Court Notices published in Government Gazette No. 21,047 of 2nd May 2023
Notice 938
938By means of a decree delivered by the Court of Appeal (Inferior Jurisdiction) on 15th March, 2023, in the records of Appeal Application number 315/2020 in the names Brian Darmanin vs. Ian Tabone, the following publication was ordered in regard to the said Ian Tabone pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of Appeal Application number 315/2020 filed on 28th October, 2022, in the names Brian Darmanin vs Ian Tabone, the appellant Brian Darmanin felt aggrieved by the judgment of 12th October, 2022, delivered by the Small Claims Tribunal.
Whereas the grievances are clear and manifest and consist of the following: i) the Tribunal erred when it awarded the amount of thirty-nine euros as damages suffered by the appellant instead of the amount of five thousand euros; ii) the aforementioned Tribunal did not make a correct evaluation of the evidence; iii) the same Tribunal made a calculation error; and iv) the Tribunal was erroneous in its decision on judicial costs.
Therefore, the appellant respectfully asks this Honourable Court to reform part of the judgment of the Small Claims Tribunal of the twelfth (12) of October, 2022, wherein it upheld the appellant's requests and to revoke it in the remaining part, that is where the Tribunal limited the damages suffered by the appellant and instead liquidate the damages suffered for the entire amount requested, and that in the sum of five thousand euro plus interests and to order the respondent defendant to pay the same damages together with the costs of both instances.
Appeal Application number 315/2020 in the names Brian Darmanin vs Ian Tabone is deferred to 12th May, 2023, at 9.20 a.m.
Notification: Ian Tabone, 56, View Point FI 1, Triq l-Indipendenza, Ħal Għargħur
Dr Franco Bondin, LLD, M. Jur.
For Registrar, Civil Court and Tribunals
Notice 939
939By means of a delivered by the Court of Appeal (Inferior Jurisdiction) on 15th February, 2023, in the records of Appeal Application number 43/2012 in the names Mary Stella Catania (Maltese passport number 594250) personally and as representative of the absent Anthony Fenech (Maltese passport number 317710), Gertrude Campbell (Canadian passport JR 833420), Martin Fenech (Canadian passport VN 376213), Silvana Buchanan (Canadian passport VG 373819), Veronica Downey (Canadian passport JR 833420), Sephora Fenech (English passport 119594), Imperia Thomson (Canadian passport JR 823478), Dolores Marie Fenech (Canadian passport JR 811165) vs Mary Galea (ID 495435M) and Richard Galea (ID 410459M) and by decree of the Board of 30th July, 2013, Lewis Fenech was called in suit and by decree of the Board of 25th May, 2017, after the death of Luigi Fenech the transfer of the acts of the called in suit was made onto the name of his heir Gertrude Campbell, the following publication was ordered in regard to the said Mary Galea and Richard Galea pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of Appeal Application number 43/2012 filed on 1st August, 2022, in the names Mary Stella Catania et vs Mary Galea et, the appellants Mary Stella Catania et felt aggrieved by the partial decision delivered by the Rent Regulation Board on the 12th July, 2022, in the premised names.
Whereas the grievances are clear and manifest and consist of the following: i) the said Board failed to consider the evidence regarding the submission of the rental property not serving as the primary residence of the appealed respondents; ii) this Board erred in concluding that the claimant failed to provide proof of the alleged damages; iii) the said Board failed to consider the burden of proof of consent for structural changes; iv) the said Board failed to consider the fact that the works done were not covered by the necessary permits.
Therefore, the claimant appellants, at this stage respectfully request this Honourable Court to annul and reform the decision given on 12th July, 2022, in the names mentioned, number 43/2012 MV, by upholding the grievances set out in the present appeal and consequently upholding the applicants' claims and thus dismissing all the pleas brought forward by the respondents in their entirety with the costs of the two instances against the said respondents.
Appeal Application number 43/2012 in the names Mary Stella Catania et vs Mary Galea et is deferred to 24th May, 2023, at 9.10 a.m.
Notification: Mary Galea and Richard Galea, 37, Flat 2, Triq il-Magna tas-Serrar, Msida
Dr Franco Bondin, LLD, M. Jur.
For Registrar, Civil Court and Tribunals
Notice 940
940By decree given by the Civil Court, First Hall, on the 24th April, 2023, on the application of Bank of Valletta plc (C2833), Thursday, 6th July, 2023, 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:
Tenement numbered fifty four (54) previously numbered seventy two (72) in Triq Santa Marija, Ħaż-Żebbuġ, Malta, including its airspace and the underlying basement, with a well in common with the adjacent properties previously numbered seventy one (71) and seventy three (73) respectively, with the wellhead in the entrace as described in the acts of Notary Doctor John Spiteri dated thirtieth (30) July, one thousand nine hundred and ninety seven (1997), free and unencumbered and valued at eight hundred and fifty thousand euro (€850,000).
The said tenement is the property of Gouder Maria Gloria (ID 499159M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 52/2019.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 941
941By decree issued by the Civil Court, First Hall, on 3rd March, 2023, in the acts of Sworn Application number 52/2023AJD, which was presented on 17th January, 2023, in the names: Architecture 360 Ltd (C71643) vs Camilleri Mario, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Orders the respondent Mario Camilleri to pay the plaintiff company the amount of seventeen thousand and seven hundred euro (€17,700.00). With all costs and with legal interest against the respondent who is from now summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 1st June, 2023, at 10.45a.m.
Notification Respondent: Camilleri Mario, Apt 4, Fairfield Court, Triq il-Mitħna, Birkirkara
Register of the Superior Courts, today 26th April, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 942
942It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 13th, April 2023, and upon an application numbered 211/2023, ordered:
The Director of the Public Registry so that when he comes to register the Act of Birth of Cynthia Vella Cordes, he makes the annotations on that Act of Birth which indicate that the name of Cynthia Vella Cordes, was changed from Cynthia Lauren to Cynthia Vella and that this change should also be reflected in her Act of Marriage if it is requested that this also be registered in the Public Registry of Malta in terms of Article 244 of the Civil Code (Cap. 16).
Court of Revision of Notarial Acts, today Thursday, 27th April, 2023
ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)
Deputy Registrar, Court of Revision of Notarial Acts
Notice 943
943By a decree of the Court of Magistrates (Malta) of the 14th September 2021, the publication of the following extract was ordered for the purpose of service of the defendant Jonathan Agius in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application filed on the 27th August, 2021, in the acts of the judicial letter number 911/2016 in the names Elmo Insurance Limited (C3500) vs Jonathan Agius (ID 124781M) whereby Elmo Insurance Limited (C3500) duly represented for the purposes of this judicial act by Advocate Doctor Alessia Zammit Mckeon (ID 550283M) respectfully requested this Court to authorize her to execute the executive title granted to it in terms of Article 166A of Cap. 12 of the Laws of Malta in the names Elmo Insurance Limited vs Jonathan Agius (Reference number 911/16) against Jonathan Agius, and this in terms of Article 258 et sequitur of Cap. 12 of the Laws of Malta and this according to the orders, provisions and/or directives that the same Honourable Court deems fit and opportune in the circumstances.
Applicant company: TriqAbate Rigord, Ta' Xbiex
Service: St Michael, Flat 2, Triq it-Tabib Chetcuti, Mosta
In the Court of Magistrates (Malta)
Magistrate: Dr Victor G. Axiak
The Court,
Orders that the application be notified to the defendant Jonathan Agius who has twenty (20) days to reply.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 944
944By a decree of the Court of Magistrates (Malta) of the 3rd March, 2023, 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).
Fabio Marinelli (ID 0120256A) of Highwinds Court, Flat 5, Triq San Injazju ta' Loyola, Naxxar, filed a Claim on the 30th January, 2023, whereby they asked the Court to condemn Bstarters Limited (C82957) of Kavarra Court, Flat 2, Triq il-Gżira, Gżira, and Just One Star Limited (C82620) of 111, Suite 5, Triq Manoel De Vilhena, Gżira, to pay the plaintiff the sum of €12,000 or any other sum that is liquidated by this Honourable Court, which amount is due to the plaintiff.
With costs and interests
The case (Notice number 22/2022LC) in the names Fabio Marinelli vs Bstarters Limited et is deferred for hearing for the 29th May, 2023, at 9.30 a.m.
Notification: Bstarters Limited (C82957) of Kavarra Court, Flat 2, Triq Gżira, Gżira
Just One Star Limited (C82620) of 111, Suite 5, Triq Manoel De Vilhena, Gżira
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 945
945Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Court of Magistrates (Malta) on the 3rd October, 2022, following a request by Dorothea sive Dora Scicluna et it was ordered that Deputy Curators be selected to represent the unknown direct owner or owners in the acts of the schedule of deposit number 3292/2022 in the names Dorothea sive Dora Scicluna et vs Deputy Curators and in other relative and subsequent acts.
By means of a schedule of deposit filed in the Court of Magistrates (Malta) on the 28th September, 2022, in the names Dorothea sive Dora Scicluna (ID 875851M) and her husband Aldo Scicluna (ID 152853M) vs Deputy Curators to represent the unknown direct owner or owners, the applicants Dorothea sive Dora and Aldo spouses Scicluna respectfully submitted:
That the applicants are the owners of the premises that is the apartment number 3 forming part of a block with the name Oriel Court, with official number 55 in Triq il-Papa Ġwanni XXIII, Birkirkara;
That, also the property abovementioned is subject to the annual and perpetual groundrent of Lm20 equivalent to €46.59;
That the applicants doe not know to whom the canone is due and thus it is not being paid;
That together with this schedule of deposit and application for the nomination of deputy curators to represent the interest of the unknown direct owners or their successors in title is being filed;
That the applicants wish to pay five(5) years groundrent and that is the amount of €232.95 whilst for all intents they are paying the laudemium for the amount of €46.59;
Thus, the applicants are humbly requesting this Honourable Court and under its Authority are depositing the total amount of €279.54 so that this amount will be freely withdrawn by the respondents after leaving the relative receipt.
Applicant: Dorothea and Aldo Scicluna, 55, Oriel Court, Flat 3, Triq il-Papa Ġwanni XXIII, Birkirkara
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 (6) days in this registry and file a note with a declaration that he is prepared to act as such.
You are also ordered to inform everyone 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 Victor G. Axiak, BA, LLD, Dip. Tax, Doctor of Laws, Magistrate of the abovementioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 946
946By decree issued by the Civil Court, First Hall, on 19th April, 2023, in the acts of Sworn Application No. 61/2023RGM, which was presented on 26th January, 2023, in the names: Cutajar Francis et vs Chapelle Residence Ltd, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Appoints deputy curators for the representation of eventual defaulters on the same deed.
The Sworn Application in the names mentioned above is postponed to 22nd June, 2023, at 9.30 a.m.
Notification Respondent: Chapelle Residence Ltd, Il-Bona, Sqaq il-Mudurbu, Mqabba
Register of the Superior Courts, today 27th April, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 947
947By decree issued by the Civil Court, First Hall, on 18th April 2023, in the acts of the Sworn Application number 116/2022JVC, which was presented on 22nd November, 2022, in the names: Hornyold Strickland Robert vs Naudi Francis noe, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Declare the defendant responsible for the damages suffered by the plaintiff, liquidate and order the defendant to pay all those damages suffered by the plaintiff with legal interests. With all legal costs and interests against the respondent who is now summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 22nd June, 2023, at 9.30 a.m.
Notification Respondent: Naudi Francis noe, Amber Milner Grove, 4, Amber, 15, Triq Għar id-Dud, Tas-Sliema
Register of the Superior Courts, today 27th April,2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 948
948Whereas Michael Axiaq filed a writ of summons no. 40/2023 (SG) in the names 'Axiaq Michael vs Direttur tar-Reġistru Pubbliku' demanding corrections in the Act of Birth of exponent, bearing number four hundred and twenty two, of the year one thousand nine hundred and fifty-eight (422/1958).
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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.
Silvio Xerri
For the Registrar, Gozo Courts and Tribunals
Notice 949
949By means of a decree of the 24th February, 2023, of the Civil Court (Family Section), in the records of the Application in the names Angelov Tihomir Georgiev vs Maria Dolores sive Doriann Georgieva, Application number 128/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Maria Dolores sive Doriann Georgieva 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 acts of the application number 128/2021AL filed in the 30th March, 2022, in the names Angelov Tihomir Georgiev vs Maria Dolores sive Doriann Georgieva, whereby the applicant requested this Honourable Court to authorise the presentation of the bank accounts in the name of the mother and father of Maria Dolores sive Doriann Georgieva and this in order to establish the entire estate that is part of the communion of acquisitions between the parties in the interest of judgement.
Notification: Maria Dolores sive Doriann Georgieva, Bettina Court, Flat 7, Triq Xandru D'Amato, Żurrieq
Civil Courts (Family Section)
The Honourable Judge Abigail Lofaro, LLD, Dip. Stud. Rel. Mag. Jur. (Eur. Law)
The Court,
Saw the application of the 30th March, 2022
Orders the notification to the counterparty who has five working days within which to submit a reply.
The Application in the names Angelov Tihomir Georgiev vs Maria Dolores sive Doriann Georgieva, Application number 128/2021AL, has been postponed for hearing to the 25th May, 2023, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 950
950Banns for Curators
Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 2nd February, 2023, following a request of Mark Azzopardi it was ordered that deputy curators be chosen to represent the absentee Itrat Saeeda, in the records of the Sworn Application 44/2023JPG, in the names Mark Azzopardi vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the Civil Court (Family Section), in the names Mark Azzopardi (ID 0321471M) vs Deputy Curators to represent the absentee Itrat Saeeda (Pakistani Passport number E428988), on the 27th January, 2023, the applicant Mark Azzopardi (ID 0321471M) requested this Honourable Court so that it:
1. To pronounce the dissolution of the marriage between the parties;
2. Orders the Registrar of Courts so that within the period stipulated for this purpose by the same Court, he informs the Director Public Registry with the divorce of the parties, so that it is registrered in the Public Registry.
Applicant: Mark Azzopardi – 39, Okella Agius, Flat 13, Triq Ħal Qormi, Ħamrun
Notification: 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 Grazio Mercieca LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 951
951Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 10th January, 2023, following a request by Monica Magro et it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 57/2023 in the names Monica Magro et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of ground rent number 57/2023 in the names of Monica Magro, wife of Armando sive Herman Magro, company director, daughter of the late Anthony Bezzina and Mary née Farrugia, born in Hamrun on the 2nd March, 1952, and residing in Ħ'Attard (ID 193553M) and Carmen Houlton, wife of Joseph Houlton, company director, daughter of the late Anthony Bezzina and Mary née Farrugia, born in Ħamrun on the 1st October, 1950, and residing in Ħ'Attard (ID 812950M) vs Deputy Curators to represent the unknown direct owner/s of the groundrent, filed in the First Hall of the Civil Court on the 9th January, 2023, the applicants Monica Magro (ID 193553M) et respectfully submitted:
The applicants are the owners of the tenement number 171 previously number 56 which is found in Gwardamanġa, Gwardamanġa Hill. The premises are marked on the site plan attached Doc. M1;
That these premises were assigned in favour of Anthony Bezzina, father of the applicants by means of a contract of division in the records of Notary Doctor Joseph Cachia dated 5th May, 1979 (copy attached Doc. M2);
Anthony Bezzina died on the 12th November, 1980, and as results from the will in the records of Notary Doctor Joseph Cachia dated 15th March, 1976, he left his two children Monica Magro and Carmen Houlton as universal heirs of all his properties and estate subject to the usufruct in favour of their mother Mary Bezzina. Mary Bezzina died on the 12th July, 2010;
That as better results from the contract Doc. M1, the property in question is subject to the annual and perpetual groundrent of Lm0.53,7 equivalent to €1.25;
That the applicants wish to avail themselves of the option given to them by means of Article 1501 of Cap. 16 of the Laws of Malta and redeeem the annual and perpetual groundrent;
That consequently this annual and perpetual groundrent of €1.25 capitalised at the rate of 5% in terms of Article 1501 of the Civil Code, amounts to €25.00;
That the applicants declare that the owner/s of this annual and perpetual groundrent are unknown to them. The applicants state that their predecessors paid the groundrent to the Ursuline Sisters and after the agreement reached with the State and Santa Sede, they were requested by the nuns not to continue paying the groundrent to them and to start paying at the Joint Office. Although the Joint Office at first accepted the groundrent for the first three years, the Joint Office did not open a file for this groundrent and thus the applicants of their predecessors could not continue to pay the groundrent to them. Thus this schedule of deposit is being made against deputy curators of the unknown owners, whilst it is being notified to the Lands Authority (Joint Office) for any interest they may have;
The applicants are also by means of this schedule of deposit depositing the amount of €6.25 as the groundrent for the last five years.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the amount of €31.25 and that is €25 to redeem the groundrent in terms of Article 1501 of Cap. 16 on the property mentioned and €6.25 as groundrent for the last five years, which amount will be freely withdrawn by the deputy curators after leaving the relative receipt according to law.
Applicants: Monica Magro, 31, San Antonia, Triq il-Linja, Ħ'Attard
Carmen Houlton, 21, Dar Santa Marija, Triq Mario Cortis, Ħ'Attard
Notification: Deputy Curators
Director Public Registry
Lands Authority (Joint Office), Auberge de Baviere, Valletta, for any interest they may have
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 Ian Spiteri Bailey, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 952
952By means of a decree of the 6th April, 2023, of the Rent Regulation Board, in the records of the Application in the names Hugo's Hotel Limited vs Amor Bentanfous, Application number 803/2022JG, the following publication was ordered for the purpose of effecting service on the respondent Amor Bentanfous 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 Hugo's Hotel Limited (C-8556) vs Amor Bentanfous (ID 20253A) filed in the Rent Regulation Board, on the 5th October, 2022, the applicant Hugo's Hotel Limited (C8556) requested this Honourable Board why it should not:
1. Decide the case without proceedings to trial in terms of Article 16A of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;
2. Order the eviction of the respondent from the premises previously leased known as Middle East Muse in the road that connects Triq Santa Rita with Triq San Ġorġ, Paceville, St Julian's, within a short and peremptory time after declaring that the lease ended as per the written lease agreement agreed between the parties dated 6th July, 2019;
3. Order the respondent to pay the applicant all arrears of rent, insurance premium and rental of electricity and water services, and of the consumption of the said services in the premises previously leased and which till the 4th October, 2022, these amounted to €127,148.34;
4. Order the respondent to pay the applicant the penalties mentioned in Article 5.5 of the lease agreement agreed between the parties dated 6th July, 2019, which started to run from the 8th August, 2022, that is one week according to Clause 5.5.and namely from the day that the applicant informed the respondent with the relative violation breach according to Clause 14.2 of the said lease agreement, until the day of the effective eviction of the respondent from the leased premises;
5. Order the respondent to pay the applicant the penalties mentioned in Article 9.3 of the lease agreement and agreed between the parties of the 6th July 2019, from the 2nd August, 2022, that is three (3) days from the day that the applicant informed the respondent of the relative breach according to Clause 14.2 of the said lease agreement, till the day of the effective eviction of the respondent from the leased premises;
6. Order the respondent to pay to the applicant the penalties mentioned in Article 14.5 of the lease agreement agreed between the parties dated 6th July, 2019, from the 8th August, 2022, that is one week, according to Clause 14.1A from the day that the applicant informed the respondent with the relative breach according to Clause 14.2 of the said written lease agreement until the day of the effective eviction of the respondent from the leased premises;
With costs including those of the judicial letter 2620/2022 filed in the Registry of this Board; and
With interest that runs from the day that the arrears and other related further payments became due during the commercial relationship between the parties, till the day of effective payment.
Applicant: Hugo's Hotel, Triq Santu Wistin, Paceville, St Julian's
Respondent: 22, San Girgor, Block A, Appt 3, Misraħ Karmenu Grima, Żejtun
The application in the names Hugo's Hotel Limited vs Amor Bentanfous, Application number 803/2022JG, has been postponed for hearing to the 29th May, 2023, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 953
953By means of a decree of the 16th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Gasanmamo Insurance Limited vs Lydia Schembri et, Application Number 881/2022JG, the following publication was ordered for the purpose of effecting service on the respondents Lydia Schembri and Meftah Mohamed Mansour Mohamed 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 Gasanmamo Insurance Limited (C3143) vs Lydia Schembri (ID 0504557M) and Meftah Mohamed Mansour Mohamed filed in the Rent Regulation Board, on the 28th September, 2022, the applicant Gasanmamo Insurance Limited (C3143) requested this Honourable Board to find why it should not:
1. Decide the case based on Article 16A of the Reletting of Urban Property (Regulation) Ordinance and that is without proceeding to trial;
2. Declare that the respondents are occupying the premises that is the apartment internally with number 3 forming part of a block of apartments known as Lourdes Building, Block 1 and located in Triq l-Imsida, Gżira, without any valid title at law;
3. Consequently order that the respondents so that within a short and peremptory time that is fixed by this Honourable Court vacate from the said premises. All as it was declared above and for the reasons premised.
With costs including those of the legal letter of the 15th March, 2022, against the respondent or any one of them who are from now summoned so that a reference to their oath be made.
Applicant: Triq l-Imsida, Gżira
Respondents: Lourdes Building, Flat 3, Triq l-Imsida, Gżira
The application in the names Gasanmamo Insurance Limited vs Lydia Schembri et, Application number 881/2022JG, has been postponed for hearing to the 31st May 2023, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 954
954Notice, Registry of the Civil Court (Family Section)
Whereas the plaintiff Pat Sumaru (ID 0065884A) filed an application under oath (No. 87/23 AL) demanding corrections of the Act of Birth of the minor William Oghenerume Sumaru Yusuf bin- numru 5857/2021 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Rita Vella Baldacchino
For Registrar, Civil Courts and Tribunals
Notice 955
955By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 14th December, 2022, the publication of the extract that appears below was ordered for the purposes of notification according to the article 931(3) of the Code of Organization and Civil Procedure, Cap. 12 of the laws of Malta.
Banns for Curators
Republic of Malta
To the Executive Officer of the Court of Magistrates (Gozo)
It is hereby notified that by a decree given on 14th December, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below for every intent and purpose of the law and to serve as notification according to article 931 et sequitur of the Code of Organization and Civil Procedure.
By a decree given on the 14th December, 2022, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and concurrent deposit bearing number 424/2022 in the names Thaddeus sive Teddy Refalo et vs Deputy Curators to represent the unknown person or persons entitled to the payment of the perpetual ground rent and sub ground rent of the immovable described below, which schedule of deposit was filed on the 5th December, 2022, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.
The immovable property object of this schedule of deposit are:
A plot of land called Ta' Ġnien Qassis, in the limits of Xagħra, Gozo, measuring approximately five hundred and forty-one square meters (541m2), bordering on the east by property of Augustin Theuma, on the southwest by property of Eucharist Refalo, on the north by property of Emanuel Grima, which land is outside the development zone;
another plot of land called Ta' Ġnien Qassis, in the limits of Xagħra, Gozo, measuring circa seven hundred and fifty-four square meters (754 m2), bordering on the north by property of George Camilleri, on the south by property of Emanuel Grima and on the southwest by property of the Refalo family, situated outside the development zone;
another plot of land called Ta' Ġnien Qassis, limits of Xagħra Gozo, lying outside the development zone, measuring circa one thousand and eighty-four square meters (1084m2), bordering on the north by property of Paul Sultana, on the south by property of Emanuel Theuma or of his heirs or successors in title, and on the east by property of the Refalo family,
subject to an annual and perpetual ground rent and sub ground rent of fifty-eight euro cents (€0.58c), free and unencumbered, which portions of land appear delineated in red on the plan attached to the schedule of deposit and marked as Document 'A';
That the applicants wish to avail themselves of the faculty granted to them by article 1501 of Cap. 16 of the Laws of Malta, and redeem this ground rent in accordance with the law;
That the amount of fifty-eight euro cents (€0.58) capitalized at five percent (5%) amounts to eleven euro and sixty euro cents (€11.60);
That in addition, applicants are bringing themselves in line with the said law and by means of the present schedule of deposit, they are depositing in favour of the respondents the payment of five years' arrears of the same ground rent and sub ground rent in the amount of two euros and ninety euro cents (€2.90);
Accordingly, applicants are having recourse to this Honourable Court, and under its authority they deposit the total sum of fourteen euros and fifty cents of the euro (€14.50) as redemption price and payment for the ground rent and sub ground rent mentioned above and this in terms of the abovesaid article of the Civil Code so that this sum may be freely released in favour of the mentioned respondents after they tender due receipt according to law;
Whereas the applicants wish to avail themselves of the faculty accorded to them by Article 1501 et sequitur of the Civil Code, and thus redeem this ground rent according to law;
Whereas the amount of one euro and forty-six cents (€1.46c) that burthens this immovable, capitalized at the rate of five percent (5%) amounts to twenty-nine euro and twenty cents (€29.20c).
Wherefore, the applicants, in order to exonerate themselves from any responsibility, are having recourse to this Honourable Court and under its authority are depositing the sum of twenty-nine euros and twenty cents (€29.20c), which sum can be freely withdrawn by the respondent after tendering due receipt.
You, executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court and thereby summon anyone who wants to be accepted as a curator to appear within a period of six (6) days in this Registry and make a note declaring that he accepts this.
You are also ordered to inform each and every one that if they do not make this declaration within the stipulated timeframe, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.
Given by the Magistrates' Court (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of the Magistrate Dr Brigitte Sultana LLD, LL.M. (Cardiff), Adv. Trib. Eccl. Melit, Magistrate of the aforementioned Court.
John Vella
Deputy Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 956
956By decree issued by the Civil Court, First Hall, on 18th April 2023, Application number 407/2023GM KK, in the records of the Schedules of Deposit Nos. 2186/2018, 2026/2019, 1537/2019, 2218/2021 and 796/2021, which was presented on 12th May, 2022, in the names Peter Fenech Avukat noe vs Express Logigroup Ltd, the following publication was ordered, pursuant to Article 416(1) et sequitur of Cap. 12. The applicant asked this Honorable Court to, among others:Orders that proceedings be initiated for the ranking of claims, in terms of Article 416 of the Code of Organization and Civil Procedure (Cap. 12), on the deposits made through the Schedules of Deposit mentioned above. Moreover, anyone who may have an interest must bring forward their rights within one month from the date of pubblication. Accordingly, anyone who may have an interest must bring forward their rights within one month from the date of publication.
The Hearing in the names mentioned above is adjourned on the 15th June, 2023, at 9.00 a.m.
Register of the Superior Courts, today 28th April, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 957
957By means of a decree of the 19th October, 2022, given by the Civil Court First Hall in the records of judicial letter number 70/2022, in the names Registrar of Civil Courts and Tribunals vs Island Ferry Three Company Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur Cap. 12.
In the First Hall of the Civil Court
To Island Ferry Three Company Limited of 61, Marina Crt, Flat 13, Triq Abate Rigord, Ta' Xbiex
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €279.75 due by you as Registry fees in connection with the law suit in the names:
Island Ferry Three Co Ltd vs Supreme Travel Ltd et (LM1) deserted on the 18th October, 2021
You can also pay online by accessing the website: ecourts.gov.mt and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 958
958By means of a decree of the 20th March, 2023, in the records of the judicial letter number 1421/2022, in the names Lombard Bank Malta plc vs Italiana Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Italiana Limited, Ivan Caruana, George Caruana, Ambassador Clothing Limited and G. Caruana & Bros in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Italiana Limited (C 23060) and Mirko Caruana and Alessia Caruana as presumptive heirs of Tonio Caruana and also Desiree Caruana, Ivan Caruana (ID 244563M), Marion Caruana, George Caruana (ID 554458M), G. Caruana & Bros (P32) and Ambassador Clothing Limited (C22440) .
By means of this present, Lombard Bank Malta plc of number 67, Triq ir-Repubblika, Valletta, formally refers you to the deed of loan in the records of Notary Doctor Malcolm Mangion dated 16th September 2011 and by means of which the interpellant Bank gave by title of loan to the respondent company Italiana Limited, the amount of €70,000 which loan was guaranteed by the other respondents in solidum amongst them and together with the principal debtor. A legal copy of the said deed is here attached animo ritrandi as Doc. LB1.
The interpellant bank solicits you so that within seven days from the date of notification to you of this judicial letter, in solidum amongst you, you pay the total amount of €112,164.22 due by you according to the statement marked as Doc. LB2, which amount includes the interest calculated till the 23rd March, 2022.
In default of payment within the time given to you, the interpellant Bank, whilst withdrawing the attached document LB1 here attached will proceed further against you according to law without further notice.
This judicial letter is being sent to you inter alia for all the purposes of Article 256(2) of Cap. 12 and is intended to render the notarial deed above mentioned executable, and thus the same contract will constitute executive title, as intended in Article 253(b) of Cap. 12.
So much that you know how to proceed
With costs and further interest till the effective payment.
Notification: George Caruana, 1, Chalet Mansions, Flat 8, Triq Għar id-Dud, Tas-Sliema SLM 1570
Italiana Limited, Bagatt TT, 49, Triq Santa Luċija, Valletta
Ivan Caruana, 18, Tulip, Flat 4, Triq Pace, Tas-Sliema SLM 3072
Ambassador Cloting Limited, 10, The Strand, Tas-Sliema
G. Caruana & Bros, 10, The Strand, Tas-Sliema
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 959
959By means of a decree of the 1st March, 2023, in the records of the judicial letter number 1735/2022, in the names United Acceptances Finance Ltd vs Ahmed Kaabar 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 Ahmed Kabaar (ID 28600L) and Nadia Costa (ID 21481M) of 11, Coral, Triq Ras il-Ġebel, Xgħajra, on the 13th July, 2022, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to seventeen (17) bills of exchange from the account number 0304320135 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 30 to 46.
The interpellant calls upon so that within two days you pay the sum of €10,200 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
Notice 960
960By means of a decree given on the 14th March, 2023, in the records of the judicial letter number 2469/2022, in the names Permanent Secretary in the Ministry for Health vs Eleanora Morezzi, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Eleanora Morezzi (ID 202628A) of 5 Lyttleton, Triq Ċensu Bugeja, Iklin, on the 5th October, 2022, the Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €404.05 representing overpayment done from Mater Dei Hospital according to the attached document and marked as Doc. A.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 961
961By means of a decree of the 14th March, 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 85/2023 in the names Carmel Dalmas et vs Patrick Calleja , the following publication was ordered for the purpose of effecting service on the respondent Patrick Calleja in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Patrick Calleja (ID 315067M) of 64, Obsession, Triq il-Fortizza, Pembroke, PBK 1224, Malta
By the present, Carmel Dalmas (ID 256628M) of 31, Vjal in-Naspli, San Ġwann u Beatrice Dalmas (ID 195435M) of 31, Vjal in-Naspli, San Ġwann, solicit you so that within seven (7) days from the notification of this judicial letter you pay the amount that you were paid by the interpellants and come forward for the liquidation of damages that you caused because of your failure to observe your obligations in accordance with the agreement you signed with the interpellants on the 26th October, 2021, which agreement regulated the provision of carers together with the preparation of all the related documents so that the same interpellants can be given all the necessary help and apply for the subsidy that the Government grants in this regard.
In default, the interpellants will proceed against you.
This judicial letter is being sent for all the purposes and effects of law according to Cap. 12 and Cap. 16 of the Laws of Malta.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 962
962By means of a decree of the 6th March, 2023, in the records of the judicial letter number 2596/2021, in the names HSBC Bank Malta plc vs Warren Falzon et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.
In the Courts of Magistrates (Malta)
To Warren Falzon (ID 529087M) and Maria Mckay Falzon (ID 550292M) of Windmill Court, Block B, Flat 16, Triq Sant'Agata, Bubaqra, Żurrieq ZRQ 2703
By means of this present, HSBC Bank Malta plc (C3177) of 32, Triq il-Merkanti, Valletta
Draws your formal attention to the fact that on the 2nd September, 2021, you were in delay of payment of the loan given to you by means of a contract in the records of Notary Joseph Abela dated 29th October, 2018, in the amount of €4,774.70 and thus the interpellant company solicits you so that within two days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €477.47 per month will be added after that date.
Informs you that if you fail to pay all the arrears within fifteen days from the day of notification of this letter, the whole loan amount will be due all at once.
To avoid useless court fees, if the payment of the loan is not possible in the time given and you néed more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage 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 yourselves
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 963
963By means of a decree of the 30th May, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1227/2021 in the names Automated Revenue Management Services Limited noe vs Carmela Chetcuti, the following publication was ordered for the purpose of effecting service on the respondent Carmela Chetcuti in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Carmela Chetcuti (ID 313075M) of Shamal Crt, Fl. 7, Triq is-Seneskalk, Naxxar
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,463.93 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations and the water supply regulations together with interest due on the amount and which amount consists of the following:
i. As for bill number 101000143302 the amount of €1,959.82 regarding the premises with address C/Parts Shamal, Triq is-Seniskalk, Naxxar; and
ii. As for bill number 101000151482 the amount of €795.60 regarding the premises with address GGE, Shamal Crt, Triq is-Seneskalk, Naxxar; and
iii. As for bill number 101000131589 the amount of €393.36 regarding the premises with address Flt 7, L-Shamal Crt, Triq is-Seneskalk, Naxxar, San Pawl tat-Targa; and
iv. As for bill number 101000152238 the amount of €315.15 regarding the premises with address Shamal Crt, Garage 7, Triq is-Seneskalk, Naxxar.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 964
964By means of a decree of the 27th July, 2021, of the Court of Magistrates (Malta) in the records of judicial letter number 1089/2021, in the names Malta Transport Authority vs Kenneth Mallia Milanes, the following publication was ordered for the purpose of effecting service on the respondent Kenneth Mallia Milanes in terms of Article 187(3) et seq of Cap. 12.
In the Court of Magistrates (Malta)
To Kenneth Mallia Milanes (ID 0279869M) of'Sacred Heart, Flat 3, Triq il-Qawra, San Pawl il-Baħar, Malta
By the present Malta Transport Authority, hereby established by Article 5 of the Malta Transport Authority Act of the Malta Transport Authority, Malta Transport Centre, Ħal Lija, LJA 2021, is notifying you with the attached sworn declaration marked as Document A for all the effects and purposes of Article 466 of Cap. 12 of the Laws of Malta and is soliciting you to pay the amount of €8,414.72, which amount is sure, liquid and due representing the value of the amount due by you to the interpellant in connection with the vehicle with registration number DGV 091.
Despite several interpellations from the interpellant to pay the amount due, you failed to pay by the date of submission of this letter. And also, there is no valid reason for this default.
This act is being sent to you for all the purposes and effects of Law and in default of payment or opposition on your part in terms of the said Article 466 Cap. 12 of the Laws of Malta the interpellant passes to execute this credit according to law.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals