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Court Notices published in Government Gazette No. 20,994 of 20th January 2023

Date Icon 20/01/2023

Notice 180

180

By means of a decree delivered on 28th November, 2022, in the records of Appeal Application number 531/2015 in the names BNF Bank plc formerly Banif Bank (Malta) plc (C41030) vs 1) Liberty Fishing Co. Ltd (C40845) (as the main debtor company); 2) George Catania (ID 95963M); 3) Maria Louisa Catania (ID 618064M); 4. Tarcam Co. Ltd (C16852); 5) Raymond Bonnici (ID 471763M); 6) Martin Cachia (ID 235859M); 7) Elena Cachia, joined in suit, (all as guarantors in solidum with the main debtor company) ordered the following publication in regard to Liberty Fishing Co. Ltd (C40845) and Elena Cachia pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.

Whereas by means of an Appeal Application filed on 1st August, 2022, in the names mentioned above, the appellant George Catania (ID 95963M), Maria Louisa Catania (ID 618064M) and Tarcam Co. Ltd (C16852) felt aggrieved by the judgment of the First Hall of the Civil Court in the afore-mentioned names delivered on 5th July, 2022, while agreeing with the decision of the Honourable Court when it refrained from taking cognizance of the plaintiff company's first request since such a request had been superseded when the exponents were given the right to file their sworn reply and consequently the present case was no longer one of summary proceedings with the dispensation of a hearing, they feel aggrieved by the said decision regarding the second and third claims by the plaintiff company and are therefore interposing this humble appeal on the basis of the following grievances:

1. The first ground of appeal is clear and manifest and consists of the fact that the Honourable Court failed to take into consideration that the exponent's position is that of a surety and not of the principal debtor and consequently failed to apply the section of the law that places the same surety in a different position from that of a principal debtor at least especially in view of the fact that the said principal debtor has sufficient assets in order to satisfy the claimed credit;

2. Without prejudice to the above, the second ground of appeal is also clear and manifest and consists in the circumstance that as a direct consequence of the fact that the First Honourable Court completely rejected the applicability of Article 1925 of Cap 16 of the Laws of Malta cited above and the obligation of the same respondent Bank to sue first the principal debtor and then it is only in case that the credit is not satisfied that the same creditor sues the surety, the First Honourable Court came to a wrong conclusion when it declared the exponents together with the other respondents as the debtors of the plaintiff Bank and condemned them, together with the respondents, to pay the plaintiff company the sum of €153,809.83 plus costs and interests from the date of default.

Therefore, the appellants respectfully ask this Honourable Court to reform the judgment appealed herewith in the names mentioned in the Application number 531/2015 decided on 5th July, 2022, by confirming that part of the decision in which it refrained from taking cognizance of the first request, revokes, cancels and annuls the part where it accepted the second and third requests of the plaintiff Bank, now the respondent Bank and instead upholds the grievances brought forward in this appeal and consequently upholds all the pleas submitted by the appellants, with the costs of both instances against the respondent Bank.

Notification: 1) Liberty Fishing Co. Ltd, 238, Casa Martina, Triq Tunis, Pembroke

2) Elena Cachia, 57, Triq Sant'Antnin Marsaskala

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

17 January 2023

Notice 181

181

It is hereby notified that by a decree dated the 17th of January, 2023, the Court of Magistrates (Gozo) Voluntary Jurisdiction, ordered the publication of the banns reproduced hereunder for the purposes of section 533(1) of Cap. 12 of the Laws of Malta.

Whereas by virtue of a decree delivered on the 17th of January, 2023, in the records of application number 2/2023(BS) by Rose Attard, Thursday, 2nd of February, 2023, at 2.00 p.m. in Hall 'B' of this Court, has been scheduled for the publication of the secret will of Carmela Zammit, widow of Salvatore Zammit, daughter of the late Benigno Attard and Maria Attard née Xuereb, born in Xewkija, Gozo, and used to reside in Xewkija, Gozo, and who died in Rabat, Gozo, on the seventh (7th) of February of the year two thousand and twenty-two (2022). This said publication is to be affected by Notary Anna Maria Mizzi.

Daniel Sacco

f/Registrar of Courts and Tribunals (Gozo)

Notice 182

182

ARB/C091/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th January, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD). Compilation Number 748/2021, in the case:

The Republic of Malta

Versus

TAMER RAMADAN ALI HDIDAN, 42 years, son of Ramadan Hdidan and Salwa Salim, born in Libya on the 31st January, 1980, residing at 163, 'St Mary', Flat 1, Triq in-Nissieġ, Ħaż-Żabbar, and holder of Maltese Identity Card bearing number 0204313L and expired Maltese identity card bearing number 27854A.

The Court AUTHORISED the accused TAMER RAMADAN ALI HDIDAN to receive the salary pertinent to his employment as listed in the application dated 27th July, 2022, submitted by the accused himself. The salary shall be deposited in the bank account listed in the name of the accused TAMER RAMADAN ALI HDIDAN ending in -0181 which is held by BNF Bank plc.

The Court also AUTHORISED the accused TAMER RAMADAN ALI HDIDAN to execute payment in the sum of one hundred and sixty euro and forty cents (€160.40) to MAPFRE Middlesea plc representing renewal of motor vehicle insurance policy bearing number P21436491-22 held in the name of the accused. This payment must be executed from the bank account registered in the name of the accused and ending in -0181 which is held by BNF Bank plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 27th November, 2021, which was published in the Government Gazette on the 7th December, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to TAMER RAMADAN ALI HDIDAN.

Director, Asset Recovery Bureau

18 January 2023

Notice 183

183

ARB/C090/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th January, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD). Compilation Number 747/2021, in the case:

The Republic of Malta

Versus

KHALED BAELY, driver, 49 years, son of the late Gioma Baely and Doria, born in Libya on the 30th September, 1973, residing at 223, Triq San Albert, Gżira, and holder of Maltese identity card bearing number 0174505L and expired Maltese identity card bearing number 20288A.

The Court AUTHORISES the accused KHALED BAELY to be listed as an authorised driver on the motor vehicle insurance policy which shall be issued in the name of his employer covering the vehicle Mitsubishi Eclipse Cross which shall also be registered on the mentioned employer.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 27th November, 2021, which was published in the Government Gazette on the 7th December, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to KHALED BAELY.

Director, Asset Recovery Bureau

18 January 2023

Notice 184

184

By means of a decree by the Court of Appeal (Superior Jurisdiction) on 17th November, 2022, in the records of Appeal Application No. 572/2015 in the names Marina Ciarlo (ID 772954) vs Dr Simon Micallef Stafrace and LP Peter Sammut as Deputy Curators to represent the vacant inheritance of the deceased Joseph Borg, it ordered the following publication in regard to Marina Ciarlo pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of Appeal number 572/2015 filed on 17th November, 2021, in the names mentioned above, the interveners in the cause Nikolai Borg (ID 350280M), Miguel Borg (ID 74277M) and Sarah Borg (ID 287586 M), the appellants, felt aggrieved by the judgment of the twenty (20) October of the year two thousand and twenty one (2021) in the names premised, and therefore they are interposing this appeal against it. The grievances are clear and manifest and consist in the fact that the First Court erred in its interpretation of various laws related to this case. Whereas, inter alia, the First Court made an incorrect assessment of the facts; gave a wrong interpretation of the law applicable to the reserved portion and legitim; made a wrong assumption when it claimed that the right of a legatee is a right of property that should take precedence over the right of the person entitled to a share of the reserved portion since the latter is a right of credit, and the First Court also erred in its decision on the costs.

Therefore, the appellant interveners humbly ask this Honorable Court of Appeal to vary the judgment delivered by the First Hall of the Civil Court on the twenty (20) of October of the year two thousand and one and twenty (2021) in the cause in the names above mentioned by reconfirming and upholding the appellants' fifth plea, varying the appealed judgment by upholding all the other pleas by the appellant interveners, upholding the pleas submitted by the deputy curators and dismissing all the plaintiff's claims, with the costs of both instances against the respondent plaintiff.

Notification: Marina Ciarlo, 11/20, Triq is-Siegħ, Tal-Ibraġ, Swieqi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 185

185

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on 11th January, 2023, in the records of the Application for a New Trial number 1099/2003 in the names Jeremy S. Harris mandatary of Stuart Creggy vs Dr Patrick Spiteri and Sylvana Spiteri ordered the following publication against Sylvana Spiteri pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of an Application for a New Trial number 1099/2003 filed on 3rd August, 2022, in the premised names, the plaintiff exponent Patrick Spiteri felt aggrieved by the judgment of the Court of Appeal of 4th May, 2022, and is therefore humbly making this application so that this same judgment be set to a new trial. The plaintiff exponent would like to impugn that part of the judgment delivered by the Court of Appeal in which it rejected the appeal lodged by the plaintiff exponent and therefore confirmed what was decided by the Court of First Instance and that is the striking out of the records of the judgment delivered by the English Court subject matter of the third ground of appeal lodged by him, as well as on the issue of the illegality that is the subject matter of the sixth ground of appeal.

Therefore, the plaintiff exponent, while giving all the guarantees required by law, requests with respect this Honourable Court, save any provision it deems fit and opportune, to:

1. Rescind and cancel the judgment mentioned above in the afore-mentioned names of the 4th May, 2022, because it is invalid in terms of Article 811(e) and or 811(l) of Cap. 12 of the Laws of Malta; including, if it be the case, after a reference for a preliminay ruling is made to the Court of Justice of the European Union regarding the points of European law raised in this application; and

2. Consequently, order the new trial of the same cause according to law.

With costs and with the submission of the defendants to their oaths

Notification: Sylvana Spiteri, 29, Triq Ferdinandu, Ħal Għargħur

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 186

186

By a decree of the Small Claims Tribunal of the 21st April, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Popular Marketing Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Global Insurance Brokers Ltd (C9923) of 65, Birkirkara Hill, St Julian's, filed a Claim on the 20th April, 2022, whereby they asked the Tribunal to condemn Popular Marketing Ltd (C53146) of New York Best Offices, Triq Paceville, c/w Triq Dobbie, St Julian's STJ 3070, to pay the plaintiff company the sum of €3494.06, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 107/2022SFJ) is deferred on the 21st February, 2023, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 187

187

By a decree of the Small Claims Tribunal of the 26th July, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Deepak Kandel in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st July, 2022, whereby they asked the Tribunal to condemn Deepak Kandel (ID 211138A) of Court 247, Flat 206, Triq Edgar Bernard, Gzira, GZR 1701, to pay the plaintiff company the sum of €1665.68, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 212/2022SFJ) is deferred on the 7th February, 2023, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 188

188

By a decree of the Small Claims Tribunal of the 4th November, 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).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (C10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 28th October 2022 whereby they asked the Tribunal to condemn Jean Claude Azzopardi (ID 220294M) of 222, Triq Tunis, Pembroke, to pay the plaintiff company the sum of €1129.34, which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 301/2022DBM) is deferred on the 31st January, 2023, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 189

189

By a decree of the Small Claims Tribunal of the 4th November, 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).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (C10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 28th October, 2022 whereby they asked the Tribunal to condemn Dylan Aquilina (ID 228794M) of 56, Gramar, Triq Turu Rizzo, Gżira, to pay the plaintiff company the sum of €2265.39, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 296/2022DBM) is deferred on the 31st January, 2023, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 190

190

By 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 on the respondent Antonella Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Halmann Vella of The Factory, Triq il-Mosta, Ħal Lija, filed a Claim on the 10th May 2022, whereby the company asked the Tribunal to condemn Antonella Vella of 33, Chez Moi, Triq Salvu Aquilina, Mosta, to pay the plaintiff company the amount of €3665.18, which amount is due to the plaintiff company.

With costs and interest

The case (Claim number 135/2022DBM) is deferred on the 9th February, 2023, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

18 January 2023

Notice 191

191

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the twelfth (12th) of January of the year 2023 (Decree number: 5/2023BS following Application number 2/2021(BS) Nazzareno Grech, son of the late Emanuel Grech u Carmela née Vella, born in Xagħra, Gozo, and resides in Xaghra, Gozo, holder of identity card number 62959G, has been confirmed interdicted from all acts of civil life.

Dr Francienne Muscat, lawyer, daughter of Michelangelo sive Lino Muscat u Marista née Mercieca, born in Victoria, Gozo, and resides in Xagħra, Gozo, holder of identity card number 31492G, has been nominated as his curator, by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

Notice 192

192

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application ai terms of Article 495A of the Civil Code

Application number 133/2022 (BS)

Frances Saliba, identity card number 14265G;

John Saliba, identity card number 27666G;

Joseph Saliba, identity card number 6772G;

Carmel sive Charlie Saliba, identity card number 10264G;

Abigail Camilleri, identity card number 26785G both in her own name and in the name of her father abroad Angelo Camilleri, identity card number 18763G;

Michelle Ann Camilleri, ID card number 42393G;

Pietru Pawl Camilleri, identity card number 18163G;

Josephine Micallef, identity card number 140903L;

Maria Mizzi; identity card number 70849G, Pauline Mizzi, identity card number 96745G both in her own name and as representative of her German brother signed Anthony Mizzi driving license number M47760550390710; and Luigia Curmi, Canadian passport number MN120047;

Josette Mizzi, identity card number 8783G;

Bernarda Cutajar, identity card number 216557M, in her name and in the name of her siblings Pauline Beesley , English passport number 1039651, and Josephine Humphrey, English passport number 108290;

Francis Saliba, identity card number 61654G, Josephine Ciantar, identity card number 5861G, Bernarda Debono, identity card number 20264G;

Maria Saliba, identity card number 65457G,

and

for any interest Excel Investments Limited may have, company registration number C81721

vs

John Saliba ('Our Lady of Pinu', Triq Dun Xand Aquilina, Ta' Sannat)

Application of Francis Saliba et al:

Respectfully premise:

1. That this present application relates to the following property: the house with the garden attached to it which occupies the overall surface measurement of approximately two hundred and ninety-five square meters (295m2) in Triq id-Dejqa corner with Triq San Ġużepp, Xewkija, Gozo, with the number eleven (11) of Triq San Ġużepp , and bounded from the south, east and north by public roads and west by the property of the successors in title of Caterina Azzopardi, free and unencumbered, and shown on the plan herewith attached as Doc. A;

2. That this property is owned by all the parties except Excel Properties Limited and is derived from them as explained in Doc. B;

3. This land belongs to them in the quotas indicated in the list of quotas attached here as Doc. C, and namely in a quota of one twentieth (1/20) each Carmel sive Charlie Saliba, John Saliba; one quarter (1/4) Joseph Saliba; three parts out of twenty (3/20) Frances Saliba; one thirtieth (1/30) Pietru Pawlu Camilleri; one sixtieth part each (1/60) Abigail and Michelle Ann Camilleri; one seventy-fifth part (1/75) each Josephine Micallef, Pauline Mizzi; Luigia Curmi and Anthony Mizzi; one part out of one hundred and fifty (1/150) each Maria Mizzi and Josette Mizzi; one forty-fifth part (1/45) each Bernarda Cutajar, Pauline Beesley and Josephine Humphrey; and one twenty-fifth (1/25) each Francis Saliba, Josephine Ciantar; Maria Saliba, and Bernarda Debono (all applicants who therefore together have twenty-four parts out of twenty-five (24/25)) and the remaining one part out of twenty-five (1/25) the respondent John Saliba;

4. All the applicants save for Excel Investments Limited have found the sale of this property and have effectively already entered into a promise of sale agreement on the fourth (4th) of October two thousand and twenty one (2021) through which they are committed to sell their respective share to the same Excel Investments Limited and this for the price based on a value of one hundred and ten thousand euros (€110,000) for the whole. This promise of sale agreement has been duly registered with the Commissioner for Inland Revenue;

5. Subsequently, by virtue of a deed of the 7th March, 2022, the applicant Carmel Saliba adhered to this promise of sale agreement;

6. That the applicants tried to convince the respondent so that he also sells his share based on this price but in vain;

7. That this property has been in a state of neglect and as seen from the appraisal certificate herewith attached, the existing building needs to be demolished, and it also results from that certificate that the price that will be obtained from the proposed sale is an advantageous one for the co-owners. In addition, it clearly results that the premises is not easily divisible between the parties;

8. That the applicants believe that the price agreed to in the said promise of sale agreement is an advantageous one considering the size of this property, and the state in which the building is in, as well as the location in which it is located, and all circumstances related to these premises;

Therefore, the applicants respectfully request that the Honourable Court be please in, prior to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of the Cap. 16:

1. Declare that the price as well as the conditions proposed for the sale of the applicants' share in favour of the company Excel Investments Limited from the property described above is fair and appropriate and that the same price and conditions shall apply to the sale of the share pertinent to the respondent from this same premises;

2. Approve the proposed sale, and orders the publication of the deed of sale also for that relating to the quota payable to the respondent, on a day, time and place to be set and appoints Notary Dr Vicyana Xerri to publish the deed of opportune sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

The application is appointed for hearing for Thursday, 2nd of February, 2023, at 8.00 a.m.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

07 March 2022

Notice 193

193

Banns for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 11th January, 2023, following a request by Tas-Sellum Administration Company Limited it was ordered that Deputy Curators be selected to represent Andre Verhofstadt in the acts of the Application Number 44/2022 in the names Tas-Sellul Administration Company Limited vs deputy curators and in other relative and subsequent acts whereby they requested:

Tas-Sellum Administration Company Limited (C-36436) of Tumas Group Corporate Office, Level 3, Portomaso Business Tower, Portomaso, St Julians requested this Honourable Court to condemn Andre Verhofstadt (Belgian Passport Number E1754869) of 9220 Hamme, Heirbann, 163, Belgium so that he pays the applicant company the total amount of €11,257.30.

With costs and interest till the date of effective payment against the respondent who is from now summoned so that a reference to his oath be made.

The case (Notice Number 44/2022RM) is postponed for hearing for the 31st January, 2023 at 9.15 a.m.

Applicant: Tas-Sellum Administration Company Limited (C-36436) of Tumas Group Corporate Office, Level 3, Portomaso Business Tower, Portomaso, St Julians.

Notification: deputy curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within six days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Rachel Montebello BA, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

Alexandra Debattista

For the Registrar, Civili Courts and Tribunals

19 January 2023

Notice 194

194

By a decree of the Small Claims Tribunal of the 10th November, 2022, the publication of the following extract was ordered for the purpose of service on the respondent company Proxy Service Limited in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Coleiro General Supplies Ltd (C 3429) of Msida Valley, Birkirkara, filed a Claim on the 25th March 2022, whereby they asked the Tribunal to condemn Proxy Service Limited (C 43655) of 152/9, Naxxar Road, San Ġwann SGN 9030, to pay the plaintiff company the sum of €917 which amount is due to the plaintiff company.

With costs and interests.

The case (Claim number 91/2022DBM) is deferred on the 9th February, 2023, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

19 January 2023

Notice 195

195

By means of a decree of the 31st October, 2022 of the Rent Regulation Board, in the records of the Application in the names Medrock Development Company Limited vs Saviour sive Sonny Dimech et, Application Number 547/2022LC, the following publication was ordered for the purpose of effecting service on the respondent Saviour sive Sonny Dimech in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Medrock Development Company Limited (C-2068) vs Saviour sive Sonny Dimech (ID 0419453M) and Housing Authority as intervener in the proceedings filed in the Rent Regulation Board, on the 17th June 2022, the applicant Medrock Development Company Limited requested this Honourable Board why it should not:

1. Give those orders that are necessary to carry out the means test of the respondent Dimech in terms of Article 4A(3)(c) of Chapter 69;

2. Hear the parties summarily and give those directions regarding the rent that has to be paid during the hearing of the case in terms of Article 14A(6) of Chapter 69;

3. In the event that it results that the respondent Dimech does not satisfy the criteria of the means test in terms of Article 4A(4) dissolve the lease and order that the respondent Dimech vacate from the premises 12, Triq id-Duluri, Ħamrun within a short and peremptory time that does not exceed two years and release the premises vacant and in good condition to the applicants; or

4. In the event that it results that the respondent Dimech meets the criteria of the means tests, revise the rent of the premises 12, Triq id-Duluri, Ħamrun with effect from the 1st January 2022 and to establish new conditions to regulate the same rent, in terms of Article 4A(2) of Chapter 69 of the Laws of Malta, including that the respondent shall be ordered to pay the bills that result that are due by him; and

5. In any event, liquidate the arrears of the the bills for water and electricity that result due by the respondent Dimech to the applicants together with the costs of the judicial letter 632/2021 (Doc. MD8) and order that the respondent Dimech pay such arrears to the applicants within a short and peremptory time.

With costs and legal interest, against the respondent who is hereby summoned so that a reference to his oath be made and reserving any other legal action by the applicant.

Applicant: 48, White Jade (Plot 306), Triq ta' Taħt l-Irdum, Santa Maria Estate, Mellieħa.

respondent: Sonny Dimkech – 12 Triq id-Duluri, Ħamrun.

Housing Authority

The application in the names Medrock Development Company Limited vs Saviour sive Sonny Dimech et, Application Number 547/2022LC has been postponed for hearing to the 1st February, 2023 at 10.50 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

19 January 2023

Notice 196

196

By means of a decree of the 31st October, 2022 of the Rent Regulation Board, in the records of the Application in the names Anthony Zammit et vs Carmen Vella, Application Number 532/2022LC, the following publication was ordered for the purpose of effecting service on the respondent Carmen Vella in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Anthony Zammit (ID 970347M) and his wife Mary Louise Zammit (ID 686251M) vs Carmen Vella (ID 300043M), filed in the Rent Regulation Board, on the 15th June, 2022, the applicants Anthony Zammit and his wife Mary Louise Zammit requested this Honourable Board why it should not:

1. Declare and decide that the respondent pay the applicants a compensation for the occupation of the premises that is the mezzanin together with its roof and air space marked number 40, Rob, Triq San Luqa, Gwardamangia, Pieta from the 1st January 2020 till the day of effective eviction from the said premises;

2. Liquidate such compensation due by the respondent to the applicants for the occupation of the premises that is the mezzanine together with its roof and air space marked with number 40, Rob, Triq San Luqa, Gwardamangia, Pieta as above said in more detail;

3. Condemn the respondent to pay the applicant the amount of compensation liquidated in terms of the previous request.

With costs, including those of the garnishee order number 573/2022 and with legal interest against the respondent who is from now summoned so that a reference to her oath be made. Reserving any right for any other action that the applicants have against the respondent.

Applicants: Anthony Zammit et – 154, Il-Bejta, Triq il-Ferrovija l-Qadima, Ħal Balzan.

Respondent: Carmen Vella – 40, Rob, Triq San Luqa, Gwardamangia, Pieta.

The application in the names Anthony Zammit et vs Carmen Vella, Application Number 532/2022LC has been postponed for hearing to the 1st February, 2023 at 12.45p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

19 January 2023