Court Notices published in Govt. Gazette No. 20,602 of 6th April 2021

By means of a decree given by the First Hall Civil Court, on the 13th October 2020, in the records of the Sworn Application, in the names Joseph Borg et vs Allin One Turnkey Services Limited, Application number 94/19 AF, the following publication was ordered for the purpose of service of the respondent company Allin One Turnkey Services Limited (C74480) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, presented, in the First Hall Civil Court, in the names Joseph (ID 334262M) and Josephine (ID 322762M) spouses Borg vs Allin One Turnkey Services Limited (C74480) on the 31st January, 2019, the applicant Joseph Borg et asked this Honourable Court,

1. to declare and decide that the respondent company failed to abide with the conditions of the agreement between the parties when it abandoned the works it was appointed to carry out in the premises Flat number five, 5, 'Remissa Mansions', Triq Mensija, San Ġiljan, and declare that the respondent company is a debtor of the applicants in the amount of twenty-five thousand nine hundred forty- five euro and fifteen cents (€25,945.15) or more correct sum liquidated by this Honourable Court, as stated in the application and uphold the other demands in the application amongst which the liquidation and payment of damages.

With costs and legal interests till the date of effective payment against the respondent company from now summoned so that a reference to its evidence be made.

The Sworn Application in the names Joseph Borg et vs Allin One Turnkey Services Limited (C74480) has been deferred for hearing to the 21st April, 2021, at 12.00 p.m.

Notify: Company Alin One Turnkey Services Limited,

    M4, Lourdes Lane, Triq Gian Nikola, San Ġwann

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 13th October, 2020, in the records of the Sworn Application in the names Manwel John Pace et vs Alin One Turnkey Services Limited, the following publication was ordered for the purpose of service of the company Allin One Turnkey Services Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, i the First Hall Civil Court in the names Manwel John Pace (ID 343198M) and Raymond (ID 367961M) and Rita (ID 312063M) spouses Camilleri, Joseph (ID 334362M) and Josephine (ID 322762M) spouses Borg, Carmen Borg (ID 455969M) Julian (ID 439078M) and Stephania (ID 234880M) spouses Borg vs Allin One Turnkey Services Limited (C74480) on the 31st January, 2019, the applicants Manwel Pace et asked this Honourable Court,

1. to declare and decide that the respondent company failed to abide with the conditions of the agreement between the parties when it abandoned the works it had been appointed to carry out for the applicant in the common parts of the block 'Remissa Mansions', Triq Mesija, San Ġiljan, declare that the respondent company is a debtor of the applicant in the amount of twenty-six thousand two hundred ninety-five euro and twenty cents (€26,295.28) as stated in the application and uphold the other demands in the application amongst which the liquidation and payment of damages.

With costs and legal interest till the date of effective payment against the respondent company from now summoned so that a reference to its evidence be made.

The Sworn Application in the name Manwel John Pace vs Allin One Turnkey Services Limited (C74480) has been deferred for hearing to the21st April, 2021, at 12.00 p.m.

Notify: Comnpany: Allin One Turnkey Services Limited,

M4, Lourdes Lane, Triq Gian Nikola, San Ġwann

Registy of the Superior Courts, today 5th April, 2021

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 24th February, 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).

Sabrina Wingfield (ID 47486M) of Crescent Court C, Flat 9, Triq Annetto Caruana, San Pawl il-Baħar, filed a Claim on the 20th November, 2020, whereby she asked the Court to condemn Christopher Borg (ID 248873M) of 16E, Triq il-Mosta, San Pawl il-Baħar, to pay the plaintiff the sum of €8,507.61, which amount is due to the plaintiff.

With costs and legal interests

The case (Application number 233/2020RM) is postponed for hearing for the 12th April, 2021, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 28th May, 2019, following a request by Silvio Mizzi et it was ordered that deputy curators be chosen to represent unknown emphyteutae in the acts of the schedule of deposit number 982/2019 in the names Silvio Mizzi et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court, in the names Silvio Mizzi, son of Joseph and Antonia née Tanti, born in Marsa and residing in Hamrun (ID 217152M) and his wife Josephine Mizzi daughter of Carmelo Vella and Valenta née Gauci born and residing in Ħamrun (ID 845850M) vs deputy curators to represent the unknown emphyteutae, on the 27th May, 2019, whereby the applicants Silvio (ID 217152M) and his wife Josephine (ID 845840M) spouses Mizzi respectfully submitted:

That by means of a deed of the 29th December, 1994, in the records of Notary Sandro Schembri Adami the applicants acquired the premises by means of perpetual emphyteusis, today known as 171, Triq Birghella, Ħamrun, subject to the annual and perpetual groundrent of Lm2 equivalent to €4.66 payable to the respondent.

The applicants wish to avail themselves of the option given to them to redeem this perpetual groundrent in terms of article 1501 of Cap. 16 of the Laws of Malta (Civil Code).

That the amount of €4.66 capitalised at the rate of 5% as stipulated by the same law amounts to €93.20.

Thus, the applicants humbly request this Honourable Court and under its authority they deposit the amount of €93.20 to redeem the same groundrent so that it will be freely given to the respondents after leaving the relative receipts.

Applicants: 171, Triq Birghella, Ħamrun

Notification: Director Public Registry, Valletta

Lands Registry,West Street, Valletta

Deputy Curators

You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th of March, 2021, given on an application of Antonella Cassar, filed on the 8th of February, 2021, in the records of decree number 371/2021 wherein it was ordered the publication of the inventory of the estate of the late Anna Sultana (ID 0112156M) spinster, daughter of the late Emmanuel Sultana and the late Cettina née Cutajar, born at Marsaskala, Malta, and died at Marsaskala, Malta, on the 16th of July, 2020, aged 64 years.

This publication is going to be held on Tuesday, 27th of April, 2021, at four (4.00 p.m.) at Manifk, Triq Sant'Anna, Marsaskala, under the ministry of Notary Dr Ruben Casingena.

Carmen Scicluna

For the Registrar, Civil Court and Tribunals

By a Decree of the 1st April, 2021, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Grace Debattista (ID 902551M) on the 26th March 2021 the approval of the said judicial acts is being demanded for the amount of €48,259 following judicial sale by auction 11/18 in the names Grace Debattista et vs Maria Lia et held under the Authority of the said Court on the 23rd March, 2021.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree given on 12th January, 2021, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By an application filed in the Civil Court, First Hall on the 10th September 2020 by Fulani Properties Limited with the registration number C345553 in the judicial sales file number 9/20 in the names Fulani Properties Limited vs Geoffrey Montebello et, asking respectfully:

On the 20th July, 2020, Geoffrey Montebello and Ruth Montebello filed a reply following the decree given by this Honourable Court on the 6th July, 2020. In that reply they submitted the witness transcripts of the company auditor Robert Magri in the proceedings in front of this Court as differently presided in the names HSBC Bank plc vs Jefpet Limited (19/2018) on 29th October, 2019.

It follows from that evidence that:

a) That the audited accounts for the year 2012 are ready but not submitted to the Registrar of Companies;

b) That the auditor drafted the accounts, and all was left was a letter issued by the Bank due the fact that the respondent Montebello directors of Jefpet didn't have bank statements;

c) From the year 2013 onwards, the non-trading company neither acquired nor sold property. The company has only one property – the Jerma, and in respect there is a land valuation done in the year 2016.

After this reply, the applicant society had seen the file of the regarding procedures. It turns out that on the 13th February, the witness Robert Magri continued his evidence and filed the management accounts of Jefpet Limited for the years 2013, 2014, 2015, 2016, 2017 and 2018 (i.e. till the financial year ending in December 2018). He also filed the architect valuation of Jerma land, the witness transcript as well as the documents as Doc. RM1 are annexed to this application and marked as Doc. FLN 1. At that hearing the witness confirmed that:

a) The company is non trading and has not been in business since 2012. The company has only the Jerma land and there is no other purchase property on the books;

b) In the relevant years of the management accounts were done – i.e. until 2018, there was no any inflow of money or income into the banks.

The applicant society humbly submits that on the basis of that evidence, the management accounts, the land valuation (the sole assets that have the Jefpet) and the other documentation filed by the witness, there is enough information for the expert auditor appointed by this Honourable Court to do his report and valuation of the shares of the respondents Montebello. The valuation may be done on the basis of draft management accounts as the auditor testified are completed except the bank letter to be issued by HSBC. That even in this case due the fact that the company is non-trading this letter can have little impact on the accounts. As was not in their interest, Montebello didn't inform the Court that in those proceedings a number of documents filed which could help the accountant to do his valuation which the Court is asking. Of course, after years of violating their legal and contractual obligations and not paying the debt due to the applicant society and doing their utmost to evade their obligations, the respondents Montebello decided to continue in the same issue and be a hindrance in this auction.

The applicant company humbly submits that it is unfair to use these manoeuvres by the respondents Montebello (who are shareholders in the Jefpet company) continue to evade their legal obligations, not paying their debt, debt that without prejudice for the applicant society had never been paid and this Court should not allow this manoeuvre succeeds.

It is also said that although the applicant company understands that it is the procedure of this Honourable Court to appoint an expert to do a valuation report, strictly, in terms of laws, there is no obligation when a sale of movable goods a valuation is necessary. Therefore, the sale by auction procedure should not be stopped for this reason.

For all these reasons, the applicant company asks that this Honourable Court take the appropriate measures so that this sale by auction is no longer held or if this Honourable Court is of the opinion that it is still necessary a valuation of the company shares, the applicant company asks the Court to order the expert Edward Borg to do the shares valuation on basis of the documents annexed to this application, so there is no further delays of this sale by auction.

The Court ordered notification to Jefpet's Directors with four days to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, by this Court (JVC) on the 9th December, 2020, in the records of the Sworn Application, in the names Emanuel Bezzina et vs Jaguar Constructions Ltd (C88313) and Jonathan Sant the following publication was ordered for the purpose of service of he defendants Jaguar Constructions Ltd and Jonathan Sant. This Sworn Application herein mentioned was deferred for hearing from the 18th March, 2021. This publication is being made in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn pplication, filed, in the Civil Court First Hall, in the names Emanuel Bezzina (ID 77155M) and Rita Bezzina (ID 478861M) vs 1) Jaguar Constructions Ltd C 88131, Jaguar Garage, Vjal il-Ħaddiem, Rabat; and 2) Jonathan Sant, on the 11th November, 2020, the applicant Emanuel Bezzina (ID 77155M) and Rita Bezzina (ID 478861M) asked this Hopnourable Court,

1. To decide this cause in terms of Article 167(1) (b) of Cap 12 of the Laws of Malta and order the eviction of the respondents from garage number 87, Triq San Martin, Ħaż-Żebbuġ, as stated in the application.

With costs against the respondents who are summoned so that a reference to their evidence be made.

The Sworn Application in the names Emanuel Bezzina et vs Jaguar Constructions Limited et, Application number 1056/20 JVC, has been peen deferred for hearing to the 27th April, 2021, at 9.00 a.m.

Notify: 1) Jaguar Constructions Ltd, Jaguar Garage, Vjal il-Ħaddiem, Rabat

2) Jonathan Sant, El Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 16th February, 2021, in the records of the Application of Appeal, in the names Licari Estates Limited vs Mohnani Kischinchand et, Application number 1262/08/1, the following publication was ordered for the purpose of service of the respondents Kischinchand Mohnani, Sheila Kischinchand Mohnani and Caroline Mohnani Greco,in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on the 3rd February, 2021, and whereas the proceedings in writing in the cause before the Court of Appeal, between Licari Estates Limited vs Kischinchand Mohnani and Sheila wife of the same Kischinchand Mohnani and Caroline Mohnani Greco, who by decree of the 21st January, 2009, was apointed curator ad litem to represent Christine Varma, legally divorced from Sunil Varma,absent from these Islands, the Court, fixed the hearing of this cause on Tuesday sixteenth (16) of February, 2021, at 8.50 a.m. and deferred to the 13th April, 2021, at 8.30 a.m.

Notify: 1) Kischinchand Mohgnani, 30, Hallet Court, Flat 10, Triq Hughes Hallet, Tas-Sliema

2) Sheila Kischinchand Mohnani, 30, Hallet Copurt, Flat 10, Triq Hughes Hallet, Tas-Sliema.

3) Caroline Mohnani Greco, Town Square Apartment, Flat 106, ix-Xatt ta' Qui-si-Sana, Tas-Sliema

Adv. Frank Portelli, LLD

For the Reġistrar, Civil Courts and Tribunals