Court Notices published in Govt. Gazette no. 20,250 of 16th August, 2019

By means of a decree given by the Civil Court First Hall on the 30th July, 2019, in the records of the Application in the names Eighty Two Company Limited and Matthew Farrugia vs Carmelo Stivala Group Limited, Application Number 634/19 JZM, the following publication was ordered for the purpose of service of the respondents Eighty Two Co. Ltd and Matthew Farrugia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application in the records of the Precautionary Garnishee Order number 671/2019, in the names Eighty Two Company Limited and Matthew Farrugia vs Carmelo Stivala Group Limited, on the 16th June, 2019, the applicant Carmelo Stivala Group Limited (C 62625) in terms of Article 836 of Cap. 12 of the Laws of Malta respectfully pleaded:

1. That by an application dated 23rd May, 2019, the respondents Eighty Two Company Limited and Matthew Farrugia asked for the issuing of a Precautionary Garnishee Order with number 671/2019 against the applicant company.

2. That by a decree dated 23rd May, 2019, the Honourable Court upheld the request and ordered the issuing of the said warrant.

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5. That from a reading of that brought forward above, both the basis for the demand for the issuing of the warrant as well as the basis for the sworn application is the preliminary agreement dated 26th October, 2017.

6. That as a factual background the following is stated:

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7. That the demand of the applicant company is made in terms of Article 836 (1) (c) (d) u (f) of Cap. 12.

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14. That the amount secured by the garnishee order, the revocation of which is being demanded, is neither prima facie justified and nor justifiable.

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17. That without prejudice to the premised, the Honourable Court is asked to apply the dictates of Article 838A of Cap. 12 of the Laws of Malta.

18. That due to this frivoulous and vexatious warrant against it, the applicant company is being deprived from using funds by means of which it can continue to generate business and this when the respondents know or should know that the applicant company has enough assets in order to secure its eventual condemnation on the basis of the demands made by the same respondents in the cause in the names Eighty Two Limited et vs Carmelo Stivala Group Limited (Sworn App. Number 572/19/ JZM).

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Thus, in view of the premised this Honourable Court is demanded:

1. To revoke the precautionary garnshiee order number 671/2019, in the names Eighty Two Company Limited and Matthew Farrugia vs Carmelo Stivala Group Limited and this in terms of Article 836 (1) (b) (c) and (d) and/or (f) of Cap. 12 of the Laws of Malta;

2. Condemn the respondents to pay the applicant company that penalty that it may establish in terms of pragraph (c) of Sub-Article (8) of Article 836 of Cap. 12;

3. Order the respondents to deposit a suitable guarantee for the payment of the penalty that may be imposed and of damages and interest as a consequence of the issuing of their warrant and of the lawsuit filed by them within a short and peremptory period and defer the application to another date after the date established by the Court so that in case the suitable guarantee ordered to be deposited is not so deposited, it removes the precautionary act.

Notify respondents:

Eighty Two Co. Limited, 17, Triq is-Suq, Floriana

Matthew Farrugia, 17, Triq is-Suq, Floriana

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 23rd May, 2019, in the records of the Sworn Application, in the names Gialanze Joseph et vs Grixti Antonella, Application number 408/19 LSO, the following publication was ordered for the purpose of service of the defendant Antonella Grixti, 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 Joseph Gialanze and his wife Carmen Gialanze, vs Antonella Grixti, on the 26th April 2019, the applicant Joseph Gialanze (ID 668044M) and his wife Carmen Gialanze (ID 490653M) for the reasons premised asked this Honourable Court:

1. To proceed to give judgement according to the plaintiff’s demand without proceeding to a hearing of the cause in terms of Articles 167 to 170 of the Code of Civil Procedure; and 

2. Condemn the defendant so that she immediately vacates the premises 37, Triq San Lawrenz, Ħaż-Żabbar, and to leave it void and in good condition.

With costs, against the defendant from now summoned so that a reference to her evidence be made.

The Sworn Application in the names Gialanze Joseph et vs Grixti Antonella, Application number 408/19 LSO, has been deferred for hearing to the 8th October, 2019, at 10.30 a.m.

Notify Defendant: 37, Triq San Lawrenz, Ħaż-Żabbar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 15th July, 2019, in the records of the Sworn Application, in the names Ballut Blocks Services Limited (C 8360) vs Jonathan Sant (ID 449685M) on the 5th June, 2019, the following publication was ordered for the purpose of service of the defendant Jonathan Sant, 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 Ballut Blocks Services Limited (C 8360) vs Jonathan Sant (ID 449685M) on the 5th June, 2019, the applicant Ballut Blocks Services Limited (C 8360) asked this Honourable Court:

1. To decide this cause without proceeding to a hearing in terms of Artices 167 to 170 of Cap 12 of the Laws of Malta, condemn the defendant to pay the plaintiff company the sum of one hundred thirty four thousand four hundred sixty eight euro anfd forty seven cents (€134,468.47) representing balance of price due by the defendant on an account current he has with the plaintiff company linked with various supplies of building material.

With costs besides legal interest from the 31st May, 2017, till the date of effective payment against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in the names Ballut Blocks Services Limited (C 8360) vs Sant Jonathan, Application number 558/19 LM, has been deferred for hearing to 11th October, 2019, at 9.00 a.m.

Notify Defendant; EL Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 29th July, 2019, in the records of the Sworn Application, in the names Love Matthew Dale vs Galea Pace Kurt et, Application number 510/19 MH, the following publication was ordered for the purpose of service of the respondent Kurt Galea Pace, 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 Matthew Dale Love (ID 070119A) vs 1) Kurt Galea Pace (ID 243667M) and 2) Vivien Galea Pace (ID 697545M) on the 28th May, 2019, the applicant Matthew Dale Love (ID 070119A) asked the respondent to state why this Honourable Court should not:

1. Declare and decide that the respondent Kurt Galea Pace failed to observe the conditions of the agreement between the parties when he did not finish the works he was engaged to do for the applicant in his premises 48, Triq Santu Rokku, Ħal Kirkop, within the time agreed between the parties and uphold the other demands in the application amongst which that it be declared that the respondents or either of them are debtors of the applicants in the sum of eighty-five thousand four hundred sixty-four euro and thirty-two cents (€85,464,32) or more correct sum representing the amount that the applicant passed to the respondents as anticipated payment for works that the respondent Kurt Galea Pace had accepted to carry out and liquidate the global sum being penalty due by the respondents or either of them.

With costs and legal interests till the date of effective payment against the respondents from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Love Matthew Dale vs Galea Pace Kurt et, Application Number 510/19 MH, has been deferred for hearing to Friday, 18, th October, 2019, at 9.00 a.m.

Notify Respondent: 20, Villa Fairview, Triq V. Boron, Naxxar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

IT is hereby notified that in virtue of a decree dated 13th of August, 2019, given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 80/2019(BS), the Court has ordered that Stephania Tabone, wife of Mark Tabone, daughter of Eugenio Cefai and Salvina Cefai née Camilleri, born in Rabat, Gozo, and resides in Żebbuġ, Gozo, (identity card number 16978G), and Maria Zahra, wife of Samuel Zahra, daughter of Eugenio Cefai and Salvina Cefai née Camilleri, born in Rabat, Gozo, and resides in Żebbuġ, Gozo (identity card number 6277G) have been nominated as curators of their interdicted father Eugenio Cefai, son of Martin Cefai and Rose Cefai née Saliba, born in Żebbuġ, Gozo, and resides in ‘Long Stay Ward, Psychiatric Wing, Gozo General Hospital, Gozo, (identity card number 9252G), and this together with the precedent curator Salvina Cefai, wife of same Eugenio Cefai, daughter of the late Carmel Camilleri and Rita née Cini, born and resides in Żebbuġ, Gozo, (identity card number 67356G).

DORIANNE CORDINA

For Registrar, Courts and Tribunals (Gozo)

By means of a decree given, by the Civil Court First Hall, on the 2nd August, 2019, in the records of the Sworn Application, in the names Spiteri Angelo et vs Galea Pierre, Application number 557/19 TA, the following publication was ordered for the purpose of service of the respondent Pierre Galea, 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 Angelo (ID 223255M) and Giuseppa k/a Josephine (ID 00817155M) spouses Spiteri vs Pierre Galea (ID 476967M) on the 5th June, 2019, the applicant Angelo (ID 223255M) and Giuseppa k/a Josephine (ID 00817155M) spouses Spiteri, asked this Honourable Court:

1. To condemn the respondent Pierre Galea, debtor in regard to the applicant in the sum of eighteen thousand three hundred eighty-five euro (€18,385) representing balance of loan, with interests or more correct sum with further interests, from the 1st January, 2019, till the date of effective payment.

With costs, as demanded the respondent is summoned so that a reference to her evidence be made.

The Sworn Application in the names Spiterri Angelo et vs Galea Pierre, Application number 557/19 TA, has been deferred for hearing to the 26th September, 2019, at 9.30 a.m.

Notify Respondent: 88, Symphony, Triq Jean De La Valette, Naxxar

ADV. FRANK PORTELLI, LLD

For the Registar, Civil Courts and Tribunals

By judgement given by the Civil Court, First Hall on the 16th July, 2019, by the Application number 465/2018LSO, in the names of Gifford Judith (ID 789146M) vs Perkins Michael (ID 526342M), Tuesday, 10 September, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The premises named ‘Villino Verde’ situated in Triq Valletta, Mosta, with its own airspace, overlaying third party property, including garage in the ground floor level as well as an landing leading to the main door of the villa which is situated on the first floor, subject to annual and perpetual ground rent of €40.18, bounded on the North by Triq Valletta, to the East by property of Carmelo Petroni or his successors in title, to the South by property of successors in title of Victor Drago, with all its rights and enjoyments, as per estimation of four hundred thousand euro (€400,000).

The said tenement is the property of Gifford Judith (ID 789146M) and Perkins Michael (ID 526342M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 42/2019.

GAETANA AQUILINA

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 29th of April, 2019 (Application number 53/2019BS) Sally Farrugia and others requested the opening of the Succession of Joseph Cini, who was legally separated from his wife Carmela Cini with a sentence of the Court of Magistrates (Gozo), Superior Jurisdiction, Family Section dated twenty eighth (28th) of January of the year two thousand and three (2003), son of the late Paul Cini and Karmni Cini neè Cascun, born in Victoria, Gozo, and used to reside in Nadur, Gozo, died in Rabat, Gozo, on the first (1st) of February of the year two thousand and ninteen (2019), intestate, which opening of succession is to be maded in favour of as to one forth (1/4) undivided share in favour of the widow Carmen Cini and the remaining three forth (3/4) as to equal undivided shares between the two children of the late Joseph Cini and that is Sally Farrugia and Desmond Cini and that is each one of the children will have the share of three eights (3/8) undivided share.

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. 

Voluntary Jurisdiction

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Edward John A. Bailey (Irish passport no: 546502043) filed an application under oath (np. 699/2019/LSO) demanding correction in the Act of Birth no: 4659/1967 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,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Rev. Mons. Paul Vella (ID 619261M) filed an application under oath (no. 719/2019/LSO) demanding correction in the Act of Birth no: 6192/1961 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

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Joseph Psaila noe (ID 9742G) filed an application under oath (no. 43/2019/LSO) demanding correction in the Act of Birth no: 6761/1954 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

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Zeynep Dina Topbaş Şakir Mȕtevelli (ID 0164018L) filed an application under oath (no. 723/2019/LSO) demanding correction in the Act of Birth no: 1640/2018 and in the Act of Marriage No: 459/2018 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

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Rosemarie Guillamier noe (ID 455481M) filed an application under oath (no. 712/2019/LSO) demanding correction in the Act of Birth no: 2657/1981 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

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals