Court Notices published in Govt. Gazette No. 19,443 of 19 June 2015

By a decree given by the CIVIL COURT, FIRST HALL on the 29th May 2015, on the application of Abela Konrad et, Tuesday, 28th July, 2015 at eleven in the morning (11.00 a.m.) for the SALE BY AUCTION, to be held on the First Floor, Courts of Justice, Republic Street, Valletta, of the following properties:

The maisonette numbered forty seven (47), Sciand, in Triq il-Ġermanja, Sgħajtar, Naxxar, valued at one hundred and eighty five thousand Euro (€185,000).

The garage unnumbered with its entrance from a drive in, in Triq l-Italja, Sgħajtar, Naxxar, measuring approximately 10 metres length and breadth that varies from back to front from three (3) metres to five and a half (5.5) metres, valued at forty five thousand Euro (€45,000).

The said tenements are the property of ABELA ANTON ET.

N.B. The said tenements will be sold as described in the judicial sales act 32/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 8th June 2015, in the records of the Sworn Application, in the names Commissioner of Lands vs Port Cottonera Hotel Development Co. Limited (C 27956) et, application number 461/15 JPG, the following publication was ordered for the purpose of service of the respondents Port Cottonera Hotel Co. Limited (C 27956), Galleys Development Co. Limited (C 27958) and Vittoriosa Gaming Limited (C 27613) 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 The Commissioner of Lands vs 1. Port Cottonera Hotel Development Co. Limited (C 27956); 2. Galleys Development Co. Ltd (C 27958) and 3. Vittoriosa Gaming Limited (C 27613), on the 15th May 2015, the applicant Commissioner of Lands asked this Honourable Court:

1. To declare that the respondent companies are in delay in the payment of groundrent in an amount which exceeds two payments yearly, and this in violation of the original contract of emphyteusis of the 2nd June 1999, and the subsequent contracts mentioned in the application, and uphold the other demands in the application amongst which the payment of the legal and judicial expenses related to these procedures.

List of Documents.

List of witnesses.

Respondents: Port Cottonera Development Co. Limited, Palace of the Captains of the Galleys, No. 20, St Angelo Waterfront, Vittoriosa.

Galleys Development Co. Limited, Palace of the Captains of Galleys, No. 20, St Angelo Waterfront, Vittoriosa.

Vittoriosa Gaming Limited, 25, Strait Street, Valletta.

The Sworn Application in the names Commissioner of Lands vs Port Cottonera Hotel Development Co. Limited (C 27956) et, application number 461/15 JPG, has been deferred for hearing to Monday, 6th July 2015, at 10.45 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 5th June 2015, in the records of the General Application, in the names Julie Auerbach vs X, application number 290/14 AL, the following publication was ordered for the purpose of service of the defendant Robert Albert sive Brian Mizzi in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the records of the General Application in the names Julie Auerbach vs X, application number 290/2014 AL, on the 10th April 2015, the applicant Julie Auerbach respectfully pleaded:

That during the sitting of the 23rd January 2015, before the Judicial Assistant Dr Anna Mallia, held following the decree of this Court, of the 17th September 2014, for the purposes of Art. 29 of Cap. 255, Dr Joan Camilleri testified under oath.

It results that unintentionally Robert Albert sive Brian Mizzi, the applicant’s husband and party in the procedures before the Ecclesiastical Tribunal was not notified with the date of the sitting.

The applicant respectfully asked this Court to authorise the judicial assistance to hear the witness again in a sitting which shall be fixed for this purpose after the same Robert Albert sive Brian Mizzi is notified with the date of the sitting.

Civil Court (Family Section)

Hon. Madam Justice Abigail Lofaro, LLD, Dip. Stud. Rel. Mag. Jur (EurLaw).

Gen. App. No. 290/14.

Julie Auerbach vs X

The Court

Having seen the application of the 10th April 2015.

Orders that the respondent be notified and he is to file a reply within five working days with notification to legal counsel.

Applicant: Julie Auerbach, St Mary No. 6-8, Triq Monsinjur Luigi Catania, Għargħur GHR 1404.

Notify: Robert Albert sive Brian Mizzi, The General Soft Drinks Co. Ltd, Qasam Industrijali tal-Marsa, Marsa MRS 3000; and

Block 26, Flat 91, Portomaso, St Julians STJ 4019.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 29th May 2015, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Property AND Finishing Limited (C 47637) et, application number 366/15 LM, the following publication was ordered for the purpose of service of the defendants 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 Bank of Valletta plc (C 2833) vs 1. Property AND Finishing Limited (C 47637), 2. Pierre Spiteri (ID 354771M), on the 21st April 2015, the applicant Bank of Valletta plc (C 2833) asked the defendants to state why this Honourable Court should not:

1. Declare and decide that there occurred one or more of the events mentioned in the contracts and in the writings mentioned in the application, condemn all the defendants and namely the company Property AND Finishings Limited and Pierre Spiteri, to pay together and in solidum between them to the plaintiff company, the sum of three hundred and three thousand eighty two Euro and eight cents (€303,082.08) balance of debt in the ‘Loan and Overdraft Accounts’ of the company Property AND Finishings Limited, with the Bank of Valletta plc together with further interest as demanded in the application.

With costs against the defendants summoned so that a reference to their evidence be made.

Defendants: 1. Property AND Finishings Limited, 20, Marsa Road, Marsa, and

2. Pierre Spiteri, 38, St Francis, Flat 1, Triq il-Mazzola, San Pawl il-Baħar.

The Sworn Application in the names Bank of Valletta plc (C 2833) vs Property AND Finishings Limited (C 47637) et, application number 366/15 LM, has been deferred for hearing to the 13th July 2015, at 9.15 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the CIVIL COURT, FIRST HALL on the 8th June 2015, on the application of BUTTIGIEG RAYMOND, Tuesday, 21st July, 2015 at noon (12.00 p.m.) has been affixed for the SALE BY AUCTION, to be held in the First floor, Courts of Justice, Republic Street, Valletta, of the following property:

The undivided share of first floor maisonette named ‘Madonna tal-Grazzja’, in Triq Villabate, Żabbar, underlying a maisonette which has in common the drainage system. This property is free and unencumbered,with all its rights and appurtenances, valued at fifty five thousand Euro (€55,000).

The said tenement is the property of BUTTIGIEG PAULINE NÉE PENZA.

N.B. The said tenement will be sold as described in the judicial sales act 74/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree by this Court, on the 20th May 2015, following a request of Mary Anastasi, it was ordered that Deputy Curators be chosen to represent the unknown heirs of the siblings William Henry Boothman, in the records of the Schedule of Redemption of Groundrent number 750/15, in the names Mary Anastasi vs Deputy Curators and in the relative and subsequent acts.

By means of a Schedule of Deposit and Contextual Redemption of Groundrent filed in the First Hall Civil Court, in the names Mary Anastasi, widow of Saverio, daughter of the late Alfredo Genovese and Giulietta née Mallia, born in Ħamrun and residing in Sliema, holder of identity card number 569735M vs Deputy Curators to represent the unknown heirs of the siblings William Henry Boothman, born in Casal Lia and Dr Maria Stella Briffa, wife of Dr Giuseppi Briffa, born in Casal Lia, children of William Boothman and Deputy Curators to represent the unknown heirs of Giuseppe Pace Asciak, son of Giovanni, born in Valletta, on the 19th May 2015, the interpellant Mary Anastasi respectfully pleaded:

That in virtue of a contract of rescission in the records of Notary Dr Maria Spiteri, dated 10th August 2010, there were returned to the interpellant the possession and property of the tenement with official number eighteen (18), with an annexed garden in Archbishop Romero Street, previously New Side Street, which abuts on Birkirkara Road, on one side and on the other side in Sacred Heart Street, Saint Julians, underlying property of third parties subject to the annual and perpetual subgroundrent of (€9.32) and for which the right of laudemium is due and subject to the servitude of apertures and rain water and common drainage with the overlying property with all its rights and appurtenances.

That the said premises forms part of a larger portion of land which was known as ‘tal-Balluta’ limits of Saint Julians. The perpetual utile douminium of which property was acquired by a certain Dr Giuseppe Pace from the respondents Boothman by a deed in the records of Notary Giovanni Azzopardi, of the 7th November 1933 and 8th November 1933.

That in virtue of another contract in the records of Notary Giovanni Azzopardi, dated 9th November 1933, the said Dr Giuseppe Pace granted by title of perpetual subemphyteusis a portion of the same land known as ‘tal-Balluta’ to a certain Paolo Micallef.

That subsequently the same Dr Giuseppe Pace transferred to the respondent Giuseppe Pace Asciak the perpetual sub directuum dominium of the same portion of the land known as ‘tal-Balluta’ which he conceeded by title of sub-emphyteusis to Paolo Micallef.

That by means of a contract in the records of Notary Giovanni Carmelo Chapelle, dated 26th September 1938, Paolo Micallef transferred to a certain Emmanuele Azzopardi, the perpetual sub-utile dominium and ameliorations of what is today the tenement with official number eighteen (18) above described.

That this annual and perpetual subgroundrent of (€9.32) necessarily includes also the original groundrent due to the respondents siblings Boothman, together with the annual and perpetual subgroundrent as due to the respondent Giuseppe Pace Asciak.

That subsequently the perpetual subutile dominium of the tenement above described official number eighteen (18) as subject to the annual and perpetual subgroundrent of (€9.32) was transferred various times till it passed on to the interpellant.

That the interpellant wishes to avail herself of the faculty given to her by Article 1501 of the Civil Code Cap. 16 of the Laws of Malta.

Thus the interpellant is calling upon this Honourable Court and under its Authority depositing the global amount of (€233.00) representing as for forty six Euro and sixty cents (€46.60) representing arrears due for the last five (5) yearsand subgroundrent due by the interpellant for the period which commenced from the 10th August 2010 and ends on the 10th August 2015, and as for (€186.40) representing the annual and perpetual subgroundrent burdening the property acquired by the interpellant as above described capitalised at 5% in order to be freely withdrawn by the respondents after the due receipt according to law is left.

Interpellant: 10/2, Għar il-Lenbi Street, Sliema.

Notify: (1) Director Public Registry, Valletta (two copies).

(2) Land Registar, Casa Bolino, 116, Triq il-Punent, Valletta.

(3) and (4) Deputy Curators.

(5) and (6) Deputy Curators.

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall above mentioned with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 13th May, 2015 given by the Court of Criminal Appeal (Judge Dr Antonio Mizzi, BA, LLD), after an application filed by Richard Attard on the 17th March, 2015 in the case:

The Police

(Asst. Com. Norbert Ciappara)

Versus:

RICHARD ATTARD, 62 years, son of the late Joseph Paul and Verginia née Bugeja, born in Floriana, Malta, on the 4th April 1953, residing at ‘Ta’ Ġuża’, Ġnien Street, Għargħur, Malta, and holder of Identity Card bearing number 284453M.

AUTHORISED Richard Attard to sell and transfer the property with numbers 51 and 52 in Ġorġ Borg Olivier Street, Saint Julians, Malta, and authorised him also to sell or liquidate his share of the 5% Malta Government Stocks (08/08/2021) and 5.2% Malta Government Stocks (16/09) and Bank of Valletta plc 4.8% Corporate Bonds.

This variation is made following the freezing order dated 15th July, 2007 given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Miriam Hayman, LLD), which was published in the Government Gazette on the 31st July, 2007 in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, following another variation dated 25th January, 2013 given by the same Court and following judgement given on the 2nd May, 2014.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals (Malta)

By a decree of the Small Claims Tribunal of the 26th May 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 (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim, on the 4th March 2015, whereby they asked the Tribunal to condemn Christopher Dimech (ID 424783M) of 70, Ta’ Martin, Triq il-Kulleġġ, Mosta,to pay the plaintiff company the sum of €943.38, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 159/15DMA) is deferred for the 23rd June 2015 at 12.05 p.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 27th April 2015, 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).

Customs & Freight Agency Limited (C17475) of Attard Holdings, Luqa Road, Qormi, QRM 08, Malta, filed a Claim. on the 26th March 2015, whereby they asked the Court to condemn Clareman Import Export Ltd (C59064) of Brilla Brand, 15, Grognet Street, Mosta, MST 3613, to pay the plaintiff company the sum of €4,960.12 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Notice Number 100/15FDP) is deferred for the 22nd June 2015 at 9.00 a.m.

Alexandra Debattista

For the Registrar Civil Courts and Tribunals