Court Notices published in Govt. Gazette No. 20,702 of 20th September 2021

By means of a decree of the 11th May, 2021, of the Civil Court First Hall in the records of judicial letter number 1916/2020, in the names Dr Simon Micallef Stafrace et vs Adrian Mangion et, the following publication was ordered for the purpose of effecting service on the respondent Warren Falzon in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Adrian Mangion

Warren Falzon (ID 0554883M) of Oceanus, Blokk B, Flat 69, Triq it-Tamar, St Paul's Bay

  Michael Cardona

  Lucienne Cardona

By the present Dr Simon Micallef Stafrace and PL Nadine Farrugia by means of a decree dated 3rd February, 2020, were nominated deputy curators to represent the deceased Ronald Galea, accountant, son of Romeo Galea and Mary née Vella, born in Marsaskala on the 21st October, 1948, and with the last known address 33, Waterloo PL, Richmond Victoria 3121, Australia, Australian passport number M6806799 and Income Tax number 887226405 makes reference to your judicial letter number 5036/19 dated 19th December, 2019.

The applicants are unknown to the facts and thus they are reserving their rights to file a reply in case and if they know the facts.

Saving the right to any further replies

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th June, 2021, in the records of the judicial letter number 3756/2020, in the names Emanuel Abela et vs Massimo Abela, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Massimo Abela (ID 258377M) of Jet de Mee, Triq il-Wied, Ħal Qormi

By means of this present, Emanuel Abela (ID 895849M), Raymond Abela (ID 582863M), Joe Abela (ID 256256M), Jane Ciantar (ID 174255M), Mary Camenzuli (ID 574858M), Angelo Abela (ID 728448M), Paul Abela (ID 107267M), Romina Vella (ID 536984M), Paul Abela (ID 261986M), Beverly Abela (ID 341289M), Christian Abela (ID 441090M), Gertrude Canalis (ID 249779M), Joslyn Sammut (ID 4769780M), Rachel Buhagiar (ID 28383M) and Silvio Abela (ID 134185M) of c/o 83, Triq Kola Xara, Rabat, Malta, makes reference to the divisible portion of land known as Ta' Bejtiet il-Fenek found in the limits of Buskett, limits of Ħad-Dingli, which property is leased to the Abela family.

The interpellants informed me that although the land was duly divided by means of an agreement dated 9th February, 2010, and everyone was assigned his portion, including Carmelo Abela, of whom you are his heir, you still are using that part of land which does not belong to you, that is primarily the land that is assigned to the interpellants that is found at the rear of the part assigned to Raymond Abela and adjacent to that of the heirs of Anthony and Rose Abela.

The interpellants informed me also that you applied for a building permit on the said land, and also on common parts of all the owners, that is the common part that is found in front of the piece of land assigned to your late father, which application has reference number PA05166/20. This notice of application was not affixed for everyone to see and thus in a malicious way you deprived the interpellants from the opportunity to make their submissions to the Authority such that all of this can be brought to its attention.

That in view that this application includes development of parts of the property that absolutely does not belong to you, and you made false declarations to the Planning Authority that you are the owner of all the land, you are being requested presently to amend or stop this application so that it does not include development on property that does not belong to you.

And also, the use without permission is causing damage to Raymond Abela, the property that is bounded with that used by you without permission.

Thus, you are being requested to clean the said part you are using, evict the animals or any other objects immediately from it and stop from using it.

If you fail to abide, the respondent will have no alternative but to proceed against you according to law and to safeguard their interests.

So much so that you know how to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Bertha Bone (ID 45958M) filed an application (No. 635/2021JVC) demanding the correction of the act of marriage number 3023/1975 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By means of a decree of the 6th July, 2021, of the Rural Leases Control Board, in the records of the Application in the names Ludgardo sive Richard Zammit et, Application Number 10/2021SG, the following publication was ordered for the purpose of effecting service on the respondent Loreto sive Lolly Gatt 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 Ludgardo sive Richard Zammit (ID 658259M) Mary Grace James (ID 134567M) in her own name of on behalf of Carmelo sive Charles Zammit (ID 75864M) who lives in England and Vincenza Barbara (ID 14936M) vs Loreto sive Lolly Gatt (ID 1072548M) filed before Rural Leases Control Board on the 7th May, 2021, the applicants Ludgardo sive Richard Zammit et submitted with respect:

That the applicants are the owners of the fields known as Tal-Wahar in the limits of Gudja marked A on the plan attached (Doc. A) measuring about 5500msq.

By means of a judgment in the First Hall of the Civil Court dated 24th March, 1995, in the names Rita Zammit and Grazia Barbara (unmarried sisters Barbara) vs Carmelo Barbara the Court it was decided that the fields in question had to be divided in three portions of Lm2700 each, which judgment is being attached as Doc. B.

The fields were duly divided between the siblings Barbara, that is Rita Zammit, Grazia Barbara and Carmelo Barbara and thus the applicants had one third dividend share. Today the land belongs all to the applicants.

By means of deed of donation dated 15th November, 2000, Grazia Barbara gave by means of donation to Rita Zammit (mother of the three applicants), her divided portion of field Tal-Wahar in the limits of Gudja, measuring 1114.59sqm and another portion measuring 833sqm which contract is being attached as Doc. C. This led Rita Zammit to become the owner of two thirds (2/3) divided share of the field of Tal-Wahar. This portion was inherited by Ludgardo sive Richard Zammit (ID 658259M), Mary Grace James (ID 134567M) in her own name and Carmelo sive Charles Zammit (ID 7584M). The other one third that belonged to Carmelo Barbara was inherited by the applicant Vincenza Barbara.

This field is being leased to the respondent at the rent of €9.32 (LM4) per year, payable every 15th August.

Recently, it resulted to the applicant that there were reasons under Article 4 of Cap. 199 of the Laws of Malta for the applicants to regain possession of the land on the expiry of the next deadline on the 15th August, 2021, because part of the field was not worked in the manner provided by Article 4(2)(d) and the respondent has unauthorised structures on this property which structures were also flooded without permeission of the owners, as appears from the attached photographs as Doc. D.

It is the humble opinion of the applicants that this Honourable Board should authorise the resumption of the possession of the premises in favour of the applicants by the next renewal and this for the reasons above mentioned or any of them.

The respondents therefore states why, this Honourable Board should not, in anticipation of any statement or order deemed necessary:

1. Declars that the reasons provided for in Article 4(2) of Cap. 199 of the Laws of Malta exist, in particular those in sub-articles (c), (d) and/or (f) which justify the refusal to renew the lease;

2. Authorises the applicants not to renew the lease, and to resume possession of the land known as Tal-Wahar within the limits of Gudja, covering an area of 2,229.18sqm, leased to the respondents by the next renewal, or of the renewal date following the judgement of the Board, or on any other date which the Board considers it should fix, if necessary by granting a short and peremptory term for the respondent to vacate;

3. Give any necessary orders and/or directions depending on the circumstances of the case.

Applicants: Il-Herża, Triq Ħal Resqun, Gudja

Notification respondent: 19, L-Għan Tagħna, Triq Pietro Gagliardi, Gudja

The application in the names Ludgardo sive Richard Zammit et vs Loreto sive Lolly Gatt,Application number 10/2021SG, has been postponed to be heard on the 5th October, 2021, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of 16th July 2021, the publication of the following banns which appears hereunder was ordered for the purpose of service in terms of Article 809 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 the application of Go plc it was ordered that Deputy Curators be chosen to represent the respondent company Selecti International Ltd in the notice number 313/2020JG and in all other relative and subsequent acts were the applicant company demanded:

That this Tribunial condemns the respondent company to pay the applicant company Selecti International Ltd (C67529) the amount of €4581.23 in connection with services in account number 40591459.

Solicited to pay, the respondent company remained in default and thus this law suit had to be made against the respondent company who is from now summoned so that a reference to their oath be made.

With costs and fees, including those in connection with the judicial letter number 1432/16 and with commercial interests according to law.

The case (Claim number 313/2020JG) is to be heard before Adjudicator Dr Joseph Gatt on the 19th October, 2021, at 12.00 p.m.

Notification: Selecti International Ltd (C67529), 5, Majestic Court, Triq Santa Marija, Mellieħa

Notification: 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 Tribunal 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 Tribunal.

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Joseph Gatt, LLD, Doctor of Laws, Adjudicator of the above mentioned Tribunal.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Notice, Registry of tThe Civil Court, First Hall

Whereas Kurt Hall (ID 564292M) filed an application (No. 635/2021JVC) demanding the correction of the act of marriage number 123/2021 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,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Nibe Marketing Limited (C46812) of Sub 003X, San Ġwann Industrial Estate, San Ġwann filed a claim on the 27th January, 2021, whereby they asked the Court to condemn Taca Insaat Ve Ticaret A.S. (OC 1225) of 31, Regent House, Triq Bisazza, Tas-Sliema, to pay the plaintiff company the sum of €8,592.48, which amount is due to the plaintiff company.

With costs and legal interests

The case (Application number 18/2021LC) is deferred to the 6th October, 2021, at 10.25 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Advocate Dr Malcolm Mifsud (ID 405168M) for and on behalf of TF Bank AB, bank registered under the Finnish laws with Finnish registration number 2594352-3 of Keskuskatu 6 B 00100 Helsinki, Finland, filed a claim on the 12th February, 2021, whereby they asked the Court to condemn Jonas Karl Gustav Hyvarinen of 19, Triq Patri Marjanu Vella, Fl 1, Mrabat Flats, MT-SLM, Tas-Sliema, to pay the plaintiff nomine the sum of €6,600, which amount is due to the plaintiff nomine.

With costs and legal interests

The case (Notice number 37/2021LC) is put off to the 6th October, 2021, at 10.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Administrative Review Tribunal of the 1st July, 2021, in the acts of the proceedings in the names Johan Tanti vs Director General (Value Added Tax) Application number 70/14VG, the publication and affixing of the decisory part of the judgment handed down on the 13th April 2021, was ordered for the purpose of effecting service in terms of Article 187(3) Cap. 12 of the Laws of Malta, such as to serve as Service on Johan Tanti in terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta.

For these reasons the Tribunal determines and decides by accepting the preliminary defence of the Commissioner for Revenue in terms of Article 48(5) of Cap. 406 of the Laws of Malta and declares that during the hearing of these proceedings the applicant cannot submit the documentation requested by means of Notices dated 28th August, 2013, and 14th October, 2013, and which were not submitted by him to the Tax Compliance Unit at the investigation stage.

The tribunal consequently orders the continuation of these proceedings.

Reserves to decide on the costs of this instance in the decision on the merits.

In terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta, the Tribunal orders that a copy of this judgment be notified to the applicant.

The case (Application number 70/14VG) in the names Johan Tanti vs Director General (Value Added Tax) is being postponed for hearing for the 26th October, 2021, at 1.00 p.m.

Notification: Johan Tanti, 37, Tulip, Triq Spinola, San Ġiljan

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th August, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Right Properties Limited (C69124) of 150, Floor 3, Triq Salvu Psaila, Birkirkara filed a claim on the 15th April, 2021, whereby they asked the Court to condemn Jon Denis (ID 68994A) and Pauline Mandy (ID 149396M) spouses Tschirley of Eureka Mansions, Block D, Flat 16, New Street in Triq Andrew Cunningham, Qawra, St Paul's Bay, to authorise the release in favour of the applicant company of the deposit of €10,000.00 deposited in the registry of the Honourable First Hall of the Civil Court by Notary Kristel-Elena Chircop in virtue of the Schedule of Deposit 972/2020 due to your frivolous objection to the release of the aforementioned deposit paid by the applicant and held by the said Notary as agreed and convened in virtue of the sale-purchase Deed published in the records of the said Notary on the 12th December, 2018, trough which the applicant sold onto yourselves who purchased the apartment consisting of a penthouse internally marked 16, previously PF 04, forming part of a larger building without an official number and known as Block D and named Eureka Mansions in a new unnamed street in Triq Andrew Cunningham, Qawra, St Paul's Bay which deposit had been paid by the applicant as a guarantee in your favour for the completion of the works in the aforementioned tenement sold in virtue of the cited deed which by the date of the said deed were still pending completion of the works however had been definitely completed by the applicant and thus the deposit held by the Notary had to be reverted unto the applicant, and settle the balance which has been deducted from the sum of €10,000.00 due to the costs relative to the said Schedule.

With costs to be borne by yourselves, including those relative to the Judicial Letter 2359/2020 and interest to accrue from the date of service of this Notice until payment is effected.

The case (Application number 92/2021LC) is deferred to the 6th October, 2021, at 10.35 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals