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Court Notices published in Government Gazette No. 21,222 of 18th April 2024

Date Icon 15/04/2024

Notice 833

833
By means of a decree of the 11th March, 2024, of the Rural Leases Control Board, in the records of the Application in the names Emanuel Caruana et vs Martin Galdes, Application Number 2/2024SG, the following publication was ordered for the purpose of effecting service on the respondent Martin Galdes 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 Emanuel Caruana (ID 176247M) and Carmen Caruana (ID 40648M) for any interest she may have vs Martin Galdes (ID 667358M), filed in the Rural Leases Control Board, on the 16th January, 2024, the applicants Emanuel Caruana (ID 176247M) and Carmen Caruana (ID 40648M) requested this Honourable Board why it should not:
1. Declare and decide that the respondent breached the conditions of the agricultural lease as during the two years before the date of termination, he left the field fallow for at least twelve consecutive months according to the calendar in terms of Article 4 (2) (d) of Cap. 199 of the Laws of Malta and the field was left abandoned and not bearing any produce;
2. Declare and decide that the respondent breached the provisions of Article 4 (1)(f) of Cap 199 of the Laws of Malta, by not keeping the same land in a good state, amongst which that despite that the walls of the field were substantially damaged, these were not repaired and not kept in a good state, filled the field with wood, pellets and other debris, as well as erected structures for the use of stables without authorisation and the consent of the applicants and the planning authorities and possibly other illegalities, in such a way that irreparable damages were caused to the land;
3. Declare and decide that the applicants need back the land in order to be used for agricultural purposes by their children and this in terms of Article 4 (2) (a) of Cap 199 of the Laws of Malta;
4. Order the termination of the lease since the respondent breached the conditions of the lease for the reasons above mentioned and also since the applicants néed back the land in order to be used for agricultural purposes by their children and this in terms of Article 4 (2) (a) of Cap. 199 of the Laws of Malta;
5. Authorise the applicants to resume possession of the land known as Tal-Lebbien sive Il-Hofra in the limits of Gudja;
6. Order the eviction of the respondent from the same land within a short and peremptory time that this Board shall fix for this purpose and so that the respondent passes on the full and free possession and the keys of all the fields and rooms in the same said land to the applicants;
7. Declare, decide and condemn the respondent to pay for all the damages and illegalities caused on the land known as Tal-Lebbien sive Il-Hofra in the limits of Gudja, if needed by the appointment of referees, due to the failure of the respondent to abide with the above conditions of the lease and consequently liquidate any compensation in damages payable under the provisions of law; and
8. Order the respondent to remove all the illegalities from the land at his expense within a short and peremptory time and that in default of compliance on the part of the unknown within the time fixed to him, approve the applicants to remove the illegalities due and carry out such reintegration and restoration works, if necessary under the supervision of appointed architects, and this at the expense of the same respondent.
With costs against the respondent who is from now summoned so that a reference to his oath be made and reserving for any other action competent to the applicant including damages if the case may be.
Applicant: 3, Triq Mariano Gerada, Ħal Għaxaq
Respondent: Martin Galdes, 58, Santa Marija, Triq San Mark, Gudja
The application in the names Emanuel Caruana et vs Martin Galdes, Application Number 2/2024SG has been postponed for hearing to the 22nd April, 2024, at 9.20 a.m. 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
12 April 2024

Court Warrant

834
By means of a decree of the 29th February, 2024, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 2356/2023 in the names (Applicant) Pisani Brothers Limited et vs (respondent) Borg & Aquilina Limited the following publication was ordered for the purpose of service of the respondent Borg & Aquilina Limited 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 Rent Regulation Board, in the names (applicants) Pisani Brothers Limited (C6975), Stephanie Sullivan (ID 27758M), Jean Paul Calleja (ID 11361M), Erika Portanier (ID 390070M) and Andrew Cassar (ID 518071M) vs (respondents) Borg & Aquilina Limited (C-496) filed on the 22nd December, 2023, the applicants Pisani Brothers Limited (C6975) et asked this Honourable Board:
To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondent failed to do this till this day.
Premises: 29,30,33 and 34 Church Wharf, Marsa
Judgement: according to a judgement by the Rent Regulation Bord according to application number 444/2023JG in the names Pisani Brothers Limited et vs Borg & Aquilina Limited decided on the 18th October 2023 where the eviction was ordered within twenty one days from the date of judgement, which term was peremptory and has now passed, and this according to the same judgement a copy of which is being attached and marked as document ND1.
Filed by Dr Nicholas DeBono and LP Adriana Buhagiar
Warrant of Eviction
Republic of Malta
To the Court Marshall
Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Charmaine Galea, LLD.
Applicants: 22, Europa Centre, Floriana FRN 1400
respondent: 185, Triq l-Ifran, Valletta
Execution: 29, 30, 33 and 34, Church Wharf, Marsa
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
12 April 2024

Notice 835

835
By means of a decree of the 4th April, 2024, of the Rent Regulation Board, in the records of the Application in the names Yordan Iliev Iliev et vs Francesco Rugeri, Application number 157/2023CG, the following publication was ordered for the purpose of effecting service on the respondent Francesco Rugeri 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 Yordan Iliev Iliev (ID 0157919L) and Margarita Vnukova (ID 0447420L) vs Francesco Rugeri (ID 0197316A) filed before the Rent Regulation Board, on the 24th March 2023, the applicants Yordan Iliev Iliev (ID 0157919L) and Margarita Vnukova (ID 0447420L) requested this Honourable Board to:
1.  Declare that the defendant is a debtor of plaintiffs in the amount of €12,00.00 representing rent due by the same defendant up until the 28th February, 2023, and the amount of €548.32 representing water and electricity consumption, or any other different amounts;
2. Condemn consequently, the defendant to pay, onto plaintiffs, the amount of €12,000.00 representing rent due by the same defendant up until the 28th February, 2023, and in the amount of €548.32 representing water and electricity consumption, or any other different amounts, with interest with effect from the date of service of this judicial act up until the date of effective payment;
3. Declare that the defendant is responsible for damages which he caused to plaintiffs, including amongst others, damages to the premises which were leased to him and to the moveable objects contained therein;
4. Liquidate consequently the damages caused;
5. Condemn consequently, the defendant to pay, onto plaintiffs, the damages so liquidated with interest with effect from the date of judgment up until the date of effective payment;
6. Declare that the lease in question was terminated with effect from the 1st March 2023, namely throughout the duration of the di fermo period which had to lapse on the 14th November, 2029, and that therefore the defendant is a debtor of plaintiffs in an amount representing the rent which would have been due by defendant to plaintiffs up until the 14th November, 2029, or up until any other different date;
7. Liquidate, consequently, the amount representing the rent which would have been due by the defendant to plaintiffs up until the 14th November, 2029, or up until any other different date;
8. Condemn, consequently, the defendant to pay, onto plaintiffs, the amount so liquidated with interest with effect from the date of judgment up until the date of effective payment.
With costs, including those of the precautionary garnishee order which is being filed concurrently with this application, against the defendant, who is hereby being referred to his oath in terms of law.
Plaintiffs: Floyd Court, Flat 3, Triq Gianni Bencini, Tas-Sliema
Respondent: Gardenia, Triq il-Mod, Tal-Ibraġ
The application in the names Yordan Iliev Iliev et vs Francesco Rugeri, Application number 157/2023CG has been postponed for hearing to the 23rd April, 2024, at 9.20 a.m. 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
12 April 2024