Court Notices published in Govt. Gazette No. 19,375 of 27 January 2015
Notice 137
137By means of a decree given on the 23rd December, 2014, by the Civil Court (Family Section), in the records of the Application, in the names Grima Keith Carl vs Gauci Adonelle, Application number 392/14 AL, the following publication was ordered for the purpose of service of the respondent Adonelle Gauci in terms of Article 187 (3) of Cap. 12.
By means of an Application filed in the Civil Court (Family Section), in the names Keith-Carl Grima (ID 1233781M) vs Adonelle Gauci (ID 629981M), on the 16th September, 2014, the applicant Keith-Carl Grima asked this Honourable Court:
To pronounce the dissolution of the marriage between the parties, and uphold the other demands in the application.
Applicant: ‘Samba’, Main Street, Żebbuġ.
Respondent: 7, Flat 2, Triq il-Ballut, Ħ’Attard.
The Application in the names Grima Keith Carl vs Gauci Adonelle, application number 392/14 AL, has been deferred for hearing to Thursday, 19th February, 2015, at 9.15 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 138
138By a decree of the Small Claims Tribunal, of the 12th December, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Gollcher Company Ltd (C 3701), of19, Zachary Street, Valletta, filed a Claim, on the 4th September, 2014, whereby they asked the Tribunal to condemn Wayne Cassar in his own name, and carrying on trade with the name Breeze Express, of 4, Casa Kimron, 14th November Street, Santa Venera, to pay the plaintiff company the sum of€1,725.47 which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 621/14GB) is deferred for the 3rd February, 2015 at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 139
139It is hereby notified in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 15th January, 2015, and this after a written plea numbered 226/2014 ordered:
The correction of the Act of Birth of Luke Demarco, bearing number 1493 of the year 2003, and that of Sean Demarco, bearing number 1494 of the year 2003, under the columns entitled “Names or names by which child is to be called”, in the Act of Birth number 1493/2003 the names “Christian Mark George” are to be cancelled, and in the Act of Birth number 1494/2003 in the same column the words “Andrew Sebastian” are to be cancelled.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 140
140It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision ofNotarial Acts, by a Decree dated the 15th day of January, 2015, and this after a written plea numbered 117/14 ordered:
The correction of the Act of Death of Carmelo Vella, bearing number 223 of the year 2013, in the column entitled “Whether married or unmarried, widower or widow”, the word “Bachelor” must be cancelled, and replaced with the words “Married to Dolores Vella née Hili.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 141
141By means of a decree given on the 4th September, 2014, by the First Hall Civil Court, in the records of the Sworn Application, in the names Cauchi Iris et vs Abela Carmel, application number 440/14 LSO, the following publication was ordered for the purpose of service of the defendant Carmel Abela 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, Iris, widow of Edgar Cauchi (ID 617625M), as well as Jennifer Cauchi (ID 321954M), in her own name and in the name and in representation of her absent brother John Cauchivs Carmel Abela (ID 534938M), on the 21st May, 2014, the applicant Iris Cauchi et asked this Honourable Court:
To decide and declare that the respondent has no valid title to continue in occupation of the property in dispute, and namely, the property in Żejtun, in the vicinity of “Tal-Kotob”, which property is being used as an animal farm, and has a superficial area oftomnejn, żewġ sigħan and seba’ deċimi ta’ kejla, equivalent to 2,760 square metres, and order the eviction of the respondent from the same property within a short and peremptory period fixed to him.
With costs and saving any further action against the respondent summoned so that a reference to his evidence be made.
Respondent: 80, Triq Santa Marija, Żejtun.
The Sworn Application in the names Cauchi Iris et vs Abela Carmel, application number 440/14 LSO, has been deferred for hearing to the 3rd February, 2015, at 9.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 142
142IT IS BEING NOTIFIED that by a judgement given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Dr Audrey Demicoli LLD), on the 16th May, 2014, Comp. No. 340/2010, and was confirmed by the Court of Criminal Appeal (Justice Dr Michael Mallia, LLD), Appeal No. 225/2014 on the 15th January, 2015, in the case in the names:
The Police
(Inspector Yvonne Farrugia)
Versus:
AARON MIZZI, 34 years, son of Joseph and Rita née Cassar, born in Tal-Pietà, Malta, on the 27th May, 1980, residing at number 9, Belt Valletta Street, Ħal Qormi, Malta, and holder of identity card number 258980M.
ORDERED the general interdiction for the period of five (5) years from today, and also the interdiction to serve as a witness and as an architect of the said Aaron Mizzi according to Article 109 of the Criminal Code of Cap. 9 of the Laws of Malta.
This is being published according to Article 10 (7) of Cap. 9 of the Laws of Malta.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals
Notice 143
143IT IS BEING NOTIFIED that by a judgement given by the Court of Criminal Appeal (Justice Dr Michael Mallia, LLD), Appeal No. 80 and 93/2014 on the 15th January, 2015, in the case in the names:
The Police
(Inspector Ian J. Abdilla)
Versus:
IVAN MUSCAT, 38 years, son of Lawrence and the late Claudia née Gauci, born in Ħ’Attard, Malta, on the 16th of November, 1976, residing at number 3, November Rain, Blue Grotto Avenue, Żurrieq, Malta, and holder of identity card number 579976M.
ORDERED the general perpetual interdiction against the said Ivan Muscat according to Article 119 and 23B of Cap. 9 of the Laws of Malta.
This is being published according to Article 10 (7) of Cap. 9 of the Laws of Malta.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals
Notice 144
144By means of a decree given on the 19th November, 2014, by the Court of Appeal, in the records of the AppealApplication, in the names B & B Construction Limited vs Attard Josephine, Application number 10/06 FDP, the following publication was orderedfor the purpose of service of the respondent Joseph Attard 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 B & B Construction Limited (C 5418) vs Josephine Attard (ID 173554M), on the 9th May, 2013, the applicant company B & B Construction Limited respectfully pleaded:
Procedures before the Court of First Instance.
1. By means of an application dated 2nd October, 2006, the interpellant company asked this Board to authorise it to take back possession of the field with the name “Tal-Imrieħel”, and known as “Ta’ Wied is-Sewda”, in the limits of Ħ’Attard, and this since the larger part of the wall of the same field suffered huge damages and was left in this state.
2. By means of a reply dated 27th October, 2006, the respondent pleaded in brief that the wall in question is not delapitated but is a low wall. That the wall was always in its actual state ...omissis... and the field in question forms an important part of its living.
3. By means of a judgement dated 25th April, 2013,the Rural Leases Control Board upheld all the pleas of the respondent, and rejected the demands of the appellant applicant company.
The grievance of the Appellant company.
4. The appellant company felt aggreived by this judgement, and is thus filing the humble appeal before this Honourable Court.
5. The grievance of the appellant company is clear and manifest. With all due respect, the Rent Regulation Board made a wrong appreciation of the proof, however even to make an evaluation, it departed from the limits imposed by Article 4 (2) (f) of Chapter 199 of the Laws of Malta.
The considerations of the Appellant company.
6. The photos attached to the report of the architect appointed ex parte AIC Etienne Micallef Grimaud, show that the wall which borders the field in question property of the applicant company is dilapitated. This fact is corroborated by the report of the experts appointed by the Board ...omissis... In any case even if the wall was always low as the respondent is saying its state, and this as indicated by the experts appointed by the Board in their report still shows an evident lack of maintenance and holding in good condition of the field walls for a long period and certainly for more than the two years required by Article 4 (2) (f) of Cap. 199.
7. Furthermore, in the opinion of the applicant company, the considerations of the Board that the walls ‘were never changed and/or that any further damage was caused to them’ absolutely do not excuse the respondent from abandoningthe wall and allowing to dilapidate. In similar cases, it lies with the lessee to hold the wall in a good state, and in this case it is evident that this did not occur. The fact that the field was tiled for a long period of time does not mean that the requisites of Article 4 (2) (f) were not satisfied.Infact, the same Article is one completely separate from Article4 (2) (d) which provides for a remedy when the field was not tiled ..omissis... In this respect, the appellant company notes that if the legislator wanted that the fact that the field is tiled is enough in order to presume that the field walls were held in good state, he would not have separated the two subarticles in the law ...omissis... It is also noted that the observationsof the Board in its Decisionthat ‘the walls are in their original state although somewhat lower from that generally accepted’does not find any confort in the law Article 4 (2) (f) binds the lessee to repair and hold in good condition the field walls. This indipendently of every other fact had to serve so that the Board finds that the default contemplated in Article 4 (2) (f) occured, and thus the taking back of the field in question was justified.
8. It is added thus that the measures of a ‘particularkind’ used by the Board in its decision does not empower it’tocompletely forget the provisions of the law on which it is deciding. The requisites of article 4 (2) (f) which exists independently from every excusing factor in the opinion of the applicant once the Board establishes that there exists the lack of maintenance and holding in good order of the field walls, it should order the taking back of possession. It is humbly submitted further that for the purposes of Article 4 (2) (f) of Cap. 199 there is no need of an express agreement so that the lessee take care of the field.
9. It is stated in the end that it is the case that as regards the facts, the Court at an appeal stage should not normally disturb the appreciation of the proof made by the Court of first instance ...omissis... In any case, it is statedthe Court is always ‘in the duty to evaluate well and new the proofmade in the first instance’. This naturally in order to avoid that injustices take place.
Thus and for the reasons premised, the appellant company whilst making reference to the records of the proceedings, and whilst reserving the right to bring all that proof permitted to it by law, prays with respect that this Honourable Court revokes, cancels and annuls the decision appealed dated 25th April, 2013, in the names B & B Construction Limited (C 5418) vs Josephine Attard (ID 173554M) (Application number 10/2006/1), as demanded in this application, with all costs against the respondent.
Respondent: 8, Triq De Rohan, Sqaq Nru. 1, Ħaż-Żebbuġ.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 145
145By means of a decree given by the First Hall Civil Court, on the 10th December, 2014, in the records of the Sworn Application, in the names Borg Darren et vs Geomike Ltd, application number 1061/14 JPG, the following publication was ordered for the purpose of service of the respondents 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 Darren Borg and David Borg vs Geomike Ltd (C 8820), on the 24th November, 2014, the applicant company Geomike Ltd (C 8820), as represented asked this Honourable Court:
To order that in terms of Article 281 of Cap. 12 of the Laws of Malta, and for the reasons mentioned in this application order that the Warrant of Seizure 1331/14 MG, in virtue of which it authorised the seizure of the things seized be cancelled, and this according to the provisions this Honourable Court deems fit, and order that the things seized be released in favour of applicant so that he can continue to work from the premises ‘Cote Azzur’, Triq Sant’ Antnin, Marsaskala.
Notify: Dr Lydia Abela, 43/32nd Floor, Strait Street, Valletta.
The Sworn Application Borg Darren et vs Geomike Ltd, application number 1061/14 JPG, has been deferred for hearing to the 4th February, 2015, at 1.00 p.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 146
146By means of a decree given on the 15th July, 2014,by the Civil Court First Hall, in the records of the Sworn Application, in the names Azzopardi Godfrey Dr et vs Tawfik Issa Isslam, application number 447/14 AE, the following publication was ordered for the purpose of service of the defendant 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 Dr Godfrey Azzopardi (ID 525883M) and Michael Azzopardi (ID 581057M), in his capacity of special mandatary in the name and in representation of the absent Dr Kelvin Cortis (ID 541483M) and Ingrid Cortis (ID 181283M) vs Issa Isslam Tawfik (ID 20380A), on the 23rd May, 2014, the applicant Dr Godfrey Azzopardi (ID 525883M) and Michael Azzopardi (ID 581057M) noe and Ingrid Cortis (ID 181283M) asked this Honourable Court:
To declare that the works that the respondent carried out in the block of apartments above mentioned are not according to the trade or art, are defective and are not ‘finished’ as required by the trade, declare thus that the respondent was not entitled for the payment of the price of works carried out in the property mentioned in the application, and uphold the other demands in the application.
The respondent is summoned so that a reference to his evidence be made.
Saving any right of action due to the applicant against the respondent.
Applicant: Shalom, Żejtun Road, Marsaxlokk.
Respondent: 165, Buontempo Buildings, Flat 3, Wied Ħal Balzan, Ħal Balzan.
The Sworn Application in the names Azzopardi Godfrey Dr et vs Tawfik Issa Isslam, application number 447/14 AE, has been deferred for hearing to the 28th January, 2015, at 8.30 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 147
147IT IS BEING NOTIFIED that by a decree dated 20th January, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman LLD), Compilation number 839/2014 in the case:
The Police
(Inspector Herman Mula)
(Inspector Pierre Grech)
Versus
SAM ZINA, 19 years, unemployed, son of Khalil Zina and Carmen Zina Dimech née Dimech, born in Tal-Pietà, Malta, on the 12th August, 1995, residing at Block E, Flat 23, Ġilju Street, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 168195M.
ORDERED the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to SAM ZINA, 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)
Notice 148
148IT IS BEING NOTIFIED that by a decree dated 16th January, 2015, given by the Criminal Court (Malta) - (Justice Dr Antonio Mizzi, BA, LLD), following an application filed by Maria Cassar Kruger, on the 19th December, 2014, Compilation number 826/2014 in the case:
The Police
(Inspector Herman Mula)
Versus
ANGEL ATTARD, 32 years, Plasterer, son of Raymond and Carmen née Azzopardi,born in Tal-Pietà, Malta, on the 21st October, 1981, residing at Savoy Gardens, Block J, Flat 20, D’Argens Street, Gżira, Malta, and holder of Maltese identity card bearing number 632281M.
ACCEDED to the request of Maria Cassar Kruger in the sense that the Court authorised the accused Angel Attard to appear for the publication of a contract for the cancellation of a hypothec with number Vol. H. 8768/2005, after a contract of sale of movables dated 31stMay, 2005, in the records of Notary Rachel Busuttil between Maria Cassar Kruger (ID 140076M) andthe accused Angel Attard and his then wife Karen Attard Valentine.
The publication of this order is being published in terms of Article 22A of Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta of Article 5 (1) (a) (b) and 5 (2) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication published in the Government Gazette on 12th September, 2014, after a decree given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Claire L. Stafrace Zammit LLD), on the 4th September, 2014, whereas the Court ordered the attachment in the hands of third parties in a general manner all monies and other movable and immovable property which may be due to, or belonging to Angel Attard.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals
Notice 149
149IT IS BEING NOTIFIED that by a decree dated 16th December, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Carol Peralta, LLD), after an application filed by Brian Buttigieg and Joanne Cutajar on the 4thNovember, 2014, Compilation Number 417/2013 in the case:
The Police
(Inspector Anne Marie Xuereb)
Versus
BRIAN BUTTIGIEG, 40 years, Property Negotiator, son of Saviour and Geltrude née Pace, born in Pietà, Malta, on the 11th July, 1974,residing at ‘Mandalay Court’, Flat 3, Ħaż-Żebbuġ Street, Ħ’Attard, Malta, and holder of identity card bearing number 312274M.
AND
JOANNE CUTAJAR, 31 years, Housewife, daughter of Consiglio and Josephine née Mallia, born in Tal-Pietà, Malta, on the 19th September, 1983,residing at ‘Mandalay Court’, Flat 3, Ħaż-Żebbuġ Street, Ħ’Attard, Malta, and holder of identity card bearing number 472383M.
ACCEDED to the request of Brian Buttigieg and Joanne Cutajar in the sense that the Court authorised them to pay the Home Policy with Middle Sea Insurance bearing number P95016921 on which there is a payment of €71.65 which has to be paid on every 1st February of every year and a Life Assurance with Middle Sea Insurance also, which insurance is precisely MSV Life Assurance Policy bearing number FP467971 on which there is a payment of €888.36 which has to be paid on every 1st December of every year. This payment shall be made by a Standing Order where the Bank of Valletta plc pay the said insurance company from the savings account of the accused Brian Buttigieg bearing number 138 1694 4017.
The publication of this order is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following another publication published on the 18th February, 2014, after a decree given by the same Court on the 13th February, 2014, and following another publication published on the 22nd November, 2013, after a decree of the same Court on the 14th November, 2013, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to, or belonging to Brian Buttigieg and Joanne Cutajar.
Marvic Psaila
Deputy Registrar Criminal Courts and Criminal Tribunals
Notice 150
150It is hereby notified that in virtue of the powers conferred on it by Article 257 of the Civil Code, the Court of Revision of Notarial Acts by a Decree dated the 15th January, 2015, and this after a written plea numbered 99/2014 ordered:
The correction of the Act of Marriage of Valentino Cassar and Vanya Georgieva Yordanova, bearing number 7 of the year 2014, under the columns entitled ‘Name and surname of Father, and Name, Surname and Maiden Surname of mother’, the words “Georgiev Yordanov” are to be cancelled, and substituted with the words “Yordanov Georgiev”.
Janet Calleja
For the Registrar Court of Revision of Notarial Acts
Notice 151
151By means of a decree given on the 6th November, 2014, by the Court of Appeal, in the records of the Appeal Application, in the names, Victor Vella et vs Brian Micallef, Application number 361/14, the following publication was ordered for the purpose of service of the respondent Brian Micallef 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 Records of the Warrant of Prohibitory Injunction number 757/2013, in the names Victor Vella and his wife Marisa Vella vs Brian Micallef, Spiridione, sive Dione Chetcuti and Isabelle Chetcuti, on the 17th September, 2014, the applicant Victor Vella identity card361066M and his wife Marisa Vella (ID 394170M), respectfully pleaded:
That on the 23rd May, 2013, they had presented a request for the issuing of a Warrant of Prohibitory Injunction number 757/2013, in the names premised in the Rent Regulation Board copy attached Doc. ‘A’ in order to safeguard their claims for seventy-six thousand (€76,000) arrears of rent and penalties as requested in the applicationin the Rent Regulation Boardnumber 60/13 which is today deferred to 20th November, 2014, at 11.30 a.m.
That by means of a decree of the 3rd June, 2013, copy attached marked Doc. ‘B’,the Honourable Rent Regulation Board decided that it was not competent to hear and determine demands like the present, and thus abstained from taking further cognisance of the application.
That subsequently to this application filed on the 24th January, 2014, they filed another claim for the issuing of a Warrant of Prohibitory Injunction number 132/2014, in the names premised before the First Hall Civil Court, in order to secure their claim for one hundred thousand Euro (€100,000) arrears of rent and penalties.
That by means of a decree of the 7th February, 2014, the Honourable First Hall Civil Court had decided that it was not competent on this matter, and that such competence was due to the Honourable Rent Regulation Board.
...........omissis...........
The First Hall Civil Court reached this conclusion in the light of the following considerations.
‘In fact in the application, the applicants brought forward before the Board they asked that the cause be heard by special summary proceedings contemplated in article 16A of Cap. 69’.
...........omissis...........
Thus it is evident that the demand for the issuing of a Warrant of Prohibitory Injunction is within the competence of the Rent Regulation Board once in virtue of Article 20 of Cap. 69 the Board has the same powers like this Court.
...........omissis...........
Although in Article 20 (2) of Cap. 69 it is stated that the execution of judgements of the Boardbelongs to the same Board in the manner established in Cap. 69 this does mean that the Board’s power is restricted to the issuing of executive warrants only. The words of Article 20 (1) does not exclude anything from the powers that the First Hall has under Cap. 12 amongst which the issuing of precautionary warrants.
That in causes where two Courts decided that they are not competent to take cognizance of the applicant’s action the Honourable Court of Appeal has jurisdiction in terms of Article 775 of Cap. 12to decide which Court or Tribunal is competent. The Article in question provides the following: ‘775. In case that two Courts or more declare themselves respectively incompetent ...omissis... it lies with the Court of Appeal to decide which one of these Courts is the competent Court even if there is no appeal in the ordinary formfrom the decisions of these Courts to the Court of Appeal above mentioned’.
Thus, in terms of the Article above mentioned of Cap. 12 they pray with respect that thisHonourable Court of Appeal decide definitely which one of the above mentioned Courts is the competent Court to take cognisance of the applicant’s requests for the issuing of the precautionary warrants as demanded by them.
Applicant: 127, Simara, Triq il-Qortin, Mellieħa MLH 2501.
Respondent: 1. Brian Micallef, 4, Triq il-Ġnejna, Imġarr, Malta.
2. ...........omissis...........
3. ...........omissis...........
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 152
152By means of a decree of the 17th October, 2014, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the acts of Notice number 456/97GV in the names Fuel Oil & Petroleum Co. Ltd vs Dr Anthony Cutajar noe filed by the applicant company on the 4th February, 2014, and which is postponed to the 5th February, 2015, at 11.15 a.m. submitted with respect:
That the applicant company filed an application so that the records of the cause be continued in the name of others according to article 807 of Chapter 12 of the Laws of Malta (fol 91 of the court file).
That this application was notified by means of posting and publication in terms of article 187 (3) of Chapter 12, and this at the known addresses of Jenny Boyce and Luke Boyce.
Since none of them assumed the acts, this Court nominated deputy curators (fol 105 of the court file).
However from the testimony of an ETC representative, it resulted that the daughter of the deceased John Polidano is named Claire Polidano, and resides at Janice, Flat 2, Triq l-Għannejja, Birżebbuġa.
In order to avoid problems in the future, the applicant wished to notify the said Claire Polidano so that one may see whether she is interested to assume the acts of the proceedings.
Thus, the applicant company respectfully requests this Honourable Court so that in terms of Article 807 of Chapter 12 of the Laws of Malta this application is notified to the aforementioned Claire Polidano so that within one month she declares if she is interested to continue the proceedings, and in default confirms the previous decree where deputy curators were nominated, and this under those provisions that it deems fit and opportune.
Applicant company: 1, Marina Alley No. 3, Kalkara.
Service: Claire Polidano, Janice, Flat 2, Triq l-Għannejja, Birżebbuġa.
In the Court of Magistrates (Malta)
Magistrate: Dr Gabriella Vella, LLD
Application number 456/97GV
Fuel Oil and Petroleum Co. Ltd vs Dr Anthony Cutajar noe.
The Court
Saw the application
Without prejudice to the appointment of Dr Anthony Cutajar as deputy curator to represent the late John Polidano.
Upholds the request and orders that the application be notified to Claire Polidano who has one month from the date of notification to declare whether she intends to continue the proceedings instead of the late John Polidano.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 153
153By means of a decree of the 24th November, 2014, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application number 115/14MF filed on the 4th April, 2014,in the names Enemalta Corporation vs Ronald Attard by means of which it was premised and Eric Montfort (ID 270160M) as special mandatory confirmed on oath:
That by means of a judgement given by the Small Claims Tribunal on the 14th May, 2001 (Application No. 211/01AJD), as shown from the copy of the judgementhere attached and marked as Document A, the applicant was declared creditor of the defandants for the sum of Lm223.29, which today is equivalent for Euro 520.13, besides the legal interest and judicial costs.
The defandant till today has not paid any of the amounts due by him, and the interpellant has the interest to proceed with enforcing against the defandant in order to get paid.
From the date of the judgment till today, five (5) years have passed so the judgement is no longer enforceable except with the authorisation of the Court in terms of article 258 (b) of Chapter 12 of the Laws of Malta.
Thus, the applicant respectfully requests this Honourable Court to order the execution of the said judgement given by the Small Claims Tribunal on the 14th May, 2001, and this in terms of article 258 (b) of Chapter 12 of the Laws of Malta.
Service: Ronald Attard, of 19, Triq Barth, Ħamrun.
In the Court of Magistrates (Malta)
Magistrate: Dr Marse-Ann Farrugia, Dip Can L, LLD
The Court
Saw the application
Orders the notification of the said application to the defendant who has twenty (20) days from the date of notification to reply, and appoints this application for hearingfor the 4th June, 2014 at 12.30 p.m., which sitting was postponed to the 2nd February, 2015, at 12.30 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 154
154By a decree of the Small Claims Tribunal, of the 8th October, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Spinola Development Company Ltd(C 331), of Portomaso Finance & Admin Office, Portomaso Business Tower, Level 3, Portomaso, San Ġiljan, filed a Claim, on the 2nd June, 2014, whereby they asked the Tribunal to condemn Ivan Sedov (Russian Passport holding number 62 No. 4105123), of Apartment 1673,Portomaso Complex, Portomaso, San Ġiljan, and Nina Sedova (Russian Passport holding number 62N.1926312), of Apartment 1673, Portomaso Complex, Portomaso, San Ġiljan,topay the plaintiff company the sum of€2,861.67 which amount is due to the plaintiff company.
With costs and interests.
The case (Claim Number 367/14DMA) is deferred for the 4th February, 2015 at 12.05 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 155
155By a decree of the Court of Magistrates (Malta), of the 31st October, 2014, the publication of the following extract was ordered for the purpose of service to the defendant Mario Bezzina in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Anthony Attard (ID 226565M), carrying on trade with the name of Attard Auto Dealer, of Mġarr Road, Għajnsielem, Gozo,filed a Claim, on the 12th March, 2014, whereby he asked the Court to condemnKargo Aluminium Limited, Karl J Bezzina and Mario Bezzina (ID 61651M), of 75, Cospicua Road, Paola, and/or Garden Residence, Flat 3, Triq in-Nutar Żarb, Ħ’Attard,to pay the plaintiff the sum of €10,000 which amount is due to the plaintiff.
With costs.
The case (Notice Number 91/14MF) is deferred for the 2nd February, 2015 at 9.30 a.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 156
156By a decree given by the Civil Court First Hall, on the 12th of November, 2014, on the application of Rigo Holdings Limited, Thursday, 12th February, 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:
The two garages on street level, with measurements 2.1 by 11.5 metres and 3.8 by 11.5 metres respectively with a facade of 6.14 metres and afront garden of 3 metres. On the back of the garages there is ayard of 2 metres. The garages are valued at ninety-three thousand and two hundred Euro (€93,200).
The said tenement is the property of Azzopardi Raymond.
N.B. The said tenement will be sold as described in the judicial sales act 52/2014.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 157
157By a decree given by the Civil Court First Hall, on the 19th January, 2015,on the application of Bugeja Carmelo, Tuesday, 17th February, 2015, at eleven in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following property:
The rooms numbered two (2),three (3), and four (4),in a common and private yard with an entrance numbered nine (9), in Triq it-Tramuntana, Birgu, free and unencumbered, without airspace, in street level, with all its rights and appurtenances, including an undivided and relative share of the common parts and services which are used by the owners of the other rooms in the mentioned yard, subject to other servitudes which may arise due to its position, valued at twelve thousand Euro (€12,000).
The said tenement is the property of the heirs (absent) not known of Saviour Gauci, the unknown heirs (absent) of Maria, married surname not known maiden Gauci and the unknown heirs of Antonia Pisani maiden Gauci and Deputy Curators to represent the other co-owners possible not known, if they exist by a decree dated 6th March, 2013, where nominated as Deputy Curators Dr Renzo Porsella Flores and Legal Procurator Doreen Aquilina, and by a decree dated 24th July, 2013, Legal Procurator Lilian Buhagiar was nominated instead of Legal Procurator Doreen Aquilina.
N.B. The said tenement will be sold as described in the judicial sales act 79/14.
Rudolph Marmarà
For the Registrar Civil Courts and Tribunals
Notice 158
158By a decree given by the Civil Court First Hall, on the 19th November, 2014, on the application of Bank of Valletta plc, Thursday, 12th February, 2015 at 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 first floor maisonette numbered nineteen letter B (19B), together with the apartment overlying the maisonette and the development done on the roof including the airspace on the same roof, and half undivided share of the common parts of the block in Swatar Street, Msida, which maisonette is overlying on property of the Awtorità tad-Djar or successors in title, and bounded on the North East to the road, and other winds bounded with property of the Awtorità tad-Djar or successors in title, valued at one hundred and two thousand Euro (€102,000).
The garage number nineteen letter B (19B), in Triq is-Swatar, Msida, and is subject to servitudes of drains rainwater and sewage are installed therein, and the purchaser is obliged to leave the owners of the underlying property to make the maintenance required, free and unencumbered, with all its rights and appurtenances, valued at thirteen thousand Euro (€13,000).
The said tenements are the property of Hamdy Gaber Moustafa Madkour (ID 271205L) and Angela Madkour (ID 274063M).
N.B. The said tenements will be sold as described in the acts of the file number 4/13.
Marvic Farrugia
For the Registrar Civil Courts and Tribunals
Notice 159
159By a decree of the Consumer Claims Tribunal, ofthe 17th December, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
France and Mary Suda, ofLourdes, Triq il-Qantar, Swieqi, filed a Claim, on the 18th August, 2014, whereby they asked the Tribunal to condemn Clive Micallef, of 18, Triq il-Markiża Bugeja, St Paul’s Bay,to pay the plaintiffs the sum of€900, which amount is due to the plaintiffs.
The case (CCT Number 196/14) is deferred for the 3rd February, 2015 at 1.00 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 160
160By a decree of the Consumer Claims Tribunal, ofthe 17th December, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).
Darren Muscat (ID 151387M), of117, Darcyn, Triq Santa Katarina, Żejtun, filed a Claim, on the 27th August, 2014, whereby he asked the Tribunal to condemn Touch Wood Furniture, of Touch Wood Furniture, Triq Mastru Karm Mallia, Industrial Estate, Tal-Ħandaq,to pay the plaintiffs the sum of€200, which amount is due to the plaintiffs.
The case (CCT Number 219/14) is deferred for the 3rd February, 2015 at 1.15 p.m.
Alexandra Debattista
For the Registrar Civil Courts and Tribunals
Notice 161
161By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th January, 2015, Application number 23/2015 by Monica Caruana, whereby she prayed that it be declared open in favour of the same Monica Caruana in the quota of one half (1/2) undivided share, and the remaining one half (1/2) undivided share in favour ofMarilyn, Charmaine and Paul, all brothers and sisters Caruana, children of the decujus, in equal shares between them, the Succession ofDomenic Caruana, son ofJoseph and Mary née Grech, born in Ħal Qormi, resided in Ħ’Attard, and died in Tal-Qroqq, limits of Imsida, on the 31st December, 2013, aged 58, holding identity card number 309657(M) intestate.
Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court, and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 162
162By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th January, 2015, Application number 42/2015 by Roane Marie Schembri, whereby she prayed that it be declared open in her favour in its enterity the Succesesion of her father, Giuseppe, sive Joseph Schembri, son of the late Carmelo Schembri and Grezzja née Agius, born in Ħal Lija, resided in Ħ’Attard, and died in Tal-Qroqq, limits of Imsida, on the 12th September, 2014, aged 61, holding identity card number 465253(M), intestate.
Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court, and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
Alexandra Debattista
For the Registrar Civil Court and Tribunals
Notice 163
163Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section), on the 21st of January, 2015, number 60/2015 by Micheanish Sammut nomine, wherein she prayed to be declared open in favour of Giulia Marie Mifsud in its entirety, the Succession of Christian Mifsud (ID 217669M), son of Joseph and Josephine née Perini, born in Tal-Pietà, resided at Marsaskala, and died at Tal-Qroqq, Imsida, on the 8th of September, 2014, aged 45 years.
Thus whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to law.
Marcel Bugeja
For the Registrar Civil Courts and Tribunals