Court Notices published in Government Gazette No. 21,183 of 23rd January 2024
Notice 149
149It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 8th of January 2024 (Application number 2/2024) by George Vella et, the opening of the SUCCESSION was requested of Jason Vella, bachelor, son of George Vella and Josephine Vella née Refalo, born in Victoria, Gozo and died in Msida, Malta on the 18th of September 2023 (I.D. 5576G), which opening of succession should be made in favor of George Vella, Josephine Vella, Margaret Vella and Mariella Zammit in an undivided quarter (1/4) quota each, the issue of these bands was ordered to let know everyone who may have an interest therein.
Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.
Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.
DANIEL SACCO
Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)
Notice 150
150By means of a decree issued by the Civil Court, First Hall, on the 15th December, 2023, in the records of Sworn application number 658/2023HM, which was filed on the 22nd June, 2023, in the names: Magri Carmelo et vs Dimech Josephine sive Joyce, the following publication was ordered in terms of Article 187(3) et sequitur of Cap. 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the defendant to pay the plaintiffs the sums so liquidated with interest due. With costs against the defendant who is from now summoned so that a reference to her evidence be made.
The Sworn application in the names mentioned above is postponed to 2nd February, 2024, at 9.00 a.m.
Notify respondent: Dimech Josephine sive Joyce; Our Nest, Triq l-Indipendenza,
Żebbuġ.
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 151
151It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the seventeen (17th) of January of the year 2024 (Decree number 12/2024BS following Application number 125/2023(BS) Gertrude Portelli, spinster, daughter of the late Francis Portelli and Mary née Spiteri, born in Victoria, Gozo, on the fifteen (15th) of May of the year one thousand, nine hundred and eighty-two (1982), and resides in Victoria, Gozo, holder of identity card 17382G, has been confirmed interdicted from all acts of civil life.
Vivienne Portelli, daughter of the late Francis Portelli and Mary née Spiteri, born in Victoria, Gozo, and resides in Victoria, Gozo, holder of identity card 2971G, has been nominated as her curator, by virtue of the said decree.
DANIEL SACCO
For the Registrar, Gozo Courts and Tribunals
Notice 152
152By means of a decree of the 5th January, 2024, handed down by the Juvenile Court in the records of the application number 142/2023AC in the names Directorate for Child Protection within the Foundation of Social Welfare Services et vs Maria Genovese, the following publication was ordered for the purpose of effecting service on the respondent Maria Genovese in terms of Article 187(3) et sequitur of Cap. 12.
By means of an application in the names Directorate for Child Protection and Directorat for Alternative Care (Children and Youths) within the Foundation of Social Welfare Services vs Maria Genovese (ID 486985M) filed in the Juvenile Court, on the 30th November, 2023, the applicant Directorate for Child Protection and Directorate for Alternative Care (Children and Youths) within the Foundation of Social Welfare Services requested this Honourable Court so that:
1. Preliminarily and in terms of Article 18(3), it authorises the minor to continue residing in a liċensed residence and approved by the respective authority and the applicant Director;
2. Preliminarily and in terms of Article 18(3), it entrusts the care and custody of the minor in the hands of the Director of the Directorate Alternative Care (Children and Youths) who has the power to make ordinary and extra ordinary decisions and has the power to delegate the authority to a person/s of trust or person/s who have the role of administering houses for alternative care;
3. Preliminarily and in terms of Article 18(3), that the mother’s access be suspended and stopped immediately and this until the mother indicates her wish to have access with the minor and obliges herself to maintain consistency in such access and if this happens, any contact with the minor has to be regulated by the Directorate Alternative Care (Children and Youths) where the same Directorate shall have the option, after examining the benefit to the minor from such access, to authorise such contact where such Directorate shall also have the authorisation to determine, even pendente lite, the methodology of such contact and to administer supervision or monitoring, whereby the Directorate shall have the option to take decisions reducing, extending, increasing, suspending or terminating access if this would harm the minor;
4. Appoints the present application for a hearing in terms of Article 18(5) of Cap 602 of the Laws of Malta;
5. Appoints a children’s advocate to provide explanations, to provide any information to the minor, to assist and represent the views of the minor before this Honourable Court in terms of article 25 of Cap 602 of the Laws of Malta;
6. Uphold the recommendations, including the issue of the welfare care order for the well-being of the minor, with the intention of permenance and not reintegration of the Directorate for Child Protection as set out in the report attached as Doc. X and make them an integral part of its final decision;
7. Uphold the alternative permanency plan for the minor and make it an integral part of its final decision and this in terms of Article 23 (3) of Cap 602 of the Laws of Malta.
And this under those provisions that this Honourable Court deems necessary and opportune to impose in the circumstances.
With costs
Applicant: Directorate for Child Protection, 220, Triq il-Kanun, Santa Venera
Notification: Maria Genovese, Flat 3, Shalamar Court, Triq il-Fortizza tal-Grazzja, Xgħajra
In the Juvenile Court
Magistrate: Dr Abigail Critien, BA, Trib. Eccl. Melit, LLM (Family Law) (Lond.) LLD
The Court,
Reviewed the application of the Directorate for Child Protection and the Directorate for Alternative Care (Children and Youths) within the Foundation of Social Welfare Services and the requests of today the 30th November, 2023, therein made;
Upholds the first request and in terms of Article 18(3) of Cap. 602 of the Laws of Malta, authorises the minor … omissis … continue residing within a liċensed and approved residence by the respective authority and the applicant Directorate of Child Protection within the Foundation of Social Welfare Services;
Upholds the second request and orders that in terms of Article 18(3) of Cap. 602 of the Laws of Malta, the care and custody of minors … omissis … be entrusted to the Director of the Directorate of Alternative Care (Children and Youths) with this the same Director who has the power to delegate the authority to make ordinary and extraordinary decisions and who has the power to delegate the authority to a person/s of trust or person/s who have the role of administering houses for alternative care;
Uphold the third request and in terms of Article 18 (3) of Cap. 602 of the Laws of Malta, order that the access of the minor with the mother be suspended and stopped immediately and this till the respondent mother indicates the wish to have access with the same minor and oblige herself to maintain consistency in such access. If this happens, any access should then be regulated by the Directorate for Alternative care (Children and Youths). The same Directorate is also being given the faculty that after examining the benefit to the minor from such access, it authorises such contact, even pendente lite and is also given the authorisation to determine even the methodology of the contact and administer the supervision or monitoring. The Directorate is also being given the faculty to take decisions to reduce, extend, increase, suspend or terminate access if this is detrimental to the minor;
Upholds the fourth request and in terms of Article 18(5) of Cap. 602 of the Laws of Malta sets the hearing of the application for the 1st December, 2023, at 10.30 a.m. which is postponed for hearing for the 16th February, 2024, at 10.00 a.m.
Upholds the fifth request and consequently appoints Dr Tatiane Scicluna Cassar as the advocate for minor children, with all the functions and obligations given to her in accordance with Article 25 of Cap. 602 of the Laws of Malta;
Regarding the sixth and seventh requests the Court reserves to decide at the opportune stage and consequently abstains from taking any decisions of the same requests at this stage and this till the evidence is heard before it;
In addition, it orders the Registrar Civil Courts and Tribunals so that by means of a note in the present acts filed within a maximum of 3 weeks from the date of service of this decree, he;
1. Indicates clearly and concisely whether there is any application or act pending before the same Honourable Civil Court (Family Section) regarding the minors concerned and namely … omissis … including but not limited to General Applications;
2. Informs this Court immediately by means of a note in case an act relative to the same minor is filed and this at every stage of these procedures even if such acts are filed by third parties.
And this with the aim of avoiding parallel procedures with respect to the same minor.
Orders the notification of this decree to Maria Genovese, Dr Tatiane Scicluna Cassar as Advocate of the minor, the Director for Child Protection and the Directorate for Alternative Care (Children and Youths) within the Foundation for Social Welfare Services and the Registrar Civil Courts (Family Section).
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 153
153By means of a decree delivered by the Court of Appeal (Inferior jurisdiction) on the 29th August, 2023, in the records of the Appeal Application number 533/2018 in the names Charles Debattista (ID 377863M) vs Andrea Debattista (ID 142588M), the Court ordered the following publication to serve as a notification of the said Andrea Debattista in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.
Whereas by means of Appeal Application 533/2018 filed on the 9th May, 2023, in the names above premised, the appellant Charles Debattista (ID 377863 M) felt aggrieved by the judgment of the Honourable Small Claims Tribunal delivered on the 24th April, 2023, in the names premised since the Tribunal made a wrong and erroneous application of the law applicable to this case with regard to the existence or lack thereof of a brokerage agreement and the amounts due.
Therefore, the appellant requests that this Court upholds this appeal, annuls the judgment by the said Small Claims Tribunals of the 24th April, 2023, in the names premised and instead upholds the plaintiff’s claim in the amount requested or another amount, with costs of both instances against the respondent.
Application number 533/2018 in the names Charles Debattista (ID 377863M) vs Andrea Debattista (ID 142588 M) has been deferred for hearing to the 31st January, 2024, at 12.30 p.m.
Notification: Andrea Debattista, 11, Pjazza Beatu Nazju Falzon, Pembroke
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 154
154By means of a decree delivered, by the Court of Appeal, on the 15th December, 2023, in the records of Application number 34/2017 in the names Dr Rachel Dalli née Tua, Dr Alexei Dalli, Advocate Dr Martin Fenech and Legal Procurator Melissa Anastasi appointed as deputy curators to represent the minor … omissis … vs Pierre Darmanin, the following publication was ordered for the purpose of service of Pierre Darmanin in terms of Article 187 (3) et sequitur of Cap. 12.
By Appeal Application number 34/2017 filed on 22nd June, 2020, Dr Rachel Dalli (ID 134383M) felt aggrieved, inter alia, by the preliminary judgments of the 14th September, 2017, and of the 19th April, 2018, and namely that the Court of First Instance should have upheld the pleas by the exponent appellant as well as the demand for the removal from the records of the technical report by Dr Renald Blundell and thus the plaintiff's demands should have been dismissed.
Therefore, the appellant requests inter alia the revocation of the decree whereby the First Court dismissed the removal from the records of the said report, that the Court of Appeal revokes the judgment in parte of the 14th September, 2017, that it revokes the judgment in parte of the 19th April, 2018, it then upholds the pleas of the appellant and revokes the judgment dated 30th April, 2020, thus dismissing the demands of the respondent with costs of both instances against the respondent nomine.
Appeal Application number 34/2017 in the names Dr Rachel Dalli née Tua, Dr Alexei Dalli, Advocate Dr Martin Fenech and Legal Procurator Melissa Anastasi appointed as deputy curators to represent the minor … omissis … vs Pierre Darmanin, has been deferred for hearing to the 1st February, 2024, at 9.15 a.m.
Notify: Pierre Darmanin: Solaris, Triq Dun Nard Mallia, Żurrieq
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 155
155By means of decrees delivered by the Court of Appeal (Superior jurisdiction) on the 20th July, 2023, and 29 December, 2023, in the records of the application number 23/2023, in the names Rennie Azzopardi (ID 559877 M) vs Claire Azzopardi née Debono (ID 54779 M) the following publication was ordered for the purpose of service in regard to the said Claire Azzopardi, in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.
That the Metropolitan Tribunal of Malta declared null the marriage between the parties mentioned celebrated on the 5th July, 2015, in the sitting of the 28th February, 2023, Prot number 22/029. By a decree of executability of 29th March, 2023, the executability of that decision was declared, confirmed and certified.
Thus, the applicant humbly requests this Honourable Court to order the registration of the nullity of his marriage with the respondent as above premised given as mentioned and this in terms of the Marriage Act (Cap. 255) of the Laws of Malta and consequently to order the Director Public Registry to duly register the definitive decision in terms of the same Act.
Notification: Claire Azzopardi, D cutting Closet, Triq Patri Ġużepp Calleja, St Paul’s Bay
DR F. BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 156
156Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 15th March, 2023, following a request by Raymond Galea et vs Deputy Curators to represent the unknown heirs of Marquis Johan Apap Bologna in the records of the schedule of deposit number 492/2023, in the names Raymond Galea et vs Antonia Patiniott, Hilda Licari and Violetta sive Violet Camilleri et and deputy curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent number 492/2023, in the names of Raymond Galea, in business, son of Alfred and Josephine née Pace, born in Tal-Pietà and residing in Fgura (ID 648657M) and his wife Maria Carmela sive Marlene Galea née Mercieca, daughter of Joseph Mercieca and Elvira née Mamo, born in Ħal Tarxien and residing in Fgura (ID 0387559M) vs Antonia Patiniott née Aquilina, wife of Grazio Patiniott, daughter of Carmelo Aquilina and Grezzja née Tabone born and residing in Żejtun (ID 0560252M) for the inheritance of the late sub direct owner, her husband Grazio Patiniott, son of Carmelo and Saveria née Farrugia, born and resided in Żejtun; Hilda Licari née Camilleri (ID 346656M) wife of Joseph Licari, daughter of Andrew Camilleri and Franceska née Mizzi, born and residing in Ħal Luqa, in her own name and on behalf of the legitimate heirs of the late sub-direct owner Andrew Camilleri; and Violetta sive Violet Camilleri née Dalmas widow of Paul Camilleri, daughter of Carmelo Darlmas and Carolina née Tabone, born in Żejtun and residing in Birżebbuġa (ID 822630M) and Carmen Camilleri unmarried, secretary, daughter of the late Paul Camilleri and Violetta sive Violet née Dalmas born in Floriana and residing in Birżebbuġa (ID 287654M) in her own name and on behalf of the siblings Camilleri as heirs of the late sub direct owner Paul Camilleri and deputy curators to represent the unknown heirs of Marquis Johan Apap Bologna and the Director of Joint Office, filed in the First Hall of the Civil Court on the 13th March, 2023, the applicants Raymond Galea (ID 648657M) and Maria Carmela sive Marlene Galea (ID 0387559M) respectfully submitted:
That the applicants are the owners of premises consisting in a garage with number 5 previously without number but which had the name of I.K. garage in Triq il-Għollieq previously new street without name that buts in Triq il-Liedna, Fgura, as indicated in the attached siteplan and marked Doc. A and which premises the applicants acquired during their marriage by means of a contract of sale in the records of Notary Herbert Cassar on the 28th September, 1982 (Doc. B);
That on these premises there is an annual and perpetual groundrent of Lm10 or rather, €23.29 which is presently paid in its entirety to Antonia Patiniott on behalf of the heirs of Grazio Patiniott, son of Carmelo and Saveria née Farrugia, born and resided in Żejtun;
That from research carried out it results that the said Grazio Patiniott had retained in his favour the increase/subgroundrent of Lm2.25 from the total groundrent of Lm10 when the same Patiniott had transferred amongst others the premises in question to the ancestors in the title of the applicants by means of a contract in the records of Notary George Cassar of the 10th February, 1981, so that thus the remaining Lm7.75 are subgroundrent due to the heirs of Paul Camilleri and Andrew Camilleri who granted, amongst them, the land in question to Grazio Patiniott by perpetual subemphyteusis in the records of Notary George Cassar of the 21st November, 1980;
That furthermore it resulted that an original annual and perpetual groundrent of less than a cent of the Maltese lira, that is circa seven millicents point two (Lm0.0072) or one cent point five three eight of the euro (€0.0153) burdened the same premises which original groundrent in its entirety is due to Marquis Apap Bologna and the institution Ospizio Saura, Rabat, Malta, in different shares, but for all intents and purposes and because of the small amounts, the amount of two euro cents (€0.02) will be deposited and redeemed against the unknown heirs of Marquis Apap Bologna and the same amount of two euro cents (€0.02) against the Joint Office since the titles of the institution Ospizio Saura of Rabat, Malta, were passed on to the Joint Office;
That the applicants today wish to avail themselves of the faculty given to them by Article 1501 of Cap. 16 of the Laws of Malta and redeem the same original subgroundrent and groundrent in terms of law;
That the amount of (€23.29) capitalised at the rate of 5% amounts to €465.80 which are due:
i. €104.80 to Antonia Patiniott on behalf of the heirs of Grazio Patiniott, son of Carmelo and Saveria née Farrugia born and resided in Żejtun, and
ii. €180.50 to Hilda Licari née Camilleri (ID 346656M) in her own name and in the name and in representation of the lawful heirs of the deceased Andrew Camilleri, and
iii. €180.50 Violetta sive Violet Camilleri (ID 822630M) and Carmen Camilleri (ID 287654M) in their own name and in the name and in representation of the siblings Camilleri as heirs of the late Paul Camilleri;
That as above mentioned notwithstanding the fact that in the amount of €361 due and payable to the heirs of Paul Camilleri and Andrew Camilleri there included the original groundrent above mentioned, there shall also be redeemed the amount of €0.02 against the unknown heirs of Marquis Johan Apap Bologna and the same amount of €0.02 against the Joint Office because the rights of the institution Ospizio Saura of Rabat, Malta, were transferred to the same Joint Office representing the original annual and perpetual groundrent, capitalised at the rate of 5% for the total of €0.80 due:
i. €0.40 to the unknown heirs of Marquis Johan Apap Bologna, and
ii. €0.40 to the Joint Office as successor in title of the institution Ospizio Saura of Rabat, Malta;
That furthermore, the applicants are depositing the amount of €116.66 representing five (5) years arrears and due:
i. €26.20 to Antonia Patiniott on behalf of the heirs of Grazio Patiniott, son of Carmelo and Saveria née Farrugia, born and resided in Żejtun, and
ii. €45.13 to Hilda Licari née Camilleri (KI 346656M) in her own name and in the name and in representation of the lawful heirs of the deceased Andrew Camilleri, and
iii. €45.13 Violetta sive Violet Camilleri (KI 822630M) and Carmen Camilleri (ID 287654) in their own name and in the name and in representation of the brothers Camilleri as heirs of the late Paul Camilleri,
iv. €0.10 to the unknown heirs of Marquis Johan Apap Bologna, and
v. €0.10 to the Joint Office as successor in title to the institution Ospizio Saura of Rabat, Malta.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the sum of €583.26 representing the price of redemption of this annual and perpetual groundrent and subgroundrent and arrears, which are due and payable:
i. €131 to Antonia Patiniott on behalf of the heirs of Grazio Patiniott, son of Carmelo and Saveria née Farrugia, born and resided in Żejtun, and
ii. €225.63 to Hilda Licari née Camilleri (KI 346656M) in her own name and in the name and in representation of the lawful heirs of the deceased Andrew Camilleri, and
iii. €225.63 to Violetta sive Violet Camilleri (KI 822630M) and Carmen Camilleri (KI 287654M) in their own name and in the name and in representation of the brothers Camilleri as heirs of the late Paul Camilleri,
iv. €0.50 to the unknown heirs of Marquis Johan Apap Bologna, and
v. €0.50 to the Joint Office as successor in title of the Institution Ospizio Saura of Rabat, Malta.
In order to be freely given to the respondents after leaving the due receipt according to law and which sum is to be released in the amounts above indicated.
Applicants: 7, Raymar, Triq l-Għollieq, Fgura
Notification: Antonia Patiniott,15, Horant, Triq Xeht il-Forom, Żejtun
Violet Camilleri, Dar il-Barka, Triq F. C. Bourlemaque, Birżebbuġa
Hilda Licari, 44, Casa Licari, Triq Ġorġ Zahra, Ħal Luqa
Director Joint Office, Auberge de Baviere, Valletta
Director Public Registry, Evans Building, Triq il-Merkanti, Valletta
Deputy curators to represent the unknown heirs of Marquis John Apap Bologna
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 Francesco Depasquale, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 157
157Notice of notification issued by the Revising Officer sitting in the Magistrates' Court (Gozo)
By virtue of a decree given on the 15th of November, 2023, it was ordered, inter alia, that this notice be published twice in all the local daily newspapers, and this in order to serve as a notification for the person:
Kieran Joseph Gannon, identity card number 35996G, of 56, Grima’, Flat 3, Triq Xjuf ir-Riħ, Nadur, Gozo
By virtue of an application presented to the Revising Officer at the Court of Magistrates (Gozo) on the 1st of November, 2023, by Josephine Said, identity card number 13977G, of ‘May Flower’, Triq Ta’ Grunju, Nadur, Gozo, it was requested that the Electoral Commission removes from the Electoral Register of the General Election, of the European Union, and of the local councils, published on the 24th of October, 2023, since the said Kieran Joseph Gannon has number right to be registered in the said Register.
The said application is adjourned for hearing to the 16th of February, 2024, at 9.00 a.m., at the Gozo Court building, Cathedral Square, Victoria, Gozo.
Ordered by Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Revising Officer, Magistrate of the Court of Magistrates, Gozo.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 158
158Notice of notification issued by the Revising Officer sitting in the Court Magistrates (Gozo)
By virtue of a decree given on the 15th of November, 2023, it was ordered, inter alia, the publication of this notice twice in all the local daily newspapers, and this in order to serve as notification for the person:
Gordon Micallef, identity card number 29596G, of ‘Lagoon Breeze’, Flat 5, Triq Raymond Caruana, Għajnsielem, Gozo.
By virtue of an application filed to the Revising Officer in the Court of Magistrates (Gozo) on the 13th of November, 2023, by Julia Haber, identity card number 54159G, of ‘Caria’, Triq Kemmunett, Għajnsielem, Gozo, the Electoral Commission was requested to effect a correction in the Electoral Register of the General Election, of the European Union, and of the local councils, published on the 24th of October, 2023, since the said Gordon Micallef number longer resides in the address mentioned above, and the applicant has number knowledge of where he resides.
The said application is adjourned for hearing to the 16th of February, 2024, at 9.00 a.m., in the Gozo Court building, Cathedral Square, Victoria, Gozo.
Ordered by Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Revising Officer, sitting in the Court of Magistrate (Gozo).
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 159
159By order of the Court of Appeal delivered on 6th November, 2023, in the records of Application number 822/2014 in the names Frederick Joseph Pledger vs Giovanni Camilleri and by decree of the 23rd May, 2017, the records of the cause were transferred from the person of the defendant Giovanni Camilleri who died during the proceedings onto the persons of his children Annalise Camilleri, Melanie Zerafa née Camilleri and Andrè Karl Camilleri the following publication was ordered for the purpose of service of a notice of hearing in regard to the respondents Annalise Camilleri and Melanie Zerafa in terms of section 187 (3) et sequitur of Cap. 12.
In virtue of the decree by the said Court of Appeal regarding the Notice of hearing of a cause issued by the Registry Superior Courts for this cause and because the written procedures before the Court of Appeal in the cause in the names above mentioned have been closed, the Court fixed the hearing of this cause for the 19th February, 2024, at 8.30 a.m.
Notification: Annalise Camilleri, Buttigieg Flats, Flat 3 Triq il-Qbajjar, Żebbuġ, Gozo
Melanie Zerafa, Buttigieg Flats, Flat 3 Triq il-Qbajjar, Żebbuġ, Gozo
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 160
160Banns 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 7th of December, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below so that for all effects and purposes of the law serves as a notification according to article 931 et sequitur of the Code of Organisation and Civil Procedure.
By decree given on the 7th of December, 2023, it was ordered that a deputy curator be chosen according to the law to represent the inheritance of Marie Sultana daughter of Kevin Haslam and of Mary Josephine Debrincat, born in Carlton, Melbourne, Australia, on the 2nd of September, 1976, and who died on the 26th of November, 2021, and this on the deed of sale of premises number 49, Triq Sant’Orsola, Victoria, Gozo, which sale was ordered by the Court in its judgment of the 30th of March, 2023, in the acts of the Sworn Application in terms of article 495A of the Civil Code, bearing reference number 9/2021 BS in re ‘Maria Bajada Buhagiar proprio et nomine et versus l-Avukat Dott. Joseph Grech nomine’, filed on the 12th of February, 2021, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.
You are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who would like to be appointed as curator to appear within six (6) days in this Registry and file a note in this regard.
You are also ordered to inform one and all 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, abovementioned, with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the aforementioned Court.
Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, abovementioned, with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the aforementioned Court.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 161
161By a decree of the Small Claims Tribunal of the 24th April, 2023, 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).
Creek Developments plc (C 50531) of Office number 1, Crown Marina Apartments, Ta’ Xbiex Sea Front, Ta’ Xbiex, filed a Claim on the 12th April 2023, whereby they asked the Tribunal to condemn Marco Portelli (ID 650182M) of 29, Serenita, Triq il-Kromb, Ħ’Attard, to pay the plaintiff company the sum of €2.993.36, which amount is due to the plaintiff company.
With costs and legal interest
The case (Claim number 138/2023DBM) is deferred on the 1st February, 2024, at 12.45 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 162
162By a decree of the Small Claims Tribunal of the 24th April, 2023, 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).
Vodafone Malta Limited (C 10865) today Epic Communications Limited (c 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 23rd March, 2023, whereby they asked the Tribunal to condemn Vincent Pace (ID 209480M) of Montgenerne, Triq Lapsi, Xgħajra, to pay the plaintiff company the sum of €2040.95, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 98/2023DBM) is deferred on the 1st February, 2024, at 12.45 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.
Notice 163
163By a decree of the Small Claims Tribunal of the 8th August, 2023, 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 respondent company CRG Construction & Turnkey Limited.
Elmo Insurance Limited (C3500) as subrogated in the right of its insured Vision Car Leasing Limited and the same Vision Car Leasing Limited (C51153) of Triq Abate Rigord, Ta’ Xbiex, filed a Claim on the 27th July, 2023, whereby they asked the Tribunal to condemn CRG Construction & Turnkey Limited (C80319) of 47, Triq Karmelo Ritchie, Xgħajra, to pay the plaintiff company the sum of €2,500, which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 254/2023CL) is deferred on the 7th February, 2024, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 164
164By a decree of the Small Claims Tribunal of the 21st July, 2023, the publication of the following extract was ordered for the purpose of service on the respondents Ronald Azzopardi and Mariella Borg in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Edgar Gili as administrator for and on behalf of 17, Graham Spaces Owers Association of 143, Unit 4, Triq it-Torri, Tas-Sliema SLM 1604, filed a Claim on the 20th June, 2023, whereby he asked the Tribunal to condemn Ronald Azzopardi (ID 0700661M) of 15, Fl 6, Triq Ġużè Howard, Tas-Sliema and Mariella Borg (ID 739262M) of Fl 15, 143, Triq it-Torri, Tas-Sliema, to pay the plaintiff noe the sum of €610, which amount is due to the plaintiff noe.
With costs and legal interests
The case (Claim number 217/2023CC) is deferred on the 5th February, 2024, at 12.45 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 165
165By a decree of the Small Claims Tribunal of the 12th August, 2022, the publication of the following extract was ordered for the purpose of service on the respondents Amor and Karen spouses Ben Tanfous in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Christopher Cardona (ID 190176M) of St Anthony Store, Triq in-Nassab, Ħal Qormi, filed a Claim on the 22nd July, 2022, whereby he asked the Tribunal to condemn Amor and Karen spouses Ben Tanfous of 22, San Girgor, Blk A, Fl. 3, Misraħ Karmenu Grima, Żejtun, and/or 301, Triq it-Turisti, Qawra, and/or Black Pearl, Fl. 2, Triq il-Buttuniera, Marsaskala, to pay the plaintiff the sum of €1,678.41, which amount is due to the plaintiff.
With costs and legal interests
The case (Claim number 216/2022IS) is deferred on the 14th February, 2024, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 166
166By a decree of the Court of Magistrates (Malta) of the 3rd May, 2023, the publication of the following extract was ordered for the purpose of service on Darren Desira in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
James Scicluna (ID 0306321L) of Portomaso Appartments, Block 16, Flat 83, Vjal Portomaso, Paceville, St Julian’s, filed a Claim on the 30th January, 2023, whereby he asked the Court to condemn Darren Desira (ID 0048684M) of Upper Crust Suits, Apt 7, Block B, Triq il-Keffa, Swieqi, and Santa Katerina Construction Limited, to pay the plaintiff the sum of €10,503, which amount is due to the plaintiff.
With costs and legal interests
The case (Notice number 24/2023MLF) in the names James Scicluna vs Darren Desira et is deferred for hearing for the 12th February, 2024, at 9.30 a.m.
Notification: Darren Desira (ID 0048684M) of Upper Crust Suits, Apt 7, Block B, Triq il-Keffa, Swieqi
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 167
167Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Court of Magistrates (Malta) on the 18th September, 2023, following a request by Michael Camenzuli it was ordered that Deputy Curators be selected to represent the unknown heirs of Marianna Cassar in the acts of the schedule of deposit number 2790/2023, in the names Michael Camenzuli 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 14th September 2023, in the names Michael Camenzuli vs Deputy Curators to represent the unknown heirs of Marianna Cassar, the applicant Michael Camenzuli (ID 0423172M) respectfully submitted:
That the applicant leases from the respondent land consisting of fields measuring six (6) tumoli and five (5) siegħajn in the area known as Ta’ Sant’Antnin in the limits of Marsaskala and pays an agricultural rent of €60 per year every year in the feast day of Santa Marija;
The interpellant made various attempts (both personally and by telephone) to trace and pay the respondent the rent due and this from the instalment of August 2019. Since the interpellant had number information about the respondent, the payments due were sent by post, which payments remained uncashed although the correspondence was not returned;
Recently, the applicant was given information that the respondent today is deceased but her heirs are not known to him. Thus, the applicant does not have any information to whom the lease should be paid;
That thus the applicant, in order to safeguard all his interest and exempt himself from any responsibility, is calling upon this Court and under its authority is depositing the sum of €190.62 together with the sum of €49.38 costs of this procedure, together amount to €240.00 due totally for the lease installments from August 2019 till August 2023, with the option that the respondents nomine withdraw the amount deposited after leaving the relative receipt.
Applicant: 22, San Girgor, Blokk A, Misrah Karmnu Grima, Żejtun
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 number 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 Leonard Caruana, LLD, MA (Fin. Serv.), Doctor of Laws, Magistrate of the abovementioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 168
168It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 17th November, 2023, in the records of the judicial letter number 4372/2023, in the names J. Zammit Estates Limited vs Maria Pisani, ordered the following publication for the purpose of effecting service on the respondent Maria Pisani, in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Maria Pisani – 146/148, Casa Pisani, Triq Brared, Birkirkara
By means of the present J. Zammit Estates Limited (C52422) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, whilst referring to (i) a judicial letter dated 19th September, 2023, sent to her by the company Western company Limited of Western, Triq Santa Marija, Birkirkara, by means of which she was informed that, in terms of a contract of Notary Doctor Melvin Polidano of the 29th August, 2023, you assigned by means of a donation to the same Western company Limited a right of payment that you claim to have against the applicant, and which you allege arose and results from the deed of sale in the records of Notary Dr Robert Micallef of the 29th April, 2014, by means of which you sold the bare ownership of your residential home 146/148, Casa Pisani, Triq Brared, Birkirkra to the interpellant; and (ii) a deed of sale mentioned published between you and your husband as vendors and the applicant as the buyer in terms of which, you and your husband declared to have received the full price as agreed on the same contract, and warns you for all the purposes and effects of law that this transfer you appear to have made is entirely false and misleading as the right of payment you assigned does not exist. The applicant number longer has to pay you anything.
By means of the present, the applicant warns you that if you do not withdraw this unreasonable claim, and if she suffers loss, damages or expenses as a consequence of this false and misleading transfer that you signed before Notary Melvin Polidano, she will insist that you fully and immediately indemnify her including for any damage she may suffer as a result of your fault in the very good commercial reputation she enjoys.
So much so that you may know how to proceed
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 169
169By means of a decree given on the 30th November, 2023, in the records of the judicial letter number 2811/2023, in the names Permanent Secretary in the Ministry for Health vs Sunial Shahid, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Sunial Shahid (ID 123231A) of Orange Shades, Flat 8B, Triq il-Qanpiena, Swatar, on the 28th September, 2023, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €667.11 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government – Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 170
170By 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 3278/2022 in the names Automated Revenue Management Services Limited noe vs Catherine Cauchi the following publication was ordered for the purpose of effecting service on the respondent Catherine Cauchi in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Catherine Cauchi (ID 271241M) of 83, Casa La Torre, Triq iż-Żejtun, Marsaxlokk
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 €4,838.00 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 which amount consists of the following:
i. As for bill number 411000055988 in the amount of €1,106.02 regarding the premises 83, La Tranquilla, Dawret il-Qalb Imqaddsa, Birżebbuġa; and
ii. As for bill number 411000141045 in the amount of €1,979.05 regarding the premises Flt 1, Misraħ San Ġwann, Valletta; and
iii. As for bill number 411000166794 in the amount of €1,192.83 regarding the premises 42, Sqaq Dun Ġużepp Naudi, Ħal Għaxaq; and
iv. As for bill number 411000238285 in the amount of €62.47 regarding the premises 58, Triq il-Madonna tal-Ħniena, Żejtun; and
v. As for bill number 101000118754 in the amount of €497.63 regarding the premises 35, Casa La Torre, Triq iż-Żejtun, Marsaxlokk.
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 number 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 171
171By virtue of a decree dated the 10th of January, 2024, issued by the Court of Magistrates (Gozo), Inferior Jurisdiction, in the acts of schedule of deposit number 284/2023, in names ‘Martin Debrincat versus Anthony Farrugia in his capacity of heir of Maria Farrugia’, it was ordered that the said schedule of deposit, herein reproduced, be published for the purpose of service on the respondent Anthony Farrugia in his capacity of heir of Maria Farrugia, with address at number 3, Triq l-Arċipriet Saver Cassar, Victoria, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.
In the Court of Magistrates (Gozo)
Inferior Jurisdiction
Schedule of deposit number 284/2023
Martin Debrincat
vs
Anthony Farrugia in his capacity of heir of Maria Farrugia.
Schedule of deposit of Martin Debrincat of ‘Żgugina’, Triq il-Viżitazzjoni, Għarb, Gozo, holder of identity card number 94847G.
Respectfully states and submits:
Whereas the applicant rents from the respondent a tract of land known as ‘Tal-Kemmuni’ limits of Għarb, Gozo for the rent of five euros and eighty-three cents (€5.83) per annum, payable annually in arrear;
Whereas rent is due for the year 2021-2022 as well as for the year 2022-2023, amounting in total to the sum of eleven euros and sixty-six cents (€11.66);
Whereas this rent was unjustly and without any valid reason at law refused by the respondent;
Therefore, the applicant in order to exempt himself from any responsibility is having recourse to this Honourable Court and under its authority he is depositing the sum of one euro cent (€0.01) which together with the sum of forty-five euros and ninety-five cents (€45.95) being the expense of the present procedure, represent the amount due to the respondent. The amount thus deposited can be freely withdrawn by the same respondent after he tenders relative receipt according to law.
(signed) Advocate Dr Jean Paul Grech
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 172
172By means of a decree of the 8th November, 2023, of the Rent Regulation Board, in the records of the Application in the names Paul Gauci vs Donna Lee Mangion, Application number 336/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Donna Lee Mangion 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 Paul Gauci (ID 388561M) vs Donna Lee Mangion (ID 34789M) filed before the Rent Regulation Board, on the 12th June, 2023, the applicant Paul Gauci (ID 388561M) requested this Honourable Board to:
1. Proceed to decide this cause without proceeding to trail as provided in Article 16A of Cap. 69 of the Laws of Malta as regards the second and third demands;
2. Order for the reasons above premised, the eviction of the defendant from the garages number 9 and 10 found in Triq il-Gudja, in Ħal Għaxaq the restitution of the premises back to the applicant owner, and impose a short and peremptory period within which the defendant is to vacate from the same property in terms of Article 89 (1) of Cap. 69 of the Laws of Malta;
3. Following the previous demand, order the same defendant so that within the time established by this Honourable Board she removes all that is her belongings and gives back the vacant possession of the same property in a good state which were passed on and authorises the applicant to take back possession of the garages;
4. Condemn the defendant to pay the sum of €9,460 or any other sum that this Honourable Board deems fit and these represent in arrears of rent;
5. It also condemns the defendant to pay the sum of €2,212.27 or any other sum that this Honourable Board deems fit and these represent damages caused by the defendant.
With costs, including those of the judicial letter with number 666/2023, and legal interest against the preliminary agreement, which is from now summoned so that a reference to her oath be made
Notification: Donna Lee Mangion, Ent. B, Flat 1, Triq il-Fontana, Valletta
The application in the names Paul Gauci vs Donna Lee Mangion, Application number 336/2023JG, has been postponed for hearing to the 5th February, 2024, at 12.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 173
173By means of a decree of the 28th November, 2023, of the Civil Court (Family Section), in the records of the Sworn Application in the names Mariah Magro vs Michael Sant, Application Number 157/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Michael Sant 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 records of the sworn application Number 30/2022AL in the names Mariah Magro (ID 0298696M) vs Michael Sant (ID 450692M) was filed in the Civil Court (Family Section), on the 5th July, 2023, whereby the applicant Mariah Magro (ID 0298696M) requested this Honourable Court to:
1. Order the respondent to pay the arrears in connection with the Cost of Living Index amounting in total to €568.18;
2. Increase the maintenance due by Michael Sant by not less than another €250 per month to cover the father's share of health expenses, education and extra-curricular activities;
3. Order that such maintenance payment be deducted directly from the salary of the respondent and be paid to the plaintiff in the bank account indicated by her.
And this under any other provision that the same Honourable Court deems fit and opportune.
The application in the names Mariah Magro vs Michael Sant, Application Number 157/2023AL has been postponed for hearing to the 7th February, 2024, at 9.15 a.m.
Applicant: 244, Old Trafford, Flat 2, Triq il-Vitorja, Ħal Qormi
Notification: Johanna Court, Flat 3, Triq il-Ħabbiex, Ħal Qormi
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 174
174By means of a decree of the 6th December, 2023, of the Civil Court (Family Section), in the records of the sworn application in the names Marica Schembri vs Bogdan Gabriel Podianu, Application Number 519/2023AGV, the following publication was ordered for the purpose of effecting service on the respondent Bogdan Gabriel Podianu 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 records of the sworn application Number 519/2023AGV in the names Marica Schembri (ID 351874M) vs Bogdan Gabriel Podianu (KI 50623A), filed in the Civil Court (Family Section), on the 28th September, 2023, the applicant Marica Schembri requested this Honourable Court to:
1. Pronounce the dissolution of marriage between the parties;
2. Order the Registrar of Courts so that within the time allowed for this by the same Honourable Court, he notifies the Director Public Registry of the dissolution of marriage of the parties so that it be registered in the Public Registry.
The application in the names Marica Schembri vs Bogdan Gabriel Podianu, Application number 519/2023AGV, has been postponed for hearing to the 8th February, 2024, at 9.00 a.m.
Applicant: 181, Paloma, Triq il-Gross, Marsaskala
Notification: 94, Casa Smeralda, Triq il-Kajjik, Marsaxlokk
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 175
175By means of a decree of the 28th November, 2023, of the Civil Court (Family Section), in the records of the Sworn Application in the names Caroline Gatt vs Olaf Gauci, Application Number 57/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Olaf Gauci 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 records of the sworn application Number 57/2023AL in the names Caroline Gatt (ID 251376M) vs Olaf Gauci (ID 251076M), filed in the Civil Court (Family Section), on the 2nd February, 2023, the applicant Caroline Gatt (ID 251376M) requested this Honourable Court to:
1. Pronounce the divorce or the dissolution of marriage between the parties;
2. Order the Registrar of Courts so that within the time allowed for this by the same Honourable Court, he notifies the Director Public Registry of the dissolution of marriage of the parties so that it be registered in the Public Registry.
The application in the names Caroline Gatt vs Olaf Gauci, Application number 57/2023AL, has been postponed for hearing to the 7th February, 2024, at 9.15 a.m.
Applicant: Caroline Gatt, 44, Gordori, Triq Mikiel Anton Vassalli, Ħal Qormi
Notification: Olaf Gauci, Kennedy Grove Appts, Flt 4, Triq il-Wileġ, St Paul’s Bay
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 176
176By 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 3090/2022 in the names Automated Revenue Management Services Limited noe vs Gesmond Abela the following publication was ordered for the purpose of effecting service on the respondent Gesmond Abela in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Gesmond Abela (ID 292665M) of 70, Villa Maharlika, Triq il-Kwartin, Swieqi
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 €8,833.07 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 regard the utility bills number 101000125047 regarding the premises 70, Villa Maharlika, Triq il-Kwartin, Tal-Ibraġ, Swieqi.
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 177
177By means of a decree of the 11th May, 2023, in the records of the judicial protest number 221/2023 in the names Lexington Services Limited vs Florian Karrer et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Gillian Mary Walters.
In the First Hall of the Civil Court
In the records of the Judicial protest number 221/2023
Lexington Services Limited (C50993)
vs
Florian Karrer and Gillian Mary Walters (passport number PT8740852) in representation of the minors … omissis … as heirs of the Mortimer John Walters
Protest of Lexington Services Limited (C50993) whereby they submit with respect:
That by means of this judicial protest the claimant company refers to the lawsuit that you have filed before the First Hall Civil Courts in Malta in the names Gillian Mary Walters nominée vs Lexington Services Limited et bearing reference 499/2021AJD (the ‘Lawsuit’) and to the precautionary garnishee order obtained in support of the Lawsuit for an amount of €1,222,347 bearing reference 793/2021 (the ‘Garnishee Order’);
That by means of the Lawsuit and the Garnishee Order, you are evidently recycling a claim that the late Mortimer John Walters and subsequently the estate, as represented and administered by you, had unsuccessfully pursued in the liquidation of West Global Limited to be admitted as a creditor in the amount of €1,222,347;
That this claim was outright rejected, after due consideration, by the joint liquidators of West Global Limited and by the High Court in Ireland, and even if there was a claim, it must have been extinguished by now;
That this claim, whether made against West Global Limited or against the claimant company, is not only manifestly unfounded in fact and in law, but is vexatious, frivolous and oppressive;
That Mr Walters never was and could never be a creditor of West Global Limited or of Lexington Services Limited given that he made no investments or payments into either;
That, after your evidentiary phase as claimant in the Lawsuit has been concluded, it is now more apparent than ever that you do not have a shred of concrete documentary evidence to corroborate your claim that any funds were ever remitted or paid to West Global Limited or to the claimant company;
That Mr Connell has even admitted on oath that there exists no evidence of bank transfers made;
That, further, Mrs Walters, despite confirming on oath, that she has personal knowledge of the facts of the case, further confirmed that all confirmations she made in the Lwuist have been reported to her by third parties, including Mr Connell and Mr Karrer;
That, it appears that Mr Connell and Mr Karrer have manipulated and pressured and continue to pressure Mrs Walters to take up ‘permanent residency’ in Malta and to file the Lawsuit and the Garnishee Order given the control Mr Connell and Mr Karrer exercise over the estate of the late Walters;
That, the misuse of judicial remedies available to a claimant under Maltese law under vexatious, frivolous and oppressive pretenses constitutes tortious conduct and an abuse of right;
That such conduct is unlawful and is answerable by damages;
That, as a direct and immediate result of the Lawsuit and the Garnishee, the claimant company has suffered and continues to suffer damages, and by means of this judicial protest the claimant company calls on you to reach out to make arrangements for the quantification and payment of such damages;
That this judicial protest is expressly without prejudice to the pleas and defences raised by the claimant company in its sworn reply in the Lawsuit and to any and all rights and claims of the claimant company, including any of the other respondents in the Lawsuit may have against you remained reserved.
With costs
Notification: Gillian Mary Walters nomine, Dorrell Court, Flat 1, G. B. Morton Junction, San Pawl tat-Tarġa, Naxxar
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 178
178By a decree given on the 8th January, 2024, by the Civil Court First Hall, the Court 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).
By the application filed in the Civil Court, First Hall, on the 28th September, 2023, by Belair Sliema Limited with the registration number (C88195), Judicial Sale file numbered 44/23 in the names Belair Sliema Limited (C88195) vs Peter James Frendo (ID 369782M) is being asked that the Court orders the sale by auction of the:
1. The airspace overlying the penthouse internally numbered five (5) forming part of a block built on a site previously occupied by the tenements officially marked as numbers two hundred and fifty nine (259) and two hundred and sixty one (261) in Triq D’Argens, Gżira, all bounded on the east by the said Triq D’Argens and the rest by property of the Moroni Viani family or their successors in title, with all its rights and appurtenances, free and unencumbered, including the building of additional floors,
and
2. The tenement officially marked number two hundred and fifty seven (257), in Triq D’Argens, Gżira, including its airspace, subject to its share of annual and perpetual ground rent of seven euro and ninety eight cent (€7.98) which forms part of a larger groundrent, otherwise free and unencumbered, with all its rights and appurtenances.
The said property belongs to Peter James Frendo (ID 369782M).
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 179
179By a decree given on the 8th January, 2024, by the Civil Court First Hall, the Court 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).
By decree given by the Civil Court, First Hall on the 5th October, 2023, on the application of Belair Sliema Limited (C 88195), Thursday, 21st March, 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:
The airspace overlying the penthouse internally numbered five (5), measuring one hundred and twenty six square metres (126sqm), forming part of a block built on six floors and which was built on a site previously occupied by the tenements officially marked as numbers two hundred and fifty nine (259) and two hundred and sixty one (261), in Triq D’Argens, Gżira, subject to the use by the block residents to install, maintain and repair the allowed services on the roof premises, by means of a notification at least twenty four (24) hours prior to the use and during daytime, bounded East with the said Triq D’Argens, and on all other compass points with property of the Moroni Viani family or their successors in title, with all its rights and appurtenances, free and unencumbered, including the building of additional floors and which presently, this height is already reached according to the North Harbour Local Plan and this will be possible if changes are made to the same policy, and is valued at twenty thousand euro (€20,000).
The tenement officially marked number two hundred and fifty seven (257), in Triq D’Argens, Gżira, including its airspace, which presently is in a state as excavated land, measuring ninety point seven square metre (90.7sqm), apart from the facade which was not demolished, covered by a building permit PA/0878/18 issued from the Planning Authority, which permit is presently out dated, and is subject to its share of annual and perpetual ground rent of seven euro and ninety eight cent (€7.98) which forms part of a larger groundrent of three properties with numbers two hundred and fifty seven (257), two hundred and fifty nine (259) and two hundred and sixty one (261), all in Triq D’Argens, otherwise free and unencumebred, with all its rights and appurtenences, and is valued at five hundred thousand euro (€500,000).
The said tenement is the property of Frendo Peter James (ID 369782M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 44/2023.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 180
180By means of a decree of the 5th June, 2023, of the Rent Regulation Board, in the records of the Application in the names Framegrip Construction Limited vs Evolution Building Limited, Application Number 868/2022JG, the following publication was ordered for the purpose of effecting service on the respondent company Evolution Building Limited 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 Framegrip Construction Limited (C-17324) vs Evolution Building Limited (C-94407) filed before the Rent Regulation Board, on the 3rd November 2022, the applicant Framegrip Construction Limited (C 17324) requested this Honourable Board to:
1. Declare that the applicant company is a creditor of the defendant company in the total amount of €2,952.86 due in terms of the lease agreement dated 1st March 2021 on the premises Flat 2, Arzella Apartments 12, Triq iċ-Ċern, Xgħajra according to the attached statement (Doc. FGC 2);
2. Condemn the defendant company to pay the applicant company the said amount of €2,952.86 due to the applicant company as premised.
With costs including those relative to the garnishee order filed together with the judicial letter dated 12th April, 2022, and with legal interest with effect from the date when the relative amounts became due till the effective payment against the defendant company which is from now summoned so that a reference to its evidence be made
Applicants: Framegrip Construction Limited, St Louis, Triq il-Mosta, Ħal Lija
Notification: Evolution Building Limited, Warehouse 9A, Triq Burmarrad, Naxxar
The application in the names Framegrip Construction Limited vs Evolution Building Limited, Application number 868/2022JG, has been postponed for hearing to the 5th February, 2024, at 9.25 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 181
181By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st December, 2023, Application number 1952/2023, by Paul Ellul et whereby they requested that it be declared open in favour of Paul Ellul, Paula Cutajar and Katrina Bondin, brother and sister of the decujus in the quota of one eighth (1/8) undivided share each one of them; in favour of Kevin Ellul son of the late Rokku Ellul the latter brother of the decujus in the quota of one eighth (1/8) undivided share; in favour of Mary Muscat, Margaret Costa, Cynthia Mifsud, Alfred Ellul and Catherine Magro children of the late Rosario Ellul the latter brother of the decujus in the quota of one part of forty eight (1/48) undivided share each one of them and in favour of Oriana Pisani u Myron Ellul children of the late Paul Ellul, son of the late Rosario Ellul the latter brother of the decujus in the quota of one part of forty eight (1/48) undivided share between them; in favour of Norbert Ellul and Tania Bugeja children of the late Emanuel Ellul the latter brother of the decujus in the quota of one eighth (1/8) undivided share between them; in favour of Paul Ellul son of the late Joseph Ellul the latter brother of the decujus in the quota of one eighth (1/8) undivided share and in favour of Raymond Schembri and Carmel Schembri children of the late Rita Schembri the latter sister of the decujus in the quota of one eighth (1/8) undivided share between them the succession of Nazzarena Ellul, unmarried, daughter of the late Salvatore Ellul and Marija Ellul née Mamo, born in Żurrieq, resided in Żurrieq, Malta, and died Ħal Luqa, Malta, on the 18th January, 2023, aged 74, and who held identity card number 194148M.
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 182
182By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd December, 2023, Application number 2016/2023, by Dolores Mercieca et whereby they requested that it be declared open in favour of Dolores Mercieca, wife 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 Mario Mercieca, son of the decujus the succession of Emmanuele Mercieca, husband of Dolores Mercieca née Muscat, son of the late Salvatore Mercieca and Caterina Mercieca née Grixti, born in Żejtun, Malta, resided in Żejtun, Malta, and died in Msida, Malta, on the 9th September, 2023, aged 87, and who held identity card number 0631935M.
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 183
183By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th December, 2023, Application number 1984/2023, by Advocate Doctor Alexander Schembri and Advocate Doctor Luana Cuschieri for and on behalf of the absentee Marthers Gerada and George Patrick Gerada wherby they requested that it be declared open in favour of Marthers Gerada and George Patrick Gerada in equal shares between them the succession of Guido Gerada, widower, son of the late Paolo Gerada and Maria Stella Gerada née Borg, born in Msida, Malta, and resided in Pendle Hill, New South Wales, and died in Pendle Hill, New South Wales, on the 25th February, 2022, aged 93.
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 184
184Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 11th July, 2023, following a request by Architect Anthony Stivala et vs Deputy Curators to represent the vacant inheritance of the said Marianna, Giuseppa and Calcedonia sisters Briffa in the records of the schedule of deposit number 1403/2023 in the names Architect Anthony Stivala et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent, number 1403/2023 in the names of Architect Anthony Stivala, son of the late Pasquale Stivala and Rose née Ellul, born in Valletta on the 8th May, 1949, and residing in Ħ’Attard (ID 0404949M) (1/4 undivided share); Adrian Stivala, company director, son of the late Pasquale Stivala and Rose née Ellul, born in Tas-Sliema on the 9th December, 1953, and residing in Naxxar (ID 0849453M) (1/4) undivided share); Alice Borg Olivier née Stivala, wife of John Borg Olivier, housewife, daughter of the late Pasquale Stivala and Rose née Ellul, born in Tas-Sliema on the 23rd May, 1962, and residing in Madliena, Swieqi (ID 0358762M) and Karen Harrold née Camilleri, wife of James sive Jamie Harrold, self-employed, daughter of Patrick Camilleri and the late Anna sive Ann Rose Camilleri née Stivala, born in Cambridge, England, on the 26th March, 1975, and residing in Sterling, Scotland (English passport number 575537757) vs Deputy Curators to represent the vacant inheritance of George, who worked in agriculture and Marianna, Giuseppa and Calcedonia, unmarried, sisters Briffa , children of the late Benigno Briffa and Carmela née Pace, born in and resided in Ħal Qormi, filed in the First Hall of the Civil Court on the 7th July, 2023, the applicants Architect Anthony Stivala et respectfully submitted:
That in virtue of the contracts causa mortis published in the records of Notary John Cachia Zammit dated 30th April, 1996; 31st October, 1996; and 21st November, 2019, the applicants acquired the following properties and namely the garages numbered 119 (A), 121 (B), 123 (C) and 125 (D) as well as the stores numbered 104, 110 and 114 in Triq id-Drama, Ħal Qormi (hereafter known as properties) which properties are underlying third party property. A copy of the contracts of acquisition is hereby attached and marked with the letters X, Y and Z. A copy of the relative Land Registry plans is hereby attached marked LR1, LR2, LR3, LR4, LR5, LR6 and LR7;
That in virtue of the contract dated 1st April, 1965, published in the records of Notary Joseph Felix Abela it imposed a groundrent which is being redeemed in this schedule of deposit.
The properties are collectively subject to the annual and perpetual groundrent of €111.81 equivalent to Lm48;
That according to the applicants, the said Marianna, Giuseppa and Calcedonia unmarried, sisters Briffa are dead and their heirs are unknown in such a manner that it is necessary that this Honourable Court appoints curators to represent the vacant inheritance of the said Marianna, Giuseppa and Calcedonia, unmarried, siblings Briffa;
The applicants would like that, by means of this schedule of deposit, they:
i. Pay the arrears of groundrent due by them, and namely those relative to the last five (5) years, which amount to the sum of €559.05, and
ii. Avail themselves of the option given to them by Article 1501 of Cap. 16 of the Laws of Malta and redeem this annual and perpetual groundrent;
That the annual and perpetual groundrent is to be redeemed at the rate of 5% which thus amounts to the sum of €2,236.20.
Therefore, the applicants are calling upon this Honourable Court and depositing under its authority:
a. The sum of €559.05 representing the arrears of groundrent of the last five (5) years due which sum is to be freely withdrawn by whoever has an interest in it, upon proof of their title to the Registrar of Courts, and after leaving the due receipt, and
b. The sum of €2,236.20 representing the redemption of the annual and perpetual groundrent burdening the properties, which sum is to be freely withdrawn by whoever has an interest in it upon proof of their title to the Registrar of Courts and after they leave the due receipt thus the obligation to pay the groundrent burdening the properties above mentioned ended.
Applicants: Architect Anthony Stivala, 19 Narnia, Tiq il-Ġellewża Sewda, Ħ’Attard
Adrian Stivala u Karen Harrold, 9, La Vista, Triq Sir H. Luke, Naxxar
Alice Borg Olivier, 1, Il-Murex, Triq Manuel Agius, Madliena
Notification: Deputy curators to represent the vacant inheritance of the said Marianna, Giuseppa and Calcedonia unmarried, sisters Briffa
Director Public Registry, Valletta
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. Madam Justice Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 185
185By means of a decree given on the 25th September, 2023, in the records of the judicial letter number 1451/2023, in the names Permanent Secretary in the Ministry for Health vs Rajan Deepthi, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Rajan Deepthi (ID 183746A) of 30, Alpen Roe, Triq Ġużepp Xuereb, Swatar, on the 15th May, 2023, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €5,278.35 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government – Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 186
186By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction), on the 15th December, 2023, in the records of the Application number 1233/2019 in the names Mizan Abdul Kalam (passport number BH0851471) vs 1) Hannan Abdul (ID 75508A); 2) MD Mahuk Miah (ID 82818A), the following publication was ordered for the purpose of service of the named respondents Hannan Abdul and MD Mahuk Miah in terms of Article 187 (3) et sequitur of Cap. 12.
By means of an Appeal Application number 1233/2019 Mizan Abdul Kalam filed an appeal against the judgement delivered by the First Hall of the Civil Court on the 13th July, 2023, whereby it dismissed all his claims and thus he felt aggrieved by it in so far as i) the first court was incorrect as regards the formality of the lease, ii) it made a wrong evaluation of the evidence produced, iii) it was also incorrect when it considered the claims for damages consequential to the first claim, iv) it was incorrect as to the invoices attached to the application initiating the proceedings.
Therefore, the respondent is asking the Court of Appeal to reform the judgment appealed of the 13th July, 2023, and proceed to uphold all the claims of the plaintiff appellant and dismiss all the other pleas of the respondents, with costs of both instances against the respondents.
Notification: Abdul Hannan, 38, Flat 3, of Mary, Triq Kappillan Mifsud, Ħamrun
MD Mashuk Miah, 5, Rommar, Triq il-Fanali, Santa Venera
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 187
187By means of a decree given by the Civil Court, First Hall, on the 5th December, 2023, in the records of Sworn application number 816/2023AJD, which was filed on the 26th July, 2023, in the names: Larsson Sven Patrik Martin et vs Rockwool Investments Ltd et, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Order the same respondents or any of them to pay said damages to the plaintiffs. With all costs and legal interest against the respondents who are from now summoned so that a reference to their evidence be made.
The Sworn application in the names mentioned above is postponed to 1st February, 2024, at 9.55 a.m.
Notify respondent: Vassallo David, 65, Regent House, Triq Bisazza, Tas-Sliema
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 188
188By means of a decree issued by the Civil Court, First Hall, on the 27th November, 2023, in the records of Sworn application number 1129/2023FDP, which was filed on the 28th September, 2023, in the names: Micallef Camilleri Isabelle Joselle et vs Borg Brendan, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Condemn the respondent Brendan Borg to vacate the land in Magħtab, Naxxar, in Triq ir-Ramla, of circa 13,000mk, which is marked Doc. A. With costs against the respondent who is from now summoned so that a reference to his evidence be made.
The Sworn application in the names mentioned above is postponed to 6th February, 2024, at 9.30 a.m.
Notify respondent: Borg Brendan. 2, Nid D’ Amour, St Pius Street, Mġarr, Malta.
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 189
189Notice, Registry of the Civil Court, First Hall
Whereas Nadezda Larsovna known as Nadia Calleja (ID 274911L) filed an application (number 11/2024JVC) demanding the correction of the Act of Birth number 2749/2011 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,
CORA CATANIA
For Registrar, Civil Courts and Tribunals
Notice 190
190By means of a decree delivered, by the Court of Appeal, on the 17th July, 2023, in the records of the application number 1208/2012 in the names Fenech Properties Limited (C44894) vs Ephraim Schembri (ID 441284 M), and Salvinu Schembri and by decree of the 8th April, 2019, due to the death of Salvinu Schembri during the proceedings, the case was transferred onto the names of Maria Schembri, Claudine Barbara, Josepha Guntrip, Ephraim Sam Schembri and Franridge Schembri, the following publication was ordered for the purpose of service of Ephraim Sam Schembri, Maria Schembri, Claudine Barbara and Franridge Schembri in terms of section 187 (3) et sequitur of Cap. 12.
By means of Appeal application number 1208/2012 the company Fenech Properties Limited (C44894) felt aggrieved by the judgment of the First Hall Civil Court of the 20th October, 2022, in the names premised on the basis of two grounds of appeal, namely, regarding the possession of the alley and the refusal of the Court of First Instance to authorized the removal of the concrete passage de quo.
Therefore, the appellant company respectfully requests this Honourable Court to reform the judgment appealed dated 20th October, 2022, in the names premised and this by confirming it in so far as it rejected the pleas of the respondents and upheld the first, second and third claims as regards the works in question which were carried out in the part in the field of the appellant company as explained in the judgment as well as in so far as the dividing wall was demolished or rather a rubble wall which separates the field in question from the passage subject of the cause and varies the judgement in so far as it rejected the first demand limitedly in order to remove the concrete which was placed in the passage and instead uphold the first demand in toto and consequently authorise all the works according to the second and third claims.
Notification : 1) Schembri Ephraim Sam 172, Chez nous, Dawret Ħal Għaxaq, Ħal Għaxaq
2) Maria Schembri, 172, Chez nous, Dawret Ħal Għaxaq, Ħal Għaxaq
3) Barbara Claudia k/a Claudine 90, ELISIR, Triq il-Ġistakor, Ħal Għaxaq
4) Franridge Schembri, 172, Chez nous, Dawret Ħal Ghaxaq, Ħal Għaxaq
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals