Court Notices published in Govt. Gazette No. 19,928 of 29 December 2017

COURT NOTICE

2064

Notice is hereby given that by an order of the First Hall of the Civil Court, in the records of the Sworn Application in the names Victor Joseph Vella (ID 20386G) et vs Kuraturi Deputati, Sworn Application Number 762/2017 JPG, this publication was ordered in terms of Article 495A of Chap. 16 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Victor Joseph Vella (ID 20386G) of ‘Charlmeg’, Triq Indri Borg, Xewkija, Għawdex; Emanuel Mifsud (ID 944244M) of 11, Misrah San Alwiġi, Birkirkara, Malta; Mario Mifsud (ID 648450M) of 92, Triq il-Mitħna, Mosta, Malta, and Joseph Mifsud (ID 37161M) of 7, Papillion Court, Entrance B, Flat 7, Triq Birbal, Ħal Balzan, Malta

vs

Deputy Curators to represent the absent Guzeppi Spiteri, Karmena Spiteri, Concetta Spiteri and Emanuel Spiteri on the 21st day of August, 2017, the applicant Victor Joseph Vella (ID 20386G) et respectfully submitted:
1. That this application concerns the following property rather:

i. A portion of land accessible from an alley that abuts in Triq San Ġiljan, Birkirkara, Malta, which portion of land measures in its entirety circa three hundred and fifteen square meters (315 sq.m), or more precise measurement, bounded north with the portion described hereunder, east partly by property of Michele known as Ta’ Pioggia, or his successor/s in title and in part with property of Andrea Borg or his successor/s in title, and other borders with unknown third parties, which land is better shown in red on the plan and site-plan herewith attached and marked as Doc. A; 

ii. A portion of land accessible from an alley that abuts in Triq San Ġiljan, Birkirkara, Malta, and comprises the aforementioned alley, which portion of land and alley measure in their entirety circa three hundred and twenty point decimal nine square meters (320.9 sq.m.), or more precise measurement, and bounded north with property of Felic Borg or his successor/s in title and with the aforementioned street, east partly by property of Michele known as Ta’ Pioggia, or his successor/s in title and in part with property of Andrea Borg or his successor/s in title, and south with the aforedescribed portion, which alley and land are better shown in yellow and red respectively on the plan and site-plan herewith attached and marked as Doc. A;

2. That these properties, originally belonged to Costantino Aquilina in the share of an undivided two-thirds (2/3), and to Luca Aquilina, Antonio Aquilina, Elena Aquilina and Giovanni Aquilina in the share of an undivided one-twelfth (1/12) each;

3. That by means of a contract of sale in the records of Notary Pietro Scerri dated the 12th day of June, 1904, Costantino Aquilina, Luca Aquilina and Antonio Aquilina, transferred their share of the abovementioned property to Giovanni Aquilina and to Giovanni Gatt;

4. That therefore after the aforementioned contract of sale of the year 1904 the resulting shares in the property were the one half undivided (1/2) share held between the spouses Giovanni Aquilina and Antonia Aquilina née Aguis, seven parts out of twenty-four undivided parts (7/24) owned by Giovanni Aquilina and five parts out of twenty-four undivided parts (5/24) owned by Antonia Aquilina, and the 1/2 undivided share held between the spouses Giovanni Gatt and Elena Gatt née Aquilina, five parts out of twenty-four undivided parts (5/24) held by Giovanni Gatt and seven parts out of twenty-four undivided parts (7/24) owned by Elena Gatt;

5. That Giovanni Gatt died on the 2nd day of June, 1924 and his spouse Elena Gatt née Aquilina died on the 14th day of February, 1926;

6. That their half undivided share (1/2) was inherited by their two children Guzeppa Gatt and Joseph Gatt, each inheriting an undivided 1/4;

7. That Guzeppa Gatt died intestate on the 18th day of February, 1965;

8. That therefore the undivided quarter (1/4) property of Guzeppa Gatt passed onto her brother Joseph Gatt, who therefore had his share of an undivided half (1/2) in the aforementioned property;

9. That Joseph Gatt died on the 22nd day of December, 1993;

10. That by his wills in the records of Notary Angelo Sammut dated the 11th day of April, 1975 and another one in the records of Notary Marthese Felice dated the 26th day of March, 1991 the said Joseph Gatt bequeathed an undivided quarter (1/4) as absolute property as well as the use and usufruct of the remaining undivided three-fourths (3/4) to his spouse Gaudenza Gatt, while designating his son Joseph Gatt as his universal heir;


11. That, therefore, after the death of the said Joseph Gatt, Gaudenza Gatt had an undivided 1/8 share of the said property while his son Joseph Gatt had three undivided eights (3/8) of the property in question;


12. That Gaudenza Gatt died on the 16th day of July, 1997;

13. That her son Joseph Gatt inherited his mother the said Gaudenza Gatt and therefore his share of the aforementioned property was that of an undivided half (1/2); 

14. That by means of a contract of sale dated the 22nd day of August, 2013 in the records of Notary Ann Bugeja, Joseph Gatt transferred his one half undivided share (1/2) of the said property to Anthony and Lauta spouses Cohen; 


15. That by means of a contract of sale dated the 17th day of October, 2016 in the records of Notary Paul George Pisani, spouses Anthony and Lauta Cohen transferred their one half undivided share (1/2) of the said property to the applicant Victor Joseph Vella; 

16. That the spouses Giovanni Aquilina and Antonia née Agius had four children i.e. Maria, Angelo, Costantino and Josephine, all of whom inherited their parents and owned between them the combined share of an undivided one half (1/2), each and every one of them having an undivided one eighth (1/8); 
17. That Maria Spiteri, a daughter of Giovanni Aquilina and Antonia née Agius, spouse of Emanuel Gaetano Spiteri, died intestate on the 29th day of January, 1949;


18. That the said Maria Spiteri née Aquilina had seven children i.e. Ġuzeppi, Antonio, Karmena, Giovanna, Concetta, Emanuel, and Tereza, siblings Spiteri;

19. That therefore, after the death of their mother Maria Spiteri, her children siblings Spiteri, i.e. Ġuzeppi, Antonio, Karmena, Giovanna, Concetta, Emanuel, and Tereza each inherited the undivided share of 1/56;


20. That Josephine Bondin, a daughter of Giovanni Aquilina and Antonia née Agius, spouse of Paolo Bondin died on the 13th day of August, 1957 and had 4 children i.e. rather Antonia, Frank, John and Gemma, siblings Bondin;


21. That therefore, after the death of their mother Josephine Bondin, her children siblings Bondin, i.e. Antonia, Frank, John and Gemma each inherited a 1/32 undivided share;

22. That Angelo Aquilina died unmarried, intestate and without issue on the 11th day of February, 1961 and therefore his share which consisted of an undivided 1/8 was inherited by his brother Costantino Aquilina to the extent of an undivided 1/24, and by the children of his siblings, i.e. children of the deceased Maria Spiteri i.e. Ġuzeppi, Antonio, Karmena, Giovanna, Concetta, Emanuel, and Tereza in the undivided share of 1/168 each, and the children of the late Josephine Bondin i.e. Antonia, Frank, John and Gemma in the undivided share of 1/96 each;



23. That therefore, after the death of Angelo Aquilina, the children of Maria Spiteri, i.e. Ġuzeppi, Antonio, Karmena, Giovanna, Concetta, Emanuel, and Tereza, each possessed the undivided share of 1/42, the children of Josephine Bondin, i.e. Antonia, Frank, John and Gemma each possessed the undivided share of 1/24, and Costantino Aquilina possessed a 1/6 undivided share; 



24. That Costantino Aquilina, a son of Giovanni Aquilina and Antonia née Agius, today deceased, was married to Giuseppa née Agius and had one son Giovanni Aquilina;

25. That therefore, after the death of his father Costantino Aquilina, the said Giovanni Aquilina inherited a 1/6 undivided share of the aforementioned property;
26. That Giovanni Aquilina, a son of Costantino Aquilina and Giuseppa née Agius died intestate on the 29th day of October, 2012;

27. That he was married to Adelaide née Pace and had one child, i.e. Kevin Aquilina;

28. That therefore, after the death of Giovanni Aquilina, his succession devolved ex lege on his widow Adelaide Aquilina and Kevin Aquilina Aquilina in the undivided share of 1/6 between them;

29. That by means of a contract of sale dated the 1st day of June, 2016 in the records of Notary Dr Paul George Pisani, Adelaide Aquilina and Kevin Aquilina, transferred their 1/6 undivided share of the abovementioned property to the applicant Victor Joseph Vella, who thus had the share of an undivided two-thirds (2/3);


30. That Gemma Bondin, sive Suor Costantina Bondin died intestate on the 6th day of April, 1991;


31. Therefore, her undivided share of the aforementioned property i.e. 1/24 passed on to her siblings Antonia Grech, John Bondin and Frank Bondin in the undivided share of 1/72 to each and every one of her siblings;


32. That therefore after the death of the said Gemma Bondin, her siblings Antonia, John and Frank, each had a 1/18 undivided share of the property in question;


33. That Frank Bondin died on the 28th day of February, 1996;

34. That his undivided share of 1/18 passed on to his children Mario-Francis, Oliver and Claire siblings Bondin, in the undivided share of 1/54 each;


35. That by means of a contract of sale dated the 24th day of February, 2014, in the records of Notary Joseph Smith La Rosa, Mario-Francis, Oliver and Claire siblings Bondin transferred their undivided share of 1/54 each to the applicant Victor Joseph Vella;


36. That therefore after this transfer the applicant Victor Joseph Vella had the undivided share of 13/18 of the property in question;

37. That by means of a contract of sale dated the 25th day of November, 2013 in the records of Notary Anne Bugeja, Antonia Grech and John Bondin each transferred their 1/18 undivided share to the applicant Victor Joseph Vella;


38. That after this transfer, the applicant Victor Joseph Vella had a 5/6 undivided share of the abovementioned property;

39. That Antonio Spiteri, a son of Maria Aquilina, was married to Angela Borg, and they had four children and i.e. Anthony Spiteri, Emanuela Portelli spouse of Paul Portelli, Rose Sciberras spouse of John Sciberras and Joseph Spiteri;

40. That Antonio Spiteri died intestate on the 27th day of February, 1977 and therefore his children Anthony Spiteri, Emanuela Portelli, Rose Sciberras and Joseph Spiteri inherited a 1/168 undivided share of the property;


41. That of these, Joseph Spiteri who was married to Helen Borg, died on the 6th day of December, 2006 and had four children, and i.e. Nataline Camilleri, spouse of Brian Camilleri, Joseph Spiteri, James Spiteri and Jason Spiteri; 


That by means of his will dated the 4th day of June, 2001, he bequeathed to his spouse an undivided quarter and the usufruct of his hereditary assets while designating all his children as his universal heirs. That therefore the spouse of the said Joseph Spiteri, Helen Borg has the undivided share of 1/672, while the children of the said Joseph Spiteri each have a 1/896 undivided share of the abovementioned property;



42. That Teresa Spiteri, a daughter of Maria Aquilina, was married to Carmelo Mifsud and had three children and i.e. Emanuel Mifsud, Mario Mifsud and Joseph Mifsud;

43. That Teresa Spiteri died on the 2th day of January, 2002. That by means of her will dated the 14th day of February, 1996 she designated her children Emanuel Mifsud, Mario Mifsud and Joseph Mifsud as her universal heirs in equal and undivided shares and therefore her children Emanuel Mifsud, Mario Mifsud and Joseph Mifsud all have a 1/126 undivided share each of the property in question;



44. That Giovanna Spiteri, a daughter of Maria Aquilina, was married to Vincent Falzon, and had three children and i.e. Margherita Falzon, Joseph Falzon and Mario Falzon;

45. That Giovanna Spiteri died on the 28th day of March, 2013 and therefore her children Margherita Falzon, Joseph Falzon and Mario Falzon all have a 1/126 undivided share each of the abovementioned property;



46. That by means of a contract dated the 26th day of July, 2017, the applicant Victor Joseph Vella acquired from Margherita Falzon, Joseph Falzon and Mario Falzon, their share of the aforementioned property i.e. 1/42 undivided share;


47. That by means of a contract of sale dated the 27th day of July, 2017, the applicant Victor Joseph Vella acquired from Nataline Camilleri, Joseph Spiteri, and Helen Spiteri their share of the abovementioned property i.e. 5/1344 undivided share;


48. That by means of a contract of sale dated the 27th day of July, 2017, the applicant Victor Joseph Vella acquired from James Spiteri and Joseph Spiteri their share of aforementioned property and i.e. 3/1344 undivided share;



49. That by means of a contract of sale dated the 9th day of August, 2017, the applicant Victor Joseph Vella acquired from Emanuela Portelli, Rose Sciberras and Anthony Spiteri their share of the said property i.e. a 1/56 undivided share;


50. That on the 9th day of August, 2017, the applicants Emanuel Mifsud, Mario Mifsud and Joseph Mifsud, signed a promise of sale agreement, a copy of which is herewith attached and marked as Doc. B, and by which they have committed themselves to transfer their share of the aforementioned property i.e. a 1/42 undivided share, to the other applicant Victor Joseph Vella;

51. That therefore it follows that the applicant Victor Joseph Vella, today owns a 37/42 undivided share of the abovementioned property, and that the other applicants Emanuel Mifsud, Mario Mifsud, and Joseph Mifsud, entered into a promise of sale agreement with the said applicant Victor Joseph Vella whereby they undertaken to transfer their overall share of the property i.e. an undivided 1/42, in favour of the applicant Victor Joseph Vella, as explained above;



52. That about Ġuzeppi, Karmena, Concetta and Emanuel, children of Maria Aquilina and Emanuel Gaetano Spiteri and Emanuel Spiteri, who together possess the undivided part of 2/21 of the abovementioned property, the applicants do not have any information about them and despite all their attempts to trace the same, they never bore fruit;


53. That as mentioned above, all the applicants other than Victor Joseph Vella, undertaken to sell and transfer their share of the property to the applicant Victor Joseph Vella, and this by means of several promise of sale agreements dated the 9th day of August, 2017, attached as Doc. B;


54. That this promise of sale agreement was duly registered with the Commissioner of Inland Revenue, a copy of which is herewith attached and marked as Doc. C;

55. That the applicants also obtained a sworn valuation from an Architect and Civil Enginéer, Architect Steve Scicluna, who made a valuation of the property de quo and estimated the full value of the property in the amount of twenty thousand Euro (€20,000) as shown in the assessment herewith attached and marked as Doc. D;

56. That in order to avoid many research and documents that substantiate the above-given recitals which relate to the origin of the abovementioned property a sworn statement of Notary Public Dr Paul George Pisani is herewith being attached, which exhaustively explains the origin and transfers of the property de quo, which statement is being herewith attached and marked as Doc. E;


57. That moreover, the list of the relative portions to the property in question is contained in the item herewith attached and marked as Doc. F;

58. That the respondents are therefore owners in the undivided quota of 2/21 of the property de quo, while all applicants together are owners of the remaining 19/21 undivided share of the property abovementioned, as explained above;


59. That the applicant Victor Joseph Vella néeds to acquire the whole of the abovementioned property while the other applicants other than Victor Joseph Vella obliged themselves to sell and transfer their share of the property provided that the same Victor Joseph Vella succeeds in acquiring the other undivided shares of the same property;

60. That therefore this Sworn Application was filed.

Therefore, the applicants respectfully ask this Honourable Court to:

1. Appoint deputy curators to represent the absent Ġuzeppi Spiteri, Karmena Spiteri, Concetta Spiteri and Emanuel Spiteri, saving the issue of the usual Banns that have to be served to Victor Joseph Vella;

2. Order the publication of this application in the Government Gazette and another local newspaper in terms of Article 495A of Cap. XVI of the Laws of Malta;

3. Declare that the price and the conditions offered for the sale of the overall 1/42 undivided share of the property described above is fair and appropriate and that the same price and conditions shall apply to the sale of the remaining two parts of twenty undivided parts (2/21) of the said property, saving, if necessary, that the property be estimated by an architect and civil enginéer;


4. Finally approve the proposed sale, and order the publication of the act of sale even as regards the quota pertaining to the respondents, on a day, a time, and a place to be fixed for this purpose and appoint Notary Public Dr Paul George Pisani to publish the appropriate deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that act.

With court costs against the respondents

Bann for Curators to represent the absentees was published in the Government Gazette dated the 7th day of November, 2017. 

List of Documents:
Doc. A A copy of the plan showing the property merits of this application
Doc. B A copy of the promise of sale agreement dated the 9th day of August, 2017
Doc. C A copy of the Registration Receipt of the Promise of Sale agreement dated the 9th day of August, 2017, with the Commissioner of Inland Revenue
Doc. D Sworn valuation drawn up by Architect Steve Scicluna
Doc. E Sworn Statement of Notary Public Dr Paul George Pisani

Doc. F A statement detailing the quotas (from the property de quo) pertaining to each of the contenders and how the same quotas devolved on the said contenders

Registry of the Superior Courts

Today Friday, the 22nd day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals




2065

DKR 151/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 29th November, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) after an application filed by Carmelo Butler on the 28th November, 2017, Compilation number 935/2004 in the case:

The Police 
(Asst. Comm. Ian J. Abdilla)

Versus

Carmelo Butler, 54 years, employed, son of Michael and Nikolina née Vassallo, born in Tal-Pietà, Malta, on the 11th February, 1963, residing at number 31, Maria Claudia, Triq il-Kartaġiniżi, Birżebbuġa, Malta, and holder of Maltese identity card bearing number 130863M.


The Court Authorized that any payment which the accused Carmelo Butler is receiving from Employment and Training Corporation (Jobs +) for the work done with KS Auto Dealer, Għaxaq Bypass, Ħal Għaxaq will not be affected by the freezing order.


This variation is being published according to Article 5 of the Money Laundering Act, Cap. 373 of the Laws of Malta and of Article 23A of the Criminal Code Cap. 9 of the Laws of Malta following a freezing order given given on the 7th May, 2014, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Miriam Hayman, LLD) which was published in the Government Gazette of the 15th May, 2014, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Carmelo Butler.

Today, 22nd December, 2017

Registry of the Courts of Criminal Judicature (Malta) 

DR JOHN SEYCHELL NAVARRO
DIP. HLTH. SCIENCE, DIP. MGMT STUD, DIP. NOT. PUB., LLB, LLD 
Assistant Registrar, Criminal Courts and Criminal Tribunals





2066

By means of a decree of the 20th September 2017 of the Civil Court First Hall in the records of judicial letter number 2489/17, in the names Housing Authority vs Mario Portelli et, the following publication was ordered 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

Today 13th July, 2017

To Mario Portelli (ID 0650182M) of 29, Serenita, Triq il-Kromb, Ħ’Attard

Joseph Portelli (ID 0105353M) of Panorama Crt Flat 3, Triq Raddet ir-Roti, St Paul’s Bay
 
By the present, the Housing Authority of 22, Triq Pietro Floriani, Floriana, solicit you so that within fifteen days you pay the amount of €733.74 representing the amount due for the occupation of the premises Plot 102, Ħ’Attard, which amount is due for the period between the 24th June 2010 and the 1st July, 2017.

In default of payment further procedures will be issued against you according to law. This letter is being sent in terms of article 2128 of the Civil Code.

So much for your own guidance, with costs and with interest
    
Registry of the Superior Courts, today 22nd December, 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2067

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 26th October, 2017, in the records of the judicial letter number 2135/17, in the names Macbake Co Limited vs Champ Ltd et, ordered the following publication for the purpose of effecting service on the defendants Champ Ltd and Antoine Tanti, in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

Today 8th August, 2017

To Champ Ltd (C 49594) of 7, Triq il-Barrieri tal-Ħandaq, Ħal Qormi;
Johan Tanti
Antoine Tanti of Dolomite Court, Flat 4, Triq Sant’Aristarku, St Paul’s Bay

By means of this present, Macbake Co Limited (C 18908) ta’ Butmore Court, Flat No 1, School Street, Fgura, solicits you so that within two days from the notification of this act you pay the interpellant the total amount of €9,294.00 representing amount due by you to the interpellant as a result of a constitution of debt deed which amount is still unpaid till today. A copy of this costitution of debt deed is attached and marked as Doc. MB1.

By means of this present the interpellant is rendering its title an executable one and this in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

In default that you abide with this request the interpellant will proceed to the enforcement of it executive title in terms of the same article.

This judicial letter is requested in terms of Article 256(2) of the Laws of Malta.

With costs and interest till the date of effective payment.

Registry of the Court of Magistrates (Malta), today 22nd December, 2017

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2068

By means of a decree of the 6th October, 2017, given by the Civil Court First Hall in the records of judicial letter number 1716/17, in the names Registrar of Civil Courts and Tribunals vs Agius Maria Antonia née Azzopardi, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 9th May, 2017

To Agius Maria Antonia née Azzopardi of 13, Marikarm, Triq il-Ħamri, Għajnsielem. 
   
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €201.21 due by you as Registry fees in connection with the law suit in the names:


Agius Maria Antonia et vs Tua Mary Carmen sive Marlene pro et noe (JPG), decided on the 1st March, 2017

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance
With costs
 
Registry of the Superior Courts, today 22nd December, 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2069

By a decree of the Small Claims Tribunal of the 20th July 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 17th July, 2017, whereby they asked the Tribunal to condemn Sample Jonathan Charles (KI 67213A) of Cheri, Triq il-Mitħna l-Ġdida, Mellieħa, to pay the plaintiff company the sum of €587.26, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 313/17AM) is deferred on the 19th January, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd December, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2070

By a decree of the Small Claims Tribunal of the 28th November, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 4th September, 2017, whereby they asked the Tribunal to condemn Jiri Danihelka (KI 0048374A) ta’ 39, Cathedral Court, Flat 5B, Triq tal-Katidral, Tas-Sliema, to pay the plaintiff company the sum of €1,113.87, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 422/17CZ) is deferred on the 8th January, 2018, at 12.15 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd December, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2071

By decree given by the Civil Court, First Hall on 27th November, 2017, on the application of Pace Ian (ID 321362M), Monday, 15th January, 2018, at noon (12.00 p.m.) has been fixed for the Sale by Auction, to be held at Hall Sixteen (16) on the Second Floor of these Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of Lehner Rosie (ID 12497A).


Boat named ‘M.V. San Carlos I’ with the registration number seven two seven six (7276)

N.B. The said boat will be sold as described in the acts of judicial sale file number 33/17.

Registry of the Superior Courts, this Friday, 22nd December, 2017

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



2072

By means of a decree given by the Civil Court (Family Section) on the 21st November, 2017, in the records of the Sworn Application, in the names Camilleri Alan vs Lin Han, Application number 214/17 AL, the following publication was ordered for the purpose of service of the respondent Han Lin, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, presented, in the Civil Court, (Family Section) in the names Alan Camilleri (ID 421181M) vs Han Lin (ID 31973A) on the 25th September 2017, the applicant Alan Camilleri (ID 421181M) asked the defendant to state why this Honourable Court should not:

1. Declare that the marriage which took place between the parties on the (13) of October, 2010, in Dalian Municipal Civil Affairs Bureau, China, and which marriage was duly registered in the Marriage Registry in Malta, with Certificate number 2217/2010, of the 25th November, 2010, is null and without effect and give all those provisions which are opportune in this regard.

With all costs, against the respondent who is summoned so that a reference to her evidence be made.

Applicant: Block 1, Flat 4, Triq Ċensu Scerri, Tas-Sliema

Respondent; Chinese Massage, Triq il-Pitkali, Ħ’Attard

The Sworn Application in the names Camilleri Alan vs Lin Han, Application number 214/17 AL, has been deferred for hearing to the 30th January, 2018, at 9.15 a.m.
Registry of the Civil Court (Family Section), today 26th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals



2073

By means of a note, presented, in the First Hall Civil Court, on the 22nd December 2017, Advocate Jonathan Abela Fiorentino, produced the following document to be published in terms of Article 9 of Cap. 13 of the Laws of Malta.

By means of a contract published by Notary David Joseph Borg, on the 15th December, 2017, Bo Patrik Alfvegren, in business, son of the late Bo Alfvegren and Birgitta Margareta née Holmstrom, born Gothenburg, Sweden, and residing St. Julian’s, Malta, holder of Maltese Identification number 0039421A, premised that he is the sole parent vested with paternal authority regarding his minor daughter … omissis …, daughter of the same Bo Patrik Alfvegren and the deceased Kerstin Elsebeth née Birgander, born, Stockholm, on the 4th September 2001 and residing St Julian’s, holder of Swedish Passport number 91020764 and thus in virtue of this deed is emancipating for all intents and purposes of Law, the said daughter … omissis …, passport number 91020764, to carry out all acts of trade and for all the purposes of Article 9 and 10 of the Commercial Code,Cap 13 of the Laws of Malta and Article 156 of the Civil Code of the Laws of Malta.


Registry of the Superior Courts, today 26th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals



2074

By decree given by the Civil Court, First Hall on 13th November, 2017, on the application of Boatcare Trading Limited (C 37131), Wednesday, 24th January, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at Berth 41, Portomaso Marina, Portomaso, San Ġiljan, of the following items seized from the property of Sailing Yacht named ‘Wandu’ and by decree of (sixth) 6th July, 2016, nominated Dr Benjamin Valenzia as a curator. 

Sailing yacht named ‘Wandu’ registered in Italy by the international nominativ IY 4414 with the registration number 5BA 29-D.

N.B. The said sailing yacht will be sold as described in the acts of judicial file number 20/17.
Registry of the Superior Courts, this Tuesday, 26th December, 2017

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



2075

By a Decree of the 20th December, 2017, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187 (3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by Anthony Aquilina (ID 269468M) on the 18th December, 2017, the approval of the said judicial acts is being demanded for the amount of €800 following judicial sale by auction 30/17 in the names Anthony Aquilina (ID 269468M) vs Pietro Sada et held under the Authority of the said Court on the 11th December, 2017.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall, with the answer, file all relevant evidence to substantiate their opposition.

Registry of the Superior Courts, this Tuesday, 26th December, 2017

RUDOLPH MARMARÀ
For the Registrar of Civil Courts and Tribunals


2076

By means of a decree of the 16th August 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1052/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Carmen Spiteri Coleiro, the following publication was ordered for the purpose of effecting service on the interpellant Carmen Spiteri Coleiro in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

Today 29th April 2016

To Carmen Spiteri Coleiro (ID 809259M) of 62, Triq Patri Guze Delia, Balzan.
 
By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworned 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 €12,875.16 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the Ammount according to Law, regarding the bill number 101000159011 for the premises 60, Topaze, Triq Patri Guze Delia, Balzan which amounts to €12, 875.16.

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.

Registry of the Court of Magistrates (Malta) today 27th December 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals 




2077

By means of a decree of the 16th August 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 664/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Chantelle Previ, the following publication was ordered for the purpose of effecting service on the interpellant Chantelle Previ in terms of Article 187(3) of Cap. 12.


In the Court of Magistrates (Malta) 

Today 15th March 2017

To Chantelle Previ (ID 315487M) of 50, Triq id-Dejqa, Bormla.

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworned declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €3,522.26 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the Ammount according to Law, regarding the bill number 411000059133 for the premises 10, Triq il-Koservatorju, Bormla which amounts to €3, 522.26.

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.

Registry of the Court of Magistrates (Malta) today 27th December 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




2078

By means of a decree of the 17th October 2017 in the First Hall of the Civil Courts in the records of the judicial letter number 28/17 in the names Bank of Valletta p.l.c. vs Jonathan Farrugia, ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Jonathan Farrugia (ID312782M) of 13, Broad House, Flat 2, Filby, Triq Sir Arthur Fremantle, Naxxar, on the 5th January 2017, Bank of Valletta p.l.c. of 1/5, Misraħ San Ġorg, Valletta, VLT 1190, solicits you so that within two days you pay the sum of €99,358.83 balance of debt in your Loan Account with Bank of Valletta p.l.c. together with further interests from the 30th November 2016 till the date of effective payment.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.
Registry of the Superior Courts today 27th December 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



2079

Notice is hereby given that by an order of the First Hall of the Civil Court, in the records of the Application in the names Arken Limited (C 7768) vs Kuraturi Deputati, Application Number 366/2017 SM, this publication was ordered in terms of Article 495A of Chap. 16 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Arken Limited (C 7768)

vs

(By a Decree entered on the 16th day of May, 2017 the Court appointed Dr Francine Abela and Legal Procurator Doreen Aquilina) Deputy Curators to represent the unknown owner/s of the 11/140 undivided share of a divided portion of land in Nadur, Gozo in the area known as ‘s-Sieħ’, measuring approximately seven hundred and forty three square meters (743m.k.) or a more precise measurement on the 24th day of April 2017, the applicant company Arken Limited (C 7768) respectfully submitted:

That by means of a contract received by Notary Public John Gambin on the 26th day of March, 1993, the applicant company obtained from the vendors indicated on the act “the share of vendors of one-half (1/2) undivided in ownership or whatever other more correct share in the following immovable property … Of the divided parcel of land known as is-Sieħ, in the limits of Nadur, Gozo, having superficial area of approximately seven hundred and forty three square meteres (743 sq.m.)…”.

That by means of a contract received by Notary Public Joseph Smith La Rosa on the 1st day of March of the year 2006, the applicant company acquired a “1/6 undivided share of a 1/2 parcel of land in Nadur, Gozo in the area known as ‘s-Sieħ’ measuring approximately seven hundred and forty three square meters (743m.k.) or a more precise measurement” and this from Maria Sammut Alessi.

That by means of a contract received by Notary Public Joseph Smith La Rosa on the 6th day of April of the year 2006, the applicant company acquired a “5/7 share of one half undivided less one half of 1/5 of 1/7 of half of a parcel of land in Nadur, Gozo in the area known as ‘s-Sieħ’, measuring approximately seven hundred and forty three square meters (743m.k.) or a more precise measurement” and this from the vendors there said.
That after the foregoing transfers, the applicant company became the owner of a 129/140 share pro indiviso.


That the applicant company does not know who today are the owners of the remaining undivided shares in the immovable property described above.

That from the root of title of the immovable property in question, as indicated in the aforecited notarial acts, it results that the same immovable property no longer belongs to one owner and entered a state of community of property with the death of John Nicolas Gulia on the 22nd day of January, 1918.

That the applicant company concluded a promise of sale agreement with Pierre and Noella spouses Sladden, and this on the 3rd day of July, 2015. In the relative private writing, the price of €20,000 was agreed for the sale of the immovable property in question, which price was accepted by the applicant company on the basis of a valuation made by Architect Patrick Spiteri Fiteni. The aforementioned promise of sale agreement was made dependent on the outcome of the present action, and is also subject to the terms and conditions set out therein.

Therefore, the applicant company respectfully asks this Honourable Court to:

1. Authorise the applicant company to proceed with the sale of the divided portion of land located in Nadur, Gozo in the area known as ‘s-Sieħ’ measuring approximately seven hundred and forty three square meters (743m.k.) or a more precise measurement, as described in the private writing dated the 3rd day of July, 2015, to Pierre and Noella spouses Sladden, and this according to the terms and conditions stipulated in the same private writing or according to those terms and conditions that this Court deems more appropriate in terms of Article 495A(7) of the Civil Code;

2. Appoint Notary Public Claire Camilleri, or any other Notary Public, to publish the relative deed of sale, and set a date, time and place for the publication of the same;


3. Appoint deputy curators to represent the eventual defaulters on that deed of sale; and this saving any other appropriate provision.

With court costs.

Declaration in terms of Article 495A(2) and (4) of the Civil Code:

Kenneth Abela (ID 24079M), declares and confirms on oath:
1. That I am a director of the applicant company;

2. That, the applicant company owns a 129/140 share in the land indicated in this Application. This share was acquired as follows:

i. An undivided half by means of the contract dated the 26th day of March, 1993, and i.e. 70/140;

ii. An undivided 1/7 of half by means of the contract dated the 1st day of March, 2006, and i.e. 1/7 X ½ = 1/14, or 10/140. Thus the share of the applicant company became 80/140;

iii. By means of the contract of the 6th day of April, 2006, five sevenths (5/7) of an undivided half (and i.e. 5/7 X ½ = 5/14 or 50/140), less half of a 1/5 (1/5 X ½ = 1/10) of 1/7 (1/10 X 1/7 = 1/70) of half (1/70 X ½ = 1/140), and therefore 50/140 – 1/140 = 49/140;

iv. Thus the total is 129/140 (49/140 + 80/140).

3. That the applicant company does not know who are the owners of the remaining undivided shares in this land today. 

4. That the applicant company wants to sell the land as stipulated and for the price agreed in the promise of sale agreement dated the 3rd day of July, 2015. I do not know the opinion of the other owners about this promise of sale agreement because I do not know where they are found and neither do I know whether they are alive or dead, and therefore I can declare that I do not know who these owners are. 

5. That the applicant company made a promise of sale agreement with Pierre and Noella spouses Sladden to sell them the entire property at the price of twenty thousand Euro (€20,000). To calculate this price, the applicant company relied on the valuation of Architect Patrick Spiteri Fiteni, hired by it. This promise of sale agreement became, of course, subject to the authorization of this Honourable Court, which authorization is sought by the present instance.
List of Documents:

Doc. A Copy of a public deed received by Notary Public Joseph Smith La Rosa on the 6th day of April, 2006
Doc. B Copy of a public deed received by Notary Public Joseph Gambin on the 26th day of March, 1993
Doc. C Copy of a public deed received by Notary Public Joseph Smith La Rosa on the 1st day of March, 2006
Doc. D Authenticated copy of a promise of sale agreement dated the 3rd day of July, 2015
Doc. E Valuation of the property in question made by Architect Patrick Spiteri Fiteni

Registry of the Superior Courts
Today Wednesday, the 27th day of December, 2017

AVV. DR FRANK-LUKE M. ATTARD CAMILLERI LLD
For the Registrar, Civil Courts and Tribunals



2080

By a decree of the Small Claims Tribunal, of 19th December 2017, the publication of the following bann which appears hereunder was ordered for the purpose of service in terms of Article 929 et seq of the Code of                             Organisation and Civil Procedure (Cap 12).

Bann for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by this Tribunal on the application of the company Go plc was ordered that Deputy Curators be chosen to represent the defendant company Effeesse Ltd in the Notice Number 5/2017PM filed in the Small Claims Tribunal and in all other relative and subsequent acts where it demanded:

That defendant company has to pay the applicant company the sum of €1089.89 in connection with services regarding the Account number 40505666.

The defendant company was solicited to pass on for the payment but remained in default and so this application had to be made against the defendant company who is from now summoned so that a reference to its evidence be made;
 
With costs including the judicial letter 945/16 and with legal interest from the 6th June 2016 the date of filing of the said judicial letter.

This application (Notice Number 5/17PM) is postoned to the 5th February 2018 at 12.30p.m.

Plaintiff company: Go plc, Triq Fra Diegu, Marsa, MRS 1501;
Service: Effeesse Ltd (C67303) – 154, Shop A, The Strand, Gżira.

You are therefore ordered to affix an official copy of this bann in the entrance of the Court and to summon whosoever wishes to act as curator to appear before this Registry within four days, and this by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform every one that if he fails to make this declaration within the stipulated time, this Tribunal 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 bann, you are to inform forthwith this Tribunal.

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Philip M Magri LLD , Doctor of Laws, Adjudicator of the above mentioned Tribunal.

Today 19th December 2017.

Registry of the Magistrates Court (Malta), today 27th December 2017.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


2081

By judgement given by the CIVIL COURT, FIRST HALL on the 31st of October 2017 by Hon. Judge, Lorraine Schembri Orland on application number 394/2016/LSO, Tuesday, 30th January, 2018 at 12.00 p.m., has been fixed for the Sale By Licitation, to be held on the First Floor, Courts of Justice, Republic Street, Valletta. of the following property.

A piece of land with a superficial area of 1,610 square metres. The land consists of two buildings for the use of garages or stores.The central part consists of a field while other parts consist of ruins and a well. The land is free and unencumbered valued at two hundred thousand Euro (€ 200,000).

A piece of land with a superficial area of 231 square metres. The land is free and unencumbered valued at twelve thousand Euro (€12,000).

The said tenements are property of Gatt Nicholas (ID 394752M), Gatt Anthony (ID 282056M), Bajada Joan (ID 318546M), Delia Anna (ID 552547M), Gatt Joseph (ID 431151M), Gatt Paul (ID 556159M), Gatt Mario (ID 199964M), Scicluna Lourdes (ID 751448M) u Gatt Carmel (ID 318646M).

N.B. The said tenements will be sold according to the valuation done by the Architect Godwin Abela and acording to the judgement given by the Hon. Judge, Lorraine Schembri Orland on application number 394/2016/LSO and as described in the Judicial Sales Act No: 43/2017.

Registry for Superior Courts, today Wednesday, 27th December, 2017.

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



2082

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st June 2017, Application number 705/2017 by Anthony Mizzi, whereby Carmen Mizzi residing at 73, Merħba, Triq ix-Xgħajra, Ħaż-Żabbar holding identity card number 0168132(M) was INCAPACITATED by means of a decree given on the 7th December 2017 under the conditions therein mentioned.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 27th December 2017

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals



2083

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 24th April 2017, Application number 512/2017 by Catherine Diacono et, whereby Louis Farrugia, bachelor, son of the late Francis and Maria née Lauron, born in Żejtun, holding identity number 20450(M) was interdicted by means of a decree given on the 7th December 2017.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 27th December 2017

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals


2084

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 23rd January 2017, Application number 85/2017 by Mary Seisun, whereby Angela Genovese née Galea, wife of Carmelo Genovese, daughter Giuseppe Galea and Annunziata Galea née Saliba, born in Żabbar, Malta on the 21st April 1934, residing in Fgura, Malta aged 83, holding identity number 360934(M) was interdicted by means of a decree given on the 12th December 2017.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 27th December 2017

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals