Left arrow Mur Lura

Court Notices published in Govt. Gazette No. 20,526 of 24th November 2020

Date Icon 24/11/2020

Notice 1551

1551

By means of a decree of the 3rd September, 2020, in the records of the judicial letter number 1322/2019, in the names Simonds Farsons Cisk plc vs Nigel Gatt et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent Nigel Gatt and Xylon Aquilina in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Nigel Gatt (ID 163188M) of 4, Misraħ is-Suq, Ħal Tarxien

  Xylon Aquilina (ID 548988M) of L Spiteri, Fl 1, Triq Villa Abate, Ħaz-Zabbar

By means of this present the company Simonds Farsons Cisk plc (C113) of The Brewery, Mdina Road, Mrieħel, calls upon so that within two days you pay the interpellant the sum of €1,972.78 representing balance from a bill of exchange of €8000 that matured on the 1st April, 2016.

With this judicial letter an authenticated copy of the bill of exchange above mentioned is being attached so that the debt due by you amounting to €1,972.78 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 Cap. 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 Cap. 12 of the Laws of Malta that you can, be means of an application that has to be filed within twenty days from the service of this judicial letter, you can request the competent Court to suspend the execution of bill of exchange or bills of exchange above mentioned, in their entirety or in part, and this in case you oppose the execution of the bill of exchange or bill 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 resons 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

20 Novembru 2020

Notice 1552

1552

By means of a decree given by the Court of Appeal,on the 8th October, 2020, in the records of the Application number 556/2015/APP, in the names Anthony Meli and Ynskje Meli vs John Bugeja, the following publication was ordered for the purpose of service of the respondents John Bugeja and Louiselle Bugeja, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Notice issued by the Registry of the Superior Courts, on the 10th June, 2020, and whereas the procedures in writing before the Court of Appeal,between Anthony Meli and his wife Ynskje Meli vs John Bugeja, have been closed,the Court fixed the hearing of this casuse on Tuesday, twenty third (23) of June, 2020, at 9.30 a.m. and deferred to the 3rd November at 9.05 a.m., and now deferred to the 12th January, 2021, at 8.40 a.m.

Respondents: John Bugeja , 27, Triq il-Freres, Tas-Sliema

Louiselle Bugeja, 20, Flat 1, Triq Farsons, Ħamrun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1553

1553

By means of a decree of the 20th October, 2020, of the Civil Court First Hall in the records of judicial letter number 2406/2020, in the names Commissioner for Revenue vs Emanuel Mamo, the following publication for the purpose of service on the respondent Emanuel Mamo was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Emanuel Mamo (ID 237753M) of 63, Triq San Mark, San Giljan and/or 244, Fl 3, Triq Fleur-De-Lys, Birkirkara

By the present the Commissioner for Revenue of Centre Point Building, Ta' Paris Road, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €29,466.21 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to the said Act till the date of effective payment.

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1554

1554

By 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 877/2020 in the names No Deposit Cars Malta Limited vs Mandolfo Giorgio the following publication was ordered for the purpose of effecting service on the respondent Mandolfo Giorgio in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Mandolfo Giorgio (ID 0167012A) of Bellview, Flat 1, Dawret il-Qalb Imqaddsa, Birżebbuġa

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 €3,610 (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 26th May, 2018, 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 7 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th November, 2018, and which sum has to date not been paid;

2. Bill of exchange number 8 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th December, 2018, and which sum has to date not been paid;

3. Bill of exchange number 9 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th January, 2019, and which sum has to date not been paid;

4. Bill of exchange number 10 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th February, 2019, and which sum has to date not been paid;

5. Bill of exchange number 11 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th March, 2019, and which sum has to date not been paid;

6. Bill of exchange number 12 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th April, 2019, and which sum has to date not been paid;

7. Bill of exchange number 13 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th May, 2019, and which sum has to date not been paid;

8. Bill of exchange number 14 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th June, 2019, and which sum has to date not been paid;

9. Bill of exchange number 15 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th July, 2019, and which sum has to date not been paid;

10. Bill of exchange number 16 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th August, 2019, and which sum has to date not been paid;

11. Bill of exchange number 17 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th September, 2019, and which sum has to date not been paid;

12. Bill of exchange number 18 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th October, 2019, and which sum has to date not been paid;

13. Bill of exchange number 19 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th November, 2019, and which sum has to date not been paid;

14. Bill of exchange number 20 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th December, 2019, and which sum has to date not been paid;

15. Bill of exchange number 21 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th January, 2020, and which sum has to date not been paid;

16. Bill of exchange number 22 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th February, 2020, and which sum has to date not been paid;

17. Bill of exchange number 23 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th March, 2020, and which sum has to date not been paid;

18. Bill of exchange number 24 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th April, 2020, and which sum has to date not been paid;

19. Bill of exchange number 25 in the amount of €190.00 issued by the defendant in favour of the company, which bill of exchange was due on the 26th May, 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

20 Novembru 2020

Notice 1555

1555

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th November 2020, Application number 1465/2020, by Francis Zammit et whereby they requested that it will be declared open in favour of Francis Zammit, husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of David Zammit and Claudia Zammit children of the decujus in equal shares between them the Succession of Carmela Zammit, wife of Francis Zammit, daughter of Michael Xerri and Concetta née Briffa, born in Bormla, Malta, resided in Fgura, Malta, and died in Msida, Malta, on the 1st August, 2020, aged 68, and who held identity card number 0211852M.

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

20 Novembru 2020

Notice 1556

1556

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd July, 2020, Application number 794/2020, by Carmelo Ciantar et whereby they requested that it will be declared open in favour of Nicholas Augustine Pace, Carmela Pace and Theresa Pace, brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them and in favour of Marija Pace, Nikolai-Paul Pace and Christina Pace children of the late Paolo Pace the latter brother of the decujus in the quota of one fifth (1/5) undivided share between them and in favour of Carmelo Ciantar, Christian Ciantar and Nicolai Ciantar children of the late Maria Lourdes Ciantar the latter sister of the decujus in the quota of one fifth (1/5) undivided share between them the Succession of Michael Pace, bachelor, son of the late Carmelo Pace and Carmela Pace née Farrugia, born in Siġġiewi, Malta, resided in San Pawl il-Baħar, Malta, and died in San Pawl il-Baħar, Malta, on the 21st December, 2019, aged 65, and who held identity card number 0198754M.

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

20 Novembru 2020

Notice 1557

1557

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd November 2020, Application number 1418/2020 by Josephine Felice whereby she requested that it will be declared open in favour of the same Josephine Felice and Ursola sive Lina Calleja sisters Taliana in the quota of one half (1/2) undivided share each one of them the Succession of their sister Carmela Taliana, unmarried, daughter of Alfred Taliana and Martha née Dibley, born in Paola, Malta, resided in Paola, Malta, and died in Msida, Malta, on the 10th August, 2020, aged 73, and who held identity card number 654046M.

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

20 Novembru 2020

Notice 1558

1558

By means of a decree given, by the First Hall Civil Court, on the 10th July, 2020, in the records of the Judicial Sale Number 49/18 RGM, in the names Joseph Gialanze (ID 668044M) and Maria Carmela sive Carmen Gialanze (ID 490653M) vs Barjola (Real Estate) Ltd, the following publication was ordered for the purpose of Article 416(1) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application, filed, in the First Hall Civil Court, in the records of the Schedule of Deposit with number 209/2020, following the judicial sale of immovable property with number 49/2018, in the names Joseph Gialanze et vs Barjola (Real Estate) Limited, on the 17t February, 2020, the applicant Joseph Gialanze (ID 668044M) and Maria Carmela sive Carmen Gialanze (ID 490653M) respectfully pleaded;

That the immovables merit of this judicial sale was adjudged in favour of Edward Camilleri, towards the price of € 211,000, which price was duly deposited by the acquirer by means of Schedule of Deposit with number 209/2020,

That the interpellants are creditors of the debtor company in the amounts hereunder indicated;

Capital: Euro 55,905

Interest: Ewro 32,611,25

To Run from the 1st November, 2012, and calculated till the 14th February, 2020, saving further interests

Expenses: Euro 7,096.03 (including the value added tax on the professional fees)

That there are being annexed with the present all the documents which show the expensaes incurred by the interpellant, which documents are being marked Doc. JGA;

That the credit of the interpellants is secured by a general hypothec enrolled with number 23450/2017, as well as a special hypothec enrolled with number 20664/2018, on the immovables sold in the judicial sale;

Thus, the interpellant humbly prays this Honourable Court to authorise them to withdraw the sum of € 95,612.28 as payment of their credit and this saving any other opportune provision;

That by a decree of the Court above mentioned of the 10th July, 2020, it was ordered that as it results that there is more than one creditor who has an interest on this deposit a Competition of creditors should be made and thus the Court ordered the opening of the Competion of Creditors.

Thus, whoever considers that he has an interest is called to bring forward his rights within one month from the date of publication of this Notice. When the period of one month lapses no person who has failed to put in a claim within that time can stop or otherwise hold the competition of creditors from being decided between those who have appeaered. Thus, all those who are interested are also to appear before the Court above mentioned during the sitting of the 2nd March, 2021, at 12.30 p.m.

Applicanty: 117, Ġiżimina, Triq il-Barrieri, Żurrieq

Notify: 1. Barjola (Real Estate) Ltd, 132, Carmen, Flat 1, Triq i-Bajja, s-Sabiħa, Birżebbuġa

2. Joseph Manduca, 2, Triq id-Dragunara, San Ġiljan

3. Jason Desira, 21, Triq il-Bħajra, Żejtun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Bann for Curators

1559

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 25th August 2020, following a request by Christopher Fenech it was ordered that deputy curators be chosen to represent unknown emphyetuetical direct owners in the acts of the schedule of deposit number 1216/2020 in the names Christopher Fenech 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 Christopher Fenech (ID 528793M), bachelor, son of Anglu Fenech and Dolores sive Doris née Borg, born in Pieta and residing in Marsaxlokk vs deputy curators to represent the unknown emphyetuetical owners, filed on the 21st August 2020, the applicant Christopher Fenech (ID 528793M) respectfully submitted:

That the applicant is the owner of the mezzanine on the second floor with number 15 in Triq San Piju V, Marsaxlokk, which property was transferred to him from his father Anglu Fenech by title of donation by means of a contract dated 14th June 2019 and this as results from the attached contract in the records of Notary Mark Cutajar (Doc CF1) which property is subject to the annual and perpetual groundrent of Lm0.34,8 equivalent to €0.80 which property is marked in red on the site plan here attached (Doc CF2);

That this property was originally acquired from his father Anglu Fenech who had in turn acquired from Joseph Fenech, by means of a contract dated the 5th of July 1973 and this as results from the attached contract in the records of Notary Joseph Cachia (Doc CF3).

That the direct emphyteutical owners are unknown to the applicant.

That the applicant wishes to avail himself of the option given to him in terms of article 1501 of Cap. 16 and redeem the groundrent;

That the amount of €0.80 capitalised at 5% amounts to €16;

That the applicant wants to pay the groundrent arrears for the last five years from the year 2015 till today, which amounts to €4.

That the amount of €0.80 is being deposited as laudemium.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €20.80 so that this amount may be freely withdrawn by the respondents after leaving the relative receipt.

Applicant: 5, Angdor House, Triq iż-Żejtun, Marsaxlokk

Notification: 1. Law Courts, Triq ir-Repubblika, Valletta

 2. Director Public Reġistru, 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. Mr Justice Anthony Ellul, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Bann for Curators

1560

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 3rd November, 2020, following a request by Josephine sive Jessie Grech it was ordered that deputy curators be chosen to represent unknown direct owners in the acts of the schedule of deposit number 1655/2020 in the names Josephine sive Jessie Grech 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 Josephine sive Jessie Grech, pensioner, widow of Francis Grech, daughter of the late Emmanuel Cutajar and Calcedonio Cutajar née Grech, born in Ħaż-Żebbuġ, and residing at 15, Triq Dun Mikiel Xerri, Ħaż-Żebbuġ, Malta (ID 314334M) vs Deputy Curators to represent the unknown direct owners, filed on the 30th October, 2020, the applicant Josephine sive Jessie Grech respectfully submitted:

That by means of a deed of Notary Doctor Marthese Felice dated 18th March, 1992, the applicant bought a tenament with its airspace, officially marked with number 30, previously with number 52 in Triq La Sengle, Marsaskala, subject to the annual and perpetual groundrent of Lm1 equivalent to €2.33 otherwise free and unencumbered with all their rights and appertenances, as better shown on the plan here attached and marked as Doc. A;

That the applicant does not have any information about who the direct owners of the premises are;

That the applicant wishes to avail herself from the option given to her in terms of article 1501 of Cap. 16 and redeem the groundrent regarding this tenament with its airspace;

That the amount of €2.33 capitalised with the rate of 5% amounts to €46.60;

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the amount of €46.60 the price of the redemption of the annual and perpetual groundrent regarding the tenament above mentioned in Marsascala so that this amount may be freely withdrawn by the unknown direct owners after leaving the relative receipt according to law.

Depositor: Josephine sive Jessie Grech, 15, Triq Dun Mikiel Xerri, Ħaż-Żebbuġ, Malta

Notifikaction: Director Public Reġistru, Triq San Kristoforu, Valletta

Registrar of Lands, Casa Bolino, Triq il-Punent, 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. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1561

1561

By a decree of the Courts of Magistrates (Malta), of 17th August, 2020, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur 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 Sharon Camilleri it was ordered the selection of Deputy Curators to represent the unknown owners of the groundrent in the Schedule of Deposit number 1637/2020 and in other relative and subsequent acts where she requested:

That by means of a contract in the records of Notary Doctor Malcolm Licari dated 28th January, 2016, the applicant acquired the appartment internally marked 4, in a block of appartments, officially numbered 55, with the name Vincenza Court, Triq Giuseppe Calì, Ta' Xbiex, as better described in the contract and which premises is subject to the annual and perpetual groundrent of €104.82;

That the groundrent for the years 2016, 2017, 2018 and 2019 is due and this amounts to €419.28;

There is also the laudemium in the amount of €104.82 which is due;

That the applicant does not know to whom the groundrent and laudemium are payable to.

Thus, the applicant in order to exempt herself from any responsibility is requesting this Honorable Court and under its Authority is depositing the amount of €475.80 that together with €48.30 representing the costs of this present procedure amounts to €524.10 representing the groundrent and laudemium above mentioned so that they may be freely withdrawn by who is entitiled to them according to law and after leaving the relative receipt according to law.

Applicant: 4, Vincenza Court, Triq Giuseppe Calì, Ta' Xbiex

Respondent: Deputy Curators, Law Courts, 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 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 Charmaine Galea, LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

20 Novembru 2020

Notice 1562

1562

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th October, 2020, Application number 1316/2020, by Jacqueline Cole Ferrante whereby she requested that it will be declared open in her favour the Succession of her mother Maria Pia Ferrante, widow of Samuel Ferrante, daughter of the late Michele Portelli and Susanna Portelli née Camilleri, born in Tas-Sliema, Malta, resided in Isla, Malta, and died in Msida, Malta, on the 18th July, 2020, aged 82, and who held identity card number 0865637M.

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

20 Novembru 2020

Court Warrant

1563

By means of a decree of the 19th October, 2020, by the First Hall of the Civil Court, in the records of the Warrant of Eviction number 1049/2020, in the names (Applicant) Bank of Valletta plc (C2833) vs Louis Scicluna et the following publication was ordered for the purpose of effecting service on the respondents Louis and Vivienne spouses Scicluna 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) Bank of Valletta plc (C2833) vs (respondents) Louis and Vivienne spouses Scicluna (ID 663257M and 262174M) filed on the 10th August, 2020, the applicant Bank of Valletta plc (C2833) 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: The appartment with number three (3) and number (4), Fawwara Buildings, in Triq Ġużè Fava, Tas-Sliema, which premises are one duplex appartment in the sixth and seventh floor level with Pjazza Sant'Anna, Tas-Sliema, including he undivided share of the common parts.

Judgment: Judgment given by this Honourable Court on the 9th June 2014 in the names Bank of Valletta plc vs Joecar Limited, Vivienne Limited and Louis and Vivienne spouses Scicluna – Notice number 66/2012 – which judgement was confirmed by the Honourable Court of Appeal on the 27th March, 2020, in the said names – Application number 66/12 (Doc. A).

Filed by Advocate Dr Dominic A. Cassar, and

Legal Procurator Vanessa Magro

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 Joseph R. Micallef, LLD

Execution: 3 and 4 Fawwara Buildings, Triq Ġużè Fava, Tas-Sliema

Notifiction: Louis and Vivienne Scicluna - Fawwara Buildings, Flat 6, Triq Ġużè Fava, Tas-Sliema

Applicant: Bank of Valletta plc (C2833), 1/5 Palace Square, Valletta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1564

1564

By means of a decree of the 28th October, 2020, of the Rent Regulation Board, in the records of the Application in the names Alfred Paul Farrugia noe vs Rose Gauci, Application number 2/2020JD, the following publication was ordered for the purpose of effecting service on the respondent Rose Gauci 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 Alfred Paul Farrugia for and on behalf of the Foundation Nicolò Cilia annexed to the Confraternity of the Blessed Virgin Mary of Charity vs Rose Gauci widow of Clement Gauci filed before the Rent Regulation Board on the 18th September 2020, the applicant Alfred Paul Farrugia (ID 168436M) for and on behalf of the Foundation Nicolò Cilia annexed to the Confraternity of the Blessed Virgin Mary of Charity humbly requests:

That the applicant nomine leased to the late Clement Gauci, and the respondent is widowed to him, the commercial premises 75, Triq San Pawl, Valletta;

That the applicant nomine requested the respondent to give him access to these premises which from the road seem not to be in use, and this in terms of Art 1548A of the Civil Code;

That initially, the respondent's son, Advocate Gianfranco Gauci answered that his mother is still not in a state to answer, after she became a widow, and she was going to answer in due course;

Till today the applicant did not receive any answer that he can access the premises leased, or a notice with the date and time when he is going to be given the access.

Thus, the applicant nomine requests with respect that this Board:

i) Fixes a day and time when the applicant can access the premises above mentioned in Valletta;

ii) Authorises him to access the same premises accompanied by an architect of his trust, and with the assistance of Court Marshalls and executive Police;

iii) Authorises that photos be taken during the access.

In the Rent Regulation Board

Magistrate: Dr Josette Demicol, LLD, M. Jur.

The Board,

Saw the application of Alfred Paul Farrugia noe in terms of Article 1548A of the Civil Code,

Orders its notification to Rose Gauci who has seven (7) days for a reply.

Applicant: 27, Triq Vincenzo Dimech, Floriana

Respondent: 62, Rozol, Triq il-Knisja l-Qadima, Birkirkara

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1565

1565

By means of a decree of the 2nd October, 2020, of the Rent Regulation Board, in the records of the Application in the names Carmelo Mallia vs Dolores sive Doris Grech et, Application number 128/2020JD, the following publication was ordered for the purpose of effecting service on the respondent Dolores sive Doris Grech 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 Carmelo Mallia (ID 953546M) vs Dolores sive Doris Grech (ID 673841M) and The Housing Authority as amicus curiae filed before the Rent Regulation Board on the 21st July, 2020, the applicant Carmelo Mallia humbly request:

That by means of a contract in the records of Notary Dr Tonio Spiteri dated 19th April, 1979, the applicant and all his family granted by title of temporary emphyteusis for 21 years with effect from the day of the same deed, the premises number 3, today 10, Armourer previously Triq l-Għarmier, Ħal Qormi, subject to the annual and temporary groundrent of Lm45;

That when the period of the temporary emphyteusis expired, the title of emphyteusis was converted to a lease by virtue of Cap. 158 and the respondent pays the rent of €139.77 every six months in advance;

That the applicant obtained a valuation of Architect Joseph Attard who valued the premises at the price of €185,000 and thus if the rate of 2% per year is taken it brings the rent to €3,700.

Thus, the applicant requests with respect that this Board:

i) Verifies the capital assets and the income of the respondent and it establish if she passes the means test according to law; and

ii) With effect from the 1st January, 2020, if her capital and/or her income is less than the benchmarks established by law, the rent will be risen to 2% of the value of the premises with a revision of the same rent as established by law and also, in case she has more capital assets and income from that stipulated by law, it doubles the present rent and establishes a short and peremptory time so that the respondent vacates the premises in favour of the applicant.

With costs against the respondent who is from now summoned so that a reference to her oath be made.

Applicant: 15, Poloma Triq is-Sifa, Mellieħa

Notification: 10, Triq l-Għarmier, Ħal Qormi

The application in the names Carmelo Mallia vs Dolores sive Doris Grech et, Application number 128/2020JD, has been postponed for hearing to the 2nd December, 2020, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

20 Novembru 2020

Notice 1566

1566

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 16th November, 2020, and this after a written plea numbered 910/2020, Ordered:

The correction of the Act of Marriage of Matthew Tabone Ferrante, bearing number 1163 of the year 2012 so that the surname of Matthew Tabone Ferrante wherever it occurs in this act, together with the surname Tabone is added the second surname Ferrante. It orders as well that this is reflected in the surname of the wife of Matthew Tabone Ferrante since she chose to adopt her husband's surname.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

20 Novembru 2020

Notice 1567

1567

By a decree of the Small Claims Tribunal of the 22nd January, 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).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 22nd January 2020, whereby they asked the Tribunal to condemn Karakash Antonijo (ID 161632A) of Cavalli Di Mare, Flat 1, Triq Andrew Cunningham, San Pawl il-Baħar, to pay the plaintiff company the sum of €2077.42, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 21/2020KCX) is deferred on the 2nd December, 2020, at 12.45 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

23 Novembru 2020

Notice 1568

1568

By a decree of the Small Claims Tribunal of the 21st January, 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).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 15th January 2020, whereby they asked the Tribunal to condemn Palincas Marius-Miahi (ID 158168A) of 33, Saliba, Flat 11, Triq il-Qalb Imqaddsa, San Ġiljan, to pay the plaintiff company the sum of €1359.23, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 11/2020KCX) is deferred on the 2nd December, 2020, at 12.45 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

23 Novembru 2020

Notice 1569

1569

By means of a decree given, by this Court, on the 14th October, 2020, following a request of Jeremy O'Farrell, it was ordered that deputy curators be chosen to represent the absent Martina Stranikova, in the records of the Letter number 880/20 AGV, in the names 'Jeremy O'Farrell vs Deputy Curators, and in the other relative and subsequent acts.

By means of an Urgent Application, filed, in the Civil Court (Family Section) Letter of Mediation 880/20, by Jeremy O'Farrell (ID 138795A) of 70, Flat 1, Misraħ l-Arċisqof Gonzi, Kalkara, the applicant respectfully pleaded:

That this cause regards the minor … omissis …, who was born on the 6th November, 2012, who is the natural son of the parties;

That in January 2020, the respondent disappeared together with the minor … omissis …, and police assistance was requested in order that the respondent and the minor be found;

That the mother first escaped to the Republic of Czechoslovakia and when judgement was delivered, she went to Austria;

That the father shall present an application so that this Honourable Court give all the necessary orders so that the minor be found and a decree pende lie regarding the custody of the minor be given.

Thus, in view of that above exposed the applicant humbly prays this Honourable Court to appoint as curators an advocate and legal procurator from those mentioned in the list mentioned in Article 91 of Cap. 12 of the Laws of Malta to represent the absentees and and this under any provision that this Honourable Court deems fit and opportune.

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, this Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Grazio Mercieca LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

23 Novembru 2020

Notice 1570

1570

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th October, 2020, Application number 1293/2020, by James Zammit Fava, whereby following the application Antwan Paul Zammit Fava, son of James Zammit Fava and Salvina Zammit Fava née Saliba, born in Moonée Ponds, Melbourne, Australia, on the 16th April, 1974, and residing at Victory Court, Block A, Fl 1, Triq il-Wileġ, San Pawl il-Baħar, and holding identity card number 69696M, was interdicted from all the acts of the civil life by means of a decree given on the 20th October, 2020.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

23 Novembru 2020

Notice 1571

1571

By means of a decree given, by the First Hall Civil Court,on the 8th October, 2020, in the records of the Sworn Application, in the names HSBC Bank Malta plc vs Mifsud Jean Paul et, Application number 55/2020 RGM, the following publication was ordered for the purpose of service of the respondents Jean Paul Mifsud and Cynthia Grech 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 HSBC Bank Malta plc (C3177) vs Jean Paul Mifsud (ID 275574M) as principal debtor and Cynthia Grech (ID 232276M) as surety in solidum on the 17th January, 2020, the applicant asked this Honourable Court:

i) To declare that the debtors are debtors in solidum in regard to the plaintiff Bank in the global sum of one hundred eighty nine thousand four hundred seventy nine euro and thirty seven cents (€189,479.37) due as for one hundred fifty six thousand two hundred sixty five euro and ten cents (€156,265.10) as balance of capital from the capital granted on loan to them and thirty three thousand two hundred fourteen euro and twenty seven cents (€33,214.27) as interest calculated till the 15th January, 2020;

ii) Condemn the same respondents in solidum between them to pay the plaintiff Bank the said global sum of one hundred eighty nine thousand four hundred seventy nine euro and thirty seven cents (€189,479.37) including further legal interests calculated from the 16th January, 2020, till the effective payment on the global sum in terms of Article 1142 of Cap. 16 of the Laws of Malta.

With costs as demanded and saving further legal interests calculated from the 16th January 2020, till the date of effective payment against the respondents from now summoned so that a reference to their evidence be made.

The Sworn Application in the names HSBC Bank Malta plc vs Mifsud Jean Paul et, Application number 55/2020 RGM, has been deferred for hearing to the 26th January 2021, at 9.15 a.m.

Notify: Jean Paul Mifsud, 74, St Ursula Street, Valletta

Cynthia Grech, 74, St Ursula Street, Valletta

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

23 Novembru 2020