Court Notices published in Govt. Gazette No. 20,072 of 19th October 2018

By means of a decree given, by the Civil Court (Commercial Section) on the 3rd September, 2018, in the records of the Warrant of Prophibitory Injunction in the names Suzanne Mifsud vs Edgar Mifsud, Warrant number 977/18 MH, the following publication was ordered for the purpose of service of the respondent, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed,in the Civil Court (Commercial Section) in the names Suzanne Mifsud (ID 576763M) vs (Respondent) Edgar Mifsud, Warrant of Prohibitory Injunction Number 977/2018, MH, on the 23rd August 2018, the applicant Suzanne Mifsud, respectfully pleaded:

That in virtue of the procedures in the names premised which were conducted by means of an application of the 14th June, 2018, the applicant asked for the issuing of a Warrant of Prohibitory Injunction so that the defendant be witheld from holding a sitting or rather Extraordinary meeting of the shareholders of the company Citypro Limited (C 26902) called on 20th June, 2018, at 11.00 a.m.;

That in virtue of a decree given by this Honourable Court, on the 14th June, 2018, the demands of the applicant above mentioned were provisionally upheld;

That the respondent is not notified nor with the original application nor with the provisional decree of the 14th June, 2018;

That during the course of hearing of other procedures in the same name also for the issuing of a Warrant of Prohibitory Injunction (Warrant of Prohibitory Injunction number 1080/2018) it results that nothwitstanding the said decree of Injunction given provisionally on the 14th June, 2018, as stated and nothwithstanding also that on the 20th June, 2018, the Marshall Giovanni Battista Dimech, in the presence of the applicant Suzanne Mifsud, was present in the premises number 58, Old Bakery Street, Valletta, before eleven in the morning, the time when the meeting had to be called, in order to notify the respondent with this warrant number 977/2018, where the receptionist notified them that Edgar Mifsud was not there and and that no meeting of Citypro Limited was held, the applicant was informed by email dated 20th June, 2018, that the sitting or rather the Extraordinary Meeting of the shareholders of the company Citypro Limited, called by the respondent on the 20th June, 2018, above mentioned was effectively held;

That it was held by this Honourable Court in the course of the hearing of the same Warrant number 1080/2018, and it results clearly by Law, that although the respondent is not notified with the provisional decree above mentioned of the 14th June, 2018, the provisions of Article 873(4) of the Code of Procedure are valid and applicable.

Thus, the applicant respectfully prays that this Honourable Court in terms of the provisions of Aarticle 873(4) of the Code of Organisation and Civil Procedure to order saving if necessary a declaration that after the issuing of the Warrant of Prohibitory Injunction above mentioned, the respondent proceeded or rather acted in violation of the order of this Honourable Court sasked this Honourable Court so that within a short and perremptory period, he corrects what he has done in violation of the warrant issued provisionally , by inter alia giving the Registsr of Partnerships, the necessary Notice so that it be known why the removal of the applicant from the Directorship of the said company Citypro Limited was made in violation of the warrant issued provisionally by this Honourable Court.

Civil Court (Commercial Section)

Warrant number 977/18 MH

 Mifsud Susanne vs Mifsud Edgar

Monday, 3rd September, 2018

When the application was called there appeared the applicant assisted by Dr Stephen Thake and Dr Jonathan DeMaria.

Dr Thake for the applicant points out that the service ordered on the 14th August, 2018, was carried out and no reply was made and asks the Court to pass on to the final decree . The request is upheld, and the warrant of prohibitory injunction shall be decreed in camera.

The Court after seeing the application of the 23rd August, 2018, and the decree of the 30th August, 2018, which last decree it is revoking, authorises Dr Thake to proceed with the service of the last mentioned application after the legal time and by means of the procedure contemplated under Art 187(3) and in view of the urgency of the case proceed with the same contemporaneously.

The Court orders also that the hearing of the same application of the 23rd August, 2018, for the sitting of the 28th September, 2018, in the sense that the respondent shall have a period to make his reply in writing till three days before the sitting fixed.

Orders the applicant’s advocates so that together with the application in question there be notified today’s minutes.

The Application Number 977/18 MH, in the names Mifsud Suzanne vs Mifsud Edgar, was deferred for hearing to the 31st October, 2018, at 9.00 a.m.

1) Edgar Mifsud, 35A, St Anthony Street, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 11th October, 2018, on the application of Strand Palace Agencies Limited (C 3838), Wednesday, 28th November, 2018 at eleven in morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at number seventeen (17), Triq id-Dejqa, Valletta, of the following items seized from the property of Target Group Malta Ltd (C 69676):

Photocopier of the make Mashuatec, grey in colour;

Photocopier of the make Konica Minolta C253, black in colour;

Photocopier of the make (Ecosys) Kyocera, white in colour,

Photocopier of the make Develop, black and white in colour;

Paper folder of the make Uchide, grey in colour;

Photocopier of the make Konica Minolta 1052 with monitor, grey in colour;

Chest freezer white in colour.

N.B. The said objects will be sold as described in the acts of Judicial Sales file number 10/18.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 25th June 2018, 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).

J. Zammit Limited (C 37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ (Malta), filed a Claim on the 9th April, 2018, whereby they asked the Court to condemn Jonathan (Johnatan) Portelli (ID 207587M) of Earl’s Court, Flat 12, Triq Wied il-Kappara, Gżira, to pay the plaintiff company the sum of €5,980, which amount is due to the plaintiff company.

With costs and interests

The case (Notice number 85/18SG) is deferred to the 5th Novembern 2018n at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 1st October, 2018, 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).

Doctor Arsen Avakyan (ID 101375A) as mandatory of Tigran Arutyunyan (Russian passport number 710618921) of c/o 22/16, Vincenti Buildings, Strait Street, Valletta, filed a Claim on the 26th June, 2018, whereby they asked the Court to condemn Charles Agius (ID 27975M) of Iż-Żerniq, Triq Dun Salvatore Magri, Iż-Żurrieq, to pay the plaintiff the sum of €10,000, which amount is due to the plaintiff.

With costs and interests

The case (Notice number 149/18MF) is deferred to the 7th November, 2018, at 10.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a note, presented, in the First Hall Civil Court, which Advocate Errol Cutajar brought forward on the 11th October, 2018, the hereunder mentioned document was exhibited in order to be published in terms of Article 9 of Cap. 13 of the Laws of Malta.

By means of a contract, published on the 23rd August, 2018, by Notary Doctor Sam Abela, Michael Catania, Director, son of Anthony and Giuseppa née Calleja, born in Ħ’Attard and residing in Mosta (ID 253969M) and his wife, Agnes, home maker, daughter of John Gauci and Rose née Abela, born in Tal-Pietà and residing in Mosta (ID 416771M), emancipated their son Mikael Catania, student, son of the same Michael Catania and Agnes née Gauci, born in Tal-Pietà and residing in Mosta (ID 110802L) so that he can do all acts of trade according to Articles nine and ten of the Commercial Code.

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 7th September, 2018, in the records of the Sworn Application in the names Conbes Holdings Limited (C 36350) vs Unique Group Limited (C 74674) et, Application number 666/18 SM, the following publication was ordered for the purpose of service of the respondent companies Unique Group Limited (C 74674) and Unique Construction Limited (C 74909) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court (Applicant) in the names Conbes Holdings Limited (C 36350) vs Unique Group Limited (C 74674) Unique Construction Limited (C 74909) on the 22nd June, 2018, the applicant Bessam Abdulrahman Abdulhamid (ID 0256610L) as Director of the company Conbes Holdings Limited (C 36350) asked this Honourable Court,

1. To declare that the respondent companies are debtors of the applicant companies in that sum that shall be liquidated by this Court, representing the debt due to the applicant company and damages suffered by the applicant company and condemn the respondent company to pay the debt and damages so liquidated.

 With costs and interests as demanded against the respondent companies summoned so that a reference to their evidence be made.

Respondent Companies: 1) Unique Group Ltd, Triq Ġużè Howard, c/w Triq Ġorġ Borg, Tas-Sliema SLM 1750;

            2) Unique Construction Ltd, Triq Ġużè Howard, c/w Triq Ġorġ Borg, Tas-Sliema SLM 1750.

The Sworn Application in the names Conbes Holdings Limited (C36350) vs Unique Group Limitred (C 74674) et has been deferred to Tuesday, 13th November, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

By a decree given on the 28th August, 2018, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for service according to Article 187 (5) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 11th August, 2018, by Solair Development Limited (C 4888), file 20/18 in the names Solair Development Limited (C 4888) vs DHM Property Investments (C 29997) is being asked that the Court orders the Sale by Auction of the:

Hotel named ‘Paloma Residence’, formerly known as ‘Sabina Holiday Complex’, without a number and built on a portion of land marked as plot numbers 79 and 80 in the area known as Toqba l-Bajda in Triq il-Ġifen in Buġibba, limits of San Pawl il-Baħar, including the overlaying airspace.

An unnumbered block named ‘Blue Angel Holiday Complex’ consisting of two garages at ground floor level and overlaying apaprtments including the airspace which property is found in Triq il-Ġifen, Buġibba, limits of San Pawl il-Baħar, in the area known as Tat-Toqba l-Bajda.

The said tenement is the property of DHM Property Investments (C 29997).

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Francis Xavier Chetcuti (ID 679925M) filed an application under oath (No. 985/2018/LSO) demanding Correction in the Act of Death number 178/2018 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

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 9th August, 2018, in the records of the Application in the names Attard Jonathan et vs Bromage Emily, Application number 393/18 RM, the following publication was oirdered for the purpose of service of the respondent Emily Bromage, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court (Applicant) Dr Jonathan Attard (ID 240884) in his capacity of special mandatary of John Mifsud (ID 0118253M) Joseph John Miufsud (ID 428916L) and David James Mifsud (ID 436816M) vs Bromage Emily (ID 27532A) on the 26th April, 2018, the applicant Dr Jonathan Attard, asked this Honourable Court for the reasons premised in the application,

1. To declare that the applicants have the right of use of the roof including the right to hang clothes and fix water tanks, television aerials and other services including air conditioning systems, declare that if the defendants or either of them, build the airspace on the basis of the MEPA permit mentioned these shall by their actions limit and prejudice the rights of the applicants to make use of the roof by means of the above mentioned contract and uphold the other demands in the application.

With costs, as demanded against the defendant from now summoned so that a reference to their evidence be made.

Notify Respondent: Caledonia Towers, 19, Ix-Xatt ta’ Qui-Si-Sana, Triq il-Ponta ta’ Dragut, Tas-Sliema

The Sworn Application in the names Attard Jonathan et vs Bromage Emily, Application number 393/18 RM, has been deferred for hearing to the 24th October, 2018, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 14th August, 2018, on the application of Farrugia Jesmond (ID 507171M), Thursday, 6th December, 2018, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held on the First Floor of these Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property which includes a portion of land occupied by two farms without number, one known as ‘Farmhouse tar-Riħ’ and the other known as ‘Catherine’s Domain’, in tar-Riħ in territory known as Tal-Madliena, in the part known as l-Munxar, ta’ Gidem, and ta’ Newma limits of Ħad-Dingli, bounded on the south by Triq l-Irdum formerly known as Dingli Cliffs Road, on the East in part by property of the Government of Malta and in part by property of the heirs of the late Notary Joseph Felix Abela and others, on the West by a public road for the price of two million and three hundred thousand euro (€2,300,000) as said in the judgement given on the 27th October, 2017, by Judge Hon. Joseph Azzopardi, Application number 1091/12.

The said tenement is the property of Ellul Giuseppa (ID675537M) and Farrugia Jesmond (ID 507171M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 24/2018.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 20th May, 2018, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 24th April, 2018, whereby they asked the Tribunal to condemn Tingley Paul Andrew (ID 75817A) of C and G Mans, La Mare, Triq il-Mosta, San Pawl il-Baħar, to pay the plaintiff company the sum of €897.67, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 165/18CZ) is deferred on the 31st October, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 28th September, 2018, in the records of the Sworn Application, in the names Fulani Properties Limited (C 34553) vs Mixer Limited (C 9942) et, Application number 762/18 MH, the following publication was ordered for the purpose of service of the respondents: 1) Mixer Limited (C 9942); 2) Asset Investments Limited (C 15519), in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Fulani Properties Limited (C 34553) vs 1) Mixer Limited (C 9942); 2) Asset Investments Limited (C 15519), on the 19th July, 2018, the applicant Fulani Properties Limited (C 34553) as duly represented asked the respondent companies to state why this Honourable Court should not,

1. saving any declaration which may be required and necessary declare that the respondent companies are obliged to come forward for the publication of the final deed of sale and transfer in favour of the applicant company: a) the divided portion of land or rather field of the area of circa 1,834.072 square metres known as ‘l-Għalqa ta’ San Martin’ and known also as ‘Ta’ Wied Inċita’ in the limits of Ħaż-Żebbuġ, Malta, which field is accessible from the land property of Asset Investments Limited, as better described in the said preliminary agreement; and b) the divided portion of land or rather field of the area of circa 26,325.73 square metres known also as ‘L-Għalqa ta’ San Matrtin’ and known also as ‘Ta’ Wied Inċita’ which divided portion of land is accessible from Triq l-Imdina, Ħaż-Żebbuġ, and this towards the price and the terms, pacts and conditions as stipulated in the preliminary agreement dated 26th June, 2017, and uphold the other demands in the application amongst which that there be fixed, the date, place and time for the publication of the final deed of sale and transfer mentioned in the application and the appointment of deputy curators to represent the eventual defaulters on the deed of sale and transfer.

With costs, against the respondent companies who are summoned so that a reference to their evidence be made.

Applicant: ‘Begonia Stores’, Triq il-Pitkali, Ħ’Attard

Respondents: 1. Mixer Limited, ‘Emma House’, Mdina Road, Ħaż-Żebbuġ, Malta;

2. Asset Investments Limited, ‘Emma House’,  Mdina Road, Ħaż-Żebbuġ, Malta

The Sworn Application in the names Fulani Properties Limited (C 34553) vs Mixer Limited (C 9942) et,  Application number 762/18 MH, has been deferred for hearing to Monday, 5th November, 2018, at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 16th of October, 2018, in Judicial Sale number 10/2017 in re. ‘Saviour Grech vs Mary Josephine sive Marie Josette Portelli et’ and by a judgment delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 2nd of May, 2017, in the records of writ of summons number 50/2016, in the names of ‘Saviour Grech vs Mary Josephine sive Marie Josette Portelli et’, the day of Monday, 26th November, 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. Tenement number 16, Triq Agius De Soldanis, Victoria, Gozo, valued at one hundred and sixteen thousand and five hundred euro (€116,500) and this value should be taken as sixty percent (60%) of the value of property and this how decided in the said judgment.

This property belongs to the parties in the said writ of summons and will be sold as described in the report by AIC Emanuel Vella on the 10th of December, 2010, in the same records of said writ of summons. 

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 24th August, 2018, on the application of Autosales Ltd (C 491), Tuesday, 13th November, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction to be held on the First Floor, Triq ir-Repubblika, Valletta, of the following property:

Property named ‘Redentur’, in Sqaq il-Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered, valued at €240,000.

The said tenement is the property of Portelli Pauline (ID 42180M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 77/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 24th July, 2018, in the records of the Sworn Application in the names Bencini Rafel et vs Muscat Scerri Maria Dolores sive Doris, Application number 470/18 TA, the following publication was ordered for the purpose of service of the respondent Maria Dolores sive Doris Muscat Scerri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court (Applicant) in the names Rafel Bedncini (ID 324896M) Advocate Doctor Austin Bencini (ID 614854M) as special mandatary of his absent children Nicolo (ID 0545789M), Pier Luca (ID 0214592M) and siblings Bencini; 2) Mattia Marie Fenech (ID 27394M) and David Richard Fenech (ID 414263M) as special mandatary of the absent Michaela Fenech (ID 80195M); 3) Kynan Muscat Scerri (ID 470367M) and Anne Muscat Scerri (ID 2217A) as legitimate representatives of their minor children Mila (ID 0275606L), Linn (ID 0492601l) siblings Muscat Scerri and in her own name Maja Muscat Scerri (ID 0159500L); 4) Simon (ID 60066M) and Bernice (ID 157970M) spouses Micallef as legitimate representatives of their minor children Gabriel (ID 0492700L), Sam (0143408L) and siblings Micallef vs Maria Dolores sive Doris Muscat Scerri as heir of Peter Muscat Scerri, on the 15th May, 2018, the applicant Rafel Bencini et asked this Honourable Court,

1) saving the ascertainment if it be the case of the consistency of the estate of Peter Muscat Scerri, order that the applicants be put in possession according to the will published by Notary Doctor Tonio Spiteri, of the 15th October, 2015, of the assets in the mode and modalities of the legacies mentioned in the application,and this by means of publication of the opportune notarial act; 2) fix a place, day and time for the publication of this deed and deputy curators to appear for the eventual defaulters of the respondent and uphold the other demands in the application.

With costs of this procedure and saving any right or action at law.

The respondent is from now summoned so that a reference to her evidence be made. The respondent is also from now held responsible for any consequence and damages resulting, from lack or delay to put in possession or hold of the possession of the legacies.

The Sworn Application in the names Bencini Rafel et vs Muscat Scerri Maria Dolores sive Doris, Application numer 470/18 TA, has been deferred to the 22nd October, 2018, at 11.30 a.m.

Notify respondent: Majja Mechta, Triq is-Siegħ, Tal-Ibraġ

ADV. FRANK PORTELLI, LLD

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 26th September, 2018, following a request of Fulvio Schembri et, it was ordered that deputy curators be chosen to represent the unknown owners in the records of the Schedule in the names Fulvio Schembri et vs Deputy Curators in the records of the Schedule 1779/2018 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 Fulvio Schembri , driver (ID 506384M) son of Mario Schembri and Gabriella née Vella, born in Tal-Pietà and residing in Ħaż-Żabbar and his wife Flavia Schembri (ID 439789M) daughter of Alfred Falzon and Carmen née Sciberras, born in Tal-Pietà and both residing in Ħaż-Żabbar vs Deputy Curators to represent the ground rent of unknown owners, on the 24th September, 2018, the interpellants Fulvio Schembri and Flavia Schembri respectully pleaded,

That the interpellants are the emphyteutae of the house named Saint Mary, Triq ir-Redentur, Ħaż-Żabbar, subject to the annual and perpetual groundrent of (€16.30).

Thus, the interpellants are humbly calling upon this Honourable Court and under the authority of the same depositing the global sum of four hundred and nine euro (€409) from which sum eighty-two euro (€82) are arrears of ground rent and three hundred twenty-seven euro (€327) are price of redemption of ground rent to be freely given to the respondent in their capacity above premised and this after the due receipt according to law is left.

Interpellant: Fulvio Schembri and Flavia Schembri

Respondents: Deputy Curators

Notify: Director Public Registry (two copies)

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 th 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 Silvio Meli, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree dated the 21st June, 2018, the Rent Regulation Bord (Gozo), ordered the publication of the application reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organization and Civil Procedure.

Application number 1/2018 PC

Michael Zammit and Maria Zammit

vs

Karl Azzopardi

Sworn Application of Michael and Maria spouses Zammit

Respectfully sheweth, and Maria Zammit, confirms on oath that she knows of the following facts personally:

1. That in virtue of an agreement dated the first (1) of February of the year two thousand and eight (2008), claimants leased to respondent the property named ‘Vistamare’, namely Villa numbered 2, Triq Għajn Mhelel, Żebbuġ, Gozo, for the period of four (4) years, which agreement was continually renewed until today, under the same terms and conditions except for the rent payable, which as from January two thousand and seventeen (2017) onwards, increased following agreement by both parties, to the amount of eight hundred and fifty six euro (€856) monthly, including the amount of seven per cent (7%) Value Added Tax. A true copy of this agreement is being hereby annexed as Doc. MZ1;

2. That according to clause numbered three (3) in this agreement, the rent is payable three (3) months in advance. In case of default of one instalment alone, and should the lessors claim for payment in virtue of a judicial letter, the lessors have the right to terminate the agreement ipso facto should this default persist for a month following the notification of said judicial letter; 

3. That two judicial letters were sent to the respondent, one on the eleventh (11) of May of the year two thousand and seventeen (2017) bearing reference number 223/2017, and the other on the sixteenth (16) of November of the year two thousand and seventeen (2017) bearing reference number 510/2017, copies of which are being annexed as Doc. MZ 2 u MZ 3 respectively. Respondent was notified solely with the letter filed in May, given that the notification was resulting negative every time;

4. That in the judicial letter filed in May, which was eventually notified to the respondent, he was asked to pay the pending amounts and to relinquish the property until the end of October two thousand and seventeen (2017);

5. That following the receipt of the letter in May, the respondent paid off some of the pending amounts, however he never cleared his dues in full. The situation as at this point is that there is the rent for a whole year pending payment, and thus respondent is in default in respect of four (4) instalments. The last payment he had effected covered the period January, February and March two thousand and seventeen (2017);

6. That respondent is aware of this, and he has been made aware about this more than once, through email communication, legal letters, phone messages and even verbally, and although he never denied that he was in default, he always asked for more time;

7. That in the past few weeks, a meeting was scheduled between the parties, where the respondent promised claimants that he would settle all pending amounts, however every time that such meeting was to take place, respondent cancelled this meeting a few hours before on some pretext or other which were totally unrelated to the case at hand;

8. That, the respondent was also having problems with paying off the water and electricity bills, where because of this, claimants, as the owners, were receiving a number of messages from ARMS stating that their electricity service was being suspended even in other properties which they own, and this was all due to the respondent’s failure to pay the bills as he was supposed to do. The last updated bill shows a balance of eight hundred and nine euro and sixteen cents (€809.16), which bill is based on an actual reading and covers until the twenty third (23) of February two thousand and eighteen (2018), a copy of which is being hereby annexed as Doc. MZ4;

9. That the lease agreement which was signed by the parties in this suit , clearly states in clause number seventeen (17) that a penalty of one hundred and fifty euro (€150) was to be charged for every day of occupation without a valid title; 

10. That all these facts are being hereby confirmed by claimant Maria Zammit in her sworn declaration annexed as Doc. MZ5;

11. That claimants declare that respondent has no defence to give against their claims, and therefore this suit is being instituted on the basis of special summary proceedings according to Article 16A of Cap. 69 of the Laws of Malta. 

Therefore, in view of the above, respondent is to say why this Honourable Board, save for any other necessary declaration, should not:

1. Proceed to decide this lawsuit on the basis of special summary proceedings and this on the basis of Article 16A of Cap. 69 of the Laws of Malta;

2. Declare that respondent is in default of rent instalments and that he is occupying the property at ‘Vistamare’, namely ‘Villa number 2’, Triq Għajn Mhelel, Żebbuġ, Gozo, without a valid title at Law;

3. Order respondent’s eviction from this property within a short and peremptory period fixed by this Honourable Board, and to return the keys to the claimants, which property is presently being occupied by respondent without any valid title at Law;

4. Orders respondent to pay to claimants the total amount of eleven thousand, eighty-one euro and sixteen cents (€11,081.16), and this in respect of:

i)Ten thousand, two hundred and seventy-two euro (€10,272) in respect of the rent due for the period starting first (1st) April two thousand and seventeen (2017) until the thirty first (31st) March two thousand and eighteen (2018), which amount includes the Value Added Tax of seven percent (7%),

ii) Eight hundred and nine euro and sixteen cents (€809.16) in respect of the water and electricity bill which is still pending as stated earlier on;

5. Order, without prejudice to the above, the respondent to pay the claimants the penalty of one hundred and fifty euro (€150) daily, from the first day of the period in default until the day of effective eviction, as penalty in accordance with clause numbered seventeen (17) of the lease agreement signed by the parties.

With costs, including those of judicial letters numbered 223/2017 u 510/2017, and with legal interests until the date of effective payment, against the respondent, who is being called to oath as of now. 

The application is appointed for hearing for Thursday, 25th October, 2018. 

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By a decree of the Small Claims Tribunal of the 18th September, 2018, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 22nd June 2018, whereby they asked the Tribunal to condemn Zammit Wyatt (ID 338187M) of Flat 11, Blokk 14, Bieb 1, Trejqet il-Ward, Santa Luċija, to pay the plaintiff company the sum of €1323.63, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 281/18PM) is deferred on the 6th November, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 2nd October, 2018, 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).

Robert Gatt (ID 55182M) carrying on trade as electrician and plumber with the name BGR Electrical & Plumbing Installations of El Shaddai, Triq Filomena Bugeja, Siġġiewi SGW 1941, filed a Claim on the 11th July, 2018, whereby he asked the Tribunal to condemn LGM Services Ltd (C 71364) of 87, St Francis Street, Floriana FRN 1032, to pay the plaintiff the sum of €2,277, which amount is due to the plaintiff.

With costs

The case (Claim number 310/18CZ) is deferred on the 5th November, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 19th September, 2018, 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).

Muracel Limited (C 48673) of Plot 100, Luqa Industrial Estate, Ħal Luqa, filed a Claim on the 19th July, 2018, whereby they asked the Tribunal to condemn Pedro Luis Mesa Ramirez in his own name and for and on behalf of the company ITEA Malta Ltd (C 69562) of The Hamptons, Block A, Flat 16, Triq il-Qroll, Buġibba, to pay the plaintiff company the sum of €702.71, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 332/18PA) is deferred on the 23rd October, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 17th September, 2018, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 17th July, 2018, whereby they asked the Tribunal to condemn Gonzalez Aguilar Laura (ID 49038A) of 29, Hola, Trejqa Antonio Mallia, Pembroke, to pay the plaintiff company the sum of €618.61, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 326/18PM) is deferred on the 6th November, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 2nd October, 2018, 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).

M.R. Company Limited (C 57803) of Valley View Lodge, Hofriet ir-Ritz, l/o Rabat, filed a Claim on the 22nd May, 2018, whereby they asked the Court to condemn Dream Face Limited (C 43859) of 115, Farrell, Blue Grotto Avenue, Żurrieq, to pay the plaintiff company the sum of €7,951.58, which amount is due to the plaintiff company.

With costs and interests

The case (Notice number 123/18RM) is deferred to the 7th November, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 15th October, 2018, the publication of the following extract was ordered for the purpose of service on Oleg Anatolyevich Sklyarov in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Eric Horton (ID 0027817A) of 14, Casa Katrina, Triq id-Dejqa, Ħaż-Żebbuġ, filed a claim on the 7th August, 2018, whereby he asked the Court to condemn Oleg Anatolyevich Sklyarov (ID 0120107L) of 2, Capri Flats, Triq Moroni, Gżira, and his wife Maria Dolores Sklyarov, to pay the plaintiff the sum of €11,433.19, which amount is due to the plaintiff.

With costs and interests

The case (Notice number 187/18FDP) is deferred to the 15th November, 2018, at 9.00 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 16th August, 2018, on the application of Farrugia Michael (ID 394570M), Thursday, 25th October, 2018, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property named Lycidas in Triq Dun Mikiel Scerri, Ħ’Attard, including the airspace built on two plots known as ‘Tal-Irmiedi’. The property is free and unencumbered with all its rights and appurtenances valued at €855,000.

The said tenement is the property of Vassallo Frank (ID 620958M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 38/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By a decree given on the 3rd of October, 2018, 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(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by an application filed by Mirya Ltd, in the Civil Court First Hall, on the 8th January, 2018, the said company is asking for the withdrawal of €16,017.75 from the schedule of deposit numbered 485/2001 in the names of Mirya Limited (C 7977) vs Lapsi Holdings Limited (C 17868). The Court ordered the notification of the application to Lapsi Holdings Limited with a three day (3) period for the reply. 

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals 

By a decree given on 5th November, 2009, 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 4th November, 2009, numbered 1316/09 in the names of Dr Zammit Fiorentino Sharon et vs Direttur Uffiċċju Konġunt, by Dr Sharon Zammit Fiorentino and Dr Alison Camilleri Bowman, holder of identification number 336980M and 337080M respectively, respectfully submitted to this Honourable Court that:

The respondents are the owners of a maisonette numbered three (3), named ‘Sernoe’ in Triq il-Kappillan Valletta, Ħamrun HMR1220, and this by a virtue of a contract on the 22nd of November, 2003;

The said maisonette is subject to annual and perpetual ground rent and sub ground rent of six euro and fifty-nine cents (€6.59) the rest is free and unencumbered with all its rights and appurtenances, in which the amount of one euro and ninety three cent (€1.93) representing the original ground rent payable to the Ufficju Kongunt; the amount of two euro and thirty-three cents (€2.33) representing the increase of the ground rent payable to the heirs of Eric Mamo and the remaining amount of two Euro and thirty-three cents (€2.33) representing the increase of the ground rent payable to Pasquale Stivala;

The said maisonette is built on part of land marked as letter ‘X’ in red colour on the site plan and marked as per Doc. ‘A’;

That the applicants wish to avail themselves of the provisions of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta to redeem the said ground rent as per terms of the said article;

That the original ground rent of one euro and ninety-three cent (€1.93) capitalized at a rate of five percent (5%) as per terms cited in the articles of laws amounts to thirty-eight euro and sixty cent (€38.60);

The increase of the ground rent of two Euro and thirty-three cents (€2.33) capitalized at a rate of five percent (5%) as per terms cited in the articles of laws amounts to forty-six euro and sixty cent (€46.60).

Therefore, the applicant is asking this Honorable Court and under its Authority lodges: 

1. The sum of thirty-eight euro and sixty cent (€38.60c) representing price of redemption of the original annual ground-rent of one euro and ninety-three cent (€1.93) payable to Ufficcju Kongunt for the maisonette numbered three (3) ‘Sernoe’ in Triq il-Kappillan Valletta, Ħamrun HMR 1220; 

2. The sum of forty-six euro and sixty cent (€46.60) representing the increase of the ground rent of two euro and thirty-three cents (€2.33) payable to Edith Mamo; and

3. The remaining amount of forty-six euro and sixty cent (€46.60) representing the increase of the ground rent payable to Pasquale Stivala; which amount can be freely withdrawn by the respondents after leaving the due receipt according to Law.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals 

By a decree of the 11th October, 2018, given by the Courts of Magistrates, 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).

That by the application filed by Vodafone Malta Limited on the 6th July, 2018 is asking for the withdrawal of the amount of €368.46 by Vodafone Malta Limited (C 10865) deposited by the Schedule of Deposit number 1178/2018 in the names of:

Vodafone Malta Limited (C 10865) vs Jacqueline Pace (ID 197086M).

The Court ordered the notification of this application with two days for filing a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By means of a decree of the 17th of October, 2018, given on an application of Advocate Dr Sarah Pirotta Chircop Beck, filed on the 8th of October, 2018, in the records of decree number 1446/2018 wherein it was ordered the publication of the inventory of the estate of the late Eugenio sive Gino Cauchi (ID 249960M), husband of Anna Cauchi née Zammit, son of the late Emanuel Cauchi and Josephine Cauchi née Cutajar, born at Tal-Pietà and died at Tal-Qroqq, Msida, on the 16th of May, 2017, aged 57 years. 

This publication is going to be held on Wednesday the 21st of November, 2018, at ten (10.00 a.m.) at the Annexe Building, Valletta, under the ministry of Notary Dr Thea Cachia.

MARCEL BUGEJA

For the Registrar, Civil Court and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 23rd July, 2018, following a request of Anthony Vella et it was ordered that deputy curators be chosen to represent the unknown owner in the records of the Schedule in the names Anthony Vella et Deputy Curators, in the records of the Schedule number 1374/2018 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 Anthony Vella, retired, son of the late George Vella and Alexandra sive Sandra Gafa, born in Ħaż-Żabbar and residing in Santa Luċija (ID 0405151M) and his wife Irene Vella, housewife, daughter of the late Joseph Xuereb and Erminia née Callus, born in Msida and residing Santa Luċija (ID 0569858M) vs Deputy Curators to represent the unknown owner/owners, heir/heirs or either of them, on the 19th July, 2018, the interpellants Anthony and Irene Vella respectfully pleaded,

That they are the owners of:

a) maisonette with official number sixteen (16) in Triq San Ġużepp, Msida, with its respective airspace situated at first floor level, overlying the maisonette with official number eighteen (18) in Triq San Ġużepp, Msida,

b)maisonette with official number eighteen (18) in Triq San Ġużepp, Msida, situated at groundfloor lervel, with the yard on the back and the airspace of the same yard underlying the maisonette with official number sixteen (16) in Triq San Ġużepp, Msida,

c)maisonette with official number twenty (20) in Triq San Ġużepp, Msida, and the overlying washroom which maisonette is situated at first floor level, with the respective airspace of the said maisonette and washroom overlying the maisonette with official number twenty two (22) in Triq San Ġużepp, Msida, 

d)maisonette with official number twenty two (22) in Triq San Ġużepp, Msida, with the yard, on the back and the airspace of the same yard, situated at ground floor level,underlying the maisonette with the official number twenty (20) in Triq San Ġużepp, Msida,

 Which property together is subject to (€2.94) yearly and perpetual groundrent, otherwise free and unencumbered with all their rights and appurtenances, as results from a public contract, in the records of Notary Daniela Vella Borda, of the 10th January, 2018;

That the interrpellants wish to avail themselves of the faculty given to them in virtue of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this groundrent by depositing the sum of (€58.80), which sum represents the price of the said groun drent capitalised at 5% in order to be freely withdrawn after the due receipt according to law is left.

Interpellant; 30, Peprina,Triq De Hosa, Santa Luċija

Notify: 1) Director Public Registry, Evans Building, Triq il-Merkanti,  Valletta (two services)

2) Deputy Curators, Courts of Justice, 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 th 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 His Honour the Chief Justice Joseph Azzopardi, LLD.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 11th of October, 2018, and this after a written plea numbered 173/2018, ordered:

The correction of the Act of Birth of Maria Carmela Mallia, bearing number 10186 of the year 1945, under the columns entitled ‘Particulars respecting the child – Names given’ and ‘Name or names by which the child is to be called’, the words ‘Maria Carmela’ and ‘Marlene’ are to be cancelled respectively and substituted with the correct name ‘Marlene’.

The Court also orders that this change is to be reflected in all acts of civil status pertaining to the applicant.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts