Court Notices published in Govt. Gazette No. 20,203 of 31st May 2019

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 7th September, 2018, following a request by Ivano Gatt et it was ordered that deputy curators be chosen to represent the unknown owner, owners, heir or heirs in the acts of the schedule of deposit number 1658/2018 in the names Ivano Gatt 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 Ivano Gatt, pensioner, son of Mario and Josephine nee Grech, born in Ħal Lija on the 10th February, 1954, and his wife Joan Gatt, housewife, daughter of Saviour Calleja and Josephine nee Buttigieg, born in Victoria, Gozo on the 21st October, 1953, both residing at 11, Saint Lawrence, Triq Lia, Ħaż-Żabbar (ID 259254M and ID 65154G  respectively) vs Deputy curators to represent the unknown owner, owners, heir or heirs, on the 5th September, 2018, the applicants Ivano and Joan spouses Gatt  respectfully submitted:

That by means of a sale deed in the records of Notary Dottor Joe Cilia of the 26th June, 1991 (Doc. A), the said Ivano Gatt acquired the tenement and the garage underlying the said tenement,  with official number 11, previously without number, and together they hold the name Saint Lawrence, in Triq Lia, Ħaż-Żabbar that together are  subject to the annual and perpetual ground rent of Lm0.01,7 equivalent to €0.04 free and unencumbered  with all the rights and appurtenances, including its airspace.

The applicants wish to avail themselves of the option in Article 1501 of Chapter 16 of the Laws of Malta and thus redeem the annual and perpetual ground rent above mentioned.

The amount of Lm0.01,7 equivalent to €0.04 capitalised at the rate of 5% amounts to €0.80.

Thus  the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €0.80 the amount of the annual and perpetual groundrent, together with the sum of €4.00, representing the groundrent arrears that is for 5 years, together amounting to €4.80, which amount may be freely withdrawn by the respondents as a redemption of payment of the groundrent above mentioned, after leaving the relative receipt according to law.

Depositors:  

Ivano and Joan Gatt, 11, Saint Lawrence, Triq Lia, Ħaż-Żabbar

Service:  

Deputy Curators, Law Courts, Valletta

Director Public Registry (Searches Unit), Triq il-Merkanti, 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. Mr Justice  Noel Cuschieri, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

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 28th February, 2019, following a request by Carcas Developments Company Limited it was ordered that deputy curators be chosen to represent the owner or his predecessors in title of the ground floor tenement with number 3, Triq Żebra, Birżebbuġa in the schedule of deposit number 421/2019 in the names Carcas Developments Company Limited 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 Carcas Developments Company Limited (C 4726) and with the registered office of 2, Triq Żebra, Birżebbuġa vs deputy curators for and on behalf of the owner or his predecessors in title of the premises number 3, Triq Żebra, Birżebbuġa, on the 27th February, 2019, the applicant Carcas Developments Company Limited (C 4726) respectfully submitted:

That by means of a deed in the records of Notary Joseph Sciberras dated 13th December, 1979, the applicant company acquired the groundfloor tenement number 3 in Triq Żebra, Birżebbuġa and this as better shown in the site plan here attached and marked as Document A and which property today forms part of the premises Seabreeze Hotel, number 44, Triq Żebra, Birżebbuġa;

That in terms of the same contract it was declared that the premises is subject to the annual and perpetual ground rent of Lm0.12,5 equivalent to €0.28;

The applicant company wishes to redeem the ground rent of this property by availing itself of the option in Article 1501 of the Civil Code;

The amount of €0.28 capitalised at the rate of 5% amounts of €5.60;

It is being declared that after searches were carried out, the applicant company cannot trace the direct owner and thus with this present schedule of deposit it is filing an application for the appointment of deputy curators.

Thus the applicant company is calling upon this Honourable Court and under its authority is depositing the amount of €7 representing as for €5.60 as the annual and perpetual ground rent and the amount of €1.40 representing the last five years of ground rent, which amount may be freely withdrawn by the respondents after leaving the relative receipt.

Service: 

Deputy curators, Law Courts, Valletta

Director Public Registry, Triq id-Dejqa, Valletta

Lands Registrar, Casa Bolina, 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. Mr Justice Toni Abela, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 7th May, 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 7th May, 2019, in the records of the schedule of deposit and redemption of ground rent number 98/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Michael Zammit, retired, holder of identity card number 15548G appearing in his own name and on behalf of his brother residing abroad Ignazio Zammit, retired, holder of identity card number 95246G, as duly authorised by virtue of a power of attorney deposited with Notary Doctor Nicolette Vella; Rose widow of Michael Borg, employed, holder of identity card number 85049G, Mary Carmen known as Carmen wife of Joseph Bezzina, staff nurse, holder of identity card number 8552G, Giovanni known as John Zammit, technician, holder of identity card number 37660G, Charmaine wife of Konrad Galea, housewife, holder of identity card number 174674M, Jean Paul Formosa, Police sergeant, holder of identity card number 588581M; Kenneth Grech, clerk, holder of identity card number 511976M, who is appearing on behalf of his minor sons Clyde and Kaden siblings Grech, both students, holders of identity card numbers 92404L and 249706L respectively, as duly authorised by virtue of the legal hypothec number twenty-two stroke two thousand and sixteen (22/2016); versus a deputy curator to represent the unknown heirs of Michaelangelo Zammit who is the owner of the direct dominium mentioned in this schedule of deposit and this in the records of the schedule of deposit and redemption of ground rent mentioned, filed on the 7th May, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicants are the owners of the property, or rather a townhouse, found at number three (3) in Alley Number One (1) in Triq il-Ħamrija, Xewkija, Gozo, measuring seven hundred and eleven square metres (711sq.m.) better shown on the site plan hereto attached and marked as Document A;

That the house was originally owned by Michaelangelo and Giuseppa siblings Zammit, children of Ignazio Zammit, who had acquired the same property by virtue of a deed of sale dated third (3) October of the year nineteen thirty-nine (1939) published in the acts of Notary Francesco Refalo (Document B);

That by virtue of the deed dated twenty-sixth (26) October of the year nineteen thirty-nine (1939) published in the acts of Notary Francesco Refalo (Document C), Michaelangelo Zammit had conceded unto Giuseppe Zammit father/grandfather of the applicants a half undivided share of the property above-described by title of annual and perpetual non-revisable emphyteusis. The groundrent imposed was that of two pounds sterling, which eventually became two Maltese Liri (Lm2), today equivalent to four euro and sixty-six euro cents (€4.66);

That the applicants are the successors in title of Giuseppe Zammit and the property in question was duly included by the applicants in the declaration causa mortis relative to Giuseppe Zammit dated thirty-first (31st) August, 1998, and published in the acts of Notary Doctor Herbert Cassar (Document D);

That therefore, while one-half undivided share of the property is free from groundrent, the other half undivided share is subject to four euro and sixty-six euro cents (€4.66) groundrent which is annual, perpetual and not revisable, previously two Maltese Liri (Lm2). This groundrent is due to the heirs of Michaelangelo Zammit, whose identity and whereabouts are unknown to the applicants;

That arrears of groundrent are due for the past five years, which arrears amount to twenty-three euro and thirty euro cents (€23.30);

That the applicants wish to avail themselves of the faculty given to them by Article 1501 of the Civil Code and redeem this groundrent of four euro and sixty-six euro cents (€4.66) burdening the half undivided share of the property above-described in this schedule, and this due to the fact that the other half undivided share is not burdened by any groundrent as explained above;

That the groundrent due by the applicants capitalised at five per cent (5%) amounts to a total of ninety-three euro and twenty euro cents (€93.20).

Thus the applicants, wishing to free themselves from any responsibility, are humbly calling upon this Honourable Court, and under its authority are depositing the global sum of one hundred and sixteen euro and fifty euro cents (€116.50) representing in so far as the amount of twenty-three euro and thirty cents (€23.30) arrears of groundrent, whilst the remaining ninety-three euro and twenty cents (€93.20) being the redemption of groundrent burdening the property described above. The sum deposited may be freely withdrawn by the person entitled to such as long as due receipt according to law is tendered.

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.

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Paul Coppini, LLD, a Magistrate of the said Court.

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals