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CourtNotices2302

23/02/2021

Court Notices oublished in Govt. Gazette no 20,577 of 23rd February 2021

244

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 8th February, 2021, and this after a written plea numbered 63/2021, Ordered: 

The correction of the Gozitan Act of Birth of Frank Galea Pace, bearing the number 10444 of the year 1945, in the sense that the surname ‘Pace Baldini’ is deleted and replaced by the correct surname ‘Pace Ubaldini’ both in the column headed ‘Particulars respecting the mother – name and surname of the father and whether living or dead’ and in the column headed ‘Annotations’.

Court of Revision of Notarial Acts

Today, Tuesday, 16th February, 2021

MARUSKA BALDACCHINO
Deputy Registrar, Court of Revision of Notarial Acts


245

By means of a decree given by the Court of Appeal, on the 11th February, 2021, in the records of the Application for a New Trial 60/13/2, in the names Victor Vella et vs Brian Micallef et, the following publication was ordered for the purpose of service of the respondent Brian Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal (Inferior Jurisdiction) Appeal Inferior Jurisdiction number 60/2013/1, Victor Vella (ID 361066M) and Marisa Vella (ID 394170M), (the applicant appellants) vs Brian Micallef (ID 479086M) Spiridione sive Dione Chetcuti (ID 266265M) and his wife Isabelle Chetcuti (ID 454469M) in solidum between them, the applicant respondents Victor and Marisa spouses Vella (ID 361066M) and (ID 394170M) respectfully pleaded:

That on the 12th June, 2020, the Court of Appeal, in its Inferior Jurisdiction, delivered judgement in the names premised in the sense that the said Honourable Court rejected the appeal of the appellants here applicants and confirmed the judgement appealed in its entirety;

That the interpellants felt aggrieved by that judgement and are thus by the present procedures asking for a new trial of the same;

That the interpellants respectfully submit that the Court of Appeal, in its judgement of the 12th June, 2020, here being set aside by a new trial badly applied the law and reached conclusions which were not supported by the proof brought forward;

That the said judgement should be set aside in a new trial as it contains mistakes in the application of the law as well as in the determination of the facts excluded by the proof as shall be shown in the course of this application and as contemplated in Articles 811(e) and (I) of Cap. 12 of the Laws of Malta;

That in the first place the applicants submit that the Court of Appeal in the judgement here being set aside for a new trial wrongly applied the law and thus there is place that the judgement mentioned be set aside for a new trial in terms of Article 811(e) of Cap. 12;

… omissis …

It appears that the Court of Appeal, in the judgement set aside for a new trial relied on Article 1539 of the Civil Code which provides,

… omissis …

Naturally this Article applies and puts obligations on the owner for the period when the lease is in force and not after it has terminated,

… omissis …

The judgement for which a new trial is being demanded failed instead of applying other Articles of the Civil Code and namely Article 1554, which provides that,

… omissis …

Evidently the judgement for which a new trial is being demanded did not apply this Article and not consider that the lessee was paying the rent and was not using the premises for the agreed use. In fact the Court ignored completely the fact that the reports made by the interpellant brought about that the lessee was effectively found guilty by the Criminal Courts for breaking the law.

Evidently thus the lessee was failing in his obligations under Article 1554, but the Court gave no consideration to this fact.

… omissis …

It is also evident that the Court of Appeal, in its judgement for which a new trial is being demanded did not consider and did not apply Article 1569 of the Civil Code which certainly was applicable to the present case.

… omissis …

Evidently thus once in the present case there was an express resolutive condition in the lease agreement it could not apply Article 1570, but had to apply Article 1569, which means thus that the lease was dissolved as soon as the express resolutive condition came in force,

It is the wrong application of the Article of the Civil Code which with respect induced the Court in a mistake. The obligation of the owner to leave the lessee to use the object leased to him is regulated by Article 1554, which demands that the lessee is to make use of the object leased to him according to law. From this it clearly results in the humble opinion of the interpellant that there is no violation of the law and the obligations imposed on the owner if the report made to the competent authority is that the lessee is not using the premises leased to him according to law,

… omissis …

With respect to the Honourable Court the facts show that the lessee and not the owner who was completely in ‘bad faith’ in the managing of the situation,

… omissis …

That furthermore the interpellant submits with all respect that the judgement of the Court of Appeal, of the 12th June, 2020, is the consequence of a mistake which results from the records of documents of the cause and thus there is room that the same judgement be set aside for a new trial in terms of Article 811(1) of Cap. 12,

That the interpellants see this mistake in the fact that the Court reached conclusions which are not supported by the proof but furthermore they are completely excluded by the documents exhibited,

… omissis …
Evidently the Court of Appeal, proceeded on the supposition that the reports made by the owner were frivolously made and not because there was truly a violation of the law, such is the case that the Court of Appeal, declared that such reports were ‘frivolous and without a basis’ . Now from the records of the cause the contrary resulted and namely that the report on the part of the owner was not frivolous or vexatious or without basis that the lessee in several instances was found guilty of the charges brought against him.

… omissis …

It is pointed out also as taught by Doctrine that although the mistake of the Court for the purposes of Article 811(1) of Cap. 12 is to be manifest, this does not mean however that the manifest mistake is to be noticeable intuitively at first sight.

That as a consequence of its decision on the merit the Court of Appeal decided that once it did not uphold the appeal of the interpellant and thus confirmed the decision of the board, the costs of the cause are to be paid entirely by the applicant interpellant,

That thus the applicant wishes and is also attacking the head of costs in the judgement here impugned and this for all the reasons above listed on the basis of which the head of the judgement of the 12th June, 2020, which is being impugned confirmed the judgement of the Board and the Appeal of the interpellant was rejected,

Thus, the applicants whilst giving every necessary guarantee according to law respectfully pray this Honourable Court:

1. to rescind and cancel the judgement above mentioned in the names premised of the 12th June, 2020, and this because it is vitiated as stated above and this in terms of Article 811(e) and (1) of Cap. 12 of the Laws of Malta; and 

2. order consequently the new trial of the same cause according to law.

With costs and the respondents are summoned so that a reference to their evidence be made.

By means of a Notice of hearing of a cause issued by the Registry of the Superior Courts, on the 14th January 2021 and whereas the procedures in writing in the cause before the Court of Appeal, between Victor Vella and his wife Marisa Vella vs Brian Micallef, Spiridione sive Dione Chetcuti and his wife Isabelle Chetcuti, in solidum between them, the Court, fixed the hearing of this cause for pleadings, on Thursday, twenty fifth (25) of February at 8.45 a.m.
Notify : Brian Micallef, (ID 479086M) 4, Triq il-Ġnejna, Mġarr.

Registry of the Superior Courts (Court of Appeal) today 17th February, 2021

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


246

By decree given by the Civil Court, First Hall, on the 15th February, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 20th May, 2021, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Jusitce, Triq ir-Repubblika, Valletta, of the following property:

1. The tenement ossia villa numbered eighteen (18) in Triq il-Merill, Kappara, limits of San Ġwann, subject to annual and perpetual ground rent of seventy three euro and twenty four cent (€73.24), otherwise free and unencumbered, as better described in the acts of Notary Annalisa Caruana dated first August, two thousand and fourteen (01/08/2014), with unknown boundaries and valued at eight hundred and fifty thousand euro (€850,000)

2. The garage situated at basement level, internally marked number two (2) forming part of block of apartments named ‘The Meadows’, in Għollieqa Lane, Triq Wied Għollieqa, Kappara, limits of San Ġwann, accessible from a drive in and a common ramp with Triq Wied Ghollieqa, valued at thirty thousand euro (€30,000).

3. The garage situated at basement level, internally marked number fifteen (15) forming part of block of apartments named ‘The Meadows’, in Għollieqa Lane, Triq Wied Għollieqa, Kappara, limits of San Ġwann, which garage is accessible from a drive in and a common ramp with Triq Wied Għollieqa, valued at thirty thousand euro (€30,000).

Included with each garage mentioned above is the perpetual, uninterrupted and transferable right of use to third parties of all the common parts and services situated at basement level and which include the remote controlled motor operated shutter/main door, the drive in and the ramp and all those parts and services intended for common use of the said garages situated in the same block of apartments which is bounded on the West by Triq Wied Ghollieqa, South by property of Joseph Busuttil or his successors in title and on all other compass points by property of unknown third parties, as subject to and/or enjoy the rights and servitudes inherited from their relative position, otherwise free and unencumbered, with all their rights and appurtenances, as better described in the acts of Notary Elsa Debono dated fourth January two thousand and seven (04/01/2007) 


The said tenement is the property of Mejlaq Jesmond (ID 178573M) and Mejlaq Anna Marie (ID 343374M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 16/2020.

Registry of the Superior Courts, this Wednesday, 17th February, 2021

GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals


247

By decree given by the Civil Court, First Hall on the 15th February, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 27th May, 2021, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement officially numbered one hundred and thirty-eight (138) and named Whoopie in Triq San Albertu, Gżira. The tenement has its own entrance on the ground floor level and is built on two floors, habitable on the first and second floor, with its own airspace and with all its rights and appurtenances. This tenement is overlying third party property together with common drainage system and as well as windows servitudes overlooking onto the said ground floor yard. This property was acquired from the debtor Samah Mansour and Simon Galea as per contract in the acts of Notary Nathalie Pace Asciak dated fifteenth May, one thousand nine hundred and ninety nine (15.05.1999). Samah Mansour has been assigned half the share of Simon Galea through a separation contract dated twenty sixth October, two thousand and four (26.10.2004) in the acts of Notary Nicholas Briffa and valued at three hundred and fifty-five thousand euro (€355,000)

The said tenement is the property of Mansour Samah (ID 148406L) and Aleaddin Halbie (ID 35069A) for any interest he may have.

N.B. The said tenement will be sold as described in the acts of judicial sales number 54/2019.

Registry of the Superior Courts, this Wednesday, 17th February, 2021

GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals


248

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 15th February, 2021, and this after a written plea numbered 141/2021, Ordered:

The annotation of the Act of Birth of David Potton when such Act of Birth is registered in the Public Registry of Malta in the sense that the surname is indicated as Figg’ instead of ‘Potton’.

Court of Revision of Notarial Acts

Today, Wednesday, 17th February, 2021

MARUSKA BALDACCHINO
Deputy Registrar, Court of Revision of Notarial Acts






249

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 9th February, 2021, and this after a written plea numbered 108/2021, Ordered:

The annotation of the Act of Birth of Martin Abdul when such Act of Birth is registered in the Public Registry of Malta in the sense that the surname is indicated as ‘Langford’ instead of ‘Abdul’.

Court of Revision of Notarial Acts

Today, Wednesday, 17th February, 2021

MARUSKA BALDACCHINO
Deputy Registrar, Court of Revision of Notarial Acts



250

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th January, 2021, Application number 122/2021, by Clive Spiteri et whereby they requested that it will be declared open in favour of Clive Spiteri and Diane Agius, children of the decujus in equal shares between them and with the right of usufruct in favour of his wife Giorgina née Borg the Succession of Louis Spiteri, husband of Giogina née Borg, son of the late Emanuel and Geralda née Camilleri, born in Valletta, Malta, resided in San Ġiljan, Malta, and died in Msida, Malta, on the 24th May, 2020, aged 72, and who held identity card number 0716747M.

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 18th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals


251

By decree given by the First Hall, Civil Courts, on the 16th February, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 27th May, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in room number 78, nearby the Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

The house numbered thirty (30) previously numbered fifty two (52) in Triq Konti Ruġġieru, Rabat, Malta built on two floors above street level while completely below street level there is an undergroud floor (basement) whose access is directly from stairs and internal lift while on the rear the basement has direct access to the back garden free and unencumbered with all its rights and appurtenances and including its relative airspace valued at seven hundred and twenty five thousand euro (€725,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M) and Gouder Joseph (ID 616356M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2019.

Registry of the Superior Courts, this Wednesday, 17th February, 2021

MARVIC FARRUGIA 
For the Registrar, Civil Courts and Tribunals



252

It is hereby notified that, by a decree dated 15th of February, 2021, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera, LLD), Appeal Number 257/2014, acceded to the request of Silvio Hili, aged fifty (50) years, son of Michael and Pauline née Grech, born in Victoria, Gozo, on the 25th of January, 1971, residing at Flat 1B, Triq Manuel Magro, Marsalforn, Gozo, and holder of identity card number 3371G, for the revocation of the order of a general perpetual interdiction imposed on him by means of a court judgment of the Court of Magistrates (Gozo) as a Court of Criminal Judicature dated 28th of May, 2014, and confirmed by the Criminal Court of Appeal by means of a judgment dated 13th of March, 2015.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Registry of the Gozo Courts and Tribunals, today the 17th of February, 2021

DANIEL SACCO
Deputy Registrar




253

By a decree of the Courts of Magistrates (Malta), of 25th January, 2021, 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 Courts of Magistrates (Malta) on an application of Father Juan De Bono (ID 195371M) of 30, Narrow Street, Cospicua, it was ordered the selection of Deputy Curators to represent the absent John Patrick Bryson of 11, Triq San Karlu, Ħal Għaxaq, in the proceedings with Application number 88/2020MLF, and in other relative and subsequent acts where they requested:

So that the defendants Atlas Insurance PCC Ltd and John Patrick Bryson pay compensation for the damages that are liquidated and do not exceed the sum of €11,750 resulting from the accident that occurred on the 7th January, 2019.

With legal interest until the date of effective payment, all costs of the present and of the garnishee order all against you who are from now summoned so that a reference to your oath be made.

The case (Application number 88/2020MLF) is deferred on the 24th May, 2021, at 10.15 a.m.

Applicant: Father Juan De Bono, 30 Narrow Street, Cospicua

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 files a note with a declaration that he is prepared to act as such. 

You are also ordered to inform every one 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 Mareann Farrugia, LLD, Doctor of Laws, Magistrate of the abovementioned Court.

Today 25th January, 2021

Registry of the Magistrates Court (Malta), today 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Courts and Tribunals


254

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th January, 2021, Application number 151/2021, by Mary Grace Abela et whereby they requested that it will be declared open in favour of Mary Grace Abela, wife of the decujus in the quota of four parts of eight (4/8) undivided share and in favour of Anne Marie, Daniela, Jolene and Jesmar, children of the decujus, brothers and sisters Abela in the quota of one eighth (1/8) undivided share each one of them the Succession of Victor Abela, husband of Mary Grace née Azzopardi, son of George Abela and the late Josephine née Azzopardi, born in Ħal Qormi, Malta, resided in Ħal Qormi, Malta, and died in Msida, Malta, on the 21st September, 2008, aged 40, and who held identity card number 126268M.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals


255

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th February, 2021, Application number 199/2021, by Maureen mart Keith Cole et whereby they requested that it will be declared open in favour of Maureen wife of Keith Cole, Cecilia Rita Grech Marguerat, Mary Grace known as Graziella wife of Paul Agius and Sandra (Alexandra) known as Alessandra wife of Ivan DiStefano children of the decujus in equal shares between them the Succession of Maria known as Mary Grech Marguerat, widow of Hugo Grech Marguerat, daughter of the late Emmanuele Abela and Maria née Bartolo, born in Bormla, Malta, resided in Naxxar, Malta, and died in Naxxar, Malta, on the 8th June, 2020, aged 94, and who held identity card number 0435126M.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals


256

By means of a decree given by the Civil Court (Family Section) on the 6th October, 2020, in the records of the Sworn Application, in the names Kevin Pace vs Mariella Hammett, Application number 145/2016 AL, the following publication was ordered for the purpose of service of the defendant Mariella Hammett, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application and Application presented by Urgency, in the Civil Court (Family Section), Application number 145/16 AL, in the names Kevin Pace (ID 487570M) vs Mariella Hammett (ID 587277M) on the 8th January, 2021, the applicant Kevin Pace (ID 487570M) respectfully pleaded:

1. That by means of an application of the 1st October the applicant asked this Honourable Court to revoke contrario imperio its decree of the October, 2016, and grant the applicant access towards the minor boy … omissis … as demanded in this application;

2. That despite that she is not notified the respondent came to know of this application and the parties explored the possibility as to how the access is to be exercised and presented a joint application which was upheld by this Honourable Court by means of a decree of the 18th November, 2020;

… omissis ….

10. That in the joint application above mentioned of the parties of the 17th November 2020, the parties asked this Honourable Court ‘to hold suspended at this stage the application presented by the plaintiff Kevin Pace, on the 1st October, 2020, pending the outcome of the attempt above mentioned with a reservation that the interpellant Mariella Hammett can present her reply as regards such application if it shall be necessary.

Thus, the applicant respectfully prays this Honourable Court to order the respondent to present her reply within five days as mentioned in the decree of the 3rd October, 2020, and this saving any other provision that this Honourable Court may grant in the circumstances.

The Sworn Application, Application number 145/2016 AL, in the names Kevin Pace vs Mariella Hammett, has been deferred for hearing to the 10th March, 2021, at 10.15 a.m.

Notify: Adv. Jonathan Spiteri, Superior Courts of Malta

Registry of the Civil Courts (Family Section), today 19th February, 2021

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


257

By means of a decree of the 7th January, 2021, of the Civil Court First Hall in the records of judicial letter number 3379/2020, in the names Mark John Borg vs Eamonn Gomex Jimenez, the following publication for the purpose of effecting service on the respondent was ordered in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 15th October, 2020

To Eamonn Gomez Jimenez (ID 0058084A) of Apartment 1, 24/2, Triq il-Foss, Birgu, Vittoriosa.

By the present Mark John Borg (ID 100472M), whilst referring to the last contract dated 8th October, 2018, (herewith attached and marked as Doc. A) in virtue of which the sender leased to you the Apartment 1, 24/2 Triq il-Foss Birgu, Vittoriosa (the tenement) whilst making reference to the various notifications made to you in order to affect payment, presently calls upon you to pay within fifteen days from the notification of the present, the sum of €1,800 representing arrears of rent on the tenement as well as any other amounts which may become due.

In default of this, the sender finds no other option but to insitute proceedings before our Courts, including the issuance of precautionary warrants as well as a request for eviction from the tenement.

This letter is being sent inter alia in terms of Article 1570 of Cap. 12 of the laws of Malta and Article 5 of the agreement.

With costs and with reservation of any action available to the sender.

Registry of the Superior Courts today 19th February, 2021.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




258

By means of a decree of the 4th November, 2020, of the Civil Court First Hall in the records of judicial letter number 2443/2020, in the names Charles Cassar vs Montdiac Company Limited, the following publication for the purpose of effecting service on the respondent company was ordered in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 11th August, 2020

To Montdiac Limited (C52174) of 50 Amery Court, Flat 15, Triq Amery, Tas-Sliema

By means of this present Charles Cassar (ID 359441M) of Champalin, Triq il-Prekursur, Madliena, whilst referring to the lease agreement of the 1st October 2011 between the interpellant and the respondent company Montdiac Limited (CV52174) of 50 Amery Court Flat 15, Triq Amery, Tas-Sliema, Malta, regarding the premises Shamrock House, Triq Dingli, Tas-Sliema, informs you that recently you returned the keys of the commercial premises to the interpellant on the 31st July, 2020;

The interpellant is henceforth holding the respondent company liable for all damages, which include those damages which the interpellant is suffering as a result of the premises not having been returned by the respondent company in a good state of repair and since the premises was not being maintained regularly;

That therefore the interpellant asked a technical architect to prepare a report on the damages that the interpellant suffered. That this report has not yet been completed;

Furthermore, the respondent company is also liable to pay the balance due of arrears of rent and consumption of electricity and water, which were used during the course of the lease until the premises were returned to the interpellant, where the balance due to the interpellant (to be paid to ARMS Limited) for electricity and water utilities is €6699 and/or a higher balance;

In addition, there is also pending the balance of the rent of the premises according to the agreement of the 1st October, 2011, for the period from the 4th January, 2020, to the 31st July, 2020, which amounts to €10,864 and/or any other amount, which amount of €10,864 includes also the substantial discount that was agreed between the interpellant and the respondent company for the months of April, May and June of, 2020, due to the Covid-19 pandemic;

Therefore, by means of this judicial letter, the interpellant is soliciting the respondent company to pay without delay and within one week from the notification of this judicial letter the total of €6,699 and €10,864 which amount to €17,563 and/or any other sum;

The interpellant wishes to enter into consitution of debt deed in order to get paid what is due, with due reservation for damages as explained at the beginning of this judicial letter.

In the event that the respondent company fails to come forward and if it does not cooperate, the applicant will have to proceed according to law.

With legal costs and commercial interest till the effective payment.

This judicial letter is being sent in accordance with the interpellant’s rights under Cap. 16.

That the interpellant reserves all his rights according to law including those rights under Cap. 386.

Registry of the Superior Courts today 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



259

By means of a decree given,by the Civil Court First Hall, on the 29th January, 2021, in the records of the Sworn Application in the names HSBC Bank Malta plc vs Michael Livori, Application number 960/20 MH, the following publication was ordered for the purpose of service of the respondent Michael Livori, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Aplication, filed, in the First Hall Civil Court, in the names HSBC Bank Malta plc (C3177) vs Michael Livori (ID 390678M) on the 23rd October, 2020, the applicant HSBC Bank Malta plc asked this Honourable Court,

1. Declare that the defendant is a debtor towards the plaintiff bank in the sum of sixty two thousand seven hundred and one euro and fifty one cents (€62,701.51) due as stated in the application, besides legal interest from the 14th October, 2020, till the date of effective payment in terms of Article 1142 of Cap. 16 of the Laws of Malta, condemn the said Michael Livori to pay the sum above mentioned, with interest as demanded above.

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

The Sworn Application HSBC Bank Malta plc vs Michael Livori, Application number 960/20 MH, has been deferred for hearing to the 28th April, 2021, at 9.20 a.m.

Notify Respondent: Flat 2, Ħal Ginwi, Triq Axtart, M’Xlokk

Registry of the Superior Courts, today 19th February, 2021

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



260

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 904/2020 in the names No Deposit Cars Malta Limited vs Ljubisa Damnjanovic the following publication was ordered for the purpose of effecting service on the respondent Ljubisa Damnjanovic in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

Today 4th June, 2020

To Ljubisa Damnjanovic (ID 156220A) of Fralea Court, Fl 2, Triq San Massimiljano Kolbe, San Pawl il-Baħar

By the present, No Deposit Cars Malta Limited (C85780) 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 €2,080 (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 12th July, 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 10 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th May, 2019, and which sum has to date not been paid; 

2. Bill of exchange number 11 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th June, 2019, and which sum has to date not been paid; 

3. Bill of exchange number 12 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th July, 2019, and which sum has to date not been paid; 

4. Bill of exchange number 13 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th August, 2019, and which sum has to date not been paid; 

5. Bill of exchange number 14 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th September, 2019, and which sum has to date not been paid; 

6. Bill of exchange number 15 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th October, 2019, and which sum has to date not been paid; 

7. Bill of exchange number 16 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th November, 2019, and which sum has to date not been paid; 

8. Bill of exchange number 17 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th December, 2019, and which sum has to date not been paid; 

9. Bill of exchange number 18 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th January, 2020, and which sum has to date not been paid;

10. Bill of exchange number 19 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th February, 2020, and which sum has to date not been paid;

11. Bill of exchange number 20 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th March, 2020, and which sum has to date not been paid;
12. Bill of exchange number 21 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th April, 2020, and which sum has to date not been paid;

13. Bill of exchange number 22 in the amount of €160 issued by the defendant in favour of the company, which bill of exchange was due on the 12th May, 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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


261

By means of a decree of the 25th January, 2021, in the records of the judicial counter-protest number 374/2020 in the names Association of Airline Pilots Malta (ALPA) vs Air Malta plc, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Association of Airline Pilots Malta (ALPA) in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Association of Airline Pilots Malta (ALPA)

vs

Air Malta plc (C2695) 

Counter-protest of the company Air Malta plc (C2685) who respectfully sumbits:

The allegations made by the counter protestants (ALPA) in the judicial protest number 338/2020 are incorrect and without any factual and/or legal basis and thus they are being strongly rebutted by the applicant company;

Since before 2018 the applicant company informed ALPA several times, in writing that its insurance brokers had not managed to acquired a package of insurance of Permanent Health Insurance (PHI) with the same terms of coverage which was provided by the applicable policy till May 2018. Those covering terms are no longer available in the market, and this because insurance companies no longer want to continue offering those terms of cover;


After the expiry of the policy in May 2017, the insurance Company had, with great reluctance, extended the insurance policy regarding PHI for another year with a clear message that it was not going to offer that policy after May 2018. ALPA was informed about this. The allegations of bad facith are totally frivolous and this results, even at first glance, from the provisions of article 28.4 of the collective agreement itself – which contemplates a situation where the policy for PHI according to those terms is not available. 

Although it continuously tried to acquire an alternative policy, this was not possible and thus the policy expired on the 31st May, 2018;

The problem was discussed with ALPA several times, and the applicant company offered a number of alternatives, including a PHI policy according to the terms found in the market, and also a better policy given to the pilots, and this according to the collective agreement. None of these alternatives were accepted by ALPA, and no reasons were given by ALPA, save that it wanted better PHI terms;


The applicant company gave ALPA the free hand for it to choose a PHI policy, but ALPA failed to find an alternative policy that satisfies what it wanted and did not put forward any proposal to the applicant company;

Notwithstanding that it always proceeded in terms of the collective agreement, the applicant company assumed (without any obligation to do so) self insurance regarding the PHI, on the same terms of the policy which were applicable till 31st May, 2018;

In addition, and in order to ensure compliance with the collective agreement, the applicant company also procured improvements on another policy benefitting the pilots, notably the one covering against loss of licence, where the benefit was extended from a payment equivalent to 4 times the annual salary, to a payment equivalent to 8 times the annual salary;

In fact, the improvement in the policy covering against loss of licence is, in itself, sufficient for the applicant company to fulfil its obligations under Article 28.4 of the collective agreement;

As mentioned, PHI Coverage with self insurance was provided without obligation and was only intended for a short period. However, after more than a year and a half of renewing that self insurance, the applicant company could no longer bear that risk, much less so in the present circumstances. Therefore, it did not renew the self insurance beyond July 2020, but retained in place the improvement on the policy covering against loss of licence;

This is a clear example of a disagreement over the interpretation of article 28.4 of the collective agreement, which should be resolved in accordance with the provisions of article 7 of the collective agreement and not otherwise. ALPA has also been informed of this on several occasions and it is warned that the threatened industrial action would be in breach of the collective agreement;

Furthermore, in the circumstances there is no scope for the application of Article 8 of the collective agreement on Status Quo. The insurance cover of the PHI self insurance has always been granted for a definite period and there is no practice that ALPA can quote;

Finally, the applicant company states that, contrary to what was alleged by ALPA, it has always complied with all its obligations arising from the collective agreement.

For the above reasons, the applicant company formally denies the claims and allegations made in the ALPA judicial protest, in particular that the applicant company may in some way be liable for any damages suffered, or which may be suffered, by the members of ALPA and is putting ALPA on notice and is soliciting it to refrain from making further allegations which are frivolous and vexatious and without any basis in fact or in law.

Applicant; Level 2, Skyparks Business Centr, Malta International Airport, Ħal Luqa

Notification: ALPA, c/o 22, Limbordin, limits of Xemxija, St Paul’s Bay

Registry of the Superior Courts today 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



262

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th January, 2021, Application number 11/2021, by Justin Alan Evison whereby he requested that it will be declared open in favour of his daughter Sofia Marie Evison (ID 127606A) in its entirety the Succession of Iveta Evison, divorced from Justin Alan Evison, daughter of the late Aleksanders Melniks and Gaida Meinika née Runce, born in Riga, Latvia, on the 2nd October, 1977, resided in Swieqi and died in Tal-Qroqq, Msida, Malta, on the 19th August, 2019, aged 41, and who held identity card number 127559A.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals






263

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th February, 2021, Application number 195/2021, by Marco Micallef et whereby they requested that it will be declared open in favour of Marco Micallef, Joseph Joel Micallef and Anna Marie Meilaq children of the decujus in equal shares between them the Succession of their mother Mary Micallef, widow of Carmelo Micallef, daughter of Joseph Bezzina and Stella née Curmi, born in Santa Venera, Malta, resided in Fleur-De-Lys, Birkirkara, Malta, and died in Msida, Malta, on the 3rd June, 2020, aged 78, and who held identity card number 0188442M.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



264

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd September, 2020, Application number 1045/2020, by Edwin Camilleri et, whereby following the application Victor Camilleri, born in Ħamrun on the 20th July, 1945, and holding identity card number 0603645M was interdicted from all the acts of the civil life by means of a decree given on the 18th January, 2021.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



265

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th Jannar, 2021, Application number 127/2021, by Mattia Scanzo et whereby they requested that it will be declared open in favour of Mattia Scanzo, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Diana, Santo and Giovanni, brothers and sisters Fortugno, children of the decujus in equal shares between them the Succession of Rocco Fortugno, husband of Mattia Scanzo, son of the late Santo Fortugno and Diana Petrace, born in Palmi, Reggio Calabria, Italy, resided in Msida, Malta, and died in Msida, Malta, on the 29th October, 2020, aged 75 and who held identity card number 0140538A.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



266

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th October, 2021, Application number 1381/2020, by Catherine Spiteri whereby she requested that it will be declared open in her favour the Succession of her father Francesco Farrugia, widower of Guzeppa née Mifsud, son of the late Michele Farrugia and Caterina Farrugia, born in Żurrieq, Malta, resided in Żurrieq, Malta, and died in Ħal Safi on the 21st December, 2019, aged 91, and who held identity card number 0378728M.

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 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



267

ARB/C010/2021 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 19th February, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 103/2021, in the case:

The Republic of Malta

Versus
 
OVI TABI, taxi driver, 36 years, son of the late Dimitrius and the late Ruth, born in Nigeria on the 27th August, 1984, residing at Manoel, Triq il-Bramel, Swieqi, and holder of Maltese identity card bearing number 9000205A. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to OVI TABI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Section 23A and Section 23B of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5, Section 23A, and Section 23B referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six Euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law. 
 
Today, 22nd February, 2021 

ACTING DIRECTOR, ASSET RECOVERY BUREAU



268

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 Mary Farrugia et it was ordered that deputy curators be chosen to represent the unknown persons in the acts of the schedule of deposit number 1961/2020 in the names Mary Farrugia 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 Mary Farrugia née Bonello (ID 289833M) widow of Vincent Farrugia, daughter the late Rokku Bonello and Helen née Zammit; Joseph Mary Farrugia (ID 303263M), son of the late Vincent Farrugia and Mary Farugia née Bonello; Maryanne Attard née Farrugia (ID 524961M) daughter of the late Vincent Farrugia and Mary Farrugia née Bonello; and Lucille Felice née Farrugia (ID 13670M) daughter of the late Vincent Farrugia and Mary Farrugia née Bonello vs deputy curators to represent unknown persons that has the right to withdraw the amounts deposited by means of this procedure, on the 21st December, 2020, the applicants Mary Farrugia née Bonello (ID 289833M) widow of Vincent Farrugia and of Joseph, Maryanne and Lucille, siblings Farrugia children of the late Vincent Farrugia and of Mary Farrugia née Bonello respectfully submitted:

That according to the contract dated 15th April, 1980, in the records of Notary Dr Angelo Sammut (attached and marked Document A), Vincent Farrugia son of the late Giuseppe Farrugia and Giuseppa née Schembri, born in Żurrieq and residing in Birkirkara, bought and acquired from Vincent Borg, son of the late Michael Borg and Margherita née Zammit, the unnumbered garage with the name Vincent, in Triq John Borg, Birkirkara, which garage underlies other property and is bounded from the North with the said street, from the West with property of Carmelo Zammit and from the East with the property of Anthony Ebejer, and this subject to the annual and perpetual groundrent of Lm1.50 equivalent to €3.49 with the right of laudemium and otherwise free and unencumbered;

That according to the causa mortis declaration dated 9th March, 2011, in the records of Notary Dr Marco Farrugia (Note of Reference: 4580/2011) (attached and marked as Document B), the late Vincent Farrugia, by way of legacy left to his wife the applicant Mary Farrugia née Bonello a quarter of all his estate, together with the usufruct of all his property. It was also stated that the late Vincent Farrugia nominated as his universal heirs the applicants Joseph, Maryanne and Lucille, siblings Farrugia;

By means of this present application the applicants are paying three years groundrent arrears as well as an amount equivalent to another year by way of laudemium and thus they are depositing under the Authority of this Honourable Court the amount of €13.96 for this purpose;

The annual and perpetual groundrent of €3.49 capitalised at the rate of 5% amounts to €69.80, which amount is also being deposited under the authority of this Honourable Court by way of redemption of groundrent;

That the applicants wish to avail themselves from the option granted through Art 1501 of the Civil Code and thus redeem this groundrent.

Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the amount of €83.76, representing the redemption of groundrent regarding the said premises and the said arrears, which amount may be freely withdrawn by whom has the right to it according to it after leaving the relative receipt according to law. 

Respondents: Deputy Curators Law Courts, Valletta

Director Public Registry, Valletta

Lands Registrar, 116, Casa Bollino, 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 Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

Today 5th January, 2021

Registry of the Superior Courts, today 19th February, 2021

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



169

By a decree of the Small Claims Tribunal of the 21st October, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 17th October, 2019 whereby they asked the Tribunal to condemn Cian Limited (C60324) of C-3006, Balluta Terrace, St Julian’s Ramp, St Julian’s, to pay the plaintiff company the sum of €772.36, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 316/2019KCX) is deferred on the 3rd March, 2021, at 1.00 p.m.

Registry of the Courts of Magistrates (Malta), today 19th February, 2021
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



270

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 6th August, 2020, following a request by Duncan Vassallo it was ordered that deputy curators be chosen to represent the unknown heirs of Dr Joseph Pace and unknown owners in the records of the schedule of deposit number 1104/2020 in the names Duncan Vassallo 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 Duncan Vassallo vs Deputy Curators to represent the heirs of Dr Joseph Pace and unknown owners, filed on the 3rd August, 2020, the applicant Duncan Vassallo (ID 227173M) respectfully submitted:

That the applicant is the owner of the premises internally marked with number three (3) on the second (2) floor of the block without name but built on the house with official number 109 and 111, Triq Sant’Albert, Gżira;

That the applicant acquired this premises from J.F. Estates Limited (C38175) by means of a contract in the records of Notary Rachel Busuttil dated 11th December, 2007, as exhibited in the document marked as Doc. A;
That the premises is subject to the annual and perpetual groundrent of Lm0.30 payabel to Marquis Cassar Desain and the heirs of Dr Joseph Pace;

That the amount payable to the persons above mentioned is that of Lm0.13 and Lm0.17 respectively that are equivalent to €0.30 and €0.40 respectively;

That the calculations of the said amount is here attached and marked as Doc. B;

That the amount of Lm0.30 that is equivalent to €0.70 representing the groundrent due capitalised by the rate of 5% amounts to €14.00;

That the annual and perpetual groundrent for these last 6 years amounts to €4.20.

Thus, in virtue of article 1501 of Cap. 16 of the Laws of Malta, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the amount of €18.20 for the redemption of this groundrent, so that the amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: 144, Triq il-Kbira, Ħad-Dingli

Notification: Direttur tar-Reġistru Pubbliku, Triq id-Dejqa, Valletta

Lands Registrar, Casa Bolino, 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. Justice Mr Gianninu Caruana Demajo, LLD, Doctor of Laws.

Today 6th August, 2020

Registry of the Superior Courts, today 19th February 2021.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



271

By a decree given on 28th January, 2021, 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 Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 2nd January, 2020, by Clinton Bondin application number 1/20 in the names Clinton Bondin (ID 283285M) vs Arturo Mingardi (ID AK 2803423, Provincia di Ragusa) being asked that the Court orders the sale by auction of:

The tenement numbered one hundred and thirty four letter A (134A), one hundred thirty four letter B (134B) and one hundred and thirty four letter C (134C), in Triq il-Oratorju, Bormla, as also appears according to the contract of the twentieth October two thousand and nine (20.10.2009), unknown boundaries.

The said tenements are the property of Arturo Mingardi identity card holder number AK 2803423, Province of Ragusa.

Registry of the Superior Courts, this Monday, 22nd February, 2021

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals



272

By decree given by the Civil Court, First Hall on the 21st January, 2021, on the application of Bank of Valletta plc (C2833), Tuesday, 6th July, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The flat internally numbered one (1) on the second floor and situated on the left hand side when facing the front of the block from the street, which flat forms part of an unnumbered block of buildings named ‘Dajenu Apartments’, in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, sometimes indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as ‘Ta’ Zilfa’, which block is bounded on the West by the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title, including pro rata of the common parts of the block of the flats i.e. the entrance, corridors and stairways, staircase, stairwell, landings, lift, shafts, drains, drainage and electric systems and communications in the common parts intended for common use of all owners of the flats situated in the block, with the right to install a water tank, common aerial television and/or satellite dish on the roof of the said block of flats as well as the right of access to the roof for purposes of repair and maintenance of the said water tank, aerial and/or satellite dish but excluding the roof and the airspace overlying the said block which are not part of the common parts valued at one hundred and eighty three thousand euro (€183,000).

and

Basement level garage, internally numbered eight (8), occupied and can only be used for personal purposes accessible from a common ramp and drive in leading to Triq Mikiel Calleja abutting onto Triq San Tumas,  Ħal Tarxien, which garage forms part of an unnumbered block of buildings named ‘Dajenu Apartments’, in Triq Mikiel Calleja abutting onto Triq San Tumas, Tarxien, sometimes indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as ‘Ta’ Zilfa’, which block is bounded on the West by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title. The garage is bounded on the North with the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title including pro rata of the common parts leading to the same garage i.e. the entrance, the ramp and the space in front of the garage valued at twenty seven thousand euro (€27,000).

The said flat and garage are subjects to and enjoy servitudes resulting from their position the rest free and encumbered with all its rights and appurtenances. 

The said tenements are the property of Scerri Raymond (ID 605960M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2016.

Registry of the Superior Courts, this Thursday, 18th February, 2021

MARVIC FARRUGIA 
For the Registrar, Civil Courts and Tribunals



273

Bann for Curators 

Republic of Malta 

To the Executive Officer (Courts of Magistrates), Gozo
It is hereby notified that by a decree dated the 19th February, 2021, the Court of Magistrates (Gozo) Superior Jurisdiction, Family Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 19th February, 2021, in the records of the schedule of deposit and letter number 10/2021BS by the Court of Magistrates (Gozo), Superior Jurisdiction, Family Section, upon an application filed by Sharon Alwan née Spiteri, holder of identity card number 261879M versus deputy curator in order to represent the absent Jamal Sedigh Alwan, filed on the 19th February, 2021, in the Court of Magistrates (Gozo), Superior Jurisdiction, Family Section, as well as the other related and subsequent acts. They respectfully premised:

The parties Sharon Alwan née Spiteri and Jamal Sedigh Alwan got married on the twenty-third (23rd) of July of the year one thousand nine hundred and ninety-nine (1996), and from this relationship four children were born, with the youngest being a minor. Thus, the youngest i.e. the minor is … omissis … who was born on the nineteenth (19th) of July of the year two thousand and six (2006) as evident from the birth certificate annexed hereto and marked as Doc. A. For all intents and purposes the birth certificate of the applicant is also being attached hereto and marked as Doc. B. 

That the matrimonial life between the parties has been rendered impossible for reasons which are solely attributable to Jamal Sedigh Alwan. The same reasons also gave rise to the present situation between the parties;

That for the past fifteen years, Jamal Sedigh Alwan has not made any contact both with the applicant and their son … omissis ….. Furthermore, both the applicant and the minor are not aware where Jamal Sedigh Alwan is residing;


That there exists grievous sufficient reasons in the laws that can lead to personal separation of applicant from her husband Jamal Sedigh Alwan.

Accordingly, the applicant respectfully asks this honourable Court to: 
 
Appoint a mediator for the parties to reach an amicable settlement and eventually agree on a contract for personal separation and this after the two parties agree on the care and custody of the aforementioned child, the alimony payable to the applicant in the interest of their son and the modality of the alimony payment, and, on the termination and liquidation of the community of acquests.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act. 

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo), Superior Jurisdiction, Family Section, under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

This 22nd February, 2021

Registry of the Court of Magistrates (Gozo) 

Superior Jurisdiction, General Section

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals



274

By means of a decree given, by the Civil Court (Family Section) on the 10th November, 2020, in the records of the Application in the names Micallef Stephen vs Grima Christabel, Application number 99/20 AL, the following publication was ordered for the purpose of service of the respondent Chrisatabel Grima, in terms of article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Stephen Micallef (ID 95492M) vs Christabel Grima (ID 557090M) on the 8th July, 2020, the applicant Stephen Micallef (ID 95492M) respectfully pleaded:

1. That from a relationship between the parties two minor children were born … omissis … who was born on the 4th October, 2012, and … omissis … who was born on the 3rd November, 2013;

2.That the parties had been in a relationship and cohabited together with the minor children in the interpellant’s other home, till when at the begining of March of the year 2019, the defendant left the same residence and abandoned both the interpellant and the two minors;

… omissis …

6. That the interpellant was authorised to proceed with the sworn application by decree of the 12th May of the year two thousand and twenty.

Thus, the interpellant humbly prays this Honourable Court,

1. To entrust the care and custody of the minor siblings Micallef exclusively to the interpellant in such a manner that the interpellant can take all the decisions regarding the same minors and uphold the other demands in the application.

With all costs as demanded in the application against the defendant from now summoned so that a reference to her evidence be made.

The Sworn Application in the names Micallef Stephen vs Grima Christabel, Application number 99/20 AL, has been deferred for hearing to the 25th March, 2021, at 9.30 a.m.

Notify Respondents: ‘Kikka’, Trejqet il-Villeġġjanti, Xgħajra

Registry of the Civil Courts, (Family Section), today 22nd February, 2021

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