Notice 720
720
By a decree given by the Civil Court First Hall on the 16th February 2015, on the application of HSBC Bank Malta plc, Thursday, 21st May, 2015, at eleven in the morning for the Sale by Auctionto be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property.
Apartment internally marked number eight (8) overlied by apartment number ten (10) and underlied by apartment number six (6), in a block named ‘Highclere Court’, in Triq Raddet ir-Roti, Xemxija, limits of Saint Paul’s Bay. The tenement is on the second floor on the right of the block when one looks to the block from the mentioned street, part of a block of ten apartments including an undivided share of the block common parts, the outside door, the entrance and the stairs to the roof, drains and drainage system and an undivided share of the roof. The apartment is subject to servitudes resulting from its relative position, with all rights and appurtenances, subject to an annual groundrent of eighty one Euro and fifty two cents(€81.52), valued at one hundred and ninety five thousand Euro (€195,000).
The said tenement is the property of the absent Sammut Jason represented by Dr Martin Fenech and PL Liliana Buhagiar nominated Deputy Curators by a decree of the 17th February 2014.
N.B. The said tenement will be sold as described in the judicial sales act 2/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
24 March 2015
Notice 721
721
By means of a decree given by the First Hall Civil Court, on the 15th April 2015, in the records of the Sworn Application, in the names AASK Enterprises Limited vs Cassar & Schembri (Marketing) Limited, application number 214/15 MCH, 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 the First Hall Civil Court, in the names AASK Enterprises Limited (C 32035) vs Cassar & Schembri (Marketing) Limited (C 33174), on the 6th March 2015, the applicant company AASKEnterprises Limited (C 32035) asked this Honourable Court:
To proceed to give judgement according to the demand without proceeding to a hearing of the cause in terms of Article 167 to 170 of Cap. 12, condemn the respondent company to pay the plaintiff company the sum of (€15,756.66) (fifteen thousand seven hundred and fifty six Euro and sixty six cents) due for reasons mentioned in the application, with further interest as demanded till the date of effective payment.
With costs as demanded against the respondent company summoned so that a reference to its evidence be made.
Respondent company: Anton Complex, Ħandaq Road, Ħal Qormi.
The Sworn Application in the names AASK Enterprises Limited vs Cassar & Schembri (Marketing) Limited, application number 214/15 MCH, has been deferred for hearing to the 4th May 2015, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
24 April 2015
Notice 722
722
By means of a decree of the 13th April 2015, in the Court of Magistrates (Malta) in the records of the judicial letter number 3368/14 in the names Bank of Valletta plc vs Laura Mizzi Eid,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 Laura Mizzi Eid (ID 29888M), of 158, Flat 4, Triq il-Wied tal-Imsida, Bini tal-Gvern, Imsida, on the 16th October 2014, Bank of Valletta plc, of 1/5 Misraħ San Ġorġ, Valletta VLT 1190, calls upon you so that within two days you pay the sum of €3,159.95 balance of debt in your Loan Account with Bank of Valletta plc together with further interests from the 15th July 2014 till the date of effective 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
24 April 2015
Notice 723
723
By means of a decree of the 13th April 2015, in the Court of Magistrates (Malta) in the records of the judicial letter number 3956/14, in the names Bank of Valletta plc vs Publius Pace, 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 Publius Pace (ID 166267M), of 73, Flat 3, Triq San Kristofru, Valletta, on the 24th November 2014, Bank of Valletta plc, of 1/5 Misraħ San Ġorġ, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €2,534.40 balance of debt in your Loan Accounts with Bank of Valletta plc together with further interests from the 10th April 2014 till the date of effective 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
24 April 2015
Notice 724
724
By means of a decree of the 13th January 2015, in the First Hall of the Civil Courts in the records of the judicial letter number 1939/14, in the names Bank of Valletta plc vs Karl Allmark et, ordered the following publication for the purpose of service of the respondents in terms of Article 187 (3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Karl and Pamela, spouses Allmark ID 72317(A) and ID 205368(M), of 62, Triq San Ġwann, Ħal Għargħur, on the 24th June 2014, Bank of Valletta plc (C 2833), of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, whilst refering you to the two contracts dated 4th October 2011, in the acts of Notary Doctor Andrè Farrugia, and also to two private writings dated 17th December 2008 and 22nd June 2011, where you guaranteed together and in solidum with What’s On Where Limited in favour of Bank of Valletta plc, the debts of the same What’s On Where Limited with Bank of Valletta plc, calls upon you so that within two days you pay together and in solidum the sum of €49,376.44 balance of debt in the Loan Accounts of What’s On Where Limited with Bank of Valletta plc together with further interests from the 6th June 2014 till the day of effective payment.
This judicial letter is being made without prejudice for other procedures made against you by the interpellant Bank for any other balances due by you.
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
24 April 2015
Notice 725
725
By a decree of the 21st April 2015, given by the First Hall of the Civil Courts (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).
That by the application filed by Palm City Limited on 6th March 2015, is asking for the withdrawal of the amount of €250,000 deposited by the Schedule of Deposit number 1307/13 in the names of Dolphin Industrial Services Ltd (C 23232) and DIS Combined Industries Ltd (C 45250) vs Palm City Ltd (C 34113).
The Court ordered the notification of this application with ten (10) days for filing a reply.
Marvic Farrugia
For the Registrar of Courts and Civil Tribunals
23 April 2015
Notice 726
726
By means of a decree given on the 10th March 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Rita Penza vs Raymond Penza, Application number 80/09, the following publication was ordered for the purpose of service of the respondent Rita Penza 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 Rita Penza (ID 807057M) vs Raymond Penza (ID 598356M), on the 16th July 2014, the applicant Raymond Penza (ID 598356M) respectfully pleaded:
The Sworn Application
1. That in the her sworn application, the applicant respondent premised that: (1) the parties were married in Malta on the 28th January of 1978, (2) from this marriage three children were born who today are all of age, (3) the respondent rendered the matrimonial life between the parties impossible, (4) the applicant was duly authorised to proceed for personal separation by a decree of the Civil Court (Family Section) dated 24th February 2009.
That on the basis of these premises, the applicant respondent asked the Honourable Civil Court (Family Section) to (1) declare and pronounce the personal separation between the parties spouses Penza, and due to the faults solely imputable to the respondent appellant and authorise the applicant respondent to live separately from the respondent appellant, (2) order that the care and custody of the girl at that time minor Melanie Penza be entrusted to the applicant respondent, (3) fix the appropriate maintenance that the respondent appellant is to pay every month to the applicant respondent, (4) apply against the respondent the effects in toto or in parte of articles 58 to 52 of Cap. 16 of the Laws of Malta, (5) dissolve and liquidate the community of acquests existing between the parties, (6) condemn the respondent appellant to restore to the applicant respondent all her paraphernal property.
The Sworn Reply
3. That by means of a sworn reply presented by him, the respondent appellant pleaded that: (1) that there is agreement that there be declared the personal separation between the parties but not for reasons explained by the applicant respondent, (2) he does not agree that the care and custody be entrusted exclusively to the applicant respondent, (3) the third demand should be rejected because the applicant respondent has an income from regular work whilst the respondent appellant works only a few hours a week, (4) the fourth demand should be rejected because there is no room that there be applied the provisions of Art. 48 to 52, 5, the respondent appellant agrees that it is necessary that there is a dissolution and liquidation of the community of acqests existing between the parties, (5) the applicant respondent has already taken her belongings both paraphernal and the objects from a residence of the parties, which house is property of the respondent appellant.
The counter-claim of the respondent appellant.
4. That the respondent appellant availed himself of the faculty to present a counter-claim by means of which he premised inter alia that the applicant’s behaviour reconvened was one which was continually agressive.
5. That thus, he asked this Honourable Civil Court (Family Section) to: (1) declare and order the personal separation due to torts exclusively attruibutable to the wife, (2) order that the care and custody of the minor Melanie Penza be entrusted to the respondent reconvened, (3) to order against the applicant reconvened the application of the penalties established in Article 48 et. seq. of Cap. 16, (4) declare that the wife is to forfeit maintenance in her favour from the husband as she regularly works, (5) declare dissolved the community of acquests between the parties.
The reply of the applicant reconvened.
6. That in virtue of her sworn reply, the reconvened applicant pleaded that: (1) although she agrees with the first demand, the Court is to pronounce the separation due to torts imputable to the defendant, (2) she does not agree with the second demand and this because it is in the best interest of the minor Melanie Penza that her care and custody be entrusted to the mother, (3) she does not agree with the third demand owing to the fact that the fault for the separation is imputable solely to the respondent, (4) she does not agree with the fourth demand and it is not the case that the applicant is working and that Melanie Penza is only sixteen years old and the respondent has the duty to maintain his daughter, (5) she agrees with the fifth demand of the respondent.
The Judgement of the Civil Court (Family Section) of the 26th June 2014.
7. That in virtue of its judgement of the 26th June 2014, the Honourable Civil Court (Family Section) decided the cause by: (1) upholding the first demand of the applicant and the first demand of the counter-claim limitedly by declaring the personal separation between the parties who are equally to blame, (2) rejected the second demand of the applicant and the second demand of the counter-claim, (3) upheld the third demand of the applicant limitedly for the amount of €150 monthly ...omissis... (6) rejected the sixth demand with costs to be divided equally between the parties.
The Appeal of the respondent
8. That the appellant feels aggrieved with the above mentioned judgement, and is thus humbly filing an appeal.
9. That the grievances of the appellant are clear and manifest and consist in the following:
10. The First Grievance. That the Honourable First Court made a mistake in the the application of the law when it concluded that the matrimonial home forms part of the community of acquests.
11. ...........omissis...........
12. That the premises in question could not be part of the community of acquests between the parties because in virtue of the contract of the 23rd February 1991, the appellant’s father had conceded to the appellant alone the subemphyteusis of the premises de quo which emphyteusis was never redeemed. The appellant qua emphyteuta is not owner but his conditional title can be transformed in a title of full ownership with the redemption of the groundrent.
13. That furthermore, the appellant humbly submits that the Honourable First Court made a wrong evaluation and wrong application of Article 1320 (e) of the Civil Code. It is not the case that according to this Article property which came to one of the spouses by donation, inheritance or other title form part of the community of acquests.
14. That according to Article 1334 (1) of the Civil Code when the community of acquest or the community of residue under separate administration operates between the spouses, all the property which which does not fall under paragraphs from a to f of article 1320 or is not dotal are paraphernal. It is evident that property which has come to one of the spouses by donation, inheritance or other title do not form part of the community of acquests.
15. That as retained by this Honourable Court, differently presided it will be a rather dangerous interpretation if a person who is legally capable to contract choses or accepts not to be a party to a contract and there do not exis external factors which impede such appearance, shall still be considered as a party to a contract. In that judgement, the Honourable Court concluded that although the property in question was purchased during marriage as the husband alone appeared on the contract, the premises was paraphernal property. However the wife shall have a credit in her favour as regards the monies she spent in the same house.
16. That as appears from the proof produced during the cause and especially the affidavit of Andrew Penza, father of the appellant, the building of the premies in question and the major part of the works were carried out before the marriage, by the appellant, his father and his brother, before marriage.
17. That according to the report of Architect Alan Saliba, the value of the matrimonal home, including the ameliorations carried out during marriage is of one hundred and twelve thousand Euro (€112,000), whilst the value of the same premises without the ameliorations is of (€98,000), thus forming part of the community of acquests is the difference between these two values and namely of fourteen thousand (€14,000).
18. That thus, the concession of sub-empyteusis which was granted by the appellant’s father to the appellant alone does not form part of the community of acquests.
19. The Second Grievance. That without prejudice to the above even if for the sake of argument only, the matrimonial home formed part of the community of acquests, the first Court could not order the sale of the premises.
20. That the Judge in Civil matters has in the granting of judgements to stay strictly within the limits of the contestation in such a manner that he cannot deal or resolve disputes that the parties did not raise or submit to his decision.
21. That in the sworn application and in the counter-claim, the Honourable First Court was asked to dissolve and liquidate the community of acquests and assign each party its share. There was no demand for the sale of the matrimonial home.
22. That furthermore and without prejudice to that above exposed, no one of the parties is the owner of the premises in question because as explained further up there had been made a concession to the appellant by title of sub-emphyteusis.
23. The Third Grievance. That the Honourable First Court was mistaken in law and in fact when it ordered the appellant to pay the respondent the adequate monthly maintenance.
24. That during the procedures, it resulted that from the year two thousand eleven (2011), the appellant was disoccupied and is receiving a pension of invalidity/disability. On her part, the respondent is still fit to work. According to the teaching of our more recent Jurisprudence, the Honourable First Court should not have ordered the appellant to pay maintenance to the respondent.
25. That according to Article 29 (1) of the Civil Code, the maintenance is to be given according to the need of the person requesting it and the means of the person bound to give it ...omissis... The appellant humbly submits that during the proceedings the respondent did not prove up to the grade required by law that she needs to receive maintenance from the appellant so that she shall not be denied from the daily necessities.
26.That furthermore, our Courts acknowledged that a wife also can potentially work and generate an income, and thus the husband shall not automatically be ordered to pay maintenance in each case.
27. That thus, the appellant submits that the decision of the Honourable First Court, whereby it ordered that the appellant pay the respondent the sum of €150 monthly as maintenance is mistaken and should be revoked.
Thus, whilst referring to all the proof produced in the procedures of First Instance and those which can be produced at this stage and the submissions made before the Honourable First Court and thus that can be made in Appeal, the appellant humbly prays that this Honourable Court vary and reform the judgement given in the names Rita Penza vs Raymond Penza, decided on the 26th June, 2014, as demanded in this appeal application, with costs against the respondent.
Notify: Rita Penza, Block 1, Flat 5, Triq Dun Ġorġ Fenech, Qormi.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
24 April 2015
Notice 727
727
It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 9th of March 2015 (Application number 24/2015 JVC) John Azzopardi and others, requested the opening of the Succession of Peter Paul Azzopardi,son of the late Giuseppe and Angela née Said, born in Nadur, Gozo, and who used to work as a sailor and left Malta a very long time ago, intestate, which opening of Succession is to be made in favour of John Azzopardi, Carmela Azzopardi, Mikieli Azzopardi, Pawla Said, Rita Attard as to one sixth (1/6) undivided share each and as to one fourteenth of one sixth (1/14 of 1/6) undivided share amongst the fourteen children of the late Maria Camilleri.
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.
Dorianne Cassar
For the Registrar Gozo Courts and Tribunals
27 April 2015
Notice 728
728
By means of a decree of the 11th March 2015, given by the Civil Court First Hall in the records of judicial letter number 2800/14, in the names Registrar of Civil Courts and Tribunals vs Alfred Attard, the following publication was ordered for the purpose of effecting service of the respondent in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Alfred Attard of Micallef & Vella, Flat 7, Triq it-Turisti, San Pawl il-Baħar.
By the present, the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €345.50 due by you as Registry fees in connection with the law suit in the names:
Debono Michael et vs Alfred Attard et (LSO) decided on the 27th February 2014 (our reference 1447/2014).
In default, the applicant reserves to proceed further against you according to law.
So much for your own guidance.
With costs.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
24 April 2015
Notice 729
729
By a decree given by the Civil Court First Hall, on the 1st April 2015, on the application of HSBC Bank Malta plc, Thursday, 11th June, 2015, at eleven in the morning, has been fixed for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
1. The apartment internally marked number three (3), on the second floor/third storey above road level, including its overlying airspace, forming part of a block of apartments named ‘Anvil Apartments’, numbered four (4), in Triqil- Minfaħ, Naxxar, free and unencumbered, together with its share of the common parts of the external staircase leading to the block, the door, the entrance, the entrance hall, the stairs and the stairwell from basement level up to the roof, lift and lift shaft and water and drainage system, which property is valued one hundred and ninety thousand Euro (€190,000).
2. Six garages in the basement under the block of apartments named ‘Anvil Apartments’, numbered four (4), in Triqil-Minfaħ, Naxxar, internally marked:
Garage number two (2) of approx, 73.47 metres squared, valued forty five thousand Euro (€45,000);
Garage number three (3) of approx; 13.71 metres squared, valued twenty three thousand Euro (€23,000);
Garage number four (4) of approx. 13.80 metres squared, valued twenty three thousand Euro (€23,000);
Garage number five (5), of approx. 11.78 metres squared, valued twenty thousand Euro (€20,000);
Garage number six (6) of approx. 15.74 metres squared, valued twenty five thousand Euro (€25,000);
Garage number seven (7) of approx. 44.43 metres squared, valued forty thousand Euro (€40,000).
Included in this sale is the undivided share of 1/7 for each garage being sold of the ramp common to all garages together with the undivided share of the car lift, its shaft and of the access to the carlift from the said ramp, of the front garden leading to the door of the basement garages, and the undivided share of the stairs leading to the basement garages. The access to the carlift is from a ramp common with others from the front garden in front of the basement garages door.
The said tenements are the property ofXuereb Albert and Rosaria.
N.B. The said tenements will be sold as described in the judicial sale 77/2013.
Rudolph Marmarà
For the Registrar of the Civil Courts and Tribunals
27 April 2015
Notice 730
730
By a decree given by the Civil Court First Hall, on the 21st April, 2015, on the application of Combinations Limited, and on Dr Dominic Cassar and Joanna Dingli LP request, Tuesday, 30th June, 2015, from nine in the morning till noon, has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta, of the following properties:
The four apartments situated on the second and third floor, named ‘Diana Flats’, with internal numbers three (3), four (4), five (5) and six (6), in Triq il-Merluzz, Qawra, limits of Saint Paul’s Bay, valued at €186,350.
The said tenements are the property of Lukanda Limited.
N.B. The said tenements will be sold as described in the acts of file number 97/2002.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 731
731
By a decree of the Small Claims Tribunal, of the 27th January 2015, 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 Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 6th January 2015 whereby they asked the Tribunal to condemn Iemmolo Cristian (ID 72498A), of Ġawhra Mais 1, Triq Caravaggio, Għargħur, to pay the plaintiff company the sum of €1,250.65 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 4/15DMA) is deferred for the 5th May 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 732
732
By a decree of the Small Claims Tribunal of the 3rd March 2015, 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 Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 23rd January 2015 whereby they asked the Tribunal to condemn Dolores De Battista (ID 26724A), of Bayview, Flat 3, Triq Piscopo Macedonia, Saint Paul’s Bay, to pay the plaintiff company the sum of €961.43, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 50/15KPS) is deferred for the 4th May 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 733
733
By a decree of the Small Claims Tribunal of the 9th April 2015, 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 Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 23rd January 2015 whereby they asked the Tribunal to condemn David Paris (ID 547157M), of 55, Triq iż-Żurrieq, Birżebbuġa, to pay the plaintiff company the sum of €259.20, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 59/15DMA) is deferred for the 5th May 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 734
734
By a decree of the Small Claims Tribunal of the 3rd March 2015, 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 30th January 2015, whereby they asked the Tribunal to condemn Roderick Sciortino (ID 206990M), of 3, Tan-Nadur Mans, Flat 3, Triq il-Majjistral, Wied il-Għajn, to pay the plaintiff company the sum of €1,261.25 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 95/15KPS) is deferred for the 4th May 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
27 April 2015
Bann for Curators
735
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 20th April, 2015,following a request of Martin Muscat et, it was ordered that deputy curators be chosen to represent the unknown owners in the the records of the Schedule of Redemption of Groundrent with number 574/15, in the names Martin Muscat et 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 Martin Muscat, Associate Professor, son of Christian Paul Muscat and Pauline née Simiana, born in Tal-Pietà, holder of identity card number 505472M, and Natalie Muscat, wife of the same Martin Muscat, daughter of Leonard Calleja and Giovanna née Balzan, born in Tal-Pietà and holder of identity card number 455876M vs Deputy Curators to represent unknown owners or unknown heirs, on the 17th April 2015, the interpellants Martin and Natalie, spouses Muscat, respectfully pleaded:
That by means of a deed of acquistion in the records of Notary Dr Anthony Abela, dated 20th March 1999, and 7th August 1999, copies annexed, the interpellant Martin Muscat acquired the flat internally marked three (3), forming part of a block of six apartments without number, which bears the name ‘Highbury Court’, in a new street which abuts in Triq it-Turisti (which today bears the name Triq Massimiliano Kolbe), Qawra, limits of Saint Paul’s Bay, including an undivided part of the common parts mentioned in the schedule, bordering this block on the West with property of family Baldacchino, on the East with property of family John Borg, and on the North with the street mentioned, subject to the annual and perpetual groundrent of (€10.41), with vacant possession, with all its rights and appurtenances.
That the said property does not form the ordinary residence of the interpellants.
That the interpellants wish to avail themselves of the faculty granted by Articles 1501 and 1173 of the Civil Code, and redeem this groundrent of (€10.41) that capitalised at 5% according to law amounts to two hundred and eight Euro and twenty cents (€208.20), thus they are humbly calling upon this Honourable Court and under its authority depositing the sum of (€208.20), which sum is to be freely withdrawn by the respondents after the due receipt according to law is left.
Interpellants: Martin and Natalie spouses Muscat, 24, Artistika, Triq Robert Sammut, Tal-Virtù, Rabat, Malta.
Notifiy: Director Public Registry, Triq il-Merkanti, Valletta (2 copies).
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court, and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Madam Jacqueline Padovani Grima, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 736
736
By a decree given by the Civil Court First Hall, on the 27th April, 2015, on the application of Michael Attard Limited(C 32362), Wednesday, 13th May, 2015, at ten in the morning, has been fixed for the Sale by Auction to be held at number sixteen (16), Triq is-Serer, Ħal Qormi, of the following items seized from the property of Falzon John (ID 227071M) and Falzon Romina (ID 337574M).
Vehicle of the make Peugeot with the registration number DRE 777.
N.B.The said vehicle will be sold as described in the acts of file number 10/15.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
27 April 2015
Bann for Curators
737
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 27th February 2015, following a request of Consiglia Attard et, it was ordered that deputy curators be chosen to represent the inheritance of the deceased Alfred Attard, in the Records of the Appeal number 1864/2001, in the names Attard Alfred vs Nikola Vassallo et, and in the relative and subsequent acts.
By means of an Application filed in the Records of the Appeal number 1864/2001, in the cause in the names Attard Alfred vs Nikola Vassallo et, by Consiglia Attard (ID 166646M) et, the applicant pleaded with respect:
That Alfred Attard, the applicant’s husband, identity card number 407343M, died on the 17th March 2013, as results from the documents already exhibited in the records.
That although the decujus had left as his universal heirs his wife Consiglia Attard and his children Antoine Attard, Nataline Farrugia and Diane Micallef, these had also renounced his inheritance by means of a note presented in the Civil Court (Voluntary Jurisdiction), on the 3rd May 2013 (Decree Number 339/2013).
That thus at this stage, the inheritance of the deceased Alfred Attard is vacant, and it is necessary that the interests of the inheritance in the present cause be represented by curators appointed for this purpose.
Thus, the applicant prays with respect that this Honourable Court, appoints Deputy Curators to represent the interests of the vacant inheritance of the inheritance of the deceased Alfred Attard, in terms of Article 807 (3) and 809 of Cap. 12 of the Laws of Malta, and this saving any further provision it deems fit and opportune.
Applicant: ‘Alfred’, Alfred Cachia Zammit Street, Żejtun.
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. Chief Justice Silvio Camilleri, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
27 April 2015
Notice 738
738
It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 16th of April 2015 (Application number 37/2015JVC) by David Gideon High, requested the opening of the Succession of Christopher Colin Green,Bachelor, son of the late Charles Green and Bessie Margaret née Mahoney, born in Seaford, Sussex, England, and who used to reside in St Lawrence, Gozo, in favour of David Gideon High.
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.
Dorianne Cassar
For the Registrar Gozo Courts and Tribunals
28 April 2015
Notice 739
739
It is hereby notified that by a decree dated the 7th April 2015 the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of Articles 187 (3) and 931 (3) of the Code of Organisation and Civil Procedure.
Whereas by a decree dated 7th April 2015 by the said Court upon an application by Maria Portelli, wife of Victor Portelli and others, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are entitled to receive the hereinmentioned groundrent, and this in the records of Schedule of Deposit and Concurrent Redemption of Groundrent bearing number 71/2015 in the names Maria Portelli et versus deputy curators to represent the unknown persons who are entitled to receive the hereinmentioned groundrent filed on the 6th April 2015 in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, as well the other related and subsequent acts.
This schedule of deposit relates to a deed in the records of Dr Notary John Busuttil, of the third (3rd) February, of the year one thousand nine hundred and sixty five (1965), whereby the applicant’s father, Vincent Spiteri, acquired the premises namely a house numbered one and two (1, 2), in Victory Square, Xagħra, Gozo, which premises was then described as subject to an annual and perpetual groundrent of five shillings, equivalent to forty seven euro cents (€0.47).
Whereas by a deed of the abovementioned Notary, of the third (3rd) February, one thousand nine hundred and sixty five, whereby he acquired the premises numbered two (2), Church Street, Xagħra, Gozo, also described as subject to an annual and perpetual groundrent of five shillings, equivalent to forty seven euro cents (€0.47).
That the applicants do not know who is entitled to receive this groundrent, and in fact as far as they know no groundrent was ever paid on the mentioned premises.
Applicants wish to avail themselves of the right granted in terms of Article 1501 of the Civil Code and redeem this groundrent which capitalised at 5% amounts to eighteen Euro and eighty cents (€18.80c).
Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a declaratory note to accept such an assignment and in default, this Court will proceed to nominate an official curator.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Dr Joanne Vella Cuschieri, BA Mag. Jur. (Eur Law), LLD, a Magistrate of the said Court.
Diane Farrugia
For the Registrar Gozo Courts and Tribunals
28 April 2015
Notice 740
740
It is hereby notified that by a decree dated the 23rd March 2015, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of Articles 187 (3) and 931 (3) of the Code of Organisation and Civil Procedure.
Whereas by a decree dated the 23rd March 2015 by the said Court upon an application of Gozo Club Developments Limited (C 15465),and of Engineer Joseph Bajada (ID 36863G), and his wife Lorita Bajada (ID 12769M), whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned groundrent, and this in the records of Schedule of Deposit and Concurrent Redemption of Groundrent bearing number 60/2015 in the names Gozo Club Developments Limited (C 15475) et versus deputy curators to represent the unknown persons who are entitled to receive the hereinmentioned groundrent filed on the 16th March 2015 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as in all the other related and subsequent acts.
This schedule of deposit relates to the contracts of the 23rd November 2007 in the records of Notary Enzo Dimech, whereby:
(a) The applicant Gozo Club Developments Limited acquired the premises consisting of a divided part out of the premises in Triq Marsalforn, Xagħra, Gozo, which has two doors, one marked number one hundred and thirty eight (138), and a separate door with a garage marked with number one hundred and thirty eight letter A (138A), with a garden at the back and with its own airspace. The divided part sold to the applicant measuring circa one hundred and eleven square metres (111 square metres), bounded on the North in part by a garage property of Carmelo and Margaret Grima, and in part by another divided property of the same premises of spouses Bajada, West by a street, on the East by property of Angelo Cremona, as shown in red on the plan attached to the schedule of deposit as document TE2.
(b) The applicants spouses Bajada acquired the property consisting of a divided part of the premises in Triq Marsalforn, Xagħra, Gozo, which consists of two doors, numbered one hundred and thirty eight (138), and another with a garage number one hundred and thirty eight “A’’ (138A), with a garden at the back and its own airspace. The divided portion sold to the spouses Bajada is bounded on the South by the divided portion sold to the company Gozo Club Developments Limited, West by a street, on the East by property of Angelo Cremona, and North in part by a garage property of Carmelo and Margaret Grima, and in part by property of Angelo Cremona, indicated in blue and red on the plan attached to the schedule of deposit as Document JBI. Excluded from this sale to the spouses Bajada there is that part which is indicated by the letter ‘A’ and coloured red without its own airspace, which shall remain the property of Carmelo and Margaret Grima.
That as a result the property acquired through this contract is subject to an annual and perpetual groundrent of two Euro and fourteen cents (€2.14).
Applicants wish to avail themselves of the right granted to them in terms of Article 1501 of the Civil Code and redeem the said groundrent.The amount of two Euro and fourteen cents (€2.14) when capitalised at 5%, amounts to the sum of forty two Euro and eighty cents (€42.80).
Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a declaratory note to accept such an assignment and in default, this Court will proceed to nominate an official curator.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section, under the signature of Dr Paul Coppini, a Magistrate of the said Court.
Diane Farrugia
For the Registrar Gozo Courts and Tribunals
28 April 2015
Notice 741
741
It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 17th April 2015 (Decree number 63/2015, following application number 41/2014), Vincenza Theuma, spinster, daughter of Paul and Maria Antonia née Galea, born and residing in Xagħra, Gozo, identity card number 41046(G), has been Interdicted from all acts of civil life.
Paul Teuma, son of Francis Teuma and the late Mary néeBartolo, born in Sydney, Australia, and residing in Xagħra, Gozo, identity card number 232485(M), has been nominated as her curatrix by virtue of the said decree.
DORIANNE CASSAR
Deputy Registrar
28 April 2015
Notice 742
742
By a decree given by the Civil Court First Hall, on the 6th February 2015, on the application number 1048/2013, Falliment ta’ Martin Cilia, Tuesday, 5th May, 2015, at half past ten in the morning, has been fixed for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:
The apartment numbered fifteen (15), in a block of apartments named ‘Sapphire Court’, in Triq San Franġisk, Saint Paul’s Bay, valued at one hundred and sixteen thousand Euro (€116,000).
The garage unumbered underlying a block of apartments numbered forty three (43), in Triq Ramon Perellos, Saint Paul’s Bay, valued at one hundred twelve thousand Euro (€112,000).
These properties are presently occupied by third parties which they claim they are renting.
The said tenements are property of Martin Cilia.
N.B. The said tenements will be sold as described in the reports sworn by Architect Ronald Muscat Azzopardi and as described in the judicial sales act 10/15.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
28 April 2015
Notice 743
743
By means of a decree given on the 21st April 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Joseph Degiorgio et vs Edith Galea, Application number 172/09, the following publication was ordered for the purpose of service of the respondent Ronald Galea 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 Joseph Degiorgio and Concetta Degiorgio vs Edith, sive Maria, wife of Ronald Galea, and the same Ronald Galea, and by a decree of the 3rd March 2015, following the death of Edith Galea, the records were transferred in the name of her husband Ronald Galea, Application number 172/09 JA, the defendants respectfully pleaded:
That in virtue of a judgement given by the First Hall Civil Court, on the 28th November 2011, that Honourable Court upheld all the plaintiff’s demands and ordered the eviction of the defendants from their residential home.
That they felt aggrieved both by this judgement, and thus are filing an appeal therefrom.
The grievance is clear and manifest and consists in the following:
(1) This judgement was given to the great surprise of the defendants. As stated by the same judgementin this cause, the plaintiffs are demanding that they be given the possession mentioned in the original application. During the proceedings, the defendants themselves filed a lawsuit against the plaintiffs were they asked for a declaration of nullity of the deed of acquistion of the plaintiffs. This request was rejected by a judgement of this same Court given on the 11th July 2011.
But there was more than this.The lawsuit presented by the defendants to attack the title of the present plaintiffs came before the Court differently presided and following an application, the two lawsuits were recalled before the same Court.
Naturally, the connection of the lawsuits and the recalling of the lawsuit of the defendants before the same Court brought one to depend on the other. If the respondents did not have a valid title, than they had no right to ask for the eviction. The Honourable Court of First Instance decided the cause of the respondent defendants and this was appealed.
The dispute in this lawsuit was not whether there was a right of eviction but an extension of the contract which the respondents had, and this especially because it was part of one premises from which the barn was dismembered. In this premises there lived the appellants, and the predecessor of the appellants had the barn in which he put the horse and carriage he used for work. The appellants had asked that instead of appointing an Architect an access be held so that the Court can establish de visu these facts.
...........omissis...........
Thus, in this cause everything was based on the extension of the acquistion of the appellants as a part of the applicant’s home, if the plaintiffs had a valid title.
That thus, this judgement appealed militates against the law and logic, and above all as to how it should have been proceeded with. This is proved from the connection of the causes ordered by the same Court and the demands in both lawsuits.
(2) The second grievance is as to whether the Honourable First Court could when the proof was being gathered in the cause which has been long appealed to use the same records as if they were before it.
(3) The third grievance is the connection of the causes, in this particular cause (and there were more like it), necessarily brings about that the cause is subordinated to the final outcome of the other ...omissis... It was clear that it was intended that in the first place the lawsuit relating to the validity of the title is decided, and consequently the Court pass on to the second, but the outcome has to be final.
(4) The motivation of the Honourable Court of First Instance is mistaken. The applicants were attacking the present law suit in radice and its proof are valid in regard to this. And then in this subordinately there was the dispute regarding the extension of the claim of the appellants.
Thus, the applicants respectfully pray that this Honourable Court cancel and annul the judgement appealed and send back the records before the Court of First Instance, and if this be the case after the appeal filed by the appellants in the inverted cause is decided and in any case revoke the judgement appealed.
With costs of both instances against the respondent plaintiffs.
That by means of an Application of the 2nd February 2015, filed in the Court of Appeal, in the records of the Application 172/09, in the names Joseph Degiorgio et vs Edith Galea et, the defendant Joseph Degiorgio et respectfully pleaded:
That following application dated 29th April 2014 and the decree of this Honourable Court, dated 27th June 2014, the applicants are presenting a copy of the testamentary certificates of the deceased Edith Galea issued by the Public Registry (Doc. A) and by the Civil Court (Voluntary Jurisdiction Section) (Doc. B), as well as the last will of the same Edith Galea, in the records of Notary John Gambin, and dated 9th December 2013 (Doc. C), whereby it results that the decujus left as her sole universal heir her husband Ronald Galea (ID 258841M), of 51, Triq il-Karmnu, Saint Julians.
Thus and with reference to the application of the 29th April 2014, the applicants asked this Honourable Court to order that the proceedings wherever there occurs the name of Edith Galea be transferred on to that of her husband Ronald Galea, and this under all those provisions that this Honourable Court deems fit to impose.
Court of Appeal
His Honour the Chief Justice Silvio Camilleri, LLD
Hon. Mr Justice Giannino Caruana Demajo, LLD
Hon. Mr Justice Noel Cuschieri, LLD
Writ of Summons Number 172/2009
Joseph Degiorgio et vs Edith Galea et
The Court
Having seen the application
Upholds the request and orders the opportune annotations.
Whereas the written procedures in the cause before the Cout of Appeal between Joseph Degiorgio and Concetta Degiorgio vs Edith, sive Maria, wife of Ronald Galea, have been closed, and the same Ronald Galea, and by a decree of the 3rd March 2015, following the death of Edith Galea the records in her name were transferred on to the name of her husband Ronald Galea, the Court fixed the hearing of the cause on Monday eighth (8th) of June 2015, at 9.00 a.m.
Notify: Ronald Galea, 51, Triq il-Karmnu, Saint Julians.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
28 April 2015
Notice 744
744
By a decree given on 27th April, 2015, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By a decree given by the Civil Court First Hall, on the 19th January, 2015, on the application of Bank of Valletta plc, Thursday, 7th May, 2015, at eleven in the morning,has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta, of the following property:
The temporary utili dominju for the remaining period of two hundred (200) years, that commenced from the twenty first (21st) of February of year one thousand nine hundred and sixty (1960), of tenement sive penthouse internally marked eighteen (18), forming part of a block externally numbered fourteen (14) letter ‘A’ (14A), and named ‘Boylan Buildings’, in Triq Għar il-Lembi, Sliema, subject to annual and perpetual groundrent of forty six Euro and fifty nine cents (€46.59), otherwise free and unencumbered, valued at three hundred and sixty thousand Euro (€360,000).
The said tenement is the property of Maria Dolores Grech (ID 66543M), Maria Carla Drago (ID 45969M) and Alexia Camenzuli (ID 234878M).
N.B. The said tenement will be sold as described in the acts of the judicial sales number 94/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
28 April 2015
Notice 745
745
By means of a decree of the 24th March 2015 of the Civil Court First Hall in the records of judicial letter number 272/15, in the names Marina Ciarlò vs Miguel Borg et, the following publication was ordered for the purpose of effecting service on the respondent Nikolai Borg in terms of Article 187 (3) of Cap. 12.
In the First Hall of the Civil Court
To: Miguel Borg
Nikolai Borg of Flat 1/34, Triq Ġużè Duca, Ħal Qormi
Sarah Borg
By the present Marina Ciarlò (ID 772954M), of 11, Triq is-Siegħ, Ibraġ, Swieqi, whilst referring to the will dated 4th June 2014 in the records of Notary John Gambin of the testator Joseph Borg who died on the 24th December 2014, and whilst also referring to the legacy bequeathed to her in the same will, or rather of the following premises, that is:
1. The maisonette with number 11, Triq is-Siegħ, Ibraġ, Swieqi, that is found in the ground floor which includes the back yard, underlying the maisonette property of Gary Bartelings or his predecessors in title, and overlying part of the garages complex, which maisonette has in common the pipes and the drainage systems of the overlying maisonette, and also the outer stairs, which enjoys the servitude mentioned in the judicial letter, and with the right of access to the said roof in order that maintenance, service and repair of the said services, including the contents of the said maisonette as described in the said will; and
2. Lock up garage without number and without name, situated in a garage complex underlying the above mentioned maisonette and also underlying other adjacent maisonettes, which garage complex is accessible from the entrance without number in Triq is-Siegħ, l-Ibraġ, Swieqi, which garage is the third garage from the left as one enters the drive in from the mentioned road and which enjoys the servitude mentioned in the judicial letter, which garage is bounded from the North with another garage belonging to Ocean Properties Limited or its predecessors in title, from the South with another garage belonging to Wong or its predecessors in title, and from the East with common space for the common use.
Calls upon you as universal heirs of the mentioned testator in virtue of the will in question so that within one week from today you come forward for the publication of the notarial deed whereby you formally put the applicant legatee in possession of the legacy bequeathed to her, and this as you are obliged so to do according to law.
The applicant warns you that in case that the time give to you passes uselessly, as you would have remained in default she will not have any alternative but to proceed against you with all the means at law, without further notice.
This judicial letter is being made principally, although not limitedly, in terms of Cap. 16 of the Laws of Malta and according to law.
So much for your own guidance and to avoid costs and further legal procedures.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
28 April 2015
Notice 746
746
IT IS BEING NOTIFIED that by a decree dated 25th April, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Gabriella Vella, BA, LLD), Compilation number 389/2015 in the case:
The Police
(Inspector Herman Mula)
(Inspector James Grech)
Versus:
JOMIC CALLEJA, 29 years, unemployed, son of the late Alfred and Helen née Farrugia, born in Tal-Pietà, Malta, on the 18th November 1985, residing at Savoy Gardens, Block B, Flat 15, Luqa Briffa Street, Gżira, Malta, and holder of identity card bearing number 565185(M).
ORDERED the attachment in the hands of third parties in general, all monies and other movable property due or pertaining, or belonging to JOMIC CALLEJA, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)
27 April 2015
Notice 747
747
NOTICE
Whereas Joanne Monsigneur (ID 210065M), filed an application under oath (No 51/2015/LSO), demanding Correction in the Acts of Birth numbers 4262/1995,2797/1993, 2100/1965and in the Act of Marriage number 1024/1986 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.
Josette Demicoli
For the Registrar Civil Courts and Tribunals
29 April 2015
Notice 748
748
By a decree of the Small Claims Tribunal, of the 26th November 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).
Daniel Briffa (ID 243988M) of 34, Zeus, Velerran Street, Fgura, filed a Claim, on the 30th July 2014, whereby he asked the Tribunal to condemn EBN (Ebiz Network Solutions) Limited (C 30564) of Unit 2060, Kordin Business Incubation Centre, Industrial Estate, Kordin, Paola PLA 08, to pay the plaintiff the sum of €2,781.39 which amount is due to the plaintiff.
With costs and legal interests.
The case (Claim Number 533/14DMA) is deferred for the 12th May 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
29 April 2015
Notice 749
749
By a decree of the Small Claims Tribunal, of the 30th January 2015, 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).
Emanuel Micallef (ID 36763M) of Jaguar Garage, Vjal il-Ħaddiem, Rabat, Malta, filed a Claim, on the 24th October 2014, whereby he asked the Tribunal to condemn Stephan Fenech (ID 309571M) of The Penthouse, AIV Care Building, Triq il-Kappara, Mosta, to pay the plaintiff the sum of €3,115 which amount is due to the plaintiff.
With costs and legal interests.
The case (Claim Number 717/14GB) is deferred for the 8th May 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
29 April 2015
Notice 750
750
By a decree of the Small Claims Tribunal, of the 3rd March 2015, 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).
GSD Marketing Limited (C 3774) previously Falcon Wines & Spirits Limited of Marsa Industrial Estate, Marsa MRS 3000, filed a Claim, on the 27th January 2015, whereby they asked the Tribunal to condemn Sandro Bianchi (ID 450865M) and Simone Bianchi (ID 233365M) of 5, Melita Mansions, Triq il-Knisja, Sliema, to pay the plaintiff company the sum of €2,924.88 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 64/15DMA) is deferred for the 12th May 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
29 April 2015
Notice 751
751
By means of a decree given by the First Hall Civil Court, on the 15th April 2015, in the records of the Sworn Application, in the names Michael Attard pro et noe vs Anthony, sive Antoine Vassallo et, application number 158/15 LM, the following publication was ordered for the purpose of service of the respondent Dr Pierre Falzon 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 Michael Attard (ID 779959M) in his own name and in the name and in representation of the company Michael Attard Limited (C 32362) vs 1. Anthony, known as Antoine Vassallo (ID 825847M), 2. Antonia Vassallo (ID 187446M), 3. Dr Pierre Falzon (ID 535060M), 4. Massimo Vassallo (ID 572777M), 5. Clint Vassallo (ID 465985M), 6. Director Public Registry, 7. Land Registrar, 8. HSBC Bank Malta plc (C 3177) for any interest it may have, 9. Bank of Valletta plc (C 2833) for any interest it may have, 10. Notary Dr Ann Fenech Adami (ID 101168M) for any interest she may have, on the 20th February 2015, the applicant Michael Attard (ID 779959M) in his own name and in the name and in representation of the company Michael Attard Limited (C 32362) asked this Honourable Court, saving any necessary declarations and the opportune provisions given:
To declare and decide that the signatures there are on the public deed in the records of Dr Pierre Falzon, dated 30th October 2007, (Doc PF1), 21st December 2007 (Doc PF2), and 1st June 2009 (Doc PF3) are not of Michael Attard (ID 779959M), and this if necessary by means of the appointment of referees, declare and decide that the public deeds in the records of Dr Pierre Falzon, herein mentioned were received and published without the consent of Michael Attard (ID 779959M) in the name and in representation of Michael Attard Limited, and uphold the other demands in the application.
With costs and saving any further action due to the applicants against the respondents or either of whom from now summoned so that a reference to their evidence be made.
Applicant: Michael Attard Limited, National Road, Blata l-Bajda.
Respondent: ...........omissis...........
Dr Pierre Falzon, 29, Swansea Crt, Flat 1, Triq it-Tempesta, Saint Paul’s Bay.
...........omissis...........
The Sworn Application in the names Attard Michael proprio et nomine vs Vassallo Anthony, sive Antoine et, application number 158/15 LM, has been deferred for hearing to the 6th May 2015, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
29 April 2015
Notice 752
752
IT IS BEING NOTIFIED that by a decree dated 28th April, 2015 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Miriam Hayman, LLD),Compilation number 1167/2014 in the case:
The Police
(Inspector Pierre Grech)
Versus:
JOHNSON KENNY, 30 years, Tile Layer, son of the late Kenny and Exta, born in Edo State, Nigeria, on the 6th June 1984, residing at number 284, Via Liguria, Udine, Italia, and holder of Italian Identity Card bearing number AT 7605146 issued from the Comune di Udine on the 21st June, 2013.
ORDERED the attachment in the hands of third parties in general, all monies and other movable property due or pertaining, or belonging to JOHNSON KENNY, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)
29 April 2015
Bann for Curators
753
Republic of Malta
To The Marshall of the Court
By means of a decree by this Court, on the 13th April 2015, following a request of Brian Construction Limited, it was ordered that Deputy Curators be chosen to represent the absent respondents from Malta, in the records of the Schedule number 204/14, in the names Brian Construction Limited vs Deputy Curators and in the relative and subsequent acts.
By mean of a Withdrawal Application of Brian Lia (ID 258676M), in the name of Brian Construction Limited, duly authorised, in the records of the Schedule Number 204/14, the applicant premised:
That in virtue of a judgement of the First Hall Civil Court, given by Madam Justice Jacqueline Padovani Grima, in the names Brian Consruction Ltd (C 34492) vs Martin Solito, in his own name and Martin Solito Restauratore S.r.L. (application number 84/2014 JPG), which judgement was given on the 26th February 2015, the defendants were condemned to pay the global sum of €100,151.76 in favour of the applicant company besides the judicial expenses in the amount of (€4,980.43) besides the costs of the Garnishee Order and legal interest reserved according to law till the date of effective payment.
That in the Registry of this Court, there are deposited in the names of the above mentioned Martin Solito, by Schedule number 161/2014, the sum of (€26,023.96).
That the applicant company wishes to withdraw the sum deposited without more delay, and thus humbly prays that it be authorised to withdraw the entire amount above mentioned deposited as part of a larger sum due to the company represented by him according to the judgement mentioned.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court, and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Mark Chetcuti, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
28 April 2015
Notice 754
754
By decree given by the CIVIL COURT, FIRST HALL on 27th April 2015 , on the application of CYCLE WORLD LIMITED, Wednesday, 24th June, 2015 at half past ten in the morning (10.30 a.m.), has been fixed for the SALE BY AUCTION, to be held at garage No 8, Triq ta’ Xmiexi, Msida of the following items seized from Saifiddin Ben Ali and by decree of 15th Decemebr 2014 was nominated Dr. Geoffrey Mifsud Farrugia.
Motorcycle of the make Triumph with registration number TST – 675.
N.B.The said objects will be sold as described in the acts of the judicial sales number 5/2014
Rudolph Marmarà
For the Registrar of Civil Courts and Tribunals
29 April 2015
Notice 755
755
By means of a decree given on the 25th March 2015, by the Rent Regulation Board, in the records of the Sworn application, in the names Tabone Dottor Michelle noe vs La Rose De Cristofaro Helen, application number 100/14 GG, the followig publication was ordered for the purpose of service of the respondent Helen La Rose De Cristofaro, 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 Dottor Michelle Tabone in her capacity of Bursar of the Apostolic Administrator His Excellency Monsignor CharlesJ. Scicluna as Administrator of all the Ecclesiatical Property of the Diocese of Malta and if necessary MonsignorArchimandrite George Mifsud Montanaro, in the name and in the interest of the Parrochial Province of the Greek National Cathloic Church in Malta,vs Helen La Rose De Cristofaro, ID 285536(M) on the 11th December 2014, the applicant Dottor Michelle Tabone (ID number 138371M) nomine et asked this Honourable Board;
To order the eviction of the respondent Helen La Rose De Cristofaro, from the premises 133, Archbishop Street, Valletta, within a short and peremptory period that the same Board shall fix after it gives the opportune provisions.
Applicant: Dr. Michelle Tabone nomine et,
Archbishop’s Curia, Floriana.
Respondent: Helen La Rose De Cristofaro, ‘Helenette’ Triq tas-Sliema, San Ġwann, Kappara.
The Sworn Application in the names Tabone Dottor Michelle noe vs La Rose De Cristofaro Helen, application number 100/14 GG, has been put off for hearing to the 11th May 2015, at 9.00 a.m.
Adv. Frank Portelli, LL.D.
For the Reġistrar, Civil Courts and Tribunals..
29 April 2015