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Court Notices published in Govt. Gazette No. 19,271 of 24th June 2014
01/01/2014
Bann for Curators
998Republic of Malta
To the Court Marshall
By means of a decree given by this Court, on the 29th May, 2014 following a request of Alex Friggieri pro et nomine, it was ordered that deputy curators be chosen to represent the successors in title of the superior owner the deceased Carmelo Micallef, in the records of the schedule of redemption of groundrent 658/14, in the names Alex Friggieri vs Deputy Curators, and in the relative and subsequent acts.
By means of a Schedule of Deposit and redemption of groundrent of KAC Properties Limited (C 34116), filed in the First Hall Civil Court, in the names Alex Friggieri, son of the late Edward and Agnes née Borg, born in Sliema and residing at Flat 23, ‘Forest Court’, Mensija Street, St Julians, holder of identity card number 125949(M), in the name and in representation of the company KAC Properties Limited (C 34116), which has its registered office at 30, Belvedere Street, Gżira, as duly authorised to appear according to the Memorandum and Articles of Association of the same said company vs Deputy Curators to representthe successors in title of the superior owner, the deceased Carmelo Micallef, son of Angelo, born in Cospicua and residing in Valletta, on the 28th May, 2014 the company KAC Properties Limited (C 34116) respectfully pleaded:
That the interpellant company KAC Properties Limited (C 34116), bought and acquired by means of a public deed registered in the notarial deeds of Notary Dr Tonio Spiteri, the property which consists in a house with annexed garage which bears the name ‘Mayjo’, numbers twenty four and twenty five (24 and 25), in Triq Ġużè Howard, Sliema,which except for the annual and perpetualgroundrent burdening the same property is otherwise free and unencumbered, with all its rights and appurtenances, including the relative airspace and basement by Marie Bernardette, wife of Carmelo, sive Charles Cassar, daughter of the late Alfio George Pace, born in Saint Julians and residing in Madliena, limits of Għargħur, holder of identitycard number 212847(M), in the name and in representation of the company Champalin Company Limited (C 2049), which has a registered office in ‘Villa Champalin’, Triq il-Prekursur, High Ridge, Swieqi, in her capacity of sole director as duly authorised by the Memorandum and Articles of Association of the same company, which deed was published on the eleventh of June, of the year two thousand and four (11.6.2004), and subsequently registered with the Director Public Registry, on the first of July, of the year two thousand and four (1.7.2004), with public registry number 10724/2004.
That the above mentioned premises is subject to the annual and perpetual groundrent of (€20.50), constituted in favour of the superior owner Carmelo Micallef, that the interpellants wish to redeem this groundrent in terms of Article 1501 of Cap. 16 of the Laws of Malta, and thus are depositing the sum of (€409.97), which represents the said groundrent capitalised at the rate of 5% to be freely withdrawn by the respondents after the due receipt is left.
Interpellant: KAC Properties Limited, c/o 205/1, Vincenti Buildings, Old Bakery Street, Valletta.
Respondents: Deputy Curators in representation of thesuccessors in title of the superior owner Carmelo Micallef.
Notify: 1. Director Public Registry, Triq il-Merkanti, Valletta.
2. Deputy Curators.
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. Madame Justice Jacqueline Padovani Grima LLD, LLM (IMLI)
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 999
999By means of a decree given on the 10th June, 2014 by the Court of Appeal, in the records of the Application filed with Urgency, in the names Director of the Department for Standards in Social Welfare vs Lara Maria Merlevede née Borg St John, Application number 396/12, the following publication was ordered for the purpose of service of Lara Maria Merlevede née Borg St John in terms of Article 187 (3) et. seq. of Cap. 12.
By means of an Application with Urgency filed in the Court of Appeal, Application Number 396/12, the Director of the Department for Social Welfare Standards vs Lara Maria Merlevede née Borg St John, on the 23rd May, 2014 the applicant Director of the Department for Social Welfare Standards respectfully pleaded:
That by means of an application filed on the 22nd April, 2014 the applicant humbly asked this Honourable Court to rescind and cancel the judgement of this Honourable Court of the 31st January, 2014 in the names Director of the Department for Social Welfare Standards vs Lara Maria Merelevede née Borg St John (Civil Appeal Number 396/2012/1), and order consequently the new trial of the same cause according to law.
That the respondent Lara Maria Merlevede née Borg St John has not yet been notified with this application as although the Marshall went to her place of residence nobody opened for him.
That it is evident that the respondent is adopting once again the system she used when the applicant tried to notify herwith the original application, and namely that consistently and continually she avoided service of the application for a new trial in order to create further useless delay.
That infact it was only by means of the procedure of posting and publication in terms of Article 187 (3) of the Code of Organisation and Civil Procedure, that the respondent was notified with the original application, which procedure the respondenttried also to contest without success.
That this behaviour of the respondent is not etically correctand is being made only in contempt towards the best interest of the minors who have the right of access to the fatheraccording to the judgement given by the Honourable Court of Douai, in France, on the 19th April, 2012 which judgement as upheld by the applicant since the beginning of these procedures is automatically enforceable in Malta as providedby the Council Regulation (CE) No. 2201/2003.
Thus and for the reasons above brought forward, the applicant respectfully prays that this Honourable Court whilst upholding the request for urgency.
1. Orders the service of the same application for a new trial to be made outside the Legal time limits, including thevacation period and Saturday and Sunday.
2. Appoint this application for a new trial with urgencykeeping in view the fact that there already passed two years from the date when judgement was given by the same Court of Appeal to give access to Etienne Pierre Merlevede to their children, and the respondent consistently and continually refused to adhere herself with the same.
3. To take those provisions which it deems fit and opportune.
In the Court of Appeal
His Honour the Chief Justice Silvio Camilleri LLD
Hon. Mr Justice Giannino Caruana Demajo LLD
Hon. Mr Justice Noel Cuschieri LLD
Cit. No. 396/12
The Director of the Department for Social Welfare Standards vs Lara Maria Merlevede née Borg St John
The Court
Having seen the present application of the 23rd May, 2014.
Orders that it be notified upon the respondent if necessary outside the legal time limits who shall have two days to file a reply.
Sgd. Rose Marie Vella, Deputy Registrar
Service: 283 A, Main Street, Balzan
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1000
1000By a decree of the Small Claims Tribunal, ofthe 9th May, 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 Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 4th March, 2014 whereby they asked the Tribunal to condemn Mark Edward Andrews (ID 45229A), of 63, Frendo, Flat 5, Triq il-Parroċċa, Naxxar, to pay the plaintiff company the sum of€327.99, which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 158/14DMA) is deferred for the 2nd July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1001
1001By a decree of the Small Claims Tribunal, ofthe 9th May, 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).
Go plc (C 22334), ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 13th March, 2014 whereby they asked the Tribunal to condemn Guillin Alexia Anne-Gaelle Marie (ID 63202A), of Limerick, Flat 10, Triq il-Baċir, Imsida,to pay the plaintiff company the sum of €528.05, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 176/14DMA) is deferred for the 2nd July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1002
1002By means ofadecree given on the 27th May, 2014by the Court ofAppeal, in the records of the Appeal Application, in the names Christine Attard vs Advocate Anthony Cutajar et, application number 269/12, 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 Appeal Application, filed in the Court of Appeal, in the names Christine Attard against Advocate Anthony Cutajar and Legal Procurator Sacha Guillaimier, by a decree of the 22nd April, 2013 deputy curators were appointed to represent Aaron Paul Barber of English nationality and absent from these Islands (Decided Thursday, 21st October, 2013) on the 20th November, 2013 the applicant Advocate Dr Anthony Cutajar (ID 482768M) and Legal Procurator Sacha Guillaimier (ID 281373M) who by a decree of the 22nd April, 2013 were appointed deputy curators to represent Aaron Paul Barber of English nationality and absent from these Islands respectfully pleaded:
1. That by means of a sworn application introduced on the 9th November, 2012 for the motives explained in the premises of such application, the plaintiff asked the Civil Court (Family Section).
(i) To order that the care and custody of the minor ...omissis... be entrusted solely to the applicant, saving if it be the casethe fixing of days and times within which the respondent can visit the minor.
(ii) Order that every benefit or social assistance which shall be payable to the minor ...omissis... be solely given to the respondent.
(iii) To fix the amount of moneywhich is to be paid to the applicant from the respondent as reasonable compensation for all the time within which she had to provide for her daughter without any help or contribution on the part of the respondent.
(iv) Fix a weekly rate which the respondent is to be condemned to pay to the applicant as reasonable and adequate maintenance for ...omissis...
(v) Order that following the date of the judgement when the applicant shall go abroad with her daughter and evenwhen her minor daughter shall be going abroad school trips as happened in other occassions ...omissis... this may be made in virtue of the judgement given following this application.
(vi) The plaintiffdemanded all the costs of the judicial proceedings.
2. That the appellants brought forward a sworn reply which stated that ‘At this stage, the appellants are not aware of the facts and thus reserve to present a further reply at another stage of the procedures’.
3. That by means of a decision dated 31st October, 2013 the Court of First Instance decided the dispute by pronouncingthis decision.
For these reasons, this Court decides this cause by upholding the plaintiff’s demands.
...........omissis...........
Authorise the plaintiff so that alone and without the necessity of the signature of the father she may at all times apply alone apply for the issuing of a passport for the minor and withdraw it alone.
With costs against the defendant Aaron Paul Barberand the expenses of the deputy curators are to be paid provisionally by the plaintiff.
4. That such provision just reported verbatim was the result of the considerations which are brought in the judgement appealed, and shall not be repeated verbatim in the present Appeal Application.
5. That the defendant deputy curators now appellants felt aggrieved by this decision, and are thus filing this humble appeal before this Court of Appeal.
6. That the grievance merit of the present appeal refers only to the decision of the Honourable First Court in so far as this upheld the third and fourth demand of the applicant.
(a) That the first grievance which shall be discussed concerns the judgement in that part which upheld the fourth demand.
...........omissis...........
(b) That the second grievance that is being brought forward without prejudice to the first grievance concerns the judgement in that part where it upheld the third demand.
...........omissis...........
Besides this it is pointed out that the plaintiff’s demandfor reasonable compensation for all the time she had to provide for her daughter without any help or contribution on the part of the respondent, and this when the respondent left Malta in the year 2004 till the date of final judgement and not from the date ofbirth of the child which is the 27th September, 2003.
7. The appellants now pass on to debate in more depth and closely the grievances raised by them.
Regarding the First Grievance
8. By way of introduction it is noted ‘nel processo civile vige il cosi detto principio dispositivo in conseguenza del qualeil-giudice decide esclusivamente in base alle prove fornite in giudizio delle parti’ ...omissis... Even in the light of the principles upheld by our Courts that ‘quod not est in actis non est in mundo’ (Carmelo Zammit vs Kummissjoni għall-Kontroll tal-Iżvilupp Appell Kummerċjali 10th April, 1995).
9...........omissis...........
10...........omissis...........
11. Conformant with this doctrinal principles was the expression of the Court in the cause re Ignatius Busuttil vs Water Services Corporation (Inferior Appeal 12th January, 2005) whereby it was stated as it is peacefully known a tribunal with judicial functions cannot by no logical means or sense of justice base its judgement on gratuitous assertions, baseless conjuctures, or simply opinions when they are find no support on the basis of the proof.
12. In the light of that brought forward, it is the thesis of the present appellants that the Court of First Instance could not pass so that in default of concrete and tangibleproof but solely on the basis of arbitrio bono viri liquidate the monthly amount as maintenance.
13.A look at the proof brought forward by the respondent, then plaintiff shows a total absence at least of social and working background of the absent Aaron Paul Baker. This ommission in the light of the principlesabove brought forward could not (and could not) be ratified by the Court not even on the basis of arbitrio boni viri.
14. In support of the argument which is being brought forward by the appellants reference is made to the judgement Josephine Tawerghi vs Dr Anthony Cutajar noe (Family Court 27th October, 2011 36/11 NC) whereby it was held that as regards the maintenance due to the plaintiff, the Court observes that proof was not brought forward regarding the income of the defendant ...omissis... in this judgement it shall limit itself by affirmingthe right of the plaintiff to demand maintenance from the defendant as the party guilty for the separation if she shall not have adequate means.
15. It is humbly submitted that the same spirit should have animated the same Court in the present dispute.
Regarding the Second Grievance
16. That this Second Grievance is being brought forward without prejudice to the first one just discussed.
17. That the Honourable First Court after upholding that the absent Aaron Paul Baker had to pay the adequate maintenance to the plaintiff respondent for their daughter ...omissis... in the amount of €350 monthly, then in the judgement granted the lump sum of €42,000 from the date of birth (of ...omissis...) till this day (date of the judgement of First instance).
18. It is pointed out that the Court ofFirst Instance made this calculation despite thatthe demand was for reasonable compensation for all the time that she had to provide for her daughter without any help or contribution ...omissis... and not only from the date of birth of the child, and namely the 27th September, 2003.
19. That through this Appeal Application in virtue of Art. 2112 Civil Code they are raising the plea of prescription in terms of Art. 1256 (b) Civil Code which stated that the actions hereunder mentioned lapse after the prescription of five years ...omissis... This last grievance (extinctive prescription) was not brought about to the consideration of the Court of First Instance but was brought only as a grievance for the first time before this Court.
20. That the Court of First Instance granted the sum of €42,000 over a ten year period from the birth of ...omissis... till the date of the judgement.
21. That if ever and always without prejudice to the first grievance the Court of First Instance had to take into consideration the last 5 years before the introduction of the cause, and thus such compensation had to be calculated if ever with effect from the 9th November, 2007 and not from the date of birth of the baby.
22...........omissis...........
Thus whilst the applicant appellants refer to the witnesses and all the documents exhibited in the records reserve the right to bring forward witnesess, and further submissions according to law humbly pray that this Court of Appeal uphold the appeal by passing to cancel, annul and revoke the decision of the First Hall Civil Court of the 31st October, 2013 in the names above premised as demanded in this application.
Appellant: 16B, Main Street, Attard.
Respondent: 2, Flat 1, Triq Santa Klementina, Żurrieq.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1003
1003By means of a decree given by the First Hall Civil Court, on the 10th June, 2014 in the records of the Sworn Application, in the names Advocate Antonio Depasquale noe vs World Match Limited, application number 369/14 JRM, the following publication was ordered for the purpose of service of the defendant company 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 Advocate Antonio Depasquale (ID 382077M), as special mandatary of the company Aquilo S.A. (incorporated in the Republic of Panama with registration number 563356), vs World Match Limited, on the 2nd May, 2014 the applicant Advocate Antonio Depasquale noe asked the defendant company to state why this Honourable Court should not:
Declare that the company World Match Limited, a debtor of the company Aquilo S.A. in the amount of sixty thousand Euro (€60,000), consequently condemn the respondent company to pay the applicant the global sum of sixty thousand Euro (€60,000), as demanded in the application in terms of the agreement ‘Contratto di Licenza di Marchio’ dated 7th May, of the year 2007 between them.
With costs as demanded and commercial interests according to law till the date of effective payment against the respondent company summoned so that a reference to its evidence be made.
Applicant: City Legal, Britannia House, 8, Old Bakery Street, Valletta.
Service: The Mayfair Business Centre, Level 4, Triq Santu Wistin, St Julians.
The Sworn Application in the names Advocate Antonio Depasuale noe vs World Match Limited, application number 369/14 JRM, has been deferred for hearing to Thursday, 2nd October, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1004
1004By a decree of the Small Claims Tribunal, of the 6th May, 2014 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).
Frederick Olive (ID 0049537A), and his wife Marie José Germaine Simonne Olive (ID 0049536A), of107C, Triq Rodolfu, Tas-Sliema, filed a Claim on the 28th November, 2013 whereby they asked the Tribunal to condemn K.N.K. Air Conditioners Co Limited (C 17462), ta’ Dar it-Tuta, Triq ix-Xwieki, l-Iklin, to pay the plaintiffs the sum of €2,080 which amount is due to the plaintiffs.
With costs and legal interests.
The case (Claim Number 781/13YMS) is deferred for the 2nd July, 2014 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1005
1005By a decree of the Small Claims Tribunal, of the 9th May, 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).
Go plc (C 22334), ofTriq Fra Diego, Marsa MRS 1501,filed a Claim on the 3rd March, 2014 whereby they asked the Tribunal to condemn Ian Cacciattolo (ID 447085M), of 11B, Triq in-Nazzareno, Ħamrun, to pay the plaintiff company the sum of €576.85, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 128/14DMA) is deferred for the 2nd July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1006
1006By a decree of the Small Claims Tribunal, of the 9th May, 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).
Go plc (C 22334), of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 21st February, 2014 whereby they asked the Tribunal to condemn Mark Weatherall (ID 24913A), of Casa Trevonne, Triq il-Maddalena, Ħad-Dingli, and Adrienne Weatherall (ID 110493M), of Casa Trevonne, Triq il-Maddalena, Ħad-Dingli, to pay the plaintiff company the sum of €730.93, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 116/14DMA) is deferred for the 2nd July, 2014 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Court Warrant
1007By means of a decree given by the First Hall Civil Court, on the 10th June, 2014 in the records of the Warrant of Prohibitory Injunction, in the names Advent Lifts Services Limited vs PJPC Constructions Limited, Warrant of Prohibitory Injunction number 826/14 JZM, 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 (Applicant) Advent Lifts Services Limited (C 49676) vs (Respondent) PJPC Constructions Limited (C 10756), on the 3rd June, 2014 the applicant Advent Lifts Services Limited (C 49676) respectfully pleaded:
That the applicants in order to secure the credit hereunder mentioned against the respondent humbly ask this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent so that he be witheld from selling, alienating, transferring, or disposing inter vivos both by onerous or gratuitous title any property, and in particular the apartment internally marked number one (1), forming part of a block of apartments with official number (150), inMdina Road, Żebbuġ, Malta and which is situated on the level of the building known as level number zero (groundfloor), and which includes an undivided share of all the parts of the block as described in this Warrant, and as described in the contract in the records of the 6th June, of the year two thousand and thirteen, of Notary Dr Roberta Bisazza.
Thus, the applicant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction against the respondent.
Credit: The sum of nineteen thousand four hundred ninety-six Euro andfifteen cents (€19,496.15), representing balance of price due by the respondent company according to two private writings respectively dated 6th October, 2011 regarding the installation of a lift.
Title. Representing balance of price due by the respondent company to the applicant company according to two agreements respectively dated 6th October, 2011 regarding the installation of a left by the applicant company following instructions of the respondent company, which credit has already been demanded in judicial proceedings by means of a sworn application in the names above referred to (Doc A).
Sgd. Adv. Dr Philip M. Magri
Confirmed before me under oath after I read its contents, and in the presence of Mr R Farrugia with one doc.
Warrant of Prohibitory Injunction where the demand exceeds €9,317.49.
Republic of Malta
To the Court Marshall
Whereasthe above application has been filed, and there occur all the necessary elements required by law for the under mentioned orders.
And after doing this, or if you encounter any difficulties in the execution of this warrant, you are to inform this Court forthwith.
Given by the Civil Court First Hall with the evidence of the Hon. Mr Justice Joseph Zammit Mckeon LLD, Doctor of Laws.
Applicant: Advent Lifts Services Limited, 21, Triq Ħal Dwin, Żebbuġ.
Respondent: PJPC Constructions Limited, 5, Mqabba Road, Żurrieq.
Execution: (1) PJPC Constructions Limited, 5, Mqabba Road, Żurrieq.
(2) Land Registrar, Valletta.
(3) Director Public Registry, Valletta.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Tuesday, 3rd June, 2014 the Application Warrant Number 826/14 JZM, in the names Advent Lifts Services Ltd vs PJPC Constructions Ltd, was appointed for hearing on Monday, 16th June, 2014 at 1.45 p.m. and deferred for the 23rd June, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1008
1008By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th August, 2013 Application number 850/2013 by Esther Smith, Ian Joseph Smith, Bachelor, son of James David Smith and Esther née Vella, born in Dover, England, and residing in Dar tal-Madonna, Mellieħa, holding identity card number 351188(M), was Interdicted by means of a decree given on the 18th June, 2014.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 1009
1009By a decree given by the Civil Court First Hall, on the 17th June, 2014 on the application of Portelli Michael, Wednesday, 23rd July, 2014 at half past nine in the morning (9.30 a.m.), has been fixed for the Sale by Auctionto be held at AT10, Industrial Estate, Ħ’Attard, of the following items seized from the property of Ciantar Miriam.
Bedroom furniture, kitchen furniture, two sofas, glass table, microwave, oven, fridge freezer, steamer, convection oven, stereo, DVD, television, tables, chairs, units, frames and other objects.
N.B. The said objects will be sold as described in the acts of the judicial sales 10/14.
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
Bann for Curators
1010Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 29th April,2014 following a request of Marie Therese, sive Miriam Meli et, it was ordered that deputy curators be chosen to representthe unkown heirs and/or successors in title of Andrea Bugeja, Giovanni Bugeja and Emmanuel Borg and Antonio Cuschieri, Ditta Fratelli Coleiro and Camilla Claire Bonham, in the records of the Schedule of Redemption of Groundrent, in the names Marie Therese Meli et vs Deputy Curators, and in the relative and subsequents acts.
By means of a Schedule of Deposit and contextual redemption of groundrent filed in the First Hall Civil Court, in the names Marie Therese Meli née Darmanin, widow of Edwin Meli (ID 372925M), and daughter of the deceased Raffaele Darmanin who died on the 22/1/1938, and his wife Maria Stella Darmanin, who died on the 16/5/1968, and Alice Zammit Maempel née Darmanin married to Joseph Zammit Maempel (English Passport number 110793585),and daughter of the deceased Herbert Darmanin, who diedon the 29/10/1981, and his wife Mary Rose Darmanin, and Mary Rose Darmanin (ID 796835M) née Tortell, widow of Herbert Darmanin, who died on the 29/10/1981, and daughter of Gerald Tortell, and his wife Alice Tortell,and Tanya Hodder Decesare (ID 57641M), divorced wife of John Hodder, daughter of the deceased Gladys Decesare,who died on the 18/11/1981, and her husband Robert Decesareand MarleneDay née Decesare (holder of Maltese Passport number 964337), married to Paul Day anddaughter of Gladys Decesare, who diedon the 18/11/1981, and her husband Robert Decsareand Peter Decesare (ID 223554M), son of the late Gladys Decesare, who diedon the 18/11/1981, and her husband Robert Decesare, and married to Joanna Decesare and Brian Decesare (ID 980448M), married to Els Decesare son ofthe lateGladys Decesare, who died on 18/11/1981, and her husband Robert Decesare and Mariella Cubitt née Darmanin, married to Guy Cubitt (holder of ID 453354M), and daughter of the late Claire Darmanin and Edwin Darmanin, who died on the 28/5/2006, and Philip Darmanin(holder ofID641859M), and son of the late Claire Darmanin and Edwin Darmanin, who died on the 28/5/2006, and married to Amanda Darmanin, and Maria Louisa Portelli née Mallia Milanes(ID 57540M), married to Saviour Portelli daughter of the late Josephine Mallia Milanes, who died on the 24/3/2012, and her husband Wilfred Mallia Milanes and Victoria Bonello née Mallia Milanes (ID 183042M), married to Anthony Bonello, and daughter of the late Josephine Mallia Milanes and her husband Wilfred Mallia Milanes and Theresa Zammit Tabone née Mallia Milanes (ID 665650M), marriedto Lewis Zammit Tabona and daughter of the late Josephine Mallia Milanes and her husband Wildred Mallia Milanes vs Deputy Curators to represent the unknown owners or successors in title of Biagio Galea Testaferata, Marianna Gatt, Agnese Testaferrata Bonici and Ignazio Testaferrata siblings Galea Testaferata vs Deputy Curatorsto represent the unknown heirs/successors in title of Andrea Bugeja, Giovanni Bugeja and Emmanuele Borg and Antonio Cuschieri, Ditta Fratelli Coleiro and Camilla Claire Bonham, on the 28th April, 2014 the applicants Maria Therese, sive Miriam Meli, Alice Zammit Mampel, Theresa Zammit Tabona, Victoria Bonello, Maria Louisa, sive Marisa Portelli, Mary Rose Darmanin, Philip Darmanin, Mariella Cubitt, Tanya Hodder Decesare, Marlene Day, Peter Decesare and Brian Decesare respectfully pleaded:
(a) That together with the Application filed in the First Hall Civil Court, in the names above mentioned in order to appoint deputy curators to represent the unknown heirs or successors in title of Andrea Bugeja et on the 28th April, 2014 the applicants Marie Therese, sive Miriam Meli et, filed a Schedule of Redemption of Groundrent number 501/14 against the respondents whereby they asked that they avail themselves of the faculty granted to them by law to redeem the groundrent for the premises in Isouard Street, Sliema,today known as ‘Welcome Store’, with number ninety-three (93), and the overlying house number ninety-four (94), (attached plan Doc. A1), subject to theannual and perpetual groundrent of (€22.01), out of which (€12.58) represent original and perpetual gropundrent payable to the unknown heirs, and/or successors in title of Biagio Galea Testaferrata, Marianna Gatt, Agnese Testaferrata Bonici and Ignazio Testaferata, siblings Galea Testaferata, and the remaining (€9.43) represent increase in groundrent and namely subgroundrent payable to the unknown heirs/ successors in title of Andrea Bugeja, Giovanni Bugeja and Emannuele Borg, Antonio Cuschieri, Ditta Fratelli Coleiro and Camilla Claire Bonham.
(b) That the applicants do not know to whom this groundrent is payable because from searches madethe directum dominium is not undentifiable and uncertain.
(c) That the applicants wish to avail themselves of the faculty granted to them by Article 1501 of the Civil Code, and redeem the groundrent on the premises ‘Welcome Store’, with number ninety-three (93), and the house with number ninety-four (94), which groundrent of (€22.01) capitalised at the rate of 5% amounts to (€440.20), and thus are calling upon this Honourable Court, and by the present Schedule redeeming the groundrent and annual perpetual subgroundrent burdening the property above mentioned by depositing the sum of (€440.20) price of redemption of groundrent and annual perpetual subgroundrent, as well as the sum of €110.05 payment of the last five years groundrent and subgroundrent in all €550.25, so that this sum be freely withdrawn by the respondebnts in their capacity above mentioned after the due receipt according to law is left.
Depositor: 171, Triq l-Ifran, Valletta.
Respondents: Deputy Curators, Courts of Justice, Valletta.
Notify: Director Public Registry, Triq il-Merkanti, 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 Hall above mentioned, with the witness of the Hon. Madam Justice Anna Felice LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1011
1011By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd June, 2014 Application number 509/2014 by Giovanna Inguanez, whereby she prayed that it be declared open in her favour and in favour of her sister Nazzarena Cachia, in equal shares between them, the Succession of her brother Carmel Inguanez, bachelor, son of the late Carmel Inguanez and Vincenza née Schembri, born and resided in Żurrieq before he died, and died in Ħal Luqa on the 12th October, 2012 aged 77, intestate, holding identity card number 391235(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
Notice 1012
1012By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th June, 2014 Application number 545/2014 by Maria Dolores Mizzi and others, whereby they prayed that it be declared open in favour of the same Maria Dolores Mizzi, wife of the decujus, and this in the quota of one half (1/2) undivided share, and the remaining one half (1/2) undivided share in favour of Kevin and Keith, brothers Mizzi, children of the decujus in equal shares between them, the Succession ofAnthony Mizzi,son of the late Gajetan Albert and Carmela née Camilleri, born and resided in Birkirkara, and died in Pietà on the 7th January, 2004 aged 52, holding identity card number 914151(M), who died 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 1013
1013By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th June, 2014 Application number 515/2014 by Rita Pace and others, whereby they prayed that it be declared open in favour of the same Rita Pace, and this in the quota of one half (1/2) undivided share, and in favour of Emman, Michela and Rodianne, all brothers and sisters Pace, children of the decujus, and this in the quota of one sixth (1/6) undivided share each one of them, the Succession of Michael Pace, son of Joseph Pace and Ludgarda née Mallia,born in Pietà,resided in San Ġwann, and died in Tal-Qroqq, limits ofMsida, on the 15th March, 2014 aged 51, intestate, holding identity card number 133263(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
Notice 1014
1014By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th June, 2014 Application number 510/2014 by Anna Aquilina and others, whereby they prayed that it be declared open in favour of the same Anna Aquilina, wife of the decujus, and this in the quota of one half (1/2) undivided share, and in favour of Josianne Sciberras, Matthew Aquilina and Ismael Aquilina, children of the decujus, and this in the quota of one sixth (1/6) undivided share each one of them, the Succession ofCarmelo Aquilina, son of the late Matteo and Nazarena née Muscat,born and resided in Mosta, and died in Tal-Qroqq, limits ofMsida, on the 2nd February, 2014 aged 68, intestate, holding identity card number 1000845(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
Notice 1015
1015By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th June, 2014 Application number 540/2014 by Anthony Caruana, whereby he prayed that it be declared open in his favour in its entirety the Succession of his wife Sylvie Cutajar,daughter of the late René Maurice Hilaire and Evelyn Pradeau, born in Asnieres, France, resided in Swieqi, where she died on the 17th December, 2013 aged 58,holding identity card number 0340302(L), 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 1016
1016By a decree of the Administative Review Tribunal, of the 4th February, 2014 the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application number 257/12CG presented on the 1st August, 2012 in the names Prof. Kenneth Wain in his capacity as Commissioner of Voluntary Organisations vs Dr Omar Caruana (ID 440178M), and Josef Grech (ID 267081M), for and on behalf of Għaqda Mużikali Santu Wistin (VO/0027), where Prof. Kenneth Wain in his capacity as Commissioner of Voluntary Organisations premised that:
The defendant organisation is registered with the Commisioner of Voluntary Organisations in terms of the Voluntary Organisations Act, Chapter 492 of the Laws of Malta, and that its registration number is VO/0027.
Each organisation that is registered with the Commissioner of Voluntary Organisations is obliged to submit copies of annual accounts and annual returns of the organisation annually in terms of Article 12 (1) of the Voluntary Organisations Act, Chapter 492 of the Laws of Malta, and also the 2012 Voluntary Organisations (Annual Returns and Annual Accounts) Regulations L.N. 73 of 2012.
Although the defandant organisation was solicited several times to submit copies of the annual returns and accounts, the defandant organisation failed to submit copies of the annual returns and accounts for the years 2008,2009, 2010 and 2011 to the Commissioner of Voluntary Organisation, and so failed from its obligations under the Voluntary Organisation Act, Chapter 492 of the Laws of Malta, and the 2012 Voluntary Organisations (Annual Returns and Annual Accounts) Regulations L.N. 73 of 2012.
Accordingly, the applicant is requesting this Administrative Review Tribunal to order the cancellation of the registration of the defandant organisation by an Order of Cancellation in terms of Article 19 of the Voluntary Organisation Act, Chapter 492 of the Laws of Malta, because the defandant organisation is failing to comply with the provisions of the Voluntary Organisations Act, Chapter 492 of the Laws of Malta, and the 2012 Voluntary Organisations (Annual Returns and Annual Accounts) Regulations L.N. 73 of 2012.
With costs against the defandant organisation which is summoned so that a reference to its evidence be made.
Applicant: Kummissarju għal Organizzazzjonijiet Volontarji, Block C, Belt is-Sebħ, Floriana FRN 1900.
Defandant organisation: 10, Triq Manuel Buhagiar, Tarxien TXN 1114, Malta
Administrative Review Tribunal
Magistrate
Dr Gabriella Vella BA LLD
Application number 257/12CG
Profs. Kenneth Wain noe vs Dr Omar Caruana noe
The Tribunal
Viewed the application
Appoints the application for the Commissioner of Voluntary Organisations to bring forward his evidence on the 25th September, 2012 at 10.45 a.m. which sitting is postponed to the 22nd July, 2014 at 9.15 a.m. in front of Magistrate Charmaine Galea.
The application has to be notified to the Dr Omar Caruana noe which has twenty (20) days for a reply.
Dr Gabriella Vella
Magistrate
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1017
1017By means of a decree of the 14th February, 2014 in the Court of Magistrates (Malta), in the records of the judicial letter number 3641/13, in the names Bank of Valletta plc vs Clint Giulivo, 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 Clint Giulivo(ID 555582M), ofRiver Point,Flat 8, Triq Sir George Borg, Sliema,on the 26th November, 2013 Bank of Valletta plc of1/5 Misraħ San Ġorġ, Valletta VLT 1190,calls upon you so that within two days you pay the sum of €1,037.77 balance of debt in your Loan Account with Bank of Valletta plc togetherwith further interests from the 10th July, 2013 till the date ofeffective payment.
The interpellant company warns you that if you fail, they shall be constrained to proceed against you according to law.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1018
1018By means of a decree of the 4th April, 2014 of the Civil Court First Hall, in the records of judicial letter number 429/13, in the names APS Bank Ltd vs W & A Holdings Limited et, the following publication was ordered for the purpose of effecting service on the respondent Antoinette Zammit in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: 1. W & A Holdings Limited
2.Noel, known as Wilfred Zammit
3. Antoinette Zammit (ID 510761M), as surety in solidum of W & A Holdings Limited (Reg. No. C 20899), of 109, Solir, Triq l-Għenba, Attard.
By the present APS Bank Ltd (C 2192), of APS House, 20, St Anne Square, Floriana, solicits you W & A Holdings Limited as principal debtor, and you Noel Zammit and Antoinette Zammit as sureties in solidum (and this according to the suretyship dated 22nd March, 2001 executed in front of Notary Dr Carmel Gafà), so that within fifteen (15) days from the service of this act, you pay the total sum of€39,615.85 due to the applicant company,out of which €27,681.35 is the balance due on your Loan Account number 12258632014 and €11,934.50 is the balance due on the account Interest Disposal 12258630012, which sum has until today remained unpaid.
Notwithstanding the fact that you have been solicited to pay this amount to the applicant company, you remained in default.
In default on your part to pay the amount of €39,615.85 and this within fifteen days from the notification of this act, further judicialproceedings will be taken against you according to law, including the issuing of the opportune warrants.
With costs and legal interests from the 1st January, 2013 till the date of effective payment on €27,681.35 balance due on the Loan Account number 12258632014.
So much for your own guidance and to know how to proceed.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1019
1019It is hereby notified that the Court of Magistrates (Malta), by means of a decree given on the 14th March, 2014 in the records of the judicial letter number 3398/13, in the namesFogg Insurance Agencies Limited vs Jacqueline Bugeja et, ordered the following publication for the purpose of effecting service on the respondent Francis Bugeja in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta), against Jacqueline Bugeja and Francis Bugeja of 18, Clematis, Flat 2, Triq il-Fniek, Birkirkara,on the 1st November, 2013 Fogg Insurance Agencies Limited (C 597), for and on behalf of the foreign company Argus Insurance Company (Europe) Limited, of La Concorde, Abate Rigord Street, Ta’ Xbiex, whilst referring to the car accident which occured on the 6th July, 2012 in Triq Aldo Moro, Marsa,in which you Francis Bugeja were involved with the vehicle registration number KBI 107, insured by you Jacqueline Bugeja with the interpellant informs you that for all the purposes and effects of law, since you failed to make a claim in connection with the accident de quo, as you were obliged to do in terms of law, and also in terms of the relative insurance policy, it is reserving its position in your regard and in the event that it will obliged to effect any payments on your behalf, it will proceed against you by means of a law suit for the recovery of the amounts that it would have paid, and this in addition to all the legal and judicial costs and interest according to law.
Without prejudice to the above mentioned, the applicant calls upon you so that within three (3) days youabide with the conditions of the relative insurance policy, and you pay the amount due by way of excess paymentin connection with the same accident.
This judicial letter is being filed for all effects andpurposes of law, and particularly for the purposes of Chapter 104 of the Laws of Malta.
You may wish to be guided accordingly.
With costs and legal interest.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1020
1020By means of a decree of the 22nd April, 2014 of the Civil Court First Hall, in the records of judicial letter number 3453/13, in the names Roderick Cascun vs Julien Iwueke, the following publication was ordered for the purpose of service in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Julien Iwueke, of 2, Terrence, Triq il-Larinġ, Attard ATD 2531.
By the present, Roderick Cascun (ID 553088M), of 2, Bellview Court, Flat 14, Triq il-Mistrieħ, San Pawl il-Baħar SPB 03, refers you to the car accident which occurred on the 10th August, 2013 in Triq il-Buqana, Rabat, whilst the applicant was driving his car with registration number EBN 287 on his side of the road, when he was hit by car with registration number ABH 961 driven by the respondent and registered in the name of Damian Chukwuemeke Iwueke.
As a consequence of the said accident, the applicant suffered damages consisting in damages to his car, and also he is suffering from a disability of permanent nature.
Since it results that this accident has taken place solely as a result of your carelessness, lack of skill, negligence, and failure to comply with traffic regulations, and also for not taking the necessary precautions when you attempted to make a manouver for overtaking, the applicant solicits you so that immediately and in any case not later than one week from the notification of this judicial letter, you come forward for the liquidation and payment of damages suffered by the applicant as a result of this road accident above mentioned.
In default, the applicant shall proceed legally without any further notice.
With costs and legal interest.
Notification:Damian Chukwuemeka Iwueke, 2 Terrence, Triq il-Larinġ, Attard ATD 2531.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals