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Court Notices published in Govt. Gazette no 20,845 of 26th April 2022

Date Icon 26/04/2022

Notice 670

670

By means of a decree of the 14th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Natalie Caruana vs Jonathan Sant, Application number 1077/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Jonathan Sant 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 Natalie Caruana (ID 542282M) vs Jonathan Sant (KI 449685M) filed before the Rent Regulation Board, on the 28th December, 2021, the applicant Natalie Caruana (ID 542282M) requested this Honourable Board to:

1. Decide these requests without proceeding to trial in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondent has failed to fulfill his obligations as a tenant when he failed, amongst others, to pay the rent and service payments according to the contract of lease;

3. Declare that in any case the lease is no longer valid with effect from the 28th January, 2002, and this in terms of Cap. 604;

4.  Order the eviction of the respondent Jonathan Sant from premises 282, Highlands, Block A, Flat 4, Basilica Street, Mosta in a short and peremptory time according this Honourable Board;

5. Liquidate the arrears of rent and electricity and water services owed by the respondent to the applicant until the effective eviction;

6. Order the respondent to pay the applicant the sum as liquidated, with legal interest till the date of effective payment.

 With all costs of these procedures, against the respondent, who is from now summoned so that a reference to his oath be made.

Applicant: Natalie Caruana, c/o Janet Grima, 231, Zafiro, Triq il-Fortizza, Mellieħa

Respondent: Jonathan Sant, 282, Highlands, Block A, Flat 4, Triq il-Bażilika, Mosta

The application in the names Natalie Caruana vs Jonathan Sant, Application number 1077/2021NB, has been postponed for hearing to the 2nd May, 2022, at10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 671

671

By means of a decree of the 26th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Joseph Barbara et vs John Spiteri, Application number 714/2021LC, the following publication was ordered for the purpose of effecting service on the respondent John Spiteri 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 Joseph Barbara (ID 0501556M), Maria Concetta sive Cettina Mizzi (ID 0445451M), Nicholas Barbara (ID 0026354M), Francis Barbara (ID 0136058M) and Emanuel Barbara (ID 006796M) brothers and sisters Barbara vs John Spiteri (ID 278364M) filed before the Rent Regulation Board, on the 6th October, 2021, the applicant Joseph Barbara (ID 0020553M) et requested this Honourable Board to:

1. Declare and decide that the respondent John Spiteri is the lessee of the urban property number 4, Triq Santa Katerina, Gudja, in terms and by application of of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;

2. Carry out the means test of the respondent, in terms of Article 4A(3)(c) of Cap. 69 and determine whether the same respondent meet the criteria of the means test for income and capital;

3. In the event that this Board finds that the respondent does not meet the criteria of the means test for income and capital:

a.  Dissolve the lease in favour of the respondents of the premesis number 4, Triq Santa Katerina, Gudja,

b. give the respondents a period of time, not exceeding two years to vacate the premises and release its vacant possession in good condition to the applicants,

c. establish the rent payable by the respondent to the applicants for the occupation of the tenament during the said period;

4.  In the event that this Board finds that the respondent meet the criteria of the means tests for income and capital, revise the rent payable by the respondent in relation to the premises number 4, Triq Santa Katerina, Gudja, to the amount up to 2% per annum of the free and open market value of the premises on the 1st January 2021 and order the respondent to pay the applicants the revised rent, with the same current installments or in a different manner which this Board might establish at its discretion.

With costs against the respondent who is hereby summoned so that a reference to his oath be made and reserving any other action by the applicant including those for damages as the case may be.

Applicant: Joseph Barbara et, 15, Gemini, Flat 2, Triq l-Għannejja, Birżebbuġa

respondent: John Spiteri, 4, Triq Santa Katerina, Gudja

The application in the names Joseph Barbara et vs John Spiteri , Application number 714/2021LC, has been postponed for hearing to the 4th May, 2022, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 672

672

By means of a decree of the 18th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Anna Mercieca vs Patrick Xuereb et, Application number 947/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Patrick Xuereb 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 Anna Mercieca (ID 855953M) vs Patrick Xuereb (ID 598261M) and Housing Authority filed in the Rent Regulation Board, on the 23rd November 2021, the applicant Anna Mercieca requested this Honourable Board why it should not:

1. Declare and decide that the respondent Patrick Xuereb is the lessee of the premises 151, Triq il-Vittorja, Ħamrun, and qualifies as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021, and thus she is entitled to continue occupying the residential house in terms of Artice 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021.

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

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 151, Triq il-Vittorja, Ħamrun and to establish new conditions regarding the lease;

4. Order that if the respondent Patrick Xuereb does not satisfy the criteria of the income of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

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

Applicant: 34, Begonia, Triq Wenzu Dyer, Ħamrun

Respondent: Patrick Xuereb, 151, Triq il-Vittorja, Ħamrun

Housing Authority

The application in the names Anna Mercieca vs Patrick Xuereb et, Application number 947/2021LC, has been postponed for hearing to the 6th May, 2022, at 10.05 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 673

673

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 23rd March, 2022, following a request of Jade Desira it was ordered that deputy curators be chosen to represent the interests of the absentee Alan Joe David Saydon, in the records of the Sworn Application 61/2022 AGV, in the names Jade Desira vs Deputy Curators and in the other relative and subsequent acts.

By means of an application, filed, in the Civil Court (Family Section), in the names Jade Desira (ID 52291M) vs Deputy Curtors to represent the absentee Alan Joe David Saydon (ID 335999M), on the 18th March, 2022, the applicant Jade Desira requested this Honourable Court to:

1. Varies the abovementioned contract dated 26th September, 2019, that is clause number 4 of the same and order that instead the care and custody of the minor will be entrusted to the applicant;

2. Varies the abovementioned contract dated 26th September, 2019, that is clause number 3h of the same in order to the applicant to take all decisions related to health and education of the minor child;

3. Varies the above mentioned contract dated 26th September, 2019, that is clause number 3b by condemning the respondent to pay the applicant appropriate and adequate maintenance but higher than that mentioned in the same contract for the néeds of the said minor to be fixed by the same Court, according to the means of the defendant and the néeds of the same minor, payable by the defendant to the same plaintiff weekly or monthly as this Court orders and this in view of the total absence of the respondent;

4. Order that the maintenance which this Honourable Court liquidate be increased every year according to the cost of living;

5. Order that the maintenance as liquidated be paid to the applicant directly from the defendant's salary.

Applicant: 114a, Stone House, Triq Sant'Ubaldeska, Paola

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 (Family Section), 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

22 April 2022

Notice 674

674

By order of the Civil Court, First Chamber, on 8 February 2022, in the acts Inhibition Warrant No 298/2022/1 RGM, filed on 2 March 2022, in the names Paris Carmen Vs Aqulina Yvonne, the following publication has been ordered, pursuant to Article 187 (3) et Seq. of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: This Honorable Court is pleased to order the issuance of an injunction to prevent her from continuing to do the above matters. The Warrant of Inhibition in the above names is adjourned for hearing on April 26, 2022 at 10.15hrs.

Notification Respondent: Yvonne Aquilina. 219, Dove Court, Fl 7, Triq San Anard, Ħal Tarxien.

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

For the Registrar, Civil Courts and Tribunals

21 April 2022

Warrant of Prohibitory Injunction

675

By means of a decree given by the Court of Magistrates (Malta) on the 29th March, 2022, Warrant of Prohibitory Injunction in the names Carmen Abela vs Glenn Carabott, Warrant Number 347/2022CFF, the following publication was ordered for the purpose of effecting service on the respondent, Glenn Carabott in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application, filed, in the Court of Magistrates (Malta), in the names (Applicant) Carmen widow of Notary Doctor Salvatore Abela, pensioner, daughter of the late Carmelo Borg and Amina née Bugeja, born in Rabat, Malta, on the 21st February, 1932 (ID 145232M) vs (respondent) Glenn Carabott, sergeant, son of the late Emanuele and Maria Assunta née Calleja, born in Tal-Pietà on the 5th July, 1980 (ID 357480), on the 25th February, 2022, the applicant Carmen Abela widow of Notary Doctor Salvatore Abela (ID 145232M) respectfully pleaded:

In order to secure her rights on the property hereunder mentioned against the respondent, the applicant humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent in order that he be restrained from selling, alienating, trasferring or disposing both inter vivos or by onerous or gratutitous title any property and in particular,

The half (1/2) undivided share of the premises Block G, Flat 11, Triq in-Narċis, Mtarfa,

The applicant shall be prejudiced if the respondent is not restrained as stated.

Thus the applicant is humbly asking this Honourable Court to order the issue of the Warrant of Prohibitory Injunction in question against the respondent.

Credit: €13,247,48

Title: his half undivided (1/2) share of the premises Block G, Flat 11, Triq in-Narċis, Mtarfa

Republic of Malta

To the Marshall of the Court

Whereas the above warrant was presented and there recurr 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 Court of Magistrates (Malta) by the Honourable Dr Caroline Farrugia Frendo, LLD

Court of Magistrates (Malta)

Magistrate Dr Caroline Farrugia Frendo

The Court,

Saw the application,

Provisionaly upheld the warrant,

Orders its notification to the respondent with one week for a reply that is 4th March, 2022, and appoints the application for hearing for the 9th March, 2022, at 12.30 p.m., that is postponed for hearing for the 6th May, 2022, at 1.00 p.m.

Applicant: 3, Triq il-Mużew, Rabat, Malta

Respondent: Block G, Flat 11, Triq in-Narċis, Mtarfa

Execution: Director Public Registry, Identity Malta, Triq l-Arċisqof, Valletta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 676

676

By a decree of the Court of Magistrates (Malta) of the 28th Marzu, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Ballut Blocks Services Limited (C8360) of Wied Filep, l/o Naxxar, Malta, filed a Claim on the 26th March, 2021, whereby they asked the Court to condemn R. X. Construction Limited (C85359) of 53, Solitaire, Triq ix-Xitwa, Ħal Qormi, to pay the plaintiff company the sum of €8363.84 which amount is due to the plaintiff company.

With costs and legal interests

The case (Application number 72/2021VGA) is postoned for hearing for the 9th May, 2022, at 11.20 a.m.

Notification: R.X. Construction Limited (C85359) ta' 53, Solitaire, Triq ix-Xitwa, Ħal Qormi

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 677

677

By a decree of the Small Claims Tribunal of the 18th January, 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).

National Insurance Brokers Limited (C84564) of 89, Ground Floor, ATL Business Centre, Canon Road,, Santa Venera,SVR 9035, Malta, filed a Claim on the 11th November, 2021, whereby they asked the Tribunal to condemn Jean Claude Azzopardi of 222, Triq l-Imħallef William Harding, Pembroke, Malta, to pay the plaintiff company the sum of €1,753.12, which amount is due to the plaintiff company.

With costs and interest

The case (Claim number 326/2021MD) is deferred on the 5th May, 2022, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 678

678

By a decree of the Small Claims Tribunal of the 9th July, 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).

Duncan Formosa (ID 319184M) of 7, Flat 1, Triq Isouard, Marsa, filed a Claim on the 11th May, 2021, whereby he asked the Tribunal to condemn Wayne Cassar (ID 75878M) of 75, Casa Kimron,Triq l-14 ta' Novembru, Santa Venera, and Mandy Cassar (ID 446380M) of 75, Casa Kimron, Triq l-14 ta' Novembru, Santa Venera, to pay the plaintiff the sum of €4,958, which amount is due to the plaintiff.

With costs and legal interest

The case (Claim number 139/2021MD) is deferred on the 5th May, 2022, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 679

679

By a decree of the Small Claims Tribunal of the 9th July, 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).

Princess Operations Limited (C86415) of Sharay, Triq il-Fraxxnu, St Julian's, filed a Claim on the 18th May, 2021, whereby they asked the Tribunal to condemn James Curtis (British passport number 505910197) of 102, Pinto Heights, St Julian's, to pay the plaintiff company the sum of €1,958.81, which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim number 144/2021MD) is deferred on the 5th May, 2022, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 680

680

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 3rd February 2022, following a request of Paul Tonna it was ordered that deputy curators be chosen to represent the absent Sarah Jane O'Brien, in the records of the Letter of Mediation number 114/2022CC, in the names Paul Tonna vs Deputy Curators and in the other relative and subsequent acts.

By means of a letter of Meditation, filed in the Civil Court (Family Section), in the names Paul Tonna (ID 357687M) of Haven, Triq Għajn Qajjet, Rabat (Malta) vs Sarah Jane O'Brien (ID 271931A) of 1415, BD Jeanne d'Arc 06210, Mannelieu-la-Napoule, France, on the 25th January, 2022, the applicant Paul Tonna requested this Honourable Court to order, for the purposes of the provisions of Regulation 9(1) of Legal Notice 397 of 2003, to authorise him to proceed with the proceedings against Sarah Jane O'Brien (ID 0271931A) of 1415, BD Jeanne d'Arc 06310 Manddelieu-la-Napoule, France and email sarahjane.ie@outlook.ie for the care and custody, access and maintenance of their minor child as evidenced by the birth certificate attached and marked as Doc. A.

For all intents and purposes the interpellant informs for the purposes of the provisions of Regulation 4(3) of Legal Notice number 397 that he has not yet agreed with the said Sarah Jane O'Brien the identity of the person who is to be appointed as a mediator.

Applicant: Haven, Triq Għajn Qajjet, Rabat (Malta)

Respondent: Sarah Jane O'Brien, 1415, BD, Jeanne d'Arc, 06210, Manddelieu-la-Napoule, France

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 (Family Section), abovementioned, with the witness of the Hon. Mr Justice Neville Camilleri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 681

681

By means of a decree of the 27th September, 2021, in the records of the judicial letter number 2696/2021, in the names Mary Yvonne Said et vs Anna Scicluna et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Anna Scicluna in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Anna Scicluna (ID 255055M) of 28, Flat 3, Triq Hookham Frere, Gwardamangia, Tal-Pietà, and John Farrugia

By means of this present, Mary Yvonne Said (ID 503860M) of 35, Dias, Triq Joe Sciberras, Ħamrun; Raymond Farrugia (ID 328662M) of Camelia, Flat 2, Triq Luqa Briffa, Gżira, and Theresa Formosa (ID 386633M) of 156, Fl 6, Triq il-Punent, Valletta, legatees of the inheritance of Michael Farrugia are soliciting you to come forward to liquidate and for the placing into the possession of the money in the HSBC bank account number 023009475050, in the name of the deceased Michael Farrugia (ID 585135M) which were handed to you on the 3rd March, 2021, as provided in the will in the records of Notary Dr Patricia Vella Haber of the 8th October, 2008 (Doc. YS1).

In the fourth article of the will in the records of Notary Dr Patricia Vella of the 8th October, 2008, you were nominated as universal heirs and absolute owners of the wealth of Michael Farrugia in the share of one third (1/3) between you. In terms of the said article, HSBC releases on your behalf such money in the share of 1/6 value of €16,851.02 which money you are under a duty and obligation according to the said will to pass and put in possession in favour of the legatees (Doc. YS 2).

In the third article of the same will, in fact, the late Michael Farrugia provided that under title of legacy all the money in the HSBC savings account 023009475050 are passed in favour of his brother Salvatore sive Salvo Farrugia and Theresa sive Tessie Formosa with the vulgar substitution of their children in case of death, as in fact the request is being made in favour of Mary Yvonne Said (ID 503860M) and Raymond Farrugia (ID 328662M) brother and sister Farrugia and heirs of Salvatore sive Salvo Farrugia.

You, are therefore being asked to come in line with your obligations and to come forward and place the applicants in possession as required by Cap. 16 of the Laws of Malta and to release the money from HSBC bank account to Mary Yvonne Said (ID 50386M), Raymond Farrugia (ID 328662M) and Theresa Formosa (ID 386633M) within seven days (7) from the date of this letter.

Failing this, the interpellants will be forced to proceed further against you through all the remedies provided by law.

This judicial letter is also being made for all purposes and effects permitted by law, including the interest at the highest rate under the law.

So much so you will know how to proceed and to avoid further useless costs.

With costs, including of this present and interest.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

22 April 2022

Notice 682

682

By means of a decree of the 5th April, 2022, in the records of the judicial letter number 5045/2021, in the names SMS Group Limited vs JK Properties Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company JK Properties Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To JK Properties Limited (C25967) of 76A, Triq Ġorġ Borg Olivier, St Julian's

Marina Alliance Limited (C82971)

By means of this present, the company SMS Group Limited (C-30343) of 65, Birkirkara Hill, St Julian's, whilst referring to the judicial letter filed in the First Hall of the Civil court of the 13th September, 2021 (number 3856/2021) is rejecting in their entirety any of their direct requests against the interpellant company as unfounded in fact and at law. That in any case the promise of sale between the interpellant company and the company All Round Entertainment Ind Ltd (C34949) signed on the 13th March, 2018, as subsequently amended and extended, has expired and the deposit paid on the same promise of sale is subject to legal proceedings pending before the First Hall of the Civil Court with reference 516/2021AJD. Therefore, pending the conclusion of the said case, it cannot be said that any deposit paid on the said promise of sale has definitively passed to the interpellant company.

That moreover but without any prejudice to the above, the company Marina Alliance Limited (C82971) was not part of the agreement dated 7th August, 2014, and that is the Real Estate Agency Fees Agreement, and therefore the interpellant company does not have any legal relationship with the same Marina Alliance Limited (C82971).

In view of the premised you are therefore formally warned to refrain from taking any further legal or judicial action against the interpellant company. Failure to do so will result in the interpellant company having no choice but to hold you responsabile for any damages it may suffer as a consequence of the same.

So much so you will know how to regulate yourselves and to proceed.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

22 April 2022

Notice 683

683

By means of a decree of the 5th April, 2022, of the Civil Court First Hall in the records of judicial letter number 411/2022, in the names, Commissioner for Revenue vs Biagio Schembari pro et noe, the following publication for the purpose of service on the respondents pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Biagio Schembari (ID 0058844A) and Vittorio Ciurcina (ID 0060409A) in your own name and also as directors for and on behalf of the company L'Oasi Ltd (C57505).

By the present, the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €38,907.93 representing the amount due by you pro et noe as Value Added Tax according to the same Act.

With costs and legal interest according to the same Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to regulate yourselves and to proceed.

Notification:

1) Biagio Schembari, Grand Stones Buildings A, Flat 8, Triq Maria Teresa Spinelli, Gżira

2) Biagio Schembari, Centre Point Fl 4, Triq San Massimiljanu Kolbe, St Paul's Bay

3) Vittorio Ciurcina, Panama Crt, Flat 1, Triq il-Qattus, Birkirkara

4) L'Oasi Limited, Grand Stones Buildings A, Flat 8, Triq Maria Teresa Spinelli, Gżira

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 684

684

By means of a decree of the 1st March, 2022, in the records of the judicial letter number 93/2021, in the names United Acceptances Finance Ltd vs Abraham Bezzina et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Abraham Bezzina (ID 248260M) 26, St Rita, Triq il-Kbira, Mosta, and Roma Car Hire Co. Ltd (C17637) of Triq Ramon Perellos, St Paul's Bay, on the 14th January, 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to forty nine (49) bills of exchange from the account number 0306280761 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked numbers 12 to 60.

The interpellant calls upon so that within two days you pay the sum of €9,343.55 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.

So much so that you may know how to regulate yourselves.

You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.

This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 685

685

It is hereby notified that by a decree issued on 8th April, 2022, issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the records of application number 86/2021 in the names Sonja Sinclair Stevenson-Lindblad vs Clayton-John Pace et, filed in the Register on 1st October, 2021, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Carmel Pace (Maltese identity card number 432562M) of 57, Triq it-Trux, Għarb, Gozo, and this in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

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

Whosoever receives this sworn application against him or her should file a sworn reply within twenty (20) days from date of service, that is the date when it was received. If no sworn reply is filed as required by law within the aforementioned time limit, the Court will proceed to give its judgement according to law.

It is therefore in the interest of whosoever receives this sworn application to consult an advocate forthwith and without delay, so that the Court hears what he or she has to say in the proceedings.

Sonja Sinclair Stevenson-Lindblad (ID 09952A) resident at 60, Trux Street, Għarb, Gozo

vs

Clayton-John Pace (ID 9387G) resident at Ceqwis Flats, Madonna tal-Virtut Street, Għarb, Gozo

Carmel Pace (ID 432562M) resident at 57, Triq it-Trux, Għarb, Gozo

Sworn application of Sonja Sinclair Stevenson-Lindblad, holder of identity card number 09952A and resident at 60, Triq it-Trux, Għarb, Gozo,

Respectfully submits and confirms on oath:

1. Whereas applicant is the owner of property numbered fifty-nine (59), Triq it-Trux, Għarb, Gozo, as shown in the contract of sale in the records of Notary Dr Ino Mario Grech, annexed and marked as Doc. A, with attached piece of land, accessible from a private passage from Triq it-Trux, Għarb, which passage is North of the property of the applicant;

2. Whereas applicant is also owner of the passageway that exists between property numbered fifty-seven (57) and property numbered fifty-nine (59), as shown in the note explaining root of title of the property of the applicant, annexed and marked as Doc. B;

3. Whereas respondent Carmel Pace is owner of the property numbered fifty-seven (57), Triq it-Trux, Għarb,  Contract of Sale dated twenty-fifth (25th) September, 1990, annexed and marked as Doc. C. Contract of sale dated thirth (30th) June, 2003, annexed and marked as Doc. D. Separation contract and matrimonial property assignment of Carmel Pace and Grace Pace dated sixth (6th) November, 2009, annexed and marked as Doc. E;

4. Whereas recently the Planning Authority conceded to respondent Clayton-John Pace a building permit with number PA06489/19 in regard to development north of the above mentioned passageway, in which Clayton-John Pace is authorised to open windows, apertures and doors overlooking the same passageway;

5. Whereas this permit was granted after the Għarb Local Council had confirmed that the passageway is public and not private. This confirmation given by the Għarb Local Council is manifestly incorrect and misleading as it rests on a government notice on the repair or change in name of alleyways in the locality of Għarb, which in itself neither creates nor removes property rights;

6. Whereas such a development on the passageway of the applicant, creates easements that will seriously prejudice the rights of the applicant, since this passageway is private and belongs to the applicant;

7. Whereas the applicant requested the issuance of a warrant of prohibitory injunction with number 37/2021/1 (BS) in the names Sonja Sinclair Stevenson-Lindblad vs Clayton-John Pace, to keep the respondent Clayton-John Pace from constructing buildings or other constructions of a permanent nature, in such a way that the same building development has the doors or other openings that open onto the passageway found between the property where the development is proposed, i.e. property numbered fifty-seven (57), Triq it-Trux, Għarb, and that of the applicant i.e. property numbered fifty-nine (59), Triq it-Trux, Għarb, which warrant of prohibitory injunction is proof of the root of title of the passage in question;

8. Whereas from the aerial photographs issued by the Planning Authority (annexed and marked as Doc. F and Doc. G), the passageway used to serve in the past, as access to the rear fields of the applicant's property. The alley in question was never of use neither to the property of the respondent Pace as the property of the latter adjoins the road, nor to property or fields behind the property of the respondent, as these are accessible from an alley in Triq l-Isqof Mikiel Molina, Għarb, Gozo. The passageway is neither public because there is no purpose to it being so, as the existing fields behind the property of the applicant are private;

9. Whereas the applicant brought all this to the attention of the respondent Clayton-John Pace by virtue of the annexed judicial protest marked as Doc. H.

Accordingly, and for the reasons set out above, the plaintiff humbly requests this Honourable Court to:

1. Declare that the passageway north of the applicant's property is not a public passageway but a private passageway belonging to the applicant;

2. Prohibits the respondent Pace from opening openings and doors in the said passage and this being so, due to the same passage being private property of the applicant.

With all costs including those of the warrant of prohibitory injunction issued against the defendant, and subject to any damage which may be caused as a result of such abusive and unlawful conduct.

The hearing of the application is deferred to Friday, 3rd June, 2022, at eight in the morning (8.00 a.m.), in the Gozo Court building.

John Vella

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

03 Ġunju 2022

Notice 686

686

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2022, Application number 498/2022, by Donna Galea née Mifsud whereby she requested that it be declared open in favour of Carmela sive Carmen Mifsud, wife of the decujus in the quota of one half (1/2) undivided share and in favour of Donna Galea, Joanne Theuma, Godwin Mifsud and Mark Mifsud children of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of John Mifsud, husband of Carmela sive Carmen Mifsud, son of the late Andrew Mifsud and Concetta née Bonnici, born in Ħaż-Żabbar, Malta, resided in Żejtun, Malta, and died in Msida, Malta, on the 10th October, 2020, aged 61, and who held identity card number 448659M.

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

22 April 2022

Notice 687

687

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st October, 2021, Application number 1804/2021, by Sylvia Said whereby she requested that it be declared open in favour of Sylvia Said and Theresa Magro in equal shares between them the succession of their father Nazzareno Magro, husband of Grazia Magro, son of the late Salvatore Magro and Teresa Magro née Caruana, born in Qrendi, Malta, resided in Birżebbuġa, Malta, and died in Msida, Malta, on the 10th December, 2020, aged 91, and who held identity card number 745928M.

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

22 April 2022

Notice 688

688

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2022, Application number 472/2022, by Antoinette Cauchi et  whereby they requested that it be declared open in favour  of  Emanuela Schembri, Frances Camilleri, Concetta Dimech and Antoinette Zahra sisters of  the decujus in the quota of one seventh (1/7) undivided share each one of them,  in favour of  Antoinette Cauchi, John Dimech, Mary Rose Fenech and Paul Dimech children of the late Carmelo Dimech, the latter brother of the decujus, in the quota of one part of thirty five (1/35) undivided share each one of them;  in favour  of Karl Dimech and Claire Dimech children of the late Mario Dimech son of the late Carmelo Dimech, the latter brother of the decujus, in the quota of one part of seventy  (1/70) undivided share each one of them; in favour  of Mark Cachia, Matthew Cachia, Joanna Cachia and Luke Cachia children of the late Maria Vassallo, the latter sister of the decujus, in the quota of one part of twenty eight (1/28) undivided share each one of them; and in favour of  Raymond Dimech, Graziella Gatt and Mario Dimech children of the late Alfred Dimech, the latter brother of the decujus, in the quota of one part of twenty one  (1/21) undivided share each one of them the succession of  Giuseppa Farrugia, widow of Giuseppe Farrugia, daughter of the late John Dimech and Vincenza nee Abdilla, born in Tas-liema, Malta, resided in Tas-Sliema, Malta, and died in Msida, Malta, on the 25th September, 2020, aged 90,  and who held identity card number 0622829M.

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

22 April 2022

Notice 689

689

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2022, Application number 429/2022, by Rita Amalia McCann née Woodhouse Scicluna et whereby they requested that it be declared open in favour of Rita Amalia McCann, David Woodhouse Scicluna, Joseph-Samuel Woodhouse Scicluna and Helen Woodhouse Scicluna brothers and sisters of the decujus in equal shares between them the succession of Francis sive Frank Woodhouse Scicluna, bachelor, son of the late William Woodhouse Scicluna and Pawlina sive Paola Woodhouse Scicluna née Mangion, born in Ħal Balzan, Malta, resided in San Pawl il-Baħar, Malta, and died in Msida, Malta, on the 21st November, 2021, aged 64, and who held identity card number 0204157M.

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

22 April 2022

Notice 690

690

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th March, 2022, Application number 456/2022, by Joseph Galea et whereby they requested that it be declared open in favour of Joseph Galea u Giovanna Galea parents of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Vincent Galea, Carmela (Carmen) Falzon and Jacqueline Bugeja brothers and sisters of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of John Mary Galea, widower and legally separated from Pauline Bonnici, son of Joseph Galea and Giovanna Galea née Muscat, born in San Pawl il-Baħar, Malta, resided in San Pawl il-Baħar, Malta and died in Msida, Malta, on the 30th July, 2021, aged 63, and who held identity card number 303258M.

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

22 April 2022

Notice 691

691

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2022, Application number 476/2022, by Mary Rosaria Sciberras et whereby they requested that it be declared open in favour of Mary Rosaria Sciberras, Paul Ebejer and Lourdes Attard brother and sisters of the decujus in equal shares between them the succession of Emanuel Ebejer, bachelor, son of George Ebejer and Concetta née Cassar, born in Tal-Pietà, Malta, resided in Paola, Malta, and died in Msida, Malta, on the 26th August 2021, aged 57, and who held identity card number 116064M.

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

22 April 2022

Notice 692

692

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 19th January, 2022, following a request by John-Mike sive Shaun Cardona et it was ordered that deputy curators be appointed to represent the unknown direct owner or owners in the acts of the schedule of deposit number 73/2022 in the names John-Mike sive Shaun Cardona et 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 January, 2022, in the names John-Mike sive Shaun Cardona (ID 440681M) son of Paul and Maria née Pace, born in Tal-Pietà on the 29th July, 1981, and his wife Melissa Cardona (ID 573683M), daughter of Godwin Farrugia and Monica née Camilleri born in Tal-Pietà on the 21st November, 1983, vs Deputy Curators to represent the unknown direct owner of owners, the applicants John-Mike sive Shaun and Melissa spouses Cardona respectfully submitted:

That the applicants are the owners of the premises that is the maisonette with number 17, which holds the name Cherish in Triq May Butcher, Iklin, which property is better described on the site plan here attached and marked as Doc. JC1;

That the property above mentioned was acquired from the power of Jason Calvin Cornthwaite and his wife Jennifer Mary Cornthwaite by means of a contract of sale in the records of Notary Joseph Spiter dated 8th October, 2007, a copy of which is here attached and marked as Doc. JC2;

That also, the above mentioned property is also subject to the annual and perpetual groundrent of Lm5.50 equivalent to €12.81;

That the applicants wish to avail themselves from the option given to them in terms of article 1501 of the Civil Code and redeem the above mentioned groundrent;

That the applicants do not know to whom the canone is due and thus it is not being paid;

That together with this schedule of deposit the applicants are filing an application for the nomination of deputy curators to represent the interest of the unknown owners or their successors in title;

That the annual and perpetual groundrent is that of €12.81 capitalised with the rate of 5% which amounts to €256.20;

That the applicants wish to pay the amount of five (5) years groundrent and that is the amount of €64.05 whilst for all intents they are paying the laudemium in the amount of €12.81.

Thus, the applicants are humbly requesting this Honourable Court and under its Authority are depositing the total amount of €333.06 so that this amount will be freely withdraw by the respondents after leaving the relative receipt according to law.

Applicant: John-Mike and Melissa Cardona, 17, Cherish, Triq May Butcher, Iklin

Respondent: Deputy Curators

Director Public Registry, Triq id-Dejqa, 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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 693

693

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd March, 2022, following a request by HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent the company Fino Futuro Limited in the acts of the judicial letter number 4694/2021 in the names HSBC Bank Malta plc 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 2nd November, 2021, HSBC Bank Malta plc (C3177) of 32, Triq il-Merkanti, Valletta, against deputy curators to represent Fino Futuro Limited (C 12899) of Factory Notabile Road, Ħ'Attard ATD 9081, HSBC Bank Malta plc solicit you so that within two days from when you receive this letter you pay the amount of €68,914.01 representing as for the sum of €36,258.34, as the capital and as for the sum of €32,655.67 as interest that accrued on the capital till the 11th October, 2021, which amount is due on the account with number 011-046638-343 previously with number 011-046638-001, which amount was duly given to you by means of an Overdraft facility, from the interpellant bank and accepted by you besides the interest from the 12th October, 2021 till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount although repeatedly solicited to pay for you remained in default.

Informs you that if you fail to pay all the arrears within fifteen days from the date of notification of this letter, the whole balance will be due all at once.

To avoid useless Court costs, if the payment of the debt within the time given is not possible and you need more time for payment with monthly installments, you can admit your debt with the Bank by means a notarial act. In this case you are requested that within fifteen days from when you receive this letter you inform the Bank and appoint a notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further procedures will be taken against at Court without further notice.

So much so that you may know how to regulate yourself

With costs

Interpellant: HSBC Bank Malta plc, 32 Triq il-Merkanti, Valletta

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 Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

22 April 2022

Notice 694

694

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th January, 2022, Application number 156/2022, by Geoffrey Camilleri et whereby they requested that be declared open in favour of Geoffrey Camilleri in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Shawn Camilleri the succession of their father Paul Camilleri, widow of Grace Camilleri, son of Philip Camilleri and Dolores Camilleri née Zarb, born in Ħal Balzan, Malta, resided in London, United Kingdom, and died in Sutton, United Kingdom, on the 7th May, 2021, aged 68, and who held identity card number 160153M.

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

25 April 2022

Notice 695

695

By a decree of the Small Claims Tribunal of the 12th November, 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).

Creek Developments plc (C50531) of Office No. 1, Crown Marina Apartments, Ta' Xbiex Sea Front, Ta' Xbiex, filed a Claim on the 8th November, 2021, whereby they asked the Tribunal to condemn Matthew Sammut (ID 106785M) of Blk E, Juniper Mews, Fl 2, Triq San Gwann, Ħal Għargħur, to pay the plaintiff company the sum of €2,153.63, which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim number 325/2021SFJ) is deferred on the 3rd May, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

25 April 2022

Notice 696

696

Notice, Registry of the Civil Court, First Hall

Whereas Rupert Adrian Agius (passport number 974758) filed an application under oath (number 332/2022JVC) demanding the correction of the Act of Public Registry number 5264/1962 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