Court Notices published in Govt. Gazette No. 20,173 of 18th April, 2019

By decree given by the Civil Court, First Hall on 26th March, 2019, on the application of Bank of Valletta plc (C 2833) and on HSBC Bank Malta plc (C 3177) requests, Thursday, 16th May, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held at room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Maisonette officially numbered twenty-six (26) in Triq il-Kwartin corner with Triq C. Triosi, Ibraġ in Swieqi which maisonette is situated on elevated first floor and garage situated at semi basement level partially underlying the said maisonette of the respondents and the garage is accessible from a common ramp that abuts in Triq il-Kwartin. The maisonette without its airspace and accessible from an open staircase adjacent a front garden with facade in Triq C. Triosi. The maisonette underlies part of the said maisonette belonging to the respondents and situated, and forming part of a block of buildings built on plot number nine (9) on lands known as 'Tal-Misluta' sive 'Tal-Franċiż' and subject to annual and perpetual ground rent of ninety-three euro and seventeen cents (€93.17) free and unencumbered with all its rights and appurtenances including a courtyard situated at semi basement level on the back of the said block, the courtyard is accessible from the maisonette as well from the said garage, subject to servitudes of a window in favour of the other garage forming part of the block as well as common ownership of stairs, shafts, carport and ramp accessible to the two garages situated underlying the said block.

The said block is bounded on the East by the said streets and the other points of the compass are bounded by third party property and is valued at three hundred and forty thousand euro (€340,000).

The said tenement is the property of Alfred Zarb (ID 810058M) and Catherine Zarb (ID 714358M).

N.B. The said tenement will be sold as described in the acts of the judicial sales file number 105/11.

MARVIC FARRUGIA

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 22nd March, 2019,  following a request of  Advocate Doctor Luigi A. Sansone noe, as special mandatary of The Procter & Gamble Company, a foreign company, it was ordered that deputy curators be chosen  to represent Yiwu Dongteng Import and Export Co. Ltd and AL Farouk Commerce International, in the records of the Sworn Application 283/2019 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the  other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court First Hall, in the names Advocate Doctor  Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269 M) as special mandatary of The Procter & Gamble Company, a foreign  company organised under the laws of the State of Ohio, in the United States of America with registration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America vs deputy curators to represent 1) Yiwu Dongteng Import and Export Co. Ltd, a foreign enity  with an indication of  address of 10/F Building A, Yiwu Port, 266 Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2)AL Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre 75, Av, Khaeireddine Pacha, Bloc C  IEME,  Etage APT C6 Mont Plaisir 1073 –Tunisie, on the 15th March, 2019, the applicant Advocate Doctor Luigi A. Sansone LL.B. ( Hons) LL.D. (ID 258269 M) as special mandatary of The Procter & Gamble Company, a  foreign company organised under the laws of the United States of America, with registration number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America, asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of products of toothpaste tubes in a packet or packets in boxes, consisting which all have on them various identical trademarks to, or which cannot be distinguished in their essential aspects from, those  of the plaintiff company and duly registered as European Union trademarks (EU trademarks) with numbers 001843630, 000273201, 00300137, 004772075 and 016858847 respectively which objects are all presently held under the authority of the Director General (Customs) after he found that the containers CMAU5463105 and CMAU5900587 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same European trademarks abovementioned;

2. Declare that the same objects and namely a quantity of products of toothpaste tubes in packets or packets in boxes which all have on them identical trademarks to, or which cannot be distinguished in their essential aspects from, those of the plaintiff company duly registered as European Union Trademarks (EU trademarks) with numbers 001843630, 000273201, 00300137, 004772075 and 016858847 respectively are falsified objects;

3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual destruction, to the attendance of the destruction and to the removal of the waste generated from the same destruction.

With costs against the defendants summoned so that a reference to their evidence be made

Applicant noe: Advocate Doctor Luigi A. Sansone LL.B. (Hons) L.L.D. (ID 258269M) as special mandatary of the Procter & Gamble Company, a foreign company incorporated in the State of Ohio, the United States of America, with number 20677 and address of 1, Procter & Gamble Plaza, Cincinnati, Ohio, United States of America/84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent 1) Yiwu Dongteng Import and Export Co. Ltd a foreign entity with an indication of address of 10/F, Building A, Yiwu Port 266, Chengxin Avenue, Yiwu City, Zhejiang 322000, China and 2) AL Farouk Commerce International, a foreign entity with an indication of address of IMM Pacha Centre, 75 AV, Khaeirddine Pacha, Bloc C, IEME Etage, APT C6 , Mont Plaisir 1073-Tunisie, Courts of Justice, Valletta (two copies)

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, abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Constitutional Court on the 27th December, 2018, in the records of the Application in the names Victoria Amato Gauci pro et noe versus Attorney General et, Application Number 85/2013/1, the following publication was ordered for the purpose of service of the respondents Michael Polidano and Maria Bernardette Polidano, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Appeal Application filed in the Constitutional Application Number 85/2013, Victoria Amato Gauci (ID 76440G) both as usufructuray of the property of her husband Philip Amato Gauci, as well as mandatary of her absent children Mariella Riemer (Canadian passport WQ 277019), Christianne Huber (Canadian passport JR 825506), Louis Amato Gauci (Canadian passport JR 922011), Joseph Gerard Amato Gauci (Candian passport WHO68365), Tanya O'Brien (Candian passport WH 808577), Francesca Amato Gauci (ID 344279M), Philip Amato Gauci (ID 497781M) and Andrew Amato Gauci (ID 358979M) vs Attorney General and Michael Polidano (ID 693253M) and his wife Maria Bernardette Polidano (ID 128854M) for any interest they may have, on the 5th November, 2018, the applicant Victoria Amato Gauci pro et nomine respectfully pleaded:

That the interpellants brought forward an application, on the 30th October, 2013, in virtue of which they premised the following:

That the applicant's father Philip Amato Gauci had brought foward procedures before the European Court according to the procedure incorporated in the European Convention as carried out in Cap. 319 of the Laws of Malta;

That such procedures were decided by the European Court by means of a judgement of the 15th September, 2009, in the names Amato Gauci vs Malta, which application had the number 47045/06;

That the European Court concluded by finding a violation of the fundamental right to the enjoyment of property and this after it considered that:

1. The Court will consider the impact that the application of 1979 Act had on the applicant's property. It notes that the applicant could not exercise his right of use in terms of physical possession as the house was occupied by the tenants and he could not terminate the lease.

… omissis …

2. Moreover, both the amount of rent he received by the applicant, namely Eur 210 per year and the maximum amount of rent the applicant could obtain namely Eur 420, were as confirmed by the Constitutional Court 'certainly low'.

3. In the present case, having regard to the low rental value which could be fixed by the Rent Regulation Board, the applicant's state of uncertainty as to whether he would ever recover his property which has already been subject to this regime for nine years, the lack of procedural safeguards in the application of the law and the rise in the standard of living in Malta over the decades the Court finds that a disproportionate and excessive burden was imposed on the applicant.

4. There has accordingly been a violation of Article 1 of the Protocol No 1 to the Convention.

That as compensation for the said violation till the moment of the judgement the European Court liquidated the amount of fifteen thousand and twenty-five euro (€15,025) as pecuniary damages and one thousand five hundred (€1,500) as non pecuniary damages and three thousand five hundred (€3,500) as refund of costs which compensation was paid by the respondent;

That despite this, the circumstances which gave rise to the violation of the right of Philip Amato Gauci remained still in force;

That the circumstances which gave rise to such violation are the following:

a) That Philip Amato Gauci was the owner of the premises number 3, in Triq San Injazju, Tas-Sliema, which as described by Architect A. Spiteri Staines, on the 14th March, 2002, was valued at the value of circa ninety thousand eight hundred forty-five euro and fifty six cents (€90,845.56) and a rental value of two hundred and seventy-nine euro and fifty-two cents monthly (€279.52).

b) That he had inherited this premises from his father who had granted the premises in question to Michael Polidano by means of a contract of the 21st November, 1975, towards the payment of the annual and perpetual groundrent of €209.64 for 25 years which concession lapsed on the 20th November, 2000.

c) … omissis …

d) That by Act XXIII of the year 1979, which amended Cap. 158 of the Laws of Malta which gave the emphyteuta the automatic and unreviewable right to hold the premises in question under lease as a consequence of Article 12.

… omissis …

That Philip Amato Gauci died on the 5th April, 2010, and left his eight children as universal heirs and his wife as usufructuary of his property and namely the applicats in the present procedures;

That the circumstances of the case did not change and the respondents Polidano still hold the premises in question under the same conditions which were declared to amount to a violation of the fundamental right by the European Court;

… omissis …

That even after the decision of the European Court the applicants had to incur other expenses on the premises in question as a consequence of the juridical relationship imposed upon them by law;

Thus the applicants respectfully prayed this Honourable Court 1) to declare that the circumstances of the case amount to a violation of the right of enjoyment of the applicant's property as protected in Article 1 of the First Protocol of the European convention, as incorporated in the law by means of Cap. 319 of the Laws of Malta 2) declare that the respondent failed to provide the applicants an effective remedy to protect their fundamental right by allowing their right of enjoyment as protected in Article 1 of the First Protocol of the European Convention to be violated, pass on to give those effective remedies which address the crux of the said violation.

With costs against the respondents

That the Attorney General replied by means of a reply presented on the 11th November, 2013, by means of which he contested the applicant's demands in this manner:

1. That in the first place the interpellant is not the right defendant in regard to that part of the demand number 3 where the eviction of the lessee from the tenement was demanded, since such a demand is not executable in his regard;

2. That subordinately and without prejudice to the above as regards the merit the respondent opposed the demands as brought forward in the original Application for the following motives:

(2.1) That in the first place in the present circumstances the applicant owners were given a remedy and in fact were paid the amount of 16,525 euro as compensation.

(2.2) That in the second place the applicant's demands as brought forward in the application are unfounded in so far as the premises in question remained the property of the applicants.

(2.3) That in the third place and without prejudice to the above from when the state judgement was given by the European Court, the state legislated with the purpose of helping the owners.

(2.4) That in the four place dato ma non concesso that this Honourable Court finds a violation of the present circumstances the interpellant points out that the concept of compensation for the violation of fundamental rights is completely distinct from the concept of civil damages;

(2.5) Saving other pleas if it be the case.

That on their parts the respondents Michael and Maria Bernadette Polidano replied:

1. The applicants were already given the opportune remedy from the European Court of Human Rights by the compensation they received;

2. From when the judgement was delivered by the ECHR in September 2009, amendments were made in the Civil Code which regulate Lease (Att X of 2009, Act v of 2010 and AL 463 of 2011) and thus the considerations of ECHR in its judgement should not apply;

3. That the applicants are abiding themselves with the law of Malta and should not be penalised because they are abiding with the laws of the country;

That by means of a judgement given by the First Hall Civil Court (Constitutional Juirisdiction) on the 18th October, 2018, the Court decided the cause as stated in this Application;

That the applicants felt aggrieved by that part of the judgement in virtue of which the Honourable First Court rejected their second demand as well as that part in virtue of which it upheld only and limitedly their second demand and liquidated only and limitedly their second demand and liquidated the compensation in the sum of EUR 17,000, whilst it rejected their demand so that the premises in question be returned to them and the respondents Polidano be evicted from the premises in question.

Facts of the case:

1. That the husband and father of the applicant Philip Amato Gauci was the owner of the premises number 3, in Triq San Injazju, Tas-Sliema, which according to a description of Architect A. Spiteri Staines, of the 14th March, 2002, consists of three floors and with the airspace and in that year it was valued for the value of about ninety thousand eight hundred forty-five euro and fifty-six cents (€90, 845.56) and a rental value of about two hundred ninety-five euro and fifty-two cents (€279.52) monthly and according to a valuation of Architect Ian Zammit, of the 3rd November, 2011, the premises free and unencumbered was valued on the market at one hundred fifty thousand euro (€ 150,000) and with a rental value of five thousand four hundred euro yearly or four hundred fifty euro monthly (€450).

… omissis …

16. Our legal system does not provide another means to the applicant in order to seek the stopping of this violatioin against them except by another constitutional procedure for the period after the judgement of the European Court for which the same violation is still in existence. Thus these procedures.

17. In view of the above the applicant humbly prays this Honourable Court:

i) To declare that the circumstances of the case amount to a violation of the right of enjoyment of the applicant's property as protected by Article 1 of the First Protocol of the European convention.

ii) … omissis …

iii) Give those effective remedies and which address the crux of the said violation besides the liquidation of the amount of reasonable rent for the premises from the 16th September, 2009, till the date of final judgement.

The first grievance:

That in their second demand the appellants asked this Court so that (i) it declares that the respondent failed to provide the applicant an effective remedy to protect their fundamental rights by allowing the right to the enjoyment of property to continue to be violated.

It results from the judgement appealed that the Honourable First Court avoided completely the argument brought forward by the respondent in the sense that the compensation liquidated in their favour by the European Court was an effective remedy for the violation of the fundamental rights suffered by them. At the same time it results that the Honourable First Court calculated that in virtue of the amendments that came in force in the law by means of Act XXVII of 2018 which amends the Housing Decontrol Ordinance (Cap. 158) and namely the introduction of Article 12B, the Court was of the opinion that the second demand was not justified.

… omissis …

That the interpellants felt aggrieved by this part of the judgement for various reasons. In the First place the fact is pointed out that Act XXVII of 2018 came into force only a few months before the judgement appealed was delivered … omissis … above all and as results from the proof the interpellants brought proof before the Court of First Instance that confirm that following the first judgement given by the European Court, the Office of the Attorney General was involved in an exchange with the Committee of Ministers regarding the status of the execution of the said judgement and despite that the Maltese State was prepared with a plan of action which consisted in amendments in the law, this did not place.

That keeping in view the fact that the interpellants and their predecessor Philip Amato Gauci had long suffered this violation of their fundamental rights from November 2000, when originally the temporary emphyteutical concession lapsed so that then eighteen years after the Honourable First Court decided that the interpellants had no effective remedy before an impartial Tribunal and at the same time abdicate completely every scrutiny of any type of remedy.

That when the Court of First Instance was of the opinion that it was up to it to consider the usefulness of Art. 12B introduced in the Law in virtue of Act XXV of 2018, it was effectively abdicating its power to exercise its discretion in order to effectively decide if these amendments give an effective and defintive remedy for the iolation sufferded by them in the case in examination.

… omissis …

That even if one examines the remedies to which the applicants can refer and refer to the procedures contemplated by law with the amendments in question it cannot be stated that the applicants can acquire an effective remedy when one analyses such remedies, where once again there stand out the elements which regulate the increase in rent which can be applicable in the conditions of the lease, application of the means test in such a manner that even in case the respondent Polidano does not qualify for protection, the law now protects them for a another period of five years after the termination of the procedures before the Rent Regulation Board.

That finally it is submitted also that the cause for delay in delivering judgement by the Honourable First Court and by the application of the jus superveniens as above explained an unjust situation was created in various similar cases even decided by this Honourable Court, where it was found that there was a violation of Article 1 of the First Protocol of the Euroean Convention, the Court gave an effective remedy.

… omissis …

That thus on the basis of the considerations above premised the interpellants humbly submit that in that part of the judgement the Honourable First Court failed to give an effective remedy which was really due.

The second grievance:

That it results that the Court of First Instance limitedly upheld their third demand by ordering the respondent Attoreney General to pay compensation of Eur 17,000 as pecuniary and non-pecuniary compensation, and it also found the respondents Polidano cannot rely anymore on Article 12 of Cap. 158.

… omissis …

That the interpellants are conscious of the fact that this Honourable Court in various judgements given even recently (as in the case of Josephine Azzopardi pro et noe vs the Honourable Prime Minister et, App 85/2014) kept back from ordering the eviction of the lessees although it affirmed the principle that they cannot rely any more on the provisions of Artricle 12 of Cap. 158.

… omissis …

a) The applicants had to pass through judicial proceedings for the second time due to the failure of the State to provide a remedy after the judgement of the European Court.

b) … omissis …

c) … omissis …

d) … omissis …

e) The Court of First Instance applied the same method of calculation of compensation already adopted in this case without considering the fact that it is notorious that the leases on the actual market substantially increased during these last nine years.

… omissis …

Thus for all the reasons premised and all those that result during the pleadings of this appeal, the appellants whilst referring to all the proof already produced and the submissions which were made by them, and reserve to make the observations and bring all that proof permitted by law, respectfully prays that this Honourable Court reform the judgement given by the First Hall Civil Court (Constitutional Jurisdiction) in the cause in the names premised on the 18th October, 2018, saving the revocation of that part of the judgement by which it rejected the second demand on the basis of the amendments introduced in the law in virtue of Act XXVII of 2018 and instead declare that the state failed to provide the applicants an effective remedy which protects their fundamental right by leaving the right of enjoyment of the property as protected in Artice 1 of the First Protocoll to the European Convention to continue to be violated although it was declared by the Court that such circumstances amount to a violation and consequently declare that this default amounts to  a violation of Article 13 of the European Convention and consequently reform that part of the judgement by which it limitedly upheld the third demand of the applicant as demanded in this application. With costs against the applicants.

Notify:

Michael Polidano, 3, Trejqet Sant'Injazju, Tas-Sliema

Maria Bernardette Polidano, 3, Trejqet Sant'Injazju, Tas-Sliema

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 20th March, 2019, following a request by Damian Paul Galea et it was ordered that deputy curators be chosen to represent the unknown emphythutical direct owners in the acts of the schedule of deposit number 465/2019 in the names Damian Paul Galea et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Damian Paul Galea (ID 137580M), son of Joseph and Maris née Calleja, born in Tal-Pietà on the 20th February, 1980, and his wife Joslyn Galea (ID 112879M), daughter of Vincent Vella and Josephine née Mintoff, born in Tal-Pietà on the 18th February, 1979, both residing in Xemxija vs Deputy Curators to represent the unknown emphythutical direct owners, on the7th March, 2019, the applicants Damian Paul Galea et respectfully submitted:

The applicants are the owners of the tenement with number 85 previously 26, and also its airspace in Triq Sir William Reid, Gżira, which property was acquired by them by means of a contract dated 21st May, 2010, in the records of Notary Isabelle Gonzi (Document DP1), and also the airspace of the yard forming part of the tenement above described, which airspace was acquired by the applicants by means of a contract dated 24th January, 2019, in the records of Notary Jean Paul Farrugia (Document DP2);

The tenement is subject to the annual and perpetual groundrent of €5.38 whilst the airspace is subject to the annual and perpetual groundrent of €0.01;

The applicants wish to avail themselves of the option under Article 1501 of Cap. 16 of the Laws of Malta and thus redeem the ground rent;

The amount of €5.39 capitalised at the rate of 5% amounts to €107.80;

The emphytutical direct owners are unknown.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the ground rent amounting to €107.80, which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: Alea, Triq Piscopo Macedonia, Xemxija, St Paul's Bay

Respondents: Law Courts, Valletta

Service: Director Public Registry, Casa Bolino, Triq il-Punent, 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. Justice Anna Felice, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 11th July, 2018, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 26th June, 2018, whereby they asked the Tribunal to condemn Alexandra Attard (ID 584090M) of 140, Flat 3, Triq Sant'Orsla, Valletta, to pay the plaintiff company the sum of €836.24 which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 287/18SFJ) is deferred on the 29th April, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 11th April, 2019, on the application of DeBono Edward Dr (ID 592758M) noe, Tuesday, 28th May, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Villa named 'Is-Sienja' formely named 'Casa Sant Manduca' without official number in Triq Ras il-Wardija formerly known as Triq San Ġorġ in Wardija, limits of San Pawl il-Baħar together with the adjacent lands which form an integral part of it with approxiamate measurement of 15,800 metres squared. The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at thirteen million and six hundred thousand euro (€13,600,000).

The said tenement is the property of T.A.M. Holdings Limited (C 45710).

N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th of April, 2019, given on an application of Anna Cassar, filed on the 6th of April, 2019, in the records of application number 1936/2018, wherein it was ordered the publication of the inventory of the estate of the late Nicola Cassar (ID 0032632M), widower of Maria Carmela Cassar née Farrugia, son of the late Giorgio and Giorgia Cassar née Pulo, born at Ħal Qormi and died at Naxxar on the 26th of June, 2018, aged 86 years.

This publication is going to be held on Tuesday the 14th of May, 2019, at four (16:00) at 2A, Delmar, Flat 1, Triq Brared, Birkirkara, under the ministry of Notary Dr James Grech.

CARMEN SCICLUNA

For the Registrar, Civil Court and Tribunals

By a decree of the Courts of Magistrates (Malta), of 6th February, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on an application of Allan Vassallo et it was ordered that Deputy Curators be selected to represent the absentee Alfred Vassallo and Carmela Grixti in the schedule of deposit number 316/2019 and in other relative and subsequent acts where they requested:

That the applicants are in possession of a sum of money, namely the sum of €4000 which sum represents the one time grant for persons licensed as Port Workers between the 4th April, 1973, and who were not licensed after this period and this belongs to the respondents Alfred Vassallo and Carmena Grixti née Vassallo;

The applicants lost any contact with these persons because they went to live in Australia many years ago;

Accordingly, in order to safeguard their interests, are requesting this Court and under its authority they are depositing the sum of €4000 representing this one time grant to persons licensed as Port Works between the 4th April, 1973, which sum may be freely withdrawn by the respondents who result to have a right to it after leaving the relative receipt according to Law.

Applicants:

Allan Vassallo, Victoria Mans Blk C, Fl 2, Triq Ġużè Galea, Ħal Qormi

Reuben Robert Vassallo, Victoria Mans Blk C, Fl 2, Triq Ġużè Galea, Ħal Qormi

Godfrey Vassallo, Fl 4, Daħlet Ġnien is-Sultan, Blk D, Valletta

Mary Eileen Vassallo, Victoria Mans Blk C, Fl 2, Triq Ġużè Galea, Ħal Qormi

Anthony Vassallo, 10, Victoria Mans, Triq Ġużè Galea, Ħal Qormi

Joseph Vassallo, Santa Maria Crt 2, Madonna tal-Ħerba, Triq iż-Żraġen, Ħ'Attard

Giovanni Vassallo, 109, Triq il-Barrakki, Ħal Qormi

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Gabriella Vella LLD, Doctor of Laws, Magistrate of the abovementioned Court.

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 5th April, 2019, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 5th April, 2019, in the records of the schedule of deposit and redemption of ground rent bearing number 69/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Emanuel Farrugia, in business (ID 19389G); Architect Steve Scicluna (ID 33987G); Kevin Farrugia, self-employed (ID 39393G); Philip Bigeni Enterprises Limited, a limited liability company registered in Malta (C 6846); Carmel Bigeni, in business (ID 21756G) and Maryanne Bigeni, a housewife (ID 60458G) whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are entitled to receive the herein mentioned ground rent, and this in the records of the schedule of deposit and redemption of ground rent bearing number 69/2019 abovementioned, filed on the 4th April, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised that:

Applicants Emanuel Farrugia, Steve Scicluna and Kevin Farrugia own inter alia a divided portion of land better known as "Ta' Germida" in the limits of Xaghra, Gozo, having a superficial area of three hundred and fifty-two square meters (352 sq.m) circa, or more a correct area, and bounded South by property of the said applicants themselves, West by property of Philip Bigeni Enterprises Limited and Carmel and Maryanne spouses Bigeni and East by property of the Masini family, or more correct boundaries; with its airspace and sub-terrain, all bordered in red colour as identified with the letters "A" and "B" on the plan attached to the schedule of deposit as document "A";

Whereas applicants Emanuel Farrugia, Steve Scicluna and Kevin Farrugia have acquired the said property by virtue of a deed in the records of Notary Kristen Dimech dated the 15th June, 2018, in the following shares: Emanuel Farrugia 40%; Steve Scicluna 40% and Kevin Farrugia 20%;

Whereas applicants Philip Bigeni Enterprises Limited on the one hand, and Carmel and Maryanne spouses Bigeni on the other, own inter alia and in equal and undivided shares between them a divided portion of land better known as "Ta' Germida" in the limits of Xagħra, Gozo, having a superficial area of three hundred and seventy-one point fifty-eight square meters (371.58 sq. m), circa or more a correct area, and bounded South in part by property of the said applicants themselves and in part by Triq Karkar, East by property of Emanuel Farrugia, Steve Scicluna and Kevin Farrugia and mentioned above, and West by property of the Sultana family, or more correct boundaries; with its airspace and sub-terrain, as bordered in blue colour and identified with the letters "G" and "E" on the plan herewith attached as document "A";

Whereas applicants Philip Bigeni Enterprises Limited on the one hand, and Carmel and Maryanne spouses Bigeni on the other have acquired the said property in equal and undivided shares between them by virtue of a deed in the records of Notary Kristen Dimech dated the 15th June, 2018;

Whereas both mentioned divided portions of land are identified, jointly, in red colour on the site-plan herewith attached as document "B";

Whereas and as clearly results from the deed in the records of Notary Francesco Gauci and dated the 17th June, 1920, the property mentioned above is subject to an annual and perpetual ground rent of three Maltese cents (Lm0.03), today equivalent to seven euro cents (€0.07) and consequently amounting to the sum of one euro and forty cents (€1.40) when the said sum is capitalised at the rate of five per cent (5%) in terms of law;

The applicants did not succeed in tracing the person to whom this ground rent is entitled to receive the amount of the said redemption;

Therefore, applicants wish to free themselves from any responsibility, and they are thus depositing also all the arrears of ground rent due for these past five (5) years and is thus depositing the amount of thirty-five euro cents (€0.35).

Therefore applicants wish to free themselves from any responsibility and redeem this ground rent and are humbly calling upon this Honourable Court and under its authority are depositing the amount of one euro and seventy-five cents (€1.75) representing redemption of ground rent due in arrears as explained, which amount may be freely withdrawn by whoever has such right after they tender due receipt in full and final settlement.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a declaratory note to accept such an assignment and in default, this court will proceed to nominate an official curator.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.

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

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 15th April, 2019, on the application of HSBC Bank Malta plc (C 3177), Thursday, 20th June, 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 number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

Garage 282, Marshall Place, Triq il-Kampanella, Fgura: property consisting of a garage for business purposes of around two hundred and sixty square metres (260m2), free and unencumbered, at street level, having a narrow yard on the back. There are also toilets and a small store and a small spiral staircase leading to garage number 13, Chanel Drive. The property is valued at three hundred and fifty thousand euro (€350,000).

Garage unofficially numbered 13, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive, of around one hundred square metres (100m2), free and unencumbered, at basement level. There is also a small toilet and a small shaft. The property is valued at one hundred and ten thousand euro (€110,000).

Garage unofficially numbered 16, Chanel Drive, Triq il-Ġiżi, Fgura: property consisting in an 'L' shape with access from Chanel Drive of around one hundred and five square metres (105 m2), free and unencumbered, having an open space at the back which joins with garage number 13 and also having a shaft. The property is valued at one hundred and ten thousand euro (€110,000).

The said tenement is the property of Marshall Limited (C 10331).

N.B. The said tenement will be sold as described in the acts of the judicial sale 44/13.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 25th September, 2018, 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 (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 16th July 2018, whereby they asked the Tribunal to condemn Spiteri Kelly Kylie (ID 124696M) of Blokk E, Flat 6, Triq Xemxija, Marsa, to pay the plaintiff company the sum of €1882.13 which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 317/18SFJ) is deferred on the 29th April, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2019, Application number 486/2019 by Joseph Debono et whereby they prayed that it be declared open in favour of Joseph Debono, Iris Dimech, Evelyn Bartolo, Victoria Abela, Edward Debono and Saviour Debono all brothers and sisters Debono and this in the quota of one sixth (1/6) undivided share each one of them the succession of their brother Lewis Debono, bachelor, son of the late Emanuel Debono and Maria Concetta Debono née Abela, born in Mellieħa, Malta, resided in Mellieħa, Malta and died in Tal-Qroqq, Msida, Malta on the 16th December, 2018, aged 65, who held identity card number 0502953M.

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

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 13th March, 2019, Application number 448/2019 by Carlo sive Charles Ellul, Catherine Rose Muscat and Hector Ellul, brothers and sister Ellul whereby they prayed that it be declared open in  thier favour  in equal shares between them  the succession of their father Carmelo Ellul, widow of Maria Giovanna Ellul nee Gelfo, son of the late Spiridione Ellul and Caterina Ellul nee Cachia, born in Ħal Luqa, resided in Ħal Qormi and died at Tal-Qroqq, Msida, Malta on the 5th August, 2018, aged 93, who held identity card number 0293325M.

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

By a decree of the Small Claims Tribunal of 12th December, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited and this as subrogated in the rights of its insured Methode Electronics Malta Limited (C 664) in terms of a Marine Cargo type of insurance policy and in terms of Law and the same Methode Electronics Malta Limited of La Concorde, Triq Abate Rigord, Ta' Xbiex, filed a Claim on the 4th December, 2018, whereby they asked the Tribunal to condemn Cauchi Transport Services Limited of Caubro Office, Triq Mons. Depiro, Ħamrun, to pay the plaintiff company the sum of €4,592.12 which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim Number 559/18SFJ) is deferred on the 29th April, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals