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Court Notices published in Govt. Gazette No. 19,201 of 28th January 2014

Date Icon 01/01/2014

Notice 131

131
By means of a decree of the 17th May, 2013 in the records of the judicial letter number 3357/12, in the names HSBC Bank Maltaplc vs Alain Mangion et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Alain Mangion (ID 405263M), and Mariella Mangion (ID 17965M), of 68, Water Front Place, Flat 61, Ix-Xatt, Sliema,on the 30th October, 2012, HSBC Bank Malta plc (C 3177) of32, Merchants Street, Valletta, calls upon you so that within seven days you pay the sum of €209,540.48 the sum due, together with the relative interest due from six (6) months before the date of this letter till the date of effective payment, which amount is due by you as surety in solidum of GEFA Limited.
In default Court procedures will be taken against you without further notice.
So much so that you may know how to regulate yourself.
This judicial letter serves to interupt prescription, and so it is required by law in terms of Article 2128 of the Code of Civil Procedure (Cap.16 of the Laws of Malta).
With Costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
27 Jannar 2014

Bann for Curators

132
Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 6th December, 2010 following a request of Saviour and Mary Carmela, sive Marlene, spouses Desira, it was ordered that deputy curators be chosen to represent the unknown direct or sub direct owers (if they exist)in the records of the Scheduleof Deposit and redemption of groundrent, in the names Saviour and Mary Carmela, sive Marlene, spouses Desira 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 Saviour Desira, Electrician and Plumber, son of the late Joseph Desira and Josephine née Agius, born in Pietà and residing at Iklin, (20, Monker, Triq Stefano Erardi), identity card number 41161(M), and his wife Mary Carmela, sive Marlene Desira, daughter of the late Eleno Sciberras and Mary née Curmi, born in Pietà and residing at Iklin, identity card number 217261(M) vs Deputy Curators to represent the direct or sub-direct owners (if existing) emphyteutae, and the unknown owners of the garage without official number,but known by the name ‘Ernest’, in Triq Stefano Erardi, in Iklin, limits of Ħal Lija, bordering on the North with the said Street, on the West with property of Francis Magro or his successors in title, and on the East with property of Joseph Farrugia, on the 2nd December, 2010 the interpellantsSaviour and Mary Carmela, sive Marlene, spouses Desira, respectfully pleaded:
That the interpellants are the owners of the garage without official number, but known by the name’ Ernest’, in Triq Stefano Erardi, in Iklin, limits of Ħal Lija, bordering on the North with the said street, on the Westwith property of Francis Magro or his succesors in title, and on the East with property of the heirs of Joseph Farrugia, as subject to the remaining annual and perpetual groundrent of €1.22, payable yearly in arrears, otherwise free and unencumbered, with all its rights and appurtenances, underlying property of third parties, which was acquired by the spouses Desira,by means of a deed of salein the records of Notary Doctor Melanie Darmanin, of the 7th October, of the year two thousand and ten (2010).
That the interpellants wish to avail themselves of the faculty given to themunder Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta, and redeem this groundrent capitalised at 5% amounting to (€24.40).
Thus the interpellants are calling upon this Honourable Court and under its Authority are depositing the sum of €24.40 redemption of annual and perpetual groundrent in favour of the respondents above indicated so that this sum so deposited can be withdrawn after the due receipt is left.
Applicants: (1) Saviour and Marlene Desira, 20, ‘Monker’, Triq Stefano Erardi, Iklin.
(2) Director Public Registry, 116, Casa Bolino, West Street, 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 Joseph Azzopardi, Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
22 Jannar 2014

Bann for Curators

133
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 17th January,2013 following a request of Farquhar Gauci, it was ordered that deputy curators be chosen to representthe unknown owners inthe records of the Schedule of Deposit and Contextual Redemption of Groundrent in the names, Farquhar Gauci vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of redemption of groundrent, filed in the First Hall Civil Court, in the names, Farquhar Gauci (ID 475485M) in business, bachelor, son of the late Joseph and Veronica née Camilleri, born in Pietà and residing in Mosta vs Deputy Curators in order to representthe unknown owners, on the 11th January, 2013the interpellant Farquhar Gauci respectfully pleaded:
That by means of a contract in the records of Notary Rachel Busuttil, of the 19th September, of the year two thousand and eleven, the interpellant Farquhar Gauci bought from Uranus Company Limited, the roof and airspace at fourth floor level above, usque ad coelum, with an area of circa one hundred square metres (120 square metres) of the block without number, but whichbears the name ‘Saturn Apartments’, in Triq il-Ħarifa, corner with Triq Ġulju Ċenturjun, Bugibba,limits of Saint Paul’s Bay. The block borders on the North with the street, on the East with property of the Agostinian Fathers, and on the West with property of Carmelo Borg or his successors in title. This airspace was bought as exempt from the payment of annual and perpetual groundrent, nothwithstanding the interpellant still wants to redeem the groundrent.
1. The land on which the block of apartments was builtwas subject to an annual and peretual groundrent of €106.69, and this according to a contract in the records of Notary Joseph Cachia, of the 18th October, 1977 which subgroundrent is payable yearly in arrears.
2. The first floor flat was sold as subject to annual and perpetual subgroundrent of €26.21, according to a contract in the records of Notary Tonio Spiteri, of the 21st April, 1982 and another of Notary Pierre Falzon, of the 20th May, 1996.
3. The flat at the second floor was sold as subject to the annual and perpetual subgroundrent of €28.07, and this according to a contract in the records of Notary Pierre Falzon, of the third July, 1984.
4. Whilst the flat at third floor was sold as exempt from the payment of the annual and perpetual subgroundrent according to a contractin the records of Notary Tonio Spiteri, of the second of October, 1984.
5. Thus if one reduces €28.07 and €26.21 from €106.69, it results that the groundfloor tenement has an annual and perpetual subgroundrent of €52.41.
6. Today, the block exceptthe groundfloor tenement and the flat at first floor as stated above are subject to the annual and perpetual subgroundrent of €52.41 and €26.21 respectively, consists in four storeys, from the second floor to the fifth floor. If one divides €28.07 with the number of storeys which presently are four, each storey is subject to the annual and perpetual subgroundent of €7.02.
The interpellant wishes to redeem the groundrent of two stories of which he is the owner, and namely the fourth and fifth floor usque ad coelum, and thus wishes to avail himself of the faculty given to him by Article 1501 of the Civil Code, and redeem the annual and perpetual subgroundrent of €14.04 burdening the two storeys above mentioned due to the respondent.
That this annual and perpetual subgroundrent capitalised at 5% amounts to (€280.80), and the interpellant is depositing under the Authority of this Court this sum so thatit be freely given to the respondent after he leaves the due receipt according to law.
Notify: Director Public Registry, West Street, 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 ChetcutiLL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
22 Jannar 2014

Notice 134

134
NOTICE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)
Whereas the plaintiff Ottilie Micallef (ID 260078M) filed an application under oath (No. 17/14 AL) demanding Correction of the Act of Birth of the minor Keezia number 3466/2008 in the Public Registry.
Whosoever may have an interest therein and wishes to oppose that demand is hereby called upon to do so by means of a note to be filed in the Registry of these Courts within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who within the aforesaid time shall have filed such note shall be notified by the service of a copy of the said application under oath of the day which will be appointed for the hearing of the case.
By order of the Court.
Rita Mangion
For the Registrar Civil Courts and Tribunals
23 Jannar 2014

Notice 135

135
By means of a decree given on the 21st November, 2013 by the Civil Court (Family Section), in the records of the Sworn Application, in the names, Nappa Licari Daniela vs Elsisy Elsayed, application number 254/13 AL, the following was ordered for the purpose of service of the defendant in terms of Article 187 (3) of Cap. 12.
By means of a Sworn Application filed in the Civil Court (Family Section), in thenames Daniela Nappa Licari (ID 390582M) vs Elsayed Elsisy (Passport No. 1277769), on the 16th May, 2013 the applicant Daniela Nappa Licari asked this Honourable Court:
To declare that there should be pronounced the divorce or dissolution of marriage betwen the parties which was contracted by civil rite, on the 7th October, 2002 in terms of Article 66 (A), and uphold the other demands in the application.
With costs against the respondent from now summoned so that a reference to his evidence be made.
Applicant: 89, Flat 2, Republic Str, Valletta.
Respondent: 102, Flat 4, Triq il-Moħba, Fgura.
The Sworn Application in the names Nappa Licari Daniela vs Elsisy Elsayed, application number 254/13 AL, has been put offfor hearing to Tuesday, 11th March, 2014 at 9.15 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
23 Jannar 2014

Notice 136

136
By a decree given on the 4th March, 2013 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By a decree given by the Civil Court First Hall, on 9th December, 2013 on the application of Bartolo Catherine of Thursday, 27th February, 2014 at 10.30 a.m. has been fixed for the Sale by Auction, to be held in the first floor of these Courts of Justice, Republic Street, Valletta, of the following property:
Flat 4, Arizona Court, Triq Santa Aristarkus, St Paul’s Bay, offers should begin from one hundred and forty nine thousand four hundred and eighty Euro (€149,480), together with the movables.
The said tenement is the property ofBartolo Joseph (ID 312271 M) and Bartolo Catherine (ID 258575M).
N.B. The said tenement will be sold as described in the judgement given on 30th September, 2011 and in the file number 97/12.
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
23 Jannar 2014

Notice 137

137
By a decree given on the 7th January, 2014 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By the application filed in the Civil Court First Hall, on the 13th September, 2013 by Bank of Valletta plc (C 2833), in the acts of the file number 4/13 is being asked that the Court:
Rectify the description of tenements merit of this judicial sale indicated in paragraph (a) as indicated in the application be cancelled all the words and instead inserted the words: The first floor Maisonette numbered nineteen letter B (19B), together with the apartment overlying the maisonette and the development done on the roof, including the airspace on the same roof, and half undivided share of the common parts of the block in Swatar Street, Msida, which maisonette is overlying on property of the Awtorità tad-Djar or successors in title, and bounded on the North East to the road, and other winds bounded with property of the Awtorità tad-Djar or successors in title.
Order that Architect Mark Camilleri includes a description of the garage indicated in paragraph (b) of the tenements.
Order that Architect Mark Camilleri correcting the estimate report already done by doing a one estimate report for the tenement indicated in paragraph (a) and another separate one for the garage indicated in paragraph (b).
The Court ordered the notification of this application to the interested parties with a four day period to file a reply.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
21 Jannar 2014

Notice 138

138
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th January, 2014 Application number 29/2014 by Carmen Spiteri, whereby she prayed that it be declared open in her favour in its entirety the Succession ofher mother Maria Concetta Camilleri, widow of Emanuel Camilleri, daughter of the late Giuseppe Camilleri and Maria née Gauci, born and resided in Żurrieq, and died in tal-Qroqq, limits of Imsida, on the 5th August, 2013 intestate, holding identity card number 215134(M).
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
24 Jannar 2014

Notice 139

139
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th January, 2014, Application number 20/2014 by Alfred Spiteri and others,whereby they prayed that it be declared open in favour as for one half (1/2) undivided share in favour of the heirs of Elena Calleja, and that is Alfred Spiteri, Charles Spiteri, Gemma Laferla, Vivien Laferla, Gwido Spiteri, John Spiteri, Yvonne Borg, Sonia Borg, Joseph Spiteri as heirs of the late Maria Spiteri, Margaret Spiteri, as heir ofEmanuel Spiteri, Sonia Sciberras, Philip Sciortino, Marthese Mamo, Dorothy Falzon Sciortino, Joanne Cauchi as heirs of the late Ġuża Sciortino, Sonia Falzon, Marisa Spiteri, Jacqueline Spiteri, Suzanne Sammut, Alex Spiteri as heirs of the late Ġużi Spiteri, and as for the one half(1/2) undivided share in favour of the heirs of the late Josephine Debattista, and that isAlfred Debattista, Carmen Sammut, Antida Mallia, John Debattista, Emmanuel Debattista, and Kevin Debattista, Lorraine Borg Debattista, Alan Debattista, Anthony Debattista as heirs of the lateAnthony Debattista, the Succession ofRev. Father Carmelo Calleja, Bachelor, son of the late Giovanni Calleja and Elena née Psaila, born in Birkirkara, resided in San Ġiljan, and died in Tal-Qroqq, limits of Msida, on the 4th September, 2013 aged 86, intestate, holding identity card number 464827(M).
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
24 Jannar 2014

Bann for Curators

140
Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 26th March, 2009following a request of Michael Angelo Camilleri et,it was ordered that deputy curators be chosen to represent the direct ownerand/or sub-direct owner, whose name/names are unknownin the records of the Schedule of Deposit and contextual redemptionof groundrent in the names Michael Angelo Camilleri et vsDeputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption filed in the First Hall Civil Court, in the names Michael Angelo Camilleri (ID 595453M), Security Officer, born inĦal Safi, and son of the late Joseph Camilleri and Paola Camilleri née Busuttil, and Monica Camilleri née Farrugia (ID 287056M), Housewife, born in Żurrieq, and daughter of Louis Farrugia and Liberata Farrugia née Farrugia, and residing both at Antalya, Triq San Pawl, Żurrieq, Joseph Baldacchino (ID 588248M), Welder, born in Siġġiewi, sonof Nicholas Baldacchino and Josephine Baldacchinonée Bonello, and his wife Jane Baldacchino née Camilleri, (ID 627154M), Housewife,born in Ħal Safi, and daughter of Joseph Camilleri and Paola Camilleri née Busuttil, and residingboth at number 87, Hillbank Joejane, Triq l-Imdina, Siġġiewi,and Carmelo Albert Azzopardi, (ID 525058M) Store Keeper, born in Valletta, son of Joseph Azzopardi and M’Rosaria Azzopardi née Sultana, and his wife Carmen Azzopardi, née Camilleri, (ID 231459M), Nursing Aid, born in Ħal Safi, and daughter of Joseph Camilleri and Paola Camilleri née Busuttil, and residing both at number 3, Pawla, San Ġużepp, Ħal Safi vs Deputy Curators to represent the direct owner and/or subdirect owner, whose name/names are not known regarding the premises number fifteen (15), previously nine (9), in Triq it-Tjieba, Żurrieq, on the 23rd March, 2009 the applicants respectfully pleaded:
That in virtue of a will of the 15th October, 1986 in the records of Notary Joseph Henry Sciriha, Joseph Camilleri, left by title of prelegacy to the applicants his children Michael Angelo Camilleri, Jane Baldacchino, and Carmen Azzopardi, the premises number fifteen (15) previously number nine (9), in Triq it-Tjieba, Żurrieq, as subject to the annual and perpetual groundrent and/or subgroundrentof Euro (€0.87).
That on the 20th January, 2004 Joseph Camilleri died.
That the applicants Michael Angelo Camilleri, Carmen Azzopardi and Jane Baldacchino, by deed of the 27th November, 2008 in the records of Notary Sandra Bugeja were put in possession of the premises number fifteen (15), previously number nine (9), in Triq it-Tjieba, Żurrieq, as subject to the annual and perpetual subgroundrent of Euro (€0.87).
That the interpellants wish to avail themselves of the faculty given to them by Article 1501 ofthe Civil Code, and redeem the said groundrent or subgroundrent.
That the said groundrent or annual and perpetual subgroundrent of Euro (€0.87) capitalised at the rate of 5% amounts to seventeen Euro and forty cents (€17.40), and the interpellants are also depositing the last five instalments of groundrent and subgroundrent of (€0.87) for the years 2009, 2008, 2007, 2006 and 2005 in the amount of ( €4.35), as well as the sum of (€0.87), representing the payment of laudemium, and thus the interpellants are depositing the total sum of (€22.62), which amount is to be freely withdrawn by the said respondent/respondents after the due receipt according to law is left.
Depositors:Michael Angelo Camilleri, (ID 595453M), Antalya, Triq San Pawl, Żurrieq.
Monica Camilleri, (ID 287056M), Antalya, Triq San Pawl, Żurrieq.
Joseph Baldacchino, (ID 588248M), 87, Hillbank, Joejane, Triq l-Imdina, Siġġiewi.
Jane Baldacchino, (ID 627154M), 87, Hillbank Joejane, Triq l-Imdina, Siġġiewi.
Carmelo Albert Azzopardi, (ID 525058M) 3, Pawla, Misraħ San Ġużepp, Ħal Safi.
Carmen Azzopardi, (ID 231459M), 3, Pawla, Misraħ San Ġużepp, Ħal Safi.
Respondent/s: Deputy Curators to represent the direct owner/sub direct owners whose name/names are not known regarding the premises number fifteen (15), previously number (9), in Triq it-Tjieba, Żurrieq.
Services: Director Public Registry, Evans Building, Merchants Street, 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 Giannino Caruana Demajo LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
24 Jannar 2014

Notice 141

141
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd May, 2013 Application number 488/2013 by Joseph Pirotta et,Maria Pirotta, daughter of Giuseppe and Caterina née Farrugia, born in Naxxar on the 3rd March, 1930 holding identity card number 180130(M) was Interdicted by means of a decree given on the 8th August, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
24 Jannar 2014

Notice 142

142
NOTICE IN TERMS OF ARTICLE 416 OF CHAPTER 12
COMPETITION OF CREDITORS OF FRANCIS SALIBA AND HIS WIFE LORAINE SALIBA
It is hereby notified that the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, by virtue of a decree dated 22nd January, 2014 in the records of application number 37/2012 (JD), Competition of Creditors of Francis Saliba (ID 19572G), and Loraine Saliba (ID 7876G), which application was filed on the 10th January, 2014 by Gatt Enterprises Ltd, regarding a deposit of €234,500 affected by means of a schedule of deposit number 307/2013 on the 21st October, 2013 and 362/2013 on the 17th December, 2013, and this in the records of Judicial Sale by Auction number 37/2012 (JD) in re Gatt Enterprises Ltd vs Francis Saliba et, the Court ordered this present publication calling upon all those who might have an interest therein to put their claims within the time of one month of this publication on the expiration whereof it shall not be lawful for any part failing to put in a claim within that time to delay or otherwise hinder the decision on the competition proceedings between the parties putting in a claim.
All interested parties are to appear in this Court on Tuesday 25th March, 2014 at 12.00 p.m. for the hearing of the suit.
Jaclyn Magrin
For the Registrar Gozo Courts and Tribunals
24 Jannar 2014

Notice 143

143
By a decree given by the Civil Court First Hall, on the 21st January, 2014 on the application of Vella Tony of Wednesday,5thMarch,2014at ten inthemorning(10.00 a.m.), has been fixed for the Sale by Auction to be held at St Joseph Farmhouse, Tarxien Road, Gudja, of the following items seized from the property of Pace David.
Seddon Atkins coloured red with the registration number DPS 001, Ford Cargo coloured white with no registration plates, and Leyland DAF coloured blue and white with chassis number DAFT 676RMD.
N.B.The said objects will be sold as described in the judicial acts number 31/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
23 Jannar 2014

Notice 144

144
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th May, 2013 Application number 521/2013 by Ian Wirth et,Maria Rosaria Wirth, widow of Oliver Wirth, daughter of the late Joseph William Cassar and Carmela née Xiberras Trigona, born in Sliema and resides in Sliema, holding identity card number 615926(M), was Interdicted by means of a decree given on the 27th September, 2013.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
24 Jannar 2014