Court Notices published in Govt. Gazette No. 20,175 of 23rd April, 2019
Notice 579
579By means of a decree given by the Court of Appeal, on the 14th December, 2018, in the records of the Application in the names Victor Zammit and by decree of the 19th November, 2015, there were added the words ‘and on behalf of Target Furniture Ltd’, Application Number 80/12, the following publication was ordered for the purpose of service of the respondent Victor Zammit pro et noe, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Appeal Application, in the names Jane Rocco vs Victor Zammit and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furnitute Ltd’, on the 31st July, 2017, the applicant Jane Rocco (ID 127337M) respectfully pleaded:
That the interpellant presented an Application in the Rent Regulation Board which reads as follows:
That Victor Zammit takes on lease from the interpellant the premises number twenty-seven, 27, Triq Ħal Qormi, Marsa, which is operated as a furniture shop and bears the name ‘Target’ (Furniture);
That the interpellant has already instituted procedures against the same Victor Zammit pending before this Board for eviction;
… omissis …
That during the proceedings for eviction the respondent opened a shop which is her property, 27, Triq Ħal Qormi, Marsa, as a shop from where there are purchased food items and snacks and drinks and this under the name ‘Over the Top Snack Bar’;
That thus the respondent Victor Zammit clearly violated another condition of the lease.
Thus, the interpellant respectfully prays this Board to declare that the respondent violated a condition of the lease and 2) order the eviction of Victor Zammit from the premises 27, Triq Ħal Qormi, Marsa.
That the respondent Victor Zammit contested the applicant’s demand.
That in his reply the respondent admits that the sole restriction that the respondent has is that he cannot use the premises as ‘take away’ or ‘grocer’.
That by means of a judgement given on the 13th July, 2017, the Rent Regulation Board rejected the applicant’s demands, with costs against her, after making the foflowing observations:
That in the first place as regards the minutes of the sitting of the 24th November, 2014, the Board orders that they be communicated to the Commissioner of Police in order that the allegations made by the applicant be investigated according to law.
… omissis …
That as already established in our jurisprudence, structural changes that can be put back at the end of the lease should not bring about to the loss of the lease.
… omissis …
That the respondent strongly denies that the premises be used as a ‘take away’ or ‘grocery’; on the contrary the premises is being used as a bar frequented by people, which is a different concept from that of ‘take away’.
… omissis …
Thus, the Board is rejecting the plaintiff’s demands with costs against her.
That the applicant felt aggrieved by the preceeding judgement of the Rent Regulation Board and is thus filing this appeal.
The facts of the case in brief are the following:
The facts:
The relevant facts included the shop sign. The sign reads ‘Over the Top Snack Bar’. There does not remain too much room for imagination - the shop was used and is being used as a ‘Snack Bar’.
The proof brought:
The Board stated that no proof as regards the use was brought. This is with the utmost respect incorrect. The photo exhibited shows that the sign provided and fixed by the respondent himself reads ‘Over the Top Snack Bar’, thus there is an admission that the premises leased is being used as a ‘Snack Bar’ and this is undisputable proof.
The legal considerations:
Now the Board let also this pass. With the due respect the Board had the obligation to order the taking back of the possession from the owner, in these unequivocal circumstances of decietful behaviour on the part of the respondent lessee.
… omissis …
That thus the Rent Regulation Board not only failed to order the taking back because the respondent violated the restriction and opened the shop and used it as a ‘Snack Bar’, a category of use which he was prohibited from making because he could not open as a ‘takeaway’ but he failed to order the taking back when it had before it clear and undisputable proof that Victor Zammit made a false declaration that he is the owner of the premises, when he is only the lessee.
… omissis …
Thus the interpellant whilst filing an appeal from the judgement of the 13th July, 2017, in the names ‘Jane Rocco vs Victor Zammit’ and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furniture Ltd’ given by the Rent Regulation Board and respectfully prays that the Court reforms the judgement appealed by confirming it only in that part where the Board ordered that the minutes of the sitting be notified to the Commissioner of Police and revoke and cancel the rest and pass on to take back possession of the premises in favour of the applicant Jane Rocco, with costs against Victor Zammit and Target Furniture Limited.
Whereas the written procedures in the cause before the Court of Appeal, between Jane Rocco vs Victor Zammit and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furniture Ltd’, the Court fixed the hearing of the cause on the 25th February, 2019, at 9.30 a.m. and deferred to Monday twenty-third (23) of October, 2018, at 10.15 a.m. and deferred to 30th April, 2019, at 9.30 a.m.
Respondent: Victor Zammit, Target Furniture Limited, 47-49, Triq Ħal Qormi, Ħamrun or 13, Dessie, Triq is-Sajjieda, Mellieħa
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 580
580By means of a decree given, by the Court of Appeal (Rent Regulation Board), on the 7th January, 2019, in the records of the Application in the names Victor Zammit and by decree of the 19th November, 2015, there were added the words ‘and on behalf of Target Furniture Ltd, Application Number 142/10, the following publication was ordered for the purpose of service of the respondent Victor Zammit pro et noe, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Appeal Application, in the names Jane Rocco vs Victor Zammit and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furnitute Ltd, on the 31st July, 2017, the applicant Jane Rocco (ID 127337M) respectfully pleaded,
That the interpellant, presented an Application in the Rent Regulation Board which reads as follows;
That Victor Zammit takes on lease from the interpellant the premises number twenty-seven, 27, Qormi Road, Marsa, known as Liverpool Bar;
That the interpellant wants to take her premises back because she does not agree to the adjoining of the premises without her consent;
… omissis …
That the interpellant asked the above mentioned Honourable Board to order the respondent Victor Zammit to vacate the premises 27, Qormi Road, Marsa;
… omissis …
That by means of a judgement given on the 13th July, 2017, the Rent Regulation Board rejected the applicant’s demands,with costs, against her, after making the following observations;
‘That in the present cause the applicant is demanding the taking back of the premises because it was adjoined by the respondent with property of third parties without her consent;
… omissis …
That as it is well established in our jurisprudence, structural changes that can be put back at the end of the lease should not bring about the loss of the lease’;
… omissis …
Thus, the Board is rejecting the plaintiff’s demands with costs against her;
That the applicant felt aggrieved with the above-mentioned judgement of the Rent Regulation Board and is thus filing this appeal;
The facts in brief are these;
That the respondent manifestly did not respect the conditions of the lease. In the first place he adjoined the premises leased with another permises of third parties. This other premises was closed by the Police due to activities against the law. Thus, the respondent endangered the premises granted to him by title of lease;
… omissis …
That the grievance of the interpellant is clear and manifest and consists of the following:
1.That with the utmost respect the question that the Board has before it in this application is not one of structural changes ‘sic et simpliciter’ but a question of adjoining one premises with another premises which was closed by the Police. Because the view of the Board on this question was mistaken;
… omissis …
2. That the second grievance of the interpellant is contrary to that upheld by the Board in the Judgement appealed it is a grievous fact that adjoining is made with a premises which belongs to third parties;
… omissis …
That in the present dispute it was not the case that the respondent fixed a WC in the place and the necessary plumbing for this purpose. The dispute is that the respondent adjoined the premises leased to him with another place belonging to third parties which furthermore was closed following an order of the Police;
… omissis …
The Principle of Jurisprudence is that adjoining cannot be made with premises which belong to third parties;
That the applicant is a woman who is over eighty years old and the rent which she is supposed to receive from this premises forms part of the means of her living;
That the judgment appealed rewards the respondent and penalised the owner of the premises because she took judicial action against abusive and deceitful action of the lessee.
… omissis …
Thus, the interpellant whilst filing an appeal from the judgement of the 13th July, 2017, in the names ‘Jane Rocco vs Victor Zammit’ and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furniture Ltd’ given by the Rent Regulation Board and respectfully prays that the Court reforms the judgement appealed by confirming it only in that part where the Board ordered that the minutes of the sitting be notified to the Commissioner of Police and revoke and cancel the rest and pass on to take back possession of the premises in favour of the applicant Jane Rocco, with costs against Victor Zammit and Target Furniture Limited.
Whereas the written procedures in the cause before the Court of Appeal, between Jane Rocco vs Victor Zammit and by decree of the 19th November, 2015, there be added the words ‘and on behalf of Target Furniture Ltd, the Court fixed the hearing of the cause on the 12th November, 2018, for pleading at 10.30 a.m., and deferred to the 7th January, 2019, at 11.00 a.m., and deferred to the 25th February, 2019, at 9.30 a.m., and deferred to 30th April, 2019, at 9.30 a.m.
Respondent: Victor Zammit, Target Furnitute Limited, 47-49, Qormi Road, Ħamrun;
or 13, Dessie, Triq is-Sajjieda, Mellieħa
ADV. FRANK POORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
581Republic 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 Advocate Dr Rita Mifsud noe it was ordered that deputy curators be chosen to represent the absent Simon David Cook in the records of the application number 276/2019SM in the names Advocate Dr Rita Mifsud noe vs Deputy Curators and in the other relative and subsequent acts.
By means of a sworn application, filed in the First Hall of the Civil Court, in the names Advocate Dr Rita Mifsud (ID 472696M) as special mandatary of the absentee Teresa Le Roux (English passport number 532894308) vs Deputy Curators to represent the absent Simon David Cook, on the 13th March, 2019, the applicant Advocate Dr Rita Mifsud (ID 472696M) as special mandatary of the absentee Teresa Le Roux (English passport 532894308) respectfully requested and confirmed on oath:
That by means of a judgment given on the 24th April, 2017, of the 42nd Circuit Court for the County of Midland, in the state of Michigan in the United States, case number 16-3774-DM-C, the marriage between the applicant nomine and the defendant was dissolved and a divorce between the parties was pronounced (copy of the judgment is attached and marked as Doc. A);
By means of the said judgment, the applicant nomine was assigned a share of 50% of the policy known as Dow Corning Limited (UK) Employees’ Pension Plan, which assignment had to be done by a Qualified Domestic Relations Order which is to be considered as an integral part of the same judgment;
That the same policy was converted into another policy known as STM Malta (US) Retirement Plan, which was divided into two separate and distinct accounts;
By means of the Second Amended Qualified Domestic Relations Order of the 23rd October, 2018 (copy attached and marked as Doc. B) the applicant nomine was assigned the policy in the account known as STM Malta (US) Retirement Plan PF793641 representing her share from the division of the matrimonial assets as decided in the said judgment of the 24th April, 2017;
That the said judgments of the 24th April, 2017, and of the 23rd October, 2018, where given by a competent Court and are final;
The applicant nomine has interest to render the said jugdments enforceable in Malta and this such that the policy which is in Malta can be transferred into her name;
The applicant nomine knows about these facts personally;
So, this law suit had to be made;
Thus, the applicant nomine, for the reasons above mentioned, requests with respect this Honourable Court:
1. In terms of Article 826 of Cap. 12 of the Laws of Malta, to order the execution in Malta of the judgments given on the 24th April, 2017, and on the 23rd October, 2018, from the 42nd Circuit Court for the County of Midland, in the State of Michigan, in the United States, by means of which the applicant nomine was assigned the policy known as STM Malta (US) Retirement Plan PF793461;
2. Consequently orders that the policy known as STM Malta (US) Retirement Plan PF793461 be assigned in its entirety to the applicant nomine.
With costs against the respondent who is summoned so that a reference to his oath be made.
The application number 276/2019SM in the names Advocate Dr Rita Mifsud noe vs Deputy Curators is appointed to the 21st May, 2019, at 9.00 a.m., before Judge Silvio Meli, LLD.
Notification:
Applicant: 36, Triq l-Arċisqof, Valletta
Notification: Deputy Curators, Law Courts, Valletta
You are therefore ordered to affix an official copy of these banns 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. Madam Justice Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 582
582By means of a decree given by the Civil Court First Hall on the 21st March, 2019, in the records of the Sworn Application in the names Cantieri Navale Basilio Postigliole S.R.L. vs MY Bizzy, Application Number 488/18 AF, the following publication was ordered for the purpose of service of the party called into the cause Gordon Debono, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application filed in the First Hall Civil Court in the names Cantieri Navale Basilio Postigliole S.R.L. (a company registered in Italy with fiscal code 08322551212), by means of the decree of the 24/5/18 the Court ordered the correction in the heading to read ‘Cantiere Navale Basilio Postiglione S.R.L. vs MY Bizzy’ (registered in Antwerp, Belgium, with number 57505) on the 16/1/19 the Court upheld the request and ordered that there be called into the cause Gordon Debono and Salvatore Montagna, on the 17th May 2018 the applicant company Cantieri Navale Basilio Postigliole S.R.L. (a company registered in Italy with fiscal code 08322551212) as corrected by the decree of the 24/5/18 abovementioned and as represented by the Special Mandatary Adv. Dr Robert Tufigno, premised and asked this Honourable Court:
That the applicant company is a creditor of the respondent yacht in the sum of €131,760.00 representing price for works and services carried out on the yacht ‘Bizzy’ or in connection with it.
That this yacht is the property of Marie Louise Attard who did not pay the amount due despite being called to pay.
In view of the premised the applicant company as represented by its Special Mandatary asked the Court above mentioned:
1. To condemn the respondent to pay the applicant company the sum of €131,760.00 due to it as price of works and services carried out on the respondent yacht abovementioned in the application or in connection with it and this as appears from the invoice exhibited Doc. A.
With legal interest till the date of effective payment and costs as demanded in the application
The Sworn Application in the names Cantieri Navale Basilio Postigliole S.R.L. vs MY Bizzy, Application Number 488/18 AF, has been deferred for hearing to the 30th April, 2019, at 9.30 a.m.
Applicant: Via Diomede Carafa 34/A – 80124, Naples, Italy
Respondent: MY Bizzy, Kalkara Marina, Malta
Service on the owner of the yacht: 156, Triq Ġużè Ellul Mercer, Swatar
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 583
583By decree given by the Civil Court, First Hall on the 15th November, 2018, on the application of HSBC Bank Malta plc (C 3177), Thursday, 9th May, 2019, at half past ten in the morning (10.30 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.
Apartment internally marked number two (2), situated on the second floor, forming part of a block of apartments named Redentur Flats, in Triq Salvu Busuttil, San Ġwann, bounded on the North by the same road, on the East by the stairwell of the same block and in part by property of the successors in title of John Gracey, on the West by property of the successors in title of John Gracey and half undivided share of the stairwell that leads to the said apartment together with his half undivided share of the roof, subject to annual and perpetual ground rent of ninety-three euro cents (€0.93) each year as described in the public contract in the acts of Notary George Bonello Dupuis dated eighteenth (18th) September, one thousand nine hundred and eighty-five (1985) valued at one hundred ninety-five thousand euro (€195,000).
Temporary utile dominium of the terraced house officially numbered sixty-eight (68), built on a portion divided of land plot number four hundred and thirty-nine (439) in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of one hundred and twenty-one euro and thirteen euro cents (€121.13) per year. The ground rent ending the twenty-fifth year period from the sixth (6th) March, one thousand, nine hundred and eighty-eight (1988) is revisible every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated seventeen (17th) November, one thousand nine hundred and ninety-nine (1999), by which the said property was acquired from the Housing Authority, valued at seven hundred and twenty thousand euro (€720,000).
The said tenement is the property of Curmi Martin (ID 559564M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2018.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 584
584By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 29th March, 2019, Application number 562/2019 by Giovanna Fenech whereby she prayed that it be declared open in her favour the succession of her father Joseph Mizzi, husband of Rita née Caruana, son of Raphael Mizzi and Antonia née Sciberras, born in Cospicua, Malta and died in Tal-Pietà, Malta on the 26th March, 1983, aged 59, who held identity card number 563823M.
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
Notice 585
585By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th March, 2019, Application number 537/2019 by Alfred Grech and Maria Elena Brincat-Lisano née Grech whereby they prayed that it be declared open in their favour in equal shares between them the succession of their sister Maria Carmela Grech, unmarried, daughter of the late Giuseppe Grech and Giulia née Vella, born in Tas-Sliema, Malta, resided in Tas-Sliema, Malta and died in Floriana, Malta on the 3rd November, 2018, aged 85, who held identity card number 642833M.
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
Notice 586
586It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the eleventh (11th) of April of the year two thousand and nineteen (2019) (Application number 35/2019JVC) by Ivan Vella and others requested the opening of the succession of Joseph Vella, son of the late Franġisk Vella and Victoria nee Zammit, born and used to reside in Xewkija, Gozo, died in Rabat, Gozo, on the twentieth (20) of June of the year two thousand and eighteen (2018), intestate, and therefore his succession devolved as to one half (1/2) undivided share in favour of his wife Pawla Vella and as to one half (1/2) undivided share in favour of his children. By a note of renounciation filed in the Registry of this Honourable Court on the third (3rd) of August of the year two thousand and eighteen (2018) his wife Pawla Vella renounced her husband’s inheritance and therefore the opening of succession is to be made in favour of his three children Ivan, Mark and James, siblings Vella as to one third (1/3) undivided share each.
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.
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
Notice 587
587By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 27th March, 2019, Application number 551/2019, by Carmen Bonnici whereby she prayed that it be declared open in her favour in its entirety the succession of her mother Mabel Farrugia, widow of Anthony Farrugia, daughter of the late Antonio Malla and Maria Concetta Mallia née Fenech, born in Siġġiewi, Malta, resided in San Pawl il-Baħar and died in Tal-Qroqq, Msida, Malta on the 24th November, 2018, aged 90, who held identity card number 0798327M.
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
Notice 588
588By means of a decree given by the Civil Court (Family Section) on the 30th May, 2018, in the records of the Application in the names Gulino Giovanni vs Marshall Bridgette, Application Number 192/18 AL, the followiung publication was ordered for the purpose of service of the respondent Bridgette Marshall, 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 Giovanni Gulino (ID 17893A) vs Bridgette Marshall (ID 2272M) on the18th April, 2018, the applicant Giovanni Gulino (ID 17893A) asked this Honourable Court:
1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in the application.
The Application in the names Gulino Giovanni vs Marshall Bridgette, Application Number 192/18 AL, has been deferred for hearing to Wednesday, 8th May, 2019, at 9.15 a.m.
Respondent: Bridgette Marshall, Sunflower House, Airport Way, Triq Ħal Tarxien, Ħal Luqa
Registry Civil Courts (Family Section) today 18th April, 2019
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 589
589By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 21st March, 2019, Application number 503/2019 by Elias Bonello et whereby they prayed that it be declared open in favour of Elias Bonello, father of the decujus, in the quota of one fourth (1/4) undivided share; in favour of Vincenza Bonello, mother of the decujus, in the quota of one fourth (1/4) undivided share; and in favour of Catherine sive Kathleen Bonello, sister of the decujus, in the quota of one half (1/2) undivided share the succession of Joseph Bonello, bachelor, son of Elias Bonello and Vincenza née Gauci, born in Ħ’Attard, resided in Mosta and died in Tal-Qroqq, Msida, Malta on the 30th August, 2018, aged 53, who held identity card number 325865M.
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
Notice 590
590By a decree of the 11th October, 2016, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12).
That by an applications filed by BNF Bank previously Banif Bank (Malta), with the registration number C 41030, on the 27th February, 2019, is asking for the withdrawal of the amount of €27,860.01 deposited by Schedule of Deposit number 201/18 in the acts of judicial sale file number 14/16 in the names BNF Bank previously Banif Bank (Malta) with the registration number C 41030 vs Comprod Group Ltd (C 28020), Roderick Falzon (ID 328877M) and Natasha Falzon (ID 193480M). The Court ordered the notification of this application to the counterparties with ten working days period to reply.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 591
591It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 15th of April, 2019, and this after a written plea numbered 194/2019, ordered:
The correction of the Act of Marriage of Eduard Omaru and Johanna Borg, bearing number 2817 of the year 2018, under the column entitled “Particulars of the Spouses - Name and Surname”, the surname “Omoregbe” is to be inserted following the word “Omaru”, and in the column entitled “Date and Place of Birth”, the words “Geneina, Darfur, Sudan” are to be cancelled and replaced with the words “Benin City, Edo State, Nigeria”.
JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts
Bann for Curators
592Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 4th April, 2019, following a request by Golden Harvest Manufacturing Company Limited, it was ordered that deputy curators be chosen to represent the unknown owners in the acts of the schedule of deposit number 614/2019 in the names Golden Harvest Manufacturing Company Limited (C 176) 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 Golden Harvest Manufacturing Company Limited (C 176) vs Deputy curators to represent the unknown owners, on the 3rd April, 2019, the applicant Golden Harvest Manufacturing Company Limited (C 176) respectfully submitted:
The applicant company is the owner of the premises number 60A, Triq Mrabat, which premises has other doors with number 60 in Triq Tonna and another door without number in Triq Mrabat, Tas-Sliema, and this according to the deed of sale dated 26th July, 1977, in the acts of Notary Maurice Gambin, as subject to the annual and perpetual groundrent of 87c5m equivalent to €2.04, otherwise free and unencumbered (Doc. A);
The applicant company acquired the said premises from Carmelo Grima, who had bought the property from Giuseppina Cuschieri by means of a deed of sale in the acts of Notary Mario Bonello of the 26th June, 1976;
Giuseppina Cuschieri had acquired this property by means of a division that occured between the siblings Cuschieri, children of Antonio, in the acts of Joseph F. Abela of the 7th July, 1952, this property formed part of a block of buildings consisting of four tenements marked as 57, 58, 59, 60 in Triq Tonna, formerly 8, 9, 10, 11 in Strada Tonna formerly 34, 35, 36 and 37 altogether subject to an annual and perpetual groundrent of three pounds and ten shillings, part of a entire groundrent of sixteen pounds. This property came from the inheritance of the father of Giuseppina, Antonio Cuschieri, that had bought from Emmanuel Frendo by means of an act in the acts of Notary Francesco Schembri Zarb of the 9th March, 1918;
That Emmanuel Frendo bought from Luigi Aveta in the acts of Notary Enrico Saydon of the 4th June, 1917. Paolo Fenech has sold to Maritime Captain Luigi Aveta the properties with number 31, 32, 33 and 34, Strada Tonna, Tas-Sliema, in the acts of Notary Giovanni Battista Saydon on the 25th June, 1888;
That the groundrent results from the contract in the acts of Notary Salvatore Galea Balzan of the 1st May, 1886, by means of which Paolo Fenech acquired the perpetual emphyteutical consession from Lorenzo Camenzuli of a piece of land of about 280 square canes, on part of which the block of building was built, and eventually were numbered 31, 32, 33 and 34 today numbers 57, 58, 59, 60 Triq Tonna, Tas-Sliema, at the annual and perpetual groundrent of sixteen pound sterling (Doc. B);
The applicant does not know and cannot find out the identity of the direct owners of the said premises today;
The applicants wish to avail themselves of the option in Article 1501 of Cap. 16 of the Laws of Malta and thus redeem the groundrent;
The amount of €2.04 capitalised at the rate of 5% amounts to €40.80;
That the applicant is depositing also the groundrent due for these last five years that amount to €10.20;
Thus the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €50.68 , which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.
Applicant:
UB21, Industrial Estate, San Ġwann
Service:
1. Courts of Malta, Valletta
2. Director Public Registry, 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, abovementioned, with the witness of the Hon. Justice Mark Chetcuti, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 593
593NOTICE - REGISTRY OF THE CIVIL COURT, FIRST HALL
Whereas Andrew Manduca et (ID 0079864M) filed an application under oath (No. 382/2019/LSO) demanding correction in the Acts of Birth Nos: 2346/1993 and 798/1964 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 the Registrar, Civil Courts and Tribunals
Notice 594
594By means of a decree given by the Civil Court (Family Section) on the 11th March, 2019, in the records of the Sworn Application in the names Alimi Suzanne vs Alimi Adel, Application Number 23/19 JPG, the following publication was ordered for the purpose of service of the respondent Adel Alimi, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application, filed in the Civil Court (Family Section) in the names Suzanne Alimi (ID 120764M) vs Adel Alimi (ID 412996M) on the 28th January, 2019, the applicant Suzanne Alimi (ID 120764M) asked this Honourable Court:
1. In order to attach the deeds of Mediation between the parties, to declare and order the personal separation between the parties due to reasons mentioned in the application, pronounce the divorce between the parties and consequently declare the dissolution of the marriage in terms of Article 66C of Cap. 16 of the Laws of Malta and uphold the other demands in the application.
With costs against the respondent, from now summoned so that a reference to his evidence be made
The Sworn Applicaction in the names Alimi Suzanne vs Alimi Adel, Application Number 23/19 JPG, has been deferred for hearing to the 15th May, 2019, at 9.15 a.m.
Respondent: 48, Flat 2, Triq it-Torri, Tas-Sliema
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals