Mur Lura
Court Notices published in Govt. Gazette No. 19,204 of 31st January 2014
01/01/2014
Notice 152
152By means of a decree of the 4th December, 2013 the Small Claims Tribunal ordered the publication of the following extract for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the Notice Number 36/2010KPS presented by Doctor of Laws Luigi A Sansone (ID 258269M) as special mandatory of Guido de Rosis, holding Italian identity card number A 07535794, carrying on trade under the name ‘Kiurito Di Guido De Rosis’, and with address of Via Nazione, 2–87020 S. Nicola Arc (Cs) Italy, on the 22nd October, 2013 in the names, Doctor of Laws Luigi A Sansone (ID 258269M), as special mandatory of Guido De Rosis, holding italian identity card number A 07535794, carrying on trade under the name “Kiurito Di Guido de Rosis”, and by means of a decree of the Tribunal of the 8th February, 2011 the name of the plaintiff is to be read as “Kiurito Di Guido De Rosis” instead as above mentioned against Wonka Company Limited, decided on the 27th June, 2013 where the applicant humbly asked this Honorable Tribunal:
That in the judgement which now as become res judicata, this Honourable Tribunal described the plaintiff in the heading of the law suit as Doctor of Laws Luigi A Sansone (ID 258269M), as special mandatory of Guido de Rosis, holding Italian identity card number A 07535794, carrying on trade under the name “Kiurito di Guido de Rosis”, and by a decree of the Tribunal of the 8th February, 2011 the name of the plaintiff has to be read as ‘Kiurito Di Guido De Rosis’ instead of above mentioned.
By all due respect, this description of the indication of the plaintiff is the result of a mistake in appreciation of the changes that were made twice in the heading during the relative law suit and namely:
(a) the first change that occurred when the proceeding were transferred to Guido de Rosis in his own name by means of a note made purposely on the 1st March, 2011(see fol 121 of the file copy Doc A here attached), after an application made purposely and upheld by the Tribunal on the 8th February, 2011 (see fol 117 of the file copy Doc B here attached);and
(b)the second change that occurred when Doctor of Laws Luigi A Sansone (ID 258269M), as special mandatory of Guido de Rosis, holding Italian identity card number 0753574, carrying on trade under the name “Kiurito Di Guido De Rosis” took over once again the records in his capacity by means of an appropriate note of the 7th December, 2012 (see fol 161 of the file, copy Doc C here attached), after an application purposely made upheld by this Tribunal on the 27th November, 2012 (see fol 157 of the file, copy Doc D here attached).
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That according to Article 825 Subarticle 1 of Cap. 12 of the Laws of Malta, the Court on an application of one of the parties that have to be notified to the other party corrected by means of a decree any time a mistake of calculation that was done in a judgement.
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That in this case, it is clear that a mistake in the appreciation/quote (calculation) of the accumulative effects of the two actions that were taken (with the blessing of the same Tribunal).
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Thus in view of the above and keeping in view Article 825 Subarticle 1 of Cap. 12 of the Laws of Malta, the plaintiff humbly prays this Honorable Tribunal to order that:
(a)that this application be notified to the defendants in the law suit Notice number 36/2010KPS, in the names mentioned in the heading of the same application;and
(b)regarding the judgement in the acts of Notice Number 36/2010KPS in the names mentioned in the heading of the same application, the indication of the plaintiff said is to be corrected in whole in the following manner:
Doctor of Laws Luigi A Sansone (ID 258269M) as special mandatory of Guido de Rosis, holding Italian identity card number A 07535794, carrying on trade under the name “Kiurito Di Guido De Rosis”, and by a note of the 1st March, 2011 Guido de Rosis transferred the acts in his own name and by a note of the 7th December, 2012 Doctor of Laws Luigi A Sansone assumed once again the acts as special mandatory of the same plaintiff Guido de Rosis.
Small Claims Tribunal
Adjudicator
Dr Katya Psaila Savona LL.D.
Notice Number36/2010 KPS
Dr Luigi A Sansone noe vs Wonka Company Limited
The Tribunal
Saw the application
Upholds the request
Service: Dr Luigi A Sansone, 84, Triq Melita, Valletta VLT 1120.
Wonka Company Limited, 42B, Marina Street, Pieta.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 153
153By means of a decree on the 24th October, 2013 in the records of the judicial letter number 697/13, in the names HSBC Bank Maltaplc vs Probe Technologies Ltd, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service in terms of Article 187 (5) of Cap. 12.
This judicial letter is being sent in terms of Article 256 (2) of the Code of Organisation and Civil Procedure (Cap. 12), and is intended to render the notarial deed hereunder mentioned executable, which contract constitutes an executive title according to Article 253 (b) of the Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta.
It is in your interest to consult a lawyer or a legal procurator without delay.
By means of a judicial letter filed in the First Hall of the Civil Courts against Probe Techonologies Ltd(C 30550), of264/265, Fleur De Lys Road, Birkirkara, on the 8th March, 2013, HSBC Bank Malta plc (C 3177) of32, Merchants Street, Valletta, refers you to the contract of constitution of debt in the acts of Notary Dr Margaret Heywood, dated 8th August, 2012 and calls upon you so that within seven days from todayyou pay the sum of €153,487.55, representing as for the sum of€126,587.99 as capital, and as for the sum of €26,899.56 as interest which have accrued on the capital sum till the 25th February, 2013 which sum is due in terms of the same contract besides further legal interest at 8% per year on the capital sum from the 26th February, 2013 till the date of effective payment.
In default of payment, the interpellant Bank informs you that further action will be taken against you in Court in execution of its executive title without any further notice.
So much so that you may be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 154
154By means of a decree on the 20th August, 2013 in the records of the judicial letter number 1267/13, in the names HSBC Bank Maltaplc vs E & C Developments Limited, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service in terms of Article 187 (5) of Cap. 12.
This judicial letter is being sent in terms of Article 256 (2)ofthe CodeofOrganisationand Civil Procedure (Cap. 12), and is intended to render the notarial deed hereunder mentioned executable, which contract constitutes an executive title according to Article 253 (b) of the Code of Organisation and Civil Procedure (Cap. 12) of the Laws of Malta.
It is in your interest to consult a lawyer or a legal procurator without delay.
By means of a judicial letter filed in the First Hall of theCivilCourtsagainst E & C Developments Limited (C 15633), ofVilla Alfano, Annibale Preca Street, Lija, on the 3rd May, 2013 HSBC Bank Malta plc (C 3177) of32, Merchants Street, Valletta, refers you to the contracts of loan in the acts of Notary Doctor Carmel Mangion, dated 27th October, 2010 and calls upon you so that within seven days from today you pay the sum of €2,394,338.97 representing as for the sum of€1,953,135.90 as capital, and as for the sum of €441,203.07 as interest which have accrued on the capital sum till the 25th April, 2013 which sum is due in terms of the same contract besides further legal interest at 8% per year on the capital sum from the 26th April, 2013 till the date ofeffective payment, which amount is due by you as surety in solidum of C & M Contractors Limited.
In default of payment, the interpellant Bank informs you that further action will be taken against you in Court in execution of its executive title without any further notice.
So much so that you may be guided accordingly.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 155
155By means of a decree given on the 14th January, 2014 by the Civil Court (Family Section), in the records of the letter number 1556/13, in the names Joanna Amy Blundell (ID 99012L) vs Martin Blundell (ID 45381M), the following was ordered for the purpose of service of the respondent in terms of Article 187 (3) of Cap. 12.
By means of an Application filed in the Civil Court (Family Section), in the names Joanna Amy Blundell (ID99012L) vs Martin Blundell (ID 45381M), on the 2nd December, 2013 the applicant Joanna Amy Blundell respectfully pleaded:
1. That the parties concluded a personal separation by means of a contract dated 27th January, 2007 in the records of Notary Doctor Robert Muscat, which contract was varied by means of another contract concluded between the parties with the approval of the Court, dated 10th June, 2010 in the records of Notary Doctor Henri Darmanin, whereby in both cases, the applicant had no legal assistance.
2. That from their marriage, the parties have two minor children.
3. That the access which was granted in favour of the respondent by means of the deed ofseparation between the parties appears not to be subject to any limitation or reservation.
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4. That this provision in the contract isthe cause of serious misunderstanding and servious differences between the parties regarding the modalities of access that the respondent has the right to exercise towards his children.
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5. That for these last five years, the general system regarding the access as dictated and imposed by the respondent and his father after the conclusion of the contract of separation is that either of them, collects the minors from their mother’s house on Friday evening,and they remain with him till Sunday evening.In the determination of these modalities of access, the applicant has no involvment or right to be involved ...omissis... It is not the first time that the respondent failed to inform his wife that he is calling for his children.
6. That besides the fact that the applicantcannot do any plans with her children and cannot see and enjoy the same children on the weekends as has long happened for many years, the respondent works as a soldier on a shift system, and thus he works on weekends and at night, but he still insists for access to his children and he sends them to sleep at his father.
7. That in fact it is not the first time that the minors spends nights at the weekends as well as on Sunday with the paternal grandparents.
8. That when the applicant tried to arrange with the respondent and asked him to allow the children with her at least on Saturday, andhe takes them on Saturday evening he refused and his preferred excuse is than the minor omissis has football lessons on Friday evening and Saturday afternoonin Pembroke and that she has to attend.
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9. That this behaviour of the respondent as regards the exerciseof the access to his children can never be consideredto be in the best interest of the minor.
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10. That recently the first mediation meeting was held between the parties in order to determine whether the respondent is ready that there be established fixed modalities of access ...omissis... However the respondent does not want to commit himself in any manner.
11. That thus the applicant has no alternative except to file this application so that this Honourable Court itself determine the modalities of access that the respondent is to exercise towards his children, keeping in view the best interest of the minor in every respect.
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Thus the applicant whilst referringto that premised in the application humbly asks and respectfully asksthat this Honourable Court despite the provisions of Clause number 4.5 of the contract of separation dated27th January, 2007 as regards the access whichthe respondent is to exercise to his children pendente lite, establishes the modalities of access under all those provisionswhich shall be reasonable and opportune keeping in view the best interest of the minor.
Saving any other provision that this Honourable Court deems fit.
Civil Court (Family Section).
Hon. Madam Justice Abigail Lofaro LL.D. Dip. Stud. Rel. Mag. Jur. (Eur Law).
Letter Number 1556/13.
Joanna Amy Blundell vs Martin Blundell.
The Court
Having seen the application of the 2nd December, 2013.
Orders that the respondent be notifed and is to file a replywithin five (5) working days.
Notify: Martin Blundell (ID 45381M).
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 156
156By means of a decree of the 20th November, 2013 in the records of the judicial letter number 551/12, in the names Commissioner ofInland Revenue vs Golovanova Elena, the Courts of Magistrates (Malta) 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 Golovanova Elena (62N02572790), ofApartment 4, Pegasus Court, Triq il-Klarissi, San Ġiljan, on the 22nd February, 2012 the Commisssioner of Inland Revenue of 46, Merchants Street, Valletta, calls upon you so that within two days you pay the sum of €3,261.12 due as for €1,630.56 as arrears of tax on documents and transfers, and as for €1,630.56 as additional tax or interest according to the Demand Note for Payment here attached and marked as Doc C.
As you failed to pay the amount due dispite of the demand for payment that was made to you (see the same Doc C above mentioned), the interpellant warns you that if you fail to pay the amount due in the time given, he shall proceed for the the execution of the title obtained in terms of Article 60A of the Act regarding the Tax on Documents and Transfers (Cap. 364 of the Laws of Malta).
Pay also the costs of this Act.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 157
157By means of a decree given by Courts of Magistrates (Malta), on the 27th November, 2013 in the records of the judicial letter number 2568/13, in the names Michael Attard Ltdvs Mary Claire Portelli et, the following publication was ordered 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 Mary Claire Portelli (ID 322572M) of98, Triq Santa Liena, Birkirkara, and Anthony Portelli (ID 458660M), of 98, Triq Santa Liena, Birkirkara,on the 21st August, 2013 Michael Attard Ltd (C 32362) of Attard Building,National Road, Blata l-Bajda, calls upon you so that within two days from the date of service of this judicial act you pay the sum of €2,215.80 representing import of fifteen (15) bills of exchange signed by you, which bills of exchange lapsedon the 24th May, 2012, 24th June, 2012, 24th July, 2012, 24th August, 2012, 24th September, 2012, 24th October, 2012, 24th November, 2012, 24th December, 2012, 24th January, 2013, 24th February, 2013, 24th March, 2013, 24th April, 2013, 24th May, 2013, 24th June, 2013, and 24th July, 2013, but are still not paid for to the interpellant company which is still your creditor in the amount of €2,215.80 and this besides the interest from the date of each bill of exchange till the date of effective payment.
By means of this present, the interpellant companyis rendering executable its executive title here under indicated and this in terms of Article 253 (e)Cap. 12 of the Laws of Malta.
For all intents and purposes of law, you are being informed that in terms of Article 253 (e)Cap. 12 of the Laws of Malta, you have the right that within twenty (20) days from the date ofservice of this act,you will present an application to oppose the execution of these bills of exchange.
If you fail to abide with this calling, the interpellant company shall pass to execute its executive titles, and this in terms of Article 256 (2) Cap. 12 of the Laws of Malta.
This official letter is requested in terms of Article 256 (2) Cap. 12 of the Laws of Malta.
With costs and besides the interests from the due date of the bills of exchange till the date of effective payment.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 158
158By means of a decree given on the 21st January, 2014 by the Rent Regulation Board, in the records of the Warrant of Eviction number 1/2014, in the names David Caruana vs Mustafa Abuseadah, 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 filed in the Rent Regulation Board, in the names David Caruana and his wife Rose Caruana (ID 853 M) and (ID 381954M) respectively,on the 2nd January, 2014 the applicants David Caruana and his wife Rose Caruana asked this Honourable Court to issue a Warrant of Eviction against the respondent (from the under mentionedpremises), in execution of the under mentioned judgement, and whereas the respondentfailed to do this till this day.
Premises: Seaview Court B, 168, Apartment 1, Triq is-Salib, Mellieħa.
Judgement: Application number 99/2013, David and his wife Rose Caruana vs Mustafa Abuseadah, decided 28th November, 2013 and which has become res judicata.
Sgd. Advocate Robert Abela.
Sgd. PL Gerald Bonello.
Filed by PL Gerald Bonello with one doc.
Warrant of Eviction.
Republic of Malta.
To the Court Marshalls.
And after doing this or if you encounter any difficultyin the execution of this warrant, you are to inform this Court forthwith.
Given by the Rent Regulation Board by Magistrate Dr Giovanni Grixti LL.D. Doctor of Laws.
Adv. Frank Porteli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 159
159By a decree of the Court of Magistrates (Malta), of the 8th January, 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).
Michael Attard Limited (C 32362)ofNational Road, Blata l-Bajda,filed a Claim on the 6th November, 2013 whereby they asked the Court to condemn Simon Bugeja (ID 250470M), and Rita Bugeja (ID 38468M), ofSanta Marija, Triq l-Għeneb, Żebbuġ,to pay the plaintiff company the sum of €8,035.08 which amount is due to the plaintiff company.
With costs andinterests.
The case (Notice Number 350/13CSH) is put off to the 12th February, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 160
160By a decree of the Small Claims Tribunal, of 2nd December, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C 22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 29th October, 2013 whereby they asked the Tribunal to condemn Ianiello Aniello (ID 59126A), ofEarl’s Court, Flat 6, Triq L Graham, Sliema, to pay the plaintiff company the sum of€723.13, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 710/13NHV) is put off on the 25th February, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 161
161By a decree of the 20th September, 2013 given by the Court of the Magistrates, 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).
That by the application filed by Herman Magro et, on the 8th August, 2012 is asking for the withdrawal of the amount of €1,271.07 deposited by the Schedule of Deposit number 1158/03 in the names of Herman Magro et vs Anthony Ellul et.
Marvic Farrugia
For the Registrar of Courts and Civil Tribunals
Notice 162
162By means of a decree given by the First Hall Civil Court, on the 5th December, 2013 in the records of the Sworn Application, in the names Cuschieri Joseph et vs Deputy Curators noe, application number 842/12 JRM, the following publication was ordered for the purpose of service of Advocate Leon Bencini, in terms of Article 187 (3) et of Cap. 12.
By means of a Very Urgent Application filed in the records of the Sworn Application, number 842/12JRM, in the names Joseph (ID 258754M) and Carmen (ID 60756M), spouses Cuschieri vs Dr Martin Fenech and Legal Procurator Luisa Tufigno, as Deputy Curators et, the applicant Advocate Dr Emmanuel, sive Emmy D Bezzina respectfully pleaded and confirmed under oath:
1. That the applicant received a communication from Advocate Dr Joseph Carmel Chetcuti who represents the Advocates Firm Lygon Street Legal Services, of 585, Lygon Street, North Carlton, Victoria 3054, in Australia.
2. That the applicant was informed that eleven clients of Advocate Joseph Carmel Chetcuti, in Australia, and which reside in Australia came to know about the present procedures in the names as above indicated in this Sworn Application number 842/12 JRM.
3. That the persons indicated by Advocate Joseph Carmel Chetcuti to Dr Emmy Bezzina are the following: Dorothy Gauci, John Cassar, Dianne Paradowski, Andrew Vassallo, John Vassallo, Mary Brown, Maria Dolores King, Charlie Vassallo, Emanuel Vassallo, Anthony Vassallo and Vincent Vassallo, in all eleven persons who are all resident in Australia and have a direct interest in this cause.
4. That the common notification of these eleven persons has to be made in the Office of Advocate Joseph Carmel Chetcuti, at the address Lygon Street Legal Services, of 585, Lygon Street, North Carlton, Victoria 3054, in Australia.
5. That the purpose and principal objective of this Application is that these eleven persons are appointing the undersigned Advocate Dr Emmanuel D Bezzina to represent their legal and factual interests in the Maltese Islands ...omissis... on the basis of Article 960 of Cap. 12 of the Laws of Malta.
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6. That the same eleven persons through their representative Advocate Dr Emmanuel D Bezzina are reserving to utilise the provisions of Article 961 as they are upholding that they came to know about these procedures from a discrete investigation they carried out.
7.That keeping in view the urgency of this cause which has now been commenced and exactly on Tuesday, 8th October, 2013 there shall be the fourth sitting before this Court as presidedthese eleven persons through their Lawyer in Australia, Dr Joseph Chetcuti contacted and appointed Advocate Dr Emmanuel D Bezzina so that he can represent them in Malta.
8. That naturally reference is also being made to Article 962 of Cap. 12 of the Laws of Malta.
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9. That particularly these eleven persons wish that Dr Leo Bencini, the lawyer who is already appearingon behalf of some respondents/defendants in this cause should be called into the cause ...omissis... and this on the basis of Article 962 of Cap. 12 of the Laws of Malta.
10. That this Honourable Court understands with all respect in the circumstances that before the matter as to who is representing who is superseded there can be roomfor a formal correction in the heading of this cause.
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11. That there is a great responsibility also that effectively inthelightoftheApplicationof the spouses Joseph(ID 258754M) and Carmen (ID 60756M), spouses Cuschieri of the 5th June, 2013 signed by Advocate Matthew Bondin and Legal Procurator Joeline Pace Ciscaldi, that the share of theApplicants/Plaintiffs spouses Cuschieri is much less than five out of ninety (5/90) undivided part of the field ta’ Merikk, in the limits of Naxxar.
Very Urgent Demands.
12.That thus this mostHonourable Court with reference to the content in its entirety of the present Urgent Application, filed today Tuesday, 24th September, 2013 at 8.15 a.m with reference to the five pages of the documents hereby attached Doc JCC whereby there are indicated the eleven personswho want Advocate Dr Emmanuel D Bezzina to represent them in these procedures with reference to all this most Honourable Court is humbly being asked to evaluate, direct, declare and order that:
(a) That in the first place this most Honourable Court is humbly asked to suspend its directive in the last minutes before this most Honourable Court, before the adjournment to the day of Tuesday, 8th October, 2013.
(b) That in the second place this Honourable Court orders Advocate Dr Leo, sive Leon Bencini, and Dr Mark Simiana to declare preciselywith the details of addresses and official identification who they are exactly representing.
(c) That furthermore this Most Honourable Court is being asked so that with reference to the documents hereby attached Doc JCC1 on the basis of Article 960 of Cap. 12 of the Laws of Malta, it includes in statu et terminis the following persons whose details are to be found in Document JCC1.
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(d) That this Court authorises Advocate Dr Emmy D Bezzina so that following the express wish of these eleven persons indicated in the preceeding demand, the same Advocate Dr Emmanuel D Bezzina can represent directly or indirectly all the interest of these eleven persons.
(e) With reference to the preceeding two demands reference is to be made to Article 962 of Cap. 12 of the Laws of Malta.
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(f) That there should be called into the cause also on the basis of Article 961 of Cap. 12 of the Laws of Malta Advocate Dr Leo, sive Leone Bencini, and this on the basis of that declared by the spouses Cuschieri in various acts presented before this most Honourable Court.
(g) That this Honourable Court is being asked to authorise each one of these eleven persons which are demanding on the basis of Article 960 that they be included in statu et terminis in this cause that each one of them be authorised to presentan Affidavit through the legal Consultant Dr Emmanuel, sive Emmy D Bezzina, and this so that this most Honourable Court shall have a more clear pictureregarding the interest that these eleven persons have in this cause.
(h) That this mostHonourable Court should give those directives, orders and provisions which it deems fit and opportune in the circumstancesnot only in order to establish exactly who is representing who but if necessary should that the Court investigatewhy the applicant plaintiffswho knew more details did not provide in the Sworn Application all the details they knew.
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13. So much has the applicant Advocate Dr Emmanuel, sive Emmy D Bezzina to submit to this most Honourable Court, on the basis of the information which he received through the foreign firm of Lawyers managed by Dr Joseph Carmel Chetcuti in his firm Lygon Street Legal Services, of 585, Lygon Street, North Carlton, Victoria 3054, in Australia.
In virtue of this decree above mentioned, of the 5th December, 2013 the Court also authorised Advocate Leon Bencini be notified with the application of the 30th September, and this in term also of Article 187 (3) ofCap. 12 of the Laws of Malta.
By means of a Very Urgent Application filed in the records of the Application above mentioned number 842/12 JRM, Joseph Cuschieri et vs Dr. Martin Fenech et, Advocate Dr Emmanuel, sive Emmy D Bezzina nominerespectfully pleaded and confirmed under oath:
1. That the applicant refers to the Application he filed on Tuesday 24th September, 2013 at 8.15 a.m.
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2. That six and a quarter hours after the filing of this application EDB Law Firm & Associates, represented by Advocate Emmanuel, sive Emmy D Bezzina, received a parcel by means of DHL from Australia, which contained two documents. That as regards this last document, an application apart shall be madeand which was filed on Tuesday 1st October, 2013. Today this Application is being made on the basis of the document dated 27th August, 2013.
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3. That this is the second Application that the applicant is filing in this cause and confirms its contents under oath.
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5. That the analysis of this Document JCC 2 indicatedthat in the letter addressed to Advocate Dr Emmy D Bezzina, there is the source of this document or rather Lygon Street Legal Services, represented by Advocate Joseph Carmel Chetcuti.
6. That this document JCC2 clearly indicates who Lygon Street Legal Services is representing.
7.There is also reference to another Lawyer in this present cause who is allegedlyrepresenting sixty two personsor rather a letter sent by Advocate Dr Leo, sive Leon Bencini, on the 19th October, 2012 which indicates that it shall be useful for the transparency of justice in this cause that Dr Leon Bencini be called into the cause.
8. That document JCC 2 hereby attached gives very clearly and in detail the background to this cause, and thus indicated the connection between the eleven persons which asked to intervene through the undersigned Lawyer and the merit of the present cause.
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9. That besides the applicants/plaintiffs spouses Cuschieri should indicate to the Court why they who appear to have been supplied with more details and facts then they appeared to have when they filed the cause, did not supply the Courts with these details.
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10. That the present document JCC2 gives information how Advocate Dr Leo, sive Leon Bencini, was appointed and how Advocate Dr Mark Simiana was appointed.
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11. That the document JCC2 then explains the role of the legal firm Lygon Street Legal Services in this sector and the brief they were given.
12. That the prospective joinders on the basis of the Application of Tuesday, 24th September, 2013also asked to be given a copy of the will and a valuation of the property.
13. That it is important thus that for example Dr Leo, sive Leon Bencini, explains to the Court the connection between his 62 clients as declared to the Court, with the merit of this cause, that Dr Mark Simiana does the same ...omissis... and the applicant Cuschieri explain why they failed to supply the Court with details of facts which it appears clearly that they knew.
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14. That thus the prospective joinders in this cause on the basis of the Application of Tuesday, 24th September, 2013 are asking the Court to suspend the procedures so that the necessary investigations be made.
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16. That one also finds a letter dated 19th April, 2013 sent to Advocate Mark Simiana and and these from amongst the eleven personswho filed an application through Advocate Dr Emmanuel D Bezzina on Tuesday 24th September, 2013.
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18. That there is a document whereby allegedly the field is to be found and three contracts that the applicants/Plaintiffsused to file this cause on the 23rd of February, 2012.
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21.Thus on the basis of this document JCC 2 with the details and all the references it contains, as briefly indicated in the preceeding paragraphs, this most Honourable Court is being humbly asked even inthe light of the Application filed on Tuesday, 24th September, 2013 by means of document JCC1 that after this most Honourable Court confirm the joinder in the cause of these eleven persons as indicated with all the details this most Honourable Court in the circumstances declare, point out and order that the demands made in this applicationand under this demand number twenty one (21) from demand (a) to demand (k).
22. So much has the undersigned Applicant nomine to submit to the superior judgement of this most Honourable Court.
Notify: 1...........omissis...........
2. Advocate Dr Leo, sive Leon, sive Leone Bencini LL.D. 22, Wiehnacten, St Luke’s Road, Gwardamangia.
The Sworn Application in the names Cuschieri Joseph et vs Deputy Curators noe et, application number 842/12 JRM, has been put off for hearing to the 5th February, 2014 at 10.00 a.m.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunal
Notice 163
163It is hereby notified that by virtue of a decree given on the 28th January, 2014 the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant George Martin Catterall, of 8, Triq il-Mungbell, Marsalforn, Żebbug, Gozo, Malta, in terms of Article 187 (3) of Cap. 12 of the Laws of Malta.
The company Go p.l.c. (C 22334), of Triq Fra Diego, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo), Case number 50/2013 in re “Go p.l.c.vs George Martin Catterall”, on the 2nd December, 2013 wherein it requested the Tribunal to condemn the defendant George Martin Catterall to pay the plaintiff company the amount of €1,028.55 in connection with services with account numbers 40123946 and 40090050, together with costs, interest and legal expenses.
The hearing of this case is being deferred for the 28th February, 2014 at 10.30 a.m.
Jaclyn Magrin
Deputy Registrar
Notice 164
164By a decree of the Small Claims Tribunal, of the 30th September, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C 22334) ofSpencer Hill, Marsa, MRS 1950,filed a Claim on the 13th August, 2012 whereby they asked the Tribunal to condemn Sabria Bakoush (ID 533591M), of35, Triq l-Isptar, Il-Belt Valletta, and/or 60, Flat 1, Triq l-Isptar, Il-Belt Valletta,to pay the plaintiff company the sum of €1,189.84 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 555/12NHV) is put off on the 4th February, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 165
165It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision ofNotarial Acts, by a Decree dated the 14th of January, 2014 and this after a written plea numbered 173/2013 ordered:
The correction of the Act ofMarriage of Sam and Carmela Cutajar, bearing number 247 of the year 1974, under the columns entitled “Name and Surname”,the name of thehusband “Salvu Cutajar” is to be cancelled, and substituted with the name “Sam Cutajar”, while under the colomns entitled“Name and Surname”, the name of the wife “Karmni Xerri” is to be cancelled and substituted with the name “Carmela Xerri”.
Mary Josette MusÙ
For the Registrar Court of Revision of Notarial Acts
Notice 166
166By means of a decree given on the 15th January, 2014 by the Rent Regulation Board, in the records of the Application in terms of Article 1548A of Cap. 16, in the names Maurice Overend et noe vs Fiorentina Darmenia-Jochimsen et, the following publication was ordered for the purpose of service of the respondents in terms of Article 187 (3) et seq. ofCap. 12.
By means of an Application filed in the Rent Regulation Board, in terms of Article 1548 A ofCap. 16, in the records of the Decree of the 5th December, 2013 in the names Maurice Overend, in his own name and as mandatary of Arturo, sive Arthur Overend, who is abroad, and Violetta, sive Violet Piccinino vs Fiorentina Darmenia-Jochimsen and Kai Jochimsen for any interest he may have, on the 17th December, 2013 the applicant Maurice Overend (ID 393837M) proprio et nomine, and of Violetta, sive Violet Piccinino (ID 125330M) respectfully pleaded:
That on the 5th November, 2013 about one and a half months ago, the interpellants filed the original application where after they premised that the respondent Fiorentina Darmenia-Jochimsen grants on lease the premises or rather garage internally marked with number ten (10), which she accedes to from an entrance with number 148, in Triq Sant’ Elena, Sliema, and this for a period of three (3) years from the 3rd April, 2012 till the 2nd April, 2015 towards the rent of (€2,500) for the whole period of three (3) years paid in advance, and that the preceding owner was Maria Carmela, sive Mary Carmen Abela, widow of Overend, daughter of the late Luigi Gusman and Margherita née Grech, who died on the 26th April, 2013 and who was inherited by her only living son Fr Eric Overend, who died only two days after his mother and namely on the 28th April, 2013 and he was inherited by the said applicants and his hereditary estate includes amongst others the premises leased to the respondent and slightly after the death of the said Mary Carmen Abela and Fr Eric Overend and namely on the 13th May, 2013 a letter was left amongst others to the respondentsigned inter alia by Advocate Dr Jennifer Cosaitis, whereby the occupant was asked to give details regarding the premises occupied by her, which letter was left unanswered ...omissis... and after one of the applicants was near the said garage and heard and realised that inside the said premises structural work is being carried out he went near the said premisesand amongst others the respondent came out to talk to him and she informed him that structural work was being carried out and he demanded but was denied access to see the premises ...omissis ... but on the 1st November, 2013 work continued to be carried out in the same premises leased and this without the owner’s consentand without the relative permisions of the competent authorities ...omissis... the applicants asked this Honourable Rent Regulation Board to be given access to the premises leased to the respondent, and for this purpose asked this Honourable Board to provide by fixing days, times and conditions it deems fit for this purpose, amongst whichthat the access given to the applicants and the Architect of their choice, that they be authorised inter alia to take photos and measurements of the premises leased with costs.
That this Honourable Board by means of its decree of the 5th December, 2013 upheld the applicant’s demands, fixed thesaidaccessforMonday 16thDecember, 2013 at 3.00 p.m.
...........omissis...........
That yesterday Monday 16th December, 2013 from about 2.45 p.m., there was present Maurice Overend and Architect Edgar Caruana Montaldo, and in the presence of the undersigned Lawyer and Ivan Overend, although we knocked on the door of the said garage which was locked, the respondents did not appear.
Thatthis behaviour on the part of the respondents is abusive, and is prejudicing the interests of the applicants.
That the applicants still have an interestthat they or their representatives together with their Architect and Lawyer be granted access to the said premises.
Thus the applicants humbly pray that this HonourableRent Regulation Board further provides to its decree of the 5th December, 2013 in the light of the behaviour of the respondents and so that any access ordered by the same Board can effectively take place in the presence or not of the respondents according to the case, if necessary by means of forced entry according to the orders and opportune provisions of this Honourable Board.
In virtue of the same decree of the 15th January, 2014 the Court orderedthat a translation in English of the Application above mentioned and attached to the said Application be notified to the respondents, and thus this publication is to serve as service in regard to the respondents with the said translation.
In the Rent Regulation Board.
Magistrate Dr Giovanni Grixti.
Maurice Overend et noe versus Fiorentina Darmenia-Jochimsen et.
The Board
Having seen the application
Orders that it be notified upon the respondents who are to file a reply within 48 hours.
Sgd. Dep. Registrar.
Applicant: 61, Triq Nicolo Isouard, Sliema.
Respondents: 183/2 Rudolph Street, Sliema.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 167
167By a decree of the Small Claims Tribunal, ofthe 19th November, 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).
Mobisle Communications Limited(C 24655) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 9th July, 2013 whereby they asked the Tribunal to condemn Tedesco Joanne Catherine (ID 414689M), of65, Triq San Ġużepp, Paola,to pay the plaintiff company the sum of€752.62, which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 406/13KPS) is put off on the 5th February, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 168
168By a decree of the Small Claims Tribunal, of the 2nd December, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C 22334) ofTriq Fra Diego, Marsa, MRS 1501,filed a Claim on the 19th September, 2013 whereby they asked the Tribunal to condemn Jill Churchill (ID 40112A), of115, Sincerely, Flat 1, Telgħet Gwardamanġa, Pietà,to pay the plaintiff company the sum of€331.64, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 554/13NHV) is put off on the 4th February, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 169
169By a decree of the Small Claims Tribunal, of the 7th October, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Go p.l.c. (C 22334) ofTriq Fra Diego, Marsa, MRS1501,filed a Claim on the 26th June, 2013 whereby they asked the Tribunal to condemn Zsolt Soos Istvan (ID 56400A), of30, Hollyhurst, Triq Santa Margherita, Sliema,to pay the plaintiff company the sum of€694.15, which amount is due to the plaintiff company.
With costs andlegal interests.
The case (Claim Number 394/13KPS) is put off on the 5th February, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 170
170NOTICE
Whereas the plaintiff Francis Abela (ID 454942M) filed an application under oath (No. 4/14RGM), demanding Correction in the Act of Birth of Joan Salvina Emanuela Miggiani number 2856/1968 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.
Cora Azzopardi
For the Registrar Civil Courts and Tribunals
Bann for Curators
171Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 5th July,2010 following a request of Joseph Zahra, it was ordered that deputy curators be chosen to represent Giovanni Bezzina or his heirs in the records of the Schedule of Deposit and redemption of Groundrentin the names Joseph Zahra 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 Joseph Zahra (ID 770757M) unemployed, son of unknown father and Rebecca Zahra, born and residing in Saint Julians vs Mary Camilleri (ID 563825M), widow of Colonel Edwin Camilleri, daughter of the late Dr Giuseppe Pace and Giuseppina née Cavarra, born in Sliema, in representation of the inheritance of the same Dr Giuseppe Pace, and residing at 184/2, Tower Road, Sliema, and Mary Doris Farrugia, wife of Joseph Farrugia, daughter of Joseph Tartaglia and Emilia née Spiteri, born in Marsa and residing in Ħamrun, in representation of the inheritance of Vincenzo Spiteri and Deputy Curators to represent Giovanni Bezzina or his estate, on the 25th June, 2010 the depositor Joseph Zahra (ID 770757M), residing in Saint Julians, respectfully pleaded:
That in virtue of a deed in the records of Notary Joseph Vassallo Agius, of the 30th December, 1998 the interpellant acquired the house with official number eight (8), ‘Maryanne House’, Spinola Road, Saint Julians, subject to the annual and perpetual subgroundrent which in the contract mentioned was indicated as amounting to €32.15.
That in fact the subgroundrent in question had to be €30.75, and this as results from the calculation of the partition of the groundrent and subgroundrenton the area of the house in question, and particularly from the contract of the 13th July, 1948 of Notary Schembri hereby attached.
That according to the said contract,it results that the house in question of the area of circa 66 square canes is subject to the subgroundrent of Euro 11.53c, payable to Dr Giuseppe Pace, whilst the original groundrent amounts to Eur 19.22c, and is payable to Giovanni Bezzina and the heirs of Vincenzo Spiteri.
That the respondent Mary Camilleri is the heir of the said Dr Giuseppe Pace and is known.
That the respondent Mary Doris Farrugia is the heir of the said Vincenzo Spiteri and is known.
That however Giovanni Bezzina or his heirs are not known, and thus the interpellants are by means of the present schedule of redemption redeeming the groundrent and the subgroundrent against Mary Camilleri in representation of the inheritance of the deceased Dr Giuseppe Pace, as well as Mary Doris Farrugia, in representation of the inheritance of Vincenzo Spiteri respectively, is also together with this schedule filing an application for the appointment of deputy curators to represent Giovanni Bezzina or his unknown heirs in the records of this schedule and in the other subsequent acts.
That the interpellantwishes to avail himself from the faculty given to him under Article 1501 of Cap. 16 of the Laws of Malta, and is depositing the sum of Euro 230.60c, representing the redemption of groundrent of Euro 11.53c, capitalised at 5% to Mary Camilleri in her capacity premised, as well as deposting the sum of Euro 394.40c half of them payable to Mary Doris Farrugia in her capacity premised, and half to Giovanni Bezzina or his heirs, which sums together can be freely withdrawn by who is entitled to them against the release of the due receipt according to law.
Depositor: 79, Spinola Road, St Julians.
Respondents: (1) Mary Camilleri, 184/2, Tower Road, Sliema.
(2) Mary Doris Farrugia, 118, St Anthony, Mountbatten Street, Ħamrun.
(3) Deputy Curators.
Further Notice:Director Public Registry, Casa Bolino, Triq il-Punent, Valletta. (two services).
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 Hallabove mentioned with the witness of the Hon. Mr Justice Joseph R. MicallefLL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 172
172It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision ofNotarial Acts, by a Decree dated the 22nd day of January, 2014 and this after a written plea numbered 146/2013, ordered the correction of the Act of Marriage of Paul and Mary Assunta Scicluna, bearing number 68 of the year 1981, under the columns entitled “Name and Surname of The Husband”, “Particulars respecting the Witnesses who attended at the solemnisation of the marriage”, “Parents of the married couple, name and surname whether living or dead”, “Name and Surname of the father and whether living or dead”, wherever there is the surname “Xicluna” is to be cancelled, and substituted with the correct surname “Scicluna”.
Mary Josette Musù
For the Registrar Court of Revision of Notarial Acts
Notice 173
173By a decree of the Court of Magistrates (Malta), of the 8th January, 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, filed a Claim on the 16th September, 2013 whereby they asked the Court to condemn Pierre Falzon (ID 535060M), of29, Swansea Court, Flat 1, Triq it-Tempesta, San Pawl il-Baħar,to pay the plaintiff company the sum of €3,982.04 which amount is due to the plaintiff company.
With costs andinterests.
The case (Application Number 275/13CSH) is put off to the 12th February, 2014 at 9.00 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Bann for Curators
174Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 5th November, 2012following a request of Balluta Terrace Company Limited, itwas ordered that deputy curators be chosen to representthe unknown owners of Sister Maria Tereża Schembri, inthe records of the Schedule of Deposit and Contextual Redemption of Groundrent in the names Balluta Terrace Company Limited 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 Balluta Terrace Company Limited, a commercial partnership registered with registration number C 41683 vs deputy curators appointed to represent the unknown owners of Sister Maria Tereża Schembri, in the world known as Luisa Schembri, daughter of Francesco Saverio Schembri, born in Valletta and residing in Casal Paola, on the 24th October, 2012thecompanyBallutaTerraceCompanyLimited (C 41683) respectfully pleaded:
That it is the owner of three divided portions of land forming part of the land known as ‘Tal-Ballut’, the Slope of St Julians, St Julians, which portions consist in the following: (i) a plot of the size of circa 736 square metres;(ii) plot of circa 237.26 square metres; (iii) a plot of the size of circa 228.64 square metres, which plots are contiguous to each other and together border on the North with Saint Julian’s Terrace, on the South and South East with property of Family Peralta, and on North West and on the West with Villa Rocky Vale, property of the same interpellant company or more correct boundaries.
That the interpellant company acquired the said portions of land by means of two contracts in the records of Notary Ian Castaldi Paris, both of the 17th July, 2009.
That the said lands together are burdened with their rate of a larger annual global groundrent of €11.65, which groundrent burdens the territory named tal-Ballut, of the original global area of circa 6,482.31 square metres.
That thus the share pro rata of the said groundrent which burdens the lands property of the applicant company above described amounts to €2.16.
That the applicant company wants to redeem the said annual and perpetual groundrent in the amount of €2.16, which capitalised at the rate of 5% amounts to the sum of €43.20, which sum is being deposited by the applicant company to be freely withdrawn after the due receipt according to law is left.
Interpellant: 168, The Strand, Gżira.
Respondents: Deputy Curators.
Services: Director Public Registry, Merchants Street, Valletta. (two copies).
Director Land Registry, 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 R. MicallefLL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar Civil Courts and Tribunals
Notice 175
175By a decree of the Small Claims Tribunal, ofthe 23rd October, 2013 the publication of the following extract was ordered for the purpose of service in terms of Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
Patrick Pace (ID 317263M) carrying on trade under the name APA Import/Export ofM Gużeppi Schembri Street, Tarxien,filed a Claim on the 13th September, 2013 whereby they asked the Tribunal to condemn Cities Entertainment Limited (C 16222), ofnumber 34, The Great Siege of Malta, Café Premier Complex, Republic Street, Valletta,to pay the plaintiff nomine the sum of€3,322.43 which amount is due to the plaintiff nomine.
With costs and legal interests.
The case (Claim Number 509/13DMA) is put off on the 7th February, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 176
176By a decree of the Small Claims Tribunal, ofthe 5th October, 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).
Albert FS Manduca Limited (C 247) of229/230, Triq San Pawl, Valletta, VLT 09,filed a Claim on the 1st October, 2013 whereby they asked the Tribunal to condemn Joseph Pace Vincenti (ID 133858M), under the commercial name of Suqlandia Confectionery, of 7, Flat 4, Triq Ball, San Ġiljan, to pay the plaintiff company the sum of €2,563.62 which amount is due to the plaintiff company.
With costs.
The case (Claim Number 627/13VG) is put off on the 5th February, 2014 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals