Court Notices published in Govt. Gazette No. 20,292 of 8 November 2019

By means of a decree given by this Court on the 21st October, 2019, following a request of Petra Whiteford, it was ordered that deputy curators be chosen to represent the absent Alexander Anthony sive Andy Gialanze Whiteford in the Sworn Application Number 137/18 AL, in the names ‘Petra Whiteford vs Alexander Anthony sive Andy Gialanze Whiteford’ and in the other relative and subsequent acts.

By means of an Application filed in the Civil Court (Family Section) in the records of the Sworn Application Number 137/18 AL, Petra Whiteford (ID 361187M) vs Alexander Anthony sive Andy Gialanze Whiteford (ID 44501L) on the 28th May, 2018, the applicant Petra Whiteford (ID 361187M) asked this Honourable Court to pronounce the personal separation between the parties and namely between her and the defendant Alexander Anthony sive Andy Gialanze Whiteford (ID 44501L) for serious and grave reasons imputable exclusively to the defendant and uphold the other reasons in the application.

With costs and all the interests against the defendant from now summoned so that a reference to their evidence be made.

Applicant: 19, Amadeus, Triq l-Assemblea Nazzjonali, San Ġwann

Defendant: Corradino Correctional Facility, Triq il-Belt Valletta, Paola

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

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

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

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Margaret Farrugia vs Mark Anthony Gauci Maistre et, Application Number 153/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Mark Anthony Gauci Maistre in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Margaret Farrugia (ID 0357562M) vs Mark Anthony Gauci Maistre (ID 0473758M) and Housing Authority as amicus curiae filed before the Rent Regulation Board on the 18th July, 2019, the applicant Margaret Farrugia requests with respect that this Board:

1. Declares and decides that the respondent Mark Anthony Gauci Maistre is the occupier of the premises 277, Triq Fleur-De-Lys, Birkirkara in terms of Cap. 158 of the Laws of Malta, which premises were originally granted to father of the respondent that is Guido Gauci Maistre by temporary emphyteusis for a period of 21 years according to the contract of the 16th September, 1977, in the records of Notary Doctor Joseph Henry Saydon, at the annual and temporary ground rent of Lm70 per year payable six months in advance according to the same contract here attached and marked as Document A;

2. Orders that the means test of the occupant Gauci Maistre is carried out, which test is to be based on the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test has to be on the basis of the income of the occupant Gauci Maistre between 1st January and the 31st December, 2018, and on the capital of the same Gauci Maistre on the 31st December, 2018;

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises 277, Triq Fleur-De-Lys, Birkirkara from the 1st January, 2019, and to establish new conditions regarding the lease and in default, if the respondent Gauci Maistre does not satisfy the criteria of income and capital of the means test, the respondent will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent which was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2019, when the said rent is to be increased over and above the rent payable for the preceding three years;

4. Orders, in case the respondent Gauci Maistre does not satisfy the criteria of the income and the capital of the means test, the eviction of the same Gauci Maistre from the premises 277, Triq Fleur-De-Lys, Birkirkara within five years from today.

With costs and the respondent is from now summoned so that reference to his oath be made and without prejudice to the constitutional and conventional rights of the applicant and to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action that may be presented.

Applicant: Margaret Farrugia, 3, Triq Santa Katerina, Ħal Qormi

Respondent: Mark Anthony Gauci Maistre, 277, Triq Fleur-De-Lys, Birkirkara

The application in the names Margaret Farrugia vs Mark Anthony Gauci Maistre et, Application Number 153/2019JD, has been postponed for hearing to the 11th November, 2019, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 3rd October, 2019,  on the application of Debattista Grace (ID 902551M) et, Tuesday, 3rd December, 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 Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

Tenement numbered eighty-four (84), with access from alley numbered two (2), in Triq San Ġużepp, Ħaż-Żabbar, with superficial airspace of approximately three hundred and seventy square metres (370m2) and at the back side is accessible from alley in Triq Lajri, free and unencumbered and is valued at two hundred and ninety thousand euro (€290,000).

Tenement number eighty-four letter A (84A), with access from alley number two (2), in Triq San Ġużepp, Ħaż-Żabbar, free and unencumbered, and valued at one hundred and seventy thousand euro (€170,000).

Ground floor tenement numbered eighty-four letter C (84C), with access from alley number two (2) in Triq San Ġużepp, Ħaż-Żabbar, free and unencumbered and valued at one hundred and seventy thousand euro (€170,000).

The tenement Spiridione Garage in Triq Salvu Astarita, Ħaż-Żabbar, with approximate sixty metres (60m) in depth and six metres (6m) in width with a backyard and aggravated with annual and perpetual ground rent of two euro and thirty-three cents (€2.33) per year and is valued at two hundred and sixty thousand euro (€260,000).

The said tenement is the property of Grace Debattista (ID 902551M), Lorenza Bartolo (ID 135953M), Tereża Frendo (ID 489650M), Maria Lia (ID 87349M), Spiridione Lia (ID 43875M), Kevin Lia (ID 340276M), Mariella Lia (ID 622381M), Simon Lia (ID 419577M) and Mary Grace Farrugia (ID 328079M). 

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree of 30th October, 2019, given 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 (Chapter 12).

By a note filed in the Civil Court, First Hall on 29th October, 2019, by the Commissioner of Revenue is asking to enter as another execution creditor in the judicial sale number 36/13 in the names HSBC Bank Malta plc with the registration number C3177 vs Carmel Spiteri (ID 46150G) in terms of Article 346 of the Code of Organisation and Civil Procedure Chapter 12 of the Laws and that since they are creditors of  Carmel Spiteri (ID 46150G) personally and also as a director on behalf and in representation of Tal-Ġeneral Company Limited with the registration number C 24528 in the sum of four hundred and forty-five thousand three hundred and sixty-six euro and sixty-one cents (€445,366.61) together with interest and other expenses and interest till the effective payment day.

MARVIC FARRUGIA

Għar-Reġistratur, Qrati Ċivili u Tribunali

By decree given by the Civil Court, First Hall on the 3rd June, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 28th November, 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.

Tenement numbered eight (8), in alley number seven (7) situated in Triq Santa Luċija, Naxxar, with its own yard, small garden and well also including its roof and overlying airspace, however in part overlying and in part underlying third party property, tale quale as of today, with access from the same alley, free and unencumbered with all its rights and appurtences, valued at six hundred and forty thousand euro (€640,000).

The said tenement is the property of Valenzia Alexander (ID 404662M) and Valenzia Ingrid (ID 100963M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 26/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 23rd October, 2019, following a request of Matthew Barbara, it was ordered that deputy curators be chosen to represent the absent Yulia Saratova, in the Application for Divorce Number 478/19 JPG, in the names ‘Matthew Barbara vs Deputy Curators’ and in the other relative and subsequent acts.

By means of an Application filed in the Civil Court (Family Section) in the names Matthew Barbara (ID 0090690M) vs as deputy curators to represent the absent Yulia Saratova (passport number 72359A) on the 22nd October, 2019, the applicant Matthew Barbara asked this Honourable Court in order:

1. To pronounce the dissolution of the marriage between the parties and uphold the other demands in the application.

Applicant: 35, Triq Bordino, St Paul’s Bay, Malta

Respondent: Kommuni 30/1, Flat 215, St Petersburg, Russia 195030

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

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

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

Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 29th October, 2019, by the Court abovementioned (AF) in the records of the Sworn Application in the names Leobrant Properties Limited vs Said Sebastian et, Application Number 664/19 AF, the following publication was ordered for the purpose of service of the respondent Joseph Said, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court First Hall in the names Leobrant Properties Limited (C 63814) vs Sebastian Said (ID 367860M), Francis Said (ID 755552M), Emanuel Said (ID 41958M), Joseph Said (ID 576554M), Ryan Montebello (ID 566785M) and Ramona Montebello (ID 456482M) on the 5th July, 2019, the applicant Leobrant Properties Limited (C 63814) for the reasons premised in the application asked this Honourable Court:

1. To condemn the defendants so that within a short and peremptory period that shall be fixed to them, they come forward to the publication of the contract of sale of the house number 101, the tenement number 103, and the garage number 105, with the airspace and basement in Triq il-Vitorja, Ħal Qormi, as subject the premises number 103, alone, to the annual and perpetual groundrent of €9.31, otherwise free and unencumbered, with all their rights and appurtenances as described in this application, and uphold the other demands in the application amongst which the appoinment of curators for the eventual defaulters on the final deed.

With costs as demanded against the defendants summoned so that a reference to their evidence be made.

Applicant: Leobrant Properties Limited, 36, Triq is-Siniskalk, Żejtun

Defendants:

1. … omissis …

4. Joseph Said (ID 576554M), 93, Gold River, Triq Antonio Muscat Fenech, Ħal Qormi

6. … omissis …

The Sworn Application in the names Leobrant Properties Limited vs Said Sebastian et, Application Number 664/19 AF, has been deferred for hearing to Wednesday, 20th November, 2019, at 9.30 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 29th October, 2019, in the records of the Sworn Application in the names Calleja Alan et vs Lia Joseph, Application Number 833/19 AF, the following publication was ordered for the purpose of service of the defendant Joseph Lia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court in the names Alan Calleja (ID 432485M) and his wife Diane Calleja (ID 791247M) vs Joseph Lia (ID 791247M) on the 29th August, 2019, the applicant Alan Calleja and his wife Diane Calleja, premised and asked this Honourable Court to declare:

1. That the same interpellants are the owners of the premises maisonette with its airspace with official number 4, with the name ‘Velmond’ previously ‘Jesmond’, Triq il-Parjan, Mosta. That the defendant is the owner of the basement garage forming part of a building consisting in basement garages at groundfloor level and the applicants’ maisonette.

2. That the applicants applied and obtained from the Planning Authority a permit for the development of the airspace overlying their property with number PA/07604/18.

3. That because the premises property of the respondent partially underlies property of the interpellant, they asked the respondent to grant them access so that the same Architect Valerio Schembri can conclude the condition report.

… omissis …

5. That the defendant not only ignored the applicant’s demand but in his counter-protest presented by him he continued to refute to do this.

Thus for the reasons premised the applicants asked this Honourable Court:

1. To declare that the interpellants have the right to develop the airspace which belongs to them according to the permit abovementioned and uphold the other demands in the application amongst which the liquidation and payment of damages.

With costs as demanded against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in the names Calleja Alan et vs Lia Joseph, Application Number 833/19 AF, has been deferred for hearing to Wednesday, 27th November, 2019, at 9.30 a.m.

Notify defendant: Astor, Triq Giuseppi Callus, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Whereas Joseph Theuma et filed a writ of summons no. 80/2019 (BS)  in the names “Joseph Theuma et -vs- Direttur Reġistru Pubbliku” demanding corrections in the Act of Birth of Joseph Theuma with progressive number two hundred and seventy-two of the year one thousand nine hundred and fifty-nine (272/1959) and Act of Birth of Jason Tewma with progressive number one hundred forty-seven of the year one thousand nine hundred and ninety-six (147/1996).

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 26th September, 2019, by this Court (AGV) in the records of the Sworn Application in the names Barbara Ryan vs Barbara Claire, Application Number 192/19 AGV, in the records of the Letter Number 336/19, following the decree with number 1458/19, given by this Honourable Court on the 19th June, 2019, in the names Ryan Barbara (ID 203590M) vs Claire Barbara (ID 128788M), the following publication was ordered for the purpose of service of the respondent Claire Barbara, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the First Hall Civil Court (Family Section) in the records of Letter number 336/19, following the decree with number 1458/19, given by this Honourable Court on the 19th June, 2019, in the names Ryan Barbara (ID 203590M) vs Claire Barbara (ID 128788M) on the 9th August, 2019, the applicant Ryan Barbara (ID 203590M) respectfully pleaded and asked:

1. That by means of civil rite Ryan Barbara married Claire Barbara née Schembri (ID 128788M) on the 8th July, 2017.

That from his marriage and of Claire Barbara there was born … omissis …, on the 24th July, 2017.

… omissis …

7. That the spouses’ relationship deteriorated and they are now separated de facto with no possibility of a reconciliation.

… omissis …

Thus in view of the premised the applicants humbly ask this Honourable Court:

1. To grant the care and custody of the minor … omissis … jointly in the name of both parents.

2. Declare that the permanent residence of the minor … omissis … should be with the mother, and uphold the other demands in the application.

With costs against the respondent.

The Sworn Application in the names Barbara Ryan vs Barbara Claire, Application Number 192/19 AGV, has been deferred for hearing to Thursday, 5th December, 2019, at 9.00 a.m.

Notify respondent: Mirag House, Triq il-Kurunel Mass, Ħal Tarxien

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 30th October, 2019, by the Court herein mentioned (AF) in the records of the Sworn Application in the names Camilleri Carmel sive Charles vs Camilleri Charmaine sive Carmen, Application Number 850/19 AF, the following publication was ordered for the purpose of service of the respondent Charmaine sive Carmen Camilleri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court First Hall, in the names Carmel sive Charles Camilleri (ID 614855M) vs Charmaine sive Carmen Camilleri (ID 339877M) on the 5th September, 2019, the applicant Carmel sive Charles Camilleri (ID 614855M) asked this Honourable Court:

1. To declare and decide that the Fourth Article of the will of Carmenu Saliba of the 5th March, 2009 (no. 4207/2009) referred only to the movables found inside the property 93A in Triq l-Arċisqof, Valletta and consequently declare that in terms of the said will of Carmenu Saliba, the plaintiff is the owner of one half undivided of the premises or rather apartment 93A, in Triq l-Arċisqof, Valletta, and uphold the other demands in the application.

With costs as demanded in the application.

The Sworn Application in the names Camilleri Carmel sive Charles vs Camilleri Charmaine sive Carmen, Application Number 850/19 AF, has been deferred for hearing to Wednesday, 27th November, 2019, at 9.30 a.m.

Notify respondent: 273, Fl. 3, Triq Haż-Żabbar, Fgura

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 30th of October, 2019 (Application number: 70/2019BS), Bernarda sive Bernardette Muscat, unemployed, wife of Andrew Muscat, daughter of Coronato Ellul and the late Pia née Zammit, born in Victoria, Gozo and residing in Nadur, Gozo, holder of identity card number: 39264G, has been confirmed temporarily incapacitated from all acts of civil life, which incapacition is temporary for the period of six months for all transactions which involve money and payments.

Andrew Muscat, self-employed, son of the late Peter Paul Muscat and Grezzja née Pisani, born in Victoria, Gozo and resides in Nadur, Gozo, holder of identity card number 49858G, has been nominated as her curator, by virtue of the said decree.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals