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Court Notices published in Govt. Gazette No. 19,346 of 21 November 2014
01/01/2014
Notice 1823
1823By means of a decree given on the 13th September, 2014, in the records of the Letter of Mediation in the names, Stephen Formosa vs Rosemarie Aquilina, Letter number 581/14, the following publication was orderedfor the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section), by Rose Marie Aquilina (ID 64291M), 176, Fleur de Luna, Carmel Street, Birkirkara, respectfully pleaded:
1. That the applicant from a relationship she had with Stephen Formosa a boy was born on the 11th August, 2006, ...omissis... who is today four years old.
2. That the said minor resides and is under the effective care and custody of the applicant.
3. That the access to the minor ...omissis... is not regulated at the time being, and the same Stephen Formosahas not seen the minor since January 2014.
4. That the respondent is not contributing to the maintenance of the same minor despite working full-time and part-time.
5. That thus it is necessary that pendente lite there be fixed the adequate maintenance payable by the respondent to the applicant as maintenance for the minor ...omissis...
Thus, the applicant is humbly praying this Honourable Court so that pendente lite it fixes the adequate maintenance payable by the respondent to the applicant as maintenance for the minor Athan Formosa under those provisions that this Court deems fit and opportune in the circumstances.
Notify: Stephen Formosa, El Shaddai Court, Flat 5, Triq il-Ġummar, Birkirkara.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1824
1824By means of a decree given by the First Hall Civil Court, on the 23rd September, 2014, in the records of the Sworn Application in the names, Borg Matthew vs Falzon Roderick, application number 602/14 JPG, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names, Matthew Borg (ID 146777M) vs Roderick Falzon (ID 328877M), on the the 7th July, 2014, the applicant Matthew Borg (ID 146777M), asked the defendant to state why this Honourable Court should not:
Decide the cause without preceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta, declare that the defendant is a debtor of the plaintiff for the sum of thirty thousand, four hundred sixty two Euro (€30,462), representing loan brevi manu, and uphold the other demands in the application.
With costs and interests against the defendant summoned so that a reference to his evidence be made.
Notify: Roderick Falzon, Flat 2, Alison Flats, Triq l-Istampatur, Santa Venera.
The Sworn Application in the names Borg Matthew vs Falzon Roderick, application number 602/14 JPG, is deferred for hearing to the 27th November, 2014, at 9.25 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Bann for Curators
1825Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 30th September, 2014, following a request of Josianne Vassallo, it was orderedthat Deputy Curators be chosen to representthe ownerswho have the directum dominium, in the records of the Schedule ofredemption of groundrent number 1313/2014,in the names, Josianne Vassallo vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and contextual redemption of groundrent filed in the First Hall Civil Court, in the names Josianne Vassallo, wife of Noel, daughter of Alexander Falzon and Jane née Micallef, born and residingin Pietà,identity card number 580739M vs Deputy Curators appointed to represent the owners who have the directum dominium, on the 29th September, 2014, the interpellant Josianne Vassallo née Falzon (ID 300287M),respectfully pleaded:
That the interpellant acquired the premises, and namely, the studio flat which bears the name ‘Sea Haven’, with official number one hundred thirty-eight letter ‘A’ (138A), situated at groundfoor level, namely at street level, in St Simon Street, Buġibba, limits of Saint Paul’s Bay, by means of a contract published in the records of Notary Dr Sharon Faith, on the 2nd June, 2010.
That in the said deed it appears that the premises is free and unencumbered, however from the root of title both from the deed published by Notary Pierre Attard, of the 26th March, 1993, and the deed published in the records of Notary Dr Angelo Sammut, of the 25th September, 1979, it appears clear that this premises is subject to the annual and perpetual groundrent of (€4.66).
That the interpellant is availing herself of the provisions of Article 1501 of the Civil Code (Cap. 16), and depositing the sum of €93.20, which represents the said groundrent capitalised at 5%, and the sum of €23.30, five years arrears of groundrent to be freely withdrawn after the due receipt according to law is left.
Interpellant: ‘Perla’, 101, Triq l-Iskorba, Żebbiegħ.
Service: 1. Deputy Curators, Courts of Justice, Valletta.
2. Director Public Registry, Public Registry, Valletta (two services).
3. Land Registry, Casa Bolino, Valletta.
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 Silvio Meli, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1826
1826By means of a decree of the 20th October, 2014, of the Civil Court First Hall, in the records of judicial letter number 2893/14, in the names Kevin Azzopardi et vs Louis Baldacchino,the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Louis Baldacchino (ID 196349M), of 132, Triq D’Argens, Msida.
By the present, Kevin Azzopardi (ID 78078M), and his wife Francina Azzopardi (ID 27980M),ofWhite Pearl, Triq Excelsior, Għargħur, refers you to the public contract of the 16th April, 2014, in the acts of Notary James Grech, that by means of which you constituted yourself as true, certain and liquid debtor in favour of the interpellants in the sum of€171,267.14 payable till the 16th June, 2014, representing price for contract of works, construction or reconstruction done by the interpellants on two adjacent and contiguous sites one already occupied that is the premises with number 132, with the name Saint Anthony, in Triq D’Argens, Msida, and by four garages without number and without a name already accessible from Triq Testaferrata, as better described in the contract dated 25th March, 1991, in the acts of Notary George Cassar, and the other site already occupied with the overlying airspace with number 130, in Triq D’Argens, Msida, which premises had another door in Triq Testaferrata, Gżira, as better described in the contract dated 15th January, 2009, in the acts of Notary Liża Camilleri, solicits you so that within two days you pay the said sum of €171,267.14 with interest of 7.5%from the 16th June, 2014, till the date of effective payment, everything according to the said public contract of the 16th April, 2014, in the acts of Notary James Grech.
This judicial letter is being made so that the debt above mentioned in the contract published by Notary Dr James Grech will be rendered executable against you according to Articles 253 (b) and 256 (2) of Cap. 12.
In default of all the payment and immediately, the interpellants will proceed against you the executive title according to law.
So much of your own guidance.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1827
1827By means of a decree of the 12th February, 2014, of the Civil Court First Hall, in the records of judicial letter number 3568/13, in the names Raymond Farrugia et vs PG Ħamrun Construction Limited,the following publication was ordered for the purpose of effecting service on the respondents in terms of Article 187 (5) of Cap. 12.
In the First Hall of the Civil Court
ToPG Ħamrun Construction Limited (C 37385),of4, St Mary Street, Magħtab, Naxxar.
By the present, Raymond and Mary, spouses Farrugia (ID 609060M and ID 34962M respectively), of Raymar, Triq il-Maħżnier, Luqa, solicits you so that within four days youpay the sum of €173,305 representing as for the sum of €139,762 as payment that you were bound to pay as per writing of the 11th November, 2011, and as for the sum of €33,543 as interest on the same amount.
This letter is being made in terms of Article 2156 of Cap. 16 of the Laws of Malta.
With costs of this present, and with legal interest from this present till the effective payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1828
1828By means of a decree of the 23rd October, 2014, of the Civil Court First Hall, in the records of judicial letter number 1443/14, in the names Gabriel Pompas vs Eduard Marcel Nedelcu, the following publication for the purpose of effecting service on the respondent was ordered in terms of Article 187 (3) ofCap. 12.
In the First Hall of the Civil Court
To: Eduard Marcel Nedelcu, of 15, Thelma, St James Street, Sliema.
By the present, Gabriel Pompas (ID 0033959A), of 50, Triq ir-Rebbiegħa, Buġibba, St Paul’s Bay, solicits you so that within two days you come forward for the liquidation and payment of the monies that he paid on the property 15, Thelma, St James Street, Sliema, and compensationfor using the same premises in an exclusive manner which property is divided between you.
The payments that the interpellant made includes:
Back monthly payments to HSBC Bank (Malta)plc for the loans that you had taken undivided between you that he paid and that he is still paying;
Payment of premium of the insurance that it was required by the Bank and agreed between you;
Payment of €7,999 made by the interpellant on the contract to the owner that sold the premises, taxes and professional fees.
If you do not abide with this present, the interpellant will proceed against you according to law.
At the same time, the interpellant informs you that he is no longer being co-owner with you in the property in Sliema, number 15, named Thelma, in St James Street,thus if you do not agree within two days to make the property for sale immediately, he is going to proceed judicially for the division of the said property, and in case it is not divisable, according to the case, it will be sold by means of a judicial sale.
So much for your own guidance.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1829
1829By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th September, 2014, Application number 844/2014 by Simon Joseph,Lewis Joseph, sive Lewis, sive Louis, Margaret Rose Gauci, Antoinette Marie Curmi and Francis Lawrence, all brothers and sisters Torpiano, whereby they prayed that it be declared open in their favour in the quota of one fourth (1/4) undivided share each one of them, the Succession of their mother Matilde Torpiano, widow of Joseph Torpiano, daughter of the late Simeone Sammut and Paola née Vella, born and resided in Valletta, and died in Pietà, on the 29th August, 2003, aged 94, holding identity card number 554608(M), intestate.
Wherefore any person who considers 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
Notice 1830
1830Permezz ta’ digriet mogħti fil-Prim’Awla tal-Qorti Ċivili fit-30 ta’ Settembru, 2014, fl-atti tal-ittra uffiċjali numru 1863/14, fl-ismijiet Bank of Valletta plc vsRonald Bonello et, ordnat is-segwenti pubblikazzjoni biex isservi ta’ notifika a tenur tal-Artikolu 187 (3) tal-Kap. 12.
Permezz ta’ ittra uffiċjali ippreżentata fil-Prim’Awla tal-Qorti Ċivili lil Ronald (KI 779349M),u Mary (KI 415346M), miżżewġin Bonello, ta’ Cargio Court, Flat 6, Triq il-Bajja, Marsaskala,fit-18 ta’ Ġunju, 2014, Bank of Valletta plc,ta’ 1/5 Misraħ San Ġorġ, Il-Belt Valletta VLT 1190,filwaqt illi tirreferikom għal żewġ kuntratti datati 30 ta’ Ġunju, 2008, fl-atti tan-Nutar Dr Robert Micallef, u għall-iskrittura privata datata 19 ta’ Awwissu, 2008, fejn intom iggarantejtu flimkien u in solidum ma’ C.S.I. Oil Field Services Limited, id-debiti tal-istess C.S.I. Oil Field Services Limited,tinterpellakomsabiex fi żmien jumejn tħallsu flimkien u in solidum, is-somma ta’ €488,131.54 bilanċ għad-debitu fil-Business Loan u Overdraft Accounts ta’ C.S.I. Oil Field Services Limited mal-Bank of Valletta plc, flimkien mal-imgħaxijiet ulterjuri mill-24 ta’ Mejju, 2014.
Din l-interpellanza qed issir mingħajr preġudizzju għall-proċeduri oħra intavolati kontra tagħkom mis-soċjetà mittenti għal bilanċi oħra minnkom dovuti.
Is-soċjetà mittenti tavżakom illi jekk tonqsu, hija se tkun kostretta tipproċedi kontra tagħkom skont il-liġi.
Reġistru tal-Qrati Superjuri, illum 14 ta’ Novembru, 2014.
Alexandra Debattista
Għar-Reġistratur tal-Qrati Ċivili u Tribunali
Bann for Curators
1831Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 29th September,2014, following a request of Lifetime Limited, it was ordered that deputy curators be chosen to represent the unknown domini diretti of the residential premises, or rather villa, in Tal-Għargħur, in the records of the Schedule of redemption of groundrent with number 1299/2014, in the names Lifetime Limited vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption of groundrent, filed in the First Hall Civil Court, in the names Lifetime Limited (C 19952) vs Deputy Curators to represent the unknown domini diretti of the residential premises, or rather premises ‘Isis’, with official number 24, in Triq Ta’ Stronka, Madliena, limits of Għargħur, on the 20th September, 2014, the interpellant Lifetime Limited respectfully pleaded:
That by means of a contract published by Notary Angelo Vella, on the 17th November, 1984, Joseph Borg had purchased propertyin Madliena, limits of Għargħur, subject to the annual and perpetual groundrent of €395.99.
That subsequently by means of a contract published by Notary Dr Maurice Gambin, on the 20th April, 1990, the same Joseph Borg acquired a portion of land adjacent to the property purchased, subject this portion to €6.84 payable to Carmela and Lawrence Mamo.
That the company Lifetime Limited had acquired by means of a contract published by Notary Dr Patrick Critien, on the 10th August, 2001, from Joseph Borg, the properties above mentioned, and namely the villa or rather residence today named ‘Isis’, with official number 24, and already named ‘Il-Kampanella’, and ‘Tal-Ħakem’, and which is situated in Triq Ta’ Stronka, Madliena, limits of Għargħur,but there was mentioned only a groundrent of €395.99.
That although in the contract published by Notary Dr Maurice Gambin, on the 20th April, 1990, there is mentioned that the portion purchased is of circa 54.5 square metres, and forms part of the property acquired by the applicant company by means of a contract publishedby Notary Dr Patrick Critien, on the 10th August, 2001, it is subject to the annual and perpetual groundrent of €6.84 payable to Carmela and Lawrence Mamo, every third day of November. The applicant company has no information regarding the domini diretti.
That the applicant company wishes to avail herself of the faculty granted to it by Article 1501 of Cap. 16 of the Laws of Malta, and redeem this groundrent €6.84 by depositing the sum of€137, togetherwith five years arrears of groundrent and one year laudemium amounting to€41.10 to be freely withdrawn by the respondents after the due receipt according to law is left.
Interpellant: The Penthouse, Carolina Court, Triq Ġużeppi Calì, Ta’ Xbiex.
Notify: 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 Mr Justice Silvio Meli, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1832
1832By means of a decree given on the 16th October, 2014, by the Rent Regulation Board, in the records of the Sworn Application, in the names, Rita Agius vs Christoffel Scifo Diamantino, application number 75/14 GG, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the Rent Regulation Board, in the names Rita Agius (ID 427266M), and the company Max Diner Limited (C 23873), for any interest it may have vs Christoffel Scifo Diamantino (ID 85472M), on the 5th September, 2014,the applicant Rita Agius (ID 427266M), and the company Max Diner Limited (C 23873), for any interest they may have, asked this Honourable Board:
To condemn the respondent to pay the rent for the period between the 1st October, 2013, till the 16th December, 2013, date of termination of the lease according to the agreement, and this in the amount of eight thousand and seventy-one Euro and fourteen cents (€8,071.14) or more correct sum, declare that the respondent is responsible for the damages suffered by the applicant in the premises known as ‘Star Millenium’, number 9, Qormi Road, Ħamrun, and uphold the other demands in the application.
With costs against the respondent summoned so that a reference to his evidence be made.
Applicant: 6, ‘St Philip House’, Misraħ Muxi, Ħaż-Żebbuġ.
Respondent: ‘Haven Lodge’, Flat 10, Triq Luigi Apap, St Julians.
The Sworn Application in the names, Agius Rita et vs Scifo Diamantino Christoffel, application number 75/14 GG, has been deferred for hearing to Thursday, 8th January, 2015, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1833
1833By a decree given by the Civil Court First Hall, on the 30th October, 2014, on the application of Bank of Valletta plc, Tuesday, 13th January, 2015, at noon, has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta,of the following property:
The temporary utile dominju for the remaining period of two hundred (200) years, that commenced from the twenty-first (21st) of February, of the year one thousand nine hundred and sixty (1960), of the tenement, sive penthouse, internally marked eighteen (18), forming part of a block externally numbered fourteen (14) letter ‘A’ (14A), and named ‘Boylan Buildings’, in Triq Għar il-Lembi, Sliema, subject to annual and perpetual groundrent of forty-six Euro and fifty-nine cents (€46.59), otherwise free and unencumbered, valued at three hundred and sixty thousand Euro (€360,000).
The said tenement is the property of Maria Dolores Grech (ID 66543M), Maria Carla Drago (ID 45969M), andAlexia Camenzuli (ID 234878M).
N.B. The said tenement will be sold as described in the acts of the judicial sales number 94/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1834
1834By means of a decree given by the First Hall Civil Court, on the 13th November, 2014, in the records of the Sworn Application, in the names Grech Joseph pro et noe vs Galea Carlos, application number 914/14 LSO, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names, Joseph Grech (ID 534363M), in his own name and in the name and representation of his siblings all absent from these Islands, Antonia Andrews, Josephine Sagrott, Mary Martin, Theresa Ging, Margaret Howard and Lucy Neary, against Carlos Galea, on the 21st October, 2014, the applicant asked the respondents to state why this Honourable Court should not:
Decide the cause without proceeding to a hearing in terms of Articles 167 et sequitur of Cap. 12 of the Laws of Malta,and declare that the respondenthas no right to occupy the premises, 29, Triq San Vincenz, Marsa, and uphold the other demands in the application.
With costs and interests according to law against the respondent summoned so that a reference to their evidence be made.
Respondent: 29, Triq il-Kungress Marian, Marsa, or 29 Triq San Vincenz, Marsa.
The Sworn Application in the names Grech Joseph pro et noe vs Galea Carlos, application number 914/14 LSO, has been deferred to the 16th December, 2014, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1835
1835By means of a decree given by the Civil Court FirstHall, on the 9th October, 2014, in the records of the Application, in the names Charles Grech & Co Ltd vs X, Application number 537/14 JZM, the following publication was ordered for the purpose of service of the respondents Dr Clarence Busuttil and Lorraine Attard, Bay Catering Limited and XL Projects Limited in terms of Article 187 (3) (4) and (5) of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the records of the Schedule number 2323/12, and in the records of the Garnishee Order number 3377/11, in the names Charles Grech & Co Limited (C 2473) vs Dr Clarence Busuttil (ID 120859M) and Bay Catering Limited (C 39785), and in the records of the Garnishee Order number 2747/12, in the names Lorraine Attard (ID 96271M) vs XL Projects Limited (C 51117), and Dr Clarence Busuttil (ID 120859M), on the 16th June, 2014, the applicants Charles Grech & Co Limited respectfully pleaded:
That the applicant company is a creditor of the respondent in the sum of €3,144.76 (three thousand, one hundred forty- four Euro and seventy-six cents), which debt was rendered executive by means of a judicial letter in terms of Article 166A of Cap. 12 of the Laws of Malta, which letter bears the number 2681/11, and a copy of which is hereby annexed and marked Doc. CG1, and this besides interest and costs as regards which the interpellant company reserves to present a detailed prospect which includes interest and costs.
That in execution of its executive titles, the interpellant company presented an Executive Garnishee Order on the 21st November, 2011, and which bears the number 3377/11, a copy of which is hereby annexed and marked Doc. CG2.
That by means of a Schedule of Deposit number 2323/12, the Bank of Valletta plc deposited the sum of €4,770.56 (four thousand, seven hundred seventy Euro and fifty-six cents), in the records of the Executive Garnishee Order number 3377/11, in the names Charles Grech & Co Limited (C 2473) vs Dr Clarence Busuttil (ID 120859M), and Bay Catering Limited (C39785), and in the records of the Precautionary Gasrnishee Order number 2747/12, in the names Lorraine Attard (ID 96271M) vs XL Projects Limited (C 51117), and Dr Clarence Busuttil (ID 120859M).
That the interpellant company filed the opportune application in virtue of which it asked that it be authorised to withdraw the amount due to it from the funds depositedby means of the present schedule, to which demand Lorraine Attard opposed, and this although she was not declared a creditor.
That thus, the interpellant company could not withdraw the amount due to it.
Thus, the interpellant company humbly prays that this Honourable Court in terms of Article 416 of Cap. 12 of the Laws of Malta:
1. Orders the opening of the Competition of Creditors on the deposit of €4,770.56 (four thousand seven hundred and seventy Euro and fifty-six cents), belonging to Dr Clarence Busuttil (ID 120859M), and/or Bay Catering Limited (C 39785), and which which was deposited by means of a Schedule of Deposit number 2323/12.
2. Orders by means of the Registrar of this Honourablethat in one newspaper or more amongst which the Government Gazette, there be issued a notice as provided in Article 416 (1) of Cap. 12, and this besides any necessary and opportune provision according to law.
3. Orders and decide that the credit of the interpellant company ranks before any other credit, and consequently ranks before any other credit in the competition of creditors on the deposit of €4,770.56 (four thousand,seven hundred and seventy Euro and fifty six cents), belonging to Dr Clarence Busuttil (ID 120859M), and/or Bay Catering Limited (C 39785), and which was deposited by schedule of deposit number 2323/12.
4. Orders that the costs of these procedures are to be paid by the creditors that opposed the withdrawal demandedby the interpellant company.
Notify: Dr Clarence Busuttil, 27, Triq San Nikola, Sliema.
Lorraine Attard, 27, Spinola Court, Upper Garden Street, Swieqi.
Bay Catering Limited, 133, Spinola Road, St Julians.
XL Projects Limited, Flat 4, Regent Park, Borg Olivier Street, StJulians.
The Application in the names Charles Grech & Co Ltd vs X, application number 537/14 JZM, has been deferred for hearing to the 8th January, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Bann for Curators
1836Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 12th November, 2014, following a request of Leonardo Schembri, it was ordered that deputy curators be chosen to represent the owners who have the directum dominium in the records of the Schedule of Redemption of groundrent with number 1592/2014, Leonardo Schembri vs Deputy Curators, and in the other relative and subsequent acts.
By means of a Schedule of Deposit and contextual redemption of Groundrent filed in the First Hall Civil Court, in the names, Leonardo Schembri, identity number 697432M, retired, son of the late Giuseppe Schembri and Antonia née Chircop, born and residing in Birżebbuġa vs Deputy Curators to represent the owners who have the directum dominium, on the 11th November, 2014, the interpellant Leonardo Schembri (ID 697432M) respectfully pleaded:
That the interpellant Leonardo Schembri acquired the premises, building site part of the field in the limits of Birżebbuġa, in the vicinity “Tal-Papa”, and called “Ta’ Bir Cassar”, of the area of seventy-six square canes, bordering on the North with the street which leads to Żurrieq, on the West with the rest of the field which belonged to the interpellant’s father, today deceased Giuseppe Schembri, and on the East with a portion of another land, which land of the interpellantis subject to the rate of groundrent of (€0.06), as better indicated in the contract published by Notary Nicola Said, of the fourth (4th) of August, 1957, copy attached Doc. ‘A’.
That the interpellant wishes to avail himselfof the faculty given to him by Article 1501 of the Civil Code (Cap. 16), and deposit the sum of (€1.20), which represents the said groundrent of (€0.06) capitalised at 5% to be freely withdrawn according to law after the due receipt according to law is left.
Services: 1. Director Public Registry, Public Registry, Valletta (twoservices).
2. Land Registry, Casa Bolino, West Street, Valletta.
3. Deputy Curators, Courts of Justice, Valletta.
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 Mark Chetcuti LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1837
1837By means of a decree given by the First Hall Civil Court, on the 7th October, 2014, in the records of the Sworn Application, in the names Bank ofValletta plc (C 2833) vs 1. RHF Industries Limited (C 6517), 2. Sundry Limited (C 9297), Applicationnumber 782/14 MCH, the following publication was ordered for the purpose of service of the respondent companies in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names Bank of Valletta plc (C 2833) vs 1. RHF IndustriesLimited (C 6517), 2. Sundry Limited (C 9297), on the 9th September, 2014, the applicant Bank of Valletta plc (C 12833) pleaded with respect:
That in virtue of a contract of constitution of debt in the records of Notary Dr Patricia Hall, dated 25th October, 2010, (Doc. A), the respondents declared themselves true, certain and liquid debtors of the applicant company in the sum of nine hundred and fifty-nine thousand, six hundred eighty-seven Euro and fifty-seven cents (€959,687.57), together with further interests till the day of effective payment.
That the debt of the respondents with the applicant company, today amounts to the sum of one million, one hundred and seventy-four thousand, eight hundred nineteen Euro and seventy-four cents (€1,174,819.74), together with costs and further interest from the 27th August, 2014, till the day of effective payment.
That there passed more than three yearsfrom when the contract above mentioned could be executed, and the debt ofthe respondents has not been paid, and thus this application had to be made.
Thus, the applicant company humbly prays that this Honourable Court executes this contract dated 25th October, 2010, in the records of Notary Dr Patricia Hall, Doc. ‘A’in the names above mentioned, with costs against the respondents.
Applicant: Bank of Valletta plc, 1/5, Misraħ San Ġorġ, Valletta.
Respondents: 1. RHF Industries Limited, ‘Muscat House’, 13-19, St Albert Street, Gżira.
2. Sundry Limited, ‘Muscat House’, 13-19, St Albert Street, Gżira.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1838
1838IT IS BEING NOTIFIED that in virtue of judgement dated 23rd July, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Miriam Hayman LLD), following an application filed by Mark Brincat, on the 18th September, 2014, (Compilation number 391/2006), in the case:
The Police
(Inspector Ian J. Abdilla)
Versus:
MARK BRINCAT, 32 years, son of Salvino and Rose née Tanti, born in Saint Julians, Malta, on the 26th May, 1973, residing in Block B, Flat 23,It-Torri tal-Arloġġ Street, Binja Estate, Mtarfa, Malta, and holder of identity card number 241673(M).
ORDERED THE CANCELLATION of the freezing order of all the assets of the said MARK BRINCAT, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry by a decree dated 24th April, 2006, and published in the Government Gazette on the 26th April, 2006.
This order is being published according to Article 5 (6) of Cap. 373 of the Laws of Malta.
Marvic Psaila
Deputy Registrar Criminal Courts and Tribunals
Notice 1839
1839By a decree given by the Civil Court First Hall, on the 17th November, 2014, on the application of Michael Attard Limited, Monday, 15th December, 2014, at eleven in the morning, has been fixed for the Sale by Auction to be held at 85, Triq l-Imdina, Ħal Qormi, of the following items seized from the property of Rosaria Gauci.
The vehicle of the make Peugeot of white colour with registration number SIR 333.
N.B. The objects will be sold as described in the judicial acts 23/2014.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Notice 1840
1840By means of a decree given on the 8th October, 2014, by the Rent Regulation Board, in the records of the Sworn Application, in the names Farrugia Mario vs Selkies Limited et, application number 65/14 GG, the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the Rent Regulation Board, by means of special summary proceedings, in the names, Mario Farugia vs Selkies Limited and Karl Allmark, on the 10th July, 2014, the applicant Mario Farrugia (ID 38362M), asked the respondents to state why this Board should not decide the cause de quo without proceeding to a hearing in terms of Article 16A of Cap. 69 of the Laws of Malta.
By declaring and deciding that the respondent company Selkies Limited is a debtor of the applicant in the amount of €12,337.76, declare that the respondent Karl Allmark is responsible in solidum with the respondent company for the payment of €12,337.76 towards the applicant, and uphold the other demands in the application.
With costs and legal interest against the respondents summoned so that a reference to their evidence be made saving any other action due to the applicants according to law.
Service: 1. Selkies Ltd, 62, Triq San Ġwann, Għargħur.
2. Karl Allmark, 62, Triq San Ġwann, Għargħur.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1841
1841By a decree given by the Civil Court First Hall, on the 5th November, 2014, on the application of Bank of Valletta plc,Tuesday, 20th January, 2015, from nine in the morning till noon, 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:
‘Palmex Petrol Station’ numbered 260 and 261, in Tower Road, Sliema, including fuel pumps and underlying reservoir together with the equipment, movables, accessories, tools and any other item forming part of the business concern known as ‘Palmex Petrol Station’, valued at €570,696.
The said tenement is the property of Mexico Garage Rent-A-Car Co. Limited.
N.B. The said tenement will be sold as described in the acts of the file number 79/2003.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 1842
1842By means of a decree given by the Rent Regulation Board, on the 2nd September, 2014, in the records of the Sworn Application, in the names Architect and Civil Engineer Joseph Borg Grech vs Frank Galea, application number 117/13 GG, the following publication was ordered for the purpose of service of the respondent Frank Galea in terms of Article 187 (3)et. seq. of Cap. 12.
By means of a Sworn Application filed in the Rent Regulation Board, in the names, Architect and Civil Engineer Joseph Borg Grech (ID 21430M) vs Frank Galea (ID 719450M), on the 20th November, 2013, the applicant Architect and Civil Engineer Joseph Borg Grech (ID 21430M), asked the respondent to state why this Honourable Court should not:
Decide the cause and proceed to give judgement according to the demands of the applicant without proceeding to a hearing of the cause in terms of Article 16A et sequitur of Cap. 69 of the Laws of Malta, declare and decide that the respondent is in delay in the payment of rent, and owes the applicant the sum of €4,233.33 for the garage in the alley in Triq is-Siberja, Marsaskala, as indicated in the application, and uphold all the other demands in the application.
With costs against the respondent summoned so that a reference to his evidence be made, and saving any other action due to the applicant including that for damages.
Applicant: ‘Rustika’, Triq San Anard, Żabbar.
Respondent: 1.’Atlanta’, Triq San Pawl, Naxxar.
The Sworn Application in the names Architect and Civil Engineer Joseph Borg Grech vs Frank Galea, application number 117/13 GG, has been deferred for hearing to the 2nd February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1843
1843It is hereby notified that by a decree dated the 3rd November, 2014, 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 Organisation and Civil Procedure, and this with regard to Anthony Cassar (ID 36061G).
By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section,on the 7th October, 2014, on the application of Lombard Bank Malta plc(C 1607), in the records of judicial Sale by Auction number 33/2013, in the names of Bella Claudia Nicoletta Cassar vs Anthony Cassar, ordered that the parties be notified conceding them ten (10) days for the reply so that the applicant Bank withdraws the amount of €28,681 deposited by means of two schedules of deposit numbered 261/2014 and 263/2014.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 1844
1844By meansofa decree given on the 5th November, 2014, by the Civil Court First Hall, in the records of the Sworn Application, in the names, Pledger Frederick Joseph vs Camilleri Giovanni, application number 822/14 JRM, the following publication was ordered for the purpose of service of the defendant in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names, Frederick Joseph Pledger (ID 62051A) vs Giovanni Camilleri (ID 673949M), on the 19th September, 2014, the applicant Frederick Joseph Pledger (ID 62051A) asked this Honourable Court:
To declare the respondent solely responsible for all the damages suffered by the respondent as a result of his default in regard to the lack of access given to the applicant, ordered a valuation of all the movables and objects which appertain to the applicant, and this by means of the work of referees to be appointed on the date when the lease agreement was finished, and namely, the 19th January, 2013, and uphold the other demands in the application.
With costs and legal interest as demanded against the respondent summoned so that a reference to his evidence be made.
Service: 23, GT Court, Resort Street, St Paul’s Bay.
The Sworn Application in the names Pledger Frederick Joseph vs Camilleri Giovanni, application number 822/14 JRM, has been deferred for hearing to Wednesday, 10th December, 2014, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Warrant of Prohibitory Injunction
1845By means of a decree given by the First Hall Civil Court, on the 10th December,2014, in the records of the Warrant of Prohibitory Injunction, in the names, Maskell Carmen et vs Unibuild Company Ltd, application number 1462/14 SM, the following publication was ordered for the purpose of service of the respondent company in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application filed in the First Hall Civil Court, in the names, Carmen Maskell (ID 10359M), and William John Maskell (British Passport number 094076987) vs Unibuild Company Ltd (C 19011), the applicant Carmen Maskell and William John Maskell respectfully pleaded and Carmen Maskell confirmed under oath:
That the applicant has an interest to safeguard her rights.
That the applicant in order to secure her rights wishes to hold the respondent from:
Selling, assigning, cede in any manner, or transfer both gratuitously, or by onerous title,the apartment internally marked number four (4), which is situated in the second floor (first floor), above the semi-basement level, part of a block of apartments which bears the name ‘Antonin’, in Triq Sant’ Agatha, Sliema, which is built on a site previously occupied by the house number twenty-five (25) and twenty-six (26). This apartment forms part of a block of apartments built on the site which was acquired by the respondent company (Unibuild Ltd), by means of a contract of sale dated 15th July, 2004, in the records of Notary Dr Carmel Gafà, LLD.
That this Warrant of Prohibitory Injunction is being asked on the basis of the following:
That the respondent company acquired property number twenty-five (25) and twenty-six (26) in Triq Sant’ Agatha, Sliema, by means of a contract in the records of Notary Dr Carmel Gafà, of the 15th July, 2004.
That in the same contract, the director of the respondent company Mario Grixti (ID 204864M) declared that the price of the premises (€209,643.61), had already been paid to the vendor in its entirety.
That infact, the vendors on the contract Captain Paul Gauci and his wife Jane Gauci, who is the sister of the applicant Carmen Maskell, and the same Carmen Maskell were never paid by the respondent company.
That after the transfer of the premises, the respondent company Unibuild Company Ltd demolished the existing building and built a block of apartments.
That some years after when the applicant together with Captain Paul Gauci and his wife Jane Gauci continued to insist with the director of the respondent company for the payment due, they reached an agreement with the same director that instead of payment in cash, an exchange be made, and the applicants pay the balance.
That due to the urgency that the rights of the applicant be irremediably prejudiced, it is being asked that this warrant be provisionally upheld.
Thus, the applicant humbly asks that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order that he be witheld from carrying out the above mentioned things.
Sgd. Advocate Adrian Delia
Confirmed before under oath after I read its contents, and in the presence of PL E. Montanaro as witness of identity and presented by PL E. Montanaro.
Republic of Malta
Court Warrant
To the Court Marshall
Whereas the above mentioned application was presented, and there recur the elements according to law for the under mentioned agreement.
And after doing this, or if you encounter any difficulty in the execution of this warrant, you are to inform this Court forthwith.
Given by the Civil Court First Hall, with the witness of the Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.
Respondent: Flat 5, Crossway Apartments, Triq il-Ħamsa u Għoxrin ta’ Marzu, Tarxien.
Execution: Director Public Registry, 197, Triq il-Merkanti,Valletta.
Director Land Registry, Casa Bolino, 116, Triq il-Punent, Valletta.
The Application Warrant of Prohibitory Injunction in the names Maskell Carmen et vs Unibuild Company et, application number 1462/14 SM, has been deferred for hearing to the 16th December, 2014, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1846
1846By means of a decree given by the First Hall Civil Court, on the 6th November, 2014, in the records of the Sworn Application, in the names, The General Soft Drinks Company Limited vs A. Baran Limited et, application number 799/14 LM, the following publication was ordered for the purpose of service of the defendant El Sherif and Svetlana El Sherif, in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names, The General Soft Drinks Company Limited (C 1591) vs (1) The company A. Baran Limited (C 39371), and (2) Sherif and Svetlana, spouses El Sherif, holder of identity card 47714 (A) and 168285(M) respectively, on the 12th September, 2014, the applicant The General Soft Drinks Company Limited (C 1591) asked this Honourable Court:
To dismiss from proceeding with the hearing of the cause in terms of Article 167 et. seq. of Cap. 12 of the Laws of Malta, condemn the defendants to pay the sum of €20,444.48, representingthe balance due by the defendants to the plaintiff company as stated with commercial interests as demanded.
With costs against the defendants summoned so that a reference to their evidence be made.
Applicant: The General Soft Drinks Co. Ltd, Qasam Industrijali tal-Marsa, Marsa MRS 3000.
Respondents: (1) ‘Oscillin’, 118, Triq il-Ġdida, Paola.
(2) ‘Bruce Court’, Flat 1, Triq il-Mensija, San Ġiljan (two services).
The Sworn Application in the names The General Soft Drinks Company Limited vs A. Baran Limited et, application number 799/14 LM, has been deferred for hearing to the 12th January, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1847
1847By means of a decree given on the 29th October, 2014, by the Rent Regulation Board, in the records of the Application, in the names, Charles Mangion et vs Jonas Galotta, application number 46/14 GG, the following publication was ordered for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application presented in the Rent Regulation Board, in the names, Charles Mangion (ID 692660M) and Elaine Marie Mangion (ID 61703L) vs Jonas Galotta, holder of Swedish identity card number 82172250, on the 14th May, 2014, the applicant Charles Mangion (ID 692660M) and Elaine Marie Mangion (ID 61703L) asked this Honourable Board for the reasons premised:
To declare that the respondent is a debtor of the applicants in the amount of (€24,438.06) for the reasons mentioned in the application in connection with the villawith the name of ‘Four Winds’, situated in Triq Santa Klara, Baħar iċ-Ċagħaq, with the attached garage, and uphold the other demands in the applicatiom.
With costs as demanded and with legal interest till the effective payment against the respondent summoned so that a reference to his evidence be made.
Notify: Jonas Galotta, Four Winds, Triq Santa Klara, Baħar iċ-Ċagħaq.
The Application in the names Charles Mangion et vs Jonas Galotta, application number 46/14 GG, has been appointed for hearing to the 9th February, 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1848
1848By means of a decree of the 19th November, 2014, given on an application of Michael Fenech, filed on the 19th of November, 2014, in the records of application number 707/2014, this Court ordered the Publication of the Inventory of the late Salvatore Fenech (ID 320122M), son of the late Michele and the late Maria née Borg, born in Mellieħa and died at Tal-Qroqq, Imsida, on the 4th of January, 2014, aged 91 years.
This publication is going to be held on Thursday, the 11th of December, 2014, at eleven o’clock in the morning, at “Fenlex”, 85, St John Street, Valletta, under the Ministry of Notary Dr Sean Critien.
Marcel Bugeja
For the Registrar Civil Court and Tribunals
Notice 1849
1849By a decree of the Small Claims Tribunal, of the 22nd October, 2014, 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).
Mobisle Communications Limited(C 24655), of Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 29th July, 2014, whereby they asked the Tribunal to condemn Mundbjerg Soren (ID 60599A), of Portland Apartments, Apartment 11, Triq Milner, Sliema, to pay the plaintiff company the sum of€285.46, which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 509/14DMA) is deferred for the 2nd December, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1850
1850By a decree of the Small Claims Tribunal, of the 5th November, 2014, 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(C 41030), of 203, Level 2, Rue D’Argens, Gżira, Malta, filed a Claim, on the 5th August, 2014, whereby they asked the Tribunal to condemn Joseph Casha (ID 511774M), of37, Lenrose,Triq Stiefnu Zerafa, Marsa,to pay the plaintiff company the sum of€1,150.42 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 541/14NHV) is deferred for the 1st December, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals