Mur Lura
Court Notices published in Govt. Gazette No. 19,163 of the 8th November 2013
01/01/2013
Notice 1744
1744By a decree of the Court of Magistrates (Malta) of 24th September 2013, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organization and Civil Procedure (Cap 12).
Banns for Curators
REPUBLIC OF MALTA
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on the 24th September 2013 on the application ofVince Vella and his wife Mary Rose Vella it was ordered that Deputy Curators be chosen to represent unknown owners in the Schedule of Deposit number 1910/2013 and in all other relative or subsequent acts whereby the applicants demanded:
That the interpellants hold by title of lease or agricultural lease a divided portion of land or field which is in the territory called ‘L-Irdum tal-Mdawwar’ in the vicinity of Gnejna Bay, in the limits of Imġarr, Malta measuring about 8650m² and bordering on the North West with cultivated land by Victor Sammut and Karmenu Sammut, from the South West bordering with the cliffs edge called ‘Wigel Kamla’, from the South East with a passage on which the said land enjoys a right of passage on foot which passage on foot passes on the land granted on lease to family Said, (and abutts on the said land) and this passage on foot is excessible from a street which abutts on the land known as ‘il-Qalla’ on which it has the right of passage by vehicle and this towards the rent of €1.17 yearly payable on the 15th August of each year.
On the 15th August 2013 an installment of rent was due to the respondent that is of the installment from the 16th August 2013 till the 15th August 2014;
The interpellants wish also to deposit the rent due for the time between the 16th August 2008 and the 15th August 2013, together amount to €5.85.
That thus in all the amount of €7.02 is due;
Thus the interpellant do not know who are the owners of the land in question to whom the rent is due and so they are making the present deposit to save guard their rights and exempt themselves from any responsibility.
Thus, the interpellant to save guard all their interest and to exempt themselves from any responsibility are calling upon this Honorable Court and under her authority they are depositing the sum of €0.02 together with costs and the rights of €7.02 which represent the rent due on the agricultural land above mentioned for the period between the 16th August 2013 and the 15th August 2014 together with the arrears of increase ofthe rent between 16th August 2008 and 15th August 2013 and so the deposited sum will be freely withdrawn by the person having the right to it after leaving the due receipt according to law.
Applicant: 62, Vinrose, Triq it-Tuffieħ, Naxxar.
You are ordered to inform everyone that should no one come forward within the time stipulated the Court will proceed in order to chose whosoever wishes to act as curator to appear before this registry within four days, and by means of a note submit a declaration that he wishes so to act.
You are also ordered to inform every one that if he fails to make this declaration within the stipulated time, this court will proceed to the selection of curators of office.
After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.
Handed down by the afore-mentionedCourt of Magistrates(Malta)with the witness of Dr Giovanni GrixtiLL.D, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1745
1745By decree given by the Civil Court, First Hall on the 24th October 2013, on the application of BANK OF VALLETTA PLC (C2833), Tuesday, 17th December, 2013 at eleven in the morning (11:00 a.m.), has been fixed for the sale by auction, to be held on the first floor of these Law Courts, Republic Street, Valletta of the following property:
The tenement, with its own airspace, number twenty-eight (28) in Triq Mariano Gerada, Bormla. The said tenement is subject to an annual and perpetual groundrent of forty nine euro cents (€0.49), from the rest it is free and unencumbered, valued at fifty eight thousand euro (€58,000).
The said tenement is the property of GRIOLI RINA ID: 574182(M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 67/2012.
BRUNO ZAHRA
For the Registrar of Civil Courts and Tribunals
Notice 1746
1746By a decree of the 14th October, 2013 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc on the 16th April, 2013 the approval of the said judicial acts is being demanded for the amount of €63,000 following Judicial Sale by Auction 20/12 in the names Bank of Valletta plc vs Joseph Attard, held under the Authority of the said Court on the 9th April, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1747
1747By a decree of the 1st October, 2013 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Tourist Services Limited on the 5th September, 2013 the approval of the said judicial acts is being demanded for the amount of €1,700 following judicial sale by auction 6/13, in the names Tourist Services Limited vs Arali Enterprises Limited et, held under the Authority of the said Court on the 4th September, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1748Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 23rd March 2012, following a request of Victoria Farrugia et, it was ordered that deputy curators be chosen to represent the superior owner in the records of the Schedule of Deposit and contextual redemption of groundrent in the names Victoria Farrugia et vs Deputy Curators.
By means of a Schedule of Deposit and Redemption ofGroundent, deposited in the First Hall, in the names Victoria Farrugia, widow of Saviour Farrugia, daughter of the late Anthony Bonnici and Mary née Attard, born and residing in Birżebbuġa, (ID 740945(M), and her children Mark Farrugia, security officer, born in Pietà and residing in Birżebbuġa (ID 424868M),Adrian Farrugia, clerk, born in Pietà and residing in Gżira, (ID 178871(M), Gregory Farrugia, Draftsman, born in Pietàand residing in Birżebbuġa (ID 166574(M), and Jonas Farrugia, marketing officer, born in Pietà and residing inBirżebbuġa (ID 174085(M), all children of the late Saviour Farrugia and Victoria Farrugia née Bonnici vs Deputy Curators to represent the unknown owners, on the 20th March 2012, the applicant Victoria Farrugia et, respectfully pleaded;
That the interpellant possesses the premises or rather tenement number fifteen (15) in Triq il-Knisja, Birżebbuġa, as subject to the annual and perpetual groundrent of (Euro 0.12) and which property is the ordinary residence of the interpellant Victoria Farrugia and Jonas Farrugia, for all intents and purposes of law.
That today the interpellants wish to avail themselves of the faculty given to them by Article number 1501 of the Civil Code and redeem the said groundrent of (Euro 0.12) capitalised at the rate of five per cent (5%) by depositing the sum of (Euro 2.33) in order to be freely withdrawn by the respondents and this after they leave the due receipt according to law.
Interpellants: 15, Triq il-Knisja, Birżebbuġa.
Notify: 1. Respondents, Courts of Justice, Valletta.
2. Director Public Registry, Valletta (two copies).
You are therefore ordered to affix an official copy of this bann 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 this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned,with the witness of the Hon. Mr. Justice Joseph Zammit Mckeon,Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1749
1749By a decree of the 5th November, 2013 given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta Malta plc on the 4th November, 2013 the approval of the said judicial acts is being demanded for the amount of €51,000.00 following judicial sale by auction 27/12 in the names Bank of Valletta Malta plc vs Joseph Grech et, held under the Authority of the said Court on the 29th October, 2013.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale and alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer, file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For The Registrar, Civil Courts and Tribunals
Notice 1750
1750By means of a decree given by the First Hall Civil Court, on the 14th March 2013, in the records of the Sworn Application, inthenamesClentecHoldingsLimited(C 48090) vs Jesmond Tonna (ID 354974M) application number 144/13 JPG, the following publication was ordered for the purpose of service of the defendant Jesmond Tonna, in terms of Article 187(3) et. of Chapter 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names ClentecHoldings Limited (C 48090) vs Jesmond Tonna (ID 354974M) on the 12th February2013,theapplicantClentecHoldings Limited (C 48090) asked this Honourable Court;
1. To pass on to decide the cause without proceeding to a hearing in terms of Article 167 et. seq of Chapter 12, declare that the respondent is a debtor of the interpellant company in the sum of fifty seven thousand three hundred and twenty three euro and sixty one cents (€57,323.61) representing balance of arrears of rent on the premises number 21,22 and 47 Triq Balbi, Marsa and the balance of price for renewal of trade licenses and relative premiums of the insurance policy on the premises in question.
With costs and interest till the date of effective payment.
The respondent is summoned so that a reference to his evidence be made.
Applicant company: Clentec Building, New Street in Triq il-Qaddiefa, Marsa.
Notify the respondent; Qawra Tower, Fl. 16, Triq il-Qawra, San Pawl il-Baħar.
The Sworn Application in the names Clentec Holdings Limited vs Jesmond Tonna, Application number 144/13 JPG, has been put off for hearing to the 20th November 2013, at 9.30 a.m.
Adv. Frank Portelli, LLD.
For the Registrar, Civil Courts and Tribunals
Notice 1751
1751By means of a decree given by the First Hall Civil Court, on the 9th October 2013, in the records of the Sworn Application,inthenamesAlbert F.S. Manduca Limited (C 247) vs Claude Paris, application number 421/13 FS, the following publication was ordered for the purpose of service of the defendant, in terms of Article 187(3) et. of Chapter 12.
By means of a Sworn Application filed in the First Hall CivilCourt,inthenames Albert F.S. Manduca Limited (C 247) vs Claude Paris (C 386578M) on the 3rd May 2013, the applicant Albert F. S. Manduca Limited asked this Honourable Court;
1.to decide this cause without proceeding to a hearing in terms of Article 167 of Chapter 12 of the Laws of Malta,
2. condemn the defendant to pay the plaintiff company the sum of fifteen thousand two hundred and ninety eight Euro and eighty six euro cents ( €15,298.86) due as stated in the application.
With costs and commercial interests as demanded in the application against the defendant summoned so that a reference to his evidence be made.
Applicant: Albert F.S. Manduca Limited, 229/230, St. Paul’s Street, Valletta,
Claude Paris, 16, ‘San Michele’ Triq Despote,San Gwann.
Pepe Nero, Vault XV111, Waterfront, Pinto Wharf, Valletta.
The Sworn Application in the names Albert F.S. Manduca Limited (C 247) vsClaude Paris, application number 421/13 FS, has been put off for hearing to the 13th November 2013, at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1752
1752It is being notified that by a decree dated 30th October, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LL.D), after an application of Ramon Fenech dated 22nd October 2013, Compilation number 720/2010 in the case:
The Police
(Inspector Pierre Grech)
Versus:
Ramon Fenech, 30 years, manager, son of Raymond and Frances née Brincat, born in Pietà, on the 14th of September, 1983 and residing at 5, ‘Arienne’, Il-Madonna tal-Ġebla Street, Gżira andholder of identity card number 489683M;
Acceded to the request of Ramon Fenech in the sense that the Court ordered that the decree ordering the freezing order against Ramon Fenech dated 21st July, 2010 be corrected and the words “of the date” should be cancelled and substituted with the words “till the date”. Thus, the order now reads: “The Court after having heard the parties with relation to the demand for freezing, after having regard to the date of the alleged offence, and after having regard to the fact that more than five years have passed, the Court orders the freezing of assets in terms of Article 22A of Chapter 101 and 23A of Chapter 9 till the date of the 7th of December 2005, in the sense that it is prohibited that any monies, movable or immovable property pertaining, due or in any way connected to the accused be transferred or disposed of by someone”.
The publication of this order is being published in terms of Article 22A(1) of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and Article 23A of the Criminal Code Chapter 9 of the Laws of Malta, following another publication made on the 27th August, 2013 after a decree dated 21st July, 2010 of the Court of Magistrates (Malta) as a Court of Criminal Inquiry where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Ramon Fenech.
Dr John Seychell Navarro LL.D.
Assistant Registrar
Criminal Courts and Criminal Tribunals
Notice 1753
1753By decree given by the Civil Court, First Hall on 5th November, 2013 on the application of Frank Cachia, Wednesday, 4th December, 2013 at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held at number 84, Triq l-Akwedott, Birkirkara of the following items seized from the property of Joseph Sciberras Balbi:
Vehicle of the make Hyundai Accent, maroon in colour, with registration number JUV-769.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 1754
1754By a decree of the Small Claims Tribunal of 28th July, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).
Go p.l.c. (C22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 20th June, 2013 whereby they asked the Tribunal to condemn Elaine Muscat (ID 204981M) of Sunset, Flat 1B, Triq il-Port Ruman, San Pawl il-Baħar,to pay the plaintiff company the sum of €1069.92, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 380/13VG2) is put off on the 20th November, 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1755
1755It is being notified that by a decree dated 27th September, 2013 by the Court of Criminal Appeal (Judge Antonio Mizzi) after an application filed by Francois (Francis) Zammit on the 24th September, 2013 after the judgment given on the 26th March, 2008 by the Court of Magistrates (Malta), as a Court of Criminal Jurisdiction (Magistrate Dr Edwina Grima, LL.D.) Case No 634/2007, which judgment was confirmed by the Court of Criminal Appeal (Hon. Mr Justice Joseph Galea Debono, B.A., LL.D.) by a judgment of the 17th September, 2008 (Appeal No. 88/08) in the case: The Police (Inspector Simon Galea) (Inspector Kenneth Haber) vs Francois (Francis) Zammit, 43 years, son of late Emanuel and Maria Dolores née Camilleri, born in Attard on the 11th July 1970,and residing at number 74, Perla, St. Edward Street, Qormi, holder of identity card number 366370(M), revoked the general perpetual interdiction order given by the Court in its judgement of the 26th March 2008, against the said Francois (Francis) Zammitand this according to section 10(6) of Cap. 9 of the Laws of Malta.
This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.The original order was published in the Government Gazette of the 19th September 2008.
Dr John Seychell Navarro
Dip. Hlth Science, Dip Mgmt Stud., Dip. Not. Pub., LL.B., LL.D.
Assistant Registrar
Criminal Courts and Tribunals (Malta)
Notice 1756
1756It is being notified that by a decree given by the Court of Magistrates (Malta), as a Court of Criminal Judicature (Magistrate Dr Miriam Hayman LL.D.), on the 5th of November, 2013 by which the Court acceded to the request made by Charlie Gauci in the applications dated 12th July, 2013 and 29th October, 2013 Compilation Number 622/2010 in the names,The Police (Inspector Pierre Grech) vs Charlie Gauci, 33 years, driver, son of Carmelo and Emanuela née Sciberras, born in Pietà on the 19th May, 1980 and residing at 186, Flat 9, Republic Street, Valletta, and holder of identity card number 262280(M), authorised the payment of the home loan to be satisfied from the monies already deposited with Bank of Valletta plc in the account bearing number 40010577169.
Such decree varies a previous decree delivered by the same Court and dated 6th August, 2013 whereby the Court had indicated that the home loan will be satisfied from the monies invested with Valletta Fund Management.
The publication of this order is being published in terms of the second proviso of Section 22A (1) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, following another publication made on the 19th of November, 2010 after a decree given by the same Court on the 12th of November, 2010, following another publication made on the 12th of October, 2010 after a decree given by the same Court on the 30th of September, 2010 and following another publication made on the 25th of June, 2010 after a decree given by the same Court on the 21st of June, 2010 where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Charlie Gauci.
Dr Yvette Borg LL.D.
f/Registrar
Criminal Courts and Criminal Tribunals (Malta)
Notice 1757
1757By a decree of the 15th May, 2013 given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Direttur Generali tat-Taxxa fuq il-Valur Miżjud ġa Kummissarju tat-Taxxa fuq il-Valur Miżjud of the 7th March, 2013 is asking for the withdrawal of the amount of €1,300.99 deposited by the Schedule of Deposit number 286/2013, in the names of Kummissarju tat-Taxxa fuq il-Valur MiżjudvsEmanuel Borg.
The Court ordered the notification of this application within six (6) days for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Warrant of Prohibitory Injunction
1758By means of a decree given by the First Hall Civil Court, of the 31st October, 2013 in the records of the Warrant of Prohibitory Injunction number 1564/13 JZM, in the names Mula Margaret vs Bugeja Anthony, the following publication was ordered for the purpose of service of the respondent in terms of Article 187(3) et. of Cap. 12.
By means of an Application, filed in the First Hall Civil Court in the names (Applicant) Margaret Mula ID 479571M against Anthony Bugeja ID 4161M, on the 10th October, 2013 the applicant Margaret Mula, ID 479571M, respectfully pleaded:
That the applicant in order to secure her rights wishes that the Court orders the issuing of a Warrant of Prohibitory Injunction against the respondent so that the respondent be witheld from selling, assigning or transferring and/or disposing by any title both gratuitous or onerous a divided portion of land in Għarghur of the global superficial area of circa one hundred and three point five square metres (103.5m2), and bordering on the East with the said street, on the South with plot number two (2), property of Mary Muscat and her successors in title, on the North with property of Joseph Mifsud, and on the West with property of Angelo Bonnici or his successors in titleor more correct and precise boundaries, which land was transferred by the applicant in favour of the respondent by means of a contract of sale in the records of Notary Dr Reuben Debono, on the 25th August 2011.
That the applicant is making this request because the contract mentioned lacks all juridical efficacy and this for the reason that the same contract is entirely fictious and in reality the contracting parties never wanted to contract any obligation.
That from the premised thereresults the prima facie right and irremediable prejudice that the applicant shall suffer if this Honourable Court does not issue the same warrant.
Thus the applicant humbly praysthat this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction in question against the respondent.
Confirmed before me under oath after I read its contents and in the presence of as witness of identity and filed by PL L. Tufigno, with one doc.
Republic of Malta
To the Court Marshall
Whereas the above application was filed and there recurred the necessary elements according to law for the undermentioned orders.
Given by the Civil Court First Hall with the witness of the Hon. Mr Justice Joseph Zammit Mckeon LL.D., Doctor of Laws.
Applicant: c/o 203/1, Vincenti Buildings, Old Bakery Street, Valletta.
Respondent: 1, Scalgo Flats, Triq il-Ġifen, Buġibba.
Execution: 1. Public Registry, Valletta
2. Land Registrar,Valletta
The Application Warrant of Prohibitory Injunction in the names Mula Margaret vs Bugeja Anthony, application number 1564/13 JZM, has been put off for hearing to Thursday 14th November 2013, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1759
1759By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd October 2013, Application number 952/2013, by Jane Pirotta and Nadia Bugeja whereby they prayed that it be declared open in her their favour in equal shares between them the Succession ofJoseph Pirotta, son of the late Pascal and Teresa née Briffa born in Naxxar, resided in Mosta and died in tal-Qroqq limits of Imsida on the 15th July, 2013 aged 57 holding identity card number 317456(M), who died intestate.
Thus whoever considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq of the Code of Organization and Civil Procedure (Cap. 12).
Alexandra Debattista
For the Registrar Civil Court and Tribunals