Court Notices published in Govt. Gazette No. 20,517 of 10 November 2020
Notice 1461
1461By means of a decree given, by the First Hall Civil Court, on the 20th March, 2019, in the records of the Sworn Application, Application Number 1238/2018 RGM, in the names R&E Online Marketing Limited (C82438) vs Egaminglab Limited (C53862) the following publication was ordered for the purpose of service of the respondent company Egaminglab Limited (C53862) in terms of Artticle 187(3) et sequitur of Cap. 12.
By means of a Sworn Applicvation, filed, in the Civil Court First Hall, in the names R&E Online Marketing Limited (C82438) vs Egaminglab Limited (C53862) on the 11th December, 2018, the applicant R&E Online Marketing Limited (C82438) asked this Honourable Court,
1. to declare that the contract signed between the parties dated 6th October, 2017, was terminated as a result of the contractual default on the part of the defendant company as it failed to honour the obligations assumed by it in virtue of the same contract and uphold the other demands amongst which the liquidation of damages and payment of the same.
With costs and legal interests till the date of effective payment against the defendant company from now summoned so that a reference to its evidence be made.
The Sworn Application number 1238/2018 RGM, in the names R&E Online Marketing Limited (C82438) vs Egaminglab Limited (C53862) has been deferred for hearing to the 26th November, 2020, at, at 9.15 a.m.
Notify defendant company: Dragonara Business Centre, 5th Floor Dragonara Road, St Julian's STJ 3141
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1462
1462By means of a decree of the 16th September, 2020, of the Rent Regulation Board, in the records of the Application in the names Budget Services Limited vs Jose Maria Guitian Garcia, Application number 51/2020MV, the following publication was ordered for the purpose of effecting service on the respondent Jose Maria Guitian Garcia 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 Budget Services Limited (C12855) vs Jose Maria Guitian Garcia (holder of Spanish passport number paa 763077) filed before the Rent Regulation Board on the 3rd March, 2020, the applicant Budget Services Limited (C12855) humbly request and Ibrahim Halim for and on behalf of Budget Services Limited (C-12855) respectfully confirms on oath:
That the plaintiff company is the owner of the property L1-2 Park Towers, Borg Olivier Street, St Julian's;
That by virtue of a contract of lease dated 1st July, 2017, a copy of which is hereby attached and marked as Doc. A, the aforementioned property was rented to the respondent and this in accordance with the terms and conditions of the same contract;
That in terms of clause 3 of the aforementioned contract the rent was that of €2,010 per month payable in advance. The last payment was made by the respondent in November of the year, 2018, and therefore to date the respondent is in default in his payments of rent arrears for 16 consecutive months, which arrears amount to €32,160 plus Value dded Tax (VAT) which amount to a total sum of €37,948.80;
That the credit due to the plaintiff company is certain, liquid and due and despite numerous requests to the respondent to settle the outstanding dues, including by virtue of a legal letter dated sixteenth of January of the year, 2020 (a copy of which is hereby attached and marked as Doc. B) the amount remained unpaid;
That the contract of lease signed by the parties explicitly provides that,
14. This agreement shall be terminated in the event:
a) That the lessee fails to effect payment of two rental payments (consecutive or otherwise, or
b) Of breach of one or more conditions stated above;
That despite the fact that the respondent was also requested in the same legal letter dated 16th January, 2020 (marked as Doc. B) to vacate the premises, the respondent remained in default. Therefore, in virtue of the same default of the respondent, the abovementioned contract deemed terminated;
That the plaintiff company and its director are personally aware of these facts;
That although the contract is deemed terminated, the plaintiff company is seeking a judicial pronouncement declaring that the respondent should vacate the premises with immediate effect and this for all intents and purposes of the law;
That the plaintiff company is declaring that the respondent does not have a defence to this action being sumbitted by the plaintiff company.
Therefore, the plaintiff company is requesting the Rent Regulation Board to pronounce judgement on this demand without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta.
The respondent must therefore declare why, this Honourable Board should not:
1. Pronounce judgement on this demand without proceeding to trial as per Article 16A of Cap. 69 of the Laws of Malta;
2. Declare that the respondent is contractually in default and that he has breached the terms of the contract as well as declare that the contract of lease is forthwith terminated;
3. Order, in view of the reasons expounded above, the respondent to vacate the property L1-2, Park Towers, Borg Olivier Street, St Julian's, and to fix a short and peremptory period, within which the respondent must vacate the premises and deliver the vacant possession of the same to the applicant;
4. Declare, condemn and, as the case may be liquidate, that the plaintiff company is the respondent's creditor for the sum of €37,948.80 being the remaining balance of rent arrears as per the contract of lease between the parties apart from any other compensationdue for the occupation of the property from the date of the filing of this application until the delivery of the vacant possession of the property;
5. Order the respondent to pay the plaintiff company the aforementioned sum of €37,948.80 with interest, or any other sum as liquidated, including any compensation due for the occupation of the property from the date of the filing of this application until the delivery of the vacant possession of the property.
With costs, including those of the legal letter attached, against the respondent, who is hereby being summoned under oath.
Applicant: Budget Services Ltd, Office Park Tower Mall, Triq George Borg Olivier, St Julian's
Notification: Jose Maria Guitian Garcia, L1-2 Park Towers, Triq Borg Olivier, St Julian's
The application in the names Budget Services Ltd vs Jose Maria Guitian Garcia, Application number 51/2020MV, has been postponed for hearing to the 13th November, 2020 at 9.45 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Court Warrant
1463By means of a decree of the 28th August, 2020, by the First Hall of the Civil Court, in the records of the Warrant of Eviction Number 577/2020 in the names (applicant) Earli Limited (C8094) vs Jason Galea (ID 428974M) the following publication was ordered for the purpose of effecting service on the respondent Jason Galea in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12)
By means of an application before the First Hall of the Civil Court, in the names (applicant) Earli Limited (C8094) vs (respondent) Jason Galea (ID 428974M) filed on the 25th May, 2020, the applicant Earli Limited (C8094) requested this Honourable Court:
To issue a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondent failed to do this till this day.
Premises: 49, Flat 3, Triq San Patrizju, Valletta, Malta
Judgment: Judgment of the First Hall of the Civil Court reference number 956/2019 JVC in the names Earli Limited (C8094) vs Jason Galea (ID 428974M) decided on the 6th February, 2020 (Doc. A), which judgement was not appealled and thus has become res gudicata (Doc. B). Despite this judgement, the respondent is still occupying the premises de quo illegally and abusively, and therefore the issue of the said warrant had to be requested.
Filed by Advocate Dr Natalino Caruana De Brincat and
Legal Procurator Daniel Aquilina
Warrant of Eviction
Republic of Malta
To the Court Marshall
Given by the First Hall of the Civil Court above mentioned with the witness of the Hon. Mr Justice Robert G. Mangion, LLD.
Execution: 49, Flat 3, Triq San Patrizju, Valletta
Notifiction: Jason Galea, 49, Flat 3, Triq San Patrizju, Valletta
Applicant: Earli Limited (C8094), 237, Triq Fleur-De-Lys, Birkirkara (Malta)
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1464
1464By means of a decree of the 28th July, 2020, in the First Hall of the Civil Courts in the records of the judicial letter number 3799/2019 in the names Bank of Valletta plc vs Simon Tabone et, the following publication was ordered for the purpose of effecting service on the respondent Andrea Muscat in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Simon Tabone (ID 199779M) and Andrea Muscat (ID 425586M) of Franmar Court, Flat 12, Triq Dun Ġuzepp Gonzi, Ħal Tarxien, on the 30th September, 2019, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, solicits you so that within two days you pay together and in solidum between you the sum of €79,676.21 balanc of debt in your House Loan Accounts with Bank of Valletta plc, together with further interest from the 23rd September, 2019, till the date of effective payment.
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
Notice 1465
1465By means of a decree of the 7th August, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 780/2020 in the names No Deposit Cars Malta Limited vs Zlatina Bozhinova the following publication was ordered for the purpose of effecting service on the respondent Zlatina Bozhinova in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Zlatina Bozhinova (ID 157440A) of 261, Emeral Court, Triq Swieqi, Swieqi
By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €8,400 (a copy of which bills of exchange is being herein attached and marked as Doc. 1), which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 25th April, 2019, between the parties (a copy of which is being herein attached and marked as Doc 2) and are as follows:
1. Bill of exchange number 2 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th May, 2019, and which sum has to date not been paid;
2. Bill of exchange number 3 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th June, 2019, and which sum has to date not been paid;
3. Bill of exchange number 4 the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th July, 2019, and which sum has to date not been paid;
4. Bill of exchange number 5 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th August, 2019, and which sum has to date not been paid;
5. Bill of exchange number 6 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th September, 2019, and which sum has to date not been paid;
6. Bill of exchange number 7 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th October, 2019, and which sum has to date not been paid;
7. Bill of exchange number 8 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th November, 2019, and which sum has to date not been paid;
8. Bill of exchange number 9 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th December, 2019, and which sum has to date not been paid;
9. Bill of exchange number 10 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th January, 2020, and which sum has to date not been paid;
10. Bill of exchange number 11 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th February, 2020, and which sum has to date not been paid;
11. Bill of exchange number 12 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th March, 2020, and which sum has to date not been paid;
12. Bill of exchange number 13 in the amount of €700.00 issued by the defendant in favour of the company, which bill of exchange was due on the 25th April, 2020, and which sum has to date not been paid;
This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.
Notwithstanding that you have been requested to pay the interpellant according the Payment Schedule (here attached and marked as Doc. 3) and by means of a Statement of Contract (attached and marked as Doc. 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.
In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.
With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1466
1466By means of a decree given, by the Constitutional Court, on the 20th February, 2019, in the records of the Application 30/2016, in the names Emanuel Farrugia vs Director of the Joint Office et, the following publication was ordered for the purpose of service of Emanuel Farrugia, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application,filed, in the Constitutional Court, Application for a New Trial of the Lands Authority, the applicant Lands Authority respectfully pleaded:
1. That the applicant holds by title of agricultura lease from the Director of the Joint Office, the field known a 'Ta' Hruf'known also as 'Ta' Majru' in the limits of Ħaż-Żebbuġ, Malta,
2. That despite of this the respondent Commissioner of Lands, in the most abusive, arbitrary and surprising manner on the 24 th February, 2012, issued an Eviction Order against the applicant where he was ordered to vacate this land,
3. That according to law an eviction order which takes place as in the present case in virtue of Article 3(1) of Cap 228 read together with th proviso of Article 2 of Cap 169, could at that time be used only in the case of land occupied without any title;
… omissis …
The applicant asked the Court,
1. To declare that the Warrant of Eviction as issued by the respondent Commissioner of Lands, on the 24th February, 2012, is null and without effect and thus should be cancelled,
… omissis …
That by a judgement given on the 24th October, 2017, in the names premised the Honourable First Hall Civil Court (Voluntary Jurisdiction) decided the cause as follows,
For these motives the Court decides by whilst rejecting all the pleas of the respondents it uphold's the applicant's demands declare that the Eviction Order issued on the 24 th February, 2012, violates the fundamental right of the applicant to a fair hearing and is thus null and without effect and consequently puts the parties in the state in which they were before the issue of this warrant.
That the Lands Authority felt aggrieved by the judgement and filed an appeal from it before the Honourable Constitutional Court,
That by a judgement given on the 13th July, 2018, the Honourable Consitutional Court decided,
Decide
41. For these motives it upholds the appeal limitedly by cancelling that part of the decide which states so,
'Furthermore as a part of the reasonable remedy demanded by the applicant orders that no warrrant of eviction or other similar procedure which obstruct the rights of the applicant on the land in question be taken by the respondents or other equivalent authority, before the title of the applicants on the land in question, is finally decided by the Courts of the Country',
and confirm the rest of the judgement appealed.
That the Lands Authority submits that there are valid reasons at law for the new hearing of the cause at an appeal stage in terms of Article 811 of Cap. 12 of the Laws of Malta, specifically in terms of subsection (i) and (e),
… omissis …
That by the judgement given the Honourable Consitutional Court created a situation in virtue of which the Lands Authority was given a free hand to proceed with the Eviction Order in terms of Law and according to the powers given to it by law, since it was not cancelled there remained applicable that part of the judgement in First Instance which reintegrated the applicant in possession of the land in question. These are contrary dispositions in the judgement of the 13th July, 2018.
… omissis …
Thus the applicant Lands Authority, respectfully prays this Honourable Court to remove and cancel the judgement of the 13th July, 2018, in the names premised given by this Honourable Court for the reasons explained in the application, uphold the demand of the Lands Authority and order the new hearing of of the cause at an Appeal stage with the purpose that the decide is not only compatible with the relevant provisions of the law and with the powers of the Lands Authority, in virtue of the law but also to remove the stalemate that the judgemen of the 13th July, 2018, of ths Honourable Court caused and reject the applicant's demand that there occurred a violation of Article 6(1) of the European Convention of Human Rights.
The Application in the names Emanuel Farrugia vs Director of the Joint Office et, Application number 320/2016, has been deferred for hearing to the 30th November, 2020, at 9.00 a.m.
Notify: Emanuel Farrugia, Djamant Farmhouse , tal-Larinġ, limits of Siġġiewi
Adv. Frank Portelli,LLD.
For the Registrar, Civil Courts and Tribunals
Notice 1467
1467By decree given by the Civil Court, First Hall on the 4th November, 2020, on the application of Bank of Valletta plc (C2833), Tuesday, 6th July, 2021, 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, Valletta, of the following property:
The flat internally numbered one (1) situated on the second floor, being the flat on the left hand side when facing the block from the street, which flat form part of an unnumbered block of buildings named 'Dajenu Apartments' , in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bound from the west by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title, including pro rata of common parts, entrance, entrance hall, staircase, stairwell, landings, drains and drainage system, lift, shafts, ramp and drive in of the garage complex, lighting in the common parts and in general of all parts and services of the block which are destined for the common use and for the common utility by the owners of the flats and garages in the block, excluding the roof and the airspace overlying the block which are not a common part valued at one hundred and eighty three thousand euro (€183,000).
and
Basement level garage, internally numbered eight (8), which garage is accessible from common ramp and drive in, in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, the basement garage forms part of an unnumbered block of buildings named 'Dajenu Apartments', which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bound from the west by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title or more correct boundaries. The garage is bounded on north with the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title. The garage is bounded on the North with the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title valued at twenty seven thousand euro (€27,000).
The apartment and the basement garage are free and vacant, with all its rights and appurtenances.
The said tenement is the property of Scerri Raymond (ID 605960M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2016.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1468Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 22nd November, 2019, following a request by Victor Stivala et it was ordered that deputy curators be chosen to represent the unknown owners of the directum dominium in the acts of the schedule of deposit number 2197/2019 in the names Victor Stivala 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 Victor Stivala, pensioner, son of the late Antonio and Susanna née Chetcuti (ID 910848M), Marvic Stivala, son of Victor Stivala and Mary Stivala (ID 12684M), Antoine Agius, son of Nazzareno and Giovanna née Aquilina (ID 208286M), Diandra Fenech, son of Emanuel Fenech and Jane née Zahra (ID 44188M), Victor Mario Gafa, son of Emanuel and Maria Victoria née Cassar (ID 434279M), Denise Zammit, daughter of Joseph Zammit and Mary née Bonavia, (ID 574684M), Paul Bugeja, son of Joseph and Antonia née Lofreda (ID 335783M) and Audrey Griffin, daughter of George Griffin and Rose née Falzon (ID 431985M) vs deputy curators to represent the unknown owners of the directum dominium, filed on the 20th November, 2019, the applicants respectfully submitted:
The depositor Victor Stivala acquired a undivided portion from a divided portion of land known as San Ġwann tal-Andar, in the vicinity of San Ġwann in the limits of Naxxar of a total measurement of 2577 square meters subject to the annual and perpetual groundrent of Lm90 by means of a deed of sale in the records of Notary Doctor Angelo Vella drawn up on the 20th May, 1982 (deed of sale attached and marked as Doc. A);
Subsequent to the sale of a number of portions of the said land, there remained four portions in common which by means of a deed of division drawn up by Notary Doctor Angelo Vella on the 5th January, 1985, the depositor Victor Stivala was assigned the plots number 1 measuring about 189 square meters and 5 measuring 395 square meters subject to the groundrent of Lm4 each (deed of division attached and marked as Doc. B);
That the depositor Victor Stivala developed the plot number 5 and built a garage partially under the street level, and also maisonette number 153 overlying the said garage and a block of appartments that consists of two appartments and penthouse, numbered 155.
The depositor Victor Stivala sold and transferred the maisonette today numbered 153 with the name Fineja, overlying the garage built on plot number 5 to the depositor Paul Bugeja and Audrey Griffen, by means of a contract in the records of Notary Doctor John Spiteri drawn on the 16th November, 2007 (deed of sale attached Doc. C);
The depositor Victor Stivala sold to the depositors Victor Mario Gafa and Denise Zammit the appartment numbered 1 that forms part of the block of appartments today numbered 155 Stivala Court, Triq Jean De La Vallette, Naxxar, by means of a contract in the records of Notary Dr Patrick Critien drawn on the 1st April, 2010 (deed of sale attached Doc. D);
The depositor Victor Stivala sold to the depositors Antoine Agius and Diandra Fenech, the appartment internally numbered 2 that forms part of the block of appartments today number 155, Stivala Court, Triq Jean De La Vallette, Naxxar, by means of a contract in the records of Notary Doctor John Spiteri drawn on the 23rd September, 2008 (deed of sale attached Doc. E);
That the depositor Victor Stivala gave by title of donation to his son Marvic Stivala the penthouse internally marked number 3 that forms part of the block of appartments numbered 155, Stivala Court, Triq Jean De La Vallette, Naxxar, by means of a contract of donation in the records of Notary Doctor John Spiteri drawn on the 21st March, 2007 (Act attaced Doc. F).
The sum of Lm4 that is equivalent to €9.32 representing the groundrent due capitalised at the rate of 5% amounts to €186.40.
Thus in terms of Article 1501 of Cap. 16 of the Laws of Malta the applicants are humbly calling upon this Honourable Court and under its authority are depositing the sum of €233 that includes the arrears of the last five years of groundrent in the amount of €46.60 together with €186.40 for the redemption of the annual and perpetual groundrent to be freely withdrawn as above mentioned by the respondents after leaving the relative receipt according to law.
applicant: Victor Stivala 14, Marlou, Triq Lord Byron, Naxxar
Respondents: Superior Courts, Triq ir-Repubblika, Valletta
Notification: 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
Notice 1469
1469By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th September, 2020, Application number 1178/2020 by Paul Agius et whereby they requested that it will be declared open in favour of Paul Agius, Mario Agius, Francis Agius and Mary Rose Mc Guirk in the quota of one fourth (1/4) undivided share each one of them the Succession of their mother Maria Stella Agius, widow of Joseph Agius, daughter of Paul Borg and Rosina née Martin, born in Ħamrun, Malta, and resided in San Ġwann, Malta, and died in Msida, Malta, on the 23rd June, 2020, aged 94, and who held identity card number 0430425M.
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
Notice 1470
1470By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th October, 2020, Application number 1326/2020 by Eduardo Depasquale et whereby they requested that it will be declared open in favour of Eduardo Depasquale, Miriam Casha, Evelina sive Eve Arnett Depasquale, Josephine Mirabelli and Antoinette Price the Succession of their sister, Lorenza Depasquale, unmarried, daughter of the late Joseph Depasquale and Catherine née West, born in Tas-Sliema, Malta, and resided in Mosta, Malta, and died in Msida, Malta, on the 31st May, 2020, aged 73, and who held identity card number 0642546M.
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
Notice 1471
1471By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd October, 2020, Application number 1232/2020, by Joseph Abela and others whereby they requested that it will be declared open in favour of her husband Joseph Abela in the quota of one half (1/2) undivided share each one and in favour of Victoria Marie Jameson, Andrew Joseph Abela and Daniel Joseph Abela children of the decujus in the quota of one sixth (1/6) undivided share each one of them the Succession of Christine Amanda Abela, wife of Joseph Abela, daughter of the late William Thomas Rogers and Margaret Rogers née Reeder, born in Blackpool, England, resided in San Ġiljan, Malta, and died in Msida, Malta, on the 4th February, 2013, aged 54, and who held identity card number 0364203L.
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
Notice 1472
1472By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th January 2020, Application number 75/2020 by Saviour Griscti et whereby they requested that it will be declared open in favour of Paul Griscti, Edwin Griscti, Saviour Griscti, Eunice Rosary Drago and Carmel Griscti brothers and sisters of the decujus in the quota of one seventh (1/7) undivided share each one of them; in favour of Rita Grixti in the quota of one eight (1/8) undivided share; in favour of Charlotte Gillett, Vanessa Consiglio and Etienne Spiteri in the quota of one part of twenty one (1/21) undivided share each one of them and in favour of Josef Griscti, Valhmor Griscti and Clare Spiteri in the quota of one part of one hundred and sixty eight (1/168) undivided share each one of them the Succession of Giuseppe Griscti sive Grixti, bachelor, son of the late Luigi Griscti and Teresa Griscti née Spiteri, born in Valletta, Malta, resided in Marsa, Malta, and died in Tal-Qroqq, Msida, Malta, on the 29th September, 2019, aged 90, and who held identity card number 0590729M.
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
Notice 1473
1473By a decree of the Consumer Claims Tribunal of 29th September, 2020, 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).
Ray Camilleri on behalf of Dean Richardson of 53 St Francis Street, Tas-Sliema SLM05, Malta, and/or 50, St Francis Street, Tas-Sliema, filed a Claim on the 29th August, 2019, whereby he asked the Tribunal to condemn Francis Camilleri (ID 472061M) of Kitmel, Triq in-Naħal, Qormi, to pay the plaintiff nomine the sum of €1800, which amount is due to the plaintiff.
The case (CCT number 112/19) is deferred on the 30th November, 2020, at 12.45 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 1474
1474By a decree of the Small Claims Tribunal of the 10th Ottubru, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 2nd October 2019, whereby they asked the Tribunal to condemn Stefanidis Simona-Corina (ID 163631ROM) of Ruth Residence, Tal-Qroqq, Msida, to pay the plaintiff company the sum of €2609.49, which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 280/19JG) is deferred on the 30th November, 2020, at 12.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1475
1475By a decree of the Court of Magistrates (Malta) of the 5th June 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12) in the acts of the application in the names AppleCore Foods Limited vs Mario Pisani (Application number 53/2020VGA) in regard to the respondent Reuben Briffa.
AppleCore Foods Limited (C-55240) of 45, Hardrocks Business Park, Naxxar, filed a claim on the 12th May, 2020, whereby they asked the Court to condemn Mario Pisani (ID 426476M) of 24, Blue Danube, Triq il-Mużika, Iklin, to pay the plaintiff company the sum of €3,900.92, which amount is due to the plaintiff company.
With interests and costs
Notification: Mario Pisani (ID 426476M) of 24, Blue Danube, Triq il-Mużika, Iklin
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1476
1476By a decree of the Courts of Magistrates (Malta), of 25th September 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et seq of the Code of Organisation and Civil Procedure (Cap 12).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on an application of Advocate Dr Carlo Bisazza as duly authorised for and on behalf of the company Velocity Ventures Limited (C85204) it was ordered the selection of Deputy Curators to represent the foreign American company Mineral Health and Beauty (Reg: 82-3002815) in the proceedings with Application number 159/2020AJD and in other relative and subsequent acts where they requested:
That the respondent company pays the applicant company the amount of USD10021.34 equivalent to €8463.27 or any other amount according to the rate of exchange representing the balance due for costs and services rendered in connection with online sales and marketing and this according to the contract dated 27th April, 2019, signed between the parties.
With costs and legal interests from the date of notification of the relative invoice and that is 19th May, 2020, against the respondent who is from now summoned so that a reference to their oath be made.
Applicant: Dr Carlo Bisazza noe, 62/4 Old Bakery Street, Valletta
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 files a note with a declaration that he is prepared to act as such.
You are also ordered to inform every one 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 Audrey J. Demicoli, LLD, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Courts and Tribunals
Notice 1477
1477By a decree of the Courts of Magistrates (Malta), of 14th October, 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).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on a request of Robert Pace it was ordered that Deputy Curators be appointed to represent the unknown heirs of the late Joseph Demicoli and Luke Gauci in the schedule of deposit number 2286/2020 and in other relative and subsequent acts where Robert Pace (ID 553791M) demanded:
That the applicant is the owner of the appartment internally marked with number 7 and forms part of a block of appartments with the name Yanlil in Triq Mimosa, Gwardamanġa, which appartment is subject to the annual perpetual groundrent and sub groundrent of €15.50. The applicant acquired the said property from Jane Mary Conti by means of a contract dated 20th Janauary, 2017, in the acts of Notary Doctor Ian Castaldi Paris;
The applicant does not know to whom this groundrent and subgroundrent has to be paid, on which date and at what time it has to be paid;
That when the applicant acquired the property de quo, the seller deposited the groundrent and subgroundrent for five years by means of a schedule of deposit number 162/2017 in the Magistrates Court (Malta) on the 19th January, 2017, copy attached Doc. A;
Thus the applicant is filing this schedule of deposit to deposit the groundrent and subgroundrent for the subsequent five years that is till 18th January, 2022, and this in order to exempt himself from any responsability and to pay in advance;
Therefore the applicant in order to exempt himself from any responsibility he is requesting this Honourable Court and under its authority he is depositing the amount of €77.50 representing 5 years groundrent and subgroundrent of €15.50 regarding the appartment number 7, Yanlil, Triq Mimosa, Gwardamanġa, which amount may be freely withdrawn by the respondents after leaving the relative receipt.
Applicant: Flat 7, Yanlil, Triq Mimosa, Gwardamanġa
Respondent: Deputy Curators
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 files a note with a declaration that he is prepared to act as such.
You are also ordered to inform every one 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 Rachel Montebello, LLD, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Courts and Tribunals
Notice 1478
1478By means of a decree given on the 3rd August, 2020, in the records of the judicial letter number 131/2020, in the names Mapfre Middlesea plc vs Carmelo Stivala et, the Courts of Magistrates(Malta), ordered the following publication for the purpose of effecting service on the respondent Carmelo Stivala, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.
In the Courts of Magistrates (Malta)
To: 1. Carmelo Stivala (ID 847533M) of 14A, Flat 2, Ix-Xatt ta' Ta' Xbiex, Msida
2. Argus Insurance Agencies Limited
By means of the present Mapfre Middlesea plc (C5553) of Middlesea House, Floriana as subrogated by policy and at law in the rights of its insured Tal-Magħtab Construction Company Limited (C11485) of Tal-Magħtab Construction Company Limited, Ramla Road, Naxxar and the same Tal-Magħtab Construction Company Limited, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsabilities for the road accident which occured on the 14th July 2018 in Xatt ta' Tignè, Tas-Sliema, between the vehicle with registration number GBV 228 driven by you Carmelo Stivala and insured by you Argus Insurance Agencies Limited and several other vehicles amongst them the vehicle with registration number KBC 513 driven by Innocent Farrugia and insured by the applicant Mapfre Middlesea plc, and also to come forward for the liquidation and payment of the damages incurred by the interpellant.
The interpellant submits that you are solely responsabile for the said accident and this because of recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part or any one of you.
This letter is being sent for the effects and purposes of law especially in terms of Cap. 104 of the Laws of Malta and serving to interupts the prescription in terms of article 2128 of Cap. 16 of the Laws of Malta.
In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.
With costs of this present and legal interest till the date of effective payment
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1479
1479By means of a decree of the 28th July, 2020, of the Civil Court, First Hall, in the records of judicial letter number 1650/2020, in the names William Grech vs Joseph Grech et, the following publication was ordered for the purpose of effecting service on the respondents Joseph Grech and Bryden Azzopardi in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Joseph Grech (ID 202873M) of MarJos, Tal-Fortizza/Triq il-Fortizza, limits of Tal-Ħandaq Industrial Estate, Ħal Qormi
Bryden Azzopardi (ID 104090M) of Razzett tan-Nuza, Triq Hannibal, limits of Wied is-Sewda, Ħ'Attard
By the present William Grech (ID 318963M) of 1, Qalb ta' Ġesù, Triq il-Qastan, Marsaskala, makes reference to the construction works executed by you at Mystic Rose Court, Triq il-Qastan, Marsaskala and notes that:
i) till today you were paid the total amount of €86,100 as payments on accounts of a final bill, but the final bill for works that were made by you amounts to €62,989.55 (VAT included) and so you recieved the amount of €23,110.45 as additional payments which are not due to you; and
ii) you failed to do a number of works that are already included for payment in the final bill and in addition, a number of works resulted not to have been carried out in accordance with the art and the trade as indicated in the architect's report of the 30th May, 2020, and besides you have retained decorative stone work which had to be reintegrated in the facade.
Thus, by means of this present he is soliciting you:
i) So that with immediate effect you refund the amount of €23,110.45 over paid by the interpellant with interest at the highest rate permitted by law and with effect from the 1st June, 2020, till the date of effective payment; and
ii) Within ten (10) days you carry out the works that you failed to do, and rectify the works that were not made according to art and trade, as shown in the attached report, and in default you pay the interpellant the amount of €6,200 together with other costs incurred to carry out the works, as shown in the same report of the 30th May, 2020, and make good all the additional damages which will be incurred including the decorative stone works that had to be reintegrated in the facade but which was never returned back by you.
If you fail to comply with the above further procedures will be taken according to law, both criminal and civil, including the issuing of the opportune warrants.
With interest and all the costs till the effective payment
So much for your own guidance
This judicial letter is being made in terms, but not exclusively, of Article 889 of Cap. 12 of the Laws of Malta.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1480
1480By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th October, 2020, Application number 1327/2020, by Marthese Cassia and Isabella Spiteri whereby they requested that it will be declared open in their favour in the quota of one half (1/2) undivided share each one of them the Succession of their father Gorg Said, widow of Carmen née Camilleri, son of the late Ernestu Said and Teresa Said née Baldacchino, born in Ħaż-Żebbuġ, Malta, resided in Mosta, Malta, and died in Ħal Balzan, Malta, on the 27th February, 2020, aged 82, and who held identity card number 0747737M.
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
Notice 1481
1481By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th September 2020, Application number 1214/2020 by Antonia Camilleri and others whereby they requested that it will be declared open in favour of Antonia Camilleri, Joseph sive Giovanni Camilleri, Emmanuela Camilleri and Francesca Walley, brothers and sisters of the decujus in the quota of one fourth (1/4) undivided share each one of them the Succession of their brother Joseph Camilleri, bachelor, son of the late Joseph Camilleri and Carmela née Tonna, born in Mosta and died in Msida, Malta, on the 20th April, 2020, aged 71, and who held identity card number 0285749M.
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
Notice 1482
1482By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th October 2020, Application number 1264/2020 by Louis Bugeja and others whereby they requested that it will be declared open in favour of the same Louis Bugeja and Joseph Bugeja, children of the decujus in the quota of one half (1/2) undivided share each one of them the Succession of their mother, Paola sive Pawlina Bugeja, widow of Carmelo, daughter of the late Giuseppe Sammut and Antonia née Bugeja, born in Marsa, resided in Marsa and died in Msida, Malta, on the 9th May, 2020, aged 85, and who held identity card number 00006435M.
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
Notice 1483
1483Notice, Registry of The Civil Court (Family Section)
Whereas the plaintiff Clint Zammit (ID 396984M) filed an application under oath (No. 140/20 AL) demanding Correction in the Act of Birth of Aisha Cherise Chalbi number 3867/2007 respectively 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,
Marilyn Bugeja
For Registrar, Civil Courts and Tribunals
Notice 1484
1484By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th October, 2020, Application number 1298/2020, by Carmelo Genovese whereby he requested that it will be declared open in his favour the Succession of his wife Maria sive Margaret Genovese, wife of Carmelo, daughter of Paolo Tabone and Carmela née Grixti, born in Floriana, Malta, resided in Ħal Tarxien, Malta and died in Ħal Tarxien, Malta, on the 8th August, 2019, aged 88, and who held identity card number 0217731M.
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