Court Notices published in Govt. Gazette No. 20,278 of 11 October 2019

Notice Registry of the Civil Court, First Hall

Whereas Carmela Scicluna (ID 0033073M) filed an application under oath (No. 930/2019/JVC) demanding the correction of the Act of Birth No. 330/1973 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree dated 4th October, 2019, by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 80/2019(BS), the Court revoked the decree dated 13th August, 2019, and therefore Stephania Tabone, wife of Mark Tabone, daughter of Eugenio Cefai and Salvina Cefai née Camilleri, born in Rabat, Gozo and resides in Żebbuġ, Gozo (ID 16978G), and Maria Zahra, wife of Samuel Zahra, daughter of Eugenio Cefai and Salvina Cefai née Camilleri, born in Rabat, Gozo and resides in Żebbuġ, Gozo (ID 6277G) have been removed from being curators of their interdicted father Eugenio Cefai, son of Martin Cefai and Rose Cefai née Saliba, born in Żebbuġ, Gozo and resides in Long Stay Ward, Psychiatric Wing, Gozo General Hospital, Gozo (ID 9252G), and therefore the curator of the mentioned Eugenio Cefai is to be only his wife Salvina Cefai, daughter of the late Carmel Camilleri and Rita née Cini, born and resides in Żebbuġ Gozo (ID 67356G).

DORIANNE CORDINA

For the Registrar, Courts and Tribunals (Gozo)

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

By means of a decree given by the Courts of Magistrates (Gozo), Superior Jurisdiction (Family Section) on the 21st June, 2019, in the records of the sworn application number 14/2019(BS), in the names Anastasiia Kisling (ID 51165A) vs Deputy curators appointed to represent the absentee Jan Kisling (ID 43367A) ordered the publication of the extract reproduced hereunder for the purpose of service to represent the respondent absentee Jan Kisling terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed on the 21st June, 2019, in the Courts of Magistrates (Gozo), Superior Jurisdiction, Family Section, in the records of the sworn application number 14/2019(BS), in the names Anastasiia Kisling vs Deputy curators appointed to represent the absentee Jan Kisling, the applicant Anastasiia Kisling respectfully submits:

1. That the parties were married on the thirtieth (30th) March of the year two thousand and six (2006), in the Registrar's Office, Sonderborg Kommune, Sonderborg, Denmark, as appears from the Marriage Certificate herewith attached and marked as Doc. A;

2. That from this marriage one (1) daughter was born, on the sixth (6th) December, two thousand and fourteen (2014) and is now four (4) years old, and therefore a minor as appears from the Birth Certificate herewith attached and marked as Doc. B;

3. That their matrimonial life is no longer possible between the parties because of reasons which are attributed solely to the defendant and in fact the parties have been de facto separated since the past three (3) years;

4. That the applicant has been authorised in order to proceed with personal separation from her husband Jan Kisling by virtue of a decree given by this Honourable Court on the fourteenth (14th) June, 2019, in the acts of Letter Number 10/2018 (BS) in the names Anastasiia Kisling vs Jan Kisling, a copy of which is being herewith attached and marked as Doc. C;

5. That therefore the applicant is proceeding by virtue of this sworn application whereby she is requesting that personal separation from her husband Jan Kisling is pronounced, as well as applying the relative consequenses to personal separation between married parties;

6. That furthermore, the applicant requests that this Honourable Court orders that care and custody of the minor child is held exclusively by her as well as giving the relative orders and provisions regarding access and maintenance of the minor child;

7. That also the community of acquests existing between the parties needs to be partitioned;

8. That the applicant declares that she knows of the facts of the case personally;

9. That therefore this lawsuit had to be presented.

Thus, the applicant humbly requests this Honourable Court, saving any other required and necessary declaration, to:

1. Declare and decide that the marriage between the parties has broken down irremediably for the reasons mentioned above, imputable to the defendant Jan Kisling and pronounces the personal separation between the parties;

2. Order that the care and custody of the minor should be held exculsively in the hands of the plaintiff Anastasiia Kisling, saving that the defendant Jan Kisling is given access to the minor as determined by this Honourable Court;

3. Establish maintenance which should be paid in monthly rates by the defendant to the plaintiff Anastasiia Kisling towards the minor child, and orders the same defendant to pay such maintenance to the plaintiff;

4. Liquidate the community of acquests existing between the parties and assignes to each party the relative share from such community of acquests, if necessary with the help of nominated expert/s in order to liquidate the said community of acquests;

5. Apply against the defendant the provisions contemplated in Article 48 et sequitur and the rights under Articles 631 and 633 of Chap. XVI of the Laws of Malta and this from when this Honourable Court declares to be the date in which the reason/s which gave rise to the personal separation between the parties attributed to the defandant;

With all costs against the defendant who is being sub-peonaed so that reference to his oath can be administered

You are therefore ordered to affix an official copy of this bann at the entrance of this Court and to summon whosoever wishes to act as curator to appear before this Registry within six (6) 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 Courts of Magistrates (Gozo), Superior Jurisdiction, (Family Section), with the witness above mentioned of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the above mentioned Court.

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By a decree of the Small Claims Tribunal of 15th February, 2019, the publication of the following extract was ordered for the purpose of service on the respondent Fiorentina Darmenia in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Joseph Gauci (ID 479555M) for and on behalf of Absolute Services Limited of Quinto Court, Flat 8, Triq Dun Ġużepp Micallef, Mġarr, filed a Claim on the 14th February, 2019, whereby they asked the Tribunal to condemn Fiorentina Darmenia of 183, Flat 2, Triq Rudolfu, Tas-Sliema, and Josephine Darmenia to pay the plaintiff nomine the sum of €5000 which amount is due to the plaintiff nomine.

With costs and legal interests

The case (Claim Number 25/2019KCX) is put off on the 22nd October, 2019, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 30th September, 2019, in the records of the Warrant of Prohibitory Injunction in the names MG Administrator Limited et vs Aquilina Louis, Warrant Number 1188/2019 NC, the following publication was ordered for the purpose of service of the respondent Louis Aquilina, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the First Hall Civil Court in the names (Applicant) MG Administrator Limited (C 82547) as administrator of the Condominium of 60, Tigne Towers, Triq Tigne, Ts-Sliema, Ronald Pace Decesare (ID 434027M) Therese sive Risette Wirth (ID 692430M) Myriam Pace (ID 404835M) Marie Louise Pace (ID 102531M) Edwin Pace (ID 305332M) Juliette Pace (ID 639036M) Maria sive Marisa Spiteri (ID 717035M) Emanuel Desira (ID 617936M) Mary Desira (ID 598035M) and Marcia de Carvalho Britto (Swedish passport number 82039168 against (Respondent) Louis Aquilina (ID 47045M) on the 4th September, 2019, the applicant MG Administrator Limited (C 83547) nomine et respectfullly pleaded:

That the interpellants in order to secure their rights wish to withold the respondents and/or people engaged by them from doing any type of construction work or development on the airspace overlying the block of apartments, 60, Tigne Towers, Triq Tigne, corner with Triq Sant'Antnin, Tas-Sliema, as better described in this Warrant.

That the interpellant MG Administrator Limited was appointed as administrator of the block of apartments 60, Tigne Towrs, Triq Tigne, Tas-Sliema and this as results from the confirmation of the Land Registrar.

That the interpellants are all owners of all the apartments in the block of appartments 60, Tigne Towers, Triq Tigne, Tas-Sliema, excluding the penthouse number 10, which is the property of the respondent.

That in the respective contracts of acquistion the respondents were given the right of access to the roof of the block for the installation, maintenance of a tank and televsion aerial.

That the applicant intends to build the airspace in question in a penthouse and the staircase instead of having direct access to the roof shall have access solely to the new penthouse that shall be build.

That thus the servitude that the interpellants shall enjoy shall be completely and irremediably prejudiced with the works proposed.

That thus the interpellants have the right prima facie to access to the roof as it is today which access shall completely finish.

That the interpellants have the right of accsss to the roof from a staircase which is one floor above from the lift stops and thus this access should not be tampered with.

Thus the interpellants are asking this Honourable Court to stop or prohibit the respondent from doing any type of construction work or development on the airspace overlying the block of apartments 60, Tigne Towers, Triq Tigne, corner with Triq Sant'Antnin, Tas-Sliema, as stated in this application.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recur the elements required by law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First all with the witness of Hon. Mr Justice Noel Cuschieri LLD Mag Juris (Eur Law) Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names MG Administrator et vs Aquilina Louis, Warrant Number 1188/2019 NC, has been differed for hearing to the 14th October, 2019, at 1.30 p.m.

Applicant: MG Administrators, The Podium, Block E, Office 1, Triq Dun Ġużepp Bonanno, Ħaż-Żebbuġ

Respondent:

60, Tigne Towers, Triq Tigne, Tas-Sliema

c/o LDGA Ltd, 314, Triq il-Kanun, Santa Venera

Execution:

60, Tigne Towers, The Penthouse, Flat 10, Triq Tigne, Tas-Sliema

Workers in the common parts of the block and/or at 60, Tigne Towers, Triq Tigne, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decee given by the First Hall Civil Court on the 2nd October, 2019, in the records of the Sworn Application in the names Tal-Ħerba Construction Limited vs Gheiti and Sons Limited, Application Number 442/12 GM, following the Warrant of Prohibitory Injunction number 733/2013, the following publication was ordered for the purpose of service of the plaintiff company in the cause Sworn Application 442/12 GM, and namely the company Tal-Ħerba Construction Limited, now T H Construction Ltd, and this in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application, filed in the First Hall Civil Court, in the records of the Sworn Application Number 442/12 GM, and following the Warrant of Prohibitory Injunction with number 733/2013, in the names Tal-Ħerba Construction Limited vs Gheiti and Sons Limited, on the 9th July, 2019, the defendant company Gheiti and Sons Limited (C 36789) respectfully pleaded:

That by means of an application filed on the 17th May, 2013, the plaintiff asked for the issuing of a Warrant of Prohibitory Injuntion against the interpellant regarding the premises or rather apartments or garages without official number and forming part of a block of building with the name Ta' Maria Court which block consists as stated in the application in Triq Ċensu Busuttil, Fgura and this in security of its claims in the amount of €111,238.70, which claim is strongly contested by the interpellant both in this cause and in the cause connected with it Gheiti and Son Limited vs Architect Colin Zamit et (Sworn Application Number 581/12 JRM);

That the warrant demanded by the plaintiff was provisionally upheld by the deceee of the 17th May 2013 and subsequently by another decree of the 14th June 2013;

That by means of another decree given by this Honourable Court following the application of the interpellant with number 343/17 JRM, the request of the interpellant for the cancelling of the above warrant was limitedly as regards the apartments with number eleven and the garage number fifteen, the apartment number six and the apartment number seven forming part of the building with the name 'Ta' Marie Court', Triq Ċensu Busuttil, Fgura and for the rest hold the warrant in force as regards the rest of the estate of the interpellant.

… omissis …

That the interpellant and namely the company Gheiti and Sons Limitred (C 36789) wants only that its property guarantees its debts and that it shall not be prejudiced by being allowed only to sell its property by auction which does not guarantee the best price for the sale or at a time where the property market is not advantageous to the vendor as it is today.

Demand

Thus for all the reasons above premised the interpellant and namely the company Gheiti and Sons Ltd (C 36789) humbly ask this Honourable Court:

i) In the first place to order that the records of the application with number 631/2018 GM, in the names above premised and decreed in camera on the 26th July, 2018, be attached;

ii) To cancel in part the warrant of prohibitory injunction with number 733/2013, in the names above premised by freeing from the effects of the same warrant the garage with number two forming part of the building Ta' Maria Court in Triq Ċensu Busuttil, Fgura and this saving those conditions, provisions measures and orders which it deems fit and opportune to impose namely and if necessary the deposit in the Registry of this Honourable Court of the proceeds of the sale of the same property and as demanded in this application, and this saving every other oportune provision.

With costs against the same plaintiff

The Sworn Applicaction in the names Tal-Ħerba Construction Limited vs Gheiti and Sons Limited, Application Number 442/2012 GM, has been differed for judgement to the 15th October, 2019, at 9.30 a.m.

Notify: Tal-Ħerba Construction Ltd/T H Construction Ltd, Turris Placidus, Triq Ħal Għargħur, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd October, 2019, in the records of the judicial letter number 3776/19 in the names BNF Bank plc vs Dr Jorge Humberto Correia Tome', the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Dr Jorge Humberto Correia Tome' in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To:      Dr Jorge Humberto Correia Tome' (Portuguese passport number J956488), Avenida Jose Malhoa, 22, 1099-012, Lisbon Portugal

By this present the company BNF Bank plc (C 41030) of Level 2, 203, Rue D'Argens, Gżira, Malta refers to your office and functions as director of the same BNF Bank plc (formerly Banif Bank (Malta) plc) from 8th November, 2012, to 20th December, 2015, as well as to the private writing bearing the date of 9th October, 2014, which you entered into together with Joaquim Francisco da Silva Pinto in the name of the company with Adrian Coppini, who at the time was also a director of the company, with the intention of amending the contract of service dated 14th May, 2007, of the said Adrian Coppini in order for him to benefit from the payments and benefits therein mentioned;

The company draws your attention that the said private writing was entered into illicitly without the necessary approvals from the appropriate organs of the company according to law and according to the articles of association of the said company, namely the meeting of the directors and the general meeting of shareholds. It also transpires that the said private writing was entered into without the knowledge of the said organs of the company and behind their backs;

As a director of the company during the relevant time it was your duty to ensure that no agreement is entered into and no payments and/or benefits of the nature described in the said private writing are awarded in the name of the company without the necessary approvals of such organs of the said company;

The company also cautions you, for all intents and purposes, that in so far as the said private writing was entered into unlawfully, in particular, but not limitedly, in breach of article 144(1)(b) of Cap. 386 of the laws of Malta, the same agreement is null and void at law;

As a consequene of your willful and/or negligent actions and omissions as well as the breach of your obligations as director of the company, the said company has suffered and may still suffer significant damages.

Now therefore while placing you formally in mora, culpa and dolo for all intents and purposes at law, the company warns you that the above mentioned agreement bearing the date of the 9th October, 2014, is null and void at law, while holding you responsible as from now for all damages which it has suffered and which it may still suffer as a result of your conduct aforementioned.

So much for your better guidance.

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 23rd October, 2018, following a request by Martin Vella et it was ordered that deputy curators be chosen to represent the unknown emphyteuta in the acts of the schedule of deposit number 1991/2018 in the names Martin Vella 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 Martin Vella (ID 747758M) son of Salvino Vella and Giovanna née Borg Bonaci, born in Tas-Sliema and for any interest she may have his wife Brigid Vella (ID 690859M) daughter of Alexander Cortis and Carmen née Sammut, born in Rabat (Malta) and residing at One Time, Triq G. Hyzler, Ħ'Attard vs deputy curators to represent the unknown emphyteuta, on the 22nd October, 2018, the applicants Martin Vella et respectfully submitted:

That by means of a contract of the 27th February, 2004, in the records of Notary Dr Joseph Tabone, the applicant acquired by perpetual ground rent the urban premises number 21 and 22, Triq Brighella, Ħamrun that is subject to the annual and perpetual ground rent of Lm0.40 that are equivalent to €0.93 that are paid to the respondent;

The applicants wish to avail themselves from the option given to them by law by redeeming the perpetual ground rent in terms of article 1501 of Cap. 16 of the Laws of Malta (Civil Code);

The amount of €0.93 capitalised with the rate of 5% as stipulated by law amounts to €18.60.

Thus the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €18.60 redemption of the said ground rent so that it may be freely given to the respondents after leaving the relative receipt.

Applicants: One Time, Triq G. Hyzler, Ħ'Attard

Notification:

Deputy curators, Law Courts, Valletta

Director Public Registry, Valletta

Lands Registrar, 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. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Alexander Schembri noe (ID 373282M) filed an application under oath (No. 943/2019/JVC) demanding the correction of the Act of Birth No: 82229/2016 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 20th March 2019, in the records of the Sworn Application in the names R&E Online Marketing Limited (C 82438) vs Egaminglab Limited (C 53862) the following publication was ordered for the purpose of service of the respondent company Egaminglab Limited (C 53862) in terms of Artticle 187(3) et sequitur of Cap. 12.

By means of a Sworn Applicvation, filed, in the Civil Court First Hall, in the names R&E Online Marketing Limited (C 82438) vs Egaminglab Limited (C 53862) on the 11th December 2018, the applicant R&E Online Marketing Limited (C 82438) asked this Honourable Court,

1. To declare that the contract signed between the parties dated 6th October, 2017, was terminated as a result of the contractual default on the part of the defendant company as it failed to honour the obligations assumed by it in virtue of the same contract and uphold the other demands amongst which the liquidation of damages and payment of the same.

With costs and legal interests till the date of effectrive poayment against the defendant company from now summoned so that a reference to its evidence be made.

The Sworn Application in the names R&E Online Marketing Limited (C 82438) vs Egaminglab Limited (C 53862) has been deferred for hearing to the 3rd December, 2019, at 9.15 a.m.

Notify defendant company: Dragonara Business Centre, 5th Floor, Dragonara Road, St Julian's STJ 3141

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 10th September, 2019, in the records of the Sworn Application, in the names Malta Dairy Products Limited vs Kevin Camilleri, Application number 669/19 GM, the following publication was ordered for the purpose of service of the respondent Kevin Camilleri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Malta Dairy Products Limited (C 7833) vs Kevin Camilleri (ID 193085M) on the 8th July, 2019, the applicant Malta Dairy Products Limited (C 7833) asked this Honourable Court,

1. To declare that the respondent is a debtor of the applicant in the amount of two hundred and three thousand three hundred and eighty six euro and seventy cents (€203,386.70) representing balance of amount due by the respondent to the applicant company in terms of the notarial contract indicated in the application of the 29th May, 2014, whereby the respondent constituted himself a true, certain and liquid debtor of the applicant company and condemn the respondent to pay the amount premised to the applicant company.

With costs and legal interest as demanded in the application.

The respondent is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Malta Dairy Products Limited vs Kevin Camilleri, Application number 669/19 GM, has been deferred for hearing to Thursday, 17th October, 2019, at 10.30 a.m.

Notify Respondent:1) 45, Heidi, Triq Burmarrad, San Pawl il-Baħar

2) 7, Penthouse, Sovereign Court, Triq id-Dugħ, Marsaskala

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a Decree of the 2nd October, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(5) of the Code of Organization and Civil Procedure (Cap. 12)

That by an application filed by Red Deck Entertainment Limited on the 10th of June, 2019, is asking for the withdrawal of €46,466.02 by Red Deck Entertainment Limited (C 266289) deposited by the schedule of deposit number 1870/17 in the names of:

Red Deck Entertainment Limited (C 266289) vs Emex Technologies Limited C09261233.

The Court ordered the notification of the application with a five (5) working days period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall (Constitutional Jurisdiction) on the 11th September, 2019, in the records of the Constitutional Application in the names Maria Fatima Vassallo et vs Attorney General et, Application Number 129/2019 MCH, the following publication was ordered for the purpose of service of the respondents Joseph Sacco and Josephine Sacco, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court (Constitutional Jurisdiction) in the names Maria Fatima Vassallo (ID 285150M) and John Edward Vassallo (ID 390646M) vs Attorney General, Joseph Alfred Sacco (ID 184046M) and Josephine Sacco (ID 777247M) on the 24th July, 2019, the applicant Maria Fatima Vassallo (ID 285150M) et respectfully pleaded:

i. That by a contract of the 13th May, 1967, in the records of Notary Doctor George Cassar hereby annexed and marked Doc. A, Pauline wife of Advocate Carmelo Caruana or rather the mother of applicant Maria Fatima Vassallo had granted by title of temporary emphyteusis for 17 years to Oscar Bugeja the premises 183 previously 157, Triq is-Sorijiet, Ħal Tarxien, towards the annual and temporary subgroundrent of €58.23 yearly which is paid every six months in advance and to start to run from the 9th May, 1967.

ii. That subsequently by a contract of the 4th November, 1970, in the records of the same Notary George Cassar hereby annexed and marked as Document B, the respondent Joseph Alfred Sacco acquired the remaining period from the said temporary emphyteutical concession from the said Oscar Bugeja.

iii. That the temporary emphyteutical concession lapsed on the 12th May, 1984, and once Joseph Alfred Sacco and his wife Josephine Sacco were Maltese citizens and ordinarily resident in the premises in question they expected that there be applied the provisions of Act XX111 of 1979 and continue to occupy the premises by title of lease with an increase according to the rate of inflation however not more than double and this once every fifteen years.

… omissis …

vi. That thus the premises in question or rather 183 previously 157, Triq is-Sorijiet, Ħal Tarxien devolved on the applicants.

… omissis …

Thus the applicants humbly pray that this Honourable Court saving any necessary and opportune declaration and for the reasons premised the respondents are to state why this Honourable Court should not:

1. Declare and decide that in regard to the applicant the provisions of Article 12 particularly Article 12(2) of Cap. 158 of the Laws of Malta as amended by Acxt XX111 of 1979 and the Act X of 2009 and the provisions of the current laws are giving the right of renewal of the lease to the respondents Joseph Alfred and Josephine Sacco and render it impossible to the applicants to take back possession of their property.

2. Consequently declare and decide that the applicant's rights of enjoyment of her property 183 previously 157, Triq is-Sorijiet, Ħal Tarxien, are being violated, in violation of Article 37 of the Constitution of Malta and the First Article of the First Protocol of the European Convention (The First Schedule of Cap 319 of the Laws of Malta) and thus give him the remedies it deems fit in the situation.

3. Declare and decide that the respondent Attorney General is responsible for compensation and damages suffered by the applicant as a consequence of the provisions of Act XX111 of 1979, which did not create a just balance between the rights of the owners and those of the lesses since they do not reflect the market nor the rental value of the property in question in terms of the European Convention.

4. Liquidate the same compensation and pecuniary and non pecuniary damages as suffered by the applicants in terms of law.

5. Condemn the respondent Attorney General to pay the same compensation and damages liquidated.

With costs as demanded and the respondents are summoned so that a reference to their evidence be made and saving any other action for damages due to the applicants.

The Application in the names Vassallo Maria Fatima et vs Attorney General et, Application Number 129/19 MCH, has been deferred for hearing to Wednesday, 30th October, 2019, at 9.00 a.m.

Respondents: Joseph Sacco and Josephine Sacco, 183, Triq is-Sorijiet, Ħal Tarxien

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals