gov.mt

CourtNotices2311

23/11/2021

Court Notices published in Govt. Gazette no 20,740 of 23rd November 2021

 

1760

 

By means of a decree of the 8th October, 2021, of the Rent Regulation Board, in the records of the Application in the names Maria Celina Benn vs Emanuel Dalli et, Application number 345/2021MV, the following publication was ordered for the purpose of effecting service on the respondents Emanuel Dalli and Doris Dalli 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 Maria Celina Benn (ID 69763M) vs Emanuel Dalli (ID 832430M), Doris Dalli (ID 688336M) and Housing Authority filed in the Rent Regulation Board, on the 15th July, 2021, the applicant Maria Celina Benn requested this Honourable Board to find why it should not:

 

1. Order that the means test of Emanuel Dalli (ID 832430M) and Doris Dalli (ID 688336M) be carried out and this in terms of Act XXIV of 2021 which test shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and it has to be with particular reference, inter alia, to regulations 4 till 8 of the Rules of the Continuation Tenancies (Criteria of the Means Test) that has to be applied mutatis mutandi in this case;

 

2. Declare and decide that in terms of Act XXIV of 2021, the rent of the premises 121, Triq Atocia, Ħamrun, shall be revised to an amount not exceeding 2% of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

 

3. Order and condemn the respondents Emanuel Dalli (ID 832430M) and Doris Dalli (ID 688336M) to start paying such increase in rent in terms of Act XXIV of 2021 with effect from the date of filing of this application;

 

4. Orders, that in case the respondents Emanuel Dalli (ID 832430M) and Doris Dalli (ID 688336M) does not satisfy the criteria of the income and capital of the means test, the eviction from the premises in question, within a short and peremptory time established by this Bord and by not later than two years from the 1st June, 2021.

 

With costs against the respondents who are from now summoned so that a reference to their oath be made and without prejudice to any other action that may eventually be filed.

 

Applicant: 5, Triq Massimiliano Debono, Ħal Lija.

 

Respondents: Emanuel Dalli and Doris Dalli, 121, Triq Atocia, Ħamrun

Housing Authority

 

The application in the names Maria Celina Benn vs Emanuel Dalli et, Application number 345/2021MV, has been postponed for hearing to the 30th November, 2021, at 11.20 a.m.

 

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

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1761

 

By means of a decree of the 30th September, 2021, of the Rent Regulation Board, in the records of the Application in the names Spinney Ltd vs Christie Farrugia, Application number 134/2021JD, the following publication was ordered for the purpose of effecting service on the respondent Christie Farrugia 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 Spinney Ltd (C83510) vs Christie Farrugia (PB1188328) filed in the Rent Regulation Board, on the 28th May, 2021, the applicant Spinney Ltd requested this Honourable Board to find why it should not:

1. Declare that the respondent failed to pay the monthly rent for the month of December 2020 in the amount of €1,150;

 

2. Declare that the respondent failed to inform the applicant company with the termination of the lease at lease one month in advance by means of a registered letter as requested by Article 11(1)(a) of the Private Residential Leases Act (Cap. 604 of the Laws of Malta:

 

3. Declare that the respondent is to pay the rent for the month of January 2021 in the amount of €1,150;

 

4. Declare that the respondent failed to pay the difference in the water and electricity bill that accumulated during the lease, in the amount of €683.30 or any other amount due as for the water and electricity bills;

 

5. Declare the respondent debtor of the applicant company in the amount of €2,983.30 or any other amount;

 

6. Order the respondent to pay the total amount of €2,983.30 or any other amount;

 

7. Declare that the respondent made several damages to the property of the applicant by means of which the respondent lost the right for the refund of the deposit paid by her;

 

8. Liquidate the damages caused by the respondent;

 

9. Order that the respondent to pay the damages liquidated by this Honourable Board to the extend that they exceed the deposit given by the respondent.

 

With costs including the costs of the judicial letter 166A number 49/2021 and with interest till the date of effective payment.

 

Applicant: 35, Bonheur, Triq il-Kuċċard, Kappara, San Ġwann

Respondent: 8, Pepprina, Triq Mons. Alfredo Mifsud, Pembroke

 

The application in the names Spinney Ltd vs Christie Farrugia, Application number 134/2021JD, has been postponed for hearing to the 9th December, 2021, at 9.15 a.m.

 

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

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1762

 

By means of a decree of the 22nd October, 2021, of the Rent Regulation Board, in the records of the Application in the names Alex Bonnici vs Anthony Bezzina et, Application number 337/2021MV, the following publication was ordered for the purpose of effecting service on the respondent Anthony Bezzina 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 Alex Bonnici (ID 0083168M) vs Anthony Bezzina (ID 399842M) and Housing Authority filed in the Rent Regulation Board, on the15th July, 2021, the applicant Alex Bonnici (ID 0083168M) et requested this Honourable Board why it should not:

 

1. Order that the means test of the respondent Anthony Bezzina (ID 399842M) in terms of Act XXIV of 2021, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and which means test has to be carried out with particular reference, inter alia to the regulations 4 till 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

 

2. Declare and decide that in accordance with Act No XXIV of 2021, the rent of the premises 104, Triq San Filippu, Birżebbuġa shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

 

3. Order and condemns the respondent Anthony Bezzina (ID 399842M) start paying the said increased rent in terms of Act XXIV of 2021 with immediate effect from the date of the filing of this application;

 

4. Orders that in the event that the respondent Anthony Bezzina (ID 399842M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June 2021.

 

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

 

Applicant: 17, Triq il-Lewz, Gudja

Respondent: Anthony Bezzina, 104, Triq San Filippu, Birżebbuġa

Housing Authority

 

The application in the names Alex Bonnici vs Anthony Bezzina et, Application number 337/2021MV, has been postponed for hearing to the 30th November, 2021, at 11.00 a.m.

 

Registry of the Superior Courts, today 19th November 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1763

 

By a decree of the Small Claims Tribunal of the 5th October, 2021, 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).

 

By means of an application in the names Brian Camilleri (ID 350076M) vs Victor Gauci (ID 461568M) et Claim No 305/2017SFJ filed on the 15th February, 2021, the plaintiff respectfully stated:

 

That in the acts presented by him it is necessary to correct certain errors, as follows:

 

That in the notice of the request on the first page in the part 'When? Say when this happened' and on the third page in the actual demand, the words May/June 2016 are not precise and need to be changed to April/May;

 

That such a change per se in no way alters the substance of the action nor does it prejudice or affect the defence of the defendant Victor Gauci and the defendant company and namely, the third party called into suit, VG Shutter and Concrete Works Limited;

 

That while the two defendants have pleaded prescription, (which as will be argued, does not result), the above change as requested with a more precise time and with a reversal of time of the issue in question by one month referring to the period when the plaintiff executed the second works in a site in Ta' Giorni, per se, cannot have a negative effect on the defence of prescription. Such a negative effect could possibly occur if the requested change is for a period subsequent to that originally indicated in the request and not for a previous period as in the case;

 

That in so far as the other defence which is similar for both defendants, that on the merits, the amount is not due, it also cannot suffer any prejudice with such a change;

 

That finally in the affidavit (Doc. BC) of the applicants in paragraph 13 the month of February referring to when the judicial letter Doc. BC 3 was filed is wrong and needs to be changed to March as after all results from the same letter.

 

The applicant therefore humbly requests that the Tribunal, in terms of article 175(1) of Cap. 12 of the Laws of Malta, orders and authorizes the above changes to be made by the words indicated in bold and underlined and all this under such further orders and conditions as the Tribunal may deem fit.

 

Applicant: Bohemia, Triq l-Indipendenza, Ħaż-Żebbuġ, Malta

 

 Notication: Victor Gauci (ID 461568M), 37, Triq Tal-Brag, Mellieħa

 

V.G. Shutter and Concrete Works Limited (C21877), 37, Triq Tal-Brag, Mellieħa

 

The Tribunal orders the notification of this application to the counterparts who have two days from the date of notification to file a reply .

 

The case (Claim number 305/2017SFJ) is postponed to the 1st December, 2021, at 1.00 p.m.

 

Registry of the Courts of Magistrates (Malta), today 19th November, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

1764

 

By a decree of the Small Claims Tribunal of the 4th August, 2021, 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).

 

Deloitte Services Limited (C51320) of Deloitte Place, Triq l-Intornjatur, Zone 3, Central Business District, Birkirkara CBD 3050 filed a Claim on the 21st July 2021, whereby they asked the Tribunal to condemn Horus Europe Holdings Limited (C 72203) of 171, Triq l-Ifran, Valletta, to pay the plaintiff company the sum of €2271.50, which amount is due to the plaintiff company.

With costs and interests

 

The case (Claim number 210/2021SFJ) is deferred on the 1st December, 2021, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 19th November, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

1765

 

By means of a decree given, by the Civil Court First Hall, on the 9th June, 2021, by this Court (MH) in the records of the Warrant of Prohibitory Injunction, in the names Patrick Cachia vs Glen Cachia, Warrant Number 768/2021/1 MH, the following publication was ordered for the purpose of service of the respondent Glen Cachia, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application, presented, in the First Hall Civil Court , in the names (Applicant) Patrick Cachia (ID 179954M) vs Glen Cachia (ID 448693M) on the 21st May, 2021, the applicant Patrick Cachia, respectfully pleaded:

 

That the interpellant in order to secure his rights wishes to hold the respondent from transferring, selling, alienating or disposing inter vivos both by onerous or gratuitous title the property without official number and without name but internally marked with number 6, Shishman Court, in Triq il-Witja, Ħal Tarxien, and the underlying garage marked with number 4 which is situated at semi-basement level of the same block and this since the plaintiff obtained a judgement with number 735/17 TA, on the 18th May, 2021, whereby the respondent was condemned to pay the amount of (€90,000) (ninety thousand euro) (Doc. A);

 

That the interpellant shall be prejudiced if the respondent is not withheld 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 withheld from carrying out the acts above mentioned.

 

Today 21st May, 2021

 

Confirmed before me by oath after I read its contents and in the presence of

 

Warrant of Prohibitory Injunction

 

Republic of Malta

 

To the Marshall of the Court

Whereas the above warrant was presented and there recur the elements required by 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 forthwith.

 

Given by the Civil Court First Hall by the Honourable Madam Justice Miriam Hayman, LLD.

 

The Application Warrant of Prohibitjory Injunction in the names Patrich Cachia vs Glen Cachia, Application Warrant number 768/2021/1 MH, has been deferred for hearing to the 15th December, 2021, at 9.00 a.m.

 

Notify Respondent: 48, 'Honey Bun', Flat 5, Triq il-Kapuċċini, San Ġwann

 

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

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

1766

 

By decree given by the Civil Court, First Hall on the 18th November, 2021, on the application of Bank of Valletta plc (C2833), Tuesday, 22nd March, 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:

 

The tenement named “La Cucina di Bettina" Restaurant, officially numbered five (5), in Triq Congreve, Qrendi limits of Żurrieq, consisting from the groundfloor level and underground level, with the airspace situated over the kitchen on the side facing Triq il-Madonna tar-Rużarju is included with the property, free and unencumbered, with all its rights and appurtenances, free from any rights and with guaranteed vacant possession, currently leased to third parties according to agreement dated twentieth February, two thousand and twenty one (20.02.2021) and with the lease expiring on the first October, two thousand and twenty eight (01.10.2028) and is valued at two hundred and sixty five thousand euro (€265,000).

 

The said tenement is the property of Ta' Bettina & Co. (P 1209).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 64/2019.

 

Registry of the Superior Courts, this Friday, 19th November, 2021

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

 

 

1767

 

By means of a decree of the 12th July, 2021, in the records of the judicial letter number 110/2021, in the names United Acceptances Finance Ltd vs Daniel Ellul Sullivan 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 Daniel Ellul Sullivan (ID 45671M) of Ashburton Grove, Fl 3, Triq it-Torri Gauci, Naxxar, and/or 2, Triq id-Dalja, Swieqi, u Faith Georgina Ellul Sullivan (ID 37545A) of'Ashburton Grove Fl3, Triq it-Torri Gauci, Naxxar, and/or 36 Doulton Court, Maisonette B, Triq Dun Franġisk Sciberras, Mellieħa, on the 14th January 2021, United Acceptances Finance Ltd (C360) of Mizzi House, National Road, Blata l-Bajda, refers to twenty two (22) bills of exchange from the account number 0303010005 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 39 to 60.

 

The interpellant calls upon so that within two day you pay the sum of €14,439.17 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 19th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

1768

 

By means of a decree of the 20th January, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1437/2020 in the names J. Zammit Limited vs Victor Degabriele the following publication was ordered for the purpose of effecting service on the respondent Victor Degabriele in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 29th July, 2020

 

To Victor Degabriele (ID 191384M) of Wigam, Flat 3, Triq Apap Bologna, Marsaskala

 

By the present J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, makes reference to the bill of exchange signed and accepted by you, numbered 54 till 59 copy of which is here attached with this judicial letter, and because these bills of exchange that had to be paid on the 13th of the month that is between the 13th February 2020 and 13th July, 2020, respectively, but remained unpaid although a long time passed, and although you were solicited several times, solicits you so that within two days from the notification of the this judicial letter you pay the interpellant company the amount of €790.26 representing  the value of the said bills of exchange, which bills of exchange were signed and remained unpaid.

 

The interpellant company warns you that if you fail to abide with the above mentioned it will proceed with the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.

 

For all the effects and purposes of law, you are warned that in terms of article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the date of notification of this judicial letter you file an application to oppose the execution of the said bills of exchange because the signature on the bills of exchange is not yours or for other grave and valid reasons.

 

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

 

With costs, including the costs of this present against you and with legal interest from the date of each bill of exchange till the date of effective payment.

 

This judicial letter is being sent to render the said bill of exchange excutable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

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

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

1769

 

By means of a decree of the 27th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1270/2021 in the names J. Zammit Limited vs Daniel Falzon the following publication was ordered for the purpose of effecting service on the respondent Daniel Falzon in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 31st May, 2021

 

To Daniel Falzon (ID 333586M) of 21, Hena, Triq ir-Rihan, Fgura

 

By the present J, Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, makes solicits you so that immediately you pay the amount of €2,099.68 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 8 bills of exchange each of value €262.46, which bills of exchange were due on the 15th day of each month from October 2020 till May 2021 respectively (copies here attached and marked as Doc. A1 – Doc. A8).

 

This judicial letter is being made in terms of Article 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty day from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

 

So much so that you may know how to proceed and regulate yourself and with costs against you.

 

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

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

 

1770

 

By means of a decree given on the 19th July, 2021, in the records of the judicial letter number 1558/2021, in the names Angela sive Gina Balzan vs Amanda Aloisio et, the Rent Regulation Board ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondents Amanda Aloisio and Marie Chantall Aloisio.

 

In the Rent Regulation Board

 

Today 20th April, 2021

 

To Amanda Aloisio (ID 465978M) of 4, Belle View, Flat 1, Triq Matthew Pulis, Tas-Sliema; and

Marie Chantall Aloisio (ID 387974M) of Flat 3, Block A, St Julian's Court, Triq Manwel Dimech, St Julian's

 

By means of this present Angela sive Gina Balzan (ID 97247M) of 19/4, Triq Sir Adrian Dingli, Tas-Sliema, solicits you so that within a maximum period of fifteen days from the notification of the present judicial act, you pay the amount of €9,123.64 representing the payment of thirty six rent instalments at the rate of €526.44 per year for the first fifteen years increased to €613.52 for the following years, payable every six months in advance, due by you for the period from the 14th June, 2002 till the 13th June, 2019, for the apartment number 3 in Block A, St Julian's Court, in Triq Manwel Dimech, St Julian's.

 

You are warned, that in default of payment within the time given to you, the interpellant is not going to renew the said lease and will immediately file all the opportune judicial procedures against you, including those for the termination of the same lease and to resumé the possession of the premises above mentioned, without further notice.

 

This judicial letter is being made, inter alia, for the purpose of Article 5(3)(b) of the Housing (Decontrol) Ordinance (Cap. 158 of the Laws of Malta) and without prejudice to any other arrears that may be due by you, and also without prejudice for the procedures made by the interpellant in terms of Articel 12B of the same Cap. 158 in the names Angela sive Gina Balzan vs Amanda Aloisio et (210/2019MV) that are being heard before this Board in which this act is being filed.

 

So much for your own guidance

 

With costs

 

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

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1771

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st October, 2021, Application number 1810/2021, by Mary Rose Sissons whereby she requested that it will be declared open in favour of Mary Rose Sissons 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 Elena, James and Luke siblings Sissons, children of the decujsu in equal shares between them the succession of Daniel Sissons, husband of Mary Rose Sissons, son of Peter Michael Sissons and Lauren Yvonne née Shattock, born in London, United Kingdom, resided in Ħal Tarxien, Malta, and died in Ħal Tarxien Malta, on the 19th June, 2020, aged 44, and who had a English passport number 537003302.

 

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 November, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1772

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th October 2021, Application number 1762/2021, by Richard Pace et whereby they requested that it will be declared open in favour of Richard Pace, father of the decujus in the quota of one fourth (1/4) undivided share, in favour of Jane Pace, mother of the decujus in the quota of one fourth (1/4) undivided share, in favour of Anna Magro, sister of the decujus in the quota of one fourth (1/4) undivided share and in favour of Jesmond brother of the decujus in the quota of one fourth (1/4) undivided share the succession of Noel Pace, bachelor, son of Richard Pace and Jane Pace née Psaila, born in Tal-Pietà, Malta, resided in Qrendi, Malta, and died in Msida, Malta, on the 1st March, 2021, aged 44, and who held identity card number 28677M.

 

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 November, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

 

 

1773

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 24th September 2021, Application number 1609/2021, by Jeffrey Joseph Abela and Herman James Abela, whereby following the application Iris Abela née Magri, widow of John Abela, daughter of Luigi Magri and Giuseppa Magri, born in Ħamrun on the 28th March, 1927, aged 94, and holding identity card number 254327M, was interdicted from all the acts of the civil life by means of a decree given on the 4th October, 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 19th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

1774

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th September, 2021, Application number 1638/2021, by Loreto Gatt et whereby they requested that it will be declared open in favour of Loreto Gatt and Joseph Gatt brothers of the decujus in the quota of one third (1/3) undivided share and in favour of Bernice Caruana and Gordon Emanuel Farrugia, children of the late Elizabeth Farrugia the latter sister of the decujus in the quota of one third (1/3) undivided share between them the succession of Anthony Gatt, bachelor, son of the late Joseph Gatt and Antonia Gatt née Psaila, born in Gudja, Malta, resided in Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 9th May, 2021, aged 73, and who held identity card number 0591747M.

 

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 November, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

1775

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 18th March, 2021, following a request by Owen Axiaq et it was ordered that deputy curators be chosen to represent the unknown heirs of Salvatore Cutajar, Antonio Cutajar and Maria Vittoria Cutajar in the acts of the schedule of deposit number 465/2021 in the names Owen Axiaq et vs Deputy Curators and in the other relative and subsequent acts.

 

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 12th March, 2021, in the names Owen Axiaq , sales executive, bachelor, son of the late Paul Axiaq and Yvonne née Psaila, born in Tal-Pietà on the 23rd November, 1990, and residing in Mosta (ID 0548890M); Yvonne Axiaq, self employed, widow of Paul Axiaq, daughter of John Psaila and Giorgina née Micallef, born in Sydney, New South Wales, Australia on the 30th November, 1961, and residing at Leach Green Land, Rednal, United Kingdom, (ID 47182M); Fiorella Marie Drosos, house wife, wife of Georgios Drosos, daughter of the late Emanuel Axiaq and Dolores née Cachia, born in Tal-Pietà on the 12th December, 1981, and residing at Kalyvian Thoriko, Greece (ID 0015482M) and Maria Dolores (Dolores) Axiaq, housewife, widow of Emanuel Axiaq, daughter of the late Carmelo Cachia and Melita née Tanti, born in Tas-Sliema on the 19th February, 1956, and residing in Ħal Tarxien (ID 141856M) vs Carmel sive Charles Balzan, in business, son of Joseph and Agnes née Tanti, born in Ħaż-Żebbuġ, Malta, on the 21st November, 1951, and residing at number 40, Fair Winds, Triq l-Ispartani, Ħamrun (ID 923751M) for and on behalf of the heirs of Carmelo Tanti and deputy curators to represent the unknown heirs of Salvatore Cutajar, Antonio Cutajar and Maria Vittoria Cutajar brothers and sisters Cutajar whereby the applicants Owen Axiaq et respectfully submitted:

 

That the applicants own the house with number 22 and including the garage with number 24, in Triq Dun Mikiel Xerri, Ħaż-Żebbuġ, Malta, as subject to the annual and perpetual groundrent of Lm2 today equivalent to €4.66 as shown in the attached site-plan (Doc. A) and this as better described in the act causa mortis of Notary Dr Jean Carl Debono of the 27th January, 2021 (Doc. B);

 

That the immovables in question are built on a portion of land that was originally granted by way of perpetual emphyteusis to Eugenia Caligari (then widow) and her children Maria Carmela Caligari and Maria Rosa Caligari, sisters Caligari (then minors) to Gaudenzio Ebejer by a deed of Notary Doctor GioBattista Saydon of the 22nd June, 1904 (Doc. C);

 

That subsequently Gaudenzio Ebejer granted by way of perpetual sub-emphyteusis to Giuseppi Tanti part of the same portion of land, and this by deed of Notary Vincenzo Giorgio Gioioso of the 9th May, 1906 (Doc. D);

 

That Gaudenzio Ebejer subsequently transferred the sub-lease regarding the same portion of land to Salvatore Cutajar, Antonio Cutajar and Maria Vittoria Cutajar brothers and sisters Cutajar by a deed of Notary Salvatore Cauchi of the 15th Janury, 1916 (Doc. E);

 

That Carmelo Tanti transferred to Paolo Axiaq part of the same portion of land on which the immovable property in question is built by an act of Notary Salvatore Borg Olivier of the 26th February, 1928 (Doc. F);

 

That Maria Carmela Gaffiero and Maria Rosa Azzopardi, sisters Caligari, children of Nicola Galigari transferred the direct dominiu and perpetual canone belonging to them to Carmelo Tanti in force of an act published by Notary Dr Edwin Pantalleresco of the 8th July, 1937 (Doc. G);

 

That the applicants wish to avail themselves from the option given to them in terms of Article 1501 of the Civil Code of the Laws of Malta and redem this same groundrent and subgroundrent;

 

That, since the precise amount of the original groundrent and the amount of subgroundrents is not known, for any misunderstanding the applicants wish to redeem the full amount of €4.66 with Charles Balzan on behalf of the heirs of the said Carmelo Tanti and the full amount of €4.66 with the unknown heirs of Salvatore Cutajar, Antonio Cutajar and Maria Vittoria Cutajar, brothers and sisters Cutajar;

 

That since the applicants do not know who the heirs of the siblings Cutajar they are proceeding against deputy curators;

 

That given that there are arrears of the last five years, the applicants will be depositing the same also by means of this schedule of deposit.

 

Thus, the applicants are humbly calling upon this Honourable Court and under its authority is depositing the total amount of €242.32 representing as for the amount of €93.20 the redemption of groundrent regarding the immovables above mentioned, the amount of €23.30 , 5 years groundrent arrears and €4.66 laudemium due to Charles Balzan on behalf of the heirs of Carmelo Tanti, the amount of €93.20 the price of redemption of the subgroundrent regarding the immovables above mentioned and the amount of €23.30 5 years sub-groundrents arrears and €4.66 laudemium due to the unknown heirs of Salvatore Cutajar, Antonio Cutajar and Maria Vittoria Cutajar siblings Cutaja so that they can be freely withdrawn by the respondents after leaving the relative receipt.

 

Depositors: 3, Tal-Borg, Triq Giuseppe Callus, Mosta

 

Notification: Director of Public Registry, 197, Triq il-Merkanti, Valletta

Carmel sive Charles Balzan, 40, Fair Winds, Triq l-Ispartani, Ħamrun

Deputy Curators

 

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 Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

 

Today 18th March, 2021

 

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

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1776

 

ARB/C059/2020 – VARIATION OF A FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 15th November, 2021 given by the Criminal Court – (Hon. Mister Justice Dr Giovanni M. Grixti, LLD). Compilation Number 652/2020, in the case:

 

The Republic of Malta

 

Versus

 

GORDON DEBONO;

 

YVETTE (YVETTE-MARIE) DEBONO;

HI-LOW PROPERTIES LIMITED;

 

PETROPLUS LIMITED, with Maltese registration number C 50905 and registered address at Level 8, Office 5B, Portomaso Business Tower, San Ġiljan.

 

KB INVESTMENTS LIMITED;

 

KB LINES LIMITED;

 

SEABRASS LIMITED;

 

PETROBUNKERS LIMITED;

 

OIL AND SHIP TRADING LIMITED;

 

GORGE LIMITED;

 

S-CAPE YACHT CHARTER LIMITED;

 

S-CAPE LIMITED;

 

AND

 

YVES LIMITED;

 

The Court AUTHORISES the Registrar of the Civil Court to proceed with the release of the deposit schedule dated 13th June, 2016, and held in the acts of the Precautionary Garnishee Order number 870/16 as long as this remains valid and the decree given by the First Hall of the Civil Court dated 9th September, 202,1 is not revoked. This authorization is not on the release of funds, but it is an authorisation to the Registrar of the Civil Court in his capacity as one of the garnishees of the properties of the society PETROPLUS LIMITED to release these funds if and when they are authorised by the First Hall of the Civil Court and without any prejudice on any right which any third party might have on the deposited funds and their release through this decree.

 

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD) on the 25th November, 2020, which was published in the Government Gazette on the 1st December, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Gordon Debono, Yvette (Yvette-Marie) Debono, Hi-Low Properties Limited, PETROPLUS LIMITED, KB Investments Limited, KB Lines Limited, Seabrass Limited, Petrobunkers Limited, Oil And Ship Trading Limited, Gorge Limited, S-Cape Yacht Charter Limited, S-Cape Limited and Yves Limited.

Today, 19th November, 2021

 

Acting Director, Asset Recovery Bureau

 

 

 

1777

 

ARB/C006/2021 – VARIATION OF A FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 4th November, 2021 given by the Criminal Court – (Hon. Madam Justice Edwina Grima, LLD). In the case:

 

The Republic of Malta

 

Versus

 

SUNDAY IKECHUKWU EBOH, taxi driver, 40 years, son of the late Ignatius Okororiowa (John) Eboh and the late Helen (Elaine) Eboh, born in Nigeria on the 30th September, 1981, residing at 22, St. Peter's Court, Blk A, Fl 5A, Triq il-Qroll, San Pawl il-Baħar, and holder of Maltese Identity Card bearing number 387207L.

 

COLLINS EGUAVOEN;

 

ALEXANDRA PACE;

 

MARVIS IYEKE;

 

AND

 

TONY OGBONNA ANUFORO.

 

The Court AUTHORISES Finance House plc to accept the sum of six hundred and sixty euro (€660), together with the monthly repayments of one hundred and fifty-seven euro and nineteen cents (€157.19) each due on the 11th day of the month in relation to the hire purchase contract of the vehicle registered in the name of the accused SUNDAY IKECHUKWU EBOH as listed in the mentioned decree dated 4th November, 2021.

 

The Court AUTHORISES the employer of the mentioned accused SUNDAY IKECHUKWU EBOH to deduct these payments from the accused's salary and pay the mentioned amounts directly to Finance House plc.

 

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD), on the 8th February, 2021, which was published in the Government Gazette on the 15th February, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to SUNDAY IKECHUKWU EBOH, Collins Eguavoen, Alexandra Pace, Marvis Iyeke, and Tony Ogbonna Anuforo.

 

Today, 19th November, 2021

 

Acting Director, Asset Recovery Bureau

 

 

 

 

1778

 

By means of a decree of the 4th August, 2021, of the Civil Court First Hall in the records of judicial letter number 2009/2021, in the names Commissioner for Revenue vs Kurt Camilleri pro et noe, the following publication for the purpose of service on the respondent Kurt Camilleri was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

 

In the First Hall of the Civil Court

 

Today 17th May, 2021

 

To Kurt Camilleri (ID 371984M), Kevin Spiteri (ID 237677M) and Jonathan Camilleri (ID 95280M) in your own name and as directors for and on behalf of the company International Machinery Limited (C 63411)

 

By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the respective amounts as follows:

 

 As for Kurt Camilleri (ID 371984M) in your own personal name and also as director for and on behalf of the company International Machinery Limited (C63411) in the amount of €30,364.18;

 

As for Kevin Spiteri (ID 237677MK) in your own personal name and also as director for and on behalf of the company International Machinery Limited (C63411) in the amount of €13,991.93;

 

As for Jonathan Camilleri (ID 95280M) in your own personal names and also as director for and on behalf of the company International Machinery Limited (C63411) in the amount of €28,217.59;

 

As for the company International Machinery Limited (C63411) in the amount of €149,370.21.

 

representing the amount due by you respectively according to the same Act.

With costs and interest according to the Act till the date of effective payment.

 

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

 

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

 

So much so that you may know how to regulate yourselves and to proceed.

 

Notification: (i) Kurt Camilleri, 92, Fl 4, Triq is-Sagħtar, Mellieħa

 

Registry of the Superior Courts today 19th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1779

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court, on the 20th October, 2021, following a request of HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent seventeen unknown depositors who have the exclusive use of Safe Deposit Lockers with HSBC Bank Malta plc or their successors in title, in the records of the Application 916/2021 NC, in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequituruent acts.

 

By means of an application, filed, in the Civil Court First Hall, in the names HSBC Bank Malta plc (C3177) vs deputy curators to represent seventeen unknown depositors who have the exclusive use of Safe Deposit Lockers with HSBC Bank Malta plc or their successors in title, on the 15th September 2021, the applicant HSBC Bank Malta plc requested this Honourable Court and Advocate Dr Ralph Agius Fernandez (ID 565688M) for and on behalf of the applicant company as duly authorised confirmed on oath to:

 

 

Authorise the Bank HSBC Bank Malta plc to open seventeen Safe Deposit Lockers above mentioned, of which they have the exclusive use unknown depositors, in the presence of deputy curators appointed to represent the same unknown depositors or their successors in title;

 

Order that the inventory of the contents of the same Safe Deposit Lockers, by means of the nomination of Court Marshall or other person that deems fit by this Honourable Court so that by him/her and/or in her/him presence and inventory be made, copy of which, have to be included in the acts of this case;

 

Fix day and time for that the opening of these Safe Deposit and the inventory of the contents above mentioned.

 

 

With costs

 

Applicant – HSBC Bank Malta plc – 32, Triq il-Merkanti, Valletta

 

Notify the Defendants: Deputy Curators

 

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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

 

Today 20th October, 2021.

 

Registry of the Superior Courts, today 19th November 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1780

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th October, 2021, Application number 1666/2021, by Svetlana Wallace et whereby they requested that it will be declared open in favour of Mary Rose Briffa and Maria Dolores Bugelli, sisters of the decujus in the quota of one eight (1/8) undivided share each one of them and in favour of Svetlana Wallace and Nikita Mallia nieces of the decujus in the quota of part of sixteen (1/16) undivided share each one of them the SUCCESSION of Giuseppi Buhagiar, bachelor, son of the late Grazio Buhagiar and Maria née Mercieca born in Ħaż-Żabbar, Malta, resided in Bormla, Malta and died in Imsida, Malta on the 8th April 2020 aged 70 and who held identity card number 278750(M).

 

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 November 2021

 

Alexandra Debattista

For the Registrar Civil Court and Tribunals

 

 

1781

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st Octobert 2021, Application number 1803/2021 by Mario Mizzi et whereby they requested that it will be declared open in favour of Mario Mizzi, husband of the decujus in the quota of one half (1/2) undivided share and in favour of Stephanie Ciappara, Katia Grima and Ylenia Mizzi, children of the decujus in equal shares between them the SUCCESSION of Maria Victoria Mizzi, wife of Mario Mizzi, daughter of Ignazio Delia and Maria Stella Delia née Cilia, born in Isla Malta, resided in Isla, Malta and died in Isla, Malta on the 3rd May, 2020, aged 62, and who held identity card number 0588757M.

 

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 November, 2021

 

Alexandra Debattista

For the Registrar Civil Court and Tribunals

 

 

1782

 

By means of a decree of the 22nd October, 2021, in the records of the judicial letter number 2892/2021, in the names Natalie Caruana vs Jonathan Sant, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Jonathan Sant in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

 

Today 16th July 2021

 

To: Jonathan Sant (ID 449685M) of El Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta

 

By means of the present letter, Natalie Caruana (ID 542282M) of Medusa, Triq il-Barrada, Mellieħa, makes reference to the lease of the premises El Shaddai Court, Flat 4, Triq Anġlu Gatt, Mosta, leased to by by means of a contract dated 29th January, 2020, as renewed and solicits you so that you pay the amount of €3,548.06 representing arrears of rent and electricity and water bills.

 

The amount requested represents the amount due to date, subject to other outstanding and/or outstanding amounts that have not been requested by the interpellant yet.

 

If within seven (7) days of the notification of this judicial letter you fail to pay the amount due, the interpellant will proceed for your eviction from the said premises.

 

So much so you know how to proceed and regulate yourself.

 

This judicial letter is being made in terms, but not exclusively of Article 1570 of Chapter 16 and Article 889 of Chapter 12 of the Laws of Malta.

 

Registry of the Superior Courts today 19th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1783

 

By means of a decree of the 22nd October 2021 of the Rent Regulation Board, in the records of the Application in the names G.R.A.P. Limited vs Joseph Brincat et, Application Number 506/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Joseph Brincat 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 G.R.A.P. Limited vs Joseph Brincat (ID 262362M) and Housing Authority filed in the Rent Regulation Board, on the 19th August, 2021, the applicant G.R.A.P. Limited requested this Honourable Board to find why it should not:

 

Order that the means test of Joseph Brincat (ID 262362M) be carried out and this in terms of Act XXIV of 2021 which test shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and it has to be with particular reference, inter alia, to regulations 4 till 8 of the Rules of the Continuation Tenancies (Criteria of the Means Test) that has to be applied mutatis mutandi in this case;

 

Declare and decide that in terms of Act XXIV of 2021, the rent of the premises 31, Triq is-Sajjieda, Marsa, shall be revised to an amount not exceeding 2% of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

 

Order and condemn the respondent Joseph Brincat (ID 262362M) to start paying such increase in rent in terms of Act XXIV of 2021 with effect from the date of filing of this application;

 

Orders, that in case the respondent Joseph Brincat (ID 262362M) does not satisfy the criteria of the income and capital of the means test, the eviction from the premises in question, within a short and peremptory time established by this Bord and by not later than two years from the 1st June 2021.

 

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

 

Applicant: 159, Tower Road, Tas-Sliema

 

respondent: Joseph Brincat – 31, Triq is-Sajjieda, Marsa

 

Housing Authority

 

The application in the names G.R.A.P. Limited vs Joseph Brincat, Application Number 506/2021NB has been postponed for hearing to the 26th November, 2021, at 12.40p.m.

 

Registry of the Superior Courts, today 22nd November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1784

 

By means of a decree given by the First Hall Civil Court, on the 14th October 2029, in the records of the Application in the names Commissioner for Revenue vs Richmeetsbeautiful Limited (C 73474) Application Number 445/20 RGM, the following publication was ordered for the purpose of service of the respondent company Richmeetsbeautiful Limited(C 73474) in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Applicaction, presented, in the First Hall Civil Court, in the names Commiussioner for Revenue vs Richmeetsbeautiful Limited (C 73474) on the 17th June 2020, the Commissioner for Revenue, respectfully pleaded:

 

That Council Directive No. 2010/24/EU of the 16th March 2010, concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures was adopted and is subject to the laws of Malta by means of Order of 2010 on the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and other Measures Order, 2012, (Legal Notice 153 of 2012);

 

That by virtue of this Order and Directive the Commissioner for Revegnue on behalf of the Minister responsible for finance, as the competent authority in Malta, is granted the power ,upon a valid request by a member state of the European Union, to take action to recover the tax due to that Member State when the person owing such tax is present in Malta;

 

That in accordance with the said Order and Directive upon a request by a Member State to take action for the recovery of a claim, such claim shall be treated as if it were a claim for a civil debt due to the Government of Malta, which the competent authority in Malta is duly authorised to collect;

 

That the respondent was indicated by the competent authority of Finland, a Member State of the European Union, as a person with a Value Added Tax Liability in the total amount of four thousand nine hundred and thirty two euros and ninety two cents (€4932.92) as indicated in the attached instrrument marked as Doc. A, together with interest in accordance with the laws of Malta, due by the respondent from the date of notification of the present application till the date of effective payment;

 

That the applicant is satisfied that all the relevant requirements of the said Directive with regards to the present claim have been complied with;

 

That the respondent is present in Malta and therefore the applicant has the right to recover from the respondent the above mentioned amount on behalf of the competent authority of the above mentioned Member State of the European Union.

 

That in accordance with the above mentioned Order and Directive this Court is granted the power and the obligation to order the registration of the documents attached to the present application and those documents shall thereupon constitute an executive title and also order that a copy of the present application and the attached documents be served on the debtor. Therefore the applicant in accordance with the powers granted to him by virtue of the above-mentioned Directive, humbly requests this Honourable Court, to order firstly the registration of the documents attached with the present application as an official copy so that the said documents shall constitute an executive title and secondly that a copy of the present application and the attached documents be served on the debtor in accordance with thee relevant provisions of Chapter 12 of the Laws of Malta, as if the present application and attached documents were a judicial act.

 

Applicant: Centre Point Building, Ta' Paris Road, Birkirkara.

 

Respondent; 33/34. 3rd Floor Regent House, Bisazza Street, Tas-Sliema.

 

Registry of the Superior Courts, today 22nd November 2021

 

Adv. Frank Portelli, LD

For the Registrar, Civil Courts and Tribunals

 

 

1785

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st July 2021, Application number 1230/2021 by Mario Spiteri, whereby following the application Margaret Fenech, unmarried, daughter of the late Paolo Fenech and Antonia Fenech, born in Valletta on the 2nd August, 1945, and residing in Valletta aged 76 and holding identity card number 707545M was interdicted from all the acts of the civil life by means of a decree given on the 13th September 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 22nd November 2021

 

Alexandra Debattista

For the Registrar Civil Court and Tribunals

 

 

1786

 

By a decree of the Small Claims Tribunal of the 15th September, 2021, 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).

 

Clayton Falzon (ID 20884M) of Binja Ħamrija, Flat 23, Triq il-Ħamrija, Naxxar, filed a Claim on the 10th September, 2021, whereby he asked the Tribunal to condemn Keith Cassar (ID 321980M) of 267, Arches, Flat 3, Triq l-Orsolini, Gwardamanġa, tal-Pietà to pay the plaintiff the sum of €500, which amount is due to the plaintiff.

With costs and interests.

 

The case (Claim number 263/2021KCX) is deferred on the 6th December, 2021, at 1.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 22nd November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1787

 

By a decree of the Court of Magistrates (Malta) of the 12th May 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

 

 

Viking Signrite Ltd (C78824) of Plot 7, Attard Industrial Estate, Ħ'Attard, filed a Claim on the 28th May 2020, whereby they asked the Court to condemn Goodwell Limited (C 61757) of Pinto House, 95, 99, 103, Xatt l-Għassara tal-Għeneb, Marsa, to pay the plaintiff company the sum of €5353.07, which amount is due to the plaintiff company.

 

With costs and interests.

 

The case (Application Number 69/2020MLF) is postoned for hearing for the 15th December 2021 at 9.30a.m.

 

Registry of the Courts of Magistrates (Malta) today 22nd November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1788

 

By a decree of the Court of Magistrates (Malta) of the 1st November, 2021, the publication of the following extract was ordered for the purpose of service on the respondent Maria sive Marie Carabott in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

 

 

Francis Carabott (ID 0632850M) of 10, St Anthony, Flat 2, Triq Antonio Doublet, Marsa, filed a Claim on the 9th June 2021, whereby he asked the Court to condemn Rosario sive Louis Carabott (ID 678946M), Maria sive Marie wife of the same Rosario Carabott (ID 651949M) of 39, Triq l-Imdina, Ħ'Attard, Elivia Cini as the absolute mandate of her father Rosario sive Louis Carabott and also her husband Etienne Cini for any interest he may have, to pay the plaintiff the sum of €10,000, which amount is due to the plaintiff.

With costs and interests.

 

The case (Notice Number 158/2021RM) is postponed for hearing for the 15th December, 2021, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta) today 22nd November 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1789

 

By a decree of the Court of Magistrates (Malta) of the 29th October 2021, 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).

 

Chantelle Grech (ID 0348889M) of 98, Olive Apartments, Nr 8, Triq il-Lewż, Gudja, filed a claim on the 29th May 2020, whereby the plaintiff asked the Court to condemn Ganapati (Malta) Limited (C76741) of Q2, Ground Floor, Unit A, Tignè Point, Tas-Sliema, to pay the plaintiff the sum of €10,500 which amount is due to the plaintiff.

 

With costs.

 

The case (Notice Number 70/2020LC) is put off to the 6th December 2021 at 9.00a.m.

 

Registry of the Courts of Magistrates (Malta) today 22nd November 2021.

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1790

 

By a decree given on 11th 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 Organization and Civil Procedure (Chapter 12).

 

By the application filed in the Civil Court First Hall on the 22nd October, 2019 by HSBC Bank Malta plc (C3177) Judicial Sale number 56/19 in the names HSBC Bank Malta plc (C3177) vs Nawafleh Abdallah Ahmed (ID24907A) being asked that the Court orders the sale by auction of the:

 

The airspace on the third floor, today an apartment from the fortieth (40) course to the fifty first (51) course above street level, with the two courses included, and including also the width of the roof on the fifty first course, which description as revised by a contract in the acts of Notary Carmelo Gafa dated eleventh April, two thousand and eight (11.04.2008). The acquisition of this property was originally done by a contract in the acts of Notary Carmelo Gafàdated second October, two thousand and six (02.10.2006) as better described in the researches of the Malta Public Registry note of correction number I five six zero seven of the year two thousand and nine (I 5607/2009). The said airspace nowadays is built into an apartment number three (3) marked with letter “E" which forms part of the block with number two hundred and fifty three (253) and two hundred and fifty five (255), Rue D'Argens, Gżira. This apartment is subject to and enjoys active and passive servitudes resulting from its position, otherwise free and unencumbered, with all its rights and appurtenances. The said airspace is bounded East by Triq D'Argens, West with the eventual yard on the backside of the block of flats, and North in part with the staircase of the block and in part with third party property unknown with the parties. The debtor has the right of perpetual usage of the common areas of the block and which areas include the entrance of the block, the stairs and the staircase to the roof, the lift and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish with the right of access to the roof in reasonable hours for maintenance purposes of the same services. This property was acquired by the respondent from Sally Anne Sacco.

 

The said property belongs to Abdallah Ahmed Nawafleh (ID 24907A).

 

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

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

 

1791

 

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

 

Application number: 96/2021 BS

 

Application in terms of Article 495A of the Civil Code

 

 

DR KEVIN MOMPALAO (I.D. 13774G) in the name and on behalf of the absent HENRY CINI (Australian passport number PA7737889) as duly authorised by virtue of a power of attorney dated 11th June 2021, annexed doc. 'A', and also in the name and on behalf of the absent LUCY XUEREB (Australian passport number PA7337400) as duly authorised by virtue of a power of attorney dated 8th June 2021, annexed doc. 'B'

 

 

And

 

SAVIOUR CAMILLERI (ID 9869G) in the name and on behalf of the absent PATRICK HENRY CINI (Australian passport number N7218917) as duly authorised by virtue of a power of attorney dated 11th June 2021, annexed as doc. 'C', for whatever judicial interest he may have

 

 

Vs

 

ANTHONY ZAMMIT (ID 41361) AND MONICA ZAMMIT (I.D. 9968M)

 

Application of Dr. Kevin Mompalao noe et noe.

 

Respectfully submit and Saviour Camilleri confirms on oath:

 

That this application concerns the portion of land which falls outside development zone known as 'Ta' Mewġ il-Baħar', limits of Żebbuġ, Gozo, measuring circa five hundred and ninty-four square meters (594 m2), bounded on the South with Habel it-Twil Street, from the East with property of the successors in title of the late Maria Saliba née Zammit, and from the West with property of the successors in title of the late Joseph Zammit.

 

That all the parties, except applicant Patrick Henry Cini, are co-owners of the said portion of land as described above.

 

That the applicants, except applicant Patrick Henry Cini, are owners of two-thirds (2/3) undivided share of that same portion of land, whereas the respondents Anthony and Monica spouses Zammit own the remaining one-third (1/3) undivided share.

 

That the property in question was acquired in equal shares (one-third each) by Mary Xuereb, Lucy Xuereb and Henry sive Hary Cini by virtue of a contract of donation, done in the acts of Notary Alyssa Manuela Cassar and signed on the 26th April 2017, whereby Carmela Cini donated the same plot of land in favour of Mary Xuereb, Lucy Xuereb and Henry sive Hary Cini.

 

That by virtue of a contract of sale in the acts of Notary Alyssa Manuela Cassar dated 4th September 2018, the aforementioned co-owner Mary Xuereb sold her one-third (1/3) undivided share from the same portion of land to the respondents Anthony and Monica spouses Zammit.

 

That the applicants wish to sell the property indicated above and agreed with the other applicant Patrick Henry Cini for its sale.

 

That a promise of sale, in favour of Patrick Henry Cini, for the sale of the same portion of land was signed, which promise of sale is being herewith attached and marked as document 'D'.

That the promise of sale stipulates that the vendors oblige themselves to institute proceedings before the competent court for the acquisition of the share of the co-owners the respondents Anthony and Monica spouses Zammit from the same portion of land, by application of article 495A of the Civil Code of the Laws of Malta (Chapter XXVI).

 

That the same promise of sale also stipulates that in case that the court does not authorise the sale of the share pertaining to the respondents or otherwise imposes different conditions are regards the full sale price, vendors reserve the right, in their absolute discretion, not to honour the promise of sale agreement and therefore not to appear for the publication of the final deed.

 

That applicants believe that the price for the sale of the property as results from the promise of sale agreement is fair and just and the respondents will not suffer any prejudice by the fact that this transfer is made since it appears that the respondents' sole intention is to hinder and stop the applicants (apart from Patrick Henry Cini) from the possibility of selling the property.

 

Applicants therefore respectfully request this Honourable Court, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chapter XXVI, to:

 

Declare that the price, that is the value of the proposed transfer of the applicants' share (apart from Patrick Henry Cini) according to the promise of sale herewith annexed, is fair and just and that the same value and conditions should apply for the share pertaining to the respondents from the said portion of land, that is one-third (1/3) undivided share, this however that in the case of respondents the value of their share is to be paid in full on the publication of the deed of transfer.

 

Approve the proposed sale and transfer and orders the publication of the deed of sale in respect of the share pertaining to the respondents on such day, time and place which are fixed for this purpose and appoints a notary public to publish the deed of sale with the intervention of deputy curators to represent the eventual defaulters on the act.

 

 

With all costs to be borne by respondents who are being subpoenaed as from today.

 

The application is appointed for hearing for Tuesday, 18th January, 2022, at 8.30 a.m.

 

Registry of the Court of Magistrates (Gozo)

 

This 22nd November, 2021

 

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

 

 

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