Court Notices published in Govt. Gazette No. 20,588 of 12th March 2021

By means of a decree, given by the Civil Court First Hall, by this Court (GM) on the 27th October, 2020, in the records of the Sworn Application, in the names Pullicin Conbricks Limited vs Stronghold Construction Limited, Sworn Application Number 913/20 GM, the following publication was ordered for the purpose of service of the defendant company Stronghold Construction Ltd (C88607) in terms of Article 187 (3) et. seq of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Pullicin Conbricks Limited (C91893) of Pullicino Yard, Sqaq iż-Żiemel, Ħandaq Indsutrial Estate, Ħal Qormi, QRM, 4003, vs Stronghold Construction Ltd (C88607) of 3, Advance Business Centre, Triq Ġużè Flores, Santa Venera, on the 12th October, 2020, the applicant Pullicin Conbricks Limited (C91893) asked this Honourable Court,

1. To dispense with the hearing of the cause in terms of Article 167-170 of the Code of Organisation and Civil Procedure, condemn the defendant company to pay the plaintiffs the sum of twenty three thousand four hundred and seventeen euro and fifty seven cents (€23417.57) representing price of sale of concrete and bricks and stock as well as other services mentioned in the application.

With costs and interest as demanded in the application against the defendant company summoned so that a reference to its evidence be made.

The Sworn Application in the names Pullicin Conbricks Limited vs Stronghold Construction Limited, Application number 913/20 GM, has been put off for hearing to the 15th March, 2021, at 9.10am.

Notify Defendant Company: Stronghold Construction Limited, 3, Advance

Business Centre, Triq Ġużè Flores, Santa Venera

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 3rd February, 2021, in the records of the Sworn Application, in the names Rudolph Cassar et vs Brian Azzopardi, Sworn Application number 611/20 JVC, the following publication was ordered for the purpose of service of the defendant Brian Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Rudolph Cassar (ID 0016673M) and his wife Karen Cassar Ruggier (ID 0166975M) vs Brian Azzopardi (ID 338273M) on the 23rd July, 2020, the applicant Rudolph Cassar and Karen Cassar Ruggier (ID 0016673M) and (ID 0166975M) respectively asked this Honourable Court,

1. To declare that the respondent is the author of a spoliation as he deprived the applicants from their possession against their will as he installed or appointed or employed some persons to install scaffolding or other equipment in the property that the applicants possess and uphold the other demands in the application amongst which that the respondent reintegrate the applicants in the enjoyment of the possession of the property mentioned in the application, by ordering him to remove the scaffolding and other equipment within a short and peremptory period that shall be fixed by this Honourable Court.

Saving any other action including that for damages due to the applicant, with costs against the respondent from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Rudolph Cassar et vs Brian Azzopadi, Application number 611/20 JVC, has been put off for hearing to the 30th March, 2021, at 9.10 a.m.

Notify Defendant: Chateau de Reve, Triq San Pawl Kuntent, Rabat

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th October, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1917/2020 in the names Princess Holdings Limited vs Dragan Bozic the following publication was ordered for the purpose of effecting service on the respondent Dragan Bozic in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Dragan Bozic (ID 0189659A) of 52, Grazzja Crt, Fl 2, Triq ċensu Tanti, St Paul's Bay

By the present, Princess Holdings Limited (C72528) of Sharay, Triq il-Fraxxnu, San Ġiljan, makes reference to the bills of exchange signed and accepted by you numbered 22, 23 and 24 a copy of which is attached with this judicial letter, and because these bills of exchange had to be paid on the 31st March, 2020, 30th April, 2020, 31st May, 2020, 30th June, 2020, 31st July, 2020, and 31st August, 2020, but remained unpaid although time passed and although you were solicited several times; solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €1200 representing the amount due in terms of the said bills of exchange, which bills of exchange were signed by you and remained unpaid.

The respondent company warns you that if you fail to abide with the above mentioned it will proceed with the execution of the said bills of exchange in terms of article 253(e) of Chapter 12 of the Laws of Malta.

For all the purposes and effects of law, you are warned that in terms of Article 253(e) of Chapter 12 of the Laws of Malta you have the right so that within twenty (20) days from the date of notification of this judicial letter you file an application to oppose such execution of the said bills of exchange because of the reason that the signature on the bills of exchange is not yours or because of grave and valid reasons.

So much so you may know how to proceed and regulate yourself.

With costs including of this present against you and with legal interest from the date of expire of each bill of exchange till the date of effective payment.

This judicial letter is being sent to render the said bills of exchange executable in terms of Article 256(2) of Chapter 12 of the Laws of Malta.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 19th January, 2021, following a request by Jason Axisa et it was ordered that deputy curators be chosen to represent Carmelo Pace or his successors in title in the acts of the schedule of deposit number 65/2021 in the names Jason Axisa et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Jason Axisa (ID 354170M) self-employed, son of the late Carmel Axisa and Mary Grace née Magro, born in Attard and residing in Ħal Sagħtrija; Beverley Baldacchino (ID 107683M), social assistant clerk, married to Sandro Baldacchino, daughter of the late Carmel Axisa and Mary Grace née Magro, born in Tal-Pietà, Malta, and residing in Żurrieq (ID 107683M); and Janelle Cassar (ID 209279M) teacher, wife of Gordon Jack Cassar, daughter of the late Carmel Axisa and Mary Grace née Magro, born in Tal-Pietà and residing in Fgura (ID 209279M), siblings as heirs of their father Carmel Magro and their mother Mary Grace née Magro vs deputy curators to represent the successors in title of Carmelo Pace and who has the directus dominus of the perpetual emphetuesis of the developable land in Ħaż-Żabbar, in a new road without name that buts on Carmel Street, which land is of superficial measurement of about 276mk as better described hereunder, on the 14th January 2021 the applicants Jason Axisa (ID 354170M); Beverley Baldacchino (ID 107683M) and Janelle Cassar (ID 209279M) respectfully submitted:

That the deceased Carmelo Pace, by means of a contract in the records of Notary Oscar Azzopardi dated 5th December 1935, attached and marked as Document A, had granted by title of perpetual emphyteusis a developable land in Ħaż-Żabbar, in the limites of tal-Biċċieni (the original emphyteusis);

That by means of a contract of sale published in the records of Notary Dr Joseph Agius dated 8th November, 1979 (the contract) attached and marked as Document B, Carmel Axisa, father of the applicants siblings Axisa, during the marriage with his wife Mary Grace Axisa née Magro, acquired from Easysell Limited the following property which forms part of the original emphyteusis:

The piece of developable land at Ħaż-Żabbar in a new unnamed street which abuts into another unnamed new street which abuts onto Carmel Street, which land has a surface area of about 276 sqm and is bounded on the East by the first mentioned new street in part and partly with the estate of Easysell Limited, from the south with the vendor nomine property in part and in part with a new road without name or more precise boundaries as subject to an annual rate of perpetual groundrent of two liri free and unencumbered from any other burdens, rights or appurtenances. The said land is marked as plot number 14 in a plan attached to a contract in the records of Notary Doctor Joseph Agius dated 22nd August, 1978 (the Property);

That on the 28th January, 2014, the mother of the applicant Maria Grazia Axisa née Magro died and by virtue of her last will in the deeds of the Notary Dr Joseph Lia dated 21st January, 2013, she nominated her husband Carmel Axisa, now deceased, as her universal heir. The declaration causa mortis of Maria Grazia Axisa née Magro was published in the records of Notary Joseph Lia on the 8th July, 2014. Subsequently, Carmel Axisa died on the 18th July, 2016. By means of his last will in the records of Notary Doctor Joseph Lia dated 21st January, 2013, Carmel Axisa had nominated his wife as his universal heir, but with the right of substitution in favour of his children, siblings Axisa in case of his wife dies. Since his wife died before him, the above mentioned Property devolved on the siblings Axisa. The declaration causa mortis to Carmel Axisa was published in the acts of Notary Jean Paul Farrugia dated 15th March, 2017;

That instead of this property nowadays the Docile Block and Odeon Block are built which are situated on the corner with Triq il-Lembija and Triq Alessio Erardi, and the two blocks have a separate entrance accessible from Triq Alessio Erardi, with the two other maisonettes having a separate entrance accessible from Triq Alessio Errardi and another maisonette with an entrance from Triq il-Lembija and an entrance to the semi-basement garages from Triq il-Lembija;

That the property of a surface area of approximately 276sqm which is the subject of redemption of this groundrent is part of a larger piece of land free from any groundrent, property of the applicants of about 6,489sqm, which land is shown in red on the plan of the Land Registry dated 18th September, 2016, attached and marked as Document C;

That the directus dominus or the successors in title are unknown and will therefore be represented in the acts of this schedule of deposit by the deputy curators.

That the annual and perpetual groundrent of Lm2 today €4.66 is the groundrent due for the property consisting of a piece of developable land in Ħaż-Żabbar, in a new unnamed street which leads to another new unnamed street which leads to Carmel Street, which land has a surface area of about 276sqm and is bounded on the East by the said new street in part and in part on the property of Easysell Limited, on the South by property of the vendor nomine and on the North by property of the seller nomine in part and in part with an unnamed new road, or more precise boundaries.

That the applicants wish to avail themselves of the option given to them in the relative provisions of Maltese Law and in particular article 1501 of the Civil Code Chapter 16 of the Laws of Malta and while referring to the above contract, they wish to redeem this annual and perpetual groundrent of €4.66 due to the successors in title of Carmelo Pace or successors in title to the property consisting of a piece of developable land in Ħaż-Żabbar of a surface area of 276sqm in an unnamed new road leading to another unnamed new road leading to Carmel Street, which land on it and is bounded on the East by the first mentioned new road in part and in part with Easysell Limited property, from the South with property of the seller nomine and from the North with property of the seller nomine partly and partly a new unnamed street or more precise boundaries;

That the groundrent of €4.66 capitalised at the rate of 5% according to the above provisions amounts to the sum of €93.20 for the redemption of the annual and perpetual groundrent of the property consisting of a piece of developable land in Ħaż-Żabbar of the surface area of about 27sqm;

That in addition, the applicants are depositing the sum of €23.30 representing 5 years groundrent arrears.

That in addition the applicants are depositing the sum of €4.66 representing the laudemium.

Thus, the applicants in view of the above and to exempt themselves from any responsibility, are humbly calling upon this Honourable Court and under its authority are depositing the amount of €93.20 representing the price for the redemption of groundrent regarding the developable land in Żabbar of surface area of about 276sqm, together with the amount of €23.30 representing 5 years groundrent arrears and the amount of €4.66 representing the laudemium so that it will be freely withdrawn by whom has the right to it after leaving the relative receipt according to law.

Applicants: i) Jason Axisa, Ħal Sagħtrija, Block C, Flat 2, Triq is-Sagħtrija, Żebbuġ, Gozo

ii) Beverley Baldacchino, Numru 8, Flat 1, Vjal l-Indipendenza, Żurrieq

iii) Janelle Cassar, Numru 29, Triq il-Karmelitani, Fgura

Notification: Director Public Registry, Triq il-Merkanti, Valletta

Deputy Curators, 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 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 Joseph Zammit McKeon, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

DKR 14/2017 – Variation of a Freezing Order

It is being notified that by a decree dated 23rd February, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature  (Magistrate Dr Neville Camilleri, LLD) following an application filed by Ivan John Xuereb on the 11th February, 2021, Compilation number 36/2017, in the case in the names:

The Police

(Inspector Kevin Pulis)

Versus

Ivan (John) Xuereb, 52 years, son of John and Virginia née' Zammit, born in Birkirkara, Malta, on the 18th March 1968, residing at Coral Court, Flat 10, Triq San Ġorġ, St Paul's Bay, Malta, and holder of Maltese identity card bearing number 145868M.

The Court Authorized the accused Ivan (John) Xuereb to scrap his vehicle of make BMW318i with registration number DBQ346 and that he will receive the sum of €2,856.00.

This variation is made in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and of Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order dated 22nd January, 2017 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr. Neville Camilleri, LLD) and published in the Government Gazette of the 27th January, 2017 where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Ivan (John) Xuereb.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)