Court Notices published in Govt. Gazette No. 20,580 of 26th February 2021

By means of a decree given, by the Civil Court (Family Section) on the 6th October, 2020, in the records of the Sworn Application in the names Joseph Micallef vs Lesya Micallef, Application number 107/19 AL, the following publication was ordered for the purpose of service of the respondent Lesya Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Joseph Micallef (ID 151290M) vs Lesya Micallef née Grinishina (ID 57062A) on the 4th March, 2019, the applicant Joseh Micallef (ID 151290M) asked this Honourable Court,

 1. To pronounce the divorce or rather dissolution of the marriage between the parties and uphold the other demands in the application.

The Sworn Application in the names Joseph Micallef vs Lesya Micallef, Application number 107/19 AL, has been deferred to Thursday, 25th March, 2021, at 9.40 a.m.

Notify Respondent: Dolmen Court, Fl, 33, Triq il-Kurazza, San Pawl il-Baħar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 26th November, 2020, in the records of the Application in the names Carmen Spiteri vs Joseph Spiteri, Application number 70/09/1, the following publication was ordered for the purpose of service of the respondent Carmen Spiteri, in terms of Articles 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Following the cause in the names Carmen Spiteri vs Joseph Spiteri, Sworn App. 70/09 RGM, decided on 14th December, 2018, the applicant Joseph spiteri (ID 570155M) respectfully pleaded:

That following the above judgement the Court ordered that the matrimonial premises is to be sold and put on the market for the price of €175,000 or other price agreed between the parties If the preliminary agreement is not sold one year from today the house is to be sold under the Authority of the Court,in such a manner that the wife is to be granted a term of one year from the judgement to continue residing in the house.That the term of one year above mentioned lapsed on the 15th December, 2019;

That since that time the interpellant tried and is trying to do the utmost so that the house be sold on the open market for the best possible price instead of by judicial sale;

That it is clear that the respondent is comfortable in the house and does not want to move and does not want to sell in such a manner that due to her behaviour the interpellant is suffering irrimediable prejudiuce since he literally cannot move;

That when the interpellant checked with the real estate agents they gave him approximate estimates of between €250,000 and €300,000, but nothing can be confirmed because as stated the respondent is refusing access to the house;

That the interpellant even asked the respondent permission to register the house with real estate agents in order that this house be advertised for sale on the market as otherwise ordered by the Court.

Thus the interpellant is with all respect asking this Honourable Court,

1. To authorise the interpellant alone to apply to register the house with real estate agents so that this house be advertised for sale;

2. Authorise the interpellant to accede in the matrimonial premises with prospective purchasers;

3. Order the eviction from the house in question or rather 103, Lechuza, Triq Giovanni Barbara, Hamrun;

4. Order that procedures for contempt against the respondent in terms of Article 997 and 1003 A of Cap. 12 of the Laws of Malta;

5. Give every other provision which is fit and opportune in the circumstances.

Notify: Carmen Spiteri, 103, Lechuza, Triq Giovanni Barbara, Ħamrun

Adv. Frank Portelli, lLD

 For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 23rd September, 2020, in the records of the Sworn Application,in the names Amici Projects Limited vs Luti Limited et, Application 200/20 FDP, the following publication was ordered for the purpose of service of the respondents Luti Limited (C90181) and Luti Holdings Limited (C90179) and Luca Piacenti (Italian passport number YA 6855703), Italian identity card AV 5956635) in terms of Artricle 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Amici Projects Limited (C53835) vs Luti Limited (C90181) and Luti Holdings Limited (C90179) and Luca Piacenti (Italian passport number YA 6855703, Italian identity card AV 5956635) on the 3rd March, 2020, the applicant company Amici Projects Limited, asked this Honourable Court,

1. To declare that the respondents or either of them failed to honour the obligations assumed by them on the writing of the 20th November, 2019, declare the respondents particulary Luca Piacenti, abused and or /was a co-participant in the abuse of the privilege of limited liability in terms of Cap 386 of the Laws of Malta, … omissis … remove the separate juridical personality of the companies Luti Limited and of Luti Holdings Limited and hold the respondent Luca Piacenti responsible in solidum and illimitedly towards the plaintiff company and uphold the other demands in the application.

With costs and interest as demanded in the application from the date that the same became due till the date of effective payment against the respondents from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Amici Projects Limited vs Luti Limited et, Application number 200/20 FDP, has been deferred for hearing to the 18th March, 2021, at 9.00 a.m.

Notify: 1. Luti Ltd, (C90181) Lucky Place, Flat 1, Room 1, Main Street, Mosta MST 1010

2. Luti Holdings Limited (C90179), Lucky Place, Flat 1,Room 1, Main Street, Mosta MST 1010

3. Luca Piacenti, Flat 1, Room 1, Main Street, Mosta MST 1010

Adv. FraNk Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 18th June, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

GO plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 6th February, 2020, whereby they asked the Tribunal to condemn Vanessa Barbosa (ID 148989A) of 78, Villa Yuani, Flat 3, Triq Lapsi, San Ġiljan, to pay the plaintiff company the sum of €2015.21, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 49/2020PM) is deferred on the 5th March, 2021, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the16th February, 2021, of the Rent Regulation Board, in the records of the Application in the names Bartolo Properties Limited vs Angelo Pappalardo, Application number 229/2020CG, the following publication was ordered for the purpose of effecting service on the respondent Angelo Pappalardo 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 Bartolo Properties Limited (C10767) vs Angelo Pappalardo filed before the Rent Regulation Board on the 20th November, 2020, the applicants Bartolo Properties Limited (C10767) requested with respect and Mary Bartolo (ID 524259M) and Leanne Montebello for and on behalf of the applicant company confirm on oath that:

1. By means of a lease agreement dated 16th October, 2017, the applicant leased to the respondent the commercial premises today known as La Pizzoleria, 35, Triq il-Wilġa, Paceville, St Julian's, in order to use it as a bar and restaurant, with the rent and conditions stipulated in the same contract;

2. The respondent stopped paying the rent for these premises in December 2019 and then stopped from using this premises for the purposes for which he rented it in March 2020;

3. As at today this commercial premises has been closed and unused for months;

4. By means of a judicial letter of the 3rd March, 2020 (Doc. B), the applicant drew the attention of the respondent and of the third parties with whom the applicant knew could have been associated with the respondent in the commercial use of the premises, regarding his default in the payment of the rent and called on him to pay the arrears in full and immediately, under pain of dissolving the lease and other consequences as stipulated in the lease agreement;

5. Although the respondent became aware of this solicitation, he did not pay the rent arrears, and in the meantime retained the premises closed and abandoned;

6. For this reason, and after giving him adequate time to come in line due to the pandemic, by a legal letter dated 26th August, 2020 (Doc. C) the applicant warned the respondent that it was terminating with immediate effect this lease, as stipulated in the contract of lease mentioned, due to his failure to pay the rent on nine consecutive times, and reminded him that according to the contract he was obliged to vacate the premises and release it in favour of the applicant with immediate effect;

7. This legal letter was not delivered at the address given by the respondent, with feedback that the respondent is not known at that address (Doc. D), the respondent still became aware of this letter because he instructed a lawyer to reply to it on a 'Without Prejudice' basis;

8. That to date, the respondent has not vacated from the premises rented to him, property of the applicant, and neither did he pay the rent arrears until the date of termination in the amount of €45,241;

9. There are all the elements prescribed by the provisions of Article 16A of the Reletting of Urban Property Regulation Ordinance (Cap. 69) so that the request of the applicant for the eviction of the respondent from the premises mentioned and for the payment of the expired and due rent be decided without proceeding to a hearing because as far as the applicant knows the respondents have no defences to bring against these requests.

Thus, subject to any declaration that this Board deems fit, the applicant respectfully requests that for the reasons above mentioned, this Board should:

i. Decide the requests without proceedings to trial in terms of Article 16A of the Reletting of Urban Propery Regulation Ordinance;

ii. Authorise the applicant to immediately resume the possession of he premises La Pizzoleria, 35, Triq il-Wilġa, Paceville, St Julian's, subject to an order for the eviction of the respondent from the respondent;

iii. Condemns the respondent to pay the applicant the amount of €45,241 representing the arrears of rent expired and due till the date of the termination of the lease.

With costs and interest against the respondent who is summoned so that a reference to his oath be made and reserving any other competent action to the applicant against the respondent, including for the payment of the penalties for the delay as stipulated in clause 19 of the contract of lease between the parties, which penalties till today amount to €567,000 and any other costs that may result due regarding the services of the premises till the date of eviction.

Applicant: 30, Excellence, Triq il-Kungress Ewkaristiku, Mosta

Respodent: La Pizzoleria, 35, Triq il-Wilġa, Paceville, St Julian's

The application in the names Bartolo Properties Limited vs Angelo Pappalardo, Application number 229/2020CG, has been postponed for hearing to the 8th March, 2021, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 24th February, 2021, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 24th February, 2021, in the records of the schedule of deposit and redemption of ground rent number 53/2021 upon an application filed by Notary Doctor Joel Grima in the name and in representation of Maria Antonia Refalo, widow of John Refalo, pensioner, daughter of the late John Grima and of the late Carmela née Axiaq, holder of Australian passport number M2524354 versus deputy curator in order to represent unknown persons entitled to receive the ground-rent mentioned below, filed on the 19th February, 2021, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicant is the owner of the property that is a garage bearing number thirty-eight (38) in Triq l-Gharus, Xewkija, Gozo, with the land attached to it the whole measuring circa two thousand, one hundred and twenty-five metres squared (2,125 sq. mt.). This property is subject to the payment of three liri and six shillings of the old currency (£3 6/-) annual and perpetual ground rent, as well as six liri and five shillings of the old currency (£6 5/-) annual and perpetual ground rent. This property is marked in red on the plan and site-plan herewith attached and marked as Doc. A;

That the applicant wishes to redeem the ground-rent in its entirety and thus is presenting this application;

That the applicant does not know to whom is this ground-rent payable;

That this property was acquired by the applicant in part by virtue of a deed in the acts of Notary Doctor Michael Refalo of the nineteenth (19th) July of the year two thousand and four (2004) and in part from the succession of her husband John Refalo. That the land originally formed part of a larger land acquired by the predecessors in title by virtue of a deed in the acts of Notary Emanuele Agius of the first (1st) May of the year one thousand, nine hundred and thirty-six (1936);

That the ground-rent described above, one is three liri and six shillings of the old currency (£3 6/-) equivalent to three liri and thirty cents of the Maltese lira (Lm3.30) equivalent to seven euro and sixty-nine cents (€7.69) and the other of six liri and five shillings of the old currency (£6 5/-) equivalent to six liri and twenty-five cents of the Maltese lira (Lm6.25) equivalent to fourteen euro and fifty- six cents (€14.56). Therefore the full amount in annual and perpetual ground rent is of twenty-two euro and twenty-five cents (€22.25);

That the applicant wishes to benefit from the dispositions of law and by virtue of Article 1501 of Chap. XVI of the Laws of Malta, redeems the ground-rent in its entirety which capitalised at the rate of five percent (5%) amounts to four hundred and forty-five euro (€445.00);

Therefore, the applicant in order to exonerate herself from any responsibility, is calling upon this Honourable Court and under its authority deposits the sum of four hundred and forty-five Euro (€445.00) in redemption of ground-rent as explained above, which amount may be freely withdrawn by the respondent/s after due receipt according to Law is tendered.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo), Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

Superior Jurisdiction, General Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals