Court Notices published in Government Gazette no 21,211 of 22nd March 2024
Notice 653
653By means of a decree of the 15th February, 2024, in the records of the judicial letter number 2907/2023, in the names Lawrence Caruana et vs Sr Khalil Zina, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Sr Khalil Zina in terms of Article 187(3) of Cap. 12.
In the Courts of Magistrates (Malta)
To Sr Khalil Zina (ID 0246295M) of Block E, Flat 23, Triq il-Gilju, Ħaż-Żabbar
By means of this present, Lawrence (ID 601042M) and Joan spouses Caruana (ID 168644M) residing at 270, Triq il-Lampuka, Ħal Tarxien, make reference to the declaration signed by you on the 12th January, 2017, in the records of Notary Patrick Critien, which declaration regards a lease of a garage numbered 2 accessible from Triq il-Knisja, Ħal Tarxien. The declaration is being attached and marked as Document A.
The interpellants inform you that you are in delay of payment of the amount of €4,170 representing arrears of rent of the said premises, namely the garage. After several solicitations that were made verbally such that you pay these arrears, you remained in default.
Thus, the interpellants inform you that if within seven days from the notification of this letter you remain in default, the interpellants shall proceed further according to law, including but not limitedly with the opportune warrants and the filing of any permissible judicial proceedings, amongst which the eviction in terms of Aticle 167 and 384 of Cap. 12 of the Laws of Malta.
The interpellants further remind you that apart from the agreed payment delay, you acted contrary to the declaration signed by you and this when you did not use the garage exclusively for parking the car.
So much so that you may regulate yourself
With costs and interests permissible by law
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 654
654By means of decrees delivered by the Court of Appeal (Superior Jurisdiction) dated 17th June, 2021, and 5th May, 2023, in the records of Appeal Application number 1201/2019 in the names Raymond Mercieca (ID345954M) on behalf of Tri-Mer Services Limited (C36968) as trustee of Mistral Trust vs Dominique Peter Werner Rudolf Hiltbrunner, holder of Swiss passport number X5015911, the court ordered the following publication in regard to the said defendant Dominique Peter Werner Rudolf Hiltbrunner in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.
By means of an Appeal Application number 1201/2019 filed on the 10th December, 2020, in the names premised above the appellant Raymond Mercieca noe felt aggrieved by the judgement of the First Hall Civil Court, delivered on the 25th November, 2020, in these names, since the judgement dismissed the plaintiff's demands with costs against the same plaintiff, and he is thus filing this appeal on the basis, inter alia, of a wrong evaluation of the facts by the Court of First Instance.
Therefore, the exponent appellant is humbly asking this Honourable Court of Appeal to cancel and revoke the judgement appealed delivered on the 25th November, 2020, in the above mentioned names and uphold the demands of the plaintiff appellant with costs of both instances against the respondent.
Appeal Application number 1201/2019 in the names Raymond Mercieca on behalf of the company Tri-Mer Services Limited as trustee of Mistral Trust vs Dominique Peter Werner Rudolf Hiltbrunner is deferred to 30th May 2024 at 9.30 a.m.
Notification: Dominique Peter Werner Rudolf Hiltbrunner, Baywaters Apartment 3, Telgħet il-Bajja, San Ġwann
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 655
655By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 27th November, 2023, in the records of the Application number 112/2006 in the names Roswitha Marion sive Rosie Lehner vs Ian Pace the following publication was ordered for the purpose of service of the said Ian Pace in terms of section 187 (3) et sequitur of Cap. 12.
Whereas by means of a Reply in the records of Appeal Application number 112/2006 filed by the said Ian Pace, the plaintiff appellant, Roswitha Marion sive Rosie Lehner declared that the decision of the First Honourable Court of the 26th of June, 2023, in respect of the issues from which the defendant has filed an appeal, is indeed just and correct and merits confirmation by this Honourable Court and furthermore the plaintiff appellant too feels aggrieved by certain parts of the judgment of the Honourable First Court of the 26th June, 2023, and is lodging a cross-appeal on several matters related to the court's orders on the quantum of money to be returned to the respondent defendant; regarding the assignment of various shares and movables therein listed and specified.
Therefore, the plaintiff appellant humbly requests that this Honourable varies the decision of the First Court of the 26 June, 2023, in the following aspects: 1) The plaintiff is not required to refund to the defendant the sum of €67,297.93 as these were paraphernal funds belonging to the plaintiff; 2) The plaintiff is to be awarded a sum established by this Honourable Court 'arbitrio boni viri' in lieu of the 125 Ordinary B Shares in the company Island Ferry Three Company Limited; 3) The Plaintiff is to be awarded a sum to be established by this Honourable Court 'arbitrio boni viri' in lieu of the 125 Ordinary B Shares in the company Alliance Cruises Limited; 4) The plaintiff is not to return any items of silverware to the defendant; 5) The Plaintiff is not to return the German paper Deutsche marks and silver coins to the defendant; 6) The plaintiff is not to bear any portion of the tax penalty paid by the defendant solely caused by his tax evasion; 7) The plaintiff is to be awarded the sum of €24,532 representing the loan made to the defendant for the acquisition of the vessel MY Selin; 8) The plaintiff is to be awarded the sum of €435,219 representing her share of the moneys forming part of the community of acquests taking into account her requests made in 1 and 5 above. While confirming it in all other aspects, and this subject to such provisions as this Honourable court may deem relevant in the circumstances, with costs.
Notification: Ian Pace, Tibet, 10, Triq Onorato Bres, Ta' Xbiex
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 656
656By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 22nd February, 2024, in the records of the application number 238/2020 in the names Emily Margaret Vella (ID 0037286G) vs Robert Cassar (ID 442579M), the following publication was ordered for the purpose of service of Robert Cassar in terms of section 187(3) et sequitur of Cap 12.
By means of a Reply in the records of Appeal Application number 238/2020, which reply was filed on the 11th December, 2023, together with the cross-appeal of the same Emily Margaret Vella, in the records of the appeal filed by Robert Cassar against the judgment of the court of first instance dated 5th October, 2023, the said Emily Margaret Vella replies to the grounds of appeal submitted by Robert Cassar in his appeal. The said Emily Margaret Vella also avails herself of the right given to her by law to file a cross-appeal since she also felt aggrieved by the judgment hereby appealed and with her main grievance being that part of judgment wherein the Honourable First Court ordered that from January of the year 2024, access in favour of the father shall be free.
Therefore the applicant respectfully requests this Honourable Court of Appeal in the first place to dismiss the defendant's appeal against the appealed judgement delivered by the Civil Court (Family Section) on the 5th October, 2023, in the names premised and consequently to confirm the judgment of the first court saving where it ordered that from January, 2024, access shall be free, and in the second place to reform the judgment hereby appealed by cancelling, revoking and annulling that part of the judgment appealed by means of the cross-appeal in so far as it ordered that from January 2024, access shall be free and instead fix a schedule of access which the father shall have in favour of the minor which shall start to apply from January of the year 2024, with the costs of both instances against the defendant.
Notification: Robert Cassar, 8, Triq Bur Ġlat, Gudja
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 657
657By means of a decree delivered, by the Constitutional Court, on the 5th February, 2024, in the records of the Constitutional Application number 12/2022 in the names Medical Doctor Denis Victor Azzopardi (ID 694351M), Anne Claire sive Anne wife of Victor Anastasi (ID 837052M), Maria sive Marina Azzopardi (ID 457757M), Raymond Azzopardi (ID 205045), Francis sive Frank Azzopardi (ID 185549M), Bernard Azzopardi (ID 383557M), Sister Rosita, baptismal name Rosemarie, Azzopardi (ID 437446M), Anna widow of Anthony Debono (ID 302552M), Joseph Azzopardi (ID 849247M) vs the State Advocate and Mary Lourdes Caruana (ID 0228555M), the following publication was ordered for the purpose of effecting service on Mary Lourdes Caruana in terms of section 187(3) et sequitur of the Cap. 12.
By means of Constitutional Appeal Application number 12/2022 filed on the 15th December, 2023, the appellants Medical Doctor Denis Victor Azzopardi et felt aggrieved by the judgment of the 7th December, 2023, by the First Hall, Civil Court (Constitutional jurisdiction) and are thus filing this humble appeal before this Honourable Court for the purpose of impugning the decision referred to above on the basis of two grounds specified in this application.
Therefore, the appellants, are asking this Honourable Constitutional Court to reform the judgment delivered by the Court of First Instance on the 7th December, 2023, by confirming it in in so far as it rejected the first part of the first plea of the respondent State Advocate because the applicants produced evidence which shows satisfactorily that they have title on the premises merit of the cause, and to revoke it in so far as it upheld the second part of the first plea of the respondent State Advocate, since the appellants submitted evidence which shows that the lease merit of the cause is a lease which began before the the 1st June 1995 and is affected by the provisions of the Kap.69 of Laws of Malta and to revoke it by rejecting all the pleas of the respondent State Advocate and of the respondent Caruana, and on the contrary uphold the plaintiffs' claims, and if it does not send back the acts to the court of first instance, to uphold the plaintiffs' claims and liquidate the damages suffered by the same applicants both pecuniary and non-pecuniary in the global sum of one hundred and ten thousand, nine hundred and five euro and sixty cents (€110,905.60) and/or other correct sum besides legal interests from the date of the first judement and to condemn the State Advocate to pay those damages so liquidated, so that this Honourable Court declares a violation of the fundamental human rights in terms of Article 1 of the First Protocol of the European Convention. With costs of both instances against the respondent State Advocate.
Notification: Mary Lourdes Caruana, 22 formerly 29, Triq il-Maċina, Senglea
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 658
658By means of a decree of the 26th February, 2024, of the Rural Leases Control Board, in the records of the Application in the names Francis Micallef vs Emanuel Bezzina et, Application number 66/2023SG, the following publication was ordered for the purpose of effecting service on the respondents Emanuel Bezzina u Francis Bezzina 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 Francis Micallef (ID 267465M) vs Emanuel Bezzina (ID 0854353M) and Francis Bezzina (ID 0196751M), filed in the Rural Leases Control Board, on the 19th December, 2023, the applicant Francis Micallef (ID 267465M) requested this Honourable Board why it should not:
1. Order the respondents to grant access to the applicant to his property that is found in Misrah il-Barrieri, St Venera and occupied by them and fix a date and time when the access is to be made and this under such terms and conditions as this Honourable Court deems fit and opportune.
Applicant: Sea Cove Mansions, Flat 4, Triq it-Tonn, St Paul's Bay
Respondents: 223, Triq Misraħ il-Barrieri, Santa Venera
The application in the names Francis Micallef vs Emanuel Bezzina et, Application number 66/2023SG, has been postponed for hearing to the 25th March, 2024, at 9.45 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 659
659By means of a decree of the 14th July, 2023, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 2027/2021, in the names Commissioner of Revenue vs Joseph Caruana, ordered the following publication for the purpose of service in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Joseph Caruana (ID 431572M) of 29, The Penthouse, Triq l-Isqof Pietru Pace, Paola PLA 19, on the 3rd August, 2021, the Commissioner of Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €1,032.30 due as tax on documents and transfers and/or additional tax and/or interest according to the Demand Notice for Payment here attached and marked as Doc. C.
Because you failed to pay the amount due although a demand for payment was made (see the same Doc. C above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 60A of the Act regarding the Tax on Documents and Transfers (Cap. 364 of the Laws of Malta).
Pay the costs of this act
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 660
660By means of a decree of the 21st December, 2023, in the records of the judicial letter number 1395/2022, in the names HSBC Bank Malta plc vs Aramanyous N Youssef et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Aramanyous N Youssef and Mazahreh S Y Wafa s in terms of Article 187(3) of Cap. 12.
In the Courts of Magistrates (Malta)
To Aramanyous N Youssef (ID 22795A) and Mazahreh S Y Wafa (ID 24022A) of 51, Anton, Triq Monsinjur De Piro, Ħamrun HMR 1892
By means of this present, HSBC Bank Malta p.l.c. (C3177) of 32, Triq il-Merkanti, Valletta
1. Draws your formal attention to the fact that on the 3rd November, 2017, you were in delay of payment of the loan given to you by means of a contract in the records of Notary Joseph Henry Saydon dated 5th July, 2013, in the amount of €1,296.99 and thus the interpellant company solicits you so that within fifteen days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €215.71 per month will be added after that date; and
2. Draws your formal attention to the fact that on the 3rd November, 2017, you were in delay of payment of the loan given to you by means of a contract in the records of Notary Joseph Henry Saydon dated 23rd June, 2009, in the amount of €1,028.12 and thus the interpellant company solicits you so that within fifteen days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €497.00 per month will be added after that date; and
3. Draws your formal attention to the fact that on the 3rd November, 2017, you were in delay of payment of the loan given to you by means of a contract in the records of Notary Joseph Henry Saydon dated 10th August, 2012, in the amount of €1,825.08 and thus the interpellant company solicits you so that within fifteen days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €266.58 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 need 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 661
661By means of a decree given by the Court of Magistrates (Malta) on the 22nd February, 2024, in the records of the judicial letter number 23/2024 in the names Commissioner for Tax and Customs vs Mohamed Ahmed, the following publication for the purpose of service was ordered 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 Mohamed Ahmed (ID 0120673A) of 103, Casalan, Triq Grosseto, Birkirkara, on the 8th January, 2024, the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, solicits you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this letter you pay the sum of €5,747.99 representing the amount due by you personally as Value Added Tax according to the same Act.
With costs and interest according to the said Act till the date of effective payment.
This solicitation is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title that the Commissioner for Tax and Customs has against you by means of a notice sent to you.
In default, the interpellant warns you, that he 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 proceed and to regulate yourself.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 662
662By means of a decree of the 27th July, 2021, of the Court of Magistrates (Malta) in the records of judicial letter number 1177/2021, in the names Malta Transport Authority vs Carmel Calleja, the following publication was ordered for the purpose of effecting service on the respondent Carmel Calleja in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Carmel Calleja (passport number 0067663M) of 151, Triq Santu Rokku, Birkirkara, 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 €2,487.47, 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 FBB 297.
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
Notice 663
663By means of a decree of the 19th February, 2024, of the Civil Court First Hall in the records of judicial letter number 4454/2023, in the names Housing Authority vs Marlene Paris, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Marlene Paris (ID 174468M) of Binja Zifla, Ent. A, Flat 3, Triq il-Madonna tar-Rużarju, Ħal Tarxien
By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, refers you for the premises Binja Zifla, Ent. A, Flat 3, Triq il-Madonna tar-Rużarju, Ħal Tarxien, administered by the interpellant.
The Housing Authority by means of this letter solicits you so that in terms of Article 9 (a), (c), (d)(iii) and the subsequent articles of Cap. 573 of the Laws of Malta – Government Lands Act – you are ordered to vacate the premises Binja Zifla, Ent. A, Flat 3, Triq il-Madonna tar-Rużarju, Ħal Tarxien, within 30 days from the service of this judicial letter and this because you:
are occupying the premises without any valid title at law
continued occupying the premises after the expiry of the contract that gave you a valid title;
without prejudice to the above, you are not making use of this same premises.
This judicial letter is being sent in terms of Article 9 and subsequent articles of Cap. 573 of the Laws of Malta – Government Lands Act.
So much so that you know how to proceed
With costs and interest
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 664
664It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 11th August, 2023, in the records of the judicial letter number 308/2022, in the names Alexander Agius et vs Hermione Bugeja, ordered the following publication for the purpose of effecting service on the respondent, in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Hermione Bugeja née Borg (ID 161177M) of 43, Wind Chimes, Triq il-Karmelitani, Santa Venera
By means of this present Alexander Agius (ID 0081573M) and his wife Natalina sive Natalie Agius (ID 8973M) and Francis Agius (ID 726647M) of 16, The Gables, Triq il-Buganvilla, Swieqi, whilst referring to the time during which the community of acquests between you and Jean Claude Bugeja existed, as well as to the investments made by them with the Maltese Cross Company Limited and the management of that same company by Jean Claude Bugeja, they are soliciting you to come forward for the liquidation and payment of any damages and losses suffered by them as a consequence of the same management of the said company and for which you bound him also by virtue of the community of acquests which was in force between you and the same Jean Claude Bugeja.
This judicial letter is being made for all intents and purposes of law, including those contemplated by Article 2128 of the Civil Code.
So much so that you may know how to proceed
With costs and legal interest
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 665
665By means of a decree of the 29th February, 2024, of the Civil Court First Hall in the records of judicial letter number 4967/2023, in the names Advocate Dr Christian Farrugia et noe vs D. A. Holdings Ltd, the following publication for the purpose of service on the respondent D. A. Holdings Ltd was ordered in terms of Article 187 (3) et sequitur of Chapter 12.
In the First Hall of the Civil Court
To D. A. Holdings Ltd of The Sale Shop, 114, St Joseph High Road, Ħamrun
By the present Advocate Dr Christian Farrugia (ID 441363M), Advocate Dr Damien Degiorgio (ID 103075M) and Advocate Dr Denia Ellul (ID 20491M) for and behalf of the legal firm Fenech Farrugia Fiott Legal, whilst referring to the judicial letter number 36/2022 dated 6th January, 2022, already send to you, which letter refers to the legal service rendered to you, they are soliciting you so that within three days from the service of the present you come forward for the payment of the sum of €26,845 representing all the fees, expenses and amounts due to them in connection with the services rendered to you as results from the attached statement marked as Doc. A and as admitted by you.
If you fail to come forward for the payment referred to, the interpellants shall have no alternative but to take further action against you including the issuing of all the warrants deemed opportune in the circumstances.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 666
666By decree given by the Civil Court, First Hall on the 15th March, 2024, on the application of APS Bank plc (C2192), Thursday, 10th October, 2024, at noon (12.00 p.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Triq ir-Repubblika, Valletta, of the following property:
The house with official number twelve (12) named 'Sueno' previously 'Saint Anne' in Triq Espedito Catania previously known as Triq l-Għobbejra, Ħaż-Żabbar, with its own airspace, including the annexed garage with official number fourteen (14) in the same street and which forms an integral part of the said house, as described in the contract of sale published by Notary Doctor Jonathan Zammit dated twenty third July of the year two thousand and twelve (23.7.2012), free and unencumbered, with all their rights and appurtenances, including the front garden (patio) and the back yard, and is bounded together on the east by property of Antonio Scicluna, on the north by property of Felice Apap Bologna or their respective successors in title, and on the south by Triq Espedito Catania or more accurate boundaries and is valued at five hundred and forty five thousand euro (€545,000).
The said tenement is the property of Buhagiar David Nicholas (ID 13895M) and Buhagiar Maria (ID 528577M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 44/2022.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 667
667By decree given by the Civil Court, First Hall, on the 15th March, 2024, on the application of Bank of Valletta p.l.c (C2833), Tuesday, 9th July, 2024, at half past ten in the morning (10.30 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:
The garage without name and without official number, internally marked number fourteen (14), accessible from a common ramp that serves as an entrance to several garages similar to each other, underlying a residential block, without name and without number that abuts onto Triq Clare E. Engel in Ta' Giorni, limits of St Julian's, which garage forms part of a complex of garages, without its airspace, as subject to its rate of the original annual and perpetual groundrent of five euro and eighty three cent (€5.83), with all its rights and appurtenances, bounded north with a private passage, west with property of Philip Micallef and east with property of Frank Fenech and others while the whole complex is bounded south with the street, east with property of Coppini, and west with property of Rite Mix (Gatt Bros.) Limited.
This garage has an active servitude in its favour of access right consisting from a ramp and a private passage which provides access to the same garage, which ramp and passage shall never be encumbered by car parking and/or other objects, in any way or at any time. The garage may be used exclusively as a private car garage and shall never be used for commercial purposes and the buyer is obliged to contribute his proportionate share for maintenance and repairs of said ramp and private passage, as well as to the consumption of electricity installed in them and payments of relative meters rent, and this together with the other garages in this complex, otherwise free and unencumbered, as described in the acts of Notary John Gambin dated ninth of March, of the year nineteen hundred and ninety two (9.3.1992), and is valued at fifty thousand euro (€50,000).
The said tenement is the property of Mifsud David (ID 170869M) and Hurst previously Mifsud Josephine (ID 166370M) previously (ID 8223A).
N.B. The said tenement will be sold as described in the acts of judicial sales number 5/2020.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 668
668By means of a decree given by the Civil Court, First Hall, on the 27th November, 2023, in the records of Sworn Application number 1165/2023FDP, which was filed on the 10th October, 2023, in the names: Grech Anthony et vs Naudi Silvio, the following publication was ordered in terms of Article 187(3) et sequitur of Cap.12, for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the respondent to pay the plaintiffs the sum of nineteen thousand eight hundred and ninety three euros and seventy four cents (€19,893.74c). With all costs and legal interest against the defendant who is summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 16th April, 2024, at 9.30 a.m.
Notify Respondent: Naudi Silvio, 44, Marcus Court, Flat 2, Triq San Luqa, St Paul's Bay
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 669
669By means of a decree given by the Civil Court, First Hall, on the 8th February, 2024, in the records of Sworn Application number 795/2023DC, which was filed on the 24th July, 2023, in the names: Diacono Maria et vs Grech David et, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap.12, for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Order the Land Registrar to cancel any registration found to be incompatible with that decided in accordance with the previous request. With costs against the respondents who are summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 6th May, 2024, at 9.00 a.m.
Notify Respondent: Grech David and Grech Joseph, City Motors Showroom, Utopia Flats, Msida Valley Road, Msida
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 670
670Banns for Curators
Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 20th September, 2023, following a request of Nozipho Oor it was ordered that deputy curators be chosen to represent the absentee Sandile Magopeni, in the records of the Sworn Application 218/2023JPG, in the names Nozipho Oor 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 Nozipho Oor (ID 311304A) vs Deputy Curators to represent the absentee Sandile Magopeni (ID 0344794A), on the 19th September, 2023, the applicant Nozipho Oor (ID 311304A) requested this Honourable Court so that it:
1. Order that the applicant mother be entrusted with the exclusive care and custody of the minor … omissis … to the exclusion of the respondent;
2. Authorise the applicant to take all decisions regarding the minor … omissis …, including those of health and education, as well as to apply and obtain alone the issue and/or extension (as the case may be) of the passport of the said minor, without the necessity of the signature of the respondent;
3. Declare that the same minor … omissis … should live and have his ordinary residence with the applicant;
4. Order the respondent to maintain the minor … omissis … and for this purpose fix an adequate maintenance and order the respondent to pay the adequate maintenance so established, which adequate maintenance shall include the health, education and expenses related to the extra-curricular activities and this in all those modalities including that the payment be made by means of a standing order which the respondent shall be ordered to make in favour of the applicant, as well as that this adequate maintenance is periodically incremented to compensate for the cost of living;
5. Give all those other opportune provisions and orders that this Honourable Court in its discretion deems necessary for the full and proper execution of this judgement.
With costs including those of all procedures incurred by the applicant, and legal interest according to law against the respondent, who is from now summoned so that a reference to his oath be made.
Applicant: 17, Expomax, Block A, Triq Mons, Innocenz Zammit, Msida
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. Madam Justice Doreen Clarke, LLD ,Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 671
671ARB/C096/2021 – VARIATION OF SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 26th February, 2024, given by the Criminal Court (Hon. Madam Justice Dr Edwina Grima, LLD). In the case:
The Republic of Malta
Versus
MARY-LOUISE ATTARD née TONNA, unemployed, 47 years, daughter of the late Emanuel Tonna and Maria Carmela Tonna née Xerri, born in Tal-Pietà, Malta, on the 25th January, 1977, residing at 156, Triq Ġużè Ellul Mercer, Swatar, Msida, and holder of Maltese identity card bearing number 142677M.
AND
ONE TELECOM LIMITED, incorporated on the 8th January, 2008, with Maltese registration number C43281 and registered address at Ramla Bay Court, Flat 21, Triq Ta' Gajdoru, Xagħra
The Court AUTHORISES the accused MARY-LOUISE ATTARD née TONNA and ONE TELECOM LIMITED to effect the necessary repairs to the vehicle mentioned in the Court decree dated 26th February, 2024 which is registered in the name of the accused ONE TELECOM LIMITED in the amount of seven thousand, eight hundred and fifty euro (€7,850). That this amount shall be paid to Muscat Motors Ltd from the bank account listed in the name of the accused MARY-LOUISE ATTARD née TONNA ending in -9001 and held at HSBC Bank Malta plc.
This variation is being published in terms of Article 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 Donatella Frendo Dimech, LLD) on the 20th December, 2021, which was published in the Government Gazette on the 24th 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 MARY-LOUISE ATTARD née TONNA and ONE TELECOM LIMITED.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 672
672It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 29th February, 2024, in the records of the judicial letter number 1716/2022, in the names Argus Insurance Company (Europe) Limited vs Ivaylo Vesselinov et, the following publication was ordered for the purpose of effecting service on the respondent Ivaylo Vesselinov, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Ivaylo Vesselinov (ID 0027411A) ta' Silverstone Court, Flat 6, Triq l-Iskuna, Buġibba, St Paul's Bay, u Elmo Insurance Limited, on the 12th July, 2022, Argus Insurance Company (Europe) Limited (OC1216) of Suite 5, Floor 1, Tower Business Centre, Triq it-Torri, Swatar, Birkirkara BKR 4013, as subrogated in the rights of its insured John Bonello (ID 0090457M) of 3, Triq F. Caruana Dingli, Ħaż-Żebbuġ, by policy and at law and the same John Bonello, refer you to the car accident that occurred on the 10th December 2021 in the Triq Mikielanġ Sapiano, Ħaż-Żebbuġ, between the vehicle with number DBP 084 driven by Ivaylo Vesselinov, which vehicle is covered by an insurance policy issued by Elmo Insurance Ltd and the vehicle with number HBA 525 driven and property of the insured John Bonello. A copy of the warden resport is here attached and marked as Doc. A.
The accident was caused solely as a result of Ivaylo Vesselinov's fault, due to negligence, incompetence, carelessness and failure to observe traffic regulations on his part.
Therefore, by this letter the interpellant solicits you so that by not later than ten (10) days from the date of this letter, you come forward for the payment of all the damages suffered as a result of the accident de quo in the total amount of €428.01. Failing to do so, be advised that further court proceedings will be instituted against you without further notice.
This letter is being sent for all intents and purposes of law and in particular in accordance with the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 104 of the Laws of Malta) and serves to interrupt the prescription and is therefore required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta.
So much so that you may know how to regulate yourselves
With costs and interest
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 673
673Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 15th March, 2023, following a request by Johan sive John Farrugia et vs Deputy Curators to represent the successors in title in the records of the schedule of deposit number 485/2023 in the names Johan sive John Farrugia et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent, number 485/2023 in the names of Johan sive John Farrugia, son of Carmelo Farrugia and Maria Vittoria née Farrugia née Farrugia, born in Tas-Sliema on the 7th November, 1960, together with his wife Josephine sive Josella Farrugia, daughter of Saviour Camilleri and Josephine Camilleri née Abela , born in Ħ'Attard on the 30th July, 1962, both residing at 39, Tigné Place, Flat 401, Triq Tigné, Tas-Sliema (ID 725860M and 483462M respectively) vs Deputy Curators to represent the successors in title of the Apap Bologna family, filed in the First Hall of the Civil Court on the 13th March, 2023, the applicants Johan sive John Farrugia et respectfully submitted:
That the applicants possess the premises with number 15, Saint John Street, Valletta, which premises has another door in Saint Paul Street, Valletta with number 47, including the basement of the same premises, as subject to the annual and perpetual groundrent of €1.23 equivalent to the Lm0.52,5 marked in red on the site plan which is here attached and marked as Doc. A and this as better described in the deed of sale published by Notary Doctor Victor John Bisazza on the 13th March, 1986, Doc. B, this premises is residential;
That in the previous deed published by Notary Dr Joseph Cachia on the 13th January, 1963, Doc C., there is indicated that the groundrent is paid to the family Apap Bologna;
That the applicants wish to avail themselves of the faculty given to them in virtue of Article 1501 of the Civil Code and redeem this groundrent and thus amounts to €24.60.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €31.98 representing the said amount of €24.60 is the price of redemption of this annual and perpetual groundrent regarding the immovable above mentioned, €1.23 payment of laudemium and €6.15 arrears of five (5) years, in order to be freely given to the owners after leaving the due receipt.
Applicants: 39, Tigné Place, Flat 401, Triq Tigné, Tas-Sliema
Notification: Director of Public Registry, 197, Triq il-Merkanti, 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 Justice Francesco Depasquale, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 674
674Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court, on the 27th February, 2024, following a request of Raymond Portelli it was ordered that deputy curators be chosen to represent Roger Cali, in the records of the Sworn Application 939/2021AD, in the names Raymond Portelli vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Raymond Portelli (ID 626458M) vs Roger Cali (ID 402567M), on the 23rd September, 2021, the applicant Raymond Portelli (ID 6216458M) requested with respect and confirmed on oath so that this Honourable Court:
1.Decide this cause without proceeding to trail in terms of Articles 167 et sequitur of Cap. 12 of the Laws of Malta; and
2. Order the respondent to pay the applicant the sum of €62,000 and on which sum interest of 8% per annum will run till the effective payment.
With costs and interest against the respondent who is from now summoned so that a reference to his oath be made.
The case in the names Raymond Portelli vs Roger Cali, Application number 939/2021AD, is deferred to the 26th April, 2024, at 9.05 a.m.
Applicant – Plot 154, Triq Tal Papa, Birżebbuġa
Notification: Deputy curators, Law Courts
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Audrey Demicoli, LLD , Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 675
675By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 24th January, 2024, in the records of the Application Number 224/2021 in the names Paul Ciantar and Jeremy Ciantar vs Louis and Alberta sive Betty spouses Pace and Nathan Bartolo and by decree of the 25th April, 2022, Mario Xuereb (ID 240860M) was joined in suit, the following publication was ordered for the purpose of service of Louis and Alberta sive Betty spouses Pace in terms of section 187(3) et sequitur of Cap. 12.
By means of Appeal Application number 224/2021 filed on the 26th October, 2023, the appellants Paul Ciantar (ID 88248 M) and Jeremy Ciantar (ID 383171 M) felt aggrieved by the judgment of the First Hall Civil Court dated 28th September, 2023, and raised three grounds of appeal, namely that: 1) the first court ignored the principle of pacta sunt servanda; 2) the first court also made a wrong evaluation of the evidence; and 3. it also reached erroneous conclusions as regards the involvement of the defendant Nathan Bartolo and the party joined in suit.
Therefore, the appellants humbly request that this Honourable Court cancels, revokes and annuls the judgment delivered by the First Hall Civil Court in the names premised dated 28th September, 2023, and consequently upholds the plaintiffs' claims and/or refer the records of the proceedings to the Court of First Instance to liquidate the damages due to the plaintiffs or otherwise pass on to liquidate the same damages itself. With costs of both instances against the defendants and the party joined in suit.
Notification: Louis and Alberta sive Betty spouses Pace, 30, Triq il-Kbira San Ġużepp, Ħamrun
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 676
676By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 24th January, 2024, in the records of the application number 35/2017 in the names Mario Mallia et (ID 110866M) and his wife Natalie Mallia (ID 6067M); and Joseph Mallia (ID 842540M) and his wife Mary Mallia (ID 169844M) in her own name and in representation of the company Conmal Limited (C7893) for any interest they may have vs Anna Grima (ID 543556M), Victoria Galea (ID 676657M), Paul Calleja (ID 347570M) and Brenda Calleja Smith (ID 451572M) as interveners in the cause, the following publication was ordered for the purpose of service of the siblings Anna Grima and Victoria Galea in terms of section 187(3) et sequitur of Cap. 12.
By means of Appeal Application number 35/2017 filed on the 18th October, 2023, the appellants Mario Mallia et (ID 110866M) and his wife Natalie Mallia (ID 6067M); and Joseph Mallia (ID 842540M) and his wife Mary Mallia (ID 169844M) in her own name and in representation of the company Conmal Limited (C7893) for any interest they may have felt aggrieved by the judgment of the First Hall Civil Court delivered on the 28th September, 2023, wherein the first Honourable Court abstained from taking further cognisance of the first preliminary plea of the defendants Grima and Galea but upheld the rest of their pleas and thus dismissed all the appellants' claims. The appellants raise four grounds of appeal.
Therefore, the appellants respectfully request that this Honourable Court, for all the reasons detailed in the application: 1) Reforms the judgement in the names premised decided by the Honourable First Hall Civil Court on the 28th September, 2023, and this whilst confirming it in so far as it abstained from taking cognizance of the first preliminary plea of the defendants Grima and Galea, dismissing the remaining defendants' pleas and upholding the demands of the applicants; 2) In the alternative to the first claim, and only if this Honourable Court decides that the sale cannot be made, reforms this appealed judgment by liquidating the damages suffered by the applicants and condemns the defendants Grima and Galea to pay the damages so liquidated with legal interests or send the records back to the Court of First Instance so that evidence be produced and a judgment on damages be given. With costs of both instances against the defendants
Notification : Anna Grima, Flat 3, 'Jolly Blu', Triq il-Marfa, l-Għadira l/o Mellieħa MLH 9063;
Victoria Galea, 'll-Kampanjola', Triq Għajn Stas, Pwales, St Paul's Bay SPB 6930
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 677
677By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 23rd January, 2024, in the records of Application number 1107/2019 in the names Radoslav Yurokov vs GasanMamo Insurance Limited (C3134), the following publication was ordered for the purpose of service of Radoslav Yurokov in terms of section 187 (3) et sequitur of Cap. 12.
Whereas by means of the Appeal Application number 1107/2019 filed on the 3rd November, 2023, in the names premised, the appellant company GasanMamo Insurance Limited felt aggrieved by the judgment of the Court of First Instance delivered on the 12th October, 2023, in which it decided that Joseph Psaila, the insured of the appellant company, was solely responsible for the accident in question and condemned the respondent insurance company to pay the applicant the sum of €43,246.00 with legal interests from the date of the judgment till payment is effected, and also all the costs of the cause. Whereas as results from the submissions of the appellant company in this appeal application the Court of First Instance made both factual and legal mistakes and it was completely in error in arriving at the liquidation of damages in favour of the applicant when he did not produce satisfactory evidence that he had suffered these damages.
Therefore, the applicant company is respectfully asking this Honourable Court to annul and revoke this judgment dated 12th October, 2023, in the names above premised and to uphold in full the pleas by the appellant company and the costs of both instances being borne by the respondent.
Notification: Radoslav Yurokov, 'St Mary', Triq C. De Brocktorff, Msida
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 678
678By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 18th January, 2024, in the records of the Application number 853/2015 in the names Noci Developments Limited (C38727) vs Frans Mugliett, Doris Ebejer, Alfred Mugliett, Josephine Fenech, Carmelo Mugliett, Emmanuel Mugliett proprio and on behalf of Antonia sive Antoinette Jones, Rosario Casha, Emmanuela Dalli, Margaret Mallia, John Mary Casha, Antoinette Camilleri, Gemma Cauchi, Rowena Jane Tunks, and by decree of the 29th February, 2016, Advocate Noel Bartolo and Legal Procurator Rita Drago were nominated Deputy Curators to represent the absentee Giovanni Maria Mugliett, Antonia sive Antoinette Jones, Edward James Tunks, James Edward Tunks and Andrew Martin Christopher Tunks and in the minutes of the sitting of the 7th April, 2016, the Court revoked contrario imperio the decree whereby the Curators were appointed for Antonia sive Antoinette Jones and by decree of the 10th May, 2016, the Legal Procurator Hilda Ellul Mercer was appointed instead of the Legal Procurator Rita Drago and in the minutes of the sitting of the 7th April, 2016, the Court upheld the demand and ordered that Joseph Casha be joined in suit and in the minutes of the sitting of the 5th May, 2016, the Court upheld the request for the joinder of Joseph Casha, the following publication was ordered for the purpose of service of Rowena Jane Tunks in terms of section 187(3) et sequitur of Cap. 12.
By means of the Appeal Application number 853/2015 filed on the 24th February, 2023, the appellant company Noci Developments Limited felt aggrieved by the judgment of the Honourable First Court delivered on the 25th January, 2023, and submitted three grounds of appeal namely: 1) the Honourable First Court made a wrong appreciation of what constitutes an 'eviction'; 2) It also failed to take into account the warranty of vacant possession; and 3) The party joined in suit Joseph Casha does not have and did not have the blessing of the applicants to reside in the property in question.
Therefore, the appellant company requests that this Honourable Court revokes, cancels and annuls the judgment of the First Hall Civil Court of the 25th January, 2023, in the proceedings Application number 853/2015AF in the names Noci Developments Limited vs Frans Mugliett et and upholds the claims of the appellant plaintiff company as sought by it in the Sworn Application, with costs of both instances against the respondents.
Notification: Rowena Jane Tunks, 40, Magro Flats, Flat 3, Triq Francesco Ximenes, Salina l/o Naxxar
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 679
679By means of a decree given, by the Court of Appeal, Superior Jurisdiction, on the 26th January 2024, in the records of the Application Number 85/2019 in the names Raymond Agius (ID 116054M) vs Victor John De Brincat (ID 248766M), the following publication was ordered for the purpose of service of Raymond Agius in terms of section 187 (3) et sequitur of Cap. 12.
By means of the Appeal Application number 85/2019 in the names premised filed on the 31st October, 2023, the appellant Victor John De Brincat felt aggrieved by the judgment delivered by the Court of First Instance on the 3rd October, 2023, and submits three grounds of appeal namely: 1) The Honourable First Court was incorrect when it considered that the resolutive condition included in the preliminary agreement was intended only for the benefit of the respondent plaintiff and thus could renounce it and still demand that the sale be carried out; 2) The Honourable First Court failed to consider the great contradictions in the legal position of the respondent plaintiff; and 3) the Honourable First Court was also incorrect in the manner it considered the price of the sale agreed between the Parties and therefore, the decision given in the third point of the operative part of the judgment is palpably flawed.
Therefore, the appellant respectfully requests this Honourable Court to cancel and completely revoke the judgment given by the First Hall Civil Court on the 3rd October, 2023, in the names Raymond Agius vs Victor John de Brincat and instead decide the cause by dismissing all the claims of the respondent plaintiff, upholding the counter-claim of the exponent and thus declare that the preliminary agreement between the parties has lost its legal efficacy and thus cannot be executed, with all costs against the respondent plaintiff.
Notification: Raymond Agius, 86, Triq Manwel Dimech, Tas-Sliema
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 680
680By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 12th February, 2024, in the records of the Application number 465/13 in the names Carmen Azzopardi vs Adrian Muscat and Sandra Calleja, the following publication was ordered for the purpose of service of Carmen Azzopardi in terms of section 187 (3) et sequitur of Cap. 12.
By means of Appeal Application number 465/13 filed on the 30th October, 2023, in the premised names, the appellants Adrian Muscat (ID 129983M) et felt aggrieved by the judgment of the Court of First Instance dated 13th October, 2023, whereby the court upheld the plaintiff's claims against him and ordered him to pay the amount claimed of €28,604.2. Whereas the grounds of appeal submitted by the appellants consist in the following: i) the nullity of the judgment because in its considerations the Court of First Instance relied almost exclusively on evidence which had been expunged from the records of the proceedings; and ii) without prejudice to the above it made an incorrect evaluation of the proof adduced.
Therefore, the appellants respectfully request that this Honourable Court annuls the judgment of the Honourable Court of First Instance because, as stated, it was delivered on the basis of consideration of evidence which had been expunged from the records of the proceedings and so that the exponent would not be denied the right of review, the court refers the records back to the Honourable Court of First Instance, and in default it revokes the judgment appealed in the sense that it dismisses the plaintiff's claims and upholds the pleas of the exponent appellant.
Notification: Carmen Azzopardi, Pesce Spada, Triq Kepler, Kortin, Mellieħa
Dr Franco Bondin, LLD, M. Jur.
For the Registrar, Civil Courts and Tribunals
Notice 681
681By means of a decree given by the Civil Court, First Hall, on the 21st February, 2024, in the records of Sworn Application number 565/2023MS, which was filed on the 1st June 2023, in the names: Fenech Raymond vs Vella Rapa Marina et noe, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: There are serious and valid reasons for the applicant to oppose the same execution.
The Sworn Application in the names mentioned above is postponed to 5th April, 2024, at 9.30 a.m.
Notify Respondent: Fenech Raymond, 77, Bastion View, Flat 12, Triq ix-Xatt, Tas-Sliema
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 682
682By means of a decree given by the Civil Court, First Hall, on the 29th January, 2024, in the records of Sworn Application number 1135/2023HM, which was filed on the 5th October 2023, in the names: Vella Paul vs Vella Emanuela sive Lilian, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Order the respondent to vacate from the premises mentioned within a short and peremptory period. With costs against the defendant who is summoned so that a reference to her evidence be made.
Notify Respondent: Vella Emanuela sive Lilian, 405, Triq San Pawl, St Paul's Bay
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 683
683By a Decree of the 15th March, 2024, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by BNF Bank plc gia Banif Bank (Malta) plc with the registration number C41030 on the 7th March, 2024, the approval of the said judicial acts is being demanded for the amount of €132,000.00 following judicial sale by auction 40/22 in the names BNF Bank plc gia Banif Bank (Malta) plc vs Michael Agius (ID 491950M) and Maria Clotilde Agius (ID 96849M) et held under the Authority of the said Court on the 29th February, 2024.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 684
684By a decree of the Court of Magistrates (Malta) of the 10th July, 2023, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
Vassallo Builders Limited (C20882) of The Three Arches, Triq Valletta, Mosta, filed a Claim on the 22nd October, 2021, whereby they asked the Court to condemn Lithium Limited (C75117) of The Cape, Block 3, Triq Ħal Tarxien, Ħal Luqa, to pay the plaintiff company the sum of €10,000, which amount is due to the plaintiff company.
With costs and legal interests
The case (Notice number 285/2021VGA) is postoned to the 25th March, 2024, at 9.30 a.m.
Notification: Lithium Limited (C75117) of The Cape, Block 3, Triq Ħal Tarxien, Ħal Luqa
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 685
685By means of a decree given by the Civil Court, First Hall, on the 11th March, 2024, in the records of Sworn Application number 1454/2023GG, which was filed on the 21st December, 2023, in the names: Bank of Valletta plc vs Micallef Raimonda sive Raymonda pro et noe, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Condemn the defendant Raimonda Micallef to refund the sum of five hundred fifty thousand, six hundred and thirty-four euro and nineteen cents (€550,634.19c), to the defendant company Guaranteed Ltd, to refund the sum of two hundred and eighty-one thousand, nine hundred and ninety-three euro and ninety-two cents (€281,993.92c) and to Dominic Micallef to refund the sum of one hundred and ten thousand, five hundred and forty-eight euro and twenty-seven cents (€110,548.27c) and Raimonda Micallef in her own name and as heir of Domnic Micallef, the sum of one hundred and eighty-two thousand, five hundred and ninety-one euro and sixty cents (€182,591.60c) which payments amount to the sum of one million, one hundred and twenty-five thousand, seven hundred and sixty-seven euro and ninety-eight cents (€1,125,767.98c). With all costs and legal interest against the defendants who are summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 16th April, 2024, at 11.00 a.m.
Notify Respondents: Micallef Raimonda, and
Guaranteed Ltd, and
Micallef Dominic. Sandringham, Triq Sir Ugo Mifsud, Ta' Xbiex
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals