gov.mt

CourtNotices3011

30/11/2021

Court Notices oublished in Govt. Gazette no 20,743 of 30th November 2021

 

1800

 

Notice, Registry of the Civil Court (Family Section)

 

Whereas the plaintiff Liam Mangion (ID 236178M) filed an application under oath (No. 259/2021JPG) demanding corrections the act of birth of Samuel Bonello Bianco number 5433/2021 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,

 

This 23rd November, 2021

 

Lorraine Dalli

For Registrar, Civil Courts and Tribunals

 

 

 

1801

 

It is hereby notified that by a decree dated the 16th September, 2021, the Court of Magistrates (Gozo) in its Superior Jurisdiction, Family Section, ordered the publication of the Application reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organization and Civil Procedure, and this with regard to Della Christine Gurbutt, identity card number 28953A:

 

Application number 4/2021 SG

 

Mark Gurbutt

 

vs

 

Della Christine Gurbutt

 

An application of Mark Gurbutt of 'St Mary', Triq Dun Karm Cachia, Żebbuġ, Gozo, holder of identity card number 29691A

 

Humbly submits:

 

That parties got married on the 31st August, 2002, in the parish of Easthampstead in the Borough of Bracknell Forest, England as confirmed by the marriage certificate annexed and marked as Document A;

 

 

That although the separation agreement was published on the 20th March, 2019, in the records of Notary Joseph Henry Saydon (copy attached as Document B), they had been de facto separated for a period of almost three (3) years before the separation deed was signed;

 

That there is no possibility of the couple reconciling and all attempts at reconciliation have failed. Today both parties lead separate lives. Applicant is also in another stable relationship;

 

That the couple did not have any children and consequently this matter did not need to be regulated in the separation deed. This as confirmed by the same separation deed;

 

That applicant is filing this application before the Maltese Courts since he now has a Maltese residence permit bearing the reference number MT 9025 448 (Document C) and is nowadays he is domiciled in Malta;

 

That applicant is confirming the contents of this application on oath;

 

Therefore, applicant is humbly requesting the Court to:

 

1. Pronounce divorce between the parties;

 

2. Order the Director Gozo Courts to inform the Director Public Registry (Malta) and Director Public Registry (Gozo) within the time-frame imposed by this Court so that the Director Public Registry (Malta) and the Director Public Registry (Gozo) would make the necessary annotation at the Public Registries in Malta and Gozo. This in case the marriage has been registered at the same registries.

 

Case is adjourned for the 11th January, 2022, at 9.00 a.m.

 

Registry of the Court of Magistrates (Gozo)

 

This 24th November, 2021

 

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

 

 

 

1802

 

By a Decree of the 22nd November, 2021, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

 

That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C2833) on the 17th November, 2021, the approval of the said judicial acts is being demanded for the amount of €45,000 following judicial sale by auction 25/19 in the names Bank of Valletta plc vs Matthew Scicluna held under the Authority of the said Court on the 11th November, 2021.

 

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

 

 

Registry of the Superior Courts this Wednesday, 24th November, 2021

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

 

 

 

1803

 

By means of a decree given by the Court of Appeal, in the records of the Application in the names Joanna Hili vs Martin John et, Application number 373/08 GM, the following publication was ordered for the purpose of service of Lee Martin and Emanuel Theuma, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application of Appeal and an Appeal which is Incidental, filed, in the records of the Application number 373/08 GM, in the names Joanna Hili vs Martin John, Derfek Lee D'Amato and by decree of the 30th September, 2020, there were called into the cause Lee Martin, EmanueI Theuma and Jurgen Debattista, on the 22nd February, 2021, the interpellant Joanna Hili (ID 301489M) respectfully pleaded:

 

That the judgement appealed is just and merits to be confirmed saving that which will be submitted in the Appeal which is Incidental which is being submitted at the same time.

 

A. The First Grievance: Prescription and solidarity

1. As regards this first grievance, the interpellant submits herself to the superior judgement of this Honourable Court.

 

B. The Second and Fifth Grievances: The grade of responsibility and the tort of Derek Lee D' Amato

 

2. The appellant contends that because the defendants did not all have the same share in the acts which brought about the damage suffered by the interpellant, and because his share was 'minimal' the Court, had to apportion the responsibility according to the acts of each one of the defendants.

 

… omissis …

 

7. That as regards the reimbursement of financial compensation this should be divided equally between the defendants in solidum, on the basis of Article 1049(1) of the Civil Code which states that when two persons or more maliciously cause damage their obligation to pay that damage is in solidum.

 

… omissis …

 

10. For completenes even if that Honourable Court is of the opinion that there should be applied Article 1050(2) as the appellant is pretending, and even if on the basis of this disposition an apportionment of the tort of each one of the defendants is made, this apportionment is still 'without prejudice always to the right of who is suffering the damage to ask for the payment of all the sum from whom he wants of them.

 

The Third Grievance: The contribution of the plaintiff

 

11. The appellant complains that the interpellant was partly to blame for what happened because 'she was not new to these types of relationships'.

 

12. Frankly the interpellant has nothing much to say regarding this grievance except that it is all void and shameless. Yes the interpellant had sexual experiences before this traumatic episode took place.

 

… omissis …

 

13. In any case and for all intents and purposes, the interpellant had spent about four months in a relationship with the defendant John Martin and about two years after they broke down, she met him again after a lot of pressure.

 

14. Thus the interpellant a minor and vulnerable girl had a relationship with a young man who had been her boyfriend and she thought that there was nobody but her and the defendant John Martin went she met him.

 

… omissis …

 

16. In the light of all this, there should be no doubt that the plaintiff knew that a film was being taken and thus in no manner did she contribute to the damages she suffered.

 

C. The Fourth Grievance: Moral damages

 

17. The appellant felt aggrieved also because the Court of First Instance granted compensation for permanent psychological damages, which according to him were not contemplated in Maltese law, before the amendments which came into force in 2018.

 

… omissis …

 

27. Thus, saving that brought forward in the Appeal which is Incidental the judgement is just and merits to be confirmed by this Honourable Court.

 

E. The Appeal which is Incidental.

 

28. The interpellant felt aggrieved by the judgement given by the First Hall Civil Court presided by the Honourable Mr. Justice Grazio Mercieca on the 12th January, 2021, and is humbly filing an appeal which is incidental.

 

29. The grievance is clear and manifest and relates to the conclusion of the Court of First Instance which adopted the report of the additional referees and avoided the report of the first medical expert.

 

… omissis …

 

31. The conclusions reached by the additional referees and on which the Court of First Instance relied are not just and correct in the circumstances.

 

… omissis …

 

36. The interpellant feels that the Court should compare the two reports together and see which one of them gives a more holistic and detailed picture of what the plaintiff is going through.

 

40. It is pacific in jurisprudence that whilst the conclusions, the considerations and the opinions of the technical referees appointed by the Court, constitute proof the Court is not bound to accept their report as a determining proof.

 

43. For these motives the interpellant is of the opinion that for the purposes of lucrum cessans there should be taken the grade of disability which the first expert attributed, and namely that of thirty per cent (30%).

 

Thus, the interpellant humbly prays this Honourable Court to vary the judgement in the names premised given by the First Hall Civil Court, presided by the Hon. Grazio Mercieca, on the 12th January, 2021, by confirming it in its totality except for the part where it liquidated the damages suffered by the plaintiff in the sum of €32,656.51 and instead liquidated the damages in a larger sum on the basis of a percentage of disability of 30%.

 

With costs of the first instance as decided by the Court of First Instance and with costs of the second instance against the appellant Derek Lee D' Amato.

 

Notify: 1) Lee Martin, 158, Shamrock, Flat 2, Triq il-Kanun, Santa Venera

2) Emanuel Theuma, 15, Trejeqt Sant' Anna, Ħamrun

 

Registry of the Superior Courts (Appeals), today 26th November, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

1804

 

By means of a decree given by the First Hall Civil Court, on the 27th October, 2021, in the records of the Application in the names Commissioner for Revenue vs Damien Joakim Olsson (ID 0166766A), Application number 405/2021 MH, the following publication was ordered for the purpose of service of the respondent Damien Joakim Olsson, in terms of Article 187(3) et sequitur of Cap. 12.

 

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

 

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance and Employment, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

 

That in terms of the mentioned Directive, the competent authority of Sweden, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Employment, so that the applicant recovers tax that is owed to the applicant authority;

 

That the respondent owes tax to the applicant authority of Sweden in the amount of twenty eight thousand, three hundred and twenty three Swedish Krona (SEK28,323), which amount is equivalent to two thousand, seven hundred and twenty one euro and fifty three cents (€2,721.53), as results from the Uniform Enforcement Instrument here attached and marked as Doc. 'A', together with interest due by law;

 

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

 

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

 

That, furthermore, the respondent has a right to a translation of the attached document into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'B' to inform the respondent that he may request the mentioned translation within seven (7) days of service of the mentioned document;

 

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A', and Doc. 'B' to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. 'A', as an official copy, such that said document constitutes executive title.

 

Document List

 

Doc. 'A': 'Uniform Enforcement Instrument' issued by the requesting authority of Sweden

 

Doc. 'B': Document that informs the respondent of his right to request a translation of Doc. 'A'

 

The Application in the names Commissioner for Revenue vs Damien Joakim Olsson, Application number 405/2021 MH, has been deferred for hearing to the 23rd February, 2022, at 10.10 a.m.

 

Applicant: Commissioner for Revenue, Office of the Commissioner For Revenue, Floriana FRN 0170

 

Respondent: Benrus Building, Fl 6, Triq in-Naxxar, San Ġwann

Registry of the Superior Courts, today 26th November, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

1805

 

By means of a decree given by the First Hall Civil Court, on the 5th July, 2021, in the records of the Application in the names Commissioner for Revenue vs Oberdan Chimenti (ID 0156478A), Application number 406/2021 FDP, the following publication was ordered for the purpose of service of the respondent Oberdan Chimenti, in terms of Article 187(3) et sequitur of Cap. 12.

 

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State's territory, and other measures;

 

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible of Finance and Employment, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

 

That in terms of the mentioned Directive, the competent authority of Italy, otherwise the applicant authority, has made a claim for assistance to the Commissioner for Revenue, acting on behalf of the Minister responsible of Finance and Employment, so that the applicant recovers tax that is owed to the applicant authority;

 

That the respondent owes tax to the applicant authority of Italy in the amount of seventeen thousand, sixty eight euro and forty six cents (€17,068.46), as results from the Uniform Enforcement Instruments here attached and marked as Doc. 'A', Doc. 'B', Doc. 'C', Doc. 'D' and Doc. 'E' together with interest due by law;

 

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

 

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

 

That, furthermore, the respondent has a right to a translation of the attached documents into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. 'F' to inform the respondent that he may request the mentioned translation within seven (7) days of service of the mentioned documents;

 

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. 'A', Doc. 'B', Doc. 'C', Doc. 'D', Doc. 'E' and Doc. 'F'to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the documents hereby attached and marked as Doc. 'A', Doc. 'B', Doc. 'C', Doc. 'D' and Doc. 'E' as an official copy, such that said documents constitute executive title.

 

Document List

 

Doc. 'A': 'Uniform Enforcement Instrument' issued by the requesting authority of Italy

 

Doc. 'B': 'Uniform Enforcement Instrument' issued by the requesting authority of Italy

 

Doc. 'C': 'Uniform Enforcement Instrument' issued by the requesting authority of Italy

 

Doc. 'D': 'Uniform Enforcement Instrument' issued by the requesting authority of Italy

 

Doc. 'E': 'Uniform Enforcement Instrument' issued by the requesting authority of Italy

 

Doc. 'F': Document that informs the respondent of his right to request a translation of Doc. 'A', Doc. 'B', Doc. 'C', Doc. 'D' and Doc. 'E'

 

The Application in the names Commissioner for Revenue vs Oberdan Chimenti, Application number 406/2021 FDP, has been deferred for hearing to the 1st February, 2022, at 9.00 a.m.

 

Applicant: Commissioner for Revenue, Office of the Commissioner for Revenue, Floriana FRN 0170

 

Service: QuisiSana, Fl 15, Ix-Xatt ta' Qui-si-Sana, Tas-Sliema

Gardenia Court, Block B, Flat 5, Sqaq tal-Ħofra, Ħal Għargħur

Registry of the Superior Courts, today 26th November, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

1806

 

By decree given by the Civil Court, First Hall, on the 23rd November, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 27thJanuary, 2022, 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, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta, of the following property:

 

Restaurant on groundfloor level, with an underground level with parts under the groundfloor level and the front garden named Cote d'Azur Restaurant in Triq tal-Buttar, corner with Triq Sant'Antnin, Marsaskala, excluding its airspace and underlying third party residential apartments built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming parts on the land known as 'Il-Barumbara' sive 'Il-Magħluq', bounded on the north by Triq Sant'Antnin, on the east by a new unnamed road and on the west by property of Barumbara Limited or its successors in title, or other correct boundaries, free and unencumbered, with all its rights and appurtenances, as better described in the contract of acquisition of tenth September, one thousand nine hundred and ninety two (10.09.1992) in the acts of Notary Dr Joseph Tabone and is valued at one million and eight hundred thousand euro (€1,800,000).

 

The said tenement is the property of Geomike Limited (C8820)

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2020.

 

Registry of the Superior Courts, this Friday, 26th November, 2021

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

 

 

1807

 

By means of a decree of the 13th November, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1530/2020 in the names No Deposit Cars Malta Limited vs Zlatko Rapovski the following publication was ordered for the purpose of effecting service on the respondent Zlatko Rapovski in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

Today 4th August, 2020

 

To Zlatko Rapovski (ID 133857A) of Agave, Flat 7, Triq Efesu, San Pawl il-Baħar, and/or Manhattan Court, Flat 103, Triq l-Iskuna, San Pawl il-Baħar

 

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 €495 (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 4th August, 2020, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

 

1. Bill of exchange number 21 in the amount of €165 issued by the defendant in favour of the company, which bill of exchange was due on the 9th May, 2020, and which sum has to date not been paid;

 

2. Bill of exchange number 22 in the amount of €165 issued by the defendant in favour of the company, which bill of exchange was due on the 9th June, 2020, and which sum has to date not been paid;

 

3. Bill of exchange number 23 in the amount of €165 issued by the defendant in favour of the company, which bill of exchange was due on the 9th 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.

 

Notwithstanding that you have been requested to pay the above bills of exchange in terms of the Payment Schedule (herewith attached and marked as Doc. 3) by means of the statement of account (herewith attached and marked as Doc. 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

 

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 November, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

 

1808

 

By means of a decree of the 20th October, 2021, in the records of the judicial letter number 2383/2021, in the names Glen Farrugia et noe vs Emanuel Baldacchino & Co Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Emanuel Baldacchino & Co Limited in terms of Article 187(5) of Cap. 12.

 

In the First Hall of the Civil Court

 

Judicial letter number 2383/2021

 

Today 10th June, 2021

 

To: 1. Emanuel Baldacchino & Co. Limited (C44700) 5, Triq San Ġorġ, Naxxar NXR 2541

2. Emanuel Baldacchino                                

 

 By means of this present Glen Farrugia (ID 38190 M) and John Farrugia       (ID 605564 M), trading under the name 'J&G Farrugia Contractors', of 'Fjord', Triq l-Għasir, Ħaż-Żebbuġ, whilst referring to the public deed in the records of Notary Matthew Agius dated 1st October, 2020 (Doc. GF 1) by virtue of which contract you constituted yourself joint and several debtors in the total amount of €116,800.00, out of which the amount of €98,983.00 represent the agreed balance for the subcontracting works described in the same public deed, and the amount of €17,817.00 representing VAT on the same amount together with interest with the rate of 8% on the same balance amount, solicits you so that within seven (7) days from the notification of this judicial letter you, or any one of you, pay the total amount of €10,620.00: out of which the amount of €3,540.00 represent the amount that the debtor company Emanuel Baldacchino & Co Limited (C44700) was obliged to pay by no later than 30th March 2021; the amount of €3,540.00 represent the amount that the debtor company Emanuel Baldacchino & Co Limited (C44700) was obliged to pay by no later than 30th April, 2021; the amount of €3,540.00 represent the amount that the debtor company Emanuel Baldacchino & Co Limited (C44700) was obliged to pay by not later than the 30th May, 2021, and this in terms of the schedule here attached and marked as Document A which obligation results from that agreed in clause number '4' of the same public deed.

 

In terms of the same clause number '4' of the above mentioned public deed, the interpellants are formally notifying you that, in the absence of complying with the notification above within the time stipulated above, you will lose the benefit of the time granted to you and consequently, 'the full balance amount together with interest due up to that date according to the column headed interest in the schedule (attached) due to the Creditors and becomes immediately enforceable and payable at the rate of eight percent per annum (8%) on the same balance amount, from the date of notification of the said judicial letter to the debtor and/or guarantor by the date of payment of the overall amount due in full'.

 

Thus, the interpellant is notifying you that in default of abiding with the above within the time given, they are filing the necessary judicial acts against you for the recovery of the full amount due by you in terms of the public deed above mentioned, and this without further notice.

 

This judicial letter is being made, particularly, but not limitedly, in terms of Article 256(2) of Cap. 12 of the Laws of Malta, and also in terms of the mention clause number '4' of the above mentioned public deed.

 

So much so you know how to proceed and regulate yourself and avoid useless costs and judicial procedures.

 

With costs of this present and with legal interest due from the date of effective payment of the whole amounts above mentioned.

 

Registry of the Superior Courts, today 29th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

 

 

 

1809

 

By a note, filed, in the First Hall Civil Court, on the 22nd November, 2021, Doctor Roberta Gauci, Advocate, brought forward the following document to be published in terms of Article 9 of the Commercial Code, Cap. 13 of the Laws of Malta.

 

By means of a contract, published, by Notary Dr Rachel Busuttil, Notary Public, on the 19th November, 2021, Andrea Aquilina holder of identity card number 507574M, and Louena Aquilina née Camenzuli, wife of the said Andrea Aquilina, holder of identity card number 198776M, registered the above mentioned contract for the purposes of Article 9 of the Commericial Code Cap. 13 of the Laws of Malta by means of which they emancipated for all intents and purposes of law their son Sebastian David Aquilina, student, bachelor, son of Andrea Aquilina and Louena Aquilina née Camenzuli, born in Tal-Pietà on the 20th July, 2004, and resides at 5, Triq tad-Dwal, Sqaq Numru 1, Ħaż-Żebbuġ, Malta, holding identity card number 237504L, and authorised him to carry out all acts of trade for all intents and purposes of law, in terms of Article 9 et seq of Cap. 13 of the Laws of Malta.

Registry of the Superior Courts, today 29th November, 2021.

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1810

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court, on the 2nd November, 2021, following a request of Megeve Limited it was ordered that deputy curators be chosen to represent Guy Igal Sachill in the records of the Sworn Application 1042/2021CFS, in the names Megeve Limited 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 Megeve Limited (C 93692) vs Deputy Curators to represent Guy Igal Sachill with Israeli Passport number 30206471 resident in Israel, on the 22nd October, 2021, the applicants Megeve Limited requested this Honourable Court and Wilhelmus Adrianus Woestenburg confirmed on oath:

 

That on the 2nd January, 2016, the parties entered a Credit Facility Agreement (Doc. A) where the applicant company loaned USD50,000 equivalent to €43,110.00. In this agreement they agreed that the Maltese law has to be applied;

 

The respondent confirmed several times, even by an email of the 24th August, 2020, that the amount is due and it is going to be paid;

 

The respondent was solicited several times to pay;

 

The amount due was requested several times but remained in default, thus the amount liquid and due and in the opinion of the applicant company the respondent does not have any requests for the claim of the applicant.

 

Thus, the applicant company request with respect that this Honourable Court should:

 

1. Proceed to deciede on the request of the applicant company summarily and without any hearings in terms of Article 167 of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta);

 

2. Orders the respondent to pay the plaintiff company the amount of USD50,000 equivalent to €43,110.00 besides the interest according to clause 4.1 of the agreement dated 2nd January, 2016, which amount is due by him and for the reasons above mentioned.

 

With costs and interest

 

Applicant: Whitehall Mansions, Level 2, Ta' Xbiex Seafront, Ta' Xbiex

 

Notification: Deputy Curators

 

The application in the names Megeve Limited vs Deputy Curators (Application number 1042/2021CFS) is postponed for hearing for the 2nd December, 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 Neville Camilleri BA, LLD , MA (Fin. Serv.) Doctor of Laws.

 

Today 2nd November, 2021

 

Registry of the Superior Courts, today 29th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1811

 

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 Audit Limited (C51312) 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 (C72203) 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 29th November, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

1812

 

By means of a decree of the 19th October, 2021, of the Rent Regulation Board, in the records of the Application in the names David Ohayon vs Anthony Ciantar et, Application number 165/2021JD, the following publication was ordered for the purpose of effecting service on the respondent Anthony Ciantar 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 David Ohayon (ID 595055M) vs Anthony Ciantar (ID 110458M) and Housing Authority filed in the Rent Regulation Board, on the 11th June, 2021, the applicant David Ohayon (ID 595055M) requested this Honourable Board to find why it should not:

 

1. Declare and decide that the respondent Anthony Ciantar (ID 110468M) is the lessee of the premises that is the apartment internally marked number 1, forming part of a block of apartments with number 23 previously 21 Triq Malta Rebbieħa, previously Marina Street, Kalkara, and also the half undivided share of the common parts and the roof of about 20.5square meters and qualify as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021 and thus they are entitled to continue to occupy the residential house in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

 

2. Order that the means test of the respondent be carried out which 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 same lessees on the 31st December, 2020;

 

3. Declare and decide that in accordance with Act No XXIV of 2021, the rent shall be revised to an amount not exceeding 2% of the free and unencumbered open market value of the premises that is the apartment internally marked number 1, forming part of a block of apartments with number 23 previously 21 Triq Malta Rebbieħa, previously Marina Street, Kalkara, and also the half undivided share of the common parts and the roof of about 20.5square meters and to establish new conditions regarding the lease;

 

4. Orders that if the respondent does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board 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 their oath be made and without prejudice to any other action that may sometimes be brought.

 

Applicant: 23, Flat 2, Triq Malta Rebbieħa, Kalkara

 

Respondent: 23, Flat 1, Triq Malta Rebbieħa, Kalkara

Housing Authority

 

The application in the names David Ohayon vs Anthony Ciantar et, Application number 165/2021JD, has been postponed for hearing to the 10th December, 2021, at 12.00 p.m.

 

Registry of the Superior Courts, today 29th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1813

 

By means of a decree of the 1st March, 2021, of the Rent Regulation Board, in the records of the Application in the names Clifford Jones vs Darren Nigel Evans et, Application number 242/2020NB, the following publication was ordered for the purpose of effecting service on the respondents Darren Nigel Evans and Shereen Davies 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 Clifford Jones (ID 34696A) vs Darren Nigel Evans (ID 0172702A) and Shereen Davies (ID 0186306A) filed in the Rent Regulation Board, on the 17th December, 2021, the applicant Clifford Jones (ID 34696A) requested this Honourable Board why it should not:

 

1. Declare that the respondents failed to pay the rent for the month of June 2020 and also declare that the respondents did not abide with the agreement between the parties when they vacated the premises before the termination date established;

2. Order the respondents to pay in solidum between them to the applicant amount of €2000 representing the rent for the month of June 2020 and the amount of €8000 representing the rent from the 1st July, 2020, till the expiry of the contract;

 

3. Order the respondents in solidum between them to pay all the pending relative bills of water and electricity of the premises till the date and other costs representing the damage to the premises.

 

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: c/o 19, Triq San Mark, Valletta

 

Respondents: No 7, Manor Court, F, Triq it-Turisti, Buġibba SPB 1026

 

The application in the names Clifford Jones vs Darren Nigel Evans et, Application number 242/2020NB, has been postponed for hearing to the 10th December, 2021, at 9.40 a.m.

 

Registry of the Superior Courts, today 29th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

 

 

 

1814

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court.

 

By means of a decree given by this Court, on the 2nd November, 2021, following a request of Mary Grace Calleja et it was ordered that deputy curators be chosen to represent the interests of unknown persons in the records of the Sworn Application 985/2021 NC, in the names Mary Grace Calleja 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 Mary Grace Calleja (ID 95961M) and Joseph Mizzi (ID 218364M) vs Deputy Curators to represent the interests of unknown persons that in the past had any rights on the property with official number 86 that is found in Alley number 3 in Triq il-Grazzja, Ħaż-Żabbar, on the 5th October, 2021, the applicants Mary Grace Calleja (ID 95961M) and Joseph Mizzi (ID 218364M) requested this Honourable Court:

 

That the applicants have been entering and using the premises with official number 86 that is found in Alley number 3, in Triq il-Grazzja, Ħaż-Żabbar, throughout their lives;

 

That this same premises, before being in the possession of the applicants, were in the possession of their parents Francis Mizzi who died on the 30th September, 1978, and Salvina Mizzi who died on the 31st January, 1999;

 

That moreover they have never been molested in the possession of such premises and have never been approached by anyone who has exercised any rights over the same premises;

 

That neither the applicants nor their parents have ever paid any rent to anyone on the premsises with the official number 86 found in Alley number 3 in Triq il-Grazzja, Ħaż-Żabbar, and had always maintained this same premises as theirs and always used it and enjoyed it as theirs;

 

That the applicants are the only children of the deceased Francis Mizzi and Salvina Mizzi and due to the fact that both their parents died without a will, the appliants are the heirs of their parents and this according to law;

 

That the premises with official number 86 in Alley number 3 with it own airspace found in Triq il-Grazzja, Ħaż-Żabbar, free and unencumbered with all its rights and appurtenances is indicated both in causa mortis declaration that took place after the death of the applicant's father dated 30th January, 1979, and also in the causa mortis which took place after the death of their mother on the 3rd May, 1999.

 

That the applicants are finding it somewhat difficult to trace the root of title of this premises;

 

That therefore the applicants have an interest in being declared that they are the sole and exclusive owners of the tenement with official number 86 in Alley number 3, with its own airspace found in Triq il-Grazzja, Ħaż-Żabbar, free and unencumbered with all its rights and pertinences.

 

Accordingly, for the above reasons and all those that result during the course of the hearing of the case, the applicants respectfully request that this Honourable Court declare and decided that:

 

The applicants Mary Grace Calleja (ID 95961M) and Joseph Mizzi (ID 218364M) be declared as the sole and exclusive owners of the premises with official number 86 in Alley number 3 with its own air space, that is found in Triq il-Grazzja, Ħaż-Żabbar, free and unencumbered with all its rights and appurtenances.

 

With costs against the respondents who are from now summoned so that a reference to their oath be made.

Applicants: Mary Grace Calleja, 34, Catalpa, Triq Mons. Sidor Formosa, Ħaż-Żabbar

Joseph Mizzi, 75, Triq il-Baħrija, Ħaż-Żabbar

 

Notification: 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 Toni Abela, LLD, Doctor of Laws.

 

Today 2nd November, 2021

 

Registry of the Superior Courts, today 29th November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1815

 

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 Triq Antonio 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 sub-terrain, subject to the appartent 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 Raimondo 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 1938 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 share 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 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-owenrs 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 Anthony Agius Street previously New Street, Floriana, including the underlying cellar and the small yard or shaft forming an integral part of the same house, with all its rights and appurtenances, including the overlying airspace and the subterrain, subject to the apparent servitudes which are in situ, tale quale, 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-Imħazen, Floriana

Emanuel Raimondo, Block 3, Flat 7, Triq il-Fosos, Floriana

Joseph Raimondo, 19, Triq Dun Mikiel Xerri, Ħaż-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 November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1816

 

By means of a decree of the 12th July, 2021, in the records of the judicial letter number 115/2021, 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, Mais B, Triq Dun Franġisk Sciberras, Mellieħa, on the 14th January, 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to twenty two (22) bills of exchange from the account number 0344010004 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked Documents 39 to 60.

 

The interpellant calls upon so that within two day you pay the sum of €7,454.22 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 November, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1817

 

By decree given by the Civil Court, First Hall, on the 25th November, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 7th April, 2022, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room numbered 78, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

 

Flat numbered one (1) on the first floor of a block of two flats and underlaying garages, without number named Davpol, also with number thirty-six (36), Triq il-Mensija, San Ġwann, together with the relative share of the common parts in common with the underlaying flat, including the roofs. This flat is subject to annual and perpetual ground rent of forty-six euro and fifty-nine cents (€46.59), payable in advance on the first day of July every year. This block is bounded on the east by the said street, on the north by property of Carmelo Debono and on the south by property of Raymond Baldacchino as described in public contract of Notary Maurice A. Gambin acts, dated 7th November, 1994, and is being valued at one hundred and fifty thousand euro (€150,000)

 

The said tenement is the property of Michael Balzan Limited (C15764).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2018.

 

Registry of the Superior Courts, this Monday, 29th November, 2021

 

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

 

 

 

1818

 

Notice, Registry of The Civil Court, First Hall

 

Whereas Dr Frederick Ellul noe filed an application under oath (No. 1144/21/JVC) demanding the correction of the act of Public Registry of Enver Vasilyevich Kuzmin number 1801/2020 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 29th of November, 2021

 

Karen Falzon

For Registrar, Civil Courts and Tribunals

 

 

 

1819

 

By means of a decree given by the First Hall, Civil Court, by this Court (AD) on the 2nd September, 2021, in the records of the Application in the names Perit Joseph Attard vs Carmel Vella et, Application number 639/21 AD, the following publication was ordered for the purpose of service of the defendant Carmel Vella, 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 Perit Joseph Attard (ID 90880M) vs Carmel Vella (ID 336658M) Georgina Vella (ID 264859M) on the 1st July, 2021, the applicant Perit Joseph Attard (ID 90880M) asked this Honourable Court,

 

1. To condemn the defendants to come forward to the publication of the final deed of sale and transfer of all the shares as described in the preliminary agreement mentioned in the application and uphold the other demands in the application amongst which that there be fixed, a day, place and time in order that the contract be published.

 

With costs, as demanded in the Application against the defendants summoned so that a reference to their evidence be made.

 

The Application in the names Perit Joseph Attard vs Carmel Vella et, Application Number 639/21 AD, has been deferred for hearing to the 10th December, 2021, at 9.50 a.m.

 

Notify:  Carmel Vella, 150, Tal-Grazzja, Triq il-Fortizza, Mellieħa

 

Registry of the Superior Courts, today 29th November, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

1820

 

By decree given by the Civil Court, First Hall, on the 25th November, 2021, on the application of Bank of Valletta plc (C2833), Tuesday, 1st February, 2022, 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, Triq ir-Repubblika, Valletta, of the following property:

 

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

 

and

 

Basement level garage, internally numbered eight (8), occupied and can only be used for personal purposes accessible from a common ramp and drive in leading to Triq Mikiel Calleja abutting onto Triq San Tumas,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, 29th November, 2021

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

 

 

 

1821

 

DKR 274/2005 – CANCELLATION OF A FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 16th November, 2021, given by Criminal Court (Madame Justice Dr Edwina Grima, LLD) following an application filed by Simon Linton Sancto on the 9th of November, 2020, and following the execution of judgement given by the same Court on the 21st February, 2011, Bill of Indictment number 46/2007, in the case in the names:

 

The Republic of Malta

 

vs

 

SIMON LINTON SANCTO, 39 years, son of Keith and Angolina née Buttigieg, born in Victoria (Gozo), Malta, on the 29th October, 1982, residing at Sunrise, Pope Piju IX Street, Qala (Gozo), Malta, and holder of identity card bearing number 32282G.

 

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Simon Linton Sancto, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Joseph Apap Bologna, LLD) by a decree dated 9th December, 2005.

 

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

 

Today, 19th November, 2021

 

Registry of the Courts of Criminal Jurisdiction (Malta)

 

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

 

 

 

1822

 

Notice in terms of article 495A of the Civil Code

 

Issued by the Court of Magistrates (Gozo)

 

Superior Jurisdiction, General Section

 

Application number: 49/2021 BS

 

Application in terms of Article 495A of the Civil Code

 

i) Carmel Dalli (ID 77749G), of Stars & Sripes Forever, Triq l-Isqof M. F. Buttigieg, Nadur, Gozo;

ii) Carmen sive Carmela Dalli (ID 68852G), c/o Bonello, Triq David Cocco Palmieri, Nadur, Gozo;

iii) Annie Camilleri (ID 23551G), of Camilleri House, Triq David Cocco Palmieri, Nadur, Gozo, in her own name, as well as for and in the interests of Jason Joseph sive Jason Dalli, holder of American passport number 549856031, residing in the United States of America, as duly authorised by means of a power of attorney;

iv) Graziella Fiteni (7292G), who by means of a Decree of the Court of Magistrates (Gozo), Voluntary Jurisdiction, dated the 24th May, 2021, was appointed curator of Regina Zahra (ID 301850M) of Id-Dar Taghna, Triq Wara s-Sur, Victoria, Gozo;

v) Jean Sylvia Bertha sive Jean Portelli (ID 381600L) of 9, Triq il-Mithna l-Qadima, Nadur, Gozo, in her own name, as well as for and in the interests of Carmelo sive Charlie Zahra (ID 21257G), residing in the United States of America, as duly authorized;

vi) Carmel Camilleri (ID 59252G) of Sweet America, Triq il-Qala, Nadur, Gozo;

(vii) Mary Buttigieg (ID 64650G), of Brock House, Triq il-Qala, Nadur, Gozo;

viii) Joseph Camilleri (ID 33249G) of Toronto, Triq il-Qala, Nadur, Gozo;

ix) Anthony Portell (ID 13659G) of Home Sweet Home, Triq l-Arc. Saver Cassar, Nadur, Gozo;

x) Coronato sive Corun Portelli (ID 44849G) of Anthony House, Triq ta' Grunju, Nadur, Gozo;

xi) Josephine Buttigieg (ID 154G) of In God We Trust, Triq l-Isqof Baldassare Cagliares, Qala, Gozo;

(xii) Mary Farrugia (ID 15651G) of Michael, Triq is-Sette Giugno, Victoria, Gozo;

xiii) Joseph Portelli (ID 50756G) of April Love, Triq it-Torri ta' Kenuna, Nadur, Gozo, in his own name, and for and in the interests of his sister Suor Giuliana, at birth Carmela Portelli (ID 6748G), residing at the Monastery of Saint Ursula, Triq Sant'Orsla, Valletta, Malta;

xiv) Josephine Galea (ID 20952G) of In God We Trust, Triq San Ġakbu, Nadur, Gozo, in her own name and for and in the interest of Ginesia sive Ginisja Galea (ID 63833G) of 3, Triq San Ġakbu, Nadur, Gozo;

xv) Coronata Cordina (ID 45842G) of 3, Triq San Ġakbu, Nadur, Gozo;

xvi) Carmelo sive Charles Gauci (ID 8461G) of 3, Triq it-Tramuntana, Nadur, Gozo;

xvii) Joseph Gauci (ID 43462G) of 3, Triq it-Tramuntana, Nadur, Gozo;

xviii) Carmela Costa (ID 6040G) of 29, Triq Ġużè Ellul Mercer, Nadur, Gozo;

xix) Josephine Buttigieg (ID 24944G) of Maple Leaf, Triq il-Qala, Nadur, Gozo;

xx) Josephine Camilleri (ID 12668G) of Peaceful, Triq tad-Duru, Nadur, Gozo;

xxi) Victor Attard (ID 7870G) of 66, Triq San Ġakbu, Nadur, Gozo;

xxii) Michael Falzon (ID 1565G) of Seamist, Triq San Ġużepp, Qala, Gozo;

xxiii) Carmel Attard (ID 56461G) of Joscar, Triq l-Indipendenza, Xewkija, Gozo;

xxiv) Jane sive Giovanna Caruana (ID 20069G) of 18, Black Pearl, Triq Salvu Attard, Qala, Gozo;

 

vs

 

By a decree dated 25th November, 2021, Dr Deborah Camilleri has been nominated as deputy curator to represent Erik Dalli and Janna sive Ganna Mokshai who reside abroad and by a decree dated 23rd November, 2021, Marvin Camilleri bhala special mandatory of Loreto known as Lorry Camilleri as authorised to represent Loreto known as Lorry Camilleri.

 

Application of all the above-mentioned applicants, made in terms of Article 495A of Cap. 16 of the Laws of Malta.

 

Humbly submit and applicant Annie Dalli hereby confirms on oath:

 

i) That applicants are owners of eighty three thousand, two hundred and sixty-five undivided shares out of ninety-four thousand and eighty, of the property having official number one (1) in Triq il-Buskett, Nadur, Gozo, with the adjacent garden, bounding on the south in part with Triq San Ġakbu, and in part with property of the Bugeja Family as successors in title of Family Said, east in part with Triq il-Buskett and in part with property of the successors in title of Family Said, and north with property of the successors in title of Family Said;

 

ii) That one thousand, five hundred and fifty-five undivided shares out of ninety-four thousand and eighty (1,555/94,080) pertain to Erik Dalli, who resides abroad, while two thousand, three hundred and ten undivided shares out of ninety-four thousand and eighty (2,310/94,080) pertain to Janna sive Ganna Mokshai;

 

iii) That the property in question has been commonly owned for more than ten years and none of the owners had ever initiated an action before any Court or Tribunal for the division thereof;

 

iv) That applicants have found sale of the above-described property, and this as results from the copy of the promise of sale agreement dated the 16th December, 2019, as subsequently corrected by means of another agreement dates the 2nd March, 2021, which promise of sale agreement is subject to the acquisition of the remaining shares;

 

v) That applicants, as owners of the majority of shares of the property in question, have agreed to sell the same for the price, in its entirety, of one hundred thirty thousand euro (€130,000), which price is just and reflective of the actual market value, and this as results from the herewith attached report, drawn up by an architect;

 

vi) That respondents will not be gravely prejudiced should this Honourable Court order the sale to take place;

 

vii) That there is, therefore, no justification why respondents should not appear on the same sale.

 

Hence, applicants humbly request this Honourable Court, in terms of Article 495A of Cap. 16 of the Laws of Malta, and other relevant dispositions of the same Cap. 16 of the Laws of Malta, to:

 

i) Authorise the sale of the property having official number one (1), in Triq il-Buskett, Nadur, Gozo, with the adjacent garden, bounding on the south in part with Triq San Ġakbu, and in part with property of the Bugeja Family as successors in title of Family Said, east in part with Triq il-Buskett and in part with property of the successors in title of Family Said, and north with property of the successors in title of Family Said, and this for the global price of one hundred and thirty thousand euro (€130,000);

 

ii) Consequently order that the same sale is concluded subject to the conditions agreed upon in the above-mentioned promise of sale agreement;

 

iii) Appoint Notary Public Dr Maria Vella Magro to publish the notarial act on the date, time and place that this Honourable Court establishes, and to appoint deputy curators to appear for and on behalf of those who fail to appear on the same deed.

 

Expenses to be shouldered by respondents.

 

The application is appointed for hearing for Thursday, 9th December, 2021, at 8.00 a.m.

 

Registry of the Court of Magistrates (Gozo)

 

This 29th November, 2021

 

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

 

 

 

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