Court Notices published in Govt. Gazette No. 20,533 of 7th December 2020

By means of a decree of the 2nd October 2020 of the Rent Regulation Board, in the records of the Application in the names Hermann Magro et vs Stephanie Farrugia, Application Number 88/2020JD, the following publication was ordered for the purpose of effecting service on the respondent Stephanie Farrugia in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an Application in the names Hermann Magro (ID 744049M), Josephine sive Josette Magro (ID 570148M) and Nathalie Galea (ID 663757M) vs Stephanie Farrugia (ID 055689M) filed before the Rent Regulation Board on the 12th June 2020, the applicants Hermann Magro, Josephine sive Josette Magro and Nathalie Galea requested with respect whilst Hermann Magro (ID 744049M) confirmed on oath:

That the applicants are the owners of the premises number 110, Triq San Gwann, Birżebbuġa.

That the premises 110, Triq San Gwann, Birżebbuġa were leased to the respondent by means of an agreement dated 15th December 2019 (copy attached Doc SF2) for a period of one year starting from the 15th December 2019 till the 14th December 2020 at the rent of €550 euros per month payable in advance;

That the respondent failed to pay the rent for the months of 15th January 2020 and that is for the months of 15th January, 15th February, 15th March, 15th April and 15th May 2020 and she has water and electricity arrears due and this in violation with the conditions agreed on the same agreement.

That although the respondent was notified about these defaults by means of a legal letter dated 11th March 2020 (copy attached Doc SF3) she remained in default and failed to pay the amount due by her. In addition, till today the respondent did not pay anything for the water and electricity consumption.

It is clear that according to clause 3 of the agreement and also according to the conditions stipulated in Articles 1569 et seq of Chapter 16, the lease was terminated and the respondent has to vacate from the premises and return the vacant possession of the premises.

Thus the applicants are filing these procedures to request this Honorable Board to declare the termination of the lease, to order the eviction of the respondent, reserving all the rights available to them including but not limitetdly for the rent arrears, pre-liquidated damages, expenses amongst which water and electricity and damages and loss of profit.

That as far as the applicants know, the respondent has no valid defence to bring to the requests of the applicants;

Thus the applicants are filing these special summary procedures in terms of Article 16A of Chapter 69;

Thus the applicants requests this Honorable Board to hear and decide:

1. That the requests of the applicants are to be accepted without proceeding to trial and this in terms of Article 16A of Chapter 69 of the Laws of Malta;

2. That the lease of the premises 110, Triq San Gwann, Birżebbuġa is terminated;

3. Authorises the applicants to resume the possession of the premises 110, Triq San Gwann, Birzebbuga and orders the respondent to evict from the premises to return the vacant possession of the premises and this within a short and peremptory time fixed by this Honorable Board;

4. Condemns the responent to pay the sum of €2750 as the rent due for the period from the 15th January 2020 till 14th June 2020.

With costs against the respondent, reserving all the rights of the applicants including the water and electricity costs, damages and damages in the premises and damages for loss of profit and/or further rent after the 14th June 2020.

Applicants: Hermann Magro et – 42 San Antonio, Triq il-Linja, Attard.

Respondent Notification: Stephanie Farrugia – 110 Triq San Gwann, Birżebbuġa

The application in the names Hermann Magro et vs Stephanie Farrugia Application Number 88/2020JD has been postponed for hearing to the 11th January 2021 at 10.15a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Rent Regulation Board of the 8th October 2020, the publication of the following notice of hearing of a cause was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12) on the respondent Daniel Pullicino.

By means of a Notice of Hearing of a cause which was set down for hearing issued by the Registry of the Superior Courts the Application Number 266/2019CG in the names Jason Roberts vs Daniel Pullicino was set down for hearing on the 8th January 2021 at 10.10a.m. before Magistrate Dr Charmaine Galea.

For the purpose of service:

Daniel Pullicino – No 21, Triq San Guzepp, Sliema.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 22nd July 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).

Doctor Karen Mugliett (ID 55266M) as administrator of Apollo Court Residents Association (Condominium No 2644) as duly authorised of 89, St Mary Street, Tarxien, filed a Claim on the 7th July 2020 whereby she asked the Tribunal to condemn Anthony Pisani (ID 0069258M) of 23, Apollo Crt, Fl 2, Triq Sant’Elija, San Giljan, to pay the plaintiff nomine the sum of €958.28 which amount is due to the plaintiff nomine.

With costs and interest.

The case (Claim Number 142/2020JG) is put off on the 28th January 2021 at 12.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 30th November 2020 of the Civil Court First Hall in the records of judicial letter number 3898/2020, in the names Advocate Dr Stephen Muscat et noe vs Alberto Samuel Chang Rajii, the following publication was ordered for the purpose of effecting service on Alberto Samuel Chang Rajii in terms of Article 891(1) of Chapter 12.

In the First Hall of the Civil Court

To Alberto Samuel Cahng Rajii (holder of Chilean Identity Card number 8.952-310-9) of 132, Vilhena, The Penthouse, Tower Road, Sliema.

By the present Advocate Dr Stephen Muscat (ID 420772M) of 103, Strait Street, Valletta, VLT 1436, as special mandatary of Jose Antonio Lopez, holder of Chilean passport number P15078219 and residing at 20 Laurie Ave, Parnell Auckland 1052, New Zealand and of JAL Foods Limited (A 26827), a company registered in Hong Kong with company number 1072118 and having its registered office at 14th Floor South China Building, 1-3 Wyndham Street, Central Hong Kong, is calling upon you to immediately pay the sum of four hundred thousand US Dollors (USD 400,000) which sum is due by you to Jose Antonio Lopez and/or JAL Foods Limted.

This so that you are guided accordingly and avoid unnecessary expenses.

With costs of the present judicial letter together with legal interest until the date of payment of the full amount.

Due to the fact that there is a poossibility that you do not understand the Maltese language, this judicial letter is being presented both in Maltese language and English language.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Brikors Giulio Musciay means of a decree given, by this Court, on the 18 th November 2020, following a request of Giulio Muscia, it was ordered that deputy curators be chosen to represent the absent Ramona Betti, in the records of the Sworn Application 197/20 AL, in the names ‘Giulio Muscia vs Deputy Curators, and in the other relative and subsequent acts.

By means of a Sworn Application, in the names Giulio Muscia ( Residence Card of Malta 0138202A) vs Deputy Curators to represent Ramona Betti (Passport Number YA4630091, on the 9th November 2020, the applicant Gioulio Muscia ( Residence Card of Malta MT7906732) premised and asked this Honorable Court,

1. That the parties have been separated de facto for more than five (5) years and this for grievous reasons according to law and declare that the marriage contracted between the partries on the 14th February 2008,in Bergamo, Italy, as dissolved in terms of Article 66A of Cap of the Laws of Malta.

With costs, against the respondent from summoned so that a reference to her evidence be made.

Applicant: 64, Triq id-Dejqa, Lija.

Notify Respondent: 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, 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.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 31st July 2020, in the records of the protest number 82/2020, in the names MeDirect Bank (Malta) plc vs Father Colin Sammut pro et noe vs Fashion Retailers Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et seq of Chapter 12 on the respondents Fashion Retailers Limited, Father Colin Sammut noe, David Lauri, Marcus Lauri and Dorkins Limited.

In the First Hall of the Civil Court

After the judicial letter number 231/2020 in the names:

Father Colina Sammut (ID 609281M) for and on behalf of the Conventual Order of Francisan Friars Minor of Valletta

vs

Fashion Retailers Limited (C 36172)

Protest of the bank MeDirect Bank (Malta) plc formerly Mediterranean Bank plc in which the company Mediterranean Corporate Bank Limited formerly Volksbank Malta Limited was amalgamated. Request with respect:

That the applicant bank is the creditor of the respondent company in the amount of €124,832.56 besides further interest as hereunder mentioned representing as for:

€5000 capital due originally due on the loan together with interest of €391.23 till 29th February 2020, besides further interest on the above mentioned capital sum from the 1st March 2020 till the date of effective payment;

€81,216.33 being the capital sum originally due on the Overdraft together with €3,955.91 interest till the 29th February 2020, besides further interest on the said capital amount from the 1st March 2020 till the date of effective payment and;

€31,803.10 being the original capital due on the Loan in the name of third parties and €2,565.00 interest till the 29th February 2020, besides the legal interest from the 1st March 2020 till the date of effective payment, the payment of which debt is guaranteed by the company Fashion Retailers Limited,

Which amounts due are secured by hypothecs registered in the Public Registry Malta Volume I numbers 10,518 of the year 2011, 8,467 of the year 2013, 8,470 of the year 2013 and 8,471 of the year 2013 and also inter alia by means of two contracts of constitution of debt in the records of Notary Alexandra Vella of te 4th April 2018.

That the said hypothecs effect in particular the temporary utile dominium for the period of 137 years which started on the 15th December 2000 of the shop number 44, Wallis in Triq it-Torri Sliema which has two entrances with numbers 1 and 1A Triq Tigne, Sliema underlying property of third parties.

That with the said judicial letter the other applicant Father Colin Sammut nomine is inter alia, requesting from the said respondent company Fashion Retailers Limited payment of groundrent for more than three years amounting to €104,196.55 and is arguing that in terms of clause 19 of the contract dated 12th August 1987 in the records of Notary Pierre Attard and in terms of law in default of the total amount due in the time given, this emphyteutical concession will be terminated according to the same contract and the applicant will take back the vacant possession of the premises mentioned. The concession will also be terminated even in the case of partial payment of the amount due.

That article 1571 of the Civil Code (Chapter 16 of the Laws of Malta) stipulates that “It shall be lawful for the dominus to demand the dissolution of the emphyteusis and the reversion in his favour of the tenement together with the improvements if the emphyteuta owes by way of ground-rent a sum equal in amount to three yearly payments.”

It is uncontested that a request for the payment of the groundrent is to be made through a law suit and not by a simple judicial letter.

That in fact in terms of subarticle 2 of article 1519 “the court may, ..... grant to the defendant a reasonable time, according to circumstances, for the payment of the arrears ..... and such time may, for a just cause, be extended once to a further reasonable time”.

That the applicant notes and makes the required reservations in the light of subarticle (1) of article 1520 which gives a right to “Any creditor of the emphyteuta, ......may intervene in the suit and make the demand for the time aforesaid…..”.

That the procedure adopted by Father Colin Sammut nomine for the dissolution of the emphyteusis and to take back the vacant possession of the premises above mentioned is irregular and null because the same Father Colin Sammut nomine had to proceed by means of a sworn application and not by a simple judicial letter.

Thus the applicant bank whilst bringing the above mentioned to the formal attention of the respondents Fashion Retailers Limited and Father Colin Sammut nomine, objects to the action of the respondents as above described and holds them responsible for their action and requestes the respondent Company Fashion Retailers Limited to pay all the amounst due by it and it solicits the respondent Father Colin Sammut nomine from assuming on himself, or his representatives, claims which he legally does not have, or do not have, and accordingly places the respondents on notice for all the effects and purposes at law.

Applicant: The Centre, Tigne Point, Sliema TPO 0001.

Notification: 1) Fashion Retailers Limited (C 36172) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520.

2) ) Father Colin Sammut for and on behalf of the Conventual Order of Francisan Friars Minor of Valletta

Further notifications: David Lauri (ID 164777M) of Flat 9, Imperial Flats, Triq Depiro, Sliema.

Marcus Lauri (ID 242873M) of 232, Belgravia Court, Flat 8, Tower Road, Sliema SLM 1601;

Dorkins Limted (C21098) of Flat 1, Holland Court, Bisazza Street, Sliema.

J.L. & Sons Limited (C 6982) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

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 5th October 2020, Application number 1245/2020 by Giorgina widow of Hans Peter Schutle whereby she requested that it will be declared open in her favour the SUCCESSION of her husband Hans Peter Schulte, son of the late Heinz Schulte and Charlotte née Schulte, born in Bochum Germany, resided in Vittoriosa, Malta and died in Imsida, Malta on the 8th June 2019 aged 69 and who held identity card number 0028678(A) with the exclusion of his children and limitedly for his assets in the Maltese Islands.

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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 29th October 2020, following a request by Innocent Borg et it was ordered that deputy curators be chosen to represent unknown direct owner in the acts of the schedule of deposit number 1604/2020 in the names Innocent Borg et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Innocent Borg, son of Joseph and Rosaria née Vassallo, born in Mellieħa and Carmela Borg Axisa daughter of Agaton Axisa and Carmela née Delia, born in Fugra both residing in Safi holding identity card number 272660M and 264161M respecitvely vs deputy curators to represent the unknown direct owners of the groundrent hereunder mentioned, filed on the 26th October 2020, the applicants Innocent Borg et respectfully submitted:

That by means of a contract of sale published in the records of Notary Dottor Sandro Schembri Adami dated 19th September 1996, copy here attached and marked as Doc A, the applicants acquired the maisonette without number and without a name, overlying a garage at the ground floor level which in turn overlie other garages at basement level, in Triq Bieb il-Garra, Safi, bounded from the north with the said road, and with respect to the other boundaries with assets of the sellers or ther successors with their rights and appurtenances.

That by means of another contract of sale published in the records of Notary Joseph Henry Saydon of the 1st February 1999, copy of which is attached and marked Doc B, the applicants acquired the garage without number but internally indicated with the number 11 which garage is at basement level with a private drive-in that abuts in Triq Bieb il-Garra, Safi and is bounded from the south west with the said drive-in from the North East with the garage internally marked with number 12 property of the sellers of their successors and from the south east with a garage internally marked with number 10 property of the sellers or their successor with their rights and appurtenances.

That according to the notorial acts above mentioned the applicants acquired the maisonette and the garage above mentioned as free and unencumbered whilst infact according to the certificate of title released by the registrar of Lands, a copy of which is here attached dand marked as Doc C the divided portion of land on which the maisonette and the garage are built is subject to the annual and perpetual groundrent of €1.55 and thus, for the applicants to be compliant and for all the ground rent of the said maisonette and garage to be redeemed, it was decided that the same properties above mentioned are no longer burdened with the total amount of the groundrent mentioned that is of €1.55 so that the rights both of the applicants and that of the unknown direct owners are not be prejudiced.

That the applicants wish to avail themselves of the option given to them in terms of article 1501 of the Civil Code and redeem the groundrent according to law;

That the amount of €1.55 capitalised at 5% amounts to €31;

That the applicants wish to regulate themselves according to law, the applicants are depositing also 5 years groundrent arrears in the amount of €7.75 and also the amount of €1.55 representing the laudemium.

This premises is used as a personal residence of the applicants.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €40.30 as the price for the redemption of the annual and perpetual groundrent above mentioned regarding the premises above mentioned so that this amount may be freely withdrawn by who has the right to it according to law after leaving the relative receipt.

Applicants: 25, Zebettina, Triq Bieb il-Garra, Safi.

notification: Director Public Registru, Strada Stretta, Valletta.

Deputy Curators, Law Courts, Valletta.

Lands Registry, 116, Casa Bollino, 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, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals