Court Notices published in Govt. Gazette No. 19,399 of 27 March 2015

By a decree of the 12th January, 2015, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of Bank of Vallettaplc (C 2833), Tuesday, 28th April, 2015 at noon, has been fixed for the Sale by Auction to be held in the first floor of these Law Courts, Republic Street, Valletta, of the following properties:

The three (3) plots, including its overlying airspace and underlying subsoil thereof, forming part of ‘Art tal-Ingliża’, Imqabba, marked as number twelve plots (12 ), thirteen (13) and fourteen (14), facade projected on a road with no name.

The plot number twelve (12) approximately measures two hundred and ten square metres (210 square metres), while the plots thirteen (13) and fourteen (14) adjoining approximately measures one hundred and sixty-nine square metres(169 square metres) each, bounded altogether since they are contiguous on the South by plots numbered fifteen (15) and sixteen (16), today property of Titlis Construction Limited, on the East in part by a new projected road with no name, and in part by plot eleven (11) of the same plots, and on the North by property of unknown third parties.

The plots number thirteen (13) and fourteen (14) are twenty (20) feet wide facade on the road, while the plot twelve (12) have twenty (20) feet wide. The plots thirteen (13) and fourteen (14) are ninety-one (91) feet deep, while the plot twelve (12) is one hundred and thirteen (113) feet deep, free and unencumbered from all groundrents and enjoying all rights and other conditions, valued at seven hundred and twenty thousand and eight hundred Euro (€720,800).

The said tenements are the property of Maray & Grant Limited (C 39880).

N.B. The said tenements will be sold as described in the acts of file number 41/14.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

It is hereby notified that by a decree dated the 23rd March, 2015, 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 Articles 187 (3) and 931 (3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 23rd March, 2015, by the said Court upon an application of Barry Michael Gibbons et, whereby it was ordered that Deputy Curators be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned groundrent, and this in the records of Schedule of Deposit bearing number 65/2015 in the names Barry Michael Gibbons et vs Deputy Curators to represent the unknown persons who are entitled to receive the hereinmentioned groundrent, filed on the 23rd March, 2015, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, as well the other related and subsequent acts.

This schedule of deposit relates the apartment on the first floor internally marked number two (2), together with a garage without an official number forming part of a block of apartments known as “Chrisandra”, in Windmill Street, previously known as Biċċieri Street, Qala, Gozo, which block is bounded on the West by the said street, on the South by property of the siblings Buttigieg, and on North by property of Francesco Mifsud, acquired by applicants by virtue of a deed of the 5th July, 1992, in the records of Notary Dr Paul George Pisani.

This property is subject to an annual and perpetual groundrent of €1.47c.

Applicants desire to avail themselves of the faculty granted to them by Article 1501 of the Civil Code and redeem this groundrent.

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 declaratory note to accept such an assignment, and in default, this Court will proceed to nominate an official curator.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Dr Joanne Vella Cuschieri, BA Mag. Jur. (Eur. Law), LLD, a Magistrate of the said Court.

Diane Farrugia

For the Registrar Gozo Courts and Tribunals

Republic of Malta

To the Court Marshall

By means of a decree given by this Court, on the 10th March, 2015, following a request of Giulio Rampini et, it was ordered that Deputy Curators be chosen to represent the unknown owners in the records of the Schedule of Redemption of Groundrent in the names Giulio Rampini et vs Deputy Curators, and in the relative and subsequent acts.

By means of a Schedule of Deposit and Redemption of Groundrent filed in the First Hall Civil Court, in the names Giulio Rampini, son of Pio Rampini and Maria née Manacorda, born in Cerrina, Monferato, Italy, and residing at Torino, Italy, (Italian ID AO9083514), and Adele Testone, wife of Giulio Rampini, daughter of Riccardo Testone and Erminia née Triveri, born in Villadeati, Italy, and residing at Torino, Italy (Italian ID AO 9083446) vs Deputy Curators to represent the unknown owners, on the 6th March, 2015, the interpellants Giulio Rampini and Adele Testone respectfully pleaded:

That the interpellants are the owners of the flat internally marked number (6), forming part of a block without official number, but named ‘Prestige Court’, in Church Street, corner with Wilġa Street, on the South and North East with Church property or their successors in title, which flat is subject to its share of the annual and perpetual groundrent of €13.97c burdening the land on which the block was built, and thus the said flat is subject to the groundrent of (€0.94c).

That the said flat number six, Prestige Court, Church Street, Paceville, had been bought by the applicants from Limestone Limited, by a deed of Notary Patrick Critien, of the twenty-eighth July, of the year one thousand nine hundred and ninety-two (1992).

That the same property is subject to the annual and perpetual groundrent of ninety-four euro cents (€0.94c) payable to unknown owners represented by Deputy Curators, and thus the interpellants wish to avail themselves of the faculty given by Article 1501 of the Civil Code, Cap. 16, and are depositing the sum of (€18.80) in order to be freely withdrawn after the due receipt is left.

Interpellants: 1. Giulio Rampini & Adele Testone,Flat 6, Prestige Court, Church Street, Paceville, St Julians.

Notify: 1. Director Public Registry, 197, Triq il-Merkanti, Valletta.

2. Deputy Curators, Courts of Justice, 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. Madam Justice Anna Felice, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 21st May, 2015, at eleven in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice,Republic Street, Valletta, of the following property:

The apartment internally marked number eight (8), overlying by the apartment number ten (10), and underlying by the apartment number six (6), in a block named ‘Highclere Court’, in Triq Raddett ir-Roti, Xemxija, limits of St Paul’s Bay. The apartment is subject to servitudes resulting from its relative position, with all its rights and appurtenances, subject to an annual groundrent of eighty-one Euro and fifty-two cents only (€81.52c).

The said tenement is the property of the absent Sammut Jason represented by Dr Martin Grech and PL Liliana Buhagiar nominated Deputy Curators by a decree of the 17th February, 2014.

N.B. The said tenement will be sold as described in the judicial sales act 2/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 12th March, 2015, in the records of the Sworn Application, in the names Valenzia Advocate Nicholas nomine vs Hermes Aviation Limited, application number 171/15 LM, the following publication was ordered for the purpose of service of the company Hermes Aviation Limited in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Adv. Nicholas Valenzia, as special mandatory of Aeroton Limited, a foreign company registered in England vs Hermes Aviation Limited (C 54428), on the 24th February, 2015, the plaintiff company humbly asked this Honourable Court:

To declare that the Aircraft Lease Agreement dated 26th March, 2014, and in virtue of which, the plaintiff company granted on lease to the defendant company, the airplane 9H-HER Boeing 737-4K5HGW MSN 24901 is terminated, and order the defendant company to give back possession to the plaintiff company of the aeroplane above mentioned together with the relative official documents, and give all the necessary and opportune orders.

With judicial expenses as demanded against the defendant company summoned so that a reference to its evidence be made.

Notify: Hermes Aviation Limited, Level 3, Skyparks Business Centre, MIA, Ħal Luqa.

The Sworn Application in the names Valenzia Advocate Nicholas nomine vs Hermes Aviation Limited, application number 171/15 LM, has been deferred for hearing to Thursday, 9th April, 2015, at 9.15 a.m.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given on the 10th March, 2015, 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 Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 18th February, 2015, on the note of Micallef Paul, Thursday, 16th April, 2015, at half past eleven in the morning, has been fixed for the Sale by Auction to be held on the first floor, Law Courts, Republic Street, Valletta, of the following property:

The undivided share of tenement numbered seventy-four (74), in Triq Santa Monika, Paola, including airspace, with drains system and drainage in common with the underlying property, subject to active and passive servitudes resultingfrom its position, with all its rights and appurtenences, valued at twenty-eight thousand and five hundred Euro (€28,500).

The said tenement is the property of Cutajar Paul.

N.B. The said tenement will be sold as described in the judicial sales act 78/14.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

NOTICE

CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Hani Kamal (ID 421711L), filed an application under oath (No. 59/15 RGM), demanding Correction in the Act of Birth of the minor child Willem Kamal Stafrace, number 3143/2008 in the Public Registry.

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

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

By order of the Court.

Karen Falzon

For the Registrar Civil Courts and Tribunals

By a decree given on the 13th January, 2015, 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 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 18th February, 2015, on the application of GCC Financial Instruments Limited registered in the British Virgin Islands (10606400), locally represented by Bawag Bank Malta Limited (C 31608), Tuesday, 2nd June, 2015, at half past ten in the morning, has been fixed for the Sale by Auction to be held on the first floor of these Law Courts, Republic Street, Valletta, of the following properties:

The properties in Xemxija:

1. The divided portion of land having an area of approximately seven hundred and ninety-nine square metres (799 square metres), bounded on the North by a new projected unnamed street, on the South by property of Marsovin Limited, and on the West by property of Antonio Grima, and on the East by property of Giovanni Borg or more precise boundaries, as subject to twelve cents five mils (12c5m) annual and perpetual groundrent, otherwise free and unencumbered, with vacant possession, including the right of access to the same land from adjacent property belonging to the surety JPM Brothers Limited (C 31612).

2. Another divided portion of land having an area of three hundred and forty-three square metres (343 square metres), forming part of the same territory, bounded on the North West by a projected unnamed street, on the North East by property of Renè Buttigieg and Dr Lucia or successors in title, on the South East by a projected unnamed street which abuts onto Xemxija Hill, and on the South West by property of Gio Maria Grima, free and unencumbered.

3. Another portion of land forming part of the territory known as “Ta’ Xemxija”, having a superficial area of approximately five hundred and seventy-five square metres (575 square metres), having access from Triq it-Telgħa tax-Xemxija, bounded on the South East by the said street, on the North by property of the surety, and on the West by property of family Psaila or successors in title, free an unencumbered. The said site having been formerly occupied by the premises known as “Lourdes” without number.

4. Another portion of land forming part of the same territory known as “Tax-Xemxija”, having a total superficial area of one thousand two hundred and thirty-one square metres (1,231 square metres), bounded on the East by Triq it-Telgħa tax-Xemxija, from where it is accessible in part, and in part by property of Ursola Borg or her successors in title, on the North by property of the heirs of Giuseppe Busuttil, and on the South by property of Anthony Cassar or successors in title, free and unencumbered.

5. Another divided portion of land having an area of fifty-two point seven square metres (52.7 square metres), forming part of the territory known as “Tax-Xemxija”, bounded on the East by Triq it-Telgħa tax-Xemxija, from where it is accessible, and in part by property of Ursola Borg or successors in title, on the North by property of Giuseppe Busuttil and on the South by property of Anthony Cassar or successors in title, free and unencumbered.

6. Another portion of land forming part of the same territory known as “Tax-Xagħra”, having an area of two hundred and fifteen square metres (215 square metres), free and unencumbered, bounded on the West by an alley, which is unnamed, and on all other sides by property of the surety, enjoying the right of access.

The abovementioned properties are to be sold as one entity with a total area of 3,215.70 square metres, valued at five million and six hundred thousand Euro (€5,600,000).

The said tenements are the property of JPM Brothers Limited (C 31612).

N.B. The said tenements will be sold as described in the acts of the file 38/11.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 20th March, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Gabriella Vella, BA, LLD), Compilation number 313/2015 in the case:

The Police

(Inspector Herman Mula)

Versus:

MALCOLM BRINCAT, 22 years, Salesman, son of Kevin and Nadia Mary née Cacciattolo, born in Ħaż-Żabbar, Malta, on the 23rd April, 1992, residing at number 124, Malchan, Dun Karm Street, Birkirkara, Malta, and holder of Maltese identity card bearing number 214892M.

ORDERED the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to Malcolm Brincat, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

AUTHORISED that the accused Malcolm Brincat can withdraw from his Bank accounts or earn the amount which will not exceed thirteen thousand, nine hundred and seventy-six Euro and twenty-four cents (€13,976.24) per year.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

By means of a decree given on the 18th March, 2015, by the Court of Appeal, in the records of the Appeal Application, in the names Carmelo Farrugia et vs Mary Cassar, Application number 18/10 GG,the following publication was ordered for the purpose of service of the respondent Mary Cassar in terms of Article 187 (3) et. seq. of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, between Carmelo Farrugia and Josephine Farrugia vs Mary Cassar have been closed, the Court fixed the hearing of the cause on Wednesday, third (3rd) of June, 2015, at 9.00 a.m.

Notify: Mary Cassar, Carmen Flats, No. 1, Garden Street, Gżira.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Appeals

By a decree given by the Civil Court First Hall, on the 23rd March, 2015, on the application of Galea Emanuel, Thursday, 21st May, 2015, at noon, has been fixed for the Sale by Auction to be held in the first floor of these Courts of Justice, Republic Street, Valletta, of the following properties:

The apartament internally marked number five (5), forming part a block number five (5) unnamed, in Triq il-Pitkali, Marsa, subject to annual and perpetual groundrent of fifty-eight euro cents (€0.58), valued at thirty thousand Euro (€30,000).

The tenement number one hundred and fifty three (153), in Triq Santa Marija, Ħal Tarxien, subject to servitudes of light from adjacent property including airspace, valued at ninety thousand Euro (€90,000).

The first floor tenement number eight (8), in Triq l-Iskola, Marsa, underlying third party property, subject to groundrent of three Euro and eighty seven euro cents (€3.87), valued at twenty five thousand and five hundred Euro (€25,500).

The said tenements are the property of Manicaro Carmelo and Manicaro Angela.

N.B. The said tenements will be sold as described in the acts of the file number 15/13.

Marvic Farrugia

For the Registrar Civil Courts and Tribunals

IT IS BEING NOTIFIED that by a decree dated 20th March, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry(Magistrate Dr Gabriella Vella, BA, LLD), Compilation number 314/2015 in the case:

The Police

(Inspector Herman Mula)

Versus:

KENNETH BRINCAT, 27 years, Shop Owner, son of Edgar and Veronica née Galea, born in Tal-Pietà, Malta, on the 10th February, 1988, residing at “Sacred Heart”, Sisla Street, Swatar, Malta, and holder of Maltese identity card bearing number 109588M.

ORDERED the attachment in the hands of third parties in general all monies and other movable property due, or pertaining, or belonging to Kenneth Brincat, and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Article 22A of the Dangerous Drugs Act, Cap. 101 of the Laws of Malta, and of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

AUTHORISED that the accused Kenneth Brincat can withdraw from his Bank accounts or earn the amount which will not exceed thirteen thousand nine hundred and seventy six Euro and twenty four cents (€13,976.24) per year.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

By means of a decree given on the 10th March, 2015, in the records of the Sworn Application, in the names Advocate Dr John Buttigieg et vs Marlex Limited et noe, application number 1056/06 RCP, the following publication was ordered for the purpose of service of the respondent Josette Lia in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the Court of Appeal, in the names Advocate Dr John Buttigieg (ID 577545M), Advocate Dr Emanuel Buttigieg (ID 491548M), Rose, wife of Advocate Dr Joseph Brincat ID 673446M), Monica, wife of Herman Magro (ID 193553M), Carmen, wife of Joseph Houlton (ID 812950M), Gaetana, sive Tanya, wife of John Wismayer (ID 633150M), John Joseph Bezzina (ID 39258M), Julie Anne Bezzina (ID 534277M) vs Marlex Limited, Mario Blackman and Mario Blackman, who by a note of the 18th December, 2006, took over the proceedings and by a decree of the 11th August, 2009, Hola Properties Limited was called into the suit and by a decree of the 3rd February, 2011, as regards the respondent company Marlex Limited, the records were transferred in the name of Dr Ingrid Bianco, in her capacity as liquidator of Marlex Ltd, and by a decree of the 13th October, 2014, following the death of Mario Blackman, during the proceedings, the records in his name were transferred on to the name of Rosemarie Bonaci, Marlene Grech, Josette Lia, Mario Blackman, Lorna Baldacchino and Anton Baldacchino, the applicants Advocate Dr John Buttigieg, Advocate Emanuel Buttigieg, Rose, wife of Advocate Dr Joseph Brincat, Monica, wife of Herman Magro, Carmen, wife of Joseph Houlton, Gaetana, sive Tanya, wife of John Wismayer, John Joseph Bezzina and Julie Anne Bezzina respectfully pleaded:

That by means of a sworn application, the appellants premised that they are the nephews and heirs of Helen Gauci, who died intestate on the 1st March, 2002, and without any children. They also premised that the inheritance of Helen Gauci includes the temporary utile dominium of the premises 679, St Joseph High Road, Ħamrun, for the remaining period of the original 150 years, which commenced to run on the 15th August, 1879, which concession lapses on the 15th August, 2029.

The appellants premised that in virtue of a public deed dated 21st February, 1980, in the records of Notary Joseph Cachia, Helen Gauci granted the premises mentioned to the defendants spouses Blackman for a period of 21 years, with effect from the date of the contract renewable for another period of 21 years. They premised that the original period of 21 years lapsed on the 21st February, 2001, and the concession was not renewed by the publication of a contract for another period of twenty one years.

The appellants premised that by a public deed of the 23rd March, 1995, in the records of Notary Dr Joseph Raphael Darmanin, the spouses Blackman sold to the company Marlex Ltd (previously E.M.C. Imports Ltd), the temporary subutile dominium of the premises mentioned for a period of 42 years, with effect from the 21st February, 1980. They also premised that after the 21st February, 2001, the spouses Blackman did not have any legal title on the premises and had no right in virtue of the contract dated 23rd March, 1995, to sell and transfer the temporary subutile dominium after the 21st February, 2001.

That the appellants also premised that the premises is still occupied by the partnership Marlex Limited, and that the same partnership called upon to vacate the same premises remained in default.

That for the reasons above mentioned the appellants asked the Court so that:

1. It declares that the empytheutical concession made by means of a contract dated 21st February, 1980, in the records of Notary Dr Joseph Cachia, lapsed on the 21st February, 2001, and since that day it did no longer have any legal validity as it was not renewed by a public deed as required by law.

2. Declare:

A. That the defendants Blackman had no right to sell and transfer to the defendant company the temporary subutile dominium for the period after the 21st February, 2001.

B. That the transfer of the temporary subutile dominium for the period after the 21st February, 2001, made by means of a public deed of the 23rd March, in the records of Notary Joseph Raphael Darmanin can have no legal effect.

C. Condemn the defendants so that within a short and peremptory period fixed by this Honourable Court, they make the correction of the public deed of the 23rd March, 1995, in the records of Notary Dr Joseph Raphael Darmanin, in the sense that the transfer of the temporary subutile dominium be limited up to the 21st February, 2001.

D. Appoint a Notary Public and curators for the eventual defaulters.

3. Consequently declare that the defendant company Marlex Limited has no right to occupy the premises 679, High Street, Ħamrun, and that the basement of the same premises bears the number 679a, High Street, Ħamrun.

4. Condemn the same defendant company Marlex Ltd to vacate the premises 679, High Street, Ħamrun, as well as the basement of the same premises as number 679a, High Street, Ħamrun, within a short and peremptory period which the Court shall establish.

The appellants also asked that the defendants be condemned to pay the costs of the cause, and the same defendants were summoned so that a reference to their evidence be made, and this saving damages from the 21st February, 2001, due to illegal occupation.

That by means of a Note of Mario Blackman (ID 236260M), dated 18th December, 2006, declared that he wants to represent the inheritance of Dolores Blackman, in the records of this sworn application, in the names premised and took over the records to represent the same inheritance that however subsequently the same Mario Blackman (ID 236260M) did not present any sworn reply.

That the respondent company Marlex Limited filed a sworn application, in virtue of which it pleaded that the applicant’s demands are unfounded in fact and at law, and are to be rejected with costs against them as they cannot be juridically upheld.

That the same company Marlex Limited pleaded also that in terms of the demand made by Anthony Bezzina, in his capacity of curator of the interdicted Helen Gauci, predecessor of the applicant, as well as decree 28/1980, given by the Honourable Second Hall Civil Court, and this according to that which results from the contract of the 21st February, 1980, from where the rights of the respondents Blackman who conceded to the applicants the property mentioned in the writ of summons resulted, the emphyteutical concession was described in the following manner:

...........omissis...........

The same company Marlex Limited pleaded also that in the same emphyteutical concession, it is stated that the same subemphyteutical concession is being made and accepted towards the temporary subgroundrent of €2.91 daily for the first twenty one years, and in case it is decided to extend the subemphyteusis for the second period of twenty one years the increase shall be of 15% more than that indicated in the first period of twenty one years.

The same company Marlex Limited pleaded that it does not result that the subemphyteuta made use of the right granted in the relative concession, and that is why he did not terminate the emphyteutical concession at the end of the first twenty one year period, and thus it follows that the concession was automatically renewed for another twenty one years.

...........omissis...........

That the respondent Mario Blackman (ID 2011843), in his sworn reply pleaded that the applicant’s demands are unfounded in fact and at law, and are to be rejected with costs against them.

That the same Mario Blackman pleaded also that in terms of the demand made by Anthony Bezzina, in his capacity of curator of the interdicted Helen Gauci predecessor of the plaintiffs as well as decree No. 28/1980, given by the Second Hall Civil Court, and according to that which results from the contract of the 21st February, 1980, from where there resulted the rights of the interpellant Mario Blackman, who transferred to the defendant company the property mentioned in the sworn application, the subemphyteutical concession was made for a period of twenty one years ...omissis... which shall be automatically renewed.

...........omissis...........

That the applicants asked that there be called into the cause, the company Hola Properties Ltd, which demand was upheld by a decree of the 11th August, 2009.

That the same company called into the suit Hola Properties Ltd, pleaded that the applicant’s demands are unfounded in fact and at law, and are to be rejected with costs against the applicants for the following reasons.

That the subemphyteutical concession of the commercial premises merit of the present procedures made by means of a contract of the 21st February, 1980, in the records of Notary Joseph Cachia, is valid till the 21st February, 2002, since the subemphyteuta did not make use of the right to terminate the said concession before the lapse of twenty one years given to him in virtue of the same contract.

...........omissis...........

The same company Hola Properties Ltd pleaded also that it has a valid title at law on the premises merit of the present procedures, and consequently the applicant’s demands cannot be upheld and should be rejected.

That during the proceedings, the company Marlex Limited went into liquidation and in regard to this company, the records were transferred onto to the name of the liquidator Dr Ingrid Bianco.

That in virtue of a judgement of the First Hall Civil Court, of the 30th November, 2011, the reply of the company Marlex Limited (today Dr Ingrid Bianco in her capacity of liquidator of the same company dated 23rd January, 2007), (decree of the 3rd February, 2011), and the sworn reply of the defendant Mario Blackman, dated 14th June, 2007, and the reply of the company called into the cause Hola Properties Limited dated 28th September, 2009, were upheld, and the plaintiff’s requests were rejected.

That the applicants felt aggrieved by this judgement, and are filing this appeal before this Honourable Court.

That the facts regarding this cause are the following:

That the appellants who are the heirs of Helen Gauci are the owners of the utile dominium of the premises 679, St Joseph High Road, Ħamrun, for the period of 150 years, which commenced on the 15th August, 1897.

That in virtue of a contract dated 21st February, 1980, in the records of Notary Joseph Cachia, Helen Gauci granted the premises mentioned through her curator Anthony Bezzina for a period of 21 years, with effect from the date of the contract renewable for another 21 years to the spouses Blackman.

That the original period of 21 years lapsed on the 21st February, 2001, and the concession was not extended by the publication of a contract for another period of 21 years, after the 21st February, 2001, the emphyteutical concession did not have legal effect.

That by means of a contract published dated 23rd March, 1995, in the records of Notary Dr Joseph Raphael Darmanin, the defendants Blackman sold to the company Marlex Limited (previously known as E.M.C. Imports Ltd), the temporary subutile dominium of the premises for a period of 42 years, with effect from the 21st February, 1980.

That after the 21st February, 2001, the spouses Blackman had no legal title on the premises.

...........omissis...........

That during the proceedings of the cause Marlex Limited, the company Hola Properties Ltd, was called into the suit and during the proceedings, the company Marlex Ltd went into liquidation.

That the grievance is clear and manifest, and consists in the following:

That the appellants do not agree with the decision of the Honourable First Court, which in terms of the contract of the 21st February, 1980, there was no necessity that the renewal of the emphyteusis be made by another public deed, because the renewal was made automatically, when the subemphyteuta did not give a six-month prior notice before the lapse of the first twenty one years.

The appellants submit that what was agreed in the contract is not conformity but in conflict with the provisions of the law relating to emphyteusis.

...........omissis...........

In virtue of article 1521 of the Civil Code, the subemphyteusis given by Anthony Bezzina noe to the spouses Blackman, for a period of 21 years according to the contract of 21st February, 1980, in the records of Notary Joseph Cachia, lapsed on the 21st February, 2001, and on that date, the premises de quo reverted ipso jure to the dominus.

That the appellants wish to refer to the judgement of the Court of Appeal given on the 5th October, 1998, in the names Alfred Pace vs Paolo, sive Paul Sciortino, exhibited in the proceedings.

...........omissis...........

When the law due to reasons of public order requires ad validitatem that the form is a solemn one there cannot be upheld considerations which are somewhat liberal according to the circumstances of the case. Thus, the contractor Anthony Bezzina noe and the spouses Blackman in the contract of the 21st February, 1980, could not derogate from that law due to reasons of public order imposed ad valididatem.

...........omissis...........

That the appellants are also submitting that they do not agree with the submissions of the respondents that the renewal of the emphyteusis was made according to the decree number 28/1980 of the Second Hall Civil Court exhibited with the sworn application due to the fact that Helen Gauci, predecessor of the appellant was interdicted. If one examines this decree one finds that this Court did not grant any authority so that the emphyteusis is renewed automatically. The form that the contracting parties used in the contract of the 21st February, 1980, regarding the renewal of the lease is ultra vires, and this since it was not permitted by the Second Hall Civil Court, in its decree already mentioned.

That the appellants are also submitting that the renewal could only be made by means of a public deed because it was agreed by the contracting parties in the second year that the rate of the groundrent had to be changed.

That the appellants want to submit that after the 21st February, 2001, the defendants spouses Blackman had no longer any valid legal title on the premises in question because the emphyteutical concession had lapsed on that date.

That the appellants wish also to submit that they do not agree with the reasoning of the Honourable First Court that the judgements, the facts mentioned in the cause, or better the jurisprudence mentioned by them and exhibited in the proceedings are different from the present cause.

Finally, the appellants wish also to submit that according to that retained in the cause Alfred Pace vs Paolo, sive Paul Sciortino, and in our jurisprudence above referred to, the emphyteuta had the obligation that before the emphyeutical concession lapses he takes care that Professor Ian Refalo, who was the curator of Helen Gauci, come forward to the contract of renewal of the emphyteusis, and in case he refutes that he takes the necessary steps to enforce his rights. The respondent partnership Marlex Ltd did not take these steps.

Thus for the reasons premised, the appellant whilst referring to the proof brought forward by the Honourable First Court and that brought forward in the Appeal stage, prays with respect that this Honourable Court revokes the judgement appealed in the names premised of the 30th November, 2011, and this as indicated in this Appeal Application, and by upholding all the demands of the appellants, with costs of both instances against the respondents.

Appellants: Adv. John Buttigieg et, 652, St Joseph High Road, Ħamrun.

Notify: Josette Lia, Mardor, Triq l-Imdina, Ħal Balzan.

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 21st May, 2015, at eleven in the morning, for the Sale by Auctionto be held on the first floor, Courts of Justice,Republic Street, Valletta, of the following properties:

The apartment internally marked number eight (8), overlying by apartment number ten (10), and underlying by apartment number six (6), in a block named ‘Highclere Court’, in Triq Raddett ir-Roti, Xemxija, limits of Saint Paul’s Bay. The tenement is on the second floor on the right of the block when one looks to the block from the mentioned street, part of a block of ten apartments including an undivided share of the block common parts, the outside door, the entrance and the stairs to the roof, drains and drainage system, and an undivided share of the roof. The apartment is subject to servitudes resulting from its relative position, with all rights and appurtenances, subject to an annual groundrent of eighty one Euro and fifty two cents(€81.52), valued at one hundred ninety six thousand, five hundred and eighteen Euro (€196,518).

The said tenement is the property of the absent Sammut Jason represented by Dr Martin Fenech and PL Liliana Buhagiar nominated Deputy Curators by a decree of the 17th February, 2014.

N.B. The said tenement will be sold as described in the judicial sales act 2/2014.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By a decree of the 30th January, 2015, given by the First Hall of the Civil Courts, ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Michael Gatt (ID 49577M), on behalf of Howard’s Ltd (C 12466), on the 25th June, 2014, is asking for the withdrawal of the amount of €4,013.37 deposited by the Schedule of Deposit number 1343/13 in the names of Howard’s Ltd (C 12466) vs What’s On Where Ltd (C 44153), Selkies Ltd (C 35552), Karl Allmark (ID 72317A) and Pamela Allmark (ID 205368M).

The Court ordered the notification of this application with a four (4) days for filing a reply.

Marvic Farrugia

For the Registrar of Courts and Civil Tribunals

By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc, Thursday, 21st May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:

The apartment unnamed and without official number internally marked with number one (1), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in thegroundfloor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system.The block is built on the site previously occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and twenty thousand Euro (€120,000).

The apartment unnamed and without official number, internally marked with number two (2), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in thegroundfloor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system. The block is built on the site previously occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and forty thousand Euro (€140,000).

The block and the apartments are bordered from the West with Triq Wiġi Rosato, the East with Triq il-Kunċizzjoni, and from the South with property of third parties or other boundaries. The block is built on the site formerly occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Bormla.

The said tenements are the property of Small Properties Ltd.

N.B. The said tenements will be sold as described in the judicial sales act 68/14.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals

By a decree given on the 22nd December, 2014, 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 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 16th February, 2015, on the application of HSBC Bank Malta plc,Thursday, 21st May, 2015, at half past ten in the morning, for the Sale by Auction to be held on the first floor, Courts of Justice, Republic Street, Valletta, of the following properties:

The apartment unnamed and without official number internally marked with number one (1), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in the ground floor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system.The block is built on the site previously occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and twenty thousand Euro (€120,000).

The apartment unnamed and without official number internally marked with number two (2), found on the first floor of the block unofficially named ‘Cottonera Flats’, overlying a common entrance in the ground floor in a block of six apartments and a penthouse without name and official number, in Triq Wiġi Rosato, Bormla. The apartment is accessible from the mentioned street, free and unencumbered, and includes one sixth (1/6) undivided part of the roof and common washroom, and one seventh (1/7) of the common parts which include the entrance, the stairs to the roof, the lift and its shaft and the drainage system.The block is built on the site previously occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Cospicua. The apartment is valued at one hundred and forty thousand Euro (€140,000).

The block and the apartments are bordered from the West with Triq Wiġi Rosato, the East with Triq il-Kunċizzjoni, and from the South with property of third parties or other boundaries. The block is built on the site formerly occupied by three tenements numbered twenty five (25), twenty seven (27) and twenty eight (28), in Triq il-Kunċizzjoni, Bormla.

The said tenements are the property of Small Properties Ltd.

N.B. The said tenements will be sold as described in the judicial sales act 68/14.

Rudolph Marmarà

For the Registrar Civil Courts and Tribunals