Court Notices published in Govt. Gazette No. 19,931 of 05 January 2018

COURT NOTICE

16

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 December, 2017, following the request of Carmelo Camilleri (ID 123469M) et, it was ordered that deputy curators be appointed to represent the absent Editha Farrugia in the records of the Sworn Application with number 1123/2017 TA in the names Carmelo Camilleri (ID 123469M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 14th day of December, 2017, in the First Hall of the Civil Court, in the names Carmelo Camilleri (ID 123469M) pro et noe, John Camilleri (ID 220566M), Anna Calleja (ID 62063M), Emanuel Camilleri (ID 843533M), John Camilleri (ID 327165M), Mansweta Galea (ID 605263M), Carmen Bugeja (ID 333571M), Nikolina Aquilina (ID 430436M), Antonia Aquilina (ID 404256M), Peter Paul Aquilina (ID 319160M), Albert Aquilina (ID 594262M), Carmen Camilleri (ID 108658M), Sapienza Aquilina (ID 591922M), Speranza Attard (ID 500949M), Mary Grech (ID 167862M), Joan Manicaro (ID 354146M), Joseph Bugeja (ID 472548M), George Bugeja (ID 301351M), Alfred Bugeja (ID 597657M), Emanuel Bugeja (ID 147759M), Maria Hili (ID 516788M) pro et noe, Marlon Xerri (ID 484089M), Nazzareno Farrugia (ID 134153M) pro et noe, Carmela Azzopardi (ID 705641M), Grace Ciantar (ID 1007245M), Notary Dr Dorian Sciberras (ID 332389M) noe, Paul Farrugia (ID 543054M), Alfred Farrugia (ID 122057M), Emanuel Farrugia (ID 1006149M), Tarcisio Debono (ID 0258154M) noe, and Avukat Dr Michelle Tabone (ID 138371M) Bursar of the Archbishop, the Administrator of all Diocesan Entities of Malta, on behalf and in the interest of the Cassa Pie of the Administration sive Office for the Celebration of Mass of the Central Fund of the Archbishop’s Curia of Malta

vs
Deputy Curators to represent the absent Editha Farrugia (Australian passport bearing number N7046374), Carmelo Camilleri (ID 123469M) et respectfully submitted,

That the immovable property i.e. the tenement with its free airspace and relative subsoil, with official property number 11, in Sqaq number 2 in Triq San Ġwann, Siġġiewi (‘The Property’), with all its rights and appertencies, merits of this application, was acquired by the parties as stated in the sworn application;

That the shares each party has in the Property are indicated in the Prospectus (herewith attached and marked Document B);

That the applicants have the majority of shares in the said Property and this because between them they own 329101/330000 (equivalent to 99.72%) of the shares in the Property, or rather in the tenement with its free airspace and its relative subsoil, with official property number 11, in Sqaq number 2 in Triq San Ġwann, Siġġiewi;

That the defendant owns 31/11000 (equivalent to 0.28%) of the shares in the said Property;

That the applicants through a Declaration of August 10, 2017, Declaration of August 29, 2017, and Declaration of September 1, 2017, declared and confirmed that they want to sell their respective shares in the abovementioned property in Siġġiewi for the price of €85,000 in terms of the same promise of sale agreements;

That it results that the defendant, despite being approached several times showed no interest in the property and remained reluctant to sell her share in the Property, and is not cooperating, including by failing to provide the documents necessary to allow the sale to occur, including by providing the necessary power of attorney;

That the Property has been held in a state of community for more than three years and no one of the owners brought an action before any Court or other tribunal for its division;

That the applicants, who together are the majority owners of the shares in the said Property, have the sale of the property and agree to sell the tenement de quo for the price of €85,000, and this as agreed by means of the documents cited in the sworn application;

That the defendant will not be prejudiced with such a sale;

That therefore there is no justification why the defendant should oppose this sale and do not come forward for such a sale.
Therefore, in terms of Article 495A of Cap. 16 of the Laws of Malta and other relevant provisions of the same Cap. 16, the applicants respectfully ask this Honourable Court to: (i) Authorise the sale of the tenement with its free airspace and relative subsoil, with official property number 11, in Sqaq number 2 in Triq San Ġwann, Siġġiewi for the price of €85,000 in terms of the promise of sale agreements dated the 7th day of March, 2014, and their respective extensions mentioned in the sworn application, in the records of Notary Dr Malcolm Licari, in favor of the prospective buyer Joseph Mallia in terms of the same promise of sale agreements, and give those necessary provisions in terms of Article 495(7); (ii) Establish the time, the day and the place, when and where the transfer should take place and appoint Notary Dr Malcolm Licari to publish the contract of sale; (iii) Appoint a curator, even from among the owners themselves, in order to represent the co-owners that fail to appear before the notary for the contract; or (iv) alternatively, in the event that the first claim is not upheld, take such measures as provided for in Article 495(9).

With court costs against the defendant who is as of now summoned so that a reference to her oath be made.

Applicants: Carmelo Camilleri (ID 123469M) et, 32, Turtle Dove, Triq il-Mitħna, Siġġiewi 

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 Joseph R. Micallef LLD, Doctor of Laws.

Dated this 15th day of December, 2017
Registry of the Superior Courts
Today Tuesday, the 2nd day of January, 2018

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



17

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 22nd day of December, 2017, following the request of Gasan Enterprises Limited (C 467), it was ordered that deputy curators be appointed to represent Anna Satariano (ID 68163A) in the records of the Sworn Application in the names Gasan Enterprises Limited (C 467) vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 21st day of December, 2017, in the First Hall of the Civil Court, in the names Gasan Enterprises Limited (C 467) 

vs

Deputy Curators to represent Anna Satariano (ID 68163A), Gasan Enterprises Limited (C 467) asked this Honourable Court to:

1. Declare that the Vehicle is owned by the company in accordance with the law and in accordance with the agreement between the parties;

2. In view of the first demand, order that the necessary changes in 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 the respondent;

3. Order the defendant or a deputy curator to make all the necessary acts and to appear in order to effect the changes requested in the second demand;

4. Declare that the applicant company is a creditor of the respondent in the sum of €20,061.29;

5. 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 owed to the applicant company pursuant to the fourth demand.

With court costs and legal interest. All rights and remedies at law are expressly reserved.

Applicant: Gasan Enterprises Limited (C 467) 

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 22nd day of December, 2017

Registry of the Superior Courts

Today Tuesday, the 2nd day of January, 2018

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



18

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 22nd day of December, 2017, following the request of Dominic Cassar (ID 1083146M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of Nazzareno Muscat, Giorgio Sant, Giuseppe Zarb and of Emmanuele Chetcuti in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 2087/2017 in the names Dominic Cassar (ID 1083146M) et 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 21st day of December, 2017, in the First Hall of the Civil Court, in the names Dominic Cassar (ID 1083146M), Carmelo Cassar (ID 241843M), Cornelia Brincat (ID 400870M), Rita Cassar (ID 951146M), Jason Cassar (ID 0245374M), Michael Cassar (ID 897149M), Nicholas Emanuel sive Nicholas Cassar (ID 231198M), Adam Cassar (ID 483284M), and Anthony Cassar (ID 0000458M)
vs

The Joint Office, and Deputy Curators to represent the unknown heirs of Nazzareno Muscat, Giorgio Sant, Giuseppe Zarb and of Emmanuele Chetcuti, Dominic Cassar (ID 1083146M) et respectfully submitted,


That the applicants have filed a Schedule in order to redeem the annual and perpetual ground rent and sub-ground rent burdening the divided portion of land measuring circa 301.81 sq.m. in St Paul’s Bay;

That while the annual and perpetual ground rent redeemed through the same Schedule is due to the Joint Office, the annual and perpetual sub-ground rent redeemed through the same schedule, the laudemium and the arrears of the same sub-ground rent are due to Nazzareno Muscat, Giorgio Sant, Giuseppe Zarb and Emmanuele Chetcuti in the amounts indicated in the same Schedule;

That the heirs of the said Nazzareno Muscat, Giorgio Sant, Giuseppe Zarb and Emanuele Chetcuti are unknown and therefore the applicants respectfully ask this Honorable Court to appoint and nominate deputy curators to represent the unknown heirs of the said Nazzareno Muscat, Giorgio Sant, Giuseppe Zarb and Emmanuele Chetcuti for the purposes of the abovementioned Schedule.


Depositors: Dominic Cassar (ID 1083146M) et, Mabruka, Triq Parades, St Paul’s Bay

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 22nd day of December, 2017
Registry of the Superior Courts

Today Tuesday, the 2nd day of January, 2018

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



19

By a decree given on the 15th December, 2017, 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 the application filed in the Civil Court, First Hall, on the 27th October, 2017, by Dr Stefan Balzan noe, file 40/17 in the names Olimzhan Irismetov vs Oleg Anatolyevich Skylarov (ID 120107 L) u Dolores Skylarov (ID 191063M) is being asked that the Court orders the Sale by Auction of:

Tenement named ‘Capri’, Apartment number five (5), in Triq Moroni, Gżira

The said tenement is the property of Anatolyevich Skylarov (ID 120107 L) u Dolores Skylarov (ID 191063M)

Registry of the Superior Courts, this Wednesday, 3rd January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



20

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 3rd January, 2018, in the records of the judicial letter number 3394/17, in the names Argus Insurance Agencies Limited noe vs Anthony Schembri, ordered the following publication for the purpose of effecting service on the defendant, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Anthony Schembri of 18, Pitirros, Triq Ġużeppi Frendo, Ħal Balzan, on the 12th December, 2017, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta’ Xbiex, and this as subrogated in the rights of its insured Christian Aloisio, on the basis of a comprehensive type of policy and of Law, and the same Christian Aloisio (ID 366380M), whilst reference is made to the car accident that occured on the 11th January, 2016, at about 1.50 p.m. in Triq Salvu Psaila, Birkirkara, between the vehicle driven by you with registration number DDD999, and the vehicle property of the interpellant Christian Aloisio with registration number KBT 665, solicits you so that within three (3) days you come forward to pay Christian Aloisio the sum of €362 representing €55 excess payment paid by him to the interpellant company Argus Insurance Agencies Limited as a result of this accident and €307 as damages paid as a result of this accident, and also you pay Argus Insurance Agency Limited noe the sum of €1717.28 as payment made by it to its insured as a result of the said accident, which accident occured soley as a result of carlessness, negligence and lack of observation of the traffic regulations on your part.


The interpellant informs you that in case the time given to you passes uselessly, they will have no alternative but to proceed further against you by all the means permitted by law.

So much so that you may know how to regulate yourself and to avoid further useless legal costs and procedures.

A copy of this letter is being sent also to your insureres GasanMamo Insurance plc for all the effects and purposes of law.

This letter is being made particularly, but not limitedly for the purpose of the interuption of the prescription in terms of Cap. 12 and 16 of the Laws of Malta.

With costs and legal interests

Registry of the Court of Magistrates (Malta) today 3rd January, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



21

By a decree of the 17th October, 2017, 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(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Bank of Valletta p.l.c on the 23rd June, 2017, is asking for the withdrawal of €6,579.34 deposited by the Schedule of Deposit number 913/17 in the names of:

Banif Bank (Malta) plc (C 4103) vs Bank of Valletta plc (C 2833) vs Edward Pace Balzan (ID 249975M) and Liliana Pace Balzan (ID 592478M)

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

Registry of the First Hall of Civil Courts (Malta), today the 20th October, 2017

MARVIC FARRUGIA
For Registrar of Courts and Civil Tribunals