Court Notices published in Govt. Gazette No. 19,951 of 20th February 2018

COURT NOTICE

307

By a decree of the Small Claims Tribunal of the 25th October, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 23rd May, 2017, whereby they asked the Tribunal to condemn El Nabolsi Wisam (passport number 82650852) of Velpa Court, Maisonette Numru 2, Sqaq il-Fawwara, Tas-Sliema, to pay the plaintiff company the sum of €2007.52, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 257/17KCX) is deferred on the 12th March, 2018, at 1.00 p.m.
Registry of the Courts of Magistrates (Malta), today 15th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.



308

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Graziella Bellizzi (ID 94484M) filed an application under oath (No. 12/18 AL) demanding Corrections in the Act of Birth of plaintiff Graziella Bellizzi number 944/1984 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 15th February, 2018

RITA MANGION
For Registrar, Civil Courts and Tribunals


309

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Mary Grace Pulis (ID 220576M) filed an application under oath (No. 21/18 AL) demanding Corrections the Act of Birth of the minor Tamara Pulis number 1386/2011 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 15th February, 2018

RITA MANGION
For Registrar, Civil Courts and Tribunals



310

By a decree given on the 29th January, 2018, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall on 6th Febraury, 2018, on the application of J. Zammit Ltd (C 37945), Wednesday, 21st March, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at at number fifty five (55), J & J Boatyard, ta’ Għadmija, Mqabba, of the following items seized from the property of Azzopardi Richard (ID 870M) and Azzopardi Hanane (ID 33546A).

Vehicle of the make Nissan grey in colour with the registration number KBR104

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 38/17.

Registry of the Superior Courts, this Friday, 16th February, 2018.

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



311

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th November, 2017, Application number 1581/2017 by Advocate Doctor Errol Cutajar nomine whereby he prayed that it be declared open in its entirety in favour of Connie Ellul the Succession of Joseph Ellul, husband of Connie Ellul, son of Louis Ellul and Louisa née Attard, born in Malta and died in North Sunshine, Victoria, Austrialia, on the 21st December, 1982, aged 62, and this according to the will dated 1st June, 1982, and the same Advocate Doctor Errol Cutajar nomine whereby he prayed that it be declared open in favour of Miriam and Joseph spouses Cricchiola and this in equal shares between them the Succession of Connie Ellul, widow of Joseph Ellul, daughter of the late Carmelo Psaila and Maria née Farrugia, born in Ħaż-Żabbar, Malta, and died in St Albans, Victoria, Australia, on the 29th February, 2004, aged 79, and this according to the will dated 29th April, 1995.
Wherefore, any person who considers 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 16th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
                


312

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th January, 2018, Application number 33/2018, by Giuditta sive Judith Baldacchino et whereby they prayed that it be declared open in favour of the same Judith Baldacchino and Maria Carmela sive Karen Abdilla, children of the late Nazzareno Galea and this in the quota of one tenth (1/10) undivided share each one of them; in favour of Joseph Galea, son of the late Carmelo Galea, and this in the quota of one fifth (1/5) undivided share; in favour of Josephine Genovese and Anna Azzopardi, children of the late Joseph Galea, and this in the quota of one tenth (1/10) undivided share each one of them; and in favour of Theresa Farrugia and Philip Galea, brother and sister of the decujus, and this in the quota of one fifth (1/5) undivided share each one of them the Succession of Maria Galea, unmarried, daughter of the late Michele Galea and Giuditta née Zammit, born and resided in Mqabba where she died on the 14th January, 2017, aged 79, holding identity card number 0845337M.

Wherefore, any person who considers 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 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



313

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st February 2018, Application number 163/2018, by Maxine Anastasi and Nigel Anastasi whereby they prayed that it be declared open in their favour in the equal shares between them the Succession of their father Mark Anthony sive Mark Anastasi, divorced from Nathalie Josephine Anastasi née Trenchard Lane, son of the late Joseph Anastasi and Elizabeth Anastasi née Ellul Mattei, born in Tas-Sliema, resided in Swieqi, and died in Tal-Qroqq, Msida, on the 8th September, 2017, aged 56, holding identity card number 0211361M.

Wherefore, any person who considers 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 16th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
                



314

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd January, 2018, Application number 94/2018, by Charles Spiteri, Maria sive Moira Spiteri widow of Vincent Sciberras and Edgar Spiteri whereby they prayed that it be declared open in their favour in the quota of one third (1/3) undivided share each one of them the Succession of Maria Spiteri, widow of Carmelo Spiteri, daughter of the late Oscar Ceravolo and Rosina née Balzan, born in Tas-Sliema, resided in Cospicua and died in Cospicua between the 8th and the 9th June, 2017, aged 84, holding identity card number 264433M.

Wherefore, any person who considers 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 16th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



315

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd January, 2018, Application number 105/2018, by Anthony Cassar et whereby they prayed that it be declared open in favour of Anthony Cassar and Josephine Cassar in the quota of one half (1/2) undivided share between them and the remaining one half (1/2) undivided share in favour of Darren Cassar the Succession of Charisse Cassar, daughter of Anthony Cassar and Josephine Cassar and sister of Darren Cassar, born in Pieta, resided in Rabat and died in Camden, United Kingdom, on the 28th August, 2015, aged 28, holding identity card number 0169587M.

Wherefore, any person who considers 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 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar Civil Court and Tribunals



316

By means of a decree of the 26th October 2017 handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2136/2017 in the names Carmelo Abela Marketing Limited vs Champ Ltd et, the following publication was ordered for the purpose of effecting service on the respondents Champ Ltd and Antoine Tanti in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

Today 8th August, 2017

To: Champ Ltd (C 49594) of 7, Triq il-Barrieri tal-Ħandaq, Ħal Qormi

Johan Tanti

Antoine Tanti ta’ Dolomite Court Flat 3, Triq Sant’Aristarku, St Paul’s Bay

By the present, Carmelo Abela Marketing Limited (C 22355) of Defanco, Alley in Fisherman Street, Marsa, solicits you so that within two days from the notification of this letter, you pay the applicants the total amount of €9,417.99 representing an amount due by you to the applicants in virtue of a constitution of debt deed which till today is still not paid. Copy of the constitution of debt deed is here attached and marked as Doc. CA1.

By means of this present the interpellant is rendering enforceable his executive title here indicated and this in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
In default of your compliance with this letter the interpellant will proceed to the execution of its executive title in terms of the same article.

This judicial letter is requested in terms of Article 256(2) of the Laws of Malta.

With costs and interests till the date of effective payment

Registry of the Court of Magistrates (Malta), today 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



317

By means of a decree of the 20th November, 2017, in the records of the judicial letter number 5382/17 in the names 2R’s Limited vs Noel Mangion Camilleri et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Emanuel Mangion and Annunziata Camilleri in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 20th September, 2017

To:

Noel Mangion Camilleri in his own name and as mandatory of Annunziata Camilleri 
Nazzareno and Pauline spouses Camilleri
Kurt Falzan 
Michelle Falzon
Kim Falzon
Joseph Camilleri
Esther Camilleri 
Stephen Camilleri
Charles Camilleri 
Maria Camilleri
Victoria and Joseph spouses Xerri
Emanuel Mangion (ID 873253M) of 101, Fl 7, Triq Spinola, San Ġiljan

By means of this present 2R’s Limited (C 61760) of Aries House, Mdina Road, Ħaż-Żebbuġ, makes reference to the promise of sale of the 16th March, 2017, drawn up by Notary Mario Bugeja for the purchaser and Notary Joseph Tabone acting on your behalf where you undertook to sell a piece of land measuring 12,365.40 square metres, accessible from Triq J. Howard, with another frontage with Triq D. Harrison Smith and another frontage with Triq John Adye in Birguma, limits of Naxxar, subject to all the terms and the conditions that are stipulated and duly registered with the Commissioner of Inland Revenue, which promise of sale will expire on the 15th December, 2021,

They discovered that although there is this valid and duly registered promise of sale for the sale of the property in question you are in negotiations to sell the same property to other third parties;

If you proceed to do so, a warrant of prohibatory injuction will be issued against you and they are keeping you responsible for all the damages that they may suffer because of your abusive and illegali actions;

You are solicited to give them copies of powers of attorneys as you obliged yourself to do within three weeks from the signing of the same promise of sale.

Thus, if you fail to come forward for the final sale in terms of the same promise of sale above mentioned and as stipulated in the same promise of sale by the 15th December, 2021, save for the right of the applicant to solicit you to appear on the final deed at any time requested by them before the expire of the promise of sale, they will proceed to take legal steps against you according to law.

So much for your own guidance and with costs

Service:

Emanuel Mangion (ID 873253M) of 101, Fl 7, Triq Spinola, San Ġiljan

Annunziata Camilleri of Demise Court, Penthouse, Triq il-Ward, Madliena

Registry of the Superior Courts, today 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



318

By means of a decree of the 22nd November, 2017, of the Rent Regulation Board, in the records of the Application in the names Angelo Cutajar et vs Sharon Borg, Application number 90/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Sharon Borg 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 Angelo and Maria sive Maryrose spouses Cutajar vs Sharon Borg (ID 179378M), filed in the Rent Regulation Board, on the 30th June, 2017, the applicants Angelo (ID 266554M) and Maria sive Maryrose (ID 442158M) spouses Cutajar requested with respect and confirmed on oath that:

By means of a private writing in the records of Notary Mark Cutajar dated 18th October, 2013, the applicants granted by title of lease their commercial premises, consisting of supermarket at 64, Mary Rose Discount Store, Triq Ċiċerun, Marsaxlokk, a copy of which private writing is here attached and marked as Doc. A;


This title of lease of the above mentioned commercial premises was given to the respondent on the 21st October, 2013; 

This concession was made at the daily rent of €34.94, feasts and Sundays included, payable every week in advance, and it remains the same that is €34.94 everyday;

The respondent failed to pay the applicants the rent due several times and she has arrears of €7,330.36;


Subsequently the respondent vacated the commercial premises and deposited the key of the said premises at the Registry of the Courts and Civil Tribunals;

Besides, the respondent failed to pay several rent installments during the period it was rented to her she also failed to pay the electricity and water bills;


In fact the applicants received requests for payment of arrears of water and electricity of the same premises from the company ARMS Ltd and this in the amount of €8,000;

The applicants had to pay these arrears of water and electricity because the water and electricity meter is registered on them, and so they had to pay the bills to ARMS for the service used by the respondent, which receipt is being here attached and marked as Doc. B;

Considering that the respondent made use of the water and electricity service of the said commercial property, and failed to pay for same, she now has to refund the amount of €8,000 to the applicants;


Thus the applicants are creditors of the respondent in the sum of €15,330.36 representing rent arrears, damages caused by the respondent in the said commerical premises and bills for water and electricity consumption during the period when she used the said commercial premises;

For this reason, the respondent was duly solicited and notified, both legally and by a judicial letter, here attached and marked as Doc. C, to pay the amount due, but she remained in default in her payment to the applicants and so this case had to be filed;      

The facts of the case fall within the parameters of Article 167 of Cap. 12 of the Laws of Malta, on the basis of which a writ requesting that the proceedings be heard without proceeding to trial was filed, and as far as the applicants know, the defendant has no defence to make against such claims;

Concurrently, the applicants are filing their sworn declaration confirming that they personally know these facts;


Therfore, the applicants request with respect that:


i) These proceedings be heard summarily and without proceeding to trial in terms of Articles 167 of Cap. 12 of the Laws of Malta;

ii) The respondent is declared to be is in default of payment in terms of the lease agreement dated 18th October, 2013, and consequently orders the respondent to pay the rent arrears due to the applicants in the amount of €7330.36;

iii) The respondent is declared not to have paid for her consumption of water and electricity, costs, together with arrears due to ARMS, of the premises 64, Mary Rose Discount Store, Triq Ċiċerun, Marsaxlokk, amounting to €8000;

iv) The respondent is ordered to pay the applicants the sum of €8,000 representing water and electricity arrears of the same commercial premises for the period during which she rented the said premises which arrears were due to be paid by her.

With all costs including the legal letters and the relative interest against the respondent that from now she is summoned so that reference to her oath be made.

Applicant: 21, In-Nagħla, Daħlet Ġużeppi Stagno, Marsaxlokk.

Respondent: Sharon Borg, Ta’ Millieri Court, Blk B, Flat 3, Triq il-Pitiross, Ħal Għaxaq

The sworn application in the names Angelo Cutajar et vs Sharon Borg, Application number 90/2017JD, has been postponed for hearing to the 12th March, 2018, at 10.00 a.m. 

Registry of the Superior Courts, today 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


319

By means of a decree given, by the Civil Court, First Hall, on the 9th February, 2018, in the records of the Sworn Application in the names Gasan Enterprises Limited (C 467) vs Azzopardi Kurt, Application number 1147/17 TA, the following publication was ordered for the purpose of service of the defendant Kurt Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Gasan Enterprises Limited (C 467) vs Kurt Azzopardi (352679M) on the 21st December, 2017, the applicant company Gasan Enterprises Limited asked this Honourable Court:

1. In the first place and due to the nature of the object order the vehicle Ford Focus AN 4DR 1.6 D with identification number (VIN)WF0HXXPDH9D37016 ‘the vehicle’ be deposited in the possession of the applicant company during the proceedings before this Court in terms of Article 949 of Cap. 12 of the Laws and/or take all those provisions it deems opportune so that as much as possible the vehicle does not suffer any damage and so that the value does not diminish anymore, declare that the vehicle is the property of the applicant company according to law and according to the agreement between the parties and uphold the other demands amongst which the liquidation of the value of the vehicle and order the defendant to pay the difference in value as established.

With costs and legal interests

Saving every right and remedy including for damages which are still being caused.

Applicant: Gasan Automotive Centre, Mrieħel Bypass, Birkirkara
Defendant; 22, Triq Dingli Cornelio, Isla
40, Owen, Triq San Pietru San Pawl, Isla

The Application in the names Gasan Enterprises Limited (C 467) vs Azzopardi Kurt, Application number 1147/17 TA, has been deferred for hearing to Tuesday 27th February, 2018, at 10.00 a.m.

Registry of the Superior Courts, today 16th February, 2018

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



320

DKR 1/2018 – General Interdiction

It is being notified that by judgement dated 21st January, 2018 given by the Court of Criminal Appeal (Madam Justice Edwina Grima, LLD) in the cases:
The Police

Versus

Richard Micallef, 58 years, son of Maurice Paul Micallef and Maria Carmela née Xerri, born in Tas-Sliema on the 27th August, 1959, residing at number 10, L-Abatija, limits of Mġarr, Malta, and holder of Maltese identity card bearing number 584159M.

The Court Ordered the general perpetual interdiction starting from judgement date of the said Richard Micallef according to Article 109 of the Criminal Code of Cap. 9 of the Laws of Malta.

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

Today, 15th February, 2018                          

Registry of the Courts of Criminal Judicature (Malta)


MARIA DOLORES FENECH, BA, LP                     
Registrar, Criminal Courts and Tribunals (Malta)



321

DKR 1/2018 – General Interdiction

It is being notified that by judgement dated 29th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech, LLD) in the case:

The Police

Versus

Rita Grech, 35 years, daughter of Joachim Armeni and Maria Dolores née Sammut, born in Tal-Pietà on the 2nd June, 1982, residing at number 33 Triq il-Punent, Valletta, Malta, and holder of Maltese identity card bearing number 303182M.

The Court Ordered the general interdiction, also the interdiction to serve as a witness except before the Courts of Justice for the period of ten (10) years starting from judgement date of the said Rita Grech according to Article 109 (2) of the Criminal Code of Cap. 9 of the Laws of Malta.

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

Today, 15th February, 2018                          
Registry of the Courts of Criminal Judicature (Malta)

MARIA DOLORES FENECH, BA, LP                             
Registrar, Criminal Courts and Tribunals (Malta)



322

By a decree of the 8th February, 2018, given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Ganzalo Jose Gomez Perez with Spanish passport number XDA501881 and residence document MT 1455431 as a mandatory of the foreign society Catapult Holding Inc. on the 28th June, 2017, is asking for the withdrawal of the amount of €49,353.38 deposited by the Schedule of Deposit number 183/2015 in the names of:

Ganzalo Jose Gomez Perez noe (passport number XDA501881) vs Red Baron Corporation Limited (C 51736) and Dr Joe Ellis nominated as a deputy curator for the absent Warren Baker and Dr Joe Ellis nominated as a deputy curator for the absent Jon Eric Effinger.

The Court ordered the notification of this application with ten (10) days for filing a replay.

Registry of the First Hall of Civil Courts (Malta), today the 15th February, 2018

MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals



323

By means of a decree of the 7th November, 2017, given by the Civil Court First Hall in the records of judicial letter number 3579/16, in the names Registrar of Civil Courts and Tribunals vs International Meats Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5) of Cap. 12.

In the First Hall of the Civil Court

Today 1st November, 2016

To International Meats Limited of N/S in Ħandaq Road, Insutrial Estate, Ħal Qormi
   
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 €717.66 due by you as Registry fees in connection with the law suit in the names:


International Meats Limited vs Caxton Printshop Limited (MH), decided on the 25th January, 2016

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs
 
Registry of the Superior Courts today 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



324

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 169/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Agnes Cutajar, the following publication was ordered for the purpose of effecting service on the interpellant Agnes Cutajar in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 26th January, 2017

To Agnes Cutajar (ID 741053M) of 74, Groundfloor, Triq Melita, Valletta

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 €2,196.67, 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, together with interest due on the amount according to Law, regarding the bill number 101000091087 for the premises 7, Triq San Mikiel, Valletta, which amounts to €2,196.67.


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 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



325

By means of a decree given by the Court of Magistrates (Malta) on the 26th May, 2017, in the records of the judicial letter number 2969/12 in the names Commissioner of Revenue vs Old Smugglers Company Limited, the following publication for the purpose of service on the respondent company was ordered in terms of Article 187(5) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Old Smugglers Company Limited (C 6519) of 4/4, Transcontinental Hse, 54, Zachary Street, Valletta, on the 6th November, 2012, the Commisioner of Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, solicits you for all the effects and purposes of the Act of 1997 regarding the Customs and Exise Duty so that within two (2) days from the service of this act, you pay the amount of €2,917.70 representing the amount due by you as tax in terms of the same act.

In default, the interpellant warns you that further legal action will be taken against you, including the issue of the opportune warrants.

With costs and further interest till the date of effective payment.

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

Registry of the Courts of Magistrates (Malta) today 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



326

Notice is hereby given that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 12th of February 2018 by Mariano Farrugia, number 225/2018, wherein he prayed to be declared open in favour of Joseph, Angelo, Rita Ciappara, Carmen Sacco, Pauline Mangion, Silvia Borg and Mariano, siblings Farrugia, in shares of one seventh (1/7) undivided each the Succession of his mother Therese Farrugia (ID 0214734M), wife of Michael Angelo Farrugia, daughter of Joseph Farrugia and Josephine née Grixti, born and resided at Żurrieq and died at Floriana on the 4th of December, 1994, aged 60 years.

Whoever considers that has an interest, he is being called to enter his opposition by means of a note within fifteen days from the posting of the banns and the notices according to law.

Registry of the Civil Court(Voluntary Jurisdiction Section)

Today 12th February, 2018

MARCEL BUGEJA
For the Registrar, Civil Courts and Tribunals



327

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th January, 2018, Application number 118/2018, by David sive David Vincent Coppini whereby he prayed that it be declared open in his favour the Succession of Albert Joseph Coppni, son of the late Carmelo Coppini and Maria Stella née Satariano, born in Valletta and died in Tal-Pietà on the 21st July, 2011, aged 81 holding identity card number 0010030M and also the Succession of Vittoria Coppini, widow of Albert Joseph Coppini, daughter of the late Carmelo Buontempo and Vittoria née Ferro, born in Cospicua and died in Tal-Qroqq, Msida, on the 26th January, 2016, aged 83, holding identity card number 450932M.

Wherefore, any person who considers 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 16th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



328

By a Decree of the 16th February, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 15th February, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 10/17 in the names J. Zammit Limited vs Spiridione Nappa (ID 267381M) et held under the Authority of the said Court on the 14th February, 2018.

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 Monday, 19th February, 2018

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals



329

Bann for Curators

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 5th February 2018, following a request of Giulio Spampinato, it was ordered that deputy curators be chosen to represent Enetsport Limited, in the records of Appeal number 21/2015, in the names Giulio Spampinato vs Enetsport Limited and in the relative and subsequent acts.

By means of an Appeal Application, filed, in the Court of Appeal (Inferior Jurisdiction) Decision of the Industrial Tribunal number 2404, Case number 3070/MF, in the Indsutrial Dispute between Giulio Antonio Spampinati (ID 0070674A) vs Enetsport Limited (C 51409) on the 21st August, 2015, the applicant appellant Giulio Antonio Spamoinato (ID 0070674A) in terms of Article 82(3) of Cap. 452 respectfully pleaded:

That this is an Appeal Application from a decision of the Industrial Tribunal dated 10 th August, 2015, in the cause in the names premised;
That by means of an application dated 9th October, 2012 and the subsequent declaration of the cause, the appellant Spampinato asked the same Honourable Industrial Tribunal to decide and declare that the termination of his employment from the respondent company was unjust and thus asked the same Tribunal to order a reasonable and adequate compensation in this regard;

That by means of a decision number 2404 dated 10th August, 2015, the Industrial Tribunal decided that despite that the mode how he was dismissed leaves much to be desired the applicant Spampinato did not manage to prove that he was unjustly dismissed and thus decided by rejecting the demands of the same appellant Spampinato.

Grievances of the appellant

That the grievance is clear and manifest and consists primarily that the Industrial Tribnunal made a wrong application of points and/or principles of law as expressed in the Laws of Malta.

Thus, and for all the reasons brought forward in this application, the applicant employee is humbly asking this Honourable Court to uphold the grievances and his appeal, after it cancels annuls and revokes the appealed decision of the Industrial Tribunal dated 10th August, 2015, decide the same cause by upholding the demands of the plaintiff appellant that the dismissal in question was not just and sufficient according to law in the light of the inexistent procedure that did not give a ‘fair trial’ to the appellant employee, with costs against the respondent defendant company.

As the written proceedings in the cause before the Court of Appeal between Giulio Antonio Spampinato vs Enetsport Limited have been closed, the Court, fixed the hearing of the cause on Friday, twentieth (20) of Octrober, 2017, at 11.15 a.m. and deferred to the 2nd March, 2018, at 9.00 a.m.

Respondent Company: Enetsport Ltd, Triq A Bali, 15 STJ06, St Julian’s, Malta

Notify: Alfred Mallia Milanes, ‘Lwien’, Triq il-Baltiku, San Ġwann

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Court of Appeal , above mentioned, with the witness of the Hon. Mr. Justice Anthony Ellul, LLD, Doctor of Laws.

Today 5th February, 2018

Registry of the Superior Courts, today 19th February, 2018

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



330

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 20th day of July, 2015, in the records of the Sworn Application in the names Miriam Cremona et vs Eucharist Bajada et, Sworn Application 1113/2006 AE, it was ordered that service upon Miriam Cremona, Eucharist Bajada and Diane Bajada be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Miriam Cremona et vs Eucharist Bajada et on the 13th day of April, 2015, the joinder Mizzi Antiques Limited (C 5794) respectfully submitted:

That this is an appeal of the joinder company, here the applicant, Mizzi Antiques Limited, from the judgment of the Honourable First Hall of the Civil Court entered on the 15th day of November, 2013, and from the other judgment also entered by the Honourable Court of First Instance on the 25th day of March, 2015. The joinder Desmond Mizzi was non-suited and thus is not filing an appeal … omissis …;


That this lawsuit was instituted by the plaintiffs Miriam Cremona et by means of a Sworn Application filed on the 14th day of December, 2006, in which Sworn Application the plaintiffs submitted and claimed as given in the abovementioned Application of Appeal;

That the defendants replied by means of a Sworn Reply filed on the 6th day of October, 2009, which Sworn Reply is briefly reproduced in the abovementioned Application of Appeal;

That on the claim to call Desmond Mizzi and the applicant company into the cause … omissis … the Honourable Court upheld the claim on the 28th day of October, 2010;
That Desmond Mizzi and the applicant company … omissis … replied by means of a Sworn Reply filed on the 16th day of January, 2011, which Sworn Reply is briefly reproduced in the abovementioned Application of Appeal;

That by a judgment entered on the 15th day of November, 2013, the Honourable Court of First Instance disposed of the claims and pleas as indicated in the aforementioned Application of Appeal;

That by means of another judgment entered by the Honourable Court of First Instance on the 25th day of March, 2015, that Court disposed of the dispute of indemnification and of the second and third claims of the plaintiffs as indicated in abovementioned Application of Appeal;

That by a judgment entered by this Honourable Court on the 5th day of December, 2014, following an appeal of the defendants Eucharist and his spouse Diane Bajada and the applicant company, this Honourable Court disposed of the respective appeals as stated in the aforementioned Application of Appeal;

 … omissis … 

That therefore the applicant company is again filing its appeal at this stage as stated by the Honourable Court itself in its judgment of the 5th day of December, 2014. For all intents and purposes the applicant company submits that the present appeal is mainly from the judgment of the Honourable Court of First Instance entered on the 15th day of November, 2013, and from the judgement of the Honourable Court of First Instance entered on the 25th day of March, 2015, but in this last judgement only insofar as the applicant company was ordered to bear its court costs;

That the applicant company felt aggrieved by parts of the judgments under appeal and entered by the Honourable Court of First Instance on the 15th day of November, 2013, which concern it particularly where some of the pleas raised by it were not upheld, in our humble view, they should have been upheld and from the judgment of the Honourable Court of First Instance entered on the 25th day of March, 2015, limitedly from the head of costs and is thus humbly filing an appeal from the judgments referred to above;

That briefly the grievances of the applicant company are the following: (i) the Honourable Court of First Instance erred when, in the judgment under appeal entered on the 15th day of November, 2013, it rejected the second plea raised by the applicant company in the sense that the claims of the plaintiff are time-barred in terms of Article 2155(1) of Cap. 16 of the Laws of Malta; (ii) the Honourable Court of First Instance erred when, in the judgment under appeal entered on the 15th day of November, 2013, it did not upheld in full the third plea raised by the applicant company in the sense that substantially the claims of the plaintiffs cannot be upheld against the applicant company since the table merits of this present cause is not in its possession and was not in its possession at the time of service of the judicial demand for the recovery of the thing and therefore the revindication of the said table from the applicant company cannot be demanded, and (iii) the Honourable Court of First Instance erred when, in the contested judgments, it ordered that the court costs be borne by the applicant company;

That the abovementioned Application of Appeal elaborates on each of the three aforementioned pleas and namely (i) the Honourable Court of First Instance erred when, in the judgment under appeal entered on the 15th day of November, 2013, it rejected the second plea raised by the applicant company in the sense that the claims of the plaintiff are time-barred in terms of Article 2155(1) of Cap. 16 of the Laws of Malta … omissis … If the respondent plaintiffs had a right under Article 559 of the Cap. 16 of the Laws of Malta, the elements that the applicant company had to prove for this plea of prescription to be successful are two (2), or rather the lapse of two years and the acquisition of the thing in good faith. On the lapse of the period of prescription it should be pointed out that in this case … omissis … that is more than ten years after the applicant company acquired the table and thus well beyond the two-year period contemplated by Article 2155(1) of Cap. 16 of the Laws of Malta … omissis … That is, irrespective of the point of view, the two years period mentioned in Article 2155(1) of Cap. 16 of the Laws of Malta, had certainly elapsed before proceedings were instituted against the applicant company … omissis … Now that it was demonstrated how the lapse of the two-year period contemplated by Article 2155(1) have had expired, it remains to be determined whether the applicant company acquired in good faith … omissis … in accordance with Article 532 of the said Cap. 16 good faith is presumed … omissis … the truth is quite simple, or rather that the company reasonably acquired in good faith from a person of undoubted credentials and immediately displayed the said table for sale in the establishment managed by it … omissis …; (ii) the Honourable Court of First Instance erred when, in the judgment under appeal entered on the 15th day of November, 2013, it did not upheld in full the third plea raised by the applicant company in the sense that substantially the claims of the plaintiffs cannot be upheld against the applicant company since the table merits of this present cause is not in its possession and was not in its possession at the time of service of the judicial demand for the recovery of the thing and therefore the revindication of the said table from the applicant company cannot be demanded … omissis … the applicant company disagrees with the way the Honourable Court of First Instance disposed of this third plea since it was not pleading that it is not the legitimate defendant … omissis …, and (iii) the Honourable Court of First Instance erred when, in the contested judgments, it ordered that the court costs be borne by the applicant company … omissis … this is not fully correct because it is not true that the applicant company was contesting the right of recovery of the table … omissis … 

Therefore, for all the foregoing reasons, the applicant company, whilst referring to all the evidence submitted before the Honourable Court of First Instance and while reserving to bring such evidence as is necessary and permitted by law, with respect asks this Honourable Court of Appeal to change, vary and reform the judgments under appeal entered by the Honourable Court of First Instance on the 15th day of November, 2013 and on the 25th day of March, 2015, in the above-cited names and this by: (i) as for the judgment entered on the 15th day of November, 2013, confirm it as for the part that disposed of the pleas of the appellee defendants spouses Bajada as stated in the operative part of that judgment, insofar it upheld the first plea of the defendant Desmond Mizzi and non-suited him, where it declared that the appellee plaintiffs managed to prove that they are the owners of the table merits of this cause and insofar it upheld the fifth plea of the applicant company; (ii) as for the judgment entered on the 15th day of November, 2013, cancel and revoke the rest particularly insofar it decided to reject the plea of prescription under Article 2155(1) of Cap. 16 of the Laws of Malta and instead uphold that plea and declare that the action of the plaintiffs against the applicant company is time-barred; cancel and revoke it as well insofar it dismissed in its entirety the third plea of the applicant company and instead uphold that plea in its entirety and thus dismiss the claims of the plaintiffs vis-à-vis the applicant company; and finally also cancel and revoke it insofar it held that the court costs be borne by the applicant company and instead decide the head of costs in a way which is more equitable, fair and reflective of all the circumstances of the case, and (iii) as for the judgment entered on the 25th day of March, 2015, while confirming it insofar it disposed of the dispute of indemnity and of the second and third claims of the plaintiffs as therein decided, cancel and revoke it insofar it held that the applicant company shall bear its own costs and instead decide the head of costs in a way which is more equitable, fair and reflective of all the circumstances of the case. 

With the costs of both instances against the respondents

Appellant: Mizzi Antiques Limited (C 5794), 240, Żabbar Road, Fgura

Services: Miriam Cremona, 89, Old Theatre Street, Valletta

Eucharist Bajada and Diane Bajada, ‘Villa Diana’, Valletta Road, Mosta 

Registry of the Superior Courts
Today Monday, the 19th day of February, 2018

ADV. DR. FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



331

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of February, 2018, in the records of the Sworn Application in the names Emmanuel Borg (ID 516776M) vs Goran Jovanoski (ID 0054499M), Sworn Application number 1110/2017 TA, it was ordered that service upon Goran Jovanoski (ID 0054499M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Emmanuel Borg (ID 516776M) vs Goran Jovanoski (ID 0054499M) on the 7th day of December, 2017, Emmanuel Borg (ID 516776M) asked this Honourable Court to:

1. Declare and hold that the respondent failed to comply with the conditions of the agreement between the parties when he abandoned the works he was commissioned to carry out to the applicant at the applicant’s property 17, Sqaq ir-Rużarju, Ħal Għargħur;

2. Declare that the respondent is a debtor of the applicant in the sum of €11,000 or such other more precise sum liquidated by this Honourable Court, representing the amount that the applicant gave to the respondent as payment in advance for works that the respondent has agreed to carry out and failed to do;

3. Order the respondent to pay to the applicant the sum of €11,000, or another more precise sum liquidated by this Honourable Court, with legal interest to run from the 11th day of August, 2017;

4. Declare that the respondent is a debtor of the applicant in the sum of €2,300 or such other more precise sum liquidated by this Honourable Court, representing the expenses incurred by the applicant to remedy the bad works and the damage inflicted by the respondent;

5. Order the respondent to pay to the plaintiff the sum of €2,300 or such other more precise sum liquidated by this Honourable Court, with legal interest to run from the 11th day of August, 2017;

6. Declare that the respondent is liable for the damage and prejudice suffered by the applicant as a result of his shortcomings and fault;
7. Liquidate the prejudice or damage suffered by the applicant because of such conduct of the respondent, if necessary with the appointment of an architect;

8. Condemn and order the respondent to pay the liquidated damages to the applicant.

With court costs and with legal interest as demanded against the respondent, as of now summoned so that a reference to his oath be made.

Applicant: Emmanuel Borg (ID 516776M), 17, Sqaq ir-Rużarju, Ħal Għargħur

Services: Goran Jovanoski (ID 0054499M), Point 6, Flat 2, Triq Sir George Borg, Tas-Sliema

The Sworn Application in the names Emmanuel Borg (ID 516776M) vs Goran Jovanoski (ID 0054499M) was deferred for hearing to the 27th day of February, 2018, at 10.00 a.m.

Registry of the Superior Courts

Today Monday, 19th February, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals


 
332

By decree given by the Civil Court, First Hall on the 12th February, 2018, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 13th March, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) Garage numbered 17, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. Il-garage is bordered from the East with a drive-in and from the North with garage described as ‘j’ without number, with all its rights and appurtenances for the related garage. The garage is valued at sixteen thousand and five hundred euro (€16,500);

b) Unnumbered Garage, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above.The garage is bordered from the East by a drive-in and from the South with a garage described ‘i’ and numbered 17, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and five hundred euro (€13,500);
c) Garage numbered 20, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the East with a drive-in and from the North with a garage described ‘l’ and numbered 21 with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand three hundred euro (€13,300); 

d) Garage numbered 21, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered by a drive-in and from the South by a garage described ‘k and numbered 20, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600); 

e) Garage numbered 22, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in’ and from the South by a garage described ‘l’ and numbered 21, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600); 

f) Garage numbered 23, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-and from the North by a garage described ‘o’ and numbered 24, with all its rights and appurtenances’ for the related garage. The garage is valued at sixteen thousand euro (€16,000); 

g) Garage numbered 24, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described ‘n’ and numbered 23, with all its rights and appurtenances for the related garage. The garage is valued fifteen thousand euro (€15,000); 

h) Garage numbered 25, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘q’ and numbered 26, with all its rights and appurtenances for the related garage. The garage is valued at eighteen thousand euro (€18,000);

i) Garage numbered 26, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘r’ and numbered 27, and from the North by a garage described ‘p’ and numbered 25, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and four hundred euro (€13,400);

j) Garage numbered 27, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘s’ and numbered 28, and from the North by a garage described ‘q’ and numbered 26 with all its rights and appurtanances of the-garage. The garage is valued tweve thousand and five hundred euro (€12,500);

k) Garage numbered 28, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘t’ and numbered 29 and from the North by a garage described ‘r’ and numbered 27, with all its rights and appurtenances for the related garage. The garage is valued at tweve thousand and seven hundred euro (€12,700);

l) Garage numbered 29 as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South with garage described ‘u’ and numbered 30 and from the North with a garage described ‘s’ and numbered 28, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and eight hundred euro (€13,800);

m) Garage numbered 30, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive in, from the South by a garage described ‘v’ and numbered 31 and from the North by a garage described ‘t’ and numbered 29 with all its rights and appurtenances for the related garage. The garage is valued fourteen thousand euros (€14,000);

n) Garage numbered 31, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive in, and from the South by a garage described ‘w’ and numbered 32, and from the North by a garage described ‘u’ and numbered 30 with all its rights and appurtenances for the related garage. The garage is valued twelve thousand and six hundred euro (€12,600);

o) Garage numbered 32, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive in, and from the South by a garage described ‘x’ and numbered 33 and from the North by a garage ‘v’ numbered 31 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600);

p) Garage numbered 33, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive in and from the South by a garage ‘y’ and numbered 34 and from the North by garage described ‘w’ and numbered 32 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600);

q) Garage numbered 34, as described in the attached plan marked JBG 2 which is found at basement level which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive in and from the North by a garage described ‘x’ and numbered 33 with all its rights and appurtenances for the related garage. The garage is valued at fourteen thousand and eight hundred euro (€14,800).

The garage described under letter ‘p)’ to letter ‘y)’ are all bordered, from the North with Triq il-Ibjar, and from the East with a property of family Buttigieg or it successors in legal rights and from the West with a drive in with all its rights and appurtenances for the related garage. Included with the sale of each garage is the entrance from street to Car Lift, an undivided share of the car-lift with access to the basement and the ground-floor garages, the list shaft, the ramp, emergency fire escape and another secondary stairs, including the undivided share accessible from the common parts by a vehicle and by foot and a drive-in from the car lift to the respective garage. Access for the complex of garages is an unnamed and unnumbered common entrance in Triq Antonio Zahra, Zejtun. These garages are subject to a passage, drain and pipes that collect water rain in favor of the overlaying properties and access right to do maintenance work in respectable hours after a notice has been given before. Included with this sale there is an undivided share with every garage from a well in the basement. Theses garages are subject to a perpetual ground rent of €2.33 as a share of a higher ground rent on the whole plot that this complex has been built. The ground rent is revisable after 100 years that began on the 3rd February of 1962 and thereafter every fifty years of the value at that time. 

The said tenement is the property of Tristan Developments Ltd (C 42116).

N.B. The said tenement will be sold as described in the Judicial Sales Act 42/16

Registry of the Superior Courts, this Monday, 12th February, 2018

RUDOLPH MARMARÀ
For Registrar, Civil Courts and Tribunals





333

By a decree of the Small Claims Tribunal of the 17th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).


Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 2nd December, 2016, whereby they asked the Tribunal to condemn Rees Shian Elizabeth (ID 45925A) of 27, Sunset, Triq Santa Marija, St Paul’s Bay, to pay the plaintiff company the sum of €4218.31 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 572/16KCX) is deferred on the 12th March, 2018, at 1.00 p.m.

Registry of the Courts of Magistrates (Malta), today 19th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



334

By a decree of the Small Claims Tribunal of the 25th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).


Marise Pace (ID 514878M) ta’ Grey & Adler, Triq Toni Bajada, Naxxar, filed a Claim on the 2nd November, 2017 whereby she asked the Tribunal to condemn Antonello Cappitta (ID 332776M) of The Dolphins, Triq Sir Ugo Mifsud, Ta’ Xbiex and/or Villa Venere, Triq il-Madliena, Madliena, Swieqi; and Daniela Cappitta (ID 580476M) of Villa Venere, Triq il-Madliena, Madliena, Swieqi, to pay the plaintiff the sum of €1,274.49 which amount is due to the plaintiff.

With costs and interests

The case (Claim number 505/17AM) is deferred on the 6th April, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 19th February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



335

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of February, 2018, in the records of the Sworn Application in the names Gasan Enterprises Limited (C 467) vs Lawrence Cassar (ID 237590M), Sworn Application number 1142/2017 JPG, it was ordered that service upon Lawrence Cassar (ID 237590M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Gasan Enterprises Limited (C 467) vs Lawrence Cassar (ID 237590M) on the 21st day of December, 2017, Gasan Enterprises Limited (C 467) asked this Honourable Court to:

1. Preliminarily and due to the nature of the object, order that the vehicle be deposited in the possession of the applicant company during the pendency of the cause before this Court in terms of Article 949 of Chap. 12 of the Laws of Malta and/or take all those provisions that it deems appropriate so that the vehicle will not be damaged and so that its value, as much as possible, will not diminish further;

2. Declare that the vehicle is the property of the applicant company according to the law and according to the agreement between the parties;

3. In view of the second claim, order that the necessary changes to the details of the log book of the vehicle be made so that the vehicle be registered in the name of the applicant company instead of in the name of the respondent;

4. Order the defendant to make all the necessary acts and to appear so that the changes demanded in the third claim be effected;

5. Declare that the applicant company is a creditor of the defendant in the amount of €5,912.10;

6. Liquidate the value of the vehicle and order the defendant to pay the resulting difference between the value of the vehicle, as determined, and the amount due to the applicant company under the fifth claim;

7. Liquidate the amount, if any, and order the payment of pending fines and licences existing on the vehicle due to the Authority for Transport in Malta by the defendant;

8. Appoint deputy curators to represent, if necessary, the eventual defaulters and to make all the necessary acts.


With costs and with legal interest. Reserving all rights and remedies including for damages that are still being caused.
Applicant Company: Gasan Enterprises Limited (C 467), Gasan Automotive Centre, Mrieħel Bypass, Birkirkara

Services: Lawrence Cassar (ID 237590M), Roylen, Flat 2, Triq Renato Agius Muscat, Ħaż-Żabbar

The Sworn Application in the names Gasan Enterprises Limited (C 467) vs Lawrence Cassar (ID 237590M) was deferred for hearing to the 1st day of March, 2018, at 9.45 a.m. 

Registry of the Superior Courts

Today Monday, 19th February, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



336

By decree given by the Civil Court, First Hall on the 8th February 2018, on the applications of Victor Fenech (ID 717354M) and Michael Fenech (ID 702853M), and by judgement dated 31st October 2017 (Application number 231/2015) given by the Hon. Judge Lorraine Schembri Orland, Thursday, 15th March, 2018, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property named ‘St Michael’, consisting of a garage overlayed by third party property in Triq Alfredo Cachia Zammit, Żejtun. The garage has a common drainage piping system with the overlaying property. The tenement is free and unencumbered valued at two hundred and fifty-five thousand euro (€255,000).

The said tenement is the property of Fenech Michael (ID 702853M) and Fenech Victor (ID 717354M). 

N.B. The said tenement will be sold as described in the acts of judicial sales number 42/2017.

Registry of the Superior Courts, this Wednesday, 14th February, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals




337

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 14th day of February, 2018, in the records of the Application in the names Bogdan Petrov Krastev (Bulgarian ID UCN8706124652) vs Borislava Evgenieva Barbova (ID 0056868A), Application number 638/2016 SM, it was ordered that service upon Borislava Evgenieva Barbova (ID 0056868A) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Bogdan Petrov Krastev (Bulgarian ID UCN8706124652) vs Borislava Evgenieva Barbova (ID 0056868A) on the 1st day of August, 2016, Bogdan Petrov Krastev (Bulgarian ID UCN8706124652) as represented by his special mandatary the Avukat Dr William Cuschieri respectfully submitted:

1. That by a judgment entered by the Regional Court of Plovdiv in Bulgaria on the 9th day of December, 2015, the applicant was declared to be a creditor of the respondent in the amount of £3,301 – equivalent to €4,215.84 – representing as to the amount of £3,150 a sum granted on loan by the applicant to the respondent and as to the amount of £151 the legal interest until the 2nd day of December, 2015, and moreover the applicant was declared to be a creditor of the respondent in the further amount of €509.47 representing the legal fees and court costs. Therefore, in total, the respondent owes the applicant the amount of €4,725.31. An authenticated copy of the judgment in question in the Bulgarian language together with a translation in the English language is being herewith attached and marked as ‘Document BPK1’;

2. That this judgment, being a judgment entered by a Court in an EU Member State, can be registered in Malta and rendered enforceable;

3. That by virtue of the European Union Act of 2003 (Cap. 460 of the Laws of Malta) with immediate effect from the 1st day of May, 2004, the Treaty together with existent and future acts adopted by the European Union became binding on Malta and form part of the domestic laws of the country;

4. That by virtue of Council Regulation (EU) No. 1215/2012 of the 12th day of December, 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters – which Regulation has direct effect in Malta as it is a regulation – a judgment entered by a Court of an EU Member State is enforceable in another EU Member State (Article 36 of Council Regulation (EU) No. 1215/2012);

5. That the applicant has the right in accordance to law and Council Regulation (EU) No. 1215/2012 to request that the judgment entered by the Regional Court of Plovdiv in Bulgaria on the 9th day of December, 2015, becomes enforceable in Malta under the provisions of Article 825A et sequitur of Cap. 12 of the Laws of Malta as well as Articles 36 through 44 of Council Regulation (EU) No. 1215/2012;

6. That for the intents and purposes of Article 53 of Council Regulation (EU) No. 1215/2012 the certificate therein mentioned is herewith being attached and marked as ‘Document BPK2’.

Therefore, and for the foregoing reasons, the applicant humbly asks this Honourable Court to, saving all the necessary and appropriate measures:


1. Declare – in accordance to Council Regulation (EU) No. 1215/2012 of the 12th day of December, 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – that the judgment entered by the Regional Court of Plovdiv in Bulgaria on the 9th day of December, 2015 is enforceable in Malta as if it were a judgment entered by this Honourable Court.

With court costs against the respondent
Applicant: Bogdan Petrov Krastev (Bulgarian ID UCN8706124652), 118, Triq Lorenzo Gafà, Mosta

Services: Borislava Evgenieva Barbova (ID 0056868A), ‘Compass Point’, Flat 21, Triq F. Assenza, Swieqi

The Application in the names Bogdan Petrov Krastev (Bulgarian ID UCN8706124652) vs Borislava Evgenieva Barbova (ID 0056868A) was set down again for hearing to the 13th day of March, 2018, at 09.00 a.m.

Registry of the Superior Courts

Today Monday, 19th February, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



338

By decree given by the Civil Court, First Hall, on 12th February, 2018, on the application of HSBC Bank Malta plc (C 3177), Thursday, 15th March, 2018, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held on the First Floor of these Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The utile temporanju for the remaining period of sixty five years (65) commenced on the (20) March two thousand and one (2001) on the tenement numbered one hundred fifty-three and one hundred fifty-four (153/154), in the Industrial Estate, Ħal Luqa, Malta, which portion of land measures approximately one hundred forty-five square meters (145 sq.m.) and has all its boundaries bound by Government property, with annual payment of temporary ground rent of fifteen Maltese lira (Lm15) per square meters and cioè two thousand, one hundred and seventy-five Maltese lira (Lm2,175) payable every six months in advance, which was temporarily reduced ground rent administratively for a hundred and forty five Maltese lira (Lm145) equivalent to three hundred and thirty-seven euro and seventy-six cents (€337.76) valued at one hundred and eighty thousand euro (€180,000).

The said tenement is the property of Andrew Calleja (ID 300762M) and Frances Calleja (ID 532963M).

N.B. The said tenement will be sold as described in the judicial acts file number 27/15.

Registry of the Superior Courts, this Friday, 16th February, 2018

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals



339

Notice, Registry of the Civil Court, First Hall

Whereas Jasper de Trafford (ID 0184175M) et filed an application under oath (number 119/2018/LSO) demanding Correction in the Act of Birth number 5035/2013 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

Registry of the Superior Court 

Today 19th February, 2018

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals