Court Notices published in the Government Gazette 20,143 of 01st March 2019

By a decree of the Small Claims Tribunal of the 14th November, 2018, 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).

Engineer Carmel Cuschieri (ID 661556M) practicing his profession as Camilleri and Cuschieri Consulting Engineers of Design Centre, Level 2, Triq it-Torri, Swatar, Birkirkara, filed a Claim on the 13th September, 2018, whereby they asked the Tribunal to condemn Portem Brew and Leisure Ventures Ltd (C 80837) of 59, Triq il-Mediterran, Pembroke, to pay the plaintiff the sum of €1,711 which amount is due to the plaintiff.

With interests

The case (Claim number 459/18FSJ) is deferred on the 11th March, 2019, at 1.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 20th February, 2019, following a request of Thomas and Anna spouses Cortis, it was ordered that deputy curators be chosen to represent the company Venille Company Limited in the records of the Appeal in the names Venille Company Limited, in the names Thomas and Anna spouses Cortis vs Venille Company Limited, Appeal 636/09/1 and in the other relative and subsequent acts.

By means of an Application filed in the Court of Appeal, Sworn App. Number 636/09 JGP Dec 12/3, in the names Thomas (ID 601658M) and Anna (ID 446066M) spouses Cortis vs Venille Company Ltd (C 17280) on the 20th March, 2014, the applicants Thomas and Anna spouses Cortis, respectfully pleaded:

1. That the parties signed a preliminary agreement on the 30th April, 2009, before Notary Dr Charles Mangion, whereby the defendant company promised to sell and the plaintiffs bound themselves to buy the following property:

Eight divided portions of airspsace intended for the construction of apartments internally numbered A2, A3, A5, A6 and A7, which portions are intended for two bedroom apartments, and the portions numbered B3, B4 and B7 which are intended for three bedroom apartments and are marked on the plan annexed with the preliminary agreement Doc. P and form part of the block of building known as Triumph Apartments, with common access in Upper Conversion Street, in Buġibba, as described in this application.

… omissis …

3. That this preliminary agreement lapsed on the 29th May, 2009.

… omissis …

5. That this preliminary agreement lapsed and notwithstanding that the defendant company was duly called upon to come forward to the final deed after the said preliminary agreement, it remained in default.

6. That due to this default on the part of the defendant, the plaintiff suffered damages as shall result during the hearing and pleading of this cause.

That the applicants humbly pray this Honourable First Hall Civil Court:

1. To order that the defendant company company comes forward to the final deed following the preliminary agreement dated 30th April, 2009, in the records of Notary Dr Charles Mangion, regarding the property above described;

2. Appoint a Notary Public to recieve the relative deed… omissis …

That by means of a judgement in the name premised on the 12th March, 2014, the First Hall Civil Court rejected the plaintiffs’ requests, with costs against them.

That the appellants felt aggrieved by this judgement and filed an appeal therefrom.

The First Grievance-  The term for the filing of the cause

That the Honourable First Court decided that the cause was filed lately and this because according to it the peremptory period of thirty days established in Article 1357(2) of Cap. 16 of the Laws of Malta lapsed.

… omissis …

That the Honourable First Court did not apply the provisions of Articles 108 and 109 of Cap. 12 of the Laws of Malta.

… omissis …

Thus, the appellants humbly pray that this Honourable Court erase, cancel and revoke the judgement in the names premised given by the First Hall Civil Court, by the Hon. Madam Justice Jacqueline Padovani Grima, on the 12th March, 2014, and consequently uphold the demands of the appellants and this with costs of both instances against the appellant company.

Respondent: Venille Company Ltd, El Shaddai, Triq il-Balaguer, Ħal Balzan

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 wises so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.

And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.

Given by the Court of Appeal abovementioned with the witness of the Hon. Chief Justice Joseph Azzopardi LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 19th February, 2019, 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(3) of the Code of Organization and Civil Procedure (Chapter 12).

That by an application filed by Joseph Lia (ID 791247M) on the 30th October, 2018, the said application is asking for the withdrawal of the amount of €14,651.76  deposited by schedule of deposit 1542/2018 filed in the acts of the garnishee order number 4636/96 in the names Joseph Lia (ID 791247M) vs Carmel Buttigieg (ID 13361M). The Court ordered the notification of the application to all the interested parties with a ten (10) day period for the reply.  

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By order of the First Hall Civil Court, in the records of the Application in the names Brincat Paul pro et noe et vs Borg Eliza Dr noe et, Application number 1159/18 TA, the following publication was ordered for the purposes of service in terms of Article 495(A) of Cap. 16 of the Laws of Malta.

By means of an Application, filed in the First Hall Civil Court, in the names Paul Brincat (ID 134749M) in his own name and as mandatary of the said Saviour Brincat (ID383052M) (income tax number 886236714), Marija Concetta Farrugia (ID 166750M) Josephine Debono (ID 170651M), Carmel Brincat (ID 831953M), all children of the deceased Maria Brincat née Zerafa, Carmel Barbara (ID 484054M), Madalena Suban (ID 425355M), John Barbara (ID 384057M), Maria Concetta Cauchi (ID 529461M), all children of the deceased Teresa Barbara née Zerafa; Saviour Zerafa (ID 112355M) in his own name and as procurator of his mother Stella Zerafa (ID 731930M) and Joseph Zerafa (ID 485062M), children of the deceased Oliver Zerafa; Maria Luisa Borg (ID 9570M) Jennifer Caruana (ID 66771M) children of the deceased Saviour Zerafa and Nicolina Zerafa; and Adriana Zerafa (ID 568957M) widow of Joseph Zerafa, Jeff Zerafa (ID 92488M), Nicole Rusell (English passport 464450740) children of the deceased Joseph Zerafa vs deputy curators to represent the absent Giuseppe Zerafa and the absent Enrico Zerafa, children of the late Carmela Zerafa and Emmanuele Zerafa, on the 22nd November, 2018, the applicants Paul Brincat (ID 134749M) and Saviour Zerafa (ID 112355M) respectfully pleaded and Paul Brincat and Joseph Zerafa confirmed by oath:

1. That the applicants, by inheritance from their ancestors, are the co-owners of the premises or rather house with number twenty-one (21) Saint Francis Alley, Ħaż-Żabbar and between them they possess three fifths (3/5) and namely 65%;

2. That originally these premises belonged to Emmnanuele and his wife Carmela Zerafa;

3. That from marriage Emmanuele and Carmela Zerafa had seven children: Elvira Zerafa, Concetta (married Piscopo) Cornelio Zerafa, Enrico Zerafa, Ettore Zerafa, Giuseppe Zerafa and Godfredo Zerafa.

4. That on the first day (1) of June of the year 1935, the father Emmanuele Zerafa died and by means of a will unica cata dated thirteenth (13) November 1933 (Enr. 3911/1933) in the records of Notary Dr Giovanni Vella (Doc. A) he left his share of one half undivided (1/2) of the said premises 21, Saint Francis Alley in Ħaż-Żabbar by title of prelegacy to his daughter Elvira Zerafa;

5. That subequently on the twenty-seventh day (27) of March of the year 1942, the mother Carmela Zerafa died and by means of a will unica carta dated thirteenth (13) of November 1933 (Enr. 3911/1933) in the records of Notary Doctor Giovanni Vella (Doc. A) she left her share of the remaining one half (1/2) of the said premises 21, Saint Francis Alley, in Ħaz-Żabbar by title of prelegacy to her daughter Elvira Zerafa;

6. That subsequently in the first day (1) of November of the year 1942, Elvira Zerafa, unmarried, died and by means of will dated twenty-eighht (28) of October, 1942 (Enr. 1858/1942) in the records of Notary Doctor Paul Pellegrini Petit and amended by another will in the records of the same Notary (Enr. 1859/1942) Doctor Paul Pellegrini Petit (Doc . C) left as her universal and absolute heirs of her estate (which included the said premises) to her sister Concetta wife of Salvatotre Piscopo;

7. That the said Concetta Piscopo died on the fifth of March, 1954, and according to testementary searches it resulted that the decujus, in her last will, made in the records of Notary Giovanni Chetcuti, dated fifeenth (15) of January of the year 1947 (Enr. 202/1947) and amended by another will in the records of the same Notary, dated eleventh (11) of June of the year 1952 (Enr. 2466/1952) (Doc. D and E) Concetta appointed and instituted as her universal heirs in equal shares between them her five (5) siblings Cornelius Zerafa, Enrico Zerafa, Ettore Zerafa, Godfredo and Giuseppe Zerafa with the vulgar substitution of their children in case they die before her, so that thus each one of the heirs, in equal shares between them, inherit one fifth (1/5) undivided share of the premises each;

8. That as results from the annexed document marked as Doc. F - Genealogical Tree, the inheritance of the family Zerafa devolved on the applicants who are the children or the nephews who eventually inheriterd the share due to their parents;

9. That Cornelius Zerafa, married with Concetta née Attard, died on the fourth (4) of February of the year 1978 and by means of a will unica carta dated third of July, 1953, in the records of Notary Doctor Paul Pullicino (Doc. G), Cornelius appointed and instituted as his universal and absolute heirs of all his estate in equal shares between them his two (2) children Maria (married Brincat) and Teresa (married Barbara);

10. That Maria Brincat died on the second day (2) of November of the year one thousand nine hundred and ninety-five (02.11.1995) and left a will in the records of Notary Doctor Paul Pullicino dated the third day of April of the year 1981 (Enr. 4334/1981) (Doc. H) and amongst all the provisions instituted and appointed as his universal heirs of all her estate her five children (5) in equal shares between them and namely Paul Brincat, Maria Concetta married Farrugia, Josephine married Debono, Saviour Brincat and Carmela Brincat;

11. That on the ninth of December of the year two thousand and five (09.12.2005) Teresa widow of Anthony Barbara died intestate (Doc. I) and thus her four children Carmel Barbara, Madalena, John Barbara and Maria Concetta married Cauchi inherited her in equal shares between them;

12. That on the seventeeth of October of the year one thousand nine hundred fifty-five (17.10.1955) Ettore Zerafa died in St James Hospital Balham, and subsequently his only daughter Mary Zerafa sold the share she inherited from her father (1/5) of the said premises to her uncle Godfrey Zerafa and this by means of a contract published by Notary Joseph Sciberras (Enr. 4725/19069) (hereby annexed and marked as Doc. J) dated sixteenth April of the year one thousand nine hundred and sixty-nine (16.04.1969) thus the portion of Godfredo in the said property became 2/5;

13. That Godfredo Zerafa died on the sixth of June of the year one thousand nine hundred and eighty-nine (06.06.1989) and according to a will published in the records of Notary Joseph Sciberras, on the second day of February of the year one thousand nine hundred and seventy-two (02.02.19721) (Doc. K) he apppointed and instituted as his universal heirs Saviour Zerafa and Oliver Zerafa as for his one half undivided share;

14. That Maria Stella Zerafa, widow of Godfrey Zerafa, died on the fourth day (4) of June of the year one thousand nine hundred ninety-eight (04.06.1998) and by means of a will in the records of Notary Joseph Scibberas, on the second day of February of the year one thousand nine hundred and seventy-two (02.02.1972) annexed and marked as Doc. K she appointed and instiututed as her universal heirs her two children Saviour Zerafa and Oliver Zerafa as for her one half undivided share;

15. That on the nineteenth of December of the year two thousand and ten (19.12.2010) Oliver Zerafa , one of the children of Godfrey and Maria Stella, died, and by means of a will of the twelfth of December of the year two thousand and nine (12.08.2009) in the records of Notary Doctor Rosella Sciberras left as his universal heir his wife Stella Zerafa, as for one fifth (1/5) undivided share from the premises;

16. That on the fourteenth of November of the year two thousand and three (14.11.2003) Saviour Zerafa died and by means of two wills, one unica charta in the records of Notary Doctor Paul Pullicino, dated twenty-seventh of November of the year one thousand nine hundred ninety-two (27.11.1992) and another published in the records of Notary Doctor Bartolomeo Micallef, dated fourteenth of October of the year two thousand (14.10.2000) hereby annexed and marked as Doc. M amongst the dispositions he left and instituted as his universal heirs his three children, Marie Louise married Borg, Jennifer married Caruana and Joseph Zerfaa with the right of usufruct to his wife Nikolina Zerafa;

17. That on the twenty-seventh of August of the year two thousand and eight (27.08.2008) Joseph Zerafa, son of Saviour, died intestate and his share in the premises 1/15 (6.67%) devolved, as to one half undivided share on his wife Andreanna Zerafa, whilst the remaining one half undivided (1/2) other share devolved on his other five children of the decujus, in equal shares between them, and namely James Zerafa (ID 224584M), Natasha Ennaji (ID 545986M), Jeffrey Zerafa (ID 92488M), Tara Ennaj (ID 431695M) and Nicole Russell née Greener (English Passport no. 464450740M) which declaration causa mortis of the said Joseph Zerafa has not yet come in force and this because the heirs do not have the necessary money to pay the publication of the causa mortis;

18. That from the fifteenth of June of the year two thousand and eighteen (15.06.2018) by deed, in the records of Notary Doctor Paul George Pisani, three of his children, James Zerafa, Natasha Ennaji and Tara Ennaji, renounced to the inheritance of their father, the said Joseph Zerafa, this in terms of article 860 of the Civil Code (Cap. 16) of the Laws of Malta and this as indicated by the document annexed and marked as Doc. N;

19. That this premises have been kept in common between the present parties from when Concetta Zerafa died and namely from the fifth (5) of March of the year 1954 and thus more than three years;

20. That the applicants possess together a quota of 60% (3/5) and this as results from Doc. O annexed which is a prospect of shares;

21. That all the applicants agree (Declaration Doc. U) that the property is to be sold and agreed also as regards the modalities and the price as results from the preliminary agreement dated twenty-ninth (29) of March, 2017, hereby annexed and marked as Doc. P;

22. That the remaining quota of 2/5 and namely zero point forty per cent (40%) belong to the defendants Enrico Zerafa known as Henry Smith (20%) and Giuseppe Zerafa (20%) and this as appears from the Prospect annexed and marked as Doc. O;

23. That the applicants do not have information as to who did the share of Enrico Zerafa known as Henry Smith devolved and nor as regards Giuseppe Zerafa, searches Doc. Q and Doc. R were made and they do not know what happened to them and this because they went to reside abroad and also the applicants much less are not aware who are their relatives and thus it is necessary that curators be appointed for these unknown persons to represent the same absentees;

24. That thus, contextually with this application, there is being filed an application for the appointment of curators to represent the interests which they may have for the share of Enrico Zerafa known as Henry Smith and Giuseppe Zerafa in the quota of 1/5 (20%) each one;

25. That it is necessary also that the same curators be authorised to make the declaration causa mortis according to law regarding the sale of the property above mentioned because this has not yet been made by the same unknown heirs so that thus the sale could be made;

26. That however in order that the sale be held it is necessary also that the heirs of the deceased Joseph Zerafa son of the late Saviour and Nicolina Zerafa make the declaration causa mortis;

27. That this sale is not of prejudice to the unknown heirs of Enrico Zerafa and Giuseppe Zerafa, since the price is according to the market and the interpellants declare and Paul Brincat and Saviour Zerafa by their oath confirm that they do not know where they are to be found, whether they exist, the same heirs of Enrico Zerafa and Giuseppe Zerafa, as well as the interpellants knew that no prospective purchaser was going to buy an undivided part of the premises;

28. That the shares of property and origin of root of title were prepared by the legal consultant of the applicants and Notary Emily Zarb, which searches are available to every interested party according to the Court direction;

29. That the applicants pleaded that no-one of the owners commenced proceedings before a Court or other tribunal for the partition of the said property which is being held in common;

30. That the interpellants obtained a valuation and the Energy Performance Certifcate of the property in question and this from Architect Joseph Cassar a copy of which is being hereby annexed and marked as Doc. S.

Thus, in the light of the above the interpellants respectfully pray that this Honourable Court:

1. Order and authorise the sale of all the shares,including the 1/5 undivided share of the unknown heirs of Enrico Zerafa and the 1/5 undivided share of the unknown heirs of Giuseppe Zerafa for the price and conditions found in the preliminary agreements annexed as Doc. P and/or under any other conditions that this Court deems fit to impose;

2. Appoint Deputy Curators to represent the unknown heirs of Enrico Zerafa and Giuseppe Zerafa regarding 1/5 + 1/5 undivided share of 21, St Francis Alley, Ħaż-Żabbar and to sign on behalf of the same unknown heirs the declaration causa mortis regarding the undivided share of the same Enrico Zerafa and Giuseppe Zerafa have from the premises mentioned;

3. Order the heirs of Joseph Zerafa to come forward to the publication causa mortis and the granting of the possession of the property above mentioned;

4. Establish a day, time and place for the publication of the opportune notarial acts;

5. Appoint Notary Emily Zarb to publish the opportune deed of transfer;

6. Order that the costs of the cause be partitioned by the parties according to the share of each one of the property before the proceeds are divided according to the share of each of the parties.

Saving any other provision that this Honourable Court deems fit and opportune.

List of Witnesses:

1. The applicants to confirm the facts declared

2. The Notary to give evidence regarding the searches made

3. The Director for Tax

4. Architect Joseph Cassar

5. Defendants so that a reference to their evidence be made

6. Purchaser Gilmore Bugeja

List of Documents:

Doc. A: Will of Emmanuele Zerafa

Doc, B: Will of Carmela Zerafa

Doc. C:  Two Wills of Elvira Zerafa

Doc. D: Will of Concetta Piscopo

Doc. E: Will of Concetta Piscopo 

Doc. F: Genealogiocal tree of Family Zerafa

Doc. G: Will of Cornelius Zerafa

Doc. H: Will of Maria Brincat

Doc. I: Searches of Teresa Barbara

Doc. J: Sale of share by Ettore Zerafaa to Godfrey Zerafa

Doc. K: Will of Godfrey Zerafa and Maria Stella Zerafa

Doc: L: Will of Oliver Zerafa

Doc. M: Will of Saviour Zerafa and Mary née Vella

Doc. N:  Sale of undivided share of Joserph Zerafa James, Natasha and Tara

Doc. O: Prospect of Shares

Doc. P: Preliminary agreement dated 29th March, 2017

Doc. Q: Searches of Enrico Zerafa

Doc. R: Searches of Giuseppe Zerafa

Doc. S: Valuation and EPC of Architect Cassar

Doc. T: Power of Attorney of Saviour Brincat in favour of Paul Brincat

Doc. U: Declaration of the plaintiffs

Service:

Defendants: 

Deputy Curators to represent the absent heirs of Enrico Zerafa and Giuseppe Zerafa

Applicants:

Paul Brincat, Dieoase, Triq Giuseppi Montebello, Ħal Tarxien 

Saviour Zerafa, Malagra, 122, Flat 2, Triq Hompesch, Fgura 

Marija Concetta Farrugia, 9, Triq Maitland, Ħamrun

Josephine Debono, Joserich, Triq Giuseppi Montebello, Ħal Tarxien

Saviour Brincat, 2, Maxfield Court Broadfor, Victoria, Australia

Carmelo Brincat, Nivana, Triq Ta’ Marmora, San Ġwann

Carmel Barbara, 33, Notre Reve, Triq l-Alfier de Medran, Ħal Tarxien

Madalena Suban, 10, Trejqet Francesco Chircop, Kalkara

John Barbara, 7, Triq Dwardu, Cospicua

Maria Concetta Cauchi, 259, Triq San Gejtanu, Ħamrun

Stella Zerafa, St Vincent de Paula, Ħal Luqa

Saviour Zerafa

Joseph Zerafa, 83, Carmen Flats, Block A, Flat 5, Triq Mater Boni Consigli, Fgura

Adreana Zerafa

Nicole Russell (Greener) (British passport 464450740)

Jeffrey Zerafa, Flat 6b, Liliana Block B, Triq Ġilju, St Paul’s Bay

Maria Luisa Borg (ID 9570M) 

Jennifer Caruana, Block 3, Flat3, Yacht Marina Apartments, Triq Marina, Tal-Pietà

The Application in the names Brincat Paul pro et noe et vs Borg Eliza Dr noe, application number 1159/18 TA, has been deferred for hearing to the 18th March, 2019, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 16th November, 2018, in the records of the Application in the names Abela Mark vs Dalli Golden Susan, Application number 478/18 JPG, the following publication was ordered for the purpose of service of the respondent Susan Dalli Golden, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names Mark Abela (ID 0346869M) vs Susan Dalli Golden (ID 0463369M) on the 26th October, 2018, the applicant Mark Abela (ID 0346869M) asked this Honourable Court:

1. To pronounce the dissolution of marriage between the parties and uphold the other demands in the application.

The application in the names Abela Mark vs Dalli Golden Susan, Application number 478/18 JPG, has been deferred for hearing to Wednesday, 13th March, 2019, at 9.15 a.m.

Applicant: 37, Desiree, Triq Victor Denaro, Msida

Respondent: 14, Palmyra, Triq Żarenu Dalli, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals