Court Notices published in Govt. Gazette No 20,391 of 21 April 2020

ARB/C005/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 18th April, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella M. Frendo Dimech LLD). Compilation Number 149/2020 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus

ANTHONY MUSCAT, unemployed, 29 years, son of Mark and Carmen née Gauci, born in Tal-Pietà, Malta on the 30th December, 1990, residing at Sunderland F/H, Triq Ħal Tartarni, Rabat, Malta and holder of Maltese Identity Card bearing number 30991M.  

AND

LYDN PAUL BRINCAT, unemployed, 26 years, son of Paul and Sandra (Alexandra) née Muscat, born in Tal-Pietà, Malta on the 26th August, 1993, residing at 2, Triq Indrì Borg, Rabat, Malta and holder of Maltese Identity Card bearing number 392693M.  

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to ANTHONY MUSCAT and LYDN PAUL BRINCAT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta.

The Court AUTHORISED the accused ANTHONY MUSCAT and LYDN PAUL BRINCAT to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

THE DIRECTOR, ASSET RECOVERY BUREAU

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1597/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Mario Cutajar, the following publication was ordered for the purpose of effecting service on the respondent Mario Cutajar in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Mario Cutajar (ID 341066M) of 4, Sqaq il-Għoġla, Birkirkara

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,296.20, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 411000000606 that is regarding the premises with address 4, Sqaq il-Għoġla, Birkirkara.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2935/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Francis Grima, the following publication was ordered for the purpose of effecting service on the respondent Francis Grima in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Francis Grima (ID 781757M) of 126, Triq il-Punent, Valletta

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €935.59, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000023270 that is regarding the premises with address Il-Fanal, Sqaq San Ġorġ, Ħal Għargħur.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th February, 2020, handed down by the First Hall of the Civil Court  in the records of the judicial letter number 3604/2019 in the names Reuben Bonnici noe vs Eman Borg, the following publication was ordered for the purpose of effecting service on the respondent Eman Borg in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Eman Borg (KI 252980M) of 33, Villa San Pawl, Triq il-Mimosa, Tal-Pietà

By the present, Reuben Bonnici (ID 448471M) for and on behalf of the company Automated Revenue Management Services Limited (C 46054)  of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Chapter 12 of the Laws of Malta, and solicits you to pay the amount of €42,687.17 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meters, administrative costs, connection and disconnection fees and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due according to Law and which amount consists of the following:

i. As for bill number 101000221481 the amount of €33,840.89 regarding the premises 30, Mount Tabor, Pjazza Kappillan Muscat, Ħamrun;

ii. As for bill number 101000225038 the amount of  €8,846.28 regarding the premises Villa San Pawl, Triq il-Mimosa, Tal-Pietà, Gwardamanġa.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Chapter 12 of the Laws of Malta, the applicant company shall  proceed to enforce this credit according to law.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th November, 2019, given by the Civil Court First Hall in the records of judicial letter number 2795/2019, in the names Registrar of Civil Courts and Tribunals vs Steel Eagle Commerce Ltd, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur Chapter 12.

In the First Hall of the Civil Court

To Steel Eagle Commerce Ltd of 283/1, Triq D'Argens, Gżira GZR 1364

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €980.50 due by you as  Registry fees in connection with the law suit in the names:

Refalo Advocate John noe vs Fenech Dr Martin et noe (MCH) decided on the 6th June, 2019.

You can also pay online by accessing the website (ecourts.gov.mt) and choose the link “Ħallas id-Dritt tar-Reġistru tal-Qorti" (Pay Court Registry Fees). In default, the applicant reserves the right to proceed further against you according to law.

So much for your own guidance.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court by this Court (AF) on the 2nd January, 2020, in the records of the Sworn Application in the names Cassar Antoine et vs Acorn Properties Limited, Application number 1008/19 AF, the following publication was ordered for the purpose of service of the respondent company Acorn Properties Ltd (C 37361) 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 Antoine Cassar (ID 77478M), Josianne Cassar (ID 477278M), Geoffrey Fenech (ID 3852381M) and Claudine Fenech (ID 247277M) vs Acorn Properties Limited (C 37361) on the 23rd October, 2019, the applicant Geoffrey Fenech (ID 385281M) et asked this Honourable Court:

1. To declare that the respondent company is bound to sell, assign, and transfer to the applicants the maisonette marked number two (2) underlying and overlying property of third parties, forming part of blocks known as 'Block A', Block B', 'Block C' and 'Block D' in Triq Valletta, Ħal Qormi, and uphold the other demands in the application amongst which the liquidation of damages and the refunding of the amount of eighteen thousand euro (€18,000), amount paid  to the respondent company on account of the price.

With interest and costs as demanded.

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

The Sworn Application in the names Cassar Antoine et vs Acorn Properties Limited, Application Number 1008/19 AF, has been put off for hearing to the 2nd June, 2020, at 9.30 a.m.

Notify: Acorn Properties Ltd, 103, Old Railway Track, Santa Venera

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 12th February, 2020, in the records of the Sworn Application in the names Cachia Mary Anne pro et noe vs Cassar Diomede sive Amadeo, Application Number 1203/19 RGM, the following publication was ordered for the purpose of service of the respondent Diomede sive Amadeo Cassar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the First Hall Civil Court in the names Mary Anne Cachia (ID 1021647M) in her own name and as mandatary of the absent Silvio sive Stephen Cassar, Matthew Cassar (ID 999146M), Rita Zammit (ID 959950M), Lucia Vassallo (ID 766552M), Raymond Cassar (ID 537557M) and Agnes Callus (ID 535660) all siblings Cassar vs Diomede sive Amadeo Cassar (ID 17355M), on the 16th December, 2019, the applicants Mary Anne  Cachia et asked this Honourable Court:

1. To order the sale by licitation of the apartment number 5 and number 6 in number 111, Triq San Ġużepp, Valletta and order that the proceeds of the sale be partitioned between the parties according to their respective quotas.

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

The Sworn Application in the names Cachia Mary Anne pro et noe et vs Cassar Diomede sive Amadeo, Application Number 1203/19 RGM, has been put off for hearing to the 28th April, 2020, at 9.30 a.m.

Defendant: Dolphin Court, Flat 5, Triq l-Imħar, Qawra SPB 1574

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall by this Court (TA) on the 31st January, 2020, in the records of the Sworn Application in the names Recc  Limited vs Iskandar Maged Fawzy Shokry et, Applicaction Number 1173/19 TA, the following publication was ordered for the purpose of service of the respondents Maged Fawzy Shokry Iskandar and Hyam Yakoub Mesak Gbryal, 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 names Recc Limited (C 52728) vs Maged Fawzy Shokry Iskandar (ID 20947A) and Hyam Yakoub Mesak Gbyral (ID 20953A) on the 10th December, 2019, the applicant Recc Limited asked this Honourable Court:

1. To declare that the respondents are debtors of the plaintiff company in an amount which is to be liquidated by this Honourable Court representing works rendered to the respondents and uphold the other demands in the application amongst which the payment  of the amount liquidated.

With costs and interest and the respondents are summoned so that a reference to their evidence be made.

Notify:

Maged Fawzy Shokry Iskandar, Villa Kasana, Triq il-Virdun, Kappara

Hyam Yakoub Mesak Gbyral-Villa Kasana, Triq il-Virdun, Kappara

The Sworn Application in the names Recc Limited vs Iskandar Maged Fawzy Shokry et, Application Number 1173/19 TA, has been put off for hearing to the 20th April, 2020, at 9.30 a.m.

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 3rd March, 2020, Application number 318/2020 by Anthony Bugeja et, whereby they requested that it will be declared open in favour of Anthony and Nicholina Bugeja parents of the decujus  in the quota of one half (1/2) undivided share between them and the remaining one half (1/2) undivided share in favour of Anabel Grech sister of the decujus the succession of Ruben Bugeja, bachelor, son of Anthony Bugeja and Nicholina Bugeja nee Pace, born in Ħ'Attard, Malta, resided in Siġġiewi, Malta and died in Siġġiewi, Malta on the 27th July, 2019, aged 43, and who held identity card number 0202576M.

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 25th February, 2020, Application number 279/2020 by Lucia sive Lucy Taliana et whereby they requested that it will be declared open in favour of the same Lucia sive Lucy Taliana nee Pace wife of the decujus in the quota of one half (1/2) undivided share and in favour of Raymond Taliana and Josephine Scerri nee Taliana children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of  Emanuel sive Manwel Taliana, husband of Lucia sive Lucy nee Pace, son of Nicolas Taliana and Rosaria nee Buhagiar, born in Ħaż-Żebbuġ, Malta and resided in Ħal Qormi, Malta and died in Tal-Pietà, Malta on the 20th March, 2007, aged 62, and who held identity card number 0415344M.

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 March, 2020, Application number 323/2020 by Rita Ellul et, whereby they requested that it will be declared open in favour of the same Rita Ellul wife of the decujus and in favour of Sharon Sammut daughter of the decujus in equal shares between them the succession of  Emanuel Ellul, husband of Rita Ellul, son of the late John Ellul and Catherine nee Psaila, born in Ħal Qormi, Malta, resided in Valletta, Malta and died in Tal-Qroqq, Msida, Malta on the 13th September, 2019, aged 67, and who held identity card number 0937251M.

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 23rd January, 2020, Application number 104/2020 by Peter Micallef whereby he requested that it will be declared open in favour of Peter and Anton brothers Micallef in equal shares between them the succession of their mother Dionisia known as Denise Micallef, widow of Professor Joseph Micallef, daughter of the late Pio Zammit and Mary Agius, born in Valletta, Malta, resided in Tas-Sliema, Malta and died in Tal-Qroqq, Msida, Malta on the 6th August, 2019, aged 88, and who held identity card number 138331M.

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 12th January, 2020, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Mario Cardona in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 8th November, 2019, in the acts of the Notice Number 1607/04JB in the names Lefram Ltd (C 12278) vs Mario Cardona (ID 645861M) whereby Lefram Ltd (C 12278) pleaded with respect:

That by means of a judgment dated 3rd March, 2005, the applicant was declared creditor of the respondent in the amount of Lm997.37 (€2323.25) with interest of 8% per annum that started to accrue from the date of the judgment that is from the 3rd March, 2005, and with costs.

That the applicant is still in default of payment in the amount due and this according to the same applicant Paul Pace's sworn declaration here attached (Doc. A).

Since the time required in terms of Article 258 of Chapter 12 of the Laws of Malta has lapsed, this application in terms of Article 258(b) of Chapter 12 of the Laws of Malta is required to be able to proceed to enforcement according to the decision.

Although the applicant company filed this application before the Small Claims Tribunal, it was informed by means of a decree dated 16th October, 2019, that according to article 10(4) of Chapter 380 of the Laws of Malta, this application had to be filed before the Magistrates Court (Malta).

Thus, the applicant pleads with respect that this Court renders the judgment in the names abovementioned given on the 3rd March, 2005, executable in terms of Article 258(b) of Chapter 12 of the Laws of Malta and this subject to those directions that it deems fit and opportune.

Applicant: 17, Villa Hillsdale, Triq Wiġi Muscat, Ħal Lija

Respondent: 105, Triq il-Fjuri, San Pawl il-Baħar

In the Court of Magistrates (Malta)

Magistrate Dr Marseann Farrugia LLM (IMLI) LLD

Application Number 259/2019MLF

Lefram Ltd (C 12278)

vs

Mario Cardona (ID 645861M)

The Court,

Saw the application;

Orders that the application will be sworn, and that the same application is notified to the respondent with twenty (20) days for a reply from the date of notification.

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 20th January, 2020, following a request by Paul Agius et it was ordered that deputy curators be chosen to represent the unknown owner or owners in the acts of the schedule of deposit number 71/2020 in the names Paul Agius 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 Paul Agius (ID 160752M) son of Francesco and Carmela nee Sammut, born in Naxxar on the 10th January, 1952; Jane Agius (ID 826352M) wife of Paul Agius, daughter of Saviour Mamo and Josephine nee Grech, born in Birkirkara on the 22nd December, 1952, and Silvio Agius (ID 432875M) son of Paul and Jane nee Mamo born in San Ġiljan on the 6th September, 1975 vs deputy curators to represent the unknown owner or owners, filed on the 15th January, 2020, the applicants Paul, Jane and Silvio all Agius respectfully submitted:

That the applicants are the owners of the premises with official number 53, in Triq ir-Rebbiegħa, Mosta, as better described in the site-plan here attached and marked as Doc. PA 1;

The applicants acquired the premises de quo from the power of Anthony Gatt by means of a contract of sale in the records of Notary Malcolm Mangion, dated 6th September, 2018, a copy of which is here attached and marked as Doc. PA 2;

That also the abovementioned property is subject to the annual and perpetual ground rent of €5.36;

That the applicants wish to avail themselves of the option given to them in terms of article 1501 of the Civil Code and redeem the abovementioned ground rent;

That the applicants do not know to whom the ground rent is due and thus it is not being paid;

That together with this shedule of deposit the applicants are filing an application for the appointment of deputy curators to represent the interest of the unknown directors;

That the annual and perpetual ground rent of €5.36 capitalised at the rate of 5% amounts to €107.20;

That the applicants wish to pay the equivalent of five (5) years ground rent and that is the sum of €26.80 whilst for all intents are also paying the laudemium for the amount of €5.36.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €139.36  so that this amount may be freely withdrawn by the respondents after leaving the relative receipt.

Applicants: 

Paul Agius, Il-Ħarruba, Triq in-Namur, Iklin

Jane Agius, Il-Ħarruba, Triq in-Namur, Iklin

Silvio Agius, Spring Haven, Triq in-Namur, Iklin

Notification: 

Deputy curators, Law Courts, Valletta

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, abovementioned, with the witness of the Hon. Mr Justice Robert G. Mangion LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 10th December, 2020, of the Rent Regulation Board, in the records of the Application in the names George Camenzuli et vs Manweli sive Emanuel Fenech et, Application Number 222/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Manweli sive Emanuel Fenech et 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 George Camenzuli (ID 96357M), Emma Camenzuli (ID 52134M) in her own name and for and on behalf of her absent daughter Maria Camenzuli (ID 210864M) as duly authorised by means of a power of attorney of the 16th October, 2017, Doc. X here attached, Architect Althea Camenzuli (ID 561062M) and Isabelle Attard (ID 71666M) vs Manweli sive Emanuel Fenech (ID 0286939M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 10th October, 2019, the applicants George Camenzuli (ID 96357M) et request with respect that this Board:

1. Declares and decides that the respondent Manweli sive Emanuel Fenech (ID 0286939) is the occupier of the premises Springfield, Fl. 1, 10, Triq l-Għollieq, Santa Venera in terms of Chapter 158 of the Laws of Malta originally rented to him and his late wife Doris Fenech for the rent of Lm130 per year.

2. Orders that the means test of the occupant Manweli sive Emanuel Fenech (ID 0286939M) is carried out, which test is to be based on the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test has to be on the basis of the income of the occupant Manweli sive Emanuel Fenech (ID 0286939M) between 1st January, 2018, and the 31st December, 2018, and on the capital of the same Manweli sive Emanuel Fenech (ID 0286939M) on the 31st December, 2018.

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises Springfield, Fl. 1, 10, Triq l-Għollieq, Santa Venera with effect  from the 1st January, 2019, and to establish new conditions regarding the lease and in default, if the respondent Fenech does not satisfy the criteria of income and capital of the means test, the respondent will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent which was payable according to Article 5 of Chapter 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2019, when the said rent is to be increased over and above the rent payable for the preceding three years.

4. Orders, in case the respondent Manweli sive Emanuel Fenech does not satisfy the criteria of the income and the capital of the means test,  the eviction of the same respondent Fenech from the premises Springfied, Fl. 1, 10, Triq l-Għollieq, Santa Venera within five years from today.

With costs and the respondent is from now summoned so that reference to his oath be made and without prejudice to the constitutional and conventional rights of the applicant and to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action that may be presented.

Applicants: 4 Eos Triq il-Kartoċċ, Swieqi

Respondent: Manweli sive Emanuel Fenech, Springfield, Fl. 1, 10, Triq l-Għollieq, Santa Venera

The application in the names George Camenzuli et vs Manweli sive Emanuel Fenech et, application number 222/2019MV, has been postponed for hearing to the 7th May, 2020, at 10.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta) of 18th March, 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Republic of Malta

To the Court Marshal

By a decree given by the Courts of Magistrates (Malta), it was ordered that on an application of Go plc for the selection of Deputy Curators to represent the absent Nicolaie Cristina - Nicoleta in the application number 8/2020MLF and in other relative and subsequent acts where they demanded:

That the respondent pays the applicant company the sum of €7,861.93 in connection with services rendered gathered in the account number 40856078.

With costs, including the professional fees, and with legal interest from the date of filing of this case, against the respondent who is hereby summoned so that a reference to her oath can be made.

Applicants: Go plc, Triq Fra Diegu, Marsa

Respondent: Nicolaie Cristina - Nicoleta (485294), Seven Apartment, Flat 24, Triq Paceville, St Julians

The case in the names Go plc vs Nicolaie Cristina - Nicoleta, number 8/2020MLF, has been postponed for hearing to the 26th October, 2020, at 9.30 a.m.

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and file a note with a declaration that he is prepared to act as such.

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Marseann Farrugia LLD, Doctor of Laws, Magistrate of the abovementioned Court.

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 26th February, 2020,  following a request of Maria Cassar et it was ordered that deputy curators be chosen to represent the respondent Christopher Cutajar in the records of the Sworn Application number 730/2019RGM, in the names Maria Cassar et vs Silvan Michael Farrugia and Deputy Curators and in the  other relative and subsequent acts.

By means of a Sworn Application filed in the First Hall Civil Court in the names Maria Cassar (ID 166161M) and Andrea Cassar (ID 6793M) vs Silvan Michael Farrugia (ID 461679M) and deputy curators to represent Christopher Cutajar (ID 0494073) absent from these islands, on the 24th July, 2019, the applicants Maria Cassar (ID 166161M) and Andrea Cassar (ID 6793M) requested with respect and Andrea Cassar confirmed on oath:

That in March 2019, Andrea Cassar, son of the applicant Maria Cassar, approached the respondent Silvan Michael Farrugia, where he expressed his wish to buy a second hand vehicle from England, and asked him if he could go and purchase one for him and make the necessary arrangements to ship it to Malta because the same respondent is in this kind of business;

Subsequently, the respondent Silvan Michael Farrugia informed him that he could bring him the vehicle but that he knew a person whom he trusted, that is the respondent Christopher Cutajar, who had been working with him for the past  ten (10) years and that he would help him get the vehicle of his preference in excellent condition, and at a lower price than if he could get the vehicle himself;

That the applicant Andrea Cassar found no objection for this proposal abovementioned on part of the respondent Silvan Michael Farrugia;

Consequently, Andrea Cassar chose a vehicle online of the type Mercedes A Class with registration WG66YAE, and indicated this vehicle to the respondent Silvan Michael Farrugia, where the same respondent informed him that he would communicate with the respondent Christopher Cutajar to inform him about the chosen vehicle;

After some time, the respondent Silvan Michael Farrugia once again communicated with the applicant Andrea Cassar where he informed him that he had arranged everything with the respondent Christopher Cutajar and he instructed him to deposit all the amount representing the price of the vehicle abovementioned in an account with Barclays Bank, which bank account he informed him belonged to Christopher Cutajar;

That Andrea Cassar did all that he was told to do by the other respondent Silvan Micahel Farrugia and thus on the 28th March, 2019, he deposited the sum of €17,603 in his mother's bank account and namely that of the applicant Maria Cassar (copy of the receipt here attached and marked as Doc. A) and consequently, on the same day, the sum of £14,849 equivalent to €16,581.03 was transferred from the same account to another account of Barclays Bank in the name of Natalie C. Seels of 38, Malvern Close, High Wycombe HP 135SA (copy of the order of payment is here attached and marked as Doc. B);

On the 2nd April, 2019, the day when the respondent Christopher Cutajar had to go to pick up the vehicle from the autodealer, the respondent Silvan Michael Farrugia informed the applicant Andrea Cassar that Christopher Cutajar was not communicating with him any more;

On that same day, the applicant Maria Cassar made a report with the Malta International Airport Police (copy of the report here attached and marked as Doc. C);

Subsequently, the applicant Maria Cassar tried to cancel the transfer of the sum abovementioned but was informed by the concerned banks that the money had already been withdrawn (copy of the two letters from Barclays Bank and from Bank of Valletta dated 3rd April, 2019, and 16th April, 2019, respectively here attached and marked as Doc. D);

Without prejudice to the abovementioned, as the person that was coordinating the sale and delivery of the vehicle, the respondent Silvan Michael Farrugia had the legal responsibility to ensure that this does not happen, and thus, because of his negligence and carelessness the present situation occured;

That although several solicitations for the payment of the above sum were made, including a judicial letter with reference number 1674/2019 dated 8th May, 2019 (copy of the said judicial letter here attached and marked as Doc. E), the applicants are till today without the vehicle and without the money;

Consequently, the applicants had no other alternative but to file this sworn application.

Thus in view of the above, the applicants humbly request this Honourable Court to:

Declare and decide that the respondents, or any one of them, have to pay the applicants the sum of £14,849 equivalent to €16,581.03.

Consequently, orders and condemns the respondents, or any one of them, to pay all the amount due, as previously liquidated and declared.

Saving any other provisions that this Honourable Court deems fit and opportune.

With costs, including the judicial letter with reference number 1674/2019 and with legal interest till the date of effective payment against the respondents or any one of them who are from now summoned so that a reference to their oath be made.

Applicants: Maria Cassar (ID 166161M) and Andrea Cassar (ID 6793M) of 175, Triq Indrì Grima, Swatar, Msida

Service:

Silvan Michael Farrugia (KI 461679M), 44, Ċensina, Triq l-Iskola, Qrendi

Christopher Cutajar (KI 0494073), 7, Squirrel Lane, Hycombe, HP12 4RX.

Deputy Curators,  Law Courts, Valletta

The Sworn application in the names Maria Cassar et vs Silvan Michael Farrugia et, Application Number 7320/2019RGM, has been postponed for hearing to the 25th May, 2020, at 11.15 a.m.

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