Court Notices published in Govt. Gazette No. 19,626 of 23 August 2016

By means of a decree given, by the Rural Leases Control Board, on the 1st August 2016, in the records of the Application in the names Catherine Fenech et vs Giuseppe Farrugia, application number 15/96 FDP, the following publication was ordered for the purpose of service of the presumptive heir Catherine Fenech, in terms of article 187(3) et. seq . of Cap. 12.

By means of an Application, filed, in the Rural Leases Control Board, in the records of the Application in the names Catherine Fenech et vs Giuseppe Farrugia, application number 15/96 FDP, the company Olive Gardens Investments Limited (C 16715) respectfully pleaded;

That the interpellant company took over the records of the cause instead of the applicant Fenech et by means of a note (a folio 50) which was exhibited during the sitting as results from the minutes of the sitting of the 21st January 2004 (a folio 55).

That on the 6th October 2015, the defendant John Farrugia died, as results from the extract of the act of death hereby attached and marked as ‘JFI’. According to his testementary searches, hereby annexed and marked ‘JF2’ and ‘JF3’his succession is regulated by a public will recieved by Notary Dorianne Arapa, on the 18th July 2015. A copy of the said will is being annexed with the present and marked ‘JF4’. From this will it results that the defendant John Farrugia appointed as his universal heir and absolute owner of his estate his wife Catherine Farrugia, who is thus the presumptive heir of the said defendant John Farrugia.

That till this day it does not appear that the transfer of the records was made.

That the applicant has an interest that the lawsuit be proceeded with and thus is asking that the records of the cause be transferred.

Thus the applicant humbly prays this respectable Board saving any provision it deems fit and opportune;

1. to order that this application be notified to Catherine Farrugia qua presumptive heir of the defendant John Farrugia, in terms of Article 807(1) of the Code of Organisation and Civil Procedure;

2. order the same Catheine Farrugia qua presumptive heir so that within one month from when she is notified she declares whether she intends to continue the lawsuit instead of the deceased John Farrugia, in terms of Article 807(2) of the Code of Organisation and Civil Procedure;

3. in default of this declaration on the part of Catherine Farrugia qua presumptiove heir, pass on to appoint curators ad litem in representation of the deceased John Farrugia, in the present lawsuit, in terms of Article 807(3) of the Code of Organisation and Civil Procedure.

4. order that all the opportune changes in the heading of the cause be made.

Notify: Presumptive Heir Catherine Farrugia, Ramol, Niget Road, Żurrieq.

The Application in the names Catherine Farrugia et vs Giuseppe Farrugia, application number 15/96 FDP, has been deferred for hearing to the 26th October 2016, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th December 2015, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

By means of an application in the acts of the executive judicial letter number 3170/06 Notice No. 103/2015MLF  in the names Malta Industrial Parks Limited (C28965) vs Streamline Woodworks Limited (C-22486) filed by Malta Industrial Parks Limited on the 28th September 2015, it pleaded with respect: 

That the claim made in the main application, which application was filed so that the applicant company is authorised to proceed with the enforcement of the executive judicial letter number 3170/2006, by mistake the number was indicated as 133/12 when this had to be as indicated in the title as 3170/2006;

A copy of this judicial letter is attached with the main application and in fact the number reads 3170/2006;

It is clear that this is only lapsus calamis and so the applicant is requesting a correction in terms of Article 175 of Cap. 12 which correction will certainly will not change any of the substance of the action.

Thus, due to the above, the applicant company respectfully requests this Honorable Court to authorise the correction in the sense that in the request as set out in the main application of the 27th March 2015, the number 133/12 is cancelled and substituted with the number 3170/2006 and this under those directives that the same Honorable Court deems fit and opportune.

Applicant company: MIP, Gurardamanġa Hill, Pietà.

Service: Defandant company: Streamline Furniture Limited – Plot 48 Redentur, Triq l-Għabex, Dingli.

In the Court of Magistrates (Malta)

Magistrate Dr Marseanne Farrugia, LLD

Application Numru 103/15MF

Malta Industrial Parks Limited

Vs

Streamline Woodworks Limited

The Court, 

Saw the application of Malta Industrial Parks Limited of the 28th September 2015;

Orders the notification to the defandant who has seven (7) days from the date of notification to reply. 

The case is postponed to the 19th October 2016 at 10.00a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 14th July 2016, in the records of the Application, in the names Grech Matthew vs Welcome Auto dealer Ltd (C 64346) et, application number 484/16 LSO, the following publication was ordered for the purpose of service of the respondent Matthew Grech ID 241886(M) in terms of Article 187(3) et. seq. of Cap. 12.

By means of an Application, following Garnishee Order number 862/16, issued on the 6th June 2016, in the names Matthew Grech ID 241886(M) vs Welcome Auto Dealer Ltd C 64346 and Clint La Rosa ID 538587(M) the applicants Welcome Auto Dealer Ltd C 64346 and Clint La Rosa ID 538587(M) respectfully pleaded;

That the interpellant was notified by means of a Garnishee Order against a number of banks of which it makes use and the competent Transport Authority or rather Transport Malta following a request made by Matthew Grech by means of an application with a request for the issuing of a Garnishee Order.

That at the same time a lawsuit was presented against the same interpellant which bears the number 453/16/LSO which relates to the sale of vehicle Pontiac GTO Coupe 1974.

That in fact the interpellant has no juridical relationship with the applicant Matthew Grech so much so that even the same Matthew Grech was not convinced of this and filed his lawsuit against two persons so that whoever is declared responsible pays the amount demanded.

That in fact the interpellant never contracted with the same Matthew Grech and thus in terms of Articles 836(1) (b) (d) and (f) there is no reason why this warrant should be kept in force against the interpellant Welcome Auto Dealer Ltd C 64346.

That on Thursday 7th April 2016, a lawsuit was filed in the names Clint La Rosa vs Matthew Grech, 125/16 AM, in the Small Claims Tribunal deferred to the 14th October 2016, on the basis of the fact that after the latter transferred the vehicle merit of these procedures a balance remained due.

As regards Clint La Rosa.

That the interpellant declare that he transferred this vehicle to the applicant Matthew Grech so much so that it reached the latter in May 2015 and till this day it is still at him.

That welcome Auto Dealer Ltd C 64346 has no connection with this contract of sale.

That thus in terms of Articles 836 (1) (b) (c) (e) and (f) as the applicant has in his possession this vehicle he is in a postion that the amount he wants to secure by this warrant is already in his possession.

As regards the parties in common.

That the parties’ work consists in the sale and purchase of vehicles.

That in execution of the warrant above indicated the licenses of the vehicles which are for sale at Transport Malta, have been seized.

………omissis………

That without prejudice to that above exposed, the interpellant respectfully prays this Honourable Court for the reasons premised to revoke the execution of the warrant mentioned in terms of Article 281(1) and 293(1) (b) and (d) of Cap. 12 of the Laws of Malta, where this affects the business and or trade of the interpellant.

Thus the interpellants are asking this Honourable Court saving any declaration that it deems fit and opportune;

1. To declare that in the circumstances it is not reasonable that there be kept in force the Garnishee Order above mentioned and this in terms of Articles 836(1) (b) (d) and (f) of Cap. 12 of the Laws of Malta, as regards Welcome Auto Dealer Ltd, C 64346, against Clint La Rosa in terms of the Articles indicated in the application and uphold the other demands in the application amongst which that the said Garnishee Order be revoked against Welcome Auto Dealer Ltd C 64346 and/or against Clint La Rosa.

Respondent: Heaven, Triq San Mikiel, Mellieħa.

Applicant: Welcome Auto Dealer, Mimosa Street, G’Mangia.

The Application in the names Grech Matthew vs Welcome Auto Dealer Ltd (C 64346) et, application number 484/16 LSO, has been deferred for hearing to the 6th October 2016, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th July 2016, Application number 744/2016 by Alfred Degiorgio Aquilina whereby he prayed that it be declared open in his favour and in favour of his brother Joseph Degiorgio Aquilina the SUCCESSION of his mother Carmela Degiorgio Aquilina, widow of Mariano, daughter of the late Michele Catania and Liberata née Vella, born in Birkirkara, resided in Balzan and died at Tal-Qroqq, Msida on the 17th October 2015 aged 97, holding identity card number 454118(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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th July 2016, Application number 745/2016 by Frances Concetta Naudi and others whereby they prayed that it be declared open in favour of the same Frances Concetta Naudi, wife of the decujus, and this in the quota of one half (1/2) undivided share; and in favour of Julian Naudi and Michael Naudi and this in the quota of one fourth (1/4) undivided share each one of them the SUCCESSION of Ronald Naudi, son of the late Victor Naudi and Dolores née Navarro, born in Birkirkara, resided in San Ġiljan and died at Tal-Qroqq, Msida on the 5th May 2016 aged 72, holding identity card number 0689943(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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th July 2016, Application number 749/2016 by Angelo Caruana and his son Omar Caruana whereby they prayed that it be declared open in their favour the SUCCESSION of Censina Caruana, wife of the same Angelo, daughter of the late Andrew Vassallo and Dolor née Psaila, born and resided in Mqabba and died at Tal-Qroqq, Msida on the 5th December 2015 aged 58, holding identity card number 0062057(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

By a decree given on 1st August, 2016, 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 Organization and Civil Procedure (Cap. 12).

By a schedule of deposit filed in the Civil Court First Hall on the 22nd March, 2016, numbered 444/16 in the names of Edward Micallef et vs Victor Bruno Olivier et, by Edward Micallef holder of Identification number 128052M) and his wife Rita Micallef holder of Identification number 506955M respectfully submitted to this Honourable Court that:

By a virtue of a contract in the records of Notary Dr Pierre Attard of 14th May, 2001, the applicant acquired a bungalow numbered twenty nine (29), before unnumbered, named ‘Desiree’ before named ‘Satori’ and formerly named ‘Ingleborough’ in Valletta Road, Attard, with a garage and the garden around the property, subject to annual and perpetual ground rent of fifty-nine and eighteen cents a Maltese Lira and seven mils (Lm 59.18,7) equivalent to seven hundred thirty seven euro and eighty cents of euro (€137.87c), payable to the respondents.

That the applicants wish to avail themselves of the faculty by Article 1501 of the Civil Code and redeem ground rent burdening this property.

That amount of €137.87c capitalized at a rate of five percent (5%) amounts to €2,757.37c.

Therefore the applicant is asking this Honorable Court and under its Authority lodges the sum of € 2,757.37c price of redemption of this ground-rent to be freely given to the respondents after leaving the due receipt.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals 

By means of a decree of the 16th May 2016 of the Civil Court First Hall in the records of judicial letter number 3418/2013, in the names Commissioner for Revenue vs Francesco Baio pro et noe , the following publication for the purpose of service was ordered in terms of Article 187 (3) et seq of Cap. 12.

In the First Hall of the Civil Court

To Francesco Baio (ID 76269A) in you own name and as director for and on behalf of BF Business Company Limited (C55886) of Geoemm, Flat 4, Triq Ħal Kaprat, Santa Venera.

  By the present the Commissioner for Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €35,489.10 representing amount due by you as Value Added Tax according to the same Act.

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the Commissioner for Revenue has against you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants without further notice.

So much so that you may know how to regulate yourself and to proceed .

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th May 2016 of the Civil Court First Hall in the records of judicial letter number 2997/2013, in the names Commissioner for Revenue vs Pizza Factory Company Limited , the following publication for the purpose of service was ordered in terms of Article 187 (5) of Cap. 12.

In the First Hall of the Civil Court

To Pizza Factory Company Limited (C 51901) of Flat 1, Block 1, St George’s Court, Triq Santu Wistin, Saint Julian’s

By the present the Commissioner for Revenue of Centre Point Building, Ta’ Paris Road, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €33,152.36 representing amount due by you as Value Added Tax according to the same Act.

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants without further notice.

So much so that you may know how to regulate yourselves and to proceed .

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th February 2016 in the Court of Magistrates (Malta) in the records of the judicial letter number 2712/15 in the names Bank of Valletta p.l.c. vs Christopher Norman Scott Taggart, 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 Christopher Norman Scott Taggart (ID 401202L) of Victoria, Flat 12, Trejqet ir-Reġina Vittorja, Sliema, on the 21st October 20145, Bank of Valletta p.l.c. of 1/5 Misraħ San Gorg, Valletta, VLT 1190, calls upon you so that within two days you pay the sum of €3,754.77 balance of debt in your Credit Card Loan Account with Bank of Valletta p.l.c. together with further interests from the 28th April 2015 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

By a decree of the Courts of Magistrates (Malta), of 5th August 2016, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap 12).

Banns for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) it was ordered that on an application of Banif Bank (Malta) plc for the selection of Deputy Curators to represent the absent Michael David Richard Smith (ID 58453A) in the schedule of deposit number 925/14 filed by Bank of Valletta and in other relative and subsequent acts where they demanded:

That by means of a Garnishee Order issued by this Honorable Court on the 23rd April 2014 bearing reference number 833/2014 issued in the said names, the applicant was solicited to, inter alia, deposit money and/or effects of the debtor which are in its possession and this within the legal time frame in the Registry of this Honorable Court;

That the applicant is in possession of the sum of €612.85 belonging to the debtor; 

Thus the applicant requests this Court and under its authority deposits the sum of €555.78 which together with €57.07 costs and fees of this procedure and which together they add to the sum of €612.85 so as to abide with the order given by this Honourable Court by means of the garnishee order above mentioned.

Thus the applicant is depositing for all the effects and purposes of law.

Applicant: Banif Bank (Malta) plc – 203, Level 2, Rue D’Argens, Gżira.

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and file a note with a declaration that he is prepared to act as such. 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Francesco Depasquale LLD, Doctor of Laws, Magistrate of the above mentioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

NOTICE

CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Carlo Camilleri (ID 11775M) filed an application under oath (No. 187/16RGM) demanding CORRECTIONS in the ACT OF BIRTH of the minor child Samuel Camilleri number 2240/2009 respectively 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,

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree dated the 18th August 2016 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 sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

By means of a decree by this Court, on the 18th August 2016, following a request of Alfred and Angela Bernardette spouses Camilleri, it was ordered that a Deputy Curator to be chosen to represent the unknown third parties known as Lieutenant Colonel Mallia in the records of the Schedule of Redemption of Groundrent number 161/2016, in the names “Alfred and Angela Bernardette spouses Camilleri versus deputy curators to represent the unknown third parties as Lieutenant Colonel Mallia’’ mention in the schedule of deposit filed on the 12th August 2016 in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section and in the relative and subsequent acts.

By means of a Schedule of Deposit and redemption of groundrent, bearing number 161/2016 filed in the Registry of the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the names Alfred Camilleri, a pensioner, son of the late Carmel Camilleri and Pasqualina née Stellini, born in Victoria, Gozo on the 16th of May 1954, Identity Card number: 32954G together with his wife Angela Bernardette Camilleri, daughter of the late William Henry Caddy and Cathrine née Ward born in Merthyr Tydfil, South Wales, United Kingdom, on the 15th of April 1956, Identity Card number MT2503792 both residing at 237, Ghajn Qatet Street, Victoria Gozo respectfully premised:

That by means of a contract of the third (3rd) of January of the year one thousand nine hundred and eighty (1980) in the records of the acts of Notary Michael Refalo, whereby the applicants acquired the premises namely a house at Ghajn Qatet Street, Victoria, Gozo numbered two hundred and thirty five and two hundred thirty seven (235 and 237) (copy of contract and site plan annexed as Document A and Document B);

That the property acquired by this contract is subject to an annual and perpetual ground rent of one euro and forty five euro cents (EUR1.45c) equivalent to sixty-two maltese cents and five mils (LM0.62,5) payable to the heirs of Monsignor Edwardo Bondi these being Jacqueline Bondi et and an annual and perpetual groundrent of ninety seven euro cents (EUR0.97) equivalent to forty one maltese cents and five mils (LM0.41,5) payable to Lieutenant Colonel Mallia. 

That the applicants wish to avail themselves of the faculty given to them by Article one thousand five hundred and one (1501) of the Civil Code and redeem this groundrent. 

That the sum of one euro and forty-five euro cents (EUR1.45) capitalised by five percent (5%) amounts to the sum of twenty nine euro (EUR29.00) which can be withdrawn by the same Jacqueline Bondi in her name and on behalf of her siblings Louis, Joanna and siblings of the late Sandra Grech née Bondi as the heirs of Monsignur Edward Bondi whilst the sum of nineteen euro and forty cents (EUR19.40) can be withdrawn from Logutenent Cornell Mallia. 

Thus the applicants are redeeming this ground rent and are humbly calling upon this Honorable Court and under its authority are depositing the global sum of forty eight euro and forty cents (EUR48.40) being the redemption of ground rent to be freely withdrawn by the respondents separately as aforementioned, after they leave the due receipt. 

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, B.A. Mag. Jur. (Eur. Law), LLD a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals