Court Notices published in Govt. Gazette No. 20,236 of 23rd July 2019

Notice 1073

1073

By means of a decree given by the Court of Appeal on the 5th July, 2019, in the records of the Application in the names De Bon Louis et vs Stefania Micallef and by decree of the 30th April, 2009, the surname 'Micallef' was changed to 'Catania' et pro et noe, the following publication was ordered for the purpose of service of the respondents Stefania Catania, Mario Cachia and Plumelec Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Court of Appeal in the names Louis and Emanuela sive Lily De Bon against Stefania Micallef and by decree of the 30th April, 2009, the surname 'Micallef' was changed to 'Catania', and Mario Cachia in his own name and as well on behalf of Plumelec Limited, for any interest it may have, on the 18th July, 2014, the applicant Louis De Bon (ID 319533M) et respectfully pleaded:

That the plaintiffs are owners of the warehouse with address number 10, Triq Antonio Sciortino, Msida, which warehouse was in a good state and was plastered and whitewashed, having water and electricity, with a toilet room which had a door and watercloset and concrete floor which was aligned. At the beginning of the summer of the year 2006, the defendant Mario Cachia, who was carrying out construction work in the premises overlying the warehouse in question, asked the plaintiffs whether they were ready that the roof be changed and the warehouse completely refurbished to the state it was before the works were commenced, everything at the expense of the defendants. The plaintiffs and the defendant Mario Cachia reached a verbal agreement that besides changing the roof, the staircase leading to the first floor be demolished and rebuilt.

… omissis …

That during the month of August 2006, the plaintiffs drew the attention of the defendant Mario Cachia whereby they asked him to carry out plastering and whitewashing works in the warehouse, in the toilet and in the staircase, the electricity work and what was broken repaired. ... omissis ... eventually the plaintiffs appointed Architect Richard Aquilina to make a report regarding the warehouse, which report was exhibited. That as a consequence of how the works were done by the defendants, the same defendants invaded part of the property of the plaintiffs.

… omissis …

That the plaintiff asked so that this Honourable Court declare the defendants guilty of a violation of an agreement which consisted in that the warehouse in question after the changing of the roof will be the original state it was before the works on the roof were commenced. ... omissis ... and in default authorise the plaintiffs to carry out the necessary works at the expense of the defendants under the surveillance of an Architect appointed by the Court.

… omissis …

That the defendant Stefania Catania pleads that the agreement of the parties consisted in the changing of the roof of the garage and the staircase leading to the first floor and no agreement was made for other works. That she also states that the applicants vacated another garage leased for the applicants by the defendant and thus this was tacit acceptance on their part that the work was carried out as agreed.

… omissis …

That the defendant Mario Cachia pleaded that the plaintiffs are to decide if their cause is against him personally or against the company of which he is a director. … omissis … That the plaintiff Louis De Bon was present during the works and should have opposed if he was against the works which were being carried out.

That the defendant Plumelec Limited was declared contumacious by means of a judgement of the 30th May, 2008.

Judgement

That in its judgement the Court of First Instance decided to:

Reject all the demands of the plaintiff as brought against the defendants Mario Cachia and Plumelec Limited.

Decides as regards the first demand of the plaintiffs by declaring that the defendant Stefania Catania violated her agreement with the plaintiffs in virtue of which the premises 10, Triq Antonio Sciortino, Msida, property of the plaintiffs after the ceiling was changed, it had to be plastered and whitewashed, the concrete floor aligned and the door to remain in a good state.

Referably to the second demand condemn the defendant Stefania Catania so that up to three months from today carry out a) the filling of the holes in the floor of the premises 10, Triq Antonio Sciortino, Msida, with concrete … omissis … d) the work of general cleaning and whitewashing of the same premises.

Referring also to the second demand declare that the defendant Stefania Catania failed to carry out the works indicated in the preceding paragraph within the term fixed to her, authorise the plaintiffs to carry out themselves those works at the expense of the defendant Stefania Catania.

Rejected the third, fourth and fifth demand of the plaintiffs.

Order that the costs of the cause whereby they effect the defendant Mario Cachia in his own name and in the name and in representation of Plumelec Limited be paid by the plaintiffs only, whilst all the other expenses are to be paid as to one half by the plaintiffs and one half by the defendant Stefania Catania.

Reasons for the appeal

That the grievance is clear and manifest and refers only to the decision of the costs of the cause or rather that where the Court of First Instance ordered that where these effect the defendant Mario Cachia, in his own name and on behalf of Plumelec Limited, they be paid by the plaintiff only whilst all the other costs be paid one half by the plaintiffs and the other half by the defendant Stefania Catania.

That this cause referred to the fact that the defendants or either of them violated the agreement which consists that the premises in question after the changing of the roof be in its original state it was before the works in the roof were commenced.

… omissis …

That the Court of First Instance saw that there was a violation of the agreement on the part of the defendant Stefania Catania, where she stated that the premises in question had to be plastered and whitewashed, the concrete floor aligned and the door of the premises to be in a good state and rejected the other demands.

That as regards the defendant Mario Cachia in his own name and in the name and in representation of Plumelec Limited, the plaintiffs sdubmit that when they saw that the works in the premises of Stefania Catania commenced, Mario Cachia had presented himself and he himself negotiated with the plaintiffs.

… omissis …

That Mario Cachia had given his business card of Plumelec Limited when he presented himself and thus the present cause was made against Cachia and Plumelec for any interest it may have.

That the plaintiffs are of the opinion that all this would leave no doubt that Mario Cachia personally as well as on behalf of Plumelec Limited was part of the project, especially when he was negotiating and told the plaintiffs that the agreement with him was final.

… omissis …

That as regards the defendant Stefania Cachia the plaintiffs uphold that the decision of the Court of First Instance, that the costs be paid by half, is unjust against them for the following reasons.

That the Court of First Instance and possibly in line with the judgement it gave as regards the merit it decided that the expenses are to be borne in half between the parties, once one half of the agreement was not observed whilst one half of the agreement was observed. That the plaintiffs humbly and with the utmost respect do not agree because the Court of First Instance found that the defendant Stefania Catania violated her agreement with the plaintiffs.

… omissis …

That the plaintiffs feel that they have valid reasons to file the present cause as moreover confirmed by the Court of First Instance in its judgement. Had the plaintiffs not instituted the present procedures, they would not have been in a position to arrange the damage caused.

… omissis …

In the case in question the plaintiffs are stating that there is a violation of the agreement both as regards the slope of the staircase as well as the damage caused.

... omissis ...

Thus the plaintiffs appellants whilst referring to the proof produced and reserve to bring all the proof permitted by law, respectfully pray for the reasons premised that the Honourable Court uphold their Appeal filed and cancel and change that part of the judgement of the 30th June, 2014, in the cause in the names premised as regards the decision regarding the costs of the cause.

With costs of both instances against the respondent applicants.

Whereas the written proceedings in the cause before the Court of Appeal between Louis and Emanuela sive Lily De Bon vs Stefania Micallef and by decree of the 30th April, 2009, the surname 'Micallef' was changed to 'Catania', and Mario Cachia in his own name as well as in the name of Plumelec Limited, for any interest it may have, the Court fixed the hearing of this cause on Monday, twentieth (20) May, 2019, at 9.30 a.m. and deferred to the 14th October, 2019, at 9.30 a.m.

Respondents:

Stefania Catania, 71, Triq Antonio Bosio, Msida

Mario Cachia, 3, Triq il-Qaliet, Marsaskala/Shick Complex, Flat 21, Triq Sant'Anna, Marsaskala

Plumelec Ltd, 79, Triq Antonio Schembri, Kappara, San Ġwann/Shik Complex, Flat 21, Triq Sant'Anna, Marsaskala

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

16 July 2019

Notice 1074

1074

By means of a decree of the 20th June, 2019, in the records of the judicial counter-protest number 145/18 in the names Robert Felice vs Association of Airline Pilots Malta (ALPA) et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Robert Felice in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Robert Felice (ID 73183M)

vs

Association of Airline Pilots Malta (ALPA) for any interest it may have vs Air Malta plc (C 2685)

Counter-protest of the company Air Malta plc (C 2685) who respectfully sumbits:

That the allegations made by the applicants in their judicial protest (number 114/19) are frivolous and without any legal basis and thus they are being strongly rebutted by the company.

The company reiterates that in the first instance it has complied with all its obligations arising from the fact that the association ALPA invoked clause 8 of the collective agreement and, secondly, it always acted within the parameters of the law and of the collective agreement with respect to the applicant Robert Felice.

Robert Felice was granted a period of unpaid leave which expired at the end of May, 2008. Notwithstanding this, and for reasons he is aware of, he failed to return to work on 1st June, 2018.

Instead of taking action for this failure, the company remained patient and waited for a period which is longer than that which is reasonably expected (and much longer than it was obliged to legally wait) for Robert Felice to return back to work. When, notwithstanding the patience and the wait, this did not happen, the company had not other option but to inform Felice in a formal manner that he is to return to work. Even when it did so, the company did not oblige Robert Felice to return immediately, but again granted a further reasonable time such that if he needed to make any arrangements, these can be made. When Robert Felice still failed to return to work, the company refrained from taking action and gave him the opportunity to rectify the breach by returning to work at a future date. Once again, Felice failed to return to work and this without any reason or justification.

During this period, the applicant Felice was informed clearly and without any hesistation, that his return to work as requested is going to be considered as an abandonement on his part and that therefore he was fully informed of the consequences which his actions were going to have.

With respect to the agreement dated 26th January, 2018, regarding the unpaid leave scheme, the company had every intention of implementing that agreement, however ALPA did not agree with the manner in which the criteria for the choice were applied by the company and invoked clause 8 of the collective agreement. This led to the process of choice of pilots who were proposed to benefit from the scheme, to be suspended. This process is still suspended, and will remain suspended until an agreement is reached with ALPA (or a determination is made) as to how the criteria regarding the process of choice are to be applied.

This changes nothing from the fact that the unpaid leave granted to Robert Felice has expired and that therefore he was obliged to return to work. As stated Felice failed from doing so for reasons he knows and without any explanation or justification being given for this failure.

Accordingly, the company at no point in time did it act in violation of its obligations at law or in terms of the applicable collective agreement.

For the aforementioned reasons, the company formally rejects the frivolous allegations made by the applicants and/or that it may in any manner be held responsible for any damages which they allegedly suffered, or are suffering, and/or may suffer for all effects and purposes at law, and places them on formal notice and formally solicits them to refrain from making any further allegations which are frivolous or vexations without any basis in fact or at law.

Applicant: Level 2, Skyparks Business Centre, Malta International Airport, Ħal Luqa

Notification: Robert Felice, 25, Triq Mudest Sapiano, San Ġwann

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1075

1075

By means of a decree given by the Court of Appeal, on the 6th June 2019, in the records of the Application of Appeal, in the names Kenneth Pullicino vs Ramona Anastasi et, Application Number 110/12, the following publication was ordered for the purpose of service of the company Market Handle Limited (C 49546), in terms of Article 187(3) et of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, between Kenneth Pullicino carrying on trade under the name Kenneth Hardware Stores vs Ramona Anastasi carrying on trade under the name IT Works Group and be decree of the 22nd February, 2013, the company Market Handle Limited, was called into the cause, the Court, fixed the hearing of the cause on Monday twenty fourth of June, 2019, at 9.15 a.m. and deferred the 4th October, 2019, at 9.15 a.m.

Notify: Market Handle Limited (C 49546), Market Handle Building, Triq G. F. Agius De Soldanis, Birkirkara BKR 4850

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1076

1076

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 16th July, 2019, in the records of the judicial letter number 1153/19 in the names Argus Insurance Agencies Limited et noe vs Yanika Bugeja, ordered the following publication for the purpose of effecting service on the respondent Yanika Bugeja, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Yanika Bugeja of 18, Sil Dor, Triq Nuzzo, Ħamrun, on the 1st July, 2019, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta' Xbiex, as subrogated in the rights of its insured Adrian Frendo, on the basis of the comprehensive insurance type of policy and by law and the same Adrian Frendo, whilst reference is made to the car accident that occured on the 5th May, 2012, at about 12.45 p.m. in Triq Sant'Anna, Floriana, whilst you were unexpectedly crossing the road and was hit by the car with registration number JNF-612 property of the interpellant, solicits you so that within three days you pay the interpellant Adrian Frendo the sum of €55 representing the excess payment paid by him and you pay the interpellant Argus Insurance Agency Limited the sum of €1,193.59 for all the payments effected to the insurer as a result of the said accident, which accident occured because of your carelessness, negligence and lack of observation of the traffic regulations on your part.

If you ignore this letter and remain in default of payment the interpallant will proceed against you according to law.

So much so that you may know how to proceed.

With costs, including the judicial letters of the 7th February, 2014; 10th November, 2015; and 28th July, 2017, and with legal interest.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1077

1077

By means of a decree of the 11th June, 2019, in the records of the judicial letter number 847/19 in the names Palace Gate Limited vs Shapes Company Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Shapes Company Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Shapes Company Limited (C-12210) of Centre Point, Triq Dun Karm, Birkirkara

By means of this present Palace Gate Limited (C 26056) of Aragon House, Business Centre, Triq Dragunara, St Julian's, whilst making reference to two public deeds of lease, both in the records of Notary Dr Clyde La Rosa dated 20th April, 1991; and 29th April, 1994, respectively regarding two contiguous areas which make up the present premises currently operated by you as The Gastro Pub, previously The Londoner, Triq id-Dragunara, St Julian's, which contracts were subsequently amended by virtue of two other deeds also published by Notary Clyde La Rosa, of the 3rd December, 1998, and of the 9th May, 2000, respectively.

The interpellant makes reference also the legal letter sent to you by the interpellant on the 15th February, 2016, by means of which the Notice number 00216/2015 issued on the 26th January, 2016, by the Malta Environment and Planning Authority regarding the property operated by you in view of the violation of planning control.

Despite this legal letter, you failed to address this illegality, so much so that the Planning Authority recently notified the interpellant that the Notice was rendered executive and will proceed to enforce the notice.

In view of this, the interpellant, whilst drawing your attention to your obligations as a tenant, it invokes the contract terms of 20th April, 1991, and 29th April, 1994, in particular clause 8(d) of the contracts mentioned, and formally solicits you so that within thirty (30) days of notification of this letter, you address the illegalities mentioned earlier. It further warns you that in default it will terminate the lease.

The interpellant warns you also that is holding you responsible for any penalties, costs and/or other damages that may be suffered as a consequence of your illegal acts.

Pay the costs of this letter

This judicial letter is being sent in terms of Articles of Cap. 12 and 16 of the Laws of Malta.

Interpellant: Aragon House Business Centre, Triq id-Dragunara, St Julian's

respondent: Shapes Company Limited, Centre Point, Triq Dun Karm, Birkirkara

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1078

1078

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th May, 2019, Application number 846/2019, by Bernard Gauci and Albert Gauci whereby they requested that it will be declared open in their favour the Succession of their father Carmel Gauci, widower of Maria Stella Gauci née Bugeja, son of the late John Baptist Gauci and Luigia Gauci née Mifsud, born in Birkirkara, resided in Ħaż-Żebbuġ, Malta, and died in Tal-Qroqq, Msida, Malta, on the 27th January, 2019, aged 72, who held identity card number 0613646M .

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

19 July 2019

Notice 1079

1079

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 19th June 2019, Application number 1028/2019 by Lawrence Azzopardi and Carmen Cilia, children of the decujus whereby they requested that it be declared open in their favour in the quota of one; half undivided (1/2) share the Succession of Joseph Azzopardi, son of the late Saverio Azzopardi and Giuseppa née Dingli, born in Ħal Balzan and resided in Ħal Balzan and died in Ħ'Attard, Malta, between the 31st July and the 1st August, 1990, aged 60.

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

19 July 2019

Notice 1080

1080

By means of a decree given, by the Civil Court (Commercial Section) on the 14th May, 2019, in the records of the Application in the names Fenech Dr Peter noe vs STK Europe Limited, Application number 10/19 JZM, the following publication was ordered for the purpose of service of the respondent company STK Europe Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Commercial Section) in the names Advocate Peter Fenech as special mandatary of the foreign company BRT Spa (C.F. e P.I. 04507990150) vs STK Europe Limited (C 61219) on the 26th March, 2019,the applicant Advocate Dr Peter Fenech as special mandatary of the foreign company BRT Spa (C.F. e P.I. 04507990150) asked this Honourable Court:

1. Declare that the company STK Europe Ltd (C 61219) is not in a position to pay its debts for the purposes of Article 214(2) (a) (ii) of Cap. 386 of the Laws of Malta;

2. Declare that there exist sufficiently grievous reasons that justify the dissolution and consequential winding up of the company STK Europe Ltd (C 61219) in terms of Article 214(2) (b) (iii) of Cap. 386 of the Laws of Malta and uphold the other demands in the application.

With costs against the respondent company and saving any further action due to the applicant company in terms of Articles 303, 315 and 316 of the Companies Act.

The Application in the names Fenech Dr Peter noe vs STK Europe Limited, Application number 10/19 JZM, has been deferred for hearing to the 21st October, 2019, at 9.00 a.m.

Notify Respondent Company: STK Europe Limited, Smartcity Malta, Suite 501, Ricasoli, Kalkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1081

1081

By a Decree of the 17th 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 the Article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Reverend Dun Karm Busuttil (ID 488059M) on the 17th July 2019 the approval of the said judicial acts is being demanded for the amount of €163,365.00 following judicial sale by auction 18/17 in the names Rev. Dun Karm Busuttil vs Joseph Zammit (KI685647M) and Mary Grace Zammit (KI189348M) held under the Authority of the said Court on the 11th July 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

19 July 2019

Notice 1082

1082

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 15th May, 2019, Application number 819/2019 by Raymond Gafà, Michael Spiteri and Stephanie Spiteri, whereby Maria Gafà, widow of Michael Gafà, daughter of the late Luigi Duca and Ester Duca née Grech, born in Ħal Għaxaq on the 26th November, 1930, and residing in Rabat, Malta, aged 89, and holding identity card number 763430M, was interdicted by means of a decree given on the 20th June, 2019.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

19 July 2019

Notice 1083

1083

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th March, 2019, Application number 543/2019, by Susan Bianchi, whereby Rebecca Galea, widow of Francis Galea, daughter of Nazzareno Frendo and Caterina Frendo née Chetcuti, born in Cospicua on the 19th July, 1932, and residing in Bormla, aged 86, and holding identity card number 471632M, was interdicted by means of a decree given on the 16th May, 2019.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

19 July 2019

1094

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 20th March, 2019, following a request by Mary sive May Cuschieri et it was ordered that deputy curators be chosen to represent the unknown inheritance of Maria Josephine Bugeja in the acts of the schedule of deposit number 491/2019 in the names Mary Cuschieri et vs Joseph Dimech et and Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and and concurrent redemption of groundrent and sub groundrent filed in the First Hall of the Civil Court, in the names Mary sive May Cuschieri, pensioner, widow of Francis Cuschieri, daughter of the late Giuseppe Cassar and Helen née Calleja, born on the 22nd February, 1941, and residing in Santa Venera (ID 156141M); Maria Teresa sive Marthese Psaila, pensioner, widow of Romeo Psaila, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 23rd December, 1937, and residing in St Paul's Bay (ID 23738M); Maria Concetta sive Connie Hili, pensioner, widow of John Hili, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 26th December, 1934, and residing in Santa Venera (ID 45435M); Fabian Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 20th January, 1988, and residing in St Julian's (ID 59888M); Jean Paul Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 4th October, 1989, and residing in Birżebbuġa (ID 455489M); Anna Cassar, unmarried, daughter of the late Francesco Cassar and Carmela née Calleja, born in Tal-Pietà on the 29th September, 1933, and residing in Santa Venera (ID 693033M); Mario Cassar, optician, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Floriana on the 20th January, 1958, residing in Santa Luċija (ID 61458M); Alessandro Cassar, dentist, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 9th March, 1959, residing at Kappara (ID 192859M); Aldo Cassar, insurance manager, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 22nd May, 1962, residing in Ħ'Attard (ID 328362M); Monique Theuma, housewife, wife of Mario Theuma, daughter of the late Giuseppe Cassar and Mary Violet née Muscat, born in Birkirkara on the 14th May, 1966, residing in Ħ'Attard (ID 227066M); Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Violet Delph, widow of Joseph Delph, daughter of the late Walter Cachia and Mary née Bordieri, born and residing in New York, United States of America; and Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Walter Joseph Cachia, retired, son of the late Walter Cachia and Mary née Bordieri, born in United States of America and residing in Pennsylvania, United States of America vs 1. Joseph Dimech, architect, son of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat, Gozo (ID 217931M) and Teresa sive Tessie Dimech, daughter of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat Gozo (ID 376227M); 2. Deputy curators to represent the unknown inheritance of Benjaming Farrugia, previously clerk, son of John Philip Farrugia and Emma née Bonnici, born in Ħamrun and residing in Ħal Balzan; 3. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima, born and residing in Ħal Qormi; the unknown inheritance of Margherita, wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi u residing in Tas-Sliema; and the unknown inheritance of Carmelo Mallia, son of the late Giuseppe Mallia and Margherita wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, born and resided in Tas-Sliema; 4. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima born and resided in Ħal Qormi and of the unknown inheritance of Margherita wife of Giuseppe Saliba previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi and residing in Tas-Sliema; 5. Deputy curators to represent the unknown inheritance of Maria Josephine Bugeja widow of John Bugeja, daughter of the late Paolo Sammut and Ferdinanda née Sammut, born in Floriana and residing in Tas-Sliema; 6. Deputy curators to represent the unknown inheritance of Giuseppe Borg, previously contractor, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Maria Tanti, wife of Pietro Tanti, daughter of Carmelo Borg and the late Angela née Said, born in Ħ'Attard and residing in Rabat, Malta; the unknown inheritance of Antonia Borg, wife of Salvatore Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Salvatore Borg, previously worker, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Giuseppa Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard; and the unknown inheritance of Carmelo Borg, son of the late Giuseppe Borg, born and residing in Ħ'Attard, filed in the First Hall of the Civil Court on 13th March, 2019, the applicants Mary sive May Cuschieri (ID 156141M), Maria Teresa sive Marthese Psaila (ID 23738M), Maria Concetta sive Connie Hili (ID 45435M), Fabian Debono (ID 59888M), Jean-Paul Debono (ID 455489M), Anna Cassar (ID 693033M), Mario Cassar (ID 61458M), Alessandro Cassar (ID 192859M), Aldo Cassar (ID 328362M), Monique Theuma (ID 227066M), Advocate Dr Vincent Falzon (ID 28729M) as mandatory for and on behalf of Violet Delph and Walter Joseph Cachia respectfully submitted:

That the applicant Mary sive May Cuschieri (ID 156141M) in the quota of one eighth (1/8), Maria Teresa sive Marthese Psaila (ID 23738M) in the quota of one eighth (1/8), Maria Concetta sive Connie Hili (ID 45435M) in the quota of one eighth (1/8), Fabian Debono (ID 59888M) in the quota of one part of sixteen (1/16), Jean-Paul Debono (ID 455489M) in the quota of one part of sixteen (1/16), Anna Cassar (ID 693033M) in the quota of one eighth (1/8), Mario Cassar (ID 61458M) in the quota of one part of thirty-two (1/32), Aldo Cassar (ID 328362M) in the quota of one part of thirty-two (1/32), Monique Theuma (ID 227066M) in the quota of one part of thirty-two (1/32), Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Violet Delph in the quota of one eighth (1/8) and Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Walter Joseph Cachia in the quota of one eighth (1/8), heirs of Maria Dolores Cassar (ID 395636M) who died on the 24th April, 2016;

By means of a deed of the 22nd May, 1961, in the records of Notary Salvatore Abela, Joseph Dimech and Paolo Dimech in favour of John Cassar, granted by means of sub perpetual emphyteusis a portion of developable land of a total of eighty point four seven square canes (80.47 square canes) that is 353.26m², part of which and namely 73.15 square canes that is 321.13m² is known as Tal-Faxx, and the other part, namely 7.32 square canes that is 32.13m² is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of thirty-two pounds and four shillings (£32.4s.0d) today equivalent to seventy-five euro (€75.00) (Doc. A contract of sub-emphyteutical consession);

On the said land, John Cassar constructed a tenement (22 with the name Marie Reine) and a mezzanine (by the name Chez Amis) in Triq l-Annunzjata, Ħal Balzan (contract between Adelaide widow of John Cassar, and her children Maria Dolores Cassar and Maria Carmen wife of Victor Garroni, dated 21st July, 1972, in the records of Notary Joseph Raymond Grech) the said sub-groundrent of €75.00 was divided in half as for €37.50 on the tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan and the remaining €37.50 on the mezzanine with the name Chez Amis, in Triq l-Annunzjata, Ħal Balzan (Doc. B contract of division and Doc. C site plan);

After the death of John Cassar on the 5th August, 1971, the said tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, is subject to the sub-groundrent of €37.50 as part of the inheritance which John Cassar bequeathed to his daughter Maria Dolores Cassar, where she resided and continued to reside;

That on the 24th April, 2016, the said Maria Dolores Cassar (ID 395636M) died and was inherited by the applicants;

That Paolo Dimech died on the 13th February, 1965, and his share of the sub-direct dominius and namely half (1/2) undivied share which belongs in part to Tereża Dimech and as for one fourth (1/4) undivided share and the remaining one fourth (1/4) undivided share to the sub-owner Joseph Dimech who is already sub-owner as for other the remaining one half (1/2) undivided share, so that Joseph Dimech is the sub-owner of three quarters (3/4) undivided share whilst Tereża Dimech is the subowner of the remaining (1/4) undivided share;

That the portion of developable land of total area 80.47 square canes that is 353.26m² which in part and that is 73.15 square canes that is 321.13m² known as Tal-Faxx and which other part and that is 7.32 square canes that is 32.13m² known as Ta' Sqaq iż-Żeċċuk, in the limits of Tal-Gozzo in Ħal Balzan, given under sub-perpetual emphyteusis as stated in the contract of the 22nd May, 1961, in the records of Notary Salvatore Abela, from Jospeh Dimech and Paolo Dimech in favour of John Cassar, effectively forms part of a bigger portion of land granted from Benjamin Farrugia in favour of the said Joseph Dimech and Paolo Dimech through another sub-perpetual empyhyteusis;

... omissis ...

Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of a half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Benjamin Farrugia regarding this property is half (1/2) of €46.97 and that is €23.49;

... omissis ...

Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia regarding this property is half (1/2) of €2.56 and that is €1.28;

... omissis ...

Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba regarding this property is half (1/2) of €25.23 and that is €12.62;

... omissis ...

Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual groundrent above mentioned regarding the unknown inheritance of Maria Josephine Bugeja regarding this property is half (1/2) of €8.52 and that is €4.26;

... omissis ...

Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding this property is half (1/2) of €0.32 and that is €0.16;

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 groundrents and subgroundrents regarding the property 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, in terms of the same law;

That the amount of €37.50 representing the annual and perpetual subgroundrent above mentioned due to Architect Joseph Dimech and Tereża Dimech, capitalised at the rate of 5%, amounts to €750.00;

That the amount of €23.49 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of Benjamin Farrugia, capitalised at the rate of 5%, amounts to €469.80;

That the amount of €1.28 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, capitalised at the rate of 5%, amounts to €25.60;

That the amount of €12.62 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, capitalised at the rate of 5%, amounts to €252.40;

That the amount of €4.26 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Josephine Bugeja, capitalised at the rate of 5%, amounts to €85.20;

That the amount of €0.16 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg, capitalised at the rate of 5%, amounts to €3.20;

Thus, the applicants are requesting this Honourable Court and under its authority are depositing the amount of €1,586.20 to redeem this groundrent and subgroundrent which amount may be freely withdrawn by:

1. €750.00 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to Architech Joseph Dimech and Tereża Dimech regarding the above mentioned property, by the respondents Architect Joseph Dimech and Tereża Dimech, in their capacity and this after leaving the relative receipt according to law;

2. €469.80 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of Benjamin Farrugia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Benjamin Farrugia in their capacity and this after leaving the relative receipt according to law;

3. €25.60 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and due to the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia in their capacity and this after leaving the relative receipt according to law;

4. €252.40 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba in their capacity and this after leaving the relative receipt according to law;

5. €85.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Maria Josephine Bugeja, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Maria Josephine Bugeja in their capacity and this after leaving the relative receipt according to law;

6. €3.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg in their capacity and this after leaving the relative receipt according to law.

Depositors:

29, Mystica, Triq il-Mehrież, Ħ'Attard

Respondents:

Joseph Dimech, Villa Marisa, Triq Fortunato Mizzi, Rabat, Gozo

Deputy curators, Superior Courts, Valletta

Notification:

Director Public Registry, 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, above mentioned, with the witness of the Hon. Madam Justice Anna Felice, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

19 July 2019

Notice 1095

1095

By decree given by the Civil Court, First Hall on the 17th July, 2019, on the application of Ann Marie Ciantar (ID 42541A) et, Tuesday 22nd October, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held at room number 78, near the Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following properties:

Half undivided maisonette numbered 125 on the first floor with its own airspace in Triq Annibale Preca, Ħal Lija and garage numbered 15, which forms part of a complex of garages, accessible from an unnamed street, which leads to Triq Annibale Preca, Ħal Lija. The property has a servitude and is valued at thirty-five thousand euro (€35,000).

The said tenements are property of Eleanor Attard sive Attard Ogilvie (ID 347771M) and by decree of the 23rd March, 2009, Dr Anthony Cutajar and PL Liliana Buhagiar had been nominated for the absent Gordon Ogilvie.

N.B. The said properties will be sold as described in the acts of the judicial sale file number 16/12.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

22 July 2019

Notice 1096

1096

By means of a decree given by the First Hall Civil Court, on the 10th June, 2019, in the records of the application in the names Balan Cosmin Liviu vs Badic Alex-Valdimir et, Application Number 855/18 FDP, the following publication was ordered for the purpose of service of the respondents Alex Vladimir Badic and Alexandra Ioana Scuteinicu, 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 Cosmin Liviu Balan (ID 49144A) vs Alex Vladimir Badic (Romanian ID RR 57432) and Alexandra Ioana Scuteinicu (Romanian ID RX381917) together and in solidum betwen them, on the 22nd August, 2018, the applicants asked this Honourable Court:

1. To declare and decide that by their illegal, fraudulent and criminal behaviour the respondents or either of whom defrauded the interpellants by turning in their favour and in their interest the sum of €36,000 passed to the respondent Badic according to the agreement and for the reasons mentioned in the application and instead of using it for the reason it was intended and thus also committed a crime of a mise en scene and uphold the other demands in the application amongst which that the respondentds in solidum between them, they return to the interpellats the sum passed to the defendant Badic as stated in the application.

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

The Sworn Applicatrion in the names Balan Cosmin Liviu vs Badic Alex-Vladimir et, Application Number 855/18 FDP, has been deferred to the 17th October, 2019, at 9.00 a.m.

Notifiy:

Alex Vladimir Badic, The Cude, No. 307, Triq Luqa Briffa, Gżira

Alexandra Ioana Scuteinicu, The Cude, No. 307, Triq Luqa Briffa, Gżira

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

22 July 2019

Notice 1097

1097

By means of a decree given by the First Hall Civil Court on the 26th April, 2019, in the records of the Sworn Application in the names HSBC Bank Malta p.l.c. (C 3177) vs Gozo Caterers Ltd, Sworn Application Number 278/19 FDP, the following publication was ordered for the purpose of service of the respondent company Gozo Caterers Ltd, 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 HSBC Bank Malta p.l.c. (C 3177) vs Gozo Caterers Limited (C 4338) on the 14th March, 2019, the applicant HSBC Bank Malta p.l.c. asked this Honourable Court:

1. To declare the defendant company Gozo Caterers Limited is a debtor of the plaintiff bank in the sum of eighty-four thousand four hundred eighty-two euro and twenty-five cents (€84,482.25) due as stated in the application, besides further legal interest from the 30th January, 2019, till the date of effective payment, in terms of Article 1142 of Cap. 16 of the Laws of Malta and condemn the same defendant company to pay the Bank the amount liquidated as demanded.

With costs against the defendant company from now summoned so that a reference to its evidence be made.

The Sworn Application in the names HSBC Bank Malta p.l.c. (C 3177) vs Gozo Caterers Limited (C 4338) has been deferred for hearing to the 16th October, 2019, at 9.00 a.m.

Applicant: HSBC Bank Malta p.l.c., 32, Triq il-Merkanti,Valletta

Defendant: Gozo Caterers Limited, 305, Triq San Pawl, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

22 July 2019

Notice 1098

1098

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 28th March, 2019, Application number 555/2019 by Marthese Mangion et, whereby they prayed that it be declared open in favour of Marthese Mangion, Mario Mifsud and Joseph Mifsud children of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Denise Dingli daughter of the late Mary Rose Mifsud the latter daughter of the decujus in the quota of one fourth (1/4) undivided share the succession of Maria Rosa Mifsud, widow of Philip Mifsud, daughter of the late Riccardo Magro and Angela Magro nee Ellul, born in Qrendi, resided in Qrendi and died in Tal-Pietà, Malta on the 21st November, 2018, aged 84, and who held identity card number 0423034M.

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

22 July 2019

Notice 1099

1099

By means of a decree given by the Civil Court (Family Section) on the 19th June, 2019, in the records of the Sworn Application in the names Sammut Amato Maria Pia vs Sammut Brian, Application Number 72/19 AL, the following publication was ordered for the purpose of service of the respondent Brian Sammut, 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 Maria Pia Sammut Amato (ID 93990M) vs Brian Sammut (ID 515889M) on the 13th March, 2019, the applicant Maria Pia Sammut Amato (ID 93990M) asked this Honourable Court:

1. To declare and pronounce the personal separation between the parties for reasons imputable to the defendant and for the purposes of Article 48(C) of the Civil Code (Cap. 16 of the Laws of Malta) establish the date when the same defendant is to be considered as being guilty for the separation and uphold the other demands in the application.

With costs, including those of mediation against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in the names Sammut Amato Maria Pia vs Sammut Brian, Application Number 72/19 AL, has been deferred for hearing to Tuesday, 22nd October, 2019, at 9.15 a.m.

Applicant: 29, St Rita, Triq iċ-Ċawsli, San Ġwann

Respondent: Centre Court 1, Apartment 2, Triq il-Qasam, Swieqi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

23 July 2019