Court Notices published in Govt. Gazette No. 19,941 of 30 January 2018

156

By means of a decree of the 25th October, 2017, of the Rent Regulation Board, in the records of the Application in the names Raymond Zammit vs Gemma Catherine Hodge et, Application number 107/2017JD, the following publication was ordered for the purpose of effecting service on the respondents Gemma Catherine Hodge and Jemma McColgan 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 Raymond Zammit (ID 250659M) vs Gemma Catherine Hodge (ID 0071150A) and Jemma McColgan (ID 0071148A) in solidum filed before the Rent Regulation Board on the 26th July, 2017, the applicant Raymond Zammit pleaded with respect:

That by means of a private writing dated 15th February, 2016, the applicant rented the property Crimson Court, Block B, Penthouse 5, Triq il-Molletta, Swieqi, to respondents, which lease was for a period of one year that is up to the 14th February, 2017;

That the lease was terminated but when the applicant took back possession of the property, it transpired that there was substantial damage to the property, which damage did not exist prior to the lease in question;

That the balance of the said damages amounted to €1,223.08;

That notwithstanding having been called upon to pay such damages, the respondents failed to oblige;

That therefore this lawsuit had to be filed;

Therefore, the applicant respectfully asks the Board to:


1. Declare that the respondents in solidum are responsabile for the damage suffered by the applicant in the property Crimson Court, Block B, Penthouse 5, Triq il-Molletta, Swieqi;

2. Liquidate the damages, suffered by applicant in the sum of €1,223.08;

3. Condemn respondents in solidum to pay applicant the sum of €1,223.08.

 With costs including those of the judicial letter 1230/17 and precautionary garnishee order and interest from the date of the above mentioned judicial letter against the resġpondents who are hereby being summoned to appear for reference of their oath.

Applicant: Aries House, Mdina Road, Ħaż-Żebbuġ

Respondent: Jemma McColgan – 24, Flat 1, Triq it-Terz, Swieqi and/or Cherry Igaming Group, Tagliaferro Business Centre, 8th Floor, Gaety Lane, Tas-Sliema

Gemma Catherine Hodge, 24, Flat 1, Triq it-Terz, Is-Swieqi and/or Cherry Igaming Group, Tagliaferro Business Centre, 8th Floor, Gaety Lane, Tas-Sliema

The Application in the names Raymond Zammit vs Gemma Catherine Hodge et Application number 107/2017JD has been postponed for hearing to the 2nd February, 2018, at 9.30 a.m. 

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

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



157

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 11th day of January, 2018, in the records of the Sworn Application in the names Dr Michael Grech (ID 215878M) noe vs Michael Ciappara (ID 216337M), Sworn Application number 419/2017 TA, it was ordered that service upon Michael Ciappara (ID 216337M) 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 Dr Michael Grech (ID 215878M) noe vs Michael Ciappara (ID 216337M) on the 12th day of May, 2017, the applicant Dr Michael Grech (ID 215878M) noe asked this Hounourable Court to:

1. Declare and hold that the applicant is the exclusive emphyteuta, or rather enjoys by title of perpetual emphyteusis/sub-emphyteusis the properties or rather, the maisonette with number 183 and the annexed garage with number 183A, sometimes designated as 183 and 181 respectively, previously numbers 32 and 31 respectively, in Triq San Ġorġ Preca, previously Triq is-Salib tal-Marsa, Marsa;
 
2. Declare and hold that the respondent has no share and/or right in the properties or rather, the maisonette with number 183 and the annexed garage with number 183A, sometimes designated as 183 and 181 respectively, previously numbers 32 and 31 respectively, in Triq San Ġorġ Preca, previously Triq is-Salib tal-Marsa, Marsa.

With court costs as requested. All rights and remedies at law are expressly reserved. 

A List of Witnesses and a List of Documents are attached with the abovementioned Sworn Application.

Applicant: Dr Michael Grech (ID 215878M) noe, 45/19, Strait Street, Valletta

Services: Michael Ciappara (ID 216337M), 41, Triq San Ġwann, Cospicua

The Sworn Application in the names Dr Michael Grech (ID 215878M) noe vs Michael Ciappara (ID 216337M) was deferred for hearing to the 6th day of March, 2018, at 9.30 a.m.

Registry of the Superior Courts

Today Thursday, 25th January, 2018

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



158

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 17th day of May, 2016, in the records of the Sworn Application in the names Natalia Menshova vs Raphael Asciak pro et noe, Sworn Application 601/2014, it was ordered that service upon Raphael Asciak pro et noe 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 (Superior Jurisdiction), in the names Natalia Menshova vs Raphael Asciak pro et noe on the 1st day of April, 2016, Natalia Menshova (ID 18943A) respectfully submitted:

That by means of the original Sworn Application, the appellant plaintiff claimed as quoted in the abovementioned Application of Appeal;

That by means of their Sworn Reply the respondents pleaded as quoted in the same Application of Appeal abovementioned;

That by a judgment dated the 17th day of March, 2016 the Honourable Court of first instance held as follows: Thus the Court hereby rules by upholding the second plea of the defendants, and consequently declares void the judicial act by which this cause was instituted and this on the basis of Article 789(1)(a) of Cap. 12. Court costs for the plaintiff;

That the facts giving rise to this lawsuit are briefly narrated in the said Application of Appeal;

That the grievance is clear and manifest and consists of the following: That firstly, the humble appellant argues that the Honourable Court of first instance failed to apply the principle that nullity must be applied restrictively. This point was discussed in the cause Carmelo Cassar Parnis vs Gustavo Soler noe decided on the 11th day of March 1949 (Vol. XXXII.II. p. 344) … omissis … Against the foregoing background, the humble appellant refers to the fact that the Honourable Court of first instance, simplistically came to the conclusion that the present cuase and the counterclaim which was withdrawn in the records of the cause 703/2012 MCH are identical. However, be it noted, that the appellee did not submit any evidence in this regard, an obligation that burdens the person who raises the plea, and therefore it cannot be said with certainty that the merits of both instances are the same. Secondly, and without prejudice to the foregoing, it follows that the appellant applicant has pending procedures related to the withdrawal of her counterclaim in the records of the cause numbered 703/2012 MCH, before the Commission for the Administration of Justice, that their outcome directly affect the merits of this appeal.
For these reasons, the applicant appellant, while making reference to the evidence submitted and reserves to submit all the evidence allowed by law at this stage, respectfully asks this Honourable Court to revoke the judgement entered by the First Hall of the Civil Court on the 17th day of March, 2016, in the above-cited names, and this by rejecting the plea of nullity of the appellee defendants and order the continuation of the proceedings, with the costs of both instances against the appellee defendants.

Appellant: Natalia Menshova (ID 18943A), Flat 13, Sikasa Court, Tower Street, Msida
Services: Raphael Asciak pro et noe, 111/6, St Lucy Street, Valletta

Registry of the Superior Courts
Today Thursday, 25th January, 2018

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



159

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 28th day of November, 2017, in the records of the Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Hussein Lukman (ID 140099M) et, Sworn Application Number 757/2017AF, it was ordered that service upon Hussein Lukman (ID 140099M) and Carmen Lukman (ID 428679M) 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 HSBC Bank Malta plc (C 3177) vs Hussein Lukman (ID 140099M) et on the 17th day of August, 2017, the applicant company HSBC Bank Malta plc (C 3177) asked this Hounourable Court to:

1. Declare that the respondents failed to honour the agreed payments and thus forfeited the benefit of time;

2. Declare that the respondents are debtors of the applicant Bank in the total sum of €36,484.47 balance amount in relation to the accounts Home Loan 87916192 and Home Loan 14072836 due in terms of the contract of loan between the parties, consisting to the extent of €31,744.21 as capital due on the two respective accounts, and to the extent of €4,740.26 owed as further legal interest until actual payment;

3. Order the respondents to pay the applicant bank the said total sum of €36,484.47 due as described above, including further legal interest from the 28th day of June, 2017 until actual payment.
Subject to any further interest and with court costs against the respondents who are as of now summoned so that a reference to their oath be made.

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

Services: Hussein Lukman (ID 140099M) et, Flat 1, Block 2B, Triq Prof. Walter Ganado, Pembroke

The Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Hussein Lukman (ID 140099M) et was put off for hearing to the 7th day of February, 2018, at 9.00 a.m.

Registry of the Superior Courts

Today Thursday, 25th January, 2018

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



160

By means of a decree given, by the First Hall Civil Court, in the records of the Sworn Application in the names Perez Romaily et vs Di Cicco Carmine, on the 19th January 2018, Sworn Application number 867/17 TA, the following publication was ordered for the purpose of service of the defendant Carmine di Cicco, in terms of Article 187(3) et. sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Romaily Perez and Monica Diaz Medina vs Carmine di Cicco (ID 30718A) on the 22nd September 2017, the applicant Romaily Perez (ID 118087A) and Monica Diaz Medina (Passaport of Venezuela number 88648086) asked this Honourable Court;

1)Saving a declaration that the defendant did not abide with the agreement of the assignment of the business of a restaurant in Triq San Gorg, San Ġiljan, and the shares he has in the company Elbeson Limited (C -39407) which company runs the same premises, condemn the defendant to refund to the plaintff the sum of €11,000.

With costs and interests as demanded in the application against the defendant summoned so that a reference to his evidence be made.

Applicant: Seaview Towers, Flat 11, George Borg Olivier Street, St. Julian’s.

Defendant: 81, Triq it-Tankijiet, Birżebbuġa.
The Sworn Application in the names Perez Romaily et vs Di Cicco Carmine, Application Number 867/17 TA, has been deferred for hearing to the 29th January 2018, at 9.30 a.m.

Registry of the Superior Courts, today 26th January 2018.

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



161

NOTICE BY THE REGISTRY OF THE CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff David Pisani (ID 432682M) filed an application under oath (No. 273/17RGM) demanding CORRECTIONS in the ACT OF BIRTH of the minor child minor child Mia Lukic number 1360/2017 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 26th of January 2018 

KAREN FALZON 
For Registrar, Civil Courts and Tribunals



162

By means of a decree of the 8th January 2018 of the Rural Leases Control Board, in the records of the Application in the names Mary Gambin as procurator of Rita Kraft vs Mary Grace Camilleri and Neville Camilleri, Application Number 7/2017FDP, the following publication was ordered for the purpose of effecting service on the respondent Neville Camilleri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Mary Gambin as procurator of Rita Kraft vs Mary Grace Camilleri and Neville Camilleri filed before Rural Leases Control Board on the 30th June 2017, the applicant Mary Gambin (ID 278040M) as procurator of Rita Kraft (Maltese Passport Number 778634) who lives abroad, as duly authorised by means of a power of attorney, copy of which is attached and marked as Dok A submitted with respect:

That the principal applicant is the owner of the land that is found in Mikefrancesca F/H, Ta’ Fuq il-Wied, Ħal Farrug;

The said land was leased to the predecessors of the defandants at the rent of Lm10 which is equivalent to €23.29 payable every year in advance in January of every year;


The defandants did not abide with several lease conditions, amongst them that they built and/or permitted to be built several structures without the permit of the competent Authority and also the permission of the owner;

That the defandants without the permission of the owner changed the purpose for which the land was leased to them and it results that there is a modern residence on the land leased to them;

That the defandants are not cultivating the land and this has been the situation for several years;
This is going to be proven during the case;


Thus the applicant noe for the reasons above mentioned and any declaration requested by law respectfully request this Honorable Board to authorise the applicant to take back the possession of the land de quo by fixing a short and peremptory period for the eviction of the defandants from the said land.

With costs against the respondents.

Applicant: c/o MaryRose, Triq Sigismondo, Balzan.

Notification respondent Neville Camilleri – Mike Francesca, Ta’ Fuq il-Wied, Triq Ħal Farruġ, Siġġiewi and/or Ir-Razzett, Ħal Farrug l/o Ħal Luqa and/or

Henrianne Apt 22, Fuq il-Buttniera, Marsascala.

The application in the names Mary Gambin noe vs Mary Grace Camilleri et Application Number 7/2017FDP has been postponed to be heard on the 14th February 2018 at 9.00a.m. 

Registry of the Superior Courts, today 26th January 2018,

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



163

By means of a decree of the 12th January 2018, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 429/17 in the names (Applicant) Maria Dolores Vella vs (respondent) Carmelo Bugeja the following publication was ordered for the purpose of service of the respondent Carmelo Bugeja in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the Rent Regulation Borg, in the names (applicants) Maria Dolores Vella (ID 305357M) vs (respondent) Carmelo Bugeja (ID 643452M) filed on the 16th March 2017, the applicant Maria Dolores Vella asked this Honourable Court:

To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.

Premises: 24, Triq il-Mitħna, Bormla.

Judgement: according to a judgement Application Number 30/15MV decided on the 20th February 2017 in the names above mentioned.

Today 16th March 2017

Filed by Dr M Tabone and PL Nicolette Aquilina


Warrant of Eviction

Republic of Malta

Court Warrant

To the Court Marshall

Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Monica Vella LLD

Today 9th November 2017

Execution: 24, Triq il-Mitħna, Bormla.

Notification: Carmelo Bugeja – 24, Triq il-Mitħna, Bormla.
 
Registry of the Superior Courts, today 26th January 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



164

By means of a decree of the 23rd January 2018 following an application of David Mallia filed on the 18th January 2018 in the acts of the decree number 1543/2017 this Court ordered the publication of the inventry of the assets of the late Father Anton Mallia Borg, son of the late Angelo Mallia and Antonia née Borg, born in Birkirkara and died in Birkirkara on the 21st August 2017 holding identity card number 0410728(M).

This publication is going to be held on Thursday 1st March 2018 at five o’clock in the evening (5.00p.m.) at the office number 4, Alley 2, Victory Square, Naxxar, by a deed of Notary Doctor Nicolette Vella.

Registry of the Civil Court Voluntary Jurisdiction Section


Today 26th January 2018

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals



165

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th December 2018, Application number 1647/2017 by Mary sive May Cuschieri et whereby they prayed that it be declared open in favour of the same Mary sive May Cuschieri, widow of France Cuschieri, Maria Teresa sive Marthese Psaila widow of Romeo Psaila, Maria Concetta sive Connie Hili widow of John Hili, Esther Muscat wife of Vincent Muscat, all sisters Cassar, children of the late Guseppi Cassar and Helen Cassar née Calleja; and Anna Cassar daughter of the late Francis Cassar and Carmela Cassar née Calleja and Violet Cassar, widow of Giuseppe sive Joseph Cassar (son of the late Francis Cassar and Carmela Cassar née Calleja) daughter of the late Joseph and Virginia Muscat (under the custody of Monqiue Theuma) and Violet Delph widow of Joseph Delph and Walter Cachia, brothers and sister Cachia children of the late Mary Cachia née Bordieri and Walter Cachia in equal shares between them and that is one eighth (1/8) undivided share each one of them the SUCCESSION of Maria Dolores sive Doris Cassar, unmarried, daughter of the late John Cassar and Adelaide née Bordieri, born in Valletta, resided in Balzan and died in tal-Qroqq, Msida on the 24th April 2016 aged 79 holding identity card number 395636(M).

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 and notices according to law.
Registry of the Civil Court Voluntary Jurisdiction Section


Today 26th January 2018

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals



166

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th December 2017, Application number 1645/2017 by Nicholas, Paul, Christopher, Michael, Timothy and Edward brothers Ripard whereby they prayed that it be declared open in their favour ion the quota of one sixth (1/6) undivided share each one of them the SUCCESSION of Maria Elena sive Marie Ripard, widow of Christopher Ripard, daughter of the late Edward Tortell and Jeanne née Borg, born inSliema, resided in Sliema and died in tal-Qroqq, Msida on the 15th June 2017 aged 84 holding identity card number 515632(M).

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 and notices according to law.

Registry of the Civil Court Voluntary Jurisdiction Section


Today 26th January 2018

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals



167

By means of a decree of the 30th October 2017 of the Civil Court First Hall in the records of judicial letter number 315/17, in the names BNF Bank plc previously known as Banif Bank (Malta) plc vs DHM Property Investments Limited et the following publication was ordered for the purpose of effecting service on the respondents Evgueni Bodishtianu and Snezhana Bodishtianu in terms of Article 187(3) et seq of Cap. 12.

In the First Hall of the Civil Court
Today 30th January 2017

To DHM Property Investments Limited (as the principal debtor company) and
Evgueni Bodishtianu (ID 19660A) of 20 Triql-Isturjun, San Pawl il-Baħar SPB 3032 and/or 39, Zernieq Villa, Triq l-Isturjun, San Pawl il-Baħar; u
Snezhana Bodishtianu (ID 19803A) of 20, Triq l-Isturjun, San Pawl il-Baħar SPB 3032 and/or 39, Zernieq Villa, Triq l-Isturjun, San Pawl il-Baħar.
 
Boarding School (Malta) Limited 

Zebra Group Limited 

(all as sureties in solidum and together with the principal debtor company)
 
By the present BNF Bank plc previously known as Banif Bank (Malta) plc (C 41030) of 203, Level 2, Rue D’Argens, Gzira, solicits so that you pay the total amount of €2,095,070.57. This debt concerns the bank accounts that the principal debtor company has with the interpellant as follows:

1. As for the loan given to the principal debtor company in terms of the contract published by Notary Dr Malcolm Mangion on the 15th November 2011 and the relative Credit Agreement dated 2nd November 2011:
a) €484,170.67 due on the Loan Account number 26437770001 that includes the interest of €17,246.28; and 
b) €500,506.03 due on the Loan Account number 26437770002 that includes the interest of €981.54; and
c) €347,658.18 due on the Loan Account number 26437770003 that includes the interest of €10,573.89; and
d) €498,802.33 due on the Loan Account number 26437770004 that includes the interest of €16,790.19.

2. As for the loan given to the principal debtor company in terms of the contract published by Notary Carmel Mangion on the 15th November 2011 and the relative Credit Agreement dated 2nd November 2011;
a) €104,333.35 due on Current Account number 21412410001 and it includes the interest of €661.96.
3. As for the loan given to the principal debtor company in terms of the contract published by Notary Dr Roderick Caruana on the 24th April 2015 and also the relative Credit Agreement dated 13th March 2015:
a) €159,600.00 due on the Loan Account numru 26437770005 and it includes the interest of €19,549.44.

The interest above mentioned was all calculated on the 24th January 2017. Thus, the applicant is hereby soliciting you also to pay the interest from this date till the date of effective payment, with the rate of 9.5% per year as for the amount due on the Loan Account number 26437770002; with the rate of 10.50% per year as for the Loan Account Number 26437770005; and with the rate of 9.25% per year due on all the other Loan Accounts. Any bank charges and fees relative to the loan above mentioned they have to be paid to the interpellant. This is all according to the agreement between you with the same interpellant.
In order to avoid unnecessary expenses, you can admit the amount due by means of a public deed. In this case, you are requested so that within the time given you pay the amount due, and to inform the applicant immediately.

In default, further proceedings will be initiated against you in Court without any further notice, including the institution of a lawsuit and the issue of the opportune warrants.

So much for your own guidance and to avoid further unecessary expenses. 

With costs.

 Registry of the Superior Courts today 26th January 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


168

By means of a decree of the 5th December 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2480/2017 in the names Marketlink Ltd vs Red Ads Company Limited, the following publication was ordered for the purpose of effecting service on the interpellant company in terms of Article 187(5) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 13th September 2017

To Red Ads Company Limited (C 33105) of 75/77, Barrakki Street, Qormi.

By the present, Marketlink Ltd (C28055) of 2, Melfar Buildings, C. De Brocktorff Street, Msida, solicits you so that you pay the amount of €5268.14, which amount represents the amount due by you for services rendered on your order, which payment is still due (attached statement marked as Doc ML1 and Doc ML 2).

If within one week from the notification of this judicial letter you remain in default and you do not pay the amount due by you , the interpellant company will have no alternative but to proceed further against you according to law without further notice.

So much so you may know how to proceed and to avoid further costs.

With costs and interest till the date of effective payment.

Registry of the Court of Magistrates (Malta) today 26th January 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




169

By means of a decree on the 11th January 2018, in the records of the judicial letter number 3028/17, in the names Gasan Enterprises Limited vs Victoria Lauri the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Victoria Lauri (ID 697344M) of Villa Trieste, Fuq il-Gonna, Is-Swieqi and/or 44, Nelson, Fl 5, Pjazza Sir Adrian Dingli, Sliema, on the 30th October 2017, Gasan Enterprises Limited (C-467) of Gasan Automotive Centre, Mrieħel By Pass, Mrieħel:

1. makes reference to the amount of €4, 078.47 on a number of bills exchange duly accepted by you and listed in the attached list as GEL1, and which amount is due and has not been paid (copies of these bills of exchange are herewith attached and marked as document GEL 2) together with interest from the date when the aforementioned balance fell due on the bills of exchange till the effective payment; and

2. solicits you so that within ten (10) days from the day you are notified with this present, you pay the sum of €4,078.47 repesenting the balance on the said bills of exchange; 

In default the interpellant company will furtherly proceed against you, without further notice, and with all the means given by law including the issue of the opportune warrants.

This letter is being made for all the purposes and effects of law and to render the same bills of exchange an executive title in terms of Article 253(e) of Cap. 12 of the Laws of Malta.

By means of this present, you are informed, that in terms of Article 253(e) of Cap. 12 of the Laws of Malta, you have the right that within twenty (20) days from the date of service of this act, you will present an application to oppose the execution of these bills of exchange above mentioned on the fact that the signatures on the same do not belong to your or those of your mandatory or for other grave and valid reasons to oppose such execution according to law.

So much so that you may know how to regulate yourself.

With costs, including this present, and with interest according to law till the date of effective payment.

Registry of the Courts of Magistrates (Malta) today 26th January 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



170

By means of a decree of the 30th November 2017 of the Rent Regulation Board, in the records of the Application in the names Carmen Fenech et vs Carmen Spiteri, Application Number 138/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Carmen Spiteri in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)


By means of an application in the names Carmen Fenech (ID 369551M) and Rene Zarb (ID 228153M) vs Carmen Spiteri (ID 670755M) filed before the Rent Regulation Board on the 12th October 2017, the applicant Carmen Fenech and Rene Zarb pleaded with respect:

That they are the sole owners of the property of the premesis 11, Queen Elizabeth, Triq il-Kappillan Mifsud, Ħamrun, which property was leased to the defandant by the predecessors of the applicants, namely their mother and father who today are both deceased, at the anual rent of €164;

That the defandant without any right and without the knowledge of the applicants and their parents made structural changes in the premises leased to her and this without any permit issued by the competent authorities and that is by the PAPB or MEPA;

In addition, the defandant allowed the structure of the premises to be substantially damaged as she failed in her obligations to keep the premises well mantained and never informed the owners of the premises leased to her about the existing damages.

Therefore, the applicants respectfully requests this Honorable Board to:

1. Declare and decides that the defandant, in breach of the law, made structural changes in the premises leased to her without the consent of the owners and these works were made before any permits were obtained, and as a result of this, the market value of the premises was seriously diminished;

2. Consequently orders the defandant to vacate the same premises within a short and permeptory period that is fixed by this Honorable Board and this for the reasons above mentioned.

With costs against the defandant.
Applicant: Saint John, Triq il-Mimoza, Ħamrun.
Respondent: 11, Queen Elizabeth, Triq il-Kappillan Mifsud, Hamrun.
The application in the names Carmen Fenech et vs Carmen Spiteri Application Number 138/2017JD has been postponed for hearing to the 6th February 2018 at 9.30a.m. 

Registry of the Superior Courts, today 26th January 2018,

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals






171

By means of a decree of the 14th November 2017 of the Rent Regulation Board, in the records of the Application in the names Maria Rita sive Marquita Camilleri et vs Carmela sive Carmen Celeste et, Application Number 114/2017JD, the following publication was ordered for the purpose of effecting service on the respondents Carmela sive Carmen Celeste and Carmel Celeste in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Maria Rita sive Marquita Camilleri (ID 463975M), Lara Meilak (ID 296186M) and Samuel Meilak (ID 19589M) vs Carmela sive Carmen Celeste (ID 0767653M) and by a decree of the 8th November 2017 Carmel Celeste was called into suit, filed in the Rent Regulation Board, on the 30th August 2017, the applicants Maria Rita sive Marquita Camilleri (ID 463975M), Lara Meilak (ID 296186M) and Samuel Meilak (ID 19589M) requested with respect and Maria Rita sive Marquita Camilleri (ID 463975M) confirmed on oath that this Board:

1. Decides this case summarily and without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Alternatively to the first request and in case this Honorable Board does not uphold this first request and so does not decide the case summarily and without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta, declares as expired and terminated the lease granted by the applicants to the respondent of the premises with official number 140, Flat 1, Triq San Nikola, il-Belt, Valletta with effect from the 31st July 2017 because the applicants have given the notice to the respondent by means of a legal letter dated 10th March 2017 mentioned and attached with this sworn application.

3. Order the respondent to release the vacant possession and passes on the keys to the applicants of the leased premises and that is the premises number 140, Flat 1, Triq San Nikola, il-Belt Valletta within a short and peremptory period that has to be fixed by this Honorable Board;

4. Declares that the respondent has to pay the applicants the sum of €1,610 representing the payment of seven installments of rent for the months from January till the end of July 2017, payable every month in advance from the 31st December 2016 till the 30th June 2017 which sum is due till the date of the termination of the lease in question;

5. Consequently orders the respondent to pay the said amount of €1,610 to the applicants with legal interest from the date that this amount is due according to the private lease agreement till the date of effective payment.

With costs and legal interest till the date of effective payment and with due reservation of any other action available to the applicant against the respondent regarding the premises in question.

Applicant: 86, Flat 2, Triq Victor Vassallo, Attard.

Respondents: Carmela sive Carmen Celeste – 140, Flat 1, Triq San Nikola, il-Belt Valletta

Carmel Celeste – 140, Flat 1, Triq San Nikola, il-Belt Valletta.

The sworn application in the names Maria Rita sive Marquita Camilleri et vs Carmela sive Carmen Celeste et, Application Number 114/2017JD has been postponed for hearing to the 15th February 2018 at 9.15a.m. 

Who receives this sworn application has to be warned that these are special summary procedures in which judgement will be given on the first day of hearing of the application if the respondent/s do not make an appearance at the sitting or if they fail to show, during that sitting, that they has a valid defence and reasons to contest the applicant’s request.



You 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 26th January 2018,

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



172

By a decree given on the 23rd December, 2018, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 2nd October, 2017, on the application of Vella Joseph (ID 372031M), Tuesday, 6th February, 2018, at noon (12.00 p.m.) for the Sale By Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

Portion of Land situated in a corner,of area of circa ninety seven (97) metres squared. The Land confines from the North East with Triq iċ-Ċawsli and from the South East with Lane number four (4) with Triq il-Kbira, Ħaż-Żabbar,valued at one hundred and ninety-seven thousand euro (€197,000).

The said tenement is the property of Abela Carmen et.

N.B. The said tenement will be sold as described in the Judicial Sales Act 14/2015.

Registry of the Superior Courts, this Monday, 29th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



173

By a decree given on the 23rd January, 2018, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12):

By the application filed in the Civil Court First Hall on the 27th October, 2017, by Dr Guido Pace Spadaro file 14/15 in the names Joseph Vella vs Carmen Abela et, is being asked that the Court orders the Sale by Auction of the portion of land situated in a corner,of area of circa ninety seven (97) metres squared. The land confines from the North East with Triq iċ- Ċawsli and from the South East with Lane number four (4) with Triq il-Kbira, Ħaż-Żabbar.

The said tenement is the property of Abela Carmen et.

Registry of the Superior Courts, this Monday, 29th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



174

By a decree of the Consumer Claims Tribunal of 9th January, 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).


Patricia Azzopardi of 20, Annie,  Triq Sciortino, Ħaż-Żebbuġ, filed a Claim on the 3rd May, 2017, whereby they asked the Tribunal to condemn Mark Mizzi of Mizz Trading Ltd, 229, Eucharistic Congress Street, Mosta, to pay the plaintiff the sum of €1000, which amount is due to the plaintiff.

The case (CCT Number 144/17) is deferred on the 20th February, 2018, at 2.00 p.m.

Registry of the Courts of Magistrates (Malta), today 26th January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.



175

By a decree of the Small Claims Tribunal of the 16th October, 2017, 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).


Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 8th August, 2017, whereby they asked the Tribunal to condemn Lorimar Trading Limited (C 63505) of Lafoy, No. 20, Triq is-Sewwieqa, Ħamrun HMR 1431, to pay the plaintiff company the sum of €976.40, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 347/17PM) is deferred on the 21st February, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 29th January, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals