Mur Lura
Court Notices published in Govt. Gazette No. 19,104 of the 2 July 2013
01/01/2013
Notice 1086
1086by a decree of the 24th june, 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 187(3) and 338(1) of the code of organization and civil procedure (chapter 12)
That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc, on the 3rd June, 2013, the approval of the said judicial acts is being demanded for the amount of €57,000.00 following the judicial sale by auction 21/12 in the names Bank of Valletta p.l.c. vs Doctor Patrick Valentino LL.D. and the Legal Procurator Davina Sullivan, who by a decree of the 25th August, 2010, were nominated as deputy curators to represent the vacant inheritance of the late Henry Coleiro, held under the Authority of the said Court on the 28th May, 2013.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Diane Mifsud
For The Registrar, Civil Courts and Tribunals
Notice 1087
1087It is hereby notified that by a decree dated the 25th June, 2013, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of Article 187(3) of the Code of Organization and Civil Procedure, and this with regard to Anthony Cassar (I.D. 36061G), to Angerton Enterprises Ltd. (C 18187) and to Town House Ltd. (C 10753).
By decree given by the COURT OF MAGISTRATES (GOZO) SUPERIOR JURISDICTION, GENERAL SECTION, on the 25th June, 2013, on the application of Bella Claudia Nicoletta Cassar in the records of judicial sale by auction number 39/2012 in the names of Bella Claudia Nicoletta Cassar vs Anthony Cassar et (after warrant of seizure number 247/2012) Monday 22nd July, 2013, at 10.00 a.m. and until the highest bid is adjudicated, has been fixed for the SALE BY AUCTION to be held on the following items:
Several pieces of furniture, appliances, lace work, clothes, machinery and other items, as extensively detailed in the report drawn up by the Court executive officers, which copy may be obtained from the Registrar of the Gozo Courts.
This auction will be held on site at the following premises:
1. 6 and 7, Ghajn Tuta Street, Fontana, Gozo;
2. 162, Fontana Street, Fontana, Gozo;
3. 171/172, Fontana Street, Fontana, Gozo;
4. Il-fond bl-isem ‘Fontana Cottage Industry’, Fontana Street, Fontana, Gozo, known asil-biċċerija;
5. Wine shop adjacent to l-Għajn tal-Ħasselin situated on the left hand side on the way to Xlendi, and shown by the sign ‘Free Tasting’, Fontana Street, Fontana, Gozo;
6. A garage located in the passageway known as Daħlet ir-Razzett, Fontana Street, Fontana, Gozo, which passageway is bounded by ‘Fontana Cottage Industry’, better known as il-biċċerija;
7. Il-Mina Restaurant, Triq Papa Ġwanni Pawlu II, limits of Għasri, Gozo.
The said items are the property of Anthony Cassar (I.D. 36061G), Angerton Enterprises Ltd. (C 18187) and Town House Ltd. (C 10753).
Anthony Mizzi
For the Registrar, Gozo Courts and Tribunals
Notice 1088
1088By means of a decree given, on the 17th June, 2013, by the Civil Court (Family Section) in the records of the General Application, in the names Anna Tabone pro et noe vs Luciano Tabone, General Application number 255/13 AL, the following publication was ordered for the purpose of service of the respondent Luciano Tabone, in terms of Article 187(3) of Cap.12.
By means of a General Application, filed, in the Civil Court (Family Section) in the names Anna wife of Luciano Tabone (I.D. 681858M) in her own name and as Curator ad litem ofher minor children Maria Elena and Andre vs Luciano Tabone, the applicant Anna Tabone (I.D. 681858M) respectfully pleaded;
That the applicant refers to the judgement of the Civil Court (Family Section) in the names Anna wife of Luciano Tabone in his own name and as curator ad litem of her minor children Maria Elena and Andre vs Luciano Tabone, which judgement was decided on the 30th October, 2008, copy attached.
That the applicant as demanded in the judgement has the care and custody of her two minor children as results from the attached judgement.
That the applicant informsthe Court, that Luciano Tabone, from the year 2008, till this day, never exercised not even once his right of access in order to see his children, and now Anna Tabone, wishsthat her son Andre go abroad to Eurodisney, France, from the 4th July, 2013, till the 8th July, 2013, together with her sister.
That the applicant noticed, after the attached deposit, was paid that the passport of the boy Andre had lapsed.
That the applicant wishes that the boy has a new passport, however when they askedthe son’s father Luciano Tabone, to sign the passport, he did not accept.
That the applicant truly wishes that this boygo for the trip with his aunt between the 4th July, 2013, till the 8th July, 2013, and thus respectfully asks this Honourable Court, to authorise and concede that there be issued a new Maltese Passport to Andre Tabone, who was born on the 10th June,, 2002, and this under those provisions this Court, deems fit in the circumstances.
That an extension of the validity of the passport is being demanded for some more time after the 8th July, 2013, so that if there be any delay, the validity of the passport shall cover the voyage of the same minor Andre Tabone.
Notify: Anna Tabone, Blockk G 3, Flat 1, Triq l-Istiratur, Mosta.
Liliana Mifsud-Sunrise, 57, Triq il-Ballut, Mosta.
Luciano Tabone-‘ IL-Muftieh’ Triq Monsinjur Mikiel Azzopardi, Mosta.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1089
1089IT IS BEING NOTIFIED that by a decree dated 24th June, 2013 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dott. Clare Stafrace Zammit LLD)(Compilation number 207/2012) in the case:
The Police
(Inspector Angelo Gafà)
(Inspector Fabian Fleri)
Versus:
GORDON ZAMMIT, 35 years, architect, son Carmel and Valerie neé Meli, born in Attard on the 9th ofJuly, 1976 and residing at 134A, Flat 3, Triq it-Torri, Sliema andholder of Identity card number 350876(M).
CLARIFIED that the authorization to Gordon Zammit to withdraw the sum of thirteen thousand, nine hundred and seventy six Euro and twenty-four cents (€13,976.24) is for every year in terms of Article 5 (1) of Chapter 373 of the Laws of Malta.
The publication of this order is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication regarding this authorization made on the 22nd June 2012 after a decree of the same Court dated 18th June 2012 and another publication made on the 28th February, 2012 after a decree of the same Court on the 22nd February, 2012 whereas in the latter the Court ordered the attachment in the hands of third parties in a general manner, all monies and other moveable and immoveable property which may be due to or belonging to Gordon Zammit.
Dr John Seychell Navarro
Dip. Hlth Science, Dip Mgmt Stud., Dip. Not. Pub., LL.B., LL,D
Assistant Registrar
Criminal Courts and Criminal Tribunals
Notice 1090
1090It is hereby notified that by a decree of the Small Claims Tribunal of13th May 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).
Cutajar Limited (C-4975) of Triq l-Awkadott, B’Kara filed a Claim on the 10th January 2013 whereby they asked the Tribunal to condemn Danny Calleja of 14C, Seabreeze Terraces, Triq Raddett ir-Roti, Xemxija, to pay the plaintiff company the sum of€699.57 which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 4/13GB) is put off on the 5th July 2013 at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1091
1091By means of a decree given, on the 5th June 2013, by the Court of Appeal, in the records of the Application of Appeal, in the names Trevor Buttigieg, vs Martin John Easby et, application number 433/11 VG, the following publication was ordered for the purpose of service of the respondents Martin John Easby and Abby Elizabeth Easby, in terms of Article 187(3) of Cap. 12.
By means of an Appeal Application, filed, in the Court of Appeal, (Inferior Jurisdiction) Application Number 433/11 VG, in the names Trevor Buttigieg (I.D. 535558M) vs Martin John Easby (I.D. 0048076A) and Abby Elizabeth Easby (Id Number 0052363A) on the 24 th January 2013, the applicant Trevor Buttigieg, respectfully pleaded:
That by means of an application brought forward by the applicant, on the 24th May 2011, before the Small Claims Tribunal, the applicant had asked for payment from the defendants:
Expenses for consumption of electricty and water and damages caused by the respondents when they had taken on lease from the applicant the premises Flat 22, Aragon Court, Triq il-Qaliet, Marsaskala.
The amount of consumption of water and electricty due is of €1,747.82..omissis... the amount of €252.18, is theamount of damages cause so that the amount due is of € 2,000.
With costs, the defendantsare summoned so that a reference to their evidence be made.
That the respondents replied to this claim in the following manner.
That the plaintiff’sdemands are completely unfounded in fact and at law and should thus be rejected.
That the amount claimed by the plaintiff in connection with electricty and water billsand nor that in connection with damages in the premises Flat 22, Aragon Court, Triq il-Qaliet, Marsascala, is not due by the defendants to the plaintiff.
That thisaction is compeletly frivoulous and vexatious and thus the defendantsare to bear no interests and costs.
With costs, against the plaintiff.
That in virtue of a judgement given by the Small ClaimsTribunal, on the 7th January 2013,it was decided that the Tribunal did not have jurisdiction to hear and decide this cause as, in the words of the same Tribunal, the Tribunaldeclared that the present cause does not fall within its jurisdiction and consequently declares that it was not competent rationae materiae.
That the grievance is clear and manifest and consists in the fact that the Honourable Tribunal, made a wrong enunciation of the Law, when it interpreted in the most restrictive manner the provisions of Act X of the year 2009, when it interpreted the sub Article which reads;
4) Despite ofthe provisions of any other law, the Board is also to decide all the matters which affect the leases of urban tenements as well as residential premises as well as commercial premises and this in terms of Title IX of Section 11 of the Second Book of the Civil Code’ On Lease Agreements’ including those for the occupation of urban tenements where the leases have ended after the termination of the lease’.
The Board continues to state that in view of this terminology that ‘ every obligation...omissis........... results from a lease agreement falls with the competence of the Rent Regulation Board’.
It is being submittedthat the Tribunalshould have never reasonably reached this strict interpretation of the terminolgywhich is found in this subarticleas it could have never been that the legislator contemplatedtopractically stultifyall the causes which somehow or other could have even ‘far-fetched’ related to a lease and thus imposethat every cause under the sunwhich even remotelyresultedfrom a clause of a contract of lease and submits thus that every demand with such connection, be decided only by the Rent Regulation Board.
.............omissis..........
Furthermoreeven the cause mentioned by the Adjudicator and on the basis of which the Tribunal confirmedits decisionconsists only ‘in the payment of rent and in the present cause there is no demand for rent,but only a demand for the payment of damages to movables’.
There is also a demand for consumption of electritywhich was not paid but even here this consumptioncan never be remotely be considered as rent.
.............omissis...........
In the case in examination the premises and demands were in no way based on the lease which after allhad already been terminated not only when the cause was made but even when the plaintiff noticed that in the movables in the premises leased to the defendant damages had been causedthat by means of the demand to the Court, reimbursement of the same had been made.
..........omissis...........
Due to this it should have resulted to this Honourable Tribunal, that this is not a cause, of a dispute between the plaintiff, the landlord or the defendant lessee, but the relationship between the plaintiff creditor and the defendant debtor, particulary because the lease, had been terminated.
..................omissis.....
The appellant upholdsthat it can never be considered that the legislatorcould ever have imposed on the Rent Regulation Board, the one hundred per cent exclusivityof every disputewhich can remotelyresult from a lease agreement and thusit cannotbe that the Tribunal correctly enunciated this legal interpretation. Furthermore the Tribunal had cited in the substantive part of the judgement of the 7th January 2003, clearly statesthat 4) the Board is alsoto decide all the matters... relating to the contract of lease, including those of the occupation of urban tenements where the leaseshave ended after the termination of the lease’.
The Tribunal had mentioned this Article to uphold its restrictive interpretation regardingthe lack of jurisdiction/competence and at the same time Article it mentionedand on the basis of which it decided on this default states clearly and without any doubt, that the Rent Regulation Board, has exclusive jurisdiction when it relates to causes ‘ regarding the occuption of urban premises, where the leases have finished after the termination of the lease. The demand of the plaintiffwas absolutely not related with the ‘ occupation of the premises leased after the termination of the lease and this for the simple reasonthat the premises of the cause are based only on damages which were caused during the leaseand consumption of water and electricity during the lease and neverduring their occupation ‘ ofthe premises after the termination of the lease. The plaintiffdiscovered the damages in question and the default on the part of the defendant to pay for the consumption of water and electrictyduring the period of the lease when the lease had already finished.
Thus and whilst the appellant refers to all the proof brought forward and whilst holding firm the right to bring forward any other proof which respect this Honourable Court may demand, in view of the premised, revoke the judgement appealed by means of which this Tribunal abstained demoto propriofrom taking cognizance of the plaintiff’s demands, when it decided that the same Tribunal did not have the competence rationae materiae, regarding the plaintiff’s demands and consequentlyfree the respondents, from the observance of the judgement and for the other reasons mentioned in this Appeal Application.
With costs, against the defendants.
Appellant: T4, B1, Caravaggio Court,
Tigne Point,
Sliema.
Respondents: High Ridge Residence,
Pedidalwett Street,
Madliena.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Court and Tribunals
Notice 1092
1092By means of a decree given, on the 19th June 2013, by the Civil Court (Family Section) in the records of the Sworn Application, in the names Mokaddum Kawtar vs Mamo Jean Pierre, application number 298/12 AL, the following publication was ordered for the purpose of service of the respondent, in terms of Article187(3) of Cap. 12.
By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Kawtar Mokaddum I.D. 29011(A) vs Jean Pierre Mamo (I.D. 546182M) on the 10 th June 2013, the applicant Kawtar Mokaddum, respectfully pleaded;
That this is an application for the purposes of Article 66F of Cap. 16 of the Laws of Malta, in virtue of which the applicant is asking that her request for separation made in this cause should instead be considered as a request forthe pronounciation of divorce and thus humbly asks this HonourableCourt, to uphold her requestand order that her request for separationmade in this cause be considered as a request for the declaraction of divorce in terms of Article 66F of Chapter 16 of the Laws of Malta and in the humble opinion of the applicantall that demanded by the provisions of Article 66 B of Cap. 16 of the Laws of Malta, has been satisfied.
Notify: Jean Pierre Mamo- Facilità Korrettiva ta’ Kordin, Paola.
The Sworn Aplication in the names Mokaddum Kawtar vs Mamo Jean Pierre, application number 298/12 AL, has been put off for hearing to the 17th October 2013, at9.15 a.m. in order that the respondent be notified.
Adv. Frank Portelli,LL.D
For the Registrar, Civil Courts and Tribunals
Notice 1093
1093by a decree of the 24th june, 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 187(3) and 338(1) of the code of organization and civil procedure (chapter 12)
That by application and a Schedule of set-off filed contemporaneously by Franco Buttigieg et, on the 20th June, 2013, the approval of the said judicial acts is being demanded for the amount of €61,662.27 following the judicial sale by auction 23/12 in the names Franco Buttigieg et vs Carmelo Cachia, held under the Authority of the said Court on the 13th June, 2013.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Diane Mifsud
For The Registrar, Civil Courts and Tribunals
Notice 1094
1094By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th June, 2013, Application number 623/2013 by Jack De Domenico and Rita De Domenico,whereby they prayed that it be declared open in favourof the same Jack De Domenico and Rita De Domenico, brother and sister of the decujus and this in the quota of one half (1/2) undivided share each one of them the SUCCESSION ofJoseph De Domenico, bachelor, son of the late Edward and Maria Anna née Cassar, born in Ħamrun resided in Msida and died in tal-Qroqq limits of Imsida on the 3rd May, 2013, (I.D. 0553645M) aged 67 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
Notice 1095
1095By means of a decree of the 19th February, 2013, in the Court of Magistrates (Malta) in the records of the judicial letter number 3600/12 in the names Bank of Valletta p.l.c. vs Vincent Mallia ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Vincent Mallia (I.D. 179678M) of 98, Triq Santa Liena, Birkirkara,on the 7th December 2012, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorġ, Valletta, VLT 1190,calls upon you so that within two days you pay the sum of €706.67 balance of debt in your Loan Accountwith Bank of Valletta p.l.c.togetherwith further interests from the 4th October, 2012, till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1096
1096By means of a decree of the 29th January 2013 in the Court of Magistrates (Malta) in the records of the judicial letter number 5007/10 in the names Bank of Valletta p.l.c. vs Georges Karl Debattista ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Georges Karl Debattista (I.D. 579176M) of Edel, Flat 2, Triq Wied tal-Imsida, Msida,on the 16th December 2010, Bank of Valletta p.l.c. of1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €7080.26 balance of debt in your Loan Account with Bank of Valletta p.l.c.togetherwith further interests from the 8th April 2010 till the date ofeffective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1097
1097By a decree of the Small Claims Tribunal of 12th June 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).
Banif Bank (Malta) plc (C41030) of 203, Level 2, Rue D’Argens, Gzira, Malta filed a Claim on the 28th January 2013 whereby they asked the Tribunal to condemn Aleksei Bayliss (I.D. 190385M) of52, Triq Sant Antnin, Ħamrun, HMR 2255, to pay the plaintiff company the sum of €1717.11 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 39/13VG2) is put off on the 10th July 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1098
1098By a decree of the Court of Magistrates (Malta) of 14th June, 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 14th June, 2013, on the application ofGolden Harvest Mfg Co Ltd it was ordered that Deputy Curators be chosen to represent Giuma El Bashir Saheri for the purpose of the application, Application Number 167/13MF and for the Garnishee Order number 1339/13 and in all other relative or subsequent acts whereby the applicant company demanded:
In the Notice No 167/13MF filed on the 6th June, 2013, Golden Harvest Mfg Co Ltd demanded that Giuma El Bashir Saheri pays the applicant company the sum of €8,400 representing the balance due on the sale of merchandise delivered to you.
With interest and costs.
In the acts of the Garnishee Order Number 1339/13 filed on the 6th June, 2013, Golden Harvest Mfg Co Ltd prayed that this Honorable Court order the issue of a Garnishee Order to be executed on the garnishee or garnishees as hereinafter mentioned, against the debtors for the debt herein mentioned and for the costs of this procedure, as security against the debt hereinafter indicated:
Debt: Sum €8,400, interest reserved and costs reserved.
Title:price of merchandise sold and delivered
Applicant: Golden Harvest Mfg Co Ltd – UB21, Industrial Estate, San Ġwann.
You are ordered to inform everyone that should no one come forward within the time stipulated the Court will proceed in order to choose 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 Marseann Farrugia LL.D, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1099
1099By a decree of the Court of Magistrates (Malta) of 5th June 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 5th June, 2013, on the application of Framegrip Industries Ltd it was ordered that Deputy Curators be chosen to represent Charoline Camilleri for the purpose of the law suit, in the Application Number 82/13FDP and in all other relative or subsequent acts whereby the applicant company demanded:
That Charoline Camilleri pays the applicant company the sum of €11,411.78, representing the balance due on several services of aluminium frames which services where given to you by the applicant company as results from the attached statement (Doc FG1).
With costs and legal interest from this day till the day of effective payment against the defendent who is from now summoned so that a reference to her evidence be made.
Applicant: Framegrip Industries Ltd – Mosta Road, Lija LJA 9010.
You are ordered to inform everyone that should no one come forward within the time stipulated the Court will proceed in order to choose 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 aforementionedCourt of Magistrates(Malta)with the witness of Dr Francesco Depasquale LL.M. (IMLI) LL.D, Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Court Warrant
1100By means of a decree given, by the First Hall Civil Court, on the 5th June 2013, in the records of the Warrant of Prohibitory Injunction number 646/13 FS, in the names Xerri Animal Feed Co Ltd vs Bilocca Angelo et, the following publication was ordered for the purpose of service of the respondent Pauline Bilocca, in terms of Article 187(3) of Cap. 12.
Bymeans of an Application, filed, in the First Hall Civil Court,in the names (Applicant) Xerri Animal Feed Co Ltd C 20476 against (Respondent) Angelo Bilocca, self-employed, son of Calcidon and Rita née Portelli, born in Pietà and residing in Siġġiewi, Malta (I.D. 556978M) for any interest she may have Pauline Bilocca, wife of Angelo Bilocca, daughter of William Camenzuli and Anne neé Magri, born in Pietà and residing in Ħamrun, Malta (I.D. 556978M) on the 30 th April 2013, the applicant Xerri Animal Feed Co Ltd (C 20476) respectfully pleaded;
That the applicants in order to safeguard their rights wish to holdthe respondents from selling, or in any manner tansferring, alienating under any title or offering any guarantee to third parties or in any other manner aggravating or obstructing the quota or permit with number four hundred and eight (408) which allows them to hold or raise pigs issued by the Kooperativa ta’ Min Irabbi l-Majjali u d-Direttorat Ġenerali għas-Servizzi Veterinarji.
This Warrant is being made because the applicant company is a creditor of the respondents in the amount of (€37,224.40) representing the price of merchandise consisting in various types of fodder delivered to the respondents following their request and instructions. There are also due interests at the rate of 8% on the value of the merchandise from the date of delivery, which interests till the 30th April 2013, have already amounted to €2200.93. Regarding these interests a sworn application in terms of Article 167 of Chapter 12 of the Laws of Malta, has already been presented, application number 236/2013, in the same names. Since it does not appear that the claim of the applicant company can be adequately secured otherwise, due to the urgency and dueto the fear of the applicant company, that the respondents shall pass on to a transfer or similar obstructionof this permit/quota during the application, it is being asked that this application be provisionally upheld until there is a final decree about it.
That the applicant shall be prejudiced if the respondent shall be witheld as stated;
Thus the applicant humbly prays that this Honourable Court, orders the issuing of a warrant of prohibitory injunctionin order that he be witheld from carrying out the things above mentioned.
Adv. Advocate Dr Jean Paul Grech.
Sgd. PL Joanna Dingli.
Confirmed before under oath after I read its contents and in the presence of as witness of identity and filed by PL J. Dingli, with two documents.
Warrant of Prohibitory Injunction.
Republic of Malta.
To The Court Marshall
Whereas the above application has been filed and there occurr all the elements required by law for the hereunder mentioned orders.
And after doing this and if you encounter any difficulty in the execution ofthis warrant you are to inform this Court forthwith.
Given by the Civil Court First Hall with the witness of the Hon. Mr. Justice Lino Farrugia Sacco LLD, Doctor of Laws.
Applicant: ‘Mount Carmel’ Triq l-Imġarr, Xewkija, Gozo.
Respondents: ...omissis...
Pauline Bilocca-71,’Orchidea’ Triq Giuseppe Abela Scolaro, Ħamrun.
Notify also: Dr. Anthony Gruppetta –Director General- (Veterinary and Phytosanitary Regulation) Veterinary and Phytosanitary Regulation Department , The Civil Abattoir, Albert Town, Marsa, MRS 1123, Malta).
KIM Limited - 5A, Xatt il-Qwabar, Marsa, ĦMR 1309.
The Application Warrant of Prohinitory Injunction in the names Xerri Animal Feed Co Ltd vs Bilocca Angelo et, application number 646/13 FS, has been put off for hearing to the 4th July 2013, at 10.30 a.m.
Adv. Frank Portelli,.LL.D.
For the Registrar, Civil Courts and Tribunals
Notice 1101
1101By means of a decree of the 27th February 2013 of the Civil Court First Hall in the records of judicial letter number 136/13, in the names Banif Bank (Malta) plc vs Logserv Co Ltd et,the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Chapter 12.
In the First Hall of the Civil Court
To Logserv Co Ltd (C 49901) of Patron House, B’Kara Bypass, B’Kara, Malta (as the debtor company) and
Mc Ben’s Limited (C13264) of 62, Flat 5, Triq Amery, Sliema, Malta;
Silved Developers Limited (C11452) of 58C, Triq Patri Felicjan Bilocca, Marsa, Malta.
Paul Attard (I.D. 475978M) of Toukley, 48, Triq St Trophimus, Rabat, Malta;
Adrian Zammit (I.D. 37980M) of Għasri Court, Flat 4, 165, Triq Dingli, Rabat, Malta;
Josette Zammit (I.D. 124776M) of Għasri Court, Flat 4, 165, Triq Dingli, Rabat, Malta.
(all together as sureties in solidum together with the debtor company)
By the present Banif Bank (Malta) plc (C 41030) of 203, Level 2, Rue D’Argens, Gzira, formally solicits you so that within one week from theservice of this letter, you pay the total amount of €1,426,806.52 representing an amount due by you as a result of a loan granted to the debtor company in terms of two contracts executed between the said debtor company and the applicant in the records of Notary Dr Sandra Valentino of the 9th December 2010.This sum due consists of the following:
1. €243,194.71 due on the Current Account number 10472810002 and it includes also the interest of €67.54 calculated till the 2nd January 2013; and
2. €1,183,611.81 due on the Loan Account number 10472871001 and it includes also the interest of €66,233.36 calculated till the 2nd January 2013.
The applicant is hereby soliciting you so that within the same time limit you also pay the interest due from the 2nd January 2013, till the date of effective payment at the rate of 10% per year with respect to the amount due on the Current Account mentioned above and at the rate of 9.5% per year with respect tothe amount due on the Loan Account mentioned above together with any other charges and fees due to it as a result of this loan and this all in terms of the agreement which has been executed with the applicant.
In order to avoid unnecessary expenses, you can admit to the amount due by means of a public deed. In this case, you are requested so that within the time frame given to you to pay, you inform the applicant.
In default, further proceedings will be initiated against you in Court without any further notice, including the institution of a lawsuit and the issue of the opportune warrants.
So much for your own guidance so that for the last time you are advised on how to proceed and avoid further unecessary expenses.
With costs including those of two legal letters dated 11th October 2011 and 9th February 2012.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1102
1102By a decree of the Small Claims Tribunal of 4th March 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).
Bank of Valletta p.l.c. (C2833) of 1/5, Misraħ San Ġorg, Valletta,VLT 1190 filed a Claim on the 30th November 2012 whereby they asked the Tribunal to condemn Donna Debono (I.D. 142386M) of Dolmen Court, Flat 21, Triq Għawdex, San Pawl il-Baħar, to pay the plaintiff company the sum of €1865.17 which amount is due to the plaintiff company.
With costs andinterests.
The case (Claim Number 803/12VG2) is put off on the 8th July 2013 at 1.00 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals