Court Notices published in Govt. Gazette No. 20,727 of 29 October 2021

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction, on the twentieth (20th) of October of the year two thousand and twenty one (2021) (Application number 110/2021BS) by Mary Grech in her name and on behalf of her siblings Paul Vella and Joe Vella, which opening of succession of Joseph Vella, widow of Josephine Vella née Attard, father of applicants Mary, Paul and Joe siblings Vella, was retired, son of the late Paul Vella and Kate née Debrincat, born in Xewkija Gozo and used to reside in Xewkija, Gozo, died in Victoria, Gozo, on the eighth (8) of August of the year two thousand and twenty (2020), intestate, that Joseph Vella had three children who are applicants and that therefore his heritance was superseded by his three (3) children as to one third (1/3) undivided share between them and this in terms of Article 809 of Cap. 16 of the Laws of Malta. This is because his wife died before him, that is on the eleventh (11) of June 2019, which opening of succession of Joseph Vella is to be made in favour of Mary Grech as to one third (1/3) undivided share; in favour of Paul Vella as to one third (1/3) undivided share and in favour of Joe Vella as to one third (1/3) undivided share.

Wherefore, any person who considers 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.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Carmen Stafrace (ID 56159M) filed an application (No. 953/2021JVC) demanding the Correction of the Act of Marriage number 104/1984 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

Notice, Registry of the Civil Court, First Hall

Whereas Dr Carina Nagiah noe filed an application under oath (No. 957/21/JVC) demanding the Correction of the Act of Public Registry of Josephine Vella number 3866/1958 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 15th October 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).

Michael Attard Imports Limited (C 34433) of National Road, Blata l-Bajda filed a claim on the 27th May 2021, whereby the plaintiff company asked the Court to condemn Keith Micallef (ID 478679M) of 36, Triq il-Marina, Tal-Pietà, to pay the plaintiff company the sum of €12,009.42 which amount is due to the plaintiff company.

With costs and interests

The case (Notice number 142/2021VGA) is deferred to the 1st November, 2021, at 10.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th September, 2021, of the Rent Regulation Board, in the records of the Application in the names Robert Sciberras et vs Dorothy Vella, Application Number 408/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Dorothy Vella 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 Robert and Patricia spouses Sciberras and Maria and Oliver spouses Aquilina vs Dorothy Vella filed in the Rent Regulation Board, on the 29th July, 2021, the applicants Robert and Patricia spouses Sciberras (ID 110466M and 19966G respectively) and Maria and Oliver spouses Aqulina (ID 322650M and 83052M respectively) requested this Honourable Board to find why it should not:

1. Order that the means test of the respondent Vella, be carried according to the Rules of the Continuation Tenancies (Means Testing Criteria) any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020.

2. Declare and decide that in terms of Cap. 69, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises 30, Iris, Triq P. P. Mifsud, Ħamrun, Malta, from the 1st January 2021 and to establish new conditions regarding the lease and in default, if the respondent does not satisfy the criteria of the income and capital of the means test the applicant will be permitted to resume the possession of the premises within a period of not more than two years, and during which they will have the right to request the increase in rent from that presently payable.

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

Applicants: Robert and Patricia spouses Sciberras – 43, Triq il-Qronfol, Xewkija, Għawdex.

Maria and Oliver spouses Aquilina, Dar il-Ħlewwa, Triq Hannibal, Ħ'Attard

Respondent: Dorothy Vella, 30, Iris Triq P. P. Mifsud, Ħamrun

The application in the names Robert Sciberras et vs Dorothy Vella, Application number 408/2021LC, has been postponed for hearing to the 5th November, 2021, at 9.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th September 2021 of the Rent Regulation Board, in the records of the Application in the names Doreen Camilleri vs Rita Borg et, Application number 392/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Rita Borg 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 Doreen Camilleri (ID 259562M) vs Rita Borg (ID 626551M) and Housing Authority filed in the Rent Regulation Board, on the 28th July, 2021, the applicant Doreen Camilleri requested this Honourable Board to find why it should not:

1. Declare and decide that the respondent is the lessee of the premises number 68, Triq Mensija, St Julian's, and qualifies as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021 and thus she in entitled to continue to occupy the residential house in terms of the same article;

2. Order that the means test of the respondent be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020;

3. Declare and decide that in accordance with Act No XXIV of 2021, the rent shall be revised to an amount not exceeding 2% of the free and unencumbered open market value of the premises de quo and to establish new conditions regarding the lease;

4. Order that in the event that the respondent does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June, 2021;

5. After hearing the parties summarily, orders the payment of the increase in the amount of rent during the hearing of this application and this under those conditions that the same Board establishes.

With costs against the respondent

Applicants: Doreen Camilleri, 25, Triq il-Karmnu, Tas-Sliema

Respondent: Rita Borg, 68, Triq il-Mensija, St Julian's

Housing Authority

The application in the names Doreen Camilleri vs Rita Borg et, Application Number 392/2021LC has been postponed for hearing to the 5th November, 2021, at 10.00a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th September, 2021, of the Rent Regulation Board, in the records of the Application in the names Theresa Chetcuti et vs Rita Abela et, Application number 413/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Rita Abela 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 Theresa Chetcuti widow of Carmelo (ID 28033M), Maria Pisani Bencini wife of Geoffrey (ID 84657M), Patricia widow of Henry Moran (ID 496658M), Sylvana Bonello wife of Adrian (ID 297460M), Joanna Sant Fournier wife of Julian (ID 118663M) and Theresa Buhagiar wife of Edwin (ID 241069M) vs Rita Abela (ID 207648M) and Housing Authority filed in the Rent Regulation Board, on the 30th July 2021, the applicants theresa Chetcuti widow of Carmelo (ID 28033M) et requested this Honourable Board why it should not:

1. Order that the means test of the respondent Rita Abela (ID 207648M) in terms of Act XXIV of 2021, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December 2020 and on the capital of the lessee on the 31st December 2020 and which means test has to be carried out with particular reference, inter alia to the regulations 4 and 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

2. Declare and decide that in accordance with Act No XXIV of 2021, the rent of the premises 56, St Mary Street, Cospicua, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

3. Order an increase in the amount of rent during the proceedings of this application, in terms of Article 4A(6) of Cap. 69 of the Laws of Malta;

4. Order and condemns the respondent Rita Abela (ID 207648M) start paying the said increased rent in terms of Act XXIV of 2021 with immediate effect from the date of the filing of this application;

5. Orders that in the event that the respondent Rita Abela (ID 207648M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action that may eventually be filed.

Applicants: Carmen, Triq Hookham Frere, Gwardamanġa

Respondent: Rita Abela (ID 207648M), 56, St Mary Street, Cospicua

Housing Authority

The application in the names Theresa Chetcuti et vs Rita Abela et, Application number 413/2021LC, has been postponed for hearing to the 5th November, 2021, at 9.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 5th October, 2021, in the records of the Application in the names Kristina Polidano vs Alex Polidano, Application number 112/18 AL, the following publication was ordered for the purpose of service of the respondent Alex Polidano, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, presented in the Civil Court (Family Section) in the names Kristina Polidano (ID 0165579M) vs Alex Polidano (ID 0207371M) on the 18th March 2021, the applicant Kristina Polidano respectfully pleaded:

1. That the two children of the parties … omissis … and … omissis … who today are thirteen and nine years respectively live with the mother;

2. That it is stated that due to trawma which their father passed them through by his behaviour the two children passed through great anxiety;

3. That it is to be stated that during the proceedings this Honourable Court even appointed Carmen Sammut to follow the daughter … omissis … due to her behaviour;

4. That during these last months the interpellant mother has noted that the behaviour of the daughter … omissis … is becoming aggressive and violent;

… omissis …

6. That this behaviour of the daughter is of serious concern to the mother;

… omissis …

8. That the only solution that the father came out with is that the minor … omissis … go and live with him, according to him the minor does not need any help because with him she acts normally.

Thus, and in view of the above the interpellant humbly prays this Honourable Court,

1. To appoint a psychologist so that with immediate effect it starts to follow the daughter … omissis …, appoints the social workers of the Agency Appoġġ to follow the daughter … omissis …, order the minor … omissis … to reside with the father, order that the mother should have free access to her daughter and give the reasonable provisions in the circumstances.

Civil Court (Family Section)

App. 112/18 AL

Kristina Polidano

vs

Alex Polidano

The Court,

Having seen the application of Kristina Polidano of the 18th March, 2021,

Orders that the respondent be notified with five (5)working days to file a reply.

Notify Defendant; Penmarrie, Old Railway Road, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunal

By a decree of the Small Claims Tribunal of the 12th January, 2021, the publication of the following extract was ordered for the purpose of service on the respondent John Falzon in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Cose Casa Ltd (C 15933) of Three Churches Street, Ħal Balzan, filed a Claim on the 15th December 2020, whereby they asked the Tribunal to condemn John Falzon (ID 227071M) of 57, Tomijim, Flat 2, Triq Patri Ġużepp Calleja, San Pawl il-Baħar, to pay the plaintiff company the sum of €4,531.52, which amount is due to the plaintiff company.

With costs and interest

The case (Claim number 324/2020KCX) is deferred on the 10th November, 2021, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 23rd September, 2021, in the records of the Application in the names Sergey Pavlovic Bogomazov vs Desmond Massa, Application number 784/21 NC, the following publication was ordered for the purpose of service of the respondent Desmond Massa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Sergey Pavlovich Bogmazov (ID 0023662A) vs Desmond Massa (ID 174772M) on the 6th August 2021, the applicant Sergey Pavlovich Bogomazov (ID 002366A) for the reasons premised in the application asked this Honourable Court,

1. To declare and decide if necessary with the assistance of the appointment of architects that with the construction undertaken and made by the defendant including new additional floors on the block of apartments mentioned in the application, the defendant deprived the plaintiff of his right to use the higher roof of the block in question , as it existed at the time when the plaintiff acquired the same property in the block, as premised in the application and uphold the demands in the application amongst which the liquidation of damages and payment of the same.

With costs, as demanded in the application against the defendant who is from now summoned so that a reference to his oath be made.

The Application in the names Sergey Pavlovic Bogomazov vs Desmond Massa, Application number 784/21 NC, has been deferred for hearing to the 4th November, 2021, at 10.15 a.m.

 Notify Defendant: Beach Grove Court, Block B, Flat 5, Triq il-Port Ruman, Qawra, St Paul's Bay

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 26th October, 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 decree given by the Civil Court, First Hall on 24th August, 2021, on the application of Maria Muscat (ID 110530M), Thursday, 18th November, 2021, at noon (12.00 p.m.), has been fixed for the sale by auction, to be held in Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement with two doors numbered thirty one (31) and thirty three (33) in tletin Triq San Bastjan, Ħal Qormi, with direct access from the street valued at two hundred and eighty five thousand euro (€285,000).

The said tenement is the property of Bastjan Muscat (ID 935449M), John Muscat (ID 974548M), Maria Grazzia Borg (ID 840154M) and the absent Joseph Muscat and by decree of the 6th October, 2004, had been nominated Dr Vincent Galea and PL Veronica Rossignaud as curators.

N.B. The said tenement will be sold as described in the acts of judicial sales number 21/2020.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals