Court Notices published in the Government Gazette 20228 of 9th July 2019

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 6th May, 2019, following a request by Alessandro sive Sandro Cassano it was ordered that deputy curators be chosen to represent the unknown owners and heirs of Emmanuel Grech Pace Balzan in the acts of the schedule of deposit number 816/2019 in the names Alessandro sive Sandro Cassano vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit of ground rent filed in the First Hall of the Civil Court, in the names Alessandro sive Sandro Cassano (ID 9667M) vs deputy curators to represent the unknown owners and heirs of Emmanuel Grech Pace Balzan, on the 30th April 2019, the applicant Alessandro sive Sandro Cassano respectfully submitted:

The applicant’s father, Alfred Cassano, by means of a public deed in the acts of Notary Joseph Gatt dated 4th June, 1957, bought the house with garage and garden at that time number 70 and 71 today with numbers 81 and 82 in Triq San Ġiljan, Birkirkara, with the garden and its appurtenances, subject to the entire groundrent and sub-groundrent of Lm3.16 equivalent to €8.85 each year. Alfred Cassano died on the 12th September, 2004;

By means of a will of Alfred Cassano dated 26th August, 2004, in the acts of Notary Gerard Spiteri Maempel, the applicant Alessandro Cassano inherited by title of an entire pre-legacy the house number 81 and 82 in Triq San Ġiljan, Birkirkara, with the garden and its appurtenances.

The said annual and perpetual groundrent hasn’t been paid to the respondent from the death of Alfred Cassano and that is from the year 2004 till today;

The applicant Alessandro Cassano doesn’t know to whom the groundrent has to be paid and neither who are the heirs of Emmanuel Grech Pace Balzan and he was never approached for the payment of the groundrent;

The applicant wishes to pay the total amount of groundrent due to be regular and according to law and so he wishes to deposit the amount of sixteen (16) years in advance for the period from the year 2004 till the year 2019; the amount of €8.85 for sixteen (16) years amounts to €141.60.

Thus the applicant to exonerate himself from any responsibility is calling upon this Honourable Court and under its authority is depositing the total amount of €141.60 representing the groundrent arrears for the said period of the years 2004 to 2019 in advance of the premises number 81 and 82 in Triq San Ġiljan, Birkirkara, with the garden and its appurtenances, which amount may be freely withdrawn by the respondents after verifying their title and after leaving the relative receipt according to law.

Applicant: Alessandro Cassano, 81 and 82, Triq San Ġiljan, Birkirkara

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, above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 11th September, 2018, in the records of the Sworn Application in the names Calamatta Charles et vs Mohamed Ameir et, Application Number 508/18 MH, the following publication was made for the purpose of the defendant Dr Karlis Ervins Sarkans, 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 Charles Calamatta (ID 588738M) and Joan sive Yvonne Calamatta (ID 546943M) vs Ameir Mohamed (ID 183192M) Matthew Xerri (ID 390787M) Dr Karlis Ervins Sarkans (126286A) and Maria Estrella Carricajo Fernandez (ID 0021023A) on the 22nd May, 2018, the applicant Charles Calamtta et asked this Honourable Court saving any necessary declaration:

1. To decide and declare that the respondents have various works which are not according to law and/or are of an abusive nature in regard to the applicant’s property and consequently they are also in violation of the applicant’s property rights, consequently condemn the respondents so that within a short and peremptory period fixed to them by this Honourable Court they carry out the necessary remedial works and the liquidation of damages and order the respondents to pay the damages liquidated.

With costs and interests according to law against the respondents from now summoned so that a reference to their evidence be made

The Sworn Application in the names Calamatta Charles et vs Mohamed Ameir et, Application Number 508/18 MH, has been deferred for hearing to the 16th October, 2019, at 9.00 a.m.

Notify: Dr Karlis Ervins Sarkans, Flat 51, Block number 23, Portomaso, Paceville, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 4th June, 2019, given by the First Hall Civil Court, the Vourt ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by an application filed by HSBC Bank plc (C3 177) on the 11th February, 2019, the said application is asking for the withdrawal of the amount of €19,711.97 deposited by schedule of deposit 92/2019 filed in the acts of the Garnishee Order Number 5600/1997 in the names Mid-Med Bank Limited vs Anton Spiteri (ID 189457M) and Josette Spiteri (ID 18459M);

In the acts of the Garnishee Order Number 5678/1997 in the names Mid-Med Bank Limited vs STG Limited, Terry Limited, Louis Scicluna (ID 663257M), Vivienne Scicluna (ID 262174M), Anthony Spiteri (ID 189457M), Josette Spiteri (ID 18459M), Joseph Pace (ID 304735M) and Carmen Pace (ID 182835M);

In the acts of the Garnishee Order Number 5921/1997 in the names Mid-Med Bank Limited vs JOECAR Limited, Brittania Catering Limited, STG Limited, Vivienne Limited, Josette Limited, Joseph Pace (ID 304735M), Carmen Pace wife of Joseph, Josette Spiteri (ID 18459M), Anton Spiteri (ID 189457M), Lewis Scicluna (ID 663257M) and Vivienne Scicluna (ID 262174M); 

In the acts of the Garnishee Order Number 3837/1998 in the names Mid-Med Bank p.l.c. vs Anthony Spiteri (ID 189457M) and Josette Spiteri (ID 18459M); 

In the acts of the Garnishee Order Number 3879/2000 in the names HSBC Bank Malta p.l.c vs Anthony Spiteri (ID 189457M) and Josette Spiteri (ID 18459M); 

In the acts of the Garnishee Order Number 366/2004 in the names Bank of Valletta p.l.c. (C 2833) vs Anthony Spiteri (ID 189457M) and Josette Spiteri (ID 18459M); 

In the acts of the Garnishee Order Number 1264/2005 in the names Maltacom plc (C 22334) vs Anthony Spiteri (ID 189457M) and Josephine Spiteri (ID 189457M);

In the acts of the Garnishee Order Number 1321/2007 in the names HSBC Bank Malta p.l.c (C 3177) vs STG Limited (C 7202), Terry Limited (C 4920), Louis Scicluna (ID 663257M), Vivienne Scicluna (ID 262174M), Anthony Spiteri (ID 189457M), Josette Spiteri (ID 18459M), Joseph Pace (ID 384735M) and Maria Carmela Pace (ID 182835M); 

In the acts of the Garnishee Order Number 1322/2007 in the names HSBC Bank Malta p.l.c. (C 3177) vs STG Limited (C 702), Terry Limited (C 4920), Louis Scicluna (ID 663257M), Vivienne Scicluna (ID 262174M), Anthony Spiteri (ID 189457M), Josette Spiteri (ID 18459M), Joseph Pace (ID 384735M) and Maria Carmela Pace (ID 182835M). 

The Court ordered the notification of the application to the interested parties with a four (4) day period for the reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a Decree of the 3rd July, 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 Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a schedule of set-off filed contemporaneously by Bank of Valletta plc (C 2833) on the 2nd April, 2019, the approval of the said judicial acts is being demanded for the amount of €39,000 following judicial sale by auction 47/16 in the names Bank of Valletta plc (C2833) vs Mario Micallef (ID 204185M) held under the authority of the said Court on the 28th March, 2019.

According to Article 338 (2) of Chapter 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 a decree given by the Civil Court First Hall on the 17th June, 2019, in the records of the Sworn Application in the names Bezzina Stephania vs Calleja Claude et, Application Number 307/18 FDP, the following publication was ordered for the purpose of service of the company called into the cause G.A. Enterprises Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of Sworn Application, filed in the First Hall Civil Court in the names Stephania Bezzina (ID 0206983M) vs Claude Calleja (ID 0156185M) and Lionel Cassola (ID 707353M) and by decree of the 13th July, 2018, there was called into the cause the company G.A. Enterprises Limited, on the 4th April, 2018, the applicant Stephania Bezzina (ID 0206983M) asked this Honourable Court, saving any necessary declaration:

1. To declare and decide that the fixing of the solar panels on the roof of the premises mentioned in the application is abusive and illegal in regard to the applicants in violation of the law, inter alia in violation of Article 534 of Cap. 16 of the Laws of Malta, and order the respondents so that within a short and peremptory period fixed by this Honourable Court they remove the panels from that part of the roof where the applicant has the use and uphold the other demands in the application.

With costs against the respondents summoned so that a reference to their evidence be made

The Sworn Application in the names Bezzina Stephania vs Calleja Claude et, Application Number 307/18 FDP, has been deferred for hearing to the 16th October, 2019, at 9.00 a.m.

Notify company called into the cause: G.A. Enterprises Ltd, Giardini Romano, Block B, Apt 4B, Level 1, Triq il-Madonna tal-Karmnu, Santa Venera

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th December, 2018, Application number 1911/2018 by Raymond Calleja, whereby Filomena Calleja, widow of Ġużeppi, daughter of the late Michele Buhagiar and Maria née Buhagiar, born in Ħaż-Żabbar on the 19th March, 1930, and residing in Ħamrun, aged 89, and holding identity card number 221830M, was interdicted by means of a decree given on the 30th April, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th June, 2019, Application number 954/2019 by Martin Formosa, whereby he requested that it will be declared open in favour of Teresa Formosa wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Martin Formosa the succession of his father Giuseppe Maria Formosa, husband of Teresa Formosa née Mifsud, son of the late Carmelo Formosa and Emmanuela Formosa née Falzon, born in Żurrieq, resided in Qrendi, Malta and died in Tal-Qroqq, Msida, Malta on the 17th March, 2019, aged 87, and who held identity card number 0494031M.

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 an application filed in Civil Court of Voluntary Jurisdiction Section, on the 27th July, 2018, Application number 1161/2018 by Mary Vassallo, whereby Gaudenzio Vassallo, bachelor, son of John Vassallo and Grace née Vassallo, born in Ħaż-Żebbuġ, Malta on the 2nd April, 1952, and residing in Ħaż-Żebbuġ, Malta, aged 67 and holding identity card number 0358052M, was interdicted by means of a decree given on the 2nd April, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st May, 2019, Application number 847/2019 by Giovanni sive Gino Vassallo, whereby he requested that it will be declared open in his favour and in favour of Domenic Vassallo in the quota of one half (1/2) undivided share each one of them the succession of their father Domenic Vassallo, widow of Susanna Vassallo née Aquilina, son of Vincent Vassallo and Antonia Vassallo née Agius, born in Valletta, residing in Valletta and died in Tal-Qroqq, Msida, Malta on the 30th January, 2019, aged 71 and who held identity card number 0921547M.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th May, 2019, Application number 813/2019 by Bibiana known as Vivien Myatt et, whereby they requested that it will be declared open in favour of Bibiana sive Vivien Myatt née Borg wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Rita Myatt and Vanessa Gauci Myatt, sisters Myatt children of the decujus in equal shares between them the succession of Henry Myatt, husband of Bibiana known as Vivien Myatt, son of Albert Henry Myatt and Antonia Myatt née Camilleri, born in Ħal Balzan and resided in Ħal Balzan and died in Tal-Qroqq, Msida, Malta on the 13th September, 2017, aged 73, and who held identity card number 0603144M.

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 given by the Civil Court First Hall on the 10th June, 2019, in the records of the Sworn Application in the names Grima Advocate Doctor Peter vs Casabene Josephine et, Application Number 286/19 FDP, the following publication was ordered for the purpose of service of the defendant Josephine Casabene and Casabene Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names Advocate Doctor Peter Grima (ID 34988M) vs Josephine Casabene (ID 972M) and Casabene Limited (C 80516) on the 15th March, 2019, the applicant asked this Honourable Court:

1. To declare that the respondents did not carry out the contract of works given to them in the premises 2, Triq Santa Margerita, Bormla, according to the art or trade, declare the respondent defendants in solidum responsible for all the damages suffered and consequential to their failure to carry out the contract of works given to them as required by the trade and art and condemn the defendants to pay the damages liquidated.

With costs 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 Grima Advocate Doctor Peter vs Casabene Josephine et, Application number 286/19 FDP, has been deferred for hearing to the 16th October, 2019, at 9.00 a.m.

Notify: 

Josephine Casabene (ID 972M), 80, Triq ir-Repubblika, Valletta

Casabene Limited (C 80516), 80, Triq ir-Repubblika, Valletta

ADV. FRANK PORTELLI, LLD

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 26th September, 2018, following a request by Fulvio Schembri et, it was ordered that deputy curators be chosen to represent those unknown owners in the acts of the schedule of deposit number 1779/2018 in the names Fulvio Schembri et 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 Fulvio Schembri, driver (ID 506384M), son of Mario Schembri and Gabriella née Vella, born in Tal-Pietà and residing in Ħaż-Żabbar and his wife Flavia Schembri (ID 439789M), daughter of Alfred Falzon and Carmen née Sciberras, born in Tal-Pietà and both residing in Ħaż-Żabbar vs Deputy curators to represent the unknown owners, on the 24th September, 2018, the applicant Fulvio Schembri and Flavia Schembri respectfully submitted:

That the applicants are the emphteutea of the house named Saint Mary, Triq ir-Redentur, Ħaż-Żabbar, subject to the annual and perpetual groundrent of €16.30;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem the same groundrent in terms of the same law;

The sum of €16.30 representing the annual and perpetual groundrent above mentioned capitalised at the rate of 5% amounts to €372;

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €409 which represent the sum of €82 arrears of groundrent due and the sum of €372 the price for the redemption of the annual and perpetual groundrent due which may be freely withdrawn by the respondents in their capacity abovementioned after leaving the relative receipt according to law.

Applicants: 

Fulvio Schembri and Flavia Schembri, Saint Mary, Triq ir-Redentur, Ħaż-Żabbar

Service:     

Director Public Registry

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. Mr Justice Silvio Meli, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd June, 2019, Application number 922/2019 by Carmel Ellul, whereby he requested that it be declared open in favour of Carmel and Ernest brothers Ellul, brothers of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Denise Ellul, unmarried, daughter of the late Saviour and Ersilja née Caruana, born in Gudja and resided in Gudja and died in Tal-Qroqq, Msida on the 8th March, 2019, aged 53, holding identity card number 0465665M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 25th June, 2019, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12) on the respondent Joseph Mary Portelli.

By means of a note in the acts of the Garnishee Order number 1822/18 in the names Supreme Travel Limited (C 16048) vs Joseph Mary Portelli (ID 536861M) filed in the Courts of Magistrates (Malta) on the 26th March, 2019, Supreme Travel Limited declared that the garnishee order was filed by way of security for the rights claimed by it in the Application Number 208/18RM in the names Supreme Travel Limited vs Joseph Mary Portelli;

It further declares that the application was decided on the 27th February, 2019, and today it costitutes res judiciata (Doc. A).

Thus, it requests that it extends the warrant above mentioned in terms of Article 838 B(2a) so that it will have the effect of an executive warrant for the sum of €14,000 besides the interests and costs.

Notification: Joseph Mary Portelli, 1, Belvedere Court Penthouse 13, Triq it-Trill, St Paul’s Bay

Bank of Valletta

HSBC Bank Malta 

Lombard Bank Malta

APS Bank

BNF Bank

MeDirect Bank (Malta)

Accountant General

Maltapost

Director and Registrar of Civil Courts and Tribunals

Commissioner for Revenue

Malta Transport Authority

In the Courts of Magistrates (Malta)

Magistrate Dr Monica Vella LLD

The Court,

Having seen the note;

Saw the acts;

Saw Article 838B;

Upholds the request.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th June, 2019, Application number 969/2019 by John Baptist Suban and others, whereby they requested that it be declared open in favour of John Baptist Suban and Father Louis Suban, children of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Francesca Suban, widow of Joseph Suban, daughter of the late Giovanni Battista Bonnici and Teresa Bonnici née Desira, born in Żejtun, Malta, resided in Rabat, Malta and died in Rabat, Malta on the 25th October, 2018, aged 84, holding identity card number 0022034M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree given by the First Hall in the Civil Court on the 2nd May, 2019, in the records of the Sworn Application in the names Borg Carmen vs Allin One Turnkey Services Limited (C 74480) on the 31st January, 2019, the following publication was ordered for the purpose of service of the defendant company Allin One Turnkey Services Limited (C 74480) 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 Carmen Borg (ID 455969M) vs Allin One Turnkey Services (C 74480) on the 31st January, 2015, the applicant Carmen Borg asked this Honourable Court saving any necessary declaration:

1. To declare and decide that the respondent company failed to abide by the conditions of the agreement between the parties when it abandoned the works which it was engaged to do for the interpellant and failed to supply the furniture agreed in the premises Flat number three (3), Remissa Mansions, Triq Mensija, St Julian’s, declare that the respondent company is a debtor of the applicant in the amount of €19,797.86, or more correct sum liquidated by the Court, and uphold the other demands in the application amongst which the payment of damages.

With costs and legal interest till the date of effective payment against the respondent company from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Carmen Borg vs Allin One Turnkey Services Limited (C 74480) has been deferred for hearing to the 10th October, 2019, at 9.30 a.m.

Notify: Allin One Turnkey Services Limited, M4, Lourdes Lane, Triq Gian Nikola, San Ġwann

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 268/2012 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 13th June, 2019, given by the Criminal Court of Appeal – (Madame Justice Dr Consuelo Scerri Herrera LLD) following an application filed by Mary Anne Scerri on the 6th June, 2019, Appeal Number 338/2014, in the case in the names:

The Police 

(Inspector Yvonne Farrugia)

Versus:

Joseph Francis Scerri, 57 years, son of John and Anne nee Serpina, born in Tal-Pietà on the 23rd March, 1962, residing at Madonna ta’ Pinu, Triq il-Kanonku Karmenu Pirotta, Birkirkara, Malta and holder of Maltese identity card bearing number 214062M.

The Court authorised the applicant Mary Anne Scerri to continue to pay the loans with Bank of Valletta plc and HSBC Bank (Malta) plc.

This variation is being published in terms of Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta following another variation which decree was given by the same Court on the 21st December, 2018, and following a freezing order which decree was given on the 3rd October, 2012, by the Court of Magistrates as a Court of Criminal Inquiry (Magistrate Dr Consuelo Scerri Herrera LLD) which was published in the Government Gazette of the 9th October, 2012, where the Court ordered the attachment in the hands of third parties in a general manner, of all monies and other movable and immovable property which may be due to or belonging to Joseph Francis Scerri.  

MARVIC PSAILA 

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st May, 2019, Application number 912/2019 by Dean Cachia and Natasha Farrugia, whereby they requested that it will be declared open in their favour in the quota of one half (1/2) undivided share each one of them the succession of Alfred Cachia, widow of Pamela Cachia née Evans, son of the late Filippo Cachia and Victtoria Cachia née Grech, born in Tas-Sliema, resided in Ħal Luqa and died in Ħal Luqa, Malta on the 14th November, 2018, aged 80, and who held identity card number 0086338M.

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 given by the Courts of Magistrates (Malta) on the 31st May, 2019, in the records of the judicial letter number 3948/18, in the names Mirage Holding Ltd vs Spiteri Maria, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Spiteri Maria of 9, Triq Vincent Dimech, Floriana, on the 26th November, 2018, Mirage Holding Ltd (C 6808) of Flamingo Showrooms, Triq il-Kanun, Ħal Qormi, calls upon you so that within two days you pay the global ammount of €475, as for €440 import of four (4) bills of exchange that a copy of which is attached and marked (Doc. 1 to Doc. 4), accepted and signed by you, whose maturity date has lapsed, as for €35 as interest due on the same bills of exchange till today and besides further interest till the date of effective payment.

By means of this present the interpellant company is rendering executable its executive title here under indicated and this in terms of Article 253(e) Cap. 12 of the Laws of Malta.

For all intents and purposes of law you are being informed that in terms of Article 253(e) Cap. 12 of the Laws of Malta you have the right that within twenty (20) days from the date of service of this act, you will present an application to oppose the execution of these bills of exchange.

If you fail to abide with this calling the interpellant company shall pass to execute its executive titles and this in terms of article 256 (2) Cap. 12 of the Laws of Malta.

This official letter is requested in terms of Article 256 (2) Cap. 12 of the Laws of Malta.

With costs and further interests till the date of effective payment

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 13th June, 2019, following a request of Franmar Limited it was ordered that deputy curators be chosen to represent the late Suor Lorenza Bartolo and Maria Carmela Farrugia, in the records of the Sworn Application 395/2019 GM, in the names Franmar Limited vs Rev. Father Joseph Bartolo et and Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court First Hall, in the names Franmar Limited (C 41545) vs Rev. Father Joseph Bartolo (ID 535244M) in his own name and for and on behalf of his sisters Suor Lorenza Bartolo (ID 732631M) and Maria Carmela Farrugia (Australian passport number 2765267) and also George Bartolo (ID 314030M), on the 22nd April, 2019, the applicant Franmar Limited (C 41545) requested with respect and Christopher Grech (ID 495676M) for and on behalf of the applicant company Franmar Limited confirmed on oath and declares that he knows about the facts personally:

1. That the applicant company entered into a promise of sale agreement dated 30th March, 2016, with the respondents, and this to buy and acquire from them the property consisting of flats internally marked with number one (1) found at ground floor level, three (3) found at first floor level, five (5) and six (6) found at second floor level, all forming part of a block officially marked with number siteen (16) Victoria Flats, Triq Dobbie, Paceville, limits of St Julian’s. The flats are subject to the annual and perpetual groundrent of €8.26 each flat. Included with each flat there is the co-ownership together with the other flats of the main door, entrance, stairs leading to the roof, the roof and the air space ad usque coelum, and underneath all the block including the parapette and the parapette ad usque coelum, including the airspace of the yards ad usque coelum;

2. This sale had to be made at the price of €280,000 that is €70,000 for each flat, from which price the applicant has paid by way of a deposit the amount of €28,000. This deposit was declared that it was kept by Notary Andrea Micallef till the signature of the final deed;

3. The promise of sale agreement mentioned above was never extended beyond the period of its validity with the consequence as stated in the same promise of sale agreement that the validity period now expired because three (3) years have lapsed since the signature of the promise of sale agreement and this expired on the 30th March of the current year that is 2019;

4. Thus the applicant company filed a judicial letter dated 21st March, 2019, in the Registry of this Honourable Court (Judicial Letter 1059/2019) and by means of this letter it solicited the respondents to come forward for the final deed;

5. Although duly solicted even by the judicial letter above mentioned, the respondent together and in solidum between them as sellers, always refused to come forward to appear on the final deed or request and extension and this without any reason;

6. This delay and more so the lapse of time which led the promise of sale agreement signed by the parties to expire is only the result of the default of the respondents;

7. Consequently they did not sign the final contract;

8. Thus this law suit had to be made.

Thus, in view of the above, the applicant company humbly requests this Honourable Court to:

i. Order the respondents to appear on the final deed of sale such that the applicant company acquires the property consisting of flats internally marked with number one (1) found at groundfloor level, three (3) found at first floor level, five (5) and six (6) found at second floor level, all forming part of a block officially marked with number sixteen (16) Victoria Flats, Triq Dobbie, Paceville, limits of St Julian’s. The flats are subject to the annual and perpetual groundrent of €8.26 each flat. Included with each flat there is the co-ownership together with the other flats of the main door, entrance, stairs leading to the roof, the roof and the air space ad usque coelum, and underneath all the block including the parapette and the parapette ad usque coelum, including the airspace of the yards ad usque coelum;

ii. Nominate a notary public to publish the relative deed;

iii. Nominate curators to represent the respondents on the final deed in the eventual default of the same respondents or any one of them;

iv. In the event that the same respondents cannot comply with all the obligations assumed by them in the same promise of sale agreement dated 30th March, 2016, it declares that the applicant company has suffered damages for which the respondents are solely responsible;

v. Liquidate these damages suffered by the applicants, if necessary, by the means of nominated referees;

vi. Condemn the respondents to pay the applicant those liquidated damages;

vii. Declare further that the respondents are responsible for the delay of the process because there was no reason for the same delay, and thus declares that as a consequence of this the applicant suffered damages;

viii. Liquidate these damages suffered by the applicants if necessary by means of nominated referees; and

ix. Condemns the respondents to pay the damages liquidated.

With costs and the respondents are from now summoned so that a reference to their oath be made

The application number 395/2019GM in the names Franmar Limited vs Rev. Father Joseph Bartolo pro et noe et is postponed to the 29th October, 2019, at 9.30 a.m. before Judge Grazio Mercieca LLD.

Applicant: 

Franmar Limited, 67, Triq Santa Marija, Ħal Tarxien

Respondents: 

Rev. Father Joseph Bartolo, 199, Triq San Albert, Gżira

George Bartolo, St Christopher, Triq San Albert, Gżira

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. Mr Justice Grazio Mercieca, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 14th June, 2019, in the records of the Sworn Application in the names Borg Degiorgio Angie Rose vs Borg Degiorgio Matthew, Application Number 94/19 JPG, the following publication was ordered for the purpose of service of the respondent Matthew Borg Degiorgio, 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 Angie Rose Borg Degiorgio (ID 308491M) vs Matthew Borg Degiorgio (ID 128187M) on the 5th April, 2019, the applicant Angie Rose Borg Degiorgio (ID 308491M) asked this Honourable Court:

1. To pronounce the personal separation between the parties Angie Rose Borg Degiorgio and Matthew Borg Degiorgio, declare dissolved the community of acquests between the parties, authorise the applicant to revert to her maiden surname and namely Mifsud and uphold the other demands in the application.

With costs against the defendant summoned so that a reference to his evidence be made

The Sworn Aplication in the names Borg Degiorgio Angie Rose vs Borg Degiorgio Matthew, Application Number 94/19 JPG, has been deferred for hearing to Monday, 21st October, 2019, at 10.00 a.m.

Applicant: Concordia Palace, Block A, Flat 1, Triq il-Ħalel, St Paul’s Bay

Defendant: Seacrest, G11, Triq il-Porzjunkola, Qawra

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th January, 2019, of the Civil Court First Hall in the records of judicial letter number 3984/17, in the names Attorney General noe vs Juan Debono ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Juan Debono (ID 452073M) of 65, Triq San Benedittu, Ħal Kirkop

By the present the Attorney General for and on behalf of the Director Public Registry with reference to the case in the names Juan Debono vs Dr Mark Busuttil et noe (Application Number 201/2012) which was decided by the Civil Court (Family Section) on the 25th April, 2013, formally solicits you, after having already solicited you several times but you remained in default, so that within fifteen (15) days you pay the amount of €322.28 representing legal costs in connection with the said application in the said names according to the attached taxed bill of costs marked as Doc. A.

In default of payment the interpellant will proceed against you without further notice, and with the issue of the opportune warrants according to law.

So much so you may know how to proceed.

With costs

Interpellant: Attorney General, Office of the Attorney General, the Palace, Valletta

Notification: Juan Debono, 65, Triq San Benedittu, Ħal Kirkop

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th March, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2028/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Maria Bonanno et, the following publication was ordered for the purpose of effecting service on the respondent Salvu Falzon in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Maria Bonanno and Salvu Falzon (ID 53666M) of 109A, Triq A Cuschieri, Birkirkara

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 €7,856.24, 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 101000139010 regarding the premises Mercy, Triq il-Ferrovija, Santa Venera.

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 given by the First Hall Civil Court on the 18th June, 2019, in the records of the Sworn Application in the names Spiteri Bailey Michael et vs Unique Investments Holding Limited, Application Number 425/19 GM, the folklowing publication was ordered for the purpose of service of the defendant company Unique Iunvestmentd Hoplding Limited, 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 Micharl Spiteri Bailey (ID 316179M) and Nicolette Spiteri Bailey (ID 512787M) vs Unique Investments Holding Limited (C 29115) on the 30th April, 2019, respectfully pleaded:

1. Saving any other declaration which may be required and necessary, decide and declare that the respondent company is legally obliged to come forward to the signing and publication of the final deed as applies to contracts of apartment number 5 and Garage M (Level -2), Howard Mansions, Triq Ġużè Howard, Tas-Sliema and this towards the price agreed between the parts;

… omissis …

2. Appoint a Notary Public to draw up and publish the relative contract of sale;

3. Fix a date, time and place for the final contract and curators in case of default of the defendant company. In subsidium and without damage to the premised if this Court deems that what is demanded is not suitsable or possible;

4. Pass to order the transfer of the airspace where in fact there had to be built Apartment number 5 and Garage M (Level -2), Howard Mansions, Triq Ġużè Howard, Tas-Sliema, promised to the plaintiffs, by the respondent;

5. Appoint a Notary Public to draw up and publish the final deeds;

6. Fix a time and place so that the final deed be carried out and uphold the other demands in the application amongst which that the defendant company be condemned to pay the damages to the plaintiffs of the amount liquidated as damages.

With costs as demanded against the respondents

The Sworn Application in the names Spiteri Bailey Michael et vs Unique Investments Holdings Limited, Application 425/19 GM, has been deferred for hearing to the 8th October, 2019, at 11.00 a.m.

Applicant: No. 22, Triq Sir Augustus Bartolo, Ta’ Xbiex

Defendant Company: Unique, Triq Sir George Borg, c/w Triq Ġużè Howard, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th March, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1050/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Carmel Bugeja, the following publication was ordered for the purpose of effecting service on the respondent Carmel Bugeja in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Carmel Bugeja (ID 643452M) of 24, Triq il-Mitħna, Bormla

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 €3,690.36, 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 101000239996 regarding the premises 24, Triq il-Mitħna, Bormla.

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 a decree of the 1st July, 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 Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a schedule of set-off filed contemporaneously by Avukat Dr Joseph M. Sammut on the 6th June, 2019, the approval of the said judicial acts is being demanded for the amount of €1,000 following judicial sale by auction 10/19 in the names Avukat Dr Joseph M. Sammut vs Hossein Asadollahi held under the Authority of the said Court on the 12th June, 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.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 7th February, 2019, in the records of the Application in the names HSBC Bank Malta p.l.c. (C 3177) vs AL Investments Limited (C 7715), Application Number 1231/18 GM, the following publication was ordered for the purpose of service of the respondents AL Investments Limited (C 7715) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Civil Court First Hall in the names HSBC Bank Malta p.l.c. (C 3177) vs AL Investments Limited (C 7715) as surety in solidum of AL Enterprises Limited, on the 10th December, 2018, the applicant HSBC Bank Malta p.l.c. in terms of Article 258 of Cap. 12 of the Laws of Malta respectfully pleaded and Advocate Doctor Claudia Muscat on behalf of the applicant company confirmed by oath:

That by means of a contract in the records of constitution of debt in the records of Notary John Spiteri, dated 1st June, 2003, the respondents constituted themselves true, certain and liquid debtors;

That the contract above referred to was rendered executive by means of a judicial letter in terms of Article 256(2) of Cap. 12 of the Laws of Malta (copy annexed) and notified to the respondents;

That following various payments the respondents remained debtors of the applicant company and there lapsed more than five years from the date of the same contract of constitution of debt and now the company HSBC Bank Malta p.l.c. is demanding the authorisation of Article 258 of Cap. 12 of the Laws of Malta.

Thus, the applicant company, saving any opportune declaration and provision, respectfully prays this Honourable Court to authorise the applicant company to pass for the execution of the same executive title since there passed more than five years from the date they were rendered executive and this in terms of Article 258 of Cap. 12 of the Laws of Malta.

Applicant: 32, Triq il-Merkanti, Valletta

Services: AL Investments Limited, 4, Anvil Apartments, Flat 3, Triq il-Minfaħ, Naxxar

The Application in the names HSBC Bank Malta p.l.c. (C 3177) vs AL Investments Limited (C 7715), Application 1231/18 GM, has been deferred for hearing to the 3rd October, 2019, at 10.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals