Court Notices published in Govt. Gazette No. 19,446 of 26 June 2015

By means of a decree given on the 4th December 2014, by the Court of Appeal, in the records of the Appeal Application, in the names Carmen Zammit vs Jason Delia, Application number 2327/99, the following publication was ordered for the purpose of service of the respondent Carmen Zammit in terms of Article 187(3) et seq. of Cap. 12.

By means of an Appeal Application filed, in the Court of Appeal, Application number 2327/99, in the names Carmen Zammit vs Jason Delia (ID 54678M), on the 12th November 2012, the applicant Jason Delia respectfully pleaded:

That in virtue of a Writ of Summons filed on the 25th October 1999, the plaintiff premised and asked:

1. That the defendant Delia had run over the plaintiff with his vehicle number DAN-443 on the 14th February 1998, in Triq Hompesch, Fgura, and as a consequence of the same he injured her and caused her consequent damages.

2. That this car accident was due to carelessness, negligence, lack of attention and non observance of the regulations on the part of thje defendant.

Asked the Court so that the defendant states why it should not:

i. Be declared that this incident was due solely to the fault of the defendant Delia.

ii. There be declared the damages suffered by the plaintiff as a consequence of the same incident.

iii. He be condemned to pay the damages liquidated caused by him to the same plaintiff.

With costs.

That the applicant rebutted the plaintiff’s demands by a note of pleas of the 28th January, 2000.

1. That the plaintiff’s demands are unfounded in fact and at law since he is not guilty at all for the incident de quo.

2. That it is not the case that the plaintiff suffered any damages as a consequence of the incident.

Facts of the case.

That whilst the applicant was driving the vehicle DAN -443 in Triq Hompesch, Fgura, in the early hours of the 14th February 1998, he allegedly ran over the plaintiff’s feet.

Judgement of the First Hall of the Civil Court of the 25th October, 2012.

That in its judgement after finding the applicant guilty of the incident the Court liquidated the damages incurred by the plaintiff Carmen Zammit, in the amount of (€5,481.01) and passed on to condemn the applicant to pay the said amount together with costs and legal interests.

Appeal:

That the applicant felt aggrieved by the judgement above mentioned and is thus filing this humble appeal.

The applicant appealed from that part of the judgement regarding the damages which were granted to the applicant Carmen Zammit and the interests he was condemned to pay.

The First Grievance.

That the principal grievance of the applicants relates to the damages granted to the plaintiff Carmen Zammit.

That from the proof resulting from the proceedings it results that the Court was completely wrong when it ordered the applicant to pay the plaintiff the sum of €5,481.01 as real damages, as the Court concluded that Zammit had lost six months work as a consequence of the injuries suffered as a consequence of the incident.

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

It is manifest that the Court granted real damages to the plaintiff Zammit despite that as we saw the proof resulting from the proceedings show that she incurred no real damages. Apart from that it is stated that no proof was brought forward that the plaintiff Zammit had lost six months work as a consequence of the incident.

The Second Grievance.

The second grievance of the applicant which is being brought forward without prejudice to the preceding grievance is that the Court could never condemn the applicant to pay the plaintiff on the amount of damages liquidated by the same Court from ‘May 2008’.

The plaintiff’s demand was for the liquidation and payment of damages and thus the Court could never have ordered the payment of interest from the date (which is not determined) on which the plaintiff allegedly presented a judicial letter. If ever the interest is to pass only from that day that the judgement was pronounced.

Apart from this it is stated also that no judicial letter was presented in the records of this cause.

Applicant’s Demand.

Thus the applicants pray with respect that this Honourable Court reforms the judgement appealed by whilst confirming the first paragraph of the operative part whereby the applicant was found responsible for the incident which occurred on the 14th February 1998, it cancels and revokes, the second, third and fourth paragraphs of the same operative part of the judgement and if ever condemn the applicant limitedly to the payment of the costs of the cause in First Instance.

Service: 96, ‘Liliana’, Block B, Flat 3B, Triq Ġulju, St Paul’s Bay.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of of a decree given by the First Hall Civil Court, on the 26th May 2015, in the records of the Warrant of Prohibitiory Injunction, in the names Bollicine Ltd vs Pyramid Hotels Ltd, application number 609/15 JPG, the following publication was ordered for the purpose of service of the respondent company Pyramid Hotels Limited in terms of Article 187(3) et seq. of Cap. 12.

By means of an Application presented in the First Hall Civil Court, in the names (Applicant) Bollicine Limited, a company registered with the Malta Financial Services Authority with letter ‘C’ number one one one zero six (C 11106) and which has its registered address at number two hundred and one (201) Naxxar Road, Birkirkara, against (Respondent) Pyramid Hotels Limited, a company registered with the Malta Financial Services Authority with letter ‘C’ number one six three six one (C 16361) and which has its registered address at ‘The Cove’, Bay Junctions, Saint Julians, on the 16th April 2015, the applicant Bollicine Limited respectfully pleaded and confirmed under oath:

That the applicant is order to safeguard their credit hereunder mentioned against the respondent humbly asked this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent in order that it be withheld from selling, alienating, transferring or disposing both inter vivos both by onerous and gratuitous title any property and in particular:

The hotel without official number named ‘The Lapsi Water Side’ including its basement and its free airspace usque ad coelum in Triq il-Kbira, known as Main Street and which overlooks also Trejqet il-Bajja, known as Bay Junction, from which Street the Hotel mentioned is also accessible, Balluta, in Saint Julians. The said property borders on the East with the said Main Street, on the North with Palmyra Mansions, property of Emanuel Delicata or his successors in title, and on the South with property of Edgar Naudi or his successors in title as subject to the annual and perpetual groundrent of (€153.97) with all its rights and appurtenances.

The interpellant company humbly asks this Honourable Court to order the issuing of a provisionary Warrant of Prohibitory Injunction according to Article 875 (2) of Cap. 12 of the Laws of Malta pending the definitive decision. Therefore the interpellant is humbly asking this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction in question against the respondent.

Credit: The sum of two hundred sixty five thousand and seventy four Euro and fourteen cents (€265, 074.14) according to a prospect attached to this application.

Title: The sum secured represents amount due by the debtor company to the applicant company for works and consignments of materials which the applicant company made to the creditor company including but not limitedly supply of tiles and ceramics and ‘sanitary ware’ and related works in the property mentioned in the application everything according to the prospect above mentioned.

Sgd. Adv. William Cuschieri.

Confirmed before under oath after I read its contents and in the presence of as witness of identity by Mr David Borg (ID 45161M).

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above mentioned application was presented and there recur the elements according to law for the under mentioned order.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First Hall with the witness of the Hon. Madam Justice Jacqueline Padovani Grima, LLD, LLM, (IMLI), Doctor of Laws.

Applicant; Bollicine Limited, 201, Naxxar Road, Birkirkara.

Respondents: Pyramid Hotels Limited ‘The Cove’, Bay Junction, Saint Julians.

Execution: Director Public Registry, ‘Evans Building’, Merchants Street, Valletta.

Land Registrar, ‘Casa Bolino’, Triq il-Punent, Valletta.

The Application Warrant of Prohibitory Injunction in the names Bolicine Ltd vs Pyramid Hotels Ltd, Application number 609/15 JPG, has been deferred for hearing to the 1st July 2015, at 9.20 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 19th June 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

Go plc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 18th March 2015 whereby they asked the Tribunal to condemn Roussel-Hemery Morgane Afife Francoise Marie Najwa (ID 73555A) of Ave Maria, Flat 1A, Triq l-Isqof F.S. Caruana, l-Imsida, to pay the plaintiff company the sum of €564.72 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 193/15GB) is put off on the 15th July 2015 at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 8th May 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

Mobisle Communications Limited (C24655) of Triq Fra Diego, Marsa, MRS 1501, filed a Claim on the 18th March 2015 whereby they asked the Tribunal to condemn Victoria Anne Scanlon (ID 63041A) of Country Court, Flat 5, Triq it-Tunnara, in-Naxxar, to pay the plaintiff company the sum of €393.71 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 188/15GB) is put off on the 15th July 2015 at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 28th May 2015, in the records of the Sworn Application, in the names Debono Pauline vs Debono Pasquale, application number 362/15 LSO, the following publication was ordered for the purpose of service of the defendant Pasquale Debono, 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 Pauline Debono (ID 676160M) vs Pasquale Debono (ID 873652M) on the 21st April 2015, the applicant Pauline Debono, after various premises made in the application, asked the respondent to state why this Honourable Court should not:

1. That by means of a contract of personal separation of the 29th August 2005, in the records of Notary Doctor Mario Bugeja, the parties agreed that there should be left in common between them the immovable property consisting in a divided portion of land tal-Gandlora, Ħaż-Żebbuġ of the superficial area of circa one thousand one hundred twenty five point nine eight square meters (1,125.98 sq.m.) as described in the application included on this land the ameliorations and the farmhouse and two garages known also as ‘Mexico’ and ‘Ex Savage’ previously ‘Ta’ Pawlina Cottage’

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

6. That for these reasons the applicant does not want to remain in a state of co-ownership with the respondent.

7. ...............omissis.............

8. That called upon by word and in writing to come forward to the partition voluntarily the respondent remained in default and thus this cause had to be made.

That thus the applicant Pauline Debono, asked the respondent to state why this Court should not for the reasons premised;

1. Divide in equal portions the immovable property described in the application which borders with Triq Luigi Fontana, Ħaż-Żebbuġ, including the ameliorations and the property with the name ‘Mexico’ and ‘Ta’ Pawlina Cottage’ if necessary by means of the appointment of an Architect, assign the portions so equally divided to the parties both directly or by lot and uphold the other demands in the application amongst which the sale by licitation if the property as described is not easily divisible.

With costs, against the respondent summoned so that a reference to his evidence is made.

Respondent: Pasquale Debono, ‘Mexico’ Triq Luigi Fontana, Ħaż-Żebbuġ, Malta.

The Sworn Application in the names Debono Pauline vs Debono Pasquale, application number 362/15 LSO, has been put off for hearing to the 8th October 2015, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree of the 21st May 2015, delivered by the Court of Magistrates (Gozo) Inferior Jurisdiction, in the records of judicial letter number 209/2014, in the names Director of Social Security vs Wilfred Debattista, (Identity card number 249659M) with address at 70, Triq 28 ta’ April 1688, Qala, Gozo, in his capacity of an heir of Carmelo Debattista I.D. 586034M, which letter was filed on the 13th May 2015 it was ordered that the following publication be affected in order to serve as service on the respondent in terms of article 187 (3) of Chapter 12 of the Laws of Malta.

To Wilfred Debattista I.D. 249659M, of 70, Triq 28 ta’ April 1688, Qala, Gozo in his capacity of an heir of Carmelo Debattista ID 586034M.

By the present judicial letter the Director of Social Security of 38, Ordinance Street, Valletta, calls upon you so that within a week from the service of this act, you pay sender the sum of three hundred, thirty eight euro and fifty-three cents (€338.53) being money overpaid as pension to Carmelo Debattista for the period between 5th February 2011 and 4th March 2011 and since said amount has been paid after the date of the demise of the said Carmelo Debattista and therefore such payment was not due according to the law.

In default further legal action will be taken against you.

This is meant for your guidance.

With costs.

Issued by the aforementioned Court of Magistrates (Gozo) Inferior Jurisdiction, under the signature of Dr. Paul Coppini LL.D, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar Gozo Courts and Tribunals

By means of a decree given, on the 25th March 2015, by the First Hall Civil Court, in the records of the Sworn application, in the names Borg Carmel Charles vs APS Bank Ltd et, application number 882/14 JRM, the following publicatio was ordered for the purpose of sevice of the respondents C.A.B. Ltd and Nazzareno Borg, 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 Carmel Charles Borg (ID 332274M) vs APS Bank Ltd (C 2192), C.A.B. Limited (C 21419), ACE Investments Company Limited (C 13468), Joseph Ferriggi (300357M) and his wife Judith Ferriggi (ID 61554M), Nazzareno Borg (ID 964845M), Maria Grazia known as Mary Grace Borg (ID 920148M) on the 8th October 2014, the applicant Carmel Charles Borg, asked this Honourable Court;

1. To declare that the applicant’s consent on the guarantee dated twenty fourth February 1999, hereby attached with the application is null since the applicant’s consent was given due to a mistake regarding the fact which affects the substance itself of the object of the guarantee in terms of Article 976 of the Civil Code (Cap. 16) of the Laws of Malta and uphold the other demands in the application.

With costs against the respondents, summoned so that a reference to their evidence is made.

Applicant: Carmel Charls Borg, tal-Għabex, Triq il-Pal, Imqabba.

Respondents: 1.C.A.B.Limited, ta’ ‘Grace’ Mons A. Buhagiar Street, Rabat, Malta.

2. .......omissis.......

3. .......omissis.......

4. .......omissis.......

5. Nazzareno Borg, Belleville Court, Apartment E 12, St. Luke’s,Pietà.

6. .......omissis.......

The Sworn application in the names Borg Carmel Charles vs APS Bank Ltd et, application number 882/14 JRM has been put off for hearing to the 22nd July 2015, at 10.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree given by this Court, on the 15th June, 2015, following a request of Joseph Said et, it was ordered that Deputy Curators be chosen to represent the absent Amelia Said, in the records of Application with number 580/2015AE, in the names Joseph Said et vs Deputy Curators, and in the other relative and subsequent acts.

By means of an Application filed in the First Hall Civil Court, in terms of Article 495A of Cap. 16 of the Laws of Malta, in the names Joseph Said, (I.D. 639924M) and John Said (I.D. 362251M) for and on behalf of the absent (a) Mary Bowler wife of Stephen Bowler, Lilian Rowe wife of Patrick Rowe, Carmen Duggan wife of Tony Duggan, Jane Galea wife of Vince Galea, Thomas Vassallo, Paul Vassallo and John Thomas Vassallo sive Jack Vassallo, brothers and sisters Vassallo, children of the deceased James Vassallo and Rosa née Said, all resident in Australia, and (b) Indu Vassallo widow to Joseph Vassallo, daughter of Vidya Shandil and Vidya Wati Deo, resident in Australia, duly verbally constituted vs Deputy Curators appointed to represent the absent Amelia Said, widow to Paul Said, daughter of the deceased Francesco da Silva Gomez and Maria de Jesus Soares, born in Oporto, Portugal, on the 12th June, 2015, the applicants Joseph Said et, respectfully pleaded:

That the applicants, together with the intimated Amelia Said, are co-owners of the building or rather house with its underground and its free airspace, which house has two (2) entrances, a main one with the official number thirty-five (35) which previously was number seventeen (17), and the other one with the official number thirty-seven (37), located in Oratory Street, in Mosta, free and unencumbered, with all its rights and appertunances;

……Omissis……

That as far as the applicants are aware, the intimated Amelia Said long time ago used to live at 43, Atherton Road, Forest Gate E7, in London, England, and from the date of the contract of compromise to date no one of the applicants or anyone of their other relatives had contact with Amelia Said. Although they tried to find her, and they even went to the English Embassy in Malta for this scope, nonetheless they didn’t manage to find her. Indeed from information which the applicants have, the same Amelia Said no longer lives in the last address mentioned before and she went to live somewhere in her place of birth in Portugal;

……Omissis……

That the building de quo has been held in common between the parties (and/or their predecessors) for more than ten years;

That furthermore as far as the applicants are aware, no one of the owners started any action in front of any other court or tribunal for the division of the property de quo;

That the building de quo has been for sale for years, and the applicants, who amongst them form the biggest number of co-owners, found the sale of the same building and by way of a promise of sale agreement of the 9th September, 2014 (copy attached hereto as ’Doc. B’) as subsequently amended and extended by a private writing of the 1st June, 2015 (copy attached hereto as ’Doc. C’), all the applicants obliged themselves to sell and transfer their share of nine-tenths (9/10) undivided share of the same building against the price for the whole building of one hundred and twenty-one thousand one hundred and twenty-seven Euro (€121, 127) in favour of Daniel and Graziella spouses Grech, who obliged themselves to buy and acquire the whole building at the price and under the conditions listed in the same promise of sale agreement and private writing before mentioned and attached hereto;

……Omissis……

That, in terms of Article 495A of the Civil Code (Cap. 16) of the Laws of Malta, the applicants declared and John Said confirmed on oath that the parties are co-owners of the mentioned building in the shares herein below indicated and according to the Family Tree which is attached hereto as ’Dok. D’ and this should serve to satisfy the requirements of the statement in terms of the same Article 495A Cap. 16:

Joseph Said 9/20

The heirs of Rosa Vassallo (who had 2/5 of the building de quo) and therefore:

Mary Bowler 9/160

Lilian Rowe 9/160

Carmen Duggan 9/160

Jane Galea 9/160

Thomas Vassallo 9/160

Paul Vassallo 9/160

John Thomas Vassallo sive Jack Vassallo 9/160

Indu Vassallo armla ta’ Joseph Vassallo 9/160

Amelia Said 1/10

That the price mentioned before is a fair price for the building in its current condition and furthermore in the humble opinion of the applicants, the intimated party will not be greviously prejudiced in any manner with the sale of the building de quo and therefore this Honourable Court should authorise this sale which is the will of the bigger number of co-owners in the measure of the value of the shares which each of them has;

That therefore the applicants were forced to proceed with the present procedure which is being made in terms of Article 495A of Cap. 16 of the Laws of Malta.

Therefore, in view of the above, the exponents humbly demand that this Honourable Court, whilst giving every declaration whcih is necessary and opportune, to:

1. Authorise the sale of all the shares in the building or rather house with its underground and its free airspace, which house has two (2) entrances, a main one with the official number thirty-five (35) which previously was number seventeen (17), and the other one with the official number thirty-seven (37), located in Oratory Street, in Mosta, free and unencumbered, with all its rights and appertunances, and this for the price and under the conditions and provisions contained in the promise of sale agreement dated 9th September 2014 and the private writing dated the 1st June 2015 attached hereto, done with the testimony of Notary Doctor Maria Bonavia;

2. Fix a day, time and place for the publication of the relative act to be made in the Maltese language with the testimony of Notary Doctor Maria Bonavia; and

3. Nominate deputy curators to appear in the eventuality of default to be present on the publication of the act of transfer;

4. Give all those orders which it deems proper and opportune.

With all costs against the intimated party who is from now summoned by reference to its oath, such that in the case in which this Honourable Court proceeds to uphold the preceding demands in this application, all the costs should be deducted from the share of the sale price of the building de quo of the intimated party, with the outstanding balance to be deposited under the authority of the Court in terms of law.

Interpellants:Fl. 4, Blokk A-1, Bieb A, Triq id-Dawr, Mosta

Service: 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. Mr Justice Anthony Ellul, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By means of a decree given, on the 13 th May 2015, by the First Hall Civil Court, in the records of the Sworn Application, in the names Grima Carol Ann Paulsen et vs Grima Anna Reitzia, application number 316/15 LM, the following publication was ordered for the purpose of service of the defendant 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 Carol Ann Paulsen Grima (ID 385207L) and Linda Theresa Isabel Grima (ID 341206L) vs Anna Reitzia Grima (ID 277799M) on the 8th April 2015, the applicants asked the defendant why this Honourable Court should not:

1. Condemn the defendant to pay the legitim due to them according to law and uphold the other demands in the application.

With costs against the defendant summoned so that a reference to her evidence be made.

Applicant: 348, Triq in-Nixxiegħa, Mellieħa.

Respondent: 3, ‘Solar Mansions’ Carmel Street, Saint Julians.

The Sworn Application in the names Grima Carol Ann Paulsen et vs Grima Anna Reitzia, application number 316/15 LM, has been put off to the 1st July 2015 at 9.00 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 9th April 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12) .

Go plc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 23rd January 2015 whereby they asked the Tribunal to condemn Italo G Cassar (ID 227235M) of 68, St Anna, Triq Misraħ il-Barrieri, Santa Venera, to pay the plaintiff company the sum of €734.88 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 42/15VG) is put off on the 15th July 2015 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 9th April 2015, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12) .

Go plc (C22334) of Fra Diego Street, Marsa, MRS 1501, filed a Claim on the 23rd January 2015 whereby they asked the Tribunal to condemn Josephine Bugeja (ID 160978M) of 7, Jurgen, Flat 6, Triq is-Sibbien, Wied il-Għajn, to pay the plaintiff company the sum of €1,189.51 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 57/15VG) is put off on the 15th July 2015 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals.

By means of a decree of the 24th of June 2015 given on an application of Paola Bugeja filed on the 22nd of June 2015 in the records of application number 626/2015 wherein it was ordered the publication of the inventory of the late FRANCESCA BUGEJA (I.D. number 0345626M), widow of Emanuel, daughter of the late Carmelo Camilleri and the late Maria née Vassallo, born at Mġarr Malta and died at Tal-Qroqq, Msida on the 26th of March, 2014, aged 87 years.

This publication is going to be held on Tuesday, the 16th of July 2015 at 5.00 p.m. at the office with the name ‘Manifk’, St. Anne Street, Marsaskala under the ministry of Notary Dr Ruben Casingena.

MARCEL BUGEJA

For the Registrar Civil Court and Tribunals

Republic of Malta

To The Marshall of the Court.

By means of a decree by this Court, on the 20th May 2015, following a request of Mary Anastasi, it was ordered that deputy curators be chosen to represent the unknown heirs of Giuseppe Pace Asciak, in the records of the schedule of redemption of groundrent no. 750/15, in the names Mary Anastasi vs deputy curators and in the relative and subsequent acts.

By means of a Schedule of Deposit and contextual redemption of groundrent, filed, in the First Hall Civil Court, in the names Mary Anastasi, widow of Saverio, daughter of the late Alfredo Genovese and Giulietta née Mallia, born in Ħamrun and residing in Sliema, holder of identity card number 569735(M) vs Deputy Curators to represent the unknown heirs of the siblings William Henry Boothman, born in Casal Lia and Dr Maria Stella Briffa, wife of Dr Giuseppi Briffa born in Casal Lia, children of William Boothman and Deputy Curators to represent, the unknown heirs of Giuseppe Pace Asciak, son of Giovanni, born in Valletta, on the 19th May 2015, the interpellant Mary Anastasi, respectfully pleaded;

That in virtue of a contract of rescission in the records of Notary Dr Maria Spiteri, dated 10th August 2010, there were returned to the interpellant the possession and property of the tenement with official number eighteen (18) with an annexed garden in Archbishop Romero Street, previously New Side Street, which abutts on Birkirkara Road, on one side and on the other side in Sacred Heart Street, St. Julian’s, underlying property of third parties subject to the annual and perpetual subgroundrent of (€9.32) and for which the right of laudemium is due and subject to the servitude of apertures and rain water and common drainage with the overlying property with all its rights apurtenances.

That the said premises forms part of a larger portion of land which was known as ‘tal-Balluta’ limits of St. Julians. The perpetual utile douminium of which property was acquired by a certain Dr Giuseppe Pace from the respondents Boothman by a deed in the records of Notary Giovanni Azzopardi, of the 7th November 1933 and 8th November 1933.

That in virtrue of another contract in the records of Notary Giovanni Azzopardi dated 9th November 1933, the said Dr Giuseppe Pace, granted by title of perpetual subemphyteusis a portion of the same land known as ‘tal-Balluta’ to a certain Paolo Micallef.

That subsequently the same Dr Giuseppe Pace transferred to the respondent Giuseppe Pace Asciak the perpetual sub directuum dominium of the same portion of the land known as ‘ tal-Balluta’ whiche he conceeded by title of sub-emphyteusis to Paolo Micallef.

That by means of a contract in the records of Notary Giovanni Carmelo Chapelle, dated 26th September 1938, Paolo Micallef transferred to a certain Emmanuele Azzopardi, the perpetual sub-utili dominiun and ameliorations of what is today the tenement with official number eighteen (18) above described.

That this annual and perpetual subgroundrent of (€9.32) necessarily includes also the original groundrent due to the respondents siblings Boothman, together with the annual and perpetual subgroundrent as due to the respondent Giuseppe Pace Asciak.

That subsequently the perpetual subutile dominium of the tenement above deescribed official number eighteen (18) as subject to the annual and perpetual subgroundrent of (€9.32) was transferred various times till it passed on to the interpellant.

That the interpellant wishes to avail herself of the faculty given to her by article 1501 of the Civil Code Cap. 16 of the Laws of Malta.

Thus the interpellant is calling upon this Honourable Court and under its Authority depositing the global amounbt of (€233.00) representing as for forty six Ewro and sixty cents (€46.60) representing arrears due for the lasst five (5) and subgroundrent due by the interpellant for the period which commenced from the 10th August 2010 and ends on the 10th August 2015, and as for (€186.40) representing the annual and perpetual subgroundrent burdening the property acquired by the interpellant as above described capitalised at 5% in order to be freely withdrawn by the respondents after the due receipt according to law is left.

Interpellant: 10/2, Għar il-Lenbi Street, Sliema.

Notify: 1) Director Publuic Registry, Valletta (two copies).

2) Land Registar, Casa Bolino, 116, Triq il-Punebnt, Valletta.

3) and 4) Deputy Curators.

5) and 6) Deputy Curators.

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 Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals