Court Notices published in Govt. Gazette No. 20,342 of 4 February 2020

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 13th January, 2020, Application number 43/2020 by Louis Charbon, whereby he requested that it will be declared open in favour of Louis Charbon, Agnes De Marco nee Charbon, Mary Ann Mercieca nee Charbon and Sylvia Farrugia nee Charbon in the quota of one sixth (1/6) undivided share each one of them; in favour of Jennifer Charbon, Lisa Maria Potvin nee Charbon and Jeffrey Charles Charbon in the quota of one part of eighteen (1/18) undivided share each one of them and in favour of Elizabeth Maureen Brincat and Elaine Ruth Sonnier nee Brincat in the quota of one twelfth  (1/12) undivided share each one of them the succession of Josephine Charbon nee Galea, widow of Joseph Charbon, daughter of Raphael Galea and Rosa nee Musù, born in Isla, Malta, resided in California, United States of America and died in California, United States of America on the 10th June, 2001, aged 82.

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 13th January, 2020, Application number 41/2020 by Mary Grace Charbon nee Micallef et, whereby they requested that it will be declared open in favour of Jennifer Charbon, Lisa Maria Potvin nee Charbon and Jeffrey Charles Charbon children of the decujus in the quota of one third (1/3) undivided share each one of them and in favour of Mary Grace Charbon nee Micallef with respect to the usufruct on one half (1/2) undivided share of the estate of the deceased the succession of Charles Marios Charbon husband of Mary Grace Charbon, son of Joseph Charbon and Josephine nee Galea, born in Bormla, Malta, resided in Michigan, United State of America and died in Michigan, United States of America on the 13th March, 1997, aged 53.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 13th January, 2020, Application number 42/2020 by Robert Brincat et, whereby they requested that it will be declared open in favour of Elizabeth Maureen Brincat and Elaine Ruth Sonnier nee Brincat children of the deceased in the share of one half (1/2) undivided share each one of them and in favour of Robert Brincat husband of the deceased with respect to the usufruct on one half (1/2) undivided share of the estate of the deceased the succession of Rose Mary Brincat nee Charbon, wife of Robert Brincat, daughter of Joseph Charbon and Josephine nee Galea, born in Bormla, Malta, resided in Ontario, Canada and who died in Windsor, Ontario, Canada on the 8th February, 2001, aged 55.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 17th October, 2019, Application number 1819/2019 by Stella Vassallo et, whereby they requested that it will be declared open in favour of Stella Vassallo in the quota of one sixth (1/6) undivided share; in favour of  Paul Vassallo Agius in the quota of one sixth (1/6) undivided share; in favour of Mary Doris Sciberras in the quota of one sixth (1/6) undivided share, in favour of Melita Zammit in the quota of one sixth (1/6) undivided share, in favour of the nephews and nieces of the decujus that is in favour of John Vassallo in the quota of one twelfth (1/12) undivided share, in favour of Anthony sive Tonio Vassallo in the quota of one twelfth (1/12) undivided share, in favour of Patricia Moira Vella Briffa in the quota of one twelfth (1/12) undivided share and in favour of Ingrid Vella in the quota of one twelfth (1/12) undivided share the succession of Ines Vassallo, unmarried, daughter of the late Joseph Vassallo and Josephine nee Agius, born in Rabat, Malta, resided in Rabat, Malta and died at Tal-Qroqq, Msida, Malta on the 7th December, 2017, aged 79, who held identity card number 114338M.

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 decree given by the Civil Court, First Hall on 9th January, 2020, on the application of Damian Borg (ID 196479M), Tuesday, 24th March, 2020, at noon (12.00 p.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.

Apartment internally numbered two (2) forming part of a block of apartments officially numbered thirty-five (35) named ‘Falcon Forge’, with common entrance in Triq it-Torri, Msida. This apartment is situated on the first floor subject to an annual and perpetual ground rent of thirty euro and fifty-one cents (€30.51) per year with all its rights and appurtenances as further described in the contract on the tenth March, two thousand and seven (10.03.2007) in the acts of Notary Carmel Gafà, valued at two hundred and sixty-five thousand euro (€265,000).

The said tenement is the property of Samvel Gurjinyan Gurdzhinyan (ID 41425A) and Irina Uspenskaya (ID 41426A) and by decree of 30th July, 2017, Dr Josette Sultana and Nicholette Aquilina LP had been nominated as curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 21/2018.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 30th January, 2020, on the application of Michael Attard Limited (C 32362), Thursday, 12th March, 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 Archives, Level -1, Triq ir-Repubblika, Valletta of the following property.

One of eight (1/8) of an undivided share  of a two-floor corner house with entrance in Triq Ġorġ Borg Olivier, Rabat. The share is valued at nineteen thousand, three hundred and seventy-five euro (€19,375).

The said tenement is the property of Anthony Vassallo (ID 825847M) et.

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2015.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 21st January, 2020, on the application of Elmo Insurance Limited (C 3500), Wednesday, 25th March, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held at number seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Daniel Paul Grima (ID 508580M).

Televixin AR System, three (3) piece sofa maroon in colour, sottospecchio, two (2) ceramic statues, two (2) chairs, table and six (6) chairs and other various objects.

N.B. The said objects will be sold as described in the acts of judicial sale number 2/2020.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 21st January, 2020, on the application of Kim Sciberras (ID 128786M), Wednesday, 25th March, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held at number seventeen (17), Triq id-Dejqa, Valletta of the following items seized from the property of Dylan Saliba (ID 252693M).

A three-seater sofa and two armchairs black in colour, an LCD-type television set of the make Panasonic, a surround sound system of the make Thompson, a satellite receiver of the make Hummax, a small metal table with a glass top and various other objects.

N.B. The said objects will be sold as described in the acts of judicial sale number 1/2020.

MARVIC FARRUGIA

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 27th December, 2019, following a request by Joseph Fenech, it was ordered that deputy curators be chosen to represent the late Anna Sant Cassia in the acts of the schedule of deposit number 2426/2019, in the names Joseph Fenech vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court, in the names Joseph Fenech, company director, son of the late Joseph Fenech and Irene née Borg, born in Tal-Pietà and residing at 35, The Palms, Penthouse, Triq K. Galea, Birkirkara (ID 165065M) vs deputy curators to represent the late Anna wife of Henry Sant Cassia, daughter of the late Giovanni Pio Depiro Gourgion and Maria Emma née Gauci Tramblett, born in Rabat, Malta and resided at 450, Triq San Pawl, San Pawl il-Baħar who died on the 12th December, 1995 (ID 311415M) on the 19th December, 2019, the applicant respectfully submitted:

That the applicant pays the annual and perpetual groundrent of €9.47 in connection with the premises currently used as a shop presently with the name Mr Big, with number 855, built on plot 1XB in Triq il-Kbira San Ġużepp, Ħamrun, in the area also known as Ta’ Braxia, Blata l-Bajda, otherwise free and unencumbered, with all its rights and appurtenances, and which enjoys and at the same time is subject to the servitudes which result from its position as shown in the plan attached and marked as Doc. A;

That originally the premises was a house forming part of the estate of Vincenzo Spiteri who died on the 24th December, 1945, without a will and without children;

So his estate was regulated by the law at the time and accordingly one third undivided share was bequeathed to his wife Aurelia Spiteri and two thirds undivided shares were bequeathed in favour of his mother Carmela Spiteri née Micallef and his siblings;

Following a judgment given by the First Hall of the Civil Court on the 27th May, 1947, the said Carmela Spiteri and the siblings of the deceased divided the estate of the same by means of a public deed by Notary Giuseppe Sammut on the 10th June, 1947, where the estate was divided into three equal portions and Carmela Spiteri and the siblings of the deceased took the second and third portion respectively;

As Carmela Spiteri and her children did not want to remain in co-ownership on the immovables, they made a plan of division divided into ten portions with the assistance of Architect Raoul J. Cousin and after a process where lots were drawn, the division was entered into by means of a public deed on the 5th November, 1947, in the records of the same Notary Giuseppe Sammut;

By means of this division the said premises forming part of the tenth portion belonged exclusively to Maria Scifo née Spiteri, sister of the deceased Vincenzo Spiteri;

That Joseph Fenech Forte, father of the applicant, acquired the premises by means of a deed dated 4th February, 1965, from the power of the said Maria Scifo a copy of which is attached and marked as Doc. B;

The said Joseph Fenech Forte died on the 21st March, 1984, and after the death of his mother, Joseph Fenech Forte inherited in equal shares with his siblings, Alfred Fenech and Yvonne Mc Elhetton, the estate of the same Joseph Fenech Forte;

By means of a deed of division dated 5th April, 2004, published in the records of Notary Joseph Abela, the third portion of the estate which consisted of the said premises, amongst other immovables, was assigned to the applicant Joseph Fenech;

The applicant wishes to avail himself of the option given to him by means of article 1501 of the Civil Code to redeem the said groundrent according to law;

The groundrent of €90.47 capitalised at the rate of 5% amounts to €189.40;

By means of this schedule of deposit, the applicant is also depositing the sum of €47.35 to represent the groundrent arrears for five years.

Thus the applicant is calling upon this Honourable Court and under its authority is depositing the amount of €236.75, this being the total amount of redemption of groundrent on the same premises and the said arrears, which sum may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Notification: 

Deputy curators, Courts of Justice, Valletta

Director Public Registry, Triq il-Merkanti, Valletta

Registrar of Lands, 116, Casa Bolino, Triq il-Punent, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Francesco Depasquale LLM (IMLI), LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th November, 2019, of the Rent Regulation Board, in the records of the Application in the names Antonia Grech vs Dr Eucharist Bajada, Application Number 149/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Dr Eucharist Bajada in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Antonia Grech (ID 430743M) vs Dr Eucharist Bajada (ID 430743M) filed before the Rent Regulation Board on the 9th July, 2019, the applicant Antonia Grech (ID 430743M) requested with respect and confirmed on oath that:

1. By means of a private lease agreement dated 15th December, 2017, the applicant granted by title of lease to the respondent Dr Eucharist Bajada the premises with the name Syville found in Triq Valletta, Mosta, at the monthly rate of €2,200 besides the payment of the groundrent which the tenant also had to pay, as evidently results from the lease agreement that is being attached and marked as Doc. A;

2. In terms of clause number 3 of the lease agreement, the rent is payable every 4 months in advance. If the tenant is in default of such payment of rent, even after the lapse of fifteen days as set out in the lease agreement, the agreement between the parties is ipso iure terminated and the tenant obliges himself to return the premises to the applicant immediately and with vacant possession; 

3. The last rent payment that the lessee paid was that of September 2018 and in fact the rent due for January of the current year and of the 9th May of the current year is still unpaid by him. Although the respondent is still in default of payment, the abovementioned premises have not been returned to the applicant and this although the respondent has no title whatsoever. This default is causing the applicant prejudice and damage;

4. Apart from this the respondent had problems with the payments of the water and electricity, and this in breach of clause number 15 of the lease agreement. In fact this clause stipulates that if the tenant is in default of payment of the water and electricity bills, the lease is terminated and the tenant obliges itself to return the premises to the owner. In fact there is a balance of €13,950.23 which is still due and the electricity main was disconnected;

5. Apart from this the respondent obliged himself to do the improvements MEPA infringements, on main door and joined houses and namely to restore the same premises after he made structural alterations in the premises without the permission of the owner and without the permission of the PA as stipulated in clause 5 and 12 and this notwithstanding the works were still not carried out in the premises subject matter of these proceedings;

6. In terms of the lease agreement which was signed between the parties in this case, it is stipulated in clause 13 that penalties of €200 daily shall accrue for the occupation of the premises by the lessee if he does not observe the conditions imposed on him in the lease agreement and fails to return the keys of the premises with the vacant possession and with the alterations carried out and to vacate the premises;

7. The applicant declares that as far as she knows the respondent does not have any defences to bring to the requests of the applicant and thus it is the case that the case should be heard and be decided  summarily without proceeding to trial according to article 167 et sequitur of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta) in terms of article 16A of the Reletting of Urban Property Regulation Ordinance (Cap. 69 of the Laws of Malta);

8. These facts are of direct knowledge of the applicant and this as set out by means of a declaration of facts of the applicant which is being here attached and marked as Doc. B;

9. So these procedures had to be instituted.

Thus in view of the above, the respondent should state why this Board should not proceed summarily without proceeding to trial according to article 167 et sequitur of Chapter 12 of the Laws of Malta and article 16A of Chapter 69 of the Laws of Malta and:

1. Hear these proceedings summarily without proceeding to trial according to article 167 et sequitur of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) and article 16A of the Reletting of Urban Property Regulation Ordinance (Cap 69 of the Laws of Malta);

2. Declare that the respondent is in default of payment of the rent and is occupying the premises Syville found in Triq Valletta, Mosta without any valid title at law;

3. Order the respondent Dr Bajada so that within a short and peremptory time that this Honourable Board deems fit, to release the possession, and vacate from the premises and give back the keys of the same premises to the applicant, and this subject to any declaration which this Board deems fit and opportune;

4. Condemn the respondent to pay the rent arrears and that of the water and electricity that are due and to make good for the costs of the termination of the agreement; and restore the premises according to that stipulated in the agreement;

5. Without prejudice to the abovementioned, condemn the respondent pays the applicant the penalties of €200 a day since the respondent failed to observe the conditions of the lease and failed to return the keys of the premises and vacant possession and failed to restore the premises and this till the date of the effective eviction, and the penalties according to clause number 13 of the lease agreement signed between the parties.

With costs and legal interest from the date of effective payment, against the respondent who is from now summoned so that a reference to his oath be made, and reserving any other action against the respondent.

Plaintiff:  Landsbridge Mansion, Apartment 3B, Buġibba Promenade, Buġibba SPB 2506

Respondent: Syville, Triq Valletta, Mosta

The application in the names Antonia Grech vs Dr Eucharist Bajada, Application Number 149/2019MV, has been postponed for hearing to the 13th February, 2020, at 10.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th January, 2020, in the records of the judicial letter number 2439/19, in the names J Zammit Estates Limited vs Sandro Piscopo, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Sandro Piscopo (ID 292273M) of Lot 35, Flat 3, Triq il-Marokk, Naxxar on the 14th November, 2019, J. Zammit Estates Limited, previously JMC Properties Limited, solicits you so that you pay immediately the amount of  €3,340.32 besides the legal interest from the due day of each bill of exchange till the effective payment, representing twenty-four (24) installments of value €139.18 each, which bills of exchange expired on the 3rd day of each month from February 2017 till November 2018 (copies here attached and marked Doc. A1 – Doc. A24).

This judicial letter is being made in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty (20) days from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose such execution of these bills of exchange, this credit will be rendered an executive title and executive warrants will be issued against you according to Law.

So much so may know how to proceed and regulate yourself and with costs against you.

This judicial letter is being sent to you in terms of Articles 253(e) and 256(2) of Chapter 12 of the Laws of Malta and to render executable the bills of exchange and in case you do not make an application within twenty (20) days from the notification of this judicial letter in terms of Article 253(e) Chapter 12 of the Laws of Malta to oppose the execution of the same bills of exchange on the basis that the signature on the bills of exchange is not yours or of your mandatory or on the basis of grave and valid reasons to oppose this execution, the bills of exchange in question will be rendered executable.

Interpellant company:  J. Zammit Estates Limited, Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 23rd October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 14th  October, 2019, whereby they asked the Tribunal to condemn Schmidt Jasinskis Tobias Bulow (ID 137125A) of Zephyr, Flat 3, Triq ir-Rebħa, Gżira, to pay the plaintiff company the sum of €1682.58 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 307/19CZ) is deferred on the 19th February, 2020, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 17th January, 2020, given by the Courts of Magistrates (Malta), 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 (Chapter 12).

That by the application filed by J. Zammit Estates Limited with the registration number C 52422 on the 24th October, 2020, is asking for the withdrawal of the amount of €467.21 by J. Zammit Estates Limited deposited by the Schedule of Deposit number 1694/2017 in the names of:

J Zammit Estates Limited C 52422

vs

Claudette Camilleri (ID 504478M) and Loreta Zammit (ID 266075M) as special mandatory of the absent Christopher Camilleri (passaport number1074707) and as a legitimate representative of her minor son … omissis …, in their capacity as heirs of Carmelo Cornelius sive Charles Camilleri (ID 459191M)

The Court ordered the notification of this application with three (3) days for filing a reply.

MARVIC FARRUGIA

For the Registrar, Courts and Civil Tribunals

Republic of Malta    

To the Marshall of the Court

By means of a decree given by this Court on the 20th December, 2019,  following a request of EMC Shipping Malta Limited it was ordered that deputy curators be chosen  to represent the respondent company Volont Shipping and Trading S.A. in the records of the Sworn Application 379/2019GM, in the names EMC Shipping Malta Limited vs deputy curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the First Hall Civil Court in the names EMC Shipping Malta Limited (C 67205) vs deputy curators to represent the company Volont Shipping and Trading S.A. (MH 96960) on the 15th April, 2019, Edgar Cachia (ID 629261M) on behalf of the company EMC Shipping Malta Limited (C 67205) of 8, Vjal Sir Michelangelo Refalo, Ħal Balzan premised with respect and confirmed on oath:

That between October of 2017 and February 2018 the applicant compnay provided several maritime services to the ship Hephaestus and Roschem 2,  whereby the respondent company acted as an agent, as is shown in detail in the attached statement marked as Document A and from the relative invoices attached marked as Documents B-G;

That the order of these services was given to the applicant company from the respondent company, that was acting as an agent of the ships Hephaestus and Roschem 2;

It results that the respondent company did not pay any invoices that were issued by the applicant company, that are shown from the attached statement here attached and marked as Document A, that is the following invoices:

i. Invoice number EMC 270/17 dated 22nd December, 2017, for the total amount of €15,061.84 out of which amount the balance of €11,210.73 is due, copy of the invoice is here attached and marked as Document B;

ii. Invoice number EMC 298/17 dated 31st January, 2018, for the amount of €5,091.21 due in its entirety, copy of the invoice is here attached and marked as Document C;

iii. Invoice number EMC 308/17 dated 31st January, 2018, for the amount of €2,414.73 due in its entirety, copy of the invoice is here attached and marked as Document D;

iv. Invoice number EMC 305/17 dated 31st January, 2018, for the amount of €3,025 due in its entirety, copy of the invoice is here attached and marked as Document E;

v. Invoice number EMC 309/17 dated 28th February, 2017, for the amount of €1,662.50 due in its entirety, copy of the invoice is here attached and marked as Document F; and

vi. Invoice number EMC 302/17 dated 28th February, 2018, for the amount of €3,619.10 due in its entirety, copy of the invoice is here attached and marked as Document G.

Therefore the total amount due by the respondent company to the applicant company amounts to €27,023.27.

That the said amount of €27.023.27 is certain, liquid and due debt and it does not constitute in the execution of an act and so in the opinion of the applicant company there exist all the elements required in terms of Article 167 et sequitur of Cap. 12, of the Laws of Malta, such that the case will be decided without proceeding to trial, since in the opinion of the same applicant company, the respondent company does not have any defences to bring forward against the request for the payment of the said amount.

Although several solicitations were made, the amount is still due by the applicant company and so this case had to be made.

In the humble view of the applicant company, the respondent company does not have any valid defences to make to the requests of the applicant company.

The representative of the respondent company, Edgar Cachia, knows about these facts personally.

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

1. Decide this case without proceeding to trial in terms of Article 167 et sequitur of Cap 12 of the Laws of Malta;

2. Declare that the respondent company is debtor to the applicant company in the amount of €27,023.27 representing the maritime services provided by the applicant company on the basis of instructions that were given by the respondent company;

3. Condemn the respondent company to pay the applicant company the amount of €27,023.27 for the reasons above detailed.

With costs and interest of 8% from the date of the invoice till the date of effective payment against the respondent company which is from now summoned so that a reference to its oath be made.

Applicant: 8, Vjal Sir Michelangelo Refalo, Ħal Balzan

Notification:

Volont Shipping and Trading S.A. Trust Company Complex, Ajeltake Rd, Ajeltake Isalnd Majuro, Marshall Islands 

Volont Shipping and Trading S.a. Vintsentzou kornarou 65, Siteia, Crete

Deputy curators 

The sworn application in the names EMC Shipping Malta Limited (C 67205) vs Volont Shipping and Trading S.A., Application Number 379/2019GM, has been postponed for hearing to the 25th February, 2020, at 11.00 a.m.

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 Lawrence Mintoff LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 12th December, 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).

BNF Bank plc previously Banif Bank (Malta) plc (C 41030) of 203, Level 2, Triq D’Argens, Gżira, Malta, filed a Claim on the 1st November, 2020, whereby they asked the Tribunal to condemn Tennielle Mizzi (ID 0589390M) of 79, Triq il-Lvant, Valletta VLT 1250, to pay the plaintiff company the sum of  €1,277.02 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 344/19PM) is put off on the 12th February, 2020, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Inferior Jurisdiction) on the 3rd December, 2019, in the records of the Application in the names Citadel Insurance plc vs Nicholas Farrugia, Application Number 89/18 LM, the following publication was ordered for the purpose of service of the respondent Paula Jean Vella, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, following the decision of the Maltese Arbitration Centre, given on the 26th July, 2018, in the Mandatary Arbitration with number M3979/2014, in the names Citadel Insurance (C 21550) as subrogated in the rights of its insured Paula Jean Vella both by policy and by law and the same Paula Jean Vella (ID 6159A) vs Nicholas Farrugia (ID 319260M) on the 9th August, 2018, the applicant Nicholas Farrugia (ID 319260M) respectfully pleaded:

1. That the interpellant felt aggrieved by a decision given by the Maltese Arbitration Centre and namely the Arbitration Award of the 26th July, 2018, in the names above premised, with reference M 3979/2014, which procedures were being heard together with the Mandatory Arbitration reference number M 3983/2014.

… omissis …

2. That thus the interpellant here appellant is filing this humble appeal before this Honourable Court.

3. That for the better understanding of this appeal it will be opportune that there be listed the chronolgy of the facts that gave rise to the present procedures.

i) The interpellants hereby respondents in the Arbitration with number M3979/2014, brought forward a request before the Maltese Arbitration Centre on the 9th April, 2014, whereby they asked the same Centre in order to find the respondent Nicholas Farrugia herein appellant responsible and guilty and so that the same he be condemned to pay the applicant respondents the damages suffered by them amounting to €831.97 besides judicial expenses and legal interest as demanded following the car accident which occurred on the 10th January, 2013.

… omissis …

v) The Arbitrator passed on to her decision on the demands and the pleas brought forward by the parties by means of the arbitration award of the 26th July, 2018:

‘That from an analysis of the evidence and the documentation produced by the parties in the records of this Arbitration, it is the considered opinion of the Arbitrator that both the parties have shortcomings that contributed to the incident. Whilst Paula Jean Vella, due to the manoeuvre she made, did not show the necessary diligence necessary in order to turn in Triq il-Majjistral, Nicholas Farrugia was not in a position to avoid the incident when faced with the manoeuvre that the other driver did, both parties are to shoulder responsibility for their respective defaults. Thus in view of the above it is the considered opinion of the Arbitrator that the parties are to be held equally responsible for the incident merit of this Arbitration.’

4. That as already stated the interpellant felt aggrieved and prejudiced by the said decision of the Arbitrator and is thus he is availing himself of the right given to him in terms of Article 70c of Chapter 387 of the Laws of Malta, in order to submit the following grievances and observations regarding the said arbitration decision.

5. That the grievance is clear and manifest and consists in the following:

The Arbitrator had to pronounce herself in a different manner for the finding of guilt for the car incident merit of the present procedures in the light of the proof brought before her.

… omissis …

6. It is thus why the interpellant humbly submits that the Arbitrator was not just in her conclusion when it put part of the responsibility on him because ‘he was not in a position to avoid the incident when faced with the manoeuvre that the other driver made’.

… omissis …

9. That from the deposition given by the interpellant in the sitting of the 2nd March, 2016, it clearly results that the version given by him is more reliable than that of the respondent defendant.

… omissis …

10. That according to our jurisprudence when a driver is faced with a sudden emergency due to the hazardous manoeuvre of another driver, especially when such manoeuvre blocks and invades his carriageway, it automatically implies that the driver who was shocked by the manoeuvre of the other vehicle which invaded his carriageway is exonerated from every from of responsibility until it is proved that there in a contributory factor on his part for the incident.

… omissis …

14. In view of the premised, once it results that the interpellant was faced with the completely hazardous manoeuvre of the respondent defendant all of a sudden in such a manner that he did not have enough time and distance to avoid it, it is clear that the same manoeuvre which created a state of emergency to the said interpellant was the sole cause of this accident.

Thus whilst the applicant here appellant refers to the evidence and all the records of the proceedings and reserves the right to bring forward the proof, witnesses and further submissions according to law and saving any opportune provision in the circumstances humbly prays this Honourable Court of Appeal to uphold this appeal and reform the arbitration decision given on the 26th July, 2018, as demanded in this application, including the payment of legal interest, with effect from the 27th January, 2014, till the date of effective payment and with costs of both instances against the same applicant respondents.

By means of a Notice issued by the Registry Superior Courts on the 16th December, 2019, and whereas the written proceedings before the Court of Appeal between Citadel Insurance plc as subrogated in the rights of her insured Paula Jean Vella both by policy and by law and the same Paula Jean Vella vs Nicholas Farrugia, the Court fixed the hearing of this cause on Friday, seventh (7) of February, 2020, at 9.00 a.m. for pleading.

Notify respondent: Paula Jean Vella, 191, Ocean Pearl, Flat C, Triq il-Gross, Marsaskala

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd January, 2020, in the records of the judicial letter number 3126/19 in the names Dominic Ellul et vs Angel Joseph Caruana, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Angel Joseph Caruana in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Angel Joseph Caruana (ID 233680M) of Notti Magiche, Triq l-Arznell, Marsaxlokk

By means of this present Dominic and Michelle Ellul (ID 0404278M and 0412179M respectivly) of 42, Mas Katoikia, Triq ix-Xerriek, Marsaxlokk respond to your judicial letter number 2887/19 and inform you that they have erected no structure and/or building in the airspace of the yard of your garage. They acquired the premises in question as it is precisely today and this, after all, just like you acquired it a number of years ago and subsequent to the purchase by the applicants of their property.

It is evident your actions are solely vexations towards the applicants.

Thus, you are solicited to cease from making these allegations further and not to create issues.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 19th December, 2019, following a request of Karen Inguanez, it was ordered that deputy curators be chosen to represent the minor … omissis …, in the records of the Sworn Application 267/19 AGV, in the names ‘Karen Inguanez vs Deputy Curators’ and in the other relative and subsequent acts.

By means of an Application filed in the Civil Court (Family Section) in the names Karen Inguanez vs Andrew Sayan, the Director Public Registry and Deputy Curators to represent the minor … omissis …, appointed by decree on the 28th November, 2019, the applicant Karen Inguanez (ID 105685M) respectfully pleaded:

1. That the interpellant had an extra-marital relationship with Andrew Sayan, and from this relationship the minor … omissis … was born;

2. That the interpellant is certain that … omissis … is the biological offspring of Andrew Sayan.

Thus the plaintiff, in view of that above premised, asks the defendants to state why this Honourable Court should not:

1. Decide and declare for the reasons premised that the minor … omissis … is the natural son of the defendant Andrew Sayan and consequently uphold the other demands in the application amongst that the corrections in the birth certificate of the minor as demanded in the application be made.

Applicant: Karen Inguanez, Block 2, 12, Taraġ it-Tarznari Antiki, Bormla

Respondent: Andrew Sayan, Oyster Court, Flat 3, Triq Sant’ Ubaldeska, Paola / 16, The Orchid, Triq Dun Frans Camilleri, Ħamrun

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, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Robert G. Mangion, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1989/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Maria Mallia, the following publication was ordered for the purpose of effecting service on the respondent Maria Mallia in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Maria Mallia (ID 197765M) of 233, Valley Lodge, Triq il-Kostituzzjoni, Mosta

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,007.01, 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 bills number 101000203982 that is regarding the premises with address Flt 3, 31, Tower Apartments, Triq tal-Katidral, San Pawl il-Baħar.

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th November, 2019, of the Rent Regulation Board, in the records of the Application in the names Victor Vella et vs Therese Mercieca et, Application Number 207/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Therese Mercieca in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Victor Vella (ID 0102052M); Antonia sive Antoinette Vella (ID 0312140M) in her own name and on behalf of the absent Elena Maria sive Helen Vella (ID 518642M) according to the power of attorney dated 10th February, 2003, Document X here attached; Marie Sammut (ID 0052744M); Joseph Mary Vella (ID 0299747M); Michelina Grixti (ID 0007150M); Gesmon Sammut (Ġesù Maria) sive Jesmond (ID 520165M) in his own name and on behalf of the absent  Rose Mary Todd (British passport number 520893838) according to the power of attorney Document Y here attached vs Therese Mercieca (ID 1048644M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 24th September, 2019, the applicants Victor Vella  (ID 0102052M) et request with respect that this Board:

1. Declares and decides that the respondent Therese Mercieca is the occupier of the premises 109 previously without official number Ta’ Pinu previously Iris, Triq il-Ferrovija l-Qadima, Ħal Balzan originally rented to her and her late husband for the rent of Lm180 per year and today is paid at the rate of €1,568.88 per year.

2. Orders that the means test of the occupant Therese Mercieca is carried out, which test is to be based on the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test has to be on the basis of the income of the occupant Therese Mercieca between 1st January and 31st December, 2018, and on the capital of the same Therese Mercieca on the 31st December, 2018.

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises 109 previously without official number Ta’ Pinu previously Iris, Triq il-Ferrovija l-Qadima, Ħal Balzan with effect  from the 1st January, 2019, and to establish new conditions regarding the lease and in default, if the respondent Therese Mercieca does not satisfy the criteria of income and capital of the means test, the respondent will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent which was payable according to Articles 12 and 12A of Chapter 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2019, when the said rent is to be increased over and above the rent payable for the preceding three years.

4. Orders, in case the respondent Therese Mercieca does not satisfy the criteria of the income and the capital of the means test, the eviction of the same respondent Therese Mercieca from the premises 109 previously without official number Ta’ Pinu previously Iris, Triq il-Ferrovija l-Qadima, Ħal Balzan within five years from today.

With costs and the respondent is from now summoned so that reference to her oath be made and without prejudice to the constitutional and conventional rights of the applicant and to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action that may be presented.

Applicants: 113, Casa Vella, Triq il-Ferrovija l-Qadima, Ħal Balzan

Respondent: Therese Mercieca, 109, Ta’Pinu, Triq il-Ferrovija l-Qadima, Ħal Balzan and/or The Ivies, Block A, Flat 5, Triq il-Mosta, Ħ’Attard

The  application in the names Victor Vella vs Therese Mercieca et,   Application Number 207/2019MV, has been postponed for hearing to the 18th February, 2020, at 10.00 a.m. 

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 10th December, 2019, following a request by Ace Aviation Services Limited it was ordered that deputy curators be chosen to represent the absent Anton Zotti and Eillim Limited in the acts of the judicial letter number 4769/2019 in the names Ace Aviation Services Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 4th December, 2019, Ace Aviation Services Limited (C 74986) vs deputy curators to respresent 1. the absent Anton Zotti (Austrian passport number U-3731568) residing at 1, Clifton Terrace, Flat 3, Douglas, Isle of Man, United Kingdom; and 2. Eillim Limited, registered company under the laws of the Isle of Man (027252B) of Craig Lee, Fistard, Port Mary, Isle of Man, IM9 SPQ, whereby Ace Aviation Services Limited (C 74986) makes reference to your judicial leter dated 8th October, 2019, reference 3930/19, and refutes the allegations therein contained made by you as unfounded in fact and at law.

Firstly, it results after the contract was entered into, that the respondents were not in a position to give or render the service/job for which they were contracted, for reasons not imputable to the applicant Ace Aviation Services Limited, but exclusively imputable to the respondents or any one of them. So no amounts are due.

In addition, the applicants solicit the respondents to pay the amount of €19,976.14, representing monies uselessly paid by the applicant including costs of a trainer and service providers, and other costs as part of the ongoing training and professional development that the aeroplane pilot was obliged to do and this without deriving any benefit from them.  To the contrary, the respondents unjustifiably enriched themselves without any basis or justification. 

Therefore, the respondents are in solidum solicited so that within one week they pay the sum of €19,976.14 due for the reasons above mentioned.  They are further informed that if the respondents proceed, the applicant shall proceed to file a counter-claim for the said refund.

With interest from the date of notification of this judicial letter on the amount due to the interpellants and with costs and reserving the right to any other legal action.

Applicant: Ace Aviation Services Limited, Centre Point, Unit 3, 93, Triq il-Wied tal-Imsida, Msida MSD 9024

Respondents: Deputy curators

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, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 26th December, 2019, Application number 2242/2019 by Carmen Chetcuti et,  whereby they requested that it will be declared open in favour of Joseph Galea, Mary Sonia sive Sonia Chetcuti, Graziella Cassar and Brian Chetcuti children of the decujus in terms of a will dated 28th June, 1995, subject to the right of use and usufruct on the universal estate in favour of his wife Carmen Chetcuti the succession of  Alfred Chetcuti, who was married to Carmen Chetcuti, son of the late Pawlu Chetcuti and Giuseppa nee Vella, born in Floriana and resided in Iklin, Malta and died in Tal-Qroqq, Msida, Malta on the 13th October, 2019, aged 81, and who held identity card number 0542338M, who died testate by a will dated 28th June, 1995.

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 Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 8th January, 2020, Application number 16/2020 by Josephine Borg et, whereby they requested that it will be declared open in favour of Josephine Borg, Carmen Galea, Victoria Borg, Alfred Debono, Emanuel Debono and Anthony Debono all brothers and sisters Debono in equal shares between them the succession of  their mother Antonia Debono widow of Joseph Debono, daughter of the late Giuseppe Cutajar and Emanuela nee Storaci, born in Mellieħa, Malta, resided in Mellieħa, Malta and died in Tal-Qroqq, Msida, Malta on the 5th May, 2019, aged 89, and who held identity card number 779929M.

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 Courts and Tribunals

By means of a decree of the 20th January, 2020, in the records of the judicial letter number 4520/19 in the names Angela sive Angele Scerri vs Dr Joseph M Sammut et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Notary Dr Carmel Gafa in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Dr Joseph M Sammut

Sonia-Catherine Sammut 

By means of this present Angele Scerri (ID 208665M) of The Lodge, 38, Triq Wied Babu, Żurrieq, in her capacity as the sole heir of Giovanna Grixti (ID 816330M) whilst referring you to the private writing dated 20th November, 2017, signed between Dr Joseph M Sammut and the late Giovanna Grixti, and the deed of sale dated 6th December, 2017, in the records of Notary Doctor Carmel Gafà, signed also between you and the interpellant as procurator of the same Giovanna Grixti, both regarding parcels of land known as Ta’ Gasla, in the vicinity Tal-Ġibjun, limits of Nigret, Żurrieq, warns you for all the effects and purposes of law that the same contractual arrangements are not valid since the consent of Giovanna Gritxi was obtained through fraud and/or vitiated by violence in both arrangements.

You are therefore solicited so that within four days you come forward for the rescission of the aforementioned deed of sale in the records of Notary Doctor Carmel Gafà dated 6th December, 2017. This letter is being sent to you also Sonia-Catherine Sammut, in your capacity as wife of Dr Joseph M Sammut, because the marriage was celebrated in Malta and so you participate with him through your community of acquests in terms of law.

In default, the interpellant is constrained to proceed at Law and with the issuance of warrants against you.

Notification: Dr Carmel Gafà, 94, Vjal l-Indipendenza, Mosta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 25th October, 2019, the publication of the following extract was ordered for the purpose of effecting service on Alfred Abdilla in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 6th January, 2017, in the records of judicial letter 166A number 7833/06 in the Notice Number 1/2017MLF in the names Sergio Sciberras (ID 96071M) vs Alfred Abdilla (ID 488965M) and Maria Dolores sive Doreen Abdilla which was rendered executable on the 4th January, 2007, whereby Sergio Sciberras (ID 96071M) respectfully pleaded in terms of Article 258 of Chapter 12 of the Laws of Malta and confirmed on oath:

By means of a judicial letter in terms of Article 166A filed on the 6th October, 2006, bearing reference number 7833/2006, in the names abovementioned, which letter was rendered executable on the 4th January, 2007, against the respondent Alfred Abdilla, the applicant was declared creditor of the respondent in the amount of €5,692.92 with costs and interest against the same respondent.

The debt abovementioned is still due by the respondent Alfred Abdilla to the applicant in its totality and since more than five years have passed from the date of execution of the said judicial letter, the authorisation of this Honourable Court is required so that the applicant can execute the executive title obtained by him.

Thus, the applicant company humbly requests that this Honorable Court to authorise the execution of the executive title obtained by means of the judicial letter number 7833/06 by the applicant against the respondent, saving any other order that this Honourable Court deems fit and opportune.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia LLD

Notice Number 1/17MLF

Sergio Sciberras 

vs

Alfred Abdilla et 

The Court,

Saw the application of Sergio Sciberras dated 6th January, 2017;

Orders the notification to the respondents Alfred Abdilla and Maria Dolores sive Doreen Abdilla who has (10)  days from the day of notification to submit a reply. 

Applicant: Sergio Sciberras, Ta’ Sergio, Triq Prof. Carmelo Coleiro, Tal-Ħandaq Industrial Estate, Ħal Qormi

Respondent: Alfred Abdilla, Block G1, Flat 3, Triq it-Trinċetta, Mosta

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals