1610
ARB/C080/2021 – FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 22nd October, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 679/2021, in the case:
The Police
(Inspector Roderick Attard)
Versus
HEIDI JENNIFER PAYNE, works in crypto currency, 18 years, daughter of Andrew Payne and Sara Hobbs, born in Maidstone, United Kingdom on the 10th February, 2003, residing at 195, Triq Ħad Dingli, Rabat, Malta, and holder of Maltese identity card bearing number 262392A.
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 HEIDI JENNIFER PAYNE and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable through Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where he is perceiving this money.
Any person who acts in contravention of the court order mentioned in Article 5 and Article 23A (2) 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, 1st November, 2021
Acting Director, Asset Recovery Bureau
1611
By means of a decree of the 22nd June, 2021, of the Rent Regulation Board, in the records of the Application in the names Giovanna sive Jeanette Pocock vs Maria Victoria Vella, Application Number 104/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Maria Victoria Vella 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 Giovanna sive Jeannette Pocock (ID 542171M) vs Maria Victoria Vella (ID 152386M) filed before the Rent Regulation Board, on the 27th April, 2021, the applicant Giovanna sive Jeanette Pocock (ID 542171M) et requested this Honourable Board why it should not:
1. Declare that the respondent violated the conditions stipulated in the lease agreement signed between the parties dated 18th July, 2019;
2. Declare that the lease agreement between the parties is terminated;
3. Authorises the applicant to take back the possession of the premises Fairfield, Triq Agata Barbara, Ħaż-Żabbar and orders the respondent to evict from the premises and return the vacant possession of the premises and this within a short and peremptory time fixed by this Honourable Board;
4. Orders the respondent to pay all the rent arrears due till the last day that she occupies the premises;
5. Orders the respondent to pay the water and electricity bills of the premises Fairfield, Triq Agata Barbara, Ħaż-Żabbar and orders and condemns the respondent to pay the water and electricity bills till the day when the applicant is given back the effective possession of the premises;
6. Declares the respondent responsible to pay the applicant the damages that is compensation from damages borne from loss of profit by the applicant and this till the respondent gives back the effective possession of the premises;
7. Liquidates the same damages that is the compensation of loss of profit payable by the respondent for every day or every month and this by means of an architect, and also provide so that the same damages that is compensation of loss of profit will be revised every year on the basis of the inflation index of Cap. 158 and/or will be revised regularly with a method established by this Board;
8. Orders and condemns the respondent to pay the applicant the damages that is compensation for loss of profit liquidated from the date established by this Board till the date that the applicant is given back the effective possession of the premises;
9. Orders that the respondent pay the amount of €150 for every day that she remains occupying the premises after she failed to pay the rent due by her and this according to the conditions of the contract of lease between the parties.
With costs against the respondent, including the judicial letter of the 26th February, 2021, and with legal interest and the respondent is from now summoned so that a reference to her oath be made.
Applicants: 20, Triq Vincenzo Dimech, Gudja
Respondent: Fairfield, Triq Agata Barbara, Ħaż-Żabbar
The application in the names Giovanna sive Jeanette Pocock vs Maria Victoria Vella, Application number 104/2021NB, has been postponed for hearing to the 10th November, 2021, at 8.30 a.m.
Registry of the Superior Courts, today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1612
By means of a decree of the 14th July, 2021, of the Rent Regulation Board, in the records of the Application in the names Massimiliano Damiano et vs Gilles Pinto, Application number 106/2021JD, the following publication was ordered for the purpose of effecting service on the respondent Gilles Pinto 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 Massimiliano Damiano (Italian passport number YA3358344) and Chiara Macinetti (Italian passport number YA 6516466) vs Gilles Pinto (ID 12298A) filed in the Rent Regulation Board, on the 30th April, 2021, the applicants Massimiliano Damiano (Italian passport number YA3358344) and Chiara Macinetti (Italian passport number YA 6516466) requested this Honourable Board to find why it should not:
1. For all intents and purposes, declare that, notwithstanding that the Parties agreed to terminate the lease of the villa with official number 41, Triq San Ġwann, Naxxar, the Applicants had a valid and legally justified reason to terminate the leased tenement in light of the respondent's several defaults;
2. Order the respondent to return the deposit paid unto the respondent by the applicants in the amount of €8,250.00;
3. Order the respondent to return the difference in amount between the provisional payment paid unto the respondent by the applicants in the amount of €250 per month towards the relative meter-rent and water and electricity consumption within the leased tenement and the relative actual bills;
4. Order the respondent to pay interest on the amounts due to the applicants per the second and third claims hereby requested at the rate of 8% per annum which shall start to accrue on the date of service of this application.
With expenses to be borne by the respondent who hereby summoned to give evidence.
Applicants: Massimiliano Damiano (Italian passport number YA 3358344), 29, Triq Jules Verne, Naxxar
Chiara Macinetti (Italian passport number YA 6516466), 29, Triq Jules Verne, Naxxar
Respondent: Gilles Pinto (ID 12298A), 240, Flat 6, Triq it-Torri, Tas-Sliema
The application in the names Massimiliano Damiano et vs Gilles Pinto, Application number 106/2021JD, has been postponed for hearing to the 10th November, 2021, at 10.45 a.m.
Registry of the Superior Courts, today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1613
By means of a decree given, by the Civil Court, First Hall, by this Court (AD) on the 16th September, 2021, in the records of the Application in the names Jeremy Muscat vs Alexandra sive Sandra Dalmas, Application number 636/21 AD, the following publication was ordered for the purpose of service of the respondent Alexandra sive Sandra Dalmas, 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 Jeremy Muscat (ID 98090M) vs Alexandra sive Sandra Dalmas (ID 31768M) on the 30th June, 2021, the applicant Jeremy Muscat, asked this Honourable Court;
1. To declare that the preliminary agreement which prospected the transfer of the property dated 20th May, 2017, as extended does no longer have any force, in so far as the term agreed therein lapsed, uphold the other demands in the application amongst which that it orders the respondent Alexandra Dalmas to pay the amount liquidated for the amounts paid by the applicant and the costs incurred by the applicant.
With costs, against the respondent from now summoned so that a reference to her evidence be made.
The Application in the names Jeremy Muscat vs Alexandra sive Sandra Dalmas, Application number 636/21 AD, has been put off for hearing to the 12th November, 2021, at 9.10 a.m.
Notify Respondent: Kleigha Res. Razzett Majnu, Tas-Salib, l/o Rabat, Malta
Registry of the Superior Courts, today 29th October, 2021
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
1614
By means of a decree of the 12th July, 2021, in the records of the judicial letter number 119/2021, in the names United Acceptances Finance Ltd vs Brian Debono et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Brian Debono (ID 171882M) of 2, Intero Place, Triq l-Ispiera, Swieqi, and/or 10 Triq Santa Katarina, Ħal Għargħur and Anna Katharina Debono (ID 21670A) of 2, Intero Place, Triq l-Ispiera, Swieqi, and/or 10, Triq Santa Katarina, Ħal Għargħur, on the 14th January 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to seventeen (17) bills of exchange from the account number 0303320015 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked Documents 7 to 23.
The interpellant calls upon so that within two day you pay the sum of €3,910 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourself.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
With costs
Registry of the Courts of Magistrates (Malta), today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1615
By means of a decree of the 3rd June, 2021, in the records of the judicial letter number 335/2020, in the names Malta Gaming Authority vs Neptune Entertainment Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Neptune Entertainment Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 30th January, 2020,
To Neptune Entertainment Limited (C63262) of 36, Obidos, Triq San Rafel, Ħal Qormi
By means of the present letter, the Malta Gaming Authority of Building SCM02-03, Level 4, SmartCity Malta, Ricasoli SCM 1001, notifies you with the attached sworn declaration marked as Document A for all the effects and purposes of Article 466 of Cap. 12 of the Laws of Malta and is soliciting you to pay the total amount of €29,660, which amount is certain, liquid and due for the payment regarding the licences in the name of the same company with numbers MGA/B2B/271/2014 and this as described hereunder:
1. The amount of €25,000 as payment of True-Up Alignment for the year 2018; and
2. The amount of €4,660 as payment of tax on gaming for the month of October, 2017.
Notwithstanding the fact that you were solicited several times by the interpellant to come forward for the payment of the amount due, you failed to pay till the date of this letter. In addition, there is no valid reason for this default because the amount due was never contested.
This act is being sent to you for all the purposes and effects at law and in default of payment or opposition on your part within the time given in article 466 of Cap. 12 of the Laws of Malta, the interpellant will proceed to enforce this claim according to law.
With costs
Registry of the Superior Courts today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1616
By means of a decree given, by the Civil Court First Hall, on the 11th October, 2021, in the records of the Application in the names David Vella (Trading) Limited (C25923) vs Popular Marketing Limited (C53146), Application number 496/20 TA, the following publication was ordered for the purpose of service of the respondent company Popular Marketing Ltd (C53146) 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 David Vella (Trading) Limited (C25293) vs Popular Marketing Limited (C53146) on the 14th October, 2020, the applicant company David Vella (Trading) Limited (C25293) asked this Honourable Court,
1. To authorise the amendments of the applicant company in its original application which copy is annexed Doc. A and authorise the addition of Thomas Debono ID 127885(M) as defendant in the cause and uphold the other demands in the application and this under those pacts and conditions that this Honourable Court deems reasonable and opportune.
The Application in the names David Vella (Trading) Ltd vs Popular Marketing Ltd, Application 496/20 TA, has been deferred for hearing to the 16th November, 2021, at 9.30 a.m.
Notify Company: Popular Marketing Limited (C53146) Il-Bitħa, Triq G. Curmi, Iklin
Registry of the Superior Courts, today 29th October, 2021
Adv. Frank Potelli,LLD.
For the Registar, Civil Courts and Tribunals
1617
By decree given by the Civil Court, First Hall, on the 28th October, 2021, on the application of E. Grech Cristal Bath Limited (C13298) and by request of Jean Louis Mariani (ID 161584M), Thursday, 27th January, 2022, 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, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
1. The house number twenty five (25) named 'Marvic House', Triq Nuzzo, Ħamrun, consisting of a first floor with the roof and its airspace, overlying two (2) garages: with the left one connected and joint as part of the tenement, while the one on the right, when one is looking towards the façade from the street, belongs to third parties. The house is bounded west by land property of Vicmar Construction Limited and east by property of Emanuel Attard or more precise boundaries, subject to annual and perpetual subground rent of thirty Maltese liri (Lm30) equivalent to sixty nine euro and eighty eight cent (€69.88), otherwise free and unencumbered, with all its right and appurtenances, and subject to the right in favour of Eucharist Bajada or his successors in title as the owner of the underlying garage to this house, to open two (2) windows already existing on the backside of the garage, onto the backyard of the said house, which windows however, are to be open in a way that who is in the garage cannot overlook the backyard and valued at five hundred and ninety five thousand euro (€595,000);
2. The penthouse (fourth floor), internally marked number eight (8), forming part of a block without number and named 'Laura Court', in Triq is-Sorijiet tal-Ursolini, corner with Telgħa tal-Gwardamanġa, Gwardamanġa, limits of Tal-Pietà, with the said block being bounded on the west by Triq is-Sorijiet tal-Ursolini, on the South by Telgħa ta' Gwardamanġa and on the north by property of John Mary Cassar or other correct boundaries, including its airspace and the common parts of the block subject to the right of use in favour of individual apartments owners on the said common parts, with all its right and appurtenances and valued at two hundred and sixty five thousand euro (€265,000);
3. Maisonette with the official number one hundred and thirty eight (138) in Triq Parades, with another façade on Triq San Pawl, San Pawl il-Baħar, comprising the roof and its relative airspace, overlying third parties property. The roof is subject to the right in favour of the underlying tenement to affix a water tank and a television aerial and subject to annual and perpetual groundrent of twenty five euro and sixty two cent (€25.62) equivalent to eleven Maltese liri (Lm11), from which four euro and sixty six cent (€4.66) equivalent to two Maltese liri (Lm2) is original revisable groundrent and the balance is annual and perpetual ground rent which can be redeemed at the rate of three per cent (3%) and valued at three hundred and forty thousand euro (€340,000);
4. Garage on the ground floor level, with number eight (8), in Triq it-Tgħam, previously known as Triq il-Mitħna l-Qadima, Mellieħa, built on a portion of land known as 'Tas-Salib' sive 'Ta' Masrija', in Mellieħa, with its airspace, presently built in shell form state, consisting of two (2) apartments and penthouse and valued at eight hundred and fifty thousand euro (€850,000).
The said tenement is the property of V. G. Shutter and Concrete Works Limited (C21877).
N.B. The said tenement will be sold as described in the acts of judicial sales number 63/2019.
Registry of the Superior Courts, this Friday, 29th October, 2021
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
1618
By a decree of the Small Claims Tribunal of the 3rd March, 2021, the publication of the following extract was ordered for the purpose of service on the respondent company Buy Sell Rent Co. Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
ASE Electrical and Plumbing Supplies Limited (C 64865) of 54, Triq L. Mifsud Tommasi, Ħaż-Żebbuġ ZBG 2563, filed a Claim on the 5th February 2021, whereby they asked the Tribunal to condemn Buy Sell Rent Co Limited (C 82396) of BSR Real Estate, St Mary Street, Birżebbuġa, to pay the plaintiff company the sum of €1,479.47, which amount is due to the plaintiff company.
With costs and legal interest
The case (Claim number 38/2021JG) is deferred on the 15th November, 2021, at 12.05p.m.
Registry of the Courts of Magistrates (Malta), today 29th October, 2021
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1619
By a decree of the Small Claims Tribunal of the 16th November, 2020, , 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).
Jurgen Borg (ID 594891M) of 102, Thanks God, Triq Victor Vassallo, Ħ'Attard, filed a Claim on the 10th November, 2020, , whereby he asked the Tribunal to condemn Bryden Azzopardi (ID 104090M) of Ir-Razzett tan-Nuza, Triq Hannibal, Ħ'Attard, to pay the plaintiff the sum of €2,585.70, which amount is due to the plaintiff.
The case (Claim number 267/2020JG) is deferred on the 15th November, 2021, at 12.10p.m.
Registry of the Courts of Magistrates (Malta), today 29th October, 2021
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1620
By a decree of the Small Claims Tribunal of the 7th February, 2020, , 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).
Pullicin Developers Ltd (C40807) of Pullicino House, Plot 104, triq Ħal Mula, Ħaż-Żebbuġ, Malta, filed a Claim on the 5th February, 2020, , whereby they asked the Tribunal to condemn Raymond Cini (ID 469283M) of Tedford, Triq l-Imqaddes, Mġarr, Malta, and/or 9, Flat 1, Misraħ Awrekarja, Blk 2, Bieb A, San Ġwann, to pay the plaintiff company the sum of €1239 which amount is due to the plaintiff company.
With costs and legal interest
The case (Claim number 45/2020JG) is deferred on the 15th November, 2021, at 12.30 p.m.
Registry of the Courts of Magistrates (Malta), today 29th October, 2021
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1621
By means of a decree of the 31st August, 2021, in the records of the judicial letter number 2089/2021, in the names Andrew Briffa et vs John Polidano et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Stephen Mifsud, Franco Mifsud and Maria Polidano in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 21st May, 2021
To: John Polidano
Anthony Polidano
Frances Farrugia
Stephen Mifsud of 14, Triq Ascot, Marsa
Franco Mifsud of 19, triq Borg, Maggiore, Żurrieq
Jane Chircop
Maria Polidano of 8, St Joseph House, Triq il-Ġibjun, Ħal Għaxaq
Edward Polidano
By means of the present letter, Andrew Briffa (ID 505376M) and his wife Antonella Briffa (ID 779M) whilst referring to the public deed in the records of Notary Doctor Jonathan Zammit of the 26th July, 2018, by means of which, together and in solidum between you, sold to the interpellants the farmhouse with official number 38 previously without number in Daħlet il-Mitjar il-Qadim, which road in the past was known as Tal-Kunċizzjoni in the limits of Birżebbuġa, including the field adjacent to it, collectively known as Ta' Landar is-Sultan in the limits of Ta' Landar is-Sultan, with the guarantee that the said farmhouse and field for sale were of total superficial measurement of about 2,320m² or any other greater and more precise measurement as these were being sold with the measurement they have as an entity and not ad mensuram and by means of which you guaranteed in solidum between you the peaceful possession and real enjoyment of the same property, formally informs you for all the effects and purposes of law that they have already been disturbed in the peaceful possession that you guaranteed to them by one of you that is by Edward Polidano together with his wife Stephanie Polidano, who are alleging that part of the land that the interpellant bought from you in fact belongs to them.
The interpellants inform you that in the last days, they have been notified with a case by means of which Edward Polidano and his wife are requesting, partial eviction of the interpellants from the property that you sold and you received the total price (Edward Polidano et vs Andrew Briffa et, Sworn Application Number 84/2021RG) and thus you are being solicited to defend the title that you transferred to the interpellant by means of the said public deed in the records of Notary Doctor Jonathan Zammit of the 26th July, 2018, against this eviction threat.
Finally, the interpellants are informing you that they have already incurred great costs to obtain a development permit on the property they bought from you, and this eviction threat is causing loss and huge damages everyday, for which they are holding your responsible together and in solidum.
This call is being made for all the effects and purposes of law and particularly for the purposes of Article 1422 of the Civil Code whilst reserving all the rights and competent action by the interpellants against you, including for fraud and its consequences if the case may be.
So much so that you may know how to proceed
With costs and interest
Registry of the Superior Courts today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1622
By means of a decree of the 24th June, 2021, in the records of the judicial letter number 4330/2020, in the names Tiziano Construction Limited vs Grands Leisure Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Grands Leisure Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 15th December, 2020,
To Grands Leisure Limited (C68536) of 50, Triq l-Imsida, Gżira, Malta
By means of the present letter, Tiziano Construction Limited (C70115) of Ewropa Business Centre, Level 3-701, Triq Dun Karm, Birkirkara, BKR 9034, Malta, makes reference to the Building Contract covering Construction of Hotel (ex Adelphi Site) dated 6th March, 2018, makes reference also to the letter sent till today, particularly those dated 10th June, 2020, , and 13th July, 2020, , and to the judicial protest filed on the 27th August, 2020, .
The time given to you for the payment due to the interpellant in connection with the execution of the contract above mentioned has lapsed so you are being solicited so that within fifteen days from the notification to you of this judicial act you pay the interpellant the total amount of €1,367,000.00 representing the amount as follows:
a) The amount of €1,300,00.00 representing the balance of value of work carried out (in the amount of €1,080,000.00) and of the material and plant reasonably delivered on site (for the total amount of €220,000.00);
b) The amount of €30,000.00 representing the costs incurred with the result of the obligations and/or liabilities assumed by you and variations requested by you;
c) The amount of €7,000.00 representing the costs in connection with the suspension of the contract of works in question;
d) The amount of €30,000.00 representing 10% of the value of those works that were not carried out till the date of the termination of the contract above mentioned.
Reserving all the costs that the interpellant is still incurring to demobilise from the site, which demobilisation you have continued to resist, notwithstanding that you are obliged to allow it and this in breach of the obligations imposed on you in terms of the contract mentioned above, and at law.
With due reservation further to the contents of the judicial protest filed by the interpellant on the 27th August, 2020.
With further due reservation of any other action available to the interpellants whilst firmly reserving all of its rights.
With costs
Registry of the Superior Courts today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1623
By means of a decree of the 16th October, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1556/2020 in the names No Deposit Cars Malta Limited vs Juri Salvo Munda the following publication was ordered for the purpose of effecting service on the respondent Juri Salvo Munda in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
Today 4th August, 2020,
To Juri Salvo Munda (ID 177509A) of Flat 2, Concorde Building, Triq Ġorġ Borg Olivier, Mellieħa
By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, St Julian's, is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €2,400 (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 18th December, 2019, 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 1 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th December, 2019, and which sum has to date not been paid;
2. Bill of exchange number 2 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th January, 2020, and which sum has to date not been paid;
3. Bill of exchange number 3 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th February, 2020, and which sum has to date not been paid;
4. Bill of exchange number 4 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th March, 2020, and which sum has to date not been paid;
5. Bill of exchange number 5 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th April, 2020, and which sum has to date not been paid;
6. Bill of exchange number 6 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th May, 2020, and which sum has to date not been paid;
7. Bill of exchange number 7 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th June, 2020, and which sum has to date not been paid;
8. Bill of exchange number 8 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 18th July, 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.
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 29th October, 2021
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1624
By means of a decree of the 18th August, 2021, in the First Hall of the Civil Courts in the records of the judicial letter number 1872/2021 in the names Bank of Valletta plc vs Simon Stellini, ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Simon Stellini (ID 321271M) of 143, Flat 2, Triq ir-Rebħa, Gżira, on the 5th May 2021, Bank of Valletta plc (C2833) of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, solicits you so that within two days you pay the amount of €39,645.85, balance of debt in your House Loan Account with Bank of Valletta plc together with further interest from the 15th April, 2021, till the date of effective payment.
The interpellant company warns you that if you fail they shall be constrained to proceed against you judicially according to law.
Registry of the Superior Courts today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1625
By decree given by the Civil Court, First Hall on the 28th October, 2021, on the application of Favell Wines & Spirits Limited with the registration number C37343, Wednesday, 19th January, 2022 at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held at number seventeen 17, Triq id-Dejqa, 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, 29th October, 2021
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
1626
Banns for Curators
Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 11th October, 2021, following a request of Alfred Raimondo et it was ordered that deputy curators be chosen to represent the heirs of the late Mary Carmen sive Carmen Thomas in the records of the Application 1086/2020 MH, in the names Alfred Raimondo et vs Deputy Curators and in the other relative and subsequent acts.
By means of an application, filed, in the Civil Court First Hall, in the names Alfred Raimondo (ID 117752M), Anthony Raimondo (ID 859947M), Emanuel Raimondo (ID 27645M), Joseph Raimondo (ID 406946M) and Theresa Raimondo (ID 11450M) vs deputy curators to represent the unknown heirs of Mary Carmen sive Carmen Thomas, and James Thomas, Maria Therese Stokes, Cristina Alison Rowlands and Laura Jane Thomas for any interest which they may have on the 18th November, 2020, the applicants Alfred Raimondo (ID 117752M), Anthony Raimondo (ID 859947M), Emanuel Raimondo (ID 27645M), Joseph Raimondo (ID 406946M) and Theresa Raimondo (ID 11450M) requested this Honourable Court that:
That the applicants together with the unknown heirs of their late sister Mary Carmen sive Carmen Thomas, are co-owners of the house marked with the official number 7, in Anthony Agius Street, previously New Street, Floriana, including the underlying cellar and the small yard or shaft forming an integral part of the same house, with all its rights and appurtenances, including the overlying airspace and the sub-terrain, subject to the apartment servitudes which are in situ, tale quale (hereunder referred to as the Property);
That all the applicants except the respondents, agreed as to the sale of the whole share of the above described Property in favour of the company St Ursula Limited (C46933) and for this purpose they signed on a promise of sale dated 3rd July, 2020, before Notary Malcolm Mangion, whereby they declared that they were signing such promise of sale in terms of Article 395A of the civil Code and which promise of sale also contains the terms and conditions of the sale, a copy of which is hereby attached and marked as Document AF16;
That they have been co-owners of the Property for more than 3 years. The co-ownership between them started from the date of death of the applicants mother, Maria Ramondo who is also the mother of the late Mary Carmen sive Carmen Thomas. Maria Raimondo passed away on the 3rd March 2001 and this as results from a copy of the death certificate attached and marked Document AF1;
That the Property originally was acquired by Lawrence Raimondo during his marriage to Maria Raimondo, by virtue of a contract published in the records of Notary Antonio Carbonaro dated 26th October, 1962, as results from a copy attached and marked as Document AF2;
That Lawrence and Maria spouses Raimondo got married on the 25th June, 1939, as results from a copy of the marriage certificate attached and marked as Document AF3;
That from the marriage between Lawrence and Maria spouses Raimondo, they had six (6) children, that is, the applicants and Mary Carmen sive Carmen Thomas;
That Lawrence Raimondo died on the 6th February, 1973, as results from a copy of the death certificate attached and marked as Document AF4. Lawrence Raimondo died intestate as results from the public testamentary searches (copy attached and marked as Document AF5) and from secret searches (copy attached and marked as Document AF6). By means of a decree granted by the Civil Court (Voluntary Jurisdiction Section) on the 12th October 2017 copy here attached and marked as Document AF7 the succession of the late Lawrence Raimondo was declared open in favour of the applicants in the quota of one sixth (1/6) undivided share each and also in favour of the heirs of the late Mary Carmen sive Carmen Thomas, in the quota of one sixth (1/6) undivided share as well;
That Maria Raimondo died on the 3rd March, 2001 (vide Document AF1) and as results from the public testamentary searches (Document AF8) and secret searches (Document AF9) the will that regulates the succession of Maria Raimondo is that dated 9th July, 1990, in the records of Notary Clyde La Rosa hereby attached and marked as Document AF10 by virtue of which will, she bequeathed by title of pre-legacy to her daughter the applicant Theresa Raimond, her hsare that is half (1/2) undivided share of the Property ad nominated as here universal heirs, her children, the applicants and the late Mary Carmen sive Carmen Thomas. The pre-legacy bequeathed by Maria Raimondo to her daughter was bequeathed subject to the condition that she keeps taking care of her till her date of death. That as results from the affidavit which is attached and marked as Document AF11 this condition was satisfied;
That by a deed of declaration causa mortis and vesting of possession in the records of Notary Sandro Schembri Adami of the 14th June, 2001, copy hereby attached and marked as Document AF12 and by means of another act dated 24th January, 2018, in the records of Notary Elisa Falzon (copy hereby attached and marked as Document AF13) succession duty was paid on the half (1/2) undivided share of the Property and the applicants and the late Mary Carmen sive Carmen Thomas vested the applicant Theresa Raimondo in the full possession of the legacy of the half (1/2) undivided share of the property;
That as results from the death certificate of the late Mary Carmen sive Carmen Thomas copy hereby attached and marked as Document AF14 she used to reside in Worcestershire, England, she was married to the respondent James Thomas and she died on the 17th April, 2015;
That the applicants are aware that their sister, the late Mary Carmen sive Carmen Thomas had three (3) children, that is the respondents, Maria Therese Stokes, Christina Alison Rowlands and Laura Jane Thomas. However, as explained in the affidavit of the applicant Theresa Raimondo (attached and marked as Document AF15) the children and husband of the late Mary Carmen sive Carmen Thomas did not provide them with the grant of representation in order to be confirmed whether the deceased made a will in England. Moreover from said communications, it was resulted that some of the respondents do not even possess a passport or other identification document, by means of which their identity can be confirmed. Therefore the applicants are not in a position to identify the heirs of the late Mary Carmen sive Carmen Thomas and they have no means to do so;
That since the applicants are aware of the existence of the respondents James Thomas, Maria Theresa Stokes, Cristina Alison Rowlands and Laura Jane Thomas, they have filed these proceedings in their respoect as well, for any interest which they may have;
That to date, none of the owners initiated an action before any court or other tribunal for the partition of the property;
That all the applicants agreed on the sale of the property except for the defendants;
That the majority of the co-owners that is all the co-owners except for the respondents have reached an agreement so that the Property is sold in favour of the company St Ursula Limited (C46933) at the price of €140,000.
Therefore, subject to any declaration which may be deemed necessary and opportune by this Court, applicants solemnly demand that, for the above mentioned reasons, this same Court:
1. Aurthorises and orders that the sale of the house marked with the official number 7 in Triq Anthony Agius previously New Street, Floriana, including the underlying cellar and the small yard or shaft forming an integral part of the same house, with all its rights and appurtenances, including the overlying airspace and the subterrain, subject to the apparent servitudes which are in situ, tale quale, as better described in the promise of sale agreement dated 3rd July, 2020, and according to the terms and conditions therein contained; and
2. Authorises and orders the execution of any public deeds and/or declarations and/or accessory deeds to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled including but not limited to the publication of any causa mortis declaration required at law; and
3. Sets a day, time and place where the transfer of the immovable as per terms of the promise of sale agreement or alternatively as per conditions imposed by this Honourable Court, can take place, and if necessary, whichever other public deeds and/or declarations and/or accessory acts to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled; and
4. Nominates Notary Malcolm Mangion or another notary to publish the relative public deed and any other public deeds and/or declarations and/or accessory acts to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and enrolled; and
5. Nominates deputy curators, if the case will require from amongst the co-owners themselves, to represent whoever from the co-owners fails to appear before the Notary for the final deed of sale and transfer and/or any other ancillary deed that may be required.
With costs against the respondents
Applicants: Alfred Raimondo,18, Saint Sebestian Street, Valletta
Anthony Raimondo, 54, Triq l-Imħażen, Floriana
Emanuel Raimondo, Block 3, Flat 7, Triq il-Fosos, Floriana
Joseph Raimondo, 19, Triq Dun Mikiel Xerri, Żebbuġ
Theresa Raimondo, 19, Pjazza Sir Luigi Preziosi, Floriana
Respondents: Deputy Curators
James Thomas, 21, Willowfield Drive, Kidderminster, Worcestershire, DY11 5DD, England
Maria Theresa Stokes, Riverview, Penyrachor, Aberystwyth, Ceredigion SY23 IBJ, England
Cristina Alison Rowlands, 9 Redcar Close, Catshill Bromsgrove Worcestershire B61 ORR, England
Laura Jane Thomas, 6, Prospect Road, Stourport on Severn, Worcestershire, BY13 9DE, England
You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned,
with the witness of the Hon. Mr Justice Robert G. Mangion LLD, Doctor of Laws.
Today 11th October, 2021
Registry of the Superior Courts, today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1627
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd September 2021, Application number 1597/2021, by Carmelo Agius et whereby they requested that it will be declared open in favour of Carmelo Agius, brother of the decujus in the quota of two parts of five (2/5) undivided share; in favour of Carmelo sive Charles Agius, Philip Agius, Saviour Agius and Angelo Joseph sive Lino Agius children of the late Joseph sive Giuseppe Agius the latter brother of the decujus in the quota of one part of twenty (1/20) undivided share each one of them; in favour of Edwin-Joseph Spiteri and Charlot-Anthony Spiteri children of the late Consiglia Spiteri the latter sister of the decujus in the quota of one tenth (1/10) undivided share each one of them and in favour of Marlene Schembri daughter of the late Antonio Agius the latter brother of the decujus in the quota of one fifth (1/5) undivided share the succession of Father Alfred Agius, bachelor, son of Angelus sive Angelo Agius and Carmela Agius née Debattista, born in Ħaż-Żebbuġ, Malta, resided in Ħaż-Żebbuġ, Malta, and died in Ħal Luqa, Malta, on the 25th November, 2020, aged 70, and who held identity card number 053095M.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1628
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th October 2021, Application number 1662/2021 by Doris Barbara et whereby they requested that it will be declared open in favour of Doris Barbara, Charles Cassar and William Cassar, children of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Sandro Cassar and Katerina Gauci children of the late George Cassar the latter son of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Giuseppe Cassar, widower of Rita née Rogers, son of the late Giorgio and Carmela née Cassar, born in Tas-Sliema, Malta, resided in St Julian's and died in Msida, Malta, on the 28th November, 2020, aged 101, and who held identity card number 9519M.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1629
By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 22nd September, 2021, Application number 1568/2021, by Rosaria Maria sive Rosemarie Cachia, whereby following the application Alfred Cachia, husband of Rosaria Maria sive Rosemarie Cachia, son of the late Giuseppe Cachia and Dolores Cachia née Aquilina, born in Tas-Sliema on the 7th February, 1939, aged 82, holding identity card number 171439M, was interdicted from all the acts of the civil life by means of a decree given on the 12th October, 2021.
Registry of the Civil Court (Voluntary Jurisdiction Section)
Today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1630
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th October, 2021, Application number 1670/2021, by Suzanne Marie Satariano et whereby they requested that it will be declared open in favour of the Suzanne Marie Satariano, Wayne Satariano and Lee Satariano in equal shares between them the succession of their mother Evellina sive Evelyn Satariano, widow of Arthur Satariano, daughter of the late Joseph Debono and Doris Debono née Gaunt, born in Tas-Sliema, Malta, resided in Tas-Sliema, Malta, and died in Tas-Sliema, Malta, on the 2nd June, 2020, aged 75, and who held identity card number 0093945M.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1631
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 15th September, 2021, Application number 1562/2021, by Notary Daniela Aquilina whereby she requested that it will be declared open in favour of Mary Schembri the succession of her husband Eric Schembri, husband of Mary Schembri née Portelli, son of the late Giorgio Schembri and Carmela née Spiteri, born in Tas-Sliema, Malta, resided in Ta' Xbiex, Malta and died in Msida, Malta, on the 12th June, 2021, aged 88, and who held identity card number346333M.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1632
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th July, 2021, Application number 1178/2021, by Stephen Muscat Azzopardi whereby he requested that it will be declared open in favour of the same Stephen Muscat Azzopardi, husband 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 Kai Albert Muscat Azzopardi son of the decujus the succession of Sabrina Muscat Azzopardi née Gatt, wife of Stephen Muscat Azzopardi, daughter of the late Albert Gatt and Philippa Gatt née Borg, born in St Julian's, Malta, resided in Ħal Għargħur, Malta, and died in Msida, Malta, on the 25th January, 2021, aged 41, and who held identity card number 0114880M.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1633
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st August, 2021, Application number 1464/2021, by Kanjana Pearson whereby she requested that it will be declared open in favour of the same Kanjana Pearson 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 Jordan James Pearson son of the decujus the succession of Gregory James Pearson, husband of Kanjana Pearson née Thanthongdee, son of David Mark Pearson and Patricia Pearson née Brattain, born in Toronto, Ontario, Canda, resided in Isla, Malta, and died in Isla, Malta, on the 23rd February, 2021, aged 55, and who held Canadian passport number HM 668902.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1634
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th October 2021, Application number 1665/2021, by Hans Ingvar Bonde Dahlberg et whereby they requested that it will be declared open in favour of Hans Ingvar Bonde Dahlberg brother of the decujus in the quota of one third (1/3) undivided share; in favour of Anna Karolina Fagerblad, Cecilia Elisabeth Dahlberg and Ulrika Marianne Dahlberg nieces of the decujus in the quota of one third (1/3) undivided share between them and in favour of Lars Anders Dahlberg and Marie Christina Dahlberg nephew and niece of the decujus in the quota of one third (1/3) undivided share between them the succession of Nils Gunnar Bonde Dahlberg, bachelor, son of Nils Bonde Dahlberg and Berta Petronella Dahlberg née Persson, born in Kristianstad, Sweden, resided in Birgu, Malta and died in Uppsala, Sweden, on the 1st May, 2020, aged 79, and who held Swedish passport number 85893597.
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 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
1635
Banns for Curators
Republic of Malta
To the Marshall of the Court.
By means of a decree given by this Court, on the 18th August, 2021, following a request of Salah Hani Hassan Naji et it was ordered that deputy curators be chosen to represent the Yousef Mohammed Khaleel Al Hiroub in the records of the Application 354/2021GM, in the names Salah Hani Hassan Naji et vs Deputy Curators and in the other relative and subsequent acts.
By means of an application, filed, in the Civil Court First Hall, in the names Hani Hassan Naji Salah (Jordanian Passport number Q049292), Sadeen Malta Holding Limited (C71313) and Sadeen Education Investment Limited (C5576) vs Advocate Dr Stephanie Abela (ID 098190M) and Advocate Dr Vincent Micallef (KI 407075M) for and on behalf of Yusef Mohammed Khaleel Al Hiroub (Jordanian Passport number P663216) on the 20th April 2021, the applicants Hani Hassan Naji Salah (Jordanian Passport Number Q049292) et and Raied Fawzi Ebaid (ID 175810A) director of the applicant company as duly authorised confirmed on oath:
1. That by means of a judicial letter dated 23rd March 2021, bearing reference number 1121/21 the respondents nomine stated that their mandatory Yousef Mohammed Khaleel Al Hiroub, is a creditor of the applicant as allegedly he failed to pay the applicant for various services rendered by him to the applicant between November 2018 and June 2020 (copy of the judicial letter here attached and marked as Doc A);
2. That no amount claimed by the respondent is due by any of the applicants;
3. That therefore, the respondent's claim is frivolous and vexatious and intended solely to create undue pressure and without factual and legal basis on the applicant;
4. That the applicants have every interest in exonerating themselves immediately from this unfounded, frivolous and vexatious claim of the respondent;
5. That therefore, the applicants are instituting these proceedings in terms of Article 403 et sequitur Cap. 12 of the Laws of Malta;
6. That the applicant is aware of these facts personally.
Therefore, in view of the above, the applicants humbly request that this Honourable Court, subject to any declaration and or necessary direction, in terms of Article 403 et sequitur of Cap. 12 of the Laws of Malta:
1. Fix a period of not more than three (3) months for the respondent to bring forward his claim as contained in the judicial letter number 1121/2021;
2. Declare that in the event that the respondent does not put forward his claim in the time fixed by this court, he is condemned to perpetual silence and acordingly, he is prohibited from acting against the applicants for the claim mentioned above.
With costs against the respondent who is from now summoned so that a refereence to fhis evidence be made and subject to any further action due to the applicant for any damages incurred by it as a result of the respondent's false claim.
Applicants: Hani Hassan Naji Salah, Gateway Building, Dom Mintoff Street, Dock No. 1, Bormla; Sadeen Malta Holding Limited, Gateway Building, Dom Mintoff Street, Dock No. 1, Bormla
Sadeen Education Investment Limited, Building, Triq Dom Mintoff, Dock No. 1, Bormla
Respondents: Deputy Curators
The application in the names Salah Hani Hassan Naji et vs Advocate Dr Stephanie Abela et (Application number 354/202IGM) is postponed for hearing for the 25th November, 2021, at 10.30 a.m.
You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca LLD, Doctor of Laws.
Today 18th August, 2021
Registry of the Superior Courts, today 29th October, 2021
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1636
By means of a decree given, by the Civil Court First Hall, on the 26th October. 2021, in the records of the Warrant of Prohibitory Injunction in the names Diane sive Diana Busuttil, married Bajada against Vicarist Limited (C6404), Warrant number 1472/21 TA, the following publication was ordered for the purpose of service of the company Vicarist Limited, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, filed, in the Civil Court First Hall (Applicant) Diane sive Diana Busuttil married Bajada (ID 267167M) against (Respondent) Vicarist Limited (C6404) on the 1st October, 2021, the applicant Diane Sive Diana Busuttil married Bajada (ID 267167M) respectfully pleaded:
That the interpellant has an interest to safeguard her rights;
That the interpellant in order to safeguard her rights wishes to withold the respondent company from,
in any manner the respondent company Vicarist Limited registered with the Registrar of Companies with number C6404, postal address (47) Casa Maria, Sir Michelangelo Refalo Avenue, Ħal Balzan, Malta, from issuing in any manner in order that there be acquired more shares or in any manner there be converted debts or loans in more shares to the shareholders or third parties in the same company and from transferring the assets it has including the immovable property consisting in two divided and contiguous portions from the land denominated 'Taż-Żebbiegħ' in the same vicinity limits of Mġarr, Malta, known as plot 14B and the portion no 15, of the superficial area of (4408m.k.) and the portion 16 of the superficial area of (9374m.k.) and one half undivided of the building consisting in a block with its airspace as described in the application without number with the name 'Ave Maria' in Triq l-Omnibus, Santa Venera,
Whereas Diane Bajada, married the deceased Eucharist Bajada on the 24th April, 1993, and subsequently in July 2016, separation proceedings were commenced that Eucharist Bajada died during the separation proceedings, which cause is still going on, and deferred for judgement,
That despite the Court Order which prohibited Eucharist Bajada from transferring or in any way disposing of his shares in the respondent company these shares were transferred on his mother's name Maria Bajada,
… omissis …
Whereas there is the real fear that the companies disposes of the shares or in any manner weakens their value by transferring the properties to third parties including the companies it is necesary that the respondent company be prohibited from disposing, weaking, aggravating, hypothecating, granted on debt or alienating the same shares or their value.
Thus, for the reasons premised and in security of its same rights the interpellant humbly prays this Honourable Court to issue an Order of Prohibitory Injunction against the company Vicarist Limited, duly registered with the Registrar of Companies with number C6406 for the properties above mentioned and as described in this Warrant of Prohibitory Injunction against the company Vicarist Limited, duly registered with the Registrar of Companies with number C 6406 for the properties mentioned and as described in this Warrant of Prohibitory Inunction.
With costs, against the respondent company and saving any further action due to the interpellant.
That the interpellant shall be prejudiced if the respondent is not witheld as stated,
Thus, the interpellant humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction in order that he be witheld from carrying out the things above mentioned.
Today 1st October, 2021
Confirmed before me under oath and in the presence of as witness of identity.
Warrant of Prohibitory Injunction
Republic of Malta
Court Warrant
To the Court Marshall
Whereas the above application was presented and there recur the necessary elements according to law for the under mentioned order.
And after doing this or if you encounter any difficulty in the execution of this Warrant you are to inform this Court fortwith.
Given by the Civil Court (Family Section) with the witness of the Hon. Mr Justice Toni Abela, LLD. Doctor of Law.
The Application Warrant of Prohibitory Inujunction in the names Diane sive Diana Busuttil vs Vicarist Limited, Warrant number 1472/21/1 TA, has been deferred for hearing to the 4th November, 2021, at 11.45 a.m.
Applicant: Diane Bajada, Villa Diana, Triq il-Belt, Valletta, Mosta
Respondent: Vicarist Limited, 47, Casa Maria, Sir Michelangelo Refalo, Avenue, Ħal Balzan
Execution: Director Public Registry, Triq id-Dejqa, Valletta
Director Public Registry Onda Building, Triq Aldo Moro, Marsa
Registrar of Companies- AM Business Centre, Triq il-Labour, Żejtun
Land Registrar, 116, Triq il-Punent, Valletta
Registrar of the Superior Courts, today 1st November, 2021
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
1637
By means of a decree given, by the Civil Court (Family Section) on the 15th July, 2021, in the records of the Application in the names Alexandra Mc Monagle vs Mario Mamo, Application number 265/21 AGV, the following publication was ordered for the purpose of service of the respondent Mario Mamo, 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 Alexandra Mc Monagle ID 16363M vs Mario Mamo (ID 667757M), on the 23rd June, 2021, the applicant Alexandra Mc Monagle asked this Honourable Court to declare that her marriage with Mario Mamo is dissolved and that the parties are divorced for all purposes of law.
The Application in the names Alexandra Mc Monagle vs Mario Mamo, Application number 265/21 AGV, has been deferred for hearing to Wednesday, 3rd November, 2021, at 9.00 a.m.
Notify respondent: Residence Mount Carmel Hospital, Triq Notabile, Ħ'Attard
Registry of the Civil Courts (Family Section), today 1st November, 2021
Adv. Frank Portelli LLD
For the Registrar, Civil Courts and Tribunals
1638
By a decree given on the 28th October, 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 decree given by the Civil Court, First Hall on the 28th July, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 16th November, 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 Justice, 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, 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. 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 Monday, 1st November, 2021
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
1639
Notice, Registry of the Civil Court, First Hall
Whereas Jessie Caruana (ID 214055M) filed an application (No 971/2021JVC) demanding the Correction of Her Act of Public Registry No. 749/2013 and that of Adrian Carl Caruana No. 3547/1998 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Registry of the Superior Court,
Today 1st November, 2021
Karen Falzon
For Registrar, Civil Courts and Tribunals
1640
Notice, Registry of the Civil Court, First Hall
Whereas Stella Maria Hamilton de Berniere (ID 78074A) filed an application (No. 1014/2021JVC) demanding the Correction of The Act of Birth No. 4515/2013 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Registry of the Superior Court,
Today 1st November, 2021
Karen Falzon
For Registrar, Civil Courts and Tribunals
1641
Notice, Registry of the Civil Court, First Hall
Whereas Iouri Nikolayevich Gouchtchine (ID 234818L) filed an application (No. 1024/2021JVC) demanding the Correction of the Correction of the Act of Public Registry No. 2348/2018 in the Public Registry.
Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.
Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.
By order of the Court,
Registry of the Superior Court,
Today 1st of November, 2021
Karen Falzon
For Registrar, Civil Courts and Tribunals
1642
By decree given by the Civil Court, First Hall on the 1st November, 2021, on the application of G. A. International Trading Limited (C15157), Tuesday, 14th December, 2021, at noon (12.00 p.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:
Apartment number four (4), Block A, forming part of the unnumbered block of apartments named Highrise Apartments, Triq l-Imradd, formerly Triq il-Knisja, Ta' Xbiex, situated on third floor level, with perpetual, non-revisable ground rent of one hundred and sixteen euro and forty seven cent (€116.47) yearly, with right of usage and access to the common area and the roof, bounded on the south by said street, on the east with property of Highrise Limited and Alga Enterprises Limited and in part by property of Stilon Manduca & Company Limited and north by property of the Stilon family or their successors in title and is valued at three hundred and twenty thousand euro (€320,000).
The said tenement is the property of Boris Vladimirocih Onoprienko with Russian passport number 1817327878 and previous identity card holder number 16715A as represented by Antonia Hindley.
N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2020.
Registry of the Superior Courts, this Monday, 1st November, 2021
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals