Court Notices published in the Government Gazette 20,199 of 28th May 2019

By means of a decree given by the Civil Court (Family Section) on the 18th April, 2019, in the records of the acts of Mediation in the names Tanti John vs Tanti Nicolette, Mediation 371/19/2 JPG, the following publication was ordered for the purpose of service of the respondent Nicolette Tanti, in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an Urgent Application, filed in the Civil Court (Family Section) in the Records of the Mediation in the names John Tanti (ID 378768M) vs Nicolette Tanti (ID 402766M) on the 21st March, 2019, the applicant John Tanti (ID 378768M) respectfully pleaded:

That the parties consensually separated by means of a public deed of the 17th September, 2018.

That in clause six (6) of the contract of separation (Doc. A) the parties agreed that the care and custody of the minor son, … omissis …, is to be joint.

That the applicant was contacted by the Assistant Head of St Claire’s Secondary School, the school were their minor son … omissis … attends, whereby the latter informed the applicant that the teachers of the minor had noticed bruises on the minor’s back.

That both the applicant as well as the school authorities strongly suspect that these bruises were inflicted by the respondent.

That in the context of this, the interpellant is filing this application with great caution in order to demand the intervention of the Court so that in the supreme interest of the minor the facts be established.

Thus, the interpellant humbly prays that this Honourable Court appoint a children’s psychologist and/or other experts in order to report on the condition of the minor and whether the minor is subject to any form of physical abuse.

Saving any other provision that this Honourable Court may impose.

Applicant: Moro Flats, 104, Flat 3, San’Antnin, Buġibba

Respondent: Marshall Court, Blk D, Flat 67, Triq ir-Rebħa, Gżira

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 21st January, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

AC Fuels Limited (C 60673) of 14, Triq Ċensu Borg, Ħamrun, filed a claim on the 19th July, 2018, whereby they asked the Court to condemn Dimbros Limited (C 32506) of Ludwig Garage, Triq Dun Salv Ciappara, Ħaż-Żebbuġ (Malta), to pay the plaintiff company the sum of €5040.36 which amount is due to the plaintiff company.

With costs and interests

The case (Notice Number 170/2018MLF) is deferred to the 26th June, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

By means of a decree, given by the Courts of Magistrates (Gozo), Superior Jurisdiction, (Family Section) on the 22nd May, 2019, in the records of the sworn application number 9/2019BS, in the names Paul James Doran (ID 73617A) vs Deputy curators appointed to represent the absentee Marie Doran, ordered the publication of the extract reproduced hereunder for the purpose of service to represent the respondent absentee Marie Doran in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed on the 17th May, 2019, in the Courts of Magistrates (Gozo), Superior Jurisdiction, Family Section, in the records of the sworn application number 9/2019BS, in the names Paul James Doran (ID 73617A) vs Deputy curators appointed to represent the absentee Marie Doran, the applicant Paul James Doran (ID 73617A) respectfully pleaded:

That parties got married on the fourteenth (14th) of July, 1988, at St John the Evangelist Parish Church in Kilbarrack/Foxfield, Dublin, Ireland as confirmed by the Act of Marriage annexed and marked as Document A;

That separation proceedings commenced in 2007 and the first provisional separation order was given by the Irish Court on the 16th January, 2008, as evidenced by the Court Order attached and marked as Document B. Parties have been separated de facto since 2007. Legal separation between them was definitively pronounced by virtue of a court decree emanated by the Kildare Family Court Ireland dated 27th April, 2016. A copy of the relative decree is attached and marked as Document C;

That there is no possibility of the couple reconciling and all attempts at reconciliation have failed. Today both parties lead separate lives. Marie Doran lives in Ireland and she has numerous times refused to have any contact whatsoever with applicant Paul James Doran. Indeed applicant does not even know where she resides;

That maintenance which is to be paid to the wife has already been regulated in the separation decree emanated by the Irish Courts as confirmed by the same Document C. The couple’s child is over age;

That applicant is filing this application before the Maltese Courts since he now has a Maltese residence permit bearing the reference number MT 6644845 (Document D) and nowadays he is domiciled in Malta;

That applicant is confirming the contents of this document on oath;

Therefore applicant is humbly requesting the Court to:

1. Pronounce divorce between the parties;

2. Order the Director Gozo Courts to inform the Director Public Registry (Malta) and Director Public Registry (Gozo) within the timeframe imposed by this Court so that the Director Public Registry (Malta) and the Director Public Registry (Gozo) would make the necessary annotation at the Public Registries in Malta and Gozo.

You are therefore ordered to affix an official copy of this bann at the entrance of this Court and to summon whosoever wishes to act as curator to appear before this Registry within six (6) 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 Courts of Magistrates (Gozo), Superior Jurisdiction, (Family Section), with the witness abovementioned of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the abovementioned Court. 

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 8th May, 2019, following a request by Emanuel Vella et it was ordered that deputy curators be chosen to represent the estate of Vittorio Gauci and of Pietro Falzon in the acts of the schedule of deposit number 830/2019 in the names Emanuel Vella et vs Lisa Pace nomine et nomine and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Emanuel Vella, company director, son of the late Joseph and Josephine née Ciappara, born in Naxxar on the 14th January, 1956, together with his wife Josephine Vella, wife of Emanuel, house wife, daughter of Joseph Galea and Josephine née Giordmaina, born in Tal-Pietà on the 20th October, 1954, both residing in Naxxar (ID 107256M and 807654M respecitvely) vs Lisa Pace, daughter of Emanuel Pace and Antonia née Vella, born in St Julian’s on the 24th September, 1979, and residing in Ibraġ (ID 529379M) for and on behalf of i) the estate of Joseph Pace, son of Lorenzo and Lukrezia née Agius, born in Ħamrun and previously residing in Ħamrun (ID 642620M) ii) of Carmelo Fenech, son of Martin and Caterina née Sammut, born in Birkirkara and residing in Tas-Sliema iii) of Terry Limited (C 4920 Fawwara Buildings, Triq Ġużè Fava, Tas-Sliema) and deputy curators to represent the estate of Vittorio Gauci, farmer son of Antonio and Margherita née Xuereb, born and previously residing in Naxxar and of Pietro Falzon, farmer son of Luqa and Domenica née Azzopardi, born and previously residing in Naxxar on the 24th April, 2019, the applicants Emanuel Vella et respectfully submitted:

That the applicants are in possession of two plots marked as number 61 and 62 from the land known as Ta’ Snalu sive Ta’ Sqaq it-Torri, sive Ta’ Sqaq Mismut, limits of Naxxar of the superficial measurement of about 180 square metres and 188 square metres respectively, including in the said measurement there is part of the road, and contiguous together since they are contiguous from the South by a planned road without name, from the East with plot number 60 and from the West with plot number 63, both on the same site, and as better described on the plan attached in the acts of Notary Doctor Tonio Spiteri of the 5th March, 1982, and as better described in the relative deeds of sale one in the records of Notary John Spiteri of the 4th July, 2000, Doc. A and the other in the acts of Notary Tonio Spiteri of the 27th May, 1982, Doc. B, which plots are subject to the annual and perpetual groundrent and sub-groundrent of €116.47 equivalent to Lm50 Doc. C, as shown in the site plan here attached and marked as Doc. D;

That according to the said deed of Notary Tonio Spiteri of the 27th May, 1982, the original ground rent amounts to €23.29 equivalent to Lm10 whilst the balance of €93.18 equivalent to Lm40 represents an increase in the sub ground rent which was made in favour of Joseph Pace, Carmelo Fenech and Terry Limited in equal shares between them;

That the applicants do not know who the heirs of Vittorio Gauci and Pietro Falzon are and so they are requesting the appointment of deputy curators to represent their interests;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code and thus redeem the same groundrent and subgroundrent that amounts to €2,329.40.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €2,329.40 representing as for the sum of €465.80 the ground rent due for the immovable abovementioned due to the owners of the original ground rent and as for the sum of €1,863.60 due as sub ground rent for the immovable abovementioned due to Joseph Pace, Carmelo Fenech and Terry Limited, which amount may be freely withdrawn by the respondents after leaving the relative receipt.

Applicants: 

45, Rising Sun, Triq l-Għennieq, Naxxar

Service:

1. Director Public Registry, 197, Triq il-Merkanti, Valletta

2. 59, Nizza, Triq tal-Franċiż, Ibraġ

3. Deputy curators, 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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 272/2017 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 20th May, 2019, given by the Court of Magistrates as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech LLD) after an application filed by Joseph Calleja on the 15th May, 2019, Compilation Number 288/2017, in the case in the names:

The Police 

(Inspector Matthew Vella)

(Inspector Priscilla Caruana Lee)

Versus

Joseph Calleja, 62 years, clerk, son of the late Raphael and of the late Gasparina nee Cutajar, born in Ħal Qormi, Malta on the 17th September, 1956, residing at number 32, Shaday, Triq Don Alvaro De Sande, Mosta, Malta and holder of Maltese identity card bearing number 655056M.  

The Court authorised the accused Joseph Calleja to receive the amount permitted by law which is thirteen thousand nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year and therefore that amount has to be released.

This variation is made in terms of Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta following another decree given by the Criminal Court on the 9th October, 2018, and published in the Government Gazette of the 13th November, 2018, and following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Joseph Mifsud LLD) on the 7th July, 2017, and published in the Government Gazette of the 21st July, 2017, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Joseph Calleja.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals

DKR 1/2019 – GENERAL INTERDICTION

It is being notified that by judgement dated 16th May, 2019, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera LLD), Appeal Number 364/2015, in the case in the names:

The Police 

(Inspector Kylie Borg)

vs

Maria Pawla Grixti, 27 years, daughter of Raymond and Catherine nee Falzon, born in Ħaż-Żabbar, Malta on the 8th March, 1992, residing at number 108, Schembri Court, Flat 1, Triq il-Bronja, Żurrieq, Malta holder of Maltese identity card bearing number 139492M.

The Court ordered the general interdiction, also the interdiction to serve as a witness, except before the Court of Justice, and as an architect, in any case and this for a period of ten (10) years starting from judgement date of the said Maria Pawla Grixti and this according to section 109 of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree of the 22nd January, 2019, of the Civil Court First Hall in the records of judicial letter number 9/2019, in the names Commissioner for Revenue vs Fashion Retailers Limited, the following publication for the purpose of service on the respondent company was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Fashion Retailers Limited (C 36172) of Benetton, Level 2, Plaza Shopping Centre, Triq Bisazza, Tas-Sliema

By the present the Commissioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €363,056.62 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.

So much so that you may know how to proceed and to regularise your position.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 22nd May, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the 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 Michael Attard Limited (C 33262) on the 21st May 2019, the approval of the said judicial acts is being demanded for the amount of €21,861.00 following judicial sale by auction 35/14 in the names Michael Attard Limited vs Raymond u Philomena Buhagiar held under the Authority of the said Court on the 13th May, 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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th April, 2019, Application number 714/2019 by Notary Joseph Abela for the applicants Helen Cini, Daniela Maria Cini and David Cini whereby he requested that the succession of George Cini, husband of Helen Cini née Bezzina, son of the late Joseph Cini and Rita Cini née Saliba, born in Żebbuġ (Gozo), Malta and resided in Swieqi, Malta and died in Tal-Qroqq, Msida, Malta on the 29th December, 2018, aged 71 and who held identity card number 0056647G, be declared open in favour of Daniela Maria Cini and David Cini children of the deceased in equal shares between them subject to the legacy in favour of the Helen Cini wife of the deceased consisting of the right to use and usufruct of the universal assets of the deceased.

Wherefore any person who believes 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 of the 7th February, 2019, in the records of the judicial protest number 302/18 in the names Mario Abela et vs Patrick Guntrip et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Patrick Guntrip in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Mario Abela (ID 631861M) and Carmelo Abela (ID 0502856M) 

vs

Patrick Guntrip (ID 278475M), Planning Authority and Seaview and Sons Limited (C 24540) for any interest they may have

Judicial Protest of Mario Abela (ID 631861M) and Carmelo Abela (ID 0502856M) request with respect:

That the applicants are the owners of the urban and residential property with official number 9, that is found in Triq Żafran, Marsascala;

The abovementioned property is found adjacent to the property which has a development permit, which permit was issued by the Planning Authority and has the number PA04411/09 and which development is subject to an extension with number PA06604/18;

The aforementioned development consists, amongst others, in the construction of a petrol station that includes an office, shop, garages, car wash and also a space for car park;

The Fuel Station Policy issued by the Planning Authority in April 2015, previously Malta Environment Planning Authority (MEPA), stipulates that certain zones are not qualified to be considered for Fuel Stations to be developed thereon;

That the building of the Fuel Station will be adjacent to the residence of the family Abela that amongst them includes the applicants, and as a result there will be a direct and negative impact amongst others on the health and security of the applicants;

In addition, from the report published in January 2017 by the Environment and Resources Authority it results that the operation of the Fuel Station may in one way or another be to the irreversible detriment to the surrounding environment and apart of this, the same Environment and Resources Authority listed several other points of concern which will have a negative impact;

That the construction of the Fuel Station is already in breach of the rights and fundamental freedoms of the applicants since their right of enjoyment to their property as their primary residence is being diminished, besides having a negative direct impact on the value of the property of family Abela, amongst whom, the applicants;

This fundamental right to enjoy their property is given to the applicants, including all the Abela family, both in terms of the Constitution of Malta and also in the European Convention for the protection of the Human rights and fundamental Freedoms.

Thus the applicants while bringing to the formal notice of the respondents, solicit them so that they immediately stop from carrying out any works, notwithstanding any permits that they have, or may have, and they are also holding the respondents responsible for damages already suffered and those that they may still suffer in the future and which are caused directly and/or indirectly by them, and as of now they put them on notice, for all effects and purposes at law. 

Applicants: 

Mario Abela, 9, Triq Żafran, Marsascala

Carmelo Abela, 9, Triq Żafran, Marsascala

Respondents:

Patrick Guntrip, 98, Triq il-Baltiku, The Village, San Ġwann l/o St Julian’s

Planning Authority, St Francis Ravelin, Floriana FRN 1230

Seaview and Sons Ltd, Pitstop Service Complex, Triq l-Imdina, Ħ’Attard

Notification: 

Environment and Resources Authority

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

By means of a decree, given by the Courts of Magistrates (Gozo) Superior Jurisdiction (Family Section) on the 26th April, 2019, in the records of the sworn application number 7/2019PC, in the names Dirk Piersma (ID 142408) vs Deputy curators appointed to represent the absentee Dina Piersma Hefny, ordered the publication of the extract reproduced hereunder for the purpose of service to represent the respondent absentee Dina Piersma Hefny in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed on the 26th April, 2019, in the Courts of Magistrates (Gozo), Superior Jurisdiction, Family Section, in the records of the sworn application number 7/2019PC, in the names Dirk Piersma (ID 142408A) vs Deputy curators appointed to represent the absentee Dina Piersma Hefny, the applicant Dirk Piersma (ID 142408A) respectfully submits:

1. That the applicant married the respondent Dina Piersma Hefny, of Indonesian nationality, on the twenty-third (23rd) of December of the year nineteen hundred and eighty-two (1982) in Jakarta, Republic of Indonesia (Document A).

2. That the parties have been de facto separated for more than four years and there is no hope that the parties may reconcile since they have no contact with each other.

3. That from this marriage a child was born who turned thirty-four (34) years old.

4. That notwithstanding that the parties have lived separately for these past years and that there is no contact whatsoever between them, they have not been legally separated or divorced (as far as the applicant knows).

5. That the applicant has lived in Malta since August two thousand and fourteen (2014).

6. That the applicant wishes for a divorce to be granted by this Honourable Court.

Applicant therefore respectfully requests this Honourable Court to:

1. Pronounce divorce between the parties of their marriage celebrated on the twenty-third (23rd) of December of the year nineteen hundred and eighty-two (1982) in Jakarta, Republic of Indonesia.

2. Order the Registrar, Gozo Courts and Tribunals to notify the Director of the Public Registry of Malta within a specified term of its decision taken in terms of sub-article four (4) of article sixty-six letter A (66A) of the Civil Code, Cap. XVI of the Laws of Malta.

With all costs to be borne by the respondent who is being subpoenaed as from today

You are therefore ordered to affix an official copy of this bann at the entrance of this Court and to summon whosoever wishes to act as curator to appear before this Registry within six (6) 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 Courts of Magistrates (Gozo) Superior Jurisdiction (Family Section), with the witness abovementioned of Magistrate Dr Paul Coppini, Magistrate of the abovementioned Court. 

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 7th May, 2019, of the Rent Regulation Board, in the records of the Sworn Application in the names Joseph Borg vs Isaac Redent Borg et, Application Number 50/2019MV, the following publication was ordered for the purpose of effecting service on the respondents Isaac Redent Borg and Kayleigh Cauchi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a sworn application in the names Joseph Borg (ID 0009163M) vs Isaac Redent Borg and Kayleigh Cauchi filed before the Rent Regulation Board on the 11th March, 2019, the applicant Joseph Borg requests with respect and confirmed on oath:

The applicant rents the premises Block 5, Door C, Flat 1, Misraħ Lewża in San Ġwann from the Housing Authority;

That approximately in September 2018, whilst the respondent, that is the son of the applicant and his girlfriend were expelled from Isaac Borg’s mother’s house where they were living, the applicant accepted to welcome them at his home as an act of charity and so as not to remain without a place to live, more because the respondent Isaac Redent Borg had impregnated the respondent Kayleigh Cauchi;

Notwithstanding the gesture he made with them, the same respondents filed frivolous and vexations criminal proceedings against the applicant, which proceedings are still pending before the Magistrates Court as a Court of Criminal Judicature and as a result of the same the applicant was expelled from his own home;

When requested to leave and vacate the premises Block 5, Door C, Flat 1, Misraħ Lewża, in San Ġwann permanently by means of judicial letter number 617/19 dated 18th February, 2019, duly notified to the respondents, they remained in default;

Because they do not have any right and/or title to occupy the said premises the respondent do not have any defence to bring and therefore this case can be decided summarily without proceeding to trial.

Thus, the respondents are to state why this Honourable Board should not:

1. Determine and decide this case without proceeding to trial in terms of article 16A of Cap. 69 of the Laws of Malta;

2. Order that the respondents leave and vacate the said premises permanently and this within a short and peremptory period fixed by this Honourable Board.

With costs, including those of the judicial letter and of these procedures, against the respondents who are from now summoned so that a reference to their oath be made.

Applicant: Joseph Borg, Flat 7, Door B, Block 14, Triq Fontanier, Ħal Qormi

Respondents: Isaac Redent Borg and Kayleigh Cauchi, Block 5, Door C, Flat 1, Misraħ Lewża, San Ġwann

The application in the names Joseph Borg vs Isaac Redent Borg et, Application Number 50/2019MV, has been postponed for hearing to the 6th June, 2019, at 10.45 a.m. 

By order in terms of article 16A (1)(b) of Cap. 69 of the Laws of Malta you have to appear in front of the Board abovementioned on the day and time that are established and notified to you after the written procedures are closed.

In terms of Article 16(A)(1)(c) of Cap. 69 of the Laws of Malta you are warned that these are special summary procedures, in which procedures the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting (does not appear although duly notified) or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request. 

So it is in the interst of who receives this sworn application to contact a lawyer immediately so that the Court will hear what he has to say in the suit. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2612/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Pauline Bonnici, the following publication was ordered for the purpose of effecting service on the respondent Pauline Bonnici in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Pauline Bonnici (ID 103176M) of 20, Triq Carmelo Dimech, Mosta

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 €2084.77, 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 101000163552 for the premises Flat 2, St Joseph Flats, Triq Carmelo Dimech, Mosta.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd January, 2019, given by the Civil Court First Hall in the records of judicial letter number 845/18, in the names Registrar of Civil Courts and Tribunals vs Gabriella Fumia, the following publication was ordered for the purpose of effecting service on the respondent Gabriella Fumia in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Fumia Gabriella of A Cisca, Maisonette 2, Saint Anthony Court, Triq Santa Rita, Rabat

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €100.66 due by you as Registry fees in connection with the law suit in the names:

Fumia Dr Gabriella vs Director General Veterinary & Phytosanitary Regul. Dept et (SM) decided on the 4th October, 2017. 

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3015/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Creative Marketing Ltd, the following publication was ordered for the purpose of effecting service on the respondent company Creative Marketing Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Creative Marketing Ltd (C 14302) of Level 5, Suite 2, The Plaza Commercial Centre, Triq Bisazza, Tas-Sliema

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 €3,089.87, 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 101000263020 for the premises Gasan Court, Garage 19, Triq Testaferrata, Ta’ Xbiex.

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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 28th February, 2019, following a request by Carcas Developments Company Limited it was ordered that deputy curators be chosen to represent the owner or his predecessors in title of the premises with number 15 previously 114, Triq il-Bajja is-Sabiħa, Birżebbuġa in the schedule of deposit number 422/2019 in the names Carcas Developments Company Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Carcas Developments Company Limited (C 4726) and with the registered office of 2, Triq Żebra, Birżebbuġa vs deputy curators for and on behalf of the owner or his predecessors in title of the premises number 15 previously number 114, Triq il-Bajja s-Sabiħa, Birżebbuġa, on the 27th February, 2019, the applicant Carcas Developments Company Limited (C 4726) respectfully submitted:

The applicant company enjoys by title of annual and perpetual ground rent the property number 15 previously 114, in Triq il-Bajja s-Sabiħa, Birżebbuġa and this as better described in the site plan here attached and marked as Document A and which property today forms part of the premises Seabreeze Hotel, number 44, Triq Żebra, Birżebbuġa;

That the annual and perpetual groundrent regarding the said property is of five pounds and five shillings equivalent to €12.23;

The applicant company wishes to redeem the ground rent of this property by availing itself of the option in Article 1501 of the Civil Code;

The amount capitalised at the rate of 5% amounts to €244.60;

It is being declared that after searches were carried out, the applicant company cannot trace the direct owner and thus with this present schedule of deposit it is filing an application for the appointment of deputy curators.

Thus, the applicant company is calling upon this Honourable Court and under its authority is depositing the amount of €305.75 representing as for €244.60 as the annual and perpetual ground rent and the amount of €61.15 representing the last five years of ground rent, which amount may be freely withdrawn by the respondents after leaving the relative receipt.

Service: 

Deputy curators, Law Courts, Valletta

Director Public Registry, Triq id-Dejqa, Valletta

Lands Registrar, Casa Bolina, Triq il-Punent, 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 Justice Toni Abela, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Appeals Small Claims Tribunal) on the 5th April, 2019, in the records of the Application in the names Aluserv Ltd vs Aiden Xuereb, Application Number 214/16/1, the following publication was ordered for the purpose of service of the respondent Aiden Xuereb, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the Court of Appeal (Appeals Small Claims Tribunal) from the judgement of the Small Claims Tribunal, Claim Number 214/2016, in the names Aluserv Ltd vs Aidan Xuereb, decided 19th April, 2017, the applicant company Aluserv Ltd (C 16207) respectfully pleaded:

That the appellant filed a claim before the Small Claims Tribunal, whereby he asked so that the appellant pay the amount of €1,106.24 representing balance of price of works of aluminium windows which were made by the plaintiff company following the request of the defendant.

That on the 19th April, 2017, the Small Claims Tribunal decided this cause by saving that it upholds the pleas of the defendant and rejects the plaintiff’s demands, with costs against the plaintiff company.

That the plaintiff company felt aggrieved that the Tribunal went against the dictates of impartiality and equity according to law and this cause prejudiced the rights of the appellant and is thus appealing from this judgement.

The facts in brief

That the plaintiff company made various aluminium works in the defendant’s house. There were problems in a particular door and this because when the plaintiff company was asked to take the measurements of the door the tiles were not yet fixed and thus when they went to place the door on site the measurements did not tally ... omissis ... There was an agreement in the sense that the plaintiff company was not expecting payment for the remedial work, but insisting that the payment for the door always remained due.

The grievance

That it is stated in the first place that although part of this grievance badly affects the evaluation of the proof, whilst the appellant is conscious of the jurisprudence in the matter, this does not mean that this grievance is a prioro legally or juridically inconcievable.

… omissis …

That the Tribunal in a grievous manner went against the dictates of impartiality and equity according to law and this cause prejudiced the rights of the appellant when he chose to rely on the evidence of the defendant without any proof being brought and against the well established principle that who alleges has to proof and manifestly against that which was proved before it.

That the appellant refers to the cause Carmel Gerada vs Charles Borg Barthet, of the 29th January, 1999, whereby the Court said: ‘An Appeal from the decision of the Tribunal is only allowed when the Tribunal has gone against the dictates of natural justice and that cause has grievously prejudiced the rights of the appellant’.

That is has been decided that ‘justice and equity’ require that a Tribunal’s decision be based on the proved facts.

… omissis …

The defendant alleges that there was a person employed with the plaintiff company, Matthew Joslin, who had settled this balance because the door was not made according to the trade and art but brought no proof in this regard neither by correspondence and nor by bringing the person to testify as regards this fact.

… omissis …

In fact it is true that there was a gate which had been fixed and which costs €300 which was given to the defendant and for this gate no payment was asked, as confirmed by the two parties before the Tribunal, but there was never an agreement that the amount due for the door was not to be paid. But the remedial work on the door was made so that the complaint of the defendant be addressed and the plaintiff company was not expecting any payment for it. But it was always expecting payment for the door because it continued to send the bills regularly which were being ignored by the respondent till it had to commence Court proceedings.

Applying these principles to the facts of the present case, it results that the respondent failed to bring at least one proof that in fact there was this agreement and failed to produce the most important witness although he had indicated him as witness. Keeping in view the lack of proof presented before the Tribunal, the Tribunal decided manifestly and obviously against that brought before it and thus went against the principle of natural justice.

Thus, the appellant humbly prays that this Honourable Court erase, cancel and revoke the judgement dated 19th April, 2017, in the names premised and consequently uphold the request of the plaintiff company.

With costs of both instances against the respondent

Whereas the proceedings in writing in the cause before the Court of Appeal between Aluserv Ltd vs Aiden Xuereb have been closed, the Court fixed the hearing of the cause on Monday, twenty-fourth (24) of June, 2019, at 9.15 a.m.

Notify respondent: Valley Lodge, Tal-Palma, Limits of Mġarr, Mġarr

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 720/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Etienne Galea, the following publication was ordered for the purpose of effecting service on the respondent Etienne Galea in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Etienne Galea (ID 459877M) of 28/1, Triq Żarenu Dalli, Birżebbuġa

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 €5,235.06, 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 411000055991 for the premises Flat 1, Joli, Triq Żarenu Dalli, Birżebbuġa that amounts to €5,235.06.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th April, 2019, Application number 595/2019 by Maria Fatima Mifsud whereby she prayed that it be declared open in favour of Francesco Camilleri, Maria Stella Farrugia, Anna Borg, Giuseppa Caruana, Maria Carmela Enriquez, Gerardo Camilleri and Giuseppe Camilleri, brothers and sisters of the decujus, in the quota of one eighth (1/8) undivided share each one of them and in favour of Angela Mifsud, Giuseppe Camilleri, Alfredo Camilleri, all children of the late Giovanni Camilleri the latter brother of the decujus, in the quota of one eighth (1/8) undivided share between them the succession of Filomena Degiorgio, wife of Carmelo Degiorgio, daughter of the late Carmelo Camilleri and Maria Camilleri née Enriquez, born in Ħal Għaxaq, previously residing in Birkirkara and died in Tal-Pietà on the 6th November, 1963, aged 67.

Therefore 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 of the Small Claims Tribunal of 28th February, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Sixteen Limited (C 65789) of 29, Triq is-Sliem, Marsa filed a Claim on the 25th February, 2019 whereby they asked the Tribunal to condemn NM Imports (C 60219) of 1, Triq Stur, Valletta, to pay the plaintiff company the sum of €1,114.51 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 35/19KCX) is deferred on the 3rd June, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals