Court Notices published in Govt. Gazette no 20,808 of 16th March 2022

By mean of a decree, given by the First Hall Civil Court, on the 16th February, 2022, Application for Revocation number 1107/21 NC, Records of the Precautionary Garnishee Order number 1605/21 NC, in the names Maria Lourdes Fenech (ID 0786459M) vs No Deposit Cars Malta Ltd (C85780) the following publication was ordered for the purpose of service of Maria Lourdes Fenech, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the First Hall Civil Court, Records Warrant of Precautionary Garnishee Order number 1605/21 NC, in the names Maria Lourdes Fenech (ID 0786459M) vs No Deposit Cars Malta Ltd (C85780) on the 11th November, 2021, by the Company No Deposit Cars Malta Ltd (C 85780) respectfully pleaded:

That the warrant in the names premised was issued for the amount of one hundred forty four thousand euro (€144,000) representing value of the contract of hire purchase concluded between the creditor and the debtor company for the vehicle of the Type Mercedes GLE Chassis number WIN 1673232A242218, the rescission of which contract is being demanded together with a demand for the refund of the amounts paid and the resulting demands. A lawsuit is being presented in this sense by the creditor together with this warrant';

That this warrant was issued in violation of that provided by Article 836(1) and (D) and (F) of Cap. 12 of the Laws of Malta and furthermore the creditor is to be retained liable for the penalties contemplated in subparagraph (8) of the same Article 836 since that the request for the issue of the present warrant was maliciously made and is frivolous and vexatious in terms of sub-paragraph (d) of this subparagraph;

That the interpellant company is attaching with this application Doc. ND1 the reply with the counter claim presented by the creditor. According to this document it clearly emerges that till this day the creditor paid only to the sum of one thousand seven hundred euro (€1700) to the interpellant company;

That according to the last demand made in the Counter Claim the creditor is also asking for the liquidation of the damages allegedly suffered due to the behaviour of the interpellant.

Thus, the interpellant company respectfully prays so that this Honourable Court:

1. Cancels and revoke completely the warrant premised in terms of Article 836 (1) (d) and (F) of Cap. 12 of the Laws of Malta or subsidiarily revokes it in part in the sense that it reduces it to the sum of two thousand and two hundred euro (€2,200);

2. Condemn the creditor to pay a penalty as contemplated in Articles 836 (8) 9() of Cap 12 of the Laws of Malta;

3. Condemn the creditor to pay the costs of these procedures and the warrant premised.

Notify Creditor: Maria Lourdes Fenech, Carmel Court, No. 3, Triq San Ġużepp, Mosta

Applicant Company: No Deposit Cars Malta Limited, Sharay, Triq il-Fraxxnu, St Julian's

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on 28th February, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for all purposes and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure.

Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Schedule number 43/2022 SG

Angela Muscat (ID 83750G), pensioner, widow of Peter Muscat, daughter of the late Marcel Grima and Paola née Tabone, born in Nadur, Gozo, on 30 October 1950, living in New York, United States of America, represented by Dr Mario Scerri

vs

nominated deputy curator to represent the unknown person or persons entitled to receive the payment of the ground rent of the premises described below.

Schedule of deposit and concurrent redemption of ground rent of Dr Mario Scerri nomine.

Respectfully state:

That the applicant together with others are the owners of a portion of land called 'Tal-Ġunta' in the district bearing same name known as 'Tal-Ġunta' or 'Ta' Gażaman' in Triq Daħlet Qorrot, Nadur, Gozo, measuring about 1,500 square metres, divided into four divided portions of about 375 square metres each by virtue of a deed of partition of the 6th July, 1960, in the records of Notary Giuseppi Cauchi, the whole boundary on the south by a road, on the east by property of Maria Debono and on the north by property of Giusepp Vella or their successors in title, shown bordered in red on the plan and site-plan attached document A;

That the said land is subject to an annual and perpetual ground rent of €1.22c, which the applicant and none of the other owners have any clue as to whom it is payable, and from the researches effected the original concession did not result, except from the 1960 deed of partition which makes reference to this ground rent which burthens the whole land;

That the applicant wishes to redeem the ground rent burthening the land described above and this in terms of article 1501 of the Civil Code.

Accordingly, the applicant is acting before this Honourable Court and hereby deposits under its authority the sum of €24.40 in favour of the same unknown third parties and this in terms of the said article of the aforementioned Civil Code, to be paid to the same respondent as described above as payment for the settlement of the above-mentioned redemption of the ground rent, which together with an amount equivalent to the payment of one year's rent as a laudemium payment and also for payment of the last five ground rent maturities, totalling €31.72, and this following the issuance of the relative receipt.

(signed) Avv. Mario Scerri

You are therefore ordered to affix an official copy of these banns at the entrance of this Court and hereby summon any person who wishes to enter as curator to appear within six (6) days in this Registry and file a note of this fact that he undertakes to do so.

You are also ordered to inform one and all that if they do not make this declaration within the time allowed, this Court will proceed to select a curator of office. And after you have done so, or if you encounter any obstruction in the execution of these banns, you are to inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, above mentioned with the testimony of Magistrate Dr Simone Grech, Magistrate of the aforesaid Court.

Superior Jurisdiction, General Section

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)