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Court Notices published in Government Gazette No. 21,102 of 18th August 2023

Date Icon 18/08/2023

Notice 1629

1629

By a decree of the Small Claims Tribunal of the 19th April, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Raymond Azzopardi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

George Camilleri (ID 0429646M) of 88, Golden Vale, Triq Ġużè Galea, Ħal Qormi, filed a Claim on the 13th April, 2023, whereby he asked the Tribunal to condemn Raymond Azzopardi (ID 327177M) of 59, Redentur, Triq Kola Xara, Rabat (Malta), to pay the plaintiff the sum of €4,325 or any other amount, which amount is due to the plaintiff.

With costs and  interests

The case (Claim number 140/2023CL) is deferred on the 27th September, 2023, at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

11 August 2023

Notice 1630

1630

By a decree of the Small Claims Tribunal of the 23rd May, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Fiorentina Darmenia Jochimsen in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Complex Co. Ltd (C61722) as Administrator of 183, Rudolph Street Owners Association (Number 0025) of 11, St Francis, Triq Ta' Gawdieri, San Ġwann, filed a Claim on the 5th May, 2023, whereby they asked the Tribunal to condemn Fiorentina Darmenia Jochimsen of Flat 2, 183, Triq Rudolph, Tas-Sliema, to pay the plaintiff company the sum of €1404.21, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 161/2023CL) is deferred on the 27th September, 2023, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

11 August 2023

Notice 1631

1631

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 19th July, 2023, following a request by Stuart Blackburn in his capacity as liquidator for and on behalf of Metalfond Ltd (D3778) a company registered in Malta with reference number C5802, it was ordered that deputy curators be chosen to represent the absentee Entreprise Nationale de Fonderie in the acts of the schedule of deposit number 1471/2023 in the names Stuart Blackburn et noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit number 1471/2023 in the names of Stuart Blackburn in his capacity as liquidator for and on behalf of Metalfond Ltd (D3778) a company registered in Malta with reference number C5802 vs Deputy Curators to represent the absentee Enterprise Nationale de Fonderie a company registered in Algeria filed in the Civil Court (Commercial Section) on the 17th July, 2023, the applicant Stuart Blackburn in his capacity as liquidator for and on behalf of Metalfond Ltd (D3778) a company registered in Malta with reference number C5802 respectfully submitted:

That the interpellant Stuart Blackburn had been appointed liquidator of Metalfond Ltd (D3778) (C5802) (Metalfond) once on the 7th July, 1994, a decision had been taken by the shareholders so that the same Metalfond be dissolved.

The interpellant Stuart Blackburn is now at the stage where he is concluding the liquidation of the same Metalfond. Before he can do so, it is necessary that the liquidator distributes the company's assets back to its shareholders, which shareholders, as far as the interpellant is informed, include the respondent Entreprise Nationale de Fonderie, a company registered in Algeria, as well as Malta Government Investments Limited (Malta Government Investments) a company registered in Malta with is registration number C10175 and this in proportion to the portions of shares which they hold in Metalfond i.e. 33% and 66% respectively.

Whilst there was no difficulty in making the distribution described in the previous paragraph in favour of the holding company Malta Government Investments, the liquidator has encountered difficulty in executing the distribution in favour of the respondent Entreprise Nationale de Fonderie and this due to the lack of information that the liquidator has about the same. This is preventing the liquidator from concluding the liquidation of Metalfond.

Thus, the applicant wishes to deposit the sum of €57,000 under the authority of this Honourable Court, which sum represents the distribution due to Entreprise National de Fonderie in the context of the liquidation and dissolution of Metalfond, so that it be withdrawn by whoever has a right to it according to law and thus he would be in a position to conclude the liquidation of the same.

Thus, the applicant as liquidator of Metalfond, is calling upon this Honourable Court and under its authority is depositing by means of this schedule of deposit the sum of €57,000 and this so that this sum be freely withdrawn by whoever has a right to it according to law.

Notification: Deputy curators

Director Public Registry, Onda Building, Triq Aldo Moro, Marsa MRS 9065                        

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 Anthony Ellul, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 August 2023

Notice 1632

1632

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 21st June, 2023, following a request by Commissioner for Revenue it was ordered that deputy curators be chosen to represent the absent Oberdan Chimenti et noe in the acts of the judicial letter number 2584/2023 in the names Commissioner for Revenue 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 15th June 2023 by The Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana against deputy curators to represent the absent Oberdan Chimenti (Italian Passport number YA8828664) and Alberto Brigaglia (Italian Passport AA5408857) in their own name and as directors for and on behalf of the company Maori Yacht World Limited (Reg. number C73359), the Commissioner for Revenue 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 folowing amounts respectively:

i. As for Oberdan Chimenti (Italian passport number YA8828664) in his own name and also as director for and on behalf of the company Maori Yacht World Limited (Reg. number C73359) the amount of €46,059.75;

ii. As for Alberto Brigaglia (Italian Passport Number AA5408857) in his own name and alos as director for and on behalf of the company Maori Yacht World Limited (Reg. number C73359) the amount of €474,216.23;

iii. As for Maori Yact World Limited (Reg. number C73359) the amount of €578,848.69 representing the respective amounts due by you according to the same Act;

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

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

If you fail to abide with this calling you are informed that the Commissioner of Revenue shall pass to execute the said executive title he has against you by means of the opportune warrants.

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

Interpellant: Commissioner for Revenue, Block 5, Triq Vincenzo Dimech, Floriana

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 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

11 August 2023

Notice 1633

1633

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 2nd September, 2022, following a request by Kevin Farrugia it was ordered that deputy curators be chosen to represent the unknown successors in title of the original direct owner and the sub direct owner in the acts of the schedule of deposit number 1652/2022 in the names Kevin Farrugia vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of ground rent and subgroundrent number 1652/2022 in the names of Kevin Farrugia, son of Paul Farrugia and Maria Caruana, born in Tal-Pietà on the 27th August, 1977, and residing in Qrendi (ID 416377M) vs Deputy Curators to represent the successors in title of the company Alexander Limited (C-989) and also to represent the interest of the unknown direct owners, filed in the First Hall of the Civil Court on the 1st September, 2022, the applicant Kevin Farrugia respectfully submitted:

That the applicant owns the apartment internally marked with number 12 forming part of the block with official number 33, with the name Saliba Flats, in Triq il-Qalb Imqaddsa in St Julian's, together with one twelfth (1/12) undivided share of the common parts of the same block and this as better described in the contract of acquisition in the records of Notary Andre Farrugia of the 4th February, 2015, (Doc. A attached).

That the said premises is subject to the annual and perpetual subgroundrent of €45.42 and also for the annual and perpetual groundrent of €1.16 otherwise free and unencumbered with all its rights and pertinences as shown on the site plan here attached and marked as Doc. B.

That it is stated that the subgroundrent was paid to the company Alexander Limited, which today no longer exists and the applicant has no clue who are the successors in title of the same, whilst the applicant does not know who are the successors in title of the original direct owners regarding the groundrent and thus he is proceeding also against deputy curators;

That the applicant wishes to avail himself of the option given to him in terms of Article 1501 of the Civil Code and redeem the said groundrent and subgroundrent and thus it amounts to the total amount of €931.60;

That the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €931.60, from which the amount of €23.20 represents the price of the redemption of the original groundrent of the immovable above mentioned and the amount of €908.40 representing the price of redemption of the subgroundrent regarding the immovable above mentioned so that it will be freely withdrawn by who has the right to it after leaving the relative receipt.

Applicant; 33, Saliba Flats, Flat 12, Triq il-Qalb Imqaddsa, St Julian's

Notifications: Director Public Registry – 34, Triq l-Arċisqof, Valletta

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 Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 August 2023

Notice 1634

1634

By means of a decree of the 28th March, 2023, of the Civil Court (Family Section), in the records of the Application in the names Angelique Debono vs Noel Debono, Application number 5/2023AGV, the following publication was ordered for the purpose of effecting service on the respondent Noel Debono in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a sworn application number 5/2023 AGV in the names Angelique Debono (ID 307883M) vs Noel Debono (ID 49180M)), filed in the Civil Court (Family Section), on the 12th January, 2023, the applicant Angelique Debono (ID 307883M) requested this Honourable Court to:

1. Declare and pronounce the personal separation between the parties for the reasons indicated in the present application or any of them and on the basis of which the personal separation between the parties is being demanded;

2. Entrust the care and custody of the minor exclusively to the applicant mother so that the minor resides with her and that she can take all the decisions regarding the minor both those of an ordinary nature and those of an extraordinary nature and namely those relating to education, health, activities, extra-curricular and decisions regarding the issue of the passport exclusively and without the necessity of the signature of the respondent;

3. Liquidate and fix maintenance for the minor and this until the same reaches the age of eighteen if he decides to stop his studies and start working on a full-time basis or up to twenty-three years if he decides to continue his studies on a full-time basis and consequently orders the respondent to pay maintenance as liquidated; with all those payment modalities including provision for the periodic increase to cover the cost of living plus half of the costs of health, education and extra-curricular activities for the same minor;

4. Fix maintenance for the applicant according to its needs, with all those modalities of payment including provision for the periodic increase to make good for the cost of living whilst declaring that by the action of the defendant, he forfeited all right to demand maintenance from the applicant;

5. Order that any maintenance which shall be liquidated by this Honourable Court shall be deducted directly from the salary and/or earnings of the respondent, from the employment or work he has or may have or from any social benefit he may be receiving from time to time;

6. Declare and decide that any state assistance paid towards the needs of the minor be permitted by the applicant to the exclusion of the respondent;

7. If necessary, fix the modality of access in favour of the respondent, for the minor and this always taking into account the circumstances, whilst declaring and deciding that such access should in all cases, be exercised with that modality and within a place and in circumstances fit for the moral and physical well-being of the minor;

8. Dissolve and terminate the existing Community of acquests between the parties and liquidate the same in such a manner that divided portions are established and assigned to the lands which are not necessarily the same, and by also establishing a date from when the defendant is deemed to have forfeited any acquisition made by the work and skill of the applicant and all this if necessary by the operation of appointed architects and by the appointment of a notary to publish the opportune acts and of curators to represent the defendant in the eventual dispute on any preliminary agreement and act subsequent to the same dissolution;

9. Assign to the applicant the matrimonial home at the address Pinto Court, Flat 3, Triq Mons. Gerald Frendo, Ħal Qormi and in case this Honourable Court does not uphold this demand, authorise the applicant to live exclusively in the matrimonial premises vita Durante, to the exclusion of the defendant;

10. Decide and declare that the premises Pinto Court, Flat 3, Triq Mons. Gerald Frendo, Ħal Qormi, should no longer be considered as the matrimonial home of the parties;

11. Divide the other common reason of the parties not forming part of the Community of acquests;

12. Order the defendant to refund to the applicant the paraphernal and dotal property and credits which shall result during the proceedings as well as the expenses incurred on the part of the same applicant before the marriage and this within a short and peremptory time to be fixed by this Court and in default of the defendant to do so, condemn him to pay the applicant that sum which shall be so liquidated, if necessary by the appointment of referees representing the value of the paraphernal property;

13. Apply in full or in part the effects of Articles 48 to 53 of the Civil Code, Cap. 16 of the Laws of Malta, to the extent applicable including the compensation that lost every right to inherit the applicant;

With costs, including those of mediation against the respondent who is from now summoned so that a reference to his evidence be made.

Applicant: Pinto Court, Flat 3, Triq Mons. Gerald Frendo, Ħal Qormi

Respondent: 71, Blk B, 6, Alsil, Triq Gregorio Carafa, Mtarfa, and/or, Pinto Court, Flat 3, Triq Mons. Gerald Frendo, Ħal Qormi

The Application in the names Angelique Debono vs Noel Debono, Application number 5/2023AGV, has been postponed for hearing to the 28th September, 2023, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 August 2023

Notice 1635

1635

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 4th of August, 2023 (Application number 86/2023) by Coronata sive Nota Muscat et, the opening of the succession was requested of Carmela Muscat, spinster, daughter of the late Giuseppe Muscat and Paola sive Pawla Muscat née Borg, born in Nadur, Gozo, and died in Nadur, Gozo, on 24th of March, 2019 (ID 29435G), which opening of succession should be made in favor of her siblings Coronata sive Nota Muscat (ID 66038G), Anglu sive Angelo Muscat and Albert sive Bertu Muscat in a quota of one fifth (1/5) undivided each, in favor of Paula Grima, daughter of her late brother Nenu in a quota of one fifth (1/5) undivided and in favor of Jennifer Falzon and Joe Muscat, children of her late brother Pietru in a quota of one tenth (1/10) undivided parts each, the issue of these bands was ordered to let know everyone who may have an interest therein.

Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Daniel Sacco

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

Notice 1636

1636

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 28th of July, 2023 (Application number 84/2023) by Rita Buttigieg, the opening of the succession was requested of Michael Buttigeig, son of the late John Buttigieg and Josephine Buttigieg née Mizzi, born in Nadur, Gozo, and died in Altona, North Victoria, Australia, on the 23rd of March, 2006, which opening of succession should be made in favor of his wife Rita Buttigieg and this through a will made in Altona Australia dated 26th of May, 1972, the issue of this band was ordered to let know everyone who may have an interest therein.

Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Daniel Sacco

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

Notice 1637

1637

By decree issued by the Civil Court, First Hall, on the 27th June, 2023, in the acts of Sworn Application number 245/2023JVC, which was presented on the 10th March, 2023, in the names: Duzenko Anastasiia vs Cardona Michela Angele, 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: It authorizes the plaintiff so that in the absence of the defendant promptly complying with the order given to her to do the necessary works, the plaintiff will execute the work herself, through the guidance of the same architect at the expense of the defendant. With all costs and interest against the defendant who is now summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 5th October, 2023, at 9.10 a.m.

Notification Respondent: Cardona Michela Angele. 220, Flat 4, Triq il-Kunċizzjoni, Msida.

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

For the Registrar, Civil Courts and Tribunals

07 August 2023

Notice 1638

1638

By decree issued by the Civil Court, First Hall, on the 23rd March, 2023, in the acts of Sworn Application number 1117/22GM, which was presented on the 23rd November, 2022, in the names: Gauci Helen vs Gauci Mary sive Marianne, 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: It orders that Albert Gauci (ID 186445M) be buried in grave number ten (10) located in the Naxxar cemetery. With costs against respondent who is now summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 19th October, 2023, at 9.30 a.m.

Notification Respondent: Gauci Mary sive Marianne, Flat 5, Attard Flats, Triq Gort, Paceville

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

For the Registrar, Civil Courts and Tribunals

07 August 2023

Notice 1639

1639

By a decree given on the 8th August, 2023, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 17th April, 2023, by CosaCasa Limited (C15933), Judicial Sale number 15/23 in the names CosaCasa Limited (C15933) Vs John Falzon (ID 227071M) is being asked that the Court orders the sale by auction of the:

One fifth (1/5) undivided share of the tenement with official number six (6) named 'Duluri', with the garage attached to it, and underlying in part the tenement with official number four (4) and without name, in Triq Turu Lentini, previously Triq id-Duluri, corner with Triq Alexander, Ħamrun, with all its rights and appurtenances, excluding the airspace from the twenty second course level up to the thirty three course level from waterproofing, both included.

The said one fifth (1/5) undivided share is the property of John Falzon (ID 227071M).

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

17 August 2023

Notice 1640

1640

By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on the 10th July, 2023, in the acts of Constitutional Application number 248/2023DC, which was presented on the 10th May, 2023, in the names: Barbara Kelsey et vs State Advocate et, 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: Condemn the respondents to pay the same compensation and liquidated pecuniary and non-pecuniary damages, in addition to the legal interest, and in terms of that stipulated by law. With costs against the respondents who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 19th October, 2023, at 9.00 a.m.

Notification Respondent: Laferla Alexander, Flat 1, Tony's Flats, Triq Santa Monica, Tal-Pietà

Register of the Superior Courts, today 7th August 2023

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

For the Registrar, Civil Courts and Tribunals

07 August 2023

Notice 1641

1641

By decree issued by the Civil Court, First Hall, on the 1st June 2023, in the acts of Sworn Application number 334/2023AD, which was presented on the 27th March, 2023, in the names: Dala Holdings Ltd et vs Mifsud David et, 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: Condemn the defendants to pay those damages thus liquidated. With all costs 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 adjourned to 17th October, 2023, at 9.50 a.m.

Notification Respondent: Mifsud David u Mifsud Dorothy, 93, Gardwell, Flat 1, Triq ix-Xitwa, St Paul's Bay

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

For the Registrar, Civil Courts and Tribunals

07 August 2023

Notice 1642

1642

Notice, Registry of the Civil Court, First Hall

Whereas Marcelle Caiola Garzia sive Marcelle Caiola Garcia et (ID 353568M) filed an application under oath (number 790/2023JVC) demanding the correction of the Act of Birth and the Act of Marriage number 3535/1968 and 2271/2003 respectively 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

Cora Catania

For Registrar, Civil Courts and Tribunals