That although Article 13 of Cap. 380 of the Laws of Malta provides that 'if the defendant fails to appear, the adjudicator can decide the cause in default of the defendant', the Tribunal always has the discretion in this regard.

Once the appellant company provided a justification because it failed to appear personally during the first sitting of the 27th October, 2017, and appeared personally during the second sitting, in the humble opinion of the appellant company the Tribunal had to exercise this discretion in favour of the appellant company.

In this regard the appellant company refers to the judgement of the Small Claims Tribunal, Claim Number 30/2008, in the names John Bartolo vs Celestino Cini, Court of Appeal, by Honourable Judge Philip Sciberras.

Thus for the reasons above brought forward and other reasons according to law that can be brought forward during the pleading of this Appeal, the appellant company humbly prays this Honourable Court to uphold all its demands and declare that it is authorised to present a late reply with a formal contestation to the demands of the respondent applicant and revoke and cancel the judgment appealed of the Small Claims Tribunal in whole and send back the records to the Tribunal for a decision according to law, with costs of this appeal against the respondent applicant.

Notify: Carlo Muscat, 81, Summer Season, Flat 3, Triq Parabes, St Paul's Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 30th April, 2019, Application number 734/2019 by Rita Muscat, whereby Giovanna sive Jane Muscat, born on the 3rd February, 1941, and residing in Ħamrun, holding identity card number 01134411M, was interdicted by means of a decree given on the 16th May, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th June, 2019, Application number 978/2019 by Moira Chetcuti and others whereby they requested that it will be declared open in favour of the same Moira Chetcuti née Camilleri, 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 Neil Chetcuti, son of the decujus the succession of Mark Chetcuti, son of the late Albert Chetcuti and Carmela Chetcuti née Schembri, born in Cospicua and resided in Mosta and died in Santa Venera, Malta on the 27th March, 2019, aged 57, and who held identity card number 0154462M.

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

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 20th of June, 2019, and this after a written plea numbered 376/2019, ordered:

The correction of the Act of Marriage of Idriss Isa Kuzeni Sare and Aloysia Mercieca, bearing number 2640 of the year 2013, under the column entitled "Particulars of the Husband – Name and Surname", the surname "Isa Kuzeni Sare" is to be cancelled and substituted with the words: "Sare Kuzeni Isa"; the nationality of the applicant is to be registered as "Ghanaian", and in the column entitled "Date and Place of Birth" the place of birth is to read "Accra, Ghana".

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 31st May, 2019, in the records of the judicial letter number 1073/19 in the names Paul Farrugia et vs Kurt Galea Pace, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Kurt Galea Pace in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Kurt Galea Pace (ID 243667M) of 20, Villa Fairview, Triq V. Boron, Naxxar

By means of this present Paul Farrugia (ID 179961M) and Roseanne Farrugia (ID 449167M) of 44, Spring Haven, Triq Dun Mikiel Xerri, Ħ'Attard, whilst making reference to the constitution of debt deed of the 23rd December, 2016, in the records of Notary Doctor David Joseph Borg where you constituted yourself as debtor in favour of the interpellants spouses Farrugia in the amount of €63,800 which sum is still due by you, solicits you so that within two days you pay the amount of €63,000.

In addition, the interpellants warn you that for all the purposes and effects of law this judicial letter is being made on the basis of article 256 of the Code of Organisation and Civil Procedure, and accordingly, by means of which they are rendering the constitution of debt deed above mentioned an executive title according to law.

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

With interest and costs

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 10th June, 2019, Application number 967/2019 by Maria Dolores Giordimaina and others  whereby they requested that it will be declared open in  favour  of the same Maria Dolores Giordimaina, 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 Michael Giordimaina and Marlene Micallef, children of the decujus in equal shares between them the succession of George Giordimaina, son of the late Ambrosius Giordimaina and Maddalena nee Micallef, born in Tal-Pietà, resided in Rabat, Malta and died in Tal-Qroqq, Msida, Malta on the 1st November, 2018, aged 67, and who held identity card number 0534251M.

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th April, 2019, Application number 707/2019 by Antoinette Myatt et whereby they requested that it will be declared open in favour of Antoinette Myatt, widow of the decujus, and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Sharon Galea, Maureen Grech and Kurt Myatt brothers and sisters Myatt, children of the decujus in equal shares between them the succession of Anthony Peter sive Anthony Myatt, husband of Antoinette Myatt, son of Albert Henry Myatt and Antonia Myatt née Camilleri, born in Bradford, Manchester, United Kingdom and resided in Mosta and died in Tal-Qroqq, Msida, on the 18th April, 2018, aged 66, and who held identity card number 0515182M.

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

By means of a decree of the 2nd July, 2019, in the records of the judicial letter number 225/19, in the names Finance House plc vs Clyde Cassar, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Clyde Cassar in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Clyde Cassar (ID 507677M) of 8, Triq it-Tempesta, St Paul's Bay, Malta

By means of this present Finance House plc (C 58869) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ solicits you so that immediately you pay the amount of €1142.91 besides the legal interest from the expiry of each bill of exchange till the day of effective payment, representing five (5) instalments of five (5) bills of exchange each of a value of €224.53, which bills of exchange expired on the 1st day of each month from August 2018 till December 2018 (copies attached and marked as Doc. A1 and Doc. A2).

This judicial letter is being sent in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the day of notification of this judicial letter you will not show this Court grave or valid reasons to oppose the execution of these bills of exchange, so the credit will be rendered executive title and all the executive warrants will be issued against you according to law.

This judicial letter is being sent in terms of Articles 253(e) and 256(2) of Cap. 12 of the Laws of Malta to render executable the bills of exchange and in case you do not file an application within twenty (20) days as from the day of notification of this judicial letter in terms of Article 253(e) of Cap. 12 of the Laws of Malta to oppose the execution of the same bills of exchange if the signature on the bills of exchange is not yours or of your mandatary of if there are grave and valid reasons to oppose this execution, the said bills of exchange will be rendered executable.

So much so you may know how to proceed and regulate yourself and with costs against you.

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 10th June, 2019, Application number 963/2019 by Ramona Portelli whereby she requested that it will be declared open in favour of the same Ramona Portelli, 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 Michele and Grazielle siblings Portelli, children of the decujus in equal shares between them the succession of Christopher Portelli, son of Emanuel Portelli and Emmanuela née Tabone, born in Tal-Pietà and resided in Żejtun and died in Tal-Qroqq, Msida, Malta on the 1st January, 2019, aged 45, and who held identity card number 0277073M.

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

By means of a decree of the 28th June, 2019, of the Courts of Magistrates (Malta) in the records of judicial letter number 786/19, in the names Elmo Insurance Limited vs Alexander Attard noe et, the following publication was ordered for the purpose of effecting service on Alexander Attard noe and Pierre (Pierre-Gaetan) Spiteri in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Alexander Attard (ID 840452M) for and on behalf of Project Development International Limited (C 24640) of Magnolias, Triq is-Slielem, Swieqi, and Pierre (Pierre-Gaetan) Spiteri (ID 354771M) of 23, Trejqet ix-Xilep, Xgħajra.

By the present Elmo Insurance Limited (C 3500) of Triq Abate Rigord, Ta' Xbiex, makes reference to the accident that occurred on the 2nd September, 2018, in Triq is-Sewwieqa, Ħamrun between the vehicle with registration number IBW-519, property of Alexander Attard and/or Project Development International Limited (C 24640) and driven by Pierre Spiteri, and the vehicle with registration number BKT-002.

It results that although you were solicited several times to file the respective claim with the interpellant company you remained in default till today, thus you are exposing the interpellant company for damages and legal costs. In addition, this default on your part is putting the interpellant company in a position where it cannot defend you in any proceedings that may be taken against you regarding the said accident.

Thus, by means of this present, the interpellant company is formally soliciting you that it is keeping you solely and exclusively responsible for any damages and/or costs that may be incurred by the same interpellant company following the said accident, including interests and legal costs.

With costs, including this present, and with legal interest from the date of this present till the effective payment.

So much for your own guidance and to avoid useless costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 2nd day of July, 2019, and this after a written plea numbered 409/19, ordered:

The correction of the Act of Death of Dolores Cutajar, bearing number 1482 of the year 2016, in the column entitled "Particulars respecting the deceased – Whether married or unmarried, widower or widow", the incorrect word "widow" is to be cancelled and substituted with the correct word "wife".

Court of Revision of Notarial Acts

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

Republic 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 Anthony Scerri et it was ordered that deputy curators be chosen to represent  Annunzjato sive Lany Calleja and Rose Vassallo and the unknown heirs of Alfred Calleja  in the acts of the schedule of deposit number 1555/2018 in the names Anthony Scerri 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 Anthony Scerri, son of Anthony and Mary nee Grech, born in Ħal Qormi (ID 687951M) and his wife Sandra Lynette Scerri daughter of Gordon Carter and Joan nee Cooke, born in New Guinea (ID 0878801L) both residing at 46, Tambaran, Triq il-Mediterran, St Julian's vs Deputy curators to represent Annunzjato sive Lany Calleja, Rose Vassallo and the unknown heirs of Alfred Calleja to receive the amounts hereunder mentioned, on the 22nd August, 2018, the applicants Anthony and Sandra spouses Scerri respectfully submitted:

That by means of a contract in the records of Notary John Patrick Hayman of the 6th February, 2001, the applicants acquired the house, terraced house, without number, holding the name Lions' Den and the underlying apartment holding the name Taz that forms an integral part with the said house in Triq il-Mediterran, St Julian's as better described in the contract (the Property) and as subject to the annual and perpetual groundrent of Lm50 equivalent to €116.47; copy of the contract and plan are being attached with the schedule of deposit and marked as Doc. A and Doc. B respectively;

Annunzjato Calleja (1/4 undivided share), Paul Vassallo (1/4 undivided share) and Alfred Calleja (I/2 undivided share), by means of a contract in the records of Notary John Spiteri Maempel dated 2nd September, 1968 (copy here attached and marked as Doc. C) sold and transferred a portion of land on which the Property is built as subject to the annual and perpetual sub-groundrent.  The origin of this groundrent results from the records of Notary Joseph Brincat dated 18th March, 1966 (copy  here attached and marked as Doc. D);

The groundrent due to the respondents amounts to Lm13.55 equivalent to €31.56 in the portions of 25% to Annunzjato Calleja, 25% to Paul Vassallo and 50% to Alfred Calleja;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code Chapter 16 of the Laws of Malta and thus redeem the same groundrent in terms of the same law;

The sum of €31.56 capitalised at the rate of 5% amounts to €631.20.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €631.20 representing the price for the redemption of the annual and perpetual sub groundrent due which may be freely withdrawn by the respondents in their proportions above mentioned after leaving the relative receipt according to law.

Applicants: 

46, Tambaran, Triq il-Meditteran, St Julian's

Service:

Director Public Registry

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 Grazio Mercieca LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 7th March, 2019, Application number 422/2019 by Emmanuel Bonanno, whereby Dolores Bonanno, daughter of Antonio Fenech and Maria Stella née Agius, born in Mellieħa on the 16th May, 1935, and residing in Mellieħa, aged 84 and holding identity card number 454635M, was interdicted by means of a decree given on the 30th May, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals