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Court Notices published in Govt. Gazette No. 20,832 of 12th April 2022

Date Icon 12/04/2022

Notice 599

599

By order given by the Civil Court, First Hall, on 4 February, 2022, in the acts of the Sworn Application number 1171/2021CFS, which was filed on 30 November, 2021, in the names Pisani Dorianne vs Cauchi Marisa et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondents. The applicant claims that the Court should, inter alia: Condemn and order the respondents to pay the liquidated amount to Dorianne Pisani. With costs against the respondents who are from now summoned so that a reference to their evidence be made, including those of official letters number 2645/2019 and 2045/2021, and interest payable according to law. The Sworn Application in the above names is adjourned for hearing on 13th May, 2022, at 9.00 a.m.

Notice to Respondent: Marisa Cauchi, 1, Ronmar, Triq Karmnu Abela, Ħamrun

Jesmar Cauchi, Oea Court, Flat 5, Triq San Luigi, Msida

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

04 February 2022

Notice 600

600

By order of the Civil Court, First Chamber, on 18 March, 2022, in the records of Sworn Application number 1139/2021AJD, filed on 19 November, 2021, in the names Schembri Alexander Avukat Noah vs Zenith Trading Ltd, was ordered to publish the following publication, in accordance with Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the defendant company to pay the plaintiff the said sum of forty thousand and forty-nine euros and fifty-one cents (€41,049.51c). With costs, including those of the official letter of 20th September, 2021, and with interest, decorable from 3rd February, 2020 – ie. from the date of the last payment made by the plaintiff to the defendant company until the effective date of payment, against the defendant company which is now summoned so that a reference to its evidence be made.

The Sworn Application in the above names is adjourned for hearing on May 19th, 2022, at 11.25 a.m.

Notice to Respondent: Zenith Trading Ltd, Melita Court, 35/2, Triq Giuseppe Calì, Ta' Xbiex

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

18 March 2022

Notice 601

601

ARB/C026/2022 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd April, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Lara Lanfranco LLD). Compilation Number 178/2022, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

ETIENNE FARRUGIA, driver, 45 years, son of Joseph and Maria Dolores née Cutajar, born in Tal-Pietà, Malta, on the 5th January, 1977, and residing at Dorjo, Triq Ewġenju Borg, Ħaż-Żebbuġ, and holder of Maltese identity card bearing number 84077M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to ETIENNE FARRUGIA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Director, Asset Recovery Bureau

08 April 2022

Notice 602

602

ARB/C027/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd April, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Rachel Montebello, LLD). Compilation Number 176/2022, in the case:

The Police

(Inspector Justine Grech)

Versus

GODSTINE IDOGIN, works in maintenance, 29 years, son of Virginia, born in Benin City, Nigeria, on the 1st May, 1992, without a fixed address in Malta and holder of Nigerian Passport bearing number A11945780.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to GODSTINE IDOGIN and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where he is perceiving this money.

Any person who acts in contravention of the court order as mentioned in Article 22A, Article 23A and Article 36 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand Euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Director, Asset Recovery Bureau

08 April 2022

Notice 603

603

ARB/C015/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th April, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Ian Farrugia, LLD). Compilation Number 248/2020, in the case:

The Police

(Inspector Joseph Xerri)

Versus

MIROSLAV NIKOLAEV MINCHEV;

VIKTOR ILIEV LEONDIEV, operations manager, 33 years, son of Iliya and Daniela née Vaseva, born in Varna, Bulgaria on the 23rd April, 1988, residing at 191B, Main Street, Birkirkara, Malta, and holder of Maltese identity card bearing number 77543A, Maltese residence permit number MT8088212 and Bulgarian identity card number 646613602.

AND

DOBRI ENEV;

The Court AUTHORIZED the Bank of Valletta plc and the employer of the accused, to formalise an arrangement which would permit the mentioned accused VIKTOR ILIEV LEONDIEV to have his salary deposited in a bank account and, without prejudice to the already existing freezing order, withdraw the yearly allowance as permitted by law from the salary deposited. That this arrangement shall be monitored by the Director of the Asset Recovery Bureau to verify the adherence to the law by all parties involved.

This variation is being published in terms of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Audrey Demicoli, LLD) on the 9th June, 2020, which was published in the Government Gazette on the 16th June, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Miroslav Nikolaev Minchev, VIKTOR ILIEV LEONDIEV and Dobri Enev.

The Director, Asset Recovery Bureau

06 April 2022

Notice 604

604

By means of a decree given, by the Court of Appeal, on the 3rd September, 2021, Application in the names Ta' Giorni Limited vs Dr Renzo Porsella Flores et, Application number 85/11, the following publication was ordered for the purpose of service of Dunstan Williams,in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, Sworn Application number 85/11, Ta' Giorni Limited vs Dr Renzo Porsella Flores and PL Maire Claire Mifsud Bartolo were appointed deputy curators to represent the absent Ahmet Ertugrul by decree of the 19th April, 2011, and Dunstan Williams was appointed deputy curator instead of Dr Renzo Porsella Flores and PL Maire Claire Mifsud Bartolo were removed from the cause by decree of the 26th August, 2011, on the 15th March 2016, the applicant company Ta' Giorni Limited (C44235) respectfully pleaded:

That by means of a Sworn Applicaction, of the 27th January, 2011, the applicant company premised: 1) That by means of a preliminary agreement dated 17th December, 2008, the respondent bound himself to buy from the applicant company which bound itself to sell to respondent the appartment number 11, in the first floor of the block of appartments which bears the name 'Ta' Giorni Corner Site' in Triq Andre Maurois, corner with Triq Albert Meyer, San Ġiljan; 2) That as the applicant company had grounds to believe that the respondent was not coming forward for the publication of the opportune notarial deed of transfer,the applicant company filed a judicial letter of the 28th December, 2010, in virtue of which it called upon the respondent to come forward to the final contract but the respondent remained in default … omissis …; 4) That thus this cause had to be made,

… omissis …

That by means of a sworn reply the deputy curators replied 1) That in the first place it appears that in default of proof the Notice was given to the Commissioner for Revenue regarding the preliminary agreement in terms of Cap. 364, the preliminary acgreement mentioned is not valid and thus the cause cannot be brought forward,

… omissis …

That by means of a sworn reply Dunstan Williams who was appointed curator instead of the preceeding curator on behalf of the defendant replied,

1) That in the first place the plaintiff compacny is to provide proof of the registration of the preliminacry agreement of this cause with the Commissioner for Revenue as required mandatorily by law,

… omissis …

Facts regarding the Demand and Object of the Counter Claim

1. That as premised the plaintiff company and the defendant signed a preliminary agreement dated 17th December 2008, for the sale by the same company to the defendant of an apartment internally marked 11 above mentioned,

… omissis …

5. That as premised also the defendant has a valid reason at law in order not to come forward to the deed of sale,

6. Thus the defendant is constrained to bring forward this counter-claim of the plaintiff company,

Saw the counter-claim of the defendant which states thus,

… omissis …

Saw the reply of the company Ta' Giorni Limited to the counter-claim which states thus,

1. That in the first place the said Dunstan Williams is to bring authentic proof of the mandate given to him by Ahmed Ertugrul and this for very serious reasons which put in doubt the veracity of the mandate given to him by Ahmed Ertugul,

… omissis …

That by means of a judgement of the 30th October, 2015, the First Hall decided by 1) upholding the first plea of the defendant and whereas the preliminary agreement of the 17th December, 2008, is null and without effect, the plaintiff's demands are being rejected with costs, against the plaintiff company, 2) as for the counter- claim the Court upheld the demands of the defendant and condemns the plaintiff company to refund to the defendant the sum of € 42,618.30, monies paid in connection with the preliminary agreement dated 17th December, 2008, with costs and with interest.

… omissis …

That the appellant company felt aggrieved by this decision and is filing this humble appeal,

That the grievance is clear and manifest and consists in the following,

That the facts of this appeal are simple and consist in a mistake due to an oversight of the Honourable First Court,

That as results from the present preliminary agreement the appellant company had received the initial deposit of €15,118.30c,

That as also results from the same preliminary agreement there was also paid the sum of €27,500,

That once the preliminary agreement of the 17th December, 2008, is null and without effect as the Honourable First Court decided the parties revert to the situation prior to the preliminary agreement,

… omissis …

Thus, for the reasons premised in the application and whilst reserving to bring forward all the witnesses permitted to it by law at this stage, the appellant company humbly asks that this Honourable Court may vary the judgement of the 24th February, 2016, in the names 'Ta' Giorni Limited vs Dr Renzo Porsella Flores et' by whilst confirming it were it rejected the demands of the plaintiff and declared that the preliminary agreement of the 17th December, 2008, is null and without effect, cancels and revokes it in that part of the judgement whereby it condemned the plaintiff company to refund to the defendant the global sum of €42,618.30, as stated in this application, with costs of both instances against the respondent defendant.

Whereas the proceedings in writing in the cause before the Court of Appeal between Ta'Giorni Limited vs Dr Renzo Porsella Flores and PL Marie Claire Mifsud Bartolo have been closed deputy curators were appointed to represent the absent Ahmet Ertugrul by a decree of the 19th April, 2011, and Dunstan Williams was appointed deputy curator instead of Dr Renzo Porsella Flores and PL Marie Claire Mifsud Bartolo who were removed from the cause by decree of the 26th August, 2011, the Court fixed the hearing of this cause for Thursday eleventh of March, 2021, at 9.20 a.m. and deferred to the 13th May, 202, at 9.20 a.m.

Notify: Dunstan Williams, 95, Triq il-Belvedere, Qala, Gozo

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 605

605

By means of a decree of the 4th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Eileen Rebecchi noe vs Isabella Palmier, Application number 940/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Isabella Palmier 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 Eileen Rebecchi (ID 87955M) as special mandatory of the absent Jean Kuch (IT 887386113), Christopher Aquilina Roberts (IT 8873866410), Doreen Bollinger (IT 887386212) and Moira Hedel (IT 887386311) vs Isabella Palmier (ID 786655M) filed in the Rent Regulation Board, on the 23rd November, 2021, the applicant Eileen Rebecchi nomine request with respect:

The mandatory of the applicants lease to the respondent the house with number 17, Rue d'Argens, Msida, at the rent of €238.22 per year which is paid on the 1st May of each year, which rent started well before the 1st June, 1995;

In terms of Article 4A et sequitur of Cap. 69, as amended by Act XXIV of the year 2021, the rent with effect from the 1st June, 2021, may be revised to reach the amount that does not exceed the equivalent amount of 2% of the value of the premises in the open market on the 1st January of this year.

That the applicants are requesting this Honourable Board to:

1. Fix the rent on the basis of the criteria of Article 4A of Cap. 69 and this with effect from the1st June, 2021, or any other date that this Board may fix;

2. Alternatively, in case the respondent does not meet the criteria of the means test, order the eviction of the respondent in terms of Article 4A (4) of Cap. 69 within two years and fix the compensation for the occupation that shall be paid by the respondent for the occupation till the date of eviction.

With costs

Applicant: 42, Bacchi, Triq il-Marbat, Swieqi

Respondent: 17, Rue D'Argens, Msida

Notification: Housing Authority

The application in the names Eileen Rebecchi noe vs Isabella Palmier, Application number 940/2021NB, has been postponed for hearing to the 22nd April, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 606

606

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 6th August, 2021, following a request by Emmanuel Mifsud it was ordered that Deputy Curators be selected to represent the unknown heirs of William Mercer Daly in the acts of the schedule of deposit number 2121/2021 in the names Emmanuel Mifsud vs Deputy Curators and in other relative and subsequent acts.

By means of a schedule of deposit filed in the Court of Magistrates (Malta) on the 6th August 2021, in the names Emmanuel Mifsud (ID 175453M) born in Ħamrun on the 21st February, 1952 and residing at Mdina View Mansion, 154, Block A, Maisonette 1, Triq Patri Ġużè Delia, Mosta MST 1478, vs deputy curators nominated to represent the unknown heirs of William Mercer Daly, the applicant Emmanuel Mifsud (ID 175453M) respectfully submitted:

That the applicant is the owner of the premises 173, Anthea Court, Flat 4, Triq Dun Ġużepp Calleja, St Paul's Bay, as subject to the annual and perpetual sub-groundrent of €6.99;

That this groundrent was imposed by William Mercer Daly by means of a contract in the act of Notary Victor John Bisazza, dated 30th September, 1976, which groundrent amounts to Lm35 (€81.53) from which:

1.  Lm6.65 (€15.49) was the original groundrent due to the Convent of the Dominican Frairs of Rabat, Malta, later passed on to the Government of Malta (Joint Office),

2. Lm8.85 (€20.61) was subgroundrent payable to Carmelo Gauci, redeemed in the records of Notary Dr Andre Farrugia on the 5th August, 2008,

3. Lm4.50 (€10.48) as subgroundrent payable to Vincent and Maria Agnes Sammut, redeemed in the records of Notary Dr Andre Farrugia on the 5th August, 2008,

4. Lm15(334.94) as subgroundrent payable to William Mercer Daly;

By means of a contract in the records of Notary Dorita Galea Medati dated 26th October, 2011, the applicant bought Flat Number 4, in Anthea Court, Triq Dun Ġużepp Calleja, St Paul's Bay, as subject to the proportionate share of the annual and perpetual groundrent and subgroundrent revisable of €10.09 from which €3.10 are the original lease due to the Government of Malta (Joint Office) and the rest €6.99 due to William Mercer Daly or his successors;

That €3.10 due to Joint Office was redeemed by means of a public deed in the records of Notary Dorita Galea Medati dated 27th May, 2015, and thus Flat number 4 remained subject only to the annual subgroundrent of €6.99 due to the unknown heirs of William Mercer Daly;

The applicant does not have any form of contract with the respondent and/or his heirs and although several searches to trace the respondent was made these were not successful;

That the groundrent due that is presently being deposited covers the period of a year and that is between 1st June, 2021, and 30th May, 2022, and amounts to €6.99.

That applicant wishes to pay the groundrent due.

Thus, the applicant is requesting this Honourable Court and under its authority is depositing the total amount of €14.94 from which €34.95 represents the annual and perpetual groundrent due for these last 5 years and the amount of €6.99 representing the groundrent due that covers one year period of time and that is from the 1st June, 2021, and the 30th May, 2022, so that these will be freely withdrawn for all the effects and purposes of law.

Applicant: Emanuel Mifsud, Mdina View Mansions, 154, Block A, Maisonette 1, Triq Patri Ġużè Delia, Mosta MST 1478

Notification: Deputy Curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within six (6) days in this registry and file a note with a declaration that he is prepared to act as such.

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Gabriella Vella, LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

08 April 2022

Notice 607

607

By means of a decree of the 4th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Marion Camilleri vs Lilian Farrugia, Application number 952/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Marion Camilleri 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 Marion Camilleri (ID 738661M) vs Lilian Farrugia (ID 1026145M) filed before the Rent Regulation Board, on the 24th November, 2021, the applicant Marion Camilleri (ID 738661M) requested this Honourable Board to:

1.  Carry out the means test of the respondent according to law to determine whether the respondent meets the criteria according to law for the lease to remain in place;

2. Appoint technical architects for the purpose of valuing the premises 35, Triq il-Ballut, St Julian's, at their open, free and unencumbered value;

3. In the event that this Board finds that the respondent does not meet the criteria of the means test of income and capital, dissolve the lease in favour of the respondent of the premises 35, Triq il-Ballut, St Julian's, and give the respondent a short and peremptory time to vacate the premises and release its vacant possession in good condition to the applicant and it shall provide all other appropriate provisions, including setting out the compensation to be paid to the applicant for the use of the premises.

4. Subordinately and without prejudice if the Board finds that the respondent meets the criteria of the means tests for income and capital revise the rent of the premises de quo for the amount of 2% per annum of the free and open market value of the premises from 1st January, 2021, and establishes those other new conditions regarding the lease and this in terms of Article 4A of Cap. 69 of the Laws of Malta.

With costs against the respondent who is hereby summoned so that a reference to her oath be made.

Applicant: 8, Ferħa, Triq il-Gallina, Kappara, San Gwann.

respondent: 35, Triq il-Ballut, St Julian's

Housing Authority

The application in the names Marion Camilleri vs Lilian Farrugia, Application number 952/2021NB, has been postponed for hearing to the 22nd April, 2022, at 9.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 608

608

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 18th February, 2022, in the records of the judicial letter number 3018/2021, in the names Argus Insurance Company (Europe) Limited vs Ivan Fenech, the following publication was ordered for the purpose of effecting service on the respondent Ivan Fenech, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Ivan Fenech (ID 0368872M) of Barumbara, Triq Sant'Antnin, Għajnsielem (Gozo), on the 22nd November, 2021, Argus Insurance Company (Europe) Limited (C1216) of Suite 5, Floor 1, Tower Business Centre, Tower Street, Swatar, Birkirkara BKR 3013, as subrogated in the rights of its insured Martin Ciappara (ID 0569078M) of 29, Rowan Court, Flat 4A, Triq Giovanni Curmi, Iklin both by policy and at law and the same Martin Ciappara, refer you to the car accident that occured on the 24th June 2020 in Triq il-Garrier, Mosta, between the vehicle with number CCE992 driven by Ivan Fenech and the vehicle with number DCD076 property of the insured Martin Ciappara. Copy of the police report here attached and marked as Doc. A.

The accident was caused solely as a result of Ivan Fenech's fault, due to negligence, incompetence, carelessness and failure to observe traffic regulations.

Therefore, by this letter, the interpellant solicits you so that by not later than ten (10) days from the date of this letter, you come forward for the payment of all the damages suffered as a result of the accident de quo in the total amount of €1,1045.74 which included an excess of €100. Failing to do so, be advised that further court proceedings will be instituted against you without further notice.

This letter is being sent for all intents and purposes of law and in particular in accordance with the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 104 of the Laws of Malta) and serves to interrupt the prescription and is therefore required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta.

So much so that you may know how to regulate yourself

With costs and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 609

609

By means of a decree of the 7th July, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2608/2020 in the names Automated Revenue Management Services Ltd  pro et noe vs Mohamed Ehab Malek Senusi, the following publication was ordered for the purpose of effecting service on the respondent Mohamed Ehab Malek Senusi in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To MKohamed Ehab Malek Senusi (ID 223194M) of 56 Glory/ Flat 3, Triq il-Kapuccini, San Gwann SGN 1573

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,702.62, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to law regarding the bills with number 101000095638 regarding the premises with address 56, Glory, Flt 3, Triq il-Kapuċċini, San Ġwann.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 610

610

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 24th March, 2022, in the records of the judicial letter number 2333/2021, in the names GasanMamo Insurance Limited vs Federico Bettancini, ordered the following publication for the purpose of effecting service on the respondent Federico Bettancini, in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Federico Bettancini (ID 239362A) of Flat 2, LA Crt, Triq il-Qrempuċ, Marsaskala

By means of this present GasanMamo Insurance Limited (C3143) of  Triq l-Imsida, Gżira, and whislt making reference to the road accident in Triq il-Kunvent, Ħaż-Żabbar that occurred on the 31st May, 2020, whilst the vehicle with registration number LCN 432 property of Louis Scicluna and insured by the interpellant company GasanMamo Insurance Limited suffered damages whilst it was driven by you and therefore submits for all intents and purposes at law that you were not covered by the relative insurance policy due to a clear breach of conditions in the same policy including the fact that it turns out that you were in a state of inebriation at the time of the accident de quo and this without prejudice to any other breach of conditions of the relative policy which may eventually result.

Therefore you are formally warned that in the event that interpellant company GasanMamo Insurance Limited is obliged to make any payments on your behalf, both in terms of Cap. 104 of the Laws of Malta, and also in favour of its insured in terms of the policy, it is now reserving its position against you, in accordance with law to proceed against you for the recovery of all amounts which it may be obliged to pay in favour of third party and/or in favour of its insured in connection with this case, in addition to the costs and interest according to law.

Therefore, the interpellant solicits you so that within four (4) days you come forward for the assumption of liability as well as the payment of any amount that may be liquidated in line with the damages suffered in the accident de quo and all the relative costs.

This judicial letter is being made for all purposes and effects of Law and especially but not limited to in terms of Cap. 12, Cap. 16 and Cap. 104 of the Laws of Malta.

So much so that you know how to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 611

611

By means of a decree given, by the Civil Court First Hall, on the 17th September 2021, Application in the names Sammut Concrete Supplies Limited vs Stronghold Construction Limited, Application Number 643/21 FS, the following publication was ordered for the purpose of service of the defendant company Stronghold Construction Limited, in terms of Article 187(3) et seq of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names Sammut Concrete Supplies Limited (C 9611) vs Stronghold Construction Limited (C 88607) on the 2nd July, 2021, the applicant Sammut Concrete Supplies Limited (C9611) asked this Honourable Court,

1. To decide this cause in terms of Article 167 to 170 of Cap. 12 of the Laws of Malta,

2.Condemn the respondent company to pay the applicant company the amount of forty thousand and and thirty six euro and thirteen cents (€40,036.13) representing balance of price due to the applicant company on an account current which the respondent company has with the applicant company tied to various supplies of building material.

With costs and with legal interest from the 31st March, 2019, till the date of effective payment against the respondent company from now summoned so that a reference to its evidence be made.

The Application in the names Sammut Concrete Supplies Limited vs Stronghold Construction Limited (C88607) has been deferred for hearing to the 26th April, 2022, at 9.00 a.m.

Notify: Stronghold Construction Limited (C88607) Blk A, 9, Flat 7, Triq Pietru D'Armenia, Pembroke

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 612

612

By means of a decree of the 26th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 733/2021 in the names Finance House plc vs Max Junior Ebejer the following publication was ordered for the purpose of effecting service on the respondent Max Junior Ebejer in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Max Junior Ebejer (ID 305095M) of 36, Triq San Karlu, tas-Sliema

By the present Finance House plc (C58869) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €2,526.36 besides the legal interest from the due day of each bill of exchange till the effective payment representing 6 bills of exchange each of the value of €421.06, which bill of exchange matured on the 1st day of each month from May 2020 till October 2020 respectively (copies here attached and marked as Doc. A1-A6).

This judicial letter is being made in terms of Articles 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not show to this Court grievous and valid reasons to oppose the execution of this bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

For you to be guided accordingly and to know how to proceed and with costs against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 613

613

By means of a decree of the 22nd February, 2022, in the records of the judicial letter number 3052/2021, in the names United Acceptances Finance Ltd vs  Lorraine Farrugia et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et sequitur of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Lorraine Farrugia (ID 355494M) of St Joseph Crt, Flt 6, Triq Birbal, Balzan and Marco Pisani (ID 560682M) of St Joseph Crt, Flt 6, Triq Birbal, Balzan, on the 29th November 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to  twenty six (26) bills of exchange from the account number 0306320304 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked numbers 8 to 33.

The interpellant calls upon so that within two days you pay the sum of €5,590 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.

So much so that you may know how to regulate yourselves.

You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Chapter 12 of the Laws of Malta.

This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Chapter 12 of the Laws of Malta.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 614

614

By means of a decree of the 17th March, 2022, of the Civil Court (Family Section), in the records of the Mediation Letter in the names Janice Abela vs Dione Darmanin, Mediation Letter number 1359/2021, the following publication was ordered for the purpose of effecting service on the respondent Dione Darmanin in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.12)

By means of an urgent application in the acts of the Mediation Letter number 1395/2021, in the names Janice Abela vs Dione Darmanin, filed in the Civil Court (Family Section), on the 29th November 2021, the applicant Janice Abela (ID 0373389M) requested this Honourable Court to:

1. Authorise the applicant to apply so that the minor … omissis … attends St Thomas More College, Marsaskala Primary School without the need of consent from the respondent Dione Darmanin;

2. Fix, pendente lite, the maintenance in the amount of €250 per month for each minor child, or any other amount that this Honourable Court deems fit, besides half the health and education costs;

3. Order that the maintenance starts to be paid from the 1st November, 2021, and subsequently every first day of each month.

And this under those conditions that this Honourable Court deems fit and opportune.

Civil Court (Family Section), Judge Antonio G. Vella, LLD

Letter number 1359/2021

The Court,

Having seen the application dated 29th November, 2021,

Orders service on the other party, who is to file a reply within five (5) working days.

Notification: Dione Darmanin, 126, Fl 4, Triq il-Ġifen, San Pawl il-Baħar

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 615

615

By means of a decree of the 18th March, 2022, of the Civil Court (Family Section), in the records of the Application for the Revocation of the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta in the names Roanna Pisani vs Wajdi Lazhar Ayad Ben Hamed, Warrant number 7/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Roanna Pisani 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 Roanna Pisani (ID 13081M) vs Wajdi Lazhar Ayad Ben Hamed (ID 412304L) in the acts of the Application for the Revocation of the Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta, filed in the Civil Court (Family Section), on the 12th January, 2022, the applicant Waydi Lazhar Ayad Ben Hamed (ID 412304L) requested this Honourable Court to:

1. Order the revocation contrario imperio of its decree of the 18th November, 2021, and authorise the applicant to travel on holiday with the children, as agreed by the same mother of the children;

2. Re-appoint the case so that the passport officer exhibits the passports of the children of the parties to these Proceedings and for this application to be heard, if necessary;

3. Authorise the applicant to keep these passports as agreed by the same mother of the children in the agreement of the 13th April, 2018, Doc. A.

Applicant: 28, St Angelo Street, Tas-Sliema

Notification : Roanna Pisani, Blk 4, Door C, Flat 8, Vjal in-Naspli, San Ġwann

Civil Court (Family Section, Hon. Madame Justice Abigail Lofaro, LLD, Dip. Stud. Rel. Mag. Jur. (Eur. Law)

The Court,

Saw the application dated 12th January, 2022

Appoints the application for hearing for the 30th March, 2022, at 10.00 a.m., which was adjourned for the 8th June, 2022, at 9.15 a.m.;

Orders the notification to the counter-party who can within seven (7) days from the notification file a note with the submissions that she wishes to make together with all the submissions and the documents in support of the demand as she may wish to file.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 616

616

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th March, 2022, Application number 441/2022, by Anthony Buttigieg et whereby they requested that it be declared open in favour of Anthony Buttigieg and Maria Doris Camilleri in equal shares between them the succession of their mother Carmela Buttigieg, widow of Alfred, daughter of the late Antonio Pisani and Margherita Pisani née Mangion, born in Ħ'Attard, Malta, resided in Birkirkara, Malta and died in Msida, Malta, on the 27th March, 2021, aged 92, and who held identity card number 740628M.

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

08 April 2022

Notice 617

617

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th January 2022, Application number 57/2022n by Teresa Napier whereby she requested that it be declared open in favour of Teresa Napier, Pauline Azzopardi, Constance Young, Raymond Azzopardi and Vincent Azzopardi in the quota of one fifth (1/5) undivided share each one of them the succession of their mother Grace Azzopardi, widow of Charles Azzopardi, daughter of the late Paolo Mifsud and Paola née Borg, born in Ħaż-Żebbuġ, Malta, resided in Salford, United Kingdom, and died in Salford, United Kingdom, on the22nd May, 2002, aged 77.

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

08 April 2022

Notice 618

618

By means of a decree of the 22nd March, 2022, of the Civil Court (Family Section), in the records of the Mediation Letter in the names Fiona Bonello vs Charles Vella, Letter number 565/2021, the following publication was ordered for the purpose of effecting service on the respondent Charles Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.12)

By means of an urgent application in the acts of the Mediation Letter number 565/2021, in the names Fiona Bonello vs Charles Vella, filed in the Civil Court (Family Section), on the 28th January, 2022, the applicant Fiona Bonello (ID 025583M) requested this Honourable Court to suspend the access of the father to the minor … omissis …, in view of what happened and in view of the fact the child absolutely does not want to go for the visit because each time he goes he becomes a victim of abuse and beating.

And this safeguarding any order or direction that it may deems fit.

Civil Court (Family Section), Judge Antonio G. Vella, LLD

Letter number 1359/2021

The Court,

Having seen the application dated 28th January, 2022,

Orders service on the other party, who is to file a reply within five (5) working days.

Notification: Charles Vella – St Philip's Crt, Fl 4, Triq il-Kbira, Ħaż-Żebbuġ

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

08 April 2022

Notice 619

619

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2022, Application number 437/2022, by Carmel sive Charlie sive Carmelo Falzon et whereby they requested that it be declared open in favour of Carmel sive Charlie sive Carmelo Falzon and Rita Scicluna née Falzon in equal shares between them the succession of their brother Raymond Falzon, bachelor, son of Alfred sive Alfredo Falzon and Carmela Falzon née Ciantar born in Tal-Pietà, Malta, resided in Santa Venera, Malta, and died in Santa Venera, Malta, on the 21st September, 2021, aged 54, and who held identity card number 381067M.

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

08 April 2022

Notice 620

620

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2022, Application number 422/2022, by Mario Borg et whereby they requested that it be declared open in favour of Mario Borg and Rita Borg née Dimech, parents of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Christopher Borg and Alexia Borg, brother and sister of the decujus, in the quota one fourth (1/4) undivided share each one of them the succession of Roberto Borg, bachelor, son of Mario Borg and Rita Borg née Dimech, born in Tal-Pietà, Malta, resided in Kappara, San Ġwann, Malta, and died in San Ġwann, Kappara, Malta, on the 30th December, 2021, aged 33, and who held identity card number 355177M.

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

08 April 2022

Notice 621

621

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th March, 2022, Application number 402/2022, by Anthony Brincat noe whereby he requested that it be declared open in favour of Alfrida Gauci, wife of the decujus the succession of Joseph Gauci, husband of Alfrida Gauci, son of Peter Gauci and Jane Gauci née Fenech, born in Birkirkara, Malta, resided in Victoria, Australia, and died in Victoria, Australia, on the 24th September, 2013, aged 70.

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

08 April 2022

Notice 622

622

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 16th March, 2022, following a request by Alfred Psaila et it was ordered that deputy curators be chosen to represent the unknown heirs of the late Carmelo Psaila in the acts of the application number 208/2022 in the names Alfred Psaila et vs Clive Psaila et vs Deputy Curators and in the other relative and subsequent acts.

By means of an application filed before Court of Revision of Notarial Acts on the 10th March, 2022, Alfred Psaila (ID 599863M), Annabelle Grech née Psaila (ID a482682M), Carmen Marquette née Psaila (ID 505762M) and Mary Psaila née Catania (ID 495341M) vs Clive Psaila (ID 126981M), Maria Dolores sive Doris Mizzi (ID 0224858M), Josephine Fenech (ID 52766M), Alfred Calleja (ID 107861M), Chief Government Notary and deputy curators to represent the unknown heris of the late Carmelo Psaila (ID 392643) whereby by means of this present Alfred Psaila (ID 599863M) et requested with respect this Honourable Court to:

1. Order the publication of the required deed in accordance with the provisions of sub-article 9 of Article 40 of Cap. 55 of the Laws of Malta in order to validate the contract of division in the records of Notary Pierre Falzon dated 7th December ,1994 (Doc. E), sets out the time, day and place when and where the act of validation is to be carried out by appointing the Chief Notary to the Government Dr Keith F German and/or a subsequent chief notary in order to publish the relative deed and any deeds relating thereto and this under all such opportune provisions as the Court may determine in the circumstances;

2. Appoint curator(s) to appear on behalf of those parties who fail to appear on that act as ordered in accordance with the first request.

And this always in accordance with the terms and conditions that this Court deems appropriate.

Interpellants:

Alfred Psaila et, 27, Noel, Triq Ħas-Sajjied, Birkirkara

respondents:

1) Clive Psaila,Flat 3, Triq tan-Naħla, Ħaż-Żebbuġ

2) Maria Dolores sive Doris Mizzi – 17, Lourdes, Flat 1, Triq Karm Sammut, Birkirkara

3) Josephine Fenech, Santa Rita House, Triq il-Vitorja, Birkirkara

4) Alfred Calleja, Matthew, Triq il-Vitorja, Birkirkara

5) Chief Government Notary, 2/3 Triq Mikiel Anton Vassalli, Valletta

6) Deputy curators to represent the unknown heirs of Carmelo Psaila

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 these banns, you are to inform forthwith this Court.

Given by the Court of Revision of Notarial Acts, above mentioned, with the witness of the Hon. Judge Emeritus Joseph Galea Debono , Doctor of Laws.

Alexandra Debattista

For the Registrar, Courts and Tribunals

08 April 2022

Notice 623

623

By a decree of the Small Claims Tribunal of the 14th January, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12) on the company Ocean Properties Ltd.

Mary Fenech (ID 170341M) of Coral Court, Block A, Apartment 3, Triq is-Salib, Mellieħa, filed a Claim on the 9th September, 2019, whereby she asked the Tribunal to condemn Patrick Camilleri and by means of a decree of the 10th May, 2021, the company Ocean Properties Ltd was called into suit of Suite 3, 64/1 Agitan bldg, St Anthony Street, San Ġwann and/or 308/58, Triq ta' Taħt l-Irdum, Sta Maria Estate, Mellieħa, to pay the plaintiff the sum of €672.60, which amount is due to the plaintiff.

With costs and legal interests

The case (Claim number 255/2019JG) is deferred on the 21st April, 2022, at 1.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

08 April 2022

Notice 624

624

By means of a decree given, by the Civil Court (Family Section) on the 14th January, 2022, Application in the names Godwin Azzopardi vs Natalia Azzopardi Application number 281/21 AGV, the following publication was ordered for the purpose of service of the defendant Natalia Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the names Godwin Azzopardi (ID 0234972M) vs Natalia Azzopardi (ID 00790590A) on the 29th November, 2021, the applicant Godwin Azzopardi (ID 0234972M) asked this Honourable Court to pronounce the personal separation between the parties for the reasons mentioned in the application.

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

The Application in the names Godwin Azzopardi vs Natalia Azzopardi Application number 281/21 AGV, has been deferred for hearing to the 21st April, 2022, at 9.00 a.m.

Notify Defendant: Loghe, Tal-Qadi, Blokk B, Flat 8, Triq Luigi Preziosi, Buġibba

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

11 April 2022

Notice 625

625

By means of a decree given by the First Hall Civil Court, on the 23rd February, 2022, in the records of the Application in the names Commissioner for Revenue vs Phenix Ltd (C57845), Application number 1248/2021 NC, the following publication was ordered for the purpose of service of the respondent company Phenix Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance and Employment, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Finland, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Employment, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent company owes tax to the applicant authority of Finland in the amount of eighty four thousand, one hundred and forty six euro and fifty five cents (€84,146.55), as results from the Uniform Enforcement Instrument here attached and marked as Doc. 'A', together with interest due by law;

That the respondent company has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent company has a right to a translation of the attached document into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent company that it may request the mentioned translation within seven (7) days of service of the mentioned document;

To that extent and in view of the above, the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A' and Doc. 'B', to be served upon the respondent company according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. 'A' as an official copy, such that said document constitutes executive title.

Applicant:       Commissioner for Revenue, Office of the Commissioner for Revenue, Floriana FRN 0170

Respondent:    60/2, Triq Melita, Valletta

Document List:

Doc 'A' - 'Uniform Enforcement Instrument' issued by the requesting authority of Finland,

Doc 'B' - Document that informs the respondent company of its right to request a translation of Doc. 'A'.

The Application in the names Commissioner for Revenue vs Phenix Ltd, Application number 1248/2021 NC, has been deferred for hearing to the 3rd May, 2022, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

11 April 2022

Notice 626

626

By a decree of the Small Claims Tribunal of the 17th January, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Gordon's Moto Dealer Limited (C31490) of Valley Road, Birkirkara BKR 9042, filed a Claim on the 13th Janaury, 2022, whereby they asked the Tribunal to condemn Anthony Pisani (ID 223662M) of 394, Triq Fleur-de-Lys, Birkirkara to pay the plaintiff company the sum of €3950.00, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 14/2022SFJ) is deferred on the 26th April, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

11 April 2022

Notice 627

627

By a decree of the Small Claims Tribunal of the 8th June, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Elmo Insurance Limited (C3500) of Triq Abate Rigord, Ta' Xbiex, filed a Claim on the 3rd May, 2021, whereby they asked the Tribunal to condemn Danrof Vella (ID 10089M) of Block 2, Fla 2, Triq Orlando Zabbar, Xgħajra, to pay the plaintiff company the sum of €1,197.76, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 131/2021KCX) is deferred on the 21st April, 2022, at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

11 April 2022

Notice 628

628

By means of a decree of the 10th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Emanuel Abela et vs Dennis Mizzi, Application number 713/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Dennis Mizzi 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 Emanuel Abela (ID 0020553M) and Theresa wife of Alfonse Abela (ID 310451M) brother and sister Abela vs Dennis Mizzi filed before the Rent Regulation Board, on the 6th October, 2021, the applicant Emanuel Abela (ID 0020553M) et requested this Honourable Board to:

1. Declare and decide that the respondent Dennis Mizzi is the lessee of the urban property number 7 with the name Saint Mary, Sqaq Indri Dimech, Ħal Għaxaq, in terms and by application of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;

2. Carry out the means test of the respondent, in terms of Article 4A(3)(c) of Cap. 69 and determine whether the same respondent meet the criteria of the means test for income and capital;

3. In the event that this Board finds that the respondent does not meet the criteria of the means test for income and capital:

a. Dissolve the lease in favour of the respondents of the premesis number 7, with the name Saint Mary, Sqaq Indri Dimech, Ħal Għaxaq,

b. give the respondents a period of time, not exceeding two years to vacate the premises and release its vacant possession in good condition to the applicants,

c. establish the rent payable by the respondent to the applicants for the occupation of the tenament during the said period;

4. In the event that this Board finds that the respondent meet the criteria of the means tests for income and capital, revise the rent payable by the respondent in relation to the premises number 7, with the name Saint Mary, Sqaq Indri Dimech, Ħal Għaxaq, to the amount up to 2% per annum of the free and open market value of the premises on the 1st January, 2021, and order the respondent to pay the applicants the revised rent, with the same current installments or in a different manner which this Board might establish at its discretion.

With costs against the respondent who is hereby summoned so that a reference to his oath be made and reserving any other action by the applicant including those for damages as the case may be.

Applicant: Emanuel Abela et, Silhouette, 20, Triq id-Dejn, Ħal Għaxaq

Respondent: Dennis Mizzi, Saint Mary, 7, Sqaq Indri Dimech, Ħal Għaxaq

Housing Authority

The application in the names Emanuel Abela et vs Dennis Mizzi, Application number 713/2021NB, has been postponed for hearing to the 29th April, 2022, at 10.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 April 2022