Court Notices published in Govt. Gazette No. 20,839 of 19th April 2022

By order of the Civil Court, First Chamber, Constitutional Jurisdiction, on 16th March, 2022, in the acts of Constitutional Application number 752/2021MH, filed on 19th November, 2021, in the names Cauchi Catherine vs Zammit Alfred et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Condemn the respondents or any of them to pay the same compensation and damages thus liquidated, with the legal interest of 8% per annum from the date of the effective payment. With costs and injunction of the respondents so that a reference to their evidence be made.

The Constitutional Application in the above names is adjourned for hearing on 11th May, 2022, at 9.00 a.m.

Service Respondent: Alfred Zammit, 3, Alfred, Triq Birżebbuġa, Ħal Għaxaq

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 30th March, 2022, on the application of HSBC Bank Malta plc (C3177), Tuesday, 6th September, 2022, at half past eleven in the morning (11.30 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:

Apartment number three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Rue D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Rue D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID 24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall, Civil Court, on the 25th March, 2022, as presided, Application in the names Keith Spiteri et vs Alessandro sive Alex Mercieca, Application number 1067/21 CFS, the following publication was ordered for the purpose of service of the defendant Alessandro sive Alex Mercieca, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Keith and Maria Spouses Spiteri (ID 51175M and 274176M) respectively vs Alessandro sive Alex Mercieca (ID 85363M) on the 28th October, 2021, the applicant Keith and Maria spouses Spiteri asked this Honourable Court,

1. To declare that the respondent failed to honour the obligations assumed by him by means of a deed of preliminary agreement of the 4th May 2020, that he did not appear for the publication of the final deed of sale without a valid reason at law and uphold amongst the demands in the application, the demand so that the respondent within a short and peremptory period comes forward for the publication of the contract.

With costs, as demanded in the application and interest against the defendant from now summoned so that a reference to his evidence be made.

The Application number 1967/21 CFS, in the names Keith Spiteri et vs Alessandro sive Alex Merciecva, has been deferred for hearing to the 23rd May, 2022, at 8.30 a.m.

Notify Defendant: 4, 'Anil' Triq il-Ħawt, Swieqi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 23rd February, 2022, in the records of the Application in the names Commissioner for Revenue vs IC Consultants Limited (C62574), Application number 1212/2021 NC, the following publication was ordered for the purpose of service of the respondent company IC Consultants Limited, in terms of Article 187(3) et sequitur of Cap. 12.

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance and Employment, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Finland, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Employment, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent company owes tax to the applicant authority of Finland in the amount of eleven thousand, two hundred and forty five euro and thirty four cents (€11,245.34), as results from the Uniform Enforcement Instrument here attached and marked as Doc. 'A', together with interest due by law;

That the respondent company has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent company has a right to a translation of the attached document into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent company that it may request the mentioned translation within seven (7) days of service of the mentioned document;

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A' and Doc. 'B', to be served upon the respondent company according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. 'A' as an official copy, such that said document constitutes executive title.

Applicant:       Commissioner for Revenue, Office of the Commissioner for Revenue, Floriana FRN 0170

Respondent:    5th Floor, Office Block de Tigne, 77, Fawwara Lane, Tas-Sliema SLM 1671

Document List

Doc. 'A': 'Uniform Enforcement Instrument' issued by the requesting authority of Finland

Doc. 'B': Document that informs the respondent company of its right to request a translation of Doc. 'A'

The Application in the names Commissioner for Revenue vs IC Consultants Limited, Application number 1212/2021 NC, has been deferred for hearing to the 3rd May, 2022, at 9.15 a.m.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2022, Application number 422/2022, by Mario Borg et whereby they requested that it be declared open in favour of Mario Borg and Rita Borg nee Dimech, parents 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 Christopher Borg and Alexia Borg, brother and sister of the decujus, in the quota one fourth (1/4) undivided share each one of them  the succession of  Roberto Borg, bachelor, son of Mario Borg and Rita Borg née Dimech, born in Tal-Pietà, Malta, resided in Kappara, San Ġwann, Malta, and died in San Ġwann, Kappara, Malta, on the 30th December, 2021, aged 44, and who held identity card number 355177M.

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

By order given by the Civil Court, First Hall, on 10th March, 2022, in the acts of the Sworn Application number 1189/2021NC, which was filed on 3rd December, 2021, in the names Sammut Concrete Supplies vs Ebejer Max Junior, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Chapter 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the respondent to pay the applicant company the sum of eighteen thousand, five hundred and eighty-eight euros and eighty-two cents (€18,588.82c). At all costs and with legal interest until the date of effective payment against the respondent who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the above names is adjourned for hearing on 12th May, 2022, at 9.15 a.m.

Service Respondent: Max John Ebejer, 45, Lelcarm, Triq Nerik Sacco, Marsa

CARMEL ABELA,  M.SC. IN MANAGEMENT, DPA,  DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, Constitutional Jurisdiction, on 16th March, 2022, in the acts of Constitutional Application number 60/2022RGM, filed on 31st January, 2021, in the names Debono Carmel Et vs Mangion Vincenza et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the State Attorney to pay the same compensation and pecuniary and non-pecuniary damages settled in terms of the law, with legal interest from the date of filing the present action until the date of effective payment.

With costs and respondents summoned so that a reference to his evidence be made.

The Constitutional Application in the above names is adjourned for hearing on 18th May, 2022, at 9.15 a.m.

Notice to Respondent: Vincenza Mangion, 83, Detroit, Triq San Ġorġ, Ħal Luqa

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, on 29th March, 2022, in the Acts of the Sworn Application number 131/2022NC, filed on 15 February, 2022, in the names of Gordon's Moto Dealer Ltd vs Fetchit Technologies Ltd, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Condemn and order the respondent company to pay the applicant company the total sum of sixteen thousand, one hundred and sixty-one euros and fifty-seven cents (€16,161.57c). With legal costs and interest from August 2020 until the date of effective payment, against the respondent company which is now summoned so that a reference to its evidence be made.

The Sworn Application in the above names is adjourned for hearing on 24th May, 2022, at 9.00 a.m.

Notice to Respondent: Fetchit Technologies Ltd, Orange Group, Block C, Triq l-Għabex, Swatar, Birkirkara

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, on 29th March, 2022, in the acts of the Sworn Application number 79/2022NC, filed on 1 February, 2022, in the names of the Commissioner of the Taxes vs Coslop Walter, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: In terms of sub-articles 9 (6) and (7) of the said Legal Notice, order that a copy of this application together with the attached documents marked Doc. A to Doc. E be served on the respondent and order the registration of the same documents attached hereto as an official copy thereof so that such documents constitute an enforceable title.

The Sworn Application in the above names is adjourned for hearing on 26th May, 2022, at 9.15 a.m.

Notice to Respondent: Coslop Walter, 99, Triq il-Pilgrimage, Cospicua

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By order of the Civil Court, First Chamber, Constitutional Jurisdiction, on 17th February, 2022, in the acts of Constitutional Application number 792/2021AJD, filed on 9 December, 2021, in the names Kingsway Palace Company Ltd v State Attorney Et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the respondents, or one of them, to pay the same compensation and damages to the applicant in accordance with the law, in accordance with Article 41 of the European Convention. With costs and injunction of the respondents from now so that a reference to the evidence be made.

The Constitutional Application in the above names is adjourned for hearing on 21st April, 2022, at 11.20 a.m.

Service Respondent: Janet Anna Cini, Whitehall Mans. Fl13, Triq Luqa Briffa, Gżira

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the First Hall Civil Court, on the 23rd November, 2021, Warrant of Prohibitory Injunction in the names Massimo Trapani vs Mark Sciberras et, Application number 1623/21 AD, the following publication was ordered for the purpose of service of the respondents, Mark Sciberras, Anthony Mark Sciberras and Manuela Maria Rowena Ellins,in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names (Applicant) Massimo Trapani (ID 103769A) against: (Respondents), 1) Mark Sciberras (ID 465185M), 2) Anthony Mark Sciberras (ID 145139A), 3) Manuela Maria Rowena Ellins (passport of England 550791378), on the 1st November, 2021, the applicant Massimo Trapani (ID 103760A) respectfully pleaded,

That the interpellant in order to secure his rights on the property hereunder mentioned against the respondent humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondents in order that they be witheld from selling, alienating, transferring or disposing both inter vivois or by onerous or gratutitous title any property and in particular,

The property formally with number 176, 'Corto Maltese', in Triq is-Salini, Marsaskala,

1. That the applicant entered into a contract of lease dated 6th March, 2018, (herreby attached Doc. A) with the respondents for the lease of the property of the respondents with number 176, 'Corto Maltese', in Triq is-Salini, Marsakala, in order to operate this property as a restaurant/ bar;

2. That the applicant was informed by the respondents towards April/May 2020, that they had entered into an agreement with third parties so that the property that was being leased to the applicants be totally demolished and built anew;

3. That since the property which was going to be demolished and thus it was going to effect the lease of the property the applicants and the respondents amended the original contract of lease by means of a contract of the 6th May, 2020, whereby the parties agreed amongst other things that the lease is to be suspended from the 20th April, 2020, and to continue again when the property is ready according to the stipulations written down in the contract;

4. That till the presentation of this application the property was only partially demolished;

… omissis …

9. That this Honourable Court is also gentily asked so that this Warrant is decreed in a definitive manner the Court provisionally uholds this Wsarrant in terms of Article 875(2) of Cap. 12 of the Laws of Malta and with costs against the respondents.

That the interpellant shall be prejudiced if the respondent is not withheld as stated.

 Credit: Sixty thousand euro, €60,000 – amount liquidated for the purposes of this warrant

Title: Precautionary

Republic of Malta

To the Marshall of the Court

Whereas the above warrant was presented and there recur the elements required by law for the under mentioned order,

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court, First Hall, by the Honourable Madam Justice Audrey Demicoli, LLD

The Application Warrant of Prohibitory Injunction in the names Massimo Trapani vs Mark Sciberras et, Application number 1623/21 AD, has been deferred for hearing to the 24th May, 2022, at 9.35 a.m.

Respondents: 1) Mark Sciberras, 43 , Flat 1, San Antonio Flats, Triq Dolmen, Marsaskala

2) Anthony Mark Sciberras, 43, Flat 1, San Antonio Flats, Triq Dolmen, Marsakala

3) Manuela Maria Rowena Ellins, 43, Flat 1,San Antonio Flats, Marsaskala

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals