Court Notices published in Government Gazette No. 21,324 of 8th October 2024
Notice 2270
2270It is hereby notified that by virtue a decree issued on the 3rd of July 2024 given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of sworn application number 41/2024 (SG) in the names ‘Pierre Bonello versus Joseph Micallef et’ filed in the Registry in the said Court on the 24th of May 2024, the publication of the extract reproduced below was ordered and this in order to serve as a notification with regard the respondents Joseph Micallef (ID 44237G) and Mary Rose Micallef (ID 5544G) having address at 5, Triq il-Kortoll, Xagħra, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.
In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section
Whoever receives this sworn application against him must present their sworn reply within 20 days from the date of notification, that is from when they receive it. If the written sworn reply is not presented as the law requires by the time mentioned, the Court will proceed to hand down the decision according to the law. Therefore, it is in the interest of the person who receives this sworn application to consult a lawyer without delay so that the Court would hear what they have to say in the case.
Sworn application number 41/2024 (SG)
Pierre Bonello (ID 0458284M)
(38, Triq San Ġużepp, Senglea)
vs
Joseph Micallef (ID 44237G)
Mary Rose Micallef (ID 5544G)
(5, Kortoll Street, Xagħra, Gozo)
Sworn Application of Pierre Bonello (ID 0458284M)
Who respectfully declares and confirms on oath:
1. Whereas he is the owner of a portion of agricultural land known as Tal-Merżuq in the district of Marsalforn limits of Żebbuġ, Gozo, measuring 22,795 sq.m. according to two contracts of the 25th of November, 2023, in the acts of Notary Dr Mary Grace Mifsud Lia, herewith attached and marked as Documents A and B;
2. Whereas this land is officially indicated with the aforementioned acquisition deeds attached herewith and marked as Document C;
3. Whereas this land was tilled by three farmers namely Crispinu Attard, Angelo Gafà and the respondent Joseph Micallef, and they used to pay for each respective portion of land that they tilled the respective lease of Lm4.50 and a hen, Lm8.50 and two hens, while the respondent Joseph Micallef used to pay €10.48, as results from the documents D, E, F attached herewith;
4. Whereas the lease of the portions of lands occupied by Crispinu Attard and Angelo Gafà have been terminated and the portions of lands in question returned to the owners, while Joseph Micallef is still cultivating the four tumolos the land according to Document C, marked in red;
5. Whereas Crispinu Attard used to cultivate circa four and a half tumolos of land while Angelo Gafà tilled circa eleven tumolos;
6. Whereas the respondent Joseph Micallef possessed himself of the portions of land that were tilled by Crispinu Attard and Angelo Gafà even though these portions reverted into the possession of the owner and this back in the year 1976 and 1982 respectively;
7. Whereas the plaintiff’s antecedent had allowed the respondent to take care of these portions of land without issuing a title of lease to the same respondent on these portions that were previously tilled by Crispinu Attard and Angelo Gafà, which portions of land were equivalent to 17,422 sq.m. forming part of the agricultural lands known as Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo;
8. Whereas the respondent never had a lease title on these portions of land as explained above;
9. Whereas the claimant néeds the same lands for his use in order to plant vines and olive trees;
10. Whereas the applicant asked the said Joseph Micallef to evict from the portions of the land in question save for that portion leased to him, also by means of a letter of the 21st of February, 2024, and a judicial letter of the 6th of March 2024 copies of which are attached hereto and marked as documents G and H;
11. Whereas by means of a judicial letter dated 1st of April, 2024, herewith attached and marked Document I, Joseph Micallef claimed that the portions of land that were released by the farmers Crispinu Attard and Angelo Gafà are now included in his lease even though he always continued paying the same amount of the lease with regard to the land he was tilling;
12. Whereas the only lease title that the respondent Joseph Micallef has is that of four tumoli of lands of Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo, where he tills;
13. Whereas therefore it is necessary that the respondent be evicted from the portion of the land of about fifteen and a half tumoli from the lands of Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo and namely on those on which he has no title of lease namely those portions of land which were being tilled by Crispinu Attard and Angelo Gafà, and this since he does not have a valid title of lease on these same portions of land;
14. Whereas despite the fact that the plaintiff called upon the respondent in order to release the full possession the portions of land of circa fifteen and a half tumoli of the land of Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo, he remained in default and therefore this lawsuit had to be filed.
Therefore, the respondents, prior to any necessary and opportune statement and for the aforementioned reasons, are asked to state why this Honourable Court should not:
i) Declare and decide that the claimant is the owner of a portion of agricultural land known as Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo, measuring 22,795 sq.m. according to two contracts of the 25th of November, 2023, in the acts of the Notary Doctor Mary Grace Mifsud Lia;
ii) Declare and decide that the respondents must evict from circa fifteen and a half tumoli equivalent to 17,422 sq.m. of the agricultural land known as Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo, considering that it has been illegally and abusively occupied by the respondents according to the plan here attached and marked Document C;
iii) Consequently, it orders the respondents to evict from circa fifteen and a half tumoli equivalent to 17,422 sq.m. of the agricultural land known as Tal-Merżuq in the area of Marsalforn limits of Żebbuġ, Gozo, considering that it has been unlawfully and abusively occupied by the respondents according to the plan herewith attached and marked Document C.
With the costs, including those of the legal letter of 21st of February, 2024, and of the judicial letter of the 6th of March, 2024, and with the summons of the respondents for their oath.
Advocate Edward DeBono
Advocate Chantal Bezzina
Legal Procurator Adriana Buhagiar
This sworn application is deferred for notification to the 29th of October 2024 at 11.20 am, in the building of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo, before the Magistrate Dr Simone Grech.
MARGARET DE BATTISTA
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 2271
2271ARB/C057/2020 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 2nd October, 2024 given by the Criminal Court – (Hon. Mister Justice Dr Neville Camilleri LL.D.). In the case:
The Republic of Malta
Versus
DARREN DEBONO;
JEFFREY CHETCUTI, fisherman, 50 years, son of Saviour Chetcuti and Hilda Chetcuti née Bonsfield, born in Tal-Pietà, Malta on the 22nd April, 1974, and residing at 18, Triq Dun Pawl Micallef, Rabat, Gozo, and holder of Maltese Identity Card bearing number 215774M.
WORLD WATER FISHERIES LIMITED;
ANDREA MARTINA LIMITED;
MARIE DE LOURDES COMPANY LIMITED;
AND
COAST LIMITED;
The Court AUTHORISES the accused JEFFREY CHETCUTI to pay the arrears due on the loan account registered in his name and held with the HSBC Bank Malta plc in the sum of €1,624.51. That this payment shall be made from the bank account registered in the name of the accused ending in -5001 and held at the HSBC Bank Malta plc.
This variation is being published in terms of Article 36 (5) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello LL.D.) on the 24th November, 2020 which was published in the Government Gazette on the 1st December, 2020 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Darren Debono, JEFFREY CHETCUTI, World Water Fisheries Limited, Andrea Martina Limited, Marie De Lourdes Company Limited, and Coast Limited.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 2272
2272ARB/C076/2024 – SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 12th September, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello LL.D.). Compilation Number 406/2024, in the case:
The Republic of Malta
Versus
WAJID SHAUKAT ALI, employed, 38 years, son of Shaukat Ali and Fakhra Shaukat Ali, born in Libya on the 22nd July, 1986, and residing at 37, ‘The Forum’, Block C, Flat 9, Triq ir-Rampila, Swieqi and/or 79, ‘Valencia Court’, Flat 2, Triq il-Kappella ta’ Xagħra, Naxxar and holder of Maltese Identification document bearing number 80542A and Maltese Identity Card bearing number 234819L.
The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused WAJID SHAUKAT ALI from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by him or being in his possession up to the limit of twenty million Euro (€20,000,000), and this in terms Article 36 (1) and Article 36 (4)(a) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.
Any person who acts in contravention of the court order mentioned in Article 36 (1) and Article 36 (4)(a) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand Euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 2273
2273ARB/C077/2024 – SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 12th September, 2024 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello LL.D.). Compilation Number 438/2024, in the case:
The Republic of Malta
Versus
FAKHRA SHAUKAT ALI, pensioner, 67 years, daughter of the late Mohamed Ismhael and the late Fiza, born in Pakistan on the 25th December, 1956, and residing at 37, ‘The Forum’, Block C, Flat 9, Triq ir-Rampila, Swieqi and holder of Maltese Identification document bearing number 110692A.
The Court ORDERED the attachment of any property in the hands of third parties for which there is reasonable cause to believe that the property is subject to confiscation, and is restraining and prohibiting the accused FAKHRA SHAUKAT ALI from transferring, pledging, hypothecating, or otherwise changing or disposing of any such property and of such other property owned by her or being in her possession up to the limit of twenty million Euro (€20,000,000), and this in terms of Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, Article 36 (1) and Article 36 (4)(a) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.
Any person who acts in contravention of the court order mentioned in Article 23A, Article 36 (1) and Article 36 (4)(a) referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand Euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
MR ANTON SEVASTA
Director, Asset Recovery Bureau
Notice 2274
2274By means of a decree of the 16th July, 2024 of the Rent Regulation Board, in the records of the Application in the names John Scicluna et vs Maria Dolores sive Mary Doris Ellul, Application Number 209/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Maria Dolores sive Mary Doris Ellul 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 John Scicluna (ID 0933250M), Anthony Scicluna (ID 0746252M), Carmel Scicluna (ID 0610954M), Mary sive Miriam Spiteri (ID 562555M) and Andrew Scicluna (ID 025264M) vs Maria Dolores sive Mary Doris Ellul (ID 545757M), filed in the Rent Regulation Board, on the 3rd May, 2024, the applicants John Scicluna et requested this Honourable Board why it should not:
1. Order that a means test of the respondent be carried out and this in application of the provisions of Article 4A(3)(c) of Chapter 69 of the Laws of Malta;
2. Give those orders that it deems opportune, according to the results of the means test and namely that if the criteria of the means test are not met, order immediately the eviction of the respondent from the premises 68A in Sqaq il-Parroċċa, Ħal Luqa within a peremptory period established by this same Board according to law, and liquidate the compensation due in terms of Article 4A(4) of Chapter 69 of the Laws of Malta and order the respondent to pay the compensation so liquidated; or
3. If the criteria of the means test are met, order the continuation of the relative lease, establish new conditions regarding the payment of rent, and declare that the rent is to be revised to 2% per annum of the free and unencumbered open market value of the premises with effect from the 1st January, 2024 and order that the rent be paid by the respondent as declared;
With costs and legal interest against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action which may be filed.
notification: 68A, Sqaq il-Parroċċa, Ħal Luqa
Housing Authority
The application in the names John Scicluna et vs Maria Dolores sive Mary Doris Ellul, Application Number 209/2024CG has been postponed for hearing to the 31st October, 2024 at 9.50 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2275
2275By means of a decree of the 16th July, 2024 of the Rent Regulation Board, in the records of the Application in the names John Scicluna et vs Maria Dolores sive Mary Doris Ellul, Application Number 206/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Maria Dolores sive Mary Doris Ellul 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 John Scicluna (ID 0933250M), Anthony Scicluna (ID 0746252M), Carmel Scicluna (ID 0610954M), Mary sive Miriam Spiteri (ID 562555M) and Andrew Scicluna (ID 025264M) vs Maria Dolores sive Mary Doris Ellul (ID 545757M), filed in the Rent Regulation Board, on the 3rd May, 2024, the applicants John Scicluna et requested this Honourable Board why it should not:
1. Order that a means test of the respondent be carried out and this in application of the provisions of Article 4A(3)(c) of Chapter 69 of the Laws of Malta;
2. Give those orders that it deems opportune, according to the results of the means test and namely that if the criteria of the means test are not met, order immediately the eviction of the respondent from the premises 68B in Sqaq il-Parroċċa, Ħal Luqa within a peremptory period established by this same Board according to law, and liquidate the compensation due in terms of Article 4A(4) of Chapter 69 of the Laws of Malta and order the respondent to pay the compensation so liquidated; or
3. If the criteria of the means test are met, order the continuation of the relative lease, establish new conditions regarding the payment of rent, and declare that the rent is to be revised to 2% per annum of the free and unencumbered open market value of the premises with effect from the 1st January, 2024 and order that the rent be paid by the respondent as declared;
With costs and legal interest against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action which may be filed.
notification: 68B, Sqaq il-Parroċċa, Ħal Luqa
Housing Authority
The application in the names John Scicluna et vs Maria Dolores sive Mary Doris Ellul, Application Number 206/2024CG has been postponed for hearing to the 31st October 2024 at 9.50 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Court Warrant
2276By means of a decree of the 16th September, 2024, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 1188/2024 in the names (Applicant) Tanya Fenech et vs (respondent) Carmen Yates et the following publication was ordered for the purpose of service of the respondent Carmen Yates and David Yates in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12)
By means of an application in the Rent Regulation Board, in the names (applicants) Tanya Fenech (ID 41267M), Maria sive Maryrose Borg (ID 703034M) and Peter Borg (ID 117164M) vs (respondent) Carmen Yates (ID 0065440M) and David Yates (ID 77201L) for any interest he may have, filed on the 15th July, 2024, the applicants Tanya Fenech (ID 41267M) et asked this Honourable Board:
To order the issuing of a Warrant of Eviction against the respondents (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondent failed to do this till this day.
Premises: 41, Moroni Street, Gżira.
Judgement: according to a judgement decided by the Rent Regulation Board application number 96/2024CG in the names Tanya Fenech et vs Carmen Yates et decided on the 4th June, 2024, whereby the eviction from the premises 41, Moroni Street, Gżira was ordered within thirty days from the date of the judgement, which term was peremptory and which has now passed and this according to the same judgement a legal copy of which is here attached and marked as document MMT1.
Filed by Dr Mariona Magri Tabone and PL Katrina Zammit Cuomo.
Warrant of Eviction
Republic of Malta
To the Court Marshall
Given by the Court , above mentioned, with the witness of the Hon. Dr Joseph Gatt LL.D., Doctor of Laws.
Notification: respondents: 41, Moroni Street, Gżira.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2277
2277By means of a decree of the 11th September, 2024 of the Rent Regulation Board, in the records of the Application in the names Naipaul Developments Limited vs Antonia Buhagiar, Application Number 194/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Antonia Buhagiar 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 Naipaul Developments Limited (C38944) vs Antonia Buhagiar (ID 752646M) filed in the Rent Regulation Board, on the 25th April, 2024, the applicant Naipaul Developments Limited (C38944) requested this Honourable Board why it should not:
1. Orders that the means test of Antonia Buhagiar (ID 752646M) be carried out in terms of Act XXIV which shall be based on the means test established in the Rules of the Continuation Tenancies in terms of Article 1622A of the Civil Code and any regulations which may from time to time replace them;
2. Declare in terms of Act XXIV of 2021, the rent of the premises 78, Triq San Ġorġ, Ħal Luqa, be revised to an amount not exceeding 2% per annum of the free and unencumbered open market value and to establish new conditions regarding the lease if applicable.
3. Order and condemn the respondent Antonia Buhagiar (ID 752646M) start paying such increased rent in terms of Act XXIV of 2021;
4. Order in case the respondent does not satisfy the criteria of income and capital of the means test the eviction of the same respondent from the above mentioned premises within a short and peremptory time established by this Board and by not later than two years,
With costs against the respondent who is from now summoned so that a reference to her oath be made.
applicant: Naipaul Developments Limited, Loyka, St Catherine Street, Qrendi.
notification: Antonia Buhagiar – 78, Triq San Ġorġ, Ħal Luqa
Housing Authority
The application in the names Naipaul Developments Limited vs Antonia Buhagiar, Application Number 194/2024CG has been postponed for hearing to the 29th October, 2024 at 10.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2278
2278By means of a decree of the 9th July, 2024 of the Rent Regulation Board, in the records of the Application in the names Francis Camilleri pro et noe vs Hudson Alexander Herbert, Application Number 165/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Hudson Alexander Herbert 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 Francis Camilleri (ID 885745M) in his own name and on behalf of Wilfred Camilleri (Can Pass HP505818) and Joseph Paul Camilleri (Can Pass GC083460) and Mary Rita Zammit (ID 281258M) all brothers and sisters Camilleri vs Hudson Alexander Herbert (ID 322566M) filed before the Rent Regulation Board, on the 3rd April, 2024, the applicants Francis Camilleri et requested this Honourable Board to:
1. Establish whether the respondent lessee Alexander Herbert Hudson qualifies under Art 12 A or B of Cap 158 to continue letting the said premises situated at 61, the Hollies Triq Carini, Santa Venera;
2. In the event that he qualifies to establish the new lease conditions and order the revision of the lease up to a maximum of 2% of the value of the property sold on the open market after establishing this value if necessary through nominated architects or alternatively;
3. In the event that the respondent lessee does not qualify since he passes the means test and refuses to pay the new rent computed, order his eviction as required by law and liquidate the appropriate compensation due to the lessor.
With costs against the same respondents and without prejudice to any other remedy.
Applicants: c/o 22, Triq Leli Falzon, Naxxar.
Respondent: 8 Censina House, Triq Pawlu Saliba, Ħamrun.
Housing Authority
The application in the names Francis Camilleri et vs Hudson Alexander Herbert, Application Number 165/2024CG has been postponed for hearing to the 24th October 2024 at 10.20 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2279
2279By means of a decree of the 26th June, 2024 of the Civil Court (Family Section), in the records of the application in the names Mirjana Farrugia v s Clifford Farrugia, Application Number 13/2024JPG, the following publication was ordered for the purpose of effecting service on the respondent Clifford 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 records of the application Number 13/2024JPG in the names Mirjana Farrugia (KI 36690M) vs Clifford Farrugia (ID 319088M), filed in the Civil Court (Family Section), on the 19th January, 2024, the applicant Mirjana Farrugia (ID 36690M) requested this Honourable Court to:
1.Pending these proceedings:
a) Establish an adequate amount of maintenance to be paid by the respondent for the minors, including expenses related to education, health and extra-curricular activities, and order the payment of this sum so established;
b) Order that the minors reside with the applicant in the matrimonial home to the exclusion of the respondent;
c) Give those orders in relation to who is to take care of the children as it deems fit;
d) Appoint a social worker and other professionals including a child psychologist to assess the family situation and follow ups according to the needs of the family;
e) Order adequate access to the father for the minor under the supervision of the Support Agency and this in the best interest of the minors;
2. Decide and declare that the marriage between the parties irretrievably broke down for the reasons premised, imputable solely to the respondent Clifford Farrugia and pronounce the personal separation between them;
3. Establish an adequate amount of maintenance to be paid by the respondent for the minors, including expenses related to education, health and extra-curricular activities and order the payment of this sum so established;
4. Order that the residence of the minors be that with the applicant, including;
5. Order that the care and custody of the minors be entrusted exclusively to the applicant;
6. Authorise the applicant to take all decisions regarding the minors, both those of an ordinary nature and those of an extraordinary nature and namely those in relation to their education, health extra-curricular activities and decisions regarding the issuing of passports and travel without the necessity of the signature of the respondent;
7. Appoint a social worker and other professionals including a child psychologist to assess the family situation and follow-up on the needs of the family;
8. To order adequate access to the father for the minors under the supervision of the Support Agency and this in the best interest of the minors;
9. Liquidate the Community of acquests existing between the parties by the appointment of referees to establish the value of the immovable property of the Community of acquests and assign to each of the parties the portion due to it from the same Community of acquests which properties are not necessarily equal in view of the fact that the respondent is solely responsible for the breakdown of the marriage.
10. To apply against the respondent all that contemplated in Art 47 to Art 52 of Chapter 16 of the Laws of Malta in so far as applicable.
11. Appoint a Notary Public to receive the relative deed of sale and deputy curators to represent the eventual respondents on the same deed.
With costs against the respondent including those of all procedures before the Civil Court (Family Section) who is from now summoned so that a reference to his oath be made.
The application in the names Mirjana Farrugia vs Clifford Farrugia, Application Number 13/2024JPG has been postponed for hearing to the 24th October, 2024 at noon.
Applicant: Mirjana Farrugia – Szerelem, Triq il-Hortan, Marsaskala.
respondent: Clifford Farrugia – Szerelem, Triq il-Hortan, Marsaskala.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2280
2280By means of a decree of the 28th August, 2024 of the Civil Court (Family Section), in the records of the Mediation in the names Abigail Saliba vs Conan Saliba, Mediation Number 723/2024AL, the following publication was ordered for the purpose of effecting service on the respondent Conan Saliba 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 records of the Mediation Number 723/2024AL in the names Abigail Saliba (ID 97489M) vs Canon Saliba (ID 253687M), filed in the Civil Court (Family Section), on the 19th June, 2024, the applicant Abigail Saliba requested this Honourable Court to:
1. Appoint this application for hearing;
2. Order that the children of the parties be heard behind closed doors or alternatively, appoint professionals to speak with the children;
3. Suspend the aċċess of the father in regard to the three minors for that period which in the circumstances appears appropriate and which is in the best interest of the same minor.
Saving any further provision that this humble Court deems fit and opportune in the circumstances of the case.
Applicant: 153, St Anne’s Court, Blk C, Flat 2, Triq Dun Rene Cilia, Ħal Qormi.
Notification: 74, Lochearn, Triq Ġorġ Zammit, Ħal Qormi.
Civil Court (Family Section) – Honourable Madam Justice Abigail Lofaro LL.D., Dip. Stud. Rel., Mag. Jur. (Eur. Law.)
Letter No 723/2024AL
The Court,
Having seen the application;
Orders the notification to the couterparty with five (5) working days within which to submit a reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2281
2281By means of a decree of the 22nd February, 2024, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1901/2022 in the names Automated Revenue Management Services Limited noe vs Mario Busuttil the following publication was ordered for the purpose of effecting service on the respondent Mario Busuttil in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Mario Busuttil – ID 616855M of Binja Hesri, Ent C, Flt 5, Triq Dun Anton Vella, Siġġiewi.
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 €2,092.04 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 the utility bills with number 101000173720 regarding the premises with address Flt 5, Blk C, Wied Hesri, Siġġiewi.
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 2282
2282By means of a decree of the 1st February, 2024, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 3208/2023 in the names Automated Revenue Management Services Limited noe vs Martin Zisa the following publication was ordered for the purpose of effecting service on the respondent Martin Zisa in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Martin Zisa – ID 21177M of Bieb B, Fl 1, Telgħet Raħal Ġdid, Paola.
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 €9,104.88 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 the utility bills with number 411000261646 regarding the premises with address Flt 1, DR B, Skema 2, Telgħet Raħal Ġdid, Paola.
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 2283
2283By means of a decree of the 28th May, 2024, in the records of the judicial letter number 3117/2022, in the names HSBC Bank Malta plc vs Salvatore Lo Monaco, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Salvatore Lo Monaco in terms of Article 187(3) et seq of Chapter 12.
In the Courts of Magistrates (Malta)
To Salvatore Lo Monaco (ID 33148A) of Crystal Court, Flat 18, Triq il-Halel, San Pawl il-Baħar, SPB 2523.
By means of this present, HSBC Bank Malta p.l.c. (C3177) of 32, Merchants Street, Valletta
Brings to your formal notice the fact that on the 22nd November, 2022 you were in delay of payment of the loan given to you in the acts of Notary Dr Robert J Muscat, dated 30th September, 2008 in the amount of €1933.32 and thus the interpellant company solicits you so that within two days you pay the said amount. The interpellant company informs you also that this sum of arrears increases by €409.07 per month after that date.
Solicits you so that within two days from the notification of this letter you pay the amount of €419.12 representing as for the amount of €409.07 as capital and as for the amount €10.05 as interest that accrued on the capital from the 22nd November, 2022 on this account holding number 006-162226-050, which amount is Encroachment on the Savings Account that was duly given to you, by the interpellant Bank and accepted by you, besides the interest from the 23rd November, 2022 till the date of this letter, together with legal interest on the capital amount from the date of this letter till the date of effective payment which amount although you repeatedly were solicited for remained in default.
Informs you that if you fail to pay all the arrears due within fifteen days from the date of notification of this letter, the entire balance of the loan becomes due all at once besides the legal interest at the rate of 8% per annum until the date of effective payment.
To avoid useless Court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a Notary.
This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
In default further procedures will be taken against at Court without further notice.
So much so that you may know how to regulate yourselves.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2284
2284By means of a decree given by the Civil Court, First Hall, on the 26th June, 2024, in the records of Sworn Application No:536/2024TA, which was filed on the 14th May, 2024 in the names: Laferla Insurance Agency Limited vs Biro Zoltan, the following publication was ordered, in terms of Article 187 et seq. 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 sum of sixty five thousand euros (€65,000). With all costs and legal interest against the respondent who is summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 21st October, 2024 at 9.30 a.m.
Notify Respondent: Biro Zoltan. 259, Flat 1, D’ Argens Street, Gżira
CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2285
2285By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 8th August, 2024, in the records of Constitutional Application No:280/2024MS, which was filed on the 3rd June, 2024 in the names: Micallef Mariella et vs State Advocate et, the following publication was ordered, in terms of Article 187 (3) et seq. of Cap.12 for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others; Liquidate the damages suffered by the applicants and condemn the respondents or either of whom to pay accordingly. With costs.
The Constitutional Application in the names mentioned above is postponed to 24th October, 2024 at 9.00 a.m.
Notify Respondent: Zammit Mark. 134, St Catherine, Flat 5, Sawmill Street, Msida
CARMEL ABELA, M.SC. IN MANAGEMENT. D.P.A.; DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2286
2286By a decree of the Court of Magistrates (Malta) of the 6th September, 2024, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).
By means of an application filed on the 31st May, 2024 in the records of the garnishee order with number 1089/2008 in the names Network Publications Ltd (C21054) vs L’Orafo Ltd, whereby 35°14° Capital SCC plc (C105417) for and on behalf of Cell Couros requested with respect that this Honourable Court authorise the applicant company to have excess to the safety deposit locker which is in the possession of the company Bank of Valletta plc including if necessary by force open the same for the purpose of verifying the objects pledged in its favour and for their valuation.:
Notification – – Network Publications Ltd – Level 2, Angelica Court, Giuseppe Cali Street, Ta’Xbiex.
In the Court of Magistrates (Malta)
Magistrate Marseanne Farrugia LL.D.
The Court,
Saw the application of the company 35 ° 14 ° Capital SCC plc nomine of the 31st May, 2024;
Orders that the notification of the same application to the company Network publications Ltd and to the State Advocate as successors in title according to the law of the debtor company which have seven (7) days from service to file a reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2287
2287Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 10th August, 2023, following a request by Konrad Ferris et vs deputy curators to represent the unknown owners in the records of the schedule of deposit number 1644/2023 in the names Konrad Ferris et vs deputy curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent, number 1644/2023 in the names of Konrad Ferris, son of Louis Ferris and Anna Ferris nèe Zarb, born in Attard on the 16th December, 1971 together with his wife Romina Ferris, daughter of Carmelo Tabone and Alessia Tabone nèe Ellulo, born in Ħ’Attard on the 19th July, 1975 borth residing at Flat 3, Tat-Tarġa West, Triq it-Torri tal-Kaptan, Naxxar (ID 19472M and ID337575M respectively), Maurizio Francica, son of Louis Francica and Mary Rose Francica nèe Debono, born in Sliema on the 4th November, 1971 together with his wife Gertrude Francica, daughter of Louis Ferris and Anna Ferris nèe Zarb, born in Attard on the 18th October, 1975 both residing at 86, Triq Fidiel Zarb, Ħal Għargħur (ID 533271M and 522175M respectively) vs deputy curators to represent the unknown owners, filed in the First Hall of the Civil Court on the 9th August, 2023 the applicants Konrad Ferris et respectfully submitted:
That the applicants possess the maisonette number 45 previously with number 12 with the name Fedora, Resort Street, (Triq il-Villeġġatura), Saint Paul’s Bay, as subject to the annual and perpetual groundrent of Lm3.50 equivalent to €8.16 otherwise free and unencumbered with all its rights and appurtenances, marked on the site plan which is here attached and marked as Doc A and this as better described in the deed published by Notary Hugh Grima of 14th February, 2002 Doc B;
That this property is residential;
That the applicants wish to avail themselves of the faculty given to them by Article 1501 of the Civil Code and redeem this same groundrent and thus amounts to €163.20.
Thus the applicants are humbly calling upon this Honourable Court and under its authority deposit the global amount of €212.16 representing €40.80 arrears of five (5) years groundrent, €8.16 payment of laudemium and €163.20 price of redemption of this annual and perpetual groundrent regarding the immovable above mentioned to be freely withdrawn by the owners, after leaving the due receipt.
Applicants: 86, Triq Fidiel Zarb, Ħal Għargħur.
Notification: Director Public Registry, 197, Triq il-Merkanti, Valletta
deputy curators
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 Joseph R Micallef LL.D. Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2288
2288Notice in terms of article 495A of the Civil Code
Issued by the Court of Magistrates (Gozo)
Superior Jurisdiction, General Section
Application number: 56/2024
Application in terms of Article 495A of the Civil Code
Flavia Cassar (38255G), appearing both in her own name and for and on behalf of Claudia sive Gladys Vella (632052G) and Joe Grech (43754G).
Mary Muscat (76243G);
Rose Caruana (90345G);
Carmelo Buttigieg (2055G) appearing for and on behalf of Frank Grech (37444G); Salvatore Grech (47947G); Joseph Grech (78345G); Alfonsina Galea (4950G); Anthony Grech (35251G); Emanuela sive Lilian Mercieca (31657G); Stephen Grech; Simon Peter Grech; and Ann Rita Bellinvia.
Lawrence Joseph Grech (308948M);
Grace Naudi (743852M);
Paul Joseph Grech;
Josephine sive Josette Cauchi Garzia (465647M);
Friar Richard Grech OFM (747655M); appearing both in his own name and in the name and in representation of Alice Cauchi; Gilbert Grech and Patricia Mary Magro.
Peter Cremona (353952M), appearing both in his own name and for and on behalf of John Cremona.
Josephine Mary sive Joyce Vella (816347M), appearing both in her own name and for and on behalf of Carmela sive Lina Sant (727645M); Carmelo sive Charles Borg (283554M); and Marika Debono.
Aldo Borg (85651M);
Maria Carmela sive Marlene Bonello (288549M, appearing both in her own name and on behalf of John Grech (30554M); Agnes Formosa (424155M); Raymond Grech (462561M); Anthony Grech (687962M); Eileen Grech (218351M); Maria Micallef (204189M); Paula Montfort; Michael Grech (279485M).
Maria Ella sive Mariella Busuttil (277445M); appearing both in her own name and for and on behalf of Anthony Grech Sant (861349M); Joseph Grech Sant (861349M); Marie Therese Debono (262853M); and Teresa sive Terry Preca (597034M).
Philip Mercieca (611947M) that he is appearing for and on behalf of Frances Mercieca (261125M).
Marisa Azzopardi Holland (365769M), appearing both in her own name and on behalf of Karl Grech Orr (510164M).
Caroline Carbonaro (726661M);
Frances Azzopardi (76340G), appearing both in her own name and for and on behalf of John Azzopardi (40639G) and Joseph Azzopardi (59231G);
Salvina Spiteri (28946G);
Carmen Camilleri (4850G);
Maria Assunta Grech (49442G), appearing for and on behalf of Emanuel Grech (729G);
Maria Cauchi (75133G);
Joseph Xuereb (20633G);
Anthony Grima (59360G);
Giovann Grima (22572G);
Loreto Attard (22060G), appearing both in his own name and for and on behalf of Joseph Attard.
Francesca Borg (62457G);
Marita Pisani (27576G).
Paulson Cassar and Claudio Cassar (4776G) for any interest they may have.
Vs
Ian Grima
Anthony Galea
Janet Curmi
Lawyer Dr. Angele Formosa who by decree of the 4th of September, 2024 was nominated deputy curator to represent the absent Jennifer, Peter Raymond and John siblings Grech; Christine Caddaye, Jeff Grech, Brian Grech Mary Xuereb, Michael Xuereb and Anglea Cremona.
Application by Flavia Cassar pro et no et
Respectfully submit and under oath of Flavia Cassar is being confirmed:
1. That this application relates to (1) a portion of land known as “Ta ’Sant’Eliju”, situated in the limits of Għajnsielem, Gozo measuring approximately six hundred and sixty nine square metres (669 sq.m.), bounded on the South East, South and East by entrance to Sant’Eliju, or more precise boundaries subject to share of a perpetual ground rent, otherwise free and unencumbered with all its rights and obligations; as well as (2) a portion of land known as “Ta’ SanťEliju”, which is situated in the limits of Għajnsielem, Gozo measuring approximately seven hundred and fifty five square meters (755 sq.m.) bounded on the North by a road in the field and all other boundaries with the property of the family Ciantar or more precise boundaries, subject to share of a perpetual ground rent otherwise free and unencumbered; as well as (3) a portion of land known as “Ta’ Sanť Eliju” situated in the limits of Għajnsielem Gozo measuring approximately two thousand, five hundred and thirty-one square meters (2531 sq.m.) bounded on the West and South by entrance to Sant’Eliju, on the North by a road in the field or more precise boundaries, subject to share of a perpetual ground rent, otherwise free and unencumbered with all its rights and appurtenances.
2. That all the parties, except for Paulson Cassar and Claudio Cassar, (who are the proposed purchasers and who are quoting for any interest they may have), are co-owners of the portions of land above described.
3. That all the applicants except for Paulson Cassar and Claudio Cassar are the owners of an absolute majority share of that property whilst the defendants are the owners of a small and minority share.
4. That originally this property belonged to Guzeppa Grech who died on the tenth (10) January of the thousand, nine hundred, seventy-four (1974) and which had been assigned to her in virtue of a contract of division of the twenty-fifth (25) February of the thousand, nine hundred and fifty (1950) in the records of Notary Francesco Gauci.
5. That in her will Guzeppa Grech did not nominate heirs and thus her inheritance was devolved on her siblings or children of her siblings where they were deceased.
6. That all this can be established by a family tree which is being exhibited with this application.
7. The co-owners majoritarian plaintiffs wish to sell this property and therefore came into an agreement with the other plaintiffs Paulson Cassar and Claudio Cassar by means of a preliminary agreement of the twenty seventh (27) August of the year two thousand and nineteen (2019).
8. That on the said preliminary agreement the vendors bound themselves to file all those procedures before the competent Court for the acquisition of the share of the other co-owners dissident the application of Article 495A of the Civil Code, Cap. XVI of the Laws of Malta.
9. That the applicants believe that the price of the proposed sale as results from the same promise of sale at the time the same promise of sale was made is fair and that the defendants will not suffer any prejudice due to the fact that this transfer will be made, since it appears that they have no purpose but to deprive or to deprive the other vendors of the possibility to sell this property.
Thus the applicants humbly requests that this Honourable Court saving the publication of this application in the Government Gazette and in another Local Gazette in terms of Article 495A of Chapter XVI of the Laws of Malta:
1. Declare that the price that is the value proposed for the transfer of the applicant’s share for the proposed sale according to the promise of sale annexed, is fair and real and that the same value and conditions should apply to the share due to defendants from this same property.
2. Approve the proposed transfer towards the indicated price and the conditions indicated and order the publication of the deed of sale as regards the share pertaining to the defendants, on a day, time and place to be fixed by this Honourable Court ad opera of Notary Dr Anna Maria Mizzi who was the Notary in charge of the vendors and who carried out the searches to publish the opportune deed of sale with the intervention of deputy curators to represent the eventual defaulters on that act.
With all costs against the defendants who are from now summoned so that a reference to their evidence be made.
The application is appointed for hearing for Thursday, 21st November, 2024 at 8.15 a.m.
This, 4th October, 2024
DANIEL SACCO
For the Registrar, Gozo Courts and Tribunals
Notice 2289
2289By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th June, 2024, Application number 113/2024/1, by Maria Dolores sive Doris Baldacchino pro et noe whereby they requested that it be declared open in favour of Maria Dolores sive Doris Baldacchino in her own name and on behalf of her sister Victoria Sultana, Victor Cini, Helen Tonna, Josephine Vella, Carmen Agius, Mario Cini, Nazzareno Cini, Louis Cini, Anna Galea and John Cini brothers and sisters of the decujus in equal shares between them the succession of Paul Cini, bachelor, son of the late Peter Cini and Jane Cini née Mifsud, born in Birkirkara, Malta, resided in Swieqi, Malta, and died in Msida, Malta, on the 7th June, 2023, aged 62, and who held identity card number 619560M.
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 2290
2290By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th September 2024, Application number 792/2024, by Alice Farrugia whereby she requested that it be declared open in favour of Alice Farrugia, daughter of the decujus the succession of Jolanda Aquilina née Tabone, widow of Joseph Aquilina, daughter of the late Paolo Tabone and Paola Tabone née Vella, born in Rabat, Malta, resided in Rabat, Malta, and died in Rabat, Malta, on the 17th May, 2007, aged 64, and who held identity card number 0013643M.
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 2291
2291By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th September, 2024, Application number 785/2024, by Stephania Spiteri et whereby they requested that it be declared open in favour of Stefania Spiteri and Clifton Spiteri brother and sister of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Darren Spiteri, bachelor, son of the late John Spiteri and Mary Spiteri née Calleja, born in Tal-Pietà, Malta, resided in Marsa, Malta, and died in Birkirkara, Malta, on the 8th May, 2024, aged 41, and who held identity card number 0190283M.
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 2292
2292By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th August, 2024, Application number 769/2024, by Spiridione Azzopardi whereby he requested that it be declared open in favour of Spiridione Azzopardi, 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 Saviour Azzopardi, Stefania Schembri née Azzopardi, Barbara Bugeja née Azzopardi and Veronica Bannallack née Azzopardi children of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Mary Azzopardi née Grech, wife of Spiridione Azzopardi, daughter of Emanuel Grech and Carmela Grech née Vella, born in Tal-Pietà, Malta, resided in Tal-Pietà Malta, and died in Msida, Malta, on the 30th December, 2023, aged 66, and who held identity card number 0360757M.
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 2293
2293By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th July, 2024, Application number 624/2024, by Alexandra Maria Meadows whereby she requested that it be declared open in favour of Alexandra Maria Meadows daughter 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 Stefan Andrew Camilleri and Jarrad Daniel Camilleri children of the late Chrisopher Anthony Camilleri the latter son of the decujus in equal shares between them the succession of Antonia Patrina Camilleri, widow of Lawrence Rock Camilleri, daughter of Gerald Azzopardi and Loreta Azzopardi née Scicluna, born in St Julian’s, Malta, resided in England and died in Twickenham, England, on the 16th April, 2024, aged 91, and who held identity card number 107333M.
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 2294
2294By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd August, 2024, Application number 735/2024, by Yasmine Nuvoli whereby she requested that it be declared open in favour of Yasmine Nuvoli the succession of Teresa Bonello, unmarried, daughter of the late Francis Bonello and Giuseppa Bonello née Borg, born in Tal-Pietà, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 23rd March, 2024, aged 79, and who held identity card number 0793544M.
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 2295
2295By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th August, 2024, Application number 759/2024, by John Vella whereby he requested that it be declared open in favour of John Vella the succession of Giuseppa sive Josephine Vella, widow of Emanuel Vella, daughter of the late Giuliano Micallef and Loreta Micallef née4 Tanti, born in Tas-Sliema, Malta, resided in Naxxar, Malta, and died in Cospicua, Malta, on the 16th February, 2024, aged 93, and who held identity card number 081033M.
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 2296
2296By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd September, 2024, Application number 780/2024, by Michael Tonna et whereby they requested that it be declared open in favour of Michael Tonna, 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 italizia Marie Tonna daughter of the decujus the succession of Maria Dolores Tonna née Vella, wife of Michael Tonna, daughter of the late Costantino Vella and Maria Vella née Ellul, born in Birżebbuġa, Malta, resided in Ħal Għaxaq, Malta, and died in Msida, Malta, on the 25th April, 2024, aged 62, and who held identity card number 0428161M.
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 2297
2297By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th February 2024, Application number 167/2024, by Francis Cilia et whereby they requested that it be declared open in favour of Francis Cilia, 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 Claudine Busuttil née Cilia, Jonathan Cilia and Priscilla Galea née Cilia children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Mary Cilia née Darmanin, daughter of the late Manuel Darmanin and Mary Darmanin née Psaila, born in Ħal Luqa, Malta, resided in Ħal Luqa, Malta, and died in Msida, Malta, on the 4th December, 2024, aged 68, and who held identity card number 0465855M.
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 2298
2298It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 18th September, 2024, in the records of the judicial letter number 1052/2024, in the names GasanMamo Insurance Limited vs Doris McKay et, ordered the following publication for the purpose of effecting service on the respondent Clayton McKay, in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court
To Doris McKay
Clayton McKay (ID 133993M0 of 3 Mardor, Triq Armal, Ħal Qormi and/or, Block 12, Flat 2, Triq Santa Margerita,Siġġiewi
By means of this present GasanMamo Insurance Limited (C3143) of Triq l-Imsida, Gżira bring to your formal notice the following facts:
1. That on the 14th March 2023 the vehicle with registration number IBJ 341 was involved in a car accident which occurred in Vjal l-Indipendenza, Żurrieq, and this when it was being driven by you Clayton McKay and insured with the interpellant company by you Doris McKay;
2. That you Doris McKay permitted that the vehicle above referred to be driven by Clayton McKay and namely a person who was not authorised to do so since the same Clayton McKay did not have a valid driving license in view of the fact that it was revoked and this in breach of the terms and conditions of the insurance policy;
3. That you Clayton McKay was not covered by the relative insurance policy since you were driving the vehicle with registration number IBJ 341 without a valid driving licence and also in view of the fact that your same driving licence was revoked;
4. That the interpellant company is formally informing you that it will not cover the damages claimed by third parties in this case, and in case it is obliged to effect any payments on your behalf or either of you, the interpellant company is reserving its position against you according to law;
5. That the interpellant company is formally warning you that it will proceed against you for the recovery of all the amounts that it may be obliged to pay in favour of third parties in connection with this case and this besides all legal and judicial costs and interests.
Finally and without prejudice to the above premised the interpellant company is formally calling upon you so that within three (3) days you come forward for the assumption of responsibility and consequential payment of all the amounts suffered by third parties in this incident.
This calling is being made for all intents and purposes of law and especially but not limitedly for the purposes of interruption of prescription and in terms of Cap. 12, Cap. 16 and Cap. 104 of the Laws of Malta.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2299
2299By means of a decree of the 9th January, 2024, in the records of the judicial letter number 1542/2023, in the names Paul Sant et vs Shaun Xerri et the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Shaun Xerri Mir Court, Flat 10, Triq Toni Wizzni, Birkirkara
Ruth Xerri, Mir Court, Flat 10, Triq Toni Wizzni, Birkirkara
By means of this present, Paul Sant (ID 0382680M) and Tiziana Sant (ID 048328M) of 41, Dramana, Triq Toni Wizzni, Birkirkara, make reference to the glass opening, namely a window in your roof parapet wall and which opening/window of glass overlooks the property of the interpellant.
The interpellants solicit you so that within fifteen (15) days from the service of this act you close and prevent any access through the said opening/window permanently and this as the interpellants have already tried to invite you so to do in an amicable manner.
Failing to do this, the interpellants will proceed judicially against you.
Thus it is in your interest to abide with this solicitation to avoid useless procedures and costs.
With costs, including those of this present act against you.
The interpellants reserve all their rights at law.
This act is being sent in terms of the relevant provisions of law, including Cap. 16 of the Laws of Malta.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2300
2300By a decree of the Small Claims Tribunal of the 4th March, 2024, 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 Karl Agius.
Elmo Insurance Limited (C3500) of Triq Abate Rigord, Ta’ Xbiex, filed a claim on the 15th February, 2024, whereby they asked the Tribunal to condemn Karl Agius (ID 403786M) of 132, Agius, Triq Felice, Ħaż-Żabbar, to pay the plaintiff company the sum of €1,377.49,which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 30/2024CC) is deferred on the 23rd October, 2024, at 1.15 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2301
2301By means of a decree of the 4th June, 2024, of the Rent Regulation Board, in the records of the Application in the names Robert Buhagiar et vs Bianca Sima et, Application number 174/2024CG, the following publication was ordered for the purpose of effecting service on the respondents Bianca Sima and Brandon Liam Morgan 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 Robert Buhagiar (ID 446475M) and Marcelline Buhagiar (ID 718248M) vs Bianca Sima (ID 337874A) and Brandon Liam Morgan (ID 337875A) filed before the Rent Regulation Board, on the 8th April, 2024, the applicants Robert Buhagiar (ID 446475M) and Marcelline Buhagiar (ID 718248M) requested this Honourable Board to:
1. Hear this cause without proceeding to a hearing for the purposes of Article 167 et sequitur of the Code of Organisation and Civil Procedure, Cap. 12 of the Laws of Malta;
2. Declare and decide that the lease of the premises or rather that with number 17, Portelli Court, appartment number 5, Triq il-Paġell, Buġibba, St Paul’s Bay, leased by the applicants to the respondents is to be terminated in terms of Article 1570 of Cap. 16 of the Laws of Malta;
3. Order the eviction of the respondents Bianca Sima (ID 337874A) and Brandon Liam Morgan (ID 337875A) at a short and peremptory notice;
4. Declare and decide that the respondents are debtors of the plaintiffs in the amount of €6,992.15 representing the amount of €6,050 in arrears of rent between the 4th June, 2023 and the 4th April, 2024, and the amount of €942.5 in electricity and water consumption and condemn the respondents to pay them.
Saving any other right of the applicants due to them according to law against the respondents.
With costs of the present and of the judicial letter number 2157/2023 and with the injunction of the respondents so that a reference to their oath be made.
Applicants: 14, St Joseph, Triq l-Artillieri, Marsaskala
Respondents: Bianca Sima, 17 Portelli Court, Flat 5, Triq il-Paġell, Buġibba, St Paul’s Bay
Brandon Liam Morgan, 17, Portelli Court, Flat 5, Triq il-Paġell, Buġibba, St Paul’s Bay
The application in the names Robert Buhagiar et vs Bianca Sima et, Application number 174/2024CG has been postponed for hearing to the 17th October, 2024, at 11.20 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2302
2302By means of a decree of the 18th September, 2024, in the records of the judicial letter number 3275/2024, in the names Eugenio Sciberras vs Adeoye Olaoluwa Oybeloa et the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Adeoye Olaoluwa Oybeloa in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Adeoye Olaoluwa Oybeloa (ID 156681A) of Central Suites, Flt 2, Triq il-Majjiera, St Paul’s Bay
Middlesea Insurance plc
By means of this present, Eugenio Sciberras (ID 0038359M) of 97, Dennis, Triq John Borg, Birkirkara, refers you to the car incident which occurred on 6th November, 2022, in Triq Burmarrad, Mosta, when the respondent Adeoye Olaoluwa Oybeloa (ID 156681A) was driving the vehicle of the make Honda Accord with registration number JBT 495, which vehicle is insured with the respondent company Middlesea Insurance plc crashed into the vehicle driven by the interpellant with the consequence that the interpellant suffered permanent disability.
Thus, the interpellants call upon you so that within one week from when you receive this letter, you come forward for the liquidation and eventual payment of damages caused to him and this since it results that the incident occurred solely due to the fault of the respondent and this due to lack of expertise, negligence and non-observance of the traffic regulations on his part.
In default of doing that requested by you within the time given to you the interpellant shall proceed further according to law, including the issue of all the opportune warrants, and this without further notice.
So much so that you may know how to proceed and regulate yourselves.
With costs and interest according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2203
2203By means of a decree delivered, by the Court of Appeal (Superior Jurisdiction), on the 17th September, 2024, in the records of the Application number 246/2021 in the names Advocate Dr Jesmond Manicaro (ID 146078M) as special mandatary of the absentee companies:
1. Net Insurance SPA a foreign company registered in Italy at the Camera di Commercio, Industria, Artigianato e Agricoltura of Rome with registration number Numero REA ‒ RM 948019;
2. Net Insurance Life SPA a foreign company registered at the Camera di Commercio, Industria, Artigianato e Agricoltura of Rome with registration number Numero REA ‒ RM 1178765 vs Sunset Financials Limited (C76119), the following publication was ordered for the purpose of effecting service on the company Sunset Financials Limited in terms of section 187 (3) et sequitur of Cap. 12.
In virtue of Application number 246/2021, in the names premised, filed on the 17th July, 2021, the applicant nomine respectfully asked this Court to:
1. Declare and order that the judgment delivered by the High Court of Justice in the United Kingdom ‒ Business and property Courts of England and Wales Commercial Court number CL-2019-000254 in the following names ‘1) Net Insurance S.p.A., 2) Net Insurance Life S.p.A. vs 1) Gianluig1 Torzi, 2) G Lancarlo Andreella, 3) Feg Int Assets S.A. (a company incorporated in Luxembourg), 4) Odikon Services plc, 5) Sunset Financials Ltd (a company incorporated in Malta)’ decided by the Hon. Daniel Toledano QC, on the twenty-first (21) of January of the year two thousand and twenty-one (2021), shall be recognised and executed in Malta, for all intents and purposes of the law of Malta on the basis of the provisions of Cap. 52 of the Laws of Malta and Title V of Book three of the Cap.12 of the Laws of Malta;
2. Order that any judgment ordering the execution of the judgment given by the High Court of Justice in the United Kingdom ‒ Business and Property Courts of England and Wales Commercial Court number CL-2019-000254 be registered at the Public Registry Office.
With costs, and interests against the respondent company from now summoned so that a reference be made to its oath.
Application number 246/2021 in the names Advocate Dr Jesmond Manicaro noe vs Sunset Financials Limited has been deferred for hearing to the 15th October, 2024, at 8.35 a.m.
Notification: Sunset Financials Limited, Level 1, 123, Triq Manwel Dimech c/o Triq Rodolfu, tas-Sliema SLM 1272
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 2204
2204By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 23rd September, 2024, in the records of the Application Number 195/19 in the names Charmaine Friggieri vs Robert Friggieri, the following publication was ordered for the purpose of effecting service on Charmaine Friggieri in terms of section 187(3) et sequitur of Cap 12.
In virtue of Appeal Application No. 195/2019 filed on the 23rd May, 2024, the appellant Robert Friggieri felt aggrieved by the judgment delivered by the Civil Court (Family Section) on the 23rd April, 2024, as the Court of First Instance made a manifestly wrong evaluation of the evidence acquired when it found the appellant guilty of adultery which caused the breakdown of the marriage, and which condemned him to bear 3/4 of the costs of the cause; furthermore it is the respondent who should bear all the costs of both instances. Whereas for all intents and purposes it is declared that this appeal application is being filed together with the appeal application against the judgment delivered on the 23rd April, 2024, for the Sworn Application number 183/2019 AGV with the names inverted.
Therefore, the exponent requests with the utmost respect that this Honourable Court of Appeal reforms the appealed judgment given by the Civil Court (Family Section) on the 23rd April, 2024, in the names Charmaine Friggieri vs Robert Friggieri by upholding all the appellant’s grounds of appeal and confirming it as to the rest and this with the costs of both instances against the respondent.
Notification: Charmaine Friggieri, Pender Gardens, Block 10, Flat 100, Triq Ivo Muscat Azzopardi, St Julian’s
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 2205
2205By means of a decree delivered by the Court of Appeal, Inferior jurisdiction, on the 5th June, 2024, in the records of the Application number 26/2024 in the names Automated Services Limited (C46054) in its own name and on behalf and in representation of Enemalta plc (C 65836) and the Water Services Corporation vs Mario Fenech (ID 293554M) and Juanita Fenech (ID 148761M) the following publication was ordered for the purpose of effecting service on Mario Fenech and Juanita Fenech in terms of section 187(3) et sequitur of Cap 12.
In virtue of Appeal Application number 26/2024 filed on the 19th April, 2024, the appellant company Automated Services Limited felt aggrieved by the award by the Malta Arbitration Centre EW 5979/2020 given on the 4th April, 2024, on the ground, inter alia, that the respondent did not satisfy the requirements of Article 2160 of the Civil Code. Cap 16.
Therefore, the appellant company humbly request that this Honourable Court:
1. Cancels and revokes that part of the appealed judgement whereby it upheld the plea of the respondent Mario Fenech regarding prescription granted in terms of Article 2156 (f) of Cap. 16 of the Laws of Malta and consequently dismiss the plea raised by the respondent regarding prescription;
2. Cancels and revokes that part of the appealed judgment whereby the respondent Mario Fenech was not condemned and ordered to pay the amounts demanded by the appellant before the 3rd August, 2015, and consequently upholds the appellant’s request and condemn and order the respondent Mario Fenech to pay the amounts so demanded by the appellant;
3. Upholds that part of the judgment whereby it upheld in part the demand by the appellant company and condemned Mario Fenech to pay the amount of €1,946.72;
4. Upholds that part of the judgment whereby it dismissed the respondent's plea regarding the interests;
5. Cancels and revokes that part of the judgment whereby the appellant was condemned to pay half the arbitration costs and consequently condemns and orders the respondent to pay the costs in their entirety.
Application number 26/2024 in the names Automated Services Limited (C46054) in its own name and in the name and in representation of Enemalta plc (C65836) and the Water Services Corporation vs Mario Fenech (ID 293554M) and Juanita Fenech (ID 148761M) has been deferred for hearing to the 16th October, 2024, at 10.10 a.m.
Notification: Mario and Juanita Fenech, Charles House, Triq Vitale, Mġarr
DR FRANCO BONDIN, LLD, M. JUR.
For the Registrar, Civil Courts and Tribunals
Notice 2206
2206By means of a decree given by the Civil Court, First Hall, on the 24th September, 2024, in the records of the Warrant of Prohibitory Injunction number 1111/2024/1DC, which was filed on the 3rd July 2024, in the names: O'Flaherty Charles vs Dalli Grech Nicole et, the following publication was ordered, in terms of Article 187 et sequitur of Cap. 12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: This Honourable Court orders the issuing of the Warrant of Prohibitory Injunction against the respondents.
The Warrant of Prohibitory Injunction in the names mentioned above is adjourned for hearing on the 22nd October, 2024, at 9.45 a.m.
Notify Respondents: Dalli Grech Nicole and Grech Andy. Victoria Court, Block A, 126, Triq ir-Rebbiegħa, Mosta
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2207
2207By means of a decree given by the Civil Court, First Hall, on the 27th February, 2024, in the records of Sworn Application number 1346/2023MH, which was filed on the 27th November, 2023, in the names: HSBC Bank Malta plc vs Abela Jonathan et, the following publication was ordered, in terms of Article 187 et sequitur of Cap.12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Condemn the same defendants to pay the sum of thirty one thousand, three hundred and seven euro and fourteen cents (€31,307.14c). With all costs and legal interest against the respondents who are summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 28th October, 2024, at 9.00 a.m.
Notify Respondents: Abela Jonathan and Abela Claudia. 15, KWL Court, Flat 5, Triq San Tumas, Rabat
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2208
2208By means of a decree given by the Civil Court, First Hall, on the 17th September, 2024, in the records of Sworn Application number 841/2024AJD, which was filed on the 30th July, 2024, in the names: Schembri Stephen et vs Cumbo Michael sive Mikiel, the following publication was ordered, in terms of Article 187 et sequitur of Cap. 12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the respondent to vacate the field mentioned. With all costs against the respondent who is summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 31st October, 2024, at 8.55 a.m.
Notify Respondent: Cumbo Michael sive Mikiel, 48, Dream, Triq E. Attard Bezzina, Żejtun
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2209
2209By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd May 2024, Application number 475/2024 by Joseph Gatt et whereby they requested that be declared open in favour of Maria Muscat, Mary Doris Camilleri, Annunziata sive Nancy Gatt, Lawrence Gatt, Carmelo Gatt, Antonio Gatt, Joseph Gatt and Imelda Deguara brothers and sisters of the decujus in the quota of one tenth (1/10) undivided share each one of them; in favour of Jane Victoria sive Johanna Gatt, Stephen Gatt and Norbert Gerard Gatt children of the late late Michael Gatt the latter brother of the decujus in the quota of one tenth (1/10) undivided share between them and in favour of Joseph Gatt, Anna Schiavone and Bernardette Muscat children of the late Paul Gatt the latter brother of the decujus in the quota of one tenth (1/10) undivided share between them the succession of Emanuel Gatt, bachelor, son of the late Joseph Gatt and Rose Gatt née Sammut, born in St Paul’s Bay, resided in St Paul’s Bay and died in Msida, Malta, on the 22nd October, 2020, aged 75, and who held identity card number 113445M.
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