Court Notices published in Govt. Gazette no. 20,357 of 3 March 2020

By decree given by the Civil Court, First Hall on the 26th February, 2020,  on the application of Galea Leanne (ID 79176M), Tuesday, 5th May, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartment numbered one (1) forming part of a block named “Mon Cheri”, without number, in Triq L. Zamenhoff, Msida, situated on the first floor level, with common block access that abuts on the street and is the sole apartment on this floor, overlying and underlying third parties property, including half undivided share of the common parts of the said block and the whole property of the washroom number one (1) on the roof of the said block, bounded on the  North and West by the said roof, and to the West by washroom number two (2) property of John Agius or his successors in title. The apartment is subject to annual and perpetual ground rent of fifteen Maltese liri (Lm15) equivalent to thirty-four euro and ninety-five cents (€34.95), as described and subject to all the conditions mentioned in the acts of Notary Dr Carmel Mangion dated 10th July, year two thousand (10/07/2000) and the block bounds by East with the said street, North and South with property of Alfred Dimech or his successors in title, or other correct boundaries, and is valued at two hundred and seventy-five thousand euro (€275,000).

The said tenement is the property of Camilleri Alfred (ID 81876M) and Camilleri Geraldine (ID 289980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th December, 2019, of the Rent Regulation Board, in the records of the Application in the names Richard Ghirxi vs Anthony Vella, Application Number 229/2019SG, the following publication was ordered for the purpose of effecting service on the respondent Anthony Vella 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 Richard Ghirxi (ID 328784M) vs Anthony Vella filed before the Rent Regulation Board on the 16th October, 2019, the applicant Richard Ghirxi requested with respect and confirmed on oath that:

The applicant bought the premises number Flat 3 (which includes the flat previously flat number 5) 53, Cassar Flats, Triq il-Papa Urbanu VIII, Birkirkara that is rented to the respondent at €240 every six months that is €480 per year;

That according to a declaration made by the respondent with the applicant, he does not reside in these premises leased out to him. He has not been permanently residing there for a number of years. He has another place where to live in Torri l-Abjad but the address is unknwon. In addition, the respondent did not pay the last two payments;

Since he does not live in the premises he was solicited to vacate from the premises or else to sign another lease agreement at adequate rates but he remained in default and this according the the judicial letter sent to him numbered 2279/19 (Doc. B);

So the applicant wants to resume the possession of his immovable as better described above leased to the respondent;

That the applicant at this stage is reserving all of his other rights and so is purposely limiting this action for the resumption of the vacant possession of the property in question;

For these reasons abovementioned there exist all the elements requested in terms of Article 16A of the Laws of Malta so that this Honourable Board upholds the requests without proceeding to trial because as far as the applicant knows the respondent does not have any defence to make against these requests, and this as confirmed in the sworn declaration filed together with this application.

Thus the applicant requests with respect this Honourable Board so that it:

1. Decides and uphelds the sworn requests of the applicant without proceeding to trial and this in terms of Article 16A of the Reletting of Urban Property Regulation Ordinance (Chapter 69) in view of the above sworn declaration and also according the the sworn declaration here attached and marked as Doc. C;

2. Condenms the respondent so that within a short and peremptory time he vacates from the premises number Flat 3 (that includes also the flat previously Flat number 5) 53, Cassar Flats, Triq il-Papa Urbanu VIII, Birkirkara.

With all costs including those of the legal letter number 2279/19 and reserving the right for any other action against the respondent according to law.

Plaintiff: Silvi, Triq is-Sienja, Ta’ Paris, Birkirkara

Respondent: 53, Flat 3, Cassar Flats, Triq il-Papa Urbanu VIII, Birkirkara

The application in the names Richard Ghirxi vs Anthony Vella, Application Number 229/2019SG, has been postponed for hearing to the 23rd March, 2020, at 12.15 p.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Courts (Family Section) on the 20th February, 2020, in the records of the Sworn Application in the names Mary Rita Mifsud vs Mifsud Michael, Application Number 34/08 AGV, the following publication was ordered for the purpose of service of the respondent Mary Rita Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the Civil Court (Family Section) in the names Mary Rita Mifsud vs Michael Mifsud on the 31st December, 2019, the applicant Michael Mifsud (ID 737249M) in terms of Article 823(2) of Cap. 12 of the Laws of Malta respectfully pleaded:

1. That contextually with the present application the interpellant presented an application with a request for the cancellation of the judgement of this Honourable Court of the 8th October, 2019, in the names premised and the consequent new trial of the cause and this in terms of Article 811 of Cap. 12 of the Laws of Malta.

2. That as results from the application for a new trial, the interpellant considers that the abovementioned judgement was given due to the deceit of the plaintiff and the same judgement was the effect of a mistake which does not result from the records or which is positively excluded.

3. That as a conseqence of all this there is no doubt that the interpellant is suffering and shall suffer a serious and irrimediable prejudice.

4. That it is thus necessary that this Honourable Court order the suspension of the execution of the judgement of the 8th October, 2019.

Thus and in view of the above the interpellant Michael Mifsud respectfully prays that this Honourable Court order the stopping of the execution of the judgement of this Honourable Court of the 8th October, 2019, in the names Mary Rita Mifsud vs Michael Mifsud and this in terms of Article 823(2) of Cap. 12, saving any other provision it deems fit and opportune and saving any order that this Honourable Court deems necessary.

Notify respondent: Flat 4, Navillus Flats, Triq Lapsi, San Ġiljan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th October, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1193/2019 in the names Carmelo Micallef et vs Mark Busuttil, the following publication was ordered for the purpose of effecting service on the respondent Mark Busuttil in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Mark Busuttil (ID 38076M) of Flat 4, Honey Bun Flats, Triq il-Kapuċċini, San Ġwann 

By the present, Carmelo, Joseph, Aronne and Anthony brothers Micallef and also Doris Micallef and Mary Jane Micallef all as owners of the flat number 4, Honey Bun Flats, Triq il-Kapuċċini, San Ġwann, solicit you so that within two days you pay the sum of  €1,626.00 representing three rent installments and that is the installments of the 9th June, 2018, 9th December, 2018, and 9th June, 2019.

With costs and legal interest till the day of effective payment.

You are warned that this is the second legal letter sent to you for payment and if you remain in default further judicial procedures will be taken against you according to the law of eviction.

So much for your own guidance.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th February, 2020, of the Rent Regulation Board, in the records of the Application in the names Signrite Limited vs Richmoore and Anderson Limited, Application Number 80/2019JD, the following publication was ordered for the purpose of effecting service on the respondent company Richmoore and Anderson Limited 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 Signrite Limited (C 17625) of 8, Triq il-Poeta, Mosta MST 3823 vs Richmoore and Anderson Limited (C 50459) of Sunshine Court No. 5, Triq il-Ftieħ, Birkirkara filed before the Rent Regulation Board on the 14th October, 2019, the applicant Signrite Limited (C 17625) requested with respect that the respondent company pays the sum due by them of €11,000 representing the rent arrears and compensation due by you in connection with the lease of the premises Signrite Building, Triq in-Nassab, Ħal Qormi as by you accepted and signed by means of an agreement dated 31st January, 2019.

With costs including those of the judicial letter dated 22nd March, 2019, with legal interest from the 1st February, 2019, against the respondent company that is from now summoned so that a reference to its oath be made.

Applicant: Signrite Limited, 8 Triq il-Poeta, Mosta MST 3823

Respondent: Richmoore and Anderson Limited, Sunshine Court No. 5, Triq il-Ftieħ, Birkirkara

The application in the names Signrite Limited vs Richmoore and Anderson Limited, Application Number 80/2019JD, has been postponed for hearing to the 2nd April, 2020, at 10.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th February, 2020, in the records of the judicial letter number 4279/19 in the names Philippa sive Lynn Zahra et vs Mark Grima et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Sylvana Grima in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Mark Grima

Carol Cutajar previously Grima

Simon Grima 

And Sylvana Grima (ID 341969M) of 2 Nem, Triq il-Lbiċ, Madliena l/o Swieqi

By means of this present Philippa sive Lynn Zahra (ID 258959M) of 23/14, The Strand, Tas-Sliema and Chase Zammit (ID 465198M) of 36, Flat 4, Tyriq Pretty Bay, Birżebbuġa, make reference to the agreements of November 2003 and December 2005 by means of which you obliged yourselves and agreed to pay the predecessors of the applicants the total amount of €119,245.28 equivalent to Lm51,192 - and whilst they draw your attention to the fact that you remained in default of payment of this amount although you always recognised and acknowledged that the said sum is due, formally solicit you so that within five (5) days from the date of notification of this judicial letter you pay the applicants the sum due by you besides the interest according to law till the date of effective payment.

In default further proceedings will be taken against you according to law including the issue of the opportune precautionary warrants without further notice.

So much so you may know how to regulate yourselves.

This judicial letter is being made for all the effects and purposes the provisions of Chapter 12 and Chapter 16 of the Laws of Malta.

With costs.

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 Board on the 13th February, 2020,  following a request of Louis Zammit proprio et nomine it was ordered that deputy curators be chosen  to represent the absent directors on behalf of the respondent company Road House Brothers Limited in the records of the Sworn Application 211/2020JD, in the names Louis Zammit proprio et nomine vs deputy curators to represent Road House Brothers Limited and in the  other relative and subsequent acts.

By means of a Sworn Application filed in the Rent Regulation Board in the names Louis Zammit (ID 0530260M) who is appearing both in his own name and also as special mandatory of the absent Josephine Johnson Zammit passport number 1141681 and also Dorothy Zammit Marteus passport number GF 136531 vs deputy curators to represent Road House Brothers Limited (C 83681) filed on the 30th September, 2019, the applicant Louis Zammit proprio et nomine premised with respect and confirmed on oath:

That the applicants are the owners of the premises bearing reference number 149 No. 1 in Triq Sant’Antnin, Buġibba.

That the applicants granted by title of lease the same property to the respondent company and this in terms of the private writing dated 28th November, 2017 (copy here attached and marked as Doc. A) and this at the rent of €45 per day, payable every three months in advance.

That the respondent company is in default of the rent payments for the period from the 1st May, 2017, onwards but in view of the fact that when the agreement was signed the respondent had paid an additional three months’ rent as a deposit, therefore it follows that once the applicants had converted, as they were entitled to do, the said payment to cover arrears of rent, they are paid for the months of May, June and July 2019. However, the same respondent company did not pay the payment due on the 1st August, 2019, and for the months of August, September and October 2019 and this notwithstanding that the same respondent company was requested to make such payment.

In addition, the same respondent company did not pay the rent of the meters and electricity consumption from January, 2019, till 27th May, 2019, which arrears amount to €1,403.80.

Thus the respondent company has to pay the total amount of €5,303.80.

In terms of Article 20 of the lease private writing (Doc. A) the applicants are entitled to take back the possession of the same premises prior to the term agreed upon - the precise words of the clause are these: “If the tenant is in default of payment of one installment of rent and remains so in default for a period of fifteen days from the date when rent is due, this deed shall terminate ipso juri, and this without prejudice to all the Landlord’s rights at law to institute legal proceedings to demand payment for rent due or compensation for damages caused or any other payments due to the Landlord.”

That the applicants also make reference to clause number 23 and 24 of the same private writing and are reserving unprejudiced their rights in terms of the same.

When requested to return back the said premises to the applicant, the tenant company remained silent and neither did it reply to the invitation that was made and so it means that it did not accept to give back the possession of the premises to the applicants.

Thus, the respondents are to state why this Honourable Board should not decide to:

1. Proceed to the judgement according to the request of the applicant   without proceeding to trial and this in terms of Article 16A of Chapter 69 of the Laws of Malta;

2. Condemn the respondent company to pay the amount of €5303.80 as above explained, representing the rent and payment due for the consumption of electricity;

3. Declare that the respondent company does not have any right for the protection in occupying the said premises;

4. Declare the termination of the relative lease and consequently the respondent company is occupying and holding the said premises without any valid title at law;

5. Order the eviction of the same respondent company from the premises property of the applicant and that is the premises 149, No. 1, Triq Sant’Antnin, Buġibba and this within a short and peremptory time that is fixed by the Board - as above said and for the reasons mentioned.

Reserving any other action against the respondent for all the payments due till the date of eviction from the premises, and with costs including those of the legal letter dated 17th July, 2019, against the respondent company that is from now summoned so that a reference to its oath be made.

The application in the names Louis Zammit proprio et nomine vs Road House Brothers Limited  Application Number 211/2019JD has been postponed for hearing to the 16th March, 2020, at 11.15 a.m. 

Applicant: Louis Zammit, 2 Triq it-Torri, Qrendi

Notification: Deputy curators 

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

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Board 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 Board.

Given by the Rent Regulation Board, abovementioned, with the witness of the Hon. Magistrate Josette Demicoli LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 27th January, 2020, on the application of Zammit Joseph (ID 399654M) et, Thursday, 23rd April, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Arcives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The half undivided share of a grave at the Addolorata Cemetery, Paola numbered fifteen (15) in the West Division, Section ‘G’, Compartment ‘E’. The grave is divided in two (2) sections (top and bottom) divided by drawing slabs. The area of the grave is approximately two point five seven two (2.572) square metres and valued at four thousand euro (€4,000).

The half undivided share of a cart room in Triq San Neriku, Tas-Sliema converted to a garage numbered twenty-seven  (27) free and unencumbered from anything else, with all its rights and appurtenances, with temporary utile dominium for the remaining period of one hundred and fifty (150) years, commencing from the second (2nd) September, one thousand, eight hundred and ninety-one (1891), valued at twelve thousand and five hundred euro (€12,500).

The said tenements are the property of vacant inheritance of Carmelo sive Charles Zammit (ID 555031M) and by decree dated 4th May, 2016, Dr Noel Bartolo and Legal Procurator Madeline Firman have been appointed as deputy curators for the deceased.

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 15th January, 2020, Application number 59/2020 by Charyl Azzopardi whereby she requested that it will be declared open in favour of  Raymond Ciappara, husband 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 Charyl Azzopardi and Glenn Ciappara children of the decujus in equal shares between them the succession of Maria Dolores Ciappara, wife of Raymond Ciappara, daughter of Lawrence Zahra and Carmela nee Camenzuli, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta and died in Ħal Qormi, Malta on the 16h November, 2019, aged 64, who held identity card number 0490655M.

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 27th December, 2019, in the First Hall of the Civil Courts in the records of the judicial letter number 3737/2019 in the names Bank of Valletta p.l.c. vs Edgar Mifsud et, the following publication was ordered for the purpose of effecting service on the respondents Edgar Mifsud and Suzanne Mifsud in terms of Article 187(3) et sequitur of Chapter 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Edgar Mifsud (ID 402463M) of 35A, Triq Sant’Antnin, Tas-Sliema and Suzanne Mifsud (ID 576763M) of 68, Melody, 17, Triq Don Luigi Rigord, Pembroke, on the 26th September, 2019, Bank of Valletta p.l.c. of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, whilst making reference to two private writings dated 2nd Augut, 2000, and 12th July, 2002, where you guarenteed together and in solidum with Real Time Real Estate Limited the debts of the same Real Time Real Estate Limited with the company Bank of Valletta p.l.c., solicits you so that within two days you pay together and in solidum the sum of €66,143.63 balance of debt in your Overdraft Account of Real Time Real Estate Limited together with further interest from the 13th September, 2019, till the date of effective payment.

This solicitation is being made without prejudice for other procedures filed against you by the interpellant company for other balances due by you.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th December, 2019, of the Civil Court First Hall in the records of judicial letter number 673/19, in the names Housing Authority vs Giulio Zammit, the following publication was ordered for the purpose of effecting service on the respondent Giulio Zammit in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To Giulio Zammit (ID 0358179M) of Block A, Flat 21, Triq il-Ħawħa, San Ġwann

By the present, the Housing Authority of 22, Triq Pietro Floriani, Floriana, is soliciting you so in terms of Article 9 and the subsequent articles of Chapter 573 of the Laws of Malta - Government Lands Act - you vacate from the premises Block A, Flat 21, Triq il-Ħawħa, San Ġwann within 30 days from the notification of this judicial letter and this since the premises are occupied by you without any title at law.

This judicial letter is being sent in terms of Article 9 and subsequent articles of Chapter 573 of the Laws of Malta - Government Lands Act - and by means of this you are warned that if you fail to file an application against the interpellant before the the Administrative Review Tribunal within 20 days from the notification of this judicial letter, where you request that this eviction is without any legal basis, and this according to Article 12(i) of Chapter 573, and so this order for eviction will be an executive title.

So much for your own guidance and with costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 6th February, 2020, Application number 179/2020 by Maria Grazia sive Myriam Grech, Joseph Attard, Dorothy Grech, Bernardette Micallef and David Attard, whereby they requested that it will be declared open in their favour in the quota of one fifth (1/5) undivided share each one of them the succession of  their mother Maria sive Mary Dominica sive Mary Attard, widow of Carlo Attard, daughter of the late John Dougall and Lucrezia Dougall nee Abdilla, born in Senglea, resided in Birkirkara and died in Buġibba, Malta on the 25th September, 2019, aged 87, who held identity card number 0099032M.

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 6th February, 2020, Application number 180/2020 by Ruben Fiteni, Jonathan Fiteni and Yanika Fiteni, whereby they requested that it will be declared open their favour in the quota of one third (1/3) undivided share each one of them the succession of their mother Cecilia Fiteni, widow of Oreste, daughter of the late George Sarser and Antonia nee Ciantar, born in Ħal Tarxien, resided in Ħal Tarxien and died in Tal-Qroqq, Msida on the 2nd March, 2019, aged 66, who held identity card number 760352M.

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 3rd December, 2019, Application number 2138/2019 by Lawrence Vella et, whereby they requested that it will be declared open in favour of  Lawrence Vella, Joyce Bugeja, Irene Magri and Gilbert Vella in the quota of one fourth (1/4) undivided share each one of them the succession of their mother Maria Vella, widow of  Robert, son of the late Michele Hili and Lorenza Hili nee Vella, born in Vittoriosa, Malta, resided in Fgura, Malta and died in Fgura, Malta on the 24th May, 2017, aged 86, who held identity card number 112331M.

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 22nd January, 2020, of the Civil Court First Hall in the records of judicial letter number 4176/19, in the names Malta Industrial Parks Limited vs Joseph Mercieca, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Joseph Mercieca (ID 38874M) of 9, Karif Flat 4, Triq Giuseppe Despott, San Pawl il-Baħar and in San Ġwann Industrial Estate in the kiosks parked in front of the company Ablecare that is MMH Academy where there is the ATM of Bank of Valletta in the opening in front of the company Foster Clark in Triq Sir Anthony Mamo.

By the present  Malta Industrial Parks Limited (C 28965) of MIP, 88, Triq il-Wied tal-Imsida, Birkirkara BKR 9020, as the competent authority according to the provisions of  the Government Lands Act (Chapter 573) is ordering you to vacate and remove any movable objects belonging to you that is kiosks and any other similiar installations from the site in San Ġwann Industrial Zone and this within thirty (30) days from the notification of this judicial letter which judicial letter is being sent to you in terms of the provisions of Art 9 et sequitur of Chapter 573.

The reason for this decision is that you are occupying the property without any title at law and till today you failed to vacate.

Thus you are warned that if you do not oppose this judicial letter in terms of law, the decision for the eviction will have effect as if it were a court decision and in default of compliance, the interpellant will issue the opportune warrant of eviction.

With due reservation for any compensation for the occupation of the premises by the interpellant till the date of effective eviction.

This will serve as a warning and for your own guidance.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 27th January, 2020, Application number 129/2020 by John Zahra, Carmen Ellul, Joseph Zahra, Angelo Zahra, Emanuel Zahra, Rokku Zahra, Raymond Zahra, Antonio sive Anthony Zahra, Carmelo Zahra all brothers and sisters Zahra, whereby they requested that it will be declared open in their favour the succession of  their brother Mariano sive Mario Zahra, bachelor, son of Francis Zahra and Giuseppa nee Zahra, born in Żurrieq, Malta, resided in Żurrieq, Malta and died in Ħal Far, limits of Birżebbuġa, Malta on the 31st October, 2019, aged 63, and who held identity card number 16756M.

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

Notice Registry of the Civil Court, First Hall

Whereas Maria Rosaria Roxane Borg (ID 236899M) filed an application under oath (No. 176/2020JVC) demanding the correction of the Act of Birth No. 2368/1999 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court,

KAREN FALZON

For Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 7th October, 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).

Lefram Ltd (C 12278) of 1, Rodunta Apartments, Curate Schembri Street, Mosta, filed a Claim on the 2nd October, 2019 whereby they asked the Tribunal to condemn Silvio Brincat (ID 474260M) of 25, St Joseph Garage, Triq Schembri, Ħamrun, to pay the plaintiff company the sum of €1,959.93 which amount is due to the plaintiff company.

With costs and interest

The case (Claim Number 282/19CZ) is deferred on the 9th March, 2020, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 3rd May, 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).

Shanice Cutajar (ID 0107397M) of Evergreen, Fl 4, Triq Pietru Xuereb, Tal-Pietà, Malta, filed a Claim on the 8th April 2019 whereby she asked the Tribunal to condemn Alexander Golukin (ID 0533514L) of 34, Triq Sant’Antnin, Tas-Sliema, Malta, to pay the plaintiff the sum of €3,464.43, which amount is due to the plaintiff.

With costs and legal interest

The case (Claim Number 74/19AM) is deferred on the 26th March, 2020, at 12.00 p.m.

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 27th November, 2019, following a request by Salvu Cini et it was ordered that deputy curators be chosen to represent the legacy of Father Giuseppe Bonello and other unknown owner or owners in the acts of the schedule of deposit number 2203/2019 in the names Salvu Cini 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 Salvu Cini (ID 536952M) born in Rabat on the 13th July, 1952; Catherine Zammit (ID 256050M) born in Rabat on the 6th March, 1950; and Rita Azzopardi (ID 315557M) born in Rabat on the 7th April, 1957, brothers and sisters Cini, children of the late Michael Cini and Grace née Tanti vs Deputy Curators to represent the legacy of the priest Giuseppe Bonnello and other unknown owner or owners filed on the 21st November, 2019, the applicants respectfully submitted:

That they are the owners of the premises, namely the shop with the name Micky’s with official number 27 with access from Triq Santu Wistin and another access without number from Triq ir-Repubblika in Rabat, Malta, as it is better described on the site plan here attached and marked as Doc. AC1;

That the applicants acquired the premises de quo from the inheritance of their parents and that is from Michael Cini and Grace Cini née Tanti who died on the 21st November, 1989, and 20th May, 2006, respectively. Moreover, the said Michael Cini acquired the said premises by means of a deed in the records of Notary Salvatore Abela dated 16th September, 1969, a copy of which is attached and marked as Doc. AC2;

The above mentioned premises is subject to the annual and perpetual groundrent of €1.07;

The applicants wish to avail themselves of the option given to them by means of article 1501 of the Civil Code and redeem the groundrent above mentioned;

The applicants do not know to whom this ground rent is due and this it is not being paid;

That together with this schedule of deposit, the applicants are filing an application for the appointment of deputy curators to represent the interest of the unknown direct owners;

That the annual and perpetual groundrent of €1.07 capitalised at the rate of 5% amounts to €21.40;

That the applicants wish to pay five years instalments of groundrent and namely the sum of €5.35 whilst for all intents and purposes, they are paying the laudemium in the amount of €1.07.

Thus the applicants are calling upon this Honourable Court and under its authority is depositing the total amount of €27.92 so that this sum may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Depositors Salvu Cini, 124, Sarimarch, Triq Ġorġ Borg Olivier, Rabat, Malta

Catherine Zammit, 25 Casa Zammit, Triq Monsinjur Pietru Pawl Saydon, Iklin

Rita Azzopardi, 294, DanRit, Triq il-Kbira, Ħal Qormi

Notification: Deputy curators 

Director Public Registry, Triq id-Dejqa, Valletta

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman, 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 27th November, 2019, following a request by Peter Paul Micallef it was ordered that deputy curators be chosen to represent respondents or their heirs of Carmela Borg, Giuseppa and Giuseppe Caligari and Mistral Developments (Malta) Limited in the acts of the schedule of deposit number 2233/2019 in the names Peter Paul Micallef 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 Peter Paul Micallef (ID 344348M) vs Deputy Curators to represent Carmela widow of Carmelo Borg, Giuseppa and Giuseppe Caligari and Mistral Developments (Malta) Limited filed on the 25th November, 2019, the applicant respectfully submitted:

That by means of a contract in the records of Notary Doctor Anthony Gatt on the 9th July, 1980, the applicant Peter Paul Micallef acquired from Carmel Borg a portion of land, which is partially developable and partially forms part of a road which land forms part of a field known as Tal-Mensija sive Ta’ Ħdejn il-Mensija sive Ta’ Kejjel of superficial measurement of 348sqm which measurement includes the part of the road and this subject to the annual and perpetual sub groundrent of Lm41.50 (copy of the contract attached as Doc. A);

That Carmel Borg acquired the said portion of land by means of a contract in the records of Notary Doctor Anthony Gatt of the 6th November 1979 from John Paul Bartolo as subject to the annual and perpetual groundrent of Lm41.50 (copy of the contract attached as Doc. B);

That John Paul Bartolo acquired the said land by means of two contracts in the acts of Notary Doctor Anthony Gatt. By means of the first contract dated 24th April, 1969, John Paul Bartolo acquired from Mistral Developments (Malta) Limited, as respresented by Colonel Carmel sive Charles Borg, the title of annual and perpetual sub emphetuetis of forty one Maltese liri and ten shillings (LM41.10) of the superficial measurement of 56.2 sq canes (copy of the contract here attached as Doc. C). By means of the second contract dated 14th September, 1979, John Paul Bartolo aquired from Mistral Developments (Malta) Limited, as represented by Colonel Carmel sive Charles Borg, divided a portion of land partially developable and partially forming part of the road measuring 110sqm which land is situated before the portion acquired through the aforementioned deed dated 24th April, 1969, as subject together to the annual and perpetual sub groundrent of forty one Maltese liri and ten shillings (copy of the contract here attached and marked as Doc. D);

The said portion of land forms part of a bigger portion of land measuring 6 tumoli, siegħa and 3 kejliet acquired by title of perpetual emphyteusis by Colonel Chalres sive Carmelo Borg for and on behalf of Mistral Developments (Malta) Limited from Carmela widow of Carmelo Borg, Giuseppa and Giuseppe Caligari in the acts of Notary Doctor Maurice Gambin dated 11th May, 1966 and, subject to the annual and perpetual groundrent of Lm450 (copy of the contract here attached and marked as Doc. E);

The applicant wishes to avail himself of the option given to him by means of Article 1501 of Cap. 16 of the Laws of Malta to (i) redeem the annual and perpetual sub-groundrent burdening the developable portion of land and the portion on the road which forms part from the field known as Tal-Mensija, also known as Ta’ Ħdejn il-Mensija also known as Ta’ Kejjel of superficial measurement of 348 sq meters which groundrent amounts to €96.70 and also the annual and perpetual groundrent of Lm22.51 equivalent to €52.22 representing the groundrent regarding the portion of land acquired by the applicant, and that is the portion of land in part developable and in part forming part of the road which land forms part of the land known of Tal-Mensija known as Ta’ Ħdejn il-Mensija known as Ta’ Kejjel of superficial measurement of 348sqm which portion forms part of a bigger portion of 6 tumoli, siegħa and 3 kejliet as set out in the preceeding paragaraph and this so sthat the said land is free and unencumebered and free from any groundrent and subgroundrent.

That the sum of Lm41.50, equivalent to €96.70 above mentioned, capitalised at the rate of 5% per year according to that provided in Article 1501, subsection (2) of Cap. 16 of the Laws of Malta amounts to €1,934.

That the sum of €52.22 above mentioned, capitalised at the rate of 5% per year, according to the Article 1501, subsection (2), Cap. 16 of the Laws of Malta amounts to €1,0440.40.

Thus the applicant is calling upon this Honourable Court and under its authority is depositing the total amount of €2,978.40 in terms of sub-section (7) of the same Article 1501 of Cap. 16 of the Laws of Malta, representing the capitalisation of the said annual and perpetual sub-groundrent €96.70 and for this annual and perpetual groundrent of €52.22 which groundrent and subgroundrent burden the portion of land in part developable and in part forming part of the road which land forms part of the land known as Tal-Mensija known Ta’ Ħdejn il-Mensija known as Ta’ Kejjel of superficial measurement of 348sqm and this for the sum so deposited, such that it can be freely withdrawn by Carmela widow of Carmelo Borg, Giuseppa and Giuseppe Caligari in the amount of €1,934 and from Mistral Developments (Malta) Limited in the amount of €1,044.40 and this after leaving the relative receipt according to law.

Applicant: 26, Il-Farfett, Marmora Street, Mensija, San Ġwann SGN 1833

Notification: Director Public Registry, Merchants Street, Valletta 

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 29th January, 2020, the publication of the following extract was ordered for the purpose of service on the defendant Axel Grech in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Gaetano Azzopardi (ID 682451M) and his wife Mary Azzopardi (ID 636360M) of 163, Ourasi, Triq Għajn Dwieli, Paola, filed a Claim on the 15th October, 2019, whereby they asked the Court to condemn Axel Grech (ID 562792M) of Marjos, Tal-Fortizza, Tal-Ħandaq, limits of Ħaż-Żebbuġ, to pay the plaintiffs the sum to be liquidated and which does not exceed the competence of this Honourable Court representing the damages suffered by the applicants including those on movables and immovables in the property 163, Ourasi, Triq Għajn Dwieli, Paola, which damages resulted from your lack of skill, carelessness and default on the part of the respondent in the care and development of the property in his possession which is adjacent to the premises of the applicants.

With costs consisting of those of the garnishee orders that are being filed together with this application and with interests from the date of filing of this application till the date of effective payment against the respondent who is from now summoned so that a reference to his oath be made.

The case (Notice Number 234/19MLF) is postponed to the 23rd March, 2020, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 21st February, 2020, in the records of the Sworn Application, Application for a New Trial, in the names Mifsud Mary Rita vs Mifsud Michael, Application Number 291/2019 JPG, the following publication was ordered for the purpose of service of the respondent Mary Rita Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, Following the judgemegnt of the 8th October, 2019, with Sworn Application Number 34/2008 AGV, in the names Mary Rita Mifsud vs Michael Mifsud, on the 31st December, 2019, the applicant Michael Mifsud (ID 737249M) respectfully pleaded:

1. That by her sworn application Mary Rita Mifsud premised that,

i) That she and the interpellant were married on the 4th December, 1980, and had two children,

ii) That the respondent rendered himself guilty of adultery, physical violence and threats in her regard,

iii) That the parties were duly authorised to proceed for the personal separation,

… omissis …

3. That by means of a judgement dated 17 th April, 2013, this Court upheld the request so that the present cause be converted into a cause for divorce in terms of Article 66F of the Laws of Malta;

4. That by a judgement in part dated 15th November, 2017, this Court terminated the community of acquests between the parties with immediate effect;

5. That by a judgement of the 8th October, 2019, this Court decided the cause by,

… omissis …

6. That the interpellant felt aggrieved by this judgement and is of the opinion that there are reasons which give place to a new trial on the basis of Articles 811(a) and (I) of the Code of Organisation and Civil Procedure as explained hereunder;

7. Besides the facts that result frrom the judgement impugned the interpellant makes reference to the following;

8. That on the 21st November, 2019, the interpellant came to know that the cause relating to the separation between the parties in the names premised Mary Rita Mifsud vs Michael Mifsud (Sworn App. 34/2008 AGV) was decided by a judgement of this Court on the 8th October, 2019;

9. That this judgement was obtained by deciet of the plaintiff to the detriment of the interpellant. The interpellant and the plaintiff have for about one and a half years negotiated a speparation agreement with the understanding that they reach a compomise and avoid judgement;

… omissis …

12. That from the minutes of the sitting of the 28th May, 2019, despite that the plaintiff was present she failed to inform the Court that she was still proceeding with discussions with the interpellant and that they had arrived at an advanced stage;

13. That worse than this despite that the plaintiff knew that the causae was deferred for judgement without any indication the interpellant continued with the negotiations like before as if nothing happened;

14. That from this it clearly results that the plaintiff maliciously decieved this Court when it failed to inform it of the advanced stage of the discussions between her and the interpellant and that the compromise was practically closed;

15. That there is room for a new trial of the cause in the names premised on the basis of Article 811(a) of the Code of Organisation and Civil Procedure, after this Court cancels the judgement in the names premised given by this Court on the 8th October 2019;

… omissis …

17. That it appears that the Court motivated part of its judgement on part of the proposal and compromise proposed between the parties;

… omissis …

20. That furthermore the Court was mistaken when it stated that the debts were almost settled when in reality the debt still due exceeds the three hundred thousand euro (€300,000).

… omissis …

Thus for the reasons premised an all those that result during the hearing of the Sworn Application the interpellant respectfully prays this Honourable Court:

i) To cancel the judgement given by the Civil Court (Family Section) on the 8th October, 2019, in the names Mary Rita Mifsud vs Michael Mifsud (Sworn App. 34/2008 AGV) in virtue of which it upheld the plaintiff’s demands as explained in the application,

ii) Order the new trial of the cause for those reasons indicated in the application on the basis of Art 811(a) and (I) of Cap. 12 of the Laws of Malta and

iii) Conseqduently reject the plaintiff’s requests and uphold the pleas of the interpellant.

With costs and the summoning of Mary Rita Mifsud so that a reference to her evidence be made and saving any right of action due to the interpellant according to law including the violation of his fundamental rights for a fair hearing.

The Sworn Application in the names Mifsud Mary Rita vs Mifsud Michael, Application Number 29/2019 JPG, has been deferred for hearing to Wednesday 25th March, 2020, at 9.45 a.m.

Respondent: Flat 4, Navillus Flats, Triq Lapsi, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Reġistrtar, Civil Courts and Tribunals

By a Decree of the 2nd March, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

 That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 27th Febraury, 2020, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 13/19 in the names J. Zammit Limited (C 37945) vs Alexander Stefanov (ID48811A) held under the Authority of the said Court on the 26th Febraury, 2020.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall, with the answer, file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 27th January, 2020, on the application of Debattista Grace (ID 902551M) et, Tuesday, 28th April, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room number 78, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenament numbered eighty-four (84), with access from alley numbered two (2), in Triq San Ġużepp, Ħaż-Żabbar, with superficial airspace of approximately three hundred and seventy square metres (370m2) and at the back side is accessible from alley in Triq Lajri, free and unencumbered and is valued at two hundred and ninety thousand euro (€290,000)

Tenament number eighty four letter A (84A), with access from alley number two (2), in Triq San Ġużepp, Ħaż-Żabbar, free and unencumbered, and valued at one hundred and seventy thousand euro (€170,000)

Ground floor tenament numbered eighty-four letter C (84C), with access from alley number two (2) in Triq San Ġużepp, Ħaż-Żabbar, free and uncumbered and valued at one hundred and seventy thousand euro (€170,000)

The tenament Spiridione Garage in Triq Salvu Astarita, Ħaż-Żabbar, with approximate sixty metres (60m) in depth and six metres (6m) in width with a backyard and aggravated with annual and perpetual ground rent of two euro and thirty three cents (€2.33) per year and is valued at two hundred and sixty thousand euro (€260,000) 

The said tenement is the property of Grace Debattista (ID 902551M), Lorenza Bartolo (ID 135953M), Tereza Frendo (ID 489650M), Maria Lia (ID 87349M), Spiridione Lia (ID 43875M), Kevin Lia (ID 340276M), Mariella Lia (ID 622381M), Simon Lia (ID 419577M) and Mary Grace Farrugia (ID 328079M) as per share indicated in the judgement given by Hon. Judge Anna Felice on the 4th April, 2016, in the names Grace Debattista et vs Maria Lia et in application number 312/2004

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 27th February, 2020, on the application of DeBono Edward Dr (ID 592758M) noe, Thursday 11th June, 2020, at eleven in the morning (11.00 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:

Villa named ‘Is-Sienja’ formely named ‘Casa Sant Manduca’ without official number in Triq Ras il-Wardija formerly known as Triq San Ġorġ in Wardija, limits of San Pawl il-Baħar, together with the adjacent lands which form an integral part of it with approxiamate measurement of fifteen thousand and eight hundred metres square (15,800 sqm). The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at thirteen million and six hundred thousand euro (€13,600,000). 

The said tenement is the property of T.A.M. Holdings Limited (C 45710)

N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals