Court Notices published in Govt. Gazette No. 20,038 of 14th August 2018

By means of a decree of the 9th July, 2018, of the Rent Regulation Board, in the records of the Application in the names Marks & Charles Limited vs Mark Micallef, Application Number 54/2018JD, the following publication was ordered for the purpose of effecting service on the respondent Mark Micallef in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Marks & Charles Limited (C 2010) vs Mark Micallef, filed in the Rent Regulation Board, on the 14th May, 2018, the applicant Mark & Charles Limited (C 2010) requested with respect and Joseph Borg (ID 163037M) confirmed on oath:

1. That the applicant leases the premises, that is garage number 8 with the entrance from Triq il-Misk, Fgura at the rent of €165 every three months in advance, which lease started after the 1st June, 1995;

2. That the parties never signed any lease agreement, and this lease was only given verbally;

3. The respondent is in default of payment by three months in advance from the 17th December, 2016, and so he is in default of the amount of €973.50 and this besides the legal interest as it results from the statement of account here attached and marked as Doc. JB2;

4. This amount is certain, liquid and due;

5. By means of judicial letter number 4288/17 dated 13th November 2017 a copy of which is attached and marked as Doc JB3, the applicant gave notice to the respondent and solicited him to make the payment due, to vacate the premises and return its possession to the applicant, but he remained in default;

6. Accordingly, the applicant has the right to resume possession of the premises in question and this because the defendant is in default of payment of the rent, and because he was given notice;

7. In the circumstances, the elements stipulated in Article 16A of Cap. 69 of the Laws of Malta are satisfied such that the application can be decided without proceeding to trial as the respondent has no valid defense at law to put forward against the claim of the applicant;

8. The applicant personally knows of the facts regarding the above mentioned;

9. The applicant declares that as far as he knows, the respondent does not have any defense to put forward against the request of the applicant.

Thus, the applicant, subject to any necessary and opportune declaration, for the reasons above mentioned and without proceeding to trial through special summary proceedings as stipulated at law in terms of Article 16 of Cap. 69 of the Laws of Malta, requests this Honourable Board so that it orders the respondent to appear before the Board on a day and time established by the same Board, and in the event that the respondent fails to appear at that sitting, or if he fails to show that he has a valid defense to bring against the applicant’s request during that sitting, the Rent Regulation Board is to:     

1. Proceed to give judgment with respect to the matter and hand, summarily in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Order the eviction from the premises that is garage number 8, with entrance from Triq il-Misk, Fgura, within a short and peremptory period fixed by this Honourable Board;

3. Declare that the respondent is in default of payment of the rent due from the 17th December, 2016, amounting to €973.50;

4. Order the respondent to pay the applicant the sum of €973.50.

With costs including those of the judicial letter dated 13th November, 2017, and reference to the oath of the respondent is being made.

Applicant: Marks & Charles Limited, JB’s Bureau, 93/95 Triq is-Sirk, Swieqi

Respondent: Mark Micallef, Appt 12, Crystal Towers, Triq ir-Roża Marsaskala u/jew Block A, Flat 12, Triq iċ-Ċikas, Ħaż-Żabbar

The application in the names Marks & Charles Limited vs Mark Micallef, Application number 54/2018JD, has been postponed for hearing to the 23rd October, 2018, at 9.30 a.m. 

By order in terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you have to appear before the Board above mentioned on the day and time give and notified to you. 

In terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you are warned that this application is made by means of a special summary proceedings in which proceedings, the judgment will be given on the first day of hearing of the application and if the respondent do not make an appearance at the sitting or if he fails to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 19th April, 2018, following a request by Maria Perrett pro et noe it was ordered that deputy curators be chosen to represent the absent David Perrett, Gordon Perrett, Richard Perrett and Sharon Perret in the records of the sworn application number 347/2018MH in the names Maria Perrett pro et noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Maria Perret (ID 982549M) who is appearing in her own name and for and on behalf of Thomas Scicluna (passport number 551370900), Paul Scicluna (passport number N9739112), Luke Scicluna (passport number 502117059), Gemma Maria Theresa Ohaka (ID 272002L) and Jolene Perrett (ID 55993M) vs Deputy Curtors to reprensent the absent David Perret, GordonPerrett, Richard Perrett and Sharon Perret, all brothers and sisters Perrett, children of the late David Perret and Ruth née Herne, owners of the premises number 19, Elan previously Alfred, Triq Carlo Manchè, Gżira, on the 16th April, 2018, the applicant Maria Perret (ID 982549M) who is appearing in her own name and for and on behalf of Thomas Scicluna (passport Number 551370900), Paul Scicluna (passport number N9739112), Luke Scicluna (passport number 502117059), Gemma Maria Theresa Ohaka (ID 272002L) and Jolene Perrett (ID 55993M) requested with respect and confirmed on oath:

That the applicant and also her children represented by her are all co-owners of seven ninths (7/9) of the premises with number 19 with the name Elena previously Alfred, Triq Carlo Manchè, Gżira;

For the avoidance of doubt, it is stated that the applicant Maria Perrett is the usufructuary of her deceased husband David Perrett whilst the children here represented are the heirs of the deceased David Perrett;

By means of a contract of sale dated 30th April, 2002, in the acts of Notary Mark Coppini the applicant together with her late husband acquired the premises with the name Alfred, 19, previously 134, Triq Carlo Manchè, Gżira;

The husband of the applicant David Perrett died on the 26th March, 2010, and by means of a will unica charta dated 8th April, 1997, in the acts of Notary Maurice Gambin he left the applicant usufructuary of his share of the property de quo, that is half undivided share, whilst he left as universal heirs his children David, Gordon, Richard, Sharon brothers and sisters Perrett from his first marriage, Gemma, Jolene sister Perrett from his second marriage and Thomas, Paul and Luke brothers Scicluna children of the applicant from her first marriage with Andrew Scicluna and this in equal shares from one eighteenth undivided share;

Accordingly, the applicant is the owner of one half (1/2) undivided share as a result of the acquisition which she made together with her husband in 2002, whilst Gemma, Jolene, Thomas, Paul and Luke are the co-owners of five eighteenths (5/18) undivided share that was inherited by them following the death of their father David Perrett;

Accordingly, the applicant Maria Perret and the children represented by her are the co- owers of seven ninths (7/9) of the premises subject of these proceedings since Maria Perrett is the owner of nine eighteenths (9/18) and the siblings Gemma, Jolene, Thomas, Paul and Luke are the co-owners of one eighteenth (1/18) each one of them and thus five eighteenths (5/18) together;

Accordingly, the remaining shares which belongs to the respondents who are absent is of two ninths (2/9) that is one eighteenth (1/18) each;

By means of a promise of sale in the acts of Notary Dr Dorian Sciberras dated 2nd November, 2017 (Doc. MP4) the applicant obliged herself to sell and transfer in favour of Vincent Fenech (ID 250652M) and his wife Carmen Fenech (ID 196756M) the premises on ground floor level with number 19 with the name Elena previously Alfred, Triq Carlo Manchè, Gżira, subject to the annual and perpectual ground rent of Lm1 equivalent to €2.33 as subject to the servitude of windows and the passage of rain water in favour of the underlying property, otherwise free and unencumbered with all its rights and appurtenances for the price of €100,000 and according to the conditions mentioned in the same promise of sale;

In the same promise of sale, by means of clause number six (6), the seller declared that she knows that there may be other people that have a share from this property and so the parties agreed to subject the same promise of sale to the signature of all the owners (of the same promise of sale) and/or the authorisation to sell by the Civil Court (First Hall) of the remaining undivided shares in terms of Article 495A of the Civil Code Cap. 16 of the Laws of Malta.

The applicant declares and confirms that there are no law suits regarding the division of the same property before any Tribunal or a competent Court;

From official searches that have resulted so far it it results that the owners of the remaining shares of the premises in question are David Perrett, Gordon Perret, Richard Perrett and Sharon Perrett children of David Perrett and Ruth née Herne and there is no knowledge about their whereabouts or if their surname is still Perrett; 

As already mentioned the promise of sale between the partiers is subject to the condition that the buyers acquire the entire shares of the said premises, as a result of which the share of the respondents amounts to €22,222.20;

This value is fair and real and causes no prejudice to the respondents as it results from the estimate carried out by Architect David Mifsud Parker;

Thus, for the sale of the whole premises above mentioned be made, the applicant Maria Perrett together with her children here represented by her are prevailing themselves of Article 495A of Cap. 16 of the Laws of Malta so that the said sale is approved.

Together with this sworn application a relative declaration of the applicant and her children represented by her is being attached and by means of which they are declaring that they are in favour of the sale of the whole premises as above-mentioned subject to the terms and conditions of the promise of sale dated 2nd November, 2017, and this in terms of Article 495A (2) of Chatper 16 of the Laws of Malta;

Together with the sworn application the applicant is attaching a statement that shows the act and the value of the relative shares of the parties and this in terms of Article 495A (2) of Cap. 16 of the Laws of Malta;

Thus, the applicant in her own name and on behalf of her children, in view of all that above mentioned, request with respect this Honourable Court to:

1. Authorise the sale of the whole premises at ground floor level with number 19 with the name Elena previously Alfred, Triq Carlo Manche, Gzira as described in this application and mentioned in the promise of sale dated 2nd November, 2017, signed between the applicant Maria Perret and buyers Vincent Fenech (ID 20652M) and his wife Carmen Fenech (ID 196756M) in terms of Article 495A of Cap. 16 of the Laws of Malta;

2. Establish a day, time and place so that the eventual sale and transfer will be made;

3. Nominate curators so that they represent those absent owners who cannot be found on the deed of transfer and orders so that they appear and represent the owners of the said premises with the time, day and place as established by this Honourable Court;

4. Nominate Notary Doctor Dorian Sciberras to publish the deed of sale;

5.Nominate and authorise the applicant so that she deposits the sum representing the undivided share of the property of those who are absent and who could not be found, under the authority of this Honourable Court and this after deducting from the share of the respondents the tax due to be paid and also the relative expenses for the rights and costs of the curators appointed.

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

Applicant: Markev, Triq l-Isbandola, Ħal Qormi

Deputy Curators: Law Courts, Valletta

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 Lawrence Mintoff, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 6th of August, 2018, in judicial sale number 6/2018 in re. ‘Victor Formosa vs Rita Gauci et’ and by a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 19th of June, 2014 in the records of writ of summons number 96/2011, in the names of ‘Rita Gauci et vs Gregory Formosa et’, the day of Monday 8th of October, 2018, at 10.00 a.m., 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 property:

1. Portion of land known as ‘Ta’ Qġiega ta’ Fuq’, limits of Ta’ Kerċem, Gozo, measuring approximately three hundred and twenty-three points four square meters (323.4sq.m.), valued at three thousand euro (€3,000). 

2. Portion of land known as ‘Tal-Għajn’, limits of Munxar, Gozo, measuring approximately two hundred and eleven square meters (211sq.m.), valued at two thousand and two hundred euro (€2,200).

3. Portion of land known as ‘Tal-Għajn’, limits of Munxar, Gozo, measuring approximately three hundred and sixty-three square meters (363sq.m.), valued at three thousand and six hundred euro (€3,600).

4. Undivided one seventh part (1/7) from a portion of land known as ‘Tal-Ghajn’, limits of Munxar, Gozo, measuring approximately five hundred and forty-eight square meters (548sq.m.), valued at seven hundred and eighty-five euro and seventy-one cents (€785.71);

5. Portion of land known as ‘Tal-Laqx’, limits of Ta’ Kerċem, Gozo, measuring approximately one hundred and twenty-seven points four square meters (127.4sq.m.), valued at thirty thousand euro (€30,000);

6. Portion of land known as ‘Tal-Laqx’, limits of Ta’ Kerċem, Gozo, measuring approximately two hundred and ninety-two points two square meters (292.2sq.m.), valued one hundred and seventy thousand euro (€170,000);

7. Portion of land known as ‘Tat-Tenewt’, limits of San Lawrenz, Gozo, measuring approximately one hundred and eighty-two points six square meters (182.6sq.m.) valued at one thousand and eight hundred euro (€1,800);

8. Undivided one seventh part (1/7) from a portion of land known as ‘Ta’ Mira’, limits of Għarb, Gozo, measuring approximately three hundred and twenty-three points eight square meters (323.8sq.m.), valued at four hundred and fifty-seven euro and fourteen cents (€457.14);

9. Undivided one seventh part (1/7) from a portion of land known as ‘Tal-Wardija’, limits of San Lawrenz, Gozo, measuring approximately one hundred and forty-two points three square meters (142.3sq.m.) valued at two hundred and fourteen euro and twenty-nine cents (€214.29);

10. Undivided one seventh part (1/7) from a portion of land known as ‘Tal-Wardija’, limits of San Lawrenz, Gozo, measuring approximately ninety-seven points eight square meters (97.8sq.m.) valued at one hundred and forty-two euro and eighty-six cents (€142.86);

This property belong to the parties in the said writ of summons and will be sold as described in the report by AIC Shawn Micallef sworn on the 22nd of April, 2014, in the same records of said writ of summons. 

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 27th July, 2018, in the records of the judicial letter number 592/18, in the names Argus Insurance Agencies Limited noe vs Miguel Mifsud et, ordered the following publication for the purpose of effecting service on the defendant Bashinu Akubu, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Miguel Mifsud and Bashinu Akubu of Ċentru ta’ Detenzjoni, Ħal Safi, on the 2nd March 2018, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta’ Xbiex, whilst reference is made to the car accident that occured on the 19th August, 2016, in Triq Melita, Valletta, between the vehicle NYC 212 property of John Louis Degiorgio, and the vehicle with registration number MIG 079 insured by you Miguel Mifsud with the interepellants and driven by you Bashinu Akubu.

The interpellant notes that Bashinu Akubu was not covered by an insurance policy issued by the interpellant because this only covered exclusively you Miguel Mifsud.

In the circumstances, the interpellant informs you that in the event that it is obliged to make any payments in connection with the accident de quo which is subject to the pending arbitration procedures in the names GasanMamo Insurance Limited et vs Argus Insurance Agencies Limited noe (M5275/2018) it is from now declaring that in your regard it will proceed so that it recovers from you all amounts which it may have to pay by it that is the capital sum, costs and interest.

This letter is being made for all the puposes and effects of law, and particularly, but not limitedly for Cap. 104 of the Laws of Malta.

So much so that you may know how to regulate

yourselves.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th December, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 463/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Gaetano Falzon, the following publication was ordered for the purpose of effecting service on the respondent Gaetano Falzon in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Gaetano Falzon (ID 868451M) of Secret Family, Flat 5, Triq Geronimo Abos, Iklin

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,634.23, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law regarding the the bill number 101000218666 regarding the premises 149, Latern, Triq Sant’Antin, San Pawl il-Baħar.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th February, 2018, Application number 234/2018, by Josephine Cassar, Carmen Attard and Maria Tedesco, whereby Michelina Duglan holding identity card number 0362153M, aged 65, wife of Edward Idris Duglan, daughter of the late Philip Abela and Petra née Demicoli, born in Ħal Għaxaq on the 7th May, 1953, and residing at Charian Residence Marsaskala was interdicted by means of a decree given on the 29th May, 2018.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th July, 2018, Application number 1100/2018 by Noelene Miggiani and Sergio Tanti whereby they prayed that it be declared open in their favour as the sole heirs, children of the decujus in equal shares between them the Succession of Carmen Tanti Petroni, widow, daughter of the late Fortunato Petroni and Elena née Bray, born in Ħamrun, resided in Mosta and died in Mosta, Malta, on the 26th April, 2017, aged 90, and who held the identity card bearing number 0556026M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 12th July 2018, Application number 1081/2018, by Mary Falzon née Pace whereby she prayed that it be declared open in favour of the same Mary Falzon née Pace in the quota of one half (1/2) undivided share each and the remaining one fourth (1/4) undivided share in favour of Elizabeth Falzon and the other one fourth (1/4) undivided share in favour of Robert Falzon children of the decujus the Succession of Joseph Falzon, married, son of the late George Falzon and Karmena Falzon née Abela, born in Marsa, resided in Mosta and died in Tal-Qroqq, Msida, on the 9th January, 2018, aged 80, and who held the identity card bearing number 0490737M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 12th July, 2018, Application number 1080/2018, by Mary sive Maria Borg née Cassar et whereby they prayed that it be declared open in favour of the same Mary sive Maria Borg wife of the decujus and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of the children of the decujus Emanuel sive Noel Borg, Igino Borg and Vincent Borg in equal shares between them the Succession of Giuseppe Borg, son of the late Vincenzo and Giuseppa née Vella, born in Mosta and resided in Mosta and died in Ħ’Attard, Malta, on the 26th December, 2017, aged 88, and who held the identity card bearing number 90629M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 2nd July 2018, Application number 1019/2018, by Anthony Scicluna and Rita Azzopardi whereby they prayed that it be declared open in their favour in the quota of one half (1/2) undivided share each one of them the Succession of their brother Joseph sive Joe Scicluna, bachelor, son of the late Giuseppe sive Joseph Scicluna and Giovanna Scicluna née Mallia, born in Ħal Qormi, Malta, resided in Ħaż-Żebbuġ, Malta and died in Tal-Qroqq, Msida, on the 19th March, 2018, aged 63, and who held the identity card bearing number 0537054M. 

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 Civil Court of Voluntary Jurisdiction Section, on the 13th July 2018, Application number 1099/2018, by Anne Marie Carabot et whereby they prayed that it be declared open in favour of the same Anne Marie Carabot wife of the decujus and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of the children of the decujus Sarah Carabot, Nicola Maria Carabot and Edward Carabot in equal shares between them the Succession of Alfred Carabot, son of the late Edgar Saviour Carabot and Carmela née Grech, born in Tas-Sliema, resided in Tas-Sliema and died in Tal-Qroqq, Msida, on the 21st February, 2018, aged 64, and who held the identity card bearing number 0214253M. 

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 of the 9th August, 2018, given by the Courts of Magistrates (Gozo), Superior Jurisdiction, General Section 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). 

Be means of an application, presented before the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, filed on the 8th August, 2018, from Doctor Patrick Valentino, (ID 236868M) in the warrant of Prohibitory Injunction Number: 44/2018PC in the names ‘Avukat Patrick Valentino nomine vs Salvu Mintoff & Sons Limited et’, respectfully submitted that:

As a Rector of the Benefice named Abbazia di Sant’Antonio delli Navarra, presented by the Patruni and appointed by an Archbishop’s decree requested that Salvu Mintoff & Sons Limited of Imperia Court, 6, Triq Gerry Zammit, Gżira, Mario Gatt personalment of 54, ‘Greta’, Triq Michele Busuttil, Victoria; Raymond Gatt of Serdonixe, Triq il-Kappuċċini, Victoria; William Gatt of 21, Triq l-Isptar San Ġiljan, Fontana; Joseph Gatt of Alba, Triq il-Belliegħa, Victoria; Ronnie Gatt of 30, Triq il-Kappuċċini, Victoria u Benigno sive Benny Gatt of Mater Dolorosa, Triq l-Imġarr, Xewkija, be prohibited from executing any excavation or quarrying of any type, detonating explosives of any type, or operating a quarry, taking out, selling or by any means and in any form transporting rocks, stones, sand, and any other product of quarrying operations from any part of the lands in the limits of Qala, Gozo, shown bordered in brown on the plan attached as document A with the application. These lands are or have in the past been known with different names including ‘Ta’ Vardati’, ‘Ta’ Wardati’, ‘Ta’ Dahar il-Ħmar’, ‘Tal-Ħawli‘, ‘Tal-Qasam’ and ‘Ta’ Għar id-Dar’.

The application is appointed for hearing for the 17th August, 2018, at 11.00 a.m. 

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 27th June, 2018, following a request by Mediterranean Trading Shipping Company Limited it was ordered that deputy curators be chosen to represent the Vessel M.V. Irmak in the acts of the application number 665/2018MCH in the names Mediterranean Trading Shipping Company Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed in the First Hall of the Civil Court, in the names Mediterranean Trading Shipping Company Limited vs Deputy Curators to represent the vessel M.V. Irmak registered with a Tanzania flag, with registration IMO 7514490, on 22 June, 2018, the applicant Mediterranean Trading Shipping Company Limited (C 365) respectfully requested:

The applicant company is debtor in the amount of €47,193.39, besides further interest on the capital and costs. The debt is due as in 2011 the creditor company provided various services to the respondent vessel, which services were related to material, supplies, provisions and other necessities provided to the vessel for its operation, management, upkeep and maintenance; 

Since this amount remained due to the applicant company, on 3 November, 2011, the applicant company proceeded by securing its claim with the issue of a warrant of arrest of sea-going vessels number 1539/2011 against the respondent vessel;

The debt due to the applicant company was rendered an executive title by means of a judgm​ent of this Honourable Court dated 9th January, 2011, presided by Mr Justice Mark Chetcuti, here attached and marked Doc. A;

That from that time till today, the applicant continued to pay port dues to Transport Malta since the vessel was berthed in a Maltese port. Subsequently, on the basis of these payments, the applicant was subrogated in the rights of Transport Malta. These rights form part of the executive title above mentioned.

In the circumstances, the applicant company has an interest to enforce the executive title which it obtained by proceeding to the sale of the respondent vessel, which sale is to be approved by this Honourable court in terms of Articles 358 et sequitur of Cap. 12 of the Laws of Malta (Part I, Title VII, Sub-TitleV – Of Court Approved Sales for ships, vessels and aircraft);

That according to Article 359 of Cap. 12 of the Laws of Malta this court has power of the creditorʼs request who has executive title, to approve the private sale of a vessel in favour of the identified buyer and at the determined price;

That according to Article 359 of Cap. 12, the applicant company is attached to this application, two estimates as requested by law: one carried out by Ing. Anthony Dalli who estimated the respondent vessel at €44,500 here attached and marked as Doc. C, and the other one carried out by Coral Marine Consultancy and Enginéering (Ing. Karl Briffa) who estimates the vessel at €43,332 here attached and marked as Doc. D;

The applicant company has an offer for the purchase of the said respondent vessel from the Maltese company Cassar Ship Repair Limited, with company registration number C 6929 registered at Slip Way No. 6, Cross Road, Marsa, at the price of €35,000 as results from the Memorandum of Agreement dated 8th June, 2018, here attached and marked as Doc. E;

The offer is less than the quotes filed before this Honorable Court but realistically the price estimated is difficult to achieve. The only possibility is for the vessel to be sold for scap purposes as it is in a very bad condition. It is not possible for the vessel to be shredded in Malta and accordingly it needs to be sent to the closes place where this process is possible and namely in Turkey. This is not an easy process and is very costly. This is so much the case that attempts by other creditors to sell the vessel through judicial sale have been abandoned. One is to add that this vessel has been in Malta for the past seven years berthed in Marsa. In the circumstances, the price of €35,000 is a fair one. 

In terms of Article 360 of Cap. 12 of the Laws of Malta this application is being notified to the debtor and the Registrar of Ships and also to other creditors who have initiated procedures against the respondent vessel and who might have an interest in these procedures.

Thus, the applicant company requests with respect this Honourable Court to:

1. Approve the private sale of the respondent vessel MV Irmak in favour of the Maltese company Cassar Ship Repair Limited and this for the price of €35,000 and this under the terms and conditions of the Memorandum of Agreement of 8th June, 2018, and/or under any other terms and conditions which this Honourable Court may deem fit to impose in terms of Article 358 of Cap. 12 of the Laws of Malta;

2. Appoints in terms of Article 362 of Cap. 12 of the Laws of Malta Lawyer Dr Michael Camilleri or in his absence, appoints another person who will be authroised to transfer the respondent vessel according the agreements and conditions in the Memorandum of Agreement dated 23rd July, 2013, and/or under any other agreement or condition that this Honorable Court deems fit, as if he were its registered owner with all the implications stipulated at law including article 364 of Cap. 12 of the Laws of Malta.

3. Gives any other direction which may be opportune according to the circumstances of the case.

The application number 665/2018 in the names Mediterranean Trading Shipping Company Limited vs Deputy Curators is postponed to the 19th September, 2018, at 9.00 a.m., before Judge Mark Chetcuti, LLD

Notification:

Applicant nomine: 13, Barriera Wharf, Valletta

Registrar of Ships, Transport Malta, Marsa

Cassar Ship Repair Limited, Slipway No. 6, Marsa Cross Road, Marsa

Malta Towage Limited, Avalone Court, Basement Level, Triq Patri Wistin Born, Marsaskala

Deputy Curators: Law Courts, Valletta

You are therefore ordered to affix an official copy of these banns 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 R. Micallef, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, in the records of the judicial letter number 555/18, in the names HSBC Bank Malta plc vs Gozo Caterers Ltd, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on the respondent company in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Gozo Caterers Ltd (C 4338)

305 St Paul’s Street, Valletta

By means of the present, HSBC Bank Malta plc (C3177) of 32, Merchants Street, Valletta, brings to your formal notice the fact that on the 15th January, 2018, you defaulted in your loan repayment, which loan was given to you by means of a contract in the records of Notary Dr Eugenio Montanaro, dated 21st November, 1995, and solicits you so that within two days from when you receive this letter you pay the amount of €76,050.05, representing as for the sum of €47,765.08 the capital and as for the sum of €28,284.97 the interest which accrued on the capital till the 15th January, 2018, which sum is due on the account number 51022456, which sum was duly given to you on the facility of Home Loan with the interpellant bank and accepted by you besides the interest from the 16th January, 2018, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which sum you were repeatedly solicited to pay but remained in default.

To avoid useless Court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notorial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further Court procedures will be taken against you without further notice.

So much so that you may know how to regulate yourselves

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals                  

By means of a decree of the 17th April, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 307/2018 in the names Sonia Tonna vs Mario Caruana , the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Mario Caruana (ID 749151M) of 3A, Sunset Flats, Triq il-Port Ruman, Qawra

By the present, Sonia Tonna (ID 551576M) of 42, Triq il-Glieba, San Pawl il-Baħar, makes reference to the lease agreement dated 24th March 2013 of the premises Sunset Flats, Flat No. 3A, Triq il-Port Ruman, Qawra, and informs you that such lease is being terminated as of the 24th March of the current year.

The interpellant by means of this present is formally informing you that she does not have the intention to renew the lease for another year.

Thus, the interpellant solicits you so that till the end of the lease you vacate from the said premises and you take all your personal belongings and return the keys of the same premises directly to the interpellant.

In default of your complying with the above in the time given there will be no alternative but to take the necessary opportune judicial procedures on your behalf.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 24th July, 2018, the publication of the following banns which appear hereunder was ordered for the purpose of effecting service in terms of Article 929 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 D. D. Consultus Limited for the selection of Deputy Curators to represent Franz Holdings Limited and Edesia Limited in the application number 172/2018RM and in other relative and subsequent acts where he requested:

That the respondent companies are to state why they should not be ordered:

To pay the amount of €11,669 to the same company, representing the sum due for services rendered by the applicant company on your request, and which you failed to pay for although the applicant company sent several statements (Doc. A 1 – Doc. A 6) and also a legal letter requesting you to pay for the services rendered to you;

That the applicant company choose to institute one law suit against the two respondent companies because there exist the circumstances set out in Article 161(3) of Cap. 12 of the Laws of Malta in particular because the subject matter is a common one and the evidence is similar, and in some instances, identical.

With costs and legal interest against the respondents whereby their representatives are from now summond so that a reference to their oath be made.

Together with this law suit a Garnishee Order in the same names and for the same amount was filed for the services rendered by the applicant company as stated in the application.

Applicant: Villa Ichang, Triq Mons. Alfredo Mifsud, Ta’ Xbiex, Malta

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 files 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 Gabriella Vella, LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals