Court Notices published in Government Gazette No. 21,162 of 7th December 2023
Notice 2464
2464Banns for Curators
Republic of Malta
To the Executive Officer of the Court of Magistrates (Gozo)
It is hereby notified that by a decree given on the 23rd of November, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.
By a decree given on the 23rd of November, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the annual and perpetual ground rent of the property described below and this in the records of schedule of deposit and redemption of ground rent bearing number 369/2023 in names Marianne Sagona et vs Deputy Curators to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was filed on the 10th of October, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.
The immovable object of this schedule of deposit is:
The apartment internally marked with the number one (1) at first floor level, including an undivided third (1/3) of the airspace above the block of building of which the property forms part, belonging to the applicant Marianne Sagona; the apartment on the third floor level, internally marked with the number three (3), belonging to the applicant Margaret Cauchi, which apartments form part of the block of building without number and denominated ‘Pleasant Flats’, at other times denominated as ‘Sunset Flats’, in Triq il-Qbajjar, Marsalforn, Żebbuġ, Gozo, as shown on the plans and site-plan attached to the schedule of deposit.
That the said apartments were built on a portion of land known as ‘Tal-Għerejjex’, which was bordered from the north by the road, from the west by property of Paul Cremona and from the east by property of Salvu Said, and which is subject to the annual and perpetual ground rent of the equivalent today of thirty-six euro cents (€0.36c), which the applicants want to redeem in terms of article 1501 of the Civil Code, and are therefore depositing the amount of seven euro and twenty cents (€7.20c) which represents the annual interest rate capitalized at 5%, and which sum may be withdrawn by the respondents after tendering relative receipt according to law.
You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to be nominated as a curator to appear within a period of six (6) days in this Registry and file a note declaring that he so wishes.
You are also ordered to inform each and every one that if they do not file this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.
Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)
Notice 2465
2465Banns for Curators
Republic of Malta
To the Executive Officer of the Court of Magistrates (Gozo)
It is hereby notified that by a decree given on the 22nd of November, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.
By a decree given on the 23rd of November, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the annual and perpetual ground rent of the property described below and this in the records of schedule of deposit and redemption of ground rent bearing number 176/2023 in names Skyline Projects Limited (C 84944) vs Deputy Curators to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was presented on the 5th of July, 2023, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent acts.
The immovable object of this schedule of deposit is:
A portion of land called ‘Ta’ Taħt Sant’ Eilju’ in the limits of Għajnsielem, Gozo, measuring 2,484m2, bordering from the east with a passage, south and west with the property of the Zerafa heirs, or more correct boundaries, subject to €2.33c annual and perpetual ground rent, as shown on a plan attached to the schedule of deposit, which ground rent the applicant company wishes to redeem in terms of article 1501 of the Civil Code, and is therefore depositing the amount of €46.60c which represents the ground rent rate capitalized at 5%, together with €11.65c arrears of ground rent, and which sum can be withdrawn by the respondents after tendering due receipt.
You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to be nominated as a curator to appear within a period of six (6) days in this Registry and file a note declaring that he so wishes.
You are also ordered to inform each and every one that if they do not file this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.
Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the aforementioned Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)
Notice 2466
2466By decree given by the Civil Court, First Hall, on the 25th July, 2023, on the application of Zammit Caruana Francesca (ID 592462M), Tuesday, 16th January, 2024, 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 Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Penthouse including its airspace, internally marked number five (5) forming part of a block known by the letter B (B5), known by the name ‘The President’, fi Triq Birbal, Ħal Balzan, which enjoys the use of the common areas and the use of the lift, and which is presently leased, overlying a complex of garages at basement, semi basement maisonette and three apartments belonging to third parties, built on the site previously occupied by a semi detached villa numbered eighty three (83) previously numbered forty four (44), and which was named Villa Aida, bounded entirely from southwest with the said street, northwest with property of the successors in title of Family Pace and southeast with property of families Grech and Debono, as well as the adjacent garage with the same villa with number eighty one (81), in Triq Birbal and which is bounded southwest with the said street from which it was accessible, southeast with the said villa and northwest with property of the successors in title of family Pace, with all its rights and appurtenances according to the contract in the acts of Notary Dr Carmel Martinelli published on the thirtieth of May, of the year two thousand and five (30.5.2005), and is valued at five hundred and fifteen thousand euro (€515,000).
The said tenement is the property of Caruana John (ID 96959M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 34/2023.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 2467
2467By decree given by the Civil Court, First Hall, on the 30th October, 2023, on the application of Zammit Leasing and Investments Limited previously J. Zammit Limited (C37945), Wednesday, 31st January 2024 at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction to be held at J & J Boat Yard, Number 55, Limits of Ta’ Għadmija, Mqabba, of the following vehicle seized from the property of Aquilina Joanne (ID 183378M).
The vehicle of the make Isuzu D-Max with registration number GCA 039.
N.B The said vehicle will be sold as described in the acts of judicial sale file number 16/23.
GAETANA AQUILINA
For the Registrar of Civil Courts and Tribunals
Notice 2468
2468By a decree of the 23rd November, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
That by the application filed by Vodafone Malta Limited (C10865) on the 10th January, 2023 is asking for the withdrawal of the amount of one thousand, seven hundred and thirty two euro and six cents (€1,732.06) deposited by the Schedule of Deposit number 4371/2022 in the names of:
Vodafone Malta Limited Today Epic Communications Limited (C 10865) vs Sarah Darmanin (ID 282487M).
The Court ordered the notification to the respondent with two (2) days to file a reply.
GAETANA AQUILINA
For Registrar of Courts and Civil Tribunals
Notice 2469
2469By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th May, 2023, Application number 870/2023, by Pauline Aquilina et whereby they requested that it be declared open in favour of Emmanuel Zammit, John Zammit and Calcedonio Zammit, brothers of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Carmelo Zammit, Rosemary Agius, Grace Cutajar, Josephine Bugeja, Pauline Aquilina and Maria Woodward in the quota of one fourth (1/4) undivided share between them the succession of Maria Assunta Zammit, unmarried, daughter of the late Antonio Zammit and Maria Rosa Zammit nee Pisani, born in Siġġiewi, Malta, resided in Siġġiewi, Malta and died in San Giljan, Malta on the 8th July 1995 aged 83 and who held identity card number 0443811(M).
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
Notice 2470
2470By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th November, 2023, Application number 1884/2023, by Anthony Mifsud whereby he requested that it be declared open in favour of Anthony Mifsud the succession of Carmel Mifsud, son of the late Saviour Mifsud and Carmela Mifsud née Bartolo, born in Pietà, resided in Mellieħa and died in Imsida, Malta on the 23rd August 2023 aged 68 and who held identity card number 0266255(M).
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
Notice 2471
2471By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th November, 2023, Application number 1862/2023, by Manuel Grima whereby he requested that it be declared open in favour of Lazzrus Grima, Manuel Grima, Carmelo Grima, Joseph Grima and Nazzarena Vella in the quota of one fifth (1/5) undivided share each one of them the succession of John Mary sive Gamri Grima, bachelor, son of the late Indri Grima and Katerina née Muscat, born in Imġarr, Malta, resided in Imġarr, Malta and died in Imsida on the 21st August 2023 aged 79 and who held identity card number 625243(M).
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
Notice 2472
2472By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd November, 2023, Application number 1850/2023, by Pacifico Galea et whereby they requested that it be declared open in favour of Pacifico Galea, husband 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 Joshua Galea son of the decujus the succession of Marlene Galea, wife of Pacifico Galea, daughter of the late Spiridione Calleja and Maryanne Calleja née Fenech, born in Birkirkara, Malta, resided in ĦʼAttard, Malta and died in Imsida, Malta on the 7th January 2023 aged 56 and who held identity card number 387066(M).
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
Notice 2473
2473By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th November, 2023, Application number 1874/2023, by Anna Caruana née Haig et whereby they requested that it be declared open in favour of Anne Caruana née Haig in the quota of one half (1/2) undivided share and in favour of Diane Farrugia Simmonds née Caruana and Catherine Caruana née Caruana in the quota of one fourth (1/4) undivided share each one of them the succession of Anrthony Caruana, husband of Anne Caruana née Haig, son of the late Carmel sive Charles Caruana and Mary Caruana née Zahra, born in Gżira, Malta, resided in Imsida, Malta and died in Imsida, Malta on the 19th April 2012 aged 54 and who held identity card number 68958(M).
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
Notice 2474
2474By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th November, 2023, Application number 1858/2023, by Mark Richard Raymond sive Mark Azzopardi et whereby they requested that it be declared open in favour of Mark Richard Raymond sive Mark Azzopardi, Robert Azzopardi and Dorianne Falzon in the quota of one third (1/3) undivided share each one of them the succession of Carmelo sive Charles Azzopardi, widower of Carmela Azzopardi née Borg, son of the late Anthony Azzopardi and Luigia Azzopardi née Falzon, born in Ħal Lija, Malta, resided in Mosta, Malta and died in Imsida on the 6th January 2023 aged 77 and who held identity card number 730145(M).
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
Notice 2475
2475By means of a decree of the 21st November, 2023, handed down by the Juvenile Court in the records of the application number 28/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Donna Pace et, the following publication was ordered for the purpose of effecting service on the respondent Charles Borg in terms of Article 187(3) et seq of Cap. 12.
By means of an application in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Donna Pace and Charles Borg filed in the Juvenile Court, on the 31st October 2023, the applicant Directorate for Child Protection and the Directorate for Alternative Care (Children and Youths) requested this Honourable Court so that it varies the order given on the 6th October 2023 regarding the access of the minor ommiss and the mother as this Honourable Court deems fit and opportune in the circumstances.
Applicant: 220 Cannon Road, Santa Venera.
Notification Charles Borg – 19, Triq il-Lvant, Valletta.
In the Juvenile Court
Magistrate - Dr Abigail Critien B.A., Trib Eccl, Melit, LL.M. (Family Law) (London), LL.D.
The Court,
Saw the application of the Direcotorate for Child Protection within the Foundation of Social Welfare Services of the 31st October 2023;
Order the notification of the same application to Donna Pace, Charles Borg and the Children Advocate Dr Sandra Sladden with 2 days to file a reply.
The application in the names Dirctorate for Child Protection within the Foundation of Social Welfare Services et vs Donna Pace et (application number 28/2023AC) has been postoned for hearing to the 12th January 2024 at 12.30p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2476
2476By means of a decree of the 7th November 2023 of the Rent Regulation Board, in the records of the Application in the names Mark Sciberras vs Massimo Trapani et, Application Number 1180/2022/1/JM, the following publication was ordered for the purpose of effecting service on the respondent Mark Sciberras in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)
By means of an application in the names Mark Sciberras (ID 465185M), vs Massimo Trapani (KI 103760M) u Giuseppe Trapani (ID 103757A) filed before the First Hall of the Civil Court and by means of a decree of the 1st February 2023 the records then were sent to the Rent Regulation Board , on the 16th December 2022 the applicants Massimo Trapani (ID 103760A) and Giuseppe Trapani (ID 103760A) and Giuseppe Trapani (ID 103757A) requested this Honourable Board so that:
1. 1. To hear and decide this application in terms of Article 836 (4) of Chapter 12 of the Laws of Malta.
2. Revoke the precautionary Garnishee order number 1288/2022 in terms of Article 836 (1) (b) and/or (d) and/or (f), of Chapter 12 of the Laws of Malta;
3. Condemn and fix penalties on the creditor in terms of Article 836 (8) of Chapter 12 of the Laws of Malta.
4. As a consequence of the third request, order the creditor to pay the penalties thus fixed to the applicant.
With costs of this procedure against the creditor.
Notification: 43, Flat 1, San Antonio Flats, Dolmen Street, Marsascala,
In the Rent Regulation Board
Magistrate: Dr Joseph Mifsud
The Board,
Saw the application,
Saw the decision of the First Hall of the Civil Courts;
Order the notification to Mark Sciberras with one week to file a reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2477
2477By means of a decree of the 26th July 2023 of the Courts of Magistrates (Malta) in the records of judicial letter number 64/2023, in the names Elmo Insurance Limited vs Martin Neville Cascun et, the following publication was ordered for the purpose of effecting service on the respondent Giuseppe Grillo in terms of Article 187(3) of Chapter 12 et seq.
In the Courts of Magistrates (Malta)
To Martin Neville Cascun
Giuseppe Grillo (ID 0296040A) of Rose, Flat 35, Triq is-Sajf, San Pawl il-Baħar.
By the present Elmo Insurance Limited (C 3500) of Triq Abate Rigord, Taʼ Xbiex, makes reference to the accident that occured on the 24th November 2021 in Triq San Pawl, San Pawl il-Baħar, whilst you Giuseppe Grillo was driving the vehicle with registration number KAB 098 property of Martin Neville Cascun, and was involved in a collision with the vehicle with registration number CBO 243, third party property.
For all intents and purposes of law, the interpellant company informs you that you did not claim with it after this incident occurred as you were obliged to do according to the relative insurance policy. Thus you have breached your obligations in terms of the same policy and therefore you have to make good towards the interpellant company for your contractual default.
This premised, the interpellant company warns you from now that if the third party who suffered damages in the said car accident institutes judicial procedures against you, or from you, and warns the same interpellant company as provided in Chapter 104 of the Laws of Malta that such procedures were instituted, which notice has the effect that it is obliged according to law to pay the applicant damages, interest, judicial expenses and VAT according to a judgement decided against you, or by you, which judgement has passed on to you, then she shall secure full refund from you in solidum between you of the same damages, interest, judicial expenses and VAT, together with the excess payment according to the relative insurance policy.
So much so that you may know how to regulate yourselves.
With costs and legal interest.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2478
2478By means of a decree of the 9th August 2023 of the Civil Court First Hall in the records of judicial letter number 2332/2023, in the names Dr Marlon Borg noe vs Maxent Limited, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) et seq of Chapter 12.
In the First Hall of the Civil Court
Maxent Limited (C 47261)
JPR Buildings, Level 2, Triq Taz-Zwejt,
San Ġwann Industrial Estate,
San Ġwann
By means of the present, lawyer Dr Marlon Borg, holder of identity card number 304189M, as the special mandatory of Alexander Rupp, holder of Austrian passport number U5267151, resident at Wiener Straße 36/79, 2100 Korneuburg, Austria (a copy of the power of attorney is being herewith attached and marked as ʼDok Aʼ) is formally notifying you in terms of article 43(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) with the following documents:
An authenticated copy of the European Payment Order obtained against you from the Court of Bezirksgericht fur Handelssachen Wien on the 7th October 2022 in the German language, together with a relative translation in the Maltese language (a copy of which is being herewith attached and marked as ʼDok Bʼ);
An authenticated copy of the European Payment Order above-mentioned in the English language (a copy of which is being herewith attached and marked as ʼDok Cʼ);
Therefore, the sender nomine hereby calls upon you to, by not later than two (2) days from service of this judicial letter, effect payment in the total sum of four thousand, six hundred, thirty two Euro five cents (€4,632.05), representative of the sum of three thousand, eight hundred, thirty four Euro nine cents (€3,834.09) the amount due in terms of the European Payment Order above-mentioned, the sum of seven hundred, ninety seven Euro ninety six cents (€797.96) judicial and legal costs, together with interests at the rate of four percent (4%) every year from the 15th of September 2022, which at the date of filing and thus 2nd June 2023 amounts to the sum of one hundred and nine Euro sixty seven cents (€109.67), which shall continue to accrue until the date of effective payment.
In the event that you remain in default following the expiration of the above stipulated period, the sender nomine shall not have any other alternative but to proceed against you according to law, including by issuing the executive warrants against you available at law.
So that you are notified for all intents and purposes at law.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2479
2479By means of a decree of the 15th November 2023 of the Civil Court First Hall in the records of judicial letter number 3733/2023, in the names Dr Christopher Chircop et noe vs Sara Blasina noe, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) et seq of Chapter 12.
In the First Hall of the Civil Court
To Sara Blasina as special mandator of SCI Tower 98 of 28, Shalom, Triq il-Ġifen, Marsaxlokk
By means of the present, lawyer Dr Christopher Chircop (ID 197289M) and Legal Procurator Hilda Ellul Mercer as deputy curators by means of a decree dated 13th March 2018 were appointed as deputy curators to represent Xini Holdings Limited in the case SCI Tower 98 vs Luisa Pedroni et, sworn application number 551/2018MH, decided on the 4th November 2022, as per article 889 of Chapter 12 of the Laws of Malta and article 2128 of Chapter 16 of the Laws of Malta, the plaintiffs call upon you so that within a week you pay them the sum of €7,186.83 (inclusive of VAT) due to them according to law as per the attached official tax marked as Doc A.
Should you remain in default in the above stated period, plaintiffs will have no alternative but to request the issuance of the necessary warrants for the execution of payment according to law.
May be guided accordingly.
With costs and interest according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2480
2480By means of a decree of the 17th November 2023, in the records of the judicial letter number 1442/2020, in the names Finance House plc vs Domenic Benjamin Leonard Peter, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Chapter 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Domenic Benjamin Leonard Peter (ID 216893M) of 38, Taʼ Kelin Court, Block B, Flat 12, Triq Pietru Xuereb, il-Pietà on the 29th July 2020, Finance House plc (C58869) of Aries House, Level, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 20 till 29, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 15th day of the month and that is between the 15th September 2019 and 15th June 2020 respectively, and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €1,370.10 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.
The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Chapter 12 of the Laws of Malta.
For all the effects and purposes of law, you are warned that in terms of article 253(e) of Chapter 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.
So much so may know how to proceed and regulate yourself.
With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.
This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Chapter 12 of the Laws of Malta.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2481
2481By means of a decree of the 6th September 2023 of the Civil Court First Hall in the records of judicial letter number 1985/2023, in the names Commissioner for Revenue vs Anthony Lia et noe, the following publication for the purpose of service on the respondent Anthony Lia was ordered in terms of Article 187 (3) et seq of Chapter 12.
In the First Hall of the Civil Court
To Anthony Lia (ID 0352678M) and Anthony Lia (ID 0476550M) in your own names and as directors for and on behalf of the company Liaco Limited (C9805) .
By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €246,528.00 representing amount due by you pro et noe as Value Added Tax according to the same Act .
With costs and interest according to the said Act till the date of effective payment.
This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.
In default, the interpellants inform you that they shall pass to execute the said executive title they have against you pro et noe by means of the opportune warrants without further notice.
So much so that you may know how to regulate yourselves and to proceed.
Notification: Anthony Lia – 18, Mardor, Triq l-Imdina, Ħal Balzan
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2482
2482Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court, on the 2nd November 2023, following a request of O.A. Investments Limited it was ordered that deputy curators be chosen to represent the respondent company Feriana Estates Limited, in the records of the Sworn Application 680/2023TA, in the names O.A. Investments Limited vs Feriana Estates Limited and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names O.A. Investments Limited (C-9270) vs deputy curators to represent the company Feriana Estates Limited (C-217), on the 28th June 2023 the applicant O.A. Investments Limited requested with respect this Honourable Court to:
1. Decide according to the demands without proceeding to trial in terms of Article 167 et sequitur of Chapter 12 of the Laws of Malta;
2. Condemn the respondent company to pay the plaintiff company the sum of €97,995.04 representing arrears of groundrent and subgroundrent due as above mentioned.
With costs and legal interest till the date of effective payment against the respondent company, summoned so that a reference to its evidence be made.
The case in the names O.A. Investments Limited vs Feriana Estates Limited Application number 680/2023TA is put off to the 9th January 2024 at 9.30a.m.
Applicants – O.A. Investments Limited, Blue Harbour Drake Residence, Apt D, Ta; Xbiex Seafront, Taʼ Xbiex.
Notification: Deputy curators – Law Courts
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 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 Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Toni Abela, LL.D. , Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2483
2483By a decree of the Small Claims Tribunal of the 14th June, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Bryan Julius Alonzo Banaag in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
Alexander Azzopardi (ID 0433084M) for and on behalf of Agribrands Limited (C98314) of 437, Triq l-Imdina, Qormi, filed a Claim on the 22nd March 2023, whereby they asked the Tribunal to condemn Bryan Julius Alonzo Banaag (ID 0348503A) of 35,f Port Marine, Triq it-Tabib Robert Naudi, to pay the plaintiffs the sum of €2,345.00 which amount is due to the plaintiffs.
With interests.
The case (Claim number 94/2023IS) is deferred on the 5th December, 2023, at 1.00p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2484
2484By means of a decree of the 20th February 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3272/2022 in the names Automated Revenue Management Services Limited noe vs Adrian Agius the following publication was ordered for the purpose of effecting service on the respondent Adrian Agius in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Adrian Agius (ID 328078M) of 111, Farkas, Triq in-Ninfa Calypso, Mellieħa.
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 €3,505.71 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 and the water supply regulations together with interest due on the amount according to law regarding utility bills number 411000047609 regarding the premises 7, Anthony Kioski, Triq il-Bajja taʼ SantʼInjazju, San Pawl il-Baħar.
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
Notice 2485
2485By means of a decree of the 25th October 2023 of the Civil Court First Hall in the records of judicial letter number 3159/2023, in the names VBL plc vs Valletta Football Club, the following publication was ordered for the purpose of effecting service on the respondent Valletta Football Club in terms of Article 187(3) of Chapter 12.
In the First Hall of the Civil Court
To Valletta Football Club (VO2014) of 126, Triq Santa Lucija, Valletta.
By the present, VBL plc of 54, Triq Marsamxett, Valletta, refers to the agreement between the parties dated 14th June 2021 whereby amongst other stipulations, the interpellant company had lent you the sum of €100,000.
That by virtue of clause 7 of the said agreement the interpellant company had reserved in its favour the right which, in its absolute discretion, requires you to provide guarantees for the observance of the obligations assumed by you in the said agreement, including the sum above indicated, which guarantees could amongst others include a general hypothec on all your present and future property.
Thus the interpellant company is formally soliciting you so that within five working days from the date of service of this judicial letter, you come forward for the publication of a notarial deed by means of which a general hypothec is constituted and registered on all your present and future property and this as a guarantee of payment of the sum of €100,000 together with the relative interest, lent to you by means of the agreement dated 14th June 2021.
In default of complying with this letter the interpellant company will proceed further against you without further notice.
With costs and interest and saving any further action due to the interpellant company.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2486
2486By means of a decree of the 2nd November 2023 of the Rent Regulation Board, in the records of the Application in the names Emanuel Mangion vs Josephine Farrugia et, Application Number 335/2023JM, the following publication was ordered for the purpose of effecting service on the respondent Josephine Farrugia in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)
By means of an application in the names Emanuel Mangion (ID 0301262M) vs Josephine Farrugia (ID 0399650M) and Housing Authority filed before the Rent Regulation Board, on the 9th June 2023, the applicant Emanuel Mangion (ID 0301262M) requested this Honourable Board to:
1. Declare and decide that the respondent Josephine Farrugia is the lessee of the applicant in the premises 43, Triq il-Mitħna, Żurrieq, and qualifies as lessee of the house on the basis of this definition in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021 and thus is entitled to continue occupying the house in terms of Article 2 of the same Ordinance.
2. Order that the means test of the respondent be carried out, which shall be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria), issued under Article 1622A of the Civil Code;
3. Order a revision in the rent and declare that the rent of the premises above mentioned is to be revised to an amount not exceeding 2% per annum of the free and open market value of the premises above mentioned, and to establish new conditions on the lease if the case may be;
4. Order and condemn the respondent to start paying such increased rent in terms of Act XXIV of 2021 with effect from the date of filing of the present application;
5. Order in case the respondent does not satisfy the criteria of the means test, her eviction from the premises in question within a short and peremptory time established by this Board and by not later than two years.
With costs and with the injunction of the respondents so that a reference to her oath be made, and without prejudice to any other action that may be filed.
Applicant: Emanuel Mangion – Lotus, Fl 12, Triq il-Kuncizzjoni, Żurrieq.
Respondent: Josephine Farrugia, 43, Triq il-Mitħna, Żurrieq
Housing Authority
The application in the names Emanuel Mangion vs Josephine Farrugia et, Application Number 335/2023JM has been postponed for hearing to the 9th January 2024 at 9.45a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2487
2487By means of a decree of the 25th October 2023 of the Civil Court First Hall in the records of judicial letter number 2033/2023, in the names Anton Camilleri noe vs Anna Vella et, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) et seq of Chapter 12 in regard of the respondents Anna Vella, Paolo Bonavia, Marianna Vella, Marianna sive Anna Vella, Maria Angela Vella, Giovanni Vella, Josephine Cini and Paul Vella.
In the First Hall of the Civil Court
To Anna Vella, Paolo Bonavaia, Marianna Vella, Marianna sive Anna Vella, Maria Angela Vella, Giovanni Vella, Josephine Cini, Mario Vella, Dionysius sive Dennis Vella, Evelyn Callus, John Mary Vella, Salvino Vella, Carmel Vella and Paul Vella
By means of the present, Anton Camilleri for and on behalf of AME Limited (C10687) today known as Caman Properties Limited, refers to the judgment decided by the Superior Court of Appeal in the names “Anton Camilleri noe vs Carmel sive Charles Camilleri (Sworn App Number 641/95/4FDP) on the 29th March 2022 where that court found that Grazio Vella, the predecessor of the respondents Paolo Bonavia and Marianna Vella, failed to act in good faith when in his own name and on behalf of his brothers and sisters the respondent Anna and the deceased Franġisku and Maddalena brothers and sisters Vella, of whom the respondents are their heirs with the exception of the respondents Paolo Bonavia and Marianna Vella who are heirs, both of the late Grazio Vella and of the late Franġisku Vella, appeared to publish the public deed before Notary Charles Mangion on the 31st March 1995 by means of which the late Grazio Vella on behalf of the above mentioned sold to Carmel sive Charles Camilleri one half undivided share of the same divided portion of building land in Madliena, and which earlier on the same day of the 31st March 1995 the deceased Grazio Vella in his own name and in the name of his siblings the deceased Franġisku and Maddalena and the respondent Anna Vella bound himself inter alia to assign in exchange the interpellant by means of a private writing made before Notary Pierre Cassar.
In that judgment, in fact the Superior Court of Appeal established in paragraph 33 of the same that “… the Court considers that Grazio Vellaʼs good faith is absent when it considered the elements”.
Furthermore, as also results from the same judgment of the Superior Court of Appeal, due to the fact that by means of the said public deed only one half undivided share of the said property was transferred to Carmel sive Charles Camilleri, the execution of the preliminary agreement entered into with the interpellant was rendered impossible after the Court considered that “this Court does not see how the Court of First Instance could order the transfer of one half (1/2) undivided share to the plaintiff nomine in terms of the preliminary agreement when the price of such same half (1/2) consists of the development of all the land on the part of the same plaintiff nomine, a development which according to the contract with the defendant Carmel sive Charles Camilleri.. had to be executed by the same defendant”.
For this, you are to reply and are thus being solicited so that within one week from the service of this judicial letter you appear for the liquidation and payment of damages suffered by the interpellant as a consequence of the fraudulent action you committed and as confirmed by a definitive judicial pronouncement.
You are warned that if you fail to abide within the time given to you, the interpellant shall proceed further against you by all the means given to him by law and this without further notice.
So much so that you may know how to regulate your position.
Anna Vella of 134, Main Street, Naxxar.
Paolo Bonavia of 101, Helios, Triq Leli Falzon, Naxxar
Marianna Vella of 101, Helios, Triq Leli Falzon, Naxxar
Marianna sive Anna Vella of 101 Helios, Triq Leli Falzon, Naxxar
Maria Angela Vella of 134, Main Street, Naxxar
Giovanni Vella of 134, Main Street, Naxxar
Josephine Cini of 5, Jeannesse, Triq il-Gellewz, Naxxar
Paul Vella of 28, Triq il-Markiz Giuseppe Scicluna, Naxxar.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2488
2488By decree given by the Civil Court, First Hall on the 01st December, 2023 on the application of Bank of Valletta plc (C2833), Tuesday, 07th May, 2024 at eleven in the morning (11:00 am), has been fixed for the Sale by Auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.
The garage internally marked number six (6), without its airspace and which garage is situated in a common drive in that abuts onto Triq in-Nigret, Żurrieq, situated at basement level with an area of which is higher than the street level where one finds a small window that permits natural light and ventilation in the garage and is a corner garage with access from a common ramp that abuts onto Triq in-Nigret and from the other side sides with Triq Isouard Xuereb, with a superficial measurement of circa 21sqm and is of an irregular shape. This garage enjoys the right of perpetual and non interrupted use together with the other garages owners in the same complex of the common ramp and drive in from where the garage is accessible, free and unencumbered, with all its rights and appurtenances, and which garage is bounded North West with Triq in-Nigret, South West with Triq Isouard Xuereb, South East with the drive way at basement level that gives access to this garage and other properties and North East with another garage of third parties, as described in the act dated sixteenth July of the year two thousand and eight (16.07.2008) in the acts of Notary Mary Camilleri Cutajar, and is valued at forty five thousand euro (€45,000).
The said tenement is the property of Callus Christian (ID 499783M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 22/2023.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 2489
2489By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th May, 2023, Application number 1612/2023, by Josette Cutajar et whereby they requested that it be declared open in favour of Emmanuel Zammit, John Zammit and Calcedonio Zammit, brothers of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Carmelo Zammit, Rosmary Agius, Grace Cutajar, Josephine Bugeja, Pauline Aquilina and Maria Woodward in the quota of one fourth (1/4) undivided share between them the succession of Maria Assunta Zammit, unmarried, daughter of the late Antonio Zammit and Maria Rosa Zammit née Pisani, born in Siggiewi, Malta, resided in Siggiewi, Malta and died in San Giljan, Malta on the 8th July 1995 aged 83 and who held identity card number 0443811(M).
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
Notice 2490
2490By decree given by the Civil Court, First Hall on the 23rd November, 2023, on the application of BNF Bank plc previously Banif Bank (Malta) plc (C41030), Tuesday, 13th February, 2024, at noon (12.00pm) has been fixed for the sale by auction, to be held in Room number 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.
Maisonette over three floors, with number thirty one (31), including its relative airspace, in Triq Anastasio Cuschieri previously known as Triq Borg il-Gdida, Birkirkara, overlying third party property situated on the groundfloor level and therefore the street level, with access from the stairs from street level, free and unencumbered and is valued at one hundred and sixty thousand euro (€160,000).
Appartment internally marked number twelve (12), situated on the second floor, forming part of a block named Saint Mary Flats, in Triq Andrew Cunningham, Qawra, Saint Paulʼs Bay, accessible from the common area of the block, and has in common with the other apartments in the same block the main door, the entrance hall, the stairs, and the staircase, the passenger lift, the drainage system, and the use of the roof, and this according to the conditions resulting in the contract dated eighteenth November of the year two thousand and two (18.11.2002) in the acts of Notary John Spiteri, bounded South East with the said street, North West with property of George Borg and West with property of Francis Gauci and others, free and unencumbered and is valued at sixty five thousand euro (€65,000).
The said tenement is the property of Entertainments Limted (C25687), and by decree dated 26th May, 2023, the Court upheld the request and the judicial sale was withdrawn in regards to the defendants Grima.
N.B. The said tenement will be sold as described in the acts of judicial sale number 38/2015.
GAETANA AQUILINA
For Registrar Civil Courts and Tribunals
Notice 2491
2491By decree given by the Civil Court, First Hall on the 20th Novembru, 2023, on the application of Bank of Valletta p.l.c. (C 2833), Tuesday, 12th March, 2024 at half past eleven in the morning (11:30 am), has been fixed for the Sale by Auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta of the following property.
The maisonette in semi basement level, marked number twenty four (24), Nush Diom, in Autumn Leaf Court B, in Triq San Injazju taʼ Loyola, previously known as new street in Triq il-Gizwiti, Naxxar, with an area (including the front garden, the internal yard and the back yard) of circa one hundred and seventy five square metre (175sqm), overlying the level of garages of third parties at basement level and underlying third party apartments, as subject to the annual, perpetual and non revisable groundrent of ninety euro (€90) payable yearly in advance, otherwise free and unencumbered, and which enjoys in common with the other properties of the block the drainage system and the rain water drains, subject to the right of access in favour of the other tenements in the block in reasonable hours and after a prior sufficient notice to the owner for maintenance and repair purposes of services passing from the shaft or the balconies, the water tank and common television aerial/satellite reception dish, subject to and enjoys all the servitudes resulting from its position in the block and the original grantors or their successors in title remain enjoying the right to pass new services from the common areas of the block, as well as from the internal shaft and/or the terraces/balconies of the maisonette if the need be, excluding the maisonette airspace and subterrain and the land on which the block is built as the maisonette airspace as well as the overlying airspace of the block is being held by the grantor society or its successors in title, together with its sub terrain and the land on which the block is built which also remain property of the grantor society and is bounded from North West with the said street, South East and North with other property of Camland Limited society or their successors in title or more accurate boundaries, as subect to and enjoys from all the conditions indicated in the contract dated twenty eighth October of the year two thousand and nine (28.10.2009) in the acts of Notary Doctor Reuben Debono and is valued at three hundred and thirty thousand euro (€330,000).
The said tenement is the property of Sciberras Owen (ID 161275M) and Sciberras Oxana (ID 40147A)
N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2021.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 2492
2492By decree given by the Civil Court, First Hall on 30th November, 2023 on the application of Mary Rose Pisani ID613062M, Thursday, 07th March, 2024 at half past ten in the morning (10:30 a.m.), has been fixed for the Sale by Auction to be held at Room number 78, nearby the Archives, Level -1, Courts of Justice, Republic Street, Belt Valletta of the following property.
The apartment number one (1) in the block numbered eighty-five letter A (85A), named ʼBil-Lampaʼ, in Triq il-Hortan, Marsaskala underlying third party property together with the washroom number one (1) on the roof of the same block, included with the apartment there is an undivided share of the common parts together with apartment number two (2) of the same block including the roof and its airspace of the said roof valued at five hundred and twelve thousand euro (€512,000).
and
The garage unnumbered situated at street level, underlying the said block with the number eighty-five letter A (85A), named ʼBil-Lampaʼ, in Triq il-Hortan, Marsaskala valued at two hundred and seventy thousand euro (€275,000).
The said tenements are the property of Anthony Pisani ID673959M and Mary Rose Pisani ID613062M.
N.B. The said tenement will be sold as described in the acts of judicial sales number 63/2022.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 2493
2493It is hereby notified that by virtue of a decree given on the 28th of September 2023 given by the Small Claims Tribunal (sitting in Gozo), in the acts of the notice of claim number 7/2023 in names “Elmo Insurance Limited ( C 3500) versus Joseph Anthony Mark Paul Dimech-Todd,” filed in the Registry of the Gozo Court on the 31st of May 2023, the publication of the extract reproduced below was ordered and this in order to serve as notification with regard the defendant Joseph Anthony Mark Paul Dimech-Todd having his address at “Ta’ Karlu”, Block A, Flat 2, Triq il-Qbajjar, Marsalforn, Żebbuġ, Gozo -- and this in terms of article 187(3 ) of Chapter 12 of the Laws of Malta.
By means of the notice of claim above mentioned, the plaintiff company stated and requested:
The applicant company Elmo Insurance Limited paid in favour of the applicant in the arbitration in names “Janice Xerri versus Joseph Anthony Dimech et” (M6125/2021) the total sum of one thousand, eight hundred and seventy-six euros and two cents (€1,876.02) being damages, interest, legal and judicial costs and VAT as it was forced and obliged to do in terms of Chapter 104 of the Laws of Malta in its capacity of the actual insurer of the vehicle with registration number BBI 992, which vehicle belonged to the respondent Joseph Anthony Mark Paul Dimech-Todd, and which was also being driven by him;
Whereas moreover, since the said judicial proceedings were also instituted against the claimant company Elmo Insurance Limited, the same company incurred legal costs totalling one hundred and seventy euros and forty-three cents (€170.43);
In fact, it happened that, on the 27th of August 2020, the vehicle with registration number BBI 992, owned by the respondent Joseph Anthony Mark Paul Dimech-Todd and insured by the applicant company Elmo Insurance Limited, while it was being driven by him, it was involved in car accident in Triq Fortunato Mizzi, Victoria, Gozo, with vehicle with the registration number DCA 439, owned by a third party;
It happened, however, that the respondent did not have a valid driving license when the said car accident took place. Therefore, he was not covered by the said policy. However, the claimant company Elmo Insurance Limited could not avoid paying the third party once the provisions of Chapter 104 of the Laws of Malta were satisfied, as it actually did;
That through its official letter of the 24th of March 2021, the applicant company Elmo Insurance Limited, inter alia, warned the respondent of all the consequences of his contractual defaults once the provisions of Chapter 104 of the Laws of Malta were met against it;
In view of the foregoing, this Honourable Tribunal has therefore to declare the respondent in default of his contractual obligations and proceed to condemn the same respondent to pay the claimant society the total sum of two thousand, forty-six euros and forty-five cents (€2,046.45) being refund of the payments made by it in its role as the actual insurer as a result of the said car accident.
With the costs, including those of the judicial letter of the 24th of March 2021, and with the legal interest with effect from today until the effective payment date against the respondent who is as of now subpoenaed for his oath.
(signed) Advocate Alessia Zammit McKeon
The case is put off to the 12th of January 2024, and will be called at quarter past noon (12:15 p.m.), in the building of the Gozo Courts, Cathedral Square, Victoria, Gozo.
MARGARET DE BATTISTA
Assistant Registrar
For the Registrar Gozo Courts and Tribunals