Mur Lura
Court Notices published in Govt. Gazette No. 19,276 of 8 July 2014
01/01/2014
Notice 1080
1080By means of a decree given, on the 16th June 2014, by the Civil Court First Hall, in the records of the Sworn Application in the names Diane Schembri et vs Alfred Schembri & Sons Limited, application number 331/10 SM, the following publication was ordered for the purpose of service of the respondents Diane Schembri et , 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 records of the Writ of Summons Number 331/10 SM, Schembri Diane et vs Alfred Schembri & Sons Limited, the applicant Alfred Schembri & Sons Limited, pleaded with respect:
That by means of an application of the 28th April 2014, the applicants asked that they be authorised by this Honourable Court to bring forward a further request in order that there be made the liquidation and condemnation for payment of the amounts allegedly made by the respondent company to the same applicants during the proceedings of this cause, besides the sum of €24,189.46 originally demanded in the original application.
That in its reply of the 30th April 2014, the respondent company asked this Honourable Court, to reject this demand.
That by means of a decree in camera of the 6th May 2014, this Honourable Court, upheld the applicant’s demand.
That in terms of subarticle (10) of Article 229 of the Laws of Malta ‘When an interlocutory decree is given in camera, this for the purposes of this article and for the purposes of calculation of every period there in established shall be considered as read in open Court, on the date of the first sitting of that cause, which is due immediately after the decree is given by the Court in camera.
..........omissis.............
That thus as the decree which was given in camera is to be considered as read in open Court on the date of the sitting immediately held after it is given in camera, which sitting was held on the 13th May 2014, the applicant is filing this application within the term required by law.
That the applicant fully believes that this Honourable Court, is to concede that the applicant filed the appeal in question at this stage and not after the final judgement is given....omissis... in terms of Article 175(1) of Cap. 12 of the Laws of Malta and as retained in various judgements given by these Courts, which denied the permission for an additional request particularly when the proof in the cause in question has been closed and when the cause has reached the pleadings stage.
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In its judgement of the 12th December 1994, in the cause ‘Calabrese vs Bigeni, the Court of Appeal, stated thus regarding this disposition;
‘The difficulty which generally rises in the application of this Article always runs round this limitation and namely that so long as no changes like this shall change the substance of the cause or plea) in the present case the claim of the appellant is that the changes ordered by the Court ‘changed the substance of the plea’.
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In its judgement of the 14th March 1988, in the cause ‘Mirabelli noe vs Gollcher noe’, the Court of Appeal, made an analysis of the origin of Art. 175 of Cap 12 and the purpose of the provision, the Court stated thus;
That Article 175 mentioned owes its origin to the accurate study made in the preceeding century when the Code of Organisation and Civil Procedure was being prepared. In fact the ad hoc Commission of 1848, on the relative article (180) in the draft had suggested that in judicial acts great attention had to be paid to the name of the parties and the capacity in which they were appearing ( and this as in that case in question revolved round the requisites of Article 174(1) (B) and that every defect had to bring about the nullity, however in certain cases where the matter is raise ‘in limine litis’ the Court was authorised to corect the mistake.
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Throughout the years this article as originally promulgated and subsequently amended served and was used by our Courts to avoid duplicity of causes and to avoid that rigourous formalism which very often brings about the stultification of the concept of justice. But it never brought about and was never used by our Courts in order to stultify the same law which textually prohibits any correction which shall change the substance of the action or plea.
That in view of the above and as explained in the reply of the 30th April 2004.......omissis........... the applicant upholds that this Honourable Court, should should not have upheld the request for an additional demand, as that request certainly was changing the substance of the present action.
......omissis........
That the applicant upholds once again that the applicant’s demands as proposed in the original application are for a sum which is true, certain and liquidated’ and which was certain liquid and due on the date when these procedures were instituted and thus a contrario senso the additional demand which was recently filed by the plaintiff was never on the date when these procedures were instituted, a certain, liquid and due amount...omissis.. Thus she cannot it is being submitted now change at this stage a choice she made years before.
Thus the applicant respectfully prays that this Honourable Court grant her special permission in terms of Article 229(3) of Cap 12 of the Laws of Malta so that she can appeal from the interlocutory decree given in camera, by this Honourable Court, on the 6th May 2014, and this under any provision that this Court considers that it should give if it be the case.
Civil Court First Hall
Hon. Mr. Justice Silvio Meli LLD.
Writ of Summons 331/10 SM
Schembri Diane et
vs
Alfred Schembri & Sons Ltd.
The Court,
Having seen the application,
Orders in the first place that the respondent be notified and is to file a reply within five (5) days from service.
Notify: Diane Schembri et, 124, Ohana, Triq Annibale Preca, Lija.
The Sworn application in the names Schembri Diane et vs Alfred Schembri &Sons Limited, application number 331/10 SM, has been put off for hearing to the 22nd October 2014 at 11.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1081
1081It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 16th June 2014, in the records of the judicial letter number 815/14, in the names Advocate Doctor John Bonello vs Mario Saliba, ordered the following publication for the purpose of effecting service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Mario Saliba (ID 263961M) of 38, Peprina, Triq ta’ Mellu, Mosta, on the 27th March 2014, Advocate Doctor John Bonello (ID 534080M) of 126, Triq il-Kbira, Zejtun, solicits you so that within five days from today you come forward for the liquidation and payment of damages caused by you as a result of (i) failing to honour your contractual obligations qua contractor and (ii) negligence, recklessness and carelessness when you cut the electricity cables and caused damages to the marble underlay in the premises property of the interpellant having number 126, Triq il-Kbira, Żejtun.
In default further procedures will be taken agains you.
With costs.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1082
1082It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 1st of July 2014, (Decree number 41/2014 following application number 7/2014) Margerita Buhagiar,spinster, daughter of the late Emanuel Buhagiar and Maria Antonia née Attard, born in Xagħra, Gozoand residing at Sant’Anna Residential Home, Gozo General Hospital, Victoria, Gozo (Identity Card number 5138G)has been interdicted from all acts of civil life.
Joseph Attard, worker, son of the late Eucharist Attard and Maria née Bajada, born and residing in Xaghra, Gozo (Identity Card No. 34855G) has been nominated as her curator, by virtue of the said decree.
Voluntary Jurisdiction.
MAUREEN XUEREB
Deputy Registrar
Notice 1083
1083It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 2nd of July, 2014, (following application number 41/2014) Vincenza Theuma, daughter of Paul and Maria Antonia née Galea, born and residing in Xagħra, Gozo and who is presently at the Mental Hospital, Gozo (Identity Card number 41046G) has been Temporarily Interdicted from all acts of civil life.
Voluntary Jurisdiction.
MAUREEN XUEREB
Deputy Registrar
Notice 1084
1084By a decree of the 24th March, 2014, given by the First Hall Civil Court, the court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187 (3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Bartoli Brothers Limited on the 28th May, 2014, the approval of the said judicial acts is being demanded for the amount of €6,600 following judicial sale by auction 13/13 in the names Bartoli Brothers Limited vs Port Cottonera Hotel Development Limited, held under the Authority of the said Court on the 26th May, 2014.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
Notice 1085
1085By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th November 2013, Application number 1143/2013 by Irineo sive Rennie sive Reno Grech, Raymond Grech and Margaret wife of Leonard Caruana whereby they prayed that it be declared open in their favour the Succession oftheir fatherEmmanuel Grech, widow of Maria Dolores Grech, son of the late Giovanni Grech and Agatha nee Gatt, born in Birkirkara, resided in Santa Venera and died in Tal-Qroqq limits of Msida on the 1st February 2013 aged 88, holding identity card number 0699624(M) and having a will.
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 1086
1086Bymeans of a decree given, by the First Hall Civil Court, on the 9th May 2014, in the records of the Sworn Application, in the names Doctor of Medicine Arsen Avakyan as special mandatary of the absent Turgan Arutyunyan vs Artur Arakelyan, Application number 246/14 JPG, the following publication was ordered for the purpose of service of the defendant Artur Arakelyan, 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 Doctor of Medicine, Arsen Avakyan, Maltese Id number 0101375A as special mandatary of the absent Turgan Arutyunyan, Russian Passport Number 710618921 v Artur Arakelyan, son of Robert and Elmira née Vardanyan, born Yerevan, Armenia and residing in Malta, holder of Maltese Identity Card Number 18658A and Armenian Passport Number AG0644567, on the 26th March 2014, the applicant asked this Honourable Court;
1.To declare and decide that the respondent is a debtor in regard to the applicant in the sum of €86,340.32 in terms of the agreement of the 3rd November 2009 and order the respondent to pay the same sum to the applicant.
With costs and legal interests till the date of effective payment against the respondent summoned so that a reference to his evidence be made.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Tuesday 1st April 2014, the cause Application Number 246/14 JPG, in the names Avakyan Arsen Doctor of Medicine vs Arakelyan Artur, was entered in the list of causes which are to be heard on Wednesday 28th May 2014, at 9.20 a.m. By order of the same Court above mentioned of the 28th May 2014, the cause herein mentioned was put off for hearing to the 15th October 2014, at 9.30 a.m.
Notify: Artur Arakelyan ID 18658A and Armenian Passport Number AG0644567.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1087
1087By means of an application filed in Civili Court of Voluntary Jurisdiction Section, on the 25th November 2013, Application number 1144/2013 by Irineo sive Rennie sive Reno Grech, Raymond Grech and Margaret wife of Leonard Caruana whereby they prayed that it be declared open in their favour the Succession oftheir mother Maria Dolores Grech, wife of Emmanuele, daughter of the late Salvatore Gatt and Irene née Apap, born in Ħamrun resided in Santa Venera and died in Tal-Qroqq limits of Msida on the 29th January 2013 aged 80, holding identity card number 0616632(M) and having a will.
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 1088
1088By means of a decree given, on the 7th May 2014, by the Rent Regulation Board, in the records of the Sworn application in the names Professor Alexiei Dingli vs Faiza Bent Ali Mercieca, application number 28/14 GG, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et. seq. of Cap. 12.
By means of a Sworn Application filed in the Rent Regulation Board, in the names Professor Alexiei Dingli (ID 32680M) vs Faiza Bent Ali Mercieca (ID 0022833A) on the 14th March 2014, the applicant Professor Alexiei Dingli, in terms of Article 16A of Chapter 69 of the Laws of Malta, asked this Honourable Board;
1. To uphold and decide this application without proceeding to a hearing in terms of Article 16A of Chapter 69 of the Laws of Malta, order for the reasons premised in the application the eviction of the respondent from the premises with the address 28, Apartment number 3, Triq il-Katidral, Sliema, in terms of Article 16A of Chapter 69 of the Laws of Malta, if necessary by declaring as terminated also for the reasons premised in the application, the lease given to the respondent of the same premises and uphold the other demands in the application.
With costs, against the respondent, summoned so that a reference to her evidence be made.
Applicant: 91, Triq l-Assemblea Nazzjonali, San Ġwann.
Respondent: 28, Apartment number 3, Triq il-Katidral, Sliema.
The Sworn application in the names Dingli Professor Alexiei vs Mercieca Faiza Bent Ali, application number 28/14 GG has been put off for hearing to Monday 6th October 2014, at 12.00 p.m.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1089
1089By means of a decree given by the First Hall Civil Court, on the 18th June, 2014 in therecords of the Sworn Application number 428/14 JPG, in the names Joseph and Carmen, spouses Gaffarena vs Mixer Limited (C 9942), and by a decree of the 27th October, 1999 Emanuel Gaffarena was called into the suit and by a decree of the 15th March, 2000 the Court revoked ‘contrario imperio’ the decree whereby Emanuel Gaffarena was called into the suit, the following publication was ordered for the purpose of service of the company Mixer Limited in terms of Article 187 (3) et seq. of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court, in the names Joseph and Carmen, spouses Gaffarena vs Mixer Limited (C 9942), and by a decree of the 27th October, 1999 Emanuel Gaffarena was called into the suit and by a decree of the 15th March, 2000 the Court revoked ‘contrario imperio’ the decree whereby Emanuel Gaffarena was called into the suit, the applicants Joseph and Carmen, spouses Gaffarena respectfully pleaded and Joseph Gaffarena (ID 251451M) confirmed under oath:
That in virtue of a judgement given by this Honourable Court, on the 26th April, 2000 the cause in the names above premised (Writ of Summons Number 1199/1999 GV), which judgement was confirmed by the Honourable Court of Appeal on the 16th April, 2004 the applicants were declared creditors of the company Mixer Limited in the sum of five hundred and eighty-two thousand, three hundred forty-three Euro and thirty-five cents (€582,343.35) besides interest and the costs.
That whereas there passed more than ten years from when the judgement was given, and thus that judgement is no longer executable in terms of Article 258 of Chapter 12, the applicants wish to render the said judgement executable a new.
Thus, the applicants pray with respect that this Honourable Court declare that the judgement given by this Honourable Court on the 26th April, 2000 (Writ of Summons Number 1199/1999 GV), inthe names premised for the sum of (€582.343.35), besides interest and the costs, is being rendered executable once again for all intents and purposes of law.
In the First Hall Civil Court
Hon. Madam Justice Jacqueline Padovani Grima LLD LLM (IMLI)
Sworn Application Number 428/14 JPG
Joseph Gaffarena et vs Mixer Limited et
The Court
Having seen the application filed on the 19th May, 2014
Having seen Art. 258 (A) of Cap. 12.
Appoints the cause for hearing for the sitting of Wednesday, 18th June, 2014 and it is to be called at 9.45 a.m., and the respondents are ordered to appear on that day and answer to the applicant’s demand.
Orders that this application, decree and notice of hearingof the cause be notified to the applicants and respondents.
Sgd. Onor. Jacqueline Padovani Grima LLD LLM (IMLI)
Notify: Mixer Ltd, Mdina Road, Żebbuġ.
The Sworn Applicationin the names Gaffarena Joseph et vs Mixer Limited (C 9942), application number 428/14 JPG has been deferred for hearing to the 5th November, 2014 at 11.45 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1090
1090By means of a decree given on the 18th June, 2014 by the First Hall Civil Court, in the records of the Sworn Application in the names J & C Contractors Ltd vs Arthur Cilia, application number 761/10 SM, the following publication was ordered for the purpose of service of the respondent company in terms of Article 187 (3) et. seq. of Cap. 12.
By means of a Sworn Application filed in theFirst Hall Civil Court, Sworn Application number 761/10 SM, J & C Contractors Ltd vs Arthur Cilia, on the 23rd May, 2014 the applicant Arthur Cilia respectfully pleaded:
That this cause has reached the stage of the gathering of proof before Architect Richard Aquilina as Court expert.
That the plaintiff and his witness gave evidence regarding any telephone contacts which the applicant has to rebutt by bringing proof from Go plc which he never expectedto need during the cause, and he did not mention as witnesses.
That he requires that officials from Go plc testify regarding telephone calls which were made from the 1st November, 2009 till the 17th February, 2010 from number 99498492 to number 79297931, and a transciption of that stated during the telephone calls on the 28th December, 2009 and the 10th January, 2010.
Thus, he prays with respect that this Honourable Court authorise the summons of the official at Go to bring this information as witness in the cause.
Civil Court First Hall
Hon. Mr Justice Silvio Meli, LLD
Writ of Summons Number 761/10 SM
J & C Contractors Limited vs Arthur Cilia
The Court
Having seen the Application
Orders in the first place that the respondent be notifiedto reply within five (5) days from service.
Notify: J & C Contractors Ltd, Arc en Ciel, Triq Dun M. Azzopardi, Mosta.
The Sworn Application in the names J & C Contractors Ltd vs Arthur Cilia, application number 761/10 SM, has been deferred for hearing to the 11th November, 2014 at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 1091
1091By means of a decree of the 3rd June, 2014 of the Civil Court First Hall, in the records of judicial letter number 1542/14, in the names St George’s Park Company Limited vs Footloose Catering Limited et, the following publication was ordered for the purpose of effecting service in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To:1.Footloose Catering Limited (C 10695), of Sinners in Heaven, Saint George’s Road, Paceville.
2.Wayne Chetcuti (ID 1203A), ofLifetime, St Rita’s Steps, San Ġiljan.
3.Hugo Chetcuti (ID 104487M), of Lifetime, St Rita’s Steps, San Ġiljan.
By the present, St George’s Park Company Limited, of Aragon House, Business Centre, Dragonara Road, St Julians STJ 3140, owner of the shop today called ‘Sinners in Heaven’, previously known as ‘Footloose’, St George’s Road, Paceville, makes reference to the judicial letter of 6th May, 2005 notified to the respondent Footloose Catering Limited on the 17th May, 2005 and the judicial letter dated 8th August, 2005 where you were warned that in terms of article eight (8) of the lease agreement dated 19th July, 1989 the applicant was terminating the lease of the shop on the basis that the respondent Footloose Catering Limited failed to abide with the conditions of the lease within the stipulated time given to it.
The applicant also makes reference to the judicial letter dated 20th July, 2009 and the pending procedures before the First Hall of the Civil Court (Writ of Summons Number 104/06AF).Reminds you that it had withdrawn the demand for payment of penalties requested till that day so as to facilitate the settlement that the respondent Footloose Catering Limited had offered but which it later did not pursue in good faith.
Till today, Footloose Catering Limited is still in possession of the premises, and although for a period of time it has paid compensation on a without prejudice basis as agreed, this compensation has not been paid for a number of years.
Accordingly, since the applicant never renounced to its claims for the payment of penalties, it is soliciting you so that within two days you pay the total sum of €1,199,628.70.The said sum is calculated as follows:
Balance of rent due of €19,771.75 pending till the 22nd August, 2005 that is the date of notification of the judicial letter dated 8th August, 2005 sent to Footloose Catering Limited;
Penalties of €1,485,659.43 accrued from the 23rd August, 2005 till the 16th May, 2014;
From these the amount of €305,802.48 paid from Footloose Catering Limited pendente lite is deducted, and is accepted by the applicant on a without prejudice basis.
Naturally, Footloose Catering Limited is also solicited to immediately return the possession of the premises in question, and you are warned that the penalties will continue to be applied until this is done.
In default, further procedures against the respondent Footloose Catering Limited and the respondent sureties Hugo Chetcuti and Wayne Chetcuti will be taken without further notice.
With costs and with due reservation of a higher rate of interest as allowed by law on the amounts which are due.
This letter is being sent in terms of the Articles of Cap. 12 and 16 of the Laws of Malta.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 1092
1092By means of a decree of the 20th May, 2014 of the Civil Court First Hall, in the records of judicial letter number 1377/14, in the names Louise Cini et vs Emanuel Borg,the following publication for the purpose of effecting service on the respondent was ordered in terms of Article 187 (3)of Cap. 12.
In the First Hall of the Civil Court
To: Emanuel Borg of Block 1, Flat 5, Ġużè D’Amato Street, Paola.
By the present, Louise Cini (ID 278072M), of Krisven, Triq il-Vlontin, Fleur-De-Lys, Birkirkara, and Margaret Grech (ID 595940M), of28, Pulena, Flat 1, Triq R Caruana Dingli, San Ġwann, and Michael Peter Valletta, of Princess, Flat 13, Triq il-Prinċipessa Margerita, l-Imsida, and Lilian Valletta (ID 17542M), of257, Triq l-Imsida, Birkirkara, inform you that the rent that you pay on the room numbered 12 in the tenement with number 6, Triq San Pupulju, Floriana, is not going to be more accepted, and this because the lease will not be renewed further, and this with effect from the 30th April, 2014 and this because it is going to be sold.
Therefore, you are being requested so that within one week from the date of this letter you evict this room and vacate it, and pass on the key to my clients.
You are also being requested to change the details on your identity card to the address where you really reside and this so that you will not be subject to criminal proceedings.
In default you are warned that:
1. Legal procedures will be initiated against you;
2. You are going to be reported to the Department of Public Registry;
3. You are going to be reported to the police because your identity card does not reflect the place where you reside; and
4. You are being held responsible for the damages that my clients may suffer.
So much for your own guidance and to avoid useless costs.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals