Court Notices published in Govt. Gazette No. 20,241 of 30th July 2019
Bann for Curators
1107Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 12th April, 2019, following a request by HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent Zusina Valeria in the judicial sale by auction number 29/2019 in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.
By means of an application for the issuing of a Warrant of Seizure on immovable property filed on the 5th June, 2019, HSBC Bank Malta plc (C 3177) vs deputy curators to represent Zusina Valeria (Russian passport number 63No3729146), requests with respect:
That by means of a contract of subrogation published in the records of Notary Dr David Borg of the 7th December, 2017, the applicant company paid the sum of €3,544.42 to Spinola Developments Company Limited (C 331) as the amount due by Valeria Zusina and was subrogated with hypotec rights regarding the hypotec i.18143/2017 above mentioned (copy of the contract here attached);
That the respondent, although duly solicited to pay her debt by means of a judicial letter above mentioned remained in default;
Amongst the property owned by the respondent there is:
1. The apartment internally marked as number 92 on the 9th level on the eighth floor marked as from the side of the Marina forming part of a block of 18 apartments and penthouse that have a common entrance numbered 23 on a private road in Portomaso Development, which block has a common entrance, which block of apartments described forms part of a bigger residential complex, all built on property of Spinola Developments Company Limited which complex is without number but has the name of Portomaso of about 31 acres and with access from Triq Spinola and Triq il-Knisja, St Julian's and which extends till the foreshore on the land of Hilton International Hotel facilities of Business Complex, residential complex and utilities/facilities that are being built. This apartment is subject to servitudes on or in favour of other apartments in the block, the common area of the block, overlying and circulate the block as it results and necessary from its position in the block, including the window and galleries servitudes and the right of passage of the necessary services, pipes, drains and wiring of the block and of the overlying properties, including the use of the services that may pass from underneath and/or overlying the apartment in the block, and also that pass from the underground garage and/or facilities in toto of Spinola Developments Company Limited. The respective owners of each apartment and its administrator or his delegate has excess for the services that are for the benefit or exclusive or common with others for the intention of maintenance and proper upkeep. If the access of the services is from the apartment, its owner and its occupier has to be warned before with a reasonable notice, but in case of emergency the owner or occupier may enter this apartment without any notice as better described in the contract of the 17th November, 2007, in the records of Notary Dr Remigio Zammit Pace (Doc. HSBC 3); and
2. The garage parking space number 3418 of measurement of about 11.5m² and with height of 2.2m in garage level minus three (-3) with access of the common drive-in and all the internal roads all built on the site known as Portomaso with its rights and appurtenances including the excess not interrupted of the rest of the original time from the access of the common drive-in and internal roads that give on the internal roads, drive-in and internal roads that abuts from the same garage space and subject to the annual and temporary groundrent of 20c and subject to servitudes of drains and drainage pipes, and also for other services that Spinola Developments Limited may need to serve all the complex and which garage space has to remain open as assigned to Valeria Zusina and without any way be closed or built; and Spinola Developments Company Limited keep the right for access of the garage space for all necessary installation and maintenance during all the period of the groundrent. This garage bounds with property of Spinola Developments Limited or its successors as better described in the contract dated 17th November, 2007, in the records of Notary Dr Remigio Zammit Pace (Doc. HSBC 3);
That in terms of Article 305 of Cap. 12 of the Laws of Malta the applicant is exhibiting a copy of the searches of the respondent company from where there results several hypotecs that may burden the premises in judicial sale.
Thus, the applicant company requests with respect this Honourable Court:
a) Orders the issue of the warrant of seizure and orders the judicial sale of the property as described in the application;
b) Appoints a Court expert to accede on the place and make its valuation that has to include documents of the rent for which the premises are subject;
c) Fix a day, time and place for the sale of the mentioned property and to satisfy the amount due above mentioned.
Applicant: 32, 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, above mentioned, with the witness of the Hon. Dr Robert G. Mangion, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1108
1108By means of a decree given by the Civil Court (Family Section) on the 23rd January, 2019, following a request of Pamela Allmark, it was ordered that deputy curators be chosen to represent the absent Karl Allmark, in the records of the Sworn Application 26/19 JPG, in the names Pamela Allmark vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the Civil Court (Family Section) in the names Pamela Allmark (ID 205368M) vs Deputy Curators to represent Karl Allmark (ID 0072317A) on the 19th January, 2019, the applicant Pamela Allmark (ID 205368M) asked this Honourable Court:
1. To declare the marriage between the parties, who married on the 1st September, 2004, dissolved for all intents and purposes of law in terms of Article 66A (1) Cap. 16, and uphold the other demands in the application.
Notify with the bann: Hely Migur, Flat 6, 9, Triq Tigne, Tas-Sliema SLM 3172
Interpellant: Pamela Allmark, Sunsyl, 18, Triq Ċikku Bonaci, Birkirkara, BKR 4043
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, this Court will proceed to the selection of Curators of Office.
And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.
Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Robert G. Mangion LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1109Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 4th October, 2018, following a request by Rosanna Caruana et it was ordered that deputy curators be chosen to represent the unknown emphyetuetical owners in the acts of the schedule of deposit number 1856/2018 in the names Rosanna Caruana et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court, in the names Rosanna Caurana sive Rosanne, unmarried (ID 81965M), born in Tal-Pietà, and Martin Caruana (ID 92473M), bachelor, born in Tal-Pietà, siblings, children of Anthony Caruana and Rosaria sive Rose nee Cassar vs Deputy curators to represent the unknown emphyeteutical owners, on the 3rd October, 2018, the applicants Rosanne Caruana (ID 81965M) and Martin Caruana (ID 92473M) respectfully submitted:
That together with their brother Raymond Caruana the applicants inherited the garage without number named White Garage, in Triq is-Salvatur, Marsaxlokk, lying under property of third parties, bounding with the North with the road, from the East with Triq Arznell and from the West with the estate of Grazio Bugeja or his successors and this as shown in the causa mortis dated 16th December, 2008, in the reords of Notary Patricia Hall, copy of the said deed is here attached and marked as Doc. A;
The applicants Rosanne Caruana and her brother Martin Caruana bought the share of the garage White Garage in Triq is-Salvatur, Marsaxlokk, Malta belonging to their brother Raymond Caruana by means of a contract of sale dated 16th December, 2009, in the records of Notary Patricia Hall, a copy of which is attached and marked as Doc. B;
That by mistake in the said two notarial acts dated 16th December, 2009, in the records of Notary Patricia Hall, the said garage was listed as subject to the annual and perpetual groundrent of €23.29 whilst its real groundrent is that of the annual and perpetual groundrent of Lm2 equivalent to €4.66 and this as shown from a division that was made on the 5th April, 1991, in the acts of Notary Dr Paul Pullicino a copy of the said deed is here attached and marked as Doc. C;
Because of the said mistake, the amount of groundrent shown in the contract causa mortis as explained in the above paragraphs, which causa mortis contract is here attached and marked as Doc. A, and also the contract of sale and transfer from the depositors for the share of their brother Raymond Caruana as mentioned in the above paragraphs and as shown in the same contract here attached and marked as Doc. B, the depositors together with their brother Raymond Caruana (ID 263668M) came forward for the correction of the deed dated 19th September, 2018, in the acts of Notary Dr Patricia Hall here attached and marked as Doc. D where in the said deed of correction they declared that in fact the amount of groundrent for the said garage White Garage, in Triq is-Salvatur, Marsaxlokk, Malta that is being redeemed was not in the amount declared by them and that is the annual and perpetual groundrent of €23.20 but the annual perpetual groundrent of Lm2.00 equivalent to €4.66 and this as show in the deed of correction here attached and marked as Doc. C;
The applicants wish to avail themselves of the option in Article 1501 Chapter 16 of the Laws of Malta and thus redeem the same groundrent of the said garage;
The sum of €4.66 capitalised at the rate 5% amounts to €93,20;
Thus, so together with all the contracts here attached, the applicants are attaching with this schedule of deposit a plan of the garage marked Doc. E and also the official site plan issued by the Department of Lands that shows the garage, which site plan is here attached and marked as Doc. F.
Thus the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €93.20 representing redemption of groundrent in favour of the respondent/s after leaving the relative receipt according to law.
Applicants:
Rosanna sive Rosanne Caruana, 40, Sonador, Flat 3B, Triq iż-Żurrieq, Qrendi
Martin Caruana, 40, Sonador, Flat 3B, Triq iż-Żurrieq, Qrendi
Service:
Director Public Registry
Deputy curators
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. Madam Justice Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1110
1110By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2019, Application number 491/2019, by Filippa Maria sive Phyllis Farrugia, whereby following the application Josephine Farrugia, married to Peter Paul Farrugia, daughter of Salvu Pace and Nikolina née Cachia, born in Sigġiewi on the 8th February, 1940, and residing in Siġġiewi, aged 79, holding identity card number 131740M, was interdicted from all the acts of the civil life by means of a decree given on the 13th June, 2019.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1111
1111By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th July 2019, Application number 1136/2019, by Geoffrey Cortis whereby he prayed that it be declared open in favour of Concetta sive Connie Spiteri née Cortis, Joseph sive Joe Cortis and Geoffrey Cortis in the quota of one third (1/3) undivided share each one of them the Succession of their mother Beatrice Cortis, wife of the late Emanuel Cortis, daughter of Angelo Portelli and Maria née Portelli, born in Ħamrun, resided in Paola and died at Tal-Qroqq, Msida, Malta, on the 18th April, 2019, aged 80, and who held identity card number 0031139M.
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 1112
1112By means of a decree given, by the Civil Court (Family Section) on the 9th July, 2019, in the records of the Letter number 1645/17 AGV, in the names Louisa Savasta vs Keith Vella, the following publication was ordered for the purpose of service of the respondent Keith Vella, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application by Urgency, filed in the Civil Court (Family Section) in the Records of the, ediation 1645/17 EC, Louisa Savasta (ID 468485M) vs Keith Vella (ID 43480M) on the 8th April 2019, the applicant Louisa Savata (ID 468485M) respectfully pleaded:
That during the last sitting which was held before this Honourable Court, on the 22nd March, 2019, the parties informed this Honourable Court, that agreement had been reached as regards the access in favour of the minors relating to the scholastic period and this in view and in line with the recommendation of the Children's Advocate. That a preliminary agreement was exchanged and apart from changes in the access as recommended and finally agreed between the parties other changes were suggested;
… omissis …
That the interpellant asked the respondent so that immediately there come into force the access as recommended and agreed between the parties namely;
During the scholastic period:
During the first week: The minors are to be with the father from Friday from five in the afternoon (5.00 p.m.) till Saturday at ten in the morning (10.00).
During the second week: The minors are to be with the father from Friday from five in the afternoon (5.00 p.m.) till Sunday till six in the evening (6.00 p.m.)
That since the sitting there passed one month and till this day the access as above indicated has not yet come into force.
That the minors are during the examinations period and it is necessary that the access above indicated be exercised.
Thus by Urgency, the interpellant respectfully asks that this Honourable Court order so that the access of the father in favour of the minors during the scholastic period be as above indicated, the father is to pick up and return to the mother's residence, which access was agreed between the parties following the report of the Children's Advocate, and the recommendation made, saving every other provision that this Honourable Court may order.
Applicant: Block H, Flat 7, Triq il-Qoton, Naxxar
Respondent: Apartment 3, Victoria Mansions, Triq id-Dejqa, Naxxar
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1113
1113It is hereby notified 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 18th of July 2019, and this after a written plea numbered 476/2019, ordered:
The correction of the Act of Birth of Lindsay Patrick Karnes, bearing number 4838 of the year 1973, under the columns entitled 'Particulars respecting the child – Names given' and 'Name or Names by which the child is to be called', the names 'Lindsay, Patrick' and 'Lindsay' are to be cancelled respectively and substituted with the names 'Lins Klint'.
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1114
1114It is hereby notified 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 16th of July 2019, and this after a written plea numbered 466/2019, ordered:
The correction of the Act of Birth of Yousef Aljouhari, bearing number 3251 of the year 2019, under the columns entitled 'Particulars respecting the child – Names given' and 'Name or Names by which the child is to be called and surname', the additional names 'Mahmoud Ahmad' are to be inserted following the name 'Yousef', and is also to be inserted preceding the surname 'Aljouhari' in the second column.
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1115
1115It is hereby notified 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 18th of July, 2019, and this after a written plea numbered 478/2019, ordered:
The correction of the Act of Birth of Saden Elkuja, bearing number 3052 of the year 2015, under the columns entitled 'Particulars respecting the child – Names given' and 'Name or Names by which the child is to be called', the name 'Walid' is to be inserted following the name 'Saden'.
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1116
1116It 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 18th day of July, 2019, and this after a written plea numbered 509/19, ordered:
The correction of the Act of Death of Mario Buontempo, bearing number 2343 of the year 2013, in the column entitled 'Particulars respecting the deceased – Whether married or unmarried, widower or widow', the word 'Widower' is to be cancelled and substituted with the word 'Husband'.
Court of Revision of Notarial Acts
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1117
1117It 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 18th day of July, 2019, and this after a written plea numbered 479/19, ordered:
The correction of the Act of Death of Anthony Borg, bearing number 1249 of the year 2019, in the column entitled 'Name and Surname of Parents, and whether living or dead', the surname 'Borg' following the word 'Neè' is to be cancelled, and substituted with the correct surname 'Vella'.
Court of Revision of Notarial Acts
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1118
1118It 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 4th of July, 2019, and this after a written plea numbered 422/2019, ordered:
The correction of the Act of Marriage of Pacifico Xerri and Rita Borg, bearing number 454 of the year 1989, under the column entitled 'Particulars of the Husband – Parents of Husband and Wife – Name and Surname, whether living or dead', the surname 'Xerri' is to be deleted wherever it appears, and is to be substituted with the correct surname 'Scerri'.
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1119
1119It 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 4th of July, 2019, and this after a written plea numbered 423/2019, ordered:
The correction of the Act of Marriage of Raymond Griscti and Lynne Palmer, bearing number 1765 of the year 1988, under the column entitled 'Particulars of the Husband – Name and Surname' and under the column 'Parents of Husband and Wife – Name and Surname, whether living or dead', the incorrect surname 'Griscti' is to be deleted wherever it appears, and is to be substituted with the correct surname 'Grixti'.
Janet Calleja
Deputy Registrar, Court of Revision of Notarial Acts
Notice 1120
1120By means of a decree given, by the Civil Court First Hall,on the 25th June, 2019, in the records of the Sworn Application, in the names Khail Jancarl vs Elshaug Espen, Application Number 559/19 MCH, the following publication was ordered for the purpose of service of the respondent Espen Elshaug (Passport numbeer 29438755) in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, filed, in the First Hall Civil Court, in the names Jancarl Khalil (ID 111602L) vs Espen Elshaug (Passport number 29438755) on the 5th June, 2019, the applicant Jancarl Khalil (ID 111602L) asked this Honourable Court:
1. To decide this cause without proceeding to a hearing in terms of Article 167 to 170 of Cap. 12 of the Laws of Malta;
2. To declare the respondent responsible for the payment of the amount demanded in the application and for the reasons therein premised and condemn the respondent to pay the amount of thirty-seven thousand eight hundred and one euro and ninety-seven cents (€37801.97) representing amount passed to the defendant in order to buy electronic apparatus which was never bought.
With costs and legal interests till the day of effective payment against the respondent summoned so that a reference to his evidence be made.
The Sworn Application in the names Khalil Jancarl vs Elshaug Espen, Application number559/19 MCH, has been deferred for hearing to the 8th October, 2019, at 9.00 a.m.
Applicant: 22, 'Omar', Triq is-Sienja, Ħ'Attard
Respondent: 297, Flat 3, Misraħ il-Barrieri (Quarry Street) Santa Venera SVR12758
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1121
1121By a decree given on the 24th July, 2019, 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(3) of the Code of Organization and Civil Procedure (Cap. 12):
By decree given by the Civil Court, First Hall, on 12th June, 2019, on the application of J. Zammit Limited (C 37945), Wednesday, 7th August, 2019, at half past nine in the morning (9.30 a.m.) has been fixed for the Sale by Auction, to be held at St James Court, Garage Number 3, Triq is-Sienja, Ħ'Attard, of the following items seized from the property of Tufan Capa (ID 77174A):
Vehicle of the type BMW 318i with the registration number FBW819
N.B. The said vehicle will be sold as described in the acts of judicial sale number 11/2019
Marvic Farrugia
For the Registrar of Civil Courts and Tribunals
Notice 1122
1122By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th June, 2019, Application number 1007/2019, by John Falzon and others whereby they prayed that it be declared open in favour of John Falzon, Catherine Spiteri, Guzeppi sive Joseph Falzon, Mary Carmen Scerri, Carmel Falzon, Vincent Falzon and Daniela Calleja all brothers and sisters Falzon in the quota of one eighth (1/8) undivided share each one of them and the remaining one eighth (1/8) undivided share in favour of Kathryn Falzon and James Falzon, children of the late Francesco Falzon the latter son of the decujus in the quota of one sixteenth (1/16) undivided share each one of them the Succession of Caterina Falzon, widow of Salvu Falzon, daughter of the late Grazio Bugeja and Vincenza née Bugeja, born in Żurrieq, resided in Żurrieq and died in Tal-Pietà on the 9th October, 2018, aged 86, and who held identity card number 0353532M.
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 1123
1123By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 27th July, 2018, Application number 1149/2018 by Joseph Abela, whereby Dolores Abela, widow of Alfred Abela, daughter of Kalcidon Tabone and Carmela née Scerri, born in Ħal Tarxien, Malta on the 31st December, 1947, and lives in Ħal Tarxien and holding identity card number 0028648M, was interdicted by means of a decree given on the 27th May, 2019.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1124
1124By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th April, 2019, Application number 591/2019, by Mario Scerri, whereby Rosina Scerri, daughter of Espedito Mamo and Margherita Mamo née Cassar, born in Birkirkara on the 3rd April, 1930, and residing in Birkirkara, aged 89, holding identity card number 258130M, was interdicted by means of a decree given on the 23rd June, 2019.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1125
1125By means of a decree given, by the First Hall Civil Court, on the 5th April 2019, in the records of the Sworn Application, in the names Fininvest Limited (C 7759) vs Portelli Antoine et, Application number 976/18 LM, the following publication was ordered for the purpose of service of the respondent Antoine Portelli, 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 Fininvest Limited (C 7759) vs 1) Antoine Portelli (ID 0301086M), and 2) Anthony and Josette spouses Cassar (ID 117072M) and (ID 215269M) respectively, on the 3rd October, 2018, the applicant company Fininvest Limited (C 7759) asked the respondents or either of whom to state why this Honourable Court should not,
1). Saving any necessary declaration declare that the applicant company is to receive the payment of sixteen thousand and five hundred euro (€ 16,500) representing the price of the garage internally marked number six (6) at the level of Upper Basement forming part of the complex of garages with the name 'Claverdon Court' in Triq il-Linja, corner with Triq il-Kampannella, Ħ'Attard, sold by it and transferred to the respondents Anthony and Josette spouses Cassar, by means of a contract of the 24th April, 2018, and condemn the respondents to pay the same sum.
With costs and legal interest from the 24th April, 2018, till the date of effective payment against the respondents or either of whom from now summoned so that a reference to their evidence be made.
The Sworn Application in the names Fininvest Limited (C 7759) vs Portelli Antoine et, Application Number 976/18 LM, has been deferred for hearing to the 7th October, 2019, at 9.00 a.m.
Respondent: 9, Triq Ħal Qormi, Ħamrun
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1126
1126By a decree of the 17th of July, 2019, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).
That by the application filed by Raymond Schembri (ID 782860M) et on the 17th May, 2019, is asking for the withdrawal of the amount of €584.22 by Raymond Schembri et deposited by the Schedule of Deposit number 825/2019 in the names of:
Raymond Schembri (ID 782860M) u Grace Schembri (ID 409760M) vs John Fiorini (ID 52141G)
The Court ordered the notification of this application with seven (7) days for filing a reply.
Marvic Farrugia
For Registrar of Courts and Civil Tribunals
Notice 1127
1127By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd February, 2019, Application number 341/2019, by Julia Elizabeth sive Julie Gauci, whereby Joy-Crystal Gauci, unmarried, daughter of the late Patrick John Gauci and Julie Elizabeth sive Julie Gauci, born in Tal-Pietà on the 19th September, 1995, and residing in Fgura, aged 24, holding identity card number 447795M, was Incapacitated by means of a decree given on the 16th May, 2019, and under the conditions therein mentioned.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1128
1128By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th January, 2019, Application number 99/2019, by Carmela sive Caryl Cassar, whereby Giuseppa sive Josephine Cassano, widow of Charles Cassano, daughter of Roberto Guillaumier and Giovanna née Cuschier, born in Msida on the 11th December, 1929, and residing in Msida, aged 89, holding identity card number 788829M, was Incapacitated by means of a decree given on the 7th February, 2019, and under the conditions therein mentioned.
Alexandra Debattista
For the Registrar, Civil Court and Tribunals
Notice 1129
1129By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th June, 2019, Application number 1086/2019, by Marvic Chircop whereby he prayed that it be declared open in his favour in its entirety the Succession of Yana Chircop daughter of Jesmond Brincat and Shirley née Bartolo, born in Tal-Pietà, Malta, and resided in Paola and died in Tal-Qroqq, Msida, Malta, on the 3rd August, 2018, aged 34, and who held identity card number 0083684M.
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 1130
1130By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th June, 2019, Application number 1033/2019, by Joseph Grixti and others whereby they prayed that it be declared open in favour of Joseph Grixti, his sister Jacqueline Darmanin, and his cousins Joseph Grixti and Maria Carmela Grixti in equal shares between them the Succession of their aunt Maria Grixti sometimes indicated as Griscti, unmarried, daughter of the late Joseph Grixti and Francesca Saverja née Zammit, born in Siġġiewi, Malta, resided in Siġġiewi, Malta, and died at Tal-Qroqq, Msida, Malta, on the 7th November, 2009, aged 75, and who held identity card number 133934M.
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 1131
1131By means of a decree of the 13th March, 2019, of the Civil Court First Hall in the records of judicial letter number 3566/18, in the names Malta Trasport Authority vs Michael Angelo Fenech et, the following publication for the purpose of service of the respondents was ordered in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Michael Angelo Fenech (ID 440647M) of Dar Madliena, Triq il-Kosta, Baħar ic-Ċaqgħaq;
Bunker Fuel Oil Company Limited (C 9902) of 1, Marina Alley No. 3, Kalkara, Malta
By the present the Malta Trasport Authority of Malta Transport Centre, Triq Pantar, Ħal Lija LJA 2021, whilst making reference to the judicial letter dated 6th September, 2018, with reference number 3115/18, related with alleged damages caused as a consequence of works that were made in adjacent roads to your property, rebutts all the pretensions as brought against her as unfounded in fact and at law because the interpellant Authority is not responsabile for any damages suffered or that may be suffered by you.
This present is being notified to you for all the purposes and effects of law in terms of Article 889 of Cap. 12 of the Laws of Malta.
So much so that you may know how to proceed and regulate yourselves.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1132
1132By means of a decree of the 4th March, 2019, in the records of the judicial letter number 1219/19, in the names HSBC Bank Malta plc vs Charles Vella Rapa et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on Charles Vella Rapa and Marina Vella Rapa in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the First Hall of the Civil Courts against Charles Vella Rapa (ID 125876M) and Marina Vella Rapa (ID 134516L) of 14, Triq Sant'Antnin, Tas-Sliema, and/or 34, Flat 10, Triq il-Markiż Zimmerman Barbaro, Tas-Sliema, on the 10th April, 2018, HSBC Bank Malta plc (C 3177) of 32, Triq il-Merkanti, Valletta, brings to your formal notice the fact that on the 23rd March, 2018, you were in delay of payment for the loan given to you in the acts of Notary Dr Sam Abela dated 5th October, 2012, in the amount of €1,808.45 and so the interpellant bank solicits you so that within two days you pay the said amount. The interpellant bank informs you also that this sum of arrears has to be added with €258.35 a month after that date.
Brings to your formal notice the fact that on the 23rd March, 2018, you were in delay of payment for the loan given to you in the acts of Notary Dr Sam Abela dated 14th May, 2013, in the amount of €5,959.54 and so the interpellant bank solicits you so that within two days you pay the said amount. The interpellant bank informs you also that this sum of arrears has to be added with €861.16 a month after that date.
Brings to your formal notice the fact that on the 23rd March, 2018, you were in delay of payment for the loan given to you in the acts of Notary Dr Sam Abela dated 16th November, 2009, in the amount of €2,511.81 and so the interpellant bank solicits you so that within two days you pay the said amount. The interpellant bank informs you also that this sum of arrears has to be added with €349.83 a month after that date.
Brings to your formal notice the fact that on the 23rd March, 2018, you were in delay of payment for the loan given to you in the acts of Notary Dr Sam Abela dated 17th February, 2012, in the amount of €7615.74 and so the interpellant bank solicits you so that within two days you pay the said amount. The interpellant bank informs you also that this sum of arrears has to be added with €1,269.29 a month after that date.
Informs you that if you fail to pay all the arrears within fifteen days from the date of notification of this letter, the whole balance of the loan will be due all at once.
To avoid useless Court costs, if the payment of the debt within the time given is not possible and you need more time for payment with monthly installments, you can admit your debt with the Bank by means a notarial act. In this case you are requested that within fifteen days from when you receive this letter you inform the Bank and appoint a notary.
In default further Court procedures will be taken against without further notice.
So much so that you may know how to regulate yourselves.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1133
1133By means of a decree of the 6th March, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 4115/2016 in the names Automated Revenue Management Services Limited vs Infratec Pro Limited, the following publication was ordered for the purpose of effecting service on the respondent company Infratec Pro Limited in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Infratec Pro Limited (C 26290) of F10, Bologna Centre, Mosta Technopark, Mosta
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €74,714.13, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meters administrative costs, connection and disconnection fees, together with interest due on the amount according to law regarding bill number 411000004119 regarding premises MIP Ifratec Pro, Techno Park, Mosta, which amounts to €74,714.13.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1134
1134By means of a decree given by the Court of Magistrates (Malta) on the 21st February, 2019, in the records of the judicial letter number 2735/15 in the names Commissioner for Revenue vs Patricia Calabretta pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Patricia Calabretta (ID 168457M) in your own name and also as director for and on behalf of the company Veste Uomo Limited (C 12103) of 196, Flat 6, Triq it-Torri, Tas-Sliema, on the 26th October, 2015, the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris Road, Birkirkara, solicits you for all the purposes and effects of the Customs and Excise Act of 1997, so that within two (2) days from the service of this act, you pay the amount of €3,209.76 representing amount due by you pro et noe as tax according to the same act.
In default, the interpellant warns you that further legal procedures will be taken against you including the issueing of the opportune warrants.
With furthure costs and interests till the date of effective payment.
So much so that you may know how to regulate yourselves.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 1135
1135By means of a note, filed in the Civil Court First Hall on the 26th July, 2019, Andre Camilleri (ID 129367M) and his wife Miriam Camilleri (ID 258668M) residing at 27, Triq Ferdinand Von Hompesch, Naxxar, brought forward the following document which was published by Notary Joseph Tabone on the 25th July, 2019, to be published in terms of Article 9 of Chapter 13 of the Laws of Malta.
By means of a contract above mentioned, Andre Camilleri, company director, son of the late Anthony and Rita nee Abela, born in Ħ'Attard on the 25th February, 1967, and residing in Naxxar, holder of identity card number 129867M, and his wife Miriam, housewife, daughter of George Pickard and Veneranda nee Zammit, born in Tal-Pietà on the 22nd June, 1968, and residing in Naxxar, holder of identity card number 258668M, emancipated for all intents and purposes of law their daughter Martha Camilleri, daughter of the said Andre and Miriam nee Pickard, born on the 22nd April, 2003, residing in Naxxar, holder of identity card number 146903L, and authorised her to carry out all acts of trade for all intents and purposes of law, in terms of Article 9 and 10 of Chapter 13 of the Laws of Malta.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1136
1136DKR 407/2017 – VARIATION OF A FREEZING ORDER
It is being notified that by a decree dated 16th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri LLD) following an application filed by the Society HSBC Bank Malta plc on the 2nd May, 2019, Compilation number 371/2017, in the case in the names:
The Police
(Inspector Justine Grech)
Versus:
Melvin Debono, 28 years, self-employed, son of Joseph and Grace nee Bezzina, born in Tal-Pietà, Malta on the 12th June, 1991, residing at Palm Court, Flat 2, Triq Melita, Paola, Malta and holder of Maltese identity card bearing number 304591M.
The Court acceded to the request of the society HSBC Bank Malta plc in the sense that it authorises the continuation of the payments on the debts:
The sum of €4,973.79 representing the balance due on a Flexicredit Loan with refence number 013-234760-301; and
The sum of €7,260.49 representing the balance due on Flexicredit Loan with reference number 013-234760-300 together with any bank charges and the relative interests.
This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta in accordance with Article 23A of Chapter 9 of the Laws of Malta following a freezing order which decree was given on the 14th September, 2017, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri LLD) and published in the Government Gazette of the 22nd September, 2017, whereas the Court ordered the attachment in the hands of third parties in a general manner, of all monies and other movable and immovable property which may be due to or belonging to Melvin Debono.
MARVIC PSAILA
Deputy Registrar, Criminal Courts and Criminal Tribunals
Notice 1137
1137By means of a decree given by the Civil Court (Family Section) on the 12th July, 2019, in the records of the Application Number 4/19 JPG, the following publication was ordered for the purpose of service of the respondent Chantelle Testa, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an application filed in the Civil Court (Family Section), Sworn Application Number 4/19 JPG, Chantelle Testa vs Shaun Cacopardo, the applicant Shaun Cacopardo (ID 235688M) respectfully pleaded:
That in the records of the cause in the names above premised this Honourable Court delivered a partial judgement on the 5th June, 2019, as regards the first plea brought forward by the applicant in his sworn reply in this same cause, that the plaintiff filed her cause outside the time limited permitted by law in this type of cause, by means of which judgement this Honourable Court rejected the same preliminary plea and ordered the continuation of the cause to the 7th October, 2019, for the evidence of the applicant;
That the applicant felt aggrieved by this partial judgement and wishes to file an appeal from this partial judgement but in order to do this in terms of law he requires the authorisation of this Court and thus had to make this application.
Thus the applicant respectfully prays that this Honourable Court give him the necessary authorisation in terms of the proviso of Article 231(1) of Cap. 12 of the Laws of Malta, in order that he can appeal from the partial judgement given by this Honourable Court, on the 5th June, 2019, in the records of the cause in the names above premised and this under those provisions that this Honourable Court deems fit and opportune.
The Sworn Application in the names Testa Chantelle vs Cacopardo Shaun, Application 4/19 JPG, is deferred for hearing to the 7th October, 2019, at 11.45 a.m.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 1138
1138DKR 1/2019 – PERPETUAL GENERAL INTERDICTION
It is being notified that by judgement dated 10th June, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech LLD), Compilation number 167/2014, in the case:
The Police
(Inspector Matthew Vella)
Versus:
Emanuel Micallef, 40 years, son of Mario and Catherine nee Briffa, born in Tal-Pietà, Malta on the 24th December, 1978, residing at Binja Santa Luċija, Block A 18, Mtarfa, Malta and holder of Maltese identity card bearing number 21379M.
The Court ordered the perpetual general interdiction of the said Emanuel Micallef and this from judgement date according to Article 119 of the Criminal Code of Chapter 9 of the Laws of Malta.
This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.
MARVIC PSAILA
Deputy Registrar, Criminal Courts and Criminal Tribunals
Notice 1139
1139By means of a decree given by the First Hall Civil Court on the 26th April, 2019, in the records of the Sworn Application in the names Demicoli Jason et vs Galea Pace Kurt et, Application Number 1193/18 FDP, the following publication was ordered for the purpose of service of the defendant Kurt Galea Pace, 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 Jason Demicoli (ID 331276M) vs Stephania Demicoli (ID 11118M) for any interest she may have vs T. Kurt Galea Pace (ID 243667M) 2. Anthony Gera (ID 594578M) on the 29th November, 2108, the applicant Jason Demicoli (ID 331276M) and of Stephania Demicoli (ID 11118M) for any interest she may have, the applicants humbly asked this Honourable Court:
1. To declare with the help of an Architect to be nominated that the defendants or either of them failed to carry out their contractual obligations relative to the agreement reached between the parties in connection with the construction works at the address 13, Triq V. Menville, Swieqi and thus they are responsible for damages in his regard and uphold the other demands in the application.
With costs and legal interest till the date of effective payment of any amount liquidated by this Honourable Court against the defendants or either of whom from now summoned so that a reference to their evidence be made.
The Sworn Application in the names Demicoli Jason et vs Galea Pace Kurt et, Application Number 1193/18 FDP, has been put off for hearing to the 11th October, 2019, at 9.00 a.m.
Notify: 20, Villa Fairview, Triq V. Boron, In-Naxxar
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
1140Republic 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 Rene sive Rennie Stivala et it was ordered that deputy curators be chosen to represent the heirs of Annunziata Abela, Caterina Demicoli and Maria Pilora Ellul who are representing the unknown owners in the acts of the schedule of deposit number 1666/2018 in the names Rene sive Rennie Stivala 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 Rene sive Rennie Stivala (ID 277480M), inspector, son of the late Victor and Gaetana née Cachia, born in St Julians and residing in Ħal Tarxien and Ruth Stivala (ID 287074M) wife of Rennie Stivala, teacher, daughter of Anthony Mifsud and Maria Lourdes née Farrugia, born in Pieta and residing in Ħal Tarxien vs deputy curators to represent the heirs of Annunziata Abela née Schembri, widow of Grazio Abela, daughter of Giovanni and born and residing in Ħal Għaxaq, Caterina Demicoli, wife of Giovanni Demicoli, daughter of Francesco Caruana born and residing in Ħal Għaxaq and Maria Pilora Ellul, wife of Grazio Ellul, daughter of Grazio Abela and Annunziata née Schembri, born and resided in Ħal Għaxaq who are representing the unknown owners, on the 5th September 2018, the applicants Rene sive Rennie Stivala (ID 277480M) and Ruth Stivala (ID 287074M) respectfully submitted:
That by means of a contract of acquisition in the records of Notary Doctor Kristel-Elena Chircop dated 15th November, 2005, which contract is here attached and marked as Doc. RRS1 the applicant Ruth Stivala acquired from Robert Vella, the maisonette with official number 21 situated in Triq Santa Tereża, Ħal Tarxien as exempt from the obligation of the payment of the annual and perpetual groundrent;
That Robert Vella acquired the property from Emanuel Ellul, an Estate Agent, by means of a contract of acquisition found in the records of Notary Doctor Joseph Debono dated 31st December, 1996 (here attached and marked as Doc. RRS2) and a priori the same Emanuel Ellul bought from Maria Said by means of a contract in the acts of Notary Doctor George Cassar dated 23rd August, 1995, (here attached and marked as Doc. RRS3) where in the two contracts the groundrent was indicated as exempt from the obligation of the payment at any rate of the original and perpetual groundrent;
That Maria Said acquired the same property from Carmelo Abdilla by means of a contract of acquistion in the records of Notary Doctor Anthony Abela dated 8th May, 1991 (here attached and marked as Doc. RRS4) which property was acquired by Carmelo Abdilla by means of a contract of division of the estate of his parents, Gaetano Abdilla and Rosaria née Zammit in the records of Notary Doctor Charles Vella Zarb dated 6th November, 1980 (here attached and marked as Doc. RRS5) and also here exempt from the obligation of payment of groundrent;
The property de quo was built part on the land known as Ta' Spalletti that is found in Ħal Tarxien measuring three tumoli, four sigħan and a kejla equivalent to 4140.64m² which land was divided between several parties by means of a contract of division that is found in the records of Notary Doctor Giovanni Vella dated 11th November, 1937 (here attached and marked as Doc. RRS6) and in its entirety it is subject to the rate of annual and perpetual groundrent of fourteen shillings and two pence equivalent to €1.65;
That the same maisonette is built on a part of two plots, that are marked as IIID of a superficial measurement of 84sq canes equivalent to 368.84m² and was given to Annunziata Abela and Caterina Demicoli, and also that marked as IVD of a superficial measurement of eighty three and two eighths square canes (83.2/8sc) equivalent ta' 365.55m² that was given to Michele Bonnici and the heirs of Spiridione Vella;
The property de quo has the superficial measurement of 109m² and on a pro-rata basis, the same property has the original groundrent of €0.04;
By means of a subemphetiutical contract in the records of Notary Doctor Oscar Azzopardi dated 20th November, 1948 (here attached and marked as Doc. RRS7) Caterina Demicoli and daughter of Annunziata Abela, that is Maria Pilora Ellul granted on sub-emphyteusis the divided portion of land known as Ta' Spalletti for the superficial measurement of 82 sc equivalent to 360.06m² to Gaetano Abdilla and this at the rate of an annual and perpertual subgroundrent of ten pounds eight shillings and nine pence per year where three shillings and 9 pence are the groundrent;
About half of the property de quo is found on this same divided portion of land and so circa 54.5m² of the same property;
That because the subgroundrent is due on 360.06m² is that of ten pounds and 5 shillings, equivalent to €23.64 on a pro-rata basis of the superficial measurement of 54.5m² the rate of the annual and perpetual subgroundrent is that of €3.58;
The present direct owners of the groundrent and subgroundrent are not known;
The applicants wish to avail themselves of the option in Article 1501 of the Civil Code and thus redeem the original annual and perpetual groundrent of €0.04 capitalised at the rate of 5% according to law, which amounts to €0.80 and also the annual and perpetual subgroundrent of €3.58 capitalised at the rate of 5% according to law amounts to €71.60;
The applicants are also depositing the groundrent and subgroundrent arrears for these last five years that amounts to €18.10.
Thus the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €90.50, this being the price of the redemption of the annual and perpetual groundrent and subgroundrent regarding the maisonette de quo, and also the arrears which amount may be freely withdrawn by the respondents who have a right to them according to law after leaving the relative receipt according to law.
Applicants:
21, Triq Santa Tereża, Ħal Tarxien
Service:
Deputy curators, Law Courts, Valletta
Director Public Registry, 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, above mentioned, with the witness of the Hon. Mr Justice Noel Cuschieri, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1141
1141By a decree of the Consumer Claims Tribunal of 13th June, 2019, 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).
George Spiteri of 30, Chris Brand, Triq G. Garibaldi, Birżebbuġa BBG 2520, filed a Claim on the 28th March, 2019, whereby he asked the Tribunal to condemn K.N.K. Air Conditioners Co. Limited of Dar it-Tuta, Triq Xwieki, Iklin, Ħal Lija, to pay the plaintiff the sum of €630 which amount is due to the plaintiff.
The case (CCT Number 37/19) is deferred on the 24th September, 2019, at 1.20 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 1142
1142DKR 240/2016 – NEW FREEZING ORDER
It is being notified that by a decree dated 27th July, 2016, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Charmaine Galea LLD) Compilation number 392/2016 in the case:
The Police
(Inspector Gabriel Micallef)
Versus
Ludwig Borg, 33 years, mechanic, son of Anthony and Emanuela nee Gauci, born in Tal-Pietà on the 24th August, 1982, residing at Ġesù Redentur, Triq Ħal Għargħur, In-Naxxar, Malta and holder of Maltese identity card bearing number 477682M.
Ordered the attachment in the hands of third parties in general of all monies and other movable property due or pertaining or belonging to Ludwig Borg and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and of Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
The Court authorised the accused to continue to receive the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year.
DR. JOHN SEYCHELL NAVARRO DIP. HLTH SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD
Assistant Registrar, Criminal Courts and Tribunals
Notice 1143
1143DKR 358/2017 – VARIATION OF A FREEZING ORDER
It is being notified that by a decree dated 4th July, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Neville Camilleri LLD) following an application filed by Keith Desmond Falzon on the 10th April, 2019, Compilation Number 356/2017 in the case:
The Police
(Inspector Joseph Busuttil)
(Inspector Jonathan Cassar)
(Inspector Kevin Pulis)
Versus:
Keith Desmond Falzon, 41 years, driver, son of Desmond and Pauline nee Calleja, born in Tal-Pietà, Malta on the 28th October, 1977, residing at number 23, Four Winds, Flat 2, Triq Xatt il-Palm, Baħar iċ-Ċagħaq, Malta and holder of Maltese identity card bearing number 543677M.
The Court authorised the accused Keith Desmond Falzon to scrap the vehicle of type Isuzu Trooper Estate with registration number HBC 509.
This variation is being published in terms of Article 5 of Chapter 373 of the Money Laundering Act of the Laws of Malta, Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta in accordance with Article 23A of Chapter 9 of the Laws of Malta following a freezing order which decree was given on the 29th August, 2017, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Joseph Mifsud LLD) and published in the Government Gazette of the 5th September, 2017, whereas the Court ordered the attachment in the hands of third parties in a general manner, of all monies and other movable and immovable property which may be due to or belonging to Keith Desmond Falzon.
MARVIC PSAILA
Deputy Registrar, Criminal Courts and Criminal Tribunals
Bann for Curators
1144Republic 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 Mary sive May Cuschieri et it was ordered that deputy curators be chosen to represent the unknown inheritance of Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and of Carmelo Borg in the acts of the schedule of deposit number 491/2019 in the names Mary Cuschieri et vs Joseph Dimech et and Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and and concurrent redemption of groundrent and sub groundrent filed in the First Hall of the Civil Court, in the names Mary sive May Cuschieri, pensioner, widow of Francis Cuschieri, daughter of the late Giuseppe Cassar and Helen née Calleja, born on the 22nd February, 1941, and residing in Santa Venera (ID 156141M); Maria Teresa sive Marthese Psaila, pensioner, widow of Romeo Psaila, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 23rd December, 1937, and residing in St Paul's Bay (ID 23738M); Maria Concetta sive Connie Hili, pensioner, widow of John Hili, daughter of the late Giuseppe Cassar and Helen née Calleja, born in Ħamrun on the 26th December, 1934, and residing in Santa Venera (ID 45435M); Fabian Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 20th January, 1988, and residing in St Julian's (ID 59888M); Jean Paul Debono, director, son of Daniel Debono and Gloria née Muscat, born in Tal-Pietà on the 4th October, 1989, and residing in Birżebbuġa (ID 455489M); Anna Cassar, unmarried, daughter of the late Francesco Cassar and Carmela née Calleja, born in Tal-Pietà on the 29th September, 1933, and residing in Santa Venera (ID 693033M); Mario Cassar, optician, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Floriana on the 20th January, 1958, residing in Santa Luċija (ID 61458M); Alessandro Cassar, dentist, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 9th March, 1959, residing at Kappara (ID 192859M); Aldo Cassar, insurance manager, son of the late Giuseppe Cassar and Mary Violet née Muscat, born in Tas-Sliema on the 22nd May, 1962, residing in Ħ'Attard (ID 328362M); Monique Theuma, housewife, wife of Mario Theuma, daughter of the late Giuseppe Cassar and Mary Violet née Muscat, born in Birkirkara on the 14th May, 1966, residing in Ħ'Attard (ID 227066M); Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Violet Delph, widow of Joseph Delph, daughter of the late Walter Cachia and Mary née Bordieri, born and residing in New York, United States of America; and Advocate Dr Vincent Falzon, son of the late Joseph Falzon and Alice née Cachia, born in Valletta on the 28th December, 1928, and residing in Kappara (ID 28729M) as mandatory for and on behalf of Walter Joseph Cachia, retired, son of the late Walter Cachia and Mary née Bordieri, born in United States of America and residing in Pennsylvania, United States of America vs 1. Joseph Dimech, architect, son of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat, Gozo (ID 217931M) and Teresa sive Tessie Dimech, daughter of the late Paolo Dimech and Vincenza née Mizzi, born in Floriana and residing in Rabat Gozo (ID 376227M); 2. Deputy curators to represent the unknown inheritance of Benjaming Farrugia, previously clerk, son of John Philip Farrugia and Emma née Bonnici, born in Ħamrun and residing in Ħal Balzan; 3. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima, born and residing in Ħal Qormi; the unknown inheritance of Margherita, wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi u residing in Tas-Sliema; and the unknown inheritance of Carmelo Mallia, son of the late Giuseppe Mallia and Margherita wife of Giuseppe Saliba, previously widow of Giuseppe Mallia, born and resided in Tas-Sliema; 4. Deputy curators to represent the unknown inheritance of George Fenech, previously in business, son of Francesco and Angela née Grima born and resided in Ħal Qormi and of the unknown inheritance of Margherita wife of Giuseppe Saliba previously widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi and residing in Tas-Sliema; 5. Deputy curators to represent the unknown inheritance of Maria Josephine Bugeja widow of John Bugeja, daughter of the late Paolo Sammut and Ferdinanda née Sammut, born in Floriana and residing in Tas-Sliema; 6. Deputy curators to represent the unknown inheritance of Giuseppe Borg, previously contractor, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Maria Tanti, wife of Pietro Tanti, daughter of Carmelo Borg and the late Angela née Said, born in Ħ'Attard and residing in Rabat, Malta; the unknown inheritance of Antonia Borg, wife of Salvatore Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Salvatore Borg, previously worker, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown inheritance of Giuseppa Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard; and the unknown inheritance of Carmelo Borg, son of the late Giuseppe Borg, born and residing in Ħ'Attard, filed in the First Hall of the Civil Court on 13th March, 2019, the applicants Mary sive May Cuschieri (ID 156141M), Maria Teresa sive Marthese Psaila (ID 23738M), Maria Concetta sive Connie Hili (ID 45435M), Fabian Debono (ID 59888M), Jean-Paul Debono (ID 455489M), Anna Cassar (ID 693033M), Mario Cassar (ID 61458M), Alessandro Cassar (ID 192859M), Aldo Cassar (ID 328362M), Monique Theuma (ID 227066M), Advocate Dr Vincent Falzon (ID 28729M) as mandatory for and on behalf of Violet Delph and Walter Joseph Cachia respectfully submitted:
That the applicant Mary sive May Cuschieri (ID 156141M) in the quota of one eighth (1/8), Maria Teresa sive Marthese Psaila (ID 23738M) in the quota of one eighth (1/8), Maria Concetta sive Connie Hili (ID 45435M) in the quota of one eighth (1/8), Fabian Debono (ID 59888M) in the quota of one part of sixteen (1/16), Jean-Paul Debono (ID 455489M) in the quota of one part of sixteen (1/16), Anna Cassar (ID 693033M) in the quota of one eighth (1/8), Mario Cassar (ID 61458M) in the quota of one part of thirty-two (1/32), Aldo Cassar (ID 328362M) in the quota of one part of thirty-two (1/32), Monique Theuma (ID 227066M) in the quota of one part of thirty-two (1/32), Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Violet Delph in the quota of one eighth (1/8) and Advocate Dr Vincent Falzon (ID 28729M) as mandatary for and on behalf of Walter Joseph Cachia in the quota of one eighth (1/8), heirs of Maria Dolores Cassar (ID 395636M) who died on the 24th April, 2016;
By means of a deed of the 22nd May, 1961, in the records of Notary Salvatore Abela, Joseph Dimech and Paolo Dimech in favour of John Cassar, granted by means of sub perpetual emphyteusis a portion of developable land of a total of eighty point four seven square canes (80.47 square canes) that is 353.26m², part of which and namely 73.15 square canes that is 321.13m² is known as Tal-Faxx, and the other part, namely 7.32 square canes that is 32.13m² is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of thirty-two pounds and four shillings (£32.4s.0d) today equivalent to seventy-five euro (€75.00) (Doc. A contract of sub-emphyteutical consession);
On the said land, John Cassar constructed a tenement (22 with the name Marie Reine) and a mezzanine (by the name Chez Amis) in Triq l-Annunzjata, Ħal Balzan (contract between Adelaide widow of John Cassar, and her children Maria Dolores Cassar and Maria Carmen wife of Victor Garroni, dated 21st July, 1972, in the records of Notary Joseph Raymond Grech) the said sub-groundrent of €75.00 was divided in half as for €37.50 on the tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan and the remaining €37.50 on the mezzanine with the name Chez Amis, in Triq l-Annunzjata, Ħal Balzan (Doc. B contract of division and Doc. C site plan);
After the death of John Cassar on the 5th August, 1971, the said tenement 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, is subject to the sub-groundrent of €37.50 as part of the inheritance which John Cassar bequeathed to his daughter Maria Dolores Cassar, where she resided and continued to reside;
That on the 24th April, 2016, the said Maria Dolores Cassar (ID 395636M) died and was inherited by the applicants;
That Paolo Dimech died on the 13th February, 1965, and his share of the sub-direct dominius and namely half (1/2) undivied share which belongs in part to Tereża Dimech and as for one fourth (1/4) undivided share and the remaining one fourth (1/4) undivided share to the sub-owner Joseph Dimech who is already sub-owner as for other the remaining one half (1/2) undivided share, so that Joseph Dimech is the sub-owner of three quarters (3/4) undivided share whilst Tereża Dimech is the subowner of the remaining (1/4) undivided share;
That the portion of developable land of total area 80.47 square canes that is 353.26m² which in part and that is 73.15 square canes that is 321.13m² known as Tal-Faxx and which other part and that is 7.32 square canes that is 32.13m² known as Ta' Sqaq iż-Żeċċuk, in the limits of Tal-Gozzo in Ħal Balzan, given under sub-perpetual emphyteusis as stated in the contract of the 22nd May, 1961, in the records of Notary Salvatore Abela, from Jospeh Dimech and Paolo Dimech in favour of John Cassar, effectively forms part of a bigger portion of land granted from Benjamin Farrugia in favour of the said Joseph Dimech and Paolo Dimech through another sub-perpetual empyhyteusis;
… omissis …
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of a half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Benjamin Farrugia regarding this property is half (1/2) of €46.97 and that is €23.49;
… omissis …
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia regarding this property is half (1/2) of €2.56 and that is €1.28;
… omissis …
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba regarding this property is half (1/2) of €25.23 and that is €12.62;
… omissis …
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual groundrent above mentioned regarding the unknown inheritance of Maria Josephine Bugeja regarding this property is half (1/2) of €8.52 and that is €4.26;
… omissis …
Because on the said land John Cassar built a groundfloor (22 with the name Marie Reine) and the mezzanine (with the name Chez Amis), in Triq l-Annunzjata, Ħal Balzan and this schedule of deposit regards that portion of one half regarding only the groundfloor 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, the annual and perpetual subgroundrent above mentioned regarding the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding this property is half (1/2) of €0.32 and that is €0.16;
The applicants wish to avail themselves of the option in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem the same groundrents and subgroundrents regarding the property 22, Marie Reine, in Triq l-Annunzjata, Ħal Balzan, in terms of the same law;
That the amount of €37.50 representing the annual and perpetual subgroundrent above mentioned due to Architect Joseph Dimech and Tereża Dimech, capitalised at the rate of 5%, amounts to €750.00;
That the amount of €23.49 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of Benjamin Farrugia, capitalised at the rate of 5%, amounts to €469.80;
That the amount of €1.28 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, capitalised at the rate of 5%, amounts to €25.60;
That the amount of €12.62 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, capitalised at the rate of 5%, amounts to €252.40;
That the amount of €4.26 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Josephine Bugeja, capitalised at the rate of 5%, amounts to €85.20;
That the amount of €0.16 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg, capitalised at the rate of 5%, amounts to €3.20;
Thus, the applicants are requesting this Honourable Court and under its authority are depositing the amount of €1,586.20 to redeem this groundrent and subgroundrent which amount may be freely withdrawn by:
1. €750.00 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to Architech Joseph Dimech and Tereża Dimech regarding the above mentioned property, by the respondents Architect Joseph Dimech and Tereża Dimech, in their capacity and this after leaving the relative receipt according to law;
2. €469.80 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of Benjamin Farrugia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Benjamin Farrugia in their capacity and this after leaving the relative receipt according to law;
3. €25.60 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and due to the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba and the unknown inheritance of Carmelo Mallia in their capacity and this after leaving the relative receipt according to law;
4. €252.40 above mentioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and the unknown inheritance of Margherita Saliba in their capacity and this after leaving the relative receipt according to law;
5. €85.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Maria Josephine Bugeja, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Maria Josephine Bugeja in their capacity and this after leaving the relative receipt according to law;
6. €3.20 above mentioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, and the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Giuseppe Borg, the unknown inheritance of Maria Tanti, the unknown inheritance of Antonia Borg, the unknown inheritance of Salvatore Borg, the unknown inheritance of Giuseppa Borg and the unknown inheritance of Carmelo Borg in their capacity and this after leaving the relative receipt according to law.
Depositors:
29, Mystica, Triq il-Mehrież, Ħ'Attard
Respondents:
Joseph Dimech, Villa Marisa, Triq Fortunato Mizzi, Rabat, Gozo
Deputy curators, Superior Courts, Valletta
Notification:
Director Public Registry, 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. Madam Justice Anna Felice, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals