Court Notices published in Govt. Gazette no 20,536 of 11th December 2020
Notice 1645
1645By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st August 2020, Application number 838/2020 by Charles Attard et whereby they requested that it will be declared open in favour of Saviour Degiorgio in the quota of one seventh (1/7) undivided share; in favour of Charles Attard, Rita Vella and Josephine Grima in the quota of two parts of twenty one (2/21) each one of them; in favour of Marie Louise Cassar, Joseph Degiorgio, Vincent Degiorgio, Veronica Degiorgio and Carmelina Degiorgio Gatt in the quota of one part of thrirty five (1/35) each one of them; in favour of Maria Attard and Rita Johanna Attard in the quota of one part of twenty one (1/21) each one of them; in favour of Ricky Dominic Attard, Danny Patrick Attard and Stacey Patricia Ann Dominique in the quota of one part of sixty three (1/63) each one of them and in favour of Carmelo Attard, Mario Attard, Veronica Galea, Antonia Formosa, Julian Attard and Theresa Attard Zammit in the quota of one part of fourty two (1/42) each one of them the SUCCESSION of their uncle Paolo Attard, widow of Carmela nee Gegiorgio, son of the late Emmanuele Attard and Maria nee Calleja, born in Sliema, Malta, and resided in Sliema, Malt nd died at tal-Qroqq, Imsida, Malta on the 15th December 2018 aged 89 and who held identity card number 175229(M) .
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.
Notice 1646
1646By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 14th August 2020, Application number 924/2020 by Joseph Felice, whereby Alda Pantalleresco, unmarried, daughter of ther late Arthur Pantalleresco and Francesca nee Costanzi, born in Sliema on the 29th November 1935 and residing in Birkirkara aged 84 and holding identity card number 826635(M) was INCAPACITATED by means of a decree given on the 22nd October 2020 under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Bann for Curators
1647Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 18th September 2020, following a request of Annalise Camilleri et it was ordered that deputy curators be chosen to represent the unknown owners in the records of the Sworn Application 814/2020GM in the names Annalise Camilleri et vs deputy curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Annalise Camilleri (ID 264175M), Melanie Zerafa (ID 265078M) and Andre Karl Camilleri (ID 164087M) brother and sisters Camilleri vs deputy curators to represent the unknown owners), on the 10th September 2020 the applicants Annalise Camilleri et requested with respect and Annalise Camilleri (ID 264175M) confirmed on oath:
That the applicants own 99.1% undivided share of the temporary utile dominium for the period remaining from 150 years that started to run from the 26th January 1921 on two portions of land in the limits of Saint Paul’s Bay, in the limits of Xemxija forming part of the land known as It-Trunċiera tal-Qassis as subject to the annual and temporary groundrent of €3.49 previously Lm1.50 payable to the Governement of Malta, free and unencumbered with all its rights and appurtenances, as indicated with the letters I and II on the attached plan in the records of Notary Carmelo Mangion of the 7th October 2006 and marked as document X. The portion marked with the letter “I” is of measurement of about 305 square meters and is bounded from the south west and from the South with Triq it-Trunċiera from the East with property of the applicants. Whilst the portion marked with the letter II of about 315 square meters or more precise measurement bounded from the North East with the said Triq it-Trunċiera and from other bounderies with property of Polidano Brothers Limited or their successors.
That these two portions of land were acquired by the father of the applicants John Camilleri by means of two contracts in the acts of Notary Carmelo Mangion, one dated 7th October 2006 and the other dated 2nd December 2006 (copy of which are attached and marked as Doc A and Doc B).
That the applicants inherited this property from their father as results from the declaration causa mortis dated 23rd January 2020 published by Notary Pamela Portanier (copy here attached and marked as Doc C)
That the remaining 0.9% of this property belongs to third parties.
That the applicants do not wish to remain in co-ownership together
That the land in question is not divisable between the parties according to their respective shares;
That the applicants wish to avail themselves from the option given to them by means of Article 516 of Chapter 16 of the Laws of Malta and that is the sale by licitation of the property de quo.
Thus for the reasons premised the applicants humbly request this Honourable Court to:
Subject to the confirmation that the applicants own 99.10% undivided share of the temporary utile dominium for the remaining period from 150 years that started to run from the 26th January 1921 of two portions of land in the limits of Saint Paul’s Bay, in the limits of Xemxija forming part of the land known as It-Trunċiera tal-Qassis as subject to the annual and temporary groundrent of €3.49 previously Lm1.50 payable to the Governement of Malta, free and unencumbered with all its rights and appurtenances, as indicated with the letters I and II on the attached plan in the records of Notary Carmelo Mangion of the 7th October 2006 and marked as document X. The portion marked with the letter I is of measurement of about 305 square meters and is bounded from the south west and from the South with Triq it-Trunċiera from the East with property of the applicants. Whilst the portion marked with the letter II of about 315 square meters or more precise measurement is bounded from the North East with the said Triq it-Trunċiera and from other boundaries with property of Polidano Brothers Limited or their successors whereas the remaining undivided share of the said land belongs to unknown owners, declares that the applicants have the right not to remain in co-ownership with the respondents on the land in question;
Declares that the same land, that is the two portions above mentioned cannot be comfortably divided between the parties in their respective shares and this, if required, with the nomination of architects;
Orders that the same portions above mentioned are sold, even to extraneous third parties;
Orders that the receivable from the sale of the same property, with the deduction of the costs, is divided between the parties according to their respective shares,, as above mentioned.
With costs against the respondents that are from now summoned so that a reference to their oath be made.
Applicants: Sayuri, Triq it-Torri Vincenti, Mqabba.
respondents: Law Courts, 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 th execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned,n With the witness of the Hon. Mr Justice Lawrence Mintoff LL.D. ,Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 1648
1648It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 18th November 2020, in the records of the judicial letter number 1927/2020, in the names Malta Public Transport Services (Operations) Limited vs Andrew Burbieri et, ordered the following publication for the purpose of effecting service on the defendant Andrew Burbieri, in terms of Article 187(3) of Chapter 12.
In the Courts of Magistrates (Malta)
To Andrew Burbieri (ID 548883M) of Flat 2, 4, Maniera Court, Triq Melita, Sliema;
GasanMamo Insurance Limited
By means of this present Malta Public Transport Services (Operations) Limited (C-48875) of Mdina Road, Qormi, solicits you in solidum between you so that within three days from the notification of this judicial letter you pay the sum of €3705.40 representing the damages suffered by the interpellant as a consequence of the road accident that occured on the 10th January 2019 in Aldo Moro, Marsa between the vehilce with registration number BUS 630 property of the interpellant company and driven by Aaron Lia and the vehicle with registration number ACF 475 driven by you Andrew Burberi and insured by GasanMamo Insurance Limited, which accident occured because of your carlessness, lack of skill, negligence and lack of observation of the traffic regulations on part of the respondent Andrew Burberi.
In default that you fail to effect the payments due, the interpellant company warns you that it will proceed against you without further notice.
So much for your own guidance and regulise your position.
With costs and legal interest till the effective payment.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 1649
1649By means of a decree of the 26th January 2020 delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 2517/2019 in the names Regulator for Energy and Water Services vs Richard Buhagiar, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Richard Buhagiar (ID 383750M) of 219, Flat 1, Triq id-Dejqa, Valletta, VLT 1431, on the 26th November 2019, Regulator for Energy and Water Services of Millenia Complex , Level 2, Aldo Moro Road, Marsa, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A and calls upon you so that within ten (10) days you pay the sum of €1,151, which amount is due by you as a final and conclusive liquidation for payment of arrears for licence rights bearing reference SP 516 in the premises 40, Villa Emrose, Triq il-Bufula l-Hamra, Mosta, MST 9011, from the year 2015 till 2019 and for penalties of late payment regarding the same in terms of Chapter 545 of the Laws of Malta and of the subsidiary legislation 545.07.
In default of payment or opposition on your part according to the aforementioned article 466, the applicant Regulator will proceed to issue executive warrants against you according to law.
With costs of this act.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 1650
1650By 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 835/2020 in the names Princess Holdings Limited vs Filep Fileski the following publication was ordered for the purpose of effecting service on the respondent Filep Fileski in terms of Article 187(3) et seq of Cap. 12.
In the Court of Magistrates (Malta)
To Filep Fileski (ID 9001465A) of 22, Twilight Apartments, Flat 6, Triq il-Mulett, San Pawl il-Baħar.
By the present, Princess Holdings Limited (C-72528) of Sharay, Triq il-Fraxxnu, San Ġiljan is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €1,305 (a copy of which bills of exchange is being herein attached and marked as Doc 1) which bills of exchange were issued by the respondent and which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 1st March 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 in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th September 2019 and which sum has to date not been paid;
2. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th October 2019 and which sum has to date not been paid;
3. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th November 2019 and which sum has to date not been paid;
4. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th December 2019 and which sum has to date not been paid;
5. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th January 2020 and which sum has to date not been paid;
6. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th February 2020 and which sum has to date not been paid;
7. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th March 2020 and which sum has to date not been paid;
8. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th April 2020 and which sum has to date not been paid;
9. Bill of exchange in the amount of €145.00 issued by the defendant in favour of the company, which bill of exchange was due on the 28th 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 Chapter 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 1651
1651By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 31st July 2020, Application number 837/2020 by Matthew Micallef, whereby following the application Gaetano Micallef, widower of Gladys Maria Micallef, son of the late Giuseppe Micallef and Rita Micallef nee Zammit, born in Ħamrun on the 7th August 1935 and residing at St Vincent de Paule Hospital and holding identity card number 570935(M) was interdicted from all the acts of the civil life by means of a decree given on the 15th October 2020.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1652
1652By 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 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 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 Vinċenza Court, Triq Giuseppe Cali, 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, Vinċenza Court, Triq Giuseppe Cali, 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 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 Charmaine Galea LLD, Doctor of Laws, Magistrate of the above mentioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 1653
1653By means of a decree given by the Court of Appeal, on the 11th November 2020, by this Court (LM) in the records of the Application of Appeal 430/2009/1, in the names Atlas Insurance PCC LTD, vs Bay Street Holdings Ltd, the following publication was ordered for the purpose of service of the company Euro Hygene Limited, with the application of appeal and the notice of appeal, and the respondent companies Monaco Millions Limited and Atlas Insurance PCC Limited, with the notice of appeal, for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application,filed, in the Court of Appeal, in the names Atlas Insurance PCC Limited, as subrogated in the rights of its insured Monaco Millions Limited and the same Monaco Millions Limited vs Bay Street Holdings Limited and by decree of the 27 th November 2013, there was called into the cause Euro Hygene Limited, on the 4th June 2019, the defendant appellant company Bay Street Holdings Limited respectfully pleaded,
1…….That by means of the original application presented by them the respondent plaintiff companies had asked the Honourable First Court to condemn the appellant companies to pay them the global sum of three thousand seven hundred ninety six Ewro and forty six cents (€ 3,796.46c) out of which € 465.88 is due to the company Monaco Millions Limited as excess representing damages suffered by the applicant as a result of water which seeped into the property of the applicant company Monaco Millions Limited, on two separate occassions for which damages were paid by the applicant company Atlas Insurance PCC Limited, in terms of the insurance policy.
…omissis…
2. That be means of the reply presented by it the defendant company Bay Street Holdings Limited, pleaded the following,
…omissis…
7.That by means of a judgemnent given on the 15th May 2019, the Court of First Instance decided as follows,
1.rejects the further plea of the defendant company,
2. …omissis…
3. …omissis…
4 .consequently uphold limited the plaintiff’s demand in the sense that it condemns the defendant company to pay the plaintiff company Atlas Insurance PCC Limited, the sum of three thousand three hundred thirty Ewro and fifty eight cents( € 3,330.58) with interest from the date of service of the original application of the present procedures to the defendant company,
5.Free the company called into the cause from the plaintiff’s demands saving any right that may be due to the defendant company against the company called into the cause si et quatenus.
Keeping in view all the circumstances of the cause, all the costs of these procedures are to be borne by the defendant company.
8.That the defendant company Bay Street Holdings Limited feels strongly aggrieved by this judgement and is thus filing this humble appeal.
9.That the grievances of the appellant company are clear and manifest as shall herein be explained,
10.That the Honourable Court rejected the first plea and namely that of lack of a juridical relationship between the company Monaco Millions Limited and the defendant company Bay Street Holdings Limited, because it held that ‘ the nature of this cause for the plaintiff company is one of culpa aquiliana’.
…omissis…
12.That the Court of First Instance unbelievably reached the conclusion that the facts above mentioned were not proved because the surveyor did not mention these in his report, as if because the surveyor did not mention them, who was more interested to establish the entity of the damages than other matters, then this is the be-all and end-all and the evidence given by employees of the defendant company who confirmed by their oath that the company called into the cause Euro Hygene Limited, had the keys and exclusive possession of this room was completely avoided for no reason at all.
…omissis…
13.That at the end of the judgement givien the Honourable First Court unbeliev ably observed,
‘At the relevant time the company called into the cause was a contractor of the defendant company.Even if one had to accept for the sake of argument only that the employees of the company called into the cause left the water tape open and consequently caused the damages the teaching of th e Court of Appeal, in the cause Maria Xuereb et vs TBS LTD, decided 20th October 2003, is relevant whereby it was upheld, ‘In this it appears that the appellant defendant company is conscious of the fact that the damage was caused by its contractor and his employees that ‘non puo un vicino esimersi dallo obbligo di rimuovere la cause dei danni che soffrisse l-atro vicino nel proprio fondo quantunque in tale causa concorresse il-fatti di altri’.
14. That this does not do any sense because the teaching in the judgement mentioned is in no way applicable to the present case. Here it is the case of a completely independent operator who is engaged to provided cleaning services and in order to carry out these works he was given the keys and the exclusive possession of a room where to hold pails, brooms, etc. and that his employees negligently left the water tape open and thus the damage was caused. How and by what imagination in view of an action for damages resulting from an actio quuiliana is the appellant company to be held responsible.
15. …omissis…
For these motives the appellant defendant company Bay Street Holdings Limited humbly prays this Honourable Court to revoke the judgement given by the Honourable First Court, on the 15 May 2019, whilst upholding the pleas raised by it, with costs of both instances against the respondent plaintiff companies.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts and whereas the procedures in writing before the Court of Appeal, in the cause between Atlas Insurasnce PCC Limited, as subrogated in the rights of its insured Monaco Millions Limited and the same Monaco Millions Limited vs Bay Street Holdings Limited and by decree of the 27 th November 2013, there was called into the cause Euro Hygene Limited, the Court fixed the hearing of the cause on Wednesdy eleventh (11) of November 2020 at 11.30am and put off to the 13th Janmury 2021, at 9.40 a.m.
Notify: 1. Euro Hygene Ltd, -35, previously 65, St. Francis Street, Floriana.
2. Monaco Millions Limited- 27/28, Triq Torri Wejter, B’kara.
3. Atlas Insurance Ltd-48-40, ta’ Xbiex Sea Front, ta’ Xbiex.
ADV. FRANK PORTELLI,LLD.
For the Registrar, Civil Courts and Tribunals.
Notice 1654
1654By a decree of the 5th October, 2020 given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Chapter 12).
That by the application filed by Atlas Insurance PCC Limited with the registration number C5601 et on the 24th October 2019 is asking for the withdrawal of the amount of one thousand, two hundred and seventeen Euro and twenty seven cent (€1217.27) by Atlas Insurance PCC Limited et deposited by the Schedule of Deposit number 2270/2019 in the names of:
Atlas Insurance PCC Limited C5601 kif surrogata fid-drittijiet tal-assigurat tagħha Joseph Mifsud, sija bil-polza u sija bil-liġi, u l-istess Joseph Mifsud vs Edward Caruana Soler
The Court ordered the notification of this application with three (3) days for filing a reply.
GAETANA AQUILINA
For Registrar of Courts and Civil Tribunals
Notice 1655
1655By means of a decree given, by the Court of Appeal, in the records of the Application in the names Vladyslsava Kravchenko et vs Kevin Micallef et, Application Number 409/18, the following publication was ordered for the purpose of service of the respondent Stephen Balzan, as liqiuidator and in representation of the company Sonlit Limited (C 15135) in terms of Article 187(3) et sequitur of Cap 12.
By means of an Application, filed, in the Court of Appeal, Appeal Number 966/2009, Following the Precautionary Garnishee Order Number 1908/18, issued by Honourable First Hall Civil Court, on the 26th November 2018, in the names Vladyslava Kravchenko (Passport Number PO 153323) and her mother Tetyana Gordiyenko (26415A) vs Kevin Micallef (ID 481868M) Alan Bugeja (ID 224980M) Local Council Saint Paul’s Bay, Maurice Attard (ID 479064M) and Stephen Balzan (ID 263970M) as liquidator and in representation of the company Sonlit Limited (C 15135) on the 4th December 2018, the applicant Local Council Saint Paul’s Bay, respectfully pleaded,
That this is an application for the revocation of a precautionary garnishee order in terms of Art 836 of Cap 12,
That the interpellant Local Council was notified with the warrant in the names above premised which warrant was issued in order to secure the sum of € 463,465.57 which sum was liquidated by way of damages in the judgement of the Honourable First Hall Civil Court of the 12 th December 2017, in the names above premised,
…omissis…
That the interpellant Local council submits that there exist the elements required by law so that the warrant in the names above premised be revoked and this in terms of the provisions of Art 836(1) (a) and (f) of Cap 12.
That the interpellant in the first place submits that this application for the revocation of the warrant is being presented before this Honourable Court of Appeal, because the credit which is being secured with the warrant that is being attacked forms the merit of the cause pending before this Honourable Court,
That so much being premised the interpellant shall pass to make his submissions as required by Art 836(2) of Cap 12 as stated;
‘Regarding the fact that the precautionary warrant was issued by a Court which was not competent and thus is no longer in force’.
That it is a fundamental principle of law that accessoriumn non ducit seq sequitur suum pricipale and the precautionary warrants are a perfect example of an accessory to a judicial action, the law by means of Art 829 of Cap 12 provides thus regarding the effect of precautionary acts;
…omissis…
That in the present cause there is no defintive decision but there is a judgement given by the Court of First Instance. Once an Appeal has been filed from this judgement , this dispute falls under the jurisdiction of this Honourable Court and thus any request for the issuing of the precautionary warrant had to be made to this Honourable Court.
…omissis…
That jurisprudence teaches us that in procedures similar to the present ones under Art 836 of Cap. 12, the examination that the Court has to make is prima facie.
That it is reasonable to state that so that this Honouyrable Court decides this request on the basis of prima facie, what it has to consider primarily is if the interpellant Local Council is trustworthy enough in order to pay in case of eventual condemnation.
That the interpellant is a body of public administration set up by a special law or rather the Local Councils Act (Kap 363) and in the terms of the Constitution is acknowledged as ‘local government’.
…omissis…
That in this context it is clear that the interpellant’s circumstances are such that they do not give rise to any reasonable doubt and the liquidity of the interpellant local council regarding its financial ability to pay the applicant’s demands in case of eventual condemnation.
…omissis…
Thus in view of the above the interpellant company respectfully prays this Honourable Court;
i) In view of the nature of the case give the opportune provisions by urgency and order the shortening of the terms of Art 107 of Cap 12;
ii)By application of the provisions of Art 836(1) (a) and/or (f) of Cap 12, revoke and cancel the precautionary garnishee order number 1908/18,in the names mentioned in the application, limitedly in so far as they affect the interpellant Local Council;
and uphold the other demands in the application amongst which the application against the execution creditors the penalties contemplated in Art 836 (8) of Cap. 12.
and this under those provisions that this Honourable Court deems fit and opportune.
With costs.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on the 3rd November 2020 and whereas the procedures in writing in the cause before the Court of Appeal betwen Vladyslava Kravchenko and her mother Tetyana Gordiyenko vs Kevin Micallef, Alan Bugeja , Kunsill Lokali San Pawl il-Baħar, Maurice Attard and Stephen Balzan, as liquidator and in representation of the company Sonlit Limited, the Court, fixed the hearing of the cause on Monday twenty third (23) of November 2020, at 8.40am and put off to the 18th January 2021, at 8.30am.
Interpellant: Local Council Saint Paul’s Bay,
Triq San Pawl, Saint Paul’s Bay.
Notify: Stephen Balzan, as liquidator and in representation of the company
Sonlit Limited (C 15135) Vaults 13-16, Valletta Waterfront, Floriana.
Stephen Balzan, as liquidator and in representation of the company Sonlit Limited (C 15135) ,Pjazza San’ Antnin, Binja Kordin, BlK A,Raħal Ġdid.
ADV. FRANK PORTELLI LLD.
For the Registrar,Civil Courts and Tribunals.
Notice 1656
1656NOTICE BY THE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Michelle Mangion (ID 336684 M) filed an application under oath (No. 209/20 AL) demanding CORRECTIONS of the ACT OF BIRTH of the minor Aiken Mangion number 440/2018 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,
RITA VELLA BALDACCHINO
For Registrar, Civil Courts and Tribunals
Notice 1657
1657IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 9th of December 2020 (Decree number: 83/2020BS following application number 27/2020(BS) Mary Buttigieg known as Assunta Buttigieg, unemployed, daughter of the late Paul Buttigieg and Rose nee’ Camilleri, born in Qala, Gozo and is currently residing in the long stay ward at Gozo General Hospital, holder of identity card number: 56446(G) has been confirmed INCAPACITATED from all acts of civil life.
Lawyer Doctor Daniel Calleja, son of John Calleja and Mary sive Miriam nee’ Cordina born and residing in Victroria Gozo, holder of identity card number 40489(G), has been nominated as her curator, by virtue of the said decree.
Voluntary Jurisdiction
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
Notice 1658
1658By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 28th September 2020, Application number 1200/2020 by Christian Vella, whereby Silvio Vella, son of Carmelo Vella and Carmela nee Cassar, born in Zabbar on the 26th September 1956 and holding identity card number 0659756(M) was INCAPACITATED with effect from the 1st January 2020, by means of a decree given on the 30th November 2020 under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals
Bann for Curators
1659Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 9th December 2020 the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.
Whereas by a decree dated the 9th December 2020 in the Schedule of deposit and redemption of lease number 367/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Coronato Vella, holder of identity card number 30656G versus deputy curators to represent the unknown persons who are the owners of the direct domain of seventy cents (€ 0.70c) imposed on the premises number ninety (90), Triq it-Tiġrija, Xaghra, Gozo, filed on the 25th November 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:
That he is the owner of tenement number ninety and ninety-one (90, 91), Triq it-Tiġrija, Xagħra, which contains three (3) doors to this street, and another door to Triq Vestru, shown better the plan herewith annexed and marked document A;
That he inherited this property from Dr. Paul Robert Henrickson, who died on the first (1) of April 2020 and regulated his succession by virtue of a will in the records of Notary Josianne Mifsud of 28 of March 2012 by which he left the exponent as his universal heir. Henrickson himself had purchased this property by virtue of a contract in the records of Notary Michael Refalo of 2 November 2000 where this property is described as being subject to an annual lease and a perpetual allowance of thirty Maltese cents (Lm0.30c) but there is no further information on the same ground rent;
That the applicant wishes, in terms of article 1501 of the Civil Code, to redeem this ground rent, equivalent to seventy euro cents (€ 0.70c), which capitalized at the rate of five percent (5%) amounts to fourteen euros (€ 14);
That, moreover, in order to absolve himself of all responsibility, the applicant is also paying all the arrears of rent due on this fund with effect from the acquisition by Dr. Henricksen, amounting to fourteen euros (€ 14 ) other;
Accordingly the applicant is depositing under the authority of this Honorable Court the total sum of twenty eight euros (€ 28) redemption and arrears of groundrent due as aforesaid, which sum may 'be freely withdrawn by the person entitled to it after the relative receipt has been issued.
You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.
You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr. Brigitte Sultana LL.D., LL.M. (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.
Superior Jurisdiction, General Section
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
Notice 1660
1660By decree given by the Civil Court, First Hall on the 08th October, 2020, on the application of HSBC Bank Malta plc (C3177), Tuesday, 19th January, 2021 at half past ten in the morning (10:30 a.m.), has been fixed for the Sale by Auction, to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.
Apartment internally marked numbered two (2), situated on the second floor, forming part of a block of apartments named Redentur Flats, in Triq Salvu Busuttil, San Gwann, bounded on the North by the same road, on the East by the stairwell of the same block and in part by property of the successors in title of John Gracey, on the West by property of the successors in title of John Gracey and half undivided share of the stairwell that leads to the said apartment together with his half undivided share of the roof, subject to annual and perpetual ground rent of ninety-three euro cents (€0.93) each year as described in the public contract in the acts of Notary George Bonello Dupuis dated eighteen (18)th September one thousand nine hundred and eighty five (1985) valued at one hundred ninety five thousand euro (€195,000).
Temporary utile dominium of the terraced house, officially numbered sixty-eight (68) built on a portion divided of land plot number four hundred and thirty-nine (439) in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of one hundred and twenty-one euro and thirteen-euro cent (€121.13) per year. The ground rent ending the twenty-fifth year period from the sixth (6th) March, one thousand, nine hundred and eighty eight (1988) is revisible every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated seventeen (17th) November, one thousand nine hundred and ninety nine (1999), by which the said property was acquired from the Housing Authority, valued at seven hundred, twenty eight thousand euro and eight hundred and seventy five euro (€728,875).
The said tenement is the property of Curmi Martin (ID 559564M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2018.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals