Court Notices published in Govt. Gazette no. 20,248 of 13th August, 2019

DKR 41/2018 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 30th July, 2019, given by the Criminal Court (Madame Justice Dr Consuelo Scerri Herrera LLD) following an application filed by Cristina Cabrera Paggabao on the 16th July, 2019, Compilation number 155/2018, in the case in the names:

The Police

(Inspector Joseph Busuttil)

(Inspector John Spiteri)

Versus

Jennyvie Bartolome;

Cristina Cabrera Paggabao, 41 years, Health Carer at Mater Dei, born in Philippines on the 18th December, 1977, residing at number 11, St Valentine, Flat 1, Triq Ċensu Farrugia, Msida, Malta, and holder of identity card bearing number 56646A;

And

Elna Mongao

The Court authorised the accused Cristina Cabrera Paggabao to withdraw her salary from the account number 002-131-787-050 with HSBC Bank Malta plc. 

This variation is being published in terms of Article 5 of Chapter 373 of the Money Laundering Act of the Laws of Malta and of Article 23A of the Criminal Code, in accordance with Section 23A of the Criminal Code, following another two variations which decrees were given on the 19th October, 2018, by the same Court and published in the Government Gazette of the 2nd November, 2018, following another variation which decree was given on the 5th July, 2018, by the same Court and published in the Government Gazette of the 20th July, 2018, and following a freezing order given on the 21st March, 2018,  by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Anthony G. Vella LLD) and published in the Government Gazette on the 3rd April, 2018, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable property which may be due to or belonging to Jennyvie Bartolome, Cristina Cabrera Paggabao and Elna Mongao.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by the Court of Appeal on the 25th July, 2019, in the records of the Appeal in the names Joseph Grech vs Maria Rita Grech, Application number 471/08/3, the following publication was ordered for the purpose of service of the Respondent Joseph Grech, in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal between Joseph Grech vs Maria Rita Grech have been closed, the Court fixed the hearing of the cause on Thursday, fourth (4) of July, 2019, at 9.30 a.m. and deferred to the 10th October, 2019, at 9.30 a.m.

Notify Respondent: 105, Triq is-Sebħ, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court (Family Section)

Whereas the plaintiff Khadija Vassallo, with ID card number 55125A, filed an application under oath (No. 177/19AGV) demanding corrections in the Act of Birth of Chamss Vassallo number 4757/14 and Riham Vassallo number 3518/16 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,

ĊETTINA GAUCI

For the Registrar, Civil Courts and Tribunals

By a decree of the 30th 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 Organisation and Civil Procedure (Chapter 12).

That by the application filed by United Acceptances Finance Limited (C 360) on the 8th February, 2019, is asking for the withdrawal of the amount of €555.24 by United Acceptances Finance Limited (C 360) deposited by the Schedule of Deposit number 100/2019 in the names of:

United Acceptances Finance Limited (C 360) vs Borg Clayton (ID 443483M)

The Court ordered the notification of this application with two (2) days for filing a reply.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 2nd August, 2019, in the records of the Sworn Application in the names Anthony Muscat vs Elaine Zerafa, App. Number 124/19 AL, the following publication was ordered for the purpose of service of the respondent Elaine Zerafa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, in the names Anthony Muscat vs Elaine Zerafa, presented in the Civil Court (Family Section) on the 21st June, 2019, the applicant Anthony Musacat (ID 0222187M) respectfully pleaded:

That the interpellant is the father of the minor … omissis …, a five year old girl;

That despite that the parties separated consensually in the year 2015, the parties are still passing through judicial proceedings due to the continous insistence of the mother to deprive the father and the daughter from spending time together;

That this general application is being made purposely so that the interpellant obtains the authorisation of this Honourable Court for two particular occassions that the minor wishes to attend but the mother is through pique creating trouble and want;

That in the first place the father is asking for authorisation of this Honourable Court to go abroad with the minor … omissis … in Euro Disney in France .… omissis … between the 1st September, 2019, till the 11th September, 2019;

That in the second place the father is asking for the authorisation of this Honourable Court so that for the weekend of the 21st (Saturday) and 22nd (Sunday) of September, 2019, there is a change in the sleepover;

That this is being asked because exactly on Saturday, 21st September, 2019, the minor … omissis … was chosen to be a flower girl with another girl at the wedding of a close friend of her father;

… omissis …

That these two events are the dream of the summer 2019 which the minor … omissis … shall be keenly awaiting.

That thus for the reasons above brought forward the interpellant is calling upon the authority of this Honourable Court and asking it:

1. To authorise the interpellant to take the minor abroad from the 1st September till the 11th September, 2019, in London and Euro Disney in France;

2. Order the respondent to deliver the passport of the minor to the father at least one week before the trip mentioned;

3. Authorise the father to make the sleepover with the minor on the 21st September, 2019, till the morrow Sunday, 22nd September, 2019.

Saving any other provision that this Honourable Coutrt may order.

Applicant: 45, Melita Apartments, Flat 2, Triq Birżebbuġa, Ħal Għaxaq

Respondent: St Theresa College Mrieħel, Seconday School B, Triq Bontadini, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th April, 2019, in the records of the judicial protest number 77/18 in the names Deidre Fenech vs Alfred Schembri et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Alfred Schembri in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

Deidre Fenech (ID 0386985M) 

vs

Alfred Schembri (ID 450490M) and Christian Casha (ID 242685M) 

Judicial protest of Deidre Fenech (ID 0386985M) who respectfully sumbits:

That the applicant is the owner of the premises number 13, Triq il-Warda, Żurrieq.

That in 2017, the respondents, or any one of them, were engaged by the respondent to carry out construction works in the premises above mentioned. This notwithstanding, the respondents, or any one of them, did not complete the works which they were engaged to carry out. The applicant has already brought these facts to the attention of the respondents, or any one of them, personally. 

That notwithstanding, respondents remained in default and no remedial works were carried out to repair the defaults and the damages caused by the respondents or any one of them and this notwithstanding that the applicant had solicited them to make the necessary remedial works by means of competent persons to execute the works according to art and trade.

The actual state as set out above is such that is causing further damage in the property of the applicant and also in third party property as has already happened;

For these damages the respondents, or any one of them, are solely responsible and as a consequence they are responsible for all the damages that may result.

Thus the applicant is bringing to the formal notice of this Honourable Court the facts above mentioned and whilst protesting against the respondents or any one of them, is placing them in colpa, dolo et mora for all the effects and purposes at law, and solicits them so that immediately they execute all that is necessary and opportune to remedy the above mentioned to make good for all the damages that she and/or third parties may suffer.

Applicant: No. 27, Triq Joseph Stivala, Paola

Notification: Alfred Schembri, St Rita, Triq il-Kus, Birżebbuġa

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th February, 2019, Application number 257/2019 by Noel Zammit and Maria Ellul, whereby Giuseppe sive Joseph Zammit, son of Michele Zammit and Caterina née Cauchi, born in Marsa on the 3rd January, 1939, and residing in Birkirkara, aged 80, holding identity card number 30839M, 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st June, 2019, Application number 1057/2019 by Christopher Farrugia et, whereby they requested that it will be declared open in favour of Chrisopher Farrugia, Joanna Farrugia and Adrian Farrugia in the quota of one third (1/3) undivided share each one of them the succession of their father Salvatore Farrugia, widower of Louise Farrugia née Micallef, son of the late Pubblio Farrugia and Giuseppa Farrugia née Grima, born in Rabat, Malta, resided in Rabat, Malta, and died in Rabat, Malta, on the 3rd January, 2019, aged 85, who held identity card number 0547233M.

Wherefore any person who believes 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

It is hereby being notified that the Court of Magistrates (Malta) by means of a decree of the 15th April, 2019, in the records of the judicial letter number 2886/2013, in the names Director of the Social Security vs Tania Bugeja, ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Tania Bugeja (ID 583677M) of 13, Triq Britannja, Mosta, Malta

By means of this present judicial letter the Director of Social Security of 38, Triq l-Ordinanza, Valletta VLT 2000, calls upon you so that within one week from the notification of this act you pay the interpellant the sum of €2,210.58 that were unduly paid to you as social assistance for the period from the 4th February, 2012, to the 3rd August, 2012.

If you fail to pay this amount within the stipulated time further legal procedures will be taken against you.

So much of your own guidance.

With costs

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 24th July, 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 from the Court of Magistrates (Gozo), Superior Jurisdiction, General Section dated 24th July, 2019, in the records of the judicial letter number 430/2019 in the names, “Taddeo known as Teddy Spiteri et versus a deputy curator to represent the interests of Joe known as Joseph Spiteri, son of the late Feliċ Spiteri and the late Carmela née Dimech” and this in the records of the judicial act filed on the 24th July, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

By these present Taddeo known as Teddy Spiteri, ID 47755G; Miriam wife of Raymond Spiteri, ID 31071G; Charlene wife of Kevin Mizzi, ID 17483G; Anthony Mejlak, ID 6848G; Doris widow of Carlo Mizzi, ID 31544G in her own name as well as for and on behalf of (a) Mary Grace wife of Paul Gauci, Australian passport number N3398517; (b) Josephine widow of Carmel Mercieca, Maltese passport number 1041239; (c) Mary wife of Carmel Buttiġieg, proof of age card number 05170063; (d) Stephen Spiteri, driving license number 025252262; (e) Emanuel Spiteri, Maltese passport number 1195736; (f) Felix Briffa, Australian passport number N9518526; (g) Tania Sammut, Australian passport number N5834724; and (h) John Spiteri, Maltese passport number 1015891 (c/o 77, Vjal il-Labour, Xewkija, Gozo) inform you, formally:

a) That they have entered into a promise of sale agreement in terms of which they promised and undertaken to sell and transfer in favour of Mark Anthony Scerri Simiana and Nadine Scerri Simiana their entire share and namely ten out of eleven (10/11) undivided shares in the property bearing number one (1) and located in alley number one (1), St Catherine Street, Xewkija, Gozo, Malta, with its annexed land, free and unencumbered, with its airspace and sub-terrain (save for that part which overlies third party property), with vacant possession and with all of its rights and appertunances; this for the global price of two hundred thousand euro (€200,000) for the whole of the said property;

b) That senders look forward to sell the said property as a whole in favour of the prospective buyers referred to above and this for the aforesaid global price;

c) That notwithstanding their efforts and notwithstanding the fact that the offer at hand reflects the true value of the property in question, you’re refusing to sell your undivided share together with them;

And hereby call upon you to undertake to sell your share as aforesaid together with their shares within five (5) days of being notified of this judicial letter. 

In case of default senders will be left with no option other than that of proceeding against you in terms of Article 495A of Cap. 16 of the Laws of Malta.

Do treat this judicial letter as a final warning. 

For your own guidance. With costs.

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

By means of a decree of the 29th April, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2435/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Simon Zammit, the following publication was ordered for the purpose of effecting service on the respondent Simon Zammit in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Simon Zammit (ID 140367M) of 93, Triq il-Lunzjata, Santa Venera

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 plc 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 €11,759.26, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount which amount consists of the following:

i. As for bill number 101000054771 in the amount of €792.77 for the premises 69, Dorin, Triq Nuzzo, Ħamrun; and

ii. As for bill number 101000159580 in the amount of €10,966.49 for the premises Simon Garage, Triq Dun Xand Cortis, Birkirkara.

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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 25th October, 2018, following a request by Anna Ellul et it was ordered that deputy curators be chosen to represent the unknown heirs of the late Eduardo Camilleri and the late Gaetano and Giorgio brothers Mifsud in the acts of the schedule of deposit number 1996/2018 in the names Anna Ellul 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 Anna Ellul, housewife, wife of Grazio Ellul, daughter of Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 17th March, 1944, residing in Ħ’Attard (ID 282144M), Jacqueline Micallef, office administrator, wife of Mark Micallef, daughter of Francesco Fabri and Giorgia née Catania, born in Tal-Pietà on the 26th March, 1965, residing in Ħ’Attard (ID 177265M), Josette Camilleri, housewife, wife of Vincenzo Camilleri, daughter of Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 5th May 1959, and residing in Birkirkara (ID 196659M), Emmanuel sive Leli Fabri, pensioner, son of the late Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 16th December, 1952 and residing in Ħal Qormi (ID 891752M), Rita Spiteri, housewife, wife of Victor Spiteri, daughter of Francesco Fabri and Giorgia née Catania, born in Tal-Pietà on the 16th December, 1952, residing in Naxxar (ID 891652M), Lawrence sive Lorry Fabri, pensioner, son of the late Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 4th June, 1947, residing in Siġġiewi (ID 527347M), Salvina Vella, wife of Paul Vella, housewife, daughter of Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 2nd August, 1945, residing in Victoria, Australia (Australian passport number M9391924), Maria sive Mary Dimech, wife of Frank Dimech, pensioner, daughter of Francesco Fabri and Giorgia née Catania, born in Ħal Qormi, on the 16th October, 1949, residing in Nottingham (ID 857749M), Carmen Stagno Navarrra, wife of Peter Stagno Navarra, employed, daughter of Francesco Fabri and Giorgia née Catania, born in Ħal Qormi on the 12th October, 1948, residing in Victoria, Australia (ID 894648M); Francis Catania, pensioner, son of Carmelo Catania and Josephine née Bonnici, born in Ħal Qormi on the 20th July, 1950, residing in Toronto, Canada (Maltese passport number 1268583); Giacinta Mangion, wife of Frans Mangion, housewife, daughter of Carmelo Catania and Josephine née Bonnici, born in Ħal Qormi on the 17th April, 1953, residing in Ħal Qormi (ID 316853M) and Salvino Catania, pensioner, son of Carmelo and Josephine née Bonnici, born in Ħal Qormi on the 5th May, 1949, residing in Birkirkara (ID 401649M) vs Deputy curators to represent the unknown heirs of the late Gaetano and Giorgio brothers Mifsud children of Giuseppe, both born and residing in Ħal Qormi and of the late Eduardo Camilleri son of Giorgio born in Floriana and resided in Ħamrun on the 23rd October, 2018, the applicants Anna Ellul (ID 282144M), Jacqueline Micallef (ID 177265M), Josette Camilleri (ID 196659M), Emmanuel sive Leli Fabri (ID 891752M), Rita Spiteri (ID 891652M), Lawrence sive Lorry Fabri (ID 527347M), Salvina Vella (Australian passport number M9391924), Maria sive Mary Dimech (ID 857749M), Carmen Stagno Navarra (ID 894648M), Francis Catania (Maltese passport number 1268583; Giacinta Mangion (ID 316853M), Salvino Catania (ID 401649M) respectfully submitted:

That the applicants are together the owners of the premises marked with official number 133 previously 69 previously 35, in Triq Spiteri Fremond, Ħal Qormi, which premises overlies a garage of third parties, marked with official number 134, previously marked 70, previously marked 36, (hereunder called the Property) which Property is subject to the annual and perpetual sub-groundrent of €0.34 and another sub groundrent of €2.82 (plan attached and marked as Doc. A1);

The Property was built on a part of developable land of superficial measurement of 79.5 square canes equivalent to 349.01 meters squared (hereunder called the Site) which Site originally was granted by title of perpetual emphyteusis and subject to the annual and perpetual groundrent of three sterling, six shillings and three pence equivalent to €7.72, from Maria Teresa Abela, wife of GioMaria Abela, daughter of Gaetano Galea, to Gaetano and Giorgio Mifsud by a deed of the 7th December, 1905, in the records of Notary Gioacchino Cardona. That this groundrent was redeemed by the successors in title of the applicants by means of a deed dated 10th May, 1952, in the records of Notary Joseph Agius, on which act the direct owner Maria Carmela Farrugia, wife of Giuseppe, daughter of Giacomo Abela and Marianna née Galdes appeared;

That the property forming part of the inheritance of the said Maria Teresa Abela, including the direct ownership of the Property, was divided between her heirs by a deed of the 10th June, 1919, in the records of Notary George Borg Olivier and by which deed such direct ownership was assigned to Carmela Caruana, wife of Eduardo, daughter of the said Maria Teresa Abela. Carmela Caruana died on the 6th February, 1929, and the inheritance devolved in favour of her sister Marianna Vassallo, wife of Emanuele and also in favour of her nieces, Maria Carmela Farrugia, wife of Giuseppe and Antonietta Borg, wife of Giovanni both children of Giacomo Abela;

That by a deed of the 11th September, 1929, in the acts of Notary Carlo Micallef De Caro, the said heirs of the late Carmela Caruana, divided the property derived from her inheritance. On such act the direct ownership of the Property was assigned to Marianna Vassallo. Marianna Vassallo died on the 1st December, 1949, and the inheritance devolved onto her neices the above mentioned Maria Antoinetta Borg and Maria Carmela Farrugia. By a deed of the 6th July, 1951, Maria Antoinetta Borg and Maria Carmela Farrugia divided the property dirived from the inheritance of their aunt Marianna Vassallo and the direct ownership of the Property was assigned to Maria Carmela Farrugia who subsequently appeared on the redemption contract above mentioned;

That by a deed of the 15th December 1905 in the acts of Notary Gioacchino Cardona the above mentioned Gaetano and Giorgio Mifsud, in whose favour the original emphyetutical concession was made, gave the Site to Eduardo Camilleri and Giuseppe Demajo. On the said deed Gaetano and Giorgio brothers Mifsud imposed on the site the sub groundrent of 9 shillings and 11 pence and three grani equivalent to €1.16. Thus the Property is subject to the sub-groundrent of €0.34 due to the sub owners Gaetano and Giorgio Mifsud;

That by a deed of the 21st March, 1908, in the records of Notary Francesco Giorgio Schembri, Eduardo Camilleri and Giuseppe Demajo, divided between them some property that they had in common amongst which the sub-empyteusis and the sub-direct ownership of the Site, with the result that Eduardo Camilleri was assigned the sub-emphyteusis and sub-direct ownership of the portion divided of the Site on which the Property was subsequently built. By a deed of the 5th October, 1908, in the acts of Notary Francesco Giorgio Schembri, Eduardo Camilleri transfered to Salvatore Demanuele, two mezzanines and two underlying tenements recently built on the divisible portion of the Site that was assigned to Eduardo Camilleri on the deed of division above mentioned which is subject to the groundrent and subgroundrent of two sterlings, 6 shillings and 9 pence equivalent to €5.44. These mezzanines and tenements were subsequently demolished and instead the Property was built, and together with the underlying garage occupies the superficial measurement of 103 meters squared. Thus on the deed of the 5th October, 1908, Eduardo Camilleri imposed an increase in the groundrent of €2.82;

That by a deed of the 15th June, 1910, in the acts of Notary Francesco Giorgio Schembri, the mentioned Salvatore Demanuele transfered to Salvatore Catania, namely the predecessor in title of the applicants, the premises marked with official numbers 35 and 36 in Triq Spiteri Femond, Ħal Qormi as subject to the sub groundrent of one sterling, three shillings and four pence equivalent to €2.72. In the humble opinion of the applicants the sub groundrent mentioned in this deed is incorrect because although today the Property consists of one residential premises and an underlying garage, both the premises and the garage have separate official numbers and so in the past were occupied by two mezzanines and two tenements described in the contracts above mentioned as together subject to the groundrent and sub groundrent of €5.44;

The applicants wish to avail themselves of the right granted to them in terms of article 1501 Cap 16 of the Laws of Malta and redeem the subground rent above mentioned, in terms of the same law;

For all intents and purposes, by this present, the applicants are redeeming also the subgroundrents regarding the garage marked as number 134 on which the property of the applicants as described is situated;

Thus, by means of this present the applicants are redeeming and depositing the annual and perpetual subgroundrent due to the unknown heirs of the sub owners Gaetano and Giorgio brothers Mifsud and also of the annual and perpetual sub groundrent due to the unknown owners of Eduardo Camilleri;

Thus, the applicants are depositing the total amount of €85.07 consisting of the following:

1) The sum of €11.75 due to the unknown sub owners Gaetano and Giorgio brothers Mifsud consisting of the following:

- The sum of €9.71 representing the redemption of the annual and perpetual subgroundrent of €0.34 capitalised at the rate of 3.5% as provided by the deed of the 15th December, 1905, in the acts of Notary Gioacchino Cardona;

- The sum of €0.34 representing the laudemium;

- The sum of €1.70 representing the arrears for these last five years of the subgroundrent.

2) The sum of €73.32 due to the unknown heirs of the other subowner Eduardo Camilleri consisting of the following:

- The sum of €56.40 representing the redeption of the annual and perpetual subgroundrent of €2.82 capitalised with the rate of 5%;

- The sum of €2.82 representing the laudemium;

- The sum of €14.10 representing the arrears of the last five years of the subgroundrent.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €85.07 representing the redemption of these annual and perpetual subgroundrents, the laudemium and the arrears of the same sub-groundrents for the last five years to be freely withdrawn by the deputy curators who are appointed to represent the unknown heirs of Gaetano and Giorgio brothers Mifsud and of Eduardo Camilleri in the amounts mentioned and after leaving the relative receipt according to law.

Service: 

1. Anna Ellul (ID 282144M), 33 Orchidea, Triq is-Sagħtrija, Ħ’Attard

2. Jacqueline Micallef (ID 177265M), 9, Brookland, Triq Ħal Warda, Ħ’Attard

3. Josette Camilleri (ID 196659M), 18, Warda, Triq il-Ġirasol, Birkirkara

4. Emmanuel sive Leli Fabri (ID 891752M), 85, Triq San Bartolomew, Ħal Qormi

5. Rita Spiteri (ID 891652M), Swift Apts, Flat 4, Triq il-Markiża Vincenza Bugeja, Naxxar

6. Lawrence sive Lorry Fabri (ID 527347M), Clamps, Triq il-Qiegħa, Siġġiewi

7. Salvina Vella (Australina Passport Number M9391924), Clamps, Triq il-Qiegħa, Siġġiewi

8. Maria sive Mary Dimech (ID 857749M), Clamps, Triq il-Qiegħa, Siġġiewi

9. Carmen Stagno Navarra (ID 894648M), Clamps, Triq il-Qiegħa, Siġġiewi

10. Salvino Catania (ID 401649M), 9, Lucille, Flat 2, Triq il-Vlotin, Birkirkara

11. Giacinta Mangion (ID 316853M), Blk A, Flat 7, Fuq tal-Blat, Ħal Qormi

12. Francis Catana (Maltese passport number 1268583), Blk A, Flat 7, Fuq tal-Blat, Ħal Qormi

Notification:

1. Director Public Registry, Triq il-Merkanti, Valletta

2. Lands Registrar, Casa Bolino, 116, Triq il-Punent, Valletta

3. Commissioner of Lands, Lands Department, Auberge de Baviere, Valletta VLT 2000

4. Deputy Curators to represent the unknown heirs of the late Gaetano and Giorgio brothers Mifsud and of Eduardo Camilleri

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 Lorraine Schembri Orland, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st June, 2019, Application number 1049/2019 by Dr Maurice Gatt et whereby they requested that it will be declared open in favour of Dr Maurice Gatt and Elena Lenicker brother and sister of the decujus in the quota of one fifth (1/5) undivided share; in favour of Charles Gatt, Robert Gatt, Raymond Gatt and Rosemary Paspaliaris children of the late Regina Gatt the latter sister of decujus in the quota of one part of twenty (1/20) undivided share each one of them; in favour of Carol Agius, Diane Micallef and Shirley Micallef children of the late Maria Luigia Micallef the latter sister of the decujus in the quota of one part of fifteen (1/15) undivided share each one of them and in favour of Deborah Agius, Alexander sive Sandro Gatt and Sarah Meli children of the late Joseph Gatt, the latter brother of the decujus in the quota of one part of fifteen (1/15) undivided share each one of them the succession of Yvonne Gatt, unmarried, daughter of the late Giuseppe Gatt and Maria Gatt née Fiorini, born in Bormla, Malta, resided in Mosta and died in Mosta, Malta, on the 14th September, 2018, aged 89, who held identity card number 545829M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th July, 2019, Application number 1148/2019 by Doris Demicoli, whereby she requested that it will be declared open in favour of the same Doris Demicoli, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Rita Micallef, daughter of the decujus the succession of Joseph Demicoli, husband of Doris Demicoli, son of the late Carmelo Demicoli and Frances Demicoli née Vella, born in Ħal Luqa, resided in Ħal Luqa, Malta and died in Tal-Qroqq, Msida, Malta on the 27th December, 2018, aged 82, who held identity card number 0653236M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 16th April, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2154/2015 in the names Automated Revenue Management Services Ltd pro et noe vs Julia Victoria Bettany, the following publication was ordered for the purpose of effecting service on the respondent Julia Victoria Bettany in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Julia Victoria Bettany (ID 180694M) of 122, Mayfair Court, Flat 10, Triq Sant' Aristarku, St Paul’s Bay

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 plc 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 €1,758.87, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law regarding the bill number 101000036318 regarding the premises Panoramic, Trejqet il-Bajja, St Julian’s, which amounts to €1,758.87.

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th June, 2019, Application number 1092/2019 by Edward Muscat whereby he requested that it will be declared open in his favour the succession of his parents Aurelio Muscat, son of Vincenzo Muscat and Carmela née Vacarezzi, born in Tripoli, Libya, and died in Tripoli, Libya, on the 19th August, 1970, aged 69, and Violetta Muscat née Debono, widow of Aurelio Muscat, daughter of the late Carmelo Debono and Michelina Debono née Muscat, born in Tripoli, Libya, and died in Tas-Sliema, Malta, on the 5th April, 1974, aged 62.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st June, 2019, Application number 1054/2019 by Carmel Sant, Maria Dolores Falzon, Christina Mifsud, Paul Sant u Maria Salute sive Marcelle Cipriott whereby they requested that it will be declared open in their favour in equal shares between them the succession of their mother Rosina Sant, widow of Kalċidon Sant, daughter of the late Paolo Camilleri and Dolores née Deguara, born in Rabat (Malta), resided in Ħ’Attard and died in Ħ’Attard, Malta, on the 11th April, 2017, aged 90, who held identity card number 0323126M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th June, 2019, Application number 1044/2019 by Bernardette Dimech and Veronica Mifsud whereby they requested that it will be declared open in their favour in equal shares between them the succession of their mother Maria Anna Saliba, widow of Anthony Saliba, daughter of the late Tony Galea and Maria Carmela Galea née Cilia, born in the United States of America, resided in Ħaż-Żebbuġ, Malta and died in Tal-Qroqq, Msida, Malta, on the 16th January, 2019, aged 84, who held identity card number 0149805L.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree given by the Constitutional Court on the 16th January, 2018, in the records of the Application 92/14, in the names Josephine Azzopardi noe et vs Hon. Prime Minister et, the following publication was ordered for the purpose of service of the respondent Margot Debono Portanier, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Constitutional Court in the names Josephine Azzopardi in her own name and as mandatary of the absent Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis and by decree dated 4th August, 2016, the applicant Anna Maria Saddemni took over the records exclusively vs the Honourable Prime Minister, the Minister for Culture, Justice and Local Government, the Attorney General and Margot Debono Portanier, following the judgement given in the names Josephine Azzopardi in her own name and as mandatary of the absent Anna Maria Saddemi, Patricia Anastasi and Greta Bartolo Parnis, and by decree dated 4th August, 2016, the applicant Greta Bartolo Parnis took over the records exclusively vs the Honourable Prime Minister, the Minister for Culture, Justice and Local Government, the Attorney General and Margot Debono Palmier, on the 22nd November, 2018, the applicant Anna Maria Saddemi (ID 349460M) humbly pleaded:

That by means of the present cause, the interpellant is asking this Honourable Court saving all the necessary and opportune declarations in view of that premised declare:

1. That by the facts brought forward by means of the present constitutional application, the interpellant’s rights to property, to non-discrimination, and to a fair hearing as protected by Articles of the European Convention (art. 6, 14 of the Convention and/or Art. 1 of the First Protocol of the same (as well of the Constitution of Malta (articles 37, 39 and 45 respectively) were violated.

2. Give all the opportune and effective remedies including if necessary that it be declared null or inapplicable in the case in question and at law including Art. 12 A of Cap 158 of the Laws of Malta ‘in parte’ or ‘in toto’ and consequently the eviction of the occupants of the apartment and liquidate that compensation due to the interpellant.

With interests and with costs

That to such requests the respondents answered by pleading that:

1. All the respondents saving the Attorney General are not the legitimate defendants;

2. The interpellant has to bring forward proof of her title;

3. The interpellants never opposed to the conversion of the title to lease;

4. The Maltese State enjoys wide discretion in the control of use of property;

That by means of the decision dated 13th November, 2018, the Honourable First Hall Civil Court (Constitutional Jurisdiction) decided the above cause by upholding the first (1) preliminary plea of the respondent Prime Minister et … omissis … by upholding the third (3), the eleventh (11) and thirteenth (13) of the respondent Attorney General, rejected all the other pleas of the respondent Attorney General, rejected all the other pleas of the respondent occupants.

… omissis …

That in the first place the interpellant wishes to draw the attention of this Honourable Court to the fact that the heading of the judgement is erroneous and this in view of the fact that the records were legitimated in favour of the applicant Patricia Anastasi by means of the opportune decree and not in the name of her sister Greta Bartolo Parnis. Furthermore, the name of the respondent is Margot Debono Portainer and not Margot Debono Palmier, as errenoeously indicated in the heading of the judgement appealed.

That without prejudice to the premised the interpellant felt aggrieved by the above judgement limitedly as regards the head in virtue of which the remedies regarding the liquidation and consequent order for payment of pecuniary and non-pecuniary compensation were limited to the global sum of twenty thousand euro (€20,000).

That the facts of the cause can be summarised in the following:

… omissis …

That the grievances are clear and manifest and consist in the following:

… omissis …

Regarding the compensation of twenty thousand euro (€20,000)

1. That in the first place it is necessary that it be noted in this case the Honourable First Court liquidated the compensation due as regards both the moral damages suffered by the interpellant and the material damages suffered by the same interpellant.

2. In the liquidation of the global sum of twenty thousand euro (€20,000) the Honourable First Court with the utmost respect due did not consider anything expect that it considered:

… omissis …

A. Regarding Moral Damages and Material Damages

3. That it is stated in the first place that in the humble opinion of the interpellant the Honourable First Court did duly consider the economic damages suffered by the interpellant as a consequence of the violation of her funfdamental human rights.

… omissis …

5. The interpellant feels it it is somewhat strange that keeping in view the above the Honourable First Court did not consider in any manner the material damage that the interpellant suffered as a consequence of the violation of her fundamental right to the possession of her property on the part of the Maltese State when it came to determine the compensation due to the interpellant by the same Maltese State.

6. That in this regard the same European Convention (Cap. 319 of the Laws of Malta) provides expressly under Art 13 that,

… omissis …

That as regards the strictly legal matters it is decided that:

18. A remedy for the violation of rights is given so that who suffers this violation be put in the position he would have been in if that violation had not occurred, be given restitution in integrum.

7. That thus it is clear as acknowledged by this Honourable Court by means of the decision cited (Constitutional Court on the 10th March, 2014) it was expressly that the regulatory principle for the liquidation of compensation should be that ‘who suffers this violation be put as far possible in the position he was if this violation had not occurred, be given restitutio in integrum’.

… omissis …

9. That the exercise of retitutio in integrum demanded that the Honourable First Court duly consider all the material damages suffered by the interpellant as a consequence of the entry with retrospective effect of Art. 12A of Cap 158.

10. That the Honourable First Court had to consider that in order that the interpellant and her sisters before her could proceed for the safeguard of their fundamental rights they had in the first place to await the outcome of the first cause intituted by them.

11. That apart from the above it is submitted that the Honourable First Court had to pass to consider all the material loss suffered by the interpellant as a consequence of the above consisting in the rental value of the premises keeping in view the principle of retitutio in integrum.

… omissis …

12. That it is clear that the Honourable First Court completely ignored and without any reason the exercise previewed by the Rules of Court and did not give any consideration to the civil damages suffered by the interpellant.

… omissis …

13. That as shall be submitted hereunder it is clear that the liquidation of compensation due to the interpellant according to the exercise carried out by the Honourable First Court are not equivalent in any manner with the necessity that constitional/conventional procedures offer an effective remedy.

14A. That it is clear and is effectively uncontested between the parties that the said Art. 12A came into effect retrospectively and with an understanding to protect even who like the present occupants were occupying without title.

B. Liquidation of Compensation

15. That as regards the liquidation of compensation due both as regards moral damages and the damages materially suffered by the interpellant it is clear that what the Honourable First Court had to do was to consider in toto all the proof gathered during the proceedings including the technical valuation and clearly ‘ex parte’ issued by Architect Buhagiar.

… omissis …

17. That thus the Honourable First Court would have been just if, differently from the exercise carried out by it where it indicated a rather arbitrary sum, it considered at least the technical report of the Technical Referee appointed by it.

… omissis …

20. That despite of all this the compensation was determined by the Honourable First Court in the global sum of twenty thousand euro (€20,000). The fact is that the legislative power in this country got used that in default of a decisive intervention on the part of our Courts it abuses of its powers without being held responsible as regards the private party in the same manner and up to the same grade that the private party is held responsible as regards the laws promulugated by the State.

… omissis …

21. That the interpellant is of the humble opinion that this Honourable Court is to consider all the facts and principles above enunciated in order to uphold the plaintiff’s demands and this by declaring that with the entry into force of Art. 12A of Cap. 158 a violation of the interpellant’s fundamental human rights took place namely the right to possession and property as a remedy provides that apart that the same Article is without effect as regards the interpellant … omissis … liquidate that sum it deems fit and opportune arbitrio boni viri’.

Thus the interpellant prays this Honourable Court whilst confirming the judgement appealed decided on the 13th November, 2018, by the Honourable First Court Civil Court (Constitutional Jurisdiction) in the names premised saving the necessary corrections in the heading, as equitable and just in the finding of the violation of the fundamental rights of the interpellants, cancel and revoke it in the manner as demanded in this application, with costs of this procedure also against the respondents or either of them.

Notify respondent: Flat 5, Block B, St Julian’s Court, Triq is-Sur Fons, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 18th December, 2018, following a request by Grace Zammit et it was ordered that deputy curators be chosen to represent the unknown owners that have the directus dominus in the records of the schedule of deposit number 2390/2018 in the names Grace Zammit 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 Grace Zammit, wife of Rosario Zammit, housewife, born in Ħaż-Żabbar on the 5th November, 1946, and residing in Ħaż-Żabbar (KI 987546M), Antonia Spagnol, wife of Carmelo Spagnol, housewife, born in Ħaż-Żabbar on the 17th January, 1948, and residing in Marsaskala (ID 118748M), Maria Zammit, wife of Antonio Zammit, housewife, born in Ħaż-Żabbar on the 6th June, 1949, and residing in Ħaż-Żabbar (ID 577249M), Salvina Spiteri, wife of John Spiteri , housewife, born in Ħaż-Żabbar on the 24th December, 1951, and residing in Fgura (ID 52652M); Doris Debono, wife of David Debono, housewife, born in Ħaż-Żabbar on the 12th August, 1954, and residing in Ħaż-Żabbar (ID 612654M), Alfred Pulis, pensioner, born in Ħaż-Żabbar on the 16th April, 1953, and residing in Ħaż-Żabbar (ID 332053M); Joseph Pulis, handyman, born in Ħaż-Żabbar on the 7th June, 1956, and residing in Marsaskala (ID 390256M); Eugenio Pulis, employed, born in Ħaż-Żabbar on the 6th June, 1959, and residing in Gudja (ID 448459M); Salvatore sive Saviour Pulis, employed, born in Ħaż-Żabbar on the 23rd April, 1962, and residing in Ħal Għaxaq (ID 277462M); Emmanuela sive Lilian Spagnol, wife of Joseph Spagnol, housewife, born in Ħaż-Żabbar on the 6th February, 1958, and residing in Ħaż-Żabbar (ID 163458M), and Rita Grech, wife of Emanuel Grech, housewife, born in Ħaż-Żabbar on the 1st October, 1966, and residing in Ħaż-Żabbar (ID 417666M) brothers and sisters Pulis, children of Giuseppe Pulis and Francesca Saveria née Grech in the quota of one twelfth (1/12) undivided share each one of them; Daniela Mifsud, wife of Franco Mifsud, employed, born in Tal-Pietà on the 8th August, 1981, and residing in Ħaż-Żabbar (ID 44078M), and Annabelle Cordina Sciberras wife of Jason Cordina, employed, born in Tal-Pietà on the 1st January, 1987, and residing in Ħal Qormi (ID 62787M) sisters Sciberras, children of Saviour Sciberras and the late Carmen née Pulis in the quota of one twelfth (1/12) undivided part between them together and in solidum between them vs Deputy curators to represent the owners who have the directus dominus on the 12th December, 2018, the applicants Grace Zammit, Antonia Spagnol, Maria Zammit, Salvina Spiteri, Doris Debono, Alfred Pulis, Joseph Pulis, Eugenio Pulis, Salvatore sive Saviour Pulis, Emmanuela sive Lilian Spagnol, Rita Grech, Daniela Mifsud and Annabelle Cordina Sciberras respectfully submitted:

That the applicants are the owners of the farmhouse with number 1, in Triq Latmija, Marsaskala (sometimes indicated as Ħaż-Żabbar), including the garden that is the fields that belong to the same house and form an integral part thereof, all free and unencumbered, with all its rights and appurtenances, with its relative free airspace and underground terrain, as better described in the plan attached as Document A. The property de quo was originally acquired by Giuseppe Pulis by a deed of Notary John Micallef Trigona of the 10th October, 1961, a copy of which is here attached and marked as Document B. For all intents and purposes, the applicants are declaring that the property devolved to them by inheritance of the same Giuseppe Pulis.

As shown in the said document, the property was indicated as subject to the annual and perpetual groundrent of five shillings equivalent to €0.58. The direct owners of this groundrent are unknown to the applicants notwithstanding that the applicants tried to find them, and thus an application is being filed together with this schedule of deposit for the nomination of deputy curators to represent the unknown owner or owners;

The applicants wish to avail themselves of the right granted to them in terms of article 1501 Cap. 16 of the Laws of Malta and redeem the annual and perpetual groundrent of €0.58 which groundrent has to be redeemed at the rate of 5% and this as stipulated by the same article and when capitalised it adds up to €11.60;

For all intents and purposes, the applicants are depositing the groundrent for the last five (5) years amounting to €2.90.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €14.05 representing the last five years of groundrent due and the redemption of this groundrent, as described above, and this to be freely withdrawn by who has a right to it after leaving the relative receipt according to law.

Applicant: 

Grace Zammit, 47, My Nest, Triq l-Għasel, Ħaż-Żabbar

Service: 

Deputy Curators, Law Courts, Valletta

Director Public Registry, Public Registry, Valletta

Lands Registry, Casa Bolino, West Street, 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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 31st May, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on an application of Renald Cutajar (ID 956971M), Theresa Farrugia (ID 126242M), Alexis Bondin (ID 201684M), Claudia Bartolo Bondin (ID 280981M), Rodney Zammit (ID 369398M), Janice Zammit (ID 402690M), Kelly Zammit (ID 59693M), Grazio Bondin (ID 202769M), Franklyn Grech (ID 203795M), Vanessa Grech (ID 417599M), Gerarda Farrugia (ID 1069447M), Christine Camilleri (ID 572774M), Susan Dalli (ID 490371M), Stephen Camilleri (ID 175078M) and David Camilleri (ID 289473M) it was ordered that Deputy Curators be selected to represent the unknown owners in the schedule of deposit number 1126/2019 and in other relative and subsequent acts where they requested:

That by means of a deed of sale in the records of Notary Clyde La Rosa, Carmelo Farrugia (ID 109453M) and Salvatore Farrugia (ID 114355M) acquired the house with number 70, formerly 73 and 74 named Henrietta in Triq Bormla, Paola, which house is subject to the rate of annual and perpetual groundrent of Lm2 equivalent to €4.66;

That subsequently the applicants inherited the property but they never paid the groundrent due and so they are depositing the last five years of groundrent due.

Thus the applicants to saveguard all their interests and thus in order to exempt themselves of any responsibility, are requesting this Court and under its authority are depositing the amount of €23.30 representing five years annual and perpetual groundrent due on the premises de quo, which sum may be freely withdrawn by the respondents who have a right to them after leaving the relative receipt according to law.

Applicants: Renald Cutajar, 7, Sur San Pawl, Cospicua

Respondents: Deputy curators

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

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

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Courts and Tribunals

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a decree dated the 6th day of August, 2019, and this after a written plea numbered 468/19, ordered:

The correction of the Act of Death of Ronald Spiteri, bearing number 2384 of the year 1995, in the column entitled “Particulars respecting the deceased – Whether married or unmarried, widower or widow”, the incorrect surname “Caruana” is to be cancelled and substituted with the correct surname “Cremona”.

 Court of Revision of Notarial Acts

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2019, Application number 440/2019 by Bridget Xuereb and Mark Fenech, whereby following the application Maria Assunta Fenech, pensioner, unmarried, daughter of Gian Battista Fenech and Nazzarena née Galea, born in Mġarr on the 6th May, 1942, and residing in Mġarr, holding Identity Card number 310742M, was interdicted from all acts of civil life by means of a decree given on the 17th May, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 8th August, 2019, the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary 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 8th August, 2019, in the records of the application number 75/2019BS by the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section upon an application filed by John Buttigieg, holder of identity card number 38262G and in the names of other vendors as listed in the promise of sale dated thirty-first (31st) of August of the year two thousand and eighteen (2018) and Daniel Aquilina and his wife Dr Martina Aquilina, holders of identiy card number 485087M and 312887M of ‘Ta’ Sarġina, Triq il-Ħuttaf, Kappara, San Ġwann as to the share of ¾ and of Mario Falzon and his wife Pauline Falzon holders of identity card numbers 783059M and 560460M of 12, Triq l-Eġew, San Ġwann, Malta as to the share of ¼ undivided part, as purchasers in the said shares, so that said curator would represent the uncertain heirs of the said Louis Galea and those of the said Joseph Galea filed on the 23rd July, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, in the mentioned record as well as the other related and subsequent acts. They respectfully premised:

That the applicant John Buttigieg together with the other vendors as listed in the promise of sale agreement of the 31st August, 2018, as subsequently extended, bound themselves to sell and transfer the house number fourteen (14) in Triq San Pietru, Għarb, Gozo, with its annexed garden, including its underground and all its free airspace to Daniel Aquilina and his wife Dr Martina Aquilina in the share of ¾ undivided parts and to Mario Falzon and his wife Pauline Falzon in the share of ¼ undivided part, and this as evidenced in the copy of the promise of sale agreement herewith annexed and marked as Document A;

That these premises originally belonged to Michelangelo Galea together with Giuseppa née Mizzi, who had nine (9) children. These premises were never partitioned throughout the years and therefore it was for this reason that many successors in title came into the picture because some had died and their heirs came in the picture and so forth;

Following extensive searches, applicants traced all the successors in title and therefore they signed the promise of sale agreement. However, there remain two (2) persons who were the children of Michelangelo Galea and Giuseppa Galea née Mizzi (vide family tree annexed as Document B), with whom they had never had any contact and who probably by now they are deceased;

That these two persons whose whereabouts is not known are Louis Galea who owns the share of one out of eighteen parts (1/18) and his brother Joseph Galea who also owns the share of one out of eighteen parts (1/18);

That the applicants procured a valuation from an architect and namely from Architect Joseph P. Dimech which confirms that the price of two hundred seventy-three thousand, seven hundred and seventy-five euro (€273,775) is a fair price and thus the value of the promise of sale agreement is confirmed, and thus the share pertaining to the estate of Louis Galea is that of fifteen thousand two hundred and nine euro and seventy-two cents (€15,209.72c) and to the estate of Joseph Galea is that of fifteen thousand two hundred and nine euro and seventy-two cents (€15,209.72c), which valuation is being herewith attached and marked as Document B1.

Wherefore, applicants respectfully request this Honourable Court to:

i. Appoint a deputy curator so that said curator would represent the uncertain heirs of the said Louis Galea and those of the said Joseph Galea;

ii. Authorise the said deputy curator to appear as a deputy curator on behalf of the uncertain heirs of the said Loius Galea and the said Joseph Galea on the deed of sale in favour of Daniel Aquilina and his wife Dr Martina Aquilina as to ¾ undivided share and in favour of Mario Falzon and his wife Pauline Falzon as to ¼ undivided share of the premises number fourteen (14) in Triq San Pietru, Għarb, Gozo;

iii. Authorise the said deputy curator that from the proceeds of said sale he deducts all due tax relative to and due by the uncertain heirs of Louis Galea and those of Joseph Galea and to deposit the remaining balance – following deducting therefrom the expenses of this present, the fees due to the said deputy curator, and other legitimate expenses which the said deputy curator would have made – in a bank account or with some other financial institution as this Honourable Court deems fit to order.

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 note declaring therein that they 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 this bann, you are to inform forthwith this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff) Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that by a decree dated the 25th July, 2019, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the official letter, reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organisation and Civil Procedure, and this with regard to Raymond Buhagiar of ‘Rima Court’, Flat 3, Triq in-Naħla, Żebbuġ, Gozo and with regard to Maray & Grant Limited of ‘Cobbles’, 186, Triq San Filippu, Birżebbuġa:

Official Letter number 301/2019 in the names of:

Farruiga Catherine

vs

Buhagiar Raymond et 

By means of the present, Catherine Farrugia, holder of identity card number 683055M, hereby calls upon you, to pay the sum of three hundred and five thousand and twenty-four euro and sixty-two cents (€305,024.62c) within seven (7) days from the notification of this letter, which sum represents a part of a sum of money loaned to you, together with legal interest calculated up to the present day, as well as other payments made on your behalf.

That this amount is due to Catherine Farrugia as a result of her being named the universal heir of her late husband John Farrugia, who had loaned to you on several occassions, sums of money which you always obliged to pay back. By means of a judicial letter, bearing reference number 2882/2014, you had already been called upon to pay a sum of money together with interest which had accrued up to that date. Neverthless you had decided to remain in default.

Therefore, you are formally being called upon for the last time to pay the abovementioned sum within the seven (7) day period being hereby conceded to you. Should you choose to persist in your default, the exponent will have no alternative option but to initiate further judicial proceedings against you and do whatever else is necessary to safeguard her rights, including by issuing the necessary precautionary warrants necessary.

This letter is also being sent in terms of Article 2156 of Cap. 16 of the Laws of Malta.

Please be guided accordingly.

With costs

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals