Court Notices published in Govt. Gazette No. 20,022 of 6th July 2018

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 21st day of June, 2018, and this after a written plea numbered 95/18, Ordered:

The correction of the Act of Death of Filippo Bonnici, bearing number 1604 of the year 2018, in the column entitled ‘Cause, place and time of death and place of burial’, the date ‘Mon. 30 April 2018’ is to be removed and substituted with the correct date ‘Friday, 27 April 2018’.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 21st day of June, 2018, and this after a written plea numbered 94/18, Ordered:

The correction of the Act of Death of Carmela Vella, bearing number 189 of the year 1927, in the column entitled ‘Name and surname of parents, and whether living or dead’, the surname ‘Buhagiar’ is to be cancelled and substituted with the correct surname ‘Borg’; and

The correction of the Act of Birth of Carmela Barbara bearing number 7865 of the year 1927, in the column entitled ‘Name and surname of the father, and if alive or dead’, the incorrect surname ‘Buhagiar’ is to be cancelled and substituted with the correct surname ‘Borg’.

Court of Revision of Notarial Acts

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 21st of June 2018, and this after a written plea numbered 90/2018, Ordered:

The correction of the Act of Birth of Mario Christina, bearing number 7404 of the year 1957, under the column entitled ‘Particulars respecting the father of the child – The mother’ and ‘Name and surname of the father, and whether living or dead’ the misspelt surname ‘Christina’ is to be removed and substituted with the correct surname ‘Cristina’, and this wherever it occurs.

JANET CALLEJA

F/Registrar, Court of Revision of Notarial Acts

By means of a decree given, by the Civil Court (Family Section) on the 6th June, 2018, in the records of the Sworn Application in the names Falzon Mark noe vs Decelis Claudia, Application number 89/18 AL, the following publication was ordered for the purpose of service of the respondent Claudia Decelis, in terms of Article187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Mark Falzon (ID 112372M) in his own name and on behalf of the minors … omissis … and … omissis … (ID 0445396M) vs Claudia Decelis (ID 46873M) on the 12 th April, 2018, the applicant Mark Falzon pro et noe respectfully pleaded and asked:

1. That Mark Falzon and the defendant separated by means of a contract in the records of Notary Dr Jean Carl Debono, of the 27th June, 2014;

That in the said contract the parties agreed and decided that according to the expressed wish of the children the applicant was vested with the care and custody of the two minor children;

That it had been ageed that the defendant had two maintain their two children;

That the interpellants wish to avail themselves of clause VI of the contract of separation and ask that the maintenance due by the defendant be increased.

Thus, the applicants humbly ask this Honourable Court for the reasons premised,

1. To modify the maintenance due by the defendant by increasing the maintenance due by Claudia Decelis, for the children siblings Falzon, to a more realistic sum, so that it covers the share of the defendant from the health and educational expenses of the same children;

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

Applicant: Country View, Triq Sriedaq, Mosta

Defendant: c/o Lisbon House, Vjal in-Naspli, San Ġwann

The Sworn Application in the names Falzon Mark noe vs Decelis Claudia, Application number 89/18 AL, was deferred for hearing to Thursday, 22nd November, 2018, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Sworn Application number: 34/2018

Application in terms of Article 495A of the Civil Code

Rosa wife of Anthony Said, identity card number 29953G;

Kruċifissa widow of Joseph Muscat, identity card number 85640G;

Martin Muscat, identity card number 67644G as mandatory of Michaelina widow of Saviour Attard - British passport number 503 901 035;

Muscat Blasio, identity card number 22480G;

Antonella Vassallo, identity card number 1583G;

Sharon Muscat and Paul Muscat, identity card number 437293M and 433693M;

Anthony Said, identity card number 50047G;

Mark Vassallo, identity card number 23978G

vs

Dr. Jean Paul Grech whom by decree dated 5th June 2018 was nominated Deputy Curator to represent Joseph Muscat and Helen widow Muscat, along with her children Paul Muscat, Mario Muscat, Charles Muscat, Angela Muscat and Andrea Muscat who live abroad.

Application of Rosa wife of Anthony Said, identity card number 29953G, Kruċifissa widow of Joseph Muscat, identity card number 85640G, Martin Muscat, identity card number 67644G as mandatory of Michaelina widow of Saviour Attard – British passport number 503901035, Blasio Muscat, identity card number 22480G; Antonella Vassallo, identity card number 1583G; Sharon Muscat and Paul Muscat, identity card number 437293M and 433693M; Anthony Said, identity card number 50047G; and Mark Vassallo, identity card number 23978G.

Respectfully submit and the said Rosa Said who confirms on oath declares that she knows the facts personally:

1. That this present application relates to the following property:

a. The house in a dilapidated state numbered one hundred and eight (108), Triq San Blas, Nadur, Gozo, with a garage and land annexed to it with a spring, everything as better shown on the attached site plan hereby attached and marked as Document ‘A’;

b. Portion of land in the area known as 'Ta’ Prejna' within the limits of Nadur, Gozo, measuring approximately four hundred and sixty-one square meters (461sq.m.) with a well in it, bounded by the east with Triq Wied Binġemma, west with property owned by the heirs of Pupul Muscat, and north bounded with the property owned by Ġanni Camilleri, better shown on the attached site plan hereby attached and marked as Document ‘B’;

c. Portion of land known as 'Ta' Wied Binġemma' or 'Tal-Konfettier' having a superficial area of approximately two hundred and thirty-six point seven square meters (236.7sq.m.) bounded north by the property owned by the heirs of Dr Michael Grech, west with Triq Wied Binġemma, and south with property owned by the heirs of Paul Cefai including a well which does not contain water, better shown on the attached document hereby attached and marked as Document ‘C’;

d. Portion of land known as "Tal-Konfettier" within the limits of Nadur, Gozo, measuring about six hundred and ten square meters (610sq.m) bounded on the east with property owned by Abela’s family, west bounded partly with the property owned by the families Muscat and Said, north with the property owned by the Muscat family, better shown on the attached document hereby attached and marked document ‘D’;

2. That originally these properties were all owned by Pawlu Muscat, who died on the nine (9th) May one thousand nine hundred and ninety-one (1991) and his wife Carmela Muscat, who died on the twenty first (21st) February one thousand nine hundred and seventy one (1971);

3. That Carmela Muscat died intestate and therefore was inherited by her seven children: Kruċifissa wife of Joseph Muscat, Joseph Muscat, Peter Muscat, Mikelina wife of Saviour Attard, Martin Muscat, Anthony Muscat, and Rose wife of Anthony Said, therefore they inherited an undivided share of one-fourteenth (1/14) each;

4. That Paul Muscat regulated his succession by a will in the acts of Notary by virtue of which he left by title of prelegacy to his son Martin Muscat the share pertaining to him, namely the half undivided shares of the house described in paragraph 1a above whilst he nominated as universal heirs his seven children above mentioned;

5. That by virtue of a contract in the records of Notary Maria Vella Magro of thirty (30th) October two thousand and seventeen (2017), Carmelo Muscat transferred by title of donation to his children Paul Muscat and Sharon Muscat all his share of the immovable properties described above;

6. That by virtue of a contract in the acts of Notary Maria Vella Magro of tenth (10th) November two thousand and seventeen (2017), Martin Muscat transferred by title of donation to his two children Blasio Muscat and Antonella wife of Mark Vassallo all his share which he had in the immovable properties described above;

7. That by virtue of a promise of sale signed before Notary Maria Vella Magro on tenth (10th) November two thousand and seventeen (2017), the applicants Rose Said, Kruċifissa Muscat, Michaelina Attard, Sharon Muscat and Paul Muscat obliged themselves to sell to the applicants Blasio Muscat, and Antonella Vassallo the share pertaining to them from the property described in paragraph 1a above and this for the price based on the fact that the whole property was valued at four hundred thousand euro (€400,000);

8. That by virtue of a promise of sale signed before a Notary Maria Vella Magro on the tenth (10th) of November two thousand and seventeen (2017), the applicant Rose Said, Kruċifissa Muscat, Michaelina Attard, Blasio Muscat, and Antonella Vassallo obliged themselves to sell to Sharon Muscat and Paul Muscat their share pertaining to them land situated in the area known as ‘Ta’ Prejna’ described in paragraph 1b above and this for the price based on the fact that the whole plot of land was valued at one thousand two hundred euro (€1,200);

9. That by virtue of a promise of sale before Notary Maria Vella Magro on the tenth (10th) of November two thousand and seventeen (2017), the applicants, Kruċifissa Muscat, Michaelina Attard, Blasio Muscat, and Antonella Vassallo, Sharon Muscat and Paul Muscat obliged themselves to sell to the applicants Rose Said and Anthony Said their share of the property pertaining to them of the plot of lands situated in the area known as ‘Ta’ Wied Bingemma’ sive ‘Tal-Konfettier’ described in paragraph 1c above and this for the price based on the fact that the whole plot of land was valued at one thousand euro (€1,000);

10. That by virtue of a promise of sale before Notary Maria Vella Magro on the tenth (10th) of November two thousand and seventeen (2017), the applicant Rose Said, Kruċifissa Muscat, Michaelina Attard, Blasio Muscat, and Sharon Muscat and Paul Muscat obliged themselces to sell to the applicants Antonella Vassallo and Mark Vassallo the share them pertaining to them on the plot of land situated in the area known as ‘Tal-Konfettier’ described in paragraph 1b above and this for the price based on the fact that the whole plot of land was valued at one thousand five hundred euro (€1,500);

11. That these promises of sales have been duly registered with the Inland Revenue with reference PS201714502, PS201714506, PS201714509, and PS201714507 respectively;

12. That the applicants believe that these prices are all very advantageous considering the size of these properties, and the state in which the building described in paragraph 1a above is at the moment, as well as location of each of these properties, and all the circumstances related to these properties as it results from the sworn estimates prepared by the architect Cornelia Tabone annexed hereto;

13. That the applicants have for a long time been trying to get in touch with the respondents and have sent them a letter so that they participate in the division or sale of these properties, but none of the respondents ever answered.

Therefore, the applicants ask with the respect that this Honourable Court, saving the publication of this application in the Government Gazette and other local newspaper in terms of article 495A of the Chapter. 16:

1) Declares that the price and the conditions originally proposed for the sale of shares of the applicants of all property described above are fair and appropriate and that the same price and conditions shall apply to sale of the shares of the properties owned by the respondents;

2) Approves the proposed sale, and orders the that the contracts of sale are finalized even in regard to the shares pertaining to the said respondents on a day, time and place to be set and therefore appoints Notary Maria Vella Magro to publish the deed of sale, with the intervention of deputy curators to represent eventual defaulters on the act and therefore:

i) All other co-owners sell to Blasio Muscat, and Antonella Vassallo their share of the property described in paragraph 1a above and this for the price based on the fact that the whole property was valued at four hundred thousand euro (€400,000),

ii) All the co-owners to sell to Sharon Muscat and Paul Muscat the share pertaining to them of the land situated in the area known as ‘Tal-Prejna’ described in paragraph 1b above and this for the price based on the fact that the whole plot of land was valued at one thousand two hundred euro (€1,200),

iii) All the co-owners to sell to the applicants Rose Said and Anthony Said the share of the property pertaining to them on the land known as ‘Ta’ Wied Binġemma’ sive ‘Tal-Konfettier’ described in paragraph 1c above and this for the price based on the fact that the whole plot of land was valued at one thousand euro (€1,000),

iv) All the co-owners to sell to Antonella Vassallo and Mark Vassallo the share pertaining to them on the land known as ‘Tal-Konfettier’ described in paragraph 1b above and and this for the price based on the fact that the whole plot of land was valued at one thousand five hundred euro (€1,500);

With all costs against you

The application is appointed for hearing for Wednesday 7th November, 2018 

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Sworn Application number: 49/2018

Application in terms of Article 495A of the Civil Code

Joseph u Carmen spouses Cauchi, identity card number 15647G and 67259G; Lunzjata sive Nancy wife of George Galea, identity card number 95347G, both in her name and as mandatory of her siblings who are abroad Josephine wife of Moses Zammit and Joseph Caruana; and Denise spinster Cauchi, identity card number 15587G

vs

Angelo Cauchi, 55, Triq Trux, Għarb

Josephine Cassar, Rayjos House, Triq Qasam San Ġorġ, Ta’ Kerċem

Maria Grech, 24, Triq tal-Virtù, Għarb

Application of Joseph Cauchi et

Humbly submits and on oath Carmen Cauchi confirms:

1. That this present application relates to the following property: the temporary utile dominium which runs until the fifteenth (15) August two thousand and twenty (2025) on a portion of land known as ‘Tal-Mongur’ within the limits of Għarb, Gozo, measuring about four hundred and twelve square meters (412 sq.m.) bordering the west with Mongur Street, north with the property of the heirs of Giuseppi Axiak, and south with the property of Joseph Camenzuli as subject to the payment of annual and temporary rent of one pound two shillings and eight pence, equivalent today to two euros and sixty two cents (€2.62c) as shown better on the site plan hereby attached and marked Doc. A;

2. That this property was originally acquired by title of temporary emphyteusis for ninety-nine (99) years by Angelo Cauchi (grandfather of all parties in the application exception of Denise Cauchi) by virtue of a contract in the acts of Notary Giuseppe Grech of twelfth (12th) September one thousand nine hundred and twenty (1926);

3. That the mentioned Angelo Cauchi died and regulated his succession by virtue of a will in the acts of Notary Francesco Gauci of the nineteenth (19) of June one thousand nine hundred forty-seven (1947) whereby he nominated as his universal heirs his seven (7) children Joseph, Ġiakkinu, Karmnu, Teresa wife of Karmnu Caruana, Maria, Karmela and Annunziata in equal shares between them;

4. His wife Ġużeppa née Mizzi predeceased him, intestate, and therefore she was inherited by her seven children ex lege; 

5. By virtue of a contract in the acts of Notary Joseph Spiteri of the twenty third (23rd) April one thousand nine hundred seventy-seven (1977), Giusepp Cauchi transferred his share he had in this land to four (4) of his siblings Carmelo Cauchi, Carmela Cauchi, Anna sive Annunziata Cauchi, and Maria Cauchi.

6. Carmela spinster Cauchi died on the seventh (7th) of October one thousand nine hundred and eighty (1980) and regulated her succession by a will in the acts of Notary Antonio Galea of the ninth (9th) of October one thousand nine hundred and sixty-nine (1969) by virtue of which she left as universal heirs her siblings Carmelo, Maria and Anna; 

7. Ġiakkinu sive Jack Cauchi died on the twenty ninth (29) of September one thousand nine hundred and eighty-seven (1987), intestate, and therefore the four children, Angelo, Maria wife of Mario Grech, Josephine today wife of Raymond Cassar, (the three respondents) and Carmela sive Carmen wife of Guzepp Cauchi the plaintiff inherited ex lege;

8. Thereża Caruana died on the twelvth (12) of March one thousand nine hundred and eighty-four (1984) and was inherited by her three children Lunzjata wife of George Galea, Josephine wife of Moses Zammit and Joseph Caruana, the plaintiff; 

9. Annunziata sive Anna Cauchi died on the twenty fourth (24) of January of the year one thousand nine hundred and ninty nine (1999) and regulated her succession by virtue of a will in the acts of Notary Paul George Pisani dated the thirty first of January of the year one thousand nine hundred and ninety-two (1992) by virtue of the nominated her heirs her siblings Carmelo and Maria Cauchi;

10. Carmelo Cauchi died on the nineteenth (19) of November of the year one thousand nine hundred and ninety-nine (1999) and regulated his will by virtue of a will in the acts of Notary Paul George Pisani of the thirty first (31) of January of year one thousand nine hundred and ninety-two by virtue of which he nominated as heirs his siblings Annunziata and Maria Cauchi with the right of accretion among them. Since Annunziata died before Carmelo, Maria inherited all the shares of her siblings that his four on seven (4/7) undivided share;

11. Maria Cauchi died on the thirteenth (13) of August of the year two thousand (2000) and regulated her succession by virtue of a will in the acts of Notary Paul George Pisani of the thirty first (31st) of January of the year one thousand nine hundred and ninty two (1992) and since her other siblings Annunziata and Carmelo predeceased her, nominated as her heirs the plaintiffs Carmen and Joseph spouses Cauchi;

12. That therefore today, the respondents have the share of one fourth of one on sevenths (1/4 of 1/7) each;

13. That Joseph and Carmen Cauchi would like to transfer their share of the temporary utile dominium, that expires on 15th of August 2025, on this land to their daughter Denise Cauchi for the prices of fifty thousand Euro (€50,000) for the whole and that is thirty-seven thousand and five hundred euro (€37,500) for their share, and they believe that this value is just;

14. That the plaintiff Lunzjata Galea in her name and on behalf of her siblings accepted the proposal put forward by spouses Cauchi;

15. That the defendants will not suffer any prejudice if this transfer is finalized, since they have no interest other than that of hindering Denise Cauchi the opportunity to acquire this utile dominium and they never showed the slightest interest in the plot of land.

Therefore, the plaintiffs humbly ask this Honourable Court saving the publication of this application on the Government Gazette and other local newspapers in terms of article 495A of Cap. 16:

1) declares that the price proposed value for the transfer of shares to the applicants their daughter Denise Cauchi is fair and appropriate and that the same value and conditions shall apply to quotas vested by respondents in the property, that is a quarter part of one seventh part (1/4, 1/7) for each of the three respondents, in which case the value of the shares owned by the defendants shall be paid in its entirety on the publication of the transfer contract;

2) approves the proposed transfer, and orders the publication of the deed of sale which concerns the quota pertaining to the said respondents Anglu Cauchi, Josephine Cassar and Maria Grech, on the day, time and place to be set and appoints Notary Dr Joanne Cauchi to publish the deed of sale, with the intervention of deputy curators to represent the eventual defaulters on the act;

3) alternatively, and only event that this Honourable Court comes to a different conclusion, and under Article 495 (9) of the Code, order the sale by licitation of the whole of this whole land.

The application is appointed for hearing for Thursday 8th November 2018 

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 21st May, 2018, on the application of Suban Theresa (ID 295040M) et, Thursday, 20th September, 2018, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction to be held on the first Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

Field known as ‘Ta Buqana’, limits of Rabat valued in an agricultural zone outside the development zone valued twenty-two thousand and one hundred euro (€22,100).

The said tenement is the property of Schembri Mario et.

N.B. The said tenement will be sold as described in the acts of judicial sales number 22/2017.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

DKR 91/2018 – New Freezing Order

It is being notified that by a decree dated 2nd July, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD), Compilation Number 357/2018 in the case: 

The Police 

(Inspector Chantelle Casha)

(Inspector Shawn Pawney)

Versus:

Miriam Caruana, 33 years, chambermaid, daughter of Sally (Salvina) née Caruana, born in Tal-Pietà, Malta, on the 20th November, 1983, residing at number 35, Triq il-Gendus Street, Valletta, Malta, and holder of Maltese identity card bearing number 14784M.

Ali Mohammed Hassan, 33 years, plasterer, son of the both late Mohammed and Fathija née Abdalla, born in Palestina, on the 10th October 1984, residing at number 35, Triq il-Gendus, Valletta, Malta, and holder of Maltese identity card bearing number 46834A.

Ordred the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Miriam Caruana and Ali Mohammed Hassan and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta.

The Court Authorised the said accused to continue to receive as salary and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six Euros and twenty-four cents (€13,976.24c) per year after the accused indicate with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment. 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH. SCIENCE, DIP. MGMT STUD., DIP.NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 26th day of June, 2018, and this after a written plea numbered 75/2018, Ordered:

The correction of the Act of Birth of Rita Catherine Mangion, bearing number 6777 of the year 1960, Act of Birth bearing number 5165 of the year 1987, Act of Birth bearing number 81 of the year 1989, Act of Birth bearing number 1168 of the year 1991, Act of Birth bearing number 278 of the year 1994, and Act of Marriage bearing number 2321 of the year 1986, wherever the name ‘Rita Catherine’ appears, this is to be removed and substituted with the correct name ‘RitaCatherine’.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts