Court Notices published in Govt. Gazette No. 20,135 of 12th February 2019
Notice 196
196ARB/C010/2019 – NEW FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 7th February, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 43/2019 in the case:
The Police
(Inspector Frank Anthony Tabone)
(Inspector Mark Anthony Mercieca)
Versus
TERRENCE CINI, self-employed, 33 years, son of the late Carmelo and Anna née Agius, born in Tal-Pietà, Malta on the 25th of August, 1985, residing at Casa Blondie, Triq il-Poeżija, Ħal Qormi and holder of Maltese identity card bearing number 422585M.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to TERRENCE CINI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
The Court AUTHORISED the said accused to continue to receive as salary the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year after the accused indicates with a note from where they are perceiving this money.
Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.
THE DIRECTOR, ASSET RECOVERY BUREAU
On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)
Notice 197
197ARB/C009/2019 – NEW FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 7th February, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Francesco Depasquale LLD). Compilation Number 84/2019 in the case:
The Police
(Inspector Mario Xiberras)
(Inspector Shaun Friggieri)
Versus
THIAGO VIEIRA RAMOS, unemployed, 36 years, son of Guilherme Goncalves Ramos and Perfeita Dias Vieira, born in Brazil on the 3rd of October, 1981, without a fixed address in Malta and holder of Portuguese passport bearing number CA023352.
AND
CARLOS VIEIRA RAMOS, unemployed, 32 years, son of Guilherme Goncalves Ramos and Perfeita Dias Vieira, born in Brazil on the 13th of January, 1987, without a fixed address in Malta and holder of Portuguese identity card bearing number 136580297ZW2.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to THIAGO VIEIRA RAMOS and CARLOS VIEIRA RAMOS and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Section 23A (2) of the Criminal Code, Chapter 9 of the Laws of Malta.
Any person who acts in contravention of the court order mentioned in Section 5 and Section 23A (2) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.
THE DIRECTOR, ASSET RECOVERY BUREAU
On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)
Notice 198
198By decree given by the Civil Court, First Hall on 29th January, 2019, on the application of HSBC Bank Malta plc (C 3177) and the request of spouses Saviour Cassar (ID 51850G) and Flavia Cassar (ID 38255G), Thursday, 14th March, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.
1. Tenement officially numbered forty-seven (47) in Triq Santa Marija, Xewkija, Gozo with a holding pen for farm animals valued at one hundred and eighty-six thousand euro (€186,000) free and unencumbered.
2. Penthouse internally marked number twelve (12) situated at fifth floor (5) cioè fourth floor level, forming part of a block of apartments unnumbered named ‘Salinas Park’ in Triq il-Fugass, Qawra, limits of St Paul’s Bay without its airspace overlying third party property and includes its relative share of the common parts of the same block and excluding the roof but with the right of access to install and maintain water tank, common satellite dish and its diameter does not exceed one (1) metre or common television aerial with all its rights and appurtenances valued at two hundred and fifty thousand euro (€250,000) free and unencumbered.
3. Garage internally marked number nine (9) at the level minus 2 (-2) forming part of a block of twenty-three garages underlying block of flats ‘Salinas Park’ in Triq il-Fugass, Qawra, limits of St Paul’s Bay with common access in Triq il-Fugass, Qawra, limits of St Paul’s Bay includes an undivided share with the other co-owners of the drive valued at eighteen thousand euro (€18,000) free and unencumbered.
The said tenement is the property of Spiteri Carmel (ID 46150G).
N.B. The said tenement will be sold as described in the file number 36/13.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 199
199By decree given by the Civil Court, First Hall on the 14th November, 2018, on the application of Farrugia Michael (ID 394570M), Thursday, 28th February, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction to be held in room number 78 near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.
Property named Lycidas in Triq Dun Mikiel Scerri, Ħ’Attard, in finished state, including its airspace, built on two plots known as ‘tal-Irmiedi’. The property is free and unencumbered with all its rights and appurtenances and with temporary utile dominium, valued at eight hundred and fifty-five thousand euro (€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.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 200
200It is hereby notified that by a decree dated the 22nd of January, 2019, the Court of Magistrates (Gozo) in its Inferior Jurisdiction ordered the publication of the extract reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organization and Civil Procedure, and this with regard to defendants Szilvia Sardi and Jozsef Janos Nagy mentioned hereunder.
On the 22nd of November, 2018, Emanuel Cauchi (ID 26436G) and Rosina Cauchi (ID 46351G) of 36, Triq Dun Xand Aquilina, Ta’ Sannat, Gozo filed a Notice in the Court of Magistrates (Gozo) Inferior Jurisdiction (Notice number 14/2018 JVC) against Szilvia Sardi (ID 78702A) of Flat 1, Fungus Rock, Triq it-Torri, San Lawrenz, Gozo and Jozsef Janos Nagy (ID 78703A) of Flat 1, Joe’s Court, Triq Dun Ġużepp Vella, Qala, Gozo whereby they asked the Court to:
Condemn the defendants to pay the sum of four thousand six hundred and fifty-four euro and forty-six cents (€4654,46) whereby the sum of three thousand eight hundred and twenty-five euro (€3825) representing the arrears of rent and the remaining balance of eight hundred twenty-nine euro and forty-six cents (€829.46) representing the payment of outstanding bills for the consumption of water and electricity of premises number forty-five (45), Pjazza San Franġisk, Victoria, Gozo (a copy of the bill is annexed and marked as Doc. A) in terms of the agreement of the 5th of June, two thousand and seventeen (2017), annexed and marked Doc. B, together with all the damages sustained by the applicants in the said premises, caused by the defendants before they vacated the premises at the end of October of the year two thousand and eighteen (2018), as shown in the photos annexed and marked from Doc. C1 to C7, as liquidated by this Honourable Court, apart from legal interest up to the day the payment is effected.
With costs, including costs of the official letter against the defendants (copy annexed and marked as Doc. D1, D2, E1 and E2) with the subpoena against the defendants as of now.
The lawsuit is set for hearing for the 7th of March, 2019, at 9.00 a.m.
MAUREEN XUEREB
For the Registrar, Gozo Courts and Tribunals
Notice 201
201By a decree of the Small Claims Tribunal of the 21st August, 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 20th August, 2018, whereby they asked the Tribunal to condemn Miguel sive Michael DeGiorgio (ID 18859M) of 110A, The Albany, Flat 1, Triq il-Kbira, St Julian’s, to pay the plaintiff company the sum of €940.58 which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 381/18KCX) is deferred on the 20th February, 2019, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 202
202By means of a decree given by the First Hall Civil Court, on the 7th December, 2018, in the records of the Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Mansour Samah et, Application number 826/18 TA, the following publication was ordered for the purpose of service of the respondents Samah Mansour (ID 148406L) and Alaeddin Halbie (ID 35069A) 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 HSBC Bank Malta plc (C 3177) vs Samah Mansour (ID 148406L) and Alaeddin Halbie (ID 35069A) on the 7th August, 2018, the applicant HSBC Bank plc in terms of Article 258(c) of Cap. 12 of the Laws of Malta, as duly represented respectfully pleaded:
That by means of a contract of constitution of debt, in the records of Notary Annalise Micallef, of the 12th July, 2012, the respondent company was confirmed a debtor of the applicant bank, in the amount of €76,487.55, saving legal interests till the date of effective payment;
That despite that there passed various years from the date of the said contract and despite a small number of payments, there is a substantial balance which is due to the applicant bank;
That more than five years passed from the date of the same contract and the applicant company is by means of the present asking for authorisation that this Honourable Court in terms of Article 258(c) of Cap. 12 of the Laws of Malta to execute this same title against the respondent for the balance still due.
The Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Mansour Samah et, Application Number 826/18 TA, has been deferred for hearing to the 26th February, 2019, at 9.30 a.m.
Applicant:
32, Triq il-Merkanti, Valletta
Respondents:
Samah Mansour, 138, Whoppie, Triq San Albert, Gżira
Alaeddin Halbie,138, Whoppie, Triq San Albert, Gżira
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 203
203By means of a decree given by the Civil Court First Hall, on the 5th November, 2018, in the records of the Sworn Application in the names APS Bank Limted (C 2192) vs Ambassador Clothing Limited (C 22440) et, Application number 997/18 MCH, the following publication was ordered for the purpose of service of the respondents, Ambassador Clothing Limited, Ivan Caruana and George Caruana, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application filed in the Civil Court First Hall in the names APS Bank Limited (Reg. Number C 2192) vs 1. Ambassador Clothing Limited (Reg. Number C 22440) as principal debtor; 2. Alessia Caruana (ID 460793M) and Micro Caruana (ID 503695M) as heir of the deceased Tonio Caruana (ID 726956M); 4. Desiree Caruana (ID 24468M) and who by decree of the 11th Decembrer, 2018, became Darmanin; 5. Ivan Caruana (ID 244563M); 6. Marion Caruana (ID 472362M); 7. George Caruana (ID 54458M), all sureties in solidum with Ambassador Clothing Limited (Reg. Number C 22440) on the 12th October, 2018, the applicant company asked this Honourable Court:
1. To proceed to give judgement according to the demand of the plaintiff without proceeding to a hearing in trerms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;
2. Declare the defendants as debtors of the applicant company in the amount of eighteen thousand nine hundred ninety-one euro and eight cents (€18,991.08) which amount is certain, liquid and due and this without prejudice to the interest due;
3. Consequently decide and order and condemn the defendants to pay the applicant company the amount so liquidated of eighteen thousand nine hundred ninety-one euro and eight cents (€128,991.08) due to the applicant company in terms of Loan Account Number 2000099415-8 and Loan Interest Disposal Account 20001132501-1.
With costs and legal interest from the 1st January, 2018, till the date of effective payment against the defendants summoned so that a reference to their evidence be made.
The Sworn Application in the names APS Bank Limited (C 2192) vs Ambassador Clothing Limited (C 22440) et, Application number 997/18 MCH, has been deferred for hearing to the 26th February, 2019, at 9.00 a.m.
1. Ambassador Clothing Ltd, 10, The Strand, Tas-Sliema
2. Ivan Caruana, Rosebud, Triq il-Ballut, Ħ’Attard
3. George Caruana, Nadine, Triq il-Kannizzata, Ħal Balzan
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
204By a decree of the Small Claims Tribunal, of 5th February, 2019, the publication of the following bann which appears hereunder was ordered for the purpose of service in terms of Article 931(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Republic of Malta
To the Court Marshall
By a decree given by this Tribunal on an application of the company Tas-Sellum Administration Company Limited (C 36436) was ordered that Deputy Curators be chosen to represent the defendant Andrè Verhofstadt, holding Belgian passport number E1754869, in the Notice Number 492/2018PM filed in the Small Claims Tribunal and in all other relative and subsequent acts where it demanded:
That the plaintiff company is seeking the payment of the aggregate amount of €2587.26 being as to the sum of €2,423.04, which represents the price of common costs for the years 2016 and 2018 which are due by the defendant in regard to the apartment belonging to the said defendant numbered 221, Tas-Sellum Residence, Mellieħa, and this as results from the attached statement Document A; as for the sum of €88, which represents the contribution due by the defendant in respect of the sinking fund in connection with the same apartment number 221, Tas-Sellum Residence, Mellieħa for the year 2018, and this as results from the attached statement Document B; and as for the sum of €76.22 which represents the price of the common costs for the years 2016 and 2018 which are due by the defendant in regard to the Garage Parking Space belonging to the defendant numbered 105 which is to be found in the Garage Complex at Tas-Sellum Residence, Mellieħa, and this as results from the attached statement Document C.
The plaintiff company is also seeking the payment of interest at 8% per annum from the date of each invoice indicated on the attached statements marked as documents marked A, B and C until actual payment, as well as the costs of this lawsuit against the defendant who is hereby summoned for reference to his oath.
This application (Notice Number 492/18PM) is postponed to the 18th February, 2019, at 12.30 p.m.
Plaintiff company: Tas-Sellum Administration Company Limited, Level 3, Portomaso Business Tower, Portomaso Complex, Portomaso, St Julian’s
You are therefore ordered to affix an official copy of this bann in the entrance of the Court and to summon whosoever wishes to act as curator to appear before this Registry within four days, and this by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform everyone that if he fails to make this declaration within the stipulated time, this Tribunal 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 bann, you are to inform forthwith this Tribunal.
Given by the aforementioned Tribunal for Small Claims with the witness of Dr Philip Mario Magri LLD, Doctor of Laws, Adjudicator of the abovementioned Tribunal.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 205
205By a decree of the Small Claims Tribunal of the 31st August, 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 27th August, 2018, whereby they asked the Tribunal to condemn Okonkwo Digger Ifeanyi (ID 10799M) of 18, Triq San Ġwakkin, Marsaskala, to pay the plaintiff company the sum of €1158.08 which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 412/18CZ) is deferred on the 18th February, 2019, at 12.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 206
206By means of a decree of the 15th October, 2018, handed down by the First Hall of the Civil Court in the records of the judicial letter number 501/2017 in the names Automated Revenue Management Services Limited vs Joseph Grima, the following publication was ordered for the purpose of effecting service on the respondent Joseph Grima in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Joseph Grima (ID 211171M) of Il Sogno, Triq Tumas Dingli, Ħaż-Żebbuġ
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation 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 €20,571.24 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meters administrative costs, connection and disconnection fees, together with interest due on the amount, which amount consists of the following:
i. As for bill number 101000026136 in the amount of €3,250.51 regarding the premises Niġma Stable, Sqaq il-Ġerrejja, Marsa;
ii. As for bill number 101000072116 in the amount of €12,123.16 regarding the premises 5, Arcana, Triq il-Prof. A.J. Arberry, Naxxar; and
iii. As for bill number number 101000009419 in the amount of €5,197.57 regarding the premises Car Showroom, Triq il-Ħarifa, Mosta.
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
Notice 207
207By a decree of the Small Claims Tribunal of the 31st August, 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 27th August, 2018, whereby they asked the Tribunal to condemn Gafà Joseph (ID 323077M) of Tikki F/H, Triq San Tumas, Ħal Tarxien, to pay the plaintiff company the sum of €557.25 which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 407/18CZ) is deferred on the 18th February, 2019, at 12.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 208
208By means of a decree of the 10th December, 2018, of the Rent Regulation Board, in the records of the Application in the names Kingsway Palace Company Limited vs Pearl’s Gowns Limited, Application Number 185/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent company Pearl’s Gowns Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a sworn application number 185/2018FDP in the names Kingsway Palace Company Limited (C 437) vs Pearl’s Gowns Limited (C 578), filed before the Rent Regulation Board on the 6th November, 2018, Francesco Apap Bologna (ID 12464M) for and on behalf of the company Kingsway Palace Company Limited requested with respect and confirmed on oath that:
That by means of lease agreements dated 29th May, 1952 (attached and marked Doc. KWP2), 26th November, 1955 (attached and marked as Doc. KWP3) and 6th April, 1957 (attached and marked as Doc. KWP), the applicant company granted by title of lease to Anthony Vella and Alfred Caruana of the brand Pearl’s Gowns, the following premises:
i. As for the contract dated 29th May, 1952, the rooms number 13, 14, 15, 16 and K and this at the annual rent of Lm400, together with Lm25 per annum for maintenance costs of the lift;
ii. As for the contract dated 26th November, 1955, the shop number 4 at the annual rent of Lm250; and
iii. As for the contract dated 6th April, 1957, the room number 20 at the annual rent in the amount of Lm65;
These premises/rooms above mentioned are all found in Kingsway Palace, Triq ir-Repubblika, Valletta;
Amongst the conditions of the lease of the premises/rooms above mentioned, the sub-lease of the property subject matter of the relative contracts is expressly prohibited and/or subject to obtaining in advance the written consent of the owner and namely of the applicant company, according to each case;
That on the 15th February, 2007, members of the Vella family transferred all the shares which they had in Pearl’s Gowns Limited, previously Pearl’s Gowns, to V.F. Group Ltd, as shown in document Form T attached and marked as Doc. KWP5. The transfer of the shares was made without the knowledge of the applicant company, and this because it was never communicated to the applicant company. Accordingly, the applicant company never gave its permission in advance, where this was required. The applicant company learnt of the transfer of the shares years later and in fact stopped accepting the rent;
That this transfer of all the shares constitutes a sub-lease of the leases in terms of article 1614 of Cap. 16 of the Laws of Malta and is also in breach of the terms of the agreements subject of this case;
Although the respondent company was informed about the breach of the conditions of the relative agreements and was solicited to vacate the premises, by means of two judicial letters dated 26th March, 2018, and 17th April, 2018, respectively attached and marked as Doc. KWP 6 and Doc. KWP 7, the respondent company remained in default, and that it is still occupying the said premises without any valid title at law;
Accordingly, this law suit had to be made so that the applicant company takes back the possession of the leased premises.
Thus, the applicant company requests this Honourable Board with respect for the reasons above mentioned:
1. To declare that the respondent company breached the lease agreements dated 29th May, 1952, 26th November,1955, and 6th April, 1957, and thus it has no right to occupy the rooms marked with numbers 13, 14, 15, 16 and K, and also the room marked number 4 and the room marked number 20 which are found in Kingsway Palace, Triq ir-Repubblika, Valletta.
2. To order the respondent company so that within a short and peremtory period, it vacates and evicts the rooms numbered 13, 14, 15, 16 and K, the room number 4 and the room number 20 which are found in Kingsway Palace, Triq ir-Repubblika, Valletta because it did not abide with the conditions of the lease, and this under the direction of nominated architects, if the case may be.
With costs including of the judicial letter dated 17th February, 2017, and the 15th October, 2018, against the respondent company that is from now summoned so that a reference to its oath be made, and reserving the right to claim damages caused to the applicant company because of the illegal occupation of the premises above mentioned by the respondent comapany.
Applicant company: Kingsway Palace Co Ltd, Kingsway Palace, Triq ir-Repubblika, Valletta
Respondent company: 17, Triq is-Suq, Floriana
The sworn application in the names Kingsway Palace Company Limited vs Pearl’s Gowns Limited, Application Number 185/2018FDP, has been postponed to be heard on 11th March, 2019, at 9.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 209
209By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 23rd November, 2018, Application number 1864/2018 by Neville-Joseph Mallia, John Mallia, Carol Sammut and Carmelo sive Charles Mallia, whereby Carmen Mallia, wife of Carmelo sive Charles Mallia, daughter of the late John Borg and Rosaria Borg née Valenzia, born in Cospicua on the 23rd March, 1937, and residing at Casa San Paola, aged 81 and holding identity card number 0237337M, was interdicted by means of a decree given on the 28th December, 2018.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 210
210By a decree of the Small Claims Tribunal of the 10th 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 31st August, 2018, whereby they asked the Tribunal to condemn Lanzon Emanuel (ID 3565M) of 52, Victor, Flat 9, Triq it-Turisti, St Paul’s Bay, to pay the plaintiff company the sum of €594.52 which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 427/18CZ) is deferred on the 18th February, 2019, at 12.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 211
211By means of a decree given on the 9th January, 2019, in the records of the judicial letter number 1453/18, in the names Mapfre Middlesea plc vs Abdunaser Amer M El Gaidi, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondent Abdunaser Amer M El Gaidi, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.
In the Courts of Magistrates (Malta)
To Abdunaser Amer M El Gaidi (ID 0075430A) of Opal Flats, Flat 2, Triq San Pawl, St Paul’s Bay
By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana, makes reference to the accident that occurred on the 29th November, 2014, in Triq il-Kostituzzjoni, Mosta in which the vehicle with registration number GBN 865 was involved, and to the mandatary arbitration number M51119/2017 in the names Citadel Insurace plc et vs Joseph Vella in which the interpellant insurance company as the insurer of the vehicle with registration number GBN 865 of the interpellant was called in as third party.
The interpellant company formally informs you that you did not abide with the conditions of the insurance policy issued on the vehicle in question when you failed to inform the interpellant company about the transfer that occured between you and the said Joseph Vella, the person who was driving the car at the time of the accident, and for this reason, the interpellant is not giving any insurance cover.
The interpellant informs you as from now such that if it is obliged to pay any damages, interests, judicial costs and VAT caused to third parties as a consequence of this accident, because of the provisions of Cap. 104 of the Laws of Malta, it is going to request the full refund from you of any disbursment it will have to make on the basis of its rights of refund against you.
Thus, so you may know how to regulate yourself.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 212
212By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th January, 2019, Application number 93/2019 by Filippa sive Lina Howard et whereby they prayed that it be declared open in favour of Filippa sive Lina Howard, wife of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Raymond Howard son of the decujus the succession of Andrew John Howard, husband of Filippa sive Lina Howard, son of the late Raymond John Howard and Maria Theresa née Fenech, born in Amersham, England and resided in Mosta, and died in Tal-Qroqq, Msida, Malta, on the 30th September, 2018, aged 51, and holding identity card number 0343379M.
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
Notice 213
213By a note presented in the First Hall Civil Court, on the 5th February, 2019, Doctor Roland John Wadge, Notary Public, brought forward the following document to be published in terms of Article 9 of Cap. 13 of the Laws of Malta.
By means of a contract, published by the same Doctor Roland John Wadge, Notary Public, on the 30th January, 2019, Doctor Georg Sapiano, Advocate, son of the late Alfred Sapiano and Rose Marie sive Rose née Flynn, born in Ħ’ Attard and residing in Madliena, Swieqi (ID 71568M) and his wife Audrey Sapiano, Director of a company, daughter of John Baptist Ellul and Angela née Fenech, born in Ħ’Attard and residing in Madliena, Swieqi (ID 182272M) emancipated their son Francis Sapiano, minor and student, born in Tas-Sliema and residing in Madliena, Swieqi (ID 184302L) in order that he may carry out all acts of trade and all the acts of civil life for all intents and purposes of law.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 214
214By a decree of the 29th January, 2019, 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 M.G.M. Properties Limited (C 83557) on the 31st May, 2018, is asking for the withdrawal of the amount of €25,000.00 by M.G.M. Properties Limited (C 83557) deposited by the Schedule of Deposit number 1559/2017 after a garnishee order number 1541/2017 in the names: Jeremy James Camilleri vs Carmelo sive Charles Bianco and Western Company Limited and after a garnishee order number 55/2003 in the names: Paul Chetcuti and Silvio Brincat vs Carmelo sive Charles Bianco and Western Company Limited.
The Court ordered the notification of this application with four (4) days for filing a reply.
MARVIC FARRUGIA
For the Registrar, Courts and Civil Tribunals
Notice 215
215By means of a decree of the 30th November, 2018, in the records of the judicial letter number 3532/18, in the names Ihsan Ullah vs ProperT Group Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondents Rodrick Fenech, Mark Anthony Ebejer and Frans Ebejer in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To PropertT Group Limited
Rodrick Fenech (ID 657881M) of Dar ir-Redentur, Plot 14, Triq Salvu Gatt, Ta’ Żwejt, San Ġwann
Mark Anthony Ebejer (ID 35487M) of 36, Triq San Karlu, Tas-Sliema
Frans Ebejer of 36, Triq San Karlu, Tas-Sliema
By means of this present Ihsan Ullah, currently undergoing care at Mater Dei Hospital (Orthopedic 3, Green Block, second floor) holding Pakistani Passport number GQ2747422, solicits you so that within two days you come forward for the liquidation and payment of damages suffered by him as a direct consequence of the accident that occurred on the 10th November, 2017, at a construction site which is found in Triq Jules Verne, Naxxar and this while working at his workplace and during the time when he was employed with you or any one of you. This request is being made because the accident and the consequent damages which occured solely because of default on your part or any one of you and to honour your obligations that inter alia you have to provide a safe system of work for the interpellant and as a result of your carelessness, lack of skill, and lack of observing the regulations regarding the health and safety of the works on the workplace and for other defaults attributable to you.
In default that you abide with the contents of this letter within the time above mentioned, the interpellant will proceed further against you without further notice.
So much so for your own guidance.
This judicial letter is being filed for all the purposes and effects of the Code of Organisation and Civil Procedure Cap. 12 of the Laws of Malta and of the Civil Code Cap. 16 of the Laws of Malta.
With costs of this present and reserving the interest till the date of effective payment
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 216
216By means of a decree given by the Civil Court First Hall, on the 30th January, 2019, in the records of the Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Ciantar Stephen et, Application number 588/18 TA, the following publication was ordered for the purpose of service of the respondents Stephen Ciantar and Ilze Ciantar, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, presented in the First Hall Civil Court in the names HSBC Bank Malta plc (C 3177) vs Stephen C iantar (ID 179980M) and Ilze Ciantar (ID 26533A) on the 6th June, 2018, the applicant HSBC Bank Malta plc (C 3177) for the reasons premised in the application asked this Honourable Court:
1. To declare that the respondents owe the applicant bank the sum of sixty-five thousand and forty-eight euro and sixteen cents (€65,048.16) as for capital and interests calculated till the 15th May, 2018, besides legal interest from the 16th May, 2018, till the date of effective payment, and condemn the respondents to pay the applicant bank the sum above mentioned together with interests as demanded in the application.
With all costs, as demanded in the application and legal intersest till the date of payment of all the sum against the respondents from now so that a reference to their evidence be made.
The Sworn Application in the names HSBC Bank Malta plc vs Ciantar Stephen et, Application Number 588/18 TA, has been deferred for hearing to the 5th March, 2019, at 9.30 a.m.
Applicant:
32, Triq il-Merkanti, Valletta
Notify:
1. Stephen Ciantar, 43, Catalonia, Flat 1, Triq Brolli, Birżebbuġa
2. Ilze Ciantar: 10, Triq il-Ħnejja, Tas-Sliema
or
Off Centre Point, Fl 1A, Triq San Pawl, St Paul’s Bay
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunal
Notice 217
217By a decree of the Courts of Magistrates (Malta), of 21st December, 2018, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur 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) on an application of Best Deal Developments Limited, it was ordered that Deputy Curators be selected to represent the heirs of the late Antonio Camilleri in the schedule of deposit number 2758/2018 and in other relative and subsequent acts where they requested:
That the company FF Limited (C 44896) and John Bonavia (ID 279464M) are both the owners of a divided portion of land (the Property) in Mellieħa, which land forms part of the territory known as Tal-Ħawlija sive Ta’ Masrija sive Tas-Saliba, of the superficial measurement of 1280m², with three frontages, one that abuts on Triq ta’ Masrija, another frontage abuts on a new road without a name and the other frontage onto an open space that is intended for public use as imposed by the Planning Authority, that is confined from the North with the said Triq ta’ Masrija, from the South in part with the said new road without a name and partially with the said open space and from the West with property of Colinrose Limited or their successors in title or other different and correct boundaries, which Property is subject to the annual and temporary sub-groundrent of €0.52 for 150 years from the date of the publication of the contract and this according to the contract in the records of Notary Calcedonio Gatt of the 6th June, 1933;
By means of this present, the applicant company is depositing the total amount of €33.80 representing the annual and temporary sub-groundrent due to the heirs of the late Antonio Camilleri (according the the mentioned contract made in the records of Notary Calcedonio Gatt on the 6th June, 1933, which amount covers the remaining period of 65 years and that is from the year 2018 till 2083, and/or any other person that may have the right to the payment of the same sub-groundrent, which sub-groundrent is due from the company FF Limited (C 44896) and John Bonavia (ID 279464), as the emphyteutuae, or their successors in title;
Together with this schedule of deposit, an application for the nomination of deputy curators was filed to represent the heirs of the late Antonio Camilleri whose identity and particulars presently are unknown.
Thus, in view of all the above, for all the effects and purposes of law, the applicants are requesting this Honourable Court and under its authority they are depositing the sum of €33.80 representing the annual and temporary sub-groundrent for the remaining period of 65 years, that is from the year 2018 till 2038, and this so that the sum will be freely given to the heirs of Antonio Camilleri and/or any other person that may have the right for payment of the same sub-groundrent after leaving the relative receipt.
This subject to any direction that this Honourable Court may impose in the circumstances.
Applicant: Best Deal Development Limited, Best Deal Properties, 63, J.L. Building, Triq Ħal Luqa, Paola PLA 9045, 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 file a note with a declaration that he is prepared to act as such.
You are also ordered to inform everyone 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 Simone Grech LLD, Doctor of Laws, Magistrate of the abovementioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Courts and Tribunals
Notice 218
218By means of a decree of the 14th January, 2019, in the records of the judicial letter number 3353/18, in the names Zammit Finance plc vs Sandro Agius, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent Sandro Agius in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Sandro Agius (ID 485775M) of 53, Flat 5, Triq il-Kappuċċini, Floriana
By means of this present Zammit Finance plc (C 70870) of Raymond Autodealer, Triq l-Imdina, Ħaż-Żebbuġ, whilst making reference to the constitution of debt (document here attached and marked as Doc. A) in the acts of Notary Mario Bugeja of the 9th May, 2018, is rendering the same executable in terms of Article 253 and 256 of Cap. 12 of the Laws of Malta and solicits you so that within two (2) days you pay the interpellant company the sum of €9,214.34 together with interest due of 8% from the date of the public act dated 9th May, 2018, which amount is sure, liquid and due.
With costs and interest
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 219
219By means of a decree given by the Civil Court First Hall, on the 30th January, 2019, in the records of the Sworn Application in the names Multi Packaging Limited vs Stainless Steel Products Limited, Application Number 1166/18 AF, the following publication was ordered for the purpose of service of the respondent company Stainless Steel Products Limited, 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 Multi Packaging Limited vs Stainless Steel Products Limited, on the 22nd November, 2018, the applicant company asked this Honourable Court:
1. To hear and decide this cause without proceeding to a hearing in terms of Articles 167 et sequitur of the Code of Organisation and Civil Procedure;
2. Condemn the defendant to pay the plaintiff the sum of one hundred forty-two thousand, six hundred ninety-three euro and forty-nine cents (€142,693.49).
With costs and commercial interest as demanded in the application against the defendant summoned so that a reference to the evidence of its judicial representatives be made.
The Sworn Application in the names Multi Packaging Limited vs Stainless Steel Products Limited, Application Number 1166/18 AF, has been deferred for hearing to the 28th February, 2019, at 9.30 a.m.
Applicant: 103, Triq l-Arċisqof, Valletta
Respondent: BLB038, Bulebel Industrial Estate, Żejtun
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 220
220It is hereby notified that by virtue of a decree dated the 5th of February, 2019, delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, the Court ordered the following publication:
By virtue of an application filed on the 14th September, 2018, in the abovementioned Court by Saviour sive Alvin Scicluna and others, Application number 84/2018 (Application in terms of Article 495A of the Civil Code), the Court was asked to give its authorisation for the sale of the share pertaining to Anthony Scicluna of a portion of land measuring approximately five hundred and thirty-four square metres (534 sq.m.) bound South with property belonging to Saviour Scicluna, West with a passage and East with property belonging to Josephine Muscat, originally deriving from the inheritance of Joseph Scicluna who died on the twenty-ninth (29th) of January of the year one thousand nine hundred and ninety-two (1992) and the remaining part by virtue of a contract of donation in the acts of Notary Dr Kristen Dimech of the twenty-second (22nd) of August of the year two thousand and eight (2008), be sold in terms of the promise of sale agreement exhibited in the records of said application.
MAUREEN XUEREB
For the Registrar, Gozo Courts and Tribunals
Notice 221
221By a note, filed, in the First Hall Civil Court, on the 6th February, 2019, Dr Mario Xerri, Advocate, brought forward the following document to be published in terms of Article 12(2) of Cap. 13 of the Laws of Malta.
By means of a contract, published, by Notary Dr Sylvianne Xerri Zahra, Notary Public, on the 5th February, 2019, Dominic Carbonaro holder of identity card number 134266M and Angela Carbonaro, wife of the said Dominic Carbonaro holder of identity card number 017068G, registered the above said contract in terms of Article 12(2) of the Commercial Code, Cap. 13 of the Laws of Malta whereby by means of which they had revoked the emancipation in virtue of which they granted to their minor son Joseph Carbonaro, bachelor, student, son of the same Dominic Carbonaro and Angela née Grima, born in Tal-Pietà, Malta, on the 14th January 2002 and residing in Ta’ Sannat, Gozo, holding identity card number 0028002L the authority to carry on trade.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals