Court Notices published in Govt. Gazette No. 20,290 of 5 November 2019

By decree given by the Civil Court First Hall on 23rd October, 2019. on the application of Azzopardi Joseph et pro et noe, on the request of Dr Peter Fenech noe, Tuesday, 28th January, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in Room 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The tenement numbered 402 in Triq San Pawl, San Pawl il-Baħar situated corner with Triq Stella Maris and the tenement numbered 404 in Triq San Pawl, San Pawl il-Baħar consists of a groundfloor property with underlying basement and the tenement numbered 405 in Triq San Pawl, San Pawl il-Baħar consists of a groundfloor property with underlying basement valued at four hundred and fifty thousand euro (€450,000).

The said tenement is the property of Joseph Azzopardi et pro et noe and Dr Raymond Zammit noe et.

N.B. The said tenement will be sold as described in the acts of judicial sales file number 104/1998.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 17th October, 2019, in the records of the Application in the names Rafel Bencini et vs Maria Dolores sive Doris Muscat Scerri, Application Number 470/18 TA, the following publication was ordered for the purpose of service of the respondent Maria Dolores Muscat Scerri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court, in the records of the cause in the names Rafel Bencini et vs Maria Dolores sive Doris Muscat Scerri, on the 26th June, 2019, the applicant Bencini Rafel et asked this Honourable Court to order the summoning of the witness Maria Dolores sive Doris Muscat Scerri

Address: Maja Macha, Triq is-Siegħ, Ibraġ

Day and time when she is to appear: On the 12th November, 2019, at 11.00 a.m. before Mr Justice Toni Abela at the Main Building, Courts of Justice

Documents she is to bring with her: In order to testify regarding the inheritance of Peter Muscat Scerri (ID 266035M)

Warrant for the Summons of a Witness and/ or the bringing forward of documents before the Court

Republic of Malta

To the Court Marshall

Whereas from the application presented above in the cause mentioned which is before this Court the evidence of the person mentioned is required.

Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Toni Abela LLD, Doctor of Laws.

Notify: Maria Dolores sive Doris Muscat Scerri, Maja Macha, Triq is-Siegħ, Ibraġ

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 3rd October, 2019, in the records of the Application in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Exkandar et, Application Number 153/2019 JZM, the following publication was ordered for the purpose of service of the respondent Iskandar Maged Fawzy Shokry sive Exkandar et, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Notice of hearing of a cause issued by the Registry Superior Courts on Tuesday, 9th July, 2019, the cause Application in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Exkandar et, Application Number 153/2019 JZM, was entered in the list of causes which are to be heard on Thursday, 3rd October, 2019, and deferred to the 4th November, 2019, at 9.00 a.m.

Notify: Iskandar Maged Fawzy Shokry et, 3, Villa Kasana, Triq il-Virdun, Kappara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th September, 2019, Application number 1691/2019 by Joseph Calleja et, whereby they requested that it will be declared open in favour of Joseph Calleja, Grazio sive Harry Calleja, Agnes Maria Nicolina Morris, Carmen Hansen, Emanuel Calleja, Maria Agius and John Calleja brothers and sisters of the decujus in the quota of one eighth (1/8) undivided share each one of them and in favour of Stephanie Axisa and Jonathan Peter Calleja children of the late Peter Paul Calleja the latter brother of the decujus in the quota of one eighth (1/8) undivided part between them the succession of their brother Rosario Calleja, bachelor, son of the late Joachim Calleja and Karmena Calleja née Azzopardi, born in Gudja, Malta, resided in Gudja, Malta and died in Gudja, Malta on the 1st July, 2018, aged 81, who held identity card number 0322437M.

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 Courts and Tribunals

By means of a decree of the 2nd October, 2019, of the Rent Regulation Board, in the records of the Application in the names John Micallef et vs Tsevtoka Svetlana Kalinova, Application Number 117/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Tsevtoka Svetlana Kalinova 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 John Micallef (ID 778455M) and Godwin Micallef (ID 778355M) vs Tsevtoka Svetlana Kalinova (ID 42745A) filed before the Rent Regulation Board on the 5th June, 2019, the applicants John Micallef and Godwin Micallef request with respect that:

The applicants rented to the respondent the property bearing the address Black C, Talisman, Penthouse 6, Triq il-Wied, Birkirkara, which lease is now terminated;

The respondent failed to pay the electricity and water arrears which amount to the sum of €327.29;

That moreover, the respondent has caused several damages to the property in question and furthermore the respondent stole a sofa and four chairs from the same property;

That the damages incurred in the property together with the items stolen by the respondent amounted to the global sum of €2,769;

That the respondent had paid a deposit amounting to €1000 which sum has to be deducted from the amount due as hereabove explained;

That therefore, the total amount due to the applicants amount to the sum of €2,196.29;

That notwithstanding the respondent was solicited several times to pay the sum hereabove mentioned, the respondent failed to pay.

Says the respondent why this Honourable Board shouldn’t:

1. Declare the respondent as applicant’s debtor of a sum of €327.29 which sum represents electricity and water bills arrears;

2. Order that respondent pays applicant the sum of €327.29;

3. Declare respondent responsible for damages caused to applicant’s property in the sum of €2,769 or any other sum as liquidated by this Board if needs be by the appointment of nominated experts;

4. Order that from the sum liquidated, there shall be deducted the deposit of €1000 paid by the respondent;

5. Condemn respondent to pay the applicants the sum of €1,769 or any other sum duly liquidated as per third claim.

With costs and legal interest till the date of final payment.

Applicants: 116 Rustica, Triq L. Casolani, Birkirkara

Respondent: Cherubs, Fl. 2, Triq il-Kan. Karmenu Pirotta, Birkirkara

The application in the names John Micallef et vs Tsevtoka Svetlana Kalinova, Application Number 117/2019MV, has been postponed for hearing to the 28th November, 2019, at 10.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 22nd October, 2019, following a request of Maria Dolores Sant, it was ordered that deputy curators be chosen to represent the absent Nazzareno Mahmoud, in the records of the Mediation 2614/19 AL, in the names Maria Dolores Sant vs Deputy Curators, and in the other relative and subsequent acts.

By means of an Application filed in the Civil Court (Family Section) in the records of the Mediation number 2614/19, Maria Dolores Sant (ID 0367284M) vs Deputy Curators to represent the absent Nassar Mahmoud (passport of Egypt number 543439) on the 21st October, 2019, the applicant Maria Dolores Sant (ID 0367284M) asked this Honourable Court for the reasons mentioned in the same Application:

To appoint deputy curators to represent the said absentee and namely Nasar Mahmoud son of Said Mahmoud Nassar and Atiat Abd Elmen Em Madbouly née Madbouly, born Egypt on the 19th July, 1975, in the records of the Application, confirmed by oath and filed together with the present as well as the other relative and subsequent acts.

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th September, 2019, Application number 1625/2019 by Jacqueline Sarah Bonavia et, whereby they requested that it will be declared open in favour of Sarah Zerafa and Joseph Galea brother and sister of the decujus in the quota of one fifth (1/5) undivided share each one of them, in favour of Jacqueline Sarah Bonavia daughter of the late Edgar Galea the latter brother of the decujus in the quota of one fifth (1/5) undivided share, in favour of Charles Manuel Galea and Maria Mooney children of the late Charles Galea the latter brother of the decujus in the quota of one tenth (1/10) undivided share each one of them and in favour of Jonathan Galea son of the late Michael Galea the latter brother of the decujus in the quota of one fifth (1/5) undivided share the succession of their sister Jane Marzilliano, widow, daughter of the late Carmelo Galea and Olga née Vella, born in Malta, resided in Florida, United States of America and died in Pinella’s County, United States of America on the 23rd January, 2016, aged 73.

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 Courts and Tribunals

By means of a decree given by the First Hall Civil Court by this Court (TA), on the 10th October, 2019, in the records of the Application in the names Commissioner for Revenue vs Younes Mellgren, Application number 416/19 TA, the following publication was ordered for the purpose of service of the respondent Younes Mellgren, in terms of Article 187(3) et sequitur of Cap. 12. 

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the Swedish competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible for Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the Swedish applicant authority in the amount of ninety-nine thousand, four hundred and eighty-four euro and 70 cents (€99,484.70), as results from the Uniform Enforcement Instruments here attached and marked as Doc. A and Doc. B together with interest due by law;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent has a right to a translation of Doc. A and Doc. B into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. C to inform the respondent that he may request the mentioned translation within seven (7) days of service of Doc. A and Doc. B.

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A, Doc. B and Doc. C to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A and Doc. B as official copy, such that said document constitutes executive title.

Applicant: Commissioner for Revenue, Inland Revenue Department, Floriana FRN 0170

Respondent: 190, Sea Reach Court, Flat 6, Triq il-Kbira, San Ġiljan STJ 1016

Document List

Doc. A ‘Uniform Enforcement Instrument’ issued by the Swedish requesting authority

Doc. B ‘Uniform Enforcement Instrument’ issued by the Swedish requesting authority

Doc. C Document that informs the respondent of his right to request a translation of Doc. A and Doc. B

The Application in the names Commissioner for Revenue vs Younes Mellgren, Application number 416/19 TA, has been deferred for hearing to the 9th December, 2019, at 9.30 a.m.

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 October, 2019, by the Court herein mentioned (AF) in the Courts of the Sworn Application in the names England William noe vs Cissa Limited, Application Number 869/19 AF, the following publication was ordered for the purpose of service of the respondent company Cissa Limited (C 36023), 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 William England (ID 306574M) as administrator of Madliena Village Owners Association vs Cissa Limited (C 36023) on the 12th September, 2019, the applicant humbly asked this Honourable Court:

1. To decide this cause without proceeding to a hearing for the purposes of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondent company owes the applicant company the amount of thirty-one thousand and fifty-one euro (€31,051) representing its share pro rata of the contributions due by the respondent company towards the interpellant association as stated in this application;

3. Condemn the respondent company to pay the applicant the sum of thirty one thousand and fifty-one euro (€31,051).

With costs, as demanded till the effective payment, against the respondent company whose Directors are summoned so that a reference to their evidence be made.

The Sworn Application in the names England William noe vs Cissa Limited, Application Number 869/19 AF, has been deferred for hearing to the 14th November, 2019, at 9.30 a.m.

Notify Respondent Company: 130 A, Triq l-Arċisqof, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th September, 2019, Application number 1692/2019 by Vincenza Rickett whereby she requested that it will be declared open in her favour the SUCCESSION of her sister Maria Lourdes Attard, unmarried, daughter of Carmelo Attard and Maria Attard née Gauci, born in Żejtun, Malta, resided in Paola, Malta and died in Tal-Qroqq, Msida, Malta on the 13th January, 2019, aged 85 and who held identity card number 840733M.

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 Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 13th September, 2019, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Lacoste it was ordered that deputy curators be chosen to represent Lebes Tekstil Dis Ticaret Ltd STI and El Farouk Commerce International, in the records of the Sworn Application 856/2019 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatory of Lacoste, a foreign company organised under the French laws with address of 23-25, rue de Provence, F-75009, Paris, France vs Deputy Curators to represent: 1) Lebes Tekstil Dis Ticaret Ltd STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No 2 Beyazit/34130 Fatih-Istanbul in Turkey, and 2) El Farouk Commerce International a foreign entity with indication of address of Bacha Centre 75 Avenue Khaier Eddina Bacha Bloc C 2 Eme Etage Appartment C6 Mont Plaisir 1076-Tunis in Tunisia on the 6th September, 2019, the applicant Advocate Doctor Luigi A Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Lacoste a foreign company organised under the French laws with address 23-25, rue de Provence, F-75009 Paris, France, asked this Honourable Court: 

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of products consisting of pairs of sports shoes (in plastic packaging material), which all of them have several identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company and duly registered in the European Union with numbers 002979524, 002979581 and 002979565 respectively which objects are all presently held under the authority of the Director General (Customs) after he found that the container ECMU8083945 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered trade marks of the European Unione with numbers 002979524, 002979581 and 002979565 respectively;

2. Declare that the same objects and namely a quantity consisting of pairs of sports shoes (in plastic packaging material) which all of them have on them identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company duly registered in the European Union with numbers 002979524, 002979581 and 002979565 are falsified objects; 

 3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual distruction, to the attendence of the distruction and to the removal of the waste generated from the same distruction.

With costs, against the defendants summoned so that a reference to their evidence be made.

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of Lacoste, a foreign entity organised under the French laws with address of 23-25, rue de Provence, F-75009 Paris, France; 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent: 1) Lebes Tekstil Dis Ticaret Ltd STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No 2 Beyazit-34130 Fatih-Istanbul in Turkey, and 2) El Farouk Commerce International a foreign entity with indication of address of Bacha Centre 75 Avenue Khaier Eddine Bacha Bloc C 2 Eme Etage Appartement C6 Mont Plaisir 1076-Tunis in Tunisia

Courts of Justice, Valletta (two copies)

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 th 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 Noel Cuschieri LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By judgement given by the Civil Court, First Hall, on the 16th July, 2019, on the application number 1028/2017LSO in the names Kenneth William Donaldson (ID 24624A) noe vs Dr Martin Fenech et noe, and after decree dated 31st October, 2019, Tuesday, 3rd December, 2019, at half past ten in the morning (10.30 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:

Internal room numbered one (1) of approximately thirteen square metres (13sqm) integrally forming part of tenement numbered twenty one (21) in Triq Karlu, Valletta, with servititude consisting of right of internally passage of the said tenement numbered twenty one (21). The offers will start as estimated in the architect report of eighteen thousand euro (€18,000).

The said tenement is the property of St Charles Street Ltd (C 61072) society and Frank Camilleri or his successors in title and by decree dated 28th November, 2017, Dr Martin Fenech and LP Doreen Aquilina were nominated as curators for the absent. 

N.B. The said tenement will be sold as described in the acts of judicial sales number 43/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th October, 2019, in the records of the judicial letter number 3814/18 in the names Attard Bros. Construction Materials Ltd vs Edilmair Ltd, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Edilmair Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Edilmair Ltd (C 79626) of The Cape Residence, Blk 8, Apt 851, Triq Patri Indri Schembri, Ħal Luqa, LQA 1857.

By means of this present Attard Bros. Construction Materials Ltd (C 29511) of Mikesand Industrial Zone, Ta’ Qali, Ħ’Attard ATD 4000, solicits you so that within one week from today you pay the amount of €29,400.29 representing the price of material sold and delivered to you or in default of payment, a lawsuit will be instituted against you.

The interpellant invites you to provide adequate guarentee for the payement of its claims or in default it will have no option but to obtain the issue of precautionary warrants, to safeguard its rights until payment is made. 

So much for your own guidance

With costs and interests accrued from the date of several consignments till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th October, 2019, in the First Hall of the Civil Courts in the records of the judicial letter number 2620/2019 in the names Bank of Valletta plc vs Edmond Mugliett et, the following publication was ordered for the purpose of effecting service on the respondent Edmond Mugliett in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Edmond Mugliett (ID 661762M) of 126, Triq Atocia, Ħamrun; Nike Ventures Limited; Blue Finance Limited; Grant Capital Investments Limited and Mond Navigation Limited, on the 12th July, 2019, Bank of Valletta plc of 1/5, Misraħ San Ġorg, Valletta VLT 1190, solicits you together and in solidum between you so that within one week you refund and return to the interpellant company the sum of €95,925.00 this being a sum of money withdrawn and/or withheld by you without any right and fraudulently in a direct or indirect manner from the joint accounts numbered 11508584020 and 11508584017, together with legal interest from the day of the withdrawing of the said amount from the said accounts which withdrawal was abbusive, illegal, without any right and fraudulent since such funds did not belong to you.

With costs and reserving the rights to any other action by the interpellant according to law.

If you fail the interpellant will proceed against you according to law without further notice.

So much for your own guidance.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 105/2019 in the names Automated Revenue Management Services Limited vs Emanuel Portelli, the following publication was ordered for the purpose of effecting service on the respondent Emanuel Portelli in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Emanuel Portelli (ID 708255M) of 13, Telgħa tas-Saqqajja, Mdina MDN 1400

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, refers you to the contract signed by you before Notary Anthony Bonnici on the 4th July, 2017, where you consistuted yourself in favour of the interpellant company as debtor for the sum of €17,000.00 and also you obliged yourself to pay the same amount in monthly rates. The interpellant company informs you that from the sum of €17,000.00 one payment was made of €400.00 and thus the ammount due is that of €16,600.00.

Thus, whilst you are being informed that with this default you lost the xxxx and solicits you so that within seven (7) days from the notification of this judicial letter you pay the interpellant company the balance of €16,600.00 together with the relative interests. In case that the payment is not made the company will proceed with the issue of the opportune warrants according to law.

So much so that you may know how to proceed and to avoid useless costs.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 29th October, 2019, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 29th October 2019 in the records of the schedule of deposit and contemporaneous redemption of ground rent number 297/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Karol Mifsud, employed, holder of Identity card number 18890G, as the special mandatary of the absent Saviour Borg, handyman, and his wife Yvonne Borg, housewife, holders of respective Identity card numbers 27757G and 9353G versus deputy curator to represent the unknown direct owners of property number 49, Triq Xjuf ir-Riħ, Nadur, Gozo hereunder in this schedule of deposit and contemporaneous redemption of the ground rent, filed on the 25th October, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicants are owners of property number fourty nine (49) previously number thirty six (36), in Triq Xjuf ir-Riħ, Nadur, Gozo, bounded on the North by the street, on the East by property of Carmelo Said and on the West by property of Peter Debono, which property was acquired by the applicants by a deed of sale of the eighth (8) of October nineteen eighty seven (1987), in the acts of Notary Doctor Michael Refalo, a copy of which is annexed and marked Doc. A. 

That the above-mentioned property is subject to the payment of an annual and perpetual ground rent of sixteen cents (€0.16), previously six cents five mills of Malta lira (Lm0.06c5), in favour of direct owners which are not known. 

That the same property abovementioned is indicated in the attached site-plan marked Doc. B. 

That the applicants wish to avail themselves of the right provided to them in virtue of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) by redeeming the said annual and perpetual ground rent.

That the sum of sixteen cents (€0.16), capitalised at the rate of 5 percent (5%) amounts to three euro and twenty cents (€3.20).

That the sum of eighty cents (€0.80c) is also due for the arrears of ground rent from the year 2015 to the year 2019.

Therefore, the applicants are requesting this Honourable Court and are depositing under its authority, the sum of four euro (€4.00) representing as regards to the sum of three euro and twenty cents (€3.20), the price of redemption of the said ground rent, and as regards to the sum of eighty cents (€0.80c) for the arrears of ground rent from the year 2015 to the year 2019, so that this same deposited sum can be withdrawn by whoever has a legal right according to the law, after releasing due receipt. 

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act. 

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LL.M. (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo 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 29th day of October, 2019, and this after a written plea numbered 980/19, ordered:

The correction of the Act of Death of Angela Fenech, bearing number 1050 of the year 2019, in the column entitled “Particulars respecting the deceased – Whether married or unmarried, widower or widow”, the word “widow” is to be cancelled and substituted with the 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 September, 2019, following a request by Marco Borg et it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 1760/2019 in the names Marco Borg 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 and subgroundrent filed in the First Hall of the Civil Court, in the names Marco Borg (ID 282365M) and Elizabeth Borg (ID 632963M) vs deputy curators to represent the unknown direct owners and emphyteuta of the property with number 80, with the name Stars and Stripes that is found in Triq il-Qastan, Baħrija, Rabat, Malta and the underneath garages with numbers 78 and 82 respectively, on the 23rd September, 2019, the applicants Marco Borg (ID 282365M) and Elizabeth Borg (ID 632963M) respectfully submitted:

That the applicants acquired by means of a public deed in the records of Notary Dr Mario Bugeja dated 23rd November, 1992, ‘two portions of developable land marked as plots 10 and 11 accessible from a road without name, in Baħrija in the limits of Rabat, Malta ... subject every plot for Lm4.00,0 annual and perpetual groundrent’.

That on these plots the applicants developed the property with number 80 with the names Stars and Stripes and the underneath garages with numbers 78 and 82 respectively.

That the applicants wish to avail themselves of the option given to them by law in terms of article 1501 of Cap. 16 of the Laws of Malta and redeem the said groundrent capitalised with the rate according to law.

That the said groundrent amounts to €18.64 each year which capitalised according to law amounts to €372.80.

Thus the applicants wish to avail themselves of the option given to them in terms of Article 1501 et sequitur of Cap. 16 of the Laws of Malta and redeem the groundrent of the property with number 80, with the name Stars and Stripes that is found in Triq il-Qastan, Baħrija, Rabat, Malta and the underneath garages with numbers 78 and 82 respectively.

And are humbly calling upon this Honourable Court and under its authority are depositing the amount of €372.80 as redemption of groundrent, and also the amount of €93.20 representing the payment of groundrent for the last five years so that they can be freely withdrawn by the respondents after leaving the relative receipt.

Applicants: 80, Stars and Stipes, Triq il-Qastan, Baħrija, Malta

Respondent: Deputy curators to respresent the unknown owners and emphyteuta of the property with number 80 with the name Stars and Stripes that is found in Triq il-Qastan, Baħrija, Rabat, Malta and the underneath garages with numbers 78 and 82 respectively – A&A Properties Limited, Tumas Group Corporate Office, Level 3, Portomaso Business Tower, Portomaso, St Julians

Notify: Director Public Registry, Public Registry, Triq il-Merkanti, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st October, 2019, of the Civil Court First Hall in the records of judicial letter number 2796/2019, in the names Commissioner for Revenue vs Charles Azzopardi, the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Charles Azzopardi (ID 607981M) of 2, Ave Maria, Triq Dun Bartilmew Attard, Ħaż-Żebbuġ

By the present the Commissioner for Revenue of Centre Point Building, Triq Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €30,232.97 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd August, 2019, Application number 1321/2019, by Abigail McManus Sultana whereby she requested that it will be declared open in her favour the succession of her father Mark McManus, bachelor, son of George McManus and Doris McManus, born in Ħaż-Żabbar, Malta, resided in Marsaskala, Malta and died in Ħal Luqa, Malta, on the 17th February, 1994, aged 28, who held identity card number 0403465M.

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 23rd September, 2019, Application number 1670/2019, by Philip Saviour Debattista and Xavier Joseph Debattista whereby they requested that it will be declared open in their favour in equal shares between them the succession of their father Giuseppi Maria Debattista, divorced from Theresa Debattista née Taylor, son of the late Salvu Debattista and Caterina Debattista née Micallef, born in Birkirkara, Malta, resided in San Pawl il-Baħar, Malta and died in Tal-Qroqq, Msida, Malta on the 1st April, 2009, aged 75, and who held identity card number 521843M.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th February, 2019, Application number 311/2019, by Notary Francesca Mifsud noe whereby she requested that it will be declared open in favour of Mary Calleja, Maria Rosaria sive Lucy Scerri, Giorgia Galea, Angelo Buttiġieg and Anthony Buttigieg brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them the succession of Carmelo Buttigieg, bachelor, son of Saviour Buttigieg and the late Theresa née Bonello, born in Ħal Qormi, Malta, resided in Bormla, Malta and died in Bormla, Malta on the 5th April, 2018, aged 64, who held identity card number 256454M.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 23th September, 2019, Application number 1674/2019, by Josette Bugeja whereby she requested that it will be declared open in favour of the same Josette Bugeja, 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 Lincoln and Joelyn, children of the decujus, brother and sister Bugeja in equal shares between them the succession of Mario Bugeja, employed, husband of Josette née Saliba, son of the late Emanuel Bugeja and Mary née Azzopardi, born in Mosta, resided in Mosta and died in Tal-Qroqq, Msida on the 17th February, 2019, aged 58, who held identity card number 0311762M.

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 Courts and Tribunals

By means of a decree given by the First Hall Civil Court, following an application of Maurice Vassallo (ID 188654M) and Victoria Eminyan Vassallo, on the 30th October, 2019, in the records of the Application in the names Lia Joseph vs Vassallo Maruice et, application Number 866/19 MH, the following publication was ordered for the purpose of service of the respondent Joseph Lia, in terms of Article 18793) et sequitur of Cap. 12.

By means of an Application, filed by the applicants Maurice Vassallo (ID 188654M) and Victoria Eminyan Vassallo in the First Hall Civil Court, following judicial letter number 3222/19 in terms of Article 253 of Cap. 12 of the Laws of Malta, in the names Joseph Lia vs Maurice Vassallo and Victoria Eminyan Vassallo, on the 10th September, 2019, the applicant Maurice Vassallo (ID 188654M) and Victoria Eminyan Vassallo (ID 666654M) respectfully pleaded:

That the interpellants have just been notified with a judicial letter dated 28th August, 2019, whereby they were called upon to pay the sum of €11,667.06 in connection with the lease of the premises in Triq Fleur De Lys, Birkirkara, which letter according to the interpellant, respondent in this application, was made in terms of Article 253 of Cap. 12, Doc. A.

That in the first place it is to be submitted that the respondent could not use Article 253 of Cap. 12 and this since the document attached with the judicial letter in question cannot be considered as a promissory note nor as a bill of exchange. In fact Article 261(1) of Cap. 12 is clear in the sense that it specifies the following:

… omissis …

That from a cursory look of the attached document with the judicial letter one immediately notices that there is no indication of the sum due. Thus if the respondent feels that he has any claim to put forward thus he has to institute a cause ad hoc and not try to make use of Article 253 of Cap. 12.

That without prejudice and on the merit it should be that that nothing is due by the interpellant to the respondent. But rather it is the respondent who is a debtor of the interpellant in the sum of circa €1,500, representing costs incurred by the interpellant for the installation of the electricity service in question.

That finally it should be stated that whilst the interpellant Maurice Vassallo declares that he does not remember that he signed document A annexed with the judicial letter, one cannot but remark that it appears strange even prima facie how the same dsocument has two sets of signatures written out differently which do not tally with each other.

Thus the interpellant humbly prays that this Honourable Court in terms of Article 253(e) of Cap. 12 suspend the execution of the alledged promissory note exhibted with the judicial letter number 3222/19 and this under those provisions it deems fit and opportune.

The Application in the names Lia Joseph vs Vassallo Maurice et, Application Number 866/19 MH, has been deferred for hearing to Monday, 11th November, 2019, at 9.00 a.m.

Applicants: 284, Ester, Triq Fleur De Lys, Birkirkara

Respondent: 24, Astor, Triq Giuseppi Callus, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals