Court Notices published in Govt. Gazette No. 20,371 of 23rd March 2020

It is hereby notified that by a decree dated the 13th of March, 2020, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organisation and Civil Procedure, and this with regard to respondent Steve Aquilina mentioned hereunder.

On the 8th of January, 2020, Josef and Josette spouses Pace (ID 29989G and 30890G respectively) of St Anna Court, Flat 4, Triq it-Torri, San Lawrenz, Gozo filed a sworn application in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section (Sworn Application number 1/2020BS) against Steve Aquilina of Petra Court, Flat 6, Triq it-Torri, San Lawrenz, Gozo whereby after having premised and confirmed on oath that:

The plaintiffs Josef and Josette Pace are plaintiffs, spouses and owners of the apartment number four (4) in the block named St Anna Court, Triq it-Torri, in San Lawrenz, Gozo;

The defendant Steve Aquilina is the owner of the penthouse with number six (6) in the block named Petra Court, Triq it-Torri, in San Lawrenz, Gozo. The terrace of this penthouse overlies the property of the plaintiffs as indicated above;

During the winter which began in the year two thousand and eighteen (2018) and which ended in the year two thousand and nineteen (2019) together with this current winter, a significant amount of water seeped into the plaintiff’s property. It is clear that such water came in from the terrace of the defendant;

The above mentioned water has caused massive damage to the apartment of the plaintiffs and this is confirmed by architect Edward Scerri who certified the above with a report dated twentieth (20th) of October of the year two thousand and nineteen (2019) and a copy is being attached as Exhibit A;

The defendant was notified about the above situation several times but did not take the necessary steps to keep water from entering the plaintiff’s apartment. This despite the fact that several letters, emails and even meetings were held in order to coordinate and to solve the issue at hand;

The plaintiffs in question had to send an official letter in December two thousand and nineteen (2019) and yet the defendant ignored this warning and still did not make any substantial changes.

Therefore, this Honourable Court should:

Declare that water is entering from the terrace of the defendant’s property in Flat address 6, Petra Court, Triq it-Torri, San Lawrenz, Gozo into the apartment of the plaintiffs in Flat address 4, St Anna Court, Triq it-Torri, San Lawrenz, Gozo and such water is causing damage to the property of the plaintiffs;

Order the defendant that within a short and peremptory period he should carry out all the necessary works, under the supervision and as indicated by the architect nominated by the Court. If the defendant fails to do the necessary works, the plaintiffs are to carry out such works at the expense of the defendant.

Declare that the water which came in the plaintiffs’ apartment from the property of the defendant has caused damages to the plaintiffs’ apartment.

Liquidate damages suffered by the plaintiffs as a consequence of the lack of action from the defendant’s part and his failure to remedy such wrongdoing despite having been notified and warned by the plaintiffs numerous times.

Order the defendant to pay the damages to the plaintiffs.

With costs, including those of the official letter which was issued in December two thousand and nineteen (2019) and summons the defendant who is from now on summoned with reference to the oath of the adversary. 

The lawsuit is set for hearing for the 24th of June, 2020, from 9.45 a.m. till 10.00 a.m.

MAUREEN XUEREB 

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 16th March, 2020, in the records of the Sworn Application in the names No Deposit Cars Malta Limited vs Vella Simon, Application Number 1196/19 TA, the following publication was ordered for the purpose of service of the respondent Simon Vella, 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 No Deposit Cars Malta Limited (C 85780) vs Simon Vella (ID 0114877M) on the 16th December, 2019, the applicant company No Deposit Cars Malta Limited (C 85780) asked this Honourable Court:

1. To declare that the defendant violated the contract of hire and purchase dated 12th March, 2019, between the parties.

2. Declare that in terms of clause 7.1 of the contract above mentioned the defendant forfeited the benefit of time for the balance of price due on the sale of the vehicle BMW 320 SE COUPE with number plate ACP 383.

3. Declare that the defendant is a debtor of the applicant company in the amount of sixteen thousand nine hundred euro (€16,900) representing balance due according to the agreement, condemn the defendant to pay the said balance.

With costs and legal interest as demanded in the application against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names No Deposit Cars Malta Limited vs Vella Simon, Application Number 1196/19 TA, has been put off for hearing to the 18th May, 2020, at 9.30 a.m.

Notify respondent: 2, Triq San Pawl, Bormla

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Triubunals