Court Notices published in Govt. Gazette no 20,963 of 22nd November 2022
Notice 2154
2154By means of a decree of the 30th May, 2022, of the Rent Regulation Board, in the records of the Application in the names George Spiteri & Sons Limited vs Brian Galdes et, Application number 109/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Brian Galdes 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 George Spiteri & Sons Limited (C12936) vs Brian Galdes (ID 420873M) and Housing Authority filed in the Rent Regulation Board, on the 4th February 2022, the applicant George Spiteri & Sons Limited (C12936) requested this Honourable Board why it should not:
1. Order that the means test of Brian Galdes in terms of Act XXIV of 2021 be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1521F and 1622A of the Civil Code) and any regulations that replace them, which test shall be based on the income of the lessee Brian Galdes between 1st January and 31st December, 2020, and on the capital of the lessee Brian Galdes on the 31st December, 2020, and which means test has to be with particular reference, inter alia, to Rules 4 till 8 of the Rules of the Continuation Tenancies (Means Testing Criteria) that have to be applied mutatis mutandi in this case;
2. Declare and decide that in terms of Act XXIV of 2021, the rent of the premises 56, Carmel Street, Ħal Tarxien, 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 and in default if the respondent does not satisfy the criteria of the income and capital of the means test, the respondent will be given not more than two (2) years so that the premises will be vacated, besides paying the applicant a compensation for the occupation of the premises during the said period that has to be determined by this Board;
3. Order and condemn the respondent Brian Galdes to start paying such increased rent in terms of Act XXIV of the year 2021 with effect from the day of filing of this application;
4. Liquidate and order that the respondent Brian Galdes pay all the rent due regarding this premises till the effective payment.
With costs against the respondent who are from now summoned so that a reference to her oath be made and without prejudice to any other action that may eventually be filed.
Applicant: George Spiteri & Sons, Triq l-Imdina, Ħaż-Żebbuġ
Respondent: 56, Carmel Street, Ħal Tarxien
Housing Authority
The application in the names George Spiteri & Sons Limited vs Brian Galdes et, Application number 109/2022JD, has been postponed for hearing to the 14th December, 2022, at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2155
2155By means of a decree of the 11th October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Zarko Tramosljanin vs Raluca Ciobanu et noe, Application number 41/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Raluca Ciobanu in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a sworn application in the names Zarko Tramosljanin (ID 0174210A) vs Raluca Ciobanu (ID 0083563A), Director Public Registry and by means of a decree of the 11th July, 2022, Dr Simon Micallef Stafrace and Legal Procurator Joeline Pace Ciscaldi were nominated deputy curators of the minor … omissis …, filed in the Civil Court (Family Section), on the 16th February, 2022, the applicant Zarko Tramosljanin requested this Honourable Court to:
1. Exercise the authority granted to it in terms of article 70A(2) of Cap. 16 of the Laws of Malta, thus substitutes the mother's consent, namely that of Raluca Ciobanu, which consent was not given, and orders the necessary scientific tests to be carried out and if the case may be appoint a medical expert to verify the paternity of the minor … omissis … and this to verify if applicant is truly the father of … omissis …;
2. If by virtue of the aforementioned scientific tests it transpires that applicant is factually the father of minor … omissis …, it should declare and confirm that the minor … omissis … if the natural child of the applicant Zarko Tramosljanin;
3. Order the defendant Director of Public Registry so as to register any necessary act, or modify or carry out such changes required to any document or act pertaining to the minor … omissis … such that the minor shall bear the applicant's surname ergo Tramosljanin and such should also be executed in any related and successive act.
With costs, due to the non-compliance to the several intimations made by applicant to the defendant who is from now summoned so that a reference to her oath be made.
Applicant: Four Seasons Court, Flat 103, Triq Massabielle, San Ġwann
Respondent notification: Wilga, Flat 4, Triq il-Ġwiebi, St Paul's Bay, Qawra
The Application in the names Zarko Tramosljanin vs Raluca Ciobanu et noe, Application number 41/2022AL has been postponed for hearing to the 6th December, 2022, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2156
2156By means of a decree of the 26th October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Noel Borg vs Sylvana Borg, Application number 167/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Sylvana Borg in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a sworn application in the names Noel Borg (ID 591277M) vs Sylvana Borg (KI 316280M), filed in the Civil Court (Family Section), on the 2nd August, 2022, the applicant Noel Borg requested this Honourable Court to:
1. To regulate once again the care and custody, residence, access for minor Children in the best interest of the minors;
2. In the event that this Honourable Court deems it to be in the best interest of the minors to reside mainly with the plaintiff, it orders that the maintenance owned by the plaintiff to the defendant for the néeds of the minors according to the contract of seperation is paid by the defendant to the plaintiff;
3. Give any other provision it deems appropriate in the best interest of the minor.
With costs including those of all the procedures incurred by the plaintiff against the defendant who is from now summoned so that a reference to her oath be made.
Applicant: 5, Juventina, Triq Viani, Tas-Sliema
Respondent notification: Żernieq, Flat 2, Triq it-Tin, Bubaqra, Żurrieq
The Application in the names Noel Borg vs Sylvana Borg, Application number 167/2022AL, has been postponed for hearing to the 14th December, 2022, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2157
2157By means of a decree of the 27th September, 2022, of the Civil Court (Family Section), in the records of the Application in the names Josette Magri vs Emmanuel sive Noel Magri, Application number 425/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Emmanuel sive Noel Magri 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 Josette Magri (ID 111776M) vs Emmanuel sive Noel Magri (ID 91773M), filed in the Civil Court (Family Section), on the 5th August, 2022, the applicant Josette Magri requested this Honourable Court to:
1. Declare the dissolution of the marriage between the parties celebrated on the 20th September, 1997;
2. Authorise the applicant to revert to her maiden surname that is Dimech;
3. Order the Registrar of Courts so that within the time allowed by this Court informs the Director Public Registry with the dissolution of marriage of the parties so that it is duly registered in the Public Registry;
4. Provide all appropriate and timely provisions that this Court deems fit and opportune.
Applicant: St Mary Court, No. 1, Triq San Ġiru, Gudja
Notification: Flere, 7, Triq Salvatore Mallia, Siġġiewi
The Application in the names Josette Magri vs Emmanuel sive Noel Magri, Application number 425/2022JPG, has been postponed for hearing to the 5th December, 2022, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2158
2158By means of a decree of the 24th March, 2022, in the records of the judicial letter number 2256/2020, in the names J. Zammit Limited vs Donna Rit Falzon, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Donna Rit Falzon (ID 165098M) of 57, Tomjim, Flat 2, Triq Patri Ġużeppi Calleja, St Paul's Bay, on the 29th October, 2020, J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 26 till 31, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 15th day of the month and that is between the 15th February, 2020 and 15th July, 2020, respectively, and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €1,422.18 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.
The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.
For all the effects and purposes of law, you are warned that in terms of article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.
So much so may know how to proceed and regulate yourself
With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.
This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2159
2159It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 31st October, 2022, in the records of the judicial letter number 2326/2022, in the names GasanMamo Insurance Limited vs Duric Miljan, ordered the following publication for the purpose of effecting service on the respondent Duric Miljan, in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Duri Miljan (ID 165042A) of 56, Flat 3, Triq Victor Denaro, Msida, and/or 44, Joseph Flats, Flat 4, Triq is-Sibbien, Marsaskala
By means of this present GasanMamo Insurance Limited (C3143) of Triq l-Imsida, Gżira brings to your formal notice the following facts:
1. That on the 19th December, 2020, the vehicle with registration number BON922 was involved in a car accident that occured in Tul il-Kosta, Naxxar, whilst it was driven by Mlaten Milutinovic, and insured by you with the interpellant company;
2. That you permitted and/or authorised the said Mlaten Milutinovic to make use of the said vehicle and this when the said insurance policy on the date of the accident did not permit that the said vehicle be driven by other persons except you;
3. Thus, Mlaten Milutinovic was not covered by the relative insurance policy because he was not the person authorised to drive the vehicle with registration number BON 922 at the time of the accident.
Therefore, you are formally warned that the interpellant is not in a position by any way to answer for any pretension brought forward by third parties in this case and in the event that interpellant is obliged to make any payments on your behalf and/or on behalf of Mlaten Milutoniovic in terms of Cap. 104 of the Laws of Malta, it is now reserving its position against you and/or any one of you according to law. This means that if the interpellant is obliged to make any payment to third parties it is going to proceed against you and/or any one of you for the recovery of all amounts paid in connection with this case, and in addition to all legal and judicial costs and interest according to law.
This judicial letter is being made for all purposes and effects of law and especially but not limited to in terms of Cap. 12, Cap. 16 and Cap. 104 of the Laws of Malta.
So much so that you know how to regulate yourself
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2160
2160It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 11th April, 2022, in the records of the judicial letter number 207/2022, in the names Giovanna sive Jane Formosa vs Notary Dr Roberta Borg, ordered the following publication for the purpose of effecting service on the respondent Notary Dr Roberta Borg, in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Notary Dr Roberta Borg, LLD, (ID 0298583M), of Tama, Triq Santa Marija, Mosta, MST 4130, Malta
By means of this present Giovanna sive Jane Formosa (ID 518057M) of 6, SunJane, Triq it-Tellerita, Ħal Għaxaq, Malta, in her capacity as legatee and universal heir according to the will made, read and published by you of the 14th June, 2018, at 11.00a.m., and she is the cousin of the testatrix Giuseppa sive Jessie Aquilina who died on the 25th December, 2019, teacher, unmarried daughter of Salvatore and Carmela née Attard, born in Isla on the 17th October, 1934 (ID 727134M) and resided at number 9, Triq San Ġużepp, Żejtun, Malta, is soliciting you and informs you and holding you responsible for all the damages and interest suffered by her both those present and future for all the purposes and effects of law because the will of the 14th June, 2018, of 11.00 a.m., that you published is null according to the judicial letter number 5196/2021 which the interpellant received and was notified with it on the 2nd December, 2021.
This in accordance with a judicial letter filed in the First Hall of the Civil Court which the interpellant received and was notified with and which is dated 2nd December, 2021, number 5196/2021 and which is being here attached and marked as Doc. A.
This judicial letter received by the interpellant and with which you were to be notified, was sent by Salvina Theuma (ID 1050148M) in her capacity as the sole and universal heir of Joseph Aqulina (ID 567223M), Josianne Psaila (ID 284380M) in her capacity as mandatory of Carmella Sarah Aquilina who is abroad, Salvina Spiteri (ID 425550M) in her own name and as mandatory of Theresa Gauci (ID 136949M) who is abroad and Emanuel Aquilina (ID 0461261M) of 49, Edgar, Triq Melita, Paola, Malta, in their capacity as the closest relatives and successors according to the same judicial letter of the First Hall of the Civil Court dated 2nd December, 2021, number 5196/2021.
According to the same judicial letter filed in the First Hall of the Civil Court and which the interpellant received and was notified with it dated 2nd December, 2021, number 5196/2021, sent by the persons mentioned here, the said will is not valid because of the lack of an essential element required by law for its validation and namely the presence of two witnesses during its publication.
This because the persons that were declared were witnesses for the publication of the will and their signature appears on the same document, effectively were not present for its publication and do not even know that their signature was used for such purpose and this always according to the same judicial letter sent by the interpellant.
You are solicited such that you are held responsible for all the damages and interest suffered by the interpellant and you are expected to clarify all these declarations in the judicial letter and namely with all the persons mentioned in the said judicial letter, both by the interpellant, and all the heirs and mandatories of the persons mentioned as the closest relatives and successors of the late Giuseppa sive Jessie Aquilina (ID 727134M) who died on the 25th December, 2019.
You are being kept responsible in dolo, mora and culpa for all the damages and interests suffered by the interpellant who informs you that, always according to the judical letter here mentioned dated 2nd December 2021 number 5196/2021, apart from the damages suffered by the interpellant because the said will is invalid because of the lack of an essential element required by law for its validation, a false declaration was done by you that the will dated 14th June 2018 at 11.00a.m. was made, read and published after having explained its contents according to law in Malta, in Floriana in Sir Paul Boffa Hospital before the witnesses Jatinder Singh, shuttle worker son of Giurbax Singh and the late Balbin née Kaur, born in Punjab, India, on the 15th September, 1987 (ID 647418L) and his wife Laura Ellen Joan Singh receptionist daughter of Carmel Zerafa and Ann Margaret née Williams born in Leister, England, on the 12th November, 1971 (ID 357187M), both residing in Ħal Qormi.
Thus, the interpellant is soliciting you that a complaint to the Executive Police may be filed such that you are investigated and in case such investigation results in the affirmative, criminal procedures are taken against you before the Magistrates Court (Malta) as a Court of Inquiry.
In addition, the interpellant is informing you that a formal report is going to be made before the Notarial Council of Malta.
In case you remain in default, the interpellant will hold you responsible from now for any losses and/or damages that she may suffer because of your fault.
So much so that you may know how to proceed and reserving the right for any competent action that the interpellant may take against you.
With costs and interest
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2161
2161By decree given by the Civil Court, First Hall, on the 15th November, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 2nd May, 2023, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta, of the following property:
Restaurant on groundfloor level, with an underground level with parts under the groundfloor level and the front garden named Cote d'Azur Restaurant in Triq tal-Buttar, corner with Triq Sant'Antnin, Marsaskala, excluding its airspace and underlying third party residential apartments built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming parts on the land known as 'Il-Barumbara' sive 'Il-Maghluq', bounded on the north by Triq Sant'Antnin, on the east by a new unnamed road and on the west by property of Barumbara Limited or its successors in title, or other correct boundaries, with all its rights and appurtenances, as better described in the contract of acquisition of tenth September, nineteen ninety two (10.9.1992) in the acts of Notary Dr Joseph Tabone and is valued at one million and eight hundred thousand euro (€1,800,000).
The said tenement is the property of Geomike Limited (C8820).
N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2020.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 2162
2162By decree given by the Civil Court First Hall, on the 15th November, 2022 after the application of Dalco SPB Limited (C89538) et, Tuesday, 14th March, 2023, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in Room number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Hotel named Paloma Residence, formerly known as the unnumbered Sabina Holiday Complex and built on portion of land numbered as plot 79 u 80, in the area known as Tat-Torba l-Bajda in Triq il-Ġifen f'Buġibba and including the overlying airspace, excluding the unnumbered shop and named La Bodega situated in the same locality, valued at two million euro (€2,000,000).
and
Block of buildings consisting of two garages at ground floor level and unnumbered block of overlying apartments together with its airspace and subterrain, which property is situated in St Paul's Bay in the area known as Buġibba, in Triq il-Ġifen and named 'Blue Angel Holiday Complex' valued at eight hundred thousand (€800,000).
The said tenement is the property of DHM Properties Investments Limited (C29997).
N.B. The said tenement will be sold as described in the acts of judicial sales number 20/2018.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 2163
2163By means of a decree of the 4th November, 2022, handed down by the Juvenile Court in the records of the application number 216/2022LL in the names Directorate for Child Protection within the Foundation of Social Welfare Services et vs Marta Iavorscaia et, the following publication was ordered for the purpose of effecting service on the respondent Jean (Jean Pierre) Schembri in terms of Article 187(3) et sequitur of Cap. 12.
By means of an application in the names Directorate for Child Protection within the Foundation of Social Welfare Services and Directorate for Alternative Care (Children and Youths) vs Marta Iavorscaia and Jean (Jean Pierre) Schembri (ID 201577M) filed in the Juvenile Court, on the 10th October, 2022, the applicant Directorate for Child Protection and Directorate for Alternative Care (Children and Youths) requested this Honourable Court so that:
1. On a preliminary basis and in terms of Article 18(3), it authorises the minor to reside in a licensed residence which has been approved by the respective authority and the applicant Directorate;
2. On a preliminary basis and in terms of Article 18(3), it entrusts the care and custody of the minor … omissis … in the hands of the Director of the Directorate Alternative Care (Children and Youths) such that this Director may have the power to delegate the authority to make ordinary decisions with respect to the health and education of the minor to the alternative carers;
3. On a preliminary basis and in terms of Article 18(3), it orders that any contact of the minor with the defendant mother is to take place under supervision which supervision is to be regulated by the Directorate Alternative Care (Children and Youth) according to regulations and procedures that are adopted by the Supervised Access Service within the same Directorate applicant;
4. Appoints the present application for a hearing in terms of Article 18(5) of Cap. 602 of the Laws of Malta;
5. Appoints a Children's Advocate to provide explanations, to provide any information to the minor, to assist and represent the views of the minor before this Honourable Court in terms of article 25 of Cap. 602 of the Laws of Malta;
6. Uphold the recommendations, including the issue of the welfare care order for the well-being of the minor, of the Director of the Directorate for Child Protection as set out in the report attached as Doc. X and makes them an integral part of its final decision and subsequently refers the decision of this Honourable Court to the Review Board to review the care plan of the minor in terms of Cap. 602 of the Laws of Malta.
And this under those provisions that this Honourable Court deems necessary and opportune to impose in the circumstances.
Directorate for Child Protection, 220, Cannon Road, Santa Venera.
Directorate for Alternative Care, 36, Triq l-Isptar San Luqa, Tal-Pietà
Notification: Jean Pierre Schembri, 81, 1A, Triq Vjal il-Ħelsien, Ħaż-Żebbuġ
In the Juvenile Court
Magistrate: Dr Lara Lanfranco, MA Law (Melit.), BA, LLD
The Court,
Saw the application of Directorate for Child Protection and the Directorate for Alternative Care and the requests therein made;
Upholds the first request and authorises that, in terms of Article 18(3) of Cap. 602 of the Laws of Malta, the minor … omissis … resides within a licensed and approved residence by the respective Authority and the applicant Director;
Upholds the second request and orders that in terms of Article 18(3) of Cap. 602 of the Laws of Malta, the care and custody of minor … omissis … be entrusted to the Director of the Directorate of Alternative Care (Children and Youths) with this the same Director who has the power to delegate the authority to make ordinary decisions with respect to the health and education from the minor by the alternative carers;
Upholds the third request and orders that in terms of Article 18(3) of Cap. 602 of the Laws of Malta, any contact of the minor with the parents in question is carried out under the supervision as regulated by the Directorate for Alternative Care (Children and Youths) according to the regulations and procedures that are adopted by the Access Service within the applicant's Directorate;
Upholds the fourth request and in terms of Article 18(5) of Cap. 602 of the Laws of Malta sets the hearing of the application for Thursday, 20th October, 2022, at 9.30 a.m.
Upholds the fifth request and consequently appoints Dr Martha Travers Tauss as the Advocate for Minor Children, with all the functions and obligations given to her in accordance with Article 25 of Cap. 602 of the Laws of Malta;
At this stage, it rejects the sixth and seventh request until the evidence is heard;
Orders the notification of this decree to the minor's mother Mrs Marta Iavorscaia, to the minor's father Mr Jean Pierre Schembri and to Dr Martha Travers Tauss, to the Director for Child Protection and to the Directorate for Alternative Care (Children and Youths).
The case (Application number 216/2022LL) in the names Directorate for Child Protection within the Foundation of Social Welfare Services et vs Marta Iavorscaia et is postponed to the 11th January, 2023, at 9.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2164
2164By means of a decree of the 29th November, 2022, handed down by the Juvenile Court in the records of the application number 31/2022LL in the names Directorate for Alternative Care (Children and Youths) vs minor … omissis …, the following publication was ordered for the purpose of effecting service on the respondent Joeline Grima in terms of Article 187(3) et sequitur of Cap. 12.
By means of an application in the names Directorate for Alternative Care (Children and Youths) vs minor … omissis … filed in the Juvenile Court, on the 15th February, 2022, the applicant Directorate for Alternative Care (Children and Youths) requested this Honourable Court so that it authorises that the minor … omissis … be given for adoption in terms of Article 24 of Cap. 602 of the Laws of Malta and this under those provisions that this Honourable Court deems fit and opportune that it imposes in the circumstances.
Applicant: 36, Triq l-Isptar San Luqa, Tal-Pietà
Notification: Joeline Grima: fort Bengħajsa, Triq Bengħajsa, Birzebbuġa
In the Juvenile Court
Magistrate: Dr Lara Lanfranco, MA Law (Melit.), BA, LLD
The Court,
Saw the application of Directorate for Alternative Care dated 15th February, 2022, and the requests there listed and saw also the attached documents with the same application marked as Doc. A, Doc. B and Doc. C;
Orders so that the biological mother Joelene Grima provides a reply for these requests within twenty (20) working days from the date of notification.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2165
2165Notice, Registry of the Civil Court (Family Section)
Whereas the plaintiff Joseph Brignone (ID 471888M) filed an application under oath (number 229/22 AL) demanding corrections of the Act of Birth of the minor Ellie Medina, Progressive number 5808/2021 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Vella Baldacchino
For Registrar, Civil Courts and Tribunals
Notice 2166
2166Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 8th November, 2022, following a request by the Directorate for Child Protection within the Foundation of Social Welfare Services it was ordered that deputy curators be appointed to represent Valentina Schembri in the acts of the Application Number 158/2022LL in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Valentina Schembri et vs Deputy Curators and in the other relative and subsequent acts.
By means of an Application in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Valentina Schembri (ID 335298M) and Nathan Magri (ID 117301L), filed in the Juvenile Court on the 10th July, 2022, whereby the applicant Directorate for Child Protection within the Foundation of Social Welfare Services respectfully submitted so that this Court orders:
1. On a preliminary basis and in terms of Article 18(3), it authorises the minor to reside in a licensed residence that has been approved by the respective authority and the applicant Directorate;
2. On a preliminary basis and in terms of Article 18(3), it entrusts the care and custody of the minor … omissis … in the hands of the Director of the Directorate Alternative Care (Children and Youths) such that this Director may have the power to delegate the authority to make ordinary decisions with respect to the health and education of the minor to the alternative carers;
3. On a preliminary basis and in terms of Article 18(3), it orders that any contact of the minor with the defendant mother is to take place under supervision which supervision is to be regulated by the Directorate Alternative Care (Children and Youth) according to regulations and procedures that are adopted by the Supervised Access Service within the same Directorate applicant;
4. Appoints the present application for a hearing in terms of Article 18(5) of Cap. 602 of the Laws of Malta;
5. Appoints a Children's Advocate to provide explanations, to provide any information to the minor, to assist and represent the views of the minor before this Honourable Court in terms of article 25 of Cap. 602 of the Laws of Malta;
6. Uphold the recommendations, including the issue of the welfare care order for the well-being of the minor, of the Director of the Directorate for Child Protection as set out in the report attached as Doc. X and makes them an integral part of its final decision and subsequently refers the decision of this Honourable Court to the Review Board to review the care plan of the minor in terms of Cap. 602 of the Laws of Malta.
And this under those provisions that this Honourable Court deems necessary and opportune to impose in the circumstances.
The case (Application number 158/2022LL) in the names Directorate for Child Protection within the Foundation of Social Welfare Services et vs Valentina Schembri et is postponed to the 11th January, 2023, at 10.30 a.m.
Applicant: Directorate for Child Protection, 220, Cannon Road, Santa Venera
Notification: Deputy Curators.
You are therefore ordered to affix an official copy of these banns at the entrance of this 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 aforementioned Court of Magistrates (Malta) with the witness of Magistrate Dr Lara Lanfranco, MA Law (Melit, BA, LLD, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2167
2167Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 14th July, 2022, following a request by Marise Chetcuti it was ordered that deputy curators be chosen to represent the persons mentioned in the counter protest in the acts of the counter protest number 414/2020 after protest number 318/2020 in the names Adv. Alain Muscat noe vs Novium Opportunity Umbrella SICAV et plc and in the other relative and subsequent acts.
By means of a counter protest filed in the First Hall of the Civil Courts on the 9th December, 2020, following the judicial protest number 318/2020 in the names Adv. Alain Muscat (ID 330087M) as special mandatory to the foreign company Swiss Life (Liechtenstein) AG (FL-0002.121.006-0) vs Novium Opportunity Umbrella SICAV plc (SV76) et , whereby by means of this present counter protest of Marise Chetcuti (ID 204273M) respectfully submits:
The applicant refers to the judicial protest bearing number 318/2020 as well as judicial protest bearing number 338/2018 as also referred to by Dr Alain Muscat as special mandatary of Swiss Life (Liechtenstein) AG (Swiss Life) and rejects the allegations raised against him as completely unfounded both in fact and at law for the following reasons amongst others:
1. Firstly any action against Marise Chetcuti is barred by prescription;
2. Secondly and without prejudice to the above, the allegations in the judicial protest are – insofar as Marise Chetcuti is concerned – frivolous and vexatious, because Marise Chetcuti resigned from his role as director prior to the occurrence of the alleged abusive conduct mentioned in the judicial protest; in fact, despite the fact that this default had been outlined by Marise Chetcuti in her judicial protest bearing number 439/2018, Swiss Life patently fails again to explain how Frank Chetcuti Dimech breached her legal obligations, or in any other way participated in conduct that gave rise, or could have given rise, to damages suffered by Swiss Life;
3. Thirdly, and without prejudice to the above, Marise Chetcuti reiterates that she does not have, and has never had, any judicial or other relationship with Swiss Life, and therefore, Swiss Life has no right of action or recourse against Marise Chetcuti; and
4. Fourthly, and without prejudice to the above, Marise Chetcuti categorically denies that he acted in an abusive manner and/or caused any damages to Swiss Life and asserts that she always fulfilled her duties and obligations according to law, applicable regulations and the contract by which she was appointed as director.
Therefore, Marise Chetcuti, whilst bringing the above to the attention of Swiss Life once again, formally solicits Swiss Life to immediately desist from making any further unfounded and baseless allegations of the nature contained in the judicial protest and/or similar allegation and holds Swiss Life responsible for any damages she may suffer, whether directly or indirectly as a result of its illegal and abusive conduct.
With costs and express reservation or any other rights, remedies and additional defences available.
Applicant: Marise Chetcuti, 23, Flat 2, Kendall Court, Triq Paul Borg Olivier, Birkirkara BKR 4310, Malta
Notification:
Novium Opportunity Umbrella SICAV plc, 35, the Penthouse, Triq Salvu Psaila, Birkirkara BKR 9072, Malta
Novium AG, CH-8702: Zollikon, Alte Landstrasse 101, Surich 8702, Switzerland
Paolo Bruckner, 8700 Kusnacht, Tagerhalde 5, Switzerland
Jonathan De Giovanni, Swieqi Residential Complex, Block F, Suite 1, Triq il-Qatta, Swieqi SWQ 3064, Malta
Charles Ingham, Valley View, Fl 18, Triq Sir Joseph Carbone, St Julian's, Malta
Mark Meyer, 8103 Unterengstringen, Rainstrasse 9, Switzerland
Mario Praschil, 6811 Gofis, Am Gatter 8, Austria.
Guido Mizzi, T 6B18, Favray Court, Tigné Point, Midi, Tas-Sliema TP 01, Malta
Sandro Bartoli, Flat 9, Victoria Flats, Victoria Junction, Tas-Sliema SLM 1832, Malta
Joseph Portelli, The Royal Lady, Triq Sant'Antnin, Għajnsielem, Għawdex, Malta
Frank Chetcuti Dimech, 5 Aroha Lane, Triq Rudolf, Tas-Sliema SLM 1290, Malta
Michael Cohan, CH-8702 Zollikon, Schwendenhaustrasse 10, Switzerland
Marc Stefan Datwyler, CH-8700 Kusnacht, Eigenheimstrasse 38, Switzerland.
Werner Mathys, CH-8124 Maur Puntstrasse 27, Switzerland
Raul Cortes Moreno, CH-8810 Horgen, Suterweg 1, Switzerland
Michele Mugnai, CH 6944 Cureglia, Via Pianello 9, Switzerland
Sandro Perazza, CH-8962 Bergdietikon, Stienackerstrasse, 9, Switzerland
Bank of Valletta plc, BOV Centre, Cannon Road, Santa Venera, Malta
MFSA – Triq Notabile, Ħ'Attard BKR 3000, Malta
Registrar of Companies: Triq Notabile, Ħ'Attard BKR 3000, Malta
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. Mr Justice Grazio Mercieca LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2168
2168By a decree of the Court of Magistrates (Malta) of the 2nd November, 2022, the publication of the following extract was ordered for publication the purpose of service on the respondent Maria Carabott in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Francis Carabott (ID 0632850M) of 10, St Anthony, Flat 2, Triq Antonio Doublet, Marsa, filed a Claim on the 9th June, 2021, whereby he asked the Court to condemn Rosario sive Louis Carabott (ID 678946M), Maria sive Marie wife of the same Rosario Carabott (ID 651949M) of 39, Triq l-Imdina, Ħ'Attard, Elivia Cini as the absolute mandatory of her father Rosario sive Louis Carabott and also her husband Etienne Cini for any interest he may have, and by means of an application filed on the 11th October, 2022, the plaintiff Francis Carabott requested so that the defendant Maria Carabott (ID 651949M) widow of Rosario Carabott assumes the acts of the case instead of her husband who died during the case.
Court of Magistrates (Malta)
Magistrate: Dr Rachel Montebello, LLD
The Court,
After seeing Article 806 et sequitur of Cap. 12, orders that the application and the decree be notified to the respondent Maria Carabott as the presumed heir who has one month to declare if she is going to continue with the case instead of the late respondent Rosario Carabott.
The case (Notice Number 158/2021RM) is postoned for hearing for the 14th December, 2022, at 9.00 a.m.
Notification: Maria Carabott, 39, Triq l-Imdina, Ħ'Attard
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2169
2169By a decree of the Court of Magistrates (Malta) of the 1st December, 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).
Notary Sarah Bugeja (ID 48188M) of 38, Triq Sir Temi Zammit, Ħal Tarxien, filed a Claim on the 10th November, 2021, whereby they asked the Court to condemn Charter Properties Ltd (C69311) of Lara Buildings, Apt 3, Triq Ġużeppi Calleja, Iklin, and/or Misraħ Ta' Ċenċ, Flat 1, Block B, Triq Palazz Palina, Ta' Sannat, Gozo, to pay the plaintiff the sum of €7,894.64, which amount is due to the plaintiff.
With costs and interest
The case (Notice number 313/2021VGA) is to be heard before Magistrate Dr Victor G. Axiak, LLD
Notification: Charter Properties Ltd (C69311) of Lara Buildings, Apt 3, Triq Ġużeppi Calleja, Iklin, and/or Misraħ Ta' Ċenċ, Flat 1, Block B, Triq Palazz Palina, Ta' Sannat, Gozo; and
Jeffrey Attard as company secretary of Charter Properties Ltd of Lara Building Apt 3, Triq Ġużeppi Calleja, Iklin
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2170
2170By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st October, 2022, Application number 2189/2022, by Carmelo Formosa whereby he requested that it be declared open in favour of Carmelo Formosa, Maryanne Agius, Josephine Sciberras, Joan Mifsud and Anthony Formosa brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them the succession of Mariano Formosa, bachelor, son of the late George Formosa and Carmela Formosa née Bartolo, born in Mosta, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 14th June, 2022, aged 67, and who held identity card number 850654M.
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 2171
2171By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th October, 2022, Application number 1980/2022, by Josephine Hayman et whereby they requested that it be declared open in favour of Josephine Hayman, 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 Etienne Hayman, Eman Hayman and William Hayman children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of William Hayman husband of Josephine Hayman, son of the late William Hayman and Mary Hayman née Ciantar, born in Ħal Tarxien, Malta, resided in Fgura, Malta, and died in Ħal Luqa, Malta, on the 16th April, 2022, aged 74, and who held identity card number 0828047M.
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 2172
2172By decree given by the Civil Court, First Hall, on the 3rd October, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 23rd March, 2023, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
The tenement with two entrances numbered two hundred and five (205) and two hundred and seven (207), in Triq it-Torri, Tas-Sliema, situated on the ground floor level, free and unencumbered, with all its appurtenances, which tenement is underlying a block of flats with entrance numbered two hundred and six (206) and overlying a basement level which consists of a number of garages, all property of third parties. This tenement is accessible from seven (7) steps that give access from the kerbside level onto the common area which gives direct access to the entrances of the said tenement and as well to the common entrance of the block of flats numbered two hundred and six (206). In spite that this tenement has two entrances, the internal space is one. The tenement enjoys the use of the block of flats common areas which include the entrance, the stairs and stairs landings, the lifts and the lift shaft, the drainage system and as well as the areas and services of the block intended for the common use, and enjoys to the right of installation of a television aerial and as well as laying a water tank on the roof, including the right of access to the roof for the purpose of carrying out maintenance works and necessary repairs. This tenement is bounded on the north with the said Triq it-Torri, on the east by property of Charles Vella or his successors in title and on the west by property of George Borg or his successors in title and was acquired by means of two contracts being in the acts of Notary John Gambin dated sixth August, of the year nineteen hundred, ninety three (6.8.1993) and in the acts of Notary Richard Vella Laurenti dated sixth December, of the year nineteen hundred and ninety five (6.12.1995) and is valued at two million, one hundred and eighty eight thousand euro (€2,188,000).
The said tenement is the property of Events Travel and Incentives Ltd (C13049) and by decree dated 30th June, 2022, were nominated as deputy curators Dr Leontine Calleja and LP Peter Sammut for the absent society.
N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2022.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 2173
2173By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th November, 2022, Application number 2260/2022, by Advocate Dr Andrew James Abdilla, whereby he requested that it be declared open in favour of Doctor Andrew James Abdilla and Edward Patrick Abdilla children of the decujus in equal shares between them the succession of Anna Maria Balzan previously Abdilla, legally separated from Mark Abdilla, daughter of the late Francis Xavier Balzan and Mary Balzan née Chetcuti, born in Tas-Sliema, Malta, resided in Swieqi, Malta, and died in Msida, Malta, on the 11th April, 2018, aged 56, and who held identity card number 0324161M.
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 2174
2174By decree issued by the Civil Court, First Hall, on 14th November, 2022, in the acts Warrant of Prohibitory Injunction number 788/2022/1ISB, which was presented on 13th June, 2022, in the names: Falzon Joseph and Falzon Georgina vs Farrugia Mario and Farrugia Maria Dolores the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: To order the issuance of Warrant of Prohibitory Injunction in question against the respondent.
The Warrant of Prohibitory Injunction in the names mentioned above is postponed to 23rd November, 2022, at 9.30 a.m.
Notification Respondent: Farrugia Maria Dolores, Hesri Flats number 3, Triq Ta' Binja, Siġġiewi
Register of the Superior Courts, today 21st November 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2175
2175By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 28th September, 2022, in the acts of Constitutional Application number 297/2022RGM, which was presented on 10th June, 2022, in the names: Fenech Sharon vs Camilleri Filomena sive Phyllis et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: It orders that appropriate compensation be paid (pecuniary and non-pecuniary) for all the years that the claimant suffered and is suffering due to violation of her rights. With the costs and legal interests against the same respondents who are from now summoned so that a reference to their evidence be made.
The Constitutional Application in the names mentioned above is postponed to 29th November, 2022, at 9.10 a.m.
Notification Respondent: Camilleri Filomena sive Phyllis, 123, Triq San Kristofru, Valletta
Register of the Superior Courts, today 21st November, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2176
2176By decree issued by the Civil Court, First Hall, on 4th November, 2022, in the acts of the Sworn Application number 746/2022RGM, which was presented on 12th August, 2022, in the names: Stivala Vincent and Stivala née Maksyukova Oxana Vladimirovna vs Wolfgang Roehler sive Rohler the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the defendant to pay the liquidated damages. With all the costs against the defendant who is now summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 23rd November, 2022, at 9.00 a.m.
Notification Respondent: Wolfgang Roehler sive Rohler, Flat 25, Hampton Court, Block B, Triq il-Qroll, St Paul's Bay
Register of the Superior Courts, today, 21st October, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2177
2177By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th October, 2022, Application number 2036/2022, by Soamy Zammit Pace et whereby they requested that it be declared open in favour of Soamy Zammit Pace in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Sharon Zivanovic as legitimate representative of her minor son Anthony Zammit the succession of Reuben Zammit, legally separated from Sandra Zammit née Pace, son of the late Anthony Zammit and Nazzarena Zammit née Mifsud, born in Tal-Pietà, Malta, resided in Ħamrun, Malta, And died in Ħamrun, Malta, on the 15th May, 2021, aged 45, and who held identity card number 0476275M.
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 2178
2178By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 11th July, 2022, Application number 1256/2022, by Anthony Guillaumier, Jonathan Guillaumier, Gordon Guillaumier and Clara Shaw née Gauillaumier, whereby following the application Yvette Guillaumier née Galea, wife of Anthony Guillaumier, daughter of the Publius Galea and Itala Galea née Agius, born in Gżira, Malta, on the 11th September, 1942, aged 80 and residing in Tas-Sliema, Malta, and holding identity card number 570342M, was interdicted from all the acts of the civil life by means of a decree given on the 4th October, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2179
2179By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 11th February, 2022, Application number 253/2022, by Lawrence Attard Glivau, whereby following the application Imelda Attard Glivau née Abdilla, widow of Paul Attard Glivau, daughter of the late George Abdilla and Giswarda Abdilla née Vella, born in Birżebbuġa on the 1st October 1941, aged 80, and residing in Birżebbuġa, Malta and holding identity card number 572641M, was interdicted from all the acts of the civil life by means of a decree given on the 3rd October, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2180
2180By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st October, 2022, Application number 2123/2022, by Sonia Fenech et whereby they requested that it be declared open in favour of Sonia Fenech, wife of the decujus and Natasha Fenech, daughter of the decujus in the quota of one half (1/2) undivided share each one of them the succession of John Fenech, husband of Sonia Fenech, son of John Mary Fenech and Carmela Fenech née Camilleri, born in Pieta, Malta, resided in Mosta, Malta and died in Msida, Malta, on the 26th April, 2022, aged 58, and who held identity card number 460263M.
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 2181
2181By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd August, 2022, Application number 1677/2022, by Oliver Sammut et whereby they requested that it be declared open in favour of Oliver Sammut, Ruth Borg and Architect Jessica Sammut nephew and nieces of the decujus in equal shares between them the succession of Alfred Sammut, bachelor, son of the late Giovanni Maria Sammut and Rosa Anna Sammut née Fenech, born in Mellieħa, resided in Mellieħa and died in Mellieħa, Malta, on the 24th March, 2022, aged 83, and who held identity card number 80039M.
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 2182
2182By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th September, 2022, Application number 1918/2022, by Anthony Sammut et whereby they requested that it be declared open in favour of Anthony Sammut, Doreen Azzopardi and Franco Sammut children of the decujus in the quota of one third (1/3) undivided share each one of them the succession of Anna Sammut, widow of Valentino Sammut, daughter of Anthony Camilleri and Antonia Camilleri née Muscat, born in Valletta, Malta, resided in Valletta, Malta and died in Msida, Malta, on the 15th May, 2022, aged 78, and who held identity card number 442744M.
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 2183
2183By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th October, 2022, Application number 2070/2022, by Carmen Vella et whereby they requested that it be declared open in favour of Carmen Vella née Spiteri, daughter 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 Antoine Spiteri, Ilona Camilleri, Amanda Mercieca and Engilbert Spiteri children of the late Mario Spiteri the latter son of the decujus in equal shares between them the succession of Luiga Spiteri née Degabriele, widow of Publio Spiteri, daughter of the late Giovanni Degabriele and Emilia Degabriele née Abela, born in Valletta, Malta, resided in Paola, Malta, and died in Msida, Malta, on the 25th April, 2022, aged 93, and who held identity card number 0521528M.
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 2184
2184Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 21st March, 2022, following a request by Saveria Caruana it was ordered that deputy curators be appointed to represent the unknown owners who have the directus dominus in the acts of the schedule of deposit number 501/2022 in the names Saveria Caruana 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 on the 17th March 2022, in the names Saveria Caruana, widow of Carmelo Caruana, pensioner, daughter of the late Carmelo Grech and Paola née Bonnici, born in Marsaxlokk on the 21st January 1936 and residing in Marsaxlokk (ID 113536M) vs Deputy Curators to represent the unknown owners who have the directus dominus, the applicant Saveria Caruana (ID 113536M) respectfully submitted:
That the applicant is the owner of the premises number 11B, Triq San Franġisk, Marsaxlokk (Doc. A);
That originally, 3/4 undivided share of the premises 11, Triq San Franġisk, Marsaxlokk, was acquired by Teresa Caruana and Michele Incorvaja, brother and sister Incorvaja, from Anna Montebello, Antonia Vella, Giuseppa Caruana and Paolo Incorvaja, brothers and sisters Incorvaja, by means of a deed in the records of Notary Joseph Felix Abela dated 6th December, 1954, subject to the annual and perpetual groundrent of a shilling (Doc. B);
That in the said contract it was declared that the property was inherited by the siblings Incorvaja from their parents Francesco and Catherine spouses Incorvaja;
That by means of the contract above mentioned Teresa Caruana and Michele Incorvaja became the coowners of the whole share of the property;
That by means of a contract of division in the records of Notary Joseph Felix Abela dated 23rd April, 1955, the premises was divided into two and Teresa Caruana was assigned the premises 11B, Triq San Franġisk, Marsaxlokk, subject to the annual and perpetual groundrent of 3 pence (Doc. C);
That Teresa Caruana died ab intestato on the 24th July, 1982, and was inherited by her husband and her two children Rosaria and Carmelo according to law and this as was declared in the subsequent contracts;
That by means of a contract in the records of Notary Joseph Cachia dated 3rd July, 1984, Carmelo Caruana, during his marriage to Saveria Caruana, acquired half undivided share from his sister Rosaria Grech, wife of Joseph Grech of the premises (Doc. D);
That Carmelo Caruana died on the 13th December, 2016, and by means of will in the records of Notary Tonio Spiteri dated 5th February, 2008, he nominated his wife Saveria Caruana as his universal heir (Doc. E);
Thus Saveria Caruana is the owner of the premises mentioned;
That the applicant wishes to avail herself from the option given to her in terms of article 1501 of the Civil Code (Cap. 16) and redeem the above mentioned groundrent regarding the premises 11B, Triq San Franġisk, Marsaxlokk;
That the annual and perpetual groundrent is that of 3 pence which is equivalent to €0.18 capitalised with the rate of 5% amounts to €3.60;
That the annual and perpetual groundrent of these last 5 years amounts to €0.90;
The contracts above mentioned do not mention to whom the groundrent is payable thus together with this schedule of deposit and redemption of groundrent an application for the nomination of deputy curators to represent the direct owners of the groundrent is being filed.
Thus, the applicant is requesting this Honourable Court so that under its authority deposits the amount of €4.50 representing the annual and perpetual groundrent capitalised with the rate of 5% regarding the premises above mentoned, and also the groundrent for the last 5 years which amount is freely withdrawn in favour of the direct owners and this according to those provisions that this Honourable Court deems fit.
Applicant: 11B, Triq San Franġisk, Marsaxlokk
Respondent: Deputy Curators
Director Public Registry, Triq id-Dejqa, Valletta
Director Lands Registry, 116, Triq il-Punent, Valletta
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. Mr Justice Toni Abela, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2185
2185Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 7th September, 2022, following a request by SCM Property Management Co. Limited it was ordered that deputy curators be chosen to represent company Altada Technology Solutions Limited in the acts of the judicial letter number 2942/2022 in the names SCM Property Management Co. Limited vs Deputy Curators and in the other relative and subsequent acts.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 8th July, 2022, SCM Property Management Co. Limited (C77651) of SmartCity (Malta) Limited, Ricasoli, Kalkara, SCM1001, Malta, against Deputy Curators to represent Altada Technology Solutions Limited (C601167) of Joyce House, Barrack Square, Ballincollig Co. Cork, Ballincollig, Cork, P31D825, Ireland; whereby SCM Property Management Co. Limited whilst making reference to the contract of lease dated the 17th May, 2021 (hereinafter referred to as the Lease Agreement) by means of which the claimant company granted you under title of lease the office known as Unit 405, located on the fourth floor of the block known as SCM01 in Smart City Malta, Ricasoli, Kalkara, Malta, calls upon you to pay within fifteen (15) days from the notification of this judicial letter, the total amount of €56,811.21 with respect to the sum of €47,612.57 representing arrears of rent for the period between the 1st of January, 2022 and the 13th of September, 2022, with respect to the sim of €8,615.17 representing arrears of Service Charge for the period between the 1st of October, 2021 and 13th September, 202,2 and with respect to the sum of €583.47 representing arrears of utilities for the period between 6th September, 2021 and 6th June, 2022, which amounts are due to the claimant in terms of the said Lease Agreement.
That in the event that you remain in default despite the time period granted to you above, the claimant, without prejudice to any other remedy available to the claimant in terms of the Lease Agreement and at law, reserves ther ight to prceed with the termination of the Lease Agreement in terms of Article 6.2 of the same Agreement.
So much for your better guidance and to avoid unnecessary costs and procedures.
With costs and reserving any right due to the claimant for any penalties and other sums due to it uneer the terms of the Lease Agreement as well reserving any action for damages suffered by the claimant as a result of your contractual defaults.
With costs
Interpellant: SmartCity (Malta) Limited, Ricasoli, Kalkara SCM 1001, Malta
Respondents 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. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2186
2186By a decree of the Small Claims Tribunal of the 30th June, 2022, 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).
Alf Mizzi & Sons (Marketing) Limited (C8692) of Zachary House, Marsa Industrial Estate, Marsa filed a claim on the 31st May 2022, whereby they asked the Tribunal to condemn Franklyn Borg (ID 563882M) of Solitaire, Flat 3, Triq tal-Azjar, Ħal Safi, and Grace Anne Cachia, to pay the plaintiff company the sum of €2,329.83 which amount is due to the plaintiff company.
With costs and legal interests
The case (Application number 165/2022DBM) is deferred to the 6th December, 2022, at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2187
2187By a Decree of the 18th Novembru, 2022, 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 Bank of Valletta plc on the 16th November, 2022, the approval of the said judicial acts is being demanded for the amount of €141,000 following judicial sale by auction 26/22 in the names Bank of Valletta plc (C2833) vs Joshua Mifsud (ID 205478M) and Maria Dolores Sant (ID 367284M) held under the Authority of the said Court on the 10th November, 2022.
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
Notice 2188
2188By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st December, 2021, Application number 2193/2021, by Noel Chircop, whereby following the application Rosa Maria Chircop, daughter of Antonio Ferò and Maria Ferò née Borg, born in Valletta and residing at St Thomas Community Living, Wied il-Għajn, and holding identity card number 309738M, was interdicted from all the acts of the civil life by means of a decree given on the 26th August, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2189
2189Notice, Registry of the Civil Court, First Hall
Whereas Antonello Naudi sive Rizzo Naudi (ID 256661M) filed an application under oath (number 1086/22 JVC) demanding the correction of the Act of Public Registry bearing number 2566/1961 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 2190
2190Notice, Registry of the Civil Court, First Hall
Whereas Lynne Abela (ID 34896M) filed an application (number 889/2022JVC) demanding the correction of the Act of Public Registry number 348/1996 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 2191
2191By decree issued by the Civil Court, First Hall, on 19th September, 2022, in the acts of Sworn Application number 725/2022CFS, which was presented on 8th August, 2022, in the names: Michael Debono Ltd vs Catania Carmelo, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemns the defendant to pay the sum of thirty-one thousand, two hundred and three euros and sixty-six cents (€31,203.66c) to the plaintiff company. With all the costs and with the legal interest against the defendant who from now is summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 16th December, 2022, at 10.00 a.m.
Notification Respondent: Catania Carmelo, Blk A, Flt 9, Triq il-Ħawħa, San Ġwann
Register of the Superior Courts, today 21st November 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2192
2192With a decree issued by the Civil Court, First Hall, on 1st March, 2022, in the acts of Sworn Application number 1195/2021NC, which was presented on 6th December, 2021, in the names: Commissioner for Revenue vs Digisec Media Ltd, the following publication was ordered, pursuant to Article 187(3) et Sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: To order the registration of the document attached to this application as its official copy so that the same document constitutes an executive title, and secondly it orders that a copy of this application and the document attached to it be served on the respondent society in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.
The Sworn Application in the names mentioned above is postponed to11th January, 2023, at 9.30 a.m.
Notification Respondent: Digisec Media Ltd, The Hub Workplace, Suite E105, Triq Sant'Andrija, San Ġwann
Register of the Superior Courts, today 21st November, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2193
2193By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 26th October, 2022, in the acts of Constitutional Application number 429/2022TA, which was presented on 18th August, 2022, in the names: Saliba Richard et vs State Attorney et, the following publication was ordered, in accordance with Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemns the respondent State Attorney to pay the same compensation and damages thus liquidated and in terms of the Law, with legal interest until the date of effective payment. With all costs against the same respondents who remain from now summoned so that a reference to their evidence be made.
The Constitutional Application in the names mentioned above is postponed to11th January, 2023, at 9.30 a.m.
Notification Respondent: Micallef Rose. Iris, Triq il-Papa Piju XII, Birkirkara
Register of the Superior Courts, today 21st November, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2194
2194By decree issued by the Civil Court, First Hall, on 20th October, 2022, in the acts of Sworn Application number 685/2022FDP, which was presented on 1st August, 2022, in the names: Balzan Kristian noe vs De Mercur Gabriel, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Declare that the decisions given on 28th May, 2021, by the Regional Court for Civil Matters Vienna, Austria and on 10th September, 2021, by the Higher Regional Court Vienna, Austria are enforceable by Alexander de Mercur against the respondent Gabriel de Mercur in their entirety, including all costs, with legal interest until the date of effective payment.
The Sworn Application in the names mentioned above is postponed to 9th January, 2023, at 9.30 a.m.
Notification Respondent: De Mercur Gabriel. Flat 6, Hacienda, Triq Nathalie Pouliatin Tabone, Tas-Sliema
Register of the Superior Courts, today 21st November 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2195
2195With a decree issued by the Civil Court, First Hall, on 27th May, 2022, in the acts of Sworn Application number 1196/2021AJD, which was presented on 6th December, 2021, in the names: Commissioner for Revenue vs Digisec Media Ltd, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: To order the registration of the document attached to this application as its official copy so that the same document constitutes an executive title, and secondly it orders that a copy of this application and the document attached to it be served on the respondent society in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.
The Sworn Application in the names mentioned above is postponed to 9th December, 2022, at 9.10 a.m.
Notification Respondent: Digisec Media Ltd, The Hub Workplace, Suite E105, Triq Sant'Andrija, San Ġwann
Register of the Superior Courts, today 21st November, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2196
2196With a decree issued by the Civil Court, First Hall, on 30th November, 2021, in the acts of Sworn Application number 698/2021NC, which was presented on 20th July, 2021, in the names: Commissioner for Revenue vs Damjen Joakim Olsson, the following publication was ordered, pursuant to Article 187(3) et Sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: To order the registration of the document attached to this application as its official copy so that the same document constitutes an executive title, and secondly it orders that a copy of this application and the document attached to it be served on the respondent society in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.
The Sworn Application in the names mentioned above is postponed 7th December, 2022, at 9.45 a.m.
Notification Respondent: Damjen Joakim Olsson, Benrus Building, Flt 6, Triq in-Naxxar, San Ġwann
Register of the Superior Courts, today 21th November, 2022
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2197
2197By means of a decree of the 11th October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Sanella Attard vs Marc Elliot Lesley James, Application number 307/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Marc Elliot Lesley James 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 Sanella Attard (ID 474886M) vs Marc Elliot Lesley James (ID 21793A), filed in the Civil Court (Family Section), on the 1st June 2022, the applicant Sanella Attard (ID 4748886M) vs Marc Elliot Lesley James (ID 21793A) requested this Honourable Court to, in terms of the dispositions of Article 66B of Cap. 16, this Honourable Court orders, prior to the hearing of the parties as intended in Article 66C of Cap. 16 also in order to establish the existence of those conditions intended in the said Article 66B, to declare the dissolution of the marriage between the parties as intended in the said Article 66C.
With costs
Applicant: 105, Panaia, Triq il-Fossi, Birzebbuġa
Notification respondent: Flat 1, Triq in-Nigret, Żurrieq
The Application in the names Sanella Attard vs Marc Elliot Lesley James, Application number 307/2022AL has been postponed for hearing to the 6th December, 2022, at 9.15a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2198
2198By order given by the Court of Appeal (Superior Jurisdiction) on 27th October, 2022, in the records of Application number 373/2014/1 in the names Daniel Mountford vs Hotel San Antonio plc the following publication was ordered for the purpose of service of the notice of hearing to Daniel Mountford pursuant to Section 187 (3) et sequitur of Cap. 12.
By a Notice of Hearing of a cause issued by the Registry of the Court of Appeal on the 14th February, 2022, and since the written proceedings before the Court of Appeal in the case between Daniel Mountford vs Hotel San Antonio plc have been closed, the Court has set the hearing for this cause for the 12th January, 2023, at 9.25 a.m.
Notification: Daniel Mountford, Flat 10, Dolmen Court, Triq Għawdex, Qawra
Adv. Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals