Court Notices published in Govt. Gazette No. 20,304 of 29th November 2019

ARB/C040/2019 – VARIATION OF A FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 26th November, 2019, given by the Criminal Court – Honourable Madame Justice Dr Consuelo Scerri Herrera LLD. In the case:  

The Police 

(Inspector Anthony Scerri)

Versus

NIGEL MUSCAT, taxi driver, 24 years, son of Joseph and Susan née Schembri, born in Tal-Pietà, Malta on the 25th August, 1995, residing at 64A, Triq Verdala, Bormla, and/or 234, Lemanique, Flat 5, Triq ix-Xgħajra, Ħaż-Żabbar, and holder Maltese Identity Card bearing number 361195M.   

The Court AUTHORISED the accused NIGEL MUSCAT to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) from the bank account held at Bank of Valletta p.l.c. as indicated in the abovementioned decree. 

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquriy (Magistrate Dr Ian Farrugia LLD) on the 13th July, 2019, which was published in the Government Gazette on the 16th July, 2019, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to NIGEL MUSCAT.

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

ARB/C067/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 27th November, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Doreen Clarke LLD). Compilation Number 175/2019 in the case:

The Police 

(Inspector Kevin Pulis)

Versus

LUKE VELLA, unemployed, 23 years, son of Brian and Sonia (Maria Assunta) née Falzon, born in Tal-Pietà, Malta on the 11th December, 1995, residing at 15, Alley 2, Triq il-Kbira, Ħaż-Żabbar and holder of Maltese Identity Card bearing number 520895M.   

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to LUKE VELLA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 22A and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

By means of a decree given by the Court of Appeal, on the 14th November, 2019, in the records of the Application 870/09 AE, in the names CBM Bookmaker International Ltd (C 3449) vs Vincent Eitienne Vella et, the following publication was ordered for the purpose of service of the respondent company Fenplay Limited, in terms of Article 18793) et sequitur of Cap. 12.

By means of a Notice issued by the Registry Superior Courts on the 25th June, 2019,whereas the written procedures in the cause before the Court of Appeal between Fenplay Limited previously named CBM Bookmaker Internatioinal Limited vs Vincent Eitienne Vella and Anna Vella who was called into the suit by decree of the 21st January, 2010, the Court fixed the hearing of this cause on Tuesday, the second (2) of July, 2019, at 10.00 a.m. and deferred to the 8th October, 2019, at 10.00 a.m. and deferred to the 7th January, 2020, at 9.00 a.m.

Notify: Fairplay Ltd, Hillside, Flat 4, Triq il-Ġiebja, Swieqi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree, give, by the Civil Court First Hall, on the 29th October, 2019, in the records of the Application in the names Wasteserv Malta Limited vs Koscep (Distribution & Business Services) Limited, Application number 959/19 GM, the following publication was ordered for the purpose of service of the respondent company Kosecp (Distribution & Business Services ) Limited, 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 Wasteserv Malta Limited (C 30560) vs Koscep (Distribution & Business Services) Limited (C 31477) on the 9th October, 2019, the applicant company asked this Honourable Court:

1. To proceed to give judgement according to the appolicant’s demand without proceeding to a hearing in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta;

2. Declare the respondent company debtor in favour of the plaintiff company in the sum of euro three hundred thousand nine hundred forty seven and five cents (€300.947.05) representing balance of price of service to the applicant company and condemn the respondent company to pay this sum.

With costs and interest against the respondent company summoned so that a reference to its evidence be made.

The Sworn Application in the names Wasteserv Malta Limited vs Koscep (Distribution & Business Services) Limited, Application number 959/19 GM, has been deferred for hearing to the 5th December, 2019, at 9.00 a.m.

Notify: Koscepo (Distribution & Business Services) Limited, 28/20, Vincenti Buildings, Strait Street, Valletta

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

DKR 138/2016 – Cancellation of a Freezing Order

It is being notified that by a decree dated 19th May, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Antonio Giovanni Vella, LLD) after an application filed by Ali Fauzi Ltetey on the 27th April, 2017, and following judgement given by the same Court on the 16th March, 2017, Compilation number 58/2016, in the case in the names:

The Police 

(Inspector Lara Butters)

(Inspector William Scicluna)

(Inspector Jonathan Ferris)

versus

Ali Fauzi Ltetey, 42 years, son of the late Fauzi and Mediha née Abdel Hamid, born in Tripoli, Libya, on the 17th November, 1977, residing at ‘Dainty’, Flat 1, Triq Depiro, Tas-Sliema, Malta, and holder of identity card bearing number 0027268A. 

The Court Ordered the Cancellation of the freezing order of all the assets of the said Ali Fauzi Ltetey, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Antonio Giovanni Vella, LLD) by a decree dated 7th April, 2016, and published in the Government Gazzette of the 12th April, 2016.

This order is being published according to section 5(6) of Cap. 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Tribunals (Malta)

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 16th October, 2019, following a request by Michael Parnis nomine it was ordered that deputy curators be chosen to represent the absent Sandra Sgambaro in the acts of the judicial letter number 3989/2019 in the names Michael Parnis nomine vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 11th October, 2019, Michael Paris (ID 145864M) in his capacity as liquidator of the company Mirabel Estates Limited (C 3430) with whom the company Atlam Development Co. Ltd was amalgamaged with registered address Villa Anita, 210, Old Railway Road, Ħal Balzan, whilst reference is made to:

i) The contract in the records of Notary Public Emanuel George Cefai dated 22nd November, 1980, by means of which the company Atlam Development Co. Ltd granted to Dr Victor Bajada and John Debrincat the premises that is the maisonette, with number 3, forming part of block number 4, overlying property of Frank Camilleri and his predecessors in title with an underlying garage marked with the letter B, known as Seashell and forming part of the block Bayview Court, in Triq Cordina, Għajnsielem, Għawdex (from here onwards called the Premises) and this by title of perpetual emphyteusis at the annual and perpetual groundrent of Lm57.50;

ii) By a contract in the records of Notary Public Emanuel George Cefai of the 22nd November, 1980, by means of which the same Dr Victor Bajada and John Debrincat sold to Dino Sgambaro the same premises;

iii) Contract in the records of Notary Public Michael Refalo on the 31st March, 1996, by means of which Dino Sgambaro and his wife Eda Sandri transferred the property by title of donation to their daughter Sandra Sgambaro, is soliciting you so that not later than fifteen days from today you pay the sum of €1,473.34 representing the instalments of groundrent due for the years 1996 to 2006 that is for eleven years, and this at the rate of €133.94 equivalent to Lm57.50 per year.

In default, the interpellant shall proceed according to law.

So much for your guidance.

With costs and interest and reserving the years of further groundrent due by the interpellant and in respect of which another seperate judicial letter is going to be filed.

Interpellant: Villa Anita, 210, Old Railway Road, Ħal Balzan

Respondents: Deputy curators

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

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

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Mark Chetcuti, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th November, 2019, in the records of the judicial letter number 3642/19 in the names Advocate Doctor John Refalo noe vs Malta Capital Management Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Mario Praschill in terms of Article 2130(2) of Cap. 16.

In the First Hall of the Civil Court

To

Malta Capital Management Limited

Scott Levy

David George Butler

Petri Markus Tuokko

Anthony O’Driscoll

Mario Praschi (Austrian passport E08388562) AM Gatter 8, A-6811 Gofis, Austria 

Joseph Grioli

Steven Tedesco 

By means of this present Advocate Dr John Refalo (ID 113874M) of 61, Triq San Pawl, Valletta as special attorney of Peter Barry Salter, bearer of British passport number 538512544, refers you to your past/present roles as the Manager of MCM Global Opportunities Fund SICAV plc (SV277) and/or as officials and/or directors of the same company which was acting as the Manager as aforesaid. The said company MCM Global Opportunities Fund SICAV plc today appears to be insolvent and no longer operating.

Whereas the sender is the beneficiary of a substantial sum which was invested in the same company MCM Global Opportunities Fund SICAV plc and which investment has become worthless or has failed because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non-observance of the applicable laws and regulations and the violation of your obligations, including your fiduciary obligations. Whereas consequent to your acts and omissions as above described, the sender has suffered patrimonial damages and will continue to suffer ulterior damages, for which you, or whoever of you, are responsible.

Therefore, while the sender is formally placing all the respondents in mora, culpa et dolo for all effects and purposes of the law, he is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your acts as above described and is presently calling upon you to appear within one month from today for the liquidation of damages suffered by the sender and the payments of the same. The sender is hereby reserving all his rights at law, and is reserving his right to proceed against you according to law, including by issuing the opportune warrants as the case may be, without any further warning.

With interest according to law and 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 28th October, 2019, in the records of the Sworn Application in the names Cassar Carmen vs Camilleri Joseph, Application Number 355/19 AGV, the following poublication was  ordered for the purpose of service of the respondent Joseph Camilleri, 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 Carmen Cassar (ID 493155M) vs Joseph Camilleri (ID 898452M) on the 30th July, 2019, the applicant Carmen Cassar asked this Honourable Court:

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

The Sworn Application in the names Cassar Carmen vs Camilleri Joseph, Application Number 355/19 AGV, has been put off for hearing to Wednesday, 4th December, 2019, at 9.00 a.m.

Applicant: Jesus Mary, Triq Tal-Barrani, Ħal Tarxien

Respondent: Jamine Park, Triq Maria De Dominici, Santa Luċija

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 18th June, 2019, in the records of the Application in the names Jesmond Friggieri vs Ian Fitzpatrick, Application Number 275/16, the following publication was ordered for the purpose of service of the respondent Ian Fitzpatrick, in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an Application filed in the Court of Appeal, Application 275/2016 in the names Jesmond Friggieri (ID 8370M) vs Ian Fitzpatrick, on the 31st October, 2018, the applicant Jesmond Friggierei (ID 8370M) respectfully pleaded:

Demands

That by means of a Notice of a Claim filed on the 21st July, 2016, the interpellant appellant asked the Tribunal to condemn the defendant to pay the sum of €4,925.45c for services rendered as well as the difference in payments due to the appellant.

Pleas

That by means of his reply filed on the 2nd December, 2016, the defendant Fitzpatrick pleaded the following:

1. In the first place and preliminary the request of the plaintiff is prescribed.

2. That without prejudice to the above the defendant cannot understand the basis of the present cause on the amount of €4,925.45c when the original contract between the parties was made in 2012, was calculated on €10.00 per hour for supervision and €15.00 per hour for the teaching that had to be given.

3. That the defendant contends that this was a course tied to the period stipulated by ETC.

Facts

That the appellant by agreement with the respondent supplied a service of advantageous rates and in consideration of this, at the end of the course that he was to deliver he was going to be given a certificate as a recognition from City & Guilds.

Despite that he completed his services with success the respondent never supplied the same certicate and it is impossible for him to do this.

Decide

That by means of a judgement dated 11th October, 2018, in the names premised The Small Claims Tribunal decided the following:

Thus the Tribunal is deciding by rejecting the pleas of the defendant and upholding the plaintiff’s demand limitedly to the sum of €60 besides VAT, with legal interests from the date of the judgement till the date of effective payment.

The grievances of the appellant are clear and manifest and consist in the following:

1. The first grievance - Wrong appreciation of the proof

That as regards the first grievance of the appellants it is pointed out that the Small Claims Tribunal was mistaken when it concluded that the only amount due to the appellant was only for six hours work.

That from the evidence of the appellant it clearly resulted that the global amount demanded from the defendant respondent resulted to emerge from three invoices which were never paid by the defendant and namely:

… omissis …

That despite all this and the rejection of the plea of prescription the Tribunal decided to liquidate the total of six hours work.

The second grievance - The lack of granting of the certificate

That as regards the second grievance brought forward by the appellants it is pointed out that in terms of the agreement reached between the parties the appellant offered an advantageous rate for his services and this with the prospect that at the end of his work he will be granted an appreciation and namely a certificate from ‘City & Guilds’ which certificate could add the value of his work.

It is pointed out that this certicate was never given.

… omissis …

It is submitted that contrary to that decided by the Small Claims Tribunal, once the respondent failed to give the certificate promised and benefited from an advantageous rate as well proved during the proceedings thus the appellant had every right to ask for the difference of that agreed, which difference is the value given to this certificate.

In the present procedures what is being demanded is the value of the certificate that was to be given to the interpellant consequently the difference indicated in Doc. JF 1 a. fol 22.

Thus and in view of the above the appellant respectfully prays that this Honourable Court reform the judgement in the names premised of the 11th October, 2018, by whilst confirming it where it rejected the pleas of the defendant cancel and revoke the rest of the judgement in the names premised by upholding the plaintiff’s demands in full.

With costs of both instances against the defendant.

The Application in the names Jesmond Friggieri vs Ian Fitzpatrick, Application Number 275/16, was appointed for hearing on the 10th January, 2020, at 9.30 a.m.

Notify Respondent: Dalina, Triq l-Għabex, Swatar BKR4182

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

By means of a decree on the 14th November, 2019, given by the Court of Magistrates (Gozo), Inferior Section, whereby it was ordered the subjoined publication for the purpose that deputy curators be nominated in terms of law in the records of Application number 3/2019BS, in the names Steward Malta Managment Limited (C 70624) vs deputy curators to represent the absent and in other relative and subsequent acts. 

By means of an Application filed on 13th November, 2019, in the Court of Magistrates (Gozo),  Inferior Section, in the records of the Application 3/2019BS, in names “Steward Malta Managment Limited vs deputy curators to represent the absent Dirk Piersma”, the applicant Steward Malta Managment Limited (C 70624) respectfully pleaded to:

Pay the applicant the sum of six thousand two hundred and fifty-two euro and thirteen cents (€6,252.13) representing an outstanding balance due for medical services tendered in your favour and upon your instructions by the Gozo General Hospital (as managed by the applicant); as better detailed in documents “A1” - “A4” attached herewith.

With interest and costs against you, including those relating to the 166A judicial letter bearing number 28/19 in the names “Steward Malta Management Limited vs Dirk Piersma” and those relating to the precautionary Garnishee Order in the same names.  

The case is adjourned for the nomination of the deputy curator for the 3rd December, 2019, at fifteen minutes past eleven in the morning (11.15 a.m.). 

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this banns at the entrance of this Court and to summon whosoever wishes to act as curator to appear at this Registry within six days and by means of a minute to submit a declaration that they so wish to act. 

You are also ordered to inform each and every one that if they fail 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 Court of Magistrates (Gozo),  Inferior Section, by means of the witness abovementioned of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit, Magistrate of the abovementioned Court. 

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court First Hall (Constitutional Jurisdiction) on the 9th October, 2019, in the records of the Constitutional Application in the names Mifsud Dorothy vs Attorney General et, Application Number 139/19 LM, the following publication was ordered for the purpose of the defendant Dionisio Micallef, 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 Dorothyt Mifsud (ID 767943M) vs Attorney General (the Palace, Valletta), Dionisio sive Dennis Micallef (ID 0750551M) on the 2nd August, 2019, the applicant Dorothy Mifsud (ID 767943M) respectfully pleaded:

i. That the applicant is the owner of the premises Flat 1, St Joseph House, Triq Nuzzo, Ħamrun, she acquired by deed of separation of the 2nd December, 2008.

ii. That by a deed of a temporary emphyteutical concession of the 31st October, 1979, the applicant and her deceased husband Joseph Mifsud had granted by title of temporary empytheusis to the respondent Dionisio sive Dennis Micallef for 21 years the premises abovementioned towards the annual and temporary groundrent of €465.87 yearly payable every six months in advance.

iii. That this temporary empyhteutical concession lapsed on the 31st October, 2000, and the respondent Micallef because he was a Maltese citizen and ordinarily resident in the premises in question in terms of Act XX111 of 1979, he was granted the right to continue to live in the premises with a rent up to double which had to be €466.00 every six months whilst with the amendments of Act X of 2009 from the 1st January, 2013, he started to pay a rent of €612.00 every six months.

iv. That the premises was decontrolled and despite this, due to the amendments of Act XX111 of 1979, he could not take back possession of the premises.

v. That the applicant was deprived of the enjoyment of her propertry without being given reasonable compensation for the taking of the proprerty in a forcible manner.

… omissis …

Thus the applicant humbly asks this Honourable Court saving any necessary and opportune declaration and for the reasons premised the respondents are to state why it should not:

i. Declare and decide that as regards the applicant the operations of Article 12 particularly Article 12(2) of of Cap 158 of the Laws of Malta as amended by Act XX111 of 1979 and by the operation of Act X of 2009 and by the operation of the current laws are giving the right of reletting to the respondent Dionisio sive Dennis Micallef and render it impossible that the applicants take back possession of the premises Flat 1, St Joseph House, Triq Nuzzo, Ħamrun, her property.

ii. Consequently declare and decide that there are being violated the applicant’s rights to the enjoyment of the property, Flat 1, St Joseph Hose, Triq Nuzzo, Ħamrun, 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 grant them the suitable remedies in the situation.

iii. Declare and decide that the respondent Attorney General is responsible for compensation and damages suffered by the applicant as a consequence of the operation of Act XX111 of 1979, and Act X of 2009, which did not create a just balance between the rights of the owners and those of the lessee since they do not reflect the market nor the rental value of the property in question in terms of law.

iv. Liquidate the same compensation and pecuniary and non-pecuniary damages as suffered by the applicant in terms of law.

v. Condemn the respondent Attorney General to pay the same compensation and damages as liquidated in terms of Law.

With costs as demanded and the respondents are summoned so that a reference to their evidence is made.

The Application in the names Mifsud Dorothy vs Attorney General et, Application Number 139/19 LM, has been deferred for hearing to the 4th December, 2019, at 9.00 a.m.

Defendant: Dionisio Micallef, Flat 1, St Joseph House, 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 18th November, 2019, Application number 2054/2019 by Maria Rosanna Bugeja and Monica Jane Grech, whereby they requested that it will be declared open in their favour in equal shares between them the succession of their aunt Maria Aquilina, unmarried, daughter of Salvatore Aquilina and Rosaria née Baldacchino, born in Senglea, Malta, resided in Paola, Malta and died in Tal-Qroqq, Msida, Malta on the 24th January, 2019, aged 93, who held identity card number 104025M.

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

Banns for Curators 

Republic of Malta 

To the Executive Officer (Courts of Magistrates (Gozo) 

By means of a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 22nd November, 2019, in the records of the Sworn Application in terms of article 495A of the Laws of Malta, bearing reference number 9/2019BS in the names Josephine wife of Michael Camilleri, identity card number 6373G as representative of the absent Maria Tonina Plumley, Stella Theresa Williams, Gloria Christina Swainson, Sophia Tonina Farrugia, Paul and Angelo Farrugia; Spiridione known as Spiru Formosa identity card number 26156G as representative of the absent Joseph Mizzi; Dr Jean Paul Grech identity card number 90080M as representative of the absent Frances Cairns, John Mizzi, Joseph Mizzi, Tony Mizzi known as Anthony; Dolores known as Doris Sultana identity card number 53052G; Rita wife of Saviour Camilleri identity card number 50949G; Martin Lino Portelli Mary Grace Portelli identity card number 14374G and 7780G and the said Mary Grace confirms under oath and states that she knows the facts personally respectively ordered the following publication for the purpose of appointment of Deputy Curators to be chosen to represent the absent Gino Farrugia in the records of the said sworn application and in the relative and subsequent acts filed on the 18th November, 2019.

By means of the said sworn application of Mary Grace Portelli identity card number 14374G humbly submits and confirms on oath whilst she declares that she knows the following facts personally:

1. That this present application relates to the following property: a divided portion of the property at number fifty-six, fifty-seven and fifty-eight (56, 57, 58), Triq San Ġakbu, Nadur, Gozo, which measures a total of about two hundred and eighty-seven point three square meters (287.3sq.m.) bordering North with the road, East partly by property of Rita Camilleri and partly by property of the heirs of Grazia Xuereb, and West by property of the Cuschieri family as shown by the letters A and B, and coloured on the attached document and marked A. 

2. That this property was originally owned by Joseph and Mary spouses Farrugia who regulated their inheritance by means a will in the acts of Notary Joseph Cauchi of the twenty-fifth (25) January nineteen hundred and sixty-three (1963) and appointed as their successors in the shares of one fifth their son Angelo Farrugia and four fifths their daughter Grace wife of Francis Mizzi.

3. Joseph Farrugia died on 12th December, 1963, while his wife Mary died on 8th March, 1966.

4. Upon the death of Angelo Farrugia on 12th January, 2015, his fifth share was inherited by his five children Maria Tonina Plumley, Stella Theresa Williams, Gloria Christine Swainson, Mario Farrugia and Gino Farrugia.

5. Mario Farrugia died and was inherited by his two children Sophie Tonnina Farrugia and Paul Farrugia.

6. Grace Mizzi died on 13th January, 2016, and was inherited by her five children Rita Camilleri, Joseph Mizzi, Angelo Mizzi, Tony Mizzi and Dolores Sultana.

7.  Angelo Mizzi died before his mother, on 28th February, 1993, and therefore his share passed on his three children Frances Cairns, John Mizzi and Joseph Mizzi.

8. That by virtue of a promise of sale signed on the tenth (10) October, two thousand and nineteen (2019), all applicants except for spouses Martin and Mary Grace Lino Portelli, and Rita Camilleri undertook to sell their share of this property to applicant Martin and Mary Grace Portelli at a price calculated on a value of two hundred and twenty-five thousand euro (€225,000) for the whole, while Rita Camilleri, the mother of Mary Grace Portelli, undertook to transfer her share by donation to the latter, on a value also assessed on the basis of two hundred and twenty-five thousand euro (€225,000) for the entirety.

9. This promise was duly registered with the Inland Revenue with reference PS201916165.

10. That left only the respondent Gino Farrugia as the person who has not adhered to this promise. That this defendant has a minimal share of quota four percent (4%) from this property.

11. That in fact the problem is that the applicants have lost all contact with Gino Farrugia and although some time ago the applicants had contacted him on Facebook, his profile today shows that it is inactive and therefore there is no way to communicate with him.

12. That the applicants believe that the price agreed upon between all the applicants is advantageous considering the area of the property, and the state in which the building is, as well as the location in which it is situated, and all the circumstances related to this property as shown by the sworn valuation from an Architect annexed as Document C;

Therefore applicants are respectfully requesting that this Honourable Court, having ordered the publication of this application in the Government Gazette and other local newspaper in terms of article 495A of Cap. 16:

1. Declares that the price and the proposed conditions for the sale of the share all the applicants except Rita Camilleri and spouses Martin Lino and Mary Grace Portelli in the property described above to the same Martin Lino and Mary Grace Portelli is fair and appropriate and that the same price and conditions shall apply to share pertaining to the respondent;

2. Approve the proposed sale, and order the publication of the deed of sale that includes also the share pertaining to the said respondent Gino Farrugia, on a day, time and place to be fixed by the court and therefore appoint Notary Dr Maria Pisani to publish the deed of sale, with the intervention of deputy curators to represent the eventual defaulters on the act.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator represent the absent Gino Farrugia to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act. 

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, abovementioned, as witnessed by the Hon. Magistrate Doctor Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the abovementioned Court. 

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 25th November, 2019, on the application and note of HSBC Bank Malta plc (C 3177), Thursday, 16th January, 2020, at half past ten in the morning (10.30 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 without name and official number marked number one (1) found on the left side on the  first floor of a block unofficially named Cottonera Flats. The block overlays a common entrance in a block of six apartments and a penthouse in Triq Wiġi Rosato, Bormla. The property is free and unencumbered and includes one sixth (1/6) of the undivided shares of the roof and common washroom excluding the penthouse, and also one seventh (1/7) of the common parts that include an entrance, stairs to the roof, the lift, the lift shaft and the drainage system. This property is subject to enjoyment from internal servitudes due to its relative position. The block of apartments and the apartment side to the west with Triq Wiġi Rosato, East to Triq il-Kunċizzjoni and South with third party property or any other correct boundaries. The property is valued one hundred and fifty thousand euro (€150,000).

Apartment without name and official number marked number two (2) found on the right side on the  first floor of a block unofficially named Cottonera Flats. The block overlays a common entrance in a block of six apartments and a  penthouse in Triq Wiġi Rosato, Bormla. The property is free and unencumbered and includes one sixth (1/6) of the undivided shares of the roof and common washroom excluding the penthouse, and also one seventh (1/7) of the common parts that include an entrance, stairs to the roof, the lift, the lift shaft and the drainage system. This property is subject to enjoyment from internal servitudes due to its relative position. The block of apartments and the apartment side to the west with Triq Wiġi Rosato, East to Triq il-Kunċizzjoni and South with third party property or any other correct boundaries. The property is valued one hundred and thirty thousand euro (€130,000).

The said tenement is the property of Small Properties Limited (C 29977).

N.B. The said tenement will be sold as described in the acts of judicial sales number 20/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 28th October, 2019, on the application of Lombard Bank Malta plc (C 1607), Tuesday, 28th January, 2020, 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.

a) Apartments unofficially numbered one (1), three (3) and four 4) as well as the penthouse above the same two apartments, three (3) and four (4), forming part of the block of apartments named Red Rose, officially numbered sixty-eight (68) in Triq is-Swatar, Msida opposite the St Martin’s Foundation school by the other side of the road, therefore the upper part of the road (West) is more commercial. This block of apartments is situated overlying on two other properties officially numbered seventy (70) named ‘Sandalwood’ and numbered sixty-six (66) named ‘Homer’.

b) The garage numbered nineteen letter B (19B) in Triq is-Swatar, Msida, underlying the property officially numbered seventy (70) named ‘Sandalwood’ including half undivided share of the ramp and common space in front of the garages.

c) The garage and the boxroom numbered sixty-six letter A (66A) previously numbered eighteen letter B (18B) in Triq Swatar, Msida, overlying property officially numbered sixty-six (66) and named ‘Homer’ including half the undivided share of the ramp and common space in front of the garages.

The properties above indicated are including all those common parts of the block, including the roof, airspace, and the sub-terrain, common staircase accessible from the street to the entrance, entrance hall, stairs, stairwell, lifts and the liftwell, as well as the communal of the drainage and water rain pipes, the ramp and common space in front of the garages and any other parts intended for common use, free and unencumbered, with all its rights and appurtenances and valued at eight hundred fifty thousand and seventy-four euro and forty-eight euro cents (€850,074.48).

The said tenement is the property of Pyramid Construction Limited (C 43595), Hamdy Madkour (ID 271205L) and Angela Madkour (ID 274063M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 25/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 22nd day of November, 2019, and this after a written plea numbered 1059/19, ordered:

The correction of the Act of Birth of Barbara Maria James, bearing number 4888 of the year 2019, under the column entitled ‘Particulars respecting the child – Names given’ and ‘Name or names by which the child is to be called’, the name ‘Jordan’ is to be inserted before the name ‘Barbara’; and

The correction of the Act of Marriage of Godwin Michael Pullicino and Jordan Barbara Maria formely known as Barbara Maria James, bearing number 2325 of the year 2019, under the column entitled ‘Particulars of the Spouses – Name and Surname’, the words ‘formerly known as Barbara Maria’ are to be deleted.

Court of Revision of Notarial Acts

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts