Court Notices published in Govt. Gazette no. 20,464 of 18th August 2020

By decree given by the First Hall, Civil Courts on the 12th August, 2020 on the application of Bank of Valletta plc (C 2833), Thursday, 22nd October, 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, nearby the Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The house numbered thirty (30) previously numbered fifty two (52) in Triq Konti Ruġġieru, Rabat, Malta, built on two floors above street level while completely below street level there is an undergroud floor (basement) whose access is directly from stairs and internal lift while on the rear the basement has direct access to the back garden free and unencumbered with all its rights and appurtenances and including its relative airspace valued at seven hundred and twenty five thousand euro (€725,000).

The said tenement is the property of Gouder Maria Gloria (ID499159M) and Gouder Joseph (ID616356M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2019.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, by the Court herein mentioned (MH) on the 31st July, 2020, in the records of the Application in the names Isabella Whitmore Mizzi vs Denise Chappelle et, Application number 295/2020 (MH) the following publication was ordered for the purpose of service of the respondent Isabelle Whitmore Mizzi, 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 records of the Precautionary Garnishee Order number 191/2020, in the names Isabella Whitmore Mizzi (ID 459859M) vs Denise Chappelle (ID 114770M), Alexander Mizzi (ID 459859M),  Maria Giovanna sive Joanna Calamatta (ID 428966M) on the 13th May, 2020, the applicant Denise Chappelle (ID 114770M), Alexander Mizzi (ID 501263M) and Maria Giovanna sive Joanna Calamatta (ID 428966M) in terms of Article 836(1) (b) (d) (e) and/ or (f) of Cap. 12 of the Laws of Malta respectfully pleaded:

1. That the creditor acquired the issuing of a precationary garnishee order number 191/2020, dated 5th February, 2020, and in this regard of the sum of four hundred thousand euro (€400,000) representng allegedly the share of the creditor from the inheritance that the parents of the applicants left by means of a will,

2. That the interpellants deny completely that they in any manner denied debtor from being given that due to her from the reserved portion (leġittima),

3. That it clearly results that such warrant was issued in the most frivoulous and vexatious manner and this because the creditor knows well that she was not instituted heir like her siblings, the interpellants, thus she is not an heir as much as them in the inheritance in question and what is due to her is only the reserved portion,

4. That furthermore and without prejudice to the above , the amount pretended by the creditor is not in fact due since what is due to her by right is the reserved portion , or rather the portion of 1/12 from the assets of the their decuus parents, which assets do nopt amount to more than four hundred twenty thousand (€420,000) in toto from which without prejudice, there is a bill which is to be paid to the Government of Malta,

5. That the interpellants are suffering prejudice without necessity and this since there respective bank accounts were seized without necessity,

… omissis …

10.That thus the application of the creditor was maliciously made and the issuing of the issuing of the precautionary garnishee order against the interpellant is not justified and in no way reasonable,

11. That it is clear that this Honourable Court has no right to tolerate such abuse of procedure,

… omissis …

14. That for the reasons premised it results most clearly that the precautionary garnishee order with number 191/2020 are no longer in force,

Thus, in view of the above the interpellants pray that saving any declaration and/or necessary order in the circumstances this Honourable Court,

i)  Hear the present application urgently in terms of Article 836(4) of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta),

ii) Order the cancellation and revocation of the precautionary garnishee order with number 191/2029 in the names premised in a full and partial number,

iii) Condemn the creditor to pay the penalty of not less than (€ 1,164.69) in the and not more than (€ 6,988.12).

iv) Declare the creditors responsile for the damages that the interpellant suffered due to the issuing of th said garnishee order,

v) In case that this Honourable Court does not find that it should uphold the above mentioned demands bind the creditors by the giving of a sufficient guarantee for the payment of a penalty which may be imposed or the payment of damages and interest that the interpellant may suffer and this in terms of Article 838A of Cap 12 of the Laws of Malta, and this under all those conditions that this Court deems fit to impose in the circumstances.

Notifiky Respondent: View Point 5, Five Arched, Triq Snajjin, Mellieħa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals​