Court Notices published in Govt. Gazette No. 20,731 of 9th November 2021
Notice 1654
1654ARB/C082/2021 – SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 1st November, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Marse-Ann Farrugia, LLD). Compilation Number 225/2020, in the case:
The Police
(Inspector Rennie Stivala)
(Inspector Bernard Bunce)
Versus
NORMAN XUEREB, unemployed, 50 years, son of the late Anthony and Mary née Schembri, born in Tal-Pietà, Malta on the 26th February, 1971, residing at 281, Triq F. S. Caruana, Birkirkara, Malta, and holder of Maltese identity card bearing number 135971M.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to NORMAN XUEREB and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to NORMAN XUEREB and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable through Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.
Any person who acts in contravention of the Court order mentioned in Article 36, Article 5 and Article 23A (2) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
Acting Director, Asset Recovery Bureau
Notice 1655
1655By means of a decree of the 4th October, 2021, of the Rent Regulation Board, in the records of the Application in the names Vincent Spiteri vs Gemma Zarb et, Application number 437/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Gemma Zarb 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 Vincent Spiteri (ID 560046M) vs Gemma Zarb (ID 91453M) and Housing Authority filed in the Rent Regulation Board, on the 4th August, 2021, the applicant Vincent Spiteri requested this Honourable Board to find why it should not:
1. Order that the means test of the respondent Zarb be carried out and this in terms of Article 12B of Cap. 158 of the Laws of Malta which test shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) 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 of the year which precedes the year in which the proceeding have commenced and on the capital of the lesse on the 31st December of the said year and it has to be with particular reference, inter alia, to regulations 4 till 8 of the Rules of the Continuation Tenancies (Criteria of the Means Test) that has to be applied mutatis mutandis;
2. Declare and decide that in terms of the dispositions introduced with Act No XXIV of 2018, as emended by Act 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 149, Peach, Triq Balbi, Marsa, 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 respondent will be permitted two years to vacate the premises, besides that she pays a compensation payable to the applicant for the occupation of the premises during the said period that has to be determined by the said Honourable Board.
With costs against the respondent who is from now summoned so that a reference to her oath be made .
Applicant: 145, Triq il-Balbi, Marsa
respondent: 149, Peach, Triq il-Balbi, Marsa
Housing Authority
The application in the names Vincent Spiteri vs Gemma Zarb et, Application Number 437/2021LC has been postponed for hearing to the 15th November, 2021, at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1656
1656By a decree of the Small Claims Tribunal of the 12th Marzu, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
Notary Dr Tizian Maria Refalo (ID 288685M) of 4, Museum Road, Rabat, Malta, filed a Claim on the 9th March 2021, whereby she asked the Tribunal to condemn Moses Kiberu (ID 109091A) of 14, Naluani, Flat 2, Triq il-Bronja, Mellieħa, MLH05, to pay the plaintiff the sum of €5000, which amount is due to the plaintiff.
With costs and interests
The case (Claim number 84/2021SFJ) is deferred on the 16th November, 2021, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1657
1657By means of a decree of the 24th September, 2021, of the Rent Regulation Board, in the records of the Application in the names J.E.M. Investments Ltd et vs Antida Bugeja et, Application number 136/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Antida Bugeja 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 J.E.M. Investments Ltd (C6861) and Winifred wife of Paul Farrugia (Maltese Passport number 529612) vs Antida Bugeja (ID 628639M) and Housing Authority filed in the Rent Regulation Board, on the 31st May, 2021, the applicants J.E.M. Investments Ltd (C6861) et requested this Honourable Board to find why it should not:
1. Declare and decide that the respondent Antida Bugeja (ID 628639M) is the lessee of the premises number 120, Triq Sammat, Paola, in terms of Cap. 158 of the Laws of Malta.
2. Order that the means test of the respondent Bugeja be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1531F and 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 same respondent Bugeja on the 31st December, 2020;
3. Declare and decide that in accordance with Act No XXIV of 2018, the rent shall be revised to an amount not exceeding 2% of the free and unencumbered open market value of the premises 120, Triq Sammat, Paola, and to establish new conditions regarding the lease and in default if the respondent Bugeja does not satisfy the criteria of the income and capital of the means test the respondent will be permitted five years to vacate the premises, besides that she pays a compensation payable to the applicants for the occupation of the premises during the said period that amount to double the rent which would have been payable according to Article 12 and 12A of Cap. 158 of the Laws of Malta and this according to the rent which had to be due in terms of Act X of 2019 that cannot be considered less than the annual rent due on the 1st January 2019;
4. Order that in the event that the respondent Bugeja does not meet the criteria of income and capital of the means test, the eviction of the same respondent Bugeja from the premises 120, Triq Sammat, Paola,within a short and peremptory time established by this Board after five years so that the premises will be vacated.
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 sometimes be brought.
Applicants: Summerbreeze Apartments, Flat 2, Triq l-Imħar, Qawra
Respondent: 120, Triq Sammat, Paola
Housing Authority
The application in the names J.E.M. Investments Ltd et vs Antida Bugeja et , Application number 136/2021NB, has been postponed for hearing to the 15th November, 2021, at 9.20 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1658
1658By means of a decree of the 4th October, 2021, of the Rent Regulation Board, in the records of the Application in the names Anthony Ellul vs Josephine Ellul, Application number 372/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Josephine Ellul 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 Anthony Ellul (ID 425463M) vs Josephine Ellul (ID 75256M) filed in the Rent Regulation Board, on the 22nd July 2021, the applicant Anthony Ellul (ID 425463M) requested this Honourable Board to find why it should not:
1. Declare and decide that the respondent Josephine ellul is the lessee of the apartment number 3, in block number 2, Triq Vilhena, Floriana, and the garage number 1, in Triq Vilhena, Floriana, in terms of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;
2. Order that the means test of the respondent Josephine Ellul be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them;
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 apartment number 3 in block 2, Triq Vilhena, Floriana, and the garage number 1 in Triq Vilhena, Floriana, on the 1st January, 2021, and to establish new conditions regarding the lease;
4. Order and condemn the respondent Josephine Ellul to start paying such rent as increased in terms of Act XXIV of 2021 and with effect from the date of filing of the present application;
5. Order that in the event that the respondent Josephine Ellul does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises will be permitted within two years so that the premises will be vacant, and for the respondent to pay a compensation to the applicant for the period during which she continues occupying the premises in the amount that is determined by this Board.
With costs against the respondent who is from now summoned so that a reference to her oath be made and reserving any other action that may sometimes be brought including that of Constitutional nature.
Applicant: 9, Triq Vilhena, Floriana
Respondent: Flat 3, Blk 2, Triq Vilhena, Floriana
Housing Authority
The application in the names Anthony Ellul vs Josephine Ellul, Application number 372/2021LC, has been postponed for hearing to the 15th November, 2021, at 10.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1659
1659By means of a decree of the 2nd of November, 2021, given on an application of Fondazzjoni Nazareth,(VO/0336) filed on the 14th of October, 2021, in the records of application number 1723/2021 wherein it was ordered the publication of the inventory of the estate of the late Mary sive Maria Ellul (ID 0220826M) spinster, daughter of the late Amatore Ellul and Rosaria née Schembri born at Ħal Tarxien, Malta, and died at New York, United States of America on the 5th of July, 2020, aged 94 years.
This publication is going to be held on Monday, 17th of Jannar, 2022, at ten (10.00 a.m.) at Superior Courts, Second Floor (near Chamber of Advocates), under the ministry of Notary Dr David Borg.
Melissa Galea
For the Registrar Civil Court and Tribunals
Notice 1660
1660It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 28th October, 2021, and this after a written plea numbered 871/2021, Ordered:
The correction in the Act of Marriage of Rona Opena Borg bearing the number 360 of the year 2016 whereby in the relative column instead of the words:
'Rona O.' the words 'Rona Babayo' are inserted as well as for the sake of uniformity and correctness, orders that the Act of Birth of Rona Opena Borg bearing the number 3821 of the year 2021 be corrected with the name 'Rona Opena' shall be replaced by the name 'Rona Babayo'.
Court of Revision of Notarial Acts
Maria Ruth Ciantar
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1661
1661It 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 112/2021BS), Mary Grech pro et noe et requested the opening of the succession of Josephine Vella, pensioner, daughter of the late Joseph Attard and Josephine née Curmi, born in Victoria, Gozo, on the nineteenth (19) of March ninteen forty two (1942), used to reside in Xewkija, Gozo, died in Victoria, Gozo, on the eleventh (11) of June of the year two thousand and nineteen (2019), intestate, that since Josephine Vella was married and had children, her succession was superseded as to on half undivided share in favour of her husband Joseph Vella and as to the other one half undivided share by her three(3) children Mary, Paul and Joe siblings Vella as to equal undivided shares between them. This in terms of article 808(1) of Cap. 16 of the Laws of Malta. That the husband of Josephine Vella, that is, Joseph Vella, died after his wife, and that is he died on the eighth (8) of August of the year two thousand and twenty (2020). It results that Joseph Vella also died intestate and this according to the results of the public and secret testamentary research. Therefore and since today Joseph Vella is also deceased, the undivided half of Josephine Vella's inheritance, was superseded by her three (3) children as to one third (1/3) undivided share each, which opening of succession of Josephine Vella née Attard is to be made in favour of Mary Grech as to one third (1/3) undivided share; Paul Vella as to one third (1/3) undivided share and 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.
Dorianne Cordina
For the Registrar, Gozo Courts and Tribunals
Notice 1662
1662By means of a decree of the 11th October, 2021, of the Rent Regulation Board, in the records of the Application in the names Francis Spiteri vs Michael Mifsud et, Application number 182/2021JD, the following publication was ordered for the purpose of effecting service on the respondents Michael Mifsud and Maria Lilian sive Lilian Mifsud 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 Francis Spiteri (ID 481449M) vs Michael Mifsud (ID 343248M) and Maria Lilian sive Lilian Mifsud (ID20646G) and Housing Authority filed in the Rent Regulation Board, on the 15th June, 2021, the applicant Francis Spiteri (ID 481449M) requested this Honourable Board to find why it should not:
1. Declare and decide that the respondents are the lessees of the premises number 9. St Francis, Fl. 3, Triq Santa Rita, Birżebbuġa, and qualify as the lessees 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 they are entitled to continue to occupy the residential house in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;
2. Order that the means test of the respondents be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessees between 1st January and 31st December, 2020, and on the capital of the lessees 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 9, St Francis, Fl. 3, Triq Santa Rita, Birżebbuġa, and to establish new conditions regarding the lease;
4. Order that in the event that the respondents Michael Mifsud (ID 343248M) and Maria Lilian sive Lilian Mifsud (ID 20646G) do not meet the criteria of income and capital of the means test, the eviction of the same respondents 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 respondents who are from now summoned so that a reference to their oath be made and without prejudice to any other action that may sometimes be brought.
Applicants: Francis Spiteri (ID 481449M), 76, Merħba Bik, Triq Santa Katarina, Żejtun
respondents: Michael Mifsud (ID 343248M), and Maria Lilian sive Lilian Mifsud (ID 20646G), 9, St Francis, Fl. 3, Triq Santa Rita, Birżebbuġa
Housing Authority
The application in the names Francis Spiteri vs Michael Mifsud et, Application Number 182/2021JD has been postponed for hearing to the 15th November, 2021, at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1663
1663By means of a decree of the 30th September, 2021, of the Rent Regulation Board, in the records of the Application in the names Maria Ileana Curmi vs Alexander sive Sandro Ciantar, Application number 331/2021CG, the following publication was ordered for the purpose of effecting service on the respondent Alexander sive Sandro Ciantar 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 Maria Ileana Curmi (ID 627833M) vs Alexander sive Sandro Ciantar (ID 47570M) filed in the Rent Regulation Board, on the 15th July, 2021, the applicant Maria Ileana Curmi request with respect:
That the applicant rents to the respondent the residential premises number 65, Triq San Ġwann, Valletta, for the present rent of €217.00 per year that is paid in advance on the 1st January which rent began long before the 1st June 1995;
That in terms of Article 4B et sequitur of Cap. 69 as emended by means of Act XXIV of the year 2021, the rent with effect from 1st June, 2021, could be revised to an amount not exceeding 2% of the free and unencumbered open market value on the 1st January of this year.
Thus the applicant request with respect that this Board:
1. Fix the rent based on the criteria of Article 4A of Cap. 69 and this with effect from the 1st June 2021;
2. Or alternatively and in the event the respondent does not meet the criteria of the means test, orders the eviction in terms of Article 4A(4) Cap. 69 within two (2) years and fix the compensation for the compensation that has to be paid to the applicant for the occupation till the date of eviction.
With costs
Applicant: Simblija Care Home, Room 213, Triq il-Forġa, Naxxar
Respondent: 65, Triq San Ġwann, Valletta
Housing Authority
The application in the names Maria Ileana Curmi vs Alexander sive Sandro Ciantar, Application number 331/2021CG, has been postponed for hearing to the 25th November, 2021, at 9.20 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1664
1664By means of a decree of the 11th August, 2021, of the Rent Regulation Board, in the records of the Application in the names Moira Cutajar et vs Paul Camilleri et, Application number 131/2021CG, the following publication was ordered for the purpose of effecting service on the respondent Sandro Degabriele 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 Moira Cutajar (ID 336975M), Josianne Farrugia (ID 208180M) and Jane Micallef (ID 800146M) vs Paul Camilleri (ID 50382M) and Sandro Degabriele (ID 168979M) filed before the Rent Regulation Board, on the 28th May, 2021, the applicant Moira Cutajar et requested that:
By means of a lease agreement with effect from the 2nd April, 2020, the applicants leased to the respondents in solidum between them the shop that was named Corrida Bar today named Vandor Snack Bar in Triq il-Ġerrejja, Marsa, for the rent of €30 a day and this under the terms and conditions stipulated in the same contract;
That the respondents closed the shop and it has been closed for three months and apart this till March 2021 they were in default of payment of the rent and till that time they had to pay the amount of €2,250. Today the arrears increased;
That by means of a judicial letter dated 22nd March, 2021 (587/2021) that was duly notified to the respondents, the applicants solicited the respondent to pay the amount of €2,250 representing the rent arrears for one month and fifteen days that passed from the day that the said judicial letter was filed;
That the respondents remained in default and did not pay anything and the arrears continued to increase and together with the amount of €2,250 mentioned above the amount of €1,980 was due (66 days with €30 per day from the 23rd March, 2021 till the 27th May, 2021;
As stipulated in the lease agreement in case the respondents fail to pay the rent punctually and remain in default till one week from the day they are solicited, the applicants have the right to terminate the lease ipso juro and ipos facto and take back the possession of the same;
Thus for the effects and purposes of law and of the case, the respondents have no valid defence to bring forward;
All this is being confirmed on oath by the applicants by means of an affidavit here attached.
Thus, the respondent request this Board why it should not:
1. Decide these requests without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;
2. Declares the lease terminated for the reasons premised;
3. Orders the eviction of the respondents from the said premises within a short and perentory time fixed to them;
4. Condemns the respondent to pay in solidum between them the said arrears of rent amounting to €4,230.
With costs including those of the judicial letter 587/2021 of the 22nd March, 2021, against the respondents and reserving any further action according to law, and the respondents are from now summoned so that a reference to their oath be made.
Applicants: Hard to Beat, Sqaq il-Ġerrejja, Marsa
Respondent: Paul Camilleri
Sandro Degabriele, 30, Triq il-Gvernatur William Reed, Ħad-Dingli
The application in the names Moira Cutajar et vs Paul Camilleri et, Application number 131/2021CG, has been postponed for hearing to the 25th November, 2021, at 10.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1665
1665By a decree of the Small Claims Tribunal of the 4th June, 2021, the publication of the following extract was ordered for the purpose of service on the respondent company Valletta Freight Services (Shipping) Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Argus Insurance Company (Europe) Limited (OC1216) of Suite 5, Floor 1, Tower Business Centre, Tower Street, Swatar, Birkirkara BKR 4013, and George Cassar Woodworks (P Comm 68) of 86 Shalom, Triq il-Gradilja, Ħ'Attard, filed a Claim on the 24th March 2021, whereby they asked the Tribunal to condemn Valletta Freight Services (Shipping) Ltd (C20446) of Pinto House, 95, 99, 103, Xatt l-Għassara tal-Għeneb, Marsa MRS 1912, to pay the plaintiff company the sum of €1,910.83 which amount is due to the plaintiff company.
With costs and interest
The case (Claim number 94/2021LC) is deferred on the 17th November, 2021, at 12.20 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1666
1666By a decree of the Small Claims Tribunal 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).
Elmo Insurance Limited (C3500) of Triq Abate Rigord, Ta' Xbiex, filed a Claim on the 9th August, 2021, whereby they asked the Tribunal to condemn Pierre Ciantar (ID 257074M) of Grandsite, Block B, Flat 33, Triq it-Tamar, San Pawl il-Baħar, to pay the plaintiff company the sum of €1,343.68, which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 235/2021SFJ) is deferred on the 22nd November, 2021, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1667
1667By a decree of the Small Claims Tribunal of the 24th June, 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).
Anthony Azzopardi (ID 419957M) and Charles Azzopardi (ID 205854M) carrying on trade under the name of Azzopardi Fisheries of Triq il-Mosta, St Paul's Bay, filed a Claim on the 21st June 2021, whereby they asked the Tribunal to condemn Hush Ltd (C59457) of Portomaso Business Tower, Portomaso, St Julians, to pay the plaintiffs the sum of €3375, which amount is due to the plaintiffs.
With costs and interests
The case (Claim number 176/2021LC) is deferred on the 24th November, 2021, at 12.05 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1668
1668By a decree of the Small Claims Tribunal of the 15th 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).
Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 11th February, 2021, whereby they asked the Tribunal to condemn Grifa Mohamed B. S. (ID 119240A) of 46, Villa Michaela, Flat 1, Triq il-Miżura, Swieqi, to pay the plaintiff company the sum of €2472.20, which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 44/2021KCX) is deferred on the 19th November, 2021, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1669
1669By a decree of the Small Claims Tribunal of the 24th June, 2021, the publication of the following extract was ordered for the purpose of service on the respondents Nikolay Kolev Raychev and Stefka Barbarova in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Advocate Dr Louis Bianchi (ID 27347M) in his own name and for and on behalf of his sisters Madleine Aquilina and Veronica Rossignaud of La Vigna, Triq il-Fortizza tal-Mosta, Naxxar, NXR 2301, filed a Claim on the 15th June 2021, whereby they asked the Tribunal to condemn Nikolay Kolev Raychev (ID 38521A) and Stefka Bardarova (ID 69402A) of 14/4, Triq il-Marina, Tal-Pietà, to pay the plaintiffs the sum of €2, 400, which amount is due to the plaintiffs.
With costs and interest
The case (Claim number 166/2021LC) is deferred on the 17th November, 2021, at 12.20 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1670
1670By a decree of the Small Claims Tribunal of the 31st May, 2021, the publication of the following extract was ordered for the purpose of service on the respondent Roberto Spiteri and Daniella Sammut in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Alexander Muscat Azzopardi (ID 629581M) in his own capacity and as administrator and in representation of St Paul's Court Owner's Association Condominium (registration number 582) of The Forum Residences, Block F, Fl 4, Triq Gokondu, Swieqi, filed a Claim on the 29th April 2021, whereby he asked the Tribunal to condemn Roberto Spiteri (ID 336778M) and Daniella Sammut (ID 258381M) of Games Room (Ground Floor), Block G, St Paul's Court, Triq Gulju, Buġibba, to pay the plaintiff the sum of €2,151.56, which amount is due to the plaintiff.
With costs and interest
The case (Claim number 130/2021JG) is deferred on the 7th December, 2021, at 12.40 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1671
1671It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2021, and this after a written plea numbered 874/2021, Ordered:
That when the Act of Birth of Kaelyn Abela comes to be registered in the Malta Public Registry, the name 'Kaelyn' will appear instead of 'Prapapan' and that this change will also be reflected in the Act of Marriage bearing the number 1179 of the year 2016.
Court of Revision of Notarial Acts
Maria Ruth Ciantar
Deputy Registrar, Court of Revision Of Notarial Acts
Notice 1672
1672It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2021, and this after a written plea numbered 873/2021, Ordered:
The correction in the Act of Birth of Mary Luise O'Dea bearing the number 1893 of 1993 whereby the name of Mary Luise O'Dea in the two columns titled 'Names given' and 'Name or names by which the child is to be called' should appear as 'Marie Louise' instead of 'Mary Luise'
Court of Revision of Notarial Acts
Maria Ruth Ciantar
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1673
1673By means of a decree of the 24th June, 2021, in the records of the judicial letter number 1600/2021, in the names Tiziano Construction Limited vs Grands Leisure Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Grands Leisure Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Grands Leisure Limited (C68536) of 243, Grands Building, The Strand, Gżira, Malta
By means of the present letter, Tiziano Construction Limited (C70115) of Ewropa Business Centre, Level 3-701, Triq Dun Karm, Birkirkara BKR 9034, Malta, makes reference to the judicial act filed by you on the 5th April, 2021, and categorically refutes your claims as therein made.
The interpellant denies that it did not fulfill the contractual obligations assumed by it and that it performed bad and/or works which were not in accordance with art and craftsmanship. Any delay is attributable to you and you alone, the interpellant is not liable to any failure, costs and damages which you attribute to it, if these exist at all. In addition, you should be well aware that the stipulation of FIDIC Short Form of Contract referred by you finds no application in this dispute.
The interpellant can only refer to the content of the judicial act it filed on the 15th December,, 2020, (of which you are still avoiding service inter alia by using an address other than your official address) and to the claims submitted by it the arbitration proceedings filed on the 1st April, 2021. By virtue of the acts hereinafter referred to, and with reference to the Building Contract covering Construction of Hotel (ex Adelphi Site) dated 6th March, 2018, you have to pay the interpellant the total of €1,367,000.00 which sum consists of:
a) The amount of €1,300,00.00 representing the balance of value of work carried out (in the amount of €1,080,000.00) and of the material and plant reasonably delivered on site (for the total amount of €220,000.00);
b) The amount of €30,000.00 representing the costs incurred with the result of the obligations and/or liabilities assumed by you and variations requested by you;
c) The amount of €7,000.00 representing the costs in connection with the suspension of the contract of works in question;
d) The amount of €30,000.00 representing 10% of the value of those works that were not carried out till the date of the termination of the contract above mentioned.
This together with those damages suffered by the interpellant and caused as a result of your default to abide with your contractual obligation assumed by you on the contract dated 6th March 2018 the nomenclature of which is Building Contract Covering Construction of Hotel (ex Adelphi Site).
Reserving all the costs that the interpellant is still incurring to demobilise from the site, which demobilisation you have continued to resist, notwithstanding that you are obliged to allow it and this in breach of the obligations imposed on you in terms of the contract mentioned above, and at law.
With further due reservation of any other action available to the interpellants whilst firmly reserving all of its rights.
This act should serve as a formal notice so that you do not continue to pursue your frivolous and vexatious claims as mentioned by you in the judicial act filed by you on the 5th April, 2021, which frivolousness is evident even from the vague manner in which the claim has been put forward.
With interest till the date of effective payment and with costs including those of the judicial act that were filed before this present.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1674
1674By means of a decree of the 12th July, 2021, in the records of the judicial letter number 119/2021, in the names United Acceptances Finance Ltd vs Daniel Ellul Sullivan et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Daniel Ellul Sullivan (ID 45671M) of Ashburton Grove, Fl 3, Triq it-Torri Gauci, Naxxar, and/or 2, Triq id-Dalja, Swieqi, u Faith Georgina Ellul Sullivan (ID 37545A) of'Ashburton Grove Fl. 3, Triq it-Torri Gauci, Naxxar, and/or 36 Doulton Court, Mais B, Triq Dun Franġisk Sciberras, Mellieħa, on the 14th January, 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to twenty two (22) bills of exchange from the account number 0344010004 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked Documents 39 to 60.
The interpellant calls upon so that within two day you pay the sum of €7,454.22 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourself.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1675
1675By means of a decree given by the Civil Court (Family Section)on the 2nd November, 2021, Application in the names Amanda Muscat (ID 136992M) vs Wallace Falzon (ID 121880M) Application number 443/21 AGV, the following publication was ordered for the purpose of service of the respondent Wallace Falzon (ID 121880M) , in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, filed, in the Civil Court (Family Section) in the names Amanda Muscat (ID 136992M) vs Wallace Falzon (ID 121880M) on the 30th September, 2021, the applicant Amanda Muscat (ID 136992M) respectfully pleaded:
That from a relationship that the parties had a girl was born … omissis …, who is today nine years old;
That the interpellant has the opportunity to go for a holiday with the girl … omissis …, in Rome from the 10 to the 13th December, 2021, and another visit from the 2nd to the 9th January, 2022, in Livigno;
That the interpellant has already paid all the amount for the trip of the first holiday euro 321.77 and paid a deposit of euro 1,750 for the second trip;
That the interpellant wishes to point out that during these nine years and namely the life of the girl Mr Wallace Falzon not only was he always absent but never passed maintenance for the girl;
That the interpellant wishes to point out that the last passport of the minor lapsed this year namely on the 15th April, 2021;
That whenever the interpellant required the signature of Mr Wallace Falzon, she could never find him in the address of his identity card and namely the house of his parents;
Thus, in view of the total absence of the father in the life of the girl as well as since the girl has the opportunity to go for these two holidays with her mother during the school holidays the interpellant respectively prays this Honourable Court:
1. To order the issuing of the passport for the minors for the period indicated on the application of Amanda Muscat alone and that she alone is authorised to withdraw the passport of the minor;
2. To grant her the permission so that the girl leaves these Islands together with her mother for the periods indicated in the application,
and this saving any other provision that this Honourable Court may deem fit to give.
Civil Court (Family Section)
Application number 443/21 AGV.
Amanda Muscat
vs
Wallace Falzon
The Court,
Saw the application of the 30th September, 2021
Orders the service to the respondent with five (5) working days to file a reply.
Notify Respondent: Casa Falzon, Triq G. F. De Soldanis, Birkirkara
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1676
1676By a decree of the Court of Magistrates (Malta) of the 27th September 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) on the respondent Franco Mule.
Swatar M&B Limited (C 21809) of Kappara House, Triq Antonio Schembri, Kappara, San Ġwann, filed a claim on the 15th April, 2021, whereby they asked the Court to condemn Franco Mule (ID 113762M) of Air de Fleurs, Triq Ħal Luqa, Paola, and Natasha Marie Schembri, to pay the plaintiff company the sum of €5,922.00, which amount is due to the plaintiff company.
With costs and interests
The case (Notice number 95/2021LC) is deferred to the 19th November, 2021, at 10.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1677
1677By means of a decree of the 16th October, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1555/2020 in the names No Deposit Cars Malta Limited vs Stefanovic Dalibor the following publication was ordered for the purpose of effecting service on the respondent Stefanovic Dalibor in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Stefanovic Dalibor (ID 169443A) of 59, Flat 1, Blue Skies, Toni Bajada, St Paul's Bay
By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, St Julian's, is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €1,190 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 19th April, 2019, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:
1. Bill of exchange number 10 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th January, 2020, and which sum has to date not been paid;
2. Bill of exchange number 11 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th February, 2020, and which sum has to date not been paid;
3. Bill of exchange number 12 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th March, 2020, and which sum has to date not been paid;
4. Bill of exchange number 13 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th April, 2020, and which sum has to date not been paid;
5. Bill of exchange number 14 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th May, 2020, and which sum has to date not been paid;
6. Bill of exchange number 15 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th June, 2020, and which sum has to date not been paid;
7. Bill of exchange number 16 in the amount of €170 issued by the defendant in favour of the company, which bill of exchange was due on the 19th July, 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 Cap. 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 above bills of exchange in terms of the Payment Schedule (herewith attached and marked as Doc. 3) by means of the statement of account (herewith 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.
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 1678
1678By means of a decree of the 18th August, 2021, in the records of the judicial letter number 2487/2021, in the names Right Properties Limited vs Carmelo sive Charlie Sammut, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Carmelo sive Charlie Sammut in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Carmelo sive Charles Sammut (ID 229764M) of Kibowi Apartments, Triq il-Frejgatina, Qawra, St Paul's Bay
This is a reply of the company Right Properties Limited (C69124) to the judicial letter number 2408/2021.
By this reply the company Right Properties Limited of 150/03, Triq Salvu Psaila, Birkirkara, whilst referring to the judicial letter filed by you in your own name and as administrator of the Kibowi Apartments Block, on the 11th June, 2021, where you requested the interpellant company Right Properties Limited to come forward for the liquidation and payment of alleged damages suffered by you and to pay half the cost of the dividing wall and also pay half the value of the land on which it is built, the interpellant Right Properties Limited replies that:
1. Whilst it categorically refuses the allegations made by you regarding the damages allegedly caused to your property due to the development of the interpellant company Right Properties Limited in an adjacent site and therefore rejecting them as unfounded both in fact and in right and;
2. Although the interpellant company Right Properties Limited has never been provided with the required and requested evidence, showing and proving that any compensation that may be due in respect of use of the dividing wall that may have occurred, is in fact due to you, is prepared and remains prepared to acknowledge its obligation to pay for the compensation of the use of the dividing wall, as long as evidence is provided to show the compensation which is due for the use of the dividing wall, and that this is due to you and an estimate of the compensation claimed is provided, which estimate is to be prepared by a Professional and technical person for the purposes of it being verified by the applicant company Right Properties Limited.
So much for your own guidance.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1679
1679By means of a decree of the 16th July, 2021, of the Civil Court First Hall in the records of judicial letter number 4620/2020, in the names Commissioner for Revenue vs Christian Demanuele pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Christian Demanuele (ID 66176M) in your own name and as director for and on behalf of the company CS Motorsports Ltd (C46026)
By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €295,087.27 representing the amount due by you pro et noe as Value Added Tax according to the same Act.
With costs and interest according to the Act till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.
In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.
So much so that you may know how to regulate yourselves and to proceed.
Notification: i) Christian Demanuele, 6, Bokka ta' Carcara, l-Imġarr
ii) Christian Demanuele, 18, Flat 4, Triq il-Merill, Il-Mellieħa
iii) CS Motorsports Ltd, 9 Ta' Rokna, Triq it-Turetta, Santa Venera
iv) CS Motorsports Ltd, 408, Triq il-Kbira San Ġużepp, Santa Venera
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1680
1680By means of a decree of the 29th April, 2021, in the records of the judicial letter number 1102/2021, in the names FB Imports Limited vs Tarcisio Cardona, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Tarcisio Cardona in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Tarcisio Cardona (ID 58159M) carrying on trade under the name Tarcisio Butcher of Triq Alfonso Maria Galea, Ta' Paris, Birkirkara, Malta
By means of the present letter, FB Imports Limited (C49978) of 5/6, Cantrija Complex, Triq it-Tarġa, Naxxar, Malta, solicits you so that within two days from the notification of this letter you pay the interpellant company the amount of €16,835.52, which amount is due by you representing the price of supplies that you bought from the interpellant company and relating costs as shown from the statement here attached and marked as Document A.
In default of payment within the time given to you further procedures will be taken against you according to law without further notice.
With costs and legal interest till the date of effective payment.
Notification: Tarcisio Cardona – Tarcisio Butcher ta' Triq Alfonso Maria Galea, Ta' Paris, Birkirkara, Malta.
Tarcisio Cardona, 73, Serenita, Fl. 2, Triq San Ġwann Battista, St Paul's Bay
Tarcisio Cardona, Aurora, Triq Nikola Baldacchino, Siġġiewi, Malta
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1681
1681By means of a decree of the 30th August, 2021, in the records of the judicial letter number1392/2021, in the names Dr Nicholas Degaetano et vs William Privitera, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent William Privitera in terms of Article 187(3) et sequitur of Chapter 12.
In the First Hall of the Civil Court
To: William Privitera (ID 654281M) of The Gardens, Block A, Flat 5, Triq il-Mensija, St Julian's
By means of the present letter, Dr Nicholas Degaetano (ID 197790M) and Geroge Degaetano (ID 148688M) of Athena, Triq is-Slielem, High Ridge, Madliena, makes reference to the dividing wall located in their proprety Link School, 121, Triq is-Sirk, Swieqi, of which wall you have appropriated an undivided half in terms of laws.
That therefore you have to pay the applicant a sum equivalent to half the price of the wall including half of the price of the land on which the wall is built. You are therefore being solicited so that within one week of the dispatch of this letter you come forward for the liquidation of payment due.
In addition the interpellant is also making reference to the fact that the wall in question was not built in accordance with craftsmanship and art and consequently you are being solicited to demolish the said wall and rebuild it once again as duly solicited by the interpellants.
That apart from that the interpellants are also referring to the damages that you have caused as a result of the works executed by you in the basement of the property of the applicants and you are therefore being solicited to execute the necessary works in order for the damages to be repaired.
Therefore, the interpellants while holding you responsible for all damages that may be caused to them including for the loss of income due to the necessary works, are requesting you so that within one week from the dispatch of this letter you adhere to what you have been asked to do above and failing that the interpellants will proceed judicially.
So much for your own guidance
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1682
1682By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th October, 2021, Application number 1667/2021, by Maria Dolores sive Doris D'Amato whereby she requested that it will be declared open in her favour in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Kenneth D'Amato, Jacqueline D'Amato and Simone wife of Guido Formosa siblings D'Amato children of the decujus in equal shares between them the succession of her husband Joseph D'Amato, husband of Maria Dolores sive Doris D'Amato, son of the late Anthony D'Amato and Vincenza D'Amato née Micallef, born in Naxxar, Malta, resided in Birżebbuġa, Malta, and died in Birżebbuġa, Malta, on the 5th July, 2019, aged 73, and who held identity card number 0516746M.
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 Court and Tribunals
Notice 1683
1683By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th October, 2021, Application number 1704/2021, by Margaret Abela whereby they requested that it will be declared open in favour of Sebastiana sive Bessie Bonanno, Margaret Abela, Frances Tremblay, Carmel Abela, George Abela, Joseph Abela, Salvina Abela, Maria-Anna Farrugia, Rita Von Brockdorff, Joan Abela, Maria Cassar and David Abela in the quota of one part of twenty two (1/22) undivided share each one of them, in favour of Rose Farrugia as for one part of nineteen (1/19) undivided share; in favour of Anthony Azzopardi, Francesca Saveria Frendo, John Azzopardi, Andrea Azzopardi, Raymond Azzopardi and Rita Scicluna in the quota of nine parts of one hundred and seventy six (9/176) undivided shares each one of them; in favour of Alison Farrugia, John Azzopardi and Sharon Sciberras in the quota of nine parts of five hundred and twenty eight (9/528) undivided shares each one of them and in favour of Joseph Borg and Maria Seychell in the quota of nine parts of three hundred and fifty two (9/352) undivided shares each one of them the succession of Anna Bonanno, unmarried, daughter of the late Rocco Bonanno and Maria née Baldacchino, born in Ħaż-Żebbuġ, Malta, resided in Tas-Sliema, Malta, and died in Tas-Sliema, Malta, on the 18th October, 2020, aged 94, and who held identity card number 0585426M.
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 Court and Tribunals
Notice 1684
1684By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 8th July 2021, Application number 1138/2021, by Igino Borg, whereby following the application Mary sive Maria Borg, unmarried, daughter of Vincenzo Borg and Giuseppa Borg née Vella, born in Mosta, Malta, on the 9th January, 1937, and residing in Mellieħa, aged 84, and holding identity card number 45537M, was interdicted from all the acts of the civil life by means of a decree given on the 13th September, 2021.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1685
1685By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th Octobert 2021, Application number 1677/2021 by Anna Cauchi et whereby they requested that it will be declared open in favour of Anna Cauchi, Joseph Vella, Carmelo Vella, John Mary Vella, Paul Vella, Emanuel Vella, Maria Dolores sive Doreen Micallef and Theresa sive Marthese Bartolo in the quota of one eighth (1/8) undivided share each one of them the succession of their sister Margaret Vella, unmarried, daughter of the late Paul Vella and Victoria Vella née Mifsud, born in Mellieħa, Malta, resided in Mellieħa, Malta, and died in Mellieħa, Malta, on the 1st June, 2021, aged 63, and who held identity card number 334258M.
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 Court and Tribunals
Notice 1686
1686By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th August, 2021, Application number 1370/2021, by Margaret Grace Drivata et whereby they requested that it will be declared open in favour of the Margaret Grace Drivata, John Zammit, Edel Mifsud and Carmelo Zammit in equal shares between them the succession of their mother Rita Zammit, widow of John Zammit, daughter of the late John Baptist Cassar and Edwidge née Scicluna, born in Rabat, Malta, resided in Ħal Qormi, Malta, and died in Msida, Malta, on the 4th June, 2021, aged 70, and who held identity card number 0959950M.
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 Court and Tribunals
Notice 1687
1687By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October, 2021, Application number 1686/2021, by Maria Cachia et whereby they requested that it will be declared open in favour of Maria Cachia, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Clayton Cachia, Gillian Cachia and Miguel Cachia children of the decujus in equal shares between them the succession of Emanuel Cachia, husband of Maria Cachia née Borg, son of the late Edward Cachia and Teresa née Tanti, born in Ħ'Attard, Malta, resided in Ħ'Attard, Malta, and died in Ħ'Attard, Malta, on the 12th July, 2019, aged 57, and who held identity card number 0641761M.
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 Court and Tribunals
Notice 1688
1688By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October 2021, Application number 1674/2021 by Maria-Rita sive Marita Agius whereby she requested that it will be declared open in her favour the succession of her father Alfredo sive Alfred Agius, widower of Gorga sive Giorgina Agius née Pulo, son of the late Guzeppi Agius and Karmela Agius née Gatt, born in Birkirkara, resided in Birkirkara, Malta, and died in Ħal Luqa, Malta, on the 6th December, 2020, aged 81, and who held identity card number 0765439M.
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 Court and Tribunals
Notice 1689
1689By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th June, 2021, Application number 918/2021, by Herbert Giorgio et whereby they requested that it will be declared open in favour of Herbert Giorgio and Maria Elena Robsinson née Giorgio brother and sister of the decujus in the quota of third (1/3) undivided share each one of them and in favour of Joanne Mary Fasola and Jacqueline Ann Schaeche nieces of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Francesco Saverio Giorgio, bachelor, son of the late Giorgio Giorgio and Margherita Giorgio née Zammit, born in Tas-Sliema, Malta, resided in Tas-Sliema, Malta, and died in Ħal Balzan, Malta, on the 31st January, 2019, aged 87, and who held identity card number 0059832M.
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 Court and Tribunals
Bann for Curators
1690Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 30th August, 2021, following a request by Adv. Joseph Camilleri noe it was ordered that Deputy Curators be chosen to represent the foreign company JAL PARI (Pte Ltd) in the records of the Warrant of Arrest of Sea Vessels over ten (10) metres in length number 1253/2021 in the names Adv Joseph Camilleri noe vs Deputy Curators and in the other relative and subsequent acts.
By means of a Precautionary Warrant of Arrest of Sea Vessels over ten (10) metres in length, filed on 20th August, 2021, in the First Hall of the Civil Court, in the names Adv. Joseph Camilleri (ID 384279M) as special mandatory for and on behalf of the foreign Cypriot company Vilavi Union Enterprises Limited (HE 409822) vs Deputy Curators to represent the foreign company JAL PARI (Pte Ltd) of Singapore, the applicant Adv. Joseph Camilleri (ID 384279M) noe respectfully requested and confirmed on oath that:
That the applicant seeks to safeguard a debt or a claim, in personam or in rem, which could be frustrated by the departure of the sea vessel indicated in this application;
That the debt or claim is the following:
Damages in the amount of USD1,398,000 equivalent to €1,195,968 or other amount according to the rate of exchange of today, consisting of the value of a consignment of crude sunflower seed oil that was being carried on the vessel M/V Jal Pari, a vessel the registered owner of which is the respondent, which consignment was unlawfully and improperly released by the respondent to third parties in Rotterdam, despite the fact that the originals of the bills of lading or relative documentation were not presented. This is better explained in the attached letter and documentation;
That the details of the said sea vessel of which the arrest is being requested are the following:
Name – M/T JAL PARI
Identification details of the sea vessel:
1. Number IMO 9166869,
2. Panamanian Flag,
3. Type of Vessel – Oil & Chemical Tanker,
4. Gross Tonnage 5,172,
5. Net Tonnage 2,556,
6. Length – 114.99 meters,
Location where the said vessel is to be found – In the Maltese Territorial waters, Area 4 in the vicinity of Marsaxlokk Bay 35.82495°/14.59817°,
Authority: Transport Malta Authority: Transport Malta, Port Operations, 23/25, Xatt l-Għassara tal-Għeneb, Marsa;
That the details of the person being indicated by the applicant to effect service of a copy of this warrant in accordance to sub article (3) of article 856 are the following:
Full name of individual or company name – Randolph Cauchi,
Identity card number or company registration number – 567777M,
Address – 447, St Joseph High Road, Santa Venera;
That the applicant confirms that the above mentioned person has accepted to effect the said service;
That by the departure of the said sea vessel from Malta, the debt or claim of the applicant may be evaded.
Therefore, the applicant respectfully requests that this Honourable Court orders the issue of a Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned credit and with the costs of this procedure.
Applicant: c/o Av Joseph Camilleri, 103, Triq id-Dejqa, Valletta
Notifications:
a) Additional notification – Transport Malta, Pantar Road, Ħal Lija
b) Deputy Curators for and on behalf of the company JAL PARI (Pte Ltd) of Singapore
c) The vessel M/T Jal Pari
d) Customs Controller, Floriana
e) Registrar Civil Courts and Tribunals, Valletta
Whereas the attached said application has been filed, a copy of which is here attached, and there exist sufficient grounds according to law for the issuance of the Warrant of Arrest of Seagoing Vessels,
This Court thus:
Orders that the Authority for Transport in Malta or any other authority so designated by the Minister in accordance with article 857 of the Code of Organization and Civil Procedure (Cap 12) which has in its hands or under its control the seagoing vessel against which such warrant of arrest is being issued, to seize the vessel and not release such sea vessel or allow the debtor to divest himself in anyway from the same vessel, in whole or in part, or to give or surrender to any person any rights on the same;
Orders the same authority to take all necessary measures to display the court order for the general attention of third parties;
Orders the Executive Officer to execute this warrant by serving it forthwith on the authority which has in its hands or under its control the seagoing vessel against which such warrant of arrest is being issued and on the person indicated by the applicant to effect service of a copy of the warrant in accordance to sub-article (3) of article 856 unless the person is not the same Executive Officer who is executing this warrant;
Orders that person indicated by the applicant to effect service of a copy of the warrant in accordance to sub-article (3) of article 856 on the person whose ship or vessel, which documentation and certification shall within one (1) working day be handed over to the Registrar, Civil Courts and Tribunals.
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 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 Ian Spiteri Bailey, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1691
1691By means of a decree given, by the First Hall Civil Court, on the 4th October 2021, in the records of the Application in the names Stephen Sultana vs Karl Bugeja, Application number 1141/20 TA, the following publication was ordered for the purpose of service of the respondent Karl Bugeja, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, presented, in the First Hall Civil Court, in the names Stephen Sultana (ID 480268M) vs Karl Bugeja (ID 185187M) on the 2nd December, 2020, the applicant for the reasons premised in the application asked this Honourable Court,
1. To declare and decide that the respondent is solely responsible for the damages consisting in a functional and permanent debility including psychological and moral , loss of future earnings and costs suffered by the applicant, as a consequence of the incident of the 13th July, 2018, and condemn the respondent to pay the applicant the amount that shall be declared as due by damages.
With costs and interest as demanded against the respondent summoned so that a reference to his evidence be made.
The Application in the names Stephen Sultana vs Karl Bugeja, Application number 1141/20 TA, has been deferred for hearing to the 15th November, 2021, at 10.15 a.m.
Notify Respondent: 63, Pontial, Flt 4, Triq Huber, Tas-Sliema
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1692
1692By means of a decree given, by the First Hall Civil Court, on the 10th October 2021, in the records of the Application in the names Darren Gabriele vs Alexander sive Alex Mercieca , Application Number 350/21 RGM, the following publication was ordered for the purpose of service of the respondent Alexander sive Alex Mercieca,in terms of Article 187(3) 3 et sequitur of Cap. 12.
By means of an Application, filed, in the First Hall, in the names Darren Gabriele (ID 343486M) and his wife Jessica Gabriele (ID 0006391M) vs Alexander sive Alex Mercieca (ID 85363M) on the 19th April, 2021, the applicant Darren Gacbriele (ID 343486M) and his wife Jessiva Gabriele (ID 0006391M) asked this Honourable Court,
1. To pass on to decide this cause without proceeding to a hearing in terms of Article 167 of Cap 12 of the Laws of Malta, declare that the respondent is a debtor of the applicant in the sum of (€40,000) and condemn the respondent to pay the plaintiffs the sum above mentioned.
With interest and with costs against the respondent from now summoned so that a reference to his evidence be made.
The Application in the names Darren Gabriele et vs Alexander sive Alex Mercieca, Application Number 350/21 RGM, has been deferred for hearing to the 17th November, 2021, at 9.20 a.m.
Notify Respondent: 4, Anil, Triq il-Ħawt, Swieqi
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals