Court Notices published in the Government Gazette 20,162 of 5 April 2019

By means of a decree given by the Constitutional Court on the 11th September, 2018, in the records of the Application in the names Josephine Azzopardi pro et noe vs Hon Prime Minister et, Application Number 6/2015/1, the following publication was ordered for the purpose of service of the respondent Joseph Bonett, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Appeal Application filed in the Constitutional Application, Number 6/2015, Josephine Azzopardi in her own name and as mandatary of the absentee Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis and by decree of this Court of the 1st June, 2016 , the records of the cause were transferred in the name of Greta Bartolo Parnis, vs the Honourable Prime Minister, the Ministerfor Justice, Culture and Local Government, the Attorney General and Joseph Bonett, on the 20th March, 2018, the appellant Attorney General, respectfully pleaded:

That by means of a constitutional application before the First Hall Civil Court (Constitutional Jurisdiction) in the names and number premised the applicant premised the following:

1. That the plaintiffs are the owners of a block of 38 apartments known as St Julian’s Court, in Triq is-Sur Fons, St Julian’s. By deed of the 14th June, 1957, published by Notary Paul Pullicino, the predecessor of the plaintiffs Architect Joseph Barbara and Advocate Joseph Ferdinand Cassar Galea, granted the said building by temporary subemphyteusis for 45 years to the English Admirality which lapsed on the 13th June, 2002.

2. That by deed of the 5th December, 1977, the Government of Malta acquired the said block of building and afterwards passed on its administration to the company Holiday Services Co. Ltd. Eventually the apartments mentioned amongst which that with number 29 in Block C were transferred to Maltese citizens, by title of temporary subemphyteusis for the remaining period of 45 years of the subemphyteutical concession of the 14th June, 1957.

… omissis …

4. That by means of a judicial letter of the 20 June, 2006, the applicants called upon the respondent Joseph Bonett in order to release the apartment number 29 in Block C in view of the lapse of the temporary emphyteusis but he continued to occupy the premises without a title at law.

5. That some time after there was passed through Parliament Act Number XV111 of 2007, which introduced in the Housing Decontrol Ordinance (Cap. 158 of the Laws of Malta) Article 12 A and in virtue of its retrospective effect, the respondent Bonett had the right to continue to occupy the residential home under a lease from the person who is the holder of the emphyteuysis or preeceeding subemphyteusis.

6. That according to Article 12A mentioned the only compensation due to the applicant is that of the groundrent previously paid increased according to the costs of living index not exceeding double.

7. That thus the plaintiffs were deprived from taking back the vacant possession and real enjoyment of their property even after the expiration of the temporary subemphyteusis mentioned.

… omissis …

9. That the applicants were confronted with an ad hoc law which was passed purposely in order to deprive them from that which according to the preceeding law was their right to free and property vacant from third parties and this by paralysing the applicant’s rights.

10. That by means of a judgement dated 28th November, 2011, in the names AIC Joseph Barbara et vs the Hon. Prime Minister et (65/2007) which cause referred to another apartment in the same block above referred to this Honourable Court decided the application by upholding the applicant’s demand and declared that Article 12 of the Housing Decontrol Ordinance (Cap. 158) violated the applicant’s right to enjoyment of apartment number 51, St Julian’s Court, Triq is-Sur Fons, St Julian’s as protected by Article 1 of the First Protocol of the European Convention and declared that Article 12A of Cap. 158 should not apply in regard to the applicant.

11. That this judgement was eventually confirmed by the Constitutional Court by means of its judgement in the same names dated 31st January, 2014, and by means of a judgement dated 13th January, 2015.

Thus, the applicant asked the Court:

i) To declare that by means of the facts above exposed there were violated the applicant’s rights to property, non-discrimination and fair hearing and this as protected both by the Articles of the European Convention Art 6 and 14 of the Convention and/or Art. 1 of the First Protocol of the same as well as the Constitution of Malta (Articles 38, 39 and/or 45).

ii) Given all the opportune and effective remedies including if it be necessary that there by declared null and inapplicable in the case in question, the law, including Art 12A of Cap. 158 of the Laws of Malta ‘in parte’ or ‘in toto’.

With interests and costs of this procedure against the same respondents or either of them from now summoned so that a reference to their evidence be made.

That the Honourable Prime Minister, Minister for Culture and Justice and the Attorney General, in their reply pleaded the following:

That the grievance of the applicants is in the sense that with the application of Article 12A of the Housing Decontrol Ordinance (Cap. 158 of the Laws of Malta) allegedly violates the right to property, to non-discrimination and fair hearing and this as protected both by the Articles of the European Convention (Art. 6, 14 of the Convention and/or Art. 1 of the same Protocol, of the same) as well as the Constitution of Malta) namely Article 38, 39 and/or 45) respectively.

That the interpellants context the allegations and claims of the applicants since they are all unfounded in fact and at law.

1. That in the first place the interpellant Prime Minister and Minister for Culture and Justice are not the legitimate defendants in terms of Article 181B of the Laws of Malta.

2. That in the first place as well the applicants are to bring forward the proof of their title relative to the apartment 29 in Block C, St Julian’s Court, Triq is-Sur Fons, St Julian’s.

3. That in the first place as well the applicants cannot invoke the anti-constitutionality and/or the anti-conventionality of Article 12A of Cap. 158 of the Laws of Malta and this since the grantors of the concession never objected to the conversion into lease in favour of Joseph Bonett.

… omissis …

5. That without prejudice to the above, up to where the applicant’s complaint is based on the First Article of the First Protocol of the European Convention, the interpellants point out that according to the proviso of this same Article, the state has every right to enact those laws it deems fit to control the use of property according to the general interest.

… omissis …

Thus, when one considers that this Article was purposely made with the intention that the Government impliments the social and economic policy in the housing sector, the interpellants do not see that Article 12 A is to be considered as violating human rights as safeguarded by the European Convention.

… omissis …

8. That when one comes to measure the proportionality there is also to be considered the lease protection under Article 12A of Cap. 158 of the Laws of Malta, is not perpetual as well as all the repairs which effect the premises are to be borne only by the occupier and not the owner.

… omissis …

11. That as regards Article 6 of the Convention and Article 39 of the Constitution, the interpellants submit that these Articles provide for procedural guarantees and in no part of the original application do we find any mention that these Articles were violated.

12. That as regards Article 14 of the Convention, Article 45 of the Constitution and namely the complaint built on the alleged discrimination, the interpellant submits that the applicants did not indicate on which grounds or state they were allegedly discriminated.

… omissis …

13. That always without prejudice and only for the sake of argument granted but not conceded that the rights of the applicants safeguarded by Articles 38 and/or 39 and 45 of the Constitution of Malta and/or Articles 6 and 14 and/or the First Article of the First Protocol of the European Convention of Human Rights, the interpellants submit that the remedies demanded by the applicant are not justified.

… omissis …

That the respondent Joseph Bonett by his reply pleaded the following:

That in the first place the applicant Azzopardi Josephine is to prove that she has the mandate of the absent Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis as well as because Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis were not in Malta on the date of the 20th January, 2015, when the procedures were filed.

That furthermore and without prejudice to the premised their demands are to be rejected and this for the following reasons:

1) That it is not the case that on the expiration of the temporary emphyteusis the block oif building together with the ameliorations reverted to the owners on the 13th June, 2002, and this since the interpellant’s premises was occupied by him by a valid title at law, which right results from Cap. 158 of the Laws of Malta.

… omissis …

2) Regarding the second demand of the plaintiffs it is pointed out that this Court does not have jurisdiction to order the eviction of the respondent if the first demand is upheld.

3) That he proceeded according to law and should not bear expenses.

4. Saving further reply.

That the First Hall Civil Court (Constitutional Jurisdiction) by means of a its judgement of the 9th March, 2018, decided the following:

For these motives the Court decides the cause by 1. Upholding the first preliminary plea of the Honourable Prime Minister et and declares that the Honourable Prime Minister and Minister for Justice, Culture and Local Government are not the legitimate defendants and are being freed from the observance of the judgement. The costs related to this plea are to be borne by applicants.

… omissis …

6) As not all the applicant’s demands were upheld the rest of the costs are to be partitioned as follows, one third the applicant and two thirds the Attorney General.

That the interpellant felt aggrieved by the said judgement of the 9th March, 2018, and thus by the present the same interpellant is filing this humble appeal there from before this Honourable Constitutional Court.

Facts.

… omissis …

1. The interpellant submits that the applicants could not invoke a violation of the First Article of the First Protocolof the Convention since the applicants succumbed to Article 12A of Cap. 158 by not evicting Joseph Bonett following the termination of the subemphyteutical concession.

… omissis …

That the interpellant also feels that the State is not to be considered responsible for any constitutional or conventional violation even after the coming in force of Art. XV111 of 2007.

… omissis …

That the applicants and her predecessors had four years time before the introduction of Article 12A of Cap. 158 of the Laws of Malta in order to take the necessary steps to evict the emphyteuta from the apartment.

… omissis …

That it follows thus that the applicant’s complaint built on the First Article of the First Protocol of the Convention had to fail from the very beginning.

2. That the Honourable First Court was not correct in its reasoning when it arrived to the conclusion of a violation of Article 37 of the Constitution of Malta.

… omissis …

That the interpellants do not agree with the Honourable First Court, that Article 37 of the Constitution is applicable to the present cause and this because the cause does not concern the expropriation of property but if ever control of the use of property.

… omissis …

3. That the Honourable First Court was not correct in its reasoning when it found there was a violation of the First Protocol of the European Convention.

That the Honourable First Court had found a violation of the property rights of the appliocant, as protected by the First Article of the First Protocol of the Eurpoean Convention as a just and proportionate balance was not held been the social purpose of the State to provide accomodation to those in néed and the necessity that there be respected the fundamental rights of the owner.

… omissis …

4. Compensation granted by the Honourable First Court not in conformity with the decisions given by this Honourable Court.

That the interpellant is of ther humble opinion that the compensation given by the Honourable First Court is excessive.

… omissis …

As this Honourable Court justly upholds there are various considerations one is to consider in order to establish the quantum of compensation.

… omissis …

That the Honourable Firsty Court was incorrect as well when it considered that ‘the state of uncertainty has been for whole years and this because the respondents and their predecssors had a period of certainty betwen 2002 and 2007, but it was only due to a default on their part that they failed to exhaust the remedies to take back the premises.

… omissis …

Another important fact in the context of the granting of compensation is the comparison with similar causes. In the last years the Constitutional Court delivered a lot of judgements relating to special laws relating to leases and emphyteusis and thus these had to serve as a guidance to the Honourable First Court.

… omissis …

Thus, the interpellant whilst referring to the proof and all the submissions brought by him before the Honourable First Court and reserves the right to bring forward all the other proof due to him according to law, respectfully prays that this Honourable Court reform the judgement appealed given by the Honourable First Hall Civil Court (Constitutional Jurisdiction) on the 9th March, 2018, in the cause in the names premised:

a) Confirming it in those parts whereby it freed the Honourable Prime Minister and Minister for Justice, Culture and Local Government from the observance of the judgement and where it declared that there were not violated the fundamental rights of the applicants protected by Articles 6 and 14 of the Eurpoean Convention and Articles 39 and 45 of the Constitution of Malta; and

b) To cancel, revoke and annul those parts whereby it declared that the applicant suffered a violation of her fundamental rights as protected by means of Article 37 of the Constitution and the First Article of the First Protocol of the European Convention , where it declared the respondent Bonett cannot invoke Article 12A of Cap 158 of the Laws of Malta, in order to continue to reside in the apartment merit of the present cause and where it condemned the interpellant to pay compensation in the amount of €20,000, and instead rejected all applicant’s demands. With costs of both instances against the respondents.

Appellant: Attorney General, Office of the Attorney General, The Palace, Valletta

Respondents:

1. … omissis …

2. Joseph Bonett, 29, Block C, St Julian’s Court, Triq is-Sur Fons, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 6th March, 2019, Application number 414/2019, by Mary Grace Pulis, Beverly Falzon, Neville Pulis, Donalise Pulis and Gaynor Pulis, whereby Paul Pulis, son of the late Giuseppi Pulis and Michelina Pulis née Grech, born in Ħaż-Żabbar on the 24th January, 1959, and residing in Ħaż-Żabbar, aged 60, and holding identity card number 0111959M, was interdicted by means of a decree given on the 12th March, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

DKR 37/2018 VARJAZZJONI TAL-IFFRIŻAR TAL-ASSI

Ikun jaf kulħadd illi b’digriet mogħti fil-25 ta’ Marzu, 2019, mill-Qorti Kriminali (Onor. Imħallef Dr Giovanni M. Grixti LLD) wara rikors ippreżentat minn Peter Formosa, Matthew Peter Formosa u Sarah Formosa fl-4 ta’ Marzu, 2019, Kumpilazzjoni numru 154/2018, fil-kawża fl-ismijiet:

Il-Pulizija

(Spettur Joseph Busuttil)

(Spettur John Spiteri)

Kontra

Peter Formosa, ta’ 64 sena, Direttur, bin Francis Xavier u Carmelina xebba Vinci, imwieled Il-Furjana, Malta fit-12 ta’ Mejju, 1954, residenti fil-fond Blanche, Flat 3, Triq il-Ġiebja, Is-Swieqi, Malta u detentur tal-karta tal-identità Maltija bin-numru 422754M;

Matthew Peter Formosa, ta’ 35 sena, Direttur, bin Peter u Elizabeth xebba Zammit, imwieled Tal-Pietà, Malta fl-10 ta’ Settembru, 1983, residenti fil-fond The Ivies, Blokk D, Flat 3, Triq il-Mosta, Ħ’Attard, Malta u detentur tal-karta tal-identità Maltija bin-numru 453883M;

U

Sarah Formosa, ta’ 32 sena, Direttriċi, bint Peter u Elizabeth xebba Zammit, imwielda Tal-Pietà, Malta fit-18 ta’ Settembru, 1986, residenti fil-fond Highgrove, Flat 307, Triq il-Kwarta, Is-Swieqi, Malta u detentriċi tal-karta tal-identità Maltija bin-numru 421486M.

Il-Qorti aċċediet għat-talba tal-imputati Peter Formosa, Matthew Peter Formosa u Sarah Formosa fis-sens illi l-ordni ta’ ffriżar tibqa’ viġenti biss fuq il-kont mal-HSBC Bank (Malta) plc f’isem JF Services Cleaning Limited bin-numru 016-283830-001 li fih l-ammont ta’ tmienja u ħamsin elf, tliet mija u disgħa u tmenin ewro u sebgħa u tletin ċenteżmu (€58,389.37). In oltre tordna t-tneħħija tal-ordni ta’ ffriżar fil-konfront ta’ kontijiet oħra miżmuma f’dan il-bank jew f’banek oħra mis-soċjetajiet JF Services Cleaning Ltd, JF Security Services, JF Group, JF Staffing Ltd, JF Security u Consultancy Services Ltd, JF Logistics Ltd, JF Servies Ltd u JF Investments Ltd jew mir-rikorrenti personalment.

Din il-pubblikazzjoni qed issir ai termini tal-Artikolu 5 tal-Att kontra l-Money Laundering, Kapitlu 373 tal-Liġijiet ta’ Malta, u l-Artikolu 23A tal-Kapitlu 9 tal-Liġijiet ta’ Malta in segwitu ta’ ieħor mogħti mill-istess Qorti fis-7 ta’ Diċembru, 2018, in segwitu ta’ digriet ieħor mogħti mill-istess Qorti fil-11 ta’ Ottubru, 2018, u ppubblikat fil-Gazzetta tal-Gvern tal-31 ta’ Diċembru, 2018, in segwitu ta’ digriet ieħor mogħti mill-istess Qorti fit-28 ta’ Mejju, 2018, u ppubblikat fil-Gazzetta tal-Gvern tat-8 ta’ Ġunju, 2018, in segwitu ta’ digriet ieħor mogħti mill-istess Qorti fit-8 ta’ Mejju, 2018, u in segwitu ta’ digriet ta’ ordni ta’ ffriżar mogħti fil-21 ta’ Marzu, 2018, mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja (Maġistrat Dr Anthony G. Vella LLD) u ppubblikat fil-Gazzetta tal-Gvern tat-3 ta’ April, 2018, u tas-6 ta’ April, 2018, fejn il-Qorti kienet ordnat is-sekwestru f’idejn terzi persuni b’mod ġenerali tal-flejjes u l-proprjetà mobbli jew immobbli kollha li jkunu dovuti lill-imsemmija Peter Formosa, Matthew Peter Formosa u Sarah Formosa jew li huma proprjetà tagħhom u lis-soċjetajiet JF Services Cleaning Ltd, JF Security Services, JF Group, JF Staffing Ltd, JF Security u Consultancy Services Ltd, JF Logistics Ltd, JF Servies Ltd u JF Investments Ltd.

Illum, 29 ta’ Marzu, 2019

Reġistru tal-Qrati ta’ Ġurisdizzjoni Kriminali (Malta) 

MARVIC PSAILA

Deputat Reġistratur, Qrati u Tribunali Kriminali

By means of a decree given by the Civil Court (Family Section) on the 26th February, 2019, in the records of the Application, in the names Muscat Marion vs Muscat Kevin, Application number 97/12 AL, the following publication was ordered for the purpose of service of the respondent Marion Muscat, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the names Muscat Marion vs Muscat Kevin, on the 2nd February, 2018, the applicant Kevin Muscat (ID 546674M) asked this Honourable Court, saving any necessary declaration,

1. To declare and decide that the present separation cause be considered instead as one for the declaration of divorce of marriage and this in terms of Article 66F (1) of Cap 16 of the Laws of Malta and declare and decide that there subsist the conditions contemplated in Article 66B of Cap. 16 of the Laws of Malta, so that the request for divorce be upheld and thus order the dissolution of the marriage between the parties and uphold the other demands in the application.

With costs

The Application in the names Muscat Marion vs Muscat Kevin, Application number 97/12 AL, has been deferred for hearing to the 11th April, 2019, at 9.15 a.m.

Notify Respondent: 19, Nigret Road, Rabat

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Salvatore Borg sive Salvatore Borg Bonaci (ID 0004044M) filed an application under oath (No. 328/2019/LSO) demanding Correction in the Act of Birth number 40/1944 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

JOSETTE DEMICOLi

For Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 4th March, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 7th May, 2019, at half past eleven in the morning (11.30 a.m.) has been fixed for the Sale by Auction, to be held in room numbered 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) Garage numbered 17, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. Il-garage is bordered from the East with a drive-in and from the North with garage described as ‘j’ without number, with all its rights and appurtenances for the related garage. The garage is valued at sixteen thousand and five hundred euro (€16,500);

b) Unnumbered Garage, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above.The garage is bordered from the East by a drive-in and from the South with a garage described ‘i’ and numbered 17, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and five hundred euro (€13,500);

c) Garage numbered 20, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the East with a drive-in and from the North with a garage described ‘l’ and numbered 21, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand three hundred euro (€13,300); 

d) Garage numbered 21, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered by a drive-in and from the South by a garage described ‘k’ and numbered 20, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600); 

e) Garage numbered 22, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described ‘l’ and numbered 21, with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600); 

f) Garage numbered 23, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the North by a garage described ‘o’ and numbered 24, with all its rights and appurtenances’ for the related garage. the garage is valued at sixteen thousand euro (€16,000); 

g) Garage numbered 24, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the East by a drive-in and from the South by a garage described ‘n’ and numbered 23, with all its rights and appurtenances for the related garage. The garage is valued fifteen thousand euro (€15,000); 

h) Garage numbered 25, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above.The garage is bordered from the West by a drive-in and from the South by a garage described ‘q’ and numbered 26, with all its rights and appurtenances for the related garage. The garage is valued at eighteen thousand euro (€18,000);

i) Garage numbered 26, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘r’ and numbered 27, and from the North by a garage described ‘p’ and numbered 25, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and four hundred euro (€13,400);

j) Garage numbered 27, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘s’ and numbered 28, and from the North by a garage described ‘q’ and numbered 26 with all its rights and appurtenances of the garage. The garage is valued twelve thousand and five hundred euro (€12,500);

k) Garage numbered 28, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage described ‘t’ and numbered 29 and from the North by a garage described ‘r’ and numbered 27, with all its rights and appurtenances for the related garage. The garage is valued at tweve thousand and seven hundred euro (€12,700);

l) Garage numbered 29 as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South with garage described ‘u’ and numbered 30 and from the North with a garage described ‘s’ and numbered 28, with all its rights and appurtenances for the related garage. The garage is valued at thirteen thousand and eight hundred euro (€13,800);

m) Garage numbered 30, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, from the South by a garage described ‘v’ and numbered 31 and from the North by a garage described ‘t’ and numbered 29 with all its rights and appurtenances for the related garage. The garage is valued fourteen thousand euro (€14,000);

n) Garage numbered 31, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, and from the South by a garage described ‘w’ and numbered 32, and from the North by a garage described ‘u’ and numbered 30 with all its rights and appurtenances for the related garage. The garage is valued twelve thousand and six hundred euro (€12,600);

o) Garage numbered 32, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in, and from the South by a garage described ‘x’ and numbered 33 and from the North by a garage ‘v’ numbered 31 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600);

p) Garage numbered 33, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the South by a garage ‘y’ and numbered 34 and from the North by garage described ‘w’ and numbered 32 with all its rights and appurtenances for the related garage. The garage is valued at twelve thousand and six hundred euro (€12,600);

q) Garage numbered 34, as described in the attached plan marked JBG 2 which is found at basement level, which garage forms part of a complex of garages named above. The garage is bordered from the West by a drive-in and from the North by a garage described ‘x’ and numbered 33 with all its rights and appurtenances for the related garage. The garage is valued at fourteen thousand and eight hundred euro (€14,800).

The garage described in the architect’s report under letter ‘p’ to letter ‘y’ are all bordered, from the North with Triq il-Ibjar, and from the East with a property of family Buttigieg or it successors in legal rights and from the West with a drive-in with all its rights and appurtenances for the related garage; included with the sale of each garage is the entrance from street to car lift, an undivided share of the car lift with access to the basement and the ground-floor garages, the list shaft, the ramp, emergency fire escape and another secondary stairs, including the undivided share accessible from the common parts by a vehicle and by foot and a drive-in from the car lift to the respective garage. Access for the complex of garages is an unnamed and unnumbered common entrance in Triq Antonio Zahra, Żejtun. These garages are subject to a passage, drain and pipes that collect water rain in favor of the overlaying properties and access right to do maintenance work in respectable hours after a notice has been given before. Included with this sale there is an undivided share with every garage from a well in the basement. These garages are subject to a perpetual ground rent of €2.33 as a share of a higher ground rent on the whole plot that this complex has been built. The ground rent is revisable after 100 years that began on the 3rd February of 1962 and thereafter every fifty years of the value at that time. 

The said tenement is the property of Tristan Developments Ltd (C 42116).

N.B. The said tenement will be sold as described in the Judicial Sales Act 42/16

GAETANA AQUILINA

For Registrar Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 26th March, 2019, in the records of the Warrant of Prohibitory Injunction, in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Eskandar et, Warrant number 217/19 TA, the following publication was ordered for the purpose of service of the respondent Maged Fawzy Shokry Iskandar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the First Hall Civil Court, in the names (Applicant) Rosanne Micallef (ID 488278M) carrying on trade under the name Ta’ Jimmy Food Packing against (respondent) Maged Fawzy Shakry Iskandar sometimes indicated as Exkandar son of Fawzy and Lol née Kamel, born in Kajr, Egypt, on the 20 th July, 1965, (ID 20947A) and his wife Hyam Yahoob Mesah Ghbryal daughter of Yakoub Ghbryal and Aniat née Latif, born in Kajr, Egypt, (ID 20953A), on the 18th February, 2019, the applicant Rosanne Micallef respectfully pleaded:

That the applicant in order to secure her credit hereunder mentioned against the respondent humbly prays this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent in order that he be witheld from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title any property and in particular,

The villa with official number three (3) with the name ‘Villa Kasana’ in Triq il-Virdun, previously street without name which abutts on Triq Reġjonali, in Kappara, limits of San Ġwann;

That the interpellant shall be prejudiced if the respondent shall not be witheld as stated.

Thus, the applicant humbly prays that this Honouyrable Court order the issuing of a Warrant of Prohibitory Injunction in question against the respondent.

Credit: Twenty-four thousand eight hundred sixty-six euro and fifty-seven cents (€24,866.57) representing payment of price of various objects sold and delivered to the respondents as better deduced in the sworn application presented with this.

Sgd. Dr Patrick Valentino, BA, LLD

Confirmed before by oath after I read its contents and in the presence of Rose Marie Vella, Deputy Registrar.

(where the demand exceeds €11,646.86c)

Republic of Malta 

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recurr the elements required by law for the undermentioned orders,

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 all with the witness of Hon. Justice Toni Abela, LLD, Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names Micallef Rosanne vs Iskandar Maged Fawzy Shokry sive Eskandar et, Warrant number 217/19 TA, has been deferred for hearing to the 11th April, 2019, at 12.15 p.m.

Applicant; 3, N/S off Mdina Road, Ħaż-Żebbuġ, Malta

Respondent: 3, Villa Kasana, Triq il-Virdun, Kappara

Execution: 1) Director Public Reġistry, Valletta

 2) Land Registrar, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 20th March, 2019, 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).

Architect Paul Cuschieri (ID 216884M) exercising the profession as C & C Projects of Design Centre, Level 2, Triq it-Torri, Swatar, Birkirkara, filed a Claim on the 13th September, 2018, whereby he asked the Tribunal to condemn Dream Face Ltd (C 43859) of Farell, 115, Vjal il-Blue Grotto, Żurrieq, to pay the plaintiff the sum of €4,775.55 which amount is due to the plaintiff.

The case (Claim Number 457/18CZ) is deferred on the 8th April, 2019, at 12.15p.m.

ALEXANDRA DEBATTISTA

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 No. 13/2019 (PC)

Application in terms of Article 495A of the Civil Code

Maria Mercieca (ID 23466G) in her own name and on behalf of the absent Victoria sive Vicky Grima, 34, Pjazza Vittorja, Xagħra, Gozo; Joseph Attard (ID 48336G), Marino, Triq San Ġorġ Preca, Xagħra, Gozo; Sarah Sultana (ID 61544G), Dar Sant’ Anna, Triq Mikiel Farrugia, Xagħra, Gozo; Carmela Attard (ID 2846G), 30, Triq Ġnien Imrik, Xagħra, Gozo

versus

George Attard (ID 55041G), 47, Triq Mikiel Farrugia, Xagħra, Gozo, and Dr Deborah Camilleri who by decree dated 1st March, 2019, was nominated Deputy Curator to represent the absent Mario Victor, Anthony, and Sharon, siblings Attard

Application of Maria Mercieca et

Respectfully submit and Maria Mercieca confirms on oath:

1. That this application concerns the property numbered five (5) and six (6), at Victory Square, Xagħra, Gozo;

2. That all the parties are co-owners of the said property numbered five (5) and six (6), at Victory Square, Xagħra, Gozo;

3. That the applicants are owners of five-sevenths (5/7) undivided share of that same property, whereas the respondents are owners of the remaining two-sevenths (2/7) undivided share; being that George Attard is the owner of one-seventh (1/7) undivided share, while Mario Victor, Anthony, and Sharon, siblings Attard are owners of the other one-seventh (1/7) undivided share;

4. That the property in question derives from the inheritance and succession of the parents/grandparents of the parties and therefore from the inheritance and succession of Emanuel and Maria (née Camilleri) spouses Attard who died on the twenty-fourth (24th) of April of the year nineteen hundred and ninety (1990) and on the fourth (4th) of June of the year nineteen hundred and fifty-seven (1957) respectively;

5. That both Emanuel Attard and Maria Attard died intestate and therefore their inheritance devolved according to law, in favour of their seven children being Joseph, Victoria sive Vicky Grima, Sarah Sultana, Gemma Abela, George, Carmela Attard and Avelina Attard, siblings Attard; that is on all the parties, or where deceased, on their successors;

6. That Gemma Abela died sine prolis on the twenty-ninth (29th) of February of the year two thousand and twelve (2012) and her inheritance devolved on Maria Mercieca in virtue of a will dated the thirtieth (30th) of May of the year nineteen hundred and ninety-five (1995) in the acts of Notary Paul George Pisani;

7. That Avelina Attard, who lived abroad, also passed away and she was inherited by her three children being Mario Victor, Anthony and Sharon siblings Attard;

8. That the applicants wish to sell the property indicated above and have therefore entered into an agreement with third parties for its sale;

9. That notwithstanding that an appointment had been set with the notary for the signing of the promise of sale, the respondents did not appear for the said signing. That consequently the promise of sale was signed solely for the share pertaining to the applicants and on the condition that the prospective buyer has the right not to honour the promise of sale agreement in the eventuality he does not manage to acquire the shares of the respondents;

10.That applicants believe that the price for the sale of the property as results from the promise of sale agreement is fair and just and the respondents will not suffer any prejudice following this transfer since it appears that their only intention is to hinder and stop the applicants from the possibility of selling the property.

Applicants therefore respectfully request this Honourable Court, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. XXVI, to:

1. Declare that the price, that is the value of the proposed transfer of the applicants’ share according to the promise of sale here annexed, is fair and just and that the same value and conditions should apply for the share belonging to the respondents from the said premises, that is two-sevenths (2/7) undivided share, and in the case of the respondents the value of their share is to be paid in full on the publication of the deed of transfer.

2. Approve the proposed sale and transfer and orders the publication of the deed of sale in respect of the share belonging to the respondents on such day, time and place which are fixed for this purpose and appoints Notary Public Paul George Pisani to publish the deed of sale with the intervention of deputy curators to represent the eventual defaulters on the act.

3. With all costs to be borne by respondents who are being subpoenaed as from today.

The application is appointed for hearing for Tuesday 21st May, 2019. 

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th March, 2019, Application number 539/2019, by Jane Cassar et whereby they prayed that it be declared open in favour of the same Jane Cassar, wife of the decujus in the quota of one half (1/2) undivided share; in favour of Carl Cassar son of the decujus in the quota of one fourth (1/4) undivided share and in favour of Antonella Cassar daughter of the decujus in the quota of one fourth (1/4) undivided share the succession of George Cassar, husband of Jane Cassar née Hornsby, son of the late Anthony Cassar and Pauline née Buhagiar, born in Ħal Qormi, Malta, resided in Norfolk, United Kingdom and died in Colney, United Kingdom on the 30th October, 2018, who held identity card number 1079148M.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals