Court Notices published in Govt. Gazette No. 20,269 of 24th September 2019

By means of a decree given, by the Civil Court First Hall, on the 2nd July, 2018, in the records of the Application in the names HSBC Bank Malta plc (C 3177) vs Spiteri Carmel pro et noe, Application number 483/18 JPG, the following publication was ordered for the purpose of service of the respondents Carmel Spiteri (ID 46150G) in his own name and as surety of the company Carmel Spiteri Limited (C 19257) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court First Hall, in the names HSBC Bank Malta plc (C 3177) vs Spiteri Carmel (ID 46150G) in his own name and as surety of the company Carmel Spiteri Limited (C 19257) on the 16th May, 2018, the applicant company HSBC Bank Malta plc in terms of Article 258 of Cap 12 of the Laws of Malta respectfully pleaded:

That by means of a contract of constitution of debt in the records of Notary Dr Francesca Borg, of the 16th September 2010 and rendered executive by means of judicial letter in terms of Article 256(2) of Cap. 12 of the Laws of Malta and notified to the respondent on the 26th December, 2011, constituted himself a debtor of the applicant company;

That following various payments the respondent remained a debtor of the applicant and there passed more than five years from the date of the same contract of constitution of debt.

Thus the applicant company saving any opportune declaration and provision respectfully prays that this Honourable Court authorise the applicant company to pass on to the execution of the same executive title above mentioned since there passed more than five years from the date of the same contract and the debt is not settled and this in terms of Article 258 of Cap. 12 of the Laws of Malta.

The Application in the names HSBC Bank Malta plc (C 3177) vs Spiteri Carmel pro et noe, Application number 483/18 JPG, has been deferred for hearing to the 24th October 2019, at 9.30 a.m.

Applicant: 32, Triq il-Merkanti, Valletta

Notify: Carmel Spiteri, Penthouse 12, Triq il-Fugass, Qawra

Carmel Spiteri Ltd, Plot 60, Triq ta’ Gokk, Xewkija, Gozo

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 25th June 2019, in the records of the Sworn Application, in the names San Luċjan Oil Company Limited (C 5387) vs Speedy Pit Stop Co. Ltd (C 34358), Application number 480/19 FDP, the following publication was ordered for the purpose of service of the respondent Speedy Pit Stop Co. Ltd (C 34358), 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 San Luċjan Oil Company Limited (C 5387) vs Speedy Pit Stop Co. Ltd (C 34358) on the 17th May, 2019, the applicant company San Luċjan Oil Company Limited (C 5387) asked this Honourable Court:

1. To proceed to give judgement according to the applicant’s demands without proceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2.Declare that the respondent company is a debtor of the applicant company in the sum of sixty one thousand nine hundred and one euro and and ninety-nine cents (€61,901.99) due by it for the supply of products delivered to it as explained in the application, with interests till the date of effective payment.

The respondent company is summoned so that a reference to its evidence be made.

The Sworn Application in the names San Luċjan Oil Company Limited (C 5387) vs Speedy Pit Stop Co. Ltd (C 34358), Application number 480/19 FDP, has been deferred for hearing to the 11th October, 2019, at 9.30 a.m.

Notify: Speedy Pit Stop Co. Ltd (C 34358), 10, Triq it-Torri, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th June, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3971/2018 in the names Janet Ciantar Cardona vs Antonella Portelli, the following publication was ordered for the purpose of effecting service on the respondent Antonella Portelli in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Antonella Portelli (ID 242495M) of 98, St Helen Street, Birkirkara

By the present, Janet Ciantar Cardona (ID 36971M) is soliciting you as owner of the garage with number 8, Triq il-Kavallier Giovanni Alentorn, Birkirkara, to pay the amount due of €900 representing payment of rent for the same said garage and this for the period from May 2017 till November 2018 (18 months).

Janet Ciantar Cardona as owner of the property gave you by title of lease of the same garage and this although you accepted the payment of €50 each month, and notwithstanding you remained in default although duly solicited for payment by means of a letter sent to you on the 14th August, 2018 (copy here attached and marked as Doc. A) you remained in default of payment of rent for the last 18 months.

Thus, by means of this judicial letter you are being solicited so that without delay and not later than one week from the date of this letter you pay the amount of rent due that is of €900.

If you fail to comply and remain in default in the time given further judicial procedures will be taken against you without further notice.

So much for your own guidance and to know how to regulate yourself.

With all costs against the respondent and with legal interest till the date of effective payment of the global sum.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th June, 2019, in the records of the judicial letter number 1423/19 in the names Joseph Stivala et vs Karl Azzopardi et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Karl Azzopardi and Audrey Azzopardi in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Karl Azzopardi (ID 90770M) of 38, Triq W. Lassel, Mellieħa; and

Audrey Azzopardi (ID 54172M) of 164, Mistral, Triq l-Għaqda, Mellieħa

By means of this Joseph Stivala and Carmen Stivala (ID 661350M) of Veduta, Triq it-Torri, Madliena, solicits you so that within two (2) days from the notification of this judicial letter you pay the sum of €139,763 representing the value of a bill of exchange that lapsed, a copy is here attached, together with legal interest.

The interpellant informs you that this judicial letter is sent in terms of Articles 253(3) and 256(2) of Cap. 12 of the Laws of Malta to render the said bill of exchange executable.

You are being informed that you may oppose the execution of this bill of exchange above mentioned by means of an application within twenty days from the day of notification to you of this letter for grave and valid reasons only.

If you do not comply with this present, the interpellants will issue the opportune warrants in terms of the Articles above mentioned.

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

With costs of this present

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd March, 2018, of the Rent Regulation Board, in the records of the Application in the names Karl Buttigieg et vs Censu Collection Company Ltd et, Application number 162/2017JD, the following publication was ordered for the purpose of effecting service on the respondent company Censu Collection Company Ltd 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 Karl Buttigieg (ID 13361M) and the company Bullet Company Ltd vs Censu Collection Company Ltd and Lifetime Ltd filed before the Rent Regulation Board on the 30th November, 2017, the applicants Karl Buttigieg et request with respect:

The applicant Karl Buttigieg, owner of the premises number 6, Triq Santa Rita, Paceville, through the company Bullett Company Ltd granted by title of lease the premises above mentioned in favour of the respondent company Censu Collection Ltd. The relative lease was regulated by means of two agreements, copies of which are here attached (Document A and B);

That the rent for the premises was established at a total of €11,900 per year, revisable according to the agreements above mentioned;

Subsequently the company Censu Collection Company Limited assigned the lease of the same premises to the other respondent company Lifetime Ltd, and the rent started being paid by the latter company;

According to the aforementioned lease agreements it results that:

i. Whilst the lessee can sublet the premises or give the lease to third parties, he has to notify the owner in advance, and

ii. The electricity and water consumption of the premises has to be paid by the respondent;

As a fact it results that:

a) The company Lifetime Limited passed on the said premises to third parties without any advance notice, and

b) There are substantial water and electricity arrears for water and electricity used in the premises.

Therefore, the applicants request this Board to order the termination of the lease of the premises above mentioned, as it will be explained, and consequently the eviction of the respondent within a short and peremtory period that the Board will fix, with all the costs and reserving the rights of any other action for compensation of damages caused.

Applicants: Razzett ta’ Samwel, Tal-Ħmieri, Sigġiewi

Notification: Selcuk Kucukkaya, La Giumiana, Triq ta’ Gukandu, Swieqi

The application in the names Karl Buttigieg et vs Censu Collection Company Ltd et, Application number 161/2017JD, has been postponed for hearing to the 30th September, 2019, at 9.15 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th June, 2019, of the Rent Regulation Board, in the records of the Application in the names Brian Portelli et vs Joseph Falzon, Application number 51/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Joseph Falzon in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application for the revision of rent according to article 12B of Cap. 158 of the Laws of Malta which came into force on the 1st August 2018 bearing number 51/2019 in the names Brian Portelli (ID 88172M) and Lucienne Muscat (ID 131868M) vs Joseph Falzon (ID 560765), filed before the Rent Regulation Board on the 14th March, 2019, the applicants Brian Portelli and Lucienne Muscat requested with respect:

That the applicants are the owners of the premises 33, Millstone Street, Senglea;

The respondent occupies the said premises as his residential home under title of lease from the applicants, which lease was established on the basis of a previous emphetutical title which had commenced before the 1st June, 1995, and this according to the deed in the records of Notary Dr Herbert Cassar of the 18th September, 1986, for a period of 21 years (Doc. A);

That article 12B of Cap. 158 of the Laws of Malta (The Housing Decontrolled Ordinance) states, amongst others, that when a person occupies the residential home under a lease agreement on the basis of a previous title of emphyteusis or sub-empyteusis which would have started before the 1st June, 1995, by application of articles 5, 12 or 12A of that law, the rent is to be revised to an amount which does not exceed two per cent per year of the free and unencumbered market value of the residential home as better stipulated in the same law; 

Notwithstanding that the respondent was contacted such that this excercise is carried out by agreement, he refused and remained in default and instead offered the rent due at the same amount that used to be paid, which rent was refused by the applicants;

Thus the applicants had to file this application.

For these reasons the applicants humbly request this Honourable Board in terms of Article 12B of Cap. 158 of the Laws of Malta (The Housing Decontrolled Ordiance) to order that the rent payable by the respondent to the applicants for the premises 33, Millstone Street, Senglea, be revised with effect from the 21st November, 2018, to an amount that does not exceed two percent per year of the free and unencumbered value on the open market of the said premises on the 1st January, 2018, that is the year during which the application is filed and establish the new conditions regarding the lease and this under those provisions that this Honourable Board deems fit and opportune.

Applicants: Brian Portelli et, St Patricks Court, Flat 3, Triq ir-Rużell, Fgura

Respondent: Joseph Falzon, 33 Millstone Street, Senglea

The Application in the names Brian Portelli et vs Joseph Falzon, Application number 51/2019JD, has been postponed for hearing for the 30th September, 2019, at 9.30 a.m.

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 ninth (9th) of September of the year two thousand and ninteen (2019) (Application number 98/2019BS) by Maryanne Attard and others, requested the opening of the Succession of Antonia Teuma, spinster, daughter of the late Joseph Teuma and Victoria née Zammit, born in Xagħra (Gozo) and used to reside in Xagħra, Gozo, died in Rabat, Gozo, on the sixteenth (16th) of November of the year two thousand and four (2004), improle and intestate. That the deceased was superseded by her remaining ten siblings that is all applicants proprio and nomine with the exception of Victoria Spiteri. She was also superseded by her siblings Zarenu and Victor who died after her but prior this application. That her brother Zarenu Teuma died as a bachelor on the thirtieth (30th) of November of the year two thousand and thirteen (2013), and although he made a will in the act of Notary Paul George Pisani dated eighth (8th) of August of the year two thousand and thirteen (2013), he did not nominate any heirs, and therefore according to law supersed him the remaining siblings. His succession was declared open in their favour by a decree of this Honourable court dated third (3rd) of September of the year two thousand and eighteen (2018) (Decree number 117/2018). That her brother Victor Teuma died on the eleventh (11th) of October of the year two thousand and sixteen (2016), and by a will in the acts of Notary Paul George Pisani dated ninteenth (19th) of November of the year two thousand and fourteen (2014), he nominated his niece, the applicant Victoria Spiteri as his universal heir, which opening of succession of Antonia Teuma is to be made in favour of Maryanne Attard (ID 040138G), Carmel Teuma (ID 081640G), Eucaristico Teuma (ID 049547G) in his name and on behalf of his brother Indrija Teuma, Emanuel Teuma (ID 033644G), Francis Teuma (ID 068560G), Mario Teuma (ID 57554G), Theresa Spiteri (ID 084251G), siblings Teuma and Victoria Spiteri (ID 428201L) in equal shares between them of one ninth (1/9) each one of them proprio and nomine.

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

By means of a decree given, by the Court of Appeal, in the records of the Application in the names Hawkins James vs Seasus Limited (C 29821), Application number 157/19, the following publication was ordered for the purpose of service of the respondent James Hawkins, 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 Precautionary Garnishee Order number 476/2015, in the names Hawkins James vs Seasus Limited (C 29821) on the 30th May, 2019, the applicant Seasus Limited (C 29821) respectfully pleaded:

1. That the interpellant company is the respondent in the records of the Precautionary Garnishee Order referred to and in a contentious cause in the same name application number 269/2015 LM (Civil Court First Hall) which was decided by the same Civil Court First Hall, on the 8th April, 2019, where the Court decided so:

i. It rejects all the plaintiff’s demands,

ii. Upholds the first counterclaim of the reconvening defendant company in so far as it asked this Court to declare that it acted in good faith,

iii. … omissis…,

iv. … omissis…,

v. Condemn the reconvened plaintiff James Hawkins to pay the reconvening defendant company Seasus Limited the damages so liquidated. The costs of the cause are to be paid two thirds by the plaintiff and one third by the defendant company;

2. That James Hawkins filed an appeal from this judgement and the respondent company duly opposed this appeal;

3.That in the meantime whilst the respondent presented a precautionary garnishee order against the appellant in security of its counterclaims, the appellant did not even have a penny to deposit in Court, despite that he is proceeding with this cause for loss of profit, the respondent company had to deposit the global sum of fifty thousand euro (€50,000);

4. That in fact despite that James Hawkins had filed the precautionary garnishee order referred to against the company Seasus Limited, in the amount of three hundred thousand euro (€300,000) ‘in security of the applicant’s right for the payment of damages incurred for the failure of respondent company to observe the contractual obligations following the decree of this Honourable Court (App. 294/15 LM) (Civil Court First Hall) of the 8th October, 2015, this amount was reduced to fifty thousand euro (€50,000);

5. That following this garnishee order there were deposited funds belonging to Seasus Limited by means of various Schedules, mentioned in this application, in order to secure the amount established by the Honourable First Hall Civil Court;

6. That the present situation is thus that whilst there exists a judgement which declared that not only James Hawkins is not owed anything but that he has to pay the sum of (€5,2245) to the respondent company and two thirds of the expenses of the relative procedures, the respondent company has fifty thousand (€50,000) namely a very significant sum witheld due to the present procedures.

… omissis…

Thus, the company Seasus Limited, in the light of the above respectfully prays this Honourable Court:

1. To order the revocation of the Precautionary Garnishee Order number 476/2015, in the names Hawkins James vs Seasus Limited (C 29821) in terms of Article 836 (D) and (F) of Cap. 12 of the Laws of Malta;

2. Authorise the company Seasus Limited, to withdraw the global sum of fifty thousand euro (€50,000), which funds of the company Seasus Limited were deposited by means of the schedules herein mentioned;

3.Order that James Hawkins in terms of Articles 838A of Cap. 12 of the Laws of Malta, to provide a suitable guarantee for damages, interests and expenses which the company Seasus Limited suffered and is suffering.

 With costs and saving all the rights of the interpellant company.

Notify Respondent: 1582, Portomaso, San Ġiljan

ADV. FRANK PORTELLI, LLD

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 7th August, 2018, following a request by Emanuela sive Lilian Cordina et it was ordered that deputy curators be chosen to represent the unknown heirs of Giuseppe Colombo in the acts of the schedule of deposit number 1484/2018 in the names Emanuela sive Lilian Cordina 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 Emanuela sive Lilian Cordina, house wife, wife of Arthur, daughter of Carlo Penza and Carmela née Pisani, born in Paola on the 29th June, 1945, and residing at 10, Settembrina, Triq il-Ferrovija, Ħ’Attard (ID 552145M); Maria Dolores Barbara, house wife, widow of Joseph Barbara, daughter of Carlo Penza and Carmela née Pisani, born in Paola on the 29th March, 1947, and residing at 18, Triq Kent, Fgura (ID 353647M); Maria Lourdes Penza, housewife, daughter of Vincent Camilleri and Maria née Silvio, born in Bormla on the 18th October, 1944, and residing at 35, St Georges Street, Paola (ID 983144M); Caroline Penza, housewife, unmarried, daughter of Gaetano Penza and Maria Lourdes née Camilleri, born in Paola on the 15th March, 1971, and residing at Flat 2, 31, St Michael, Triq Ġużeppi Agius, Paola (ID 231187M); Carl Penza, electrician, son of Gaetano Penza and Maria Lourdes née Camilleri, born in Tal-Pietà on the 6th May, 1977, and residing at Penthouse 5, 149, Courts, Triq il-Kampanella, Fgura (ID 287977M); Kevin Penza, unemployed, son of Gaetano Penza and Maria Lourdes née Camilleri, born in Tal-Pietà on the 22nd April, 1972, and residing at 47, Daniel, Flat 1, Triq il-Qaliet, Marsaskala (ID 232772M); Gordon Theobald, director, son of Edward and Maria Theresa née Penza, born in San Ġiljan on the 15th November, 1973, and residing at 33, Newman Block, Apartment 3, University Street, Msida (ID 26474M); vs the Government of Malta and DeputyCurators to represent the unknown heirs of Giuseppe Colombo son of Vincenzo born in Tas-Sliema and residing in Tas-Sliema, on the 6th August, 2018, the applicants respectfully submitted:

That the applicants owns the tenement number 112, previously 110, named Maddonina previously Rose, Triq Tal-Borg, Paola, as better described in the relative deed of acquisition in the records of Notary Doctor Herbert Cassar of the 22nd February, 2001, Doc. A, which tenement is subject to the annual and perpetual groundrent and subgroundrent of €5.43 equivalent to Lm2.32,9 as better shown in the site plan here attached and marked as Doc. B;

It results that the original groundrent is due to the Government in terms of the original emphyteusis published by Notary Giuseppe Grech of the 5th December, 1934, Doc. C (in which deed the land measuring 1023.28 square canes with the groundrent of 130 lira and 19 pence was granted) whilst the subgroundrent is due to Giuseppe Colombo in terms of the sub-emphyteutical deed published by Notary Dr Ettore Francesco Vassallo of the 31st July, 1934, Doc. D (in which deed the subgroundrent was calculated at the rate of 2 shillings and 9 pence per square cane);

Thus in terms of the emphyteusis and sub-emphyteusis mentioned in the said deeds the total groundrent of €5.43 is due as for €5.03 to the Malta Government whilst €0.40 are due to the successors of Giuseppe Colombo;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code and thus redeem the same groundrent that amounts for €108.60.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €196.11, representing as for €100.60 the price of the redemption of groundrent burdening the immovable above mentioned and due to the Government of Malta and as for €85.51 arrears of the groundrent due to the Government of Malta from the year 2001, that is from the year of the relative acquisition, as for €8 being the price of the redemption of the subgroundrent burdening the immovable above mentioned and due to the heirs of Giuseppe Colombo and as for €2 arrears of 5 years subgroundrent due to the heirs of Giuseppe Colombo which may be freely withdrawn by the relative respondents after leaving the relative receipt.

Applicants: 10, Settembrina, Triq il-Ferrovija, Ħ’Attard

Service: 1. Deputy curators Law Courts, Valletta

2. Director Public Registry, Triq il-Merkanti, Valletta

3. Deparment of Lands, Auberge de Baviere, 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 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 August 2019, following a request of Advocate Doctor Simon Micallef Stafrace noe it was ordered that deputy curators be chosen to represent Adrian Vella in the records of Appeal number 1134/09 in the names Advocate Doctor Simon Micallef Stafrace noe vs Carmela sive Lina Debono et and in the other relative and subsequent acts.

By means of an Application, filed, in the Court of Appeal, in the names Advocate Doctor Simon Micallef Stafrace noe vs Debono Carmela sive Lina et, on the14th ta’ August, 2019, the applicant Advocate Doctor Simon Micallef Stafrace (ID 522463M) requested with respect:

1. That this Appeal is deferred to the 8th October, 2019, so that the respondents will be notified with the notice of hearing and with the relative application of appeal;

2. The respondent Adrian Vella (ID 554309) is absent from Malta and the applicant does not have any information regarding his residence.

Thus, the applicant humbly requests this Honourable Court to nominate deputy curators to represent the absent Adrian Vella in these procedures   saving the issue of the usual banns and this under any provisions that this Honourable Court deems fit.

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 Court of Appeal, above mentioned, with the witness of the Hon. Mr Chief Justice Joseph Azzopardi, 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 27th August, 2019, Application number 1474/2019, by Maria Mizzi et whereby they requested that it will be declared open in favour of the same Maria Mizzi wife of the decujus in the quota of one half (1/2) undivided share and in favour of Omar and Veronica Maria brother and sister Mizzi children of the decujus in the quota of one fourth (1/4) undivided share each one of them the Succession of Oliver Mizzi, husband of Maria Mizzi, son of the latge John Mizzi and Rita née Calleja, born in Mosta, resided in Birkirkara, Malta, and died in Tal-Qroqq, l-Imsida, Malta, on the 23rd February, 2019, aged 75, and who held identity card number 0564443M.

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 16th August, 2019, Application number 1393/2019, by Ritianne Pace whereby she requested that it will be declared open in favour of Martina Cachia in its entirety the Succession of Christen Cachia, bachelor, son of Saviour Cachia and Rita née Saliba, born in Tal-Pietà, Malta, resided in Ħal Safi and died in Burmarrad, Malta, on the 4th May, 2019, aged 31, and who held identity card number 0252087M.

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 29th July 2019, Application number 1280/2019, by Lydia Falzon Wintrup as madatory of the absente Emanuela Darmanin whereby she requested that it will be declared open in favour of the same Emanuela Darmanin the Succession of Charles sive Carmelo Darmanin, husband of Emanuela Darmanin, son of Joseph Darmanin and Carmela Darmanin née Saliba, born in Ħamrun, Malta, resided in Victoria, Australia, and died in Broadmeadows, Victoria, Australia, on the 26th March, 2009, aged 77.

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 29th July, 2019, Application number 1279/2019, by Lydia FalzonWintrup as mandatory of the absentees Raymond and Walter brothers Said whereby she requested that it will be declared open in favour of the same Raymond and Walter brothers Said the Succession of their mother Caterina Said limitedly to her inheritance in the Maltese Islands, wife of Joseph Said, daughter of Joseph Darmanin and Carmen Darmanin née Ingorvaja, born in Malta, resided in St Albans, Australia, and died in Footscray, Victoria, Astralia, on the 30th December, 1983, aged 45.

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 10th September, 2019, in the records of the judicial letter number 844/19, in the names J. Zammit Limited vs Terry Vidal, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Terry Vidal (ID 591885M) of Flat 6, Block C4, Triq Dun Luret Callus, Ħaż-Żebbuġ, on the 10th May, 2019, J. Zammit Limited (C 37945), solicits you so that you pay immediately the amount of €2,332.80 besides the legal interest from the due day of each bill of exchange till the effective payment, representing eighteen installments of 18 bills of exchange of €129.60 each, which bill of exchange expired on the 28 day of each month from February 2016 till August 2016 (copies here attached and marked Doc. A1 – Doc. A18).

This judicial letter is being made 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 (20) days from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose such execution of these bills of exchange, this credit will be rendered an executive title and executive warrants will be issued against you according to law.

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

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

Interpellant company: J. Zammit Limited – Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd April, 2019, in the records of the judicial letter number 4612/17 in the names Marianna Spiteri vs Mario Mifsud, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Mario Mifsud in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Mario Mifsud (ID 961050M) of 27, Triq il-Madonna tal-Ħniena, Żejtun

By means of this present Marianna Spiteri (ID 186631M) ta’ 34, Bambola, Triq Dun Alwiġ Camilleri, Żejtun, whilst making reference to the deed of sale and purchase in the records of Notary Peter Carbonaro of the 27th April, 1994, where she acquired the premises number 17(27) in Triq il-Madonna tal-Ħniena in Żejtun, is formally soliciting you, since you are occupying the same premises without any valid title, to vacate the premises within one week from the service of this letter and if you fail the interpellant will proceed against you according to law by means of a law suit to vacate by means of law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th April, 2019, given by the Civil Court First Hall in the records of judicial letter number 989/2018, in the names Registrar of Civil Courts and Tribunals vs M.C.F. Company Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5) Cap. 12.

In the First Hall of the Civil Court

To M.C.F. Company Limited of Reevem Rose, Triq Lapsi, Siġġiewi

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €714.36 due by you as Registry fees in connection with the law suit in the names:

M.C.F. Company Limited (C 33224) vs Buhagiar Charles et (LM1) decided on the 8th January, 2018

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 12th March, 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).

Oasis Travel & Tourism Ltd (C 75564) of Blacktail Street, St Paul’s Bay, filed a Claim on the 13th February, 2019, whereby they asked the Tribunal to condemn Aaron Grech (ID 0086073M) of 34, Xandrija, Triq il-Ħarruba, Mġarr, Malta, to pay the plaintiff company the sum of €964.86, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 24/2019AM) is deferred on the 4th October, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th August, 2019, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Joseph Cassar Aveta in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application Number 159/19VGA in the records of judicial act number 159/19 filed in the garnishee order numbered 2317/2017 filed by Burmarrad Commercials Limited on the 18th July 2019 in the names Joseph Cassar Aveta (ID 694458M) vs Burmarrad Commercials Limited (C 13537) where Burmarrad Commercials Limited requested with respect: 

That by means of an application of the 5th December 2017 a garnishee order was filed by the applicant Joseph Cassar Aveta so that it will be executed for the amount of €5,067.85, interest €5,473.33 and costs €831.75 against the respondent company (Doc. BCL 1);

The application for the issuing of the said garnishee order was held by the Honourable Court on the 7th December, 2017;

The said executive warrant was issued on the basis of the judgement of the Court of Magistrates (Malta), Magistrate Consuelo Scerri Herrera of the 10th December, 2012, in the names Joseph Cassar Aveta vs Burmarrad Commercials Limited (Doc. BCL 2);

The said executive title is null and this because it was not according to the decision in the same judgement above mentioned and this since it was decided as follows:

Thus in line with what was agreed in the invoice marked as Doc. Z1 exhibited a fol 18 in the acts, the respondent company is debtor of the applicant in the amount of €5,067.85 and orders the same respondent company to pay this amount to the applicant in objects that are selected by the said applicant solely for this amount.

The creditor could never exercise its executive title by means of the aforementioned garnishee order since the decision of hte Court was crystal clear when it stated that the debt had to be paid by means of objects. Accordingly the executive warrant above mentioned in incompatible with the executive title on which it is based.

Thus, in view of the above, the debtor company humbly requests this Honourable Court to:

1. Declare that the garnishee order number 2317/17 is null;

2. Revoke contrario imperio its decree of the 7th December, 2017, in terms of Article 281 of Cap. 12;

3. Order the Registrar of Courts not to authorise any withdrawals of any moneys deposited with him;

4. Order that the debtor company Burmarrad Commercials Limited, withdraws any schedules of deposit that have been deposited in the garnishee order number 2317/17.

With costs against the creditor Joseph Cassar Aveta. 

Service: Joseph Cassar Aveta, Swieqi Residential Complex, Block C, Flat 3, Triq il-Qatta, Swieqi

The application (Application number 159/19VGA) in the names Joseph Cassar Aveta vs Burmarrad Commercials Limited has been postponed to be heard on 17th October, 2019, at 9.00 a.m. before Magistrate Dr Victor George Axiaq who has the period within which to reply, reduced to one day.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number 40/2019 

Application in terms of Article 495A of the Civil Code

Mary Sultana in her own name and on behalf and in representation of Joseph Debrincat, Gloria Portelli; Antoinette Portelli, siblings Debrincat, sons of the late Michael Debrincat and Mary Debrincat née Grima and Joanna Rose Farrugia, on behalf and in representation of George Debrincat, 

Maria Assunta Debrincat, Joseph Debrincat, siblings Debrincat, children of the late Joseph and Elizabeth née Fenech together with Mary Debrincat widow of Vincent Debrincat, 

Robert Grech, son of Lawyer Alfred Grech and of the late Valerie née Stefan in his own name and on behalf and in representation of Robert Stefan and Trisch Hickman, children of the late Rosemary Stefan, 

John Farrugia along with Emanuel John and his wife Vicky Farrugia, 

vs

Dr Deborah Camilleri who by virtue of a decree dated 9th July 2019 was appointed Deputy curator to represent the absent Mark Stephan, Paul, Gary, Gordon and Gina siblings Debrincat all residing in the United States of America

Application by Mary Sultana et

By means of the said sworn application of Emanuel John Farrugia humbly submits and confirms on oath whilst he declares that he knows the following facts personally:

1. This present application relates to the following premises with number seventy-two (72) in Triq Sant’Orsla, Victoria, Gozo, which premises consists of:

(i) Ground floor garage without its airspace,

(ii) A cellar at basement level, which cellar extends under the part indicated as letter B on the plan annexed to the same promise of sale and which cellar also includes its subsoil,

(iii) The garden of the same premises includes both its airspace as well as its subsoil.

And this as best shown on the plan annexed to the preliminary agreements already signed between the parties;

2. The premises was originally acquired by George Debrincat and his wife Coronata known as Fortunata Micallef by virtue of a deed of partition and donation published in the acts of Notary Francesco Refalo dated the nineteen (19th) September of the year nineteen and two thirty (1932). From these people, it has been either, inherited, or sold as listed in Document ‘B’ here annexed;

3. That by virtue of:

(i) A promise of sale signed before Notary Anthony Hili dated the thirty-first (31st) January of the year two thousand and nineteen (2019), all applicants except Robert Grech, Robert Stefan Trisch Hiekman bounded to sell sixteen from thirty two (16/32) undivided shares each or rather one half (1/2) undivided share of this property to applicants John and Vicky Emanuel Farrugia at the price of eighty-six thousand, nine hundred and sixty-two euro (€86,962), a promise which is duly registered with the Inland Revenue number PS201902743,

(ii) The promise of sale signed before Notary Anthony Hili on the second (2nd) March of the year two thousand and nineteen (2019), the applicants expect Robert Grech, Robert Stefan Trisch Hikman bounded to purchase three from thirty-two (3/32) undivided shares each from this premises to applicants Emanuel John and Vicky Farrugia at a price of sixteen thousand, three hundred and five euro and thirty-eight cents (€16305.38), which promise is duly registered with the Inland Revenue PS201906690 number,

(iii) The promise of sale signed before Notary Anthony Hili on the second (2) May of the year two thousand and nineteen (2019), the applicant John Farrugia bound to sell one forth (1/4) undivided shares each of this property to Emanuel John and Vicky Farrugia at a price of forty-three thousand, four hundred and eighty-one euro (€43,481), which promise is duly registered with the Inland Revenue;

 4. Thus only the remaining respondents: 

(i) Mark Stephan did not adhere to this promise of sale. That this respondent has a quota of one from thirty-two (1/32) undivided shares each from this property,

(ii) Certain Paul, Gary, Gordon and Gina all children George Debrincat did not adhere to this promise of sale. These respondents all together have a quota of one-eighth (1/8) undivided shares each from this property;

5. That the applicant believed that the original price agreed between all applicants except Emanuel John and Vicky Farrugia and the same Emanuel John and Vicky Farrugia as advantageous considering the measurement of this property, the state in which the building is located, as well as the location in which it is situated, and all the circumstances related to these properties as shown by the valuation of the Architect annexed as Document C;

6. That the applicants have been trying to make contact with the respondent but failed to obtain its consent to the proposed sale.

Therefore, the applicants humbly submit that this Honourable Court, subject to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. 16;

1. Declares that the price and the conditions originally proposed for the sale of the shares of all applicants except Emanuel John and Vicky Farrugia from the property above described to the same Emanuel John and Vicky Farrugia is fair and appropriate and the same price and conditions shall apply to sales pertaining to the respondent from the same property;

2. Approve the proposed sale, and ordering the publication of the deed of sale even for that which concerns pertaining quota to the respondents Mark Stephan and Paul, Gary, Gordon and Gina all children of George Debrincat, in day, time and place to be fixed and therefore appoint Notary Anthony Hili to publish the deed of sale opportune, with the intervention deputy curators to represent the eventual defaulters on the act.

With costs against the respondent.

The application is appointed for hearing for Friday the 6th of December, 2019, at 9.15 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

It is hereby notified 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 3rd of September, 2019, and this after a written plea numbered 408/2019, Ordered:

The correction of the Act of Birth of Saleh Hamid Hamid, bearing number 3334 of the year 2002, under the columns entitled ‘Particulars respecting the child – Names given’ and ‘Name or Names by which the child is to be called’, the name ‘HAMID’ is to be deleted.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

DKR 1/2019 – General Interdiction

It is being notified that by judgement dated 17th September, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri, LLD), Compilation number 534/2019, in the case:

The Police

(Inspector Anna Marie Xuereb)

Versus:

Carmel Mifsud, 61 years, son of Fedele and Anna nèe Said, born in, Marsa, Malta on the 23rd October, 1957, residing at number 460, Triq il-Vitorja, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 712557M.

The Court Ordered the general interdiction of the said Carmel Mifsud for the period of five (5) years and this from judgement date according to Section 109 of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree of the 24th July, 2019, in the records of the judicial letter number 1983/19 in the names Sterling Consultants Group Ltd vs Josette Marie Camilleri, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Josette Marie Camilleri in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Josette Marie Camilleri (ID 8665M) of 122, Triq Birkirkara, Kappara, San Ġwann, SGN 4192

With the present Sterling Consultants Group Ltd of 125, Triq in-Naxxar, Birkirkara (C 21212), as duly represented by architect Matthew Mercieca is for the last and final time solicitng you to pay the sum of eighty-six thousand, four hundred and thirty euro (€86,430) and VAT on such amount amounting to fifteen thousand five hundred and fifty-seven euro and fourty euro cents (€15,557.40)  representing fees due to it and expenses disbursed by it on your behalf. 

Should you fail to pay such some within ten (10) days from today, further proceedings shall be instituted against you, including the relevant preautioinary warrants according to law.

Such so you may guide yourself accordingly. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 20th September 2019 in the records of the judicial letter number 3640/19 in the names Advocate Doctor John Refalo noe vs John Anthony Farrell et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Niall Richard Brooks in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

John Anthony Farrell

Niall Richard Brooks (British passport 099181850) of Lovett Lodge, Hannahs Estate, Tortola, British Virgin Islands

Anthony O’Driscoll

Joseph Grioli

Mark Azzopardi

Apex Corporate & Advisory Services Ltd

By means of this present Advocate Dr John Refalo (ID 113874M) of 61, St Paul Street, Valletta, as special attorney of Peter Barry Salter, bearer of British passport number 538512544, refers you to your roles, past or present, in the company MCM Global Opportunities Fund SICAV plc (SV277) which company today appears to be insolvent and no longer operating;

Whereas the sender is the beneficiary of a substantial sum which was invested in the same Maltese company and which investment has become worthless or has failed because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations. Whereas consequent to your acts and omissions as above described the sender suffered patrimonial damages and will continue to suffer ulterior damages, for which you, or whoever of you, are responsible.

The sender draws your attention in particularly to the executive title which he has obtained against the above mentioned MCM Global Opportunities Fund SICAV plc (SV277) which executive title has still not been honoured and which seems unlikely to be honoured due to the insolvency of the said company, a copy of the relative arbitral award is being herewith attached and marked Doc. A.

Therefore, while the sender is formally placing you in mora, culpa et dolo for all effects and purposes of the law, he is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your acts as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same. The sender is hereby reserving all his rights at law, and is reserving his right to proceed against you according to law, including by issuing the opportune warrants as the case may be, without any further warning.

With interest according to law and with costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals