1262
Notice in terms of article 495A (3) of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section
In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section
Application in terms of Article 495A of the Cap. XVI of the Laws of Malta.
Sworn Application number 116/2022
Alice sive Helen Frix-Ross (ID 41247G) in her own name and as representative of the expatriates Mary Said, Ryan Adam Whitlock, Martin Moore, Shaun Robert Liam Moore, Michelina sive Kelly Barton;
Stephen Joseph sive Stephen Mifsud (KI 375112L),
Michael Said (KI 85148G),
Advocate Alex Borg in his capacity of curator of the vacant inheritance of Saviour sive Salvu Said
vs
Advocate Dr Deborah Camilleri who by virtue of decree dated the 3rd May, 2023, was appointed as deputy curator to represent the absent Lisa Mifsud and Michael Said son of Gerald.
Sworn Application in terms of Articles 495A of Cap. XVI of Alice sive Helen Frix-Ross pro et noe et.
Respectfully sheweth:
i. That all the applicants except for the lawyer Dr Alex Borg nomine are owners pro indiviso together with the defendants of the following properties:
a) Premises number five (5) in Alley Number One (1) in Triq Ta' Żrajk previously known as Triq Ta' Ħanaq, Nadur, Gozo, with an annexed garden, in all measuring circa two hundred and forty-three square metres (243 sq.m.);
b) The portion of land in the homonymous area known as 'Tal-Furnar' in Triq Għajn Qasab, Nadur, Gozo, measuring approximately three hundred and eighty-three square metres (383 sq.m.) bounded on the south-west by Triq tar-Ramla and on the other sides by property of third parties unknown to the applicants;
c) The portion of land situated inwards from the road in Triq it-Tiġrija, Nadur, Gozo, measuring approximately eighty-seven square metres (87 sq.m.), bounded on all sides by third-party property unknown to the applicants;
ii. That all the applicants are co-owners of the property number ninety (90) in Triq il-Knisja, Nadur, Gozo, in undivided one quarter (1/4) shares which belong to the inheritance of Saviour known as Salvu Said represented by the curator of the vacant estate, the lawyer Dr Alex Borg appointed by decree of the Court of Magistrates (Gozo) Voluntary Jurisdiction of 23rd September, 2022 (Decree number 116/2022/BS attached and marked 'A'), and three quarters (3/4) undivided to the other applicants between them together with the respondents;
iii. That the said properties devolved on the applicants through an inheritance, and this will also be explained in the course of the lawsuit, and the property has been held in common between the parties for well over three (3) years;
iv. That the applicants found the opportunity to sell these premises, and entered into three promise of sale agreements with Raymond Azzopardi for the sale of the same; the first promise of sale agreement was entered into on the 8th February, 2021 (annexed and marked 'B'), the second promise of sale agreement was entered into on the 26th February, 2021 (annexed and marked 'C'), while the third promise of sale agreement was entered into on the 22nd March, 2021 (annexed and marked 'D') duly registered with the Tax Department for all purposes of the law;
v. That the applicants are not in a position to sell the whole of the said properties given that the defendants Lisa Mifsud and Michael Said, who respectively have the quota of six out of seventy (6/70) undivided parts each of the properties described in paragraphs A, B and C above and a quota of nine out of one hundred and forty parts (9/140) undivided each of premises number 90, Triq il-Knisja, Nadur, are not giving their consent for this sale, and therefore the applicants are availing themselves of the provisions under article 495A of Cap. XVI of the Laws of Malta so that the sale relative to the whole is approved and executed under the authority and by order of this Court;
vi. That the applicants between them have the majority quota of fifty-eight out of seventy parts (58/70) undivided out of the properties described in paragraphs A, B and C above and a quota of sixty-one out of seventy parts (61/70) undivided out of the property at number 90, Triq il-Knisja, Nadur, according to a prospectus with the shares that each and every one of the parties have, exhibited and marked 'E', which prospectus also shows the value of each quota that the parties have of the price agreed with the purchaser as required by article 495A(2) of the Cap. XVI;
vii. That according to the best valuations that the applicants have, the sale price of the property is fair and real, and reflects the commercial price, as it results from the attached appraisals marked 'F', 'G' and 'H';
Therefore, in view of the above, the respondents are to say why this Honourable Court should not:
1. Authorise the sale of the property described above in accordance with the terms and conditions indicated in the promise of sale agreements of the 8th February, 2021, regarding the sale of premises number five (5) Alley Number One (1), Triq Ta' Żrajk formerly known as Triq Ħanaq, Nadur, Gozo; of the 26th February, 2021, regarding the sale of property number ninety (90), Triq il-Knisja, Nadur; and of the 22nd March, 2021, regarding the sale of the portions at Triq Għajn Qasab and Triq it-Tiġrija, Nadur, Gozo;
2. Fix the date, time and place where the same contract or contracts of sale shall be published;
3. Appoint Notary Joel Grima to publish the contract or relative contracts;
4. Confirm the deputy curator appointed in these proceedings to appear on the public deed relative to the absent Lisa Mifsud and Michael Said;
5. Give those orders and directions to the appointed Public Notary and/or to the appointed curator so that after the publication of the deed or deeds of sale, whoever of them proceed to deposit under the authority of this Honourable Court the share belonging to the absent respondents from the sale proceeds.
And all this as per orders that this same Honourable Court deems appropriate and opportune.
With all costs against the respondents who are as of now summoned for their oath.
(signed) Advocate Dr Mario Scerri
This sworn application is set for hearing on the 6th of October 2023, at 8.30 a.m., at the Gozo Court building, Cathedral Square, Victoria, Gozo.
Registry of Gozo Courts and Tribunals, this 3rd May 2023
Margaret De Battista
Assistant Registrar, for the Registrar
1263
By means of a decree of the 25th April, 2023 of the Rent Regulation Board, in the records of the Application in the names Wesley Ellul et vs Priscilla Vella, Application number 99/2023JM, the following publication was ordered for the purpose of effecting service on the respondent Priscilla Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the names Wesley Ellul (ID 221096M) and his wife Rebecca Ellul (ID 180086M) vs Priscilla Vella (ID 263484M) filed before the Rent Regulation Board, on the 24th February, 2023, the applicant Wesley Ellul (ID 221096M) and his wife Rebecca Ellul (ID 180086M) requested this Honourable Board to:
1. Determine and decide this case without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta according to the requests of the applicants;
2. Declare and decide that the respondent has failed to pay the amount due under the terms of the lease agreement dated 9th May, 2022, and this in violation of the same contract;
3. Declare and decide that therefore the lease by virtue of the lease agreement dated 9th May, 2022, is dissolved and terminated according to the same contract, the respondent is occupying and retaining the same premises without a valid title at law and has to return its possession to the same applicants;
4. Condemn the respondent so that within a short and peremptory time as fixed by this Board, she vacates and leaves unoccupied the premises Flat 3, No 1, Triq it-Troll, Ħaż-Żebbuġ, of all personal belongings and hands over the possession of the same premises to the applicants;
5. Liquidate the amount that the respondent must pay to the applicants, including any amount due for any legal occupation of the premises by the respondent up to the date of the effective eviction;
6. Condemn the respondent to pay the applicant the amount liquidated.
With costs, including those of the judicial letter 166A holding number 2105.2022 against the respondent who is from now summoned so that a reference to her oath be made.
Reserving any other action by the applicants against the respondent.
Applicant: Wesley Ellul et, The Corkscrew, Triq il-Kbira, Ħal Qormi
Notification respondent: Priscilla Vella, Flat 3, No. 1, Triq it-Troll, Ħaż-Żebbuġ
The application in the names Wesley Ellul et vs Priscilla Vella, Application number 99/2023JM has been postponed for hearing to the 27th June, 2023, at 9.30 a.m.
Registry of the Superior Courts, today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1264
Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court, on the 18th May, 2023, following a request of Shanelle Farrugia it was ordered that deputy curators be chosen to represent the absentee Johansson Alexander Klas, in the records of the Sworn Application 131/2023AL, in the names Shanelle Farrugia vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the Civil Court (Family Section), in the names Shanelle Farrugia vs Deputy Curators to represent the absentee Johansson Alexander Klas, on the 18th May, 2023, the applicant Shanelle Farrugia (ID 337694M) requested this Honourable Court so that it:
1. Grants the full and exclusive care and custody of the minor … omissis … to the applicant;
2. Orders that any decision that concerns the minor, inter alia and especially regarding education and health of the minor, be taken exclusively by the applicant;
3. Orders that the competent authorities issue a passport for the minor and that it be renewed when the case is with the applicant's signature only;
4. Fixes maintenance which is to be paid by the respondent to the applicant for the same minor according to law whenever the case may be.
With all costs against the respondent who is now summoned so that a reference to his oath be made, if required.
Applicant: 63, Shanburk, Triq Santa Margerita, Cospicua
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 (Family Section), above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLD , Doctor of Laws.
Today 31st May, 2023
Registry of the Civil Court (Family Section), today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1265
It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 6th June, 2023, and upon an application numbered 3/2022, ordered:
The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth bearing the number 1084/2015 so that the name and surname of Jasmine Rose Lawrence appears as 'Jazz Lawrence' and not 'Jasmine Rose Lawrence'.
Court of Revision of Notarial Acts, today Thursday, 8th June, 2023
ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)
Deputy Registrar, Court of Revision of Notarial Acts
1266
It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 8th of June, 2023 (Application number 70/2019BS), Bernarda sive Bernardette Muscat, unemployed, wife of same Andrew Muscat, daughter of Coronato Ellul and the late Pia née Zammit, born in Victoria, Gozo, and residing in Nadur, Gozo, holder of identity card number 39264G, has been confirmed temporarily incapacitated from all acts of civil life, which incapacitation is temporary for the period of one year for all transactions which involves money and payments.
Andrew Muscat, self-employed, son of the late Peter Paul Muscat and Grezzja née Pisani, born in Rabat, Gozo, and resides in Nadur, Gozo, holder of identity card number 49858G, has been nominated as her curator, by virtue of the said decree.
Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction this 9th of June, 2023
Daniel Sacco
For the Registrar, Gozo Courts and Tribunals
1267
By means of a decree of the 30th May, 2023, of the Civil Court (Family Section), in the records of the Application in the names Saviour sive Sammy Sammut vs Maria sive Mary Agius, Application number 177/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Maria sive Mary Agius 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 Saviour sive Sammy Sammut (ID 465961M) vs Maria sive Mary Agius (ID 572463M), filed in the Civil Court (Family Section), on the 29th March, 2023, the applicant Saviour sive Sammy Sammut requested this Honourable Court to:
1. Pronounce the dissolution of the marriage between the parties;
2. Order the Registrar of Courts so that within the time given by this same Court, he notifies the Director Public Registry about the divorce of the parties so that this is registered in the Public Registry.
Applicant: 73, Wied il-Għasel, triq Sir Arthur Borton, Mosta
Notification respondent: Rosewood, 240, Triq il-Midra, Mellieħa
The application in the names Saviour sive Sammut Sammut vs Maria sive Mary Agius, Application number 177/2023AL, has been postponed for hearing to the 22nd June, 2023, at 9.15 a.m.
Registry of the Civil Courts (Family Section), today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1268
By means of a decree of the 29th March, 2023, in the records of the judicial letter number 26/2023, in the names United Acceptances Finance Ltd vs Sean Bamber, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Sean Bamber (ID 597691M) of 2, New Aurora, Triq S. Cannataci, Swieqi, on the 3rd January, 2023, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to twelve (12) bills of exchange from the account number 0307320394 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 numbers 29 to 40.
The interpellant calls upon so that within two days you pay the sum of €3,360 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 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1269
By means of a decree of the 25th April, 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 240/2023 in the names Automated Revenue Management Services Limited noe vs Matthew Hayes, the following publication was ordered for the purpose of effecting service on the respondent Matthew Hayes in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
Today 23th January, 2023
To Matthew Hayes (ID 216670M) of Flt 1, 11, St Andrew, Triq H. Calleja Schembri, Msida
By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,511.83, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations and the water supply regulations together with interest due on the amount according to law regarding utility bills number 101000046967 regarding the premises Flt 1, 11, St Andrew, Triq H. Calleja Schembri, Msida.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
Registry of the Court of Magistrates (Malta), today 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1270
By means of a decree of the 31st August, 2022, given by the Civil Court First Hall in the records of judicial letter number 735/2022, in the names Registrar of Civil Courts and Tribunals vs Vella Laurenti Anna Maria née Naizer, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur Cap. 12.
In the First Hall of the Civil Court
Today 23rd February, 2022
To Vella Laurenti Anna Maria née Naizer of 41, Amethystm, Triq it-Tridenti, Swieqi
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €980.50 due by you as Registry fees in connection with the law suit in the names:
Vella Laurenti Anna noe vs Colombo Dr Raisa et noe (MH), decided on the 29th October, 2021
You can also pay online by accessing the website (ecourts.gov.mt) and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance
With costs
Registry of the Superior Courts today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1271
By means of a decree given on the 17th May, 2023, in the records of the judicial letter number 367/2023, in the names Permanent Secretary in the Ministry for Health vs Leslie Falquenza, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Leslie Falqueza (ID 169953A) of Shamal Court, Flat 1, Triq is-Seneskalk, San Pawl tat-Tarġa, Naxxar NXR 1235, on the 1st February, 2023, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €1948.36 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government, Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
Registry of the Court of Magistrates (Malta), today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1272
By means of a decree of the 20th March, 2023, in the records of the judicial letter number 4771/2022, in the names Lombard Bank Malta plc vs Ian Camilleri et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 10th November, 2022
To Ian Camilleri (ID 85069M) as principal debtor and Star Construction Limited (C41971 as surety in solidum
By means of this present, Lombard Bank Malta plc of number 67, Triq ir-Repubblika, Valletta, refers you to the deed of loan in the records of Notary Doctor Mark Coppini dated 11th June, 2008, a legal copy of it is here attached and marked as Doc. A, is being rendered executive title in virtue of the present, and thus solicit you in solidium so that within seven (7) days from the date of notification of this letter you pay the amount of €319,164.86 balance of the debt in the loan account according to the statement here attached and marked as Doc. B with interest calculated till the 30th September, 2022, besides further interest from the 1st October, 2022, till the date of effective payment.
In default of payment the interpellant bank warns you that further procedures will be taken against you in solidum in execution of its executive title without further notice.
So much that you know how to proceed.
With costs and legal interest
Notification: Star Construction Limited, Spinola Court, Block A, Flat 37, Triq Fuq il-Ġonna, Swieqi
Ian Camilleri, Spinola Court, Block A, Flat 37, Triq fuq il-Ġonna, Swieqi
Registry of the Superior Courts, today 9th June 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1273
By means of a decree of the 23rd February, 2023, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 397/2023 in the names Regulator for Energy and Water Services vs Garrett Zerafa, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Garrett Zerafa (ID 429484M) of 72, Triq il-Pont, Mellieħa MLH 2800, on the 1st February, 2023, Regulator for Energy and Water Services of Zentrum Business Centre, Level 1, Triq l-Imdina, Ħal Qormi, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A and calls upon you so that within ten (10) days you pay the sum of €2,300, which amount is due by you as a final and conclusive liquidation for payment of arrears for license rights bearing reference SP 2551 from the year 2019 till the year 2022 – for the swimming pool in the premises 72, Triq il-Pont, Mellieħa MLH 2800, and for penalties of late payment regarding the same in terms of Cap. 545 of the Laws of Malta and of the subsidiary legislation 545.07.
In default of payment or opposition on your part according to the aforementioned article 466, the applicant Regulator will proceed to issue executive warrants against you according to law.
With costs of this act
Registry of the Courts of Magistrates (Malta) today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1274
By means of a decree of the 14th October, 2022, in the records of the judicial letter number 3367/2022, in the names Malta Gaming Authority vs Join Games Malta Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company Join Games Malta Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
Today 8th August, 2022
To Join Games Malta Limited (C65829) of 2C, 1st Floor, Forni Complex, Valletta Waterfront, Floriana FRN 1913, Malta
By means of the present letter, the Malta Gaming Authority of Building SCM02-03, Level 4, SmartCity Malta, Ricasoli SCM 1001, notifies you with the attached sworn declaration marked as Document A for all the effects and purposes of Article 466 of Cap. 12 of the Laws of Malta and is soliciting you to pay the amount of €25,000 which amount is certain, liquid and due for the payment regarding the licences in the name of the same company with numbers MGA/B2B/321/2016 and this as described hereunder:
1. The amount of €25,000 as payment for the licence for the year 2020.
Notwithstanding the fact that you were solicited several times by the interpellant to come forward for the payment of the amount due, you failed to pay till the date of this letter.
This act is being sent to you for all the purposes and effects at law and in default of payment or opposition on your part within the time given in article 466 of Cap. 12 of the Laws of Malta, the interpellant will proceed to enforce this claim according to law.
So much so that you regulise yourself and to avoid useless costs and procedures.
With costs and legal interest till the day of effective payment.
Registry of the Superior Courts, today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1275
By a decree of the Small Claims Tribunal of the 21st March, 2023, the publication of the following extract was ordered for the purpose of service on the respondent company Blue Sky Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Briiz Technologies Ltd (C75059) of 682, High Street, Ħamrun, filed a Claim on the 16th March 2023, whereby they asked the Tribunal to condemn Blue Sky Limited (C86559) of Ajiree Court, 105, Triq Testaferrata, Ta' Xbiex XBX 1402, to pay the plaintiff the amount of €1932.84, which amount is due to the plaintiff.
With costs and interest
The case (Claim number 86/2023SFJ) is deferred on the 5th July, 2023, at 12.30 p.m.
Registry of the Courts of Magistrates (Malta), today 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1276
By a decree of the Small Claims Tribunal of the 3rd January, 2023, the publication of the following extract was ordered for the purpose of service on the respondent company Starbuono Coffee International Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Charles Grech & Co. Limited (C2473) of Triq il-Wied, Msida, filed a Claim on the 29th December, 2022, whereby they asked the Tribunal to condemn Starbuono Coffee International Limited (C69201) of 2A Delmar, Flat 1, Triq Brared, Birkirkara, and Kenneth Cole to pay the plaintiff the amount of €1209.76, which amount is due to the plaintiff.
With costs and interest
The case (Claim number 356/2022DBM) is deferred on the 6th July, 2023, at 12.30 p.m.
Registry of the Courts of Magistrates (Malta), today 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1277
By a decree of the Small Claims Tribunal of the 30th May, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Joe Maxwell in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Housing Authority of 22, Triq Pietro Floriani, Floriana, filed a Claim on the 12th April, 2023, whereby they asked the Tribunal to condemn Joe Maxwell (ID 41354A), to pay the Authority the sum of €1,070.26, which amount is due to the Authority.
With costs and interests
The case (Claim number 136/2023SFJ) is deferred on the 20th June, 2023, at 12.30 p.m.
Registry of the Courts of Magistrates (Malta), today 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1278
By a decree of the Small Claims Tribunal of the 23rd June, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Michael John Stockdale in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Clayton Formosa (ID 0515895M) of Candlelight, Triq it-Tin, Żurrieq ZRQ 2570, filed a Claim on the 5th May 2022, whereby he asked the Tribunal to condemn Michael John Stockdale (ID 29544A) of 85, Flat 1, Triq Sir Harry Luke, Mġarr MGR 1504, to pay the plaintiff the amount of €2,388, which amount is due to the plaintiff.
With costs and legal interest
The case (Claim number 123/2022MD) is deferred on the 13th July, 2023, at 12.05 p.m.
Registry of the Courts of Magistrates (Malta), today 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
1279
By a decree of the Court of Magistrates (Malta) of the 20th March, 2023, the publication of the following extract was ordered for the purpose of service on Pietro Galioto in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, St Julian's, filed a Claim on the 13th March, 2023, whereby they asked the Court to condemn Loredana Galea Cilia and Pietro Galioto (ID 256501A) of 31 Simpson Ville, Vjal it-Trasfigurazzjoni, Lija, to pay the plaintiff company the sum of €8,072.53, which amount is due to the plaintiff company.
With costs and legal interests
The case (Notice number 66/2023VGA) is to be heard before Magistrate Dr Victor G. Axiak, LLD
Notification: Pietro Galioto (ID 256501A) of 31 Simpson Ville, Vjal it-Trasfigurazzjoni, Ħal Lija
Registry of the Courts of Magistrates (Malta), today 9th June 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1280
Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 26th May, 2023, following a request by Commissioner for Revenue it was ordered that deputy curators be chosen to represent the absent Baldassare Accardo pro et noe in the acts of the judicial letter number 2135/2023 in the names Commissioner for Revenue vs Deputy Curators and in the other relative and subsequent acts.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 24th May, 2023, by The Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, against deputy curators to represent the absent Baldassare Accardo (Italian passport number AU2695113) in his own name and as director for and on behalf of the company Zenith Project Limited (C63610), the Commissioner for Revenue 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 amount of €794,271.61 representing the amount due by you pro et noe as Value Added Tax 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, and particularly but not exclusively, in order to render the executive title that the same Commissioner of Revenue has against you by means of a notice sent to you.
If you fail to abide with this calling you are informed that the Commissioner of Revenue 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 yourself and to proceed.
Interpellant: Commissioner for Revenue, Block 5, Triq Vincenzo Dimech, Floriana
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 Francesco Depasquale, LLD, Doctor of Laws.
Today 26th May, 2023
Registry of the Superior Courts, today 9th June, 2023
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
1281
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th May, 2023, Application number 928/2023, by Philip Mercieca et whereby they requested that it be declared open in favour of Paul Mercieca and Philip Mercieca children of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Francesca Saveria Mercieca, widow of Arturo Mercieca, daughter of the late Giovanni Grech and Martha Grech née Orr, born in Floriana, Malta, resided in Tas-Sliema and died in Msida, Malta, on the 10th December 2022, aged 97, and who held identity card number 0261125M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1282
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th May, 2023, Application number 907/2023, by Christina Tabone et whereby they requested that it be declared open in favour of Christina Tabone 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 John Frank Tabone, Philippa Tabone and Andrew Tabone children of the decujus in equal shares between them the succession of John Tabone, husband of Christina Tabone née Urpani, son of the late Francis Tabone and Evelina Tabone née Borg, born in Tas-Sliema, Malta, resided in Ħal Balzan, Malta, and died in Msida, Malta, on the 25th December, 2022, aged 71, and who held identity card number 0198751M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1283
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th May, 2023, Application number 865/2023, by Rita Gerada whereby she requested that it be declared open in her favour the succession of Cristiano Gilford, bachelor, son of the late Michael Gilford and Maria Gilford née Galea, born in Senglea, resided in Fgura and died in Ħal Luqa, Malta, on the 17th April 2021, aged 73 and who held identity card number 0498247M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1284
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st April, 2023, Application number 771/2023, by Mary Zammit et whereby they requested that it be declared open in favour of Mary Zammit, John Mary sive Jimmy Camilleri, Josephine Vella, Anthony Camilleri, Maria Dolores Vella and Raymond Camilleri children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Anna Camilleri, widow of Dominic Camilleri, daughter of the late Giovanni Maria Sant and Maria Sant née Sant, born in St Paul's Bay, Malta, resided in St Paul's Bay, Malta, and died in Ħal Luqa, Malta, on the 3rd Apri, 2016, aged 88, and who held identity card number 356327M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1285
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th April, 2023, Application number 817/2023, by Doreen Zammit et whereby they requested that it be declared open in favour of Doreen Zammit 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 John Paul Zammit, Andrea Zammit and Josmar Zammit children of the decujus in equal shares between them the succession of John Zammit, husband of Doreen Zammit, son of the late John Zammit and Catherine Zammit née Schembri, born in Ħ'Attard, Malta, resided in Mqabba, Malta, and died in Birżebbuġa, Malta on the 25th September 2022 aged 51 and who held identity card number 179271M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1286
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th May, 2023, Application number 887/2023, by Gabriella Fedeli whereby she requested that it be declared open in favour her favour the succession of Vittorio Coppola, husband of Gabriella Fedeli, son of the late Felice Coppola and Gerarda Anselmi, born in Ruma, Italy, and died in Msida, Malta, on the 2nd March, 2022, aged 81, and who held identity card number 0060124A.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1287
By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th May, 2023, Application number 882/2023, by Anna Meilak whereby she requested that it be declared open in favour of Guido Calleja son 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 Anna Meilak daughter of the decujus the succession of their mother Gemma Calleja, widow of Anthony Calleja, daughter of the late Giuseppe Mamo and Concetta Mamo née Debono, born in Cospicua, Malta, resided in Tas-Sliema, Malta, and died in Msida, Malta, on the 19th January, 2023, aged 89, and who held identity card number 0563333M.
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 9th June, 2023
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
1288
It is hereby notified that by virtue of a decree given on the 9th of June, 2023, given by the Rent Regulation Board (Gozo), in application number 8/2023(SG) in names 'Francis sive Frankie Buttigieg versus Rose Xuereb et' filed in the Registry of the said Board on the 10th of April, 2023, the publication of the extract reproduced below was ordered and this in order to serve as notification with regard the respondent Rose Xuereb (identity card number 840638G) of 4, Triq Fuq il-Għajn, Għajnsielem, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.
In the Rent Regulation Board (Gozo)
Application number 8/2023 (SG)
Francis sive Frankie Buttigieg (ID 20271G), Garden Flats, 1, Triq il-Ġnien, Għajnsielem, Gozo
vs
Rose Xuereb (identity card number 840638G), 4, Triq Fuq il-Għajn, Għajnsielem, Gozo
Housing Authority, 22, Triq Pietro Floriani, Floriana
Application by Francis sive Frankie Buttigieg,
Respectfully submits:
1. Whereas the applicant is the owner of the property 4, Triq Fuq il-Għajn, Għajnsielem, which property he acquired through succession from the inheritance of his deceased grandparents;
2. Whereas the claimant's grandparents, namely Loreto Xuereb and Antonia Xuereb died in June 2012 and February 2012 respectively and by means of a unica charta will dated 1st of March, 2001, in the records of Notary Dr Maria Vella Magro, a copy of which is attached herewith and marked as Document A, the said Loreto and Antonia spouses Xuereb bequeathed by title of legacy the property number 4, in Triq Fuq il-Għajn, Għajnsielem, to their nephew Frankie Buttigieg, namely the present applicant;
3. Whereas by virtue of a declaration causa mortis of the 19th of November, 2012, in the records of Notary Dr Maria Vella Magro, a copy of which is attached herewith and marked as Document B the applicant declared to the Commissioner of Internal Revenue the property in question;
4. Whereas the premises in question is not a decontrolled premises as is shown in the certificate attached herewith and marked as Document C;
5. Whereas this property was leased to the respondent Rose Xuereb and her late husband Amabile Xuereb, with a measly annual rent, today payable annually in advance for circa €227 per annum and this as appears from an extract of the lease receipt booklet herewith attached and marked as Document D;
6. Whereas in terms of Act XXIV of 2021, namely the Controlled Residential Leases Reform Act, the respondent is the recognised tenant of the dwelling house based on this meaning, according to any law which was in force on the 1st of June, 2021;
7. Whereas in terms of Article 4A(3)(c) of Cap. 69 of the Laws of Malta, at the initial stage of the proceedings, the Board shall carry out the means test of the lessee which shall be based on the means test established in the Regulations on the Continuation of Lease (Means Test Criteria) issued under Article 1622A of the Civil Code, and any other regulations that substitute them based on the tenant's income between the 1st of January and the 31st of December, 2022, and on the lessee's capital on the 31st of December, 2022;
8. Whereas in terms of Article 4A(4), if the lessee does not meet the income and capital criteria of the means test, the Board shall, after hearing evidence and submissions submitted by the parties, concede a period of two years for the dwelling house to be vacated.
Therefore, the respondent should state, prior to any necessary and opportune declaration, and for the aforementioned reasons, why this Honourable Board should not:
1. declare and decide that the respondent Rose Xuereb is the tenant of the claimant in premises 4, Triq Fuq il-Għajn, Għajnsielem, and qualifies as a tenant of a dwelling house based on this meaning, and in terms of Article 2 of the Ordinance Regulating the Renewal of Building Rent and the Housing Act as amended by Act XXIV of 2021;
2. Order that the means test of Rose Xuereb be carried out on the means test established in the Regulations on the Continuation of the Lease (Means Test Criteria) issued under Article 1622A of the Civil Code, and any other regulations that substitute them based on the tenant's income between the 1st of January and the 31st of December, 2022, and on the tenant's capital on the 31st of December, 2022;
3. Declare and decide that under the terms of Act XXIV of 2021, the rent must be revised to an amount that does not exceed 2% percent per year of the free and open market value of the property 4, Triq Fuq il-Għajn, Ghajnsielem;
4. order, in the event that the respondent Rose Xuereb does not meet the income and capital criteria of the means test, the eviction of the same respondent from the premises in question, within a short and peremptory period established by this Board and not later than two years.
With costs and with the summons of the respondent for her oath and with reservation and without prejudice to any other action that has been or may eventually be presented.
(signed) Advocate Edward DeBono
Advocate Nicholas DeBono
Legal Procurator Adriana Buhagiar
The application is scheduled for hearing on the 19th of June, 2023, at 1.05 p.m. in the Gozo Court building, Cathedral Square, Victoria, Gozo.
Today, the 12th of June, 2023
Registry of the Gozo Courts and Tribunal
Margaret De Battista
Assistant Registrar, for the Registrar
1289
By decree issued by the Civil Court, First Hall, Commercial Section, on 24th May, 2023, in the acts of Sworn Application number 28/2023ISB, which was presented on 18th April, 2023, in the names: Wied Għomor Quarry Ltd et vs Borg Marthese et the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Order the Registrar of Companies to invalidate the registration of the transfer of the name of Michael Galea in favour of Marthese Borg and Joseph Borg as director of the same society, and delete the information on the register of companies and/or the publication of any notice or document sent to him in this regard and corrects the information concerning Wied Ghomor Quarry Ltd (C20935) on the register of companies. With costs against the defendants from now summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 6th October, 2023, at 9.30 a.m.
Notification Respondent: Borg Marthese, 36, Casa Maria Teresa, Triq il-Plejju, Birkirkara
Register of the Superior Courts, today 12th June, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
1290
By decree given by the Civil Court, First Hall on the 27th February, 2023, on the application of Belair Development and Construction Company Limited (C1840), Thursday, 3rd August, 2023 at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
The temporary utile dominium for the period of one hundred and thirty seven (137) years that started from the fifteenth of December, of the year two thousand (15.12.2000), of the corner shop, by entrance with civic number forty four (44), named “Salsa", formerly 'Wallis', formerly 'Playlife' formerly 'Benetton' in Triq it-Torri, Tas-Sliema, having two entrances at civic numbers one (1) and one letter A (1A) in Triq Tigne, bounded by two public roads; with Triq it-Torri on the North West and Triq Tigne on the South West, underlying third party property, on groundfloor level of an urban block built on four levels (excluding the washrooms) with a total (gross) area of circa one hundred and three metre square (103 m2), with all its right and appurtenances, which is situated in an obligatory registration area and which is registered by title 59000113 and the last time that the temporary utile dominium was transferred was by the act of the twenty sixth of February, of the year two thousand and twenty one (26.2.2021) in the acts of Notary Anton Borg, and is subject to the annual and temporary ground rent of thirty two thousand and nine hundred and seventy six euro (€32,976), which groundrent is revisable in the manner as indicated in the act of the twelfth of August, of the year one thousand nine hundred and eighty seven (12.8.1987) in the acts of the Notary Pierre Attard, and was last revised on the fourteenth of December of the year two thousand and twelve (14.12.2012), otherwise free and unencumbered, however leased as a clothes shop to third parties by means of an act dated eighth June, of the year two thousand and four (8.6.2004) in the acts of Notary Dr Victor John Bisazza by the respondent society J. L. & Sons Limited to Dorkins Limited society with the registration number C21098 and is valued at nine hundred and fifty thousand euro (€950,000).
The said tenement is the property of Rock Enterprises Limited (C39042).
N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2021.
Registry of the Superior Courts, this Monday, 12th June, 2023
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
1291
By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 26th January, 2023, in the acts of Constitutional Application number 534/2021/1, which was presented on 18th October, 2022, in the names: G.R.A.P. Ltd vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Revokes the judgement issued by the First Hall of the Civil Court (Constitutional Jurisdiction) on 14th October, 2022, and instead accept the plaintiff's requests while rejecting all the exceptions from the appealed respondents. With the costs of both instances against the respondent State Advocate appealed.
The Constitutional Application in the names mentioned above is postponed to 9th October, 2023, at 8.30 a.m.
Notification Respondent: Brincat Joseph, 31, Triq is-Sajjieda, Marsa
Register of the Superior Courts, today 12th June 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
1292
By decree issued by the Civil Court, First Hall, on 25th January, 2023, in the acts of Sworn Application number 833/22MH, which was presented on 15th September, 2022, in the names: K & K Ventures Ltd vs Falzon Dorianne, the following publication was ordered, pursuant to Article 187(3) et sequitur of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Declares and decides that the defendant is a debtor of the plaintiff in the sum of twenty-two thousand euro (€22,000). With all costs and with all interest against the defendant, which is now summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 25th September, 2023, at 9.00 a.m.
Notification Respondent: Falzon Dorianne, 101, Blk D, Rossi Neri, Triq il-Brunżar, Santa Venera
Registry of the Superior Courts, today, 12th June 2023.
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
1293
It is hereby notified that by virtue of a decree delivered on 5th June, 2023, by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of schedule of deposit number 49/2019 and following the garnishee order number 10/2018 in names 'John Attard versus Josephine Cachia', the publication of an application filed by Josephine Cachia was ordered, a summary of which is being published below in order to serve as a notification with regard to John Attard of 60, Dahlet Pawluzzu, Triq San Lawrenz, San Lawrenz, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.
In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section
In the acts of the schedule of deposit number 49/2019 and following the garnishee order number 10/2018 in the names:
John Attard
vs
Josephine Cachia
By means of an application filed by Josephine Cachia, presently Farrugia, on the 6th of March, 2023, in the above-mentioned acts, she requested to withdraw the sum of thirty-three thousand, three hundred and fifty-seven euros and forty-eight cents (€33,357.48c).
By virtue of a decree delivered by the aforementioned Court, the service of the said application to John Attard was ordered, conceding him two days' time for his reply.
Today the 12th of June, 2023
Registry of Gozo Courts and Tribunals
Margaret De Battista
Assistant Registrar, for the Registrar