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Court Notices published in Govt. Gazette No. 20,344 of 7 February 2020

Date Icon 07/02/2020

Notice 172

172
By a decree of the Small Claims Tribunal of the 23rd October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Falzon Fuel Services Limited (C 45894) of 42, Spencer Hill, Marsa MRS 1955 filed a Claim on the 5th September, 2019, whereby they asked the Tribunal to condemn Buz-Dov Group of Companies (C 53903) of 19, Massabielle, Triq il-Warda, Qrendi, to pay the plaintiff company the sum of  €2,856.98 which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim Number 305/19CZ) is put off on the 12th February, 2020, at 12.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
05 February 2020

Notice 173

173
By means of a decree given by the Civil Court First Hall on the 8th January, 2020, in the records of the Warrant of Eviction in the names Marcus John Scicluna Marshall (ID 617564M) as administrator of the property of the deceased Marquis John  Scicluna vs Saviour  Attard (ID 1040244M) the following publication was ordered for the purpose of service of the respondent Saviour Attard (ID 1040244M) in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall
 Warrant of Eviction Number 1184/19
In the names Marcus John Scicluna vs Saviour Attard
By the present I, being a Court Marshall in terms of Article 384 of the Code of Organisation and Civil Procedure, order you to vacate from the premises hereunder indicated:
22, Triq il-Foss, Vittoriosa
within eight (8) days from today  and leave it vacant from everything which belongs to you.
After eight days have passed and you have not left, further steps as contemplated by law can be taken against you.
This notice is being left at the address indicated in the warrant, 171, Triq San Duminku, Valletta (letter box) by means of the procedure of posting following application and decree of 7/1/20.
Executing Marshall
Notify: Saviour Attard, Flat No. 8, 171, Triq San Duminku, Valletta
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
05 February 2020

Bann for Curators

174
Republic of Malta 
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated 24th December, 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 Organisation and Civil Procedure.
Whereas by a decree dated the 24th December, 2019, in the records of the schedule of deposit and contextual redemption of groundrent number 363/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Marie Josette Vella Magro, Financial Advisor, holder of identity card number 24269G, versus a deputy curator nominated to represent the interests of all interested parties in this schedule and unknown owners of the direct dominium in perpetuity filed on the 18th December, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicant respectfully submits:
Whereas she is the perpetual useful ownership of the room without number situated in Qawra, limits of San Lawrenz, Gozo, with a yard at the back and another small room at the back of the said yard and a veranda at the front, the whole bound from the North East and South West by property of Raymond Vella and from the South East by property of Mercieca family or other correct boundaries including the free airspace on top and underneath as better shown in the annexed plan marked as Document “A’’. 
Whereas on the deed of acquisition or its successors in title, that is the deed of sale in the records of Notary Franceso Refalo of the 28th June, nineteen fifty-one (1951), between Francesco Haber and Francesco Piscopo, it was stated that the said property was subject to an annual and perpetual groundrent of six pence and six shillings equivalent to seven euro cents (€0.07). 
Whereas the applicant wishes to redeem the ground rent thus burthening the portion of land from any burden and encumbrance.
Now therefore the applicant in order to free herself from any responsibility is requesting the authority of this Court and under its authority is depositing the sum of one euro and forty cents (€1.40) which sum of money represents the capitalisation of the aforementioned groundrent at the rate of five per cent (5%) in order that this amount of money deposited can be withdrawn by the respondents after they leave due receipt according to law. 
Applicant: Marie Josette Vella Magro, Panorama Court, Flat 3, Triq l-20 ta’ Lulju, Ta’ Sannat
Respondent: Deputy Curator
Notification: Director Public Registry Gozo 
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 Simone Grech BA, LLD, Mag. Jur (Eur. Law), a Magistrate of the said Court.
DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals
04 February 2020

Notice 175

175
By means of a decree given by the Civil Court ( Family Section) on the 9th January, 2020, by the Court herein mentioned (AL) in the records of the Application in the names Schiavone Massimo vs Saliba Denise, Application Number 460/2019 AL, the following publication was ordered for the purpose of service of the respondent Denise Saliba, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application filed in the Civil Court (Family Section) in the names Massimo Schiavone (ID 188678M) vs Denise Saliba (ID 30471M) on the 8th October, 2019, the applicant Massimo Schiavone (ID 188678M) asked this Honourable Court:
1. To pronounce the dissolution of the marriage between the parties in terms of Article 66B of Cap. 16  of the Laws of Malta and uphold the other demands in the application.
The Application in the names Schiavone Massimo vs Saliba Denise, Application 460/2019 AL, has been put off for hearing to the 18th February, 2010, at 9.15 a.m.
Applicant: c/o Rose, Windmill Street, Birkirkara
Respondent: 33, Casa Padre Pio, Triq Dun Karm Sant, Ħal Tarxien
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
05 February 2020

Notice 176

176
By means of a decree given by the First Hall Civil Court (MCH) on the 9th January, 2020, in the records of the Sworn Application in the names Melita Limited vs Streamcast Limited, Applicatiomn Number 1179/2019 MCH, the following publication was ordered for the purpose of service of the defendant Streamcast Limited (C 82727) 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 Melita Limited (C 12715) vs Streamcast Limited (C 82727) on the 10th December, 2019, the applicant company Melita Limited asked the defendant company to state why this Honourable Court should not:
1. Proceed to give judgement acording to the demand of the applicant company without proceeding to a hearing of the cause in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta, declare the respondent company a debtor in favour of the company Melita Limited for the sum of €294,623.29 and this besides interest according to law till the effective payment.
With costs against the respondent company summoned so that a reference to its evidence be made and saving any other action due to the company Melita Limited in terms of the Service Agreement and/or contract particularly as regards the apparatus of Melita Limited.
The Sworn Application in the names Melta Limited vs Streamcast Limited, Application Number 1179/2019 MCH, has been put off for hearing to the 26th February, 2020, at 9.00 a.m.
Applicant: Gasan Centre, Triq il-Mergħat, Zone 1, Central Business District, Birkirkara CBD 1020
Respondent: Streamcast Limited, 103, Palazzo Pietro Stiges, Triq id-Dejqa, Valletta VLT 1436
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
05 February 2020

Notice 177

177
By means of a decree given by the Civil Court (Family Section) on the 27th January, 2020, in the records of the General Application in the names Kim Spiteri vs Matthew Schembri, Application Number 425/19 AL, the following publication was ordered for the purpose of service of the respondent Matthew Schembri, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a General Application filed in the Civil Court (Family Section) in the names Kim Spiteri previously Schembri (ID 446683M) vs Matthew Joseph Schembri (ID 73785M) on the 19th September, 2019, the applicant Kim Spiteri previously Schembri (ID 446683M) respectfully pleaded:
1. That this is a ‘General’ application since the applicant and the respondent are already legally separated by means of a contract of personal separation dated 4th July, 2018, and the merit of the application does not relate to changes in a matter regulated by the contract but in order to take provisions against the same respondent because abusively he is not following that regulated by the same contract.
2. That according to clause 7(C) of the contract of  personal separation there is stipulated the following:
‘As for travelling of the boy in the document of consent, which document is to be countersigned by a Lawyer or Notary, there is to be indicated the period of that particular trip and the country/countries concerned in that trip.’
3. That in the term of the stipulation abovementioned the respondent notified the applicant that he was going abroad with the minor son … omissis … to Sicily between the 4th September, 2019, till the 10th September, 2019.
4. That without the respondent warning the applicant, he changed  the date of the voyage to the 5th September, 2019, but still collected the minor boy on the 4th September, 2019, … omissis … despite that on the 4th September, 2019, the respondent did not have right of access to the minor.
5. That despite, as it appears in the document of consent signed before the Lawyer of the same respondent, the respondent had to return to Malta on the 10th September, 2019, and the applicant had to collect the minor boy from the terminal of the Virtù Ferries, when the applicant went to the terminal for the return of the catamaran at 11.00 p.m, she waited for nothing.
… omissis …
8. That despite that in clause (7c) there is  stipulated that who goes abroad with the boy has to arrange that every day the boy has to communicate with the party who is in Malta, the respondent failed to let the boy speak to the mother on the 4th September, on the 10th September and on the 11th September, 2019.
9. That the respondent had already repeated these defaults last year when he kept the boy sleeping with him following the return to Malta and did not permit the boy to speak to his mother.
… omissis …
Thus the applicant humbly prays this Honourable Court to order the reasonable and opportune provisions against the respondent so that he is no longer permitted not to observe scrupulously the term of the contract of separation signed between the parties after the due authorisation of this Honourable Court.
Applicant: 31, Triq San Duminku, Tas-Sliema
Respondent: 62, L’Angolo Fiorito, Triq Notabile, Birkirkara
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
06 February 2020

Notice 178

178
It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 30th of January of the year two thousand twenty (2020) (Application number 10/2020BS), Joseph Farrugia and others requested the opening of the succession of George Farrugia, bachelor, son of the late Anthony and Maria Antonia nee Camilleri, born in Victoria, Gozo and used to reside in Xagħra, Gozo, died in Victoria, Gozo, on the seventeenth (17th) of January of the year two thousand and ninteen (2019), intestate, with no children and was superseded only by his two siblings Joseph and Maria Giovanna siblings Farrugia, and two nephews Maria Farrugia and Carmelo siblings Galea, the children of his late sister Carmela wife of Michaelangelo Galea. This is due to the fact that the mentioned Carmela Galea died before him on the twenty-ninth (29th) of October of the year two thousand and seven (2007), and the other son of the mentioned Carmela Galea, and therefore Victor Galea, died before his mother, bachelor and improle, on the twenty-third (23) of April of the year two thosuand and seven (2007), which opening of succession of George Farrugia is to be made as to one third undivided (1/3)  share each one of his siblings Joseph and Maria Giovanna siblings Farrugia and one sixth (1/6) undivided share each one of his nephews Maria Farrugia and Carmel Galea.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns. 
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
05 February 2020