Court Notices published in Govt. Gazette No. 20,951 of 28th October 2022

Notice, Registry of the Civil Court, First Hall

Whereas Redeemer Caruana (ID 465989M) filed an application under oath (number 948/2022JVC) demanding the correction of the Act of Public Registry number 4659/1989 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By decree given the Court of Appeal (Superior Jurisdiction) on 22nd June, 2022, in the records of the Appeal Application 830/19/1 in the names Turnkey Services Malta Limited (C82232) vs Joseph Saliba the following publication was ordered to serve as a notification in regard to the said Joseph Saliba pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal number 830/2019 by Turnkey Services Malta Limited filed on 15th March, 2022, the company declared that in virtue of the judgment delivered on 17th February, 2022, the First Hall of the Civil Court dismissed the plaintiffs' claims and since it felt aggrieved by this decision it is hereby filing an appeal against it. Whereas and grievance is manifest and clear in that in the Court's decision it was decided that the exponent company did not succeed in proving that the shuttering of the first floor which led to the collapse in question, was carried out by the respondent, when in effect from the evidence produced it amply resulted to the contrary.

The exponent was aggrieved by the decision given by the Court of First instance especially as it results that the exponent succeeded in proving that it was actually Joseph Saliba who performed the works which led to the collapse and the consequent damages that the exponent suffered.

Therefore the exponent requests that this Honourable Court of Appeal decides the case by annulling the judgment delivered by the First Hall of the Civil Court of 17 February 2022 in the names aforementioned and instead hold and decide the cause by upholding the appellant's requests.

With the costs of the two instances against the respondent.

Notification:   Joseph Saliba, Vendome Mansions, Block D, Mais 1, Triq Vendome, Żejtun

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By a decree delivered by this Court, on 28th September, 2022, at the request of Identity Malta Agency, it was ordered that deputy curators be selected to represent Bijay Malla in the records of Appeal Application number 14/2022, in the names Bijay Malla vs Identity Malta Agency in other relative and subsequent acts.

By means of an Appeal Application of 3rd March, 2022, filed in the Court of Appeal (Inferior Jurisdiction), in the names Bijay Malla vs Identity Malta Agency, Identity Malta Agency declared that it was appealing against the decision given by the Immigration Appeals Board on 25th February, 2022, in the aforementioned names.

Whereas the exponent felt aggrieved by this judgment by the said the Board in that even though Identity Malta Agency filed a reply in response to the appeal before the Immigration Appeals Board and within the term granted by law, this reply, for some reason not imputable to the Agency, was not inserted in the relative file, and therefore the Board was not aware of it. This grievance amounts to the violation of the principle of equality of arms and the action of the said Board renders such a decision null because even the principle of audi alteram partem requires that an adjudicating body hears all the opposing parties before it decides the dispute. This principle can be respected once again when this Honourable Court annuls the decision of the Board and sends back the records of the proceedings so that the same Board decides the case again.

Therefore, the exponent while making reference to the evidence produced and while reserving the right to adduce that evidence which the Law allows, respectfully requests that the Honourable Court annuls and revokes the appealed judgment of the Immigration Appeals Board of 25th February, 2022, in the aforementioned names and orders the Board to decide once again after taking cognizance of the reply of the Appellants dated twenty seven (27) May two thousand and twenty one (2021) and this according to the considerations made by this Court, with the costs of the two instances against the respondent.

Therefore, the exponent also humbly requests that this Honourable Court prior to the publication of the usual banns, appoints deputy curators to represent the absentee Bijay Malla in the proceedings against him in all the relative acts, and this in terms of the section 929 et sequitur of the Cap. 12 of the Laws of Malta.

Applicant: Office of the State Advocate, 16, Casa Scaglia, Triq M. A. Vassalli, Valletta

Deputy Curators, The Court, Valletta

Whereas the aforementioned appeal has been deferred to 30th November, 2022, at 9.10  a.m. for the purposes of the decree of 14th July, 2022

You are therefore ordered to affix an official copy of these banns 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 ex officio curators.

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 Appeal (Inferior Jurisdiction), above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

This day 28th September, 2022

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

IT IS hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 24th October, 2022, and upon an application numbered 739/2022, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Ashley Devin Smith Merrill in the Malta Public Registry, he makes the necessary corrections or annotations so that instead of 'Ashley Devi' the name of Ashley Devin Smith Merrill should appear as 'Ashley Devin Smith'.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the thirteen (13th) of October of the year two thousand and twenty two (2022) (Application number 116/2022BS) Anthony Zammit requested the opening of the succession of Antoinette Zammit, née Bugeja, wife of Tarcisio Zammit, daughter of Michael Bugeja u Carmela née Spiteri, born in Victoria, Gozo, on the twenty-onie (21) of February, 1943, and resided in Victoria, Gozo (identity card Number 18843(G)) and died in Victoria Gozo on the second (2) of November of the year one thousand, nine hundred and eighty-six (1986), intestate. That the applicants Anthony Zammit, married to Amy Theresa Zammit née Attard, public officer, born in Ħ'Attard, Malta, on the 3rd of May, 1974, and resides in Victoria Gozo, identity card number 326274M; Francis Zammit, bachelor, self-employed, born in Victoria, Gozo, on the 6th of September, 1976, and resides in Victoria, Gozo, identity card number 26776G; and Michael George Zammit, married to Josianne Zammit née Vella, employed with Malta Transport Authority, born in Victoria, Gozo, on the 7th of February, 1982, and resides in Victoria, Gozo, identity card number 7882G, sons of the deceased Tarcisio Zammit and Antoinette née Bugeja, they are the heirs ex lege of the decuius. That it is necessary that the succession of the said Tarcisio Zammit should be done in favor of his heirs according to the law and that is to Anthony Zammit, Francis Zammit and Michael George Zammit in the quota of one third (1/3) undivided each of them, the issuance of this ban was ordered to inform anyone involved.

Wherefore, any person who considers having 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.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the fourteenth (14th) of October of the year two thousand and twenty-two (2022) (Application number 119/2022BS) Notary Doctor Josianne Mifsud requested the opening of the succession of Jane Dimech, widow of Tony Dimech, daughter of the late Victor Borg and Rose née Azzopardi, born in Victoria Gozo on the third (3) of May of the year one thousand nine hundred and thirty-eight (1938) and resided in Xagħra, Gozo (identity card number 39438G) and died in Victoria, Gozo, on the eighteenth (18) of December of the year two thousand and twenty-one (2021), intestate. That her husband Tony Dimech died before her (on the 20th of October, 2003) and therefore her three (3) sons and daughters Victor Dimech, driver's license number 044133012, residing at 11, Tulip Court Hillside, Victoria, Australia, 3037; Doreen-Anne Dimech, driver's license number 047770621 and Australian passport number PA8294998, residing at 10, Rothesay Court, Templestowe, Victoria, Australia, 3106; and Steven Dimech, driver's license number 050986215, residing at 22, Graman Way, Taylors Hill, Victoria, Australia, 3037, inherited her. That it is necessary that the succession of the said Jane Dimech should be done in favor of his heirs according to the law and that is to her three (3) children Victor Dimech, Doreen-Anne Dimech and Steven Dimech in equal shares between them, the issuance of this ban was ordered to inform anyone involved.

Wherefore, any person who considers having 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.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 14th October, 2022, in the acts of the Sworn Application number 415/2022AJD, which was presented on 20th May, 2022, in the names Cassar Francis vs Vella Ismeria Nikolina, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, inter alia: To order the respondent to pay the Claimant the sum of seventy-eight thousand and three euro (€78,0003.00). With costs, and with interest against the respondent, who is now summoned so that reference to her evidence be made.

The Sworn Application in the names mentioned above is adjourned to 11th November, 2022, at 9.35 a.m.

Notification Respondent: Vella Ismeria Nikolina 35, Sunlight Court Apt 6, Triq Ħadd in-Nies, Ħaż-Żabbar

Register of the Superior Courts, today 26th October, 2022

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

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 18th October, 2022, on the application of HSBC Bank Malta plc (C3177), Tuesday, 21st March, 2023, at half past eleven in the morning (11:30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

Apartment internally marked number three (3), forming part of block number eighty seven (87) and named 'Lola Flats', in Triq il-Qaliet corner with Triq Vajrita, Marsaskala, situated on the first floor level underlying an apartment of third party property and overlying a maisonette of third party property, including the third (1/3) undivided share of the common parts from the entrance and front door till the roof door with the other apartments in the same block, accessible form a common entrance that abuts in Triq il-Qaliet, with common drains and drainage system with the other flats in the same block, exempt from any payment of ground rent, with all its rights and appurtenances, bounded south with Triq il-Qaliet, west with Triq il-Vajrita and from all other boundaries with third party property, as better described in the contract dated twenty second June, two thousand and six (22.6.2006) in the acts of Notary Dr Fiona Armeni and valued at one hundred and fifty one thousand euro (€151,000).

The said tenement is the property of Sarè Joseph (ID 366172M) and Sarè Nadiya (ID 27163A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 25th February, 2022, Application number 169/2022RGM, in the records of the Schedules of Deposit numbers 1313/2021, 1622/2021 and 1781/2021 which was presented on 11th February, 2022, in the names Bianco Carmelo sive Charles noe vs Apap Andrea et the following publication was ordered, pursuant to Article 416(1) et sequitur of Cap. 12. The applicant asked this Honorable Court to, among others: Orders that proceedings be initiated for the ranking of claims, in terms of Article 416 of the Code of Organisation and Civil Procedure (Cap. 12), on the deposits made through the Schedules of Deposit mentioned above. Moreover, anyone who may have an interest must bring forward their rights within one month from the date of publication. Accordingly, anyone who may have an interest must bring forward their rights within one month from the date of publication.

The hearing in the names mentioned above is adjourned to the 25th October, 2022, at 11.20 a.m.

Register of the Superior Courts, today 27th October, 2022

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

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on 6th October, 2022, in the acts of Constitutional Application number 395/2022GM, which was presented on 25th July, 2022, in the names Demicoli Luciano sive Lucio et vs State Attorney et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondent State Attorney to pay the same compensation and liquidated damages under the terms of the Law, with legal interest from the date of the filing of the current application until the date of effective payment. With the costs and against the respondents who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed 25th October, 2022, at 9.30 a.m.

Notification Respondent: Caruana Anthony and Caruana Joseph, 31, Triq il-Parroċċa, Ħal Luqa

Register of the Superior Courts, today 27th October, 2022

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 25th October, 2022, and upon an application numbered 917/2022, ordered:

The Director of the Public Registry to make the necessary corrections or annotations so that it appears that the name 'Marvic' wherever it appears in the Act of Marriage bearing number 155 of the year 2005 is canceled and substituted by correct name 'Marvik'.

Court of Revision of Notarial Acts, today Thursday, 27th October, 2022

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 25th October, 2022, and upon an application numbered 503/2022, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Matthew John Farrugia in the Malta Public Registry, he makes the necessary corrections or annotations so that instead of 'Redman' the surname of Matthew John Farrugia should appear as 'Farrugia'.

Court of Revision of Notarial Acts, today, Thursday, 25th October, 2022

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Nicole Scifo (ID 200802L) filed an application under oath (numru 22/21 AL) demanding corrections of the Act of Birth of the minor Louie Alexandre Scifo Progressive number 5192/2020 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Marilyn Bugeja

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 25th October, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 23rd February, 2023, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement number thirty (30) named Massabielle previously named Mount Tabor, in Pjazza Kappillan Muscat, Hamrun, partially overlying third party property, free and unencumbered with all its rights and appurtenances, as better described in the acts of Notary Anthony Spiteri Debono dated twentieth February, two thousand and six (20.2.2006) by which the property was acquired through a donation from Josephine Theuma and valued at two hundred and ninety five thousand euro (€295,000).

The said tenement is the property of Borg Eman (ID 252980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 21st October, 2022, on the application of Zammit George (ID 389461M) et, Thursday, 30th March, 2023 at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

a) The property 'Our Dream', Triq ir-Rundun, Mosta, bounded southwest with the said street, northwest with property of George and Doris spouses Attard or their successors in title, and southeast with property of George and Carmen spouses Mifsud or their successors in title, including its own airspace and its sub terrain, with all its rights and appurtenances, free and unencumbered from groundrents and burdens and valued at six hundred and twenty five thousand euro (€625,000).

b) The apartment number seven (7) on the first floor level, forming part of a block of ten (10) residencies named Salvatore Court, Triq l-Għannejja, Birżebbuġa, bounding the entire block which is built on plots number 84 and 85 from the territory known as Tal-Qajjenza, from northeast with the said street, and from all other boundaries with property of the successors in title of Saint Nicholas Contractors Company Limited, free and unencumbered, with all the rights and appurtenances, with the right of use of the roof, and with the rights and or servitudes resulting from its position in the block which it forms part of and is valued at one hundred and forty eight thousand euro (€148,000).

The said tenement is the property of Zammit Alfred (ID 474862M) and Zammit Antoinette (ID 26066M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 65/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Inferior Jurisdiction) on 1st June, 2022, in the records of Appeal Application 42/21 in the names Simonds Farsons Cisk plc (C113) vs Tapaz Malta Ltd (C79769) and Christopher McKay (ID 32891M) the following publication was ordered to serve as a notification against the said Tapaz Malta Ltd and Christopher McKay pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

In virtue of the Appeal Application number 42/21 by the company Simonds Farsons Cisk plc (C113) filed on 26th April, 2022, the said company declared that it felt aggrieved by the appealed judgment and lodged an appeal with its grievances being clear in that the Small Claims Tribunal, in its evaluation of the ascertained facts, came to an opposite conclusion to what these same facts dictated that the proper conclusion should be.

The first ground of appeal is that the Small Claims Tribunal, while accepting that part of the claim, and confirming that the amount is due, from one of the debtors, Tapaz Malta Limited, rejected that part of the claim where this amount was claimed as being owed jointly and severally by the debtor Christopher McKay. The second ground of appeal is that this Tribunal was, with respect, wrong when it based part of its decision on the fact that Christopher McKay had not affixed his signature as as surety. In the third ground of appeal the appellant company complains, inter alia that the Small Claims Tribunal departed from the principle well established in Maltese jurisprudence that any private writing between two parties regarding a debt in solidum that they must pay to third parties shall not cancel and revoke any obligation of the debtors in solidum of a payment arising from previous agreements between them.

Therefore, the exponent respectfully requests that this Honourable Court upholds this Appeal by varying the appealed judgment by condemning the two defendant debtors, Tapaz Malta Limited and Christopher McKay, as debtors in solidum, of the entire sum requested in the claim to the Tribunal for Small Claims, with the costs of the two instances against them, and with legal interests, as due according to the law until the effective date of payment.

Appeal Application number 42/21 in the names Simonds Farsons Cisk plc vs Tapaz Malta Ltd and Christopher McKay has been deferred to the 2nd November, 2022. 

Notification: Christopher McKay, 19, Triq il-Farfett, Marsa

Tapaz Malta Limited, 1962, Pendergardens, Triq Ivo Muscat Azzopardi, St Julian's

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals