Court Notices published in Govt. Gazette No. 19,954 of 27th February 2018

COURT NOTICE

358

By decree given by the Civil Court, First Hall, on the 9th February, 2018, on the application of Mary Falzon (KI 138055M), Thursday, 15th March, 2018, at half past ten in the morning (10.30 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 numbered 26 consisting of a terraced house named Geomar in Triq is-Sewwieqa, Ħamrun, bordered from the North West by Triq is-Sewwieqa, from the East with property of George Grech and Alfred Rapa and their successors and from the West with property of George Bugeja and his successors. The property is free and unencumbered with all its rights and appurtenances valued at two hundred and nine thousand, six hundred and fourty three euro and sixty-one cents (€209,643.61).

The said tenement is the property of Falzon George (ID 424254M) and Falzon Mary (ID 138055M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 27/2017.

Registry of the Superior Courts, this Wednesday, 20th February, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



359

By a decree of the Small Claims Tribunal of the 9th February 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).

Adrian Cutajar (ID 144279M) carrying on trade as Audio Images of Triq Zaren Dalli, Birżebbuġa, filed a Claim on the 14th November, 2017, whereby he asked the Tribunal to condemn Elizabeth Woodhead (ID 212296M) of 7, Triq Alessandru, Birżebbuġa, to pay the plaintiff the sum of €127, which amount is due to the plaintiff.

With costs and interest

The case (Claim number 520/17KCX) is put off on the 21st March, 2018, at 1.00 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals.


 
360

By a decree of the Small Claims Tribunal of 16th February, 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).

PenderVille Limited (C 36675) of GB Buildings, Triq il-Watar, Ta’ Xbiex (Malta), as administrators of Pendergardens Block 13 and Car Space (s) for and on behalf of Pendergardens Block 13 Association and Pendergardens Car Park Association, filed a Claim on the 9th January, 2018 whereby they asked the Tribunal to condemn Paul Attard of 1362, Pendergardens, Triq Ivo Muscat Azzopardi, San Ġiljan (Malta), to pay the plaintiff company the sum of €2,140.50, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 6/18AM) is deferred on the 6th April, 2018, at 12.30 p.m.

Registry of the Courts of Magistrates (Malta), today 22nd February, 2018
             
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



361

By a decree of the Court of Magistrates (Malta) of the 24th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Green Skip Services Ltd (C 13893) of Tal-Imriekeb, Ramla Road, Magħtab, Naxxar, Malta, filed a claim on the 14th September, 2017, whereby they asked the Court to condemn The Golden Shepherd Group Ltd (C 14948) of St Philips Hospital, Santa Venera and/or 304, St Paul’s Street, St Paul’s Bay, to pay the plaintiff company the sum of €5,692.60, which amount is due to the plaintiff company.


With costs and legal interests

The case (Notice number 263/17MLF) is deferred to the 26th March, 2018, at 9.30 a.m.

Registry of the Courts of Magistrates (Malta), today 22nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


362

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 7th day of February, 2018, following the request of Kurabi Limited (C 13827), it was ordered that deputy curators be appointed to represent the unknown heirs of Giorgina Micallef and the unknown successors in title of Coleiro Brothers Limited (C 466) in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 246/2018 in the names Kurabi Limited (C 13827) vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 7th day of February, 2018, in the First Hall of the Civil Court, in the names Kurabi Limited (C 13827) 

vs

Deputy Curators to represent the unknown heirs of Giorgina Micallef and the unknown successors in title of Coleiro Brothers Limited (C 466), Kurabi Limited (C 13827) respectfully submitted:

That the depositor acquired the divided parcel of land which is a corner site, formerly described as three (3) sites adjacent to each other marked with the numbers 22, 23 and 24, forming part of the land called Tal-Kortin, in the district of Qawra, limits of St. Paul’s Bay, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent; 

That the said divided parcel of land is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositor would like to avail itself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €3,515.20 which represents the price of redemption of the said ground rent as well as the amount of €856.05 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown heirs of Giorgina Micallef (€139.75) and the unknown successors in title of Coleiro Brothers Limited (€4,231.50), after the due receipt is left according to law.

Depositor: Kurabi Limited (C 13827), St Anne’s Court, Flat 7, Block B, Triq il-Belt Valletta, Ħal Qormi, Malta 

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Land Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.

Dated this 7th day of February, 2018

Registry of the Superior Courts

Today Thursday, 22nd February, 2018

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


363

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 26th day of January, 2018, in the records of the Sworn Application in the names John Buttigieg (ID 577545M) et vs Hola Properties Limited et, Sworn Application number 870/2017 MH, it was ordered that service upon Dr Sylvana Zammit Demicoli noe 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 John Buttigieg (ID 577545M) et vs Hola Properties Limited et on the 25th day of September, 2017, John Buttigieg (ID 577545M) et asked this Honourable Court to: 

1. Declare and hold that the respondents or any of whom are jointly and severally liable for damages due to the occupation of the premises, 679, Saint Joseph High Road, Ħamrun, from the 21st day of February, 2001 until the date of delivery of the keys of this premises on the 25th day of January, 2017, to the applicants and this without any valid title at law against the will of the said applicants;

2. Liquidate the damages for occupying the said premises, if necessary with the help of appointed experts;

3. Order the respondents or any of whom, to pay in solidum to the applicants the liquidated damages for occupying the said premises.

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

Applicants: John Buttigieg (ID 577545M) et

Services: Dr Sylvana Zammit Demicoli noe, 41/4, Via del Ponte, Triq Carmelo Dimech, Mosta

The Sworn Application in the names John Buttigieg (ID 577545M) et vs Hola Properties Limited et was deferred for hearing to the 1st day of June, 2018, at 09.00 a.m.

Registry of the Superior Courts

Today Thursday, 22nd February, 2018

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


364

By means of a decree given by the Civil Court (Family Section) on the 24th January, 2018, in the records of the Application in the names Formosa Maryanne vs Formosa Geoffrey, Application number 226/17 AL, the following publication was ordered for the purpose of service of Geoffrey Formosa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the names Maryanne Formosa (ID 557461M) vs Geoffrey Formosa (ID 634762M) on the 23rd May, 2017, the applicant Maryanne Formosa ID 557641M), Application in terms of Article 66A of Cap 16 of the Laws of Malta, asked this Honourable Court:

a) To declare that the marriage contracted between the parties on the 3rd October, 1985, be dissolved and declared dissolved and uphold the other demands in the application.

Applicant: 96, Triq il-Ħortan, Marsaskala

Respondent: 31A, Flat 2, Triq Brolli, Birżebbuġa

The Application Formosa Maryanne vs Formosa Geoffrey , application number 226/17 AL, was deferred for hearing to Thyrsday, 12th April, 2018, at 9.15 a.m.

Registry of the Civil Courts (Family Section), today 22nd February, 2018

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



365

Bann for Curators

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 13th February, 2018, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 16th February, 2018, in the records of the schedule of deposit and concurrent redemption of ground rent bearing number 32/2018 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Maria Caruana, a housewife, wife of Michaelangelo Caruana, daughter of the late Francesco Xerri and of Grazia née Bonello, born in Xagħra, Gozo, on the nineteenth (19th) of February of the year nineteen forty-five (1945) and residing at ‘Maria Bambina’, Triq l-Għar ta’ Xerri, Xagħra, Gozo, identity card number 20445G, in her capacity of mandatory of her brother Joseph Xerri, a farmer, son of the late Francesco Xerri and of Grazia née Bonello, born in Xagħra, Gozo, on the fourth (4th) of October of the year nineteen forty-six (1946) and residing at 1086, Richmond Road, Marsden Park, New South Wales, Australia, 2765, identity card number 75746G, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown third parties who are the owners of the direct dominium mentioned in the schedule of deposit and concurrent redemption of ground bearing number 32/2018 in names ‘Maria Caruana nomine versus deputy curators to represent unknown third parties that are the owners of the direct dominium mentioned in the schedule of deposit concurrent redemption of ground rent’ filed on the 15th February, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 

That by means of a deed of partition dated nineteenth (19th) of March 1988 Joseph Xerri was assigned the unnamed premises bearing official numbers thirty-eight and thirty-nine (38 and 39) (previously bearing official numbers thirty-two and thirty-three (32 u 33)) in Triq Ġnien Imrik, Xagħra, Gozo, with its annexed garden, comprising all its area, which premises, together with its annexed garden are better shown on the site-plan annexed to the said schedule of deposit.

Thus originally, the property above described was assigned to Anthony Xerri in the deed of partition in the records of the Notary Francesco Gauci of the twenty-fourth (24th) of July of the year nineteen forty-seven (1947). The said Anthony Xerri died on the eleventh of May of the year nineteen sixty-five (11th May, 1965) and by means of a will in the records of Notary Francesco Gauci, dated fourteenth (14th) of January of the year nineteen fifty-four (1954) he bequeathed his property above described by title of prelegacy to his son Francesco Xerri. The said Francesco Xerri died on the eleventh (11th) of February of the year nineteen eighty-seven (1987) intestate and thus his inheritance and succession devolved on his two children namely Joseph and Maria wife of Michaelangelo Caurana, siblings Xerri, who subsequently convened on the deed of partition of the year nineteen eighty-eight (1988) above referred to;

That although in the said deed of partition the property bearing numbers thirty-eight and thirty-nine (38 and 39) in Triq Ġnien Imrik, Xagħra, Gozo, was assigned as free and unencumbered, it results that in actual fact this property is subject to the annual and perpetual and non- revisable ground rent of seven and a half pence today equivalent to seven euro cents (€0.07c). This ground rent does not result to whom it is payable. 
Thus, the applicant nomine wishes to free herself from any responsibility and redeem this ground rent and thus she is humbly calling upon this Honorable Court and under its authority she is depositing the global sum of one euro and seventy five cents (€1.75) representing in so far as the amount of thirty-five euro cents (€0.35) arrears of the ground rent for the past five years till today whilst the remaining one euro and forty cents (€1.40) being the redemption of ground rent burdening the property described above. Thus, the sum deposited may be freely withdrawn by the person entitled to such as long as due receipt according to law is tendered.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform this Court forthwith.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Paul Coppini, LLD, a Magistrate of the said Court.

This 22nd February, 2018

Registry of the Court of Magistrates (Gozo) 
Superior Jurisdiction, General Section

DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals



366

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 13th day of February, 2012, following the request of Stuart Property Development Limited (C 35771), it was ordered that deputy curators be appointed to represent the absent Carmelo Calleja, Lawrence Cassar Desain sive Desain Viani, and Jason Cassar Desain in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 203/2012 in the names Stuart Property Development Limited (C 35771) vs Deputy Curators et and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 9th day of February, 2012, in the First Hall of the Civil Court, in the names Stuart Property Development Limited (C 35771) 

vs

Michael Cassar Desain (ID 767250M), Francesca Salomone (ID 119969M), Stephen Said (ID 92068M), Andrew Said (ID 398771M), Christine mart Carmelo sive Lino Delia (ID 487242M), Carmelo sive Lino Delia (ID 802333M), Vivien Cassar Desain (ID 000946A), Mark Cassar Desain (ID 220565M), Rachel Cassar Desain (ID 454467M), Veronica mart Bernard Von Brockdorff (ID 571941M), Bernard Von Brockdorff (ID 789832M), Anthony Mary Zammit (ID 535949M), Constance Mercieca (ID 726047M), Nathalie Savill, and Deputy Curators to represent the absent Carmelo Calleja, Lawrence Cassar Desain sive Desain Viani, and Jason Cassar Desain, Stuart Property Development Limited (C 35771) respectfully submitted:

That the depositor acquired the house and the attached garage with official property number 108, Triq Sir Patrick Stuart, Gżira, and the block of garages with number 109, Triq Sir Patrick Stuart, Gżira, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent; 

That the said properties are together subject to an annual and perpetual ground rent and sub-ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositor would like to avail itself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent and sub-ground rent in terms of the cited law by depositing the sum of €159 which represents the price of redemption of the said ground rent and sub-ground rent in order to be freely withdrawn by Michael Cassar Desain (ID 767250M), Francesca Salomone (ID 119969M), Stephen Said (ID 92068M), Andrew Said (ID 398771M), Christine mart Carmelo sive Lino Delia (ID 487242M), Carmelo sive Lino Delia (ID 802333M), Vivien Cassar Desain (ID 000946A), Mark Cassar Desain (ID 220565M), Rachel Cassar Desain (ID 454467M), Veronica mart Bernard Von Brockdorff (ID 571941M), Bernard Von Brockdorff (ID 789832M), Anthony Mary Zammit (ID 535949M), Constance Mercieca (ID 726047M), Nathalie Savill, and the deputy curators appointed to represent the unknown heirs of the absent Carmelo Calleja, Lawrence Cassar Desain sive Desain Viani, and Jason Cassar Desain, after the due receipt is left according to law.

Depositor: Stuart Property Development Limited (C 35771), 48-50, Ix-Xatt ta’ Xbiex, Ta’ Xbiex
Services: Deputy Curators, Superior Courts, Valletta
Director of the Public Registry, Valletta
Land Registry, Valletta
Michael Cassar Desain (ID 767250M), 47, Triq il-Kbira, Ħal Għargħur
Francesca Salomone (ID 119969M), 8, Sarah, Triq il-Palma, Swieqi
Stephen Said (ID 92068M), 3, Demi’s Court, Floor 1, Triq il-Palma, Swieqi
Andrew Said (ID 398771M), San Andrea Court Blk A, Fl 6, Triq Sant’Andrija, Swieqi
Christine Delia (ID 487242M) and Carmelo sive Lino Delia (ID 802333M), 1, Triq Ivo Muscat Azzopardi, San Ġiljan
Vivien Cassar Desain (ID 000946A), 1, Stoke, Misraħ San Pawl, Naxxar
Mark Cassar Desain (ID 220565M), 165, Triq Santa Margerita, Siġġiewi
Rachel Cassar Desain (ID 454467M), 1, Stoke, Misraħ San Pawl, Naxxar
Veronica mart Bernard Von Brockdorff (ID 571941M) and Bernard Von Brockdorff (ID 789832M), 61, Triq Stella Maris, Tas-Sliema
Anthony Mary Zammit (ID 535949M), 11, Chez Anvi, Triq il-Qigħan, Mellieħa
Constance Mercieca (ID 726047M), Mardon, Triq il-Punent, Msida
Nathalie Savill, 20, Cloisters Walks/3, Triq il-Karmnu, San Ġiljan
Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph Azzopardi, LLD, Doctor of Laws.

Dated this 13th day of February, 2012

Registry of the Superior Courts
Today Thursday, 22nd February, 2018

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



367

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 16th February, 2018, following a request of Paolo Viscione, Vincenzo Viscione and Bruno Lago, it was ordered that deputy curators be chosen to represent Andrea Ratti, in the records of the Appeal number 1082/2013, in the names Brian Tonna noe vs Luciano Rotondi et and in the other relative and subsequent acts.

By means of an Appeal Application, filed, in the Court of Appeal (Superior Jurisdiction) on the 4th January, 2017, in the names Brian Tonna as liquidator of the company European Insurance Group Limited (C 35780) vs Luciano Rotondi, Andrea Ratti, Enzo Rescinti, Bruno Lago (together Official Directors) and Vincenzo Viscione, Paolo Viscione, and Giovanni Sidotti (togerher Hidden Directors) (all Directors) the applicant Paolo Viscione (Italian identity card Nr AS 9162569), Vincenzo Viscione (Italian identity card Nr AA 061919) and Bruno Lago (Italian identity card AA2951054) respectfully pleaded:

That by means of an application filed on the 11th November, 2013, the liquidator of the company European Insurance Group Limited (EIG) instituted procedures against the respondents qua directors of the company EIG in terms of Article 316 of Cap 386 (Wrongful Trading) and premised the following;

Introduction

1. After it had been registered in Malta, from the 21st February 2005, EIG was licensed by the Malta Financial Services Authority (MFSA) to provide insurance services with effect from the 22nd November, 2007, the authorisation was so that EIG cover risks in Italy,

2. With effect from the 26th April, 2010, EIG was prohibited by the Italian authorities to enter into more insurance contracts in Italy,

3. The License that EIG had to provide insurance services was revoked by MFSA on the 12th July, 2010.

… omissis …

That thus the plaintiff asked this Honourable Court;

Thus, the applicants humbly pray that this Honourable Court in terms and for the purposes of Article 316 of Cap 386:
i) To declare that there was no reasonable prospect that EIG avoid dissolution due its insolvency,

ii) Declare that the Directors or either of whom knew or should have known before the dissolution of EIG that there was reasonable prospect that EIG avoid dissolution due to its insolvency,

iii) Declare the respondents responsible to make a payment in favour of the assets of EIG as this Honourable Court deems fit,

iv) Order the payment of this amount.

With costs

… omissis ….

That by means of a preliminary decision of the First Hall Civil Court, in the names premised given on the 15th December 2016, the following was decided:

… omissis …

That the appellants felt aggrieved by this decision given by the First Hall Civil Court on 15th December 2016, in the names premised and thus are humbly filing this appeal;


That the grievances of the appellants are clear and manifest and consist in the following;

… omissis …

That in view of the judicial proceedings both those which have been closed and those which are still pending above mentioned it is clear that the merit of the present lawsuit is exhausted.

Thus, whilst referring to the proof already produced and reserving to bring further proof at this stage, the appellants respectfully pray that this Honourable Court of Appeal, cancel and revoke the judgemebnt given by the First Hall Civil Court, on the 15th December, 2016, in the names premised by upholding the first and second pleas of the appellants Paolo Viscione, Vincenzo Viscione and Bruno Lago.

Notify: Andrea Ratti, Via Alessandro Manzoni, Numero 253, Quartieri Posilippo, Cap 8012, Naples, Italy

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 Reġistry 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 stipulate tiome, this 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 Superior Court above mentioned with the witness of the Hon. Chief Justice Silvio Camilleri, LLD, Doctor of Laws.

Today 16th February, 2018

Registry of the Superior Courts(Appeals), today 22nd February, 2018

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


368

By decree given by the Civil Court, First Hall, on the 21st February, 2018, on the application of Dr Joseph Ellis in his quality of special mandatory of the society Sonnig SA, Tuesday, 10th April, 2018, at half past ten in the morning (10.30 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:

Quarter of an undivided share of apartment numbered three (3), Kingstown Flats in Triq Testaferrata, Gżira, valued at eleven thousand euro (€11,000).

Quarter of an undivided share of apartment numbered four (4), Kingstown Flats in Triq Testaferrata, Gżira, valued at fifteen thousand, five hundred euro (€15,500).

Quarter of an undivided share of apartment numbered five (5), Kingstown Flats in Triq Testaferrata, Gżira, valued at twelve thousand euro (€12,000).

Quarter of an undivided share of apartment numbered six (6), Kingstown Flats in Triq Testaferrata, Gżira, valued at seventeen thousand euro (€17,000).

The said tenement is the property of Fenech De Fremaux Deborah (ID186876M).

N.B. The said tenement will be sold as described in the Judicial Sales Act 67/2014

Registry of the Superior Courts, this Thursday, 22nd February, 2018

RUDOLPH MARMARÀ
For Registrar, Civil Courts and Tribunals


369

It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 22nd of February, 2018, by Eugen Sapiano and Godfrey Sapiano, number 278/2018, wherein they prayed to be declared open in their favour in equal share between them the Succession of their parents Rosaria Sapiano (ID 0043432M), wife of Giuseppe, daughter of the late John Bonello and Maria Stella née Vella, born at Santa Venera, resided at Paola and died at Floriana on the 28th of January, 1977, aged 45 years and Giuseppe Sapiano (ID 0102733M), son of the late Vincenzo and Maria née Tonna, born at Rabat Malta, resided at Paola and died at Marsaskala on the 6th of February, 2016, aged 83 years.

Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et sequitur of Cap.12 of the Laws of Malta

Registry of the Civil Court(Voluntary Jurisdiction Section)

Today the 22nd of February, 2018

MARCEL BUGEJA
For the Registrar, Civil Courts and Tribunals.



370

By means of a decree given by the Civil Court (Family Section) on the18th May, 2017, in the records of the Application in the names Azzopardi Emmanuel vs Borg Azzoprdi Esmeralda, Application number 90/17 AL, the following publication was ordered for the purpose of service of the respondent Esmeralda Borg Azzopardi (ID 1099373M) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Emmanuel Azzopardi (ID 482270M) vs Esmeralda Borg Azzopardi (ID 109373M) on the 9th March 2017, the applicant Emmanuel Azzopardi (ID 482270M) asked this Honourable Court,

To declare that his marriage with the respondent Esmeralda Borg Azzopardi as dissolved and that the parties are divorced for all intents and purposes of law and and uphold the other demands in the application.

Applicant: Samago, Flat 4, Triq Ġulju, St Paul’s Bay

Respondent: Castle Bar Court, Flat 4, Triq it-Tempesta, St Paul’s Bay
 
The Application in the names Azzopardi Emmanuel vs Borg Azzopardi Esmeralda, Application number 90/17 AL, was deferred for hearing to Thursday, 1st March, 2018, at 9.15 a.m.

Registry of the Civil Courts (Family Section), today 23rd February, 2018

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



371

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 23rd day of November, 2017, in the records of the Sworn Application in the names Evangelista Camilleri (ID 476436M) et vs Carmela Galea (ID 173452M), Sworn Application number 967/2017 LSO, it was ordered that service upon Carmela Galea (ID 173452M) 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 Evangelista Camilleri (ID 476436M) et vs Carmela Galea (ID 173452M) on the 20th day of October, 2017, Evangelista Camilleri (ID 476436M) et asked this Honourable Court to: 

1. Enter judgement allowing their demands without proceeding to trial in terms of Articles 167 and 170 of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta);

2. Order the eviction of the respondent from the premises Flat 1, 62, Kristu Re, Triq il-Katidral, St Paul’s Bay, within a short and peremptory period of time to be fixed by this Honourable Court. 

With court costs against the respondent, as of now summoned so that a reference to her oath be made. Saving any action for damages and costs incurred by the applicants.

Applicants: Evangelista Camilleri (ID 476436M) et, 12, Kristu Re, Għerien il-Ħida, l/o Mellieħa

Services:Carmela Galea (ID 173452M), Flat 1, 62, Kristu Re, Triq il-Katidral, St Paul’s Bay

The Sworn Application in the names Evangelista Camilleri (ID 476436M) et vs Carmela Galea (ID 173452M) was deferred for hearing to the 20th day of March, 2018, at 9.30 a.m. 

Registry of the Superior Courts
Today Friday, 23rd February, 2018

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



372

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th February 2018, Application number 211/2018, by Rita Magri et whereby they prayed that it be declared open in favour of the same Rita Magri in the quota of one half (1/2) undivided share and in favour of Elizabeth Borg, Amy Magri and Brian Magri brother and sisters Magri in the quota of one sixth (1/6) undivided share each one of them the Succession of Tommaso sive Thomas Magri, son of the late Saverio Magri and Nicolina née Camenzuli, born in Ħal Luqa and resided in Mosta and died in Birżebbuġa, Malta, on the 23rd August 2017, aged 71, holding identity card number 0769245M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



373

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th February 2018, Application number 193/2018, by Joseph Muscat and Carmel Muscat whereby they prayed that it be declared open in their favour in the quota of one half (1/2) undivided share each one of them the Succession of VictorMuscat, son of the late John Muscat and Rosina Muscat née Cremona, born in Floriana, and died in Floriana on the 15th September, 2017, aged 63, holding identity card number 607554M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



374

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th February, 2018, Application number 227/2018, by Lindsey Zahra whereby she prayed that it be declared open in its own interity in favour of Kim Zahra, daughter of the decujus, the Succession of John Zahra, legally seperated from Lindsey Zahra, son of Alfred Zahra and Frances née Abdilla, born in Tal-Pietà and resided in Birżebbuġa, and died in Tal-Magħluq, Marsaxlokk, on the 19th April, 2017, aged 36, holding identity card number 410880M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
 


375

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th February, 2018, Application number 177/2018, by Emanuel Micallef, Silvia Mifsud, Sandra Grech Micallef u Michael Micallef, whereby they prayed that it be declared open in favour of her husband Emanuel Micallef in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of her three children Silvia Mifsud, Sandra Grech Micallef and Michael Micallef, the Succession of Filippa Micallef, wife of Emanuel Micallef, daughter of the late Pietro Camilleri and Carmela née Piscopo, born in Ħaż-Żebbuġ, Malta, resided in Gżira and died in Tal-Qroqq, Msida, on the15th July, 2014, aged 74, holding identity card number 0340640M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



376

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th February 2018, Application number 182/2018, by Carmel Del Volto Santo sive Carmel Cauchi, Joseph Cauchi, Anna Farrugia and Sonia De Boer whereby they prayed that it be declared open in their favour the Succession of Giovanna Cauchi, daughter of the late Joseph Farrugia and Rosaria née Buhagiar, born in Ħamrun and died in tal-Qroqq, Msida, on the 28th November, 2016, aged 76, holding identity card number 688040M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
 


377

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th January, 2018, Application number 114/2018, by Yana D’Amato and the minor Benjamin D’Amato whereby they prayed that it be declared open in the quota of one half (1/2) undivided share each one of them the Succession of Remy Julien D’Amato, son of Remigio D’Amato and Josephine née Galea, born in Tal-Pietà, resided in Mosta, and died in Floriana on the 20th September, 2017, aged 31, holding identity card number 051288M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



378

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th January, 2018, Application number 109/2018, by Carmela sive Carmen Farrugia, Clifford Farrugia, Leanne Camilleri and Annelise Farrugia whereby they prayed that it be declared open in their favour the Succession of Carmel Farrugia, son of the late Joseph Farrugia and Maria Rosaria née Buhagiar, born in Ħamrun and died in Tal-Qroqq, Msida, on the 14th June 2016, aged 64, holding identity card number 0180252M.

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 23rd February, 2018
 
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



379

By a decree of the Court of Magistrates (Malta) of the 7th February 2018, the publication of the following extract was ordered for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 12th June, 2017, in the records of judicial letter with bills of exchange number 5047/2009 in the names United Acceptance Finance Limited (C 360) of Mizzi House, National Road, Blata l-Bajda vs Richard Spiteri (ID 118271M) of 102, Flat 2, Triq San Duminku, Valletta, whereby United Acceptance Finance Limited (C 360) respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 5047/2009, the interpellant company rendered enforceable the bills of exchange amounting to €341.51 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and, thus, the applicant company cannot proceed without the authorisation of this Honorable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of €341.51, together with interest and relative costs according to law which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honorable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.
 
In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice number 151/17MLF

United Acceptance Finance Limited 
vs

Richard Spiteri 

The Court,

Saw the application of United Acceptances Finance Limited of the 12th June, 2017;

Orders the service of the same application to the counter-party who has twenty (20) days from the day of notification to submit a reply and schedules the application for hearing and for all the evidence of the parties for the sitting of the 23rd October, 2017, at 12.00 p.m. which is postponed to the 26th March, 2018, at 12.00 p.m. 

Today 19th June, 2017

Registry of the Courts of Magistrates (Malta), today 23rd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


380

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of February, 2018, following the request of Kasa Properties Limited (C 73067), it was ordered that deputy curators be appointed to represent the interests of the unknown directus dominii in the records of the Schedule of Deposit of Ground Rent with number 255/2018 in the names Kasa Properties Limited (C 73067) vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit of Ground Rent, filed on the 8th day of February, 2018, in the First Hall of the Civil Court, in the names Kasa Properties Limited (C 73067) 

vs

Deputy Curators to represent the interests of the unknown directus dominii, Kasa Properties Limited (C 73067) respectfully submitted:

That the depositor is the owner of the premises 25, Triq Ġorġ Borg Olivier, formerly Triq Grenfell, corner with Trejqet Grenfell, San Ġiljan, described in the aforementioned Schedule of Deposit of Ground Rent; 

That the said property is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit of Ground Rent;

That the depositor would like to deposit the sum of €34.95 which represents the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the interests of the unknown directus dominii, after the due receipt is left according to law.

Depositor: Kasa Properties Limited (C 73067), 25, Triq Ġorġ Borg Olivier, San Ġiljan

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.
Dated this 9th day of February, 2018

Registry of the Superior Courts

Today Friday, 23rd February, 2018

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






381

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 16th February 2018, following a request of Paolo Viscione, Vincenzo Viscione and Bruno Lago, Fabio Solano, Luciano Sorice u Compagnia Generale Servizi u Finanza CO. GE. S. FIN Limited it was ordered that deputy curators be chosen to represent Oscar Russo, Francesco Gerard Gerardi and Andrea Ratti, in the records of the Appeal number 1083/2013, in the names Brian Tonna noe vs Vincenzo Viscione et and in the other relative and subsequent acts.

By means of an Appeal Application, filed, in the Court of Appeal (Superior Jurisdiction) on the 4th January 2017, in the names Brian Tonna as liquidator of the company European Insurance Group Limited (C 35780) vs Vincenzo Viscione, Paolo Viscione, Giovanni Sidotti, Oscar Russo, Fabio Solano, Bruno Lago, Luciano Rotondi, Luciao Sorice, Mario Francesco Gerardo Girardi, Pier Giuseppe Guia, Antonio Resciniti, Giuseppe Reciniti, Enzo Resciniti, Andrea Ratti, Maurio Ceccarelli Compagnia Generali Servizzi e Finanza CO. GE. S. FIN Limited (English Company number 5265693) the applicant Paolo Viscione (Italian ID AS 91625690) Vincenzo Viscione (Italian ID AA 6600587) Luciano Sorice and Compagnia Generale Servizi e Finanza CO. GE. S. FIN Limited (English Company number 5265693) respectfully pleaded:


That by means of an application filed on the 11th November, 2013, the liquidator of the company European Insurance Group Limited (EIG) instituted procedures against the respondents qua directors of the company EIG in terms of Article 315 of Cap. 386 (Fraudulent Trading) and premised the following;

Introduction

1. After having been registeresd in Malta, from the 21st February, 2005, EIG was licensed by the Malta Financial Services Authority (MFSA) to provide insurance services with effect from the 22nd November, 2007, the authorisation was so that EIG covers risks in Italy.

2.With effect from the 26th April, 2010, EIG was prohibited by the Italian authorities to enter in more insurance contracts in Italy.

3. The License that EIG had to provide insurance services was revoked by MFSA on the 12 th July, 2010.


… omissis …

That thus the plaintiff asked this Honourable Court;

Thus, the applicant humbly prays that this Honourable Court declares in terms and for the purposes of Article 315 of Cap. 386, the respondents or either who of them personally responsible and in solidum without limitation of responsibility for all the debt of EIG or 6 for that portion or part of debt of EIG as the Court may order’.


… omissis …

That by means of a preliminary decision the First Hall Civil Court, in the names premised given on the 15th December, 2016, the following was decided;

… omissis …

That the appellants felt agġieved by this decision given by the First Hall Civil Court, on the 15th December, 2016, in the names premised and thus are filing this humble appeal;


That the grievances of the appellant are clear and manifest and consist in the the following;

1. That the first grievance of the appellant is that the appellant is that the Court in First Instance had to decide that it did not have juerisdiction in terms of Regulation 44/2001 and thus the Brussels 1 Regulations were applicable;

2.The second grievance of the appellants without prejudice to the above, is that even in terms of Article 742(B) of Cap. 12 this Court had to declare that it did not have jurisdiction.

3. The third grievance of the appellants is that the Court in First Instance had to renounce from exercising its jurisdictioon since procedures before Foreign Courts and this in terms of Article 27 of Brussels 1 Regulation and even on the basis of Article 742(2) of Cap. 12.
… omissis …

Thus, whilst referring to the proof already produced and reserving to bring further proof at this stage, the appellants respectfully pray that this Honourable Court of Appeal, to cancel and revoke the judgement given by the First Hall Civil Court, on the 15th December, 2016, in the names premised by upholding the first and second pleas of the appellants Paolo Viscione, Vincenzo Viscione and Bruno Lago, Fabio Solano, Luciano Sorice and Compagnia Generale Servizi e Fianza CO. GE. FIN. Limited.


Notify: Oscar Russo, Via Francescho Puchetta, No 12, Cap 82016, Montesarchio, Italy

Mario Francesco Gerard Gerardi, Via Rua No 5 in 3 Cap 81017, Sante Angeli d’ Alfie (CE), Italy

Andrea Ratti-Via Alessandro Manzoni, Numero 253, Quartieri, Posilippo, Cap 8012, Naples, Italy

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 Reġistry 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 stipulate tiome, this 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 Superior Court above mentioned with
the witness of the Hon.Chief Justice Silvio Camilleri, LLD, Doctor of Laws.

Today 16th February, 2018

Registry of the Superior Courts (Appeals), today 23rd February, 2018

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


382

By a decree of the Court of Magistrates (Malta) of the 23rd November, 2017, the publication of the following extract was ordered for the purpose of effecting service on The Ramblers Association of Malta in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Emanuel sive Noel Ciantar (ID 9373M) of Ciantar Farmhouse, Wied Hażrun, Rabat, Malta, filed an Application on the 26th October, 2017, whereby he requested the Court to confirm why The Ramblers Association of Malta VO/0024 of Room 83 National Swimming Pool Complex, Triq Maria Teresa Spinelli, Gżira, should not be condemned to:


1. Subject to a declaration that as the author of various declarations forming part of the exercise of your right of reply under the Press Act which were published in an article in The Malta Independent on Sunday on Sunday, 30th October, 2016, entitled ‘Fabrication against the Ramblers Association’ (copy of the article is attached and marked as Doc. A) you slandered and libelled the applicant as will be proven;

2. You pay the applicant that sum that this Court in terms of Article 28 of Cap. 248 of the Laws of Malta will liquidate as damages for the libel that he suffered as a consequence of this published declaration above mentioned, which declarations had were aimed to damage his reputation, integrity and honour.


With costs against the defendant, the representatives of which are from now summoned so that a reference to their oath be made.

The case (Application number 321/17FDP) is postponed to the 15th March, 2018, at 9.00 a.m.

Registry of the Courts of Magistrates (Malta), today 23rd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


383

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 13th day of February, 2013, following the request of Rosina Zarb (ID 151236M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of the deceased Emanuel Depares in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 206/2013 in the names Rosina Zarb (ID 151236M) et vs Deputy Curators and in the other relative and subsequent acts.
By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 8th day of February, 2013, in the First Hall of the Civil Court, in the names Rosina Zarb (ID 151236M), Antonia Barbara (ID 321843M), Edwin Vella (ID 232082M), Mark Vella (ID 146885M), Jason Vella (ID 563187M), John Vella (ID 29788M), Graziella Bonnett née Vella (ID 433382M), Connie Galea née Buhagiar (ID 616462M), and Giovanna Magro (ID 574021M) 

vs

Deputy Curators to represent the unknown heirs of the deceased Emanuel Depares, Rosina Zarb (ID 151236M) et respectfully submitted:

That the depositors are the owners of a fabricable parcel of land in Raħal Ġdid, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent; 

That the said land is subject to an annual and perpetual sub-ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same sub-ground rent in terms of the cited law by depositing the sum of €519.92 which represents the price of redemption of the said sub-ground rent in order to be freely withdrawn by the deputy curators appointed to represent the unknown heirs of the deceased Emanuel Depares, after the due receipt is left according to law.

Depositors: Rosina Zarb (ID 151236M) et, 180, Triq Ħaż-Żabbar, Paola 

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Land Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.
Given by the abovementioned Superior Court and witnessed by The Hon. Madam Justice Jacqueline Padovani Grima, LLD, Doctor of Laws.

Dated this 13th day of February, 2013

Registry of the Superior Courts

Today Friday, 23rd February, 2018

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





384

By means of a decree of the 29th January, 2018, in the First Hall of the Civil Courts in the records of the judicial letter number 2542/17 in the names Bank of Valletta plc vs Lawrence Gatt et , ordered the following publication for the purpose of service of the respondent Graziella Gatt in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Lawrence Gatt and Graziella Gatt (ID 272278M) of Blk A, Flat 17, Osmonde Court, Triq il-Papa Piju XII, Ħaż-Żabbar, on the 18th July, 2017, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, solicits you so that within two days you pay the sum, together and in solidium, of €186,820.85 balance of debt in your Loan Accounts with Bank of Valletta p.l.c. together with further interests from the 28th February, 2017.

The interpellant company warns you that if you fail they shall be constrained to proceed against you according to law.

Registry of the Superior Courts today 23rd February, 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



385

By means of a decree of the 4th May, 2017, given by the Civil Court First Hall in the records of judicial letter number 433/17, in the names Registrar of Civil Courts and Tribunals vs J Cachia Caruana Limited et , 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 8th February, 2017

To J. Cachia Caruana Limited et of 12, Triq il-Proża, 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 €3,790.25 due by you as Registry fees in connection with the law suit in the names:


Bank of Valletta plc vs J. Cachia Caruana Ltd et (SC, TM, JA1), decided on the 30th September, 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 23rd February, 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



386

By means of a decree given on the 30th November, 2017, in the records of the judicial letter number 3652/17, in the names Dr Michelle Tabone et noe vs Clement Gauci, the Rent Regulation Board ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondent Clement Gauci.

In the Rent Regulation Board

Today 4th October, 2017

To Clement Gauci (ID 689045M) of 62, Rozol, Triq il-Knisja l-Qadima, Birkirkara

By means of this present Dr Michelle Tabone (ID 138371M) as Bursar of his Excellency Monsignour Charles J. Scicluna, Bishop of Malta, Administrator of the Ecclesiatical Diocesan Entities of Malta, for and on behalf of the St Paul Parish Church, Valletta, as owner of the premises number 75, Triq San Pawl, Valletta, solicits you so that within one week you vacate the said premises as the lease of the premises in question is in breach of the fundamental rights of the applicant nomine as protected particularly but not exclusively in terms of the Constitution of Malta and the European Convention on the Human Rights, and this on the basis of a number of judgements of our Honourable Constitutional Court and also the Court of European Human Rights.

If you remain in default, the interpellant nomine will have no alternative but to proceed against you according to law.
This letter is being made without prejudice to any other claims which the applicant nomine may have against you, if subsequent to the week given to you, you arbitrarily and illegally decide to remain in occupation of the said premises. 


So much for your own guidance

With costs

applicant: Dr Michelle Tabone nomine, Kurja Arciveskovili, Floriana

Notification: Clement Gauci, 62, Rozol, Triq il-Knisja l-Qadima, Birkirkara

Registry of the Superior Courts, today 23rd February 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



387

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 1819/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Stella Mifsud, the following publication was ordered for the purpose of effecting service on the interpellant Stella Mifsud in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 18th July, 2016

To Stella Mifsud (ID 664535M) of 24, Triq il-Ballut, San Ġiljan

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 €2,307.86, 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 101000103480 for the premises 24, Triq il-Ballut, San Ġiljan, which amounts to €2,307.86.


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 23rd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



388

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 2972/12 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 Commissioner of Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, solicits you in terms of Article 59 of the Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €8,055.74 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

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

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants without further notice.

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

Registry of the Courts of Magistrates (Malta), today 23rd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals





389

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the ninth (9) of February two thousand and eighteen (2018) (Application number 12/2018JVC) Lawyer Doctor Carmelo Galea requested the opening of the Succession of Christopher John Warrington, son of the late John William Warrington and Nora Emma Vivian née Marquis, born in Nottingham, England, and who used to reside in Xlendi, at the boundaries of Munxar, Gozo, died in Xlendi, boundaries of Munxar, Gozo, between twenty third (23rd) and twenty forth (24th) of November, two thousand and sixteen (2016), intestate, which opening of succession is to be made in favour of his two (2) children Ian Michael Warrington and Kevin James Warrington as to one half (1/2) undivided share between them.

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. 


Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

This 23rd February, 2018

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals


390

By a decree of the 16th February, 2018, given by the Courts of Magistrates, 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).

That by the application filed by Surprice Car Rentals Malta Limited (C 72346) known as GRC Car Rentals Limited on the 17th November, 2017, is asking for the withdrawal of the amount of €1,145.76 by Surprice Car Rentals Malta Limited deposited by the Schedule of Deposit number 236/2017 in the names of:

Surprice Car Rentals Malta Limited (C 72346) known as GRC Car Rentals Limited vs Feras Ben Saoud (passaport Libjan 221575).

The Court ordered the notification of this application with two days for filing a replay.

Registry of the First Hall of Civil Courts (Malta), today the 23rd February, 2018

MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals



391

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 16th February, 2018, following a request of Bruno Lago, it was ordered that deputy curators be chosen to represent Luciano Rotondi and Andrea Ratti, in the records of the Appeal number 1084/2013, in the names Brian Tonna noe vs Luciano Rotondi et and in the other relative and subsequent acts.

By means of an Appeal Application, filed, in the Court of Appeal (Superior Jurisdiction) on the 4th January, 2017, in the names Brian Tonna as liquidator of the company European Insurance Group Limited (C 35780) vs Luciano Rotondi, Andrea Ratti, Enzo Resciniti, Bruno Lago, Vincenzo Viscione, Paolo Viscione, Giovanni Sidoti, Antonio Resciniti and Fabio Solano, the applicant Bruno Lago (Italian passport number AA 2951054) respectfully pleaded:

That by means of an application filed on the 11th November, 2013, the respondent instituted procedures against the applicant whereby he premised;

Introduction 

1. After it had been registered in Malta, from the 21st February, 2005, EIG was licensed by the Malta Financial Services Authority (MFSA) to provide insurance services with effect from the 22nd November, 2007, the authorisation was to cover risks in Italy.

2.With effect from 26th April 2010, EIG was prohibited by the Italian authorities to enter in more insurance contracts in Italy.

3. The License that EIG had to provide insurance services was revoked by MFSA , on the 12th July, 2010.


… omissis …

Thus, the applicant humbly asks this Honourable Court:


1.To declare that the respondents or either of whom violated the obligations in regard to EIG;

2. Declare further that EIG suffered damages due to the behaviour of the respondents or either of them;
3. Declare that the respondents or either of whom responsible for the payment of damages and responsible to pay back every property together with the other benefits acquired by them;

4. Liquidate the amount of damages so suffered;

5. Order the respondents or either of them to pay the applicant company that sum of damages , property and benefits so liquidated.

… omissis …

That by means of a preliminary decision of the First Hall Civil Court, in the names premised given on the 15th December, 2016, the following was decided;

… omissis …

That the appellants felt aggrieved by this decision given by the First Hall Civil Court, on the 15th December, 2016, in the names premised and thus is humbly filing this appeal;


That the grievances of the appellants are clear and manifest and consist in the following:

1. That the first grievance application of Article 5 of the Regulation 44/2001;

2.The second grievance – the nebulosity of the action;

3. The Third grievance – application of Article 27 of Regulation 44/2001.

Thus, in view of the above whilst referring to the proof already produced and reserving to bring further proof at this stage the appellant respectfully prays that this Honourable Court of Appeal, cancel and revoke the judgement given by the First Hall Civil Court, on the 15th December, 2016, in the names premised by upholding the first and second plea of the appellant Bruno Lago, in their entirety.


Notify: Luciano Rotondi: Via Giuseppe Barano, 5/A in 3 CAP 0061-Rome, Italy

Andrea Ratti: Via Alessandro Manzoni, No 253, Quartiere , Posilippo, CAP 90123, Naples, Italy
  
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 Reġistry 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 stipulate time, this 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 Superior Court above mentioned with the witness of the Hon. Chief Justice Silvio Camilleri, LLD, Doctor of Laws.

Today 16th February, 2018

Registry of the Superior Courts (Appeals), today 23rd February, 2018

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


392

It is hereby notified that by virtue of a decree given on the 22nd of February 2018, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Michele Maresca (ID 134292A) of Id-Denfil, Flat 4, Triq Għar Qawqla, Marsalforn, Żebbuġ, Gozo:


The company Go plc (C 22334) of Triq Fra Diegu, Marsa, Malta, filed a claim in the Small claims Tribunal (Gozo) – Case number 39/2017 in re ‘GO plc vs Michele Maresca’ – on the 9th of November, 2017, wherein it requested the Tribunal to condemn the defendant Michele Maresca to pay plaintiff company the amount of €1005.71 in connection with services, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 19th of April, 2018 ,at 11.00 a.m.

Registry of the Court of Magistrates (Gozo) 

This 23th of February, 2018

DANIEL SACCO
Deputy Registrar


393

It is hereby notified that by virtue of a decree given on the 22nd of February, 2018, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Stefan Demicoli (ID 178997M) of Trieste Court, Flat 5B, Qbajjar Street, Marsalforn, Gozo.


The company GO plc (C22334) of Triq Fra Diegu, Marsa, Malta, Malta filed a claim in the Small claims Tribunal (Gozo) – Case number 1/2018 in re ‘Go plc vs Stefan Demicoli’ – on the 12th of January, 2018, wherein it requested the Tribunal to condemn the defendant Stefan Demicoli to pay plaintiff company the amount of €941.14 in connection with services, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 19th of April, 2018, at 11.00 a.m.

Registry of the Court of Magistrates (Gozo) 

This 23th of February, 2018

DANIEL SACCO
Deputy Registrar



394

It is hereby notified that by virtue of a decree given on the 22nd of February 2018, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Marek Drga (ID 82411A) of Bellusa Buildings, Flat 2, l-Arċisqof Pietru Pace Street, Victoria, Gozo:


The company GO plc (C 22334) of Triq Fra Diegu, Marsa, Malta, Malta filed a claim in the Small Claims Tribunal (Gozo) – Case number 424/2016 in re ‘Go plc vs Marek Drga’ – on the 5th of October, 2016, wherein it requested the Tribunal to condemn the defendant Marek Drga to pay plaintiff company the amount of €665.02 in connection with services, together with costs, interest and legal expenses. 


The hearing of this case is being deferred to the 19th of April, 2018, at 11.00 a.m.

Registry of the Court of Magistrates (Gozo) 

This 23th of February, 2018

DANIEL SACCO
Deputy Registrar



395

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 15th day of February, 2018, following the request of Elizabeth Zerafa (ID 838952M) et, it was ordered that deputy curators be appointed to represent the other unknown co-owners in the records of the Sworn Application with number 112/2018 JPG in the names Elizabeth Zerafa (ID 838952M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 12th day of February, 2018, in the First Hall of the Civil Court, in the names Elizabeth Zerafa (ID 838952M), Michael Agius (ID 400655M), Josephine Mary Mallia (ID 130062M), and Shirley Xuereb Laus (ID 556374M) pro et noe

vs

Deputy Curators to represent the other unknown co-owners, Elizabeth Zerafa (ID 838952M) et asked this Honourable Court to:

1. Saving a declaration that the sale of the premises number 67, formerly 95, and formerly 83, Triq il-Kapuċċini, Floriana, for the global price of €90,000 and under the conditions agreed in the promise of sale agreement dated the 17th day of January, 2018 (Doc. A) is not of serious prejudice to the unknown owners, authorise the said sale of the property in its entirety in favour of the company BG Invest Ltd;

2. Order that the said property be sold to BG Invest Limited according to the terms and conditions agreed in the aforementioned promise of sale agreement;

3. Fix a day, time and place for the publication of the deed of sale of the property mentioned above;

4. Appoint a Notary Public to publish the relative deed of sale of the said property;

5. Appoint deputy curators to represent the unknown owners, as well as to represent the eventual defaulters on the relative deed of the said property.


With court costs against the respondents, or any of whom, as of now summoned so that a reference to their oath be made.
Applicants: Elizabeth Zerafa (ID 838952M) et 

Services: Deputy Curators, Superior Courts, Valletta


Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note. 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.

Dated this 15th day of February, 2018

Registry of the Superior Courts

Today Monday, 26th February, 2018

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



396

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the 23rd of February, 2018 (Decree number 20/2018JVC following Application number 1/2018JVC) Maria Rosa Vella, pensioner, spinster, daughter of the late Giuseppe Vella and Marija née Magro, born in Xewkija, Gozo, and residing in Rabat (identity card number 45628G) has been confirmed Interdicted from all acts of civil life.

Maria Spiteri, wife of Saviour Spiteri, daughter of Lewis Cordina and Carmen née Vella, born in Rabat, Gozo and residing in Ta’ Kerċem, Gozo (ID 13465G), has been nominated as her curator, by virtue of the said decree.

Registry of the Court of Magistrates (Gozo)
Voluntary Jurisdiction
This 26th February, 2018

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals