Court Notices published in the Government Gazette 20,181 of 2nd May 2019

By means of a decree of the 14th January, 2019, of the Rent Regulation Board, in the records of the Application in the names Gioacchino sive Joachim Calleja et vs John Dalli et, Application Number 166/2018JD, the following publication was ordered for the purpose of effecting service on the respondent John Dalli 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 Gioacchino Calleja known as Joachim Calleja (ID 904247M) and Maria Concetta Calleja (ID 320047M) vs John Dalli filed before the Rent Regulation Board on the 23rd October, 2018, the applicants Gioacchino sive Joachim Calleja and Maria Concetta Calleja request with respect and Gioacchino sive Joachim Calleja confirmed on oath that:

The applicants are the owners of the premises number 63 previously 35, known as Pax situated in Triq San Mikiel, Fgura, which premises were acquired by the applicant Gioacchino sive Joachim Calleja, from Maria, widow of Gio Maria Calleja, according to a deed of sale dated 22nd July, 1984, in the records of Notary Dr Antoine Agius;

The premises mentioned were originally leased to the respondent John Dalli together with his wife Ġużeppa sive Josephine (ID 516639M) in 1965 from the father of the applicant Gianmarì Calleja and this at the rent of €289.80 payable every six (6) months in advance;

It results that the respondent John Dalli has not been living in the premises in question for a number of years and this as acknowledged by the Civil Court (Family Section) in the judgment dated 25th February, 2011, (Application Number 2806/97JA) and the premises ended up being vacant on the 12th November, 2011, upon the death of Josephine Dalli, the only resident of the said premises;

After the death of his wife John Dalli alleged that he is still making use and/or is occupying the premises, but this allegation is erroneous and untrue as it will be shown in these proceedings;

Notwithstanding the fact that the respondent is not using the premises, he is refusing to give back the possession of the premises to the applicants who are the owners.

Thus, the applicants request with respect this Honourable Board, and saving any necessary and opportune declaration, to:

1. Declare that the respondent is not using the premises number 63 previously 35 known as Pax that is found in Triq San Mikiel, Fgura, for the reason for which it was leased;

2. Authorise the applicant to resume possession of the premises number 63, previously 35, known as Pax situated in Triq San Mikiel, Fgura;

3. Order the eviction of the respondent from the premises number 63 previously 35 known as Pax situated in Triq San Mikiel, Fgura.

With judicial costs including the judicial letter number 3271/18 against the respondent who is from now summoned so that a reference to his oath be made.

The applicants humbly reserve the right to proceed against the respondent for any amount of rent that may be due and also the liquidation of damages suffered because of the illegal occupation and the abandonment of the premises.

Applicants: 67, Triq San Mikiel, Fgura

Respondent: John Dalli, 63, Pax, Triq San Mikiel, Fgura and/or 16, Santa Maria, Triq is-Sliema, Marsascala

The application in the names Gioacchino sive Joachim Calleja et vs John Dalli, Application Number 166/2018JD, has been postponed for hearing to the 13th May, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 15th April, 2019, in the records of the Sworn Application in the names Gazla Hamida Sharif vs Azzopardi Oliver, Application Number 249/19 LM, the following publication was ordered for the purpose of service of the defendant Oliver Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names Hamida Sharif Gazla (ID 405904L) vs Oliver Azzopardi (ID 383667M) on the 8th March, 2019, the plaintiff Hamida Sharif Gazla (ID 405904L) asked this Honourable Court:

1. To declare that the defendant is bound in terms of law and also in terms of the conditions of the preliminary agreement dated 12th February, 2018 (duly registered with the Commissioner for Revenue with number PS201804430) to come forward to the publication of the final deed of sale and transfer in virtue of which he is bound to sell, assign and transfer in favour of the plaintiff the property indicated in the said promise of sale or rather house semi-detached together with basement garage, built on plot number 222 and with the name White Pampas in Triq l-Imħallef William Harding, Pembroke, Malta, as better described in this application, subject to the annual and perpetual groundrent, otherwise free and unencumbered and uphold the other demands in the application, including the payment of damages if it be the case. 

With costs and legal interest against the defendants as demanded in the application and the defendants are summoned so that a reference to their evidence be made.

The Sworn Application in the names Gazla Hamida Sharif vs Azzopardi Oliver, Application Number 249/19 LM, has been deferred for hearing to the 15th May, 2019, at 9.00 a.m.

Defendant: 222, Triq l-Imħallef William Harding, Pembroke

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals