Court Notices published in Govt. Gazette No. 20,285 of 25th October 2019

ARB/C056/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 15th October, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 624/2019 in the case:

The Police 

(Inspector Kevin Pulis)

Versus

MANUEL OLIVERIO SANCHEZ MEDINA, works in construction, 42 years old, son of the late Manuel Sanchez Umpierr and Anna Maria Medina Rodriguez, born in Las Palmas de Gran Canaria (Las Palmas), Gran Canaria on the 24th July, 1977, without a fixed address in Malta and holder of Spanich passaport bearing number PAH105227. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to MANUEL OLIVERIO SANCHEZ MEDINA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta.

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

Any person who acts in contravention of the court order mentioned in Article 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

By means of a decree given by the Court of Appeal (Inferior Jurisdiction) on the 16th August, 2019, in the records of the Application in the names Elmo Insurance Limited vs Mapfre Middlesea plc, Application Number 56/19 (Arbitration Number M 4579/2015), the following publication was ordered for the purpose of service of the respondents Alex Fenech, and the company Vision Car Leasing Limited, the said Alex Fenech as juridical representative of the same company, this publication is being made in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Arbitration Number 4579/2015, Elmo Insurance Limited as subrogated in the rights of its insured Karl Fenech and the same Karl Fenech and with effect from the decree given on the 5th May, 2016, the name of the applicant and the insured ‘Karl Fenech’ came to read ‘Vision Car Leasing Limited’ vs Mapfre Middlesea plc, on the 24th June, 2019, the appellants Mapfre Middlesea plc (C 5553) humbly pleaded:

Preliminary

1.1. That by means of an arbitration award given by the Arbitration Tribunal on the 10th June, 2019, the arbitration in the names premised was decided by the decisive part of the same award reading thus ‘whilst rejecting the pleas brought by the respondents, upholds the applicant’s requests by declaring that the car accident which occurred on the 7th May, 2014, in Triq Fisher, Mġarr, Malta, occurred solely due to the fault of the insured of the applicant company, declare that the damages suffered by the applicant amount to €563.61 and with legal interests as demanded.

1.2. That the interpellant felt aggrieved with this arbitration award.

1.3. That in the first place the interpellant company points out that the arbitration award is affected by a defect which brings about nullity in so far as the condemnation of the interpellant company for the payment of damages prentended by the appellant is not preceded by a declaration of responsiblity.

… omissis …

2. Facts in Brief

… omissis …

3. The Grievances

3.1. In the first place it is pointed out that in the arbitration from which the present appeal is being made the Arbitration Tribunal could not reasonably arrive to the conclusion it reached and namely that the incident occurred from the bus indicated whilst it was passing near the applicant’s vehicle and hit it without noticing and continued going.

3.2 That in order that the Arbitration Tribunal reached this conclusion it based its investigation principally on the exercise whether the damage in question was effectively by a charbanc or not . Thus it considered that once there are traces of light blue on the vehicle of the appellants this is indicative that the damages were caused by a charabanc.

3.3. In the humble opinioin of the interpellant this exercise departs completely from the basis of the action as brought foward by the respondents and this because their action was based on a particular vehicle and namely charabanc with registration number Bus 158 and not any charabanc.

… omissis …

3.8 In the second place and without prejudice to the premised it is respectfully pointed out that on the basis of the proof brought in the course of this Arbitration, the Arbitration Tribunal could not reasonably reach the conclusion that the damage was caused by a charabanc with registration number Bus 158. If one delves in the proof one does not find that there is proof on a balance of probability that in the said street incident the charabanc in question was involved.

3.9. In this regard it is pointed out:

3.9.1. No proof was brought forward that the damage was caused by the vehicle with registratiomn number Bus 158.

… omissis …

3.9.3 The only allegation which was brought foward and which merited investigation was as regards the alledged trace of a light blue colour on the parked vehicle.

3.9.4 In any case from an examination of the survey report exhibited by the respondent herself there does not appear any trace of light blue colour.

3.9.5. This is being stated without prejudice to the interpellant’s argument which even if one had to consider that the colour is compatible with the colour of the vehicles of Arriva (a proof which was not brought foward) there remains missing the proof that the vehicle with registration number plate Bus 158 on account of which there resulted the damage as is being alleged by the respondents.

3.9.6. Added to this the Arbitration Tribunal had before it the categorical contestation of the driver who on the day of the incident had the control of the vehicle with registratioon number Bus 158. Kelvi Donne denies that he was involved in an incident with the charabanc he was driving.

3.10 That thus the case of the respondents was based on allegations and assumptions which do not hold and confronted with the proof brought forward by the interpellants do not lead in the interpellant’s opinion so that they reasonably bring about the serenity in the convincing that the vehicle with registration Bus 158 was responsible for the incident.

Thus and for these motives the interpellant whilst refering to the proof produced before the Arbitration Tribunal and reserving to bring further proof that this Honourable Court can permit and respectfully prays that this Honourable Court by upholding the grievances brought by the interpellant in this appeal, cancel and revoke the arbitration award given by the ArbitrationTribunal, on the 10th June, 2019, by rejecting the respondent’s demands thus uphold the pleas brought forward by the interpellant with costs against the same respondents.

Notify: 

Respondent Alex Fenech, 123, Triq il-Wied, Birkirkara (in the capacity above indicated)

Vision Car Leasing Limited, 185, Triq Annibale Preca, Ħal Lija

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decre given by the First Hall Civil Court, on the 30th July, 2019, in the records of the Warrant of Prohibitory Injunction, in the names Mifsud Thomas et vs Bugeja Loraine, Warrant Number 857/19 GM, the following publication was ordered for the purpose of service of the respondent Loraine Bugeja, 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 (Applicant) Thomas Mifsud, Director, son of Emanuel and Bastjana née Camilleri, born in Tal-Pietà on the 16th September,1976, and residing at Maria, Triq il-Ħabbież, Ħal Qormi, Malta (ID 473476M) and Ta’ Dernis Properties Limited (C 45644), a company registered in Malta on the 21st November, 2008, which has the registered address 80, Triq il-Ħabbież, Ħal Qormi, against (Respondent) Loraine Bugeja, legally separated from Kevin Bugeja, employee, daughter of Joseph Simiana and Carmen née Muscat, born in Ħ’Attard on the 10th December, 1974, and residing at Casa Latina, Triq il-Kbira, Ħal Balzan (ID 28775M), on the 28th June, 2019, the applicant Thomas Mifsud (ID 473476M) and Ta’ Dernis Properties Limited (C 45644) respectfully pleaded:

That the applicants in order to secure their rights wish to hold the respondent from:

hypothecating, selling, alienating, transferring by any other mode or giving any rights inter vivos and/or causa mortis of whatever kind including leases or concessions, by onerous or gratuitous title the maisonette without official number and without name, however internally marked with number 2, which is situated in Triq San Ġorġ, corner with Triq San Luqa, Żurrieq, and situated at groundfoor level overlying and underlying property of third parties as better described in this warrant and the preliminary agreement dated 3rd December, 2018.

That the issuing of this warrant is being asked in view of the following facts:

1. That on the 3rd December, 2018, the applicants and the respondent appeared and signed a preliminary agreement whereby the respondent bound herself and promised to sell and transfer to the same applicants who on their part bound themselves to buy and acquire the maisonette without official number and name, however internally marked with number 2, in Triq San Ġorġ, corner with Triq San Luqa, Żurrieq, as better described in this warrant.

2. That the respondent, notwithstanding being duly called to come forward and adhere to sign the final deed of sale and transfer of the property above indicated, remained in default and is refuting to come forward to the final deed.

… omissis …

6. That thus in the light of the fact that procedures were filed regarding the property described it will be wise and even just that this warrant be provisionally upheld and eventually granted in order that the factual and juridical state of the property mentioned be preserved.

That the applicant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order that he be witheld from continuing to carry out the acts abovementioned.

Sgd. Advocate Alicia Camilleri       Sgd. PL Joeline Pace Ciscaldi

Confirmed before by oath after I read its contents and in the presence of with four documents.

Republic of Malta 

Court Warrant

To the Court Marshall

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

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

Given by the Civil Court First Hall with the witness of Hon. Mr Justice Grazio Mercierca LLD, Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names Thomas Mifsud vs Loraine Bugeja, Warrant Number 857/19 GM, has been deferred for hearing to the 31st October, 2019, at 9.30 a.m.

Applicant: 

Thomas Mifsud, Maria, Triq il-Ħabbież, Ħal Qormi

Ta’ Dernis Properties Limited, 80, Triq il-Ħabbież, Ħal Qormi

Respondent: Casa Latina, Triq il-Kbira, Ħal Balzan

Execution: Maisonette 2, Triq San Ġorġ, corner with Triq San Luqa, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree by the Civil Court First Hall on the 15th October, 2019, (JZM) in the records of the Sworn Application in the names Formosa Larry Dr noe vs Petkova Todorovabruno Maia, Application Number 905/19 JZM, the following publication was ordered for the purpose of service of the respondent Maia Petkova Todorovabruno, 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 Advocate Dr Larry Formosa (ID 2587G) in the name and in representation of the absent Jason Bruno vs Maia Petkova Todorovabruno (ID 0143008L) on the 23rd September, 2019, the applicant Advocate Dr Larry Formosa (ID 2587G) in the name and in representation of the absent Jason Bruno (power of attorney attached) asked this Honourable Court:

1. In the first place to liquidate after establishing the community of acquests between the deceased Godfrey Bruno and his wife the defendant Maia Petkova Todorovabruno by declaring that they consist in those movable and immovable assets real and personal which result during the course of the pleadings, divide the community of acquests as liquidated in two equal portions and assign one to the particular estate of Godfrey Bruno and the other to the particular estate of Maia Petkova Todorovabruno and uphold the other demands in the application, and condemn the defendant to pay the plaintiff the share reserved to him by law in terms of Articles 615, 616, 617 and 620 of the Civil Code.

Saving any other action due to the plaintiffs and with costs as demanded against the defendant summoned so that a reference to her evidence be made.

The Sworn Application in the names Formosa Larry Dr Noe vs Petkova Todorovabruno Maia, Application Number 905/19 JZM, has been deferred for hearing to Monday, 18th November, 2019, at 9.00 a.m. 

Respondent: 104, Triq Clarence, Msida

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 3rd July, 2019, RGM, in the records of the Sworn Application in the names Debattista John vs Cini Etienne et, Application Number 477/19 RGM, the following publication was ordered for the service in respect to the defendants Etienne Cini, Emilio Cini and Mary Doris Cini, 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 John Debattista (ID 894445M) vs Etienne Cini (ID 204181M) Estelio Cini (ID 345086M) and Mary Doris Cini (ID 372650M) on the 17th May, 2019, the applicant John Debattista (ID 894445M) asked the respondents to state why this Honourable Court should not:

1. Declare that the opening of new windows or apertures on to the airspace of the residence of the defendants and namely i) Etienne Cini, 71, Stella Maris, Flat 2, Triq il-Baċir, Msida, Estelio Cini (ID 325086M) 71, Stella Maris, Flat 1, Triq il-Baċir, Msida, and Mary Doris Cini (ID 372650M) of 71, Stella Maris, Flat 1, Triq il-Baċir, Msida and any new communication of water and drainage is illegal and abusive and uphold the other demands in the application amongst which the liquidation of damages suffered by the applicant and the payment of the same.

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

The Sworn Application in the names Debattista John vs Cini Etienne et, Application Number 477/19 RGM, has been deferred for hearing to the 27th November, 2019, at 9.45 a.m.

Notify Respondents: 

Etienne Cini, 71, Stella Maris, Flat 2, Triq il-Baċir, Msida

Emilio Cini, 71, Stella Maris, Flat 1, Triq il-Baċir, Msida

Mary Doris Cini, 71, Stella Maris, Flat 1, Triq il-Baċir, Msida

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 10th October, 2019, GM, in the records of the Sworn Application in the names Caruana Francesca (ID 64889M) vs Cauchi Jonathan (ID 29986M), Application Number 842/19 GM, the following publication was ordered for the purpose of service of the respondent Jonathan Cauchi (ID 29986M), 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 Francesca Caruana (ID 64889M) vs Jonathan Cauchi (ID 29986M) on the 3rd September, 2019, the applicant Francesca Caruana (ID 64889M), asked this Honourable Court:

1. To declare that the applicant and the defendant are the co-owners of the property or rather apartment internally marked with number 3, in the block with the name ‘Ocean Swell Apartments’ in Triq il-Fortizza, Mellieħa, declare that the premises indicated is not easily divisible between the parties and order that the said property be sold either to the applicant or by licitation.

The Sworn Application in the names Caruana Francesca vs Cauchi Jonathan, Application Number 842/19 GM, has been deferred for hearing to Thursday, 7th November, 2019, at 9.30 a.m.

Notify Respondent: 3, Ocean Swell Apts, Triq il-Fortizza, Mellieħa

Registrar of the Superior Courts, today 22nd October, 2019

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 14th October, 2019, by the following Court (AL), in the records of the Letter of Mediation in the names Sandra Borg Cardona vs Joseph Micallef, Letter Number 950/2019, the following publication was ordered for the purpose of service of the respondent Joseph Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of Application filed in the records of the Letter of Mediation in the names Sandra Borg Cardona vs Joseph Micallef, abovementioned, the applicant Sandra Borg Cardona (ID 435279M) respectfully pleaded:

That the parties separated on the 30th June, 2016, in the records of Notary Dr Annalise Micallef;

That in terms of clause D(3)the respondent is bound to pay the school fees of the minor;

That notwithstanding this, the respondent is failing from paying the school fees of the school Sacred Heart College, of the minor daughter, with the excuse that the fee is a donation;

That the parties recieved various reminders on the part of the school dated 9th May, 2019, and 10th June, 2019;

That furthermore she was asked to attend for a meeting with the school where she was informed that if they did not pay these fees they shall have to reconsider the attendance of the minor at school;

Thus the interpellant paid the sum of €500 in order to make sure that her daughter can still attend the school where she is well established and that she does not suffer any prejudice due to the default of her father.

… omissis …

Thus the interpellant humbly prays this Honourable Court:

1. To order the respondent to pay the interpellant the sum of €500 as payment for the school fee Sacred Heart College Foundation, for the minor … omissis …;

2. Order the respondent to pay the interpellant the sum of €792 arrears of school fees of the said minor in order that the interpellant can effect the payment of the school fee;

3. To vary the contract of separation of the 30th June, 2016, in such a manner as to increase the maintenance of the minor … omissis … to the amount of €300 every 4 weeks in order to reflect the fee of the minor for which the interpellant is to be responsible.

Respondent: Ramon Court, 10, Triq Caruana Gatto, Ħ’Attard

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 2nd October, 2019, in the records of the Sworn Application in the names Gatt William et vs Mangion George et, Application Number 390/19 JVC, the following publication was ordered for the purpose of service of the defendants George Mangion and Marthese Mangion, 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 William Gatt (ID 63147M) and Joseph Ellul (ID 310253M) and Maria Ellul (ID 755854M) and Malcolm Ellul (ID 507683M) and Anne Marie Farrugia (ID 152981M) vs George Mangion (ID 176084M) and Marthese Mangion (ID 462575M) on the 16th April, 2019, the applicants William Gatt et asked this Honourable Court:

1. To declare that the plaintiffs and the defendants are the co-owners of the property which is situated in the third floor qua roof on the block of apartments which bears the name ‘Doris Flats’ with number 93, in Triq Patri Ġużepp Calleja, Saint Paul’s Bay SPB 2732, (Doc. A to Doc. C attached) with all its rights and appurtenances in equal shares between them and uphold the other demands in the application amongst which the partition of the said property.

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

The Sworn Application in the names Gatt William et vs Mangion George et, Application Number 390/19 JVC, has been deferred for hearing to the 12th November, 2019, at 9.30 a.m.

Notify Defendants:

George Mangion, 103, Bless The Home, Triq F. Buhagiar, Birkirkara

Marthese Mangion: 103, Bless The Home, Triq F. Buhagiar, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th August, 2019, Application number 1326/2019 by John Camilleri and Miriam Cachia, 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  their mother Maria Camilleri, wife of  Joseph Camilleri, daughter of  the late Edoardo Dimech and Maria Dimech nee Eastop, born in Floriana, Malta, resided in Ħal Luqa, Malta and died in Ħal Luqa, Malta on the 6th September, 2018, aged 85, and who held identity card number 0776032M.

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 5th August, 2019, Application number 1327/2019 by John Camilleri and Miriam Cachia, 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 their father Joseph Camilleri, widower of Mary Camilleri née Dimech, son of the late Giovanni Camilleri and Maria née Pace, born in Marsa, Malta, resided in Paola, Malta and died in Paola, Malta on the 2nd October, 2018, aged 84, and who held identity card number 0047134M.

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 (Family Section) on the 10th July, 2019, by the Court herein mentioned (AF) in the records of the Application in the names Raymond Muscat vs Caroline Mackay, Application for Revocation 58/2019, the following publication was ordered for the purpose of service of the respondent Raymond Muscat, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the records of the Warrant of Prohibitory Injunction Number 85/2018, in the names Raymond Muscat (ID 412682M) vs Caroline Mackay (ID 43180M) on the 4th March, 2019, the applicant Caroline Mackay (ID 43180M) in terms of Article 836 of the Laws of Malta respectfully pleaded:

That by means of a Warrant of Prohibitory Injunction number 85/2018 upheld by this Honourable Court on the 5th July, 2018, the respondent obtained a warrant in virtue of which he prohibited the departure of the parties’ daughter … omissis … from Malta, copy annexed Doc. A;

That by the present the interpellant is filing this application for the purposes of Article 836(1) and (b) and (f) of Cap. 12 of the Laws of Malta, cancel and revoke the Warrant of Prohibitory Injunction 85/2018 as well as condemn the respondent to pay a penalty for the purposes of Article 836 (8) of the same Code;

That the same Warrant of Prohibitory Injunction is to be revoked and cancelled for the following reasons:

1. That in the first place the interpellant pleads that it is not justified that the said Warrant of Prohibitory Injunction be kept in force in the present circumstances;

2. That without prejudice to the above, the applicant does not have any intention to leave Malta with the minor;

… omissis …

4. That apart from this, the interpellant presently has a lawsuit pending before the First Hall Civil Court against the respondent and without any doubt does not have any intention to leave from the territory, Malta;

… omissis …

6. That at this stage the interpellant points out that according to a writing of the year 2016, signed by the parties regarding … omissis … the respondent gave his consent so that the interpellant can take the minor outside the country.

… omissis …

Thus the applicant is respectfully praying this Honourable Court to order that there be revoked and cancelled the Warrant of Prohibitory Injunction Number 85/2018, of the 5th July, 2018, and this in terms of Article 836(1) (b) and (f) of Cap. 12 of the Laws of Malta and authorise the interpellant to apply for the issuing of a passport in favour of the minors and with all costs against the respondent saving those provisions that this Honourable Court deems fit and opportune.

Applicant: Rome, Triq Mater Boni Consilii, Fgura

Respondent: Anre, Triq Gregorio Durante, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 2nd July, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 24th June, 2019, whereby they asked the Tribunal to condemn Josef Mallia (ID 405488M) of Salinas Park Blk B, Fl. 4, Triq il-Fugass, San Pawl il-Baħar, to pay the plaintiff company the sum of  €1113.34 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 153/2019SFJ) is put off on the 4th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 2nd July, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 24th June, 2019, whereby they asked the Tribunal to condemn Zidane Rizzo (ID 153598M) of 5, Fl. 1, Sqaq Marina Nru. 1, Kalkara, to pay the plaintiff company the sum of €1182.59 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 143/2019SFJ) is deferred on the 4th November, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 22nd October, 2019, on the application of Bank of Valletta p.l.c. (C 2833), Wednesday, 11th December, 2019, has been fixed for the sale by auction to be held by broker Jesmond Mizzi at 1/2, Triq il-Kbira San Ġużepp, Ħamrun of the following items seized from the property of Property Network Limited (C 9870).

55,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140);

95,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140);

174,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140).

N.B. The said shares will be sold as described in the acts of the judicial sale number 12/19.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunal

By decree given by the Civil Court, First Hall on the 14th October, 2019,  on the application of Galea Leanne (ID 79176M), Tuesday, 21st January, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartment numbered one (1) forming part of a block named “Mon Cheri”, without number, in Triq L. Zamenhoff, Msida, situated on the first floor level, with common block access that abuts on the street and is the sole apartment in this floor, overlying and underlying third parties property, including half undivided share of the common parts of the said block and the whole property of the washroom number one (1) on the roof of the said block, bounded on the  North and West by the said roof, and to the West by washroom number two (2) property of John Agius or his successors in title. The apartment is subject to annual and perpetual ground rent of fifteen Maltese liri (Lm15) equivalent to thirty-four euro and ninety-five cents (€34.95), as described and subject to all the conditions mentioned in the acts of Notary Dr Carmel Mangion dated 10th July, year two thousand (10/07/2000) and the block bounds by East with the said street, North and South with property of Alfred Dimech or his successors in title, or other correct boundaries, and is valued at two hundred and seventy-five thousand euro (€275,000).

The said tenement is the property of Camilleri Alfred (ID 81876M) and Camilleri Geraldine (ID 289980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 8th October, 2019, on the application of Suban Theresa (ID 295040M) et, Thursday, 16th January, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Field known as ‘Ta Buqana’, limits of Rabat valued in an agricultural zone outside the development zone, with a total approximate size of 2414 metres squared, with access from countryside alley from a principal road, Triq Bubana. The field is longitudinally shaped with breadth of approxiamate 26.9 metres and length of approxiamate 98.5 metres with a lease of €2.00 per year and valued twenty-two thousand and one hundred euro (€22,100).

The said tenement is the property of Suban Theresa (ID 295040M), Schembri Mario (ID 52660M), Schembri Joseph (ID 663061M), Schembri Catherine (ID 416463M), Schembri Vincent (ID 383066M) and Zammit Doris (ID 194868M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 22/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the twenty-first (21st) of October of the year two thousand and ninteen (2019) (Application number 115/2019BS) Anthony Bartolo et requested the opening of the succession of Jane Bartolo, spinster, daughter of the late Michael Bartolo and Carmela née Buttigieg, born and used to reside in Qala, Gozo, died in Victoria, Gozo, on the thirteenth (13th) of February of the year two thousand and one (2001), testate, that she regulated her succession by a will in the acts of Notary Dr Kristen Dimech dated second (2nd) February of the year two thousand and one (2001) and this according to the relative testamentary research, where in the mentioned will she left some legacies but did not nominate any heirs. That Jane Bartolo was superseded by her sister Margaret Zammit widow of George Zammit, her brother Anthony Bartolo, her brother Joseph Bartolo, her sister Mary Aquilina wife of Raphael Aquilina, her sister Loreta Vella wife of Peter Paul Vella that subsequently died on the twenty seventh (27th) of February of the year two thousand and ninteen (2019) and according to her will in the acts of Notary Maria Grima dated twenty second (22nd) of February of the year two thousand and ninteen (2019) nominated as universal heirs her four children Maryanne Bigeni wife of Carmel Bigeni, Christopher Vella, Joseph Vella and Michael Vella equally between them. Her brother Michael Bartolo that subsequently died on the ninth (9th) of August of the year two thousand and seven (2007) without a will and without any descendents. Another sister of the decujus, Sr Mary Josephine Bartolo in the century Concetta Bartolo, who took the solemn votes on the eighteenth (18th) of April of the year ninteen eighty-two (1982) and therefore renounced any heredity both present and even future, which opening of succession is to be made as to one sixth (1/6) undivided share in favour of Margaret Zammit, as to one sixth (1/6) undivided share in favour of Anthony Bartolo, as to one sixth (1/6) undivided share in favour of Joseph Bartolo, as to one sixth (1/6) undivided share in favour of Mary Aquilina, as to one sixth (1/6) undivided share between them in favour of Maryanne Bigeni, Christopher Vella, Joseph Vella and Michael Vella as the successors of their mother Loreta Vella, as to one of thirty (1/30) undivided share each one of them in favour of Margaret Zammit, Anthony Bartolo, Joseph Bartolo and Mary Aquilina as the successors of their brother Michael Bartolo and as to one of thirty (1/30) undivided share between Maryanne Bigeni, Christopher Vella, Joseph Vella and Michael Vella as the successors of their mother Loreta Vella where same Loreta Vella was one of the successors of her brother Michael Bartolo.

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

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 14th October, 2019, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Janika Mifsud and Clinton Mifsud in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application Number 131/19CFF in the records of the garnishee order numbered 1906/2017, filed by Mario Falzon (ID 515972M) in his own name and on behalf of the firm Proman Interiors in terms of Article 836 of Cap. 12 of the Laws of Malta on the 24th June, 2019, in the names Janika Mifsud (ID 195889M) and Clinton Mifsud (ID 253286M) vs Mario Falzon (ID 515972M) in his own name and for and on behalf of the firm Proman Interiors where Mario Falzon requested with respect: 

That Janika and Clinton spouses Mifsud requested and obtained against the applicant pro et noe the issue of the precautionary garnishee order number 1906/2017 for the sum of €7,080 (Doc. A), and this by way of security for the claims set out in their counter-claim as counter-claimants in the case in the names Mario Falzon pro et noe vs Clinton Mifsud et, Notice Number 170/2017CFF;

The applicant pro et noe secured the amount of €7,080 claimed by Janika and Clinton spouses Mifsud by means of a Bank Guarantee number G02TFC57376 that is being deposited, together with the costs of the warrant abovementioned, by means of a schedule of deposit number 1351/2019 (Doc. B) to make good for the claims of Janika and Clinton spouses Mifusd and this so that the applicant will be free from any warrants and can continue with his business;

Notwithstanding that there is in place an adequate and sufficient guarantee to satisfy the claims of Janika and Clinton spouses Mifsud and thus in the circumstances it is not reasonable that the said precautionary warrant will remain in force and is no longer necessary or justificable (Article 836(1)(c)(e)and (f) of Cap. 12 of the Laws of Malta.

Thus, the applicant is requesting with respect this Honorable Court to revoke the garnishee order number 1906/2017 in the names Janika Mifsud et vs Mario Falzon pro et noe and this in terms of one of the reasons above mentioned in Article 836(1)(c)(e) and (f) of Cap. 12 of the Laws of Malta, saving any other order that this Honourable Court wishes to give in the circumstance of the case.

With costs and reserving the right to any other action by the applicant, including that of damages.

Applicant: Mario Falzon, Proman Interiors, n/s off Regional Road, Msida

Service: Janika and Clinton spouses Mifsud, 24, Phoenix, Triq Emm. Attard, Santa Venera

The application (Application Number 131/19CFF) in the names Janika Mifsud et vs Mario Falzon pro et noe has been postponed to be heard on 5th November, 2019, at 1.30 p.m. before Magistrate Dr Caroline Farrugia Frendo.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals