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Court Notices published in Govt. Gazette No. 19,535 of 12 February 2016
01/01/2016
Notice 220
220By a decree of the Small Claims Tribunal of 22nd September, 2015, the publication of the following extract was ordered for the purposes 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 1st September, 2015, whereby they asked the Tribunal to condemn Nabuurs Job (Dutch Passport NM 6603FJO) of Dhalia Flats/3, Triq Paceville, San Ġiljan, to pay the plaintiff company the sum of €470.94, which amount is due to the plaintiff company.
With costs and legal interests.
The case (Claim Number 693/15DMA) is put off until23rd February, 2016, at 12.05 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Bann for Curators
221Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on 14th October, 2015, following a request of Charlene Caruana et, it was ordered that deputy curators be chosen to represent the unknown predecessors in title of PL Giovanni Zammit, in the records of the Schedule number 1493/2015, in the names Caruana Charlene et 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 of the Civil Court, in the names Charlene Caruana (financial analyst) unmarried, daughter of the late Karmenu Caruana and Clara née Vella, born in Pietà and residing in Marsaxlokk, holder of identity card number 171287(M) and Roberta Zahra, (senior principal) wife of Brian, daughter of the late Karmenu Caruana and Clara née Vella, born in Pietà and residing in Marsaxlokk, holder of identity card number 347881(M) vs Deputy Curators to represent the unknown predecessors in title of PL Giovanni Zammit, on 13th October, 2015, the interpellants Charlene Caruana and Roberta Zahra respectfully pleaded:
That the interperllant Charlene Caruanais the owner of the premises 118, Triq Lepanto, Marsaxlokk, and one half undivided of the garage underlying the same premises with number 120, Triq Lepanto, Marsaxlokk.
That the interpellant Roberta Zahra is the owner of the premises 122, Triq Lepanto, Marsaxlokk and one half undividerd share of the garage underlying the same premises with number120, Triq Lepanto, Marsaxlokk.
That the interpellants acquired the land on which the properties above-indicated were built in so far as to the share of one-eight (1/8) undivided each from the inheritance of their father Karmenu Caruana, who died on the twenty-fifth (25) of January, 2006.
That the interpellant acquired the other three fourths (3/4)undivided share from their mother Clara Caruana and their brother Franco Caruana, by means of a deed of donation in the records ofNotary Miriam Spiteri Debono, dated first (1) November 2006, which deed of donation was subsequently amended by a deed of correction in the records of Notary Dr Mario Bugeja of the 24th June, 2008.
That furthermore, by means of the same deed in the records of Notary Dr Mario Bugeja, dated 24th June, 2008, the interpellants partitioned and divided their shares so that they do not remain in a state of community as regards the shares due to them.
That from searches carried out by the respondents, it results that their father Karmenu Caruana had acquired during marriage with his wife Clara Catruana, together with his brothers Emanuel Caruana, Jude Caruana and Paul Caruana, the divided portion or rather building site forming part of the field in the limits of Marsaxlokk, in the vicinity iof ‘Ta’ Marnisi’ called ‘Tal-Ħawt’ sive ‘Tas-Sigra’ of the superficial area of (170m2) as exempt from the payment of annual and perpetual groundrent of a minium rate which possibly burdens the same fieldthe company with the name ‘Ta’ Sardinia Company Limited’, by means of a contract in the records of Notary Dr Philip Said, of 22nd January, 1987.
That by means of a contract in the records of Notary Miriam Spiteri Debono, of 31st July, 1993, the said Karmenu Caruana, in his own name and in the name of his wife had acquired from the said siblings Emanuel Caruana, Jude Caruana and Paul Caruana, their share from this land amounting to three-fourths (3/4) undividedshares so that he and his wife became the sole owners of the land in question.
That on its part the company ‘Ta’ Sardinia Company Limited’, had acquired larger portions of land from which the land transferred by means of the said contract formed part by means of:
1) A contract in the records of Notary Dr Vincent Miceli, of 21st January, 1987, whereby the company ‘Ta’ Sardinia Company Limited’, acquired from the Government of Malta, a portion of building land in Marsaxlokk, of the area of (913m2) and
2) A contract in the records of Notary Dr Victor John Bisazza, dated first (1) of October, 1986, whereby the company Ta’ Sardinia Company Limited, acquired from Catherine wife of Thomas Cauchi, a divided portion of land called ‘Tal-Ħawt’ sive ‘Tas-Siġra’ in the vicinity of tal-Marnisi, limits of Marsaxlokk, of the area of circa (3,746m2)subject to the annual and perpetrual groundrent of (€1.05).On her part, Catherine Cauchi acquired this land from the inheritance of her father the Legal Procurator Gioovanni Zammit, who died on the ninth of March of the year 1963.
That from this it follows that, despite that the predecessor in title of the interpellant Karmenu Caruana had purchased the land as ‘exempt from the payment of annual and perpetual groundrent of a minimal rate which possibly burdened the entire field a groundrent of €0.05 in all is to be paid on the property of the interpellants.
That despite of various attempts made by the interpellants to identify the superior owners of the groundrent in questionsuch attempts had no positive outcome.
That the interpellants wish to avail themselves of the faculty given to them by Article 1501 of the Civil Code of Cap. 16 of the Laws of Malta and redeem this groundrent of (€0.05) by depositing the sum of (€1.00) which represents the said groundrent capitalised at 5% in order to be freely given to the respondents after the due receipt according to law is left.
Interpellants:
1. Charlene Caruana, 73, Carmclare House, St. Pius V Street, Marsaxlokk.
2. Roberta Zahra, 122, Triq Lepanto, Marsaxlokk.
Notify: 1. Director Public Registry, Evans Building, Triq il-Merkanti, Valletta.
You are ordered to affix a 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 Superior Courts above-mentioned, with the witness of the HonourableMr Justice Mark Chetcuti, LLD, Doctor of Laws.
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 222
222By means of a decree given by the First Hall Civil Court, on the 11th January 2016, in the records of the Sworn Application, in the names Bonavia Rita Carmen vs Zarb Christian, application number 1083/15 LM, the following publication was ordered for the purpose of service of the respondent Christian Zarb 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 Rita Carmen Bonavia (ID 474781M) vs Christian Zarb (ID 569585M), on the 16th November 2015, the applicant Rita Carmen Bonavia (ID 474781M) asked the respondent to state why this Honourable Court should not:
1. Declare that the respondent is responsible for the incident which occurred on the 3rd August 2012, in which incident the applicant Rita Carmen Bonavia was injured, liquidate all the damages suffered by the applicant as a consequence of the said incident, and uphold the other demands in the application.
Saving any other action at law with costs against the respondent summoned so that a reference to his evidence be made.
Respondent: Binja tal-Wejter, Block B, Flat 8, Triq Dun Gejtanu Mannarino, Birkirkara.
The Sworn Application in the names Bonavia Rita Carmen vs Zarb Christian, application number 1083/15 LM, has been deferred for hearing to the 26th February 2016, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 223
223By means of a decree given in the First Hall Civil Court, on the 8th January 2016, in the records of the Sworn Application, in the names Zahra Pierre John vs Hunt Ronald, application number 1177/15 MAH, the following publication was ordered for the purpose of service of the defendant Ronald Hunt 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 Pierre John Zahra (ID 530164M) vs Ronald Hunt in his own name carrying on trade under the name ‘Lifestyle Properties’ (ID 655844M), on the 11th December 2015, the applicant Pierre John Zahra (ID 530164M) asked this Honourable Court:
1. To decide this cause without proceeding to a hearing in terms of Articles 167-170 of Cap. 12 of the Laws of Malta, declare the respondent debtor of the applicant in the sum of thirty two thousand and five hundred Euro (€32,500) representing debt incurred by the respondent in favour of the applicant as a share of the brokerage made to the respondent on the contract, and this as the respondent bound himself to pay and uphold the other demands in the application.
With commercial interests and costs as demanded against the respondent summoned so that a reference to his evidence be made.
Notify Respondent: 7/4, Windsor Terrace, Sliema.
The Sworn Application in the names Zahra Piere John vs Hunt Ronald, application number 1177/15 MAH, has been deferred for hearing to the 22nd February 2016, at 9.00 a.m.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 224
224By a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on 22nd of February 2013, in the records of writ of summons number 52/2009, in the names of “Emanuel Bonello vs Giuseppa Bonello”, the day of Monday, 22nd February, 2016 at 10.00 a.m. as ordered by a decree given on the 9th February 2016 in the records of the Sale by Auction in the names of “Geswalda Buttigieg et vs Emanuel Bonello et”, has been fixed for the Sale by Licitation, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following properties:
1. Two portions of land known as “Ta’ Gazaman”, sive “Ta’ Ċisru”, in the district of ‘Ta’ Gazaman”, limits of Nadur, Gozo, measuring approximately four hundred and forty two metres squared (442 sq.m.), bounded on the North and on the South with property of Frankie Camilleri, on the East with property of Joseph Mizzi, and on the West with property of Joseph Debrincat, valued at €5,800.
2. Portion of land forming part of the territory known as “Ix-Xagħra l-Ħamra”, limits of Nadur, Gozo, measuring approximately 197.2 sq.m., and bounded on the North with property of the heirs of Lawrence Said, on the East with property of Carmela Buttigieg, and on the South with property of Carmelo Portelli, valued at €70,000.
3. Portion of land forming part of the territory known as “Ix-Xagħra l-Ħamra”, limits of Nadur, Gozo, measuring approximately 291.1 sq. m., and bounded on the East with property of Mikieli Buttigieg, on the North with property of Pawlu Cassar, and on the West with property of Tereża, wife of Mikieli Camilleri, valued at €105,000.
4. Portion of land known as “Tar-Ramla”, in the same district limits of Nadur, Gozo, all measuring approximately 537.2 sq. m., and bounded on the West with property of John Azzopardi, on the East with property of Angelo Camilleri, and on the North with property of Francis Camilleri, valued at €7,000.
These properties belong to the parties in the said writ of summons and sale by auction and will be sold as described in the report sworn to by Alan Saliba A & C.E on the 28th of September 2010, and in the records of said writ of summons.
Daniel Sacco
For the Registrar Gozo Courts and Tribunals
Notice 225
225By means of a decree given by the Rent Regulation Board, on the 10th December 2015, in the records of the Application, in the names Catania Anthony et vs Vella Rapa Charles, application number 60/15 MV, the following publication was ordered for the purpose of service of the respondent Charles Vella Rapa in terms of Article 187(3) et. seq. of Cap. 12.
By means of a Notice of hearing of a cause issued by the Registry Superior Courts, on Tuesday, 22nd September 2015, the cause Application in the names Catania Anthony et vs Vella Rapa Charles, was appointed for hearing on Thursday, 8th October 2015, at noon, and deferred to the 15th February 2016, at 9.30 a.m.
Respondent: 34, Flat 10, Triq il-Markiż Zimmerman Barbaro, Sliema.
Adv. Frank Portelli, LLD
For the Registrar Civil Courts and Tribunals
Notice 226
226By means of a decree, given on the 20th October 2015, by the Civil Court First Hall, in the records of the Sworn Application, in the names Gelfo Victor et vs Gelfo Marisa, application 705/15 LSO, the following publication was ordered for the purpose of service of the defendant Marisa Gelfo, 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 Victor Gelfo (ID 459665M) and his wife Monica Gelfo Montanaro (ID 507763M) for any interest she may have according to law vs Marisa Gelfo (ID 0460771M) on the 22nd July 2015, asked the respondent to state why this Honourable Court should not;
1. Order the partition of the property mentioned in the application, if it is easily divisible, if necessary by means of the appointment of architects and this by assigning a portion to the applicant and a portion to the respondent ope sententiam, appoint a Notary Public to publiash the opportune deed, curators to represent the eventual defaulters, in case it is determined that the property is not easily divisible and order the sale by licitation of the same property.
With costs, against the respondent summoned so that a reference to her evidence be made.
Respondent: 104, Triq Patri Mattew Sultana, Kalkara.
The Sworn Application in the names Gelfo victor et vs Gelfo Marisa, has been deferred for hearing to the 3rd March 2016, at 9.30 a.m.
ADV. FRANK PORTELLI, LLD
For the Reġistrar, Civil Courts and Tribunals
Notice 227
227It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 3rd of February 2016, number 106/2016 by Michael George Chandler and Annalise Chandler, wherein they prayed to be declared open in their favour in in equal shares between them the SUCCESSION of their mother ETHEL FARROW, (ID 820149M), divorced, daughter of the late Hiorace George Farrow and Mary Stella née Pace, born at Gżira, resided at Marsa where she died on the 31st of July 2015, aged 65 years.
Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et seq. of Cap.12 of the Laws of Malta
MARCEL BUGEJA
For the Registrar Civil Courts and Tribunals
Notice 228
228IT IS BEING NOTIFIED that by a decree dated 4th February, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri BA, LLD)following an application filed by Jurgen Cumbo on the 26th January, 2016 Compilation number 365/2015 in the case:
The Police (Inspector Herman Mula)
Versus
PAUL FARRUGIA, 31 years, unemployed, son of Carmelo and Matilde née Apap, born in Pietà Malta on the 22nd October 1983, residing at number 12, Barka, Xilep Street, Xgħajra Malta and holder of Maltese Identity Card bearing number 540483M.
The Court AUTHORISED the release of the car Citroen Berlingo with registration number LCE–735 in favour of Jurgen Cumbo Identity Card number 273078M.
This publication was made following a freezing order dated 12th April, 2015 which was duly published in the Government Gazette on the 21st April, 2015 in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta where the Court ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Paul Farrugia.
MARVIC PSAILA
Deputy Registrar, Criminal Courts and Tribunals (Malta)