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Court Notices published in Government Gazette no 21,358 of 10th December 2024

Date Icon 10/12/2024

Notice 2883

2883

By means of a decree of the 13th November, 2024, of the Rent Regulation Board, in the records of the application in the names Andrew Baldachino vs Joseph Gatt, Application Number 361/2024JG, the following publication was ordered for the purpose of effecting service on the respondent Joseph Gatt 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 Andrew Baldacchino (ID 541679M) vs Joseph Gatt (ID 424369M) filed before the Rent Regulation Board, on the 12th August, 2024, the applicant Andrew Baldacchino  requested this Honourable Board to:

1. Decide the cause in terms of Art 16A of Cap 69 of the Laws of Malta;

2. Declare that the lease of the shop at address 2, Triq SantʼAndrija, Ħal Luqa should not be renewed for the reasons exposed;

3. Order for the reasons premised the respondent to vacate from the premises at address 2, Triq SantʼAndrija, Ħal Luqa and fix a short and peremptory period within which the respondent is to vacate from the same premises to remove all his belongings and give back the vacant and full possession of the same premises to the applicant;

4. Condemn the respondent to pay the applicant the global sum due of €6,983.64 besides legal interest;

5. Authorise the applicant to take back possession of this premises.

Saving any further provision that this Honourable Board deems fit and opportune in the circumstances.

With costs, including those of the legal letter, of the judicial letter with number 2884/2024 and of the garnishee order filed at the same time and with legal interest from the date of each instalment till the effective payment, against the respondent who is from now summoned so that a reference to his oath be made and saving any necessary and opportune further legal action.

Applicants: 11, Triq is-Swejda, Marsascala.

Respondent: Sunny Lodge, Flat 2, Triq il-Maqdes Megalitiku, San Pawl il-Baħar.

The application in the names Andrew Baldacchino vs Joseph Gatt, Application Number 361/2024JG has been postponed for hearing to the 17th January, 2025, at 1.30p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2884

2884

By means of a decree of the 19th November, 2024, of the Civil Court (Family Section), in the records of the  application in the names Mousab Al Matni vs Marcella Mifsud, Application Number 144/2024JPG, the following publication was ordered for the purpose of effecting service on the respondent Marcella Mifsud 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 records of the application Number 144/2024JPG in the names Mousab Al Matni (ID 538612L) vs Marcella Mifsud (ID 225478M), filed in the Civil Court (Family Section), on the 20th March, 2024, the applicant Mousab Al Matni (ID 538612L) requested this Honourable Court to:

1. Pronounce the dissolution of marriage celebrated on the 14th January, 2004, between the parties;

2. Order the Registrar of Courts so that within the time specified by this Court, notify the Director of Public Registry regarding the dissolution of marriage  of the parties so that this is registered in the Public Registy.

The application in the names Mousab Al Matni vs Marcella Mifsud, Application Number 144/2024JPG has been postponed for hearing to the 16th January, 2025, at 11.45 a.m.

Applicant: 46, Triq ir-Ridott, Xemxija.

Respondent: Marcella Mifsud, 89, Mdina Road, Qormi.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

16 January 2025

Notice 2885

2885

By means of a decree of the 7th May, 2024, of the Civil Court (Family Section), in the records of the application in the names Antonella Calleja pro et noe vs Michael Camilleri et, Application Number 34/2024AGV, the following publication was ordered for the purpose of effecting service on the respondent Michael Camilleri 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 records of the Application Number 34/2024AGV in the names Antonella Calleja (ID 212192M) in her own name and as curator ad litem of the minor...omissis...vs Michael Camilleri (ID 282183M), Jonathan Felice and Director Public Registry, filed in the Civil Court (Family Section), on the 27th February, 2024, the applicant Antonella Calleja pro et noe requested this Honourable Court to:

1. Declare that...omissis...is the natural father of the respondent Michael Camilleri;

2. Order the correction of the birth certificate of the minor...omissis...where in the column where there is indicated the name and surname of the minor's father cancel the name Jonathan Felice and replace it by the name Michael Camilleri and also order that the particulars relative to Jonathan Felice and namely profession, trade or other state, to the age, place of birth and residence and to the name and surname of the father and whether he is alive or dead as to the father be corrected by indicating those of the biological father Michael Camilleri.

3. Order the Director Public Registry, to register the judgement relative to the change in the certificate of the minor.

With costs against the respondents or either of whom and the respondents remain summoned so that a reference to their oath be made.

The application in the names Antonella Calleja pro et noe vs Michael Camilleri et,  Application Number 34/2024AGV has been postponed for hearing to the 7th January, 2025, at 9.00 a.m.

Applicant: 71, Triq l-Isqof Scicluna, Qormi,

Respondent: Michael Camilleri – 121, Flat 1, Triq Vitorja, Qormi.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2886

2886

By means of a decree of the 28th October, 2024, of the Civil Court (Family Section), in the records of the Application in the names Isabelle Ruggier vs Khaled Shehata et,  Application Number 29/2024AF after the precautionary garnishee order 87/2023, the following publication was ordered for the purpose of effecting service on the respondent Isabelle Ruggier  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 records of the precautionary garnishee order number 87/2023 Application Number 29/2024AF in the names Isabelle Ruggier (ID 0098072M) vs Khaled and Anna spouses Shehata (ID 330298M and 745261M respectively)  filed in the Civil Court (Family Section), on the 26th February, 2024, the applicant Anna Shehata (ID 745261M) requested this Honourable Court to:

i) In application of the provisions of Art 836 (1) (a) and subordinarily Art 836 (1) (f) of Cap. 12 revokes and cancels the precautionary Garnishee order in the names Isabelle Ruggier vs Khaled Shehata and Anna Shehata (Warrant number 87/2023) as regards the applicant Anna Shehata.

ii) in application of the provisions of Art 836 (8) (a) and (d) of Cap 12 condemn the plaintiff Isabelle Ruggier to pay a penalty of not less than €1,164.69 and not more than €6,988.12.

iii) in default of upholding the previous demands, in application of the provisions of Art 838A of Cap 12 order the plaintiff Isabelle Ruggier to give within a term fixed to her, a reasonable guarantee for the payment of the penalty which may be imposed and of damages and interest and if she fails to remove the precautionary act.

​And this under those provisions that this Honourable Court deems fit and opportune.

With costs.

Applicant: 7, Hurghada, Triq San Luqa, San Pawl il-Baħar, Malta.

Notification: Respondent – Isabelle Ruggier – Metraco, Flat 2, Vjal ir-Rihan, San Ġwann, Malta.

Civil Court (Family Section) – Honourable Madam Justice Anna Felice LLD.    

Application No 29/2024AF after the garnishee order number 87/2023.

The Court,

Having seen the application;

Orders the notification  with ten days within which to submit a reply. 

Fixes the application for hearing to the 21st March, 2024, at 1.00 p.m. which was postponed to the 8th January, 2025, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2887

2887

By means of a decree of the 22nd February, 2024, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3476/2023 in the names Automated Revenue Management Services Limited noe vs Klaus Tuchhandler, the following publication was ordered for the purpose of effecting service on the respondent Klaus Tuchhandler  in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Klaus Tuchhandler (Passport Number 8020927785) of 171, Triq iŻ-Żewġ Mini, Isla.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,752.00 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations and the water supply regulations  together with interest due on the amount and which amount consists of the following:

I. As for utility bills number 411000063737 the amount of €1,422.62 regarding the premises Garage 10, Triq ix-Xatt Juan B Azopardo, Isla; and

II. As for utility bills number 101000253523 the amount of €329.38 regarding the premises 171, Triq iŻ-Żewġ Mini, Isla.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 December 2024

Court Warrant

2888

By means of a decree of the 14th November, 2024, by the First Hall of the Civil Court, in the records of the Garnishee Order  Number 1777/2024 in the names Istituto per le Opere di Religione vs Futura Investment Management Limited et, the following publication was ordered for the purpose of effecting service on Futura Investment Management Limited proprio and also in on behalf of  Optimum Asset Management S.A. and Alberto Matta in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the First Hall of the Civil Court, in the names (creditor) Istituto per le Opere di Religione, non-profit organisation under the Canon Law which is located in the Vatican State, represented by the special mandatary Advocate Louis Cassar Pullicino (ID 441061M) vs (debtor) Futura Investment Management Limited (C-53181); Optimum Asset Management S.A., a company incorporated under the Laws of Luxembourg, with official number B158100); and Alberto Matta (Italian Passport number B 746108),  filed on the 29th October, 2024, the applicant Istituto per le Opere di Religione as locally represented respectfully requested and as confirmed under oath by Advocate Doctor Louis Cassar Pullicino:

That this Honourable Court orders the issue of a garnishee order to be executed in the hands of the garnishee or garnishees as hereinafter mentioned against the said debtor for the debt herein mentioned and for the costs of this procedure, as security for the debt hereinafter indicated.

Credit

Principal Amount Due - €25,000,000;

Interest - reserved

Costs - reserved

Title damages suffered by the applicant and for which the respondents together with other third parties are responsible, in solidum or otherwise and resulting from their illegal behaviour in violation of their financial obligations towards the applicant Institute in connection with an investment made in Kappa Fund, which claims are already said in detail in the sworn application number 923/2017 RGM in the names: Istituto per le opere di Religione vs Futura Funds SICAV plc et. These damages are being liquidated for the purposes of this warrant and as explained in more detail in the evidence given by Professor Paolo Colombo in the cause above indicated.

Filed by Advocate Louis Cassar Pullicino and Advocate Stefan Frendo and  Legal Procurator Lindsey Galea.

Garnishee Order

Republic of Malta

Wheareas the above application has been filed and it contains the elements required according to law for the issue of the orders herein contained;

You are, therefore, on the said application, hereby ordered that, by delivering a copy of this Order, in the first place, to the aforesaid garnishees and subsequently to the debtor, you shall enjoin the said garnishees to retain in their possession as sequestered until the expiration of the time for which this warrant shall remain in force according to law or until further orders, or otherwise to deposit in the Registry of this Court, so much of the things or moneys in their possession appertaining to the said debtor as may be sufficient to satisfy the aforementioned claim of the said creditor together with the costs hereof under penalty of the payment of damages and interest, in case of disobedience and after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman  LLD , Doctor of Laws.

To the garnishees

You are ordered to deposit all sums and effects in your possession within ninteen (19) days from the notification of this warrant, with the Registrar of Courts according to Article 376(2) of the Laws of Malta.

Notification:  Futura Investment Management Limited proprio and on behalf of  Optimum Asset Management S.A. of Suite 4, 8th Floor, Portomosa Business Tower, St Julians and Alberto Matta of c/o Futura Investment Management Limited, Suite 4, 8th Floor, Portomaso Business Tower, St Julians.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2889

2889

By means of a decree given by this Court on the 1st August, 2024, following a request by Anna Spiteri it was ordered that deputy curators be chosen to represent  the absentee Ines Bezzina  in the acts of the judicial letter number 3504/2024  in the names Anna Spiteri vs Joseph Farrugia et and  Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 31st July, 2024, by Anna Spiteri (ID 0105357M) of 62, Triq il-Markiż Giuseppe Scicluna, Naxxar, against Joseph Farrugia (ID 108670M) of 5 St Francis Street, Balzan; Charles Farrugia (ID 453668M) of 22, Triq Ħal Saflieni, Luqa; Jesmond Farrugia (ID 173365M) of 20, Flat 7, Triq Prinċipessa Margerita, Msida, Mary Bugeja (ID 240143M) of Mary Lou, Triq E.B. Vella, Birkirkara, Mary Galea (ID 208842M) of Misraħ Lewza, Block 5, Door D, San Ġwann and deputy curators to represent the absent Ines Bezzina nee Galea (ID 610553M) of 10, Norton Street, Sunshine, West Victoria 3020, Australia whereby by means of the present Anna Spiteri refers to the legacy consisting of half an undivided share of the house 64 with the annexed garage number 66 previously number 35 Triq il-Markiż Scicluna, Naxxar which was bequeathed to her by her deceased mother in her will of the 19th September, 2002. By means of this legacy, the interpellant became the owner of the house and garage above mentioned since the other half undivided share was transferred to her by means of a deed of datio in solutum dated 4th March, 2003.

Although the properties above mentioned are entirely owned by the interpellant, you have not yet officially placed her in the possession of the same. This despite the fact that the interpellant has been in the physical and material possession of the legacy.

Thus, the interpellant solicits you so that within one week from this letter you place her in possession of the house 64 with the garage attached with it number 66 previously number 35 Triq il-Markiż Scicluna, Naxxar.

In default, the interpellant warns you that you shall be taking all the necessary legal action against you.

So much so that you may know how to regulate yourselves and avoid unnecessary costs and procedures.

With costs including those of the present

Interpellant - Anna Spiteri – 62, Triq il-Markiż Giuseppe Scicluna, Naxxar .

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 whoever 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 Lawrence Mintoff LLD,  Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2890

2890

Whereas Lawrence Borg and Joshuella Bonnici filed a writ of summons number 102/2024 (SG) in the names: Borg Lawrence et vs Direttur tar-Reġistru Pubbliku għal Għawdex, demanding corrections in the act of birth of Adrianna Borg bearing number two hundred and twenty-two of the year two thousand and twenty-four (222/2024) and in every other civil status act relative to Adrianna Borg.

Whoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen (15) days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified, by the service of a copy of the said writ of summons, of the day which will be appointed for the hearing of the case.

John Vella

For the RegistrarGozo Courts and Tribunals

22 November 2024

Notice 2891

2891

By a decree of the Small Claims Tribunal of  the 24th September, 2024, the publication of the following extract was ordered for the purpose of service on the respondent Malcolm Bartolo in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

​​Mapfre Middlesea plc (C5553) of Middle Sea House, Floriana as subrogated in the rights of its insured Daphne Cutajar (ID 0244392M) and the same Daphne Cutajar of Rosemarie, Triq Ċensu Farrugia, Imsida filed a claim on the 12th September, 2024, whereby they asked the tribunal to condemn Malcolm Bartolo (ID 331484M) of 11, Oriana, Flat 3, Triq l-Għeneb, ĦaŻ-Żebbug, to pay the plaintiff company the sum of €1,416 which amount is due to the plaintiff company.

With costs and interests.

The case (Claim Number 250/2024CC) is put off on the 15th January, 2025, at 12.30p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

06 December 2024

Notice 2892

2892

By a decree of the Industrial Tribunal of  11th October, 2024, the publication of the following extract was ordered for the purpose of service on the Sunilkumar Shantilal Bhati in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12) .

TCB Services Ltd (C79183) of 137, Lorenzo Gafà Street, Mosta, filed a Claim on the 6th July, 2023, whereby the plaintiff company asked the tribunal to condemn Sunilkumar Shantilal Bhati  (ID 319796A) of 84, Katrina Apartments, Fl 6, Triq Parades, San Pawl il-Baħar,  to pay the plaintiff company  the sum of  €1,670.32 which amount is due to the plaintiff company.

The case number 4190/23/AM is put off on the 24th January, 2025, at noon.

Notification: Sunilkumar Shantilal Bhati  (ID 319796A) of 84, Katrina Apartments, Fl 6, Triq Parades, San Pawl il-Baħar.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

24 January 2025

Notice 2893

2893

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th August, 2024, Application number 759/2024, by John Vella  whereby he requested that it be declared open in favour of John Vella  the succession of Giuseppa sive Josephine Vella, widow of Emanuel Vella, daughter of the late Giuliano Micallef and Loreta Micallef nee Tanti, born in Sliema, Malta, resided in Naxxar, Malta and died in Bormla, Malta on the 16th February, 2024, aged 93 and who held identity card number 0810330(M).

Therefore, 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 December 2024

Notice 2894

2894

By means of a decree of the 31st October, 2024, handed down by the Juvenile Court in the records of the application number 117/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Sabrina Grech et, the following publication was ordered for the purpose of effecting service on the respondent Sabrina Grech in terms of Article 187(3) et sequitur of Cap. 12.

By means of a note in the records of Application Number 117/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Sabrina Grech (ID 255390) and Jason Zammit filed in the Juvenile Court, on the 11th September, 2024, the applicant Directorate for Child Protection  filed a report marked Doc AZ2 by means of which he is listing the manner of access and development of the minor...omissis...the manner of access between the mother, the father and the minor;

And by means of another note of the 1st October, 2024, the applicant Directorate for Child Protection filed a report marked AZ3 by means of which it is listing the manner of access and the development of the minor...omissis...the manner of access between the mother, the father and the minor.

The case (Application Number 117/2023AC) in the names Directorate for Child Protection within the Foundation of Social Welfare Services  vs Sabrina Grech et  is postponed to the 28th February, 2025, at 10.30 a.m.

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

Notification - Sabrina Grech – Dolce Vita, Mais 1, Triq San Mikiel, San Ġwann.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2895

2895

By a decree of the Court of Magistrates (Malta) of the 14th June, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Konrad Grech (ID 59773M) for and on behalf of  KPMG of Portico Buildings, Marina Street, Pietà, filed a claim on the 31st May, 2024, whereby the plaintiff noe asked the Court to condemn Maximilian Jurtz as director for and on behalf of  Befaster Fit Limited of Befaster Fit Limited (C95624), Flat 2.2, Block 1, Southridge Apartments, Louis Wettinger Street, Mellieħa, to pay the plaintiff noe the sum of €11,887.32 which amount is due to the plaintiff noe.

With costs and interests.

The case (Notice  Number 114/2024VGA) in the names Konrad Grech noe vs Maximilian Jurtz noe  is put off for hearing for the 27th January, 2025, at 10.00 a.m.

Notification:  Maximilian Jurtz as director for and on behalf of  Befaster Fit Limited of Befaster Fit Limited (C95624), Flat 2.2, Block 1, Southridge Apartments, Louis Wettinger Street, Mellieħa.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2896

2896

By means of a decree of the 26th September, 2024, of the Court of Magistrates (Malta) in the records of judicial letter number 2597/2024, in the names Housing Authority vs Charmaine Magro, the following publication was ordered for the purpose of effecting service on the respondent Charmaine Magro in terms of Article 187(3)  of Chapter 12.

In the Courts of Magistrates (Malta)

To Charmaine Magro (ID 513680M) of A3, Towers, Blokk A2, Flat 1122, Triq Ninu Cremona, Raħal Ġdid.

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 €5,150 which amount is sure, liquid and due by you.  This amount represent the amount due by you to the interpellant for the payment of rent on the premises A3, Towers, Blokk A2,  Triq Ninu Cremona, Raħal Ġdid and your part for the common parts, 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

26 July 2024

Notice 2897

2897

By means of a decree of the 9th September, 2024, of the Civil Court First Hall in the records of judicial letter number 4357/2023, in the names Commissioner for Tax and Customs vs Giovanni Divita pro et noe, the following publication for the purpose of service on the respondent Giovanni Divita was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Giovanni Divita (Passaport Number AA4221085) in your own name and as director for and on behalf of the company Divitargenti Limited Limited (C58003) today struck off from the Registry of Companies of Carnation's Triq l-Imgħażel, is-Swieqi.

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  amount of  €130,878.84 representing 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 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 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 pro et noe by means of the opportune warrants.

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2898

2898

By means of a decree of the 7th March, 2024, in the records of the judicial letter number 414/2024, in the names Benjamin Borg vs Wielei Zhu, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Wielei Zhu in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

​TO: Wielei Zhu (ID 297130A) of 3, Belfry Flat Nru 3, Triq Forrest, San Ġiljan.

By means of this present, Benjamin Borg (ID 500186M) of 3 Belfry Flt 1, Forrest Street, St Julians, referes to the lease agreement dated 23rd June, 2021, through which you rented apartment number 4, 3 Belfry, Forrest Street, St Julians.

That clause (ii) under the contractual heading miscellaneous, expressly prohibits smoking in the apartment, a contractual condition that you have breached, as confirmed by plaintiff following an inspection of the property, as evidenced through the messages exchanged between you, attached for ease of reference and marked Doc. BB1.  Furthermore it appears that you have been harbouring a pet cat in the apartment without plaintiff's knowledge or consent, and this in breach of your obligation not to keep any pets/animals in the property.  An obligation this, that you accepted upon signing and in the presence of Barbara Ekles (an estate agent with Sotheby's International Realty) who witnessed said obligation.

Furthermore, and without prejudice to the above, plaintiff referes to your notice of termination of the lease, not later than the 14th February, 2024, which notice was accepted by plaintiff and who, in turn, entered into a contract of lease with third parties (as you well know) which lease commences the week after the 14th February, 2024.  The value of the lease is of €25,800 per annum, equivalent ot €2,150 monthly.

In view of the above and with particular reference to the breach of obligatins on your part, you are hereby being given formal notice of the termination of the contract of lease with immediate effect and consequently being cautioned to evict the property immediately.  Should you fail to act accordingly, plaintiff is hereby holding you responsible for damages which shall include but which shall not be limited to loss of rental income of one year, in the amount of €2,150 monthly and damages attributed to the pet cat.

Be advised that should you persist with the possession of the property in question, a cort case shall be insituted against you, together with warrants alloowed at law.

So much for your better guidance, with costs and legal interest.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2899

2899

By means of a decree of the 19th April, 2024, of the Civil Court First Hall in the records of judicial letter number 4605/2023, in the names Commissioner for Tax and Customs vs Salvatore Russo, the following publication for the purpose of service on the respondent Salvatore Russo  was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Salvatore Russo (ID 0073490A) of 105, Sambro, Fl 2, Triq Sant'Antnin, San Ġwann, Malta.

   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  amount of  €507,650.13 representing amount due by you in your capacity as director of the company VI&GA Limited (C60968) 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 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 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.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

06 December 2024

Notice 2900

2900

By means of a decree given by this Court on the 24th November, 2023, following a request by Maria Grazia sive Grace Cauchi it was ordered that deputy curators be nominated to represent  the unknown heirs of Giorgio Mifsud in the records of the schedule of deposit number 2497/2023 in the names Maria Grazia sive Grace Cauchi vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of subgroundrent, number 2497/2023 in the names of Maria Grazia sive Grace Cauchi, born in Ħaż-Żabbar, widow of Louis Cauchi (ID 545851M) born on the 25th June, 1951, and residing at 162, Green Meadows, Triq il-Friefet, Marsascala vs deputy curators to represent the unknown heirs of Giorgio Mifsud filed in the First Hall of the Civil Court on the 24th November, 2023, the applicant Maria Grazia sive Grace Cauchi  respectfully submitted:

That the applicant became the owner of the premises with official number 30, Triq Wied il-Għajn, Haż-Żabbar, as subject to the annual and perpetual groundrent of one and a half liri (£1-10.0/3.49 EUR) as well as sub-groundrent which includes the said groundrent, by means of a partition dated 28th May, 2022, in the records of Notary Doctor Joseph Lia (which is being attached and marked as Doc. A) after it devolved from the inheritance of her father and mother, John said who died on the 23rd September, 1974, by a will unica charta dated 18th May, 1961, in the records of Notary Carmelo Lia and Concetta Said who died on the 21st September, 2002, by the same will unica charta of the 18th May, 1961, as well as two other wills she made on her own dated 29th August, 1977, in the records of Notary Maurice Gambin and the 22nd January, 1999, in the records of Notary Carmelo Lia, respectively and this as reflected in the partition above mentioned and attached;

For all intents and purposes, remarked that the declaration causa mortis relative to the immovable inheritance of Concetta Said was made by a deed of Notary Carmelo Lia on the 16th January, 2003;

That John Said acquired the same property from the power of Virginia widow of Giovanni Scicluna, as subject to one and a half liri (£1-10.0) annual and perpetual subgroundrent from all other things free and unencumbered in virtue of a deed of sale in the records of Notary Carmelo Lia of the 8th July, 1968, attached and marked as Doc. B.

That the said Virginia Scicluna acquired by title of  datio in solutum from the power of Joseph (Giuseppe) Scicluna this premises as subject to the annual and perpetual subgroundrent of one and a half liri (£1-10.0) from all other things free and unencumbered, by means of a deed in the records of Notary John Micallef Trigona of the 14th July, 1958, attached and marked as Doc. C;

That Joseph (Giuseppe) Scicluna had acquired by title of sale from the power of Emanuel Camilleri this urban premises as subject to the annual and perpetual subgroundrent of one lira and ten shillings from all other things free and unencumbered, by means of a deed in the records of Notary John Micallef Trigona of the 4th March, 1958, attached and marked as Doc. D.

That Emanuel Camilleri acquired by title of sale from the power of Giorgio Mifsud, the maisonette in Haż-Żabbar Triq Wied il-Għajn as subject to one and a half pounds (£1-10.) annual and perpetual subgroundrent in virtue of a deed in the records of Notary Joseph Agius of the 28th October, 1957. The said annual and perpetual subgroundrent of £1-10.0 was constituted on this act, which runs from the date of the act of the 28th October, 1957, which rate includes the rate of original groundrent. The maisonette is a divided part of the house which Giorgio Mifsud had acquired in virtue of a contract in the records of Notary Dr Joseph Agius of the 9th October, 1954.

That the applicants wish to avail themselves of the faculty given to them by Article 1501 of the Civil Code of Malta and redeem the annual and perpetual sub-groundrent of one and a half liri (£1-10.0) burdening the premises with number 30, Triq Wied il-Għajn, Ħaż-Żabbar.

Thus the applicants are humbly calling upon this Honourable Court and under its authority pass on to deposit the total amount of €69.80 which amount represents the capitalisation of the said annual and perpetual sub-groundrent regarding the said premises as above described at the established rate of 5% which sum is to be freely withdrawn by the respondents after leaving the due receipt according to law.

Notification:   Director Public Registry, 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 whoever 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 they fail 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

06 December 2024

Notice 2901

2901

By means of a decree given by this Court on the 11th October, 2023, following a request by Mary Cassar it was ordered that deputy curators be nominated to represent the unknown owners in the records of the schedule of deposit number 2149/2023 in the names Mary Cassar vs deputy curators  and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 2149/2023 in the names of Mary Cassar nee Zammit, widow of Joseph Cassar, daughter of the late Paul Zammit and Emanuela Zammit nee Vella, born in Marsa on the 27th October, 1935, and residing in San Pawl il-Baħar (MAJROM Court, Flat 5, Bella Vista, Trejqet il-Kulpara, San Pawl il-Baħar) ID 0753335M vs deputy curators to represent the unknown owners of the groundrent and today it is unknown if they are still alive filed in the First Hall of the Civil Court on the 9th October, 2023, the applicant Mary Cassar, pensioner, daughter of Paul Zammit and Emanuela nee Vella, born in Marsa on the 27th October, 1935, and residing in San Pawl il-Baħar (Majrom Court Flat 5, Bella Vista, Trejqet il-Kulpara, San Pawl il-Baħar) (KI 0753335M)  respectfully submitted:

That the applicant is the owner of the property or rather the garage without official number and without internal number, known as Marlene Garage and the garage without official number and without internal number known as Carol Garage both forming part of the same complex of garages at groundfloor level,  with access from an entrance and drive-in abutting onto Triq Carini, Santa Venera, which entrance has the official number of 47, previously without number, that together were subject to the annual and perpetual subgroundrent and also to the perpetual emphyteusis.

The applicant redeemed the perpetual subemphyteusis by means of a schedule of deposit with reference number 532/2023 and according to the procedure specified in Article 1501 of the Civil Code.

The applicant became the owner of the whole property merit of the present schedule of deposit upon the death of her deceased husband Joseph Cassar (ID 0564433M) who died on the 8th May, 2022, by will unica charta in the records of Notary Clyde La Rosa dated 23rd October, 2006 (Doc. A). According to the dispositions of the same will unica charta, the universal heirs of Joseph Cassar is the applicant Mary Cassar as similarly declared in the declaration causa mortis of the same deceased Joseph Cassar (Doc. B) and the testamentary searches which establish that the will mentioned is the only will of the same Joseph Cassar (Doc. C).

The same deceased Joseph Cassar had acquired the property of measurement of 53.7 square canes, on which the property above mentioned was built during his marriage with his wife the applicant, from Paul Saliba by title of annual and perpetual sub-emphyteusis in virtue of a public deed dated 24th March,1977, in the records of Notary Dr. Joseph Cachia.

Paul Saliba together with Fr Giuseppe Frendo, Francesco Saverio Frendo and Francesco Vella, had originally acquired from Carmela Gatt nee Briffa wife of Lawrence Gatt and Antonio Briffa, siblings Briffa, children of the late Giorgio Briffa and Grazia Briffa nee Dingli, both born in Qormi and residing Carmela in ĦʼAttard and Antonio Ħal Luqa, land measuring 188.6 square canes, by title of perpetual emphyteusis towards the perpetual groundrent of Lm 75.44c2 per annum calculated on the basis of eight shillings per square cane, in virtue of a public deed dated 30th December, 1968, in the records of Notary Doctor Joseph Cachia (Doc. E). The property was originally undeveloped land forming part of the lands known as Tal-Turretta that is Tal-Fossi in the limits of Santa Venera.

By means of a deed of partition in the records of Notary Joseph Cachia dated 5th February, 1976, (Doc. F) the land on which the above described garages were built was assigned to Paul Saliba.

As stated above the whole land was subject to a Lm 75.44c2 perpetual groundrent which according to the same contract is reflected as eight shillings per square cane, the land assigned to Joseph Cassar is thus subject to a Lm 21.48 equivalent to €50.03.

The deceased Joseph Cassar used to pay the subgroundrent to Paul Saliba according to the public deed mentioned and after he died he used to pay the same to his widow Lucia Saliba. The practice was that Lucia Saliba phoned Joseph Cassar when the groundrent closed, but after Lucia moved to Gozo for some reason, he lost contact. When Lucia died, her heirs never contacted Joseph Cassar to pay the groundrent and he did not know who they are and where they live.

It is not known when the last time  the grooundrent was paid  nor to whom the same groundrent was due as stated.

The interpellant thus wishes to (a) availing herself of this schedule of deposit in order to pay the arrears which may be due and namely those equivalent to the last five (5) years and (b) wishes to avail herself of the right given to her by Article 1501 of the Civil Code to redeem the groundrent burdening the property of the interpellant as described above.

The groundrent above mentioned capitalised at the rate of 4% in terms of the contract consisting of the original perpetual emphyteutical concession above mentioned, amounts to the sum of €1,250.87.

For the purposes of Article 1501 (7) (d) there are attached two plans indicating the site merit of the redemption (Doc G and H).

Thus the applicant is calling upon this Honourable Court and under its authority:

Deposit the sum of €250.17 that is hundrend and seven Maltese liri and forty cents representing the arrears of five (5) years groundrent;

It also deposits the sum of €1250.87 or rather five hundred and thirty seven Maltese liri representing redemption of groundrent, which sum is to be withdrawn by whoever has an interest in it, upon proof of their title to the Registrar of Courts and after leaving the due receipt.

It also deposits the sum of €100.0 that is forty two Maltese liri and ninety six cents representing the laudemium.

​Thus the obligation for the payment of the groundrent above mentioned ended.

Notification: Director Public Registry,

Lands Registrar

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. Madam Justice Joanne Vella Cuschieri LLD Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 October 2023

Notice 2902

2902

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 16th August, 2024, Application number 402/2018/1, by Mario Abdilla, whereby following the application, Jonathan Abdilla holding identity card number 178577(M), was reconfirmed  by means of a decree given on the 8th July, 2024, under all the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

06 December 2024

Notice 2903

2903

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 16th May, 2024, Application number 462/2024, by Joseph Louis Sammut et, whereby following the application Maria Elena sive Marlene Sammut, wife of Joseph Louis Sammut, daughter of the late John Testa and Antonia Testa nee Said, born in Sliema, Malta on the 25th July, 1944,  of 79 years of age, presently is at undercare at Casa San Paolo, Triq it-Turisti, San Pawl il-Baħar and holding identity card number 628244(M), was interdicted from all the acts of the civil life by means of a decree given on the 9th July, 2024.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

06 December 2024

Notice 2904

2904

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 30th March, 2023, Application number 613/2023, by Maria Carmela sive Carmen Camilleri, whereby following the application Pawlu Vella, bachelor, son of Angelo Vella and Giuseppa Vella nee Mifsud, born in Mġarr, Malta on the 12th February, 1949, residing in Mosta of 74 years of age and holding identity card number 210749(M), was interdicted from all the acts of the civil life by means of a decree given on the 15th September, 2023.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

06 December 2024

Notice 2905

2905

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st November, 2023, Application number 1904/2023, by Gerald Borg et, whereby following the application Mary Rose sive Maria Rosaria Borg, unmarried, daughter of the late Peter Paul Borg and Pauline Borg nee Micallef,  born in Mtarfa, Malta on the 27th June, 1965, residing in Mosta of 58 years of age and holding identity card number 335565(M), was interdicted from all the acts of the civil life by means of a decree given on the 20th January, 2024.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

06 December 2024

Notice 2906

2906

By virtue of a decree issued by the Court of Magistrates (Gozo), Inferior Jurisdiction, on the 28th of November, 2024, in the acts of the judicial letter bearing reference number 423/2024 in names Carmel Xerri et versus XT Malta Limited (C97599), filed in the Registry of the said Court on the 10th of July, 2024, the publication of the said letter was ordered for the purpose of notification with respect the respondent company and namely XT Malta Limited (C 97599) of Arden Court, Flat 7, Triq Mons. Mikiel F. Buttigieg, Fontana, Gozo, and this in accordance with article 187(4) of the Code of Organization and Civil Procedure, Chapter 12 of the laws of Malta.

In the Court of Magistrates (Gozo) Inferior Jurisdiction

Letter number 423/2024

To: XT Malta Limited – C97599; Arden Court, Flat 7, Triq Mons. Mikiel F. Buttigieg, Fontana, Gozo.

By this present, Carmel and Carmen spouses Xerri – identity card number 64154G and 7655G (“Mount Carmel", Triq l-Imġarr, Għajnsielem) make reference to the lease agreement signed between you on the 25th of August, 2021, regarding the premises consisting of an unnumbered and unnamed shop in Triq Fortunato Mizzi, Victoria, calling upon you to pay them within one week from the date of this letter the amount of sixteen thousand four hundred and seventy euros (€16,470) owed by you as rent arrears on this same premises together with interest at the rate of eight percent (8%) per annum on this balance with effect from the date on which each deadline became due until the date of effective payment. As shown in the schedule attached hereto as Document B, with effect until 6th July, 2024, this interest has increased to nine hundred and ninety-three euros and fifty-eight cents (€993.58c). Thus, the total amount due from you is seventeen thousand four hundred and sixty-three euros and fifty-eight cents (€17,463.58c), subject to further interest from 7th July, 2024, onwards.

You are requested, in view of your contractual default, to vacate the premises leased to you so that the lease be terminated.

In default, the senders will be forced to proceed judicially against you.

So much for your knowledge and to avoid unnecessary further expenses.

Pay the costs of this letter.

Advocate Carmelo Galea - 83, Triq Sir Luigi Camilleri, Victoria.

Margaret De Battista

Assistant Registrar 

For the Registrar, Gozo Courts and Tribunals

06 July 2024

Notice 2907

2907

It is hereby notified that by means of a decree given on the 26th of March, 2024, given by the Rent Regulation Board (sitting in Gozo), in the acts of application number 31/2022(SG) in names "Dottor Kevin Mompalao nomine versus George Cassar" filed in the Registry at the Courts of Magistrates (Gozo) on the 3rd of November, 2022, the publication of the said application, as reproduced below, was ordered, and this in order to serve as notification with regard the respondent George Cassar of 38, Triq id-Dejqa, Victoria, Gozo, and this is in terms of article 187(3) of Chapter 12 of the Laws of Malta.

IN THE RENT REGULATING BOARD

(FOR THE ISLANDS OF GOZO AND COMINO)

Application number: 31/2022(SG)

Dr Kevin Mompalao (13774G) in his capacity of testamentary executor of Shirley Lorraine Gauci

12, Triq Sir L. Camilleri, Victoria, Gozo.

vs

George Cassar (19747G)

38, Triq id-Dejqa, Victoria, Gozo.

Application of the said Dr. Kevin Mompalao nomine:

Respectfully states:

1. Whereas the applicant nomine is owner of premises number thirty-eight (38), Triq id-Dejqa, Victoria, Gozo.

2. Whereas this property is leased to the respondent and has been leased for a number of years well before the year 1995.

3. Whereas at present the respondent pays rent in the amount of one hundred and eighty-five Euros (€185) annually.

4. Whereas the applicant nomine as well as the actual heirs of Shirley Lorraine Gauci contend that this rent is not a fair one.

5. Whereas article four letter 'A' (4A) of the Ordinance Regulating the Renewal of Building Leases (Cap. 69 of the Laws of Malta), as introduced through Act number twenty four of the year two thousand and twenty one (XXIV/2021) provides for an increase to be made by this Board in an amount that does not exceed two percent (2%) per year of the free and unencumbered value of the property in the open market.

6. Whereas the applicant nomine desires the rent to be revised in this manner.

Wherefore, the applicant humbly requests this Honourable Board to:

1. In the first instance by application of the provision of subsection '6' of Article 4A after briefly hearing what the parties have to say, including any evidence it considers relevant, orders the payment of an increase in the amount of the rent during the pendency of the hearing of the application.

2. Subsequently in its final decision it applies the provisions of sub-article 2 of the said Article 4 A of Chapter 69 and revises the rent of premises number thirty-eight (38), Triq id-Dejqa, Victoria, Gozo up to two percent (2%) per annum of the free and unencumbered value in the open market of the property as on 1st January, 2021, up to the maximum established by law and establishes new conditions in relation to the rent whereas among others, shifts all the obligations regarding extraordinary maintenance in the premises on the tenants.

In case the respondent tenant does not meet the income and capital criteria of the established means test in the Lease Continuation (Means Test Criteria) regulations issued under article 1622 A of the Civil Code, hands down a decision that allows tenants a period of two years in order for the leased premises to be vacated in favour of the applicants.

With all costs against the respondent, and with the right for any other action permitted to the applicant, including against the State.

Advocate Kevin Mompalao

Mompalao Advocates

12, Triq Sir L. Camilleri, Rabat, Gozo

Notification: Housing Authority, 22 Triq Pietro Floriani, Floriana, Malta.

This application is put off for hearing for the 7th of January 2025 at 9.20 a.m. at the Gozo Courts' premises, Cathedral Square, Victoria, Gozo.

Margaret De Battista

Assistant Registrar

For the Registrar, Courts and Tribunals (Gozo)

Notice 2908

2908

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 3rd of December, 2024, (Application number 107/2024) by Christine Sciberras et, the opening of the Succession was requested of Justin Keith Sciberras, formerly husband of Christine Sciberras nee' Attard, son of the late Francis Sciberras and Mary Sciberras nee' Vella, born in Manhattan, New York, United States of America on the 27th July, 1976, and died in Msida, Malta on the 24th September, 2024, (ID 521289M), which opening of succession is to be made in favour of his wife Christine Sciberras (ID 9483G) in the share of half (1/2) undivided share and in favour of his two children Frank Sciberras (ID 19002H) and Amy Sciberras (ID 10500H) in the share of one fourth (1/4) undivided share each, the issue of these bands was ordered to let know everyone who may have an interest therein.

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

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

Voluntary Jurisdiction

Daniel Sacco

Deputy Registrar

For the Registrar, Courts and Tribunals (Gozo)

27 July 1976

Notice 2909

2909

By means of a decree delivered by the Court of Appeal, Superior Jurisdiction, on the 17th October, 2024, in the records of the Application Number 33/2024 in the names Margaret Pace (ID 30044G) vs Joseph Michael Pace (ID 398301L), the following publication was ordered for the purpose of effecting service on Joseph Michael Pace in terms of section 187(3) et sequitur of Cap 12.

By means of Appeal Application No 33/2024 filed on the 1st August, 2024, in the names premised the appellant Joseph Pace felt aggrieved by the judgment of the Honourable First Court delivered on the 12th July, 2024, and the appellant's grievance is clear and manifest and consists in the fact that the Honourable First Court did not give him the opportunity to file a reply and present witnesses since it decided the cause via summary proceedings and it was he who was going to suffer the prejudice and not the applicant.

Therefore, the defendant appellant respectfully requests that this Honourable Court revokes the appealed judgment delivered on the 12th July, 2024, and decide that 1. the cause should not have been decided via summary proceedings; 2. Refer the cause back to the Court of First Instance so that a reply will be filed with pleas on the merits, and the cause shall continue according to law.

Notification: MARGARET PACE – 14, TRIQ IL-ĠDIDA, ĦAL QORMI

Dr Franco Bondin LLD, M.Jur.

For the Registrar, Civil Courts and Tribunals

04 December 2024

Notice 2910

2910

By means of a decree delivered  by the Court of Appeal, Superior Jurisdiction, on the 15th October, 2024, in the records of Application Number 734/22 in the names Atlas Insurance PCC Limited (C-5601) as subrogated in the rights of its insured Burmarrad Commercials Limited vs Jessica Attard Formosa (ID 0566084M) and Saimir Pllumbi (ID 0173163A), the following publication was ordered for the purpose of effecting service on Jessica Attard Formosa and Saimir Pllumbi in terms of section 187(3) et sequitur of Cap. 12.

In virtue of Appeal Application No. 734/22 filed on the 26th July, 2024, the applicant company Atlas Insurance PCC Limited as subrogated in the rights of its insured Burmarrad Commercials Limited felt aggrieved by the judgement of the First Hall Civil Court, decided on the 27th June, 2024, the ground of appeal of the appellant company being limitedly related to the date from when legal interest is to run on the amount that the respondents were condemned to pay. This because, for some reason and without any justification, the Honourable First Court ordered that the running of legal interest should commence from the date of the judgment here appealed, or rather from 27.06.2024 and not from the date of the judicial letter of 18.05.2022 by means of which the respondents were called upon to pay the amount eventually ordered to be paid by the same Court.

Therefore, the appellant company requests this Honourable Court whilst confirming the part of the judgment whereby the Court of First Instance found the respondents Jessica Attard Formosa and Saimir Pllumbi solely responsible for the car accident which occurred on 06.03.2021 and where it ordered the payment of damages in the total amount of Eur 71,442.40, it proceeds to uphold this appeal and consequently reforms the judgment hereby appealed dated 27.06.2024 delivered by the First Hall Civil Court in the names above premised, whereby, instead of the order that legal interest is to run from the date of the appealed judgment, this Honourable Court orders that the said legal interest shall run from the date of the judicial letter of 18.05.2022, with the costs of both instances to be borne exclusively by the respondents.

Notification: (1)  Jessica Attard Formosa “Sealine", Block B, Flat 5, Triq San Luqa, San Pawl il-Baħar.

(2) Saimir Pllumbi, "Sealine'' , Block B, Flat 5, Triq San Luqa, San Pawl il-Baħar.

Dr. Franco Bondin LLD, M.Jur,

For the Registrar, Civil Courts and Tribunals

04 December 2024

Notice 2911

2911

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 28th October, 2024, in the records of Application Number 1119/22 in the names Francis Fenech (ID 812254M) vs Emanuel sive Leli Fenech (ID 383357M) and Mary Carmen Fenech (ID 428854M), the following publication was ordered for the purpose of effecting service on Francis Fenech in terms of section 187 (3) et sequitur of Cap 12.

In virtue of Appeal Application No. 1119/22 filed on the 29th July, 2024, against a partial judgment in the names premised, Emanuel sive Leli Fenech holder of identity card no 383357(M) and Mary Carmela holder of identity card no 428354(M) spouses Fenech residing at 'St Anthony Farm', Triq il-Ħlas, Ħal-Qormi, Malta felt aggrieved by the partial judgment dated 8th July, 2024, as regards the appellants' contumacy.

Therefore, the appellants are respectfully asking this Honourable Court to decide and declare that service was not effected in conformity with section 187 et sequitur of Cap. 12 of the Laws of Malta and/or that it is null and thus the applicants were not validly and duly notified with the original application; or

 2. In default and without prejudice to the request above mentioned, decide and declare that the applicants have a valid reason which deserves justification and thereby the elimination of their contumacy; and in any case and without prejudice, allow the exponents to present their sworn reply within the time fixed by this Honourable Court, saving any opportune provisions this Court deems fit to give.

Notifika: Francis Fenech, Sara Jane, Triq Nutar Zarb, Attard, Malta

Dr. Franco Bondin LLD, M.Jur.,

For the Registrar, Civil Courts and Tribunals

04 December 2024

Notice 2912

2912

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 19th November, 2024, in the records of Application Number 43/2019 in the names Karen Camilleri vs Emanuel Grech, the following publication was ordered for the purpose of effecting service on Emanuel Grech in terms of section 187 (3) et sequitur of Cap 12.

In virtue of Appeal Application No 43/2019 filed on the 5th June 2024 in the names premised, the appellant Karen Camilleri (ID 234079M) felt aggrieved by the judgment of the Court of First Instance decided on the 9th May, 2024, in so far as the Court gave a wrong interpretation of the law and the facts. Furthermore, the Court appointed referee, after hearing the evidence, was clear and found that there was scope for a refund of Eur 3,036.30 together with Eur 10,000 costs.

Therefore, the appellant respectfully requests that this Honourable Court upholds the appeal filed and revokes and cancels the judgment of the Court of First Instance delivered on the 9th May, 2024, in the names premised by upholding the plaintiffs' demands and dismissing the defendant's pleas with costs of both instances against the respondent.

Notification: Emanuel Grech, Block A2, Flat 5, Wesgħet il-Plajja, Attard.

Dr. Franco Bondin LLD, M.Jur.,

For the Registrar, Civil Courts and Tribunals

04 December 2024

Notice 2913

2913

By means of a decree delivered by the Court of Appeal, Superior Jurisdiction, on the 25th November, 2024, in the records of Application Number 597/2022 in the names Alfur Limited (C 14381) and Godwin Friggieri (ID 180062M) for any interest he may have vs The Commissioner for Revenue, the following publication was ordered for the purpose of effecting service on the company Alfur Limited in terms of section 187 (3) et sequitur of Cap 12.

In virtue of Appeal Application No. 597/2022 filed on the 28th June, 2024, the Commissioner for Revenue felt aggrieved by the judgment of the First Hall Civil Court in the cause in the names premised, which was delivered on the 30th May, 2024, and this on the basis of two grounds, namely 1) the erroneous manner how the Court of First Instance dismissed his first preliminary plea and 2) the Court of First Instance was mistaken when it dismissed the second preliminary plea by the said Commissioner as that Court misinterpreted the Income Tax Management Act (Chapter 372 of the Laws of Malta).

Therefore, the appellant respectfully requests that this Honourable Court of Appeal varies and reforms the judgment of the First Hall Civil Court in the cause in the names premised dated 30th May, 2024, by upholding the grounds of appeal raised by the Commissioner of Revenue and Customs, in such a way that it revokes the judgment except the part in the third point where the first demand by the plaintiffs was dismissed as far as it relates to the year 2013, and this with costs of both instances against the respondent plaintiff company.

Notification: Alfur Limited, 494, Hal Luqa Industrial Zone, Luqa LQA 3000

​Dr. Franco Bondin Lld, M.Jur.,

For the Registrar, Civil Courts and Tribunals​

05 December 2024