Court Notices published in Government Gazette No. 21,311 of 10th September 2024

Notice 1978

1978

By means of a decree of the 22nd May, 2024 of the Rent Regulation Board, in the records of the Application in the names Marco Mifsud vs Matthew Cachia, Application Number 89/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Matthew Cachia in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Marco Mifsud (ID 88565M) vs Matthew Cachia (ID 447984M) filed in the Rent Regulation Board, on the 23rd February, 2024, the applicant Marco Mifsud requested this Honourable Board why it should not:

1. Proceed to decide this cause without proceeding to trial according to Article 16A of Chapter 69 of the Laws of Malta;

2. Order for the reasons above premised, the respondent to vacate from the garage situated at the premises number 33, Triq Mastru Ġorġ Cachia, Ħandaq, Ħal Qormi and give a short and peremptory period within which the respondent is to vacate from the same garage, remove all that is his belongings and give back the vacant possession of the same garage to the applicant.

3. Order the respondent to pay all the arrears of rent, which in total amount to not less than €1,600 which arrears shall continue to accrue till the date of effective eviction saving the rate of interest of 8% per annum;

4. Liquidate all the damages suffered by the applicant as a result of the action of the respondent;

5. Order and condemn the respondent, to pay the applicant the damages so liquidated.

With costs and legal interest accruing on the payment of rent from when each amount became due till the day of effective payment.

Applicant: c/o AE Legal, Level 2, Valletta Buildings, South Street, Valletta.

notification: Matthew Cachia, 73 Triq Erin Serracino Inglott, Bormla, Malta.

The application in the names Marco Mifsud vs Matthew Cachia, Application Number 89/2024JG has been postponed for hearing to the 4th October, 2024 at 10.15 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1979

1979

By means of a decree of the 12th August, 2024 of the Rent Regulation Board, in the records of the Application in the names Louis Joseph Attard vs Jack Wickens et, Application Number 299/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Jack Wickens et in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Louis Joseph Attard (KI 0203564M) vs Jack Wickens (ID MT8633962) and Oliva Charley Barnett (ID MT9619401) filed in the Rent Regulation Board, on the 27th June, 2024, the applicant Louis Joseph Attard requested this Honourable Board why it should not:

1. Decide these proceedings without proceeding to trial in terms of Art 16A of Chapter 69 of the Laws of Malta;

2. Order the respondents to return to the applicants and vacate the premises number 67 Reggie Miller Street, Gżira, within a short and peremptory period to be fixed by this Honourable Board and this under those appropriate and opportune conditions that this Board is required to provide, after declaring if necessary, that the respondents are occupying the premises 67 Reggie Miller Street, Gżira without any valid title at law;

3. Order the respondents, in solidum, to pay the applicants the sum of €10,800 besides interest according to the lease agreement due as rent of the same premises from December, 2023 till July, 2024 besides interest according to the lease agreement due on the rent, as well as that sum due by the occupants of the premises till the effective day that they vacate and release the possession of the premises, and the sum of €400 representing the water and electricity bill for the period from December, 2023 till July, 2024 besides any sum due for water and electricity including but not limited to the rent of water and electricity meters.

With interest according to the lease agreement above mentioned and with costs including those of the judicial letter number 1416/2024 dated 25th March, 2024 against the respondents who are from now summoned so that a reference to their evidence be made.

Saving any other action due to the applicants.

Applicant: 16, Triq il-Kulleġġ l-Antik, tas-Sliema.

notification: Jack Wickens – 67, Reggie Miller Street, Gżira.

The application in the names Louis Joseph Attard vs Jack Wickens et, Application Number 299/2024CG has been postponed for hearing to the 2nd October, 2024 at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1980

1980

By means of a decree of the 12th August, 2024 of the Rent Regulation Board, in the records of the Application in the names Silvia Zammit et vs Josef Schembri, Application Number 308/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Josef Schembri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Silvia Zammit (ID 655555M) and Mario Buttigieg (ID 809048M) vs Josef Schembri (ID 0433481M) filed in the Rent Regulation Board, on the 3rd July, 2024, the applicants Silvia Zammit (ID 655555M) and Mario Buttigieg (ID 809048M) requested this Honourable Board why it should not:

1. Uphold the applicant’s demands without proceeding to trial and this in terms of Article 16A of Chapter 69 of the Laws of Malta;

2. Declare that the lease of the premises 6 Miknen, Flat A, Edgar Bernard Street, Gżira, Malta has been terminated;

3. Authorise the applicants to resume possession of the premises 6, Miknen, Flat A, Edgar Bernard Street, Gżira, Malta, and order the respondent to vacate the premises and return the vacant possession of the premises and this within a short and peremptory time fixed by this Honourable Board;

4. Condemns the respondent to pay the sum of €8,400 as rent for the period May, 2023 till June, 2024;

5. Declare and decide that the respondent is also responsible for any compensation or other consideration due or damages for any compensation due after that date till the effective eviction, including the rent due and/or any water and electricity bills or other bills and liquidate the same amounts.

6. Condemn the respondent to pay any compensation or other consideration due or damages for any compensation due after that date till the effective eviction, including the rent due and or any water and electricity bills or other bills till the effective eviction.

With costs of these proceedings and of the judicial letter number 1373/2024, in the names Zammit Sylvia et vs Schembri Josef against the respondent and reserving all the rights of the applicant including the claim for the payment of costs of electricity and water, damages and damages in the premises and damages for loss of profit and/or further rent after the 1st June, 2024.

Applicant: Silvia Zammit – 6 Miknen, Flt B, Edgar Berndard Street, Gżira.

Mario Buttigieg – Il-Bronja 33, Triq iz-Zwejt, San Ġwann.

notification: Josef Schembri – 6 Miknen, Flt A, Edgar Berndard Street, Gżira.

The application in the names Silvia Zammit et vs Josef Schembri, Application Number 308/2024CG has been postponed for hearing to the 2nd October, 2024 at 9.20 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1981

1981

By means of a decree of the 26th June, 2024 of the Rent Regulation Board, in the records of the Application in the names Marco Dimech vs Soman Krishnan et, Application Number 240/2024JG, the following publication was ordered for the purpose of effecting service on the respondents Soman Krishnan, Soman Akash, Anand Ajo, Soman Ambika and Akash Suprya in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Marco Dimech (ID 256384M) vs Soman Krishnan (ID 539418L), Sman Akash (ID 58962A), Anand Ajo (ID 125698A), Soman Ambika (ID 24677A) and Akash Suprya (Ind Pass Z5951509) filed in the Rent Regulation Board, on the 28th May, 2024, the applicant Marco Dimech (ID 256384M) requested this Honourable Board why it should not:

1. Decide this case without proceeding to trial in terms of Article 167 et seq of Chapter 12 of the Laws of Malta and decide the cause according to a summary special procedure;

2. Order that the acts of the Garnishee order number 767/2024 and of the 1349/2024 judicial letter issued under Art 166A of Chapter 12 of the Laws of Malta with number, which acts were presented in the names herein premised, form part of the acts of these proceedings;

3. Order the eviction of the defendants from the lease premises situated at 50, Triq il-Kungress Ewkaristiku, Mosta, which premises were leased to the defendants in terms of a lease agreement dated 8th August, 2023 and consequently;

4. Declare the defendants in default of payment of six (6) or more instalments of rent for the months of December of the year 2023 and January, February, March, April and May of the year 2024 or more correct instalments till the end of the hearing of the cause, together with the water and electricity consumption bills and consequently;

5. Declare that the amount liquidated due to the applicant is in the total amount amounting to the sum of €7,531.48 or more accurate sum which results to be due till the end of the hearing of the cause and consequently;

6. Order the defendants to pay the amount liquidated in the fifth demand with interest to run from the date of the judicial letter 166A mentioned above onwards till the date of effective payment, with all costs including those of this instance, of the judicial letter 166A with number 1349/2024 and those of the garnishee order with number 767/2024.

Applicant: Marco Dimech – c/o 22, Triq Leli Falzon, Naxxar.

Notification: Soman Krishnan, Soman Akash, Anand Ajo, Soman Ambika u Akash Suprya – 50, Triq il-Kungress Ewkaristiku, Mosta.

The application in the names Marco Dimech vs Soman Krishnan et, Application Number 240/2024JG has been postponed for hearing to the 30th September, 2024 at 1.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

30 September 2024

Notice 1982

1982

By means of a decree of the 3rd June 2024 of the Rent Regulation Board, in the records of the Application in the names John Mary Micallef vs Jean Pierre Mifsud, Application Number 623/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Jean Pierre Mifsud in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names John Mary Micallef (ID 815336M) vs Jean Pierre Mifsud filed in the Rent Regulation Board, on the 29th December, 2023, the applicant Jean Pierre Mifsud requested this Honourable Board why it should not declare that the respondent is late in the payment of two (2) instalments of rent and is consequently breaching the conditions of the lease and thus the lease is to be terminated and the respondent is ordered to vacate the garage with the name York Garage, Triq il-Battaljun, San Ġwann.

With costs.

Applicant: No 6, Springfield, Triq Sir Hannibal P Scicluna, Naxxar.

notifiction: 10, Misty, Triq San Mikiel, San Ġwann.

The application in the names John Mary Micallef vs Jean Pierre Mifsud, Application Number 623/2023JG has been postponed for hearing to the 30th September, 2024 at 11.10 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1983

1983

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 8th May, 2024, following a request of Carmela Mutuc Cortez it was ordered that deputy curators be chosen to represent Dexter Allan Manangan, in the records of the Sworn Application 97/2024AL, in the names Carmela Mutuc Cortez vs deputy curators and in the other relative and subsequent acts.

By means of a general application in the names Carmela Mutuc Cortez (ID 0052724A) vs deputy curators to represent Dexter Allan Manangan, in the records of the Sworn Application bearing reference 97/2024AL, filed in the Civil Court (Family Section), on the 3rd May, 2024, the applicant Carmela Mutuc Cortez (ID 0052724A) requested this Honourable Court so that it:

1. Pronounces the personal separation between the parties for reasons imputable solely to the respondent;

2. Orders that the plaintiff be able to reside in the matrimonial home;

3. Orders that the plaintiff receives half of all the monies of the respondent which may result to exist during the proceedings if it be the case;

4. Orders that any bank account registered in the name of the plaintiff remains exclusively administered by her.

5. Orders that the plaintiff receives half of the pension of the respondent and hereby orders the respective departments so that this is deposited in a bank account registered in her name if the case may be;

6. Liquidates the paraphernal assets of the applicant and assign the same assets to the plaintiff;

7. Liquidates the credit in favour of the applicant and order the respondent to pay such credit so liquidated within a peremptory period established by this Honourable Court;

8. Declares that there shall be declared dissolved the Community of acquests existing between the parties, liquidates the said Community and apply Article 48 and 53 of the Civil Code against the respondent who shall not be given any share of the acquests made by the plaintiff from that date established by this Honourable Court;

9. Declares dissolved the Community of acquests existing between the parties and order that the objects forming part of the same Community be divided into two portions as established and ordered by this Court, which portions are assigned one to the plaintiff and the other to the defendant, if necessary by the appointment of referees.

10. Orders that the respondent be solely responsible for any debts made unilaterally on his part especially those debts which have been entered into without the plaintiff’s knowledge.

11. Orders that if it be the case that the respondent forwards any monies forming part of the Community of acquests to the third parties who result during the proceedings, these are to be returned to the plaintiff, at least her share.

12. Applies against the respondent the sanctions contemplated in the provisions of Article 38 et seq of the Civil Code;

13. Orders that any other social benefits be received by the plaintiff;

14. Declares that by his action the respondent forfeited all right to request maintenance from his applicant wife;

15. Appoints a Notary Public to receive the relative deed of partition and curators to represent the eventual defendant on the same deed;

16. Authorises the plaintiff to register the judgement of this Honourable Court in the Public Registry for all intents and purposes of law.

Saving any other order and provisions that this Honourable Court deems fit and opportune.

With costs including those of the mediation procedures and garnishee order against the defendant, summoned so that a reference to his evidence be made.

Applicant: c/o Rachel Tua, 7, Triq il-Bażilika, il-Mosta.

notification : deputy curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court (Family Section), above mentioned, with the witness of the Hon. Mr Justice Mark Simiana LL.D., Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1984

1984

By a decree of the Court of Magistrates (Malta) of the 6th June, 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) in regard of Maximiliano Elvio Pignataro.

Anthony Azzopardi (ID 419957M) and Charles Azzopardi (ID 205854M) carrying on trade under the name of Azzopardi Fisheries, filed a Claim on the 13th April, 2023, whereby they asked the Court to condemn Maximiliano Elvio Pignataro (ID 0286081A) of Helen Court, Flat 2, Triq Tumas Fenech, Birkirkara, to pay the plaintiffs nomine the sum of €7,352.12 which amount is due to the plaintiffs nomine.

With costs and legal interests.

The case (Notice Number 88/2023NHV) is put off to the 7th October, 2024 at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1985

1985

By a decree of the Small Claims Tribunal of the 2nd March, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Marija Fenech in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st July 2022, whereby they asked the Tribunal to condemn Marija Fenech (ID 180498M) of 67, Micleen, Triq Ta’ Masrija, Mellieħa, MLH 1637, to pay the plaintiff company the sum of €2155.40 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 213/2022MD) is deferred on the 3rd October, 2024 at 12.40 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1986

1986

By a decree of the Small Claims Tribunal of the 4th July, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Aleksandra Gazic in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 16th May 2023, whereby they asked the Tribunal to condemn Aleksandra Gazic (ID 229721A) of 40, St Michael, Triq il-Konverzjoni, San Pawl il-Baħar, SPB 3241, to pay the plaintiff company the sum of €2020.29 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 173/2023MD) is deferred on the 3rd October, 2024 at 12.50 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1987

1987

By a decree of the Small Claims Tribunal of the 18th January, 2024, the publication of the following extract was ordered for the purpose of service on Le Grenier A Pain Ltd Malta in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Farsons Beverage Imports Company Limited (C 476) of The Brewery, Mdina Road, Zone 2, Central Business District, Birkirkara, filed a Claim on the 11th January, 2024, whereby they asked the Tribunal to condemn Le Grenier A Pain Ltd Malta (C84790) of 58, Triq il-Kummerc, Imrieħel Industrial Estate, Qormi, QRM 3052, to pay the plaintiff company the sum of €3,493.29 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 3/2024CC) is deferred on the 3rd October, 2024, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1988

1988

By a decree of the Small Claims Tribunal of the 24th November, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Christ Scerri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Valhmor Borg Import Export Ltd of Pinto Wharf, Marsa, filed a Claim on the 31st October, 2023, whereby they asked the Tribunal to condemn Christ Scerri (ID 222392M) of JJ’s Take Aay, 51, Triq is-Santwarju, Birkirkara, to pay the plaintiff company the sum of €737.79 which amount is due to the plaintiff company.

With costs and interests.

The case (Claim number 397/2023DBM) is deferred on the 3rd October, 2024, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1989

1989

By a decree of the Small Claims Tribunal of the 13th June, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Xhevahir Duruku in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 28th March, 2023, whereby they asked the Tribunal to condemn Xhevahir Duruku (ID 228542A) of 144, Sundream, Flat 2, Triq it-Turisti, San Pawl il-Baħar, SPB 1027, to pay the plaintiff company the sum of €3054.85 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 122/2023MD) is deferred on the 3rd October, 2024 at 12.45 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

1993

By means of a decree of the 22nd August, 2024, in the records of the judicial letter number 3419/2023, in the names Elmo Insurance Limited vs Christopher John Gray, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Christopher John Gray in terms of Article 187(3) et seq of Chapter 12.

In the Courts of Magistrates (Malta)

To Christopher John Gray of 4 Corner Block, Flaqt 3, Triq il-Lewziet, Kirkop.

By means of the present the company Elmo Insurance Limited (C-3500) of Abate Rigord Street, Ta’ Xbiex, refers to the traffic accident which occurred on 11th February, 2022 in Ħal Qormi, between the vehicle with registration number GBJ-897 driven by you and the vehicle with registration number JCF-742 driven by Catherine Buhagiar, by the present you are informed that the insurance company was solicited by the same Catherine Buhagiar and her insurers to pay the damages suffered by them as a result of the traffic accident above mentioned. Till today you have failed to make a claim with the interpellant company as you are obliged to do according to the conditions of the insurance policy and present a copy of you driving licence and consequently by means of this present you are warned for all effects of law that the interpellant company is holing you responsabile to refujnd any amount that it may be made to pay to third parties in connection with the traffic accident of the 11th February, 2022.

So much so that you may know how to proceed.

With costs of the present.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1994

1994

By means of a decree of the 19th July, 2024 of the Court of Magistrates (Malta) in the records of judicial letter number 1905/2024, in the names Housing Authority vs Anna Cassar, the following publication was ordered for the purpose of effecting service on Anna Cassar in terms of Article 187(3) of Chapter 12.

In the Courts of Magistrates (Malta)

To Anna Cassar (ID 290371M) of Blokk H, Ent A, Flat 5, Triq Ħal Farruġ, Ħal Luqa.

By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, as represented by Emerson Rizzo Gatt (ID 137801L) confirms on oath the contents of this letter, and solicits you so to pay the amount of €11,907.88 which amount is sure, liquid and due by you. This amount represent the amount due as rent of the premises Blokk H, Ent A, Flat 5, Triq Ħal Farruġ, Ħal Luqa and there is no reason why this payment cannot be made. A sworn declaration to confirm the debt due is being attached and marked as Doc A.

This procedure is being adopted after you were formally solicited several times to pay but you remained in default. For the above reasons this request should be granted.

If you do not reply within thirty (30) days from the service of this judicial letter by filing an application before the Administrative Review Tribunal, which application may be signed and filed in the Tribunal by yourself without the necessity of the signature of a lawyer or legal procurator, this judicial letter shall constitute an executive title. If you fail to pay immediately further procedures will be taken against you including the issuing of warrants according to law.

With costs and interest.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1995

1995

By means of a decree given on the 14th August 2024 by The Civil Court (Voluntary Jurisdiction Section) on an application number 642/2024 filed by Notary Jonathan Zammit, wherein it has been ordered the opening and publication of the inventory left by Christopher Pullicino, (I.D. 0086071M), husband of Roberta nèe Garzia, son of John Pullicino and Emanuela nèe Brincat, born at Pietà, Malta and died at Msida, Malta on the 26th of November, 2023 aged 52 years.

The opening and publication are going to be held on Thursday, 26th September, 2024 at noon in the building, Voluntary Jurisdiction Section, Law Courts, Valletta under the ministry of Notary Jonathan Zammit.

SIMON SIMPSON

For The Registrar Civil Courts and Tribunals

06 September 2024

Notice 1996

1996

It is hereby notified that by virtue of a decree given on the 8th of March 2024 issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts sworn application number 77/2023(SG) in names “Paul Spiteri et versus Maria Dolores Saliba et” filed in the Registry of the said Court on the 30th of June, 2023, the publication of the extract reproduced below was ordered and this in order to serve as notification with respect the respondent Maria Dolores Saliba, identity card number 17433G, of Aries Court, Flat 4, Triq il-Kavallerija, Ħal Tarxien, Malta and this is in terms of article 187(3) of Chapter 12 of the Laws of Malta.

In the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

“Whoever receives this sworn application against them must present their answer within twenty (20) days from the date of notification, namely from when they receive it. If the sworn answer is not presented in writing as required by the law until the mentioned time, the Court will proceed to hand down its decision according to law.

Therefore, it is in the interest of whoever receives this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.”

Application number 77/2023

Paul Spiteri (ID number 312991M);

and Elizabeth Azzopardi (ID number 29863G)

-vs-

Maria Dolores Saliba (identity card number 17433G); and the lawyer Doctor Kevin Mompalao in his capacity of deputy curator for the brothers Gordon and Joseph Spiteri, sons of the late Frenċ Spiteri, as nominated by decree of the 11th of November, 2008, in the acts of the sworn application number 34/2008 in names ’Dolores widow of Joseph Saliba vs Ġanni Spiteri et

SWORN APPLICATION of Paul Spiteri, of 3, Triq Ħamsin, Xewkija, Gozo, holder of identity card number 312991M, and of Elizabeth Azzopardi, of 58, Triq Binġemma, Nadur, Gozo, holder of the card of -identity number 29863G;

Respectfully sheweth and under the oath of the same applicants it is confirmed:

1. THAT on 20th of May, 2011, it was decided by this Honourable Court as diversely presided, in the case in names “Dolores widow of Joseph Saliba vs Ġanni Spiteri, and by decree of the 10th of August, 2007, Dr. Chris Said was nominated deputy curator to represent the brothers Gordon and Joseph Spiteri, sons of the late Frenċ Spiteri, and by decree of the 11th of November 2008, Dr. Chris Said was substituted by Dr. Kevin Mompalao” , which judgement now is res judicata, from which judgement no appeal was lodged;

2. THAT the applicants brothers Spiteri are the children of the deceased Ġanni sive Giovanni Spiteri and of Maria Spiteri née Saliba. The said Maria Spiteri died on the twenty-eighth (28th) of February of the year two thousand and twenty-two (2022), while her said husband Ġanni sive Giovanni Spiteri died on the twenty-fifth (25th) of March of the year two thousand and twenty-two (2022) (copies of the respective death ċertificates are attached herewith as Documents ’A’ and ’B’.) Following the death of their said parents, the applicants carried out testamentary researches (relative copies herewith attached and marked as Documents ’C’, ’D’, ’E’, and ’F’ respectively), from which it emerged that the deceased Ġanni sive Giovanni Spiteri died intestate. Subsequently, the inheritance and their succession devolved on the applicants, being their only two sons (the family tree is herewith attached and marked as Document ’G’);

3. THAT IN THE aforementioned judgement, this Honourable Court as diversely presided, decided as follows;

[…]

5. in relation to the eleventh plea, orders the partition of the lands "tal-Gruwa", "tal-Widien" and "tal-Blat ta Kappuccell" into three portions, one as indicated by the technical referee in the respective plans, so that, after the lot is drawn between the parties, they take an undivided share from each of these lands; for this purpose is nominating Notary Dr Christian Zammit to draw up the opportune contract, on the 18th of June, 2011, at his office at eleven in the morning (11.00 a.m.), and lawyer Doctor Damien Bigeni as a curator for the defaulters.

6. orders that the other immovable assets and the objects found in the house at number 15, Triq id-Dejqa, Xewkija, should be set up for sale by auction, so that the proceeds, after expenses are deducted, are divided between the contending parties according to their respective shares.

[…] (Copy of the judgment is herewith attached and marked as Document ’H’).

4. THAT on the 30th of May, 2011, Notary Dr Christian Zammit (who was nominated by this Honourable Court as diversely presided in the judgement) presented a note in the acts of the same judgement, by virtue of which he brought the following to the cognizance of this Honourable Court as diversely presided:

That in its judgment of the 20th of May, 2011, this Honourable Court appointed the applicant as a notary public in order to receive the acts of partition in execution of the said judgment;

That the applicant feels that he should point out to this Honourable Court the fact that by virtue of a contract published by himself on the 28th of February, 2008, the plaintiff had donated and transferred to her son John Saliba the share pertaining to her at the time of the immovable which is to be partitioned, and therefore the applicant will be lacking in his professionalism if he proceeds to publish this deed of partition as if nothing of the sort happened;

Therefore, the applicant respectfully requests that this Honourable Court be pleased to give him directions on how to proceed, in order to avoid any equivocation.

5. THAT subsequently, this Honourable Court, as diversely presided, ordered notification to the contending parties conceding time for the reply, in response to which decree Ġanni Spiteri, father of the applicants, filed his reply. To date no final decree has been issued;

6. THAT it is evident, both from what has been diligently brought to the knowledge of this Honourable Court as diversely presided, as well as as it will result during the hearing of this case, that the aforementioned judgement was essentially based on incorrect and misleading facts, and that subsequently, taking into account their fundamentality for the same judgement, render it null and void;

7. THAT therefore, the applicants, who have a genuine interest, as co-owners, that the merit dealt with in the aforementioned judgement is correctly dealt with and decided, were forced to file the this present procedure through which they are requesting the cancellation and revocation of the same judgement, and this since any previous interpellation resulted in default;

8. THAT the applicants declare that they have true and proper knowledge of the facts that gave rise to this procedure.

Thus the defendants are asked, why should this Honourable Court not, given any opportune directives, order and declare:

1. that all the relative acts together with the judgement given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 20th of May, 2011, in the writ of summons number 34/2008 in the names “Dolores widow of Joseph Saliba vs Ġanni Spiteri, and by decree of the 10th of August, 2007, Dr. Chris Said was nominated deputy curator to represent the brothers Gordon and Joseph Spiteri, sons of the deceased Frenċ Spiteri, and by decree of the 11th of November, 2008, Dr. Chris Said was substituted by Dr. Kevin Mompalao” were essentially based on erroneous and misleading facts, and this in view of the fact that the plaintiff Dolores Spiteri was not the real and legitimate owner of the immovable merit of the same procedures, contrary to what is declared under her oath;

2. Further, DECLARE that the same judgement should be considered null and void;

3. CANCELS and REVOKES a contrario imperio, and in toto, all legal effects (including executive ones) arising from the said aforementioned judgement; And

4. GIVES any further orders and directives it deems appropriate and opportune.

With all the costs against the defendants, who are henceforth subpoenaed for their oath, and with the reserve for any action for damages and any other action pertinent to the applicants in the circumstances.

Av. Marsette Portelli Xerri 22, Sir Luigi Camilleri Street, Victoria, Gozo for Paul Spiteri. Av. Jonathan Mintoff Cor 951 Level 2, Office 6b Pjazza J.f. Kennedy, Victoria, Gozo for Elizabeth Spiteri.

The case is put off for the sitting of the 29th October, 2024 at 8.45 a.m. at the Gozo Court building, Cathedral Square, Victoria, Gozo.

Margaret De Battista

Assistant Registrar

For the Registrar Courts and Tribunals (Gozo)

29 October 2024

Notice 1997

1997

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 16th May, 2024, following a request by Renzo Kerr Cumbo et it was ordered that deputy curators be chosen to represent the vacant inheritance of Francis Degiorgio in the judicial sale by auction number 27/2024 in the names Renzo Kerr Cumbo et vs Concetta sive Maria Concetta Degiorgo and Deputy Curators and in the other relative and subsequent acts.

By means of an application for the issuance of a Warrant of Seizure on immovable property and for the judicial sale by auction filed on the 13th May, 2024, Renzo Kerr Cumbo (ID 0246681M) and Anthony Cumbo (ID 702958M) vs Concetta sive Maria Concetta Degiorgio (ID 997947M) and deputy curators to represent the vacant inheritance of the late Francis Degiorgio, whereby Renzo Kerr Cumbo et requested with respect and in terms of Article 306(1) of Cap 12 of the Laws of Malta, the applicants are requesting the issuance of the Warrant of Seizure on Movables against the premises 21, Charmaine, St Anthony Street, Fgura, according to those provisions it deems fit. With costs against the respondents.

Applicant: c/o 62/4 Old Bakery Street, Valletta, VLT 1454.

Respondents: 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 Toni Abela LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

16 May 2024

Notice 1998

1998

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd August, 2023, following a request by Matthew Sacco et vs deputy curators to represent the unknown heirs of the late Angelo Cutajar in the records of the schedule of deposit number 1700/2023 in the names Matthew Sacco et vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 1700/2023 in the names of Matthew Sacco, bachelor, sales manager, son of Jason and Silvia Sacco née Gauci born in Pietà on the 22nd January, 1996 and residing in Żurrieq (ID 53996M) and Maria Mangion, unmarried, chemist, daughter of Emanuel and Patricia Mangion née Saliba, born in Pietà on the 2nd September, 1995 and residing in Żurrieq (ID 371795M) vs deputy curators to represent the unknown heirs of the late Angelo Cutajar, born and residing in Żurrieq son of the late Antonio but his mother is unknown, having the title of perpetual sub-emphyteusis on the portion of a field (and forming part of the small field without name) found in Triq il-Mitħna Żurrieq other times numbered ten (10) having a façade of twenty three feet length and forty four feet deep on the same Triq il-Mitħna, Żurrieq and bounded on the west and the north west with Triq il-Mitħna, Żurrieq whilst on the south by another part of the same small field and on the north by property of the heirs of Giuseppe Mangion as it is subject to the proportional groundrent of an annual and perpetual groundrent of seven and a half shillings, which forms part of a larger groundrent, where other than such a groundrent the portion of a field is free and unencumbered from any other burden, filed in the First Hall of the Civil Court on the 18th August, 2023 the applicants Matthew Sacco and Maria Mangion respectfully submitted:

By means of a contract dated 3rd February, 2022 in the records of Notary Dr Mary Camilleri Cutajar (copy attached Doc A) the applicants acquired:

The tenement that is a terraced house with official number 41 previously 15 and previously 10, in Triq il-Mitħna, Żurrieq, with its relative airspace and subsoil.

These premises were sold as free and unencumbered with all their rights and appurtenances and is better explained on the contract Doc A1 and results better from the plan here attached as Doc A2.

That as results clearly from the contract Doc A1, these premises are subject to the annual and perpetual subgroundrent of €0.88 which subgroundrent is paid in two instalments every 1st November and every 1st May according to a contract in the records of Notary Francesco Fenech of the 23rd December, 1906 a copy of which is being attached as Doc A2A.

That this contract refers to a contract between the siblings Schembri and the owner of the groundrent Angelo Cutajar of the 3rd May, 1906 in the records of the deed Notary Francesco Fenech, which groundrent was originally larger but was imposed on larger land and other funds also, whereby eventually and later, the groundrent was divided such that the direct dominium was held by Angelo Cutajar and the sub-emphuyteusis was given to Giuseppe Schembri and Giovanni Schembri.

That in order for the official re-numbering to clearly result, the applicats are exhibiting extracts of the Government Gazette – both of the year 1993 as Doc A3 and of the year 1959 as Doc A4, where it results that these premises today have official number 41, Triq il-Mitħna, Żurrieq and where previously (as results in Doc A) they were numbered 15 Triq il-Mitħna, Żurrieq and from where it result that previously to this the old numbering of the premises was 10, Triq il-Mitħna, Żurrieq, as results from the extract of the Gazette of the year 1959 (Doc A4).

That the applicants wish to avail themselves of the faculty given to them in terms of Article 1501 of Chapter 16 of the Laws of Malta by effectively redeeming the said groundrent in terms of the same law, and this so that for all intents and purposes they settle any claims burdening the perpetual groundrent for the owner of the perpetual direct dominium.

That these premises and formerly, the developable portion of l and where today the premises 41, Triq il-Mitħna, Żurrieq are situated was acquired by means of a contract of donation and assignment by Giovanni Schembri to Maria Mangion by means of a contract of the 6th March, 1946 in the records of Notary Joseph Vella Galea LLD where it is explained that the groundrent is a pro rata groundrent from a larger groundrent and that the groundrent is seven and a half shillings.

That Giovanni Schembri is the son of the late Joseph Schembri and Anna Schembri née Schembri and died in Żurrieq on the 3rd November, 1962.

That this property was donated by Giovanni Schembri, to Maria Mangion née Cutajar, wife of the late Paolo Mangion and daughter of the late Carmel Cutajar and Giuseppa Cutajar née Schembri, by means of a contract of the 6th March 1946 in the records of Notary Joseph Vella Galea.

That Maria Mangion died on the 8th January, 1999.

That Giovanni Schembri had acquired the land subject matter of this schedule of deposit amongst other property by means of a contract in the records of Notary Franġisk Farrugia of the 24th October, 1939.

That thus by means of the present schedule of deposit, the applicants are depositing the sum of €22 representing groundrent of €0.88 capitalised at the rate of 5% according to law, which amounts to €17.60 as capitalisation and also €4.40 representing five years arrears of groundrent.

That for all intents and purposes and so that the owner of the perpetual direct dominium is duly represented and also since the heirs of Angelo Cutajar son of Antonio are unknown, the said applicants are representing the heirs of the deceased Angelo Cutajar son of Antonio Cutajar.

Thus the depositors are calling upon this Honourable Court and depositing under its Authority the total sum of €22 representing €17.60 annual and perpetual groundrent of €0.88 capitalised at the rate of 5% and €4.40 representing five years arrears of groundrent which sum is to be freely withdrawn by the successors in title of owner of the perpetual direct dominium of the perpetual groundrent on the portion of the field as above described and this after leaving the due receipt according to law and this for the settlement of any claims of the annual and perpetual groundrent due on the said premises 41, Triq il-Mitħna, Żurrieq.

Applicants: Matthew Sacco – 138, Arzella, Triq Ġużeppi Mattew Callus, Żurrieq.

Maria Mangion, 87 Vjal l-Indipendenza, Żurrieq.

Notification: Director Public Registry, 34, Archbishop Street, 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 Giannino Caruana Demajo LL.D. Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 1999

1999

By means of a decree given by the Civil Court, First Hall, on the 7th December, 2023, in the records of Sworn Application No:600/2023AB, which was filed on the 14th June, 2023, in the names: HSBC Bank Malta p.l.c. vs Attard Jeffrey, the following publication was ordered, in terms of Article 187 (3) et seq. of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the respondent to pay the plaintiff company the amount of ninety four thousand, eight euros and eighty five cents (€94,008.85c). With all costs and legal interest against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 17th September, 2024 at 9.10 a.m.

Notify Respondent: Attard Jeffrey. Intext, Sun Island Nurseries, Palma Street, Mġarr.

And Lara Buildings. Flat 1, Ġużeppi Calleja Street, Iklin.

CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

11 June 2024

Notice 2000

2000

ARB/C070/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd September, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Caroline Farrugia Frendo LL.D.). Compilation Number 6891/2024, in the case:

The Police

(Inspector John Leigh Howard)

(Inspector Jonathan Pace)

Versus

JASON ZAMMIT, 48 years, son of Emanuel Zammit and Mary Zammit nee’ Formosa, born in Tal-Pietà, Malta on the 19th November, 1975, and residing at Block B-2, Flat 6, Pjazza Madonna ta’ Fatima, Tal-Pietà and holder of Maltese Identity Card bearing number 537375M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to JASON ZAMMIT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, Article 5 of the Money Laundering Act, Chapter 373 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 22A, Article 5, and Article 36 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand Euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

MR ANTON SEVASTA

Director, Asset Recovery Bureau

09 September 2024

Notice 2001

2001

ARB/C071/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th September, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Marse-Anne Farrugia LL.D.). Compilation Number 702/2024, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector Warren Galea)

Versus

JORDAN GAFÀ, unemployed, 21 years, son of Antonio Gafà and Maria Pia Giordimaina née Falzon, born in Victoria, Gozo on the 18th September, 2002, and residing at 76, ‘Classic Court’, Flat 3, Triq il-Kappillan Magri, Mellieħa and holder of Maltese Identity Card bearing number 21702H.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to JORDAN GAFÀ and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 5 of the Money Laundering Act, Chapter 373 of the Laws of Malta, Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, Article 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 5, Article 23A, Article 22A, and Article 36 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand Euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

MR ANTON SEVASTA

Director, Asset Recovery Bureau

09 September 2024

Notice 2002

2002

ARB/C016/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd April, 2024 given by the Criminal Court – (Hon. Madam Justice Dr Consuelo Scerri Herrera LL.D.). In the case:

The Republic of Malta

Versus

ALFIO SCHEMBRI;

MALCOLM SCERRI;

KEITH SCHEMBRI, self-employed, 49 years, son of Alfio and Josephine née Gauci, born in St. Julian’s, Malta on the 26th July, 1975, residing at Santa Maria Gardens, Villa Abelia, C4, Triq iż-Żebbuġ, Mellieħa and holder of Maltese Identity Card bearing number 331975M.

ROBERT ZAMMIT;

KASCO HOLDINGS LIMITED;

KASCO LIMITED, incorporated with the name K & G Limited, with Maltese registration number C 25890 and registered address at Kasco, B3A, Żona Industrijali ta’ Bulebel, Bulebel, Żejtun.

KASCO ENGINEERING COMPANY LIMITED;

GSV CO LIMITED;

HOLDFORTH LIMITED;

MALMOS LIMITED;

IT’S GOOD LIMITED;

COLSON SERVICES LIMITED;

SELSON HOLDING CORPORATION;

TEKHNE INDUSTRIAL LIMITED;

BERNER MALTA LIMITED;

AND

2014

By means of a decree of the 6th December, 2023 of the Civil Court First Hall in the records of judicial letter number 3650/2023, in the names Commissioner for Tax and Customs vs deputy curators et noe, the following publication for the purpose of service on the respondent Ombromanto Finance Limited was ordered in terms of Article 187 (3) et seq of Chapter 12.

In the First Hall of the Civil Court

To deputy curators nominated to represent the absent Fabio Falli (Italian Passport Number YA9496624) in his own name and as director in the name and in representation of the company Ombromanto Finance Limited (C80849)

By the present the Commissioner for Tax and Customs of Block 5, Triq Vincenzo Dimech, Floriana, 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 following amounts respectively:

I. With regards to Fabio Ralli (Italian Passport Number YA9496624) in his own name and as director in the name and in representation of the company Ombromanto Finance Limited (C-80849) the amount of €891,651.71

II. With regards to Ombromanto Finance Limited (C80849) the amount of €1,109,129.20

representing the amount due by you in terms of the same Act.

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

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Tax and Customs has against you pro et noe by means of a notice sent to you.

In default, the interpellants inform you that they shall pass to execute the said executive title they have against you by means of the opportune warrants.

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

Notification: Ombromanto Finance Limited – Level 3, Suite no 1970, Tower Business Centre, Tower Street Swatar, Birkirkara.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

23 August 2023

Notice 2015

2015

By means of a decree given by the Court of Magistrates (Malta) on the 9th November, 2023, in the records of the judicial letter number 70/2021 in the names Commissioner for Revenue vs Etienne Cini pro et noe, the following publication for the purpose of service was ordered in terms of Article 187(3) et seq of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Etienne Cini (ID 432577M) in his own name and as director for and on behalf of the company Probe Fire and Security Limited (C42500) , on the 13th January, 2021, the Commissioner for Revenue, 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 €6,621.44 representing the amount due by you pro et noe as Value Added Tax according to the same Act.

With costs and interest according to the said Act XXIII of 1998 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 of Revenue 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.

Interpellant – Commissoner of Revenue – Block 5, Triq Vincenzo Dimech, Floriana.

Notification: i) The Penthouse, 47, Triq Sir Luigi Camilleri, Sliema.

ii) Premiere Pas Ta’ Ħabel Bellu, Triq Ħaż-Żebbuġ, Rabat.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 September 2024

Notice 2016

2016

By decree given by the Civil Court, First Hall on the 27th August, 2024 on the application of Cutajar Peter Paul (ID195660M) and by request of R1 Company Limited (C89925), Tuesday, 25th February, 2025 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, Republic Street, Valletta of the following property.

The apartment internally marked number seven (7), on the third floor level of the block unofficially marked letter “A”, “Ħal Warda Residencies”, Triq Ħal Warda, Ħ’Attard, which apartment previously consisted of two independent units, which were merged and today consists of one apartment, with its roof and overlying airspace of the same block and with its right to use the common parts of the block, with all its rights and appurtenances, including any rights and interests of the debtors, with a facade over a private road that abuts onto Triq Hal Warda. The block that the apartment forms part of is bounded on the North and South by property of Property Exchange Limited or its successors in title, and on the East by a private street that abuts onto Triq Hal Warda, Attard, and is valued at five hundred and twenty thousand Euro (€520,000).

The lock up garage, unofficially marked number twenty three (23), presently used as a store, situated in a garage complex at the underground level, underlying the same block which the apartment number 7 forms part of, which garage complex has its main entrance abutting onto Triq Xatbet l-Art, Attard. The said garage is bounded from the North, South, East and West with property of Property Exchange Limited or its successors in title and includes the right of use of the common parts of the garage complex including the main entrance, ramps, staircase and stairwell, driveways, and all other services installations, plant, equipment and the electrical system and meters which are principally intended for the common use of benefit of the lock up garages situated in the garage complex, with a window servitude (high level window) that overlooks onto the ramp that leads from the complex of garages onto Triq Xatbet l-Art and is valued at seventy thousand euro (€70,000).

The apartment and garage forms part of a block unofficially marked letter A, Ħal Warda Residencies, in Triq Ħal Warda, Ħ’Attard and are subject to and benefit from those servitudes resulting by natural way from their respective position overlying and underlying third party properties, and enjoys the right of use of the common parts of the complex, free and unencumbered, as described in the acts of Notary Tonio Cauchi dated twenty third of August, of the year two thousand and twelve (23.08.2012).

The said tenement is the property of Carabott Rosario (ID 678946M) and Carabott Maria (ID 651949M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

09 September 2024

Notice 2017

2017

By a decree of the Administrative Review Tribunal of the 9th July, 2024, in the records of the proceedings in the names Vincent Attard pro et noe vs Director General of Value Added Tax Application Number 94/13VG, the publication was ordered for the purpose of effecting service on Vincent Attard in terms of Article 187(3) Chapter 12 of the Laws of Malta of the following minutes:

Minute of the 19th October, 2023

Notification: Vincent Attard

The Tribunal is exempting Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting;

When the application was called Dr Anna Maria Cassar appeared for the Commissioner for Revenue and Customs.

Due to the fact that Dr Mark Simian was appointed Judge.

The Tribunal is giving the applicant till the next sitting to engage a lawyer.

The application is being put off for hearing to the 5th March, 2024 at 10.30 a.m. for further information.

Stefania Scicluna - Deputy Registrar

Minute of the 5th March, 2024

The Tribunal exempts Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting;

When the application was called, only Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr. Vincienne Vella.

Whereas the applicant company was not notified with the minutes of the 19th October, 2023;

The application is being put off to 18th April, 2024 at 9.30 a.m. for service by the usher of the applicant with the minutes of 19th October, 2023 and with the minutes of today 5th March, 2024.

Stefania Scicluna - Deputy Registrar

Minutes of the 27th May, 2024

The Tribunal is exempting Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting.

When the application was called Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr Vincienne Vella.

Whereas the applicant was not notified by the minutes of the 19th October, 2023 and the 5th March, 2024;

The Tribunal orders that the notification of the said two minutes and of today’s minute be made effected by the usher and if necessary after legal times and in case of negative effects by posting up and publication.

The application is being put off to the 9th July, 2024 at 9.00 a.m.

Stefania Scicluna - Deputy Registrar

Minutes of 9th July, 2024

The Tribunal exempts Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting.

When the application was called Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr. Vincienne Vella.

In view of the Decree delivered on the 27th May, 2024;

The Tribunal orders that the minutes of the 19th October, 2023, 5th March, 2024, 27th May, 2024 and today be served with a procedure for posting up and publication.

The Tribunal is leaving the case for the last time for the proof of the applicant company for the 29th October, 2024 at 11.45 a.m. in default of proof being brought forward, the stage of the proceedings of the applicant will be declared closed.

Stefania Scicluna - Deputy Registrar

Notification: Vincent Attard – Ashgill Court, Flat 1, Triq Censu Busuttil, Fgura.

ALEXANDRA DEBATTISTA

For the Registrar, Ċivili Courts and Tribunals

09 September 2024

Notice 2018

2018

By a decree of the Administrative Review Tribunal of the 9th July, 2024, in the records of the proceedings in the names Fujisonic Co Ltd vs Director General of Value Added Tax Application Number 80/13VG, the publication was ordered for the purpose of effecting service on Fujisonic Co Ltd in terms of Article 187(3) Chapter 12 of the Laws of Malta of the following minutes:

Minute of the 19th October, 2023

Notification: Fujisonic Co Ltd

The Tribunal is exempting Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting;

When the application was called Dr. Anna Maria Cassar appeared for the Commissioner for Revenue and Customs.

The application is being put off for hearing to the 5th March, 2024 at 11.00 a.m. for the last time for the proof of the applicant company.

Stefania Scicluna - Deputy Registrar

Minute of the 5th March, 2024

The Tribunal exempts Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting;

When the application was called, only Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr. Vincienne Vella.

Whereas the applicant company was not notified with the minutes of the 19th October, 2023;

The application is being put off to 18th April, 2024 at 9.30 a.m. for service by the usher of the applicant company with the minutes of 19th October, 2023 and with the minutes of today 5th March, 2024.

Stefania Scicluna - Deputy Registrar

Minutes of the 27th May, 2024

The Tribunal is exempting Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting.

When the application was called Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr. Vincienne Vella.

Whereas the applicant company was not notified by the minutes of the 19th October 2023 and the 5th March 2024; The Tribunal orders that the notification of the said two minutes and of today’s minute be made effected by the usher and if necessary after legal times and in case of negative effects by posting up and publication.

The application is being put off to the 9th July, 2024 at 9.00 a.m.

Stefania Scicluna - Deputy Registrar

Minutes of 9th July, 2024

The Tribunal exempts Michael Debono as Assistant to the Tribunal from assisting the Tribunal during today’s sitting.

When the application was called Vanessa Ciantar appeared for the Commissioner of Revenue and Customs assisted by Dr. Vincienne Vella.

In view of the Decree delivered on the 27th May, 2024;

The Tribunal orders that the minutes of the 19th October, 2023, 5th March, 2024, 27th May, 2024 and today be served with a procedure for posting up and publication.

The Tribunal is leaving the case for the last time for the proof of the applicant company for the 29th October, 2024 at 11.45 a.m. in default of proof being brought forward, the stage of the proceedings of the applicant company will be declared closed.

Stefania Scicluna - Deputy Registrar

Notification: Fujisonic Co Ltd – Flat 18, Boyland Flats, Triq Għar il-Lembi, Sliema.

ALEXANDRA DEBATTISTA

For the Registrar, Ċivili Courts and Tribunal

09 September 2024

Notice 2019

2019

By means of a decree of the 29th August, 2024 of the Rent Regulation Board, in the records of the Application in the names Guglielmo Cane’ et vs Emanuel Magri, Application Number 312/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Emanuel Magri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Guglielmo Cane’ (ID 16509L) and Advocate Doctor John Bonello (ID 534080M) as special mandatarory of the absent Giovanni Cane’ and Giuliana Cane’ vs Emanuel Magri (ID 0572745M) filed in the Rent Regulation Board, on the 4th July, 2024 the applicants Guglielmo Cane’ (ID 16509L) and Advocate Doctor John Bonello (ID 534080M) as special mandatarory of the absent Giovanni Cane’ and Giuliana Cane’ requested this Honourable Board why it should not:

1. Declare and decide that the respondent Emanuel Magri is the lessee of the premises 22, previously 70, Triq ir-Rictellu, Ħal Luqa in terms of Chapter 69 of the Laws of Malta and Act X of 2009;

2. Order that the means test of the respondent tenant Emanuel Magri be carried out in terms of Act XXIV of 2021, which means test has to be based on the means test as established in the Rules of the Continuation Tenancies (Means Test Criteria) according to Article1622A of the Civil Code and any regulations replacing them from time to time;

3. Consequently declare and decide that in terms of Act XXIV of 2021of the Laws of Malta, the rent shall be revised to an amount not exceeding 2% per annum, or any percentage which may from time to time be fixed, of the free and open market value of the premises on the 1st January, 2024 and namely the year during which the application was filed and in order to establish new conditions regarding the lease if any the case.

4. Condemn the respondent lessee Emanuel Magri start paying that rent as liquidated.

5. Give those necessary orders in terms of Article 1531F of Cap 16 of the Laws of Malta and Act XXIV of 2021 in case the lessee does not satisfy the criteria of income and capital of the means test according to regulations issued by the Minister for Accommodation from time to time.

With costs and the respondent is from now summoned so that a reference to his oath be made.

Applicant: 81, Triq Sir Ugo Mifsud, Ħal Lija.

notification: Emanuel Magri – 22 gia 70 Triq ir-Rixtellu, Ħal Luqa.

Housing Authority

The application in the names Guglielmo Cane’ et noe vs Emanuel Magri, Application Number 312/2024JG has been postponed for hearing to the 18th September, 2024 at 10.35 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

09 September 2024

Notice 2020

2020

By means of a decree of the 3rd September, 2024, handed down by the Juvenile Court in the records of the application number 23/2024AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Nadine Calleja et, the following publication was ordered for the purpose of effecting service on the respondents Nadine Calleja and Gabriele Farrugia Hardie in terms of Article 187(3) et seq of Cap. 12.

By means of a note in the records of Application Number 23/2024AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Nadine Calleja (ID 55102L) and Gabiel Farrugia Hardie (ID 526394M) filed in the Juvenile Court, on the 26th July, 2024, the applicant Directorate for Child Protection filed a report listing the communication made with the respondent Gabriel Farrugia Hardie’s father regarding access with the minor hereby attached and marked Doc CC1; as well as a note filed on the 26th July, 2024 whereby the Directorate for Child Protection through it filed a report in respect of the request for change of alternative care hereby attached and marked Doc CC2 and by a minute of the 26th July, 2024 whereby amongst others it was asked that this Honourable Court authorise the change of residence of the minor immediately to an alternative residence which in the circumstances can offer care to the same minor.

The Court ordered the notification of Doc CC1 and CC2 to the parties as well as the minutes of the 26th July, 2024 with two days to reply so that the Court can pass on to the decide regarding the change of residence.

The case (Application Number 23/2024AC) in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Nadine Calleja et is postponed to the 8th November, 2024 at 9.30 a.m.

Directorate for Child Protection – 220, Cannon Road, Santa Venera.

Notification Nadine Calleja – 11, Numru 2, Sqaq Ħas-Sajjied, Birkirkara.

Gabriel Farrugia Hardie -Pico Ruvio, Flat 1, Triq Għeriexem, Rabat.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

09 September 2024

Notice 2021

2021

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th July, 2024, Application number 978/2018/1, by Marion sive Marion Bennet Neame et whereby they requested that it be declared open in favour of Marion sive Marion Bennet Neame, Angela Pawley Neame and Josephine Paris Neame children of the decujus in equal shares between them the succession of Josephine Neame, widow of Edward Neame, daughter of the late Emanuel Taliana and Mary Rose Taliana née Agius, born in Ħaż-Żebbuġ, Malta, resided in San Ġiljan, Malta and died in Imsida, Malta on the 26th July, 2023 aged 71 and who held identity card number 333652(M).

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

09 September 2024

Notice 2022

2022

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th June, 2024, Application number 580/2024, by Marisa Mallia et, whereby they requested that it be declared open in favour of Marisa Mallia, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Leanne Cutajar Mallia, Kimberly Mallia and Kylie Mallia children of the decujus in equal shares between them the succession of Sandro (Alexander) Mallia, husband of Marisa Mallia née Caruana, son of the late Peter Paul Mallia and Mary Mallia née Agius, born in Ħ’Attard, Malta, resided in Ħ’Attard, Malta and died in Ħ’Attard, Malta on the 21st December, 2023 aged 57 and who held identity card number 0215766(M).

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

09 September 2024