Court Notices published in Govt. Gazette No. 20,510 of 30th October 2020

By means of a decree given by the Court of Appeal,on the 30th July, 2019, in the records of the application 269/16 LM, in the names Director Corporate Services within the Ministry for the Environment, Sustainable Development and Climate Change vs Karl Grima Bezzina, the following publication was ordered for the purpose of service of the respondent Karl Grima Bezzina, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application, presented in the Court of Appeal, Application 269/16 LM, in the names Director Corporate Services within the Ministry for the Environment, Sustainable Development and Climate Change vs Karl Grima Bezzina, the applicant Director Corporate Services within the Ministry for the Environment, Sustainable Development and Climate Change, respectfully pleaded:

1. That on the 20th July, 2016, the interpellant presented a Notice of a Claim before the Small Claims Tribunal after he premised the following,

'That in the first place the defendant Karl Grima Bezzina was considered as resigned from the public service with effect from the 22nd July, 2013, on the basis of regulation 36 of the regulation of the Disciplinary Procedure of the Public Service and this as notified to him in a letter dated 12th September, 2013,

That in the second place the defendant was unduly paid the sum of (€4,489.67) for the period 18th February to June, 2013, despite that from the 18th February of the same year he did not report for work,

That in the third place the defendant was called various times to refund back the sum unduly given to him despite this he remained in default;

2. That after various attempts the respondent Karl Grima Bezzina was notified with the said notice and answered the following,

1. In the first place the plaintiff's demand is prescribed,

2. That in the second place it is not the case that he was paid by the plaintiff unduly in terms of the quasi contract,

3. Saving certain further pleas;

The Facts linked with the present Claim before the Small Claims Tribunal.

… omissis …

The Judgement of the 16th May, 2019, the Small Claims Tribunal.

11.That on the 16th May, 2019, the Small Claims Tribunal passed on to give final judgement regarding the Claim and considered that,

Considered,

This is a demand for refund of the salary which was unduly paid to the defendant,

Plea of Prescription,

'The Prescription is also a means so that one avoids a cause when the creditor has not exercised a right set down by law for a long time (Art 2107 (2) Civil Code),

… omissis …

That the Tribunal upheld this plea and declared that the Claim of the plaintiff noe is prescribed in terms of Article 1027 of the Civil Code and thus rejected the demands of the plaintiff noe.

The Present Appeal

13. That nor the debt nor the amount alledgedly due was contested in any manner in the procedures before the Tribunal,

14. That the appellant felt aggrieved by the decision of the Tribunal especially where it decided that,

A. That the Tribunal is upholding this plea and declares that the demand of the plaintiff noe is prescribed in terms of Article 1027 of the Civil Code and reject the demands of the plaintiff noe,

15. That the grievance of the interpellant is clear and manifest and consists in the following,

The Tribunal was mistaken when it decided that the claim is precribed in terms of Article 1027 OF Cap. 12 of the Laws of Malta and this since Article 2115 of Cap. 16 of the Laws of Malta, manifestly stipulates that the plea of prescription cannot be raised against rights or actions due to the Government of Malta except in the cases mentioned in Articles 2149,2153, 2154, 2155 and 2156 of the same Cap.,

20. Thus the interpellant whilst making reference to the proof produced and reserving to bring forward all that proof allowed to him by law respectfully prays this Honourable Court, to cancel the judgement appealed of the Small Claims Tribunal of the 16th May, 2019, in the names premised and decide itself the demand and this in terms of Article 8(4) of Cap. 380 of the Laws of Malta, with costs of both insances against the respondent.

The Application Appeal in the names Director Corporate Services within the Ministry for the Environment, Sustainable Development and Climate Change vs Karl Grima Bezzina, Application 269/16 LM, has been put of for hearing to the 25th November, 2020, at 9.00 a.m.

Notify: Karl Grima Bezzina, 63, Beach Court, Triq Nazzarenu, Tas-Sliema

Adv. Frank Portelli,LLD.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 19th October, 2020, on the application of Michael Debono Limited (C10002), Wednesday, 9th December, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held in number 55, JJ Boatyard, l/o Ta' Għadmija, Imqabba of the following items seized from the property of Ahmed Mohamed (ID 120673A):

i. Vehicle of the make Toyota Proace with registration number DLY264, silver in colour;

ii. Vehicle of the make Toyota Proace with registration number GLY194, brown in colour.

N.B. The said vehicles will be sold as described in the acts of judicial sale number 19/20.

Gaetana Aquilina

For the Registrar of Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application in terms of Article 495A of the Civil Code

Application number 15/2020

Peter Paul Grech in his own name and as a special mandatory of the absent Rita Saliba, Joan Attard and Carmen Pisani; and

Saviour Grech, Maria Galea, Emmanuel Anthony sive Tonio Grech, Silvana Grech, Elizabeth Farrugia and Rita Mary Porto

vs

Andrew Grech

Application of Peter Paul Grech  in his own name and as a special mandatory of the absent Rita Saliba, Joan Attard and Carmen Pisani, Saviour Grech, Maria Galea, Tonio Grech, Silvana Grech, Elizabeth Farrugia and Rita Mary Porto;

Respectfully submit and Silvana Grech  on oath confirms:

1. That this application concerns  three properties, namely: i) the property with official numbers seventeen (17) and eighteen (18) in Grunju Street, Nadur, Gozo, bounded on the South with Grunju Street, East with property of Giuseppe Sultana or his successors in title, North with property of the heirs of Lorenzo Bonello or their successors in title and West with property of the heirs of Peter Paul Grima or their successors in title (ii) a portion of land of approximately one hundred and four square metres (104 sq.m) in Old Mill Street, Nadur, Gozo, corner with St Andrew Street, Nadur, Gozo, bounded on the East with St Andrew Street, North with Old Mill Street, West with property of Giuseppe Sultana or his successors in title, and South with property of Giuseppa Sultana or her successors in title and (iii) a field known as 'Il-Ġnien' in the territory known as 'Ta' Patrik' with access from Żernieq Street, Nadur, Gozo, of the measuring approximately three hundred and eighty nine square metres (389 sq.m) bounded on the  North with property of heirs of Salvu Muscat or their successors in title, East with property of the heirs of Francesco Mizzi or their successors in title, South with property of Giuseppa Sultana or her successors in title and West partially with property of Nikola Cassar or his successors in title and partially with property of Carmela Camilleri or her successors in title;

2. That the above-mentioned properties have devolved from the inheritance of the late Paola Grech, who died on the 18th of July 1990;

3. That the said Paola Grech regulated her inheritance and succession through two unica charta wills that she had done together with her late husband Paolo Grech, which were published in the acts of Notary Dr Gużeppi Cauchi on the 29th of March, 1975, and on the 27th October, 1978 (copies attached and marked Doc. A and Doc. B) and another will which was made by her in the acts of the Notary Dr Michael Refalo on the 27th of July, 1989 (copy attached and marked as Dok. C), in virtue of which she nominated as universal heirs her children the applicants, Peter Paul Grech, Rita Saliba, Joan Attard, Carmen Pisani, Saviour Grech, Maria Galea, the respondent Andrew Grech and Guzepp Grech, today deceased, and who was succeeded by his children the applicants Emanuel Anthony sive Tonio Grech, Silvana Grech, Rita Mary Porto and Elizabeth Farrugia;

4. That the properties forming the subject-matter of these proceedings were paraphernal properties of the said Paola Grech which were assigned to her through a contract of division in the act of Notary Ġużeppi Cauchi of the 18th of June, 1981;

5. That the applicants and respondent are therefore all co-owners of the above-mentioned properties, as the heirs of the said Paola Grech;

6. That these properties have been held in common since the date of death of the said Paola Grech, and therefore for more than three years;

7. That neither one of the parties has commenced an action before the competent court for the division of the inheritance of the said Paola Grech;

8. That after the applicants obtained valuations of the properties, copies of which valuations of Architect Claude R. Mallia, are being here attached and marked Doc. D, Doc. E, and Doc. F respectively, the applicants agreed to sell the properties in question  for the price of €135, 000 in the case of the property with number seventeen (17) and eighteen (18) in Grunju Street, Nadur, Gozo, as evidenced by  the promise of sale dated 17th of December, 2019 (copy attached and marked Doc. G), for the price of €114,000 in the case of the portion of land in Old Mill Street corner with Sant'Indrija Steet Nadur, Gozo, as evidenced by the promise of sale dated 30th of November, 2019 (copy attached and marked Doc. H) and for the price of €5,500 for the field known  as 'Il-Ġnien' in the territory known as 'Ta' Patrik' with access from Żernieq Street, Nadur, Gozo, as evidenced by the promise of sale dated 30th November, 2019 (attached and marked Doc. I)

9. That this was done after several attempts on part of the applicants to come to an agreement with the respondent on the sale of the said properties, which attempts failed;

10. That the respondent has been called upon by a judicial letter dated 1st of November, 2019 (copy attached and marked Doc. J), to appear on the promises of sale relative to his share, but he remained in default;

11. That the applicants believe that the price they have agreed upon for the sale of the properties which form the subject-matter of these proceedings is a just one and that the respondent is not going to suffer any prejudice as a result of such transfer;

12. That a schedule of the shares of each and every party in the properties forming the subject-matter of these proceedings is attached hereto and marked as Doc. K;

13. That the respondent is therefore owner of one eighth (1/8) undivided share of properties in question, whilst the applicants are joint owners of the remaining seven out of eight (7/8) undivided shares.

Therefore, the applicants respectfully request this Honourable Court, further to the publication of this application in the Government Gazette and in another local newspaper in terms of Article 495A of Chapter 16 of the Laws of Malta to:

1. Declare that the price as well as the conditions proposed for the transfer of the shares of the applicants in the properties which form the subject-matter of these proceedings namely the property  with official numbers seventeen (17) and eighteen (18) in Grunju Street, Nadur, Gozo, the portion of the land of approximately one hundred and four square metres (104 sq.m) in Old Mill Street, Nadur, Gozo, corner with Sant'Indrija Street, Nadur, Gozo, and the field known as 'Il-Ġnien' in the territory known as 'Ta' Patrik' with access from Żernieq Street, Nadur, Gozo, measuring approximately  three hundred and eighty nine square metres (389 sq.m) is fair and appropriate and that the same price and conditions should apply for the share pertaining to  the respondent from these same properties, that is, one eighth  undivided share, saving, as necessary, that the properties are valued by an architect and civil engineer.

2. Authorise the sale of the property number seventeen (17) and eighteen (18) in Grunju Street, Nadur, Gozo, at the price, other terms and conditions stipulated in the promise of sale dated 17th of December, 2019;

3. Authorise the sale of the portion of land in Old Mill Street, Nadur, Gozo, corner with Sant'Indrija Street, Nadur, Gozo, at the price, other terms and conditions stipulated in the promise of sale dated 30th of November, 2019;

4. Authorise the sale of the field known as 'Il-Ġnien' in the territory known as 'Ta' Patrik' with access from Żernieq Street, Nadur, Gozo, at the price, other terms and conditions stipulated in the promise of sale dated 30th of November, 2019;

5. Order the publication of the  relative deeds of sale even with regards to the share  pertaining to the respondent from the respective properties on a day, time and place to be set for such purpose and to appoint a Notary Public to publish the deeds of sale with the intervention of deputy curators to represent the eventual defaulters on those deeds.

With all costs against the same respondent who is from now summoned on oath.

The application is appointed for hearing of the 9th December, 2020, at 11.30 a.m.

Maureen Xuereb

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 27th, August, 2020, following a request by Bank of Valletta plc it was ordered that deputy curators be chosen to represent the absent Charlene Banks in the judicial sale by auction number 28/2020 in the names Bank of Valletta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of an application for the issuing of a Warrant of Seizure on immovable property filed on the 25th August, 2020, Bank of Valletta plc (C2833) vs Deputy Curators to represent the absentee Charlene Banks, daughter of Charles David and Arlene Cherie née Cockrane, born in Durban, England, and residing in San Pawl il-Baħar (ID 40372A), requests with respect:

That by means of a judgement given by this Honourable court on the 12th July, 2018, in the names Bank of Valletta plc vs Charlene Banks (ID 40372A) Application Number 978/2016JPG, Honourable Judge Jacqueline Padovani Grima (Doc. A), this Honourable Court ordered Charlene Banks to pay the amount of €93,240.76 together with interest and relative costs, besides further interest from the 12th September, 2016, till the day of effective payment.

That the debt of the respondent today amounts to €126,009.99 out of which €93,240.76 represents the principal amount, €28,079.52 represents further interest till the 17th June 2020 as better described in the attached and marked document B and €4,689.71 represents the total costs as per the taxed bill of costs as better described in the attached and marked documents C1 till C2 together with further interest from the 18th June, 2020, till the day of effective payment.

That the said Charlene Banks owns the following immovable property and that is:

Apartment, internally marked with number 2, which apartment is on the left hand side of the block when one looks at the block from the street, without its airspace, underlying and overlying property of a third party, forming part of a block with the name Saint Paul's Court number 16, in Triq Efesu, Buġibba, limits of San Pawl il-Baħar with all its rights and appurtenances, including the right to use the common parts. The said property enjoys and is subject to those active and passive servitudes which result from the position of the property. The said block of apartments consists of 8 underground garages, 8 overlying apartments and penthouse bounded on the West with the said road, from the South with property belonging to John D'Amato and others or their successors in title and from the North with a block with the name Sirens Court property of siblings Tanti and others, or more accurate boundaries;

That the said immovable was acquired by the debtor who was subject to a judicial sale by auction Charlene Banks by means of a contract of the 4th June, 2007, in the records of Notary Doctor Patricia Hall and the applicant is exhibiting a copy of the said contract here attached and marked as Doc. D and the said premises is delined in red on the site plan here attached and marked as Doc. E and according to the photos here attached and marked as Doc. F1 and F3;

That on the said property, the following hypothecs and that is numbers I 488/2019, I 11075/2007 and I 10511/2007 have been registered. A copy of the searches into the assets and liabilities of the respondent are here attached and marked as Doc. RIC 1 till RIC 12.

Thus the applicant company requests with respect, in execution of the judgement, that this Honourable Court orders the issue of the warrant of seizure of immovable property on the premises above mentioned, and give all those orders and provisions that it may deem fit and particularly but not exclusively those mentioned in Article 306 et seq Cap. 12 of the Laws so that the applicant obtains payment of its debt due to it, as aforementioned explained and this subject to those opportune directions.

Applicant: Bank of Valletta plc (C2833), 1/5 Misraħ San Ġorġ, Valletta VLT 1190

Respondents: Deputy Curators to represent the absent Charlene Banks, Law Courts, Valletta

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Judge Mr Tonio Mallia, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 25th June, 2020, 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).

Arthur Turner (ID 49665M) of Parker Randall Turner, 13, Curate Fenech Street, Birżebbuġa, filed a Claim on the 5th March, 2020, whereby he asked the Tribunal to condemn CT Catering Limited (C56508) of Earl's Court Flat 8, Wied il-Kappara, Gzira, to pay the plaintiffs the sum of €1788.90, which amount is due to the plaintiffs.

With costs and legal interest

The case (Claim number 69/2020PM) is deferred on the 23rd November, 2020, at 12.30 p.m.

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 6th October, 2020, Application number 1252/2020, by Alfred Formosa and others whereby they requested that it will be declared open in favour of Alfred and Mary Ann spouses Formosa in the quota of one half (1/2) undivided share between them and the remaining one half (1/2) undivided share in favour of Kenneth and Duncan brothers Formosa in equal shares between them the Succession of Cleaven Formosa, bachelor, son of Alfred and Mary Ann née Cini, born in Tal-Pietà, resided in Ta' Xbiex and died in Ħaż-Żabbar, Malta, on the 18th April, 2020, aged 39, and who held identity card number 0466480M.

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 6th October, 2020, Application number 1254/2020, by Mary Lupo whereby she requested that it will be declared open in her favour in its entirety the Succession of Nazzareno Calleja, bachelor, son of the late Paul and Giuseppa née Bonnici, born and resided in Mosta, and died in Mosta, Malta on the 8th December, 2019, aged 75, and who held identity card number 0978944M.

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 6th October, 2020, Application number 1253/2020, by Victoria Mallia and others, whereby they requested that it will be declared open in favour of Silvia Debono, Frida Farrugia, Manuel Fenech, John Fenech and Victoria Mallia brothers and sisters of the decujus in the quota of one sixth (1/6) undivided share each one of them and in favour of Mary Anthony, Brian Paul and Robert, brothers Siddall, children of the late Carmela Siddall née Fenech, the latter sister of the decujus, in the quota of one part of eighteen (1/18) undivided share each one of them the Succession of Joseph Fenech, bachelor, son of the late Paul and Caterine née Aquilina, born and resided in Tas-Sliema and died in Tas-Sliema on the 21st February, 2020, aged 72, and who held identity card number 0107048M.

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 the 26th October, 2020, on the application of HSBC Bank Malta plc (C3177), Thursday, 21st January, 2021, 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 Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Garage 282, Marshall Place, Triq il-Kampanella, Fgura: property consisting of a garage for business purposes of around two hundred and sixty square metres (260m²), free and unencumbered, at street level, having a narrow yard on the back. There are also toilets and a small store and a small spiral staircase leading to garage number 13 Chanel Drive. The property is valued at three hundred and fifty thousand euro (€350,000).

Garage unofficially numbered 13, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive, of around one hundred square metres (100m²), free and unencumbered, at basement level. There is also a small toilet and a small shaft. The property is valued at one hundred and ten thousand euro (€110,000).

Garage unofficially numbered 16, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive of around one hundred and five square metres (105 m²), free and unencumbered, having an open space at the back which joins with garage number 13 and also having a shaft. The property is valued at one hundred and ten thousand euro (€110,000).

The said tenement is the property of Marshall Limited (C10331).

N.B. The said tenement will be sold as described in the acts of the judicial sale 44/13.

Gaetana Aquilina

for the Registrar of Civil Courts and Tribunals