Court Notices published in Govt. Gazette No 20,411 of 26 May 2020

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 14th May, 2020, and this after a written plea numbered 239/2020, rrdered:

The correction of the Maltese Act of Birth of Walter John Reginald Hubble, bearing the number 9078 of the year 1946, by introducing an annotation in the margins of the said Act of Birth stating that “by virtue of a deed of change of name dated 11th May, 1966, Walter John Reginald Hubble changed his surname from “Hubble" into “Field".

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 14th May, 2020, and this after a written plea numbered 241/2020, ordered:

The correction of the Maltese Act of Birth of Tatiana Alexandrovna Kulikova, bearing the number 5828 of the year 2018, by removing the word: “Alexandrovna" from the columns entitled: “Particulars respecting the child – Names given" and “Name or names by which the child is to be called and surname".

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

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 2424/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Dennis Vella, the following publication was ordered for the purpose of effecting service on the respondent Dennis Vella in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Dennis Vella (ID 502175M) of 146, Triq Santa Marija, Ħal Tarxien

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 €5,743.17, 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 411000034534 that is regarding the premises with address 146, Triq Santa Marija, Ħal Tarxien.

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 2770/2018 in the names Automated Revenue Management Services Ltd pro et noe vs George Degabriele, the following publication was ordered for the purpose of effecting service on the respondent George Degabriele in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To George Degabriele (ID 258880M) of 7, Triq Jews Sally Port, 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 €2,830.14, 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 101000189636 that is regarding the premises with address 31, Queen Elizabeth, Triq Santa Monika, 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 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 an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st February, 2020, Application number 261/2020 by Prof. Nikolai Attard and Natalie De Bono,  whereby following the application Maria Rosa Attard, wife of Joseph Attard, daughter of Giuseppe Muscat and Paolina nee Tonna, born in Tas-Sliema, Malta on the 12th October, 1936, and residing in Tal-Virtù, Rabat, aged 83 and holding identity card number 711136M, was interdicted from all the acts of  the civil life by means of a decree given on the 3rd March, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st January, 2020, Application number 158/2020 by Rita Cassar and Alfred Cassar, whereby following the application Rose Cassar, daughter of Giuseppe Spiteri and Maria nee Demarco, born in Ħamrun on the 23rd July, 1940, residing in Msida and holding identity card number 522540M, was interdicted from all the acts of civil life by means of a decree given on the 9th March, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 1st November, 2020, Application number 1713/2018 by Elizabeth Ciantar and Francina Meilaq, whereby following the application Christopher Micallef, legally divorced, son of Paul Micallef and Mary nee Micallef, born in Tal-Pietà, Malta, residing in Mosta, aged 53 and holding identity card number 35767M, was interdicted from all the acts of civil life by means of a decree given on the 6th May, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 10th January, 2020, given by the Civil Court First Hall in the records of judicial letter number 2791/2019, in the names Registrar of Civil Courts and Tribunals vs Kurt Cini, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) Chapter 12.

In the First Hall of the Civil Court

To Cini Kurt of Da Vinci, Fl. 1, Triq Vittorio Cassar, Marsaskala

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €5,303.56 due by you as  Registry fees in connection with the law suit in the names:

Cini Kurt et vs Cini Vladimir et (AF) decided on the 4th June, 2019

You can also pay online by accessing the website (ecourts.gov.mt) and choosing 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 an application filed in the Civil Court of Voluntary Jurisdiction Section on the 6th May, 2020, Application number 422/2020 by Juliet Riolo and Bernardette Riolo, whereby they requested that it will be declared open in their favour the succession of  Mario Riolo, son of Emanuel Riolo and Jane nee Calleja, born in Mosta, resided in Mosta and died in Mosta, Malta on the 14th January, 2020,  aged 68, and who held identity card number 0890951M.

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 28th January, 2020, in the records of the judicial letter number 1705/19, in the names Simonds Farsons Cisk plc vs Edward Galea, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent Edward Galea in terms of Article 187(3) of Chapter 12.

In the Courts of Magistrates (Malta)

To Edward Galea (ID 162779M) of 285, Franz Court, Flat 2, Triq Wied il-Għajn, Ħaż-Żabbar

By means of this present in terms of Article 253 and subsequent articles of Chapter 12 of the Laws of Malta,  filed in the Courts of Magistrates (Malta),   Simonds Farsons Cisk plc (C 113) of The Brewery, Triq l-Imdina, Mrieħel, calls upon you so that within two days you pay the interpellant the sum of €3,613.51 representing balance from a bill of exchange of €6000 that matured on the 1st April, 2016.

With this judicial letter an authenticated copy of the bill of exchange abovementioned is being attached so that the debt due by you amounting to €3,613.51 is being rendered executable title in terms of Article 253(3) of the Code of Organisation and Civil Procedure. In default of payment the interpellant company will proceed against you further in Court, without any further notice, including with the issue of every appropriate warrant.

This judicial letter is being made for all purposes and effects of law and especially to render the said bill of exchange executable according to law in terms of Article 256 (2) of Chapter 12 of the Laws of Malta.

You are being informed also, and this as required in the proviso of paragraph (e) of Article 253 of Chapter 12 of the Laws of Malta, that you can, by means of an application that has to be filed within twenty days from the service of this judicial letter, request the competent Court to suspend the execution of bill of exchange or bills of exchange abovementioned, in their entirety or in part, and this in case you oppose the execution of the bill of exchange or bills of exchange because the signature on the bill of exchange or bills of exchange is not yours or of your mandatary, or if you have other grave and valid reasons to oppose the execution.

With costs of this present judicial letter, and with 8% interest per year on each bill of exchange that has matured for payment from the date of maturity till the date of effective payment.

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 14th May, 2020, Application number 463/2020 by Kevin Vella, whereby he requested that it will be declared open in favour of the same Kevin Vella in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of the minor Julian Misikir Vella the succession of his wife Caroline Vella, daughter of Alfred Agius and Jane nee Coleiro, born in San Ġiljan, resided in Ħal Lija and died in Msida, Malta on the 24th January, 2020, aged 41, and who held identity card number 0430478M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta   

To the Marshall of the Court

By means of a decree given by this Board on the 5th May, 2020,  following a request of George Xuereb it was ordered that deputy curators be chosen  to represent the respondent Fabrizio Scire in the records of the Sworn Application number 203/2018SG, in the names George Xuereb vs Fabrizio Scire and in the  other relative and subsequent acts.

By means of a Sworn Application filed in the Rent Regulation Board in the names George Xuereb (ID 460749M) vs Fabrizio Scire (ID 162827A) on the 22nd November, 2018, the applicant George Xuereb (ID 460749M) requested with respect and confirmed on oath:

That the applicant is the owner of the shop known as The Office Bar, that today it is called Corona Lounge Bar, that is found in Triq il-Ħġejjeġ, Buġibba;

By means of a lease agreement dated 18th April, 2018, the applicant leased the shop to the respondent and this for the period of five years di fermo and five years di rispetto (see the attached document marked as Doc. GX1);

That the respondent is in default of payment for the following rent that is:

a. The instalment due for the period between the 18th April, 2018, till the 17th May, 2018 - €655 (from a balance of €1060 part of which was paid with the first deposit of €1000)

b. The instalment due for the period between the 18th May, 2018, and the 17th June, 2018 - €1060

c. The instalment due for the period between the 18th June, 2018, and the 17th July, 2018 - €1060

d. The instalment due for the period between the 18th July, 2018, and the 17th August, 2018 - €1060

e. The instalment due for the period between the 18th September, 2018, to the 17th October, 2018 - €1060

f. The instalment due for the period between the 18th October, 2018, to the 17th November, 2018 - €1060

g. The instalment due for the period between the 18th November, 2018, and the 17th December, 2018 - €1060;

That in accordance with the provisions of the lease agreement, the applicant sent a judicial letter and also a registered letter and the latter was finally notified on the 3rd November, 2018 (see the attached document marked as Doc. GX2);

In addition, the respondent has not paid the pending water and electricity bills which, till the date of the filing of this application, amount to €1,127.20 but this is subject to revision until the final bill;

Thus, the respondent rendered himself in default of payment of the rent and this in terms of Article 2 et sequitur of the lease agreement;

As far as the applicant is aware, the respondent does not have any valid defenses to bring according to law;

The applicant knows personally about these facts.

Thus, for the reasons abovementioned, the respondent is to state why this Tribunal, subject to all the required and opportune declarations and directions, should not:

1. Decide this application without proceeding to trial in terms of Article 16A of Chapter 69 of the Laws of Malta;

2. Declare that the respondent is in default of payment of the rent for more than two instalments and remained in default even after he was notified with a registered letter to rectify the default;

3. Declare that the respondent is the debtor of the applicant in the amount of €8,075 representing the rent instalments till the 18th November, 2018;

4. Declare that the respondent is the debtor of the applicant in the amount of €1,127.20 or any other amount that will be determined by ARMS Limited representing the water and electricity consumption from the premises in question;

5. Condemn the respondent to pay the amount of €8,075 representing rent due till the instalment of November 2018 and the amount of €1,127.20 or any other amount that is determined by ARMS Limited, representing the water and electricity consumption of the premises in question;

6. Declare that the lease subject matter of this case is terminated;

7. Order the eviction of the respondent from the premises subject matter of this case within a short and peremptory time.

With costs including that of the judicial letter 3217/2018, registered letter, of the precautionary garnishee order 1801/18 and warrant of seizure 1802/18 and from now the respondent is summoned so that a reference to his oath be made and reserving any other action that it deems fit and opportune.

Applicant: 156, Santa Maria, Triq Mons. Alfred Mifsud, Birkirkara

Respondent: 25, Champs Elysees, Triq San Ġlormu, San Pawl il-Baħar and/or Corona Lounge Bar, Triq il-Ħġejjeġ corner with Triq il-Ġwiebi, Buġibba

Deputy curators: Law Courts, Valletta

The Sworn application filed in the Rent Regulation Board in the names George Xuereb vs Fabrizio Scire, Application Number 203/2018SG, has been postponed for hearing to the 9th July, 2020, at 9.30 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 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 Dr Simone Grech LLD, Doctor of Laws.

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 4th May, 2020, Application number 411/2020 by Mark Anthony Zerafa et, whereby they requested that it will be declared open in favour of Mark Anthony Zerafa and Adrian Zerafa children of the decujus in the quota of one half (1/2) undivided share each one of them the succession of  Paul Zerafa, widower of Marlene nee Brincat, son of the late Cesare Zerafa and Maria Carmela nee Bugeja, born in Rabat, Malta, resided in Rabat, Malta and died at Tal-Pietà, Malta on the 16th October, 2019, aged 80, and who held identity card number 0028639M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 24th March, 2020, following a request by Loretta Cocchiara it was ordered that deputy curators be chosen to represent  Carmelo Attard or his unknown heirs or third parties who are his successors in the acts of the schedule of deposit number 489/2020 in the names Loretta Cocchiara vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent  filed in the First Hall of the Civil Court in the names Loretta Cocchiara, housewife, widow of Annunziato Cocchiara, and daughter of the late Antonio Grima and Maria nee Borg, born in Birkirkara and residing in Naxxar (ID 425047M) vs deputy curators to represent Carmelo Attard, worker, son of Francesco and Teresa nee Borg born and resided in Naxxar or his unknown  heirs or third parties who are his successors and Marion Migneco, daughter of Frank and Aurea nee Borg born in Floriana and residing in Ħal Balzan (ID 376354M), filed on the 12th March, 2020, the applicant Loretta Cocchia (ID 425047M) respectfully submitted:

That by means of a contract in the records of Notary Tonio Spiteri dated 30th June, 1997, the applicant and her late husband Annunziato Cocchiara acquired the house without number (today number 15) named Ħarifa, with a garage built on plot number 5 on the land that is found in Triq il-Bjad, Naxxar bordering from the North West with the said road and from the West and East with property of the company Samvel Limited or their successors, as subject to Lm20 equivalent to €46.59 annual and perpetual groundrent, otherwise free and unencumbered with all its rights and appurtenances including its relative airspace. A copy of this contract is exhibited as Doc. A whilst the relative site plan with the measurement of 152 square metres is being attached as Doc. A1.

On her part the applicant inherited the undivided share of the house that belonged to her late husband as results from the causa mortis dated 3rd May, 2010, in the records of Notary John Spiteri (Doc. B attached).

That the contract abovementioned of the 30th June, 1997, indicated that the vendor Eric Cachia acquired the land on which the house was built from Samvel Limited by a contract in the records of Notary Alexander Joseph Sciberras Trigona dated 25th January, 1988 (Doc. C attached) where it was indicated that the groundrent was payable to Sunsel Playing Limited (it is likely that he was effectively referring to Sunsea Planning as it will be indicated further on) and also that Samvel Ltd acquired the same land by means of a contract dated 1st July, 1981, in the records of Notary Tonio Spiteri.

According to the contract dated 1st July, 1981, in the records of Notary Tonio Spiteri (here attached as Doc. D) it was indicated that the land of bigger measurement of 3,864 square metres  was acquired by Samvel Limited from Select Properties Ltd subject to the sub-groundrent (and not only groundrent) of Lm396 (payable to Susea Planning Group Limited.

At the same time it also results that by means of a contract in the records of Notary Paul Pellegrini Petit dated 13th September, 1983 (here attached as Doc. E) Sunsea Planning Group Ltd sold several emphyteusis or sub-emphyteusis to Marion Migneco as represented by Frank Migneco amongst them in paragraph (h) the sub-emphyteusis of Lm286 on plot Ta' Ħaddief sive Tal-Iħnieq limits of Naxxar of measurement 3,864m² as indicated in the plan attached and with another contract published by the same Notary of the 17th December, 1966.

According to the same contract of the 13th September, 1983, it was indicated that Francis Anthony Falzon had in fact bought this land from Sunsea Planning Group Ltd by means of a contract of the 11th January, 1969 (here attached as Doc. F) in the acts of Notary Francis Micallef of measurement 880 square canes subject to the sub-groundrent of Lm396 – and that is nine shilling per square cane.

This contract of the 11th January, 1969, then indicated that Sunsea Planning Group acquired the land measuring 880 square canes by means of a contract in the records of Notary Paul Pellegrini Petet dated 7th December, 1966, from the powers of Carmelo Attard by perpetual emphyteusis. This contract (here attached as Doc. G) indicated that the groundrent imposed was equivalent to Lm110 per year and that is two shillings and six pence per square canes and so it confirmed that the sum of the sub-groundrent of Lm396 abovementioned included also the original groundrent of Lm110 imposed by Carmelo Attard and sub-groundrent of Lm286 acquired byu Marion Migneco.

So it results that the house subject matter of this redemption is effectively subject to the perpetual groundrent and sub-groundrent of the amount Lm20 equivalent to €46.59 including the proportion of groundrent and sub-groundrent that is being apportioned as follows:

a) The original groundrent is being considered to be equivalent to Lm4.33 equivalent to €10.09 calculated with a rate of two shilling and six pence (Lm0.125) per square cane (or every 4.391 square metres) regarding the measurement of 152 square metres as results from the attached site-plan;

b) That consequently the successive sub-groundent is being calculated to be equivalent to Lm15.67 equivalent to €36.50.

That the amount abovementioned of €10.09 (Lm4.33) of the original perpetual groundent of this schedule of deposit due to Carmelo Attard or his unknown heirs or third parties who are his successors capitalised at the rate of 5% amounts to €201.80.

That the amount abovementioned of €36.50 (Lm15.67) of perpetual sub-groundrent regarding this schedule of deposit is due to Marion Migneco as capitalised at the rate of 5% amounts to €730.

That the original groundrent due for the last five years to Carmelo Attard or his unknown heirs or third parties who are his successors is equivalent to €50.45 whilst the sub-groundrent due to Marion Migneco that has not been paid these last two years including effectively that due later on this year is equivalent to €31.34.

Thus   the applicant in terms of Article 1501 of the Civil Code (Chapter 16 of the Laws of Malta) is humbly calling upon this Honourable Court and under its authority is depositing the amount of €1,013.59 as above apportioned, representing the price of redemption of the groundrents and the relative arrears abovementioned so that the amount may be freely withdrawn by the said respondents or respondents that may result that have the right to them after leaving the relative receipt according to law.

Applicant: Loretta Cocchiara, Ħarifa, Triq il-Bjad, Naxxar

Notification: 

1. Director Public Registry, 197, Triq il-Merkanti, Valletta

2. Lands Registrar, Casa Bolino, Triq il-Punent, Valletta

3. Marion Migneco, 166, Dolphin, Triq il-Ferrovija l-Qadima, Ħal Balzan

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 Mark Chetcuti LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals