Court Notices published in Govt. Gazette No. 20,138 of 19th February 2019

By means of a decree given by the First Hall Civil Court, on the 26th January, 2017, in the records of the Sworn Application in the names Fenech Adriano et vs All In One Group (C 74480), Sworn Application number 1181/16 RGM, the following publication was ordered for the purpose of service of the respondent company All In One Group (C 74480) and by decree of Court of the 8th January, 2018, a change was authorised in the name the respondent company in the sense that the name of the company is to read All In One Turnkey Services Ltd. The said company All in One Group (C 74480), now All In One Turnkey Services Ltd, is to be made in terms of Article 187(3) et sequitur of Cap.12.

By means of a Sworn Application, in the names Adriano and Fleur spouses Fenech (ID 237769M and 3839M respectively) versus All in One Group (C 74480) and by decree of Court of the 8th January, 2018, the name of the company became All In One Turnkey Services Ltd, on the 30th December, 2016, the applicant Adriano Fenech et asked this Honourable Court saving any necessary declaration:

1. To declare that the respondent company failed to carry out its obligations towards the plaintiffs and declare that the respondent company is to refund back the deposit paid to it in its entirety, liquidate the damages and the penalty due and condemn the respondent company to pay them back the sum so liquidated.

With costs as demanded against the respondent company summoned so that a reference to its evidence be made

The Sworn Application in the names Fenech Adriano et vs All In One Group (C 74480), Sworn Application number 1181/16 RGM, has been deferred for hearing to the 28th February, 2019, at 9.30 a.m.

Notify Respondent Company: All in One Turnkey Services Ltd, M41, Lourdes Lane, Triq Gian Nicola, San Ġwann, Malta

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 6th November, 2018, in the records of the Sworn Application in the names Vella Bernardina vs Vella Martin, Application Number 963/18 LSO, the following publication was ordered for the purpose of service of the respondent Martin Vella, 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 Bernardina Vella (ID 1434723M) vs Martin Vella (ID 109666M) on the 28th September, 2018, the applicant Bdernardina Vella (ID 1443472M) asked this Honourable Court:

1. To dispose and proceed to give judgement in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. To declare and decide that the defendant does not have any valid title at law on the premises with official number sixteen (16) Triq id-Dejqa, Bormla, Malta and uphold the other demands in the application amongst which that he vacates the premises.

Saving any action due to the applicant against the defendant summoned so that a reference to his evidence be made.

With costs against the defendant

The Sworn Application in the names Vella Bernardina vs Vella Martin, Application number 963/18 LSO, has been deferred for hearing to the 5th March, 2019, at 9.30 a.m.

Notify respondent: 16, Triq id-Dejqa, Bormla

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Carmel Dimech (I.D. 590856M) filed an application under oath (No. 2/2019JPG) demanding Corrections the Act of Birth of Donna Dimech, number 1433/1982 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,

LORRAINE DALLI

For Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 7th December, 2018, following a request of Daniel Theuma et, it was ordered that deputy curators be chosen to represent the unknown owners, in the records of the Schedule of Deposit, in the names Daniel Theuma et vs Deputy Curators, Schedule number 2236/2018, and in the other relative and subsequent acts.

By means of a Schedule of Deposit and contextual redemption of grounrent, filed, in the First Hall Civil Court, in the names Daniel Theuma, bachelor, son of Ray and Bernardette née Chetcuti, born Tal-Pietà  and residing Ħal Balzan (ID 450888M) and Rachel Attard, unmarried, daughter of Peter and Simone née Magro, born in Tal-Pietà  and residing San Ġwann (ID 106592M) vs Deputy Curators to represent the unknown owners, on the 5th December, 2018, the interpellants Daniel Theuma and Rachel Attard, respectfully pleaded:

That they are the owners of the house with official number two hundred and four (204) in Triq il-Kbira (Main Street) Ħal Balzan, with its airspace and basement and a common well with premises 203, as subject to the annual and perpetual groundrent of (€1.17) which premises the interpellants acquired by means of a contract of the 15th February, 2018 (copy annexed Doc. AB).

That the said grounrent is payable to unknown owners.

That the interpellants wish to avail themselves of the faculty given to them by Article 1501 of the Civiulcoide Cap. 16 and thus in virtue of this Schedule deposit the sum of (€5.85) as arrears of five years groundrent together with the sum of (€23.40) which represents the value of the said groundrent capitalised at 5% which together amount to €29.25 in order to be freeely given to the respondents mentioned after the due receipt according to law left.

Interpellants: 1. Daniel Theuma/Rachel Attard, 68, Paradis, Triq il-Gallina, Il-Kappara, San Ġwann SGN 4115

Notify: 1. Director Public Registry, Valletta

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, this Court will proceed to the selection of Curators of Office.

And after so acting, or if you encounter any difficulty in the execution of this bann, you are to inform this Court forthwith.

Given by the Superior Court above mentioned with the witness of the Hon. Ms Justice Miriam Hayman, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 12th February, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 28th 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, nearby Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement numbered two hundred (200) previously numbered ninety (90) at ground floor level in Triq il-Marsa, Marsa. The tenement underlays third party property and has in common with the overlaying property the drains and drainage system. The property is free and unencumbered with all its rights and appurtenances valued at sixty-five thousand euro (€65,000).

The said tenement is the property of Mario Micallef (ID 204185M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 47/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the Court of Appeal (Inferior Jurisdiction) on the 27th August, 2018, in the records of the Application in the names Mona Farrugia Limited vs MaltaPost plc, Notice number 294/14/1, Decided 18/4/2018, the following publication was ordered for the purpose of service of the respondent Mona Farrugia Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal (Inferior Jurisdiction) in the names Mona Farrugia Limited (C 48565) vs MaltaPost plc, on the 8th May, 2018, the applicant MaltaPost plc (C 22796) respectfully pleaded:

1) That by means of the original Notice of the present cause the applicant company called the interpellant company to appear before the Court of Magistrates(Malta) to state why it should not be condemned ‘to come forward to the liquidation and payment of damages caused by it in the premises restaurant ‘Angelica’ Archbishop Street, Valletta, due to a construction being made in the premises adjacent to its property’.

… omissis …

3) That by means of its reply the interpellant company pleaded the following:

1. In the First place the plaintiff company should in the first place and before everything proof that it has a juridical interest to bring forward the present cause,

2. Without prejudice to the premised the plaintiff company is to prove that the interpellant company is responsible for any damages that the plaintiff company suffered,

… omissis …

5. Saving further pleas;

4) That in virtue of its judgement of the 18th April 2018, the Court of First Instance effectively decided,

‘Thus, this Court is rejecting all the pleas of the defendant company except that on the merit which plea is being upheld by declaring that in effect the structural work made by the defendant company was made according to the trade and art and the damage that the plaintiff company suffered was a direct result because the water tap of the defendant company was left open and thus uphold the plaintiff’s demand in the amount of eleven thousand euro (€11,000);

… omissis …

5) That the interpellant company feels aggrieved by the above mentioned judgement of the 18th April, 2018;

6) That the grievances of the interpellant company are clear and manifest and consist in the following;

The First Grievance

7) The First grievance of the interpellant company consists of the fact that the Court of First Instance was very mistaken when it did not adopt the conclusion of the judicial referees that the defendant company is to be ordered to pay to the plaintiff company the sum of five hundred and nineteen euro (€519) which was liquidated by them and instead uphold the plaintiff’s demand in the amount of eleven thousand euro (€11,000);

8) That the Technical Referees appointed by the Court AIC Godwin Abela and Ing. Ryan Fava held an access and even various meetings and finally concluded that from the proof there resulted six scenarios,

i. That no structural damage was caused in the premises of the plaintiff company which could be attributed to those works made by the defendant company in its premises adjacent to the premises leased by it to the plaintiff company,

… omissis …

iv. That Mona Farrugia testified that the entry of water occurred on five occasions whilst various witnesses produced by the defendant company testified that this occurred once;

… omissis …

9)That as stated after considering all the proof including the evidence and documents presented the competent Technical Referees AIC Godwin Abela and Ing. Ryan Fava reached the conclusion that the defendant company should be ordered to pay the plaintiff company the sum of five hundred and nineteen euro (€519) which was liquidated by them;

… omissis …

15)That particularly as regards the burden of the proof of the conclusions of the Court Appointed Referees, it was constantly held in our jurisprudence, that although the Court is not bound to adopt the conclusions of the Referee’s report however it should not lighly avoid such conclusions;

… omissis …

The Second Grievance

17) The second grievance of the interpellant company consists of the fact that the plaintiff company failed to bring the best proof regarding the damage that it alleged in the labels of the bottles and notwithstanding that the Court of First Instance, very wrongly adopted the contents of document MF4 a fol,44 and afterwards upheld the plaintiff’s demand in the amount of eleven thousand euro (€11,000) as asked by it because ‘the value of the damage in the bottles already exceeded the amount demanded by the same plaintiff company, especially when no proof was brought in the manner required by law that the plaintiff company, had suffered damages in that amount;

… omissis …

23) That in fact it can be stated that the plaintiff company had to prove that indicated according to Article 1204 of Cap. 16 and namely the effective loss which the acts of the defendant company caused to the party which suffered the damage, the costs that this party could have been forced to do due to the damage, loss of wages or other actual income’;

… omissis …

32) That as stated in the case of contumacy it was decided by these Courts various times that contumacy, should not be considered as a declaration or admission on the part of the summoned to that which is being demanded or alleged against him by the plaintiff’;

… omissis …

34) It was thus purposely for this reason that this Honourable Court should not accept that the plaintiff’s version reached a level of proof which should induce in the adjudicator that moral certainty that every Court should seek;

The Third Grievance

35) The third grievance of the interpellant company consists in the fact that the Court of First Instance was not consistent in its conclusions although the plaintiff company failed to bring the best proof regarding the state of the bottles before the alledged incident of water percolation happened;

… omissis …

The Fourth Grievance

43) The Fourth Grievance of the interpellant company consists in the fact that the Court of First Instance in clear violation of the rules of extra petita and ultra petita although called to decide why the interpellant company ‘ be condemned to come forward to the liquidation of damages caused by it in the premises restaurant ‘Angelica’ Archbishop Street, Valletta, since the construction that is being made in the adjacent property whilst at the same time declare that in effect the structural work made by the defendant company was made according to the trade and art greatly exceeded the grounds on which it was asked to decide;

… omissis …

The Fifth Grievance

47) That the fifth grievance of the interpellant company consists in the fact that although the plaintiff company did not sufficiently prove the fact, the immutability of the damaging fact to the interpellant company, the Court of First Instance still found the interpellant company responsible for the same damaging fact;

48) That from a look of the original notice it results that the plaintiffs ground is based on damages caused by the interpellant company due to a construction being made in the adjacent premises belonging to the interpellant company;

49) That although Mona Farrugia alleged various things the plaintiff’s ground was never proved;

… omissis …

55) That in its considerations the Court of First Instance referred to jurisprudence related with the concept of the legitimate defendant and erroneously applied it to the case;

… omissis …

60) That in fact keeping in view the default of the plaintiff company to prove the immutability of the alleged fact to the interpellant company and even due to the fact that the plaintiff company did not manage to definitely prove the justification which it brought forward to attribute the fault on the interpellant company, the Court of First Instance should have upheld the second plea of the interpellant company and find that the plaintiff company did not manage to prove that the interpellant company is responsible for any damages which the plaintiff company could have suffered;

The Sixth Grievance

61) The sixth grievance of the interpellant company consists in the fact that although the plaintiff company did not sufficiently prove the damaging event and the immutability of the damaging fact to the interpellant company, the Court of First Instance still found the interpellant company responsible for the same damaging event and still upheld the plaintiff’s demand in the amount of (€11,000) much more than the amount of (€519) established by the Technical Referees;

… omissis …

The Seventh Grievance

67)The seventh grievance of the interpellant company consists in the fact that the Court of First Instance was very mistaken when it condemned the interpellant company to pay damages for a reason not established as a ground in the original notice of this cause and worse than this in a superior amount to that cited in the judicial letter sent to the interpellant company;

… omissis …

The Eight grievance

72) That the eight grievance of interpellant company consists in the fact that the Court of First Instanbce was very mistaken when in its final judgement of the 18th April, 2018, it condemned the interpellant company to pay the costs including the garnishee order 1485/14;

… omissis …

Conclusion

74) That in the present cause the Technical Referees had to examine and decide whether damages were caused in the premises restaurant ‘Angelica’ Archbishop Street, Valletta, since the constructions which are being made in the property adjacent to that of the interpellant and it was purposely for this reason that in the words of the Court of First Instance the dispute between the parties was of a technical nature and it was thus why this Court appointed the Technical Referees Godwin Abela and Inġinier Ryan Fava;

75) That in the same manner the Court of First Instance had to be convinced with the technical nature of the case when it reached its decision and had to adopt what the Technical Referees declared a fol. 75 of the proceedings where it is thus stated;

… omissis …

Thus, the appellant interpellant company whilst referring to all the proof produced and all the procedural records and reserving to bring the other proof and make further submissions permitted by law and thus respectfully pray this Honourable Court, cancel and revoke the said judgement of the Court of First Instance of the 18th April, 2018, and instead reject the plaintiff’s demands.

With costs

Whereas the written procedures in the cause before Mona Farrugia Limited vs MaltaPost plc have been closed, the Court fixed the hearing of this cause on Friday first of February, 2019, at 9.00 a.m., and deferred to the 8th March, 2019, at 10.30 a.m.

Appellant Company: 305, Triq Ħal Qormi, Marsa

Respondent Company: Mona Farrugia Limited, ‘Angelica’, Archbishop Street, Valletta

Mona Farrugia Limited,12, St Mary Street, Gudja GDJ 1061

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 13th of February, 2019, Josephine Calleja et, number 283/2019, wherein they prayed to be declared open in favour of Josephine Calleja, in share of one half (1/2) undivided; and in favour of Justin and Donnah, siblings Calleja, in shares of one fourth (1/4) undivided each the Succession of Emanuel Calleja (ID 0093957M), son of the late Gaudence and Emanuela née Galdes, born at Marsa, resided at Mellieħa and died at Tal-Qroqq, Msida, on the 4th of September, 2018, aged 61 years 

Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et sequitur of Cap.12 of the Laws of Malta.

MARCEL BUGEJA

For the Registrar, Civil Courts and Tribunals

DKR 208/2007 – Cancellation of a Freezing Order

It is being notified that by a decree 7th February, 2019, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera, LLD) following an application filed by Richard Attard on the 4th February, 2019, Appeal number 204/2014, in the case:

The Police

(Asst. Comm. Norbert Ciappara)

Versus 

Richard Attard, 65 years, son of the late Joseph Paul and Verginia née Bugeja, born in Floriana, Malta, on the 4th April, 1953, residing at number 51, Triq Ġorġ Borg Olivier, St Julian’s, Malta, and holder of Maltese identity card bearing number 284453M.

The Court ordered the cancellation of the freezing order of all the assets of the said Richard Attard, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Anthony G. Vella, LLD) on the 15th July, 2007, which was duly published in the Government Gazette of the 31st July, 2007.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given, by the Civil Court First Hall, on the 7 th September, 2018, following a request of J. Zammit Estates Limited, it was ordered that deputy curators be chosen to represent the directus dominus or sub directus domiuns, in the records of the Schedule in the names J. Zammit Estates Limited vs Deputy Curators Schedule number 1657/2018 and in the other relative and subsequent acts.

By means of a Schedule of Redemption of groundrent and contextual deposit, filed, in the First Hall Civil Court, in the names J. Zammit Estates Limited (C 52422) vs Deputy Curators in order to represent the directus dominus or sub directus dominus or his successors in title on the 5th September, 2018, the interpellant J. Zammit Estates Limited (C 52422) respectfully pleaded:

That the applicant company purchased and acquired the showroom without number, with the name Canadian Brothers Limited or Simca, situated in Triq il-Wied tal-Imsida, Birkirkara, from Canadian Brothers Limited (C 168) in the records of Notary Dr Mario Bugeja, by means of a contract of the 7th March, 2018 (copy annexed Doc. A) which premises is subject to the rate of annual and perpetual groundrent of €69.88, free and unencumbered with all its rights and appurtenances;

That the interpellant company wishes to redeem this groundrent and is thus availing itself of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta, by depositing the sum of (€349.40) arrears of five years, together with the sum of (€1397.60) value of the said grounrent of (€69.88) capitalised sat 5% in all amounting to (€1,747) which sum is to be freely given to the respondents after the due receipt according to law is left.

Interpellants: J. Zammit Estates Limited- Canadian Bros Limited jew Simca, Triq il-Wied tal-Imsida, Birkirkara

Services: 1. Director of the Public Registry-Evans Building,Triq il-Merkanti,  Valletta VLT 2000 (two services).

2. Land Registrar, Casa Bolino, West Street, Valletta, VLT 2000

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, this Court will proceed to the selection of Curators of Office.

And after so acting, or if you encounter any difficulty in the execution of this bann, you are to inform this Court forthwith.

Given by the Superior Court above mentioned with the witness of the Hon. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Rent Regulation Board it was ordered that on an application of Angele Calleja for the selection of Deputy Curators to represent the absent Eugenia and Stefan Warnders, in the acts of the application number 2/2019JD and in other relative and subsequent acts.

By means of an application filed in the Rent Regulation Board on the 4th January, 2019, in the names Angele Calleja (ID 407357M) vs Deputy Curators to represent the absentees Eugenia and Stefan spouses Warnders, the applicant Angele Calleja (ID 407357M) requested with respect:

That the applicant leases to the respondents the premises namely the apartment Flat 4, Tudunwada, Triq JH Newman, San Pawl tat-Tarġa, as results from the relative agreement between the parties made on the 30th August, 2017, duly renewed;

As clearly results from the same lease agreement, the lease was given, among other terms and conditions listed, subject to the following conditions: at the rent agreed (according to clause number 3), that the premises will be used as a private residence of the said lessees (clause number 5), and if they fail to abide by the agreement, each party has the right to terminate the lease as provided and this without the need for any judicial action (clause 2.3) and with the right of the owner to resume possession of the premises free and unencumbered (according to clause number 9 of the same lease agreement);

Recently the respondents stopped paying the rent and also abandoned the apartment leased to them. Subsequently the applicant learnt that the respondents have left Malta;

The applicant made several attempts to communicate with the representatives of the respondents to come to an arrangement with them but it was all in vain and this because the same respondents continued to refuse paying the rent and other amounts due by them according to the lease agreement above mentioned and also to indicate when they were returning to Malta or not, in default, to vacate the occupied premises from their movables;

As a consequence, to this the applicant had no other alternative but to exercise the right given to them in terms of clauses numbered 2.3 and 9 of the lease agreement and so terminate the lease given to the same respondents who till today are still abroad without any intention of returning back on a specific date;

In addition, the respondents are debtors of the applicants for the remaining sum of €21,501.90 representing the rent arrears due by them according to clause number 3 of the lease agreement;

In addition, the applicant needs the authorisation, in line with that agreed between the parties by means of clause number 9 of the lease agreement, to resume the free and unencumbered possession of her premises, and this also, in the event that the respondents fail to take back the movable items they have left behind them such that the same applicant is authorised to dispose of the same movables in the most ample manner and at cost of the respondents;

Thus, the applicant is constrained to proceed by means of this law suit.

Accordingly, due to the above mentioned, the applicant humbly requests this Honourable Board to decide this application, to declare that the lease dated 30th August, 2017, as duly renewed to have been terminated for all the effects and purposes of law:

1. Orders the respondents for the reasons here mentioned, to pay the applicant the amount of €21,501.90 representing the balance of arrears of rent payable by the respondent to the applicant according the lease agreement besides any other amount due to the applicant according to the lease agreement and also;

2. Orders the respondents to vacate from the premises and return the premises free and unencumbered of the applicant and to remove all their belongings from the same premises and/or to pick up the same from the applicant within a short and peremptory period and in default authorises the applicant to resume free and unencumbered possession of the premises and if it is the case dispose of the movable that are in the premises in the most ample manner and unlimitedly and at the respondents’ cost.

With costs against the respondents.

Applicant: Angele Calleja, 144, Flat 7, Tower Road, Tas-Sliema

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

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

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

Given by the aforementioned Rent Regulation Board with the witness of Dr Josette Demicoli, LLD, Doctor of Laws, Magistrate of the above mentioned Board.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

By a decree of the Small Claims Tribunal of the 11th 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).

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 Carabott Ruth (Gertrude) (ID 22769M) of Santu Rokku, Flat 1, Triq il-Folklor, Birżebbuġa, to pay the plaintiff company the sum of €563.76, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 433/18PM) is deferred on the 28th February, 2019, at 12.30p.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 23rd August 2018, whereby they asked the Tribunal to condemn Baldacchino Emanuel (ID 368682M) of Churchill Court, Blokk B, Flat 25, Triq il-Ġibjun, San Ġwann, to pay the plaintiff company the sum of €721.06, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 393/18PM) is deferred on the 28th February, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 18th May, 2018, Application number 756/2018, by Susan sive Suzanne Portelli, Giuseppa sive Josephine Portelli, widow of Carmelo Portelli, daughter of the late Giuseppe Micallef and Violeta née Zahra, born in Birgu on the 5th January, 1936, and residing in Birgu, aged 82, and holding identity card number 0037936M, was interdicted by means of a decree given on the 4th October, 2018.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th January, 2019, Application number 64/2019, by Gulian sive Julian Attard whereby he prayed that it be declared open in favour of the same Gulian sive Julian Attard, Joseph Attard and Susanna Caruana in equal shares between them, that is in the quota of one third (1/3) undivided share each one of them the Succession of their brother Philip Attard, bachelor, son of the late Giuseppe sive Joseph Attard and Antonia née Saliba, born in Marsaxlokk, resided in Marsaxlokk and died in Tal-Qroqq, Msida, Malta, on the 20th December, 2017, aged 72, who held identity card number 0403645M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree given on the 7th February, 2019, by the Civil Court (Volontary Jurisdiction Section) in the application number 1872/18 filed on the 26th November, 2018, by Maria Doubl sive Debl wheras she prayed this Honourable Court, to declare absent and nominate a curator for the absent Adil Doubl sive Adel Debl, son of Ahmad and Hanifa née Somak, born in Edlb, Syria, on the 1st January, 1965, holding Syrian passport number 2543903, who have been absent from these Islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property since May 2009, this Court ordered the issuing of this notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Adil Doubl sive Adel Debl, is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th January, 2019, Application number 63/2019, by Arthur Vella et whereby they prayed that it be declared open in favour of the same Arthur Vella, Frances Piccione and Margaret Abela Vella in equal shares between them, that is in the quota of one third (1/3) undivided share each one of them the Succession of their mother Guzeppa sive Josephine Vella, widow of Francis Xavier Vella, daughter of the late Guzeppi Bonnici and Frances Bonnici née Schembri, born in Marsaxlokk, resided in Marsaxlokk and died in Tal-Qroqq, Msida, Malta, on the 10th September, 2017, aged 79, who held identity card number 0102338M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 15th of February, 2019, in judicial sale number 12/2015 in re. “Anthony Vella vs Savio sive Domenico Savio Spiteri”, Monday 8th of April, 2019, at 10.00 a.m. has been scheduled for the Sale by Auction, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:

1. Undivided half of property number sixty-nine (69), Triq tal-Għajn, Fontana, Gozo, valued at €125,000.

This property pertains to Savio sive Domenico Savio Spiteri, son of John u Josephine née Sultana, born in Victoria on the 18th of March, 1960, and lives in Fontana, Gozo, identity card number 16160G. The said property will be sold as described in the report sworn to by AIC Vincent M. Buhagiar on the 10th of October, 2016. A detailed report regarding the liabilities burdening this property is drawn up and sworn by the legal referee Dr Damian Bigeni in the records of the judicial sale proceedings.

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 16th January, 2019, 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 John Baldacchino in his own name and on behalf of his brother Rev. Carmel sive Charles Baldacchino it was ordered that Deputy Curators be selected to represent the unknown emphitutical owners in the schedule of deposit number 110/2019 and in other relative and subsequent acts where they requested:

That the applicants are the owners of the garden measuring 24.5sq.c. which is connected to the rear part of the house with interconnecting garage, with official number 137 previously 78, with the name Olympia, in Triq Brared, Birkirkara. This garden is bounded from the north and east with property of the predecessors of Paolo Grixti and is marked on the plan here attached and marked as Doc. A;

This garden is subject to the annual and perpetual revisable groundrent of £2.11 or €5.94;

This garden was passed on to them by title of succession after the death of their father Giovanni Baldacchino;

The applicants are in default of the last five years of ground rent amounting to €29.70;

The direct owners are unknown.

Thus, the applicants are requesting this Honourable Court and under its authority they are depositing the sum of €29.70 in order to exempt themselves from any responsibility so that they may be freely withdrawn by the respondents after leaving the relative receipt according to Law.

Applicant: 12, Casa Helvetia, Triq San Gabriel, Ħal Balzan

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

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

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

By means of a decree of the 6th February, 2019, in the records of the judicial letter number 4372/18, in the names Anthony Caruana vs Anton Paul Sciberras, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent Anton Paul Sciberras in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Anton Paul Sciberras, Espadon Court, Flat 4, Triq il-Port Ħieles, Birżebbuġa

By means of this present Anthony Caruana (ID 330168M) of Les Etoiles, Triq il-Waqqafa, Mosta, solicits you so that within two days from the day of this letter you reimburse the amount of €107,400, which amount was loaned to you by the interpellant according to two private writings dated 27th January, 2014.

In default of immediate payment, the interpellant will have no alternative but to proceed against you through Court and with warrants.

So much for your own guidance

With costs and interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th February, 2019, in the records of the judicial letter number 1182/18, in the names Leone Grech pro et noe vs Salvu Pace et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Salvu Pace and Amanda Camilleri.

In Courts of Magistrates (Malta)

To Salvu Pace of Block 14, Door 1, Flat 15, Trejqet il-Ward, Sta Luċija

  Amanda Camilleri of Block 14, Door 1, Flat 15, Trejqet il-Ward, Sta Luċija

Elmo Insurance Limited

By the present Leone Grech (ID 163950M) in his own name and for and on behalf of AIL Limited, make reference to the car accident which occurred on the 29th March, 2017, in Triq Nazzjonali, Blata l-Bajda between the vehicle with registration number JYC989, property of the interpellant, and the vehicle with registration number FBB794, driven by Salvu Pace and insured with Elmo Insurance Limited, and for which accident Salvu Pace, the driver of the vehicle FBB794 is solely responsible, because of lack of skill, carelessness and lack of observation of the traffic regulations on his part.

By means of this present you are solicited so that within two days you come forward for the liquidation and payment of damages suffered by the interpellant as a result of the said car accident.

In default of your complying with the request in this letter within the time given, further action will be taken against you according to law without further notice.

With costs and interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3001/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Kayleigh Spiteri, the following publication was ordered for the purpose of effecting service on the respondent Kayleigh Spiteri in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Kayleigh Spiteri (ID 218988M) of Flat 2, 2, Triq il-Kurċifiss, Isla

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 plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,168.48, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000166972 for the premises Flat 2, 2, Triq Il-Kurċifiss, Isla.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th October, 2018, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 3339/2018 in the names Regulator for Energy and Water Services vs Ronald Azzopardi, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Ronald Azzopardi (ID 700661M) of 15, Flat 5, Triq Ġużè Howard, Tas-Sliema, on the 26th September, 2018, Regulator for Energy and Water Services of Millenia Complex , Level 2, Triq Aldo Moro, Marsa, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A and calls upon you so that within ten (10) days you pay the sum of €4, 604.80, which amount is due by you as a final and conclusive liquidation for payment of arrears for licence rights bearing reference SP 877 for the swimming pool in the premises Ta’ Marsiku, Triq Jannar, Xagħra XRA 1808, from the year 2002 till 2018 and for penalties of late payment regarding the same in terms of Cap. 545 of the Laws of Malta and of the subsidiary legislation 545.07.

In default of payment or opposition on your part according to the aforementioned article 466, the applicant Regulator will proceed to issue executive warrants against you according to law.

With costs of this Act

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 24th 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).

Daniel Brankov Vlasev (ID 0040276A) of 45, Zafriz Court, Flat 3, Triq Sir Patrick Stuart, Gżira, filed a Claim on the 24th September, 2018, whereby they asked the Tribunal to condemn Anthony Balzan of 133, Triq Birkirkara, St Julian’s, to pay the plaintiff the sum of €5000 which amount is due to the plaintiff.

With costs and interest

The case (Claim Number 468/18KCX) is deferred on the 25th February, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st January, 2019, in the records of the judicial letter number 1245/18 in the names Swedish Pensions Agency vs Commonwealth Securitisations plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Commonwealth Securitisations plc, Securitisation Consultancy Ltd and Andreas Wolfl in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

1. Commonwealth Securitisations plc (C 59191) of 66A, The Strand, Tas-Sliema

2. Securitisation Consultancy Ltd (C 68880) of 66A, The Strand, Tas-Sliema

3. Andreas Wolfl (Austrian Passport P6717546) of 19, Triq Gafar, Tas-Sliema

4. Christian Gross

5. RES Malta Limited

By means of this present Swedish Pensions Agency (the “Agency”) represented hereon by Dr Laragh Cassar (ID 455693M) of Camilleri Cassar Advocates, 9 Brittania House, Level One, Triq il-Fran, Valletta in her capacity as special mandatary, is a Swedish public authority established specifically to inter alia, administer the Swedish national pension system.

Whereas the Agency is organised under and answerable directly to the Swedish Government and the Swedish Ministry of Finance.

Whereas according to Swedish Law, the Agency is obliged to invest a portion of the savings of the public pensions in certain eligible UCITS compliant investment funds in terms of Directive 2009/65/EC as amended.

Whereas through the holding of the Agency, the Kingdom of Sweden is the owner of all of the units in the Falcon Aggressive Fund, the Falcon Balanced Fund and the Falcon Cautious Fund (together the sub-funds).

Whereas it appears that there were several irregularities in the manner in which the assets of the said sub-funds were managed and investments made, into various financial instruments as are better described hereunder.

Whereas by virtue of the present, the Agency, refers you to your role in the issuing of some of the financial instruments, including that known as Nordic Power ETI and any other direct or indirect involvemnet whatsoever you may have had in the investments made on behalf of the Sub-Funds in those same financial instruments.

That in addition and without prejudice to the above, it appears that you were responsible, inter alia, for the issuance and/or that you authorised the issuance of the respective prospectuses of the above-described investments known as Nordic Power ETI.

Whereas it appears that the sub-funds have sustained and could further sustain substantial losses, which losses are, inter alia, the results of your acts and omissions, direct and/or indirect, resulting from your negligence, and/or fraud, and/or carelessness, and or false declarations in the above mentioned prospectuses and/or disregard of the law and applicable regulations and breach of your obligations.

Therefore, by virtue of the present, you are being formally notified that the Agency is holding each of you responsible for damages suffered and/or that will be suffered due as a result of your acts and/or omissions and is placing you in bad faith for all intents and purposes at law.

In addition, the Agency is hereby calling upon you to, within a month, liquidate and pay the damages already suffered.

For your attention and guidance

With costs and interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

NOTICE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Karen Grech (ID 77588M) filed an application under oath (No. 24/2019JPG) demanding corrections in the Act of Birth of the minor Eston Grech number 3936/2016 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,

LORRAINE DALLI

For the Registrar, Civil Courts and Tribunals