Court Notices published in Govt. Gazette No. 19,940 of 26 January 2018

136

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 18th day of October, 2017, in the records of the Sworn Application in the names Patrick Cachia (ID 179954M)  vs Robert Cachia et, Sworn Application Number 735/2017 TA, it was ordered that service upon Robert Cachia, Glen Cachia and Paul Ross 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 Sworn Application filed in the First Hall Civil Court, in the names Patrick Cachia (ID 179954M)  vs Robert Cachia, Glen Cachia and Paul Ross on the 10th day of August, 2017, the applicant Patrick Cachia (ID 179954M) asked this Hounourable Court to:

1. Declare that the defendant Robert Cachia acted as a representative (presta nome) on behalf of the plaintiff and with his act he breached the relative obligations vis-a-vis the same plaintiff;

2. Declare that because of such violation of obligations by the respondent Robert Cachia against the plaintiff, the defendant could not transfer the property to the other defendant Glen Cachia and consequently the transfer from the defendant Glen Cachia to the other defendant Paul Ross is also null and this because “quod nullum est nullum producit effectum”;

3. Order the rescission and nullity of the contracts between Robert Cachia and Glen Cachia that dated the 20th day of October, 2016, in the records of Notary Dr James Grech as well as the contract of exchange dated the 22nd day of February, 2017, between Glen Cachia and Paul Ross also in the records of Notary Dr James Grech;

4. Appoint a notary for the publication of the acts of recission along with deputy curators to represent the eventual defaulters on the act and this at the expense of the defendants in solidum;

5. Fix a day, time and place for the purpose of the publication of the said acts of recission;

6. Order the defendants or either of whom to immediately vacate the same property and freely release it in favour of the plaintiff;

7. Alternatively, allow the other demand (for damages) as set out in the abovementioned Sworn Application.

With court costs as demanded 

Applicant: Patrick Cachia (ID 179954M)

Services: Robert Cachia and Glen Cachia, 48, Honey Bun, Flat 5, Triq il-Kapuċċini, San Ġwann

Paul Ross, 154, San Ġuda, Triq il-Merżuq, Birżebbuġa

The Sworn Application in the names Patrick Cachia (ID 179954M)  vs Robert Cachia et was put off for hearing to the 29th day of January, 2018 at 9.30am.
Registry of the Superior Courts

Today Tuesday, the 23rd day of January, 2018

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

137

By means of a decree of  the 23rd  of  January 2018 given on an application of  Martyn Richard Lamb,  filed on the 22nd of  January,  2018,  in the records of  Application number  1505/2017 wherein it was ordered the publication of the inventory of the estate of the late  John Philip Rabaiotti (ID 0027363A), son of the late Giuseppe and Catherine née Dowling, born at Surry in United Kingdom, and died at Tas-Sliema, Malta, on the 8th of December, 2016,  aged 71 years 

This publication is going to be held  on Wednesday the 7th of February, 2018, at five o’clock in the afternoon (5.00 p.m.) at the office with number 21, Triq il-Kavallerizza, Marsaxlokk, under the ministry of  Notary Dr  Mark Cutajar.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today  the  23rd  day of  January, 2018

MARCEL BUGEJA
For the Registrar, Civil Court and Tribunals
                           
138

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 18th day of October, 2016, in the records of the Sworn Application in the names Mark Napier  vs Andre Bianchi, Sworn Application number 84/2015LM, it was ordered that service upon Mark Napier be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Mark Napier  vs Andre Bianchi on the 2nd day of August, 2016, Andre Bianchi (ID 629462M) respectfully submitted:

That the facts giving rise to this dispute are summarised in the abovementioned Application of Appeal;

That by means of his Sworn Application the appellee filed in the Honourable First Hall of the Civil Court the claims quoted in the abovementioned Application of Appeal;

That by means of his Sworn Reply the appellant argued as quoted in the abovementioned Application of Appeal;
That by a judgment in the above-cited names delivered by the First Hall of the Civil Court on the 15th day of July, 2016, the Court rejected the pleas submitted by the appellant and upheld the claims of the appellee, and therewith declared that the part of the roof over the property of the appellee is his property and that the applicant is not its owner and set a term of three months to remove all the works he erected on the same roof and close off the roof at his expense and in default authorized the appellee to make such works under the direction;

That the applicant feels aggrieved by the judgment of the Honourable First Hall of the Civil Court, is the cast party and is filing this Appeal therefrom. That the grievance of the applicant is clear and manifest and consists in the fact that once the part of the roof in question is an integral part of the property of the applicant, is only accessible from the property of the applicant and is  separate, distinct and segregated from the property of the appellee, and has been so since the original group of buildings was divided into three distinct properties decades ago, consequently such a part of the roof should be considered a part of the rest of the roof in question therefore property of the applicant;

That thus the grievance of the applicant consists of the following: (1) That the applicant feels aggrieved by the application made by the Court of Article 323 of Cap. 16 of the Laws of Malta … omissis …; (2) That in addition, the grievance of the applicant also consists in the fact that the Court did not give proper consideration to the way the roof in question is divided, or rather how it is one roof … omissis …, and (3) That the present cause is actually identical to the cause cited by the First Hall of the Civil Court in its judgement, or rather the cause Catherine Buttigieg vs Joseph Galea decided on the 28th day of January, 2004, … omissis …;

That when one looks at the facts of the abovementioned case and the facts of the current dispute, it follows that they are identical … omissis …;

That from the evidence it results that the entire roof including that part in question remained exclusively used by the applicant and/or the occupants of Villa Icilio and that the plaintiff and/or his predecessor has never had access to or possession of the same roof which has always been considered an integral part of the property of the applicant … omissis …;

That all this will be clearer in the mind of this Honourable Court if it physically inspects the place in question … omissis …;

That the applicant is aggrieved by the interpretation given by the Honourable Court of the fact that the door giving access to the roof does not give direct access to the part in contestation but gives access to the part over the property of the applicant … omissis …;
That the applicant is also aggrieved by the fact that the Court relied on the plan attached with the contract of division when it said that if there was the intention that the part of the roof in question be part of Villa Icilio, then it would have been indicated in the same plan … omissis …;

Therefore, the applicant, whilst making reference to the evidence and all the documents submitted in First Instance, and while reserving to submit all the evidence permitted to him by law, is asking this Honourable Court of Appeal to saving any statement that it deems appropriate and opportune, set aside the judgment delivered by the First Hall of the Civil Court of the 15th day of July, 2016, in the above-cited names and instead decide the cause by upholding the pleas of the appellant defendant and rejecting the claims of the plaintiff.

With the costs of both instances against the appellee

Appellant: Andre Bianchi (ID 629462M), Villa Icilio, Triq Annibale Preca, Ħal Lija

Services: Mark Napier, 58, Triq Annibale Preca, Ħal Lija

Registry of the Superior Courts
Today Tuesday, the 23rd day of January, 2018

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

139

Notice is hereby given that by means of an Application filed in the Civil Court (Voluntary Jurisdiction Section) on the 16th of  January, 2018, by Margaret Mifsud and Josephine Zahar, number 62/2018,  wherein they  prayed to be declared open in their favour in shares of one half (1/2)  undivided each the Succession  of  their mother Prassede Camilleri (I.D. 0345629M) widow of Giuseppe Camilleri, daughter of the late Raffael Mifsud and Maria née Frendo, born and resided at Cospicua and died at Tal-Qroqq, msida on the 11th of June, 2017, aged 88 years.

Whoever considers that has an interest, he  is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to Law.

Registry of the Civil Court(Voluntary Jurisdiction Section)

Today the 23rd day of  January,  2018

MARCEL BUGEJA
For the Registrar, Civil Courts and Tribunals

140

By means of a decree given, by the Civil Court (Family Section) in the records of the Sworn Application in the names Mizzi Christabel vs Mizzi Marlon, Sworn Application number 199/17 AL, on the 23rd November, 2017, the following publication was ordered for the purpose of service of the respondent Marlon Mizzi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Christabel Mizzi (ID 307491(M) vs Marlon Mizzi (ID 127383M) on the 28th August, 2017, the applicant Christabel Mizzi, (ID 307491M) asked this Honourable Court,

1. To declare and pronounce the personal separation between the parties spouses Mizzi for the reasons premised in the application, authorise the plaintiff to live separately from her husband, the defendant and uphold the other demands in the application.

With all costs, incurred by the applicant against the defendant summoned so that a reference to his evidence be made.

Applicant: Block Y2, Flat 6, Triq il-Ħelsien, Ħal Qormi

Notify: Marjoh, Flat 2, Triq Dun Bartilmew Attard, Ħaż-Żebbuġ

The Sworn Application in the names Mizzi Christabel vs Mizzi Marlon, Application number 199/17 AL, been deferred for hearing to the 22nd February, 2018, at 9.15 a.m.

Registry of the Civil Courts (Family Section), today 22nd January, 2018

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

141

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 10th day of November, 2017, in the records of the Sworn Application in the names Avukat Dr Henry Saydon (ID 458180M) vs Riger Dov (ID 62452A), Sworn Application number 32/2015 LM, it was ordered that service upon Riger Dov (ID 62452A) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Avukat Dr Henry Saydon (ID 458180M) vs Riger Dov (ID 62452A) on the 8th day of May, 2017, Avukat Dr Henry Saydon (ID 458180M) respectfully submitted:
That by the Sworn Application number 32/2015, the applicant submitted that he had rendered various legal services to the defendant between November 2012 and March 2013, in May 2013 and between July 2013 and September 2013 … omissis … that the defendant … omissis … has still not paid for the service of the Association (Universal Order of Light). Therefore, the applicant requested that the defendant be ordered to pay the sum of €11,914c as the fee due for the legal service rendered by the applicant to the defendant in relation to the drafting of documents for the constitution of an Association (Universal Order of Light);

That the defendant, in turn, argued that quoted in the abovementioned Application of Appeal;

That by a judgment of the 19th day of April, 2017, the First Hall of the Civil Court upheld the first plea of the defendant and dismissed the claims of the plaintiff with court costs against the same plaintiff;

That the plaintiff himself felt aggrieved by this judgment and is respectfully filing this humble appeal therefrom. That the grievances are clear and consist:

1. First Grievance – that the Court of First Instance required a standard of proof from the plaintiff that is not in accordance with the Civil Code … omissis … It should result that the plaintiff absolved himself of the burden of proof of the obligation both because he testified himself and also because he submitted the relative documents … omissis … With all these facts and documents exhibited, it is the humble opinion of the appellant that the Court of First Instance was mistaken to require a higher degree of proof than that which was submitted before it and therefore its conclusion that the plaintiff failed to reach the standard of proof is also mistaken;

2. Second Grievance – that the First Court raised di sua sponte a defense not raised by the defendant, and at the same time upheld the first plea of payment of the defendant without requiring proof of payment … omissis … the applicant points out that the first plea of the defendant concerned something completely different … omissis … the first plea of the defendant pleaded the payment for all the services rendered by the plaintiff … omissis … the defendant had to prove that he paid and that he paid for all the services rendered by the plaintiff … omissis … In the records of the cause there is no evidence of payment with respect to the Association. Of course, because the payment has not been made … omissis … ;

3. Third Grievance – that the Court of First Instance misapplied or had not applied the legal principle contra scriptum testimonium non fertur, and had it applied this principle to the evidence submitted before it, the version reflecting the truth would have resulted … omissis … There is no justification for the Court of First Instance in opting to believe the defendant’s version that the payment even of the Association merits of this cause (differently to the Foundation) was made in advance when this goes completely contrary to what has been proven by written evidence a tempo vergine … omissis … our courts, when faced with contrasting versions, give greater weight to what is written and in particular what is written a tempo vergine … omissis … the Court of First Instance would have reached a different decision had it given the principle contra scriptum testimonium non feritur the weight it merited;

4. Fourth Grievance – the Court of First Instance upheld a version of testimony offered by the defendant in which it acknowledged there were contradictions and rejected the version of the plaintiff that nowhere resulted to contain contradictions … omissis … There were other occasions where what he said viva voce, contrasted with emails that the witness himself had previously sent a tempo vergine to the plaintiff … omissis … In the light of all this, it is humbly submitted that the Court of First Instance was manifestly mistaken to excuse this witness on his contradictions, in violation of all that is stated in Article 585 of the Chap. 12 and was also mistaken when then at the end of the judgement it said that “the evidence adduced by the defendant was consistent from beginning to end” … omissis … Evidently, the Court of First Instance reduced to nothing the value of the global profile and the hundreds of millions of money involved and declared that this was irrelevant. Humbly, the plaintiff feels that this was far from relevant, since the payment for legal work usually takes into account not only the time, the specialization and the importance of the work but also the responsibility that grows proportionately with the amounts involved … omissis … ;

5. Fifth Grievance – the First Court manifestly made a mistaken assessment of the evidence submitted before it in a way that it created a gross injustice to the appellant … omissis … The manifestly mistaken interpretation rendered great injustice to the plaintiff who ended up working all those hours on that additional work and did not receive any payment for this. This is also contrary to the principle that omne labor optat premium … omissis … ;

Therefore and for the stated reasons, the appellant, while referring to all the documents and evidence that the Court of First Instance had before it, prays this Honourable Court to uphold the present appeal by canceling and revoking the judgement of the First Hall of the Civil Court of the 19th day of April, 2017, and while rejecting the pleas of the defendant, upholds the claims of the plaintiff appellant as drawn in his Sworn Application, with the costs of both instances against the defendant appellee.

Appellant: Avukat Dr Henry Saydon (ID 458180M), 25/9, Strait Street, Vincenti Buildings, Valletta
Services: Riger Dov (ID 62452A), Penthouse T10B, Apartment 58, Tigne Point, Tas-Sliema

Registry of the Superior Courts
Today Monday, the 22nd day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
142


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 20th day of December, 2017, following the request of Joseph Spiteri (ID 277746M) et, it was ordered that deputy curators be appointed to represent a directus dominus in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 2077/2017 in the names Joseph Spiteri (ID 277746M) et vs Charles Attard et and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 19th day of December, 2017, in the First Hall of the Civil Court, in the names Joseph Spiteri (ID 277746M), a pensioner, born in Ħamrun and residing at Siġġiewi, Malta, and Mary Rose Micallef (ID 337840M), born in Ħamrun and residing at Swieqi, Malta

vs

Charles Attard (ID 361436M), a pensioner, son of the late Emanuel and the late Anna née Pisani, born in Valletta and residing at Mosta, Malta, and Deputy Curators to represent a directus dominus, Joseph Spiteri (ID 277746M) et respectfully submitted:

That the depositors acquired the garage with official property number 31, Victor Garage, Triq il-Kappillan Mifsud, Ħamrun, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said garage is subject to an annual and perpetual ground rent and sub-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 and sub-ground rent in terms of the cited law by depositing the sum of €55.40 which represents the value of the said ground rent and sub-ground rent capitalized at 5% in order to be freely withdrawn by Charles Attard (ID 361436M) and the deputy curators appointed to represent a directus dominus, after the due receipt is left according to law.

Depositors: Joseph Spiteri (ID 277746M) et

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Lands Authority, Auberge de Baviere, Valletta
Charles Attard (ID 361436M), Casa Arkati, Triq il-Kostituzzjoni, Mosta

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 Silvio Meli, LLD, Doctor of Laws.

Dated this 20th day of December, 2017

Registry of the Superior Courts
Today Monday, the 22nd day of January, 2018

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

143

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 20th day of December, 2017, following the request of Joseph Spiteri (ID 277746M) et, it was ordered that deputy curators be appointed to represent the successors in title of Nicola Schembri in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 2078/2017 in the names Joseph Spiteri (ID 277746M) et vs Nadya Fenech (ID 288856M) et and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 19th day of December, 2017, in the First Hall of the Civil Court, in the names Joseph Spiteri (ID 277746M), a pensioner, born in Ħamrun and residing at Siġġiewi, Malta, and Mary Rose Micallef (ID 337840M), born in Ħamrun and residing at Swieqi, Malta

vs

Nadya Fenech (ID 288856M), a housewife, a daughter of Guido Gili and Maria Dolores née Calleja, born in Tas-Sliema and residing at Naxxar, Malta, and Deputy Curators to represent the successors in title of Nicola Schembri, Joseph Spiteri (ID 277746M) et respectfully submitted:

That the depositors possess the warehouse with the name of ‘Aerial’, Triq it-Tiġrija, Marsa, today used as a garage, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said warehouse is subject to an annual and perpetual ground rent and sub-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 and sub-ground rent in terms of the cited law by depositing the sum of €167.80 which represents the value of the said ground rent and sub-ground rent capitalized at 5% in order to be freely withdrawn by Nadya Fenech (ID 288856M) and the deputy curators appointed to represent the successors in title of Nicola Schembri, after the due receipt is left according to law.

Depositors: Joseph Spiteri (ID 277746M) et

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Lands Authority, Auberge de Baviere, Valletta
Nadya Fenech (ID 288856M), Tai Ping, Triq E. Bradford, Naxxar

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 Silvio Meli, LLD, Doctor of Laws.

Dated this 20th day of December, 2017

Registry of the Superior Courts
Today Monday, the 22nd day of January, 2018

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

144

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 tenemenet 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 tenemnt numbered ninety-five (95) in Triq Depiro, Tas-Sliema. The property is presently in possesion 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

145

By decree given by the Civil Court, First Hall on 6th November, 2017, on the application of Bland Joan Dr Sive Yana Mintoff Bland, Tuesday, 13th 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-Repubblika, Valletta, of the following property:
Garage not officially numbered, marked number two (2) in Triq San Franġisk, Fgura, which garage is the second on the right when looking at the facade, underlaying the property of family Chetcuti and their successors bordering from the West with the abovementioned street, from the south with another property of Ellul Alfred or their successors, from the North bordering all the block with property of Arthur Micallef or his successors,subject to inherent, with all its rights and enjoyments, valued at thirty thousand euro (€30,000);

Garage not officially numbered, marked number four (4) in Triq San Franġisk, Fgura, underlaying the property of Rose Marie Attard and her successors bordering from the East with the abovementioned street, from the North with the property of Arthur Micallef jew suċċessuri tiegħu u minn nofsinhar ma garaxx ta’ Rose Marie Attard or his successors, forming part of a block consisting of two appartments and two garages named ‘The Cliff’ in Triq San Franġisk, Fgura, which block was originally a house with no number named ‘Josie’, bordering from the East with the abovementioned street, from the North with property of Arthur Micallef or his successors and from the South with property of Dr Ġuċeppi Attard Montalto or his successors, with all its rights and enjoyments, valued, eighteen thousand euro (€18,000);


Garage with Yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders u together from North East with th abovementioned street, from South West with property of spouses Bondin and their successors and from the South with property Alfonso Caruana and his successors, subject to servitudes to the overlaying property to open windows on the yard mentioned and to install the necessarry pipes and drains for drainage, free and ununcumbered, valued for twenty-five thousand euro (€25,000);

Garage with Yard in shell form state unnamed and without number in Triq Ġużeppi Schembri formerly a new road without name which leads to Upper Church Avenue, Ħal Tarxien, underlaying property of others which borders u together from North East with th abovementioned street, from South West with property of spouses Bondin and their successors and from the South with property Alfonso Caruana and his successors, subject to servitudes to the overlaying property to open windows on the yard mentioned and to install the necessarry pipes and drains for drainage, free and ununcumbered, valued for thirty two thousand euro (€32,000).

The said tenement is the property of Ellul Alfred (KI 1086447M) et.

N.B. The said tenement will be sold as described in The Acts 31/2013

Registry of the Superior Courts, this Tuesday, 28th November, 2017

RUDOLPH MARMARÀ
For Registrar, Civil Courts and Tribunals

146

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 28th June 2017, Application number 813/2017 by John Vella and others,  whereby Maria Vella, holding identity number 0520430M, widow of Francis Vella, daughter of Francesco Damato and Grazia Damato nee Zammit, born in Żurrieq on the 29th July, 1930, and residing at St Vincent de Paule, Ħal Luqa, aged 86, was interdicted by means of a decree given on the 9th January, 2018.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 23rd January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals

147

By a decree of the Court of Magistrates (Malta) of the 11th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Zahra Construction Limited (C 43571) of Siġġiewi Road, Ta’ Kandja, limits of Mqabba, filed a claim on the 31st October, 2017, whereby they asked the Court to condemn Buz Dov Quarries Ltd (C 35031) of Il-Boma, Sqaq il-Mudurbu, Mqabba MQB 1690,  to pay the plaintiff company the sum of €10,465.84, which amount is due to the plaintiff company.

With costs and interests
The case (Notice number 324/17GM) is put off to the 31st January, 2018, at 12.00 p.m.

Registry of the Courts of Magistrates (Malta), today 23rd January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 
148

It is hereby notified that by a decree of the Small Claims Tribunal of 1st 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).

Joseph Mifsud (ID 544765M) and David Mifsud (ID 63370M) of 56, Triq Melita, Valletta, filed a Claim on the 19th July, 2017, whereby they asked the Tribunal to condemn Alfred Mifsud (ID 494658M) of 46, Triq is-Sajjieda, Marsa, to pay the plaintiffs the sum of €1950, which amount is due to the plaintiffs.

With costs and interests

The case (Claim number 318/17CZ) is put off on the 29th January, 2018, at 12.15 p.m.

Registry of the Courts of Magistrates (Malta), today 23rd January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals

149

By means of a decree given by the Court of Appeal (Inferior Jurisdiction) in the records of the Application in the names Mihedova Tanya vs Director of the Department of Citizenship and Expatriate Affairs, Application number 39/17 AE, the following publication was ordered for the purpose of service of the respondent Tanya Mihedova, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, between Tanya Mihedova vs Director of the Department of Citizenship and Expatriate Affairs, have been closed, the Court, fixed the hearing of the cause on Friday, seventeenth (17) November, 2017, at 11.15 a.m., and put off to the 26th January, 2018, at 10.30 a.m.

Notify: Mihedova Tanya, 70, Dar ir-Rais, Triq ir-Russett, San Ġwann
Registry of the Superior Courts (Inferior Jurisdiction), today 23rd January, 2018 

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

150

By means of a decree given by the Civil Court (Family Section) on the 23rd January, 2018, in the records of the Application in the names Abela Natasha vs Valentino Dr Patrick et noe,the following publication was ordered for the purpose of service in terms of Article 187(3) et. Sequitur of Cap. 12, in regard to the defendant Jonathan Abela (ID 53682M) and revoked the preceeding decree of the 12th September 2017, in virtue of which Advocate Dr Patrick Valentino and PL Noel Scerri, were appointed as Deputy Curators to represent the said Jonathan Anela (ID 53682(M) and in virtue of the same decree the Curators were removed.

By means of an Application, filed, in the Civil Court (Family Section) (Legal Aid) in the names Natasha Abela (ID 366687M) vs Advocate Dr Patrick Valentino and PL Noel scerri, who by means of a decree dated 12th September, 2017, were appointed as Deputy Curators to represent the absent Jonathan Abela (ID 53682M), on the 28th August, 2017,the applicant Natasha Abela ID 366687M, respectfully pleaded;

That the parties were married in Malta, on the28th January, 2005, and this as results from the annexed marriage certificate (Doc. A).

 That subsequently the parties separated from each other and now have been separated from each other for more than five years (Doc. B).

That there exists no possibility of agreement between the parties and there exist no disputes between the parties as regards maintenance.

That the applicant wishes to obtain divorce from the respondent and thus these procedures were commenced.

Thus, the aplicant respectfully prays that this Honourable Court pronounces the dissolution of the marriage between the parties and this in terms of Article 66A et sequitur of Cap. 16 of the Laws of Malta and give all the opportune provisions in the circumstances.

Applicant: ‘Camilleri Flats’ Flat 1, Triq iċ-Ċawsli, Ħal Qormi

Defendant: Corradino Correctional Facility, Kordin

The Application in the names Abela Natasha vs Valentino Dr Patrick et noe, Application number 341/17 RGM, was deferred for hearing to the 13th March, 2018, at 9.00 a.m.
Registry of the Civil Courts (Family Section), today 24th January, 2018

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

151

By a decree of the Small Claims Tribunal of the 15th Jannar, 2018, 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 Diegu, Marsa MRS 1501, filed a Claim on the 27th November, 2017, whereby they asked the Tribunal to condemn Spice Andrew Paul (United Kingdom passport  308551913 and ID 116002A) of Angela, Flat 1, Triq il-Port Ruman, St Paul’s Bay, to pay the plaintiff company the sum of €1,788.50, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 537/17PM) is deferred on the 5th February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 24th January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals

152

Notice is hereby given that by a decree of the First Hall of the Civil Court (Constitutional Jurisdiction), entered on the 16th day of January, 2018, in the records of the Sworn Application in the names Perit David Psaila (ID 705061M) vs Avukat Ġenerali, and Christopher el Shoushani (ID 0434783M), Sworn Application Number 94/2017 JZM, it was ordered that service upon Christopher el Shoushani (ID 0434783M) 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 Sworn Application filed in the First Hall Civil Court (Constitutional Jurisdiction), in the names Perit David Psaila (ID 705061M) vs Avukat Ġenerali, and Christopher el Shoushani (ID 0434783M) on the 21st day of November, 2017, the applicant Architect David Psaila (ID 705061M) asked this Hounourable Court to:

1. Declare and hold that vis-a-vis the applicant the application of Article 12 of Cap. 158 of the Laws of Malta as amended by Act XXIII of 1979, and the application of the laws currently in force are giving a right of reletting to the respondent Christopher El Shoushani of the property Flat 4, Plymouth Flats, Triq Testaferrata, Msida, and render it impossible for the applicant to take back the possession of the property;

2. Consequently declare and hold that his rights to the enjoyment of his property Flat 4, Plymouth Flats, Triq Testaferrata, Msida, are being violated, a violation of Article 37 of the Constitution of Malta, and the First Article of the First Protocol of the European Convention (First Schedule to Cap. 319 of the Laws of Malta) and thus gives the remedy it may consider appropriate in the situation, even the eviction of the respondent El Shoushani from the property;

3. Declare and hold that the respondents or any of whom are responsible for compensation and damages sustained by the applicant as a result of the application of the Act XXIII of 1979 which failed to create a fair balance between the rights of the owner and the lessee, provided they do not reflect the market nor the rental value of the property in question in terms of Article 41 of the European Convention;

4. Liquidate the same compensation and damages suffered by the applicant, in terms of Article 41 of the European Convention;

5. Order the respondent El Shoushani or any of whom to pay the same compensation and liquidated damages in terms of Article 41 of the European Convention.

With court costs as requested against the respondents who are as of now summoned so that a reference to their oath be made. 

Applicant: Perit David Psaila (ID 705061M), Lady Miracle, Triq il-Passolina, Ħ’Attard

Services: Christopher el Shoushani (ID 0434783M), Flat 4, Plymouth Flats, Triq Testaferrata, Msida

The Sworn Application in the names Perit David Psaila (ID 705061M) vs Avukat Ġenerali, and Christopher el Shoushani (ID 0434783M) was deferred for hearing to the 13th day of February, 2018, at 9.00 a.m.

Registry of the Superior Courts (Constitutional Jurisdiction)

Today Wednesday, the 24th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals
153

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 22nd of January, 2018 (Application number 5/2018JVC) Maria Zammit et requested the opening of the Succession of Sister Luisetta Scicluna in the century known as Maria Dolores Scicluna, spinster, daughter of the late Anthony Scicluna and Carmela née Grech, born and used to reside in Victoria, Gozo, died in Victoria, Gozo, on the twentieth (20) of October of the year two thousand and ten (2010) intestate, and which opening of succession is to be made as to one sixth (1/6) undivided share in favour of Maria Zammit wife of Carmel Zammit as the successor in the title of her aunt Maria Assunta spinstor Scicluna; as to one sixth (1/6) undivided share between them in favour of Victor Scicluna, Antonia wife of Carmel Cremona, Carmel Scicluna, Maria spinstor Scicluna, George Raymond Scicluna and Maria Dolores wife of Carmel Formosa, children of her predeceased brother George Scicluna; as to one sixth (1/6) undivided share between them in favour of Anthony Scicluna and Josette wife of Vincent Cachia, children of her deceased brother Francesco Scicluna; as to one sixth (1/6) undivided share in favour of Frances Attard wife of Joseph Attard and Miriam Vella wife of Carmelo Vella, children of her predeceased brother Michael Scicluna; as to one sixth (1/6) undivided share in favour of Monica Stafrace wife of Salvino Stafrace, the only daughter of her predeceased brother Joseph Scicluna; and as to one sixth (1/6) undivided share in favour of Maria Zammit wife of Carmel Zammit, the only daughter survived by her predeceased sister Maria Antonia wife of Luigi Borg.

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 24th January, 2018

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals

154

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 14th day of April, 2016, in the records of the Sworn Application in the names Adrian Vella Petroni (ID 492063M) et vs HSBC Bank Malta plc (C 3177) et, Sworn Application 407/2011MCH, it was ordered that service upon Richline Savery Testa (ID 386477M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction) in the names Adrian Vella Petroni (ID 492063M) et vs HSBC Bank Malta plc (C 3177) et on the 15th day of March, 2016, Adrian Vella Petroni (ID 492063M) et respectfully submitted:

That by means of a Sworn Application filed by the applicants on the 26th day of April, 2011, they claimed as quoted in the abovementioned Application of Appeal:

That the defendant banking company, here appellee, HSBC Bank Malta plc responded by means of Sworn Reply filed on the 3rd day of June, 2011, which reply is quoted in the abovementioned Application of Appeal;

That the defendant Gaetano Savery replied by means of a Sworn Reply filed on the 6th day of June, 2011, which reply is also reproduced in the abovementioned Application of Appeal;

That the defendant Richline Savery Testa did not file a Sworn Reply and so was declared to be in default by the Honourable Court of first instance in the minute of the audience of the 25th day of October, 2011 (a fol. 43);

That by a judgment delivered by the Honourable Court of first instance on the 24th day of February, 2016, the Court ruled the following: For these reasons the Court rejects the first three claims of the plaintiffs, while in respect of the fourth claim it declares that although the contract of pledge is valid, the bank had no right to appropriate the money deposited by the plaintiffs as a set off of the credit due to the bank before it requests and gets the approval and authorization of the Court through the proper judicial procedure, and therefore the fourth claim is being upheld in this limited way. Costs shall be borne three quarters by the plaintiff and one quarter by the defendant bank. The defendants Savery pay their costs;

That the applicants feel aggrieved by the judgment appealed from and entered by the Honourable Court of first instance on the 24th day of February, 2016, and are therefore filing this humble appeal therefrom;

That briefly the grievances of the applicants are the following: (i) the Honourable Court of first instance erred in judgment when it rejected the first claim of the applicants because, among other things, it factually resulted that it was the bank account with number 085-108447-102 that was pledged by the applicants and not the bank account that the defendant appellee banking company HSBC Bank Malta plc took money from; (ii) the Honourable Court of first instance erred in judgment when it dismissed the second claim of the applicants because it also resulted, notwithstanding what is stated to the contrary in the same judgement, that the contract of pledge signed by the applicants on the 1st day of November, 2007, is null and void because the consent of the applicants was obtained by deceit and willful misconduct both on the part of the representatives of the defendant appellee banking company HSBC Bank Malta plc and on the part of the other defendants Gaetano and his spouse Richline Savery Testa, or any of whom, which deception and willful misconduct was such that without it the applicants would certainly not have signed the same contract of pledge; (iii) the Honourable Court of first instance erred in judgment when it rejected the third claim of the applicants because the contract of pledge signed by the applicants on the 1st day of November, 2007, is also null and void whereas the cause or consideration of that contract is a false one and this as it clearly resulted during the hearing of the case; (iv) alternatively, while the applicants agree with the legal reasoning that moved the Honourable Court of first instance to limitedly allow the fourth claim as it upheld it, they still insist that their fourth claim should be granted in its entirety in the sense that since the contract of pledge in question authorizes the defendant appellee banking company HSBC Bank Malta plc to appropriate the money of the applicants, such a contract is null in that respect since it goes contrary to what is stated in Article 1973 of Cap. 16 of the Laws of Malta, and (v) in any case, as regards the head of the costs, while the applicants agree that the defendants Gaetano Savery and his spouse Richline Savery Testa should pay their costs, as in fact has been ordered by the Honourable Court of first instance, with respect to the rest of the legal costs the defendant appellee banking company HSBC Bank Malta plc should be ordered to pay such costs for the simple reason that these procedures are a consequence of the fact that, among other things, that banking company - in the words of the Honourable Court of first instance itself - had failed to act in accordance with the law;

That in the abovementioned Application of Appeal the applicants explained in detail each of the five grievances raised by them … omissis …;

Consequently, and for all the foregoing reasons, the applicants whilst referring to all the evidence submitted before the Honourable Court of first instance and whilst reserving to submit such evidence as is necessary and permitted by law, respectfully ask this Honourable Court of Appeal to uphold this appeal and consequently alter, vary and reform the appealed judgment entered on the 24th day of February, 2016, in the above-cited names or rather Adrian Vella Petroni et vs HSBC Bank Malta plc et by: (1) while confirming it with regard to that part which rejected all the pleas raised by the defendant Gaetano Savery; (2) while confirming it with regard to that part which upheld the fourth claim within the sense contained in the judgement under appeal and namely, that it declared that the defendant appellee banking company HSBC Bank Malta plc had no right to appropriate the deposited money; (3) while confirming it with regard to that part which provided that the defendants Gaetano Savery and his spouse Richline Savery Testa pay their costs, and (4) cancelling and revoking the rest or rather the part which rejected the first, second and third claims, the part which rejected the fourth claim in its entirety and the part which ordered the applicants to pay three quarters of the costs of the cause and instead accepting the first, second and third claims as drawn in the Sworn Application, accepting the rest of the fourth claim and order the defendant appellee banking company HSBC Bank Malta plc to pay its own costs and the costs of the applicants.

Appellants: Adrian Vella Petroni (ID 492063M) et, Blue Waters Apartments, 8A, Triq Piscopo Macedonia, Xemxija, St Paul’s Bay

Services: Richline Savery Testa (ID 386477M), Block 2, Building A, Flat 7, Vjal ir-Riħan, San Ġwann

Registry of the Superior Courts

Today Wednesday, the 24th day of January, 2018

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

155


By means of a note presented, in the First Hall Civil Court, on the 23rd January 2018, Notary Dr Nicolette Vella 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 Dr Nicolette Vella, on the eight (8) of January, 2018, Albert Camilleri, driver, son of Carmelo and Marianna née Borg, born and residing in Naxxar (ID 441568M) and his wife Nathalie Camilleri, housewife, daughter of Alfred Bezzina and Carmen née Borg, born in Tal-Pietà and residing in Naxxar (ID 144173M) emancipated their daughter Maria Camilleri, unmarried, employee, born in Tal-Pietà and residing in Naxxar  (ID 447801L), to carry out all acts of trade and for all intents and purposes of law.

Registry of the Superior Courts, today 25th January, 2018

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