Court Notices published in the Government Gazette 20,158 of 2nd April 2019

ARB/C019/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 29th March, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 164/2019 in the case:

The Police 

(Inspector Anthony Scerri)

Versus

CHARLES BORG, car dealer, 45 years, son of Paul and Vincenza née Bondin, born in Ħ’Attard, Malta on the 7th May, 1973, residing at 91, Triq il-Lvant, Valletta, and/or Crescent Point, Mais 1, Sqaq il-Qajjied, Siġġiewi, and holder of Maltese identity card bearing number 223473M.   

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 CHARLES BORG 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 receive 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)

ARB/C021/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 28th March, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (il-Magistrate Dr Josette Demicoli, LLD). Compilation number 188/2019 in the case:

The Police 

(Inspector Matthew Vella)

Versus

CHUKWUEBUKA EMMANUEL MBONU, student, 24 years, son of Emmanuel Mbonu and Veronice Mbonu née Obu, born in Lagos, Nigeria on the 22nd December, 1994, residing at Binja Misraħ, Ent. A, Fl. 10, Triq Ismek Tifħirek, San Ġwann and holder of Nigerian passport A50547201. 

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 CHUKWUEBUKA EMMANUEL MBONU and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Section 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Article 5 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)

ARB/C020/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 28th March, 2019 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD). Compilation number 189/2019 in the case: 

The Police 

(Inspector Anna Marie Xuereb)

(Inspector Elton Taliana) 

Versus

TANIA BORG, 36 years, delivery person, daughter of Anthony Spiteri and Carmen née Azzopardi, born in Rabat, Malta, on the 25th of June 1982, residing at Block 3, Fl 3, Binja Ħal Ġinwi, Triq Axtart, Marsaxlokk, and holder of Maltese identity card bearing number 389282M. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to TANIA BORG and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Article 5 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)

By means of a decree given by the Civil Court First Hall on the 30th January, 2019, in the records of the Sworn Appliocation in the names Tal-Magħtab Construction Co. Limited (C 11485) vs Sant Jonathan (ID 449685M), Application Number 1280/18 AF, the following publication was ordered for the purpose of service of the respondent Jonathan Sant (ID 449685M) 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 Tal-Magħtab Construction Co. Limited (C 11485) vs Jonathan Sant (ID 449685M) on the21st December, 2018, the applicant company Tal-Magħtab Construction Co. Limited (C 11485) asked this Honourable Court:

1. To decide the cause without proceeding to a hearing of the proof in terms of Articles 167 - 170 of Cap. 12.

2. Decide and declare that the amount of €19,998.07 is due to the plaintiff company and condemn the respondent to pay the same amount to the plaintiff company.

With costs and legal interest to run till the date of effective payment against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the names Tal-Magħtab Construction Co. Ltd vs Jonathan Sant, Application number 1280/18 AF, has been deferred for hearing to the 9th April, 2019, at 9.30 a.m.

Respondent: El Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 11th October, 2016, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organisation and Civil Procedure (Chapter 12).

That by an applications filed by BNF Bank previously Banif Bank (Malta) (C 41030) on the 27th February, 2019, is asking for the withdrawal of the amount of €27,860.01 deposited by Schedule of Deposit number 201/18 in the acts of judicial sale file number 14/16 in the names BNF Bank previously Banif Bank (Malta) (C 41030) vs Comprod Group Ltd (C 280202), Roderick Falzon (ID 328877M) and Natasha Falzon (ID 193480M). The Court ordered the notification of this application to the counterparties with ten working days period to reply.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 11th March, 2019, on the application of D’Arrigo Paolo (ID 23223A), Wednesday, 22nd May, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at Roy Grixti, Roy Marine Services, in Sqaq tal-Ħandaq, Ta’ Kandja, limits of Siġġiewi, of the following items seized from the property of Bailey Theresa Elaine (ID 78278A).

Pleasure Yacht named Just For Fun with the Maltese flag, official number 033692, length of 10.62m.  

N.B. The said boat will be sold as described in the acts of judicial sales number 7/19.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 15th of March, 2019 (Application number 24/2019JVC) by Tony sive Anthony Vella and Nicolina Vella, requested the opening of the succession of Giuseppe Vella, who was a pensioner, son of the late Lorenzo Vella and Lorenza née Micallef, born in San Lawrenz, Gozo and used to reside in Sannat, Gozo, died in Victoria, Gozo, on the twenty-eighth (28th) August of the year two thousand and eighteen (2018), intestate, and that the decujus had two children but his daughter Mary Ann Vella died improle on the eighth (8th) April of the year two thousand and eight (2008) and therefore the applicants are the heirs ex lege of the decujus, which opening of succession is to be made in favour of the applicants Tony sive Anthony Vella and Nicolina Vella as to one half (1/2) undivided equal shares each one of them. 

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. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 14th March, 2019, in the records of the Sworn Application in the names Aquilina Phyllis Av. Dr Noe vs Sant Fournier Vera Maria, Application Number 91/2019 MCH, the following publication was ordered for the purpose of service of the defendant Vera Maria Sant Fournier, in terms of Article 187(3) et sequitur of Cap 12. The applicant nomine was admitted to proceed with the Benefit of Legal Aid.

By means of a Sworn Application, filed in the First Hall Civil Court in the names Advocate Doctor Phyllis Aquilina in her capacity of curator of the minor Alexander Sant Fournier (ID 213806L) vs Vera Maria Sant Fournier, on the 31st January, 2019, the applicant Advocate Doctor Phyllis Aquilina (ID 282580M) in her capacity of curator of the minor Alexander Sant Fournier (ID 213806L) respectfully pleaded and asked this Honourable Court:

1. That by means of a decree given by the Civil Court (Voluntary Jurisdiction Section) on the 12th August, 2018, with number 1145/2018, the interpellant Dr Phyllis Aquilina was appointed administrator of the assets of the minor Alexander Sant Fournier.

2. That by means of a judgement given by Civil Court (Family Section) on the 1st June, 2012, the said minor was declared to be the natural and biological offspring of Charles Sant Fournier, son of the late Guido Sant Fournier and Vera Sant Fournier née Vallone, born in Naples and who held identity card number 265083M, who died on the 13th March, 2009.

3. That this judgement today is res judicata and this paternity was annotated on the birth certificate of the minor Alexander Sant Fournier according to law.

That for the reasons premised in the application and those that shall result during the hearing of this cause saving any declaration which results necessary, the interpellant in her capacity premised asks this Honourable Court:

1. To declare and decide that the minor Alexander Sant Fournier has a right to the payment of the portion reserved to him by law from the property of his deceased father Charles Sant Fournier, consisting in one sixth (1/6) undivided share of the said property.

2. Liquidate the portion reserved by law in favour of the minor Alexander Sant Fournier.

3. Condemn the defendant to pay the interpellant, in her capacity of curator of the same minor Alexander Sant Fourniuer, the sum so liquidated and due.

With costs, as demanded in this application and legal interests according to article 615(2) of the Civil Code, against the defendant who is summoned so that a reference to her evidence be made.

The Sworn Application in the names Aquilina Phyllis Av. Dr noe vs Sant Fournier Vera Maria, Application Number 91/2019 MCH, has been deferred for hearing to the 7th May, 2019, at 9.00 a.m.

Applicant: Dr Phyllis Aquilina nomine, 162, Triq l-Ifran, Valletta

Notify: Vera Maria Sant Fournier, 20, Triq l-Adrijatiku, The Village, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 28th March, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by Bank of Valletta plc (C 2833) on the 26th March, 2019, the approval of the said judicial acts is being demanded for the amount of €15,100 following judicial sale by auction 85/16 in the names Bank of Valletta plc (C 2833) vs Property & Finishings Limited (C 47637), held under the Authority of the said Court on the 21st March, 2019.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 22nd February, 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 Anthony and Yasmin spouses Zammit, it was ordered that Deputy Curators be selected to represent the unknown heirs of Rev. Carmel Gatt in the schedule of deposit number 461/2019 and in other relative and subsequent acts where they requested:

That the applicants occupy the premises 49, Milton House, Triq Wilġa, Paceville, St Julian’s at the rent of €279.52, equivalent to Lm120.00, per year.

They wish to pay the rent due for the year 2018 amounting to €279.52.

The respondent (today deceased) did not accept the payment of rent when he was approached, and this for reasons that are not valid according to law.

The applicants do not know who are the heirs of the respondent and so they are depositing the amount due in Court.

Thus, the applicants to safeguard their interest are requesting this Honourable Court and under its authority they are depositing the sum of €229.61 that together with €49.91 amount to €279.52 which sum may be freely withdrawn by the respondent/s as long as the relative permits are regularised and after leaving the relative receipt according to law.

Notification: 49, Milton House, Triq Wilġa, Paceville, St Julian’s

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 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 Gabriella Vella LLD, Doctor of Laws, Magistrate of the abovementioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 12th March, 2019, the publication of the following extract was ordered for the purpose of service of Karl Blundell and Iana Blundell in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a note filed on the 28th September, 2018, in the names BNF Bank plc previously Banif Bank (Malta) plc (C 41030) vs Karl and Iana (spouses) Blundell (ID 0396876M and 22524A respectively), whereby by means of note filed by the company BNF Bank plc previously Banif Bank (Malta) plc in terms of Article 838B(2)(a) of Cap. 12 of the Laws of Malta, after the judicial letter issued in the said names in terms of Article 166A of the same Cap. 12, was rendered executable on behalf of Iana Blundell only (Doc. A). By means of this note, the said company is declaring that as for Iana Blundell only the following are to be seized:

1. Principal amount €1,644.65 which include €1,604.65 as rendered executable by means of the above judicial letter and also €40 further charges on the debt on the basis of the tariff of charges relative to the credit card and attached with the same judicial letter as Doc. B. For clarity’s sake, the amount of €40 is the result of two charges of €20 that the applicant company imposes every month. Further bank charges and fees are reserved; and

2. Interest of €38.13 calculated at the rates mentioned in the judicial letter abovementioned till the 14th September, 2018. Further interest is reserved; and

3. Costs of €442.92 that include €409.71 legal costs according to the official bill of costs issued by the Court (Doc. BB) and €33.21 as value added tax on the lawyer and legal procurator fees. Further costs are reserved.

In view of the above, the total amount that has to be seized is that of €2,125.70.

Creditor:  BNF Bank plc previously Banif Bank (Malta) plc, 203, Level 2, Triq D’Argens, Gżira

 Debtors:  Iana Blundell and Karl Blundell, MGM Crt, Fl 2, Triq il-Mensija, San Ġwann SGMN 1609

In the Court of Magistrates (Malta)

Magisrate: Dr Rachel Montebello BA LLD

In the acts of the Garnishee Order Number 1478/2018

BNF Bank plc previously Banif Bank (Malta) plc (C 41030) 

vs

Karl and Iana (spouses) Blundell (ID 0396876M and 22524A respectively)

The Court,

Saw the counter warrant number 1969/2018 that was issued limitedly on behalf of only one of the garnishees and so is still applicable to the rest of the garnishees and for the debt claimed;

Saw the note of the applicant bank dated 28th September, 2018, in the acts of the garnishee order number 1478/2018 and orders that this will be notified to Iana Blundell and to any one who has any interest with two days within which to submit a reply and orders the service of the application to Kenneth Xuereb who has five days within which to reply. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 28th March, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by Malta Towage Limited (C 44662) on the 26th March, 2019, the approval of the said judicial acts is being demanded for the amount of €65,000 following judicial sale by auction 4/19 in the names Mediterranean Trading Shipping Company Limited vs Vessel MV Irmak, held under the Authority of the said Court on the 25th March, 2019.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

DKR 389/2010 – VARJAZZJONI TAL-IFFRIŻAR TAL-ASSI

Ikun jaf kulħadd illi b’digriet mogħti fil-25 ta’ Marzu, 2019, mill-Qorti Kriminali (Onor. Imħallef Dr Giovanni M. Grixti LLD) wara rikors ippreżentat minn Duncan Caruana fit-28 ta’ Frar, 2019, Att t’Akkuża numru 17/2013, fl-ismijiet:-

Ir-Repubblika ta’ Malta

Kontra:

Matthew Zarb;

Franklin Orsini;

Mark Anthony Bartolo;

Mason Nehls; u

Duncan Caruana, ta’ 31 sena, iben Joseph u Anna xebba Schembri, imwieled Tal-Pietà, Malta fl-10 ta’ Ġunju, 1987, residenti fil-fond Blokk B, Flat 3, Triq Patri Franġisk Grech, Santa Venera, Malta u detentur tal-karta tal-identità numru 265087M.

Il-Qorti awtorizzat lill-imputat Duncan Caruana sabiex ibigħ is-sehem tiegħu mill-fond garaxx bil-bitħa u kamra retroposta bl-isem Santa Rita, Triq il-Fieres, Ħal Tarxien b’dan illi r-rikavat minn dan il-bejgħ għandu jiġi depożitat f’kont bankarju tiegħu u b’dan illi xejn ma jkun jostakola lir-rikorrenti li jagħmel talba sabiex jiżbanka xi ammont fil-parametri tal-limitu ta’ €13,976.24 fis-sena akkordabbli skont il-liġi.

Din il-varjazzjoni qed issir ai termini tal-Artikolu 22A (1)(a)(b) tal-Ordinanza dwar il-Mediċini Perikolużi, Kap. 101 tal-Liġijiet ta’ Malta in segwitu ta’ digriet ieħor mogħti mill-Qorti Kriminali fit-30 ta’ Lulju, 2018, u ppubblikat fil-Gazzetta tal-Gvern tas-7 ta’ Awwissu, 2018, in segwitu ta’ digriet ieħor mogħti mill-Qorti Kriminali fis-26 ta’ Marzu, 2018, u ppubblikat fil-Gazzetta tal-Gvern tal-15 ta’ Mejju, 2018, in segwitu ta’ digriet ieħor mogħti mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja fl-14 ta’ Mejju, 2015, u ppubblikat fil-Gazzetta tal-Gvern tat-2 ta’ Ġunju, 2015, u in segwitu ta’ digriet ta’ ordni ta’ ffriżar  mogħti mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja (Maġistrat Anzjan Dr Silvio Meli) fl-20 ta’ Diċembru, 2010, li kien ippubblikat fil-Gazzetta tal-Gvern fl-24 ta’ Diċembru, 2010, fejn il-Qorti kienet ordnat is-sekwestru f’idejn terzi persuni b’mod ġenerali tal-flejjes u l-proprjetà mobbli jew immobbli kollha li jkunu dovuti lill-imsemmija jew li huma proprjetà ta’ Matthew Zarb, Franklin Orsini, Mark Anthony Bartolo, Mason Nehls and Duncan Caruana.

Illum, 27 ta’ Marzu, 2019

Reġistru tal-Qrati ta’ Ġurisdizzjoni Kriminali (Malta).

MARVIC PSAILA

Deputat Reġistratur, Qrati u Tribunali Kriminali

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 1st March, 2019, Application number 380/2019, by Renato Portelli and Claire Portelli whereby they prayed that it be declared open in their favour in the quota of one half (1/2) undivided share each one of them the succession of their mother Carmela Portelli, wife of Carmel sive Charles Portelli from whom she was legally separated, daughter of the late Michael Borg and Helen Borg née Borg, born in Valletta, resided in Birkirkara and died in Tal-Qroqq, Msida, Malta on the 27th June, 2018, aged 62, who held identity card number 0038256M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 22nd February, 2019, Application number 336/2019, by Maria Concetta sive Ċettina Psaila et whereby they prayed that it be declared open in favour of the same Ċettina Psaila wife of the decujus in the quota of one half (1/2) undivided share and in favour of his children Marica Galea and Josefa Aquilina in the quota of one fourth (1/4) undivided share each one of them the succession of Paul Psaila, husband of the applicant Ċettina Psaila, son of Joseph Psaila and Carmela née Coreschi, born in Ħaż-Żabbar, resided in Ħaż-Żabbar and died in Tal-Qroqq, Msida, Malta on the 12th September, 2018, aged 69, who held identity card number 0642749M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 5th March, 2019, Application number 398/2019, by Carmen Cuschieri, Salvina sive Silvana Borg, Maria Victoria sive Miriam Micallef, Thomas Mallia, Joseph Mallia, Margaret Galea and Abraham sive Brian Mallia brothers and sisters Mallia and brothers and sisters of the decujus whereby they prayed that it be declared open their favour in equal shares between them the succession of their brother Antonio sive Anthony Mallia, bachelor, son of the late Antonio Mallia and Anna Maria née Azzopardi, born in Msida, Malta and resided in Msida and died in Tal-Qroqq, Msida, Malta on the 16th September, 2018, aged 54, who held identity card number 0310764M.

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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the24th January, 2019, following a request by Dr Michelle Tabone noe it was ordered that deputy curators be chosen to represent the uncertain heirs of Grazio Mallia in the acts of the judicial letter number 220/2019 in the names Dr Michelle Tabone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed on the 21st January, 2019, Dr Michelle Tabone (ID 138371M) as Bursar of his Excellency Monsignour Charles J. Scicluna, Archbishop of Malta, Administrator of the Ecclesiastical Diocesan Entities of Malta, for and on behalf of the Carmelitine Fathers of Balluta St Julian’s, of Dar tal-Providenza and of Pontifical Mission Societies, as heirs of Emmanuela Mallia, solicits you so that within one week you come forward for the division and liquidation of the inheritances of Luigi Mallia deceased on the 6th September, 1953, of Giuseppa Mallia deceased on the 31st January, 1914, and Carmela Mallia deceased on the 20th August, 1935.

If you remain in default, the interpellant nomine will have no alternative but to proceed against you according to law.

So much for your own guidance.

With costs

Interpellant: Archbishop’s Curia, Floriana

Respondents:

1. Deputy curators for the uncertain heirs of Carmelo Mallia, Law Courts, Valletta

2. Deputy curators for the uncertain heirs of Antonia Vella née Mallia, Law Courts, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Robert G. Mangion, LLD, Doctor of Laws, today 24th January, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 7th March, 2019, Application number 423/2019, by Anna Schembri and Anthony Camilleri whereby they prayed that it be declared open in their favour in equal shares between them the succession of their sister Mary sive May Camilleri, already retired, unmarried, daughter of the late Carmel Camilleri and Maria Concetta née Mangion, born in Tas-Sliema, Malta, resided in Naxxar, Malta and died in Tal-Qroqq, Msida, Malta on the 19th June, 2018, aged 65, who held identity card number 0489452M.

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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the24th January, 2019, following a request by Dr Michelle Tabone noe it was ordered that deputy curators be chosen to represent the uncertain heirs of Antonia Vella née Mallia in the acts of the judicial letter number 220/2019 in the names Dr Michelle Tabone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed on the 21st January, 2019, Dr Michelle Tabone (ID 138371M) as Bursar of his Excellency Monsignour Charles J. Scicluna, Archbishop of Malta, Administrator of the Ecclesiastical Diocesan Entities of Malta, for and on behalf of the Carmelitine Fathers of Balluta St Julian’s, of Dar tal-Providenza and of Pontifical Mission Societies, as heirs of Emmanuela Mallia, solicits you so that within one week you come forward for the division and liquidation of the inheritances of Luigi Mallia deceased on the 6th September, 1953, of Giuseppa Mallia deceased on the 31st January, 1914, and Carmela Mallia deceased on the 20th August, 1935.

If you remain in default, the interpellant nomine will have no alternative but to proceed against you according to law.

So much for your own guidance.

With costs

Interpellant: Archbishop’s Curia, Floriana

Respondents:

1. Deputy curators for the uncertain heirs of Carmelo Mallia, Law Courts, Valletta

2. Deputy curators for the uncertain heirs of Grazio Mallia, Law Courts, Valletta.

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Robert G. Mangion, LLD, Doctor of Laws, today 24th January, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th March, 2019, in the records of the judicial letter number 3964/18, in the names Victor Scerri pro et noe vs Joseph Mary Portelli et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Chrismarmig Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Joseph Mary Portelli

Anna Portelli

Chrismarmig Company Limited (C 23992) of Flat 11, Belvedere Court, Triq it-Trill, Qawra

By means of this present Victor Scerri (ID 557361M) in his own name and for and on behalf and in the interest of the company St Anthony Woodworks of Triq il-Fortizza, Mosta, whilst making reference to the constitution of debt deed of the 2nd August, 2018, in the records of Notary Doctor Malcolm Mangion where you constituted yourself as certain, true and liquid debtors in favour of the interpellant in the amount of €92,311.80, warns you that you have lost the benefit of time granted to you in terms of the same public deed, and consequently solicit you to pay the total amount of €92,311.80 with interest of eight per cent (8%) from the date of the act till the date of effective payment.

This judicial letter is being made so the debt abovementioned which is certain, true and liquid as set out in the public deed of Notary Doctor Malcom Mangion dated 2nd August, 2018, is rendered executable against you according to articles 253(b) and 256(2) of Cap. 12.

In default of payment of the total amount, the interpellant is going to proceed against you through his executive title according to law.

So much so you may know how to proceed.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th January, 2019, in the records of the judicial letter number 2858/18, in the names Joseph Bartolo vs Teknika Consult Marketing Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Teknika Consult Marketing Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

Teknika Consult Marketing Limited (C 442) of Apartment 6, Block A, Carol Mansion, Triq il-Keffa, Swieqi

By means of this present Joseph Bartolo (ID 249549M) of 25, today 3, Triq it-Torri, St Paul’s Bay, whilst making reference to the judicial letter sent by the company dated 1st August, 2018, and notified to the applicant Bartolo on the 2nd August, 2018, the applicant Joseph Bartolo informs you that he never ever built any additional structures without permit and never did he assume any responsibility according to the agreement dated 10th May, 1995.

With all due respect the applicant according to the agreement is obliged to carry out mantenance and repair works in the existing structures, and so the applicant Joseph Bartolo never ever assumed any responsibility for the structures which were not built by him. This responsibility falls solely on the respondent company. Surely the applicant Bartolo cannot respond for faults caused by others.

Thus, the applicant Joseph Bartolo categorically denies all the allegations set out in the judicial letter dated 1st August, 2018, and these allegations are surely unfounded in fact and at law.

The applicant Joseph Bartolo reminds the respondent company that by means of a judicial letter dated 26th June, 1997, the applicant Bartolo had already stated his position.

The applicant Joseph Bartolo solicits you from further putting forward allegations and claims which are entirely unfounded.   

So much so you may know how to proceed and to avoid useless judicial costs including the costs of these two responsive judicial letters abovementioned.

With costs

This judicial letter is being made to protect all the rights that the applicant Joseph Bartolo has inter alia according to Cap. 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th December, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2030/2018 in the names Carmel sive Lino Farrugia et vs Grech’s Limited, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Grech’s Limited (C 1863) of 147, Triq San Sebastjan, Ħal Qormi

By the present, Carmel sive Lino Farrugia (ID 40256M), Alessandro sive Sandro Farrugia (ID 121657M), Joseph Farrugia (ID 51366M), Maria Gabriella sive Mariella Farrugia (ID 448758M) and Angela Incorvaja wife of Mario (ID 197561M) brothers and sisters Farrugia of 33, Triq il-Kitba, Fgura FGR 2110, solicit you so that within fifteen (15) days from the date of notification of this letter you pay the sum of €920.80 representing the installment of rent due by you that had to be paid in advance for the period from the 1st July, 2015, till the 30th June, 2016, of the premises bearing number 147, previously 154, Triq San Sebastjan, Ħal Qormi, leased to you for commercial purposes according to two deeds dated 9th November, 1968, and 28th August, 1969, both in the records of Notary Joseph Gatt.

If you fail to comply with the above within the time given to you, further procedures to evict you according to law will be initiated against you. 

This judicial letter is being made in terms of Cap. 69 of the Laws of Malta.

So much for your own guidance.

With costs and legal interest on the amount due from the date of notification of this letter till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 20th March, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 30th May, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Unnumbered garage named ‘Elia’ in Triq il-Kanun, Ħal Qormi, other times referred to as Santa Venera. The said garage is bounded on East by Triq il-Kanun, North by property of Emanuel Galea and on the South by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of forty-one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty-five euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 20th March, 2019, in the records of the Warrant of Prohibitory Injunction in the names HSBC Bank Malta plc vs Montebello Peter et, Warrant Number 234/19 TA, the following publication was ordered for the purpose of service of the respondents Geoffrey Montebello, Ruth Montebello, Peter Montebello and Sharlet Montebello, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court, in the names (aplicant) HSBC Bank Malta plc (C 3177) against (respondents) Peter Montebello (ID 645281M), son of Spiridione and Teresa née Bonnici, born in Canada, Sharlet Montebello (ID 415065M), wife of Peter, daughter of Victor Vella and Angele Vella née Ciantar, born in Ħaż-Żebbuġ, Malta, Jeoffrey sive Geoffrey Montebello (ID 256772M), son of Spiridione and Teresa née Bonnici, born in Tal-Pietà, and Ruth Montebello (ID 182872M), wife of Jeoffrey sive Geoffrey, daughter of Louis Grech and Doris Grech née Debono, born in Ħ’Attard, on the 20th February, 2019, the applicant HSBC Bank Malta plc (C 3177) as represented respectfully pleaded:

That the interpellant in order to secure the credit hereunder mentioned against the respondents humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondents in order that they be withheld from selling, alienating, transferring or disposing both inter vivos or by onerous or gratuitious title and property and in particular to withhold the respondents from selling, alienating, transferring or disposing both inter vivos or by onerous or gratuitious title the property:

1. Villa without number with the name Villa Għall-Kwiet, situated in Triq il-Luq, in Iklin, sometimes indicated as Naxxar, which villa is built on a portion of land known as Tal-Iklin in the vicinity of Iklin, of the area of (1686msq) bordering on the North in part with an alley without name and in part with property of Carmelo Borg and on the South with property of Joseph Camilleri or his successors in title or more correct boundaries, property of Peter and Sharlet Montebello.

2. The sub-utile dominium of the divided portion of land together with the ameliorations built thereon, together with th airspace and its basement forming part of the lands known as ‘Iċ-Ċens’ sive ‘Iċ-Ċnus’ sive ‘Ix-Xagħra ta’ Għajn is-Sienja’ in the vicinity of Għajn Tuffieħa in the limits of Mġarr, Malta, consisting of a pill-box and three farmhouses, all of the superficial area of 25,380.84msq which property borders on the South with property of Paul Apap, on the East with property of Baron Galea and on the West with a street that leads to lands known as Tal-Lippija, Mġarr, property of Jeffrey and Ruth Montebello, which properties were acquired by the respondents as better described in this Warrant.

3. Villa together with the garage annexed and its airspace, in Iklin, in Triq ir-Razzett l-Aħmar, which villa is numbered twenty-nine (29) with the name ‘Il-Ħarruba’ built on a portion of land known as ‘Ta’ Barbara’ of the area of 704msq property of Jeffrey and Ruth Montebello as indicated in this Warrant of Prohibitory Injunction.

Thus, the interpellants humbly pray this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction in question against the respondents.

Credit: €9,892,017.67 (nine million eight hundred ninety-two thousand and seventeen euro and sixty-seven cents) including interest at 8% from the date of the contract of constitution of debt in the records of Notary Carmel Mangion of the 19th January, 2010, till the effective payment.

Title: Amount due by the respondents as surety in solidum of the principal debtor Jefpet Ltd as explained in the sworn application, filed in names HSBC Bank Malta vs Jefpet Ltd et, by application number 972/18 SM, copy annexed Doc. A.

Sgd. Adv. Joseph Camilleri

Confirmed before me by oath after I read its contents and in the presence of Rose Marie Vella, Deputy Registrar.

Warrant of Prohibitory Injunction (where the claim exceeds €11,646.00)

Republic of Malta 

To the Court Marshall

Whereas the above application was presented and there recurr the elements required by law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of Hon. Justice Toni Abela, Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names HSBC Bank Malta plc vs Montebello Peter et, Warrant Number 234/19 TA, has been deferred for hearing to the 1st April, 2019, at 9.30 a.m.

Applicant: 32, Triq il-Merkanti, Valletta

Respondents: 

Geoffrey Montebello, Il-Ħarruba, Triq ir-Razzett l-Aħmar, Iklin

Ruth Montebello, Il-Ħarruba, Triq ir-Razzett l-Aħmar, Iklin

Peter Montebello, Għall-Kwiet, Triq il-Luq, Iklin

Sharlet Montebello, Għall-Kwiet, Triq il-Luq, Iklin

Execution: 

1. Director of the Public Registry, Triq il-Merkanti, Valletta (two copies)

2. Land Registrar, Triq il-Punent, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 611/19 in the names Falcon Funds Sicav plc vs Philip Eaton Richards, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Philip Eaton Richards in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Philip Eaton Richards (ID 42520A) of Cuor De Gesu, Fl 1, Triq il-Belt Valletta, Ħal Qormi and/or 19, Flat 4, Triq San Ġużepp, Tas-Sliema

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, referes you to your role and/or involvement with Falcon Asset Management Limited, a company registered in Malta with registration number C71696, with Argentarius ETI Managemnet Ltd, a company registered in Malta with registration number C55597 and with Temple Asset Management Limited, a company registered in Malta with registration number C52606 as well as to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd March, 2019, in the records of the judicial letter number 611/19 in the names Falcon Funds Sicav plc vs Philip Eaton Richards, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Philip Eaton Richards in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To

Philip Eaton Richards (ID 42520A) of Cuor De Gesu, Fl 1, Triq il-Belt Valletta, Ħal Qormi and/or 19, Flat 4, Triq San Ġużepp, Tas-Sliema.

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role and/or involvement with Falcon Asset Management Limited, a company registered in Malta with registration number C 71696, with Argentarius ETI Managemnet Ltd, a company registered in Malta with registration number C 55597 and with Temple Asset Management Limited, a company registered in Malta with registration number C 52606 as well as to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th March, 2019, in the records of the judicial letter number 603/19 in the names Falcon Funds Sicav plc vs Kristmas Dzons sive John Walter Christmas, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Kristmas Dzons sive John Walter Christmas in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To

Kristmas Dzons sive John Walter Christmas (ID 49427A) of Portomaso 2351, Vjal Portomaso, St Julians and/or Watercourt Flat 3, Triq l-Imsida, Birkirkara.

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, referes you to your role with Temple Asset Management Limited, a company registered in Malta with registration number C 52606 and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Josephine Vassallo et vs Geneve Farrugia et, Application number 216/2018MV, the following publication was ordered for the purpose of effecting service on the respondents Geneve Farrugia and Mattheo Farrugia in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Josephine Vassallo (ID 303354M) and Francesco Saverio sive Francis Cassar (ID 184829M) for any interest he may have vs Geneve Farrugia (ID 103578M) and Mattheo Farrugia (ID 339177M) filed before the Rent Regulation Board on the 4th December, 2018, the applicant Josephine Vassallo (ID 303354M) and Francis Cassar (ID 339177M) request with respect that:

That the applicant Josephine Vassallo is the temporary emphyteuta for the remaining period of 150 years (beginning from the 9th November, 1963) of the boathouse without official number but which is marked with an unofficial number 89, which boathouse forms part of the Santa Maria Estate complex, and has the facade on a road without name which abuts on Triq ix-Xatt ta’ Santa Maria, limits of Għajn Żejtuna, Mellieħa;

The applicant acquired this property by means of a deed of donation from her parents Francis Cassar and Mary née Camilleri which deed is dated 11th June, 2018, in the acts of Notary Doctor Joseph Henry Saydon;

About 13 years ago the applicants’ parents leased this boathouse to the respondents and this with at rate of €1000 every 6 months without a written contract;

The applicant sent a letter of notice in the form of a judicial letter (Act number 3548/18) to the respondents dated 9th October, 2018 (Doc. A) and solicited them to return the keys of the leased premises by not later than the 9th November, 2018, and to further pay and/or make good for the expenses (actual) which were pending for water and electricity;

On the 15th November, 2018, the applicant realised that the respondent effectively renounced and/or abandoned the premises leased to them and this because they found the key of the boathouse in question deposited in a brown envelope and posted in a letterbox (Doc. B). In any case the respondents, or any one of them, had personally accepted and informed the applicant that they were returning the key and this as it is going to be proven;

This notwithstanding, the respondents remained in default in paying the water and electricity bills, which will probably be rather high as there is a substantial discrepancy between the estimates in the readings set out in the last bill sent by ARMS to that actually registered on the actual meter of water and electricity, and this as will be better proven during this case (Doc. C); 

As a consequence of this the applicant Josephine Vassallo cannot change the relative meters, which are in the name of her father Francesco Saverio Cassar, onto her name and this because the company ARMS insists that first the pending bills have to be settled. In addition, the applicant Francesco Saverio Cassar, and for this reason he is primarily participating in this case, can face further severe consequences by the said company ARMS Limited in default of payment, for example by disconnecting the services in his personal property;

In addition, the respondents failed to take care of the premises leased to them during the time and/or otherwise, fraudulently left the premises in a disastrous state according to the photo attached (Doc. D) and consequently the applicant Josephine Vassallo had to incur further costs for the necessary repairs;

Finally, the repondents still have to pay the rent due for the period between the 1st October, 2018, till the 15th November, 2018.

So this case has to be filed against the respondents.

Thus, the respondents are to state why the Board, for the reasons above mentioned, and saving any necessary and opportune declaration shout not:

1. Declare and decide that the respondents are responsible, by way of damages, for: (i) the payment of the actual bills and/or costs of water and electricity that are pending till the 15th November, 2018; and also (ii) for the expenses necessary for the repair of the leased premises; and also (iii) for the rent between the 1st October, 2018, till the 15th November, 2018, of the boathouse without official number, but which is marked with an unofficial number 89, which boathouse forms part of the complex of Santa Maria Estate and which has a faced on the road without name which abuts to Triq ix-Xatt ta’ Santa Maria, limits of Għajn Żejtuna, Mellieħa;

2. Liquidate the total amount of these damages as above mentioned;

3. Condemn the respondents to pay directly the applicant these damages with legal interest accrued from the 9th October, 2018 (the date of the judicial letter) till the date of effective payment and this within a short and peremptory period that will be fixed.

With costs of this present and with legal interest accruing from the 9th October, 2018, till the date of effective payment, including the costs of the judicial letter number 3548/18 of the 9th October, 2018, and of the garnishee order that was filed together with this case.

Applicant: Josephine Vassallo, No 2, Symphony, Triq Santa Marija, Ħal Għaxaq

Respondents: Geneve Farrugia, Mar Frank, Triq Luqa Briffa, Gżira

Mattheo Farrugia, Mar Frank, Triq Luqa Briffa, Gżira

The application in the names Josephine Vassallo et vs Feneve Farrugia et Application number 216/2018MV has been postponed for hearing to the 30th April, 2019, at 10.30a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of decree by the Civil Court (Family Section) on the 5th December, 2017, in the records of the Sworn Application, in the names Lowell Gemma sive Jennifer Lowell Norman George, Application Number 192/17 AGV, the following publication was ordered for the purpose of service of the respondent Norman George Lowell, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Gemma sive Jennifer Lowell (KI 557446M) vs Norman George Lowell (KI 621346M) on the 18th August, 2017, the applicant Gemma sive Jennifer Lowell (ID 557446M) asked this Honourable Court:

1. To pronounce and declare the separation between the parties for grievous reasons and torts imputable exclusively to the respondent amongst which adultery, excesses, grievous insults and threats committed by the respondent on his wife as well as because the marriage of the parties irretrievably broke down and uphold the other demands in the application.

With costs, against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the names Lowell Gemma sive Jennifer vs Lowell Norman George, Sworn Application number 192/17 AGV, has been deferred for hearing to Tuesday, 9th April, 2019, at 9.00 a.m.

Notify Respondent: 7, Ave Maria, Triq il-Plejju, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 7th January, 2019, on the application of HSBC Bank Malta plc (C 3177), Thursday, 20th June, 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 numbered 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Flat numbered one (1) on the first floor of a block of two flats and underlaying garages, without number named Davpol, also with number thirty-six (36), Triq tal-Mensija, San Ġwann, together with the relative share of the common parts in common with the underlaying flat, including the roofs. This flat is subject to annual and perpetual ground rent of forty-six euro and fifty-nine cents (€46.59), payable in advance on the first day of July every year. This block is bounded on the East by the said street, on the North by property of Carmelo Debono and on the South by property of Raymond Baldacchino as described in public contract of Notary Maurice A. Gambin acts, dated 7th November, 1994, and is being valued at one hundred and fifty thousand euro (€150,000)

The said tenement is the property of Michael Balzan Limited (C 15764).

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Anna sive Joanne Agius et (ID 286960M) filed an application under oath (No. 307/2019/LSO) demanding Correction in the Acts of Birth Nos: 2869/1960, 989/2002, 4389/2000 and 252/1998 and in the Acts of Marriage numbers: 45/1983 and 367/2015 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals