Court Notices published in Govt. Gazette No. 20,102 of 11th December 2018

COURT NOTICES

1938

By means of a decree given by the Civil Court First Hall, on the 7th September, 2018, following a request of Rene sive Rennie Stivala et, it was ordered that deputy curators be chosen to represent the heirs of Annunziata Abela, Caterina Demicoli and Maria Pilora Ellul, who are representing unknown owners, in the records of the Schedule in the names Rene sive Rennie Stivala et vs Deputy Curators, Schedule number 1666/2018, and in the relative and subsequent acts.

By means of a Schedule of Deposit and redemption of groundrent, filed in the First Hall Civil Court in the names Rene sive Rennie Stivala (ID 277480M) inspector, son of the late Victor and Gaetana née Cachia, born in St Julians and residing in Ħal Tarxien, and Ruith Stivala (ID 287074M), wife of Rennie Stivala, teacher, daughter of Anthony Mifsud and Maria Lourdes née Farrugia, born in Tal-Pietà and residing in Ħal Tarxien, vs Deputy Curators to represent the heirs of Annunziata Abela née Schembri, widow of Grazio Abela, daughter of Giovanni born and residing in Ħal Ghaxaq, Caterina Demicoli, wife of Giovanni Demicoli, daughter of Francesco Caruana born and residing in Ħal Għaxaq and Maria Pilora Ellul, wife of Grazio Ellul, daughter of Grazio Abela and Annunziata née Schembri, born and residing in Ħal Ghaxaq, who are representing the unknown heirs, on the 5th September, 2018, the interpellants Rene sive Rennie Stivala (ID 277480M) and Ruth Stivala (ID 287074M) respectfully pleaded:

That by means of a contract of acquisition in the records of Notary Doctor Kristel-Elena Chircop of the 15th November, 2005, the interpellant Ruth Stivala acquired from Robert Vella the maisonette with official number 21 which is situated in Triq Santa Tereża, Ħal Tarxien, as exempted from the obligation of payment of annual and pereptual groundrent;

That Robert Vella and his predecessor had acquired this property as described in this schedule and which property was indicated as exempt from the obligation of payment of any rate of grounrent;

That the property de quo was built on part of the land known as ‘Ta’ Spalletti’ which is situated in Ħal Tarxien and which has the superficial area of four thousand one hundred forty point six four square metres (4140.64sm) which land was divided between various parties by means of a contract of partition in the records of Notary Doctor Giovanni Vella, of the 11th November, 1937, and is subject in its entirety to the rate of annual and perpetual groundrent of €1.65;

That the same maisonette is built on the part of two plots or rather that marked IIID of the superficial area of 368.84sm, and which was given to Annuziata Abela and Caterina Demicoli, and that marked IVD which has the superficial area of 365.55sm and which was given to Michele Bonnici and the heirs of Spiridione Vella;

That the property de quo has the superficial area of 109sm and on a pro rata basis has the original groundrent of €0.04;

That by means of a contract of subemphyteusis which is found in the records of Notary Doctor Oscar Azzopardi, of the 20th November, 1948, Caterina Demicoli and her daughter Annuziata Abela or rather Maria Pilora Ellul; granted by title of subemphteusis the divided portion of land known as ‘Ta’ Spalletti’ of the superficial area of 360.06sm to Gaetano Abdilla and this at the rate of annual and perpetual subgroundrent indicated in this schedule;

That half the property de quo is situated on the same divided portion of land and thus circa 54.5sm from the same property;

That thus because the subgroundrebnt due on 360.06sm is of €23.64 on a pro rata basis of the superficial area of 54.5sm, the rate of annual and perpetual subgroundrent is of €3.58;

That the present direct owners of this groundrent and subgroundrent are not known;

That the interpellants wish to avail themselves of the faculty granted by Article 1501 of the Civil Code and redeem the original annual and perpetual groundrent of € 0.04 which capitalised at the rate of 5% according to law amounts to the sum of €0.80 as well as the annual and perpetual subgroundrent of three euro and fifty cents (€3.50) which capitalised at 5% according to law amounts to the sum of €71.60;

That the interpellants are depositing the sum of €18.10 as arrears of groundrent and subgroundrent for these last five years which amount to €18.10 together with the sum above mentioned of €71.60, in all amounting to €90.50, to be freely withdrawn by the respondents after it results that they have a right to it according to law and after the due receipt according to law is left.

Interpellants:

21, Triq Santa Tereża, Ħal Tarxien

Services:

Deputy Curators

Director Public Registry, Triq il-Merkanti, Valletta (2 copies)

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 encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Superior Court above mentioned with the witness of the Hon. Mr Justice Noel Cuschieri LLD, Doctor of Laws.

Today 7th September, 2018

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

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1939

By a decree given on 29th November, 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 19th October, 2018, on the application of Busuttil Reverendu Dun Karm (ID 488059M), Thursday, 31st January, 2019, 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.

a) Garage numbered 2 that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,500.

b) Garage numbered 14 with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €7,600.

c) Garage numbered 22 on the siteplan but numbered 17 on site with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,900.

d) Garage numbered 17 on the siteplan but numbered 22 on site with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €8,600.

e) Garage numbered 12 that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,500.

f) Garage 18 on the siteplan but numbered 21 on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €8,600.

g) Garage numbered 15 that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €7,600.

h) Garage numbered 3 that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,500.

i) Garage numbered 16 that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €7,600.

j) Garage 19 on the siteplan but 20 on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,100.

k) Garage numbered 20 on the siteplan but numbered 19 on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of €500 and valued at €9,100.

Each property marked (a) to (k) in this notice includes an undivided share and access to the common parts, including the driveway, hall entrance, common ramps and common stairwells.

Store numbered 1 forming part of an unamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. Presently the property is rented at the rate of €300 monthly as a shop named ‘Aurora Bar’. In the rent fee the rent of garage 17 is also included. The property is valued at €50,500.

Half undivided share of a store numbered 2 forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. Presently the store is rented as a shop named ‘Burn Out’ with a rent of €780 every three months. The rent fee also includes the rent of garage 16. The store underlays property of third parties and has a direct access to garage numbered 16. This undivided share is valued at €22,375.

Garage unnamed and unnumbered underlaying property of third party in Triq Ġanni Bonavia, Ħaż-Żabbar, valued at €137,000.

The said tenement is the property of Zammit Joseph et (ID 685647M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 18/2017.

Registry of the Superior Courts, this Wednesday 24th October, 2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

1940

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 5th of December, 2018, Decree number 153/2018JVC following application number 118/2018JVC, Rita Cassar née Vella, pensioner, daughter of the late Giovanni Vella and Maria née Cassar, born and resides in Xewkija, Gozo, holder of identity card number 28931G, has been confirmed interdicted from all acts of civil life.

John Cassar, retired, bachelor, son of the late John sive Giovanni Cassar and Rita née Vella, born and resides in Xewkija, Gozo, holder of identity card number 18562G, has been nominated as her curator, by virtue of the said decree.

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

This 6th December, 2018

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

1941

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 14th November, 2018, following a request of Dr Stefan Cutajar noe, it was ordered that deputy curators be chosen to represent the foreign company LAP (Suisse) SA, in the records of the application in the names Dr Stefan Cutajar noe vs Deputy Curators, application number 3697/FM and in the other relative and subsequent acts.

By means of an Application, filed in the Industrial Tribunal, regarding the employment matter between Dr Stefan Cutajar (ID 0211694M) in the name and in representation of the absent Youniss Bishari (holder of Libyan passport number HCG4Y591) and LAP Suisse-Malta (OC 840) and deputy curators to represent the foreign company LAP (Suisse) SA registered under number 12120/2006, at the address Rue Du Rhone 65, c/o Meyerlustenberger, Lachenal, avocats, 1204 Geneve, Switzerland, on the 2nd November, 2018, the applicant Adv. Stefan Cutajar noe as above mentioned, presented this application in terms of Article 929(d) of Cap 12. The case has been instituted against the company LAP (Suisse) SA, a company registered in Switzerland, in the Commercial Register of Geneva with registration number 12120/2006, at the address Rue du rhone 65 c/o Meyerlustenberger, Lachenal, avocats, 1204, Geneva, Switzerland and its branch LAP-Suisse-Malta, registered in Malta with registration number 0C 840, at the address Vault 16, Upper Level, Valletta Waterfront, Floriana FRN 1914, Malta.

For the reasons brought forward in the application the applicant Adv. Stefan Cutajar noe asked this Honourable Tribunal to declare and decide that the termination of his employment with the defendant company was forced and thus the defendant Company should answer to the dismissal of the applicant’s employment without good and sufficient cause since its acts satisfy all the requirements for constructive dismissal.

Thus, the interpellant respectfully asks this Honourable Tribunal to appoint a curator to appear for the respondent company LAP (Suisse) SA and this according to Article 929(d) of Cap. 12 of the Laws of Malta.

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 Industrial Tribunal above mentioned, Chairperson Mr Franco Masini.

Today 14th November, 2018

Registry of the Superior Courts, today 4th December, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1942

Whereas Maria Rita Camilleri filed a writ of summons no. 99/2018 (JVC) in the names “Maria Rita Camilleri vs Direttur tar-Reġistru Pubbliku (Ghawdex)” demanding CORRECTIONS in the Act of Death of John Camilleri, with progressive number one hundred and ninety-eight of the year one thousand nine hundred and eighty-eight (198/1988).

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

Registry of the Courts of Magistrates (Gozo) Superior Matter

This 6th December, 2018

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

1943

By decree given by the Civil Court, First Hall on 6th December, 2018, on the application of Farrugia Jesmond (ID 507171M), Tuesday, 19th February, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in room number 78 near the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Property which includes a portion of land occupied by two farms without number, one known as ‘Farmhouse tar-Riħ’ and the other known as ‘Catherine’s Domain’, in Tar-Riħ in territory known as Tal-Madliena, in the part known as Il-Munxar, Ta’ Gidem and Ta’ Newma limits of Ħad-Dingli, bounded on the South by Triq l-Irdum formely known as Triq Dingli Cliffs, on the East in part by property of the Government of Malta and in part by property of the heirs of the late Notary Joseph Felix Abela and others, on the West by a public road for the price of two million and three hundred thousand euro (€2,300,000) as said in the judgement given on the 27th October, 2017, by Judge Hon. Joseph Azzopardi, Application number 1091/12.

The said tenement is the property of Ellul Giuseppa (ID675537M) and Farrugia Jesmond (ID507171M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 24/2018.

Registry of the Superior Courts, this Friday, 7th December, 2018

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

1944

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 19th April, 2018, Application number 574/2018 by Leonard Nolan, whereby Peter William Nolan, widow of Jean Eve Nolan, holding identity card number 0149154A and having Maltese residential permit number MT9927077, aged 90, son of the late Loenard Nolan and Eveline Nolan née Shirley, born in Bury, United Kingdom on the 26th October, 1928, and residing at Home for the Elderly, Mosta, was interdicted by means of a decree given on the 22nd November, 2018.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1945

By a decree of the Courts of Magistrates (Malta), of 24th October, 2018, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on an application of Ben Estates Limited, it was ordered the selection of Deputy Curators to represent Gaetano Aquilina and Antonia Aquilina in the proceedings with Application Number 107/18 and in other relative and subsequent acts where they requested:

That the respondents pay the amount of €9,440 or any other sum to the applicant company by way of services rendered or brokerage fees, where, amongst other things, the applicant company carried out whatever as substantial and incidental for the parties to come to a sale, which request of the applicant is supported by an agreement signed by Peter Aquilina on behalf of the other respondents, who notwithstanding that they were formally solicted, did not comply with the request.

With costs, including the garnishee order filed together with this application and legal interest against the respondents who are from now summoned so that a reference to their oath be made. Reserving any other action that the respondent company may have, including other amounts that may result that might be due.

The proceedings with reference number 107/14SG are being postponed to the 10th January, 2019, at 9.30 a.m.

Applicant: Ben Estates Ltd (C 45703), 48, Triq Erin Serracino Inglott, Iklin

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and file a note with a declaration that he is prepared to act as such.

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Simone Grech LLD, Doctor of Laws, Magistrate of the abovementioned Court.

Today 24th October, 2018

Registry of the Magistrates Court (Malta), today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

1946

By means of a decree given by the Court of Appeal, on the 28th November, 2018, in the records of the Bankruptcy Procedures of Jonathan Pace, Application Number 585/2013/1, the following publication was ordered for the purpose of service of the respondent Grezzju Axiaq, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, in the Bankruptcy Procedures of Jonathan Pace have been closed, and by decree of the 3rd April, 2014, Melanie Pace was authorised to intervene in the proceedings in statu et terminis and by decree of the 7th October, 2014, Advocate Dr Christopher Chircop was appointed as Curator ad litem, in order to represent the interests of the deceased Jonathan Pace in these proceedings and Advocate Doctor Richard Galea Debono as Curator of the Bankruptcy of Jonathan Pace, the Court fixed the hearing of this cause on Tuesday, twenty-third (23) of October, 2018, at 9.00 a.m. and deferred to the 8th January, 2019, at 9.00 a.m.

Applicant Company: Bank of Valletta plc, 1/5, Misraħ San Ġorġ, Valletta

Notify: Grezzju Axiaq, c/o G&S Axiaq Frozen Foods, Stoke Newington, Triq Santa Marija, Ħ’Attard

Registry of the Superior Courts today 7th December, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1947

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 31st August, 2018, Application number 1316/2018, by Maria Victoria Agius, whereby Leslie Agius, husband of Maria Victoria Agius, holding identity card number 868544M, aged 74, son of the late Carmelo Agius and Maria née Schembri, born in Mosta on the 26th August, 1944, was interdicted by means of a decree given on the 17th October, 2018.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

1948

By means of a decree given by the Court of Appeal, on the 28th November, 2018, in the records of the Bankruptcy Procedures of Jonathan Pace, Application Number 585/2013/1, the following publication was ordered for the purpose of service of the respondent George Borg, in terms of Article 187(3) et sequitur of Cap. 12.

Applicant Company: Bank of Valletta plc, 1/5, Misraħ San Ġorġ, Valletta

Notify: George Borg, ‘Farmhouse’, Ħal Farruġ, l/o Ħal Luqa

Registry of the Superior Courts today 7th December, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1949

By means of a decree of the 22nd October, 2018, of the Rent Regulation Board, in the records of the Application in the names Hector Cassola vs Kylie Cini, Application Number 123/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent Kylie Cini in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application number 123/2018FDP in the names Hector Cassola vs Kylie Cini, filed before the Rent Regulation Board on the 24th August, 2018, the applicant Hector Cassola (ID 688443M) requested with respect:

The applicant leased the premises number 120, Triq il-Kbira, Ħal Balzan at the monthly rent of €269.42 payable every month in advance (on the 24th of each month) to Jacqueline Cocker;

Since the premises were originally rented by means of a private writing in 1989 to Anthony Cassar (Document A);

And since Anthony Cassar had sub-let the premises to Jacqueline Gouder (today Cocker) and eventually a new lease agreement was made twice and namely firstly through the private writing dated 26th January, 2000, here attached as Document B and subsequently through another private writing dated 24th February, 2014, here attached as Document C;

The applicant never accepted the added words by Jacqueline Cocker in the same writing;

In November 2017 the same Jacqueline Cocker transferred the lease, without the consent or permission of the applicant, to Kylie Cini;

The applicant gave due notice to Jacqueline Cocker and also the respondent and this because he declared that he does not wish to renew the lease in question;

And since in the default of the respondent the applicant had no alternative but to proceed with these proceedings.

Thus, the applicant requests this Honourable Board so that, subject to any other necessary and opportune declaration, it:

1. Declares that, for the aforementioned reasons and for all those reasons that will result during the hearing of this applicatio, the lease of the premises at 120, Triq il-Kbira, Ħal Balzan was terminated;

2. Authorises, as the case may be, the applicant not to renew the lease;

3. Orders the respondent so that within a short and peremptory period that will be fixed by this Honourable Board she vacates the premises;

4. And this, save for all those directions which are fair and opportune.

With costs

Applicant:Hector Cassola, 40, Flat 3, Triq San Duminku, Valletta

Respondent: Kylie Cini, 321, Triq il-Kbira, Santa Venera

The application in the names Hector Cassola vs Kylie Cini, Application Number 123/2018FDP, has been postponed for hearing to the 14th January, 2019, at 9.00 a.m.

Registry of the Superior Courts, today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1950

By means of a decree given by the First Hall Civil Court, on the 13th November, 2018, in the records of the Warrant of Prohibitory Injunction in the names Gauci David vs Cauchi Michael et, Warrant number 1735/18 LSO, the following publication was ordered for the purpose of service of the respondents Michael Cauchi and his wife Mary Cauchi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court, in the names (Applicant) David Gauci, chef, son of Carmelo and Josephine née Sciberras, born in Tal-Pietà on the 10th Febuary, 1978, and residing at fifteen (15) ‘Giuseppi’, Triq it-Torri, Mosta (ID 138278M) against (Respondents) Michael Cauchi, rertired, son of Emanuel and Mary née Cauchi, born in Xewkija, Gozo, on the 5th October, 1939, and residing at 1A, Scott Street, North Rothbury, NSW 2335, Australia, holder of Australian passport with number M1090620, and his wife Mary Cauchi, retired, daughter of Saviour Buttigieg and Rita née Cauchi, born in Xewkija, Gozo, on the 25th May, 1944, and residing at 1A, Scott Street, North Rothbury, NSW 2335, Australia, holder of Australian passport with number M 8185166, represented in Malta by their mandatary Anthony Richard Mario Cauchi, chauffeur, son of Joseph and Carmen née Azzoppardi, born in Sydney, New South Wales, Australia, on the 16th September, 1973, and residing at twenty-three (23) ‘Amy Maia’, Triq il-Kbira, Ħal Kirkop (ID 39702L) on the 26th October, 2018, the applicant David Gauci respectfully pleaded:

That the interpellant has an interest to safeguard his rights;

That the interpellants in order to safeguard their rights wish to hold the respondents from selling, alienating, transferring, ceding or disposing in any manner or by any title both onerous or gratuitous or by any other title or from constituting any type of right both personal as well as real and from hypothecating or permitting the registration of any type of hypothec or privilege or burdening or disposing in any other manner the following immovable - the house with official number 189, in Triq San Rokku, Birkirkara, with its airspace in part overlying property of third parties and including the well which is situated under the staircase of the same building free and unencumbered with all its rights and appurtenances.

The interpellants humbly pray that this Honourable Court order the provision of this Warrant in terms of Article 875(2) of Cap. 12 of the Laws of Malta so that their rights are not disturbed. The issuing of this Warrant is being demanded for the following reasons:

1. By means of a preliminary agreement signed by the respondents as represented with the interpellants on the 17th July, 2018, before Notary Dorianne Arapa, the respondents promised and obliged themselves to cede and transfer to the interpellants who on their part accepted and promised and bound themselves to purchase and accquire the immovable property indicated in the preliminary asgreement - the house 189, in Triq San Rokku, Birkirkara, with its airspace in part overlying property of third parties as better described in this warrant towards the price and pacts indicated in the preliminary agreement annexed Doc. DG1.

… omissis …

4. The publication of the final contract had to be made by not later than 30th September, 2018.

5. Although called upon to come forward to the final deed of sale by means of a Judicial Letter before the First Hall Civil Court, with number 3321/2018, within the due time, they remained in default.

6. The interpellant is together with this warrant presenting his claim by means of a sworn application whereby he asked so that the respondents be condemned to come forward to the final deed of sale of the property above mentioned.

Therefore, the interpellant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order that they be withheld from carrying the acts above mentioned.

Adv. William Cuschieri

Today 26th October, 2018

Confirmed before me under oath after I read its contents and in the presence of as witness of identity and presented by PL P. Sammut with three doc.

Warrant of Prohibitory Injunction

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recur the necessary elements according to law for the under mentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

The Application Warrant of Prohibitory Injunction in the names Gauci David vs Cauchi Michael et, Application number 1735/18 LSO, has been deferred for hearing to the 12th December, 2018, at 9.30 a.m.

Applicacnt: 15, ‘Giuseppi’ Triq it-Torri, Mosta

Respondents: Michael Cauchi and his wife Mary Cauchi, represented in Malta by their mandatary Anthony Richard Mario Cauchi, 23 ‘Amy Maia’, Triq il-Kbira, Ħal Kirkop

Execution: Michael Cauchi and his wife Mary Cauchi, represented in Malta by their mandatary Anthony Richard Mario Cauchi, 23, ‘Amy Maia’, Triq il-Kbira, Ħal Kirkop

Director Public Registry, Triq id-Dejqa, Valletta

Land Registrar, ‘Casa Bolino’, Land Registry, Triq il-Punent, Valletta

Registry of the Superior Courts, today 7th December, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1951

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th November, 2018, Application number 1784/2018 by Ruth Susino whereby she prayed that it be declared open in favour of Ruth Susino, wife of the decujus, and his children Elisa and Sara Susino the succession of Luigi Susino, husband of Ruth Susino, son of Carmelo Susino and Dolores Susino née Camilleri, born in Italy and resided in Marsa and died in Sutton, United Kingdom on the 7th August, 2018, aged 43, who held identity card number 0481000L.

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 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

1952

By means of a decree given by the Court of Appeal, on the 28th November, 2018, in the records of the Bankruptcy Procedures of Jonathan Pace, Application Number 585/2013/1, the following publication was ordered for the purpose of service of the respondent Genio Bondin, in terms of Article 187(3) et sequitur of Cap. 12.

Applicant Company: Bank of Valletta plc, 1/5, Misrah San Ġorġ, Valletta

Notify: Genio Bondin, Genvic Farmhouse, Triq Tal-Ġebel, Birżebbuġa

Registry of the Superior Courts today 7th December, 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

1953

By means of a decree of the 13th March, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1655/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Nazzareno Micallef, the following publication was ordered for the purpose of effecting service on the respondent Nazzareno Micallef in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

Today 22nd June, 2017

To Nazzareno Micallef (ID 539665M) of 81, Aquadot Crt, Flat 1, Triq Misraħ il-Barrieri, Santa Venera.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,769.47, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000036161 for the premises Flat 1, 81, Aquadot Crt, Triq Misraħ il-Barrieri, Santa Venera which amounts to €1,769.47.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

Registry of the Court of Magistrates (Malta), today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1954

By a decree of the Small Claims Tribunal of the 23rd August, 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 23rd August 2018, whereby they asked the Tribunal to condemn Theuma Charlon (ID 245395M) of Osmond Court, Blokk B, Flat 5, Triq il-Papa Piju XII, Ħaż-Żabbar, to pay the plaintiff company the sum of €580.45 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 391/18KCX) is deferred on the 29th January, 2019, at 1.00 p.m.

Registry of the Courts of Magistrates (Malta), today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1955

By a decree of the Small Claims Tribunal of 14th November, 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).

Stefania Demicoli (ID 215280M) of Block C5, Flat 16, Triq Fonzu Maria Galea, Ta’ Paris, Birkirkara, filed a Claim on the 27th April, 2018, whereby she asked the Tribunal to condemn Stephen Azzopardi (ID 523179M) of 46, Rose, Flat 3, Triq Salvu Psaila, Birkirkara, to pay the plaintiff the sum of €495 which amount is due to the plaintiff.

With costs

The case (Claim Number 176/18PM) is put off on the 9th January, 2019, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta) today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1956

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 15th November, 2018, Application number 1817/2018 by Therese Spiteri et whereby they prayed that it be declared open in favour of Marco Portelli in the quota of one third (1/3) undivided share in favour of Carol, wife of Francis Spiteri, in the quota of one third (1/3) undivided share and the remaining one third (1/3) undivided share in favour of Therese, wife of Emanuel Spiteri, from whom she is legally separated, the succession of their father Joseph, widow of Mary Portelli, son of the late Annunziato and Carmela née Bonnici, born in Ħal Tarxien, resided in Paola and died in Tal-Pietà, Malta on the 18th March, 2018, aged 83, who held identity card number 0292634M.

Registry of the Civil Court Voluntary Jurisdiction Section

Today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

1957

By means of a decree given on the 30th November, 2018, by the Civil Court (Volontary Jurisdiction Section) in the application number 1620/18 filed on the 23rd October, 2018, by Alfrida Walker whereas she prayed this Honourable Court, to declare absent and nominate a curator for the absent Joseph Walker, son of William Richard Walker and Anna née Mallia, born in St Julians on the 1st November, 1949, with birth certificate number 9107/1949, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all her property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Joseph Walker is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court abovementioned

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1958

By means of a decree of the 2nd October, 2018, in the records of the judicial letter number 4681/17 in the names BtoBet Limited vs Ambrosia Advance Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Ambrosia Advance Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 19th December, 2017

To Ambrosia Advance Limited (C72263) of Office 1, Birds of Paradise, Triq il-Ħaġar, Mosta, and Marco Nicola Agù

By this present BtoBet Limited (C 69661) of Advance House, Level 3, 375, Triq Manwel Dimech, Tas-Sliema, calls upon you to effect payment within seven (7) days of the sum of €198,937.99 representing the payment due by the defendant company upon invoices numbered 2016-000221, 2016-000234, 2016-000235, 2016-000249, 2016-000250, 2016-000268, 2017-000029B, 2017-000048, 2017-000049, 2017-000076, 2017-000077, 2017-000097, 2017-000098, 2017-000118, 2017-0000130, 2017-000148, 2017-000171, 2017-000172 and 2017-000173 for the provision of services, rights and IT products rendered to you and guaranteed for by the defendant Marco Nicola Agu’ in solidum with the same defendant company.

With costs and interest until the date of effective payment.

In terms of Cap. 189 of the Laws of Malta, a copy in the English language of Article 5 of the same Cap. 189 is being attached with this judicial letter, together with a translation in the English language of the same judicial letter.

Registry of the Superior Courts today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1959

By means of a decree of the 13th March, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2261/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Ramon Abela, the following publication was ordered for the purpose of effecting service on the respondent Ramon Abela in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

Today 23rd August, 2017

To Ramon Abela (ID 148683M) of 11B, Krystle, Telgħet Raħal Ġdid, Paola

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,348.17, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000046249 for the premises Flat 2, Blk 6, Orchid, Triq Vajrita, Marsaskala.

With costs

Registry of the Court of Magistrates (Malta), today 7th December, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

1960

By order of the Civil Court First Hall, in the records of the Application in the names Alfred Raimondo et vs Dr Ismhael et noe et, Application number 580/18 TA, the following publication was ordered in terms of Article 495A of Cap 16 of the Laws of Malta.

In the First Hall of the Civil Court

Alfred Raimondo (ID 0117752M), Anthony Raimondo (ID 0859947M), Emanuel Raimondo (ID 0027645M), Joseph Raimondo (ID 0406946M) u Theresa Raimondo (ID 0011450M)

Advocate Dr Ishmael Psaila and Legal Procurator Noel Scerri who by decree of the 2nd July, 2018, were appointed as Deputy Curators to represent the unknown heirs of the deceased Carmen sive Mary CarmenThomas

and

James Thomas, Maria Therese Stokes, Cristina Alison Rowlands u Laura Jane Thomas for any interest which they may have

Application of Alfred Raimondo (ID 0117752M), Anthony Raimondo (ID 0859947M), Emanuel Raimondo (ID 0027645M), Joseph Raimondo (ID 0406946M) and Theresa Raimondo (ID 0011450M)

Respectfully submit:

1. That the applicants together with the unknown heirs of their late sister, Carmen sive Mary Carmen Thomas, are co-owners of the house marked with the official number seven (7), in Saint Anthony Agius Street previously New Street, Floriana, including the underlying cellar and the small yard or shaft forming an integral part of the same house, with all its rights and appurtenances, including the overlying airspace and the subterrain, subject to the apparent servitudes which are in situ, tale quale (hereunder referred to as the ‘property’);

2. That they have been holding the property in common for more than three (3) years. That co-ownership started from the date of death of the applicants’ mother, Maria Raimondo, who is also the mother of the late Carmen sive Mary Carmen Thomas. Maria Raimondo passed away on the third (3rd) of March of the year two thousand and one (2001) (death certificate attached and marked Doc. AF1);

3. That the property originally was acquired by Lawrence Raimondo during his marriage to Maria Raimondo, by virtue of a contract published in the records of Notary Antonio Carbonaro dated the twenty-sixth (26th) of October of the year one thousand nine sixty-two (1962) – Doc. AF2;

4. That Lawrence and Maria spouses Raimondo got married on the twenty-fifth (25th) of June, 1938 (copy of the marriage certificate attached and marked Doc. AF3);

5. That from the marriage between Lawrence and Maria spouses Raimondo, they had six (6) children, that is, the applicants and Carmen sive Mary Carmen Thomas;

6. That Lawrence Raimondo passed away on the sixth (6th) of February of the year one thousand nine hundred and seventy-three (1973) (copy of the death certificate attached and marked Doc. AF4). That as results from the testamentary searches conducted at the Public Registry (Doc. AF5) and in the Civil Court (Voluntary Jurisdiction Section) (Doc. AF6), Lawrence Raimondo died intestate. That by a decree granted by the Civil Court (Voluntary Jurisdiction Section) on the twelfth (12th) of October 2017 (Doc. AF7) the succession of the late Lawrence Raimondo was declared open in favour of the applicants in the quota of one sixth (1/6) undivided share each and also in favour of the heirs of the late Carmen sive Mary Carmen Thomas, in the quota of one-sixth (1/6) undivided share as well;

7. That Maria Raimondo passed away on the third (3rd) of March 2001 (death certificate attached and marked Doc. AF1). That as results from the testamentary searches conducted at the Public Registry (Doc. AF8) and in the Civil Court (Voluntary Jurisdiction Section) (Doc. AF9), the will which regulates the succession of Maria Raimondo is that dated the ninth (9th) of July, 1990, in the records of Notary Clyde La Rosa (Doc. AF10) by virtue of which will, she bequeathed by title of pre-legacy to her daughter, the applicant Theresa Raimondo, her share, that is, half (1/2) undivided share of the property and nominated as her universal heirs, her children; the applicants and the late Carmen sive Mary Carmen Thomas. That the pre-legacy bequeathed by Maria Raimondo to her daughter was bequeathed subject to the condition that she keeps taking care of her till her date of death. That as results from the affidavit which is attached and marked Doc. AF11, this condition was satisfied;

8. That by a deed of declaration causa mortis and vesting of possession in the records of Notary Sandro Schembri Adami of the fourteenth (14th) of June of the year 2001 (Doc. AF12) the succession duty on the half (1/2) undivided share of the property was paid and some of the applicants, namely Emanuel, Joseph and Anthony Raimondo and the late Carmen sive Mary Carmen Thomas vested the applicant Theresa Raimondo in the full possession of the legacy of the half (1/2) undivided share of the property. That due to the fact that on this deed the applicant Alfred Raimondo did not appear, by a deed of the twenty-fourth (24th) of January of the year 2018 in the records of Notary Elisa Falzon (Doc. AF13) the applicant Alfred Raimondo confirmed and ratified the above-indicated deed of declaration causa mortis and vesting of possession and vested his sister, the applicant Theresa Raimondo, in the possession of the legacy bequeathed to her, that is one half (1/2) undivided share of the property;

9. That as results from the death certificate of the late Carmen sive Mary Carmen Thomas (Doc. AF14), she used to reside in Worcestershire, England, she was married to the respondent James Thomas and she passed away on the seventeenth (17th) of April, 2015;

10. That the applicants are aware that their sister, the late Carmen sive Mary Carmen Thomas, had three (3) children, that is the respondents, Maria Therese Stokes, Christina Alison Rowlands and Laura Jane Thomas. That as explained in the sworn declaration of the applicant Theresa Raimondo (Doc. AF15) the children and husband of the deceased did not provide them with the grant of representation which confirms whether the deceased made a will in England and moreover from said communications, it also resulted that some of the respondents do not even possess a passport or other identification document, by means of which their identity can be confirmed. That therefore the applicants are not in a position to identify the heirs of the late Carmen sive Mary Carmen Thomas and they have no means to do so;

11. That since the applicants are aware of the existence of the respondents James Thomas, Maria Theresa Stokes, Cristina Alison Rowlands and Laura Jane Thomas, they have filed these proceedings in their respect as well, for any interest which they may have;

12. That none of the owners initiated an action before any court or other tribunal for the partition of the property;

13. That all the applicants agreed on the sale of the property except for the defendants;

14. That the majority of the co-owners, that is all the co-owners except for the respondents, have reached an agreement so that the property is sold to Simon Peter Briffa (ID 0260793M), at the price of one hundred and ten thousand euro (€110,000);

15. That all the applicants except for the respondents, together with Simon Peter Briffa, appeared on a promise of sale agreement dated the fifteenth (15th) of June, 2016, before Notary Elisa Falzon, in which same promise of sale agreement they declared that said promise of sale agreement was being made in terms of article 495A of the Civil Code and which promise of sale agreement contains all the terms and conditions of the sale (Doc. AF16). That this promise of sale agreement was duly extended till the nineteenth (19th) of December of the year 2019, as results from the extension dated the twenty-fifth (25th) of November of the year 2017 (Doc. AF17);

Consequently, the applicants are requesting that this Honourable Court saving whichever necessary and opportune declaration and for the premised reasons, shall:

(i) authorise and order that the sale occurs in accordance with article 495A of Cap. 16 of the laws of Malta and as per the terms of the promise of sale agreement dated the fifteenth (15th) of June, 2016, drafted before Notary Elisa Falzon or alternatively to establish itself the conditions of the sale; and

(ii) authorise the execution of any public deeds and/or declarations and/or accessory deeds to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled; and

(iii) set a day, time and place where the transfer of the immovable as per terms of the promise of sale agreement or alternatively as per conditions imposed by this Honourable Court, can take place, and if necessary, whichever other public deeds and/or declarations and/or accessory acts to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled; and

(iv) nominate Notary Elisa Falzon or another notary to publish the relative public deed and any other public deeds and/or declarations and/or accessory acts to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled; and

(v) nominate deputy curators, if the case will require from amongst the co-owners themselves, to represent whoever from the co-owners fails to appear on the final deed.

With costs against the respondents

Registry of the Superior Courts, today 10th December 2018

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

gov.mt

Court Notice

Court Notices published in Govt. Gazette No. 20,102 of 11th December 2018