Court Notices published in Govt. Gazette No. 20,251 of 20th August 2019

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th March, 2019, Application number 431/2019 by Advocate Chiara Frendo as special mandatory of Stefan Haraldsson, whereby she requested that it will be declared open in favour of Birgitta Astrid Haraldsson mother of the decujus in the quota of one half (1/2) undivided share and in favour of Stefan Haraldsson and Magnus Haraldsson brothers of the decujus in the quota of one half (1/2) undivided share between them the succession of Niklas Haraldsson, bachelor, son of Ruben Haraldsson and Astrid Haraldsson, born in Enskede, Sweeden, resided in St Julian's and died in Barcellona, Spain, on the 18th March, 2018, aged 28, who held identity card number 0146773M.

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 a decree given on the 31st 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 Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 21st May, 2019, by Bank of Malta plc, application number 22/19 in the names Bank of Valletta plc with the registration number C2833 vs Joseph Balzan (ID 333867M) et being asked that the Court orders the sale by auction of the:

Apartment internally marked number four (4) on the third floor, ie second floor, forming part from a block of four (4) apartments unnumbered officially known by the name "Emanuel Flats", in Fgura, Triq Kent previously Triq Ġdida unnamed prolongation of Triq Kent, the said block is bounded from the North by the said street, to the East by property of Joseph Gatt or his successors in title and to the West by property of Samuel Chetcuti or his successor in title or mort correct boundaries, the said apartment is subject to annual and perpetual ground rent of thirty-seven euro and twenty-seven cents (€37.27) also the apartment is subject to servitudes resulting from its relative position, otherwise free and unencumbered with all its rights and appurtenances with vacant possession and current state, with common drians and sewage. The said apartment enjoys the right of placing a water tank, television aerial on the roof of the said block of apartments and right access at reasonable time to said roof in case of repair, maintenance and replacement of the said water tank and television aerial. Included with this apartment is a quarter (¼) undivided share of the common parts of the said block of apartments which includes hallway stairwell, stairs to the roof as well as half (½) divided part of the roof of the said block of apartments as well as the washroom situated on the divided part of the roof. The said washroom is situated on the right-hand side when you go up on the roof of the block. The (½) divided roof of the apartment for sale is that one on the side of the road and is bounded on the North by the road, to the South by the rest of the roof and to the East by property of Joseph Gatt or his successors in title or more correct boundaries.

The said tenement is the property of Joseph Balzan (ID 333867M) and Jacqueline Balzan (ID 42271M).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on  the 1st April, 2019,  on the application of HSBC Bank Malta plc (C 3177), Thursday, 19th September, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction,  to be held in Room number 78, near the Courts Archives, Level -1, Courts of Justice, Valletta of the following property.

The apartment without its airspace, internally marked numbed three (3), situated on the second floor (first floor level) of a building block without number, however, internally marked with the letter "B" and forming part of a larger development without number, named "Ta' Anastasja Court" in Triq is-Santwarju Puniku, Ta' Kerċem, Gozo, free and unencumbered and with all its rights and enjoyments. The block of which the apartment forms part was built on a portion of land known as "Ta' Żangura" sive "Tal-Gholja ta' Santa Luċija" sive "Ta' Santa Anastasja" and bounded on East by the said street, with North West by Government property or his successors in title and to the South by property of Josephine Cefai or her successors in title or any other correct boundaries, as well as its common parts pro indiviso according to Article 6 of Chapter 398 of the Laws of Malta and is valued at one hundred and forty-two thousand and five hundred euro (€142,500).

The said tenement is the property of Abou Helan Moawad Ali Moawad (ID67346A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 16th July, 2019, in the records of the General Application in the names Alexandra Sammut Alessi (ID 216577M) vs Rosman Pace (ID 314977M) General Application Number 273/2019 AL, the following publication was ordered for the purpose of service of the respondent Rosman Pace (ID 314977M), in terms of Article 187(3) et sequitur of Cap. 12.

By means of a General Application, filed in the Civil Court (Family Section) in the names Alexandra Sammut Alessi (ID 216577M) vs Rosman Pace (ID 314977M) on the 13th June, 2019, the applicant Alexandra Sammut Alessi (ID 216577M) respectfully pleaded:

That she separated from her husband Rosman Pace by means of a contract published by Notary Henri J. Vassallo, Doc. A;

That from this marriage a boy was born on the 10th March, 2007, named … omissis … and who today is twelve years old;

That although the respondent has written down in the contract of separation that he has access three times weekly to his son, the respondent rarely took interest in his son and sees him only three times yearly;

… omissis …

That the minor is about to receive the Bishop's Confirmation on the 17th November, 2019, … omissis … he is registered in Ħal Balzan, and in order that he can eventually receive the Confirmation over there, he requires the father's signature;

Unfortunately when the minor phoned and asked for his signature in order that he can receive the Confirmation, the respondent started to shout on the telephone that if he did not choose the (father's) cousin as godparent of the minor he was not going to sign for him in order that he can receive the Confirmation;

… omissis …

That the minor shall pass through a very important moment is his life and he deserves to choose the godparent himself.

… omissis …

Thus the interpellant respectfully prays this Honourable Court so that:

a) To authorise the minor … omissis … to receive the Bishop's Confirmation together with his peers at Ħal Balzan Parish, on the 17th November, 2019, without the necessity of the father's signature;

b) To authorise the minor … omissis … to choose the godparent he wishes so that he can share this special day with the person he feels at ease with.

Notify respondent: 83, JMB Flat 1, Triq Nuzzo, Ħamrun

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th June, 2019, Application number 1000/2019 by Stephen Ciantar, whereby he requested that it will be declared open in his favour the succession of his mother Louise Ciantar, widow of Vincent Ciantar, daughter of Emanuel Scerri and Mary Scerri nee Paris, born in Floriana, resided in Birkirkara and died in Birkirkara on the 4th March, 2019, aged 68, who held identity card number 0964850M .

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 19th June, 2019, Application number 1029/2019 by Rose Micallef et, whereby they requested that it will be declared open in favour of Rose Micallef, Maria Teresa Azzopardi, Valentino Azzopardi, Nazzareno Azzopardi and Carmelo known as Charles Azzopardi all brothers and sisters of the decujus in the quota of one sixth (1/6) undivided share each one of them; and in favour of Lawrence Azzopardi and Carmen Cini, children of the late Joseph Azzopardi the latter brother of the decujus in the quota of one sixth (1/6) undivided share between them that is one twelfth (1/12) undivided share each one of them the succession of their brother Paul Azzopardi, bachelor, son of the late Francesco Saverio known as Saverio Azzopardi and Giuseppa née Dingli, born in Ħal Balzan, Malta, resided in Ħal Balzan and died in Ħ'Attard on the 3rd May, 1993, aged 66, who held identity card number 0135127M.

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 3rd July, 2019, Application number 1114/2019 by Notary Dr Rossella Soler, whereby she requested that it will be declared open in favour of Vincent Francis DeGaetano and Cecilia DeGaetano parents of the decujus in the quota of one half (1/2) undivided share between them and the remaining one half (1/2) undivided share in favour of Dr James DeGaetano, Michael DeGaetano and Corinne DeGaetano brother and sister of the decujus in equal shares between them the succession of Gerald DeGaetano, bachelor, son of Vincent Francis DeGaetano and Cecilia née Gaffiero, born in Tas-Sliema, Malta, resided in Msida, and died in Tal-Qroqq, Msida, Malta on the 8th January, 2019, aged 53, who held identity card number 42464M.

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 Civil Court of Voluntary Jurisdiction Section, on the 3rd June, 2019, Application number 925/2019 by Dr Phyllis Aquilina as curator of Monica Buttigieg, whereby Monica Buttigieg holding identity card number 537756M, wife of Raymond Buttigieg, residing at Mount Carmel Hospital, was  interdicted by means of a decree given on the 16th May, 2017, and under the conditions therein mentioned but by means of a decree of the 23rd June, 2019, this decree was revoked  and the said Monica Buttigieg was incapacitated.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th June, 2019, Application number 970/2019 by John Baptist Suban and others, whereby they requested that it be declared open in favour of John Baptist Suban and Father Louis Suban in the quota of one half (1/2) undivided share each one of them the succession of their brother Raymond Suban, son of Joseph Suban and Frances Suban née Bonnici, born in Tal-Pietà, resided in Marsaskala and died in Marsaskala on the 19th August, 2018, aged 63, holding identity card number 0476955M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th July, 2019, Application number 1266/2019 by Corinne Aquilina et, whereby they prayed that it be declared open in favour of the same Corinee Aquilina and Daryll Aquilina in the quota of one half (1/2) undivided share each one of them the succession of their father Raymond Aquilina, legally separated from Mary Anne Spiteri, son of the late Paul Aquilina and Concetta Aquilina née Spiteri, born in Gżira, Malta, resided in San Ġwann, Malta and died in San Ġwann, Malta on the 24th March, 2019, aged 69, who held identity card number 0953449M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th July, 2019, Application number 1268/2019 by Mary Madalene sive Madlyn Calleja Urry et, whereby they prayed that it be declared open in favour of Mary Madalene sive Madlyn Calleja Urry, Monica Brownrigg and Helen Sciberras in the quota of one third (1/3) undivided share each one of them the succession of their mother Olga Brownrigg, widow of Henry Brownrigg, daughter of unknown father and Grazia Cassar, born in Floriana, Malta, resided in Ħal Balzan, Malta and died at Tal-Qroqq, Msida, Malta on the 6th December, 2018, aged 98, and who held identity card number 0494420M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By decree given by the Civil Court, First Hall on the 1st April, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 19th September, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in Room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Flat internally marked by number one (1) in block letter "D" with the external door numbered six (6), in the Government Housing Estate, Vjal il-Ħaddiem previously Għajn Qajjied, limits of Rabat, Malta which block is bounded by all sides with public spaces property of the Government/Housing Authority. The flat is situated in the corner on street level overlying other third parties apartments with main access from Vjal il-Ħaddiem previously Għajn Qajjed and with secondary access from Triq ir-Rumani. The said flat includes proportionate share of the entrance door, hallway, stairs, stairwell and the drainage system and the owner of the flat has the right to install the water tank and television aerial on the roof of the said block. Also including with the said flat is the right of use of the roof at the highest level of the block, however the Government reserves the property rights in his favour to build other floor levels and use common area parts and services, as well as to pass the needed communications from the shafts of the said block or according to other needs, and is valued at one hundred and fifty thousand euro (€150,000).

The said tenement is the property of Guntrip Godwin (ID 223353M) and by decree dated 22nd April, 2019, Dr Joseph Bonnici and LP Davina Sullivan were nominated as deputy curators for the deceased and Guntrip Rita (ID 441359M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 10th April, 2019,  on the application of Galea Leanne (ID 79176M), Tuesday, 17th September, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in room numbered 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartment numbered one (1) forming part of a block named "Mon Cheri", without number, in Triq L. Zamenhoff, Msida, situated on the first floor level, with common block access that abuts on the street and is the sole apartment in this floor, overlying and underlying third parties property, including half undivided share of the common parts of the said block and the whole property of the washroom number one (1) on the roof of the said block, bounded on the  North and West by the said roof, and to the west by washroom number two (2) property of John Agius or his successors in title. The apartment is subject to annual and perpetual ground rent of fifteen Maltese liri (Lm15) equivalent to thirty-four euro and ninety-five cents (€34.95), as described and subject to all the conditions mentioned in the acts of Notary Dr Carmel Mangion dated 10th July, year two thousand (10/07/2000), and the block bounds by East with the said street, North and South with property of Alfred Dimech or his successors in title, or other correct boundaries, and is valued at two hundred and seventy five thousand euro (€275,000).

The said tenement is the property of Camilleri Alfred (ID 81876M) and Camilleri Geraldine (ID 289980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

It is hereby being notified that the Court of Magistrates (Malta) by means of a decree of the 26th March, 2019, in the records of the judicial letter number 1289/2018, in the names Director of the Social Security vs Denise Ann Agius, 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 Denise Ann Agius (ID 222200L) of 6, Cloister's Walk, Triq il-Karmnu, St Julian's, Malta.

By means of this present judicial letter the Director of the 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 €2,241.49 that were unduly paid to you as social assistance (SA) for the period from the 6th October, 2001, to the 31st January, 2003, and this because you failed to inform the Department that within this period you were not entitled to such benefit as you were obliged to do according Cap. 318 of the Laws of Malta.

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

By means of a decree of the 8th July, 2018, in the records of the judicial letter number 1219/19, in the names HSBC Bank Malta plc vs Brian Borg et, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on Brian Borg and Elena Catalina Borg 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 Brian Borg (ID 10576M) of Dunarea, Triq Farsons, Ħamrun and Elena Catalina Borg (ID 31482A) of 11, Flat 2, Triq il-Kan. Indrì Galea, Birkirkara, on the 25th May, 2018, HSBC Bank Malta plc (C 3177) of 32, Triq il-Merkanti, Valletta brings to your formal notice the fact that on the 30th April, 2018, you were in delay of payment for the loan given to you in the acts of Notary Dr Dr Ivan Barbara dated 16th July, 2009, in the amount of €24,531.08 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 €275.60 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 admitt 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

By means of a decree given by the Court of Magistrates (Malta) on the 21st February, 2019, in the records of the judicial letter number 2738/15 in the names Commissioner for Revenue vs Sebastiano 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 Sebastiano Calabretta (ID 20112A) 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 Commisioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, solicits you in terms of Article 59 of Act XII of 1994 so that within two (2) days from the service of this act, you pay the amount of €2,897.79 representing amount due by you pro et noe as value added tax according to the same act.

With costs and further interest till the date of effective payment.

This calling is being made for all the intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the Commissioner of Revenue has against you by means of a Notice notified to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

So much so that you may know how to regulate yourself.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th April, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2774/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Carmen Genovese, the following publication was ordered for the purpose of effecting service on the respondent Carmen Genovese in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Carmen Genovese (ID 517770M) of 3, Blk 2, Taraġ it-Tarznari Antiki, Bormla

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 €3,586.26, 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 according to law regarding to the bill number 101000047382 for the premises Flt 3, Blk 2, Sur San Pawl, Bormla.

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 a decree given by the Civil Court (Family Section) on the 30th July, 2019, in the records of the Sworn Application in the names Ali wajid Shaukat (ID 0080542A) vs Ali Vella Iona (ID 217986M), Sworn Application Number 250/19 AGV, the following publication was ordered for the purpose of service of the respondent Iona Ali Vella, in terms of Article 187 (3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Wajid Shaukat Ali (ID 0080542A) vs Iona Ali Vella (ID 217986M) on the 30th May, 2019, the applicant Wajid Shaukat Ali (ID 0080545A) asked this Honourable Court in terms of Article 66A et sequitur of Cap. 16 of the Laws of Malta:

1. To pronounce the dissolution of the marriage which was celebrated by the parties on the 4th October, 2013, and uphold the other demands in the application.

The Sworn Application in the names Ali Wajid Shaukat (ID 0080542A) vs Ali Vella Iona (ID 217986M), Application Number 250/19 AGV, has been deferred for hearing to Tuesday, 24th September, 2019, at 9.00 a.m.

Notify Respondent: Flat 6, Żerniq, Triq Mons. Mikiel Azzopardi, Siġġiewi, Malta

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 12th February, 2019, following a request by Concetta Fenech et it was ordered that deputy curators be chosen to represent the unknown heirs of Nazzareno Muscat, Giorgio Sant and Giuseppe Zarb in the acts of the schedule of deposit number 265/2019 in the names Concetta Fenech et vs Joint Office within the Lands Authority and 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 Concetta Fenech, retired, unmarried, daughter of John Fenech and Josephine née Chetcuti, born in San Pawl il-Baħar on the 15th October, 1929, and residing in Mellieħa, ID 698529M, who is appearing in her own name and for and on behalf of Pauline Mary sive Pauline Caruana, retired, wife of Andrew Caruana, daughter of John Fenech and Josephine née Chetcuti, born in San Pawl il-Baħar on the 26th March, 1940, and residing in Canada, L6R 1WS, Ontario, Bramption, Orchard Park Gate, number 26, ID 297740M, on behalf of Joseph Fenech, retired, son of John Fenech and Josephine née Chetcuti, born in San Pawl il-Baħar on the 25th August, 1932, and residing in Canada, M6S, 2L1, Ontario, Toronto, Saint John's Street, number 459, ID 548032M; on behalf of Doris Sacco retired, wife of Joseph Sacco, daughter of John Fenech and Josephine née Chetcuti, born in San Pawl il-Baħar on the 12th September, 1933, and residing in Canada, 911-35, Trailwood Drive, Mississauga, Ontario L4Z 3L6, ID 636333M, on behalf of Victoria Seymour retired, widow of Emanuel Seymour, daughter of John Fenech and Josephine née Chetcuti, born in San Pawl il-Baħar on the 7th September, 1936, and residing in Canada, L6M 3W7, Ontario, Oakville, Shornecliffe Boulevard number 2124, ID 619332M; on behalf of Anthony Fenech retired, bachelor, son of John Fenech and Josephine née Chetcuti born in San Pawl il-Baħar on the 8th February, 1947, and residing in Canada, M5B 2H5, Ontario, Toronto, Cartlon Street number 521-20, ID 196447M, vs Joint Office within the Lands Authority and Deputy curators to represent the unknown heirs of Anazzareno Muscat son of Gio Maria and Maria née Camilleri, born in Mosta, Giorgio Sant son of Saverio and Maria née Bezzina, born in Mosta and Giuseppe Zarb son of Carmelo and Vittoria née Bartolo, born in Mellieħa, on the 8th February, 2019, the applicants Concetta Fenech (ID 698529M) proprio et noe respectfully submitted:

That the applicants pay the respondents the sum of €4.39 representing the annual and perpetual groundrent regarding the premises with number 37 previously 43 in Triq il-Parroċċa, San Pawl il-Baħar which premises are built on land on which Paradise Garage is also constructed (see plan here attached and marked as Doc. A);

The said groundrent calculated pro rata respresents:

i) The amount of Lm1.32 equivalent to €3.09 annual and perpetual groundrent due to the Joint Office within the Lands Authority; and

ii) The amount of €1.30 annual and perpetual subgroundrent due to the unknown heirs of Nazzareno Muscat, Giuseppe Zarb and Giorgio Sant;

That the property above mentioned is built on a portion of a larger piece of land acquired by Giovanni Fenech, that is the father of the applicants, from Nazzareno Muscat (son of Giomaria and Maria née Camilleri, born in Mosta) and Giorgio Sant (son of Saverio and Maria née Bezzina, born in Mosta) and Giuseppe Zarb (son of Carmelo and Vittoria née Bartolo, born in Mellieħa) by means of a deed published in the records of Notary Salvatore Abela dated 1st September, 1952 (Doc. B). By means of this deed the said Nazzareno Muscat, Giuseppe Zarb and Giorgio Sant declared that this land is subject to the annual and perpetual groundrent whilst no mention of the subgroundrent was made, consequently, notwithstanding that according to the calculations of the applicants the annual groundrent is calculated pro rata as indicated, the applicants will, for the purposes of this redemption of ground rent, capitalise the sum of €4.39 as redemption of groundrent due to the Joint Office within the Lands Authority and therefore, adding the sum of €1.30, due to the unknown heirs of Nazzareno Musct, Giuseppe Zarb and Giorgio Sant, the applicants will capitalise the total amount of €5.69 for the purposes of redeeming the groundrent;

The said Nazzareno Muscat (son of Giomaria and Maria née Camilleri, born in Mosta) and Giorgio Sant (son of Saverio and Maria née Bezzina, born in Mosta) and Giuseppe Zarb (son of Carmelo and Vittoria née Bartolo, born in Mellieħa) had acquired a portion of a larger piece of land, of which the land in question forms part, which formed part of the Dominicans Convent of Rabat, and this by means of a deed of perpetual emphyteusis published by Notary Salvatore Abela dated 8th July, 1952 (Doc. C);

That Giovanni sive John Fenech died on the 25th April, 1961, and his eight children Concetta, Salvatore, Giuseppe, Dolores, Valentino, Pauline, Victoria and Antonio inherited him in equal shares between them;

By means of a contract in the acts of Notary Joseph Agius dated 31st August, 1961, Concetta, Salvatgore, Giuseppe, Dolores, Valentino, Pauline, Victoria and Antonio gave by title of irrevocable donation, the usufruct of the assests of the inheritance of their father, in favour of their mother Josephine Fenech;

Josephine Fenech, died on the 30th January, 1979, and her inheritance was regulated by a will published by Notary Joseph Agius of the 6th June, 1967, by means of which she left by title of pre-legacy in favour of her daughters who were still unmarried on the date of her death, the general usufruct of her assets;

Valentino Fenech died widower on the 20th March, 1984, and so his assets devolved onto his siblings;

Salvatore Fenech died on the 17th November, 2011, and although he made no will in Malta, his inheritance is regulated by a will that was made in Ontario, Toronto, Canada of the 10th April, 1979, by means of which his assets devolved onto his wife Michelina Fenech. The declaration causa mortis was made by means of a contract dated 22nd April, 2016, in the acts of Notary George Spiteri Debono;

By means of an irrevocable donation dated 6th September, 2017, in the acts of Notary Jean Carl Debono, Michelina Fenech gave by title of donation in favour of Doris Sacco her share of the said property;

The applicants today 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 groundrent in terms of the same law;

That:

i) The sum of €4.39 capitalised at the rate of 5% amounts to €87.80;

ii) The sum of €1.30 capitalised at the rate of 5% amounts to €26.

Thus the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €113.80 representing:

i) The sum of €87.80 representing the redemption of the annual and perpetual groundrent so that it will be freely given to the respondent Joint Office within the Lands Authority after leaving the relative receipt according to law;

ii) The sum of €26 representing the annual and perpetual subgroundrent so that it will be freely given to the respondents the unknown heirs of Nazzareno Muscat, Giorgio Sant and Giuseppe Zarb after leaving the relative receipt according to law. For all intents and purposes the sum of €8.66 is due to the unknown heirs of Nazzareno Muscat; the sum of €8.66 is due to the unknown heirs of Giorgo Sant and €8.66 is due to the unknown heirs of Giuseppe Zarb.

Applicants:

Triq il-Wied, Dar il-Madonna tal-Mellieħa, Mellieħa

Service:    

Joint Office within the Lands Authority, Auberge de Baviere, Valletta VLT 2000

Deputy curators for the unknown heirs of Nazzareno Muscat, Giorgio Sant and Giuseppe Zarb, Law Courts, Valletta

Director Public Registry, Triq il-Merkanti, Valletta

Registrar of Lands, Casa Bolina, 116, Triq il-Punent, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals