Court Notices published in Govt. Gazette No. 19,944 of 6th February 2018

COURT NOTICES

197

By a decree given on the 23rd 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 the 2nd October 2017, on the application of Vella Joseph (ID 372031M), Tuesday, 6th February, 2018, at noon (12.00 p.m.) for the Sale by Auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
Portion of Land situated in a corner of area of circa ninety seven (97) metres squared. The Land confines from the North East with Triq iċ-Ċawsli and from the South East with Lane number four (4) with Triq il-Kbira, Ħaż-Żabbar valued at one hundred and ninety-seven thousand euro (€197,000).

The said tenement is the property of Abela Carmen et.

N.B. The said tenement will be sold as described in the Judicial Sales Act 14/2015

Registry of the Superior Courts, this Monday, 29th January, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals


198

Bann for Curators

Republic of Malta 

To the Marshall of the Court.

By means of a decree given by this Court, on the 27th July, 2017, following a request of Bigeni and Bigeni Co. Limited et it was ordered that deputy curators be chosen to represent the uncertain owners of Paul Sammut, in the records of the Sworn Application, in the names Bigeni and Bigeni Co Limited et vs Alexandra Sammut and Deputy Curators, Application number 664/2017 LM, and in the relative and subsequent acts.

By means of an Application, filed, in the First Hall Civil Court,in the names Bigeni & Bigeni Co Limited (C 56922) 74/1, Triq George Borg Olivier, Victoria, Gozo, and Aster Co. Limited (C 31630) 149, Triq it-Tigrija, Gozo, vs Alexandra Sammut(ID 328762M) 11, Triq il-Karmnu, St. Julian’s, Deputy Curators to represent the uncertain heirs of Paul Sammut, son of the late Carmel Sammut and Maria Stella née Ghigo, born and residing in Saint Julian’s, (ID 554358M) who died on the 24th June 2017, on the 21st July 2017, the applicants Bigeni & Bigeni Co Limited et repectfully pleaded:

That the applicants filed a Sworn Application against the defendants together with this application;

That in order that this Sworn Application may proceed it is necessary that there be appointed Deputy Curators to represent the uncertain heirs of Paul Sammut, son of the late Carmel Sammut and Maria Stella née Ghigo, born and previously residing in Saint Julian’s, identity card number 554358M and who died on the 24th June, 2017.
Thus, the applicants respectfully pray that saving the issue of the usual banns this Honourable Court appoint Deputy Curators to represent the respondent Paul Sammut, in the records of the Sworn Application above referred to and in the relative and subsequent acts.

Notify with the Banns: Alexandra Sammut, 11, Triq il-Karmnu, St Julian’s

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 Civil Court First Hall, above mentioned, with the witness of the Hon. Mr. Justice Joseph Azzopardi, LLD, Doctor of Laws.

Today 27th July, 2017

Registry of the Superior Courts, today 1st February, 2018

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






199

By means of a decree of the 30th of January, 2018, given on an application of Lorenza Debono, filed on the 22nd of Janaury 2018 in the records of application number 1104/2017 wherein it was ordered the publication of the inventory of the estate of the late Emanuel Gatt (ID 0384623M), bachelor, son of the late Lorenzo and the late Giuseppa née Muscat, born at Ħal Qormi and died at Ħal Luqa on the 14th of June, 2017, aged 93 years. 

This publication is going to be held on Wednesday the 28th of February 2018 at five o’clock in the afternoon (5:00pm) at the office with number 217, Our Lady of Mercy Street, Żejtun, under the ministry of Notary Dr Joseph Tabone

Registry of the Civil Court (Voluntary Jurisdiction Section), today 1st day February, 2018

MARCEL BUGEJA
For the Registrar, Civil Court and Tribunals



200

By means of a decree of the 14th November, 2017 of the Rent Regulation Board, in the records of the Application in the names Maria Rita sive Marquita Camilleri et vs Carmela sive Carmen Celeste et, Application Number 114/2017JD, the following publication was ordered for the purpose of effecting service on the respondents Carmela sive Carmen Celeste and Carmel Celeste in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Maria Rita sive Marquita Camilleri (ID 463975M), Lara Meilak (ID 296186M) and Samuel Meilak (ID 119589M) vs Carmela sive Carmen Celeste (ID 0767653M) and by a decree of the 8th November, 2017, Carmel Celeste was called into suit, filed in the Rent Regulation Board, on the 30th August 2017, the applicants Maria Rita sive Marquita Camilleri (ID 463975M), Lara Meilak (ID 296186M) and Samuel Meilak (ID 119589M) requested with respect and Maria Rita sive Marquita Camilleri (ID 463975M) confirmed on oath that this Board:

1. Decides this case summarily and without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta;

2. Alternatively to the first request and in case this Honorable Board does not uphold this first request and so does not decide the case summarily and without proceeding to trial in terms of Article 16A of Cap. 69 of the Laws of Malta, declares as expired and terminated the lease granted by the applicants to the respondent of the premises with official number 140, Flat 1, Triq San Nikola, Valletta, with effect from the 31st July, 2017, because the applicants have given the notice to the respondent by means of a legal letter dated 10th March, 2017, mentioned and attached with this sworn application.

3. Order the respondent to release the vacant possession and passes on the keys to the applicants of the leased premises and that is the premises number 140, Flat 1, Triq San Nikola, Valletta, within a short and peremptory period that has to be fixed by this Honorable Board;

4. Declares that the respondent has to pay the applicants the sum of €1,610 representing the payment of seven installments of rent for the months from January till the end of July 2017, payable every month in advance from the 31st December 2016 till the 30th June 2017 which sum is due till the date of the termination of the lease in question;

5. Consequently orders the respondent to pay the said amount of €1,610 to the applicants with legal interest from the date that this amount is due according to the private lease agreement till the date of effective payment.
With costs and legal interest till the date of effective payment and with due reservation of any other action available to the applicant against the respondent regarding the premises in question.

Applicant: 86, Flat 2, Triq Victor Vassallo, Ħ’Attard

Respondents: Carmela sive Carmen Celeste, 140, Flat 1, Triq San Nikola, Valletta
Carmel Celeste, 140, Flat 1, Triq San Nikola, Valletta


The sworn application in the names Maria Rita sive Marquita Camilleri et vs Carmela sive Carmen Celeste et, Application Number 114/2017JD has been postponed for hearing to the 15th February, 2018, at 9.15 a.m. 

Who receives this sworn application has to be warned that these are special summary procedures in which judgement will be given on the first day of hearing of the application if the respondent/s do not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.



You have to appear before the Board on the day and time mentioned that are estabished and notified to you, and this subject to the necessary declarations and the opportune directions. 

Registry of the Superior Courts, today 1st February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


201

By a decree of the 17th January, 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 articles 187 (3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C 2833) on the 22nd September, 2017, the approval of the said judicial acts is being demanded for the amount of €70,200 following judicial sale by auction 89/13 in the names Adrian Buttigieg et vs Jason Vella et held under the Authority of the said Court on the 14th September, 2017.

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 Thursday, 1st February, 2018

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals


 
202

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 10th day of April, 2017, in the records of the Sworn Application in the names Miloslav Sitar (ID 16202A) et vs Coast Investments Limited (C 23522), Sworn Application 157/2015LM, it was ordered that service upon Miloslav Sitar (ID 16202A) and Darina Sitar (ID 16968A) 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 Miloslav Sitar (ID 16202A) et vs. Coast Investments Limited (C 23522) on the 16th day of November, 2016, Coast Investments Limited (C 23522) respectfully submitted:

That by means of a Sworn Application, the appellee plaintiffs claimed as quoted in the abovementioned Application of Appeal;

That by means of its Sworn Reply the appellant company pleaded as reproduced in the same Application of Appeal abovementioned;

That by a judgment dated the 2nd day of November, 2016, the Honourable First Hall of the Civil Court, upheld the claims of the plaintiffs as drawn up in the Sworn Application, with court costs against the defendant company;

That the applicant company felt aggrieved by this judgment and is thus humbly filing an appeal therefrom;


That the grievance of the applicant company is clear and manifest and consists of the following:

The Court of First Instance failed to evaluate the facts and the Law correctly … omissis … That this conflict on the level of evidence, that literally creates a lacuna of more than a decade, cannot be ignored. That therefore in the humble opinion of the appellant company it should clearly result both from the evidence and the jurisprudence of our Courts … omissis … that the prescriptive period of five years raised by the appellant in their Sworn Reply in terms of Article 2156(e), elapsed, for once, twice. It is established that once the Court upheld the claims of the plaintiffs on the basis that there was a waiver of prescription, it results that the lapse of the period of five years is not challenged and therefore unreviewable. So now what néeds to be examined, through these appeal proceedings is whether, the appellant company actually renounced and abandoned that right which was acquired as a consequence of the lapse of more than ten years. That it should be stated a priori that such an abandonment must be clear and unequivocal. This burden falls on the appellee plaintiffs to demonstrate that the company Coast Investment Ltd, clearly and evidently, by an act or through its testimony, manifestly renounced to the right it had acquired … omissis … that therefore, it is respectfully submitted, that the Court moved to uphold the claims of the plaintiffs on the basis of the statements made by Patricia Ellul Sullivan, which on her part, was never involved in this dispute, in which dispute her spouse was involved twelve years earlier; and at the same time she herself denied that she ever admitted that this debt was due. Her purpose, was that of addressing what her spouse left behind, which in no way amounts to an admission of the claim made by the appellee. The Court dismissed what was stated by Alexander Zammit, and also dismissed the conflicting versions existing between the parties, and the unlikeliness of the testimony of Miloslav Sitar … omissis … 

Thus, for the above-given reasons the applicant company respectfully asks that this Honourable Court of Appeal, cancels and revokes the appealed judgment entered by the First Hall Civil Court on the 2nd day of November, 2016 by rejecting the claims of the appellee plaintiffs and to uphold the pleas of the respondent appellant company, with the costs of both instances against the appellees.

Appellant: Coast Investments Limited (C 23522)

Services: Miloslav Sitar (ID 16202A) and Darina Sitar (ID 16968A), 5, Triq Emilio Lombardi, Tas-Sliema

Registry of the Superior Courts

Today Thursday, 1st February, 2018

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



203

By virtue of decree given by the Court of Magistrates (Gozo), Inferior Jurisdiction, on the 31st January, 2018, on the application of J. Zammit Limited (C 37945) in the records of judicial sale by auction number 17/2017JVC (and following warrant of seizure number 59/2017JVC) in the names J. Zammit Limited (C 37945) Sophie Bay Mawby (ID 125180A) on Wednesday, 18th of April, 2018, at ten thirty in the morning (10.30 a.m.) has been set for the Sale by Auction and until the highest bid is adjudicated. By a decree of the 31st January, 2018, the Sale by Auction is to be held at the premises of the cosignée Randolph Cauchi at St James Court, Garage No.3, Triq is-Sienja, Ħ’Attard, Malta, of the following item:

Vehicle of the make Vauxhall Astra with the registration number CLV 531 black in colour 

The said items are seized from the possession of Sophie Bay Mawby (ID 125108A) as described in detail in the report drawn up by the Court executive officers, a copy of which may be obtained from the Registrar of the Gozo Courts (email: diane.a.farrugia@gov.mt; Tel: 2215 6665).

Registry of the Court of Magistrates (Gozo), Inferior Jurisdiction, today Thursday, 1st February, 2018

DIANE FARRUGIA 
For the Registrar, Gozo Courts and Tribunals



204

By means of a decree of the 17th January, 2018, by the Rent Regulation Board, in the records of the Warrant of Eviction number 1569/17, in the names (Applicant) Joseph Borg and his wife Carmen for any interest she may has vs (respondent) Edgar Bonnici known as Edgar Bonnici Cachia (ID 632650M) the following publication was ordered for the purpose of service of the respondent Edgar Bonnici sive Edgar Bonnici Cachia in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the Rent Regulation Borg, in the names (applicants) Joseph Borg and his wife Carmen for anyinterest she may has vs (respondent) Edgar Bonnici known as Edgar Bonnici Cachia (ID 632650M) filed on the 31st October, 2017, the applicant Joseph Borg (ID 869049M) asked this Honourable Court:

To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.

Premises: Flat 2, Frida Flats, Naxxar Road, Birkirkara

Judgement: Judgement of the Court of Appeal (Inferior Jurisdiction) Appeal number 58/2009 in the names above mentioned, of the 22nd September, 2017, that confirmed the judgemet of the Rent Regulation Board of the 28th November, 2016.

Today 31st October, 2017

Filed by Dr Ian Spiteri Bailey and PL Gerald Bonello


Warrant of Eviction

Republic of Malta

Court Warrant

To the Court Marshall

Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Josette Demicoli, LLD.

Today 1st November, 2017

Execution: Flat 2, Frida Flats, Naxxar Road, Birkirkara


Notification: Edgar Bonnici Cachia, Flat 2, Frida Flats, Naxxar Road, Birkirkara

Registry of the Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




205

By means of a decree of the 15th December, 2017, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 1604/17 in the names (Applicant) Christine Scerri vs (respondent) Raymond Agius the following publication was ordered for the purpose of service of the respondent Raymond Agius in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12)


By means of an application in the Rent Regulation Borg, in the names (applicants) Christine Scerri (ID 441656M) vs (respondent) Raymond Agius (ID 110654M) filed on the 3rd November, 2017, the applicant Christine Scerri asked this Honourable Court:

To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.
Premises: 86, Jamilla, Triq Manuel Dimech, Tas-Sliema today with the name Luxe Real Estate

Judgement: Application number 07/2015 in the names Christine Scerri vs Raymond Agius decided on the 14th July, 2016, by the Rent Regulation Board presided by Magistrate Dr Monica Vella, LLD, copy here attached.

Today 3rd November, 2017

Filed by Dr Lennox Vella and PL P Sammut

Warrant of Eviction

Republic of Malta

Court Warrant

To the Court Marshall

Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Josette Demicoli, LLD

Today 10th November, 2017

Execution: 86 Jamilla, Triq Manuel Dimech, Tas-Sliema, today named Luxe Real Estate

Notification: Raymond Agius, 86 Jamilla, Triq Manuel Dimech, Tas-Sliema, today named Luxe Real Estate

Registry of the Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



206

By means of a decree of the 25th October, 2017, of the Rent Regulation Board, in the records of the Application in the names Joseph Gaffarena vs Geroge Cauchi, Application number 94/2017JD, the following publication was ordered for the purpose of effecting service on the respondents George Cauchi 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 Joseph Gaffarena vs George Cauchi filed before the Rent Regulation Board on the 4th July, 2017, the applicant Joseph Gaffarena requested with respect:

That the applicant leases to the respondent the premises number 70, Triq il-Bluta, Ħal Qormi, at the rent of €200 per year payable pro-rata every six months in advance;
The respondent is not making use of the premises and this non uso amounts to different use and the rent was given or transfered to third parties without the consent of the owner;

From the information that the applicant has, it is the niece of the respondent, her name is not known, who today resides in the premises. This is so much the case that recently, as a result of deceit, she obtained an invalid receipt from the son of the applicant who did not know that his father, that is the applicant, had already filed a judicial letter against the respondent where he had requested the return of the keys of the leased premises; 

Thus, the applicant requests that he is authorised by this Board to resume the possession of the premises above mentioned within a short and peremptory period that this Board may fix.

With costs

Applicant: Farmhouse, Luqa Road, Ħal Qormi

 Respondent: 70, Triq il-Bluta, Ħal Qormi

The Sworn Application in the names Joseph Gaffarena vs George Cauchi, Application number 94/2017JD, has been postponed for hearing to the 26th February, 2018, at 10.30 a.m. 

Registry of the Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



207

By means of a decree given on the 22nd January, 2018, in the records of the judicial letter number 2186/17, in the names Mapfre Middlesea plc et vs Gunda Abhinav, the Courts of Magistrates (Malta), ordered the following publication for the purpose of effecting service on the respondent Gunda Abhinav, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Gunda Abhinav (Indian passport number H 1873586) of 215, Flat 2, Triq Burmarrad, Burmarrad, St Paul’s Bay SPB 9062, on the 16th August, 2017 Mapfre Middlesea plc and Laferla Insurance Agency Limited of 204 A, Vincenti Building, Triq l-Ifran Valletta VLT 1453, as agents of the same Mapfre Middlesea plc as subrogated in the rights of its insured John Agius (ID 0413246M) in his own name and on behalf of Star Tourist Services Limited (C 14772) of Triq il-Korp tal-Pijunieri, Buġibba, St Paul’s Bay, refers to the car accident that occured, and namely the hit and run of the 23rd January 2017 where you Gunda Abhinav, whilst you were driving the vehicle CBK 857 property of the interpellant company Star Tourist Services Limited, collidied with several vehicles amongst them the vehicle with registration number ABX 565, the vehicle with registration number LCC 924 and the vehicle with registration number LCX 952 and caused several damages in these vehicles.

Till now the interpellants paid for the damages suffered by the vehicle with registration number ABX 565 in the amount of €2450 and this in terms of the stipulations of Cap. 104 of the Laws of Malta.

The interpellant informs you that the insurance policy number P35005380 issued on the vehicle with registration number CBK 857 does not cover the said accident because you were driving under the influence of alcohol.

You are being solicited so that no later than one week from today you pay or refund the amount of €2050 representing the balance of the said sum above mentioned suffered by the vehicle with registration number ABX 565.


This judicial letter is being made limitedly for the refund of the damages above specified and so reserving to all the damages that the interpellants may be made to pay in the future because of your driving. 


So much to regulate your position

With costs

Registry of the Court of Magistrates (Malta), today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



208

By means of a decree of the 1st December, 2017, in the records of the judicial letter number 4338/17 in the names Raymond Camilleri vs Roderick Falzon, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Today 14th November, 2017

To Roderick Falzon (ID 328877M) of 28, Trejqa, Fleur- de-Lys, Santa Venera
By means of this present Raymond Camilleri (ID 751058M) of 37, Triq il-Kwarta, Tal-Ibraġ, is making reference to the contract in the acts of Notary Dr Jonathan Zammit of the 10th August, 2012 (copy of which is attached and marked as Doc. A) and with this contract you constitued yourself as a true, certain and liquid debtor in favour of the interpellant for the sum of €20,000.

The interpellant by this present is soliciting you to pay the amount of €20,000 within two days.

The interpellant is filing this judicial letter for all purposes and effects of law, and is rendering the same contract regarding constitution of debt as executable in terms of Article 256(2) of the the Codee of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta).

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

With costs and interest

Registry of the Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals




209

By means of a decree of the 13th October, 2016, given by the Civil Court First Hall in the records of judicial letter number 677/16, in the names Registrar of Civil Courts and Tribunals vs D.I.S. Equipment Rental 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 26th February, 2016

To D.I.S. Equipment Rental Limited (C 45248) of KW38, Corradino Ind. Est., Corradino, Paola
  
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 €318.95 due by you as Registry fees in connection with the law suit in the names:


D.I.S. Equipment Rental Limited (C 45248) vs Caruana John (JZM) deserted on the 12th July, 2014.

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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



210

By means of a decree of the 19th October, 2017, given by the Civil Court First Hall in the records of judicial letter number 640/17, in the names Registrar of Civil Courts and Tribunals vs Printshop Limited, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 17th February, 2017

To Printshop Limited (C 52250) of Printshop, Triq in-Naxxar, Iklin
  
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 €422.50 due by you as Registry fees in connection with the law suit in the names:


Thebes Holdings Limited vs Printshop Limited (SC, TM, JA1) deserted on the 19th October, 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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



211

By means of a decree of the 2nd November, 2017, handed down by the First Hall of the Civil Court in the records of the judicial letter number 3204/2017 in the names Reuben Bonnici noe vs Saviour Deguara, the following publication was ordered for the purpose of effecting service on the respondent Saviour Deguara in terms of Article 187(3) of Cap. 12.
In the First Hall of the Civil Court

Today 5th September, 2017

To Saviour Deguara (ID 470670M) of 61, Triq it-Torri, San Ġwann, Birgu

By the present, Reuben Bonnici (ID 448471M) for and on behalf of Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation 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 €44,550.50, which amount is sure, liquid and due and representing the balance from a greater amount representing pending bills for the consumption of water and electricity, rent of water and electricity meters administrative costs , connection and disconnection fees, together with interest due on the amount according to Law, which amount consists of the following:

i. As for the bill number 101000241892 in the amount of €24,855.14 regarding the premises Limestone Crt Bar, Triq ix-Xitwa, St Paul’s Bay; 

ii. As for the bill number 101000242685 in the amount of €16,011.30 regarding the premises 8, Dempsey Bar, Triq ix-Xitwa, St Paul’s Bay; 

iii. As for the bill number 1010000241544 in the amount of €3,684.06 regarding the premises Flat 1, Blk B, Limestone Crt, Triq ix-Xitwa, St Paul’s Bay.

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 Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



212

By means of a decree of the 16th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 663/2017 in the names Automated Revenue Management Services Ltd pro et noe vs George Debono, the following publication was ordered for the purpose of effecting service on the interpellant George Debono in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 15th March, 2017

To George Debono (ID 630562M) of St Francis t/ġ fi Triq is-Serkin, Marsa

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 €2,039.62, 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 101000015368 for the premises St Francis, Triq is-Serkin, Marsa, which amounts to €2,039.62.



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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



213

By means of a decree of the 16th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 719/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Claudia Bartolo, the following publication was ordered for the purpose of effecting service on the interpellant Claudia Bartolo in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

Today 15th March, 2017

To Claudia Bartolo (ID 4676M) of Ent. 6, Flat 1, Triq San Mikiel, Bormla

By the present, Automated Revenue Management Services Limited (C 46054) 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 €5,646.78, 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 411000012920 for the premises Flat1, 6, Triq San Mikiel, Bormla which amounts to €5,646.78.


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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



214

By means of a decree of the 24th August, 2017, in the First Hall of the Civil Courts in the records of the judicial letter number 3390/16 in the names Bank of Valletta plc vs Dr Eucharist Bajada et, ordered the following publication for the purpose of service of the respondents 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 Dr Eucharist Bajada (ID 375069M) ta’ Sylville, Valletta Road, Mosta, u Dr Diane Bajada (ID 267167M) ta’ Villa Diana, Triq il-Bufula l-Hamra, Mosta, on the 17th October 2016, Bank of Valletta plc of 1/5, Misraħ San Ġorg, Valletta VLT 1190, solicits you so that within two days you pay the sum, together and in solidium, of €46,094.56 balance of debt in your Loan Accounts with Bank of Valletta plc together with further interests from the 29th September, 2016.

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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



215

By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th January, 2018, Application number 40/2018 by Carmen Zahra et whereby they prayed that it be declared open in favour of Carmela Camilleri, wife of the decujus in the quota of one half (1/2) undivided share and the remainder one half (1/2) undivided share in favour of Carmen Zahra, Joseph Camilleri, Rose Parnis, Rita Galea, Edwin Camilleri and John Camilleri brothers and sisters Camilleri and children of the decujus in equal shares between them the Succession of Anthony Camilleri, son of the late Carmelo and Carmela née Falzon, born in Naxxar, resided in Ħal Għargħur and died in Tal-Qroqq, Msida, on the 18th November, 2016, aged 81, holding identity card number 0337735M.

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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
                


216

By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th January, 2018, Application number 24/2018 by Althea Gambin whereby she prayed that it be declared open in favour of the heir Logan Spiteri the Succession of Matthew Spiteri, bachelor, son of unknown father and Sonia Spiteri, born in Tal-Pietà and resided in Ħaż-Żabbar and died in Tal-Qroqq, Msida, Malta, on the 17th August, 2017, aged 28, holding identity card number 577391M.

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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
                


217

By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th January, 2018, Application number 60/2018 by Raymond Buhagiar whereby he prayed that it be declared open in favour of James Buhagiar, Miriam Mifsud, Maria Teresa sive Marthese Cremona, Raymond Buhagiar and David Buhagiar in the quota of one sixth (1/6) undivided share each one of them, and the remaining one sixth (1/6) to the children of his pre-deceased daughter Josephine sive Josianne Muscat that is Daniel and Luke brothers Muscat in equal shares between them the Succession of Luigi Buhagiar, widower of Mary Buhagiar née Vassallo, son of the late Emmanuele Buhagiar and Esther née Caruana, born in Tas-Sliema and resided in Gżira and died in Ħal Luqa on the 5th February, 2017, aged 84, holding identity card number 0380932M.

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 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



218

By means of a decree of the 9th February, 2017, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 1726/10, in the names Commissioner of Inland Revenue vs KJF Investments Limited, ordered the following publication for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against KJF Investments Limited (C 37977) of Għomar, Flat 2, Triq Tas-Sliema, Il-Gżira GZR 1630, and/or Degla, Triq l-Għaxra ta’ Settembru 1456, Ħal Qormi QRM 04, on the 20th April, 2010, the Commissioner of Inland Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, is for the purposes of Article 466 of the Code of Organisation and Civil Procedure notifies you with the attached sworned declaration marked as Doc. A and calls upon you so that within ten days you pay the sum of €4,099.70 due as final and conclusive liquidation of payment of tax on documents and transfers in terms of Article 60 of Cap. 364 here attached and marked as Doc. B.

If you fail to pay the amount or opposition on your part according to the said article 466 the interpellant will pass on to issue the executive warrants against you according to law.

Pay also the costs of this act

 Registry of the Courts of Magistrates (Malta), today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



219

By means of a decree of the 26th January, 2017, of the Civil Court First Hall in the records of judicial letter number 4554/17, in the names Commercial Sanctions Tribunal vs Melchiore Dimech, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Today 4th December, 2017

To Melchiore Dimech (ID 119582M) of Our Nest, Triq l-Indipendenza, Ħaż-Żebbuġ, Malta
  
By the present the Commercial Sanctions Tribunal of 67, Level 4, Triq Nofsinhar, Valletta, is for all the effects and purposes of law in terms of the provisions of Subsidiary Legislation 174.04, the Public Procurement Regulations, brings to your formal attention his letter here attached by means of which you were informed with the request for Black Listing of Melchiore Dimech (ID 119582M), from the Director of Employment and Industrial Relations.

This letter was refused by you Melchiore Dimech according to the postage stamp dated 17th July, 2017
Together with the said letter, a copy of the application together with the detailed report were attached and this regarding the findings of the investigations which were made by the Director of the Department of Employment and Industrial Relations, which documents you can freely access from the offices of the Public Contracts Review Board in Notre Dame Ditch, Floriana FRN 1601.

In the same letter you were informed that you have the right to appoint a person/s of your trust to assist you.

You are being requested to file your written reply not later than twenty (20) days from when you receive this letter.


With the reply a deposit of €400 payable to the Commercial Sanctions Tribunal has to be made and this has to have all the documentation in relation with your reply, together with a list of witnesses and the addresses of the respondents. The payment together with the documentation has to be made at the offices of the Public Contracts Review Board in Notre Dame Ditch, Floriana FRN 1601.

You are informed that the date of the first sitting of your case will be published on the website of the tribunal that is: (http://mfin.gov.mt/en/TheMinistry/DepartmentsDirectoratesUnits/cst/Pages/Commercial-Sanctions-Tribunal.aspx) after the time given to file a reply.


The Director of Employment and Industrial Relations has to be notified with a copy of your reply/replies.

So much so that you regulate your position

With costs

Notification: Director of Employment and Industrial Relations

Registry of the Superior Courts, today 2nd February 2018.

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



220

By means of a decree of the 16th January 2018 in the records of the judicial letter number 3344/17 in the names Antonio Fenech et vs Temple Asset Management Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Temple Asset Management Limited and John Walter Christmas in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court
Today 18th September, 2017

To: 1. Temple Asset Management Limited of 171, Triq l-Ifran, Valletta 
2. John Walter Christmas of Portomaso 2351, Vjal Portomaso, Paceville, St Julians
3. John Anthony Farrell
4. Barbaros Okten 
5. Active Group (Malta) Limited 
6. Sylvan Sapiano
7. Bank of Valletta plc 
8. BOV Fund Services Limited gia Valletta Fund Services Limited
9. Andreas Wolfl
10. Argentarius ETI Management Limited
11. Emil Amir Ingmanson
12. Viceroy Industrial SA
13. Median Trust SA

By means of this present Antonio Fenech (ID 200669M), Ian Zammit (ID 118258M) and Joseph Xuereb (ID 531161M), whilst making reference to their position as directors of the company Falcon Funds SICAV plc inform you for all the purposes and effects of law, that they were notified with the judicial letter dated 17th April, 2017, by means of which the said company is keeping them responsible for all the damages that may have been caused as set out in detail in the letter, and also with the judicial letter dated 2nd May, 2017, from Swedish Pension Agency – copies here attached.


Whilst the interpellants entirely refute any allegations made in their regard and also in view of the fact that the applicants, in their position as directors of the aforementioned company, had engaged you, or any one of you, with specific duties of maximum care with respect to the investments with assets fo the company, they inform you that they are holding you responsible for any damages, including those damages which they may suffer if it is found that there is any omission or carelessness in their actions, duties and obligations. 


This judicial letter is being made for all the purposes and effects of law, including but not limited only in terms of article 2128 of the Civil Code Cap. 16 of the Laws of Malta and this for the purposes of interrupting prescription.

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

With costs

Applicants: Antonio Fenech, Caraville, 216 Old Railway Road, Ħal Balzan
Ian Zammit, Bellavista, Triq il-Ħarrub, Madliena
Joseph Xuereb, 33 L’Etoile, Triq l-Għejjel, Gudja

Notifications: 1. Temple Asset Management Limited ta’ 171, Triq l-Ifran, Valletta 
2. John Walter Christmas ta’ Portomaso 2351, Vjal Portomaso, Paceville, St Julians

Registry of the Superior Courts, today 2nd February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



221

Bann for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 15th December, 2017, following a request of HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent Teddy Arthur Maskell, in the records of the Judicial Sale number 29/2017, in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application for an Executive Warrant of Seizure, on Immovable Property and sale by Licitation of the company HSBC Bank Malta plc, filed, in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Maskell Teddy Arthur Maskell (ID 12636A) as surety in solidum of Tal-Ingliż Company Limited (C 33568) and … omissis … as deputy curators to represent the vacant inheritance of Josephine Maskell who had identity card number 800743M as surety in solidum of Tal-Ingliż Copmpany Limited (C 33568), on the 21st July, 2017, the applicant company respectfully pleaded:

That by a contract of constitution of debt of the 23rd July, 2009, in the records of Notary Nicholas Btrioffa (Doc. HSBC1) and rendered executable in terms of Article 258 of Cap. 12 of the Laws of Malta, by means of a Judicial Letter, of the First Hall Civil Court number 1836/2015, of the 30 th May, 2015, (Doc. HSBC 2) the applicant Bank was confirmed a creditor of Maskell Teddy Arthur, as surety in solidum of Tal-Ingliż Company Limited, in the sum of (€61,058.23) due in terms of the same contract, besides further legal interest, at 8% yearly on the global sum from the 16th May, 2015, till the date of effective payment;

That by the same contract of constitution of debt of the 23rd July, 2009, in the records of Notary Nicholas Briffa and rendered executable in terms of Article 258 of Cap. 12 of the Laws of Malta, by means of a judgement 1077/2014, in the names ‘HSBC Bank (Malta) plc (C 3177) vs a) Tal-Ingliż Company Limited (C 33568) as principal debtor; and b) Dr Martin Fenech and PL Quintin Tanti, as deputy curators to represent the vacant inheritance of Josephine Maskell who had identity card number 200743M, of the 22nd June, 2015, (Doc. HSBC3) the applicant Bank was confirmed a creditor of Maskell Josephine, as surety in solidum of Tal-Ingliż Company Limited, in the sum of (€61,058.23) due in terms of the same contract besides further legal interest at the rate of 8% yearly on the capital sum from the 16th May, 2015, till the date of effective payment;

That the respondents although duly called upon to pay their debt by means of the judicial letter above mentioned remained in default;

That amongst the immovable property of the respondent there is:

1. the tenement number one hundred and four (104) previously number one (1) named Sempre Viva, in Triq il-Klerku, Fgura, overlying two garages, from one of them, there is the drains and drainage system passing, free and unencumbered, with all its rights and appurtenances, including the airspace,

2. the garage, without number (100) underlying property of third parties, in Triq il-Klerku, Fgura, with the communications of the drains and drainage systems of the overlying property passing from the same garage, with the common lay out, as subject to the right in favour of the overlying premises of access to of the same systems above mentioned, saving the premised, the garage is being transferred free and unencumbered, with all its rights and appurtenances;

That in terms of Article 305 of Cap. 12 of the Laws of Malta, the applicant is exhibiting a copy of the searches of the respondent company from where there result various hypothecs which can aggravate the premises in licitation (Doc. HSBC 4).

Thus, the applicant company respectfully prays that this Honourable Court:

a) order the issuing of an Executive Warrant of Seizure by ordering the judicial sale of the property as described in this application;

b) appoint a Court expert to accede on the premises and make his valuation, which valuation is to include also documented evidence of the leases to which these premises are subject;

c) fix a day, time and place for the sale of the property mentioned and this in satisfaction of their credit above mentioned.

Applicant: 32, Triq il-Merkanti, Valletta

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 Civil Court First Hall above mentioned with the witness of the Hon. Mr. Justice Joseph R. Micallef, LLD, Doctor of Laws.

Today 15th December,  2017

Registry of the Superior Courts, today 2nd February, 2018

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



222

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 8th day of August, 2017, in the records of the Sworn Application in the names Pawlu Saydon (ID 316531M) vs Jesmond Pulo (ID 263766M) et, Sworn Application 211/2006AF, it was ordered that service upon Clive Micallef (ID 250083M) 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 Pawlu Saydon (ID 316531M) vs  Jesmond Pulo (ID 263766M) et on the 10th day of August, 2016, Jesmond Pulo (ID 263766M) et respectfully submitted:

That the plaintiffs in this cause after having made their recitals in the Writ of Summons had asked the Court of First Instance to uphold the claims reproduced in the Application of Appeal; 

That the applicants had pleaded as quoted in the same Application of Appeal abovementioned;

That the joinder Geoffrey Agius Scicluna pleaded as quoted in the said Application of Appeal;

That by means of a judgment entered by the Court of First Instance on the 28th day of July, 2016, the claims of the applicants have been upheld in solidum against all the respondents including the appellant and the Court liquidated the sum of €17,500 besides the costs of the cause that also have to be borne equally between the parties;

That the facts are briefly narrated in the same Application of Appeal;
That the grievance is clear and manifest and consists of the following and namely: 1) That the applicants do not agree with the considerations made by the Court of First Instance when it found them responsible for what happened jointly and severally with the other two joinders;

That it should be stated that from the evidence it undoubtedly resulted that the applicants as the persons who commissioned the works took all possible precautions … omissis …;

That the applicants went even further and entrusted Architect Agius Scicluna to supervise the works of Micallef … omissis … the judgment was really a setback for the applicants and not only for them but for all those who care to rope in skilful persons but then if something goes unexplainably wrong are blamed nonetheless!;

That from the evidence it undoubtedly resulted that the incident occurred due to faults attributable to the builder Clive Micallef … omissis … That equally responsible with due respect was the Architect Agius Scicluna … omissis …;

 … omissis … That with respect it is submitted that from nowhere it resulted that the applicants were aware that Micallef was not skillful … omissis … That with respect the applicants contend that they should have never been found responsible because there was nothing else they could have done in this situation and they always exercised the diligence of a bonus pater familias;

Therefore, the applicants while making ample reference to the evidence submitted and other evidence permissible at this stage, refer to the judgment pronounced on the 28th day of July, 2016, in the above-cited names and ask this Honourable Court to cancel, revoke and annul the said judgment by upholding the pleas of the appellant and their grievance invoked in this humble Application of Appeal.

With court costs

Appellants: Jesmond Pulo (ID 263766M) et, 32, Pulo Flat, Sqaq Sampusa, Birkirkara

Services: Clive Micallef (ID 250083M)
1. 168, Dar il-Hena, Triq Villa Ambrose, Ħamrun
2. St Mary’s Flat, 22B, Triq il-Ġifen, St Paul’s Bay

3. 18, Lismore, Triq il-Markiża Bugeja, St Paul’s Bay

Registry of the Superior Courts

Today Friday, the 2nd day of February, 2018

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