Court Notices published in Govt. Gazette No. 19,934 of 12 January 2018


40

By a decree of the Small Claims Tribunal of 21st April, 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).

Alf Mizzi & Sons (Marketing) Limited (C 8692) of Zachary House, Industrial Estate, Marsa , filed a Claim on the 16th March, 2017, whereby they asked the Tribunal to condemn John Vella (ID 16162G) of 62, Triq Sant’Antnin, Għajnsielem, Gozo to pay the plaintiff company the sum of €790.00, which amount is due to the plaintiff company.


With costs and interest

The case (Claim Number 130/17PM) is deferred on the 5th February, 2018, at 12.30p.m.

Registry of the Courts of Magistrates (Malta), today 8th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


41

By a decree of the Small Claims Tribunal of the 4th September, 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 (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 28th August, 2017 whereby they asked the Tribunal to condemn Colceru Gabriela-Mariana (KI53221A) of Melita, Flat 4, Triq is-Swieqi, Swieqi, to pay the plaintiff company the sum of €989.52, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 393/17AM) is deferred on the 2nd February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 8th January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
42

By means of a decree of the 15th December, 2017, of the Rent Regulation Board, in the records of the Application in the names Carmela Muscat vs Alfred Attard, Application Number 141/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Alfred Attard 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 Carmela Muscat (ID 181048M) vs Alfred Attard (ID 43970M) filed before the Rent Regulation Board on the 23rd October, 2017, the applicant Carmela Muscat (ID 181048M) confired on oath and requested with respect that this Honorable Board:

1. The applicant is the owner of the shop that is bar with the name Red Devils Bar, Pjazza 16 ta’ Settembru, previously Triq Nicola Isouard, Mosta;

2. By means of an agreement dated 4th May, 2016, a copy of which is attached and marked as Document A, the shop in question was given by title of lease to the defendant, and this under the terms and conditions as in the said agreement;


3. That the shop is leased at the rent of €20 every day from the 18th May, 2016 till the 17th May, 2018; at the rent of €22 every day from the 18th May, 2018 till the 17th May, 2019; at the rent of €24 every day from the 18th May, 2019 till the 17th May, 2020; and at the rent of €26 every day from the 18th May, 2020 till the 17th May, 2021, besides €100 by way of payment for the water and electricity bills, and this has to be paid with equal rates every month in advance;

4. The rent for the period from the 18th May, 2017 till the 17th November, 2017, although due was not paid for by the defendant;

5. Besides the defendant is not opening the shop;

6. Clause g of the agreement specifies that: omissis;


7. This failure in payment is a breach of the contractual obligations of the respondent and the applicant has the right to terminate the lease ipso iure;

8. By means of a legal letter dated 7th September 2017 (copy here attached and marked as Document B) the defendant was solicited to pay the arrears of the rent due in terms of the same agreement and where the defendant was informed that the lease of the said shop was terminated with immediate effect.

9. By means of a letter dated 2nd October, 2017 (copy here attached and marked as Document C) sent by the lawyer of the defendant, the said defendant answered that he wanted to pay the arrears due, but no payment was made;


10. By means of a judicial letter number 3513/2017, copy of which is being here attached and marked as Document D, the applicant has informed the defendant that the agreement was dissolved ipso iure in terms of paragraph (g) of the said agreement and the defendant was solicited to vacate the shop de quo;


11. The total amount due is that of €5605.25 which includes €3,560 due as rent arrears, as for €1,745.25 for the water and electricity services (bill attached and marked as Document E) and as for €300 which is the amount due from a bigger amount of €1000 to the applicant regarding a bank freezer, which amount, is certain, liquid and due;


12. The applicant is confirming on oath that in her opinion the defendant does not have any defenses to make to the applicant’s request.

Thus, the applicant requests this Honorable Board to;


1. Orders the proceedings to be heard without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Orders the defendant to vacate the bar with the name Red Devils Bar, Pjazza 16 ta’ Settembru, Mosta, and this within a short and peremptory period that is established by this Honorable Board and for the reasons above mentioned;

3. Orders and condemns the defendant so that he pays the applicant the total amount of €5605.25 representing arrears for rent instalments for the months from the18th May, 2017 till the 17th November, 2017, the amount due for the water and electricity service and the amount due for the bank freezer.

With costs including the legal letter dated 7th September, 2017, and the judicial letter bearing number 3513/2017 against the respondent who is from now summoned so that reference to his oath be made.

The sworn application in the names Carmela Muscat vs Alfred Attard, Application Number 141/2017JD, has been postponed for hearing to the 2nd February, 2018, at 9.00 a.m.

Applicant: Carmela Muscat, Mascot, Triq il-Lunzjata, Mosta

Respondent: Alfred Attard, Micallef & Vella, Flat No. 7, Triq it-Turisti, Qawra
It is in the interest of who receives this sworn application that he contacts a lawyer without delay so that the Court will hear what he has to say.

Who receives this sworn application has to know that this is a summary procedures according to article 16A of Cap. 69 of the Laws of Malta in which procedure the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting (does not appear although duly notified) or if he fails to show, during that sitting, that he has a valid defense and reasons to contest the applicant’s request.

Thus, you as a respondent have to appear before the Board on the day and time mentioned that are estabished and notified to you, and this subject to the necessary declarations and the opportune directions.

 Registry of the Superior Courts, today 5th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



43

By means of a decree given, by the Court of Appeal (Inferior Appeals) in the records of the Application in the names Gioacchino Calleja et vs John Dalli, Application Number 22/12, the following publication was ordered for the service of the respondent John Dalli, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, between Gioacchino Calleja, known as Joachim Calleja and Maria Concetta Calleja vs John Dalli, have been closed the Court, fixed the hearing of this cause on Friday, twenty sixth (26) of January, 2018, at 9.15 a.m.

Notify Respondent: 63, ‘Pax’, Triq San Mikiel, Fgura

Registry of the Superior Courts (Inferior Appeals), today 8th January, 2018

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



44

By decree given by the Civil Court, First Hallon 3rd January, 2018, on the application of North Services Limited (C 18689), Wednesday, 7th February, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at garage number 14/3, Triq il-Belt Valletta, Ħal Qormi, of the following items seized from the property of Mahon Barry (KI 156109A):
Vehicle of the make Honda FIT light blue in colour with the registration number FCH 436.

N.B. The said vehicle will be sold as described in the acts of the judicial file number 14/17.

Registry of the Superior Courts, this Monday, 8th January, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



45

By decree given by the Civil Court, First Hall on 3rd January, 2018, on the application of J. Zammit Limited (C 37945), Wednesday, 14th February, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at ‘St James Court’, Garage number three (3), Triq il-Kappar, Ħ’Attard, of the following items seized from the property of Nappa Spiridione (ID 267381M):

Vehicle of the make Fiat Punto, black in colour with the registration number ACA 518.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 10/17.

Registry of the Superior Courts, this Monday, 8th January, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



46

By decree given by the Civil Court, First Hall on 3rd January, 2018, on the application of Bilom Construction Ltd (C 48672), Wednesday, 14th February, 2018, at half past eleven in the morning (11.30 a.m.) has been fixed for the Sale by Auction, to be held at land in Santa Katarina, limits of Rabat, of the following items seized from the property of JAJ Company Ltd.

Truck Mazda Titan yellow in colour with the registration number ABG 836;
Truck Bedford yellow and grey in colour with the registration number CAA 293;
Truck Isuzu yellow in colour with the registration number DAU 056;
Truck Leyland yellow in colour with the registration DAI 746;
Leyland Concrete Mixer colour in yellow with the registration number EAF 614;
Leyland Concrete Mixer yellow in colour with the registration number FBE 502;
Leyland Ted Horse yellow in colour with the registration number FBN 093;;

Iveco Pool Hole Bares colour in grey with the registration number HBA 312.

N.B. The said objects will be sold as described in the acts of judicial file number 34/17.

Registry of the Superior Courts, this Monday, 8th January, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



47

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 25th October 2017, following a request of Jonathan Mallia it was ordered that deputy curators be chosen to represent the absent Liliana Mallia (ID 29386M) in the records of the Letter of Mediation 1523/17 RGM, in the names ‘Jonathan Mallia vs Deputy Curators’ and in the relative and subsequent acts.

By means of a Letter presented in the Civil Court (Family Section) to the Registrar Civil Courts (Family Section) Courts of Justice, Valletta, Letter in terms of Reg. 9 of the Subsidiary Legislation 12.20, the interpellant Jonathan Mallia (ID 29386M) asked that there be granted exclusively to him the care and custody of his daughter … omissis …, saving the right of reasonable and adequate access to the defendant and in order that the maintenance for the same minor be regulated.

Wheres the interpellant did not succeEd to communicate with Liliana Mallia (ID 552661A)HE asked this Honourable Copurt to appoint deputy curators to represent the absent Liliana Mallia (ID 552661A) and this under those provisions that this Honourable Court deems fit to impose.

Applicant: 102, Triq souard, Marsa

Respondent: Deputy Curators

You are therefore ordered to affix an official copy of this bann 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, this 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 this bann, you are to inform forthwith this Court.

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.

Today 27th December, 2017

Registry of the Civil Courts (Family Section), today 8th January, 2018

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

48

Notice, Registry of The Civil Court (Family Section)

Whereas the plaintiff Noel Caruana (ID 26084M) filed an application under oath (No. 1/18RGM) demanding Corrections in the Act of Birth of the minor child minor child Alayzah Sammut number 6203/2014 respectively in the Public Registry.

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

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

By order of the Court

Registry of the Superior Court

This 8th of January, 2018

KAREN FALZON
For Registrar, Civil Courts and Tribunals

49
 
Notice is hereby given that by a decree of the Court of Appeal (Inferior Jurisdiction), entered on the 20th day of October, 2017, in the records of the Application in the names Christian O. Senciuc vs HSBC Bank Malta plc (C 3177), Application Number 763/2015 JB, it was ordered that service upon Christian O. Senciuc be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Inferior Jurisdiction), in the names Christian O. Senciuc vs HSBC Bank Malta plc (C 3177) on the 18th day of March, 2016, the appellant company HSBC Bank Malta plc (C 3177) respectfully submitted:

That this lawsuit relates to the alleged deposit of one thousand and five hundred euro (€1,500) in cash, allegedly made by the applicant through the deposit machine of the San Ġwann Branch of HSBC Bank Malta plc, on the 26th day of May, 2015. That since this alleged deposit was not processed, precisely because even as amply demonstrated during the proceedings of the cause, this cash never resulted to have been deposited with the defendant bank, this claimed amount was not recorded in the applicant’s account. Therefore, the appellee asked the appellant bank to pay the aforementioned sum of €1,500;

That this appeal is being filed after that the Small Claims Tribunal by a judgment dated the 29th day of February, 2016, upheld the claim of the applicant (which claim was presented on the 14th day of September, 2015, and is quoted in the said Application of Appeal), while rejecting the appellant’s bank defenses (which defenses were presented on the 9th day of October, 2015, and are also quoted in the same Application of Appeal);

That in the said Application of Appeal the applicant bank synthetically lists the considerations that seem to have moved the Tribunal to the decision abovementioned;

That the applicant bank felt aggrieved by the judgment mentioned above and is therefrom filing this humble appeal. That the grievances of the Bank are clear and manifest and briefly consist of the following:

First Grievance: Pacta sunt Servanda. The Tribunal had to apply the condition that is found on the deposit slip that was generated as soon as the appellee keyed in the amount of €1,500 … omissis … which condition the Bank has never renounced to, neither explicitly nor tacitly and therefore pacta sunt servanda,

Second Grievance: From a procedural point of view, the judgment is mistaken. The tribunal disregarded the general rules on the burden of proof and this without good cause … omissis …,

Third Grievance: Had the Tribunal weighed the evidence fairly and properly, it would have come to a different conclusion. In its decision, the Honourable Tribunal has chosen to ignore certain essential evidence for the outcome of the present cause … omissis … It appears that the Tribunal has not analysed the evidence correctly and did not understand a crucial fact … omissis …,

That the appellant Bank, in the same Application of Appeal abovementioned, narrated in detail the facts that gave rise to the present proceedings (the facts of the cause) while humbly submitting detailed observations on each of the abovementioned grievances and id est about the (i) First Grievance: The terms on the receipt had to apply… omissis … the appellant Bank reiterates that the Tribunal should have applied the principle pacta sunt servanda and concluded that the Bank was legally right when it decided not to credit the account of the appellee … omissis …; (ii) Second Grievance: The Tribunal did not follow the rule of the burden of proof in civil matters … omissis … That while it is true that the Small Claims Tribunal has certain discretion to decide in accordance with equity, this does not mean that it can override basic rules without any justification...omissis..., and (iii) Third Grievance: Lack of appreciation of the evidence … omissis … That with all due respect the Tribunal seems to not have grasped this crucial fact – that from the information held by the bank it was not in a position to contact the appellee because only the first set of numbers of the card used to generate the deposit slip are recorded on the journal roll … omissis … That the Tribunal discarded as well important documents which were exhibited … omissis …

Thus, while making reference to the evidence submitted and reserving the possibility to produce further evidence if permissible under the law, the appellant Bank HSBC Bank (Malta) plc respectfully asks that this Honourable Court of Appeal revokes in its entirety the judgment of the Small Claims Tribunal dated the 29th day of February, 2016, in the above-cited names and instead reject the claim of the applicant appellee, with all the costs of both instances against the same appellee.

Appellant Company:  HSBC Bank Malta plc (C 3177), 32, Triq il-Merkanti, Valletta

Services: Christian O. Senciuc, 51, Olympic Flat 4, Triq l-Adrijatiku, San Ġwann

Registry of the Superior Courts, Inferior Appeals

Today Monday, the 8th day of January, 2018

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


50

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 8th day of January, 2018, following the request of Richard Bonello (ID 120237M) et, it was ordered that deputy curators be appointed to represent the owner/s and/or heir/s in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 1865/2017 in the names Richard Bonello (ID 120237M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 9th day of November, 2017, in the First Hall of the Civil Court, in the names Richard Bonello (ID 120237M), Maurice Caruana (ID 748136M), Alfred Bonello (ID 865039M), Victor Caruana (ID 348045M), Maria Dolores sive Doreen Azzpoardi (ID 694761M), Antonella Mousù (ID 668538M), Hugh Caruana (ID 383746M), John Briffa (ID 810040M), Oliver Briffa (ID 796750M), Rev. Cyrol sive Silvio Briffa (Maltese Passport 1129473), and Mary Carmen Large (ID 361742M)

vs

Deputy Curators to represent the owner/s and/or heir/s, Richard Bonello (ID 120237M) et respectfully submitted:


That the depositors together are the owners of tenement number 39, Triq San Ġorġ, Birżebbuġa, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said tenement is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €55.40 which represents the price of redemption of the said ground rent in order to be freely withdrawn by the deputy curators appointed to represent the owner/s and/or heir/s, after the due receipt is left according to law.

Depositors: Richard Bonello (ID 120237M) et, Palm Court App. 4, Triq il-Mensija, San Ġiljan
Services: Deputy Curators, Superior Courts, Valletta


Director of the Public Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph Zammit McKeon, LLD, Doctor of Laws.

Dated this 8th day of January, 2018

Registry of the Superior Courts

Today Tuesday, the 9th day of January, 2018

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



51

Notice, Registry of the Civil Court, First Hall

Whereas Stephen Zawia (ID 143902L) filed an application under oath (No. 11/2018/LSO) demanding Correction in the Act of Birth Number 1439/2002 in the Public Registry.


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

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

By order of the Court
Registry of the Superior Court

Today 9th January, 2018

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals



52

By means of a decree given by the Civil Court (Family Section) on the 6th December, 2017, in the records of the Sworn Application in the names Borg Edward (ID 258071M) vs Lotino Borg Ritchel (ID 46752A) Application number 238/17 RM, the following publication was ordered for the purpose of service of the defendant Ritchel Lotino Borg, in terms of Article 178(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil court (Family Section) in the names Applicant Edward Borg (ID 258071M) vs Ritchel Lotino Borg (ID 46752A) on the 31st October, 2017, the applicant Edward Borg (ID 258071M) respectfully pleaded:

1. That between the parties there are mediation proceedings which are pending in the names above premised however inverted;

2.That by means of an application of the defendant of the 26th September, 2017, the same defendant asked this Honourable Court,
‘To uphold the interpellant’s demands and authorise the interpellant to change the minor’s school from that of Mosta to that of Zurrieq;

3.That the applicant objected to these demands and this because,

… omissis …;

4. That by means of a decree of the 11th October, 2017, the Honourable Family Court decided so:

‘The Court

 Saw the application of the 26th October 2017 and the reply,

Upholds the demand, however this is to take place after the Christmas holidays;

5.That by means of an application presented on the 11 July, 2017, the defendant asked the Family Court so that,

1) It orders that a Children’s Advocate be appointed to hear the minor … omissis … and prepare a detailed report regarding the facts,
2) Order that till there is a final report of the Children’s Advocate and eventual Decree of this Honourable Court, the father’s access to the minor … omissis … be reduced to twice weekly;

6.That the interpellant by means of his reply of the 14th September, 2017, did not object that there be appointed a Children’s Advocate, but objected that this Advocate make a report;

7. That the Family Court by means of a decree of the 15th September, 2017, appointed Dr Stephanie Galea,as Children’s Advocate so that after talking to the minor it reports back to the Court, as regards these demands;

8. … omissis …;

9. … omissis …;

10. That the interpellant feels aggrieved by the decision of the Family Court of the 11th October, 2017, and this because,

a. That with the due respect to the Children’s Advocate, the Children’s Advocate is a Children’s Advocate and nothing more. She is not a psychologist nor therapist and should not exhorbit her competence,

b. The Children’s Advocate is not a legal expert nor a technical expert and should not have reached her conclusions simply because she heard the minor’s version,

c. That the interpellant is not a criminal nor has the fame of one,


d. That the Family Court unfortunately did not enter into detail as regards the case between the defendants but in the humble submission of the interpellants treated the case lightly;

11. That he knows these facts personally and thus this cause had to be made.

Thus, the defendant is to state why this Honourable Court should not revoke contratrio imperio the decrees of the Honourable Family Court above mentioned which were granted in the records of Mediation in the names ‘Ritchel Borg Lotino vs Edward Borg’, Letter Number 544/17, of the 11th October, 2017, where she upheld the defendant’s demands as founded in her application of the 26th September, 2017, and that of the 17t October, 2017.

List of Witnesses

List of Documents
Applicant: Flt 1, Lucia Apartments, Triq id-Delu, Mosta


Notify Defendant: 54, Mary Lou, Basement Flt, Triq Filippu Farrugia, Żurrieq

The Sworn Application in the names Borg Edward vs Lotino Borg Ritchel, Application Number 238/17 RM, has been deferred for hearng to Tuesday 16th January, 2018, at 9.15 a.m.

Registry of the Civil Courts (Family Secton), today 9th January, 2018

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



53

By a decree of the Court of Magistrates (Malta) of the 5th December, 2017, 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).

George & Rocco Car Centre Limited (C 52595) of 1, Vjal il-Labour, Naxxar, filed a Claim on the 5th July, 2017, whereby they asked the Court to condemn Massimo Lovegrove (ID 201473M) of Flat 14, Blk C, Triq Barth, St Julian’s, to pay the plaintiff company the sum of €10,962.99, which amount is due to the plaintiff company.

With costs and interests

The case (Notice Number 183/17CFF) is deferred to the 6th February, 2018, at 9.30 a.m.

Registry of the Courts of Magistrates (Malta), today 9th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


54

By a decree of the Small Claims Tribunal of the 21st August, 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 (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 16th August, 2017, whereby they asked the Tribunal to condemn John Baptist Borg (ID 581262M) of 243, Triq in-Naxxar, Birkirkara, to pay the plaintiff company the sum of €1857.31, which amount is due to the plaintiff company.
With costs and legal interests

The case (Claim Number 365/17AM) is deferred on the 9th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 9th January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.



55

By decree given by the Civil Court, First Hall on 15th December, 2017, on the application of Falzon Gough Patrick, Thursday, 22nd February, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

1. The tenement numbered ninety-five A (95A) in Triq Depiro, Tas-Sliema. The property is free and unencumbered valued at eleven thousand six hundred forty-six euro and eighty-seven cents (€11,646.87);

2. First floor maisonette numbered ninety-three (93) in Triq Depiro, Tas-Sliema. The property is subject to an annual rent of forty-one euro and ninety-two cents (€41.92) The property is free and unencumbered valued one hundred and fifty-one thousand four hundred and nine euro (€151,409);


3. First floor maisonette numbered ninety-eight (98), in Triq Depiro, Tas-Sliema. The property is subject to an annual rent of fifty-five euro and ninety cents (€55.90) valued at eleven thousand six hundred and forty-six euro and eighty-seven cents (€11,646.87);


4. Ground floor tenement numbered one hundred and three (103) in Triq Depiro, Tas-Sliema. The property is subject to an annual rent of fifty-five euro and ninety cents (€55.90) valued at nine thousand three hundred and seventeen euro and forty-nine cents (€9,317.49);

5. Tenement numbered one hundred and two (102) in Triq Depiro, Tas-Sliema. The property is free and unencumbered valued one hundred and fifty-one thousand four hundred and nine euro (€151,409);

6. The tenement numbered ninety-nine (99) in Triq Depiro, Tas-Sliema. The property is subject to an annual rent of fifty-five euro and ninety cents (€55.90) valued ninety- three thousand one hundred and seventy-four euro (€93,174);
7. The tenement numbered ninety-four (94) in Triq Depiro, Tas-Sliema. The property is free and unencumbered valued at eighty-one thousand five hundred twenty-eight euro (€81,528);

8. The tenement numbered ninety-seven (97) in Triq Depiro, Tas-Sliema. The property is free and unencumbered valued at two hundred and nine thousand, six hundred and forty-three euro (€209,643);

9. The tenement numbered ninety-six (96) in Triq Depiro, Tas-Sliema. The property is subject to an annual rent of fifty-five euro and ninety cents (€55.90) valued thirteen thousand nine hundred and seventy-six euro (€13,976);


10. The tenements numbered hundred (100) and hundred and one (101) in Triq Depiro, Tas-Sliema. The properties are subject to an annual rent of one hundred and eleven euro and eighty-one cents (€111.81). The property is valued two hundred and seventy-nine thousand, five hundred and twenty-four euro (€279,524);

11. Garage in Triq Tonna, Tas-Sliema, free and unencumbered valued eighteen thousand six hundred and thirty-four euro (€18,634);

12. The tenement numbered ninety-five (95) in Triq Depiro, Tas-Sliema. The property is presently in possession of another person. The property is valued one hundred and four thousand eight hundred and twenty-one euro (€104,821).

The said tenement is the property of Falzon Carmelina et.

N.B. The said tenement will be sold as described in the Judicial Sales Act 26/15 and as described in the report sworn by Architect Valerio Schembri.

Registry of the Superior Courts, this Tuesday, 9th January, 2018

RUDOLPH MARMARÀ
For Registrar, Civil Courts and Tribunals



56

Notice is hereby given that by a decree of the Court of Appeal, entered on the 13th day of October, 2015, in the records of the Sworn Application in the names Avukat Dr Joseph Camilleri noe vs O.S.A. Limited (C 26976), Sworn Application Number 1077/2010/1, it was ordered that service upon O.S.A. Limited (C 26976) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Reply to Appeal filed in the Court of Appeal, in the names Avukat Dr Joseph Camilleri noe vs O.S.A. Limited (C 26976) on the 29th day of December, 2014, Avukat Dr Joseph Camilleri noe respectfully submitted:

That in this lawsuit the plaintiff, which is a Dutch company that produces and sells clothing, is proceeding against O.S.A. Limited, a Maltese importing company, for a debt of €27,543.43, balance of a larger sum, cost of goods sold and delivered on the order of the same defendant. For its part, the defendant O.S.A. Limited filed a counterclaim for damages because it alleges that the goods delivered had several shortcomings and the deliveries were late and not together;

That the defendant O.S.A. Limited is now appealing from a judgment of the 6th day of November, 2014, by which the Court dismissed the pleas and the counterclaim of O.S.A. Limited (which pleas were filed on the 14th day of February, 2011, and their summary is given in the abovementioned Reply to Appeal) and upheld the claims of the plaintiff (which claims were presented on the 23rd day of October, 2010, and are quoted in abovementioned Reply to Appeal). That the abovementioned Reply to Appeal also reproduces briefly the defense of the plaintiff appellee to the counterclaim for damages;

That the abovementioned Reply to Appeal elaborates on the crux of the dispute between the parties. … omissis … On the legal principles, it appears that the parties were agreeing. The crux of this lawsuit was rather one of a disagreement about the facts and the necessity of proof of the balance due (with respect to the claims of the plaintiff) and proof of damages (with respect to the counterclaim of O.S.A. Limited) … omissis … In its appeal, O.S.A. Limited essentially invites this Court of Appeal to review the evidence again and change the conclusions of the Court of First Instance on the facts of the case … omissis … with respect the Honourable Court as a Court of Appeal should not disturb the conclusions of the Court of First Instance on facts provided that serious reasons do not result … omissis … That the abovementioned Reply to Appeal also refers to judgments on this point;

That taking into account both the nature of the dispute, and in particular the ground of appeal, the applicant will reiterate some observations which it submitted before the Court of First Instance on the issue of the standard of proof, and the witnesses summoned in the course of the proceedings (reference is here made to the section entitled ‘Submissions on the merits of the appeal’ in the abovementioned Reply to Appeal which elaborates in detail upon both the standard of proof as well as on the witnesses summoned in the course of the proceedings). It is respectfully submitted that the contested decision was legally correct and morally fair and deserves to be confirmed;

That the abovementioned Reply to Appeal elaborates on the amount owed. The requested amount of €27,543.43 was not only confirmed on oath by Pieter January Rombout, Financial Director of Garcia B.V., but also results from documents annexed to the Sworn Application. … omissis … That thus the balance due by the defendant has been amply proved. It was then the defendant’s turn to prove that this balance is not due for the reasons adduced by it in its counterclaim;

That the abovementioned Reply to Appeal also elaborates on the pleas of the defendant. The defendant alleges late deliveries and products of inferior quality to that agreed. But was the best proof of this brought? … omissis …;

That the abovementioned Reply to Appeal goes into detail on the claim for damages. The same lack of evidence also applies to the counterclaim for damages … omissis … The defendant O.S.A. Limited asserts that because of late and fragmented deliveries and defects in the merchandise it suffered damages … omissis … The defendant cannot expect that a figure be liquidated, even arbitrio boni viri, if it does not try to quantify the losses allegedly suffered. Without prejudice to the foregoing, dato ma non concesso that any damages should be payable, they have to be de minimis for the reasons given in the Reply to Appeal. It remains the fact, however, that there was no attempt by the defendant to liquidate and prove the amount of damages, so therefore it is submitted that the counterclaims cannot and should not be accepted;

That for the above-cited reasons, given in detail in the abovementioned Reply to Appeal, the foreign company appellee, while making reference to the evidence submitted and firmly keeps the observations submitted before the Honourable Court of First Instance, respectfully submits that the appeal of the defendant, today appellant, O.S.A. Limited deserves to be rejected, and the judgement confirmed, with costs of both instances against the appellant company O.S.A. Limited and with interest as demanded in the original application.

Plaintiff Appellee: Avukat Dr Joseph Camilleri noe, Mamo TCV, 103, Triq id-Dejqa, Valletta

Services: O.S.A. Limited (C 26976), 66, Triq l-Adrijatiku, The Village, San Ġwann

Registry of the Superior Courts

Today Tuesday, the 9th day of January, 2018

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



57

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 29th of December, 2017 (Application number 103/2017JVC) Josephine Camilleri requested the opening of the Succession of Antonio Meilak, bachelor, son of the late Francesco and Carmela née Mizzi, born and who used to reside in Nadur, Gozo, died in Victoria, Gozo, on the first (1st) of Novembru of the year two thousand and seventeen (2017) testate, which opening of succession is to be made in favour of his only heir Josephine, wife of Joseph Camilleri.

Wherefore, any person who considers 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.


Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

This 9th January, 2018

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals



58

By means of a decree given by the Court of Appeal (Superior Jurisdiction) in the records of the Application in the names Josette Psaila (ID 0161579M) vs Arthur Salerno (ID 0491775M), Application 55/17, the following publication was ordered for the purpose of service of the respondent Arthur Salerno, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application presented in the Court of Appeal (Superior Jurisdiction) in the names Josette Psaila (ID 0161579M) vs Arthur Salerno (ID 0491775M) on the 7th July, 2017, the applicant Josette Psaila respectfully pleaded:

That the parties married on the twenty-eight (28) of August of the year one thousand nine hundred ninety eight (1998) and there marriage is registered in the Public Registry, with number, by decree of the 9th August 2017, the number 1113 was changed to number 1527, of the year one thousand nine hundred ninety eight (1998) as appears from the annexed Certificate, Doc. A.

That the parties had proceeded before the Metropolitan Tribunal of the Archidiocese of Malta, so that their marriage be declared null (Prot. No. 15/023).

That this marriage was in fact declared null in terms of the definitive judgement of the Tribunal of First Instance decided on the twenthy sixth (26) of April of the year two thousand and sixteen (2016), an authentic copy is being annexed and marked as Doc. B,

That thus an Executive Decree according to law was given, which decree was given on the twenty fifth (25) of May of the year thousand and sixteen (2016), an authentic copy of which is being hereby annexed and marked as Doc. C;
That the applicant wishes that this decision be declared executable in Malta in terms of Article of Cap. 255 of the Laws of Malta;

Thus, the applicant humbly prays this Honourable Court so that:

1. It declares the decision given by the Metropolitan Tribunal of Law on the twenty sixth (26) of April of the year two thousand and sixteen (2016) (Prot. No 15/023) and confirmed by an Executive Decree of this judgement as one which is executable in Malta, which was given the twenty fifth (25) of May of the year two thousand and sixteen (2016), and

Consequently order the Director Public Register to register as should be the definitive decision of the said Regional Tribunal of First Instance given on the twenty sixth (26) of April of the year 2016 (Prot. No. 15/023) which declared null the marriage between the applicant and the respondent celebrated in the parochial church of Saint Catherine, Żurrieq, Malta, on the twenty eight (28) of August of the year one thousand nine hundred ninety eight (1998) and this as provided by Articles 23 and 24 of the Marriage Act, Cap. 255 of the Laws of Malta.

Notify:

 1. Respondent: Arthur Salerno, 6, HouseFeeing,Triq Tumas Fenech, Ħal Qormi

2. Respondent Arthur Salerno, 347, Main Street, Ħal Qormi

Registry of the Superior Courts (Superior Jurisdiction), today 10th January, 2018

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



59

By decree given by the Civil Court, First Hall on the 29th December, 2017, on the application of HSBC Bank Malta plc (C 3177), Thursday, 22nd March, 2018, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Showroom unnamed and unnumbered, previously known as ‘Il-Gorna’ or ‘Il-Kenn’, in Triq Dun Karm Psaila, Birkirkara, including its airspace, free and unencumbered valued at four hundred and ninety thousand euro (€490,000).

The said tenement is the property of Avantgarde Holdings Limited (C 27163).
N.B. The said tenement will be sold as described in the acts of judicial sales number 84/2016.

Registry of the Superior Courts, this Wednesday, 10th January, 2018

RUDOLPH MARMARA
For the Registrar, Civil Courts and Tribunals



60

By decree given by the Civil Court, First Hall on the 19th December, 2017, on the application of Caniglia Maria Dolores nomine (ID 700960M) et, Thursday, 22nd February, 2018, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblik, Valletta, of the following property.

Property numbered twenty-four (24) in Triq l-Oratorju, Ħal Qormi, on the first floor with its airspace, overlying a third party garage with all its rights and appurtanences. The property is free and unencumbered valued at seventy-five thousand euro (€75,000).

The said tenement is the property of Concetta Maria Baldacchino, represented by Maria Dolores Caniglia nominated by a decree given on the 2nd February, 2017; Dr Christopher Mercieca; Stephen Mercieca; Catherine-Ann Mercieca;

Josephine Tanti, Paul Baldacchino, Rita Depeater u Anthony Baldacchino; David Baldacchino, Carol Haldenby, Julie Baldacchino, Mark Baldacchino, John Baldacchino u Paul Baldacchino, heirs of the deceased Joseph Baldacchino; Belinda Pawley, Tanya Sullivan and Mark Baldacchino, heirs of the deceased Mario Baldacchino; represented by Dr Joseph Ellis and PL Veronica Rossignaud nominated by decree of the 2nd December, 2013.

The heirs of the deceased Doris née Baldacchino represented by Dr Yana Micallef Stafrace and PL Jean Pierre Busuttil nominated by decree of the 2nd December, 2013.

The heirs of the deceased George Baldacchino represented by Dr Simon Micallef Stafrace and PL Nicolette Aquilina nominated by decree of the 6th December, 2013.


N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2017.

Registry of the Superior Courts, this Wednesday, 10th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals