170
ARB/C021/2020 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 19th November, 2020 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri LLD). Compilation number 341/2020 in the case:
The Police
(Inspector Mark Anthony Mercieca)
Versus
EMANUEL BRIGNONE, unemployed, 59 years, son of the late Joseph and Clementa née Abela, born in Tal-Pietà, Malta, on the 28th July, 1961, residing at Hubbard Blk 3, Flat 1, Triq Alessandra, Bormla, and holder of Maltese identity card bearing number 493161M.
The Court AUTHORIZED the accused EMANUEL BRIGNONE to receive the amount authorized by law which is thirteen thousand, nine hundred and seventy six euro and twenty-four cents (€13,976.24) from the bank account held in his name ending -716 at Bank of Valletta plc as per Court decree dated 19th November, 2020.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 22A (3) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquriy (Magistrate Dr Donatella M. Frendo Dimech, LLD) on the 24th July, 2020, which was published in the Government Gazette on the 30th July, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to EMANUEL BRIGNONE.
Today, 5th February, 2021
Acting Director, Asset Recovery Bureau
171
By means of a decree of the 9th November, 2020, of the Rural Leases Control Board, in the records of the Application in the names M.C.F. Company Limited vs Gaetana sive Tania Micallef, Application number 7/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Gaetana sive Tania Micallef 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 M.C.F. Company Limited (C33224) vs Gaetana sive Tania Micallef, filed before the Rural Leases Control Board on the 9th October, 2020, the applicant M.C.F. Company Limited (C33224) represented by Carmel Farrugia (ID 483267M) submitted with respect:
That the applicant is the owner of the agricultural land known as Tal-Bennieri sive Tal-Barrieri accessible from Triq Tal-Bajjada limits of Siġġiewi of superficial measurement of 1816 square meteres, which land was acquired by means of a public deed of the 6th January, 2015, in the records of Notary Sandra Bugeja here attached and marked as Doc. A;
That the said field is leased to the respondent for the payment of €23.29 payable every August;
That the respondent abandoned the field and she did not produce any products from the same filed whilst she also failed to carry out any maintenance to the rubble walls which suffered damages over the years;
That the applicant néeds to resume possession of the field so that he will take care of it and to carry out the regular maintenance on the rubble walls and to work on it himself.
Thus, the applicant requests with respect this Board to:
1. Declare that the respondent abandoned the said field;
2. Declares that the respondent renounced from the possession of the same;
3. Orders that the agricultural lease of the field de quo is terminated;
4. Orders the formal eviction of the respondent from the land de quo within a short and peremptory time; and
5. Authorises the applicant to resume the vacant possession of the same field known as Tal-Bennieri sive Tal-Barriera accessible from Triq Tal-Bajjada in the limits of Sigġiewi of a superficial measurement of 1816 meters squared under those terms and conditions that this Honourable Board deems fit.
Applicant: Reevem Rose, Triq Lapsi, Siġġiewi
Defendant: Reve 28, Triq is-6 ta' Diċembru, Siġġiewi
The application in the names M.C.F. Company Limited vs Gaetana sive Tania Micallef, Application number 7/2020SG, has been postponed to be heard on the 18th February, 2021, at 10.00 a.m.
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
172
By means of a decree, given by the First Hall Civil Court, on the 24th November, 2020, in the records of the Application in the names Ozan Takucin vs Taca Insaat VE Ticaret A.S. (OC-1225) Application number 592/20 TA, the following publication was ordered for the purpose of service of the respondent company Taca Insaat Ve Ticaret A.S. 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 Ozan Takucin (Turkish passport number U 12886949) vs Taca Insaat Ve Ticaret A.S. on the 2nd July, 2020, the applicant company asked this Honourable Court;
1. To declare for the reasons premised that the defendant is a debtor of the plaintiffs in the sum of (€17,500.00) and condemn the defendant to pay the plaintiff the vsum mentioned.
With interest and with costs as demanded against the defendant summoned so that a reference to his evidence be made.
The Sworn Application in the names Ozan Takucin vs Taca Insaat VE Ticaret A. S. (OC-1225), Application number 592/20 TA, has been deferred to the 11th March, 2021, at 9.30 a.m.
Notify: Taca Insaat Ve Ticaret A.S. 31, Regent House, Triq Bisazza, Tas-Sliema
Registry of the Superior Courts, today 5th February, 2021
Adv. Frank Portelli,LLD.
For the Registrar, Civil Courts and Tribunals.
173
By means of a decree of the 18th November, 2020, of the Rent Regulation Board, in the records of the Application in the names Andrew Busuttil vs Jean Pierre Schembri, Application number 185/2020MV, the following publication was ordered for the purpose of effecting service on the respondent Jean Pierre Schembri 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 Andrew Busuttil (ID 284092M) vs Jean Pierre Schembri (ID 201577M) filed before the Rent Regulation Board on the 1st October, 2020, the applicant Andrew Busuttil (ID 284092M) request with respect that:
The applicant is the owner of the garage with address 21, Camilleri Court, Triq Emmanuel Galizia, Ta' Xbiex;
That on the 17th April, 2020, the said garage was leased to the respondent for the monthly instalment of €105 which had to be paid every three months in advance, with the first payment of €315 payable on the agreement. On the same agreement, a deposit of €100 for water and electricity had to be paid (copy of the contract of lease Doc. A);
For these payments the applicant's agent Paul Busuttil (who appeared on behalf of the applicant on the agreement) was given an HSBC cheque with number 2531 from the account of J P & N Schembri – A/C J S Trading (copy of the cheque Doc. B);
That this cheque was not honoured (notice sent by HSBC Doc. C);
Notwithstanding that the respondent was informed about this, the payment of the rent was not effected. He remained in default although he was solicited to pay by registered mail (Doc. D) and also by a judicial protest (Dok. E);
Till today the applicant did not pay any rent nor did he pay for the water and electricity consumption;
That according to clause 10 of the agreement dated 17th April, 2020, the lease of the garage is no longer in place and the respondent is occupying the garage illegally and without any title at law.
Thus the applicant is requesting this Board to:
1. Declare that the lease between the parties is today terminated;
2. Consequently orders the eviction of the respondent from the garage in question within the time fixed by this Board; and
3. Orders the respondent to pay the rent arrears and also the arrears of the costs of water and electricity from the 17th April, 2020, till the date when the vacant possession of the garage is given back to the applicant.
4. Gives all those directions which it deems fit and opportune.
With costs and interest according to law.
Applicant: Andrew Busuttil, c/o 6 Hail, Triq Tony Nicholl, Sliema.
Notification: Jean Pierre Schembri 131, Flat 2, Triq ir-Rebbiegħa, Siġġiewi
The application in the names Andrew Busuttil v Jean Pierre Schembri, Application number 185/2020MV, has been postponed for hearing to the 16th February, 2021, at 10.25 p.m.
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
174
By means of a decree of the 18th November, 2020, of the Rent Regulation Board, in the records of the Application in the names Stella Mintoff et vs Joseph Said, Application number 67/2020MV, the following publication was ordered for the purpose of effecting service on the respondent Joseph Said 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 Stella Mintoff and Pawla Mintoff (ID 733040 and ID 0131133M respectively) vs Joseph Said filed before the Rent Regulation Board on the 13th May, 2020, the applicants Stella Mintoff and Pawla Mintoff (ID 733040 and ID 0131133M respectively) request with respect that:
1. The applicants are the owners of the premises 141, in Victory Street, Ħal Qormi;
2. That by means of a lease agreement dated 6th January, 1986, they leased to the respondent the garage in Ħal Qormi, Victory Street, number 141 A, underlying property of the same siblings Mintoff, as a garage (Doc. SM1 attached);
3. That the garage is leased to the respondent at the rent of Lm400 per year starting from the 1st January, 1986, which rent is paid every six months in advance;
4. That it is agreed that the rent of Lm400 is increased by 10% once the four years 'di fermo' and 'di rispetto' lapes and then every four years thereafter this the rent will be increased by 10% on the previous four years;
5. That the respondent has neither been using the garage, nor did he continue paying the rent;
6. Although solicited, he did not agree with the calculations of the applicant and he did not pay the rent not even after a cheque was returned to him because it did not reflect the amount due by him and in addition, he did not deposit any rent at the Court or try to pass them on to the applicants;
7. That this garage does not form part of the ordinary residential home of the respondent and thus in terms of article 1531H of the Civil Code, the respondent thus not have any right for the renewal of the lease of the same garage after the 1st June, 2010;
8. Thus the applicants wish to be authorised to terminate the lease and resume possession of the said garage at the end of the current lease term.
Thus, the applicants humbly request this Honourable Board to:
1. Terminate the lease of the said garage with number 141 in Victory Street, Ħal Qormi;
2. Consequently orders the respondent to vacate within a short and peremptory time that is established by this Honourable Board from the garage with number 141 in Victory Street, Ħal Qormi, and authorise them to resumè the vacant possession of the said premises.
With costs against the respondent who is from now summoned so that a reference to his oath be made.
Applicant: 28 Victory Street, Ħal Qormi
Notification: 24, Victory Street, Ħal Qormi
The application in the names Stella Mintoff et vs Joseph Said, Application number 67/2020MV, has been postponed for hearing to the 16th February, 2021, at 10.20 a.m.
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
175
By means of a decree given, by the Civil Court First Hall, on the 19th November, 2020, in the records of the Sworn Application, in the names Adv. Martina Farrugia noe vs Pal Bulk 2 Shipping Co. Ltd, Application number 837/20 TA, the following publucation was ordered for the purpose of service of the respondent company Pal Bulk 2 Shipping Co. Ltd (C64064) in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Adv. Dr Martina Farrugia (ID 255591M) as special mandatary of the company NT Bunkering AS of Liimi 1, 10621, Tallinn , Estonia versus Pal Bulk 2 Shipping Co. Ltd (C64064) (Axeria Business Centre, 380, Level 3, Canon Road, Santa Venera SVR 9033, Malta) on the 18th September, 2020, the applicant company asked this Honourable Court,
1. To proceed to judgement according to the demand of the applicant company without proceeding to a hearing according to the terms of Article 167-170 of Cap 12 of the Laws of Malta, condemn the respondent company to pay the applicant company the sum of €92,493.02, besides legal interest from the date indicated for payment in the respective invoices till the date of effective payment.
With costs and the respondents are summoned so that a reference to their evidence be made.
The Sworn Application in the names Adv. Martina Farrugia noe vs Pal Bulk 2 Shipping Co. Ltd, Application 837/20 TA, has been deferred for hearing to the 9th February, 2021, at 9.30 a.m.
Notify: Pal Bulk 2 Shipping Co. Ltd, Axeria Business Centre, 380, Level 3, Canon Rd, Santa Venera
Registry of the Superior Courts, today 5th February, 2021
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
176
By means of a decree given, by the Civil Court First Hall, on the 26th October, 2020, in the records of the Sworn Application, in the names Adv. Martina Farrugia noe vs Pal Bulk 1 Shipping Co. Ltd, Application number 843/20 FDP, the following publication was ordered for the purpose of service of the respondent company Pal Bulk 1 Shipping Co. Ltd (C64064) in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Adv. Dr Martina Farrugia (ID 255591M) as special mandatary of the company NT Bunkering AS of Liimi 1, 10621, Tallinn , Estonia versus Pal Bulk 1 Shipping Co. Ltd (C64064) (Axeria Business Centre, 380, Level 3, Canon Road, Santa Venera SVR 9033, Malta) on the 23rd September, 2020, the applicant company asked this Honourable Court,
1. To proceed to judgement according to the demand of the applicant company without proceeding to a hearing according to the terms of Article 167-170 of Cap 12 of the Laws of Malta, condemn the respondent company to pay the applicant company the sum of €82,069.23, besides legal interest from the date indicated for payment in the respective invoices till the date of effective payment.
With costs and the respondents are summoned so that a reference to their evidence be made.
The Sworn Application in the names Adv. Martina Farrugia noe vs Pal Bulk 1 Shipping Co. Ltd, Application 843/20 FDP, has been deferred for hearing to the 19th February, 2021, at 9.00 a.m.
Notify: Pal Bulk 1 Shipping Co. Ltd, Axeria Business Centre, 380, Level 3, Canon Rd, Santa Venera
Registry of the Superior Courts, today 5th February, 2021
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
177
By means of a decree given, by the Civil Court First Hall, on the 13th November, 2020, in the records of the Sworn Application, in the names Adv. Martina Farrugia noe vs Armada Voyager Four Co. Limited, Application number 850/20 GM, the following publucation was ordered for the purpose of service of the respondent company Armada Voyager Four Co. Ltd (C48219) in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Adv. Dr Martina Farrugia (ID 255591M) as special mandatary of the company NT Bunkering AS of Liimi 1, 10621, Tallinn , Estonia versus Armada Voyager Four Co. Ltd, (C48219) (Axeria Business Centre, 380, Level 3, Canon Road, Santa Venera SVR 9033, Malta) on the 25th September, 2020, the applicant company asked this Honourable Court,
1. To proceed to judgement according to the demand of the applicant company without proceeding to a hearing according to the terms of Article 167-170 of Cap 12 of the Laws of Malta, condemn the respondent company to pay the applicant company the sum of €134.840.06 besides legal interest from the date indicated for payment in the respective invoices till the date of effective payment.
With costs and the respondents are summoned so that a reference to their evidence be made.
The Sworn Application in the names Adv. Martina Farrugia noe vs Armada Voyager Four Co. Limited (C48219), Application 850/20 GM, has been deferred for hearing to the 9h March, 2021, at 9.20 a.m.
Notify: Armada Voyager Four Co. Ltd, Axeria Business Centre, 380,Level 3, Canon Rd, Santa Venera
Registry of the Superior Courts, today 5th February, 2021
Adv. Frank Portelli, LLD
For the Registrar,Civil Courts and Tribunals
178
By means of a decree given on the 3rd August, 2020, in the records of the judicial letter number 61/2020, in the names Mapfre Middlesea plc vs Aaron Grech et, the Courts of Magistrates(Malta), ordered the following publication for the purpose of effecting service on the respondent Aaron Grech, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.
In the Courts of Magistrates (Malta)
Today 16th January, 2020
To 1. Aaron Grech (ID 86073M) of 34, Xandrija, Triq il-Ħarruba, Mġarr (Malta)
2. Atlas Insurance PCC Limited
By means of the present Mapfre Middlesea plc (C5553) of Middlesea House, Floriana as subrogated by policy and at law in the rights of its insured Abeir Ebaram (ID 336318L) and the same Abeir Elbaram, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsabilities for the road accident which occured on the 29th February, 2018, in Triq il-Palma, Marsa, between the vehicle with registration number BCC465 driven by you Aaron Grech and insured by you Atlas Insurance PCC Limited and the vehicle with registration number DCD801 driven by the interpellant Abeir Elbaram and insured by the applicant Mapfre Middlesea plc, and also to come forward for the liquidation and payment of the damages incurred by the interpellant.
The interpellant submits that you are solely responsabile for the said accident and this because of recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part or any one of you.
This letter is being sent for the effects and purposes of law especially in terms of Cap. 104 of the Laws of Malta and serving to interupts the prescription in terms of article 2128 of Cap. 16 of the Laws of Malta.
In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.
With costs of this present and legal interest till the date of effective payment.
Registry of the Court of Magistrates (Malta), today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
179
By means of a decree of the 8th July, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 876/2020 in the names No Deposit Cars Malta Limited vs Romulo Fernandez Axibal the following publication was ordered for the purpose of effecting service on the respondent Romulo Fernandez Axibal in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
Today 4th June, 2020
To Romulo Fernandez Axibal (ID 0187495A) of 185, Ave Maria, Flat 1, Triq in-Naxxar, Birkirkara
By the present, No Deposit Cars Malta Limited (C-85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €480 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 1st June, 2018, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:
1. Bill of exchange number 21 in the amount of €120 issued by the defendant in favour of the company, which bill of exchange was due on the 1st March, 2020, and which sum has to date not been paid;
2. Bill of exchange number 22 in the amount of €120 issued by the defendant in favour of the company, which bill of exchange was due on the 1st April, 2020, and which sum has to date not been paid;
3. Bill of exchange number 23 in the amount of €120 issued by the defendant in favour of the company, which bill of exchange was due on the 1st May, 2020, and which sum has to date not been paid;
4. Bill of exchange number 24 in the amount of €120 issued by the defendant in favour of the company, which bill of exchange was due on the 1st June, 2020, and which sum has to date not been paid;
This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.
Notwithstanding that you have been requested to pay the interpellant according the Payment Schedule (here attached and marked as Doc. 3) and by means of a Statement of Contract (attached and marked as Doc. 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.
In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.
With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.
Registry of the Court of Magistrates (Malta), today 5th February, 2021
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
180
By means of a decree of the 8th May, 2020, given by the Civil Court First Hall in the records of judicial letter number 5026/2019, in the names Registrar of Civil Courts and Tribunals vs David Mercieca, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur Cap. 12.
In the First Hall of the Civil Court
Today 19th December, 2019
To David Mercieca of 46, Flat 1, Triq Blanche Huber, Tas-Sliema
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €100 due by you as Registry fees in connection with the law suit in the names:
Mercieca David vs Enemalta Corporation (JVC) decided on the 11th October, 2019
You can also pay online by accessing the website (ecourts.gov.mt) and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees).In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance
With costs
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
181
By means of a decree of the 20th January, 2021, in the records of the judicial letter number 1893/2020 in the names Dr Robert Zammit vs The Registrar, Civil Courts and Tribunals et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Helen Falzon in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 7th July, 2020
To: Registrar Civil Courts and Tribunals
State Advocate
Francis Mamo
Nicolina Mamo
Notary Pierre Falzon
Helen Falzon (ID 0506761M) of 2B, Landbridge Mansions, Dawret il-Gżejjer, San Pawl il-Baħar
By means of this present Advocate Doctor Robert Zammit (ID 246088M) of Tal-Pizatura, Triq il-Muskatell, H'Attard, makes reference to the acts of the judicial sale by auction number 70/12 in the names Francis Mamo et vs Pierre Falzon et, where the applicant acquired on the 25th May, 2017, from the authority of First Hall of the Civil Court the semi detached villa 44, with the basement and underlyging garage, Villa Fusina, Triq Gorg Zammit, Ħ'Attard.
That this sale was registered with the Public Registry and holds the number 23908/17 and the applicant, as a result of the fact that the immovable was assigned to him as a result of the auction, requested the issue of a warrant of eviction number 4971/18EM in the names Advocate Doctor Robert Zammit vs Pierre Falzon et.
That the respondent Notary Pierre Falzon, by means of a sworn application 277/18JZM in the names Peter sive Pierre Falzon vs Francis Mamo et, requested the First Hall of the Civil Court to declare the sale by licitation of the 25th May, 2017, of the property Villa Fusina, Triq Gorg Zammit, Ħ'Attard, null for the effects and purposes of law, and also the cancellation and revocation of the note of reference registered as above mentioned in the Public Registry.
This case is adjourned to the 15 October, 2020, for final oral submissions.
That in the meantime the respondent Notary Pierre Falzon and his wife Helen requested the issue of a warrant of prohibitory injunction 900/18MH where the respondents Falzon could not be evicted from the premises and the First Hall of the Civil Courts upheld the request of the respondents Falzon as proposed and prohibited the applicants from giving or granting in any manner any rights even of a personal nature and/or to third parties and from disposting and/or removing movable effects from the premises and from applying for any Development permits or carrying out any Works of any nature on the property Villa Fusina, Triq Gorg Zammit, Ħ'Attard, with all expenses to be borne by the lawyer Dr Robert Zammit.
That the applicant paid the principal amount of €270,000 according to the Schedule of Deposit 904/2017; and also €18,900 to the Commissioner of Revenue according to Schedule of Deposit 2721/17; and also the price for the release of the property to him of €2,700 and €275.25 to Identity Malta which altogether amount to €291,875.25 and also the costs of the law suit that is still pending and other costs.
That he does not have possession of his belongings, and was deprived of them as a result of these Proceedings and he cannot enjoy a property which he acquired and this notwithstanding that he paid for it such that the respondents are all in solidum responsible for all the damages he is suffering since he cannot enjoy his property, which damages consist in loss of interest and/or rents, which interest is to run from the date that the property was released in his favour, and namely from the 25 May, 2017.
Thus, the interpellant solicit you so that you come forward for the liquidation of damages suffered till today reserving the right to any other subsequent action for future damages till he gets full possession of this property and the warrant of prohibitory injunction above mentioned no longer remains in effect.
So much so that you may know how to regulate yourself and with costs.
Registry of the Superior Courts today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
182
By means of a decree of the 21st May, 2020, in the records of the judicial letter number 4978/2019, in the names Champalin Company Limited vs E.G.C. Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents E.G.C. Limited and Emanuel George Cefai in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today17th December, 2019
To E.G.C. Limited (C7168) of 305 St Paul Street, Valletta
Emanuel George Cefai (ID 19155G) of 305, St Paul Street, Valletta
By means of the present Champalin Company Limited (C2049) of Triq il-Prekursur, Madliena, Swieqi, makes reference to the contract of the perpetual emphyteusis of the 20th November 1999 in the acts of Notary Patrick Critien regarding a portion of land forming part of the lands known as Tal-Blajjiet in the limits of taż-Żebbiegħ limits of Imġarr.
That by means of a judgement in the names Champalin Co. Limited vs E.G.C. Limited and Notary Dr Emmanuel George Cefai given by the Court of Appeal on the 21st October, 2019 (Appeal 227/2014/1), the Court confirmed in part the judgement of the first instance that is it condemned the respondents to pay the applicant company the amount of €2,096,43 as groundrent for the period from the 20th November, 2011, till the 19th November, 2014, with interest that had to be paid on the groundrent from the date of each due date till the date of effective payment, and with costs of the first instance against the respondents and those of the appeal that had to be paid ¾ by the same respondents. Till today no payment had been made as decided by the judgement.
Also, till the present day there are groundrent arrears that were due on the 20th November of the years 2014, 2015, 2016, 2017, 2018 and 2019 and that is for the period from the 20th November, 2014, till the 19th November, 2020. In all there are another six years groundrent instalments that amount to €4,192.86. Although you were solicited several times to pay what is due, you remained in default and till this present day the total amount of €6,289.29 is due as groundrent for nine years.
Thus, you are being solicited for the last time so that within one week from the notification of this letter you pay the whole amount, with costs and interest, including those decided in the case above mentioned. In default, the applicant company will proceed further against you according to law to safeguard its interest, including its right to request the dissolution of the sub-emphyteutical Concession according to Articles 1517 and 1519 of Cap 16. So much so you may know that this is the final notice and to place you n notice such that you cannot claim any benefit in terms of Article 1519 of Cap 16. With costs and interest.
Registry of the Superior Courts today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
183
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th January, 2021, Application number 51/2021, by Naomi Saliba et whereby they requested that it will be declared open in favour of Maria Theresa Saliba from which he was seperated in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Naomi Saliba, Isaac Saliba, Michaela Saliba and Luke Saliba children of the decujus in equal shares between them the Succession of Giuseppe Saliba, legally seperated from Maria Theresa Saliba, son of the late Victor Saliba and Gemma née Mifsud, born in Żejtun, Malta, resided in Marsa, Malta, and died in Msida, Malta, on the 1st August, 2020, aged 64, and who held identity card number 0419556M.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
184
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th November 2020, Application number 1512/2020 by Mary Grace Borg on behalf of her mother Giovanna Fenech whereby she requested that it will be declared open in favour of John Mary Grima, Nazzarena Chetcuti, Maria Borg, Lazzarus Grima, Carmen Gauci, Pauline Borg, Grace Borg, Carmel Grima and Joe Grima children of the late Francesca Grima the latter sister of the decujus in the quota of one seventh (1/7) undivided share between them; in favour of Carmen Camilleri, Joan Muscat, Gamri Vella, Tony Vella, Angelo Vella, Rita Gatt, Manwel Vella, Frans Vella, Paolina Mifsud, Pio Vella, Rose Bartolo, Nazzareno Vella, Ray Vella and Victoria Vassallo children of the late Giuseppe Vella the latter brother of the decujus in the quota of one seventh (1/7) undivided share between them; in favour of Giovanna Fenech sister of the decujus in the quota of one seventh (1/7) undivided share; in favour of John Mary Vella brother of the decujus in the quota of one seventh (1/7) undivided share; in favour of Mario Vella, Charles Vella, Catherine Borg and Rita Galea children of he late Pio Vella the latter brother of the decujus in the quota of one seventh (1/7)undivided share between them; in favour of Paul Galea, Mario Galea, Josephine Camilleri and Carmelo Galea children of the late Rita Galea the latter sister of the decujus in the quota of one seventh (1/7) undivided share between them ad in favour of Julie Camilleri sister in the quota of one seventh (1/7) undivided share the Succession of Rose Chetcuti née Vella, widow, daughter of Carmelo Vella and Maria née Muscat, born in Imgarr, Malta, resided in Michigan, United States of America, and died in Michigan, United States of America, on the 19th September, 2019, aged 90.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
185
Bann for Curators
Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 5th January, 2021, following a request of Carmelo Caruana et it was ordered that deputy curators be chosen to represent the unknown persons, in the records of the Sworn Application 1214/2020GM, in the names Carmelo Caruana et vs deputy curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Carmelo Caruana (ID 0269633M) and Martin Giordmaina (ID 429041M) vs Deputy Curators to represent unknown persons who in the past had rights on the property, on the 18th December, 2020, the applicants Carmelo Caruana (ID 0269633M) and Martin Giordmaina (ID 429041M) requested with respect and confirmed on oath such that this Honourable Court decides and declares that:
1. The applicant Carmelo Caruana is the sole and exclusive owner of the field known as Ta' Wied iż-Żebbuġ, which portion of land is shown as Plot 1 on the plan attached and marked as Doc. A, with a small room, yard and another bigger room situated in that portion, and also another half of a room that is on property of third parties and that is accessible by means of outdoor stairs, which room is divided into two that is that part and another portion situated on the left side when facing the room from the facade.
2. The applicant Martin Giordmaina is the sole and exclusive owner of the field known as Ta' Wied iż-Żebbuġ, which portion of land is shown as Plot 2 on the attached plan and marked as Doc. A, and also half a room that is on property of third parties and that is accessible by means of outdoor stairs, which room is divided into two that is that part and another portion that is situated on the right side when facing the room from the facade.
With costs against the defandants who are from now summoned so that a reference to their oath be made.
Applicants: Martin Giordmaina, Marthese, Wied Rini, il-Baħrija, Ir-Rabat, Malta
Carmelo Caruana, St Martin, Misraħ Patri Martin Caruana O.P., il-Baħrija, Ir-Rabat, Malta
Respondents: Keputy Curators
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr. Justice Francesco Depasquele, LLM (IMLI) LLD, Doctor of Laws.
Today 5th January, 2021
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
186
By decree given by the Civil Court, First Hall on 19th January, 2021, on the application of Favell Wines & Spirits Limited with the registration number C37343, Wednesday, 14 April, 2021, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at number seventeen 17, Triq id-Dejqa, il-Belt Valletta, of the following items seized from the property of Paul Farrugia:
Eight (8) tables with red top, twenty three (23) chairs brown in colour, Coffee machine of the make La Pazialla, Coffee machine of the make Barbario, trolley of the make Cater Team, Cooker of make Electrolux, stainless steel fridge cupboard by four doors of the make Agi, stainless steel fridge cupboard by three doors, stainless steel sink, two (2) microwave white in colour of the make Zepher, stainless steel microwave of the make Bartsbel and variours other objects.
The said items will be sold as described in the acts of judicial sale number 1/21.
Registry of the Superior Courts, this Friday, 5 February 2021
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
187
Bann for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 5th January, 2021, following a request by Jason Axisa et it was ordered that deputy curators be chosen to represent Francis Zammit for and on behalf of Framar Estates in the acts of the schedule of deposit number 148/1995 in the names Jason Axisa et vs Deputy Curators and in the other relative and subsequent acts.
By means of an addition schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Jason Axisa (ID 354170M) in business, born in Ħ'Attard and residing in Żebbuġ, Gozo; Beverley Baldacchino (ID 107683M), social assistant clerk, born in Tal-Pietà and resided in Żurrieq; and Janelle Cassar (ID 209279M) born in Tal-Pietà and residing in Fgura, all children of the late Charles Axisa and the late Mary Grace née Magri in this additional schedule of deposit as heirs of their late father Charles Axisa son of the late Joseph and Jane née Taylor born in Ħal Tarxien vs Deputy Curators to represent Francis Zammit for and on behalf of Framar Estates, on the 21st December, 2020, the applicants Jason Axisa (ID 354170M) in business, born in Ħ'Attard and residing at Ħal Sagħtrija, Block C, Flat 2, Triq is-Sagħtrija, Żebbuġ, Gozo; Beverley Baldacchino (ID 107683M), social assistant clerk, born in Tal-Pietà and residing in 81, Flat 1, Vjal l-Indipendenza, Żurrieq; and Janelle Cassar (ID 209279M) born in Tal-Pietà and residing at 29, Triq il-Karmelitani, l-Fgura, all children of the late Charles Axisa and the late Mary Grace née Magri all heirs of their father the late Charles Axisa son of the late Joseph and Jane née Taylor born in Ħal Tarxien and resided in Fgura respectfully submitted:
That the late Charles Axisa paid the respondent above mentioned the amount of Lm1.15,6 as annual and perpetual groundrent regarding the premises 317, today 339 named St Rita, Żabbar Road, Fgura (the Premises);
That the premises is shown in red on the plan of the Lands Registry dated 28th October, 2020, attached and marked as Document A;
That in terms of the contract dated 30th July, 1936, in the records of Notary Dr Oscar Azzopardi (the contract) the redemption of the annual and perpetual groundrent had to be redeemed at the rate of 4%;
That it results that the groundrent regarding the premises was not paid in full, the applicants the said heirs of the late Charles Axisa are availing themselves from the option given to them in the same contract so that they will deposit the remaining groundrent in the same schedule of deposit number 148/95 (the schedule of deposit) attached and marked as Document B;
That the applicants are depositing the remaining groundrent that amounts to €13.46;
Thus, the applicants the said heirs of the late Charles Axisa in view of the above to exempt themselves from any responsability, are humbly calling upon this Honourable Court and under its authority is depositing the amount of €13.46 the remaining amount of the redemption of the annual and perpetual groundrent of the premises number 317 today 339 named St Rita, Żabbar Road, Fgura, and so that it will be freely withdrawn by whom has the right to it after leaving the relative receipt according to law.
Applicants: i) Jason Axisa, Ħal Sagħtrija, Block C, Flat 2, Triq is-Sagħtrija, Żebbuġ, Gozo
ii) Beverley Baldacchino, Number 8, Flat 1, Vjal l-Indipendenza, Żurrieq
iii) Janelle Cassar, Number 29, Triq il-Karmelitani, Fgura
Notification: Director Public Registry, Triq il-Merkanti, Valletta
Registry of Lands, West Street, Valletta
Deputy Curators, Law Courts, Valletta
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, the Court will proceed to the selection of Curators of Office.
And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.
Today 5th January, 2021
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
188
Bann for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 27th September, 2018, following a request by B & J Company Limited et it was ordered that deputy curators be chosen to represent the vacant inheritance of Luigi and Vincenza spouses Formosa and John Mary Gatt in the acts of the schedule of deposit number 1787/2018 in the names B & J Company Limited et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names B & J Company Limited (C48674), RCW International Ltd (C45386), Simon Grech, self employed, son of Joseph and Maria Rosa née Sammut, born in Birkirkara and residing in Mosta (ID 241471M) and his wife Josette Grech, daughter of Joseph Debono and Antonia née Baldacchino, born in Tal-Pietà and residing Mosta (ID 575576M), Edward Cauchi, retired, son of Costantino and Emilia née Cassar, born in Żebbuġ, Malta and residing in Mosta (ID 326443M) and his wife Maria Cauchi, daughter of Carmelo Depasquale sive Carmelo Said and Rosa née Scerri, born and residing in Mosta (ID 132136M), SMK Company Limited (C37244), Joseph Vella chef, son of Anthony and Filomena née Cuschieri, born in Tal-Pietà and residing in Ħal Lija (ID 259281M), Professer Yves Muscat Baron, son of Anthony and Marguerite née Mifsud, born in London, England, and residing in Mosta (ID 576562M) and his wife Doctor Astrid Muscat Baron, daughter of Edward Cauchi and Maria née Depasquale Said, born and residing in Mosta (ID 548364M), Justin Psaila, accountant, son of Joseph and Rita née Bezzina, born in Tal-Pietà and residing in Mosta (ID 220084M) and his wife Marouska Bezzina daugher of John Vella and Catherine Borg born in Tal-Pietà and residing in Mosta (ID 22886M); Emanuel Zahra, self employed, son of Anthony and Catherine née Vassallo, born in Rabat, Malta, and residing in Mosta (ID 381944M) and his wife Theresa Zahra, daughter of Vincent Farrugia and Annunzjata née Camilleri, born in Msida and residing in Mosta (ID 894645M); Maria Cornelia Cauchi, unmarried, daughter of Edward Cauchi and Maria Depasquale Said, born and residing in Mosta (ID 157269M); Kirt Calleja, employed, son of Carmel Calleja and Josette née Busuttil, born in Tal-Pietà and residing in Mosta (ID 193083M) and wife of Rebecca Calleja, daughter of Raphel Vassallo and Rachel née Grech, born in Tal-Pietà and residing in Mosta (ID 423382M); Kurt Cassar, employed, son of John and Simone née Farrugia, born in Victoria, Gozo, and residing in Mosta (ID 38892G); Taher Khalifa Muhammed Shtewi, lawyer, son of Kalifa Shtewi and Hakma Zatror born in Riana, Libya, and residing in Mosta (Libyan passport 308472) and his wife Amina Amine, wife of Ibrahim Amine and Aisha Halwi, born in Casablanca, Marocc, and residing in Mosta (Maroccan passport X113375), John Camilleri, electrician, son of Paul and Rose née Gatt, born and residing in Mosta (ID 795346M) and his wife Carmen Camilleri, daughter of Joseph and Dora née Vassallo born in San Pawl il-Baħar and residing in Mosta (ID 1041945M); Darren Borg, employed, son of Vincent and Miriam née Duca, born in Tal-Pietà and residing in Mosta (ID 38476M) and his wife Graziella née Fenech, daughter of Nazzareno and Rita née Aquilina, born in Sydney, Australia, and residing in Mosta (ID 490100L), Jabrico Limited (C 53293), Caroline Camilleri, unmarried, daughter of Joseph and Adelina née Bellia, born in Ħ'Attard and residing in Mosta (ID 424462M), Joanna Bellia, unmarried, daughter of Anthony and Josephine née Xerri, born in Tal-Pietà and residing in Mosta (ID 492882M), Adelina widow of Joseph Camilleri, daughter of Carmelo Bellia and Antonia née Magri born in Ħal Tarxien and residing in Mosta (ID 485337M), MJS Properties Ltd (C 17214), Johan Attard, self employed, son of Paul and Mary née Grech, born in Tal-Pietà and residing in Mosta (ID 435280M) and his wife Eugenia Attard, daughter of Alexander Strakhov u Tamara née Pushkarova, born in Rostov, Russia, and residing in Mosta (ID 0039086A), Dylan Balzia, employed, son of Mario and Louise née Zammit, born in Tal-Pietà and residing in Mosta (ID 69492M); Simon Grech, self-employed, son of Joseph and Maria Rose née Sammut, born in Birkirkara and residing in Mosta (ID 241471M) and his wife Josette Grech, daughter of Joseph Debono and Antonia née Baldacchino, born in Tal-Pietà and residing in Mosta (ID 575576M); and Calcedonio Attard, in business, son of Crocefisso and Helen née Vella, born in San Ġiljan and residing in Mosta (ID 50452M) and his wife Josephine Attard, daughter of Joseph Gatt and Maria née Xuereb, born and residing in Mosta (ID 585355M) vs Deputy Curators to represent the vacant inheritance of Luigi Formosa, son of Carmelo and Filomena née Caruana, born in Floriana and resided in Valletta and his wife Vincenza Formosa, daughter of Giuseppe Attard and Maria née Fabri, born in Valletta and resided in Tas-Sliema and John Mary Gatt, retired, son of Carmelo and Carmela née Bonanno, born in Mosta, and residing in St Paul's Bay (ID 415637M) and Gemma widow of Paul Zammit, daughter of Carmelo Gatt and Carmela née Bonanno, born and residing in Mosta (ID 326239M), on the 25th September, 2018, the applicants B&J Company Limited (C48674) et respectfully submitted:
That they are the owners of a block without official number, known as Josmar Place, with a facade on Triq il-Kositituzzjoni and another facade on Triq in-Naqqax, Mosta, bounded from the North East with Triq il-Kostituzzjoni, from the South with Triq in-Naqqax and from the west with property of family Bondin, as shown in the attached plan of the Lands Registry (Doc. A);
That the said block consists of (i) 24 garages and 6 car parking spaces, at basement level and semi-basement level, all accessible from Triq in-Naqqax; (ii) 3 commercial units accessible from Triq il-Kostituzzjoni and (3) in three block of apartments and that is (a) Block A with facade on Triq in-Naqqax, consisting of six apartments; (b) Block B, with facade on Triq il-Kostituzzjoni consisting of two apartments and a penthouse and (c) Block C, with facade on Triq il-Kostituzzjoni, consisting of four appartments and two penthouses. This block is built on a portion of land with facade on Triq il-Kostituzzjoni and another facade on Triq in-Naqqxs, acquired by means of two contracts in the records of Notary Clinton Bezzina dated 5th July, 2005, and 31st May, 2006, respectively (Docs B and C);
The said block is subject to the annual and perpetual groundrent and sub-groundrent of €47.92 payable to the respondents as hereunder indicated;
From the said amount of €47.92 the amount of €24.59 represents the rate of original groundrent due to the vacant inheritance of Luigi and Vincenza spoues Formosa, whilst the remaining amount of €23.33 is the increase in groundrent, or sub-groundrent due to Gemma widow Zammit and John Mary Gatt, siblings Gatt;
The applicants want to redeem the said annual and perpetual groundrent and sub-groundrent for the total amount of €47.92 so they wish to avail themselves of the option given to them in terms of article 1501 of Cap. 16 of the Laws of Malta and redeem the said annual and perpetual groundrent and sub groundrent in terms of the same laws;
That the rate of the original annaul and perpetual groundrent of €25.59 due to the vacant inheritance of Luigi and Vincenza spouses Formosa has to be redeemed and capitalised at the rate of 5% and thus amounts to €491.80;
That the increase in the annul and perpetual groundrent, or subgroundrent in the amount of €23.33 due to Gemma widow Zammit and John Mary Gatt, siblings Gatt, has to be redeemed and capitalised at the rate of 3% and thus amounts to €777.67.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1269.47 and that is the amount of €491.80 representing the capitalisation at the rate of 5% of the annual and perpetual groundrent of €24.59 due to the vacant inheritance of Luigi and Vincenza spouses Formosa and as for the remaining amount of €777.67 representing the capitalisation at the rate of 3% of the annual and perpetual groundrent, or subgroundrent, of €23.33 dueto Gemma widow Zammit and John Mary Gatt, siblings Gatt, which amount will be freely withdrawn as above mentioned, and this after leaving the relative receipt according to law and according any other provision which regulates the redemption of groundrent.
Applicant: Josmar House, Triq id-Difiża, Mosta
Respondents: 1. Deputy Curators
2. Gemma Zammit, 17, Villa Moħbija, Triq Nicolo Isouard, Mosta
3. John Mary Gatt, 19, Apt 4, Dawret il-Gżejjer, San Pawl il-Baħar
Notifika: Director Public Registry, Notifika: Director of Public Registry, Triq il-Merkanti, Valletta
Lands Registry, Casa Bollino, 116, Triq il-Punent, Valletta
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, the Court will proceed to the selection of Curators of Office.
And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Silvio Meli LLD, Doctor of Laws.
Today 27th September, 2018
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
189
Bann for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 11th December, 2020, following a request by Mediterranean Research and Solutions Limited it was ordered that deputy curators be chosen to represent the unknown heirs of Girolomo Zammit and Salvatore Micallef in the records of the schedule of deposit number 1896/2020 in the names Mediterranean Research and Solutions Limited vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names the company Mediterranean Research and Solutions Limited (C51948) and with its registered office in Imsida 23, Office 2, Triq Giuseppe Calleja vs Deputy Curators to represent the unknown heirs of Girolomo Zammit and Salvatore Micallef, filed on the 7th December 2020 the applicant Mediterranean Research and Solutions Limited respectfully submitted:
That the company is the owner of the house The Cassars with official number 39 that includes the interconnecting garage in Triq Carini, Santa Venera, that previously was erroneously marked as number 31 in the contract of acquisition dated 22nd August, 2018, in the records of Notary Reuben Debono, which contract was duly corrected in the records of the same Notary dated 15th July, 2020, with all its rights and appurtenances including its air space subject to the annual and perpetual groundrent of €38.20 that is equivalent to Lm16.40, thus the property is free and unencumbered and subject to active and passive servitudes which result from its position; payable to unknown owners and although the company made several attempts to see to whom the groundrent is due till today it is still unknown who the original owners are and it did not receive any requests for payment;
The applicant wishes to avail itself of the option given to it by means of Article 1501 of the Civil Code of Malta and redeem the groundrent.
That the annual and perpetual groundrent capitalised at the rate of 4% according to the original contract of groundrent in the records of Notary Anhony Gatt of the 27th January, 1968, amounts to €955;
That there are three installments of groundrent due regarding the premises that amounts to €114.60;
There is also the laudemium on the premises which amounts to €28.65;
Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1098.25 so that with this present for all the effects of law redeem the annual and perpetual groundrent which amount may be freely withdrawn by the respondent nomine after leaving the relative receipt according to law.
Depositors: 23, Office 2, Triq Giuseppe Calleja, Msida
Respondents: The Court of Malta
Director of Public Registry, Triq l-Arcisqof, Valletta
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, the Court will proceed to the selection of Curators of Office.
And after so acting, or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Justice Mr Toni Abela, LLD, Doctor of Laws.
Today 11th December, 2020
Registry of the Superior Courts, today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
190
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd January, 2021, Application number 103/2021, by Antonia Mangion et whereby they requested that it will be declared open in favour of Antonia Mangion, sister of the decujus in the quota of one third (1/3) undivided share; in favour of John Attard son of the late Alfred Attard the latter brother of the decujus in the quota of one third (1/3) undivided share and the remaining one third (1/3) undivided share in favour of Charmane Bonello, Mario Abela and Lucienne sive Lucy Anna Cauchi children of the late Mary Abela the latter sister of the decujus in equal shares between them the Succession of Grazjo Attard, bachelor, son of the late Victor Attard and Maria née Spiteri, born in Tal-Pietà, Malta, resided in Marsa and died in Msida on the 26th December, 2019, aged 45, and who held identity card number 0376474M.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
191
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th January, 2021, Application number 112/2021, by Carmel Giordimaina et whereby they requested that it will be declared open in favour of Carmel Giordimaina, Mario Giordimaina, John Giordimaina and John Giordimaina in equal shares between them the Succession of Spiridiona Giordimaina, widow of Valentino Giordimaina, daughter of the late Giovanni Xuereb and Dolores née Micallef, born in Birkirkara, Malta, resided in Birkirkara, Malta, and died in Msida, Malta, on the 10th February, 2018, aged 89, and who held identity card number 0527128M.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
192
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th October, 2020, Application number 1347/2020, by Johnathan Bonnett et whereby they requested that it will be declared open in favour of Johnathan, Kurt, Oriana, Raisa and Michael brothers and sisters Bonnett in the quota of one fifth (1/5) undivided share each one of them the Succession of their father Giovanni sive John Bonnett, seperated from his wife Mary Grace Bonnett, son of the late Giuseppe Bonnett and Carmela Bonnett née Caruana, born in Marsaxlokk, Malta, resided in Żejtun, Malta, and died in Msida, Malta, on the 11th January, 2020, aged 61, and who held identity card number 0254258M.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar Civil Court and Tribunals
193
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th December, 2020, Application number 1651/2020, by Anthony Zerafa et whereby they requested that it will be declared open in favour of Paolo, Anthony, Saviour, Carmelo and Raymond children of the late Paolo Zerafa, Joseph and John brothers Buttiġieġ children of the late Mary Grace Buttiġieġ; Theresa, Joseph and Stephen all brothers and sisters Mizzi children of the late Maria Mizzi; and in favour of Anthony, Nazzareno, Joseph, Angelo, Dolores Lia, Pauline Cesare, John, Grazio and Rita Kasap, all brothers and sisters Zerafa children of the late Carmelo Zerafa and this in the quota of one part of nineteen (1/19) each one of them the Succession of Maria Carmela Zerafa, unmarried, daughter of the late Valentino and Maria Anna née Vella, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta, and died in Tal-Qroqq, Msida, Malta, on the 1st July, 2020, aged 92, and who held identity card number 0251828M.
Wherefore, any person who believes 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 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
194
By a decree of the Court of Magistrates (Malta) of the 2nd October, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).
Customs & Freight Agency Limited (C17475) of Ta' Kandja Cargo Complex, Triq l-Imqabba, Ta' Kandja, l/o Siġġiewi, filed a Claim on the 20th July, 2020, whereby they asked the Court to condemn Eddie Zammit (ID 13579M) of 16, Waterside Apartments, Flat 87, Qui-Si-Sana, Tas-Sliema, to pay the plaintiff company the sum of €5634.73, which amount is due to the plaintiff company.
With costs and interests
The case (Notice number 115/2020MLF) is deferred to the 24th February, 2021, at 9.45 a.m.
Registry of the Courts of Magistrates (Malta), today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
195
By a decree of the Small Claims Tribunal of the 3rd February, 2020, 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).
Rennie Azzopardi (ID 559877M) of 28, Vecchia Signora, Triq l-Orchidea, Mtarfa, filed a Claim on the 29th January, 2020, whereby he asked the Tribunal to condemn Attec Company Limited of 11, Azure Milner Grove, Għar id-Dud, Tas-Sliema, to pay the plaintiff the sum of €4,486.93, which amount is due to the plaintiff.
With costs and legal interest
The case (Claim number 36/2020KCX) is deferred on the 24th February, 2021, at 1.00 p.m.
Registry of the Courts of Magistrates (Malta), today 5th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
196
By a decree of the Small Claims Tribunal of the 28th February, 2020, 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).
Andrew Vassallo General Trading Limited (C45790) of Aluminium & Steel Fabrication Works, Tarxien Road, Gudja, filed a Claim on the 20th February 2020 whereby they asked the Tribunal to condemn S.I.T. Swimpool Innovation Technoloġies Ltd (C70874) of 161, Main Street, Mosta, to pay the plaintiff company the sum of €4,872.17, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 57/2020CZ) is deferred on the 1st March, 2021, at 12.05 p.m.
Registry of the Courts of Magistrates (Malta), today 24th February, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
197
By a Decree of the 28th January, 2021, given by the First Hall, Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by Olivia Mallia on the 21st January, 2021, the approval of the said judicial acts is being demanded for the amount of €10,000 following judicial sale by auction 12/20 in the names Olivia Mallia (ID 400479M) vs Inna Sergeevna Furtserva (ID 110174A) held under the Authority of the said Court on the 20th January, 2021.
According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Registry of the Superior Courts this Wednesday, 3rd February, 2021
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals
198
By a Decree of the 26th January, 2021, given by the First Hall, Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap.12).
That by application and a Schedule of set-off filed contemporaneously by Olivia Mallia on the 21st January, 2021, the approval of the said judicial acts is being demanded for the amount of €10,000 following judicial sale by auction 12/20 in the names Olivia Mallia (ID 400479M) vs Inna Sergeevna Furtserva (ID 110174A) held under the Authority of the said Court on the 20th January, 2021.
According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.
Registry of the Superior Courts this Wednesday, 3rd February, 2021
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals