Court Notices published in Govt. Gazette no 20,421 of 12th June 2020

By means of a decree of the 10th December, 2019, of the Rent Regulation Board, in the records of the Application in the names Angela sive Gina Balzan vs Amanda Aloisio et, Application Number 210/2019MV, the following publication was ordered for the purpose of effecting service on the respondents Amanda and Marie Chantall Aloisio 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 Angela sive Gina Balzan (ID 97247M) vs Amanda (ID 465978M) and Marie Chantall (ID 387974M) sisters Aloisio and Housing Authority, filed before the Rent Regulation Board on the 27th September, 2019, the applicant Angela sive Gina Balzan (ID 97247M) requests with respect that this Board:

1. Declares that the respondents Amanda and Marie Chantall Aloisio are the tenants of the premises that is the apartment number 3 in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, in terms of Cap. 158 of the Laws of Malta, that was originally given by temporary sub-emphyteusis for a period of 45 years starting from the 14th June, 1957, which concession expired on the 13th June, 2002;

2. Declares that the respondents Amanda and Marie Chantall as the tenants of the premises, that is the apartment with number 3, in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, are not the persons that need social protection provided in Articles 12, 12A and 12B of Cap. 158 of the Laws of Malta;

3. Orders that the lease which exists ope legis between the applicant and the respondents Amanda and Marie Chantall Aloisio regarding the premises, that is the apartment with number 3, in Block A, St Julian's Court in Triq Manwel Dimech, San Ġiljan, is dissolved with immediate effect;

4. Orders the eviction of the respondents Amanda and Marie Chantall Aloisio from the premises, that is the apartment number 3, in Block A, St Julian's Court in Triq Manwel Dimech, San Ġiljan, within a short and peremptory time that is established by this Honourable Board for this reason, such that the premises are vacated;

5. In case that the requests numbered (2), (3) and (4) will not be upheld by this Honourable Board on behalf of the respondents Amanda and Marie Chantall Aloiso, or any one of them, the same Board should, subject to any ulterior declaration which it deems necessary and opportune, order that the means test be made regarding the same respondents – that has to be based on the means test established in 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 is to be based on the income of the respondents between the 1st January and 31st December, 2018, and on the capital of the same respondents on the 31st December, 2018;

6. Declares that in case the respondents Amanda and Marie Chantall Aloisio satisfy the means test abovementioned, and in terms of Act XXVII of 2018 the rent has to be revised, with effect from the date of notification of the same respondents of this application, to an amount which will not exceed 2% per year of the open market value of the premises that is the apartment with number 3, in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, on the 1st January, 2019, and establish new conditions regarding the rent;

7. Orders that in case the respondents do not satisfy the means test above mentioned, the respondents are given a period of five years starting from the date of notification of this application, within which to vacate the premises, besides paying a compensation to the applicant for occupying the same premises, during the said period of five years, which compensation has to be equivalant to double the rent that would be payable according to Article 12 and 12A of Cap. 158 of the Laws of Malta;

8. Orders that in case the respondents Amanda and Marie Chantall Aloisio do not satisfy the means test abovementioned, the eviction of the said respondents from the premises, that is the apartment number 3 in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, within a short and peremptory time that is establised by this Honourable Board, for this reason after five years starting with effect from the notification of this application so that the premises will be vacated.

With costs against the respondents who are from now summoned so that reference to their oath be made and reserving any other action against the respondents according to law including any constitutional action to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action in connection with the fundamental rights of the applicant, as protected by the Constitution of Malta, and with the Convention for the Protection of Human Rights and Fundamental Liberties, from the application of Article 12B of Cap. 158 of the Laws of Malta on the property of the applicant.

Applicant: 19/4, Triq Dingli, Tas-Sliema

Respondents notification:

Marie Chantall Aloisio, Flat 3, Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan

Amanda Aloisio, 4, Belle View, Flat 1, Triq Matthew Pulis, Tas-Sliema

Housing Authority

Attorney General

The application in the names Angela sive Gina Balzan vs Amanda Aloisio et, Application Number 210/2019MV, has been postponed for hearing to the 25th June, 2020, at 10.15 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 1st of June, 2020, by the Civil Court (Voluntary Jurisdiction Section) on an application number 468/2020 filed by Mary Worley, wherein it has been ordered the opening and publication of the secret will of Dolores Spiteri (ID 0527027M), widow of Arthur Spiteri, daughter of the late Mosè Caruana and the late Carmela née Schembri, born in Ħal Lija, Malta and died in Msida, Malta on the 3rd December, 2019, aged 92 years.

The opening and publication are going to be held on Friday, 31st July, 2020, at nine o'clock in the morning (9.00 a.m.) in Hall 24, at the Law Courts, Valletta under the ministry of Notary Carmel Gafà.

CARMEN SCICLUNA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 1st of June, 2020, by the Civil Court (Voluntary Jurisdiction Section) on an application number 482/2020 filed by Carmelo Gatt, wherein it has been ordered the opening and publication of the secret will of Mary Gatt (ID 0090349M), wife of Carmelo Gatt, daughter of the late Joseph Mifsud and the late Josephine Mifsud née Mifsud, born in Ħamrun, Malta and died in Birkirkara, Malta on the 21st of January, 2020, aged 71 years.

The opening and publication are going to be held on Friday, 31st July, 2020, at half past nine in the morning (9.30 a.m.) in Hall 24, at the Law Courts, Valletta under the ministry of Notary Maria Spiteri.

CARMEN SCICLUNA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 382/20/JVC) demanding the correction of the Act of Public Registry of Lama Alassaf No. 2404/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 383/20/JVC) demanding the correction of the Act of Public Registry of Abdulrahman Alagil No. 2408/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 384/20/JVC) demanding the correction of the Act of Public Registry of Abdullah Allohaidan No. 2401/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 385/20/JVC) demanding the correction of the Act of Public Registry of Maha Alagil No. 2409/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

By a decree given on the 12th December, 2019, by the Civil Court First Hall, the Court 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).

By decree given by the Civil Court, First Hall on the 5th June, 2020, on the application of J. Zammit Limited (C 37945), Wednesday, 29th July, 2020, at ten in the morning (10.00 a.m.) has been fixed for the sale by auction to be held in garage number three (3), St James Court, Triq is-Sienja, Ħ'Attard of the following items seized from the property of Callaway Andrew John  (ID 146467A) and Callaway Claire (Passport No. 210534668).

Vehicle of the type Peugeot 207 silver in colour with Chassis Number VF3WEKFVC34345972.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 16/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By a decree of the 12th June, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a Schedule of set-off filed contemporaneously by HSBC Bank Malta plc (C 3177) on the 23rd January, 2020, the approval of the said judicial acts is being demanded for the amount of €137,520 following judicial sale by auction 46/18 in the names HSBC Bank Malta plc (C 3177) vs Dr Benjamin Valenzia et noe held under the Authority of the said Court on the 12th March, 2020.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals