Court Notices published in the Govt. Gazette no. 20,338 of 28th January 2020

By a decree of the 21st January, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a schedule of set-off filed contemporaneously by KNK Airconditioners Co. Limited on the 28th November, 2019, the approval of the said judicial acts is being demanded for the amount of €4000 following judicial sale by auction 8/19 in the names KNK Airconditioners Co. Limited vs Dennis Kalatsov held under the authority of the said Court on the 27th November, 2019.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree of 21st January, 2020, 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 20th June, 2019, by Pia Camilleri (ID 137539M), Mary Gauci (ID 391859M), John Camilleri (ID 380161M), Joseph Camilleri (ID 502662M), George Camilleri (ID 374865M), Rita Xerri (ID 337570M) and Julie Xerri (ID 192474M) all heirs of the deceased Emanuel Camilleri (ID 562027M) is asking to enter as another execution creditor in the judicial sale number 72019 in the names Peter Paul Cutajar (ID 678946M) vs Rosario Carabott et, 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 Rosario Carabott (ID 678946M) and Louis Leisure Complex Limited with the registration number C 11911, in the sum of five hundred and sixty-two thousand six hundred and fifty-nine euro and fifty-eight cents (€562,659.58) together with interest and other expenses till the effective payment day.

MARVIC FARRUGIA

Għar-Reġistratur, Qrati Ċivili u Tribunali

Republic of Malta    

To the Marshall of the Court

By means of a decree given by this Court on the 20th November, 2019,  following a request of Maleth Aero AOC Limited it was ordered that deputy curators be chosen  to represent the respondents Sea Air d.o.o. and Sea Air Gmbh  in the records of the Application 590/2018RGM,  in the names Maleth Aero AOC Limited vs The Registrar, Civil Courts and Tribunals et and deputy curators and in the  other relative and subsequent acts.

By means of an Application, filed in the First Hall Civil Court, in the names Maleth Aero AOC Limited (C 54721) vs The Registrar, Civil Courts and Tribunals, Sea Air d.o.o. a company registered in the Republic of Croatia with number MBS 030153497 of 67, Vukavorska Street 31207 Klisa/Osijek Croatia and Sea Air Gmbh (Reg 09162000 of Zeppelinstrasse 71-73 Munich, 81649, Germany, Advocate Doctor Antoine Cremona (ID 11980G) in his own name and on behalf of the firm Ganado Advocates and PL Madeleine Firman on the 6th June, 2018, the applicant company Maleth Aero AOC Limited (C 54721) in terms of Article 64 of Chapter 12 of the Laws of Malta premised with respect:

That this is an application for the impugnment of assessment of the taxed bill of costs filed in terms of Article 64 of the Code of Organisation and Civil Procedure and this to impugn the taxed bill of costs issued in the case number 655/16LM (the bill of costs which is beign impugned is being here attached and marked as Doc. MA1).

By means of a sworn application of the 4th August 2016 Sea Air d.o.o. (from now onwards called  Sea Air) together with and for any interest it may have, Sea Air Gmbh both foreign companies and locally represented by the special mandatory Advocate Doctor Antoine Cremona, filed judicial procedures in the names Sea Air d.o.o. a company registered in the Republic of Croatia with number MBS 030153497 of 67, Vukavorska Street 31207 Klisa/Osijek Croatia and for any interest it may have Sea Air Gmbh (Reg 09162000 of Zeppelinstrasse 71-73 Munich, 81649, Germany, and locally represented by the special mandatory Advocate Doctor Antoine Cremona (ID 11980G) and Maleth Aero AOC Limited and Michael O’Brien (Sworn Application number 65/16LM). In these procedures Sea Air and Sea Air Gmbh they were assisted by Advocate Cremona and by other lawyers in the same law firm that is Ganado Advocates which firm is for this reason also being cited in these proceedings impugning the taxed bill of costs;

The said case was eventually cancelled by the Court on the 6th March, 2017;

In short, and to give a background of the facts that led to these proceedings, Sea Air was alleging that Maleth Aero AOC Limited (Maleth) as operator of several aircrafts for which Sea Air was charterer, violated the Aircraft Charter Agreement of the 10th June, 2016.  In particular, in its premises Se Air alleged that not less than 420 flights have been cancelled and this caused damages to the applicants.

Due to these facts, Sea Air requested this Court:

i. To declare and decide that the respondent company Maleth violated the obligations as contractually agreed between the parties in this case;

ii. To declare that the respondent Michael O’Brien acted with gross negligence in the days that led to the signature of the contract on the 10th June, 2016;

iii. To declare that the respondent company Maleth alone or together with the respondent Michael O’Brien individually or together in solidum are responsible for the damages caused to the company Sea Air;

iv. To liquidate the damages suffered by the applicant company Sea Air consisting of real costs and loss of business, if necessary, through the nomination of architects;

v. To order the respondents or any one of them, in solidium and/or by other means, to pay the liquidated sum by the applicants together with the interest due according to law till the date of effective payment and with costs against the respondent company Maleth that is from now summoned so that a reference to its oath be made.

On their part Maleth and Michael O’Brien, responded to these requests by a number of procedural please and on the merits, they also filed a counter-claim where they alleged that Sea Air had breached the contractual obligations it assumed in the Aircraft Charter Agreement above mentioned, and also other ancillary agreements and this caused damages and costs.

Due to this, Maleth requested this Court:

i. To declare and decide that the company Sea Air d.o.o. and Sea Sir Gmbh or any one of them obliged themselves contractually to utilise the minimum number of block hours in terms of the Aircraft Charter Agreement and subsequently obliged themselves to pay the company Maleth Aero AOC Limited the Base Rental for a minimum number of hours and at the agreed rate in the same Aircraft Charter Agreement of the 10th June, 2016;

ii. Declare and decide subsequently that the companies Sea Air d.o.o. and Sea Air Gmbh or any one of them are debtors of the company Maleth Aero AOC Limited;

iii. Liquidate that sum due by the companies Sea Air d.o.o. and Sea Air Gmbh or any one of them to Maleth Aero Limited and which represents the Base Rental regarding that number of block hours that the company Sea Air d.o.o.and Sea Air Gmbh or any one of them failed to utilise in violation of the obligation it assumed and calculated at the agreed rate between the parties;

iv. Condemn the companies Sea Air d.o.o. and Sea Air Gmbh or any one of them pay the amount representing the Base Rental, as liquidated;

v. Declare and decides that the company Maleth Aero AOC Limited incurred costs and suffered damages as a result of the violation of the contractual obligations agreed between the parties;

vi. Declares that the companies Sea Air d.o.o. and Sea Air Gmbh or any one of them is responsible for the incurred costs and caused damages to the company Maleth Aero AOC Limited;

vii. Liquidates the costs incurred and the damages suffered by the company Maleth Aero AOC Limited by the nomination of architects;

viii.Condemns the company Sea Air d.o.o. and Sea Air Gmbh or any one of them pay that liquidated amount to the company Maleth Aero AOC Limited.

For all intents and purposes, the applicants are exhibiting a copy of the sworn application of Sea Air et (Doc. MA2) and also of the defences and counter-claim   of Maleth and Michael O’Brian (Doc. MA3) whilst reserving the right to request that the acts of these proceedings are made part of these current proceedings in the future;

As already said, the case mentioned was cancelled on the 6th March, 2017. At that stage the preliminary defences which were purely of a procedural nature (including whether Sea Air had a juridical personality and/or legal standing to proceed) were still being tackled. No evidence, whether documentary or through witnesses, had been filed in relation to the merits of the case;

It results that on the 23rd February, 2018, the Registrar computed the bill of costs attached as Doc. MA 1.  On the 8th May, 2018, Maleth was notified by a judicial letter to pay the Registrar of Courts the exorbitant sum of €29,669 allegedly due as fees to the Registrar in connection with the case. Maleth is thus considering the date of this service as the date from when the period of one month in terms of Article 64 of Chapter 12 of the Laws of Malta, starts to run;

It is clear that both in the case brought forward by Sea Air and also the counterclaim of Maleth, damages that are still not liquidated were being requested.   It does not result, neither to Maleth nor to the lawyers who represent it, that the parties in this case or their lawyers were ever requested to file a joint note by means of which they agree on the value of the respective claims;

It appears that in fact it was the respondent Registrar, who unilaterally arrived to his conclusions regarding the value of the case. From documents obtained from the court file bearing reference number 655/16 (Doc. MA4), in fact it resulted that the amount that Maleth was requested to pay by the Registrar refers to the counterclaim filed by Maleth, and it appears that it was worked on the value of €3,201,454.79 which the Registrar arrived at on his own initiative.  It appears that this value was computed by the Registrar when he calculated 1568 block hours multiplied at the rate of USD 2,400 for every block hour and added 88 block hours multiplied by the value of USD 2,200.

On the basis of the total value, then, the Registrar continued to add the costs of the case and to this led to the considerable sum which is being claimed;

It seems that the same type of calculations were unilaterally adopted to give a value to the applicant’s claim, and even in this case, the Registrar did not have in his possession a declaration by the parties agreeing on the value; 

It is to be said that in terms of Chapter 12 of the Laws of Malta, that is Schedule A, Tariff A:

4(1) When  the  value  of  a  claim  is  uncertain  or indeterminate  and  the  fees  stated  in  paragraph  3 cannot be applied, the value of the claim shall be assessed in accordance with the following rules:

(f)In causes where the claim is for the Court to declare the existence of a right of the claimant against  any  other  person  which  right  may reasonably  be  inferred  to  be  followed  by  a liquidation  of  the  amount  due,  even  if  such liquidation is not requested in the claim, the claimant  shall  be  obliged  together  with  his claim to submit a sworn declaration stating thebapproximate sum which he believes he couldbclaim if his right is established, and the value tobbe assessed shall be the value declared by the claimant:

… omissis …

In view of the above, and for the reasons that will be explained in detail hereunder, Maleth contends that taxed bill of costs issued by the Court Registrar was computed and issued incorrectly both since the procedure set out by law and confirmed in the customary practice of the Registrar was not followed, and also becasue the computation is, in any event, incorrect.

So the applicants wish to impugn this taxed bill of costs as irregular.

That the complaints of Maleth in this procedure impugning the taxed bill of costs are essentially three:

i. In the absence of a court judgement that liquidates the damages or in the absence of a note by means of which Maleth and Sea Air agree on the respective value of the claims, the Registrar should  not have proceeded to calculate the amount of damages which had to be liquidated. This is even more so when the value is not easily ascertainable from the court file; 

ii. That the calculations are in any case are wrong and exaggerated;

iii. And  taking into account the fact that the case was cancelled.

… omissis …

Thus in view of the above and for the reasons premised, the applicant Maleth in terms of Article 64 of Chapter 12 of the Laws of Malta requests with respect this Honourable Court such that, subject to any necessary and opportune declaration, it:

i. Cancels and revokes the taxed bill of costs attached as Doc. MA1 that was computed by the Court Registrar on the 23rd February, 2018;

ii. Orders that the mentioned taxed bill of costs is computed again on the basis of a calculation or a lesser sum as this Court deems fit;

iii. Gives all those orders and directors that it deems fit and opportune in the circumstances.

With costs against the respondents.

Applicants: Maleth Aero AOC Limited (C 54721) Area 3, Security Gate 1, Malta International Airport, Ħal Luqa LQA 3290

Notification:  Deputy curators 

The  application in the names Maleth Aero AOC Limited vs The Registrar, Civil Courts and Tribunals et noe, Application Number 590/2018RM, has been postponed for hearing to the 26th February, 2020, at 10.00 a.m.

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 th 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 Robert G Mangion LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1060/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Salvina Gatt,  the following publication was ordered for the purpose of effecting service on the respondent Salvina Gatt in terms of Article 187(3) et seq of Cap. 12.

In the Court of Magistrates (Malta) 

To Salvina Gatt (ID 188772M) of 216, Giulietta, Triq F.S. Caruana, Birkirkara.

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,673.48, 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 the bills number 411000072552 that is regarding the premises with address216, Giulietta, Triq F.S. Caruana, Birkirkara.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1585/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Vanguard Billiard Tables Ltd, the following publication was ordered for the purpose of effecting service on the respondent company Vanguard Billiard Tables Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Vanguard Billiard Tables Ltd (C 2597) of Vanguard House, Triq Luqa Briffa, Gżira.

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 €10,017.54, 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 according to law regarding the utility bills with number 101000061543 regarding the premises 5, Vanguard Billiards Tables, Xatt il-Mollijiet, Marsa.

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 of the 17th October, 2019, of the Rent Regulation Board in the records of the Application in the names Afaf sive Anna Abdalla vs Loris Lombardo, Application Number 178/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Loris Lombardo 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 Afaf sive Anna Abdalla (ID 308707L) vs Loris Lombardo (ID 0183968A) filed before the Rent Regulation Board on the 8th August, 2019, the applicant Afaf sive Anna Abdalla (ID 3087071L) requests with respect:

That the applicant used to lease out to the defendant the appartment located at 78, Lafayette Court, Number 6, Vjal il-25 ta’ Novembru, Żejtun, by means of a contract of lease which was signed between the contending parties on the 31st October, 2017, a copy of which contract is being annexed herewith and marked as Doc. A;

That in the month of July 2018 the defendant had informed the plaintiff that he was going to terminate the same lease at the end of July 2018;

That although the contending parties had agreed that the handover of the property in question was to take place on the 31st July, 2018, the defendant vacated the property earlier and in fact no handover took place as had been agreed between the contending parties, and the defendant never handed over the keys to the property to the plaintiff, and in fact left the said keys outside the property;

That when the plaintiff regained possession of the property in question, it resulted that it had suffered substantial damages, both in the property itself as well as in the furniture located therein, and she had also found certain moveables missing from the property in question. So much so that the deposit retained by the plaintiff had to be spent in order to remedy the said damage;

That, due to the fact that no handover of the property occurred as had been agreed between the contending parties, the last month’s rental payment of €600 due to the plaintiff for the month of July was never paid by the defendant;

That moreover, also due to this fact, the defendant did not settle certain utility bills relative to the period throughout which he leased the property in question, and specifically the bills relating to the months of March until July 2018, which bills amount to a total of €379.48, which were incurred by the same defendant, a copy of which bills are being annexed herewith and marked as Doc. B;

That therefore the defendant owes the plaintiff a total sum amounting to €979.48 arising from the contract of lease signed between them, and which amount represents in part rent due for the month of July of the year 2018 and in part utility bills incurred by him as explained earlier on in this application;

That notwithstanding the fact that the defendant has been called upon on numerous occasions in order to effect this payment, including by means of two judicial letters having the reference number 2180/18 and 1669/19 respectively, sent in accordance with article 166A of Chapter 12 of the Laws of Malta, he remained in default in this respect and thus these procedures had to be instituted;

That, therefore, the plaintiff humbly requests that this Honourable Board orders the defendant to pay the plaintiff the total sum of €979.48, representing rent due for the month of July of the year 2018 and utility bills for the months of March until July of the year 2018.

With expenses, including those relative to the judicial letters having the reference number 2180/18 and 1669/19 and with interests according to law, from the 31st July, 2018, until the date of effective payment.

Plaintiff: 78, Lafayette Court, No. 4, Vjal il-25 ta’ Novembru, Żejtun

Respondent: 179, Triq Santa Monika, Raħal Ġdid

The application in the names Afaf sive Anna Abdalla vs Loris Lombardo, Application Number 178/2019JD, has been postponed for hearing to the 13th February, 2020, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the18th September, 2019, handed down by the First Hall of the Civil Court in the records of the judicial letter number 3719/2018 in the names Reuben Bonnici noe vs Denim Services Ltd, the following publication was ordered for the purpose of effecting service on the respondent company Denim Services Ltd in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Denim Services Ltd (C 2481) of B45, Bulebel Industrial Estate, Żejtun

By the present, Reuben Bonnici (ID 448471M) for and on behalf of the company 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 Corporation 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 Chapter 12 of the Laws of Malta and solicits you to pay the amount of  €64,524.62 which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meters, administrative costs 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 bill number 101000076603 regarding the premises with address Denim Services Ltd, B21A, Bulebel Industrial Estate, Żejtun.

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 Chapter 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 First Hall Civil Court (MCH) on the 27th November, 2019, in the records of the Sworn Application in the names Power Cut Limited vs Camilleri Victor, Application Number 1012/2019 MCH, the following publication was ordered for the purpose of service of the defendant Victor Camilleri, in terms of Article 187(3 ) et sequitur of Cap. 12.

By means of a Sworn Application presented in the First Hall Civil Court in the names Power Cut Limited (C 12535) vs Victor Camilleri (ID 484877M) on the 24th October, 2019, the applicant Power Cut Limited (C 12535) asked this Honourable Court:

1. To condemn the respondent so that within a short and peremptory period fixed to him by this Honourable Court he returns the machine ‘band saw’ he leased on the 1st October, 2018, back to the  plaintiff company, liquidate the amount due as payments of rent for the same machine due by the respondent to the  plaintiff company from the 1st October, 2018, till the date the said machine is returned at the amount of forty euro daily, besides other payments requested including expenses.

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

The Sworn Sapplication in the names Power Cut Limited vs Camilleri Victor, Application Number 102/2019 MCH, has been put off for hearing to the 26th February, 2020, at 9.00 a.m.

Notify: Victor Camilleri, 54, Redentur, Triq Nerik Xerrri, Ħal Kirkop

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court (MCH) on the 12th November, 2019, in the records of the Sworn Application in the names Mifsud Malcolm Av. Noe vs Manisol Gaming Limited, Application Number 1002/2019 MCH, the following publication was ordered for the purpose of service of the defendant company Manisol Gaming Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the First Hall Civil Court in the names Advocate Dr Malcolm Mifsud in the name and in representation of the foreign company Bauer Media AB vs Manisol Gaming Limited (C 79045) on the 22nd October, 2019, the appplicant Advocate Dr Malcolm Mifsud in the capacity premised asked this Honourable Court:

1. To decide the cause without proceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondent company is a debtor of the applicant company Bauer Media AB for the sum of four hundred forty-four thousand, five hundred fifty-four SEK (SEK 444,554) equivalent to forty-one thousand, two hundred and ten euro and sixteen cents (€41,2010.16) together with legal interest and uphold the other demands in the application.

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

The Sworn Application in the names Mifsud Malcolm Av. noe vs Manisol Gaming Limited has been deferred for hearing to the 26th February, 2020, at 9.00 a.m.

Respondent: Manisol Gaming Limited (C 79045), Regent House, Office 31, Triq Bisazza, Tas-Sliema SLM 1640

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 22nd January, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, Voluntary Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 22nd January, 2020, ordered that provisionally care and custody of the minor daughter … omissis … born on 8th November, 2016, is entrusted to the mother Najwa Akeel alone, in the records of the application number 6/2020BS by the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section upon an application filed by Najwa Akeel (ID 165658A) in the Court of Magistrates (Gozo), Superior Jurisdiction, Voluntary Section, in the mentioned record as well as the other related and subsequent acts. The applicant pleaded with respect:

That the applicant has lost all contact with her husband and the father of her daughter. That she lives in Gozo with her daughter that is now three years. That recently she is having difficulties because each time she is asked to show something that shows that she has the care and the custody alone of her daughter. So for example she cannot make the identity card for her daughter and is having difficulties in case of hospital and education.

Therefore the applicant humbly asks this Honorable Court to order that the care and custody of the minor … omissis … who was born on the 8th November, 2016, to be entrusted to the mother Najwa Akeel alone.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

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

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

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 15th April, 2019, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 2229/16, in the names Director (Property Tax) for the Commissioner of Revenue vs Joseph Solazzo, ordered the following publication for the purpose of service in terms of Article 187(3) of Chapter 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Joseph Solazzo (ID 579265M) of  20, Arsenal Fl. 4, Triq Sant’Andrija, Valletta VLT 12, on the 30th August, 2016, the Director (Property Tax) for the Commissioner of Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €160.00 due as additional tax or interest according to the Demand Notice for Payment here attached and marked as Doc. C.

Because you failed to pay the amount due although a demand for payment was made (see the same Doc C above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 60A of the Act regarding the Tax on Documents and Transfers (Chapter 364 of the Laws of Malta).

Pay the costs of this act.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th December, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2116/2019 in the names Atmost Malta Limited vs Mark Zammit et, the following publication was ordered for the purpose of effecting service on the respondents Mark Zammit and the company NXR Twenty Five 04 Services Limited  in terms of Article 187(3) and 187 (4) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Malta) 

To Mark Zammit (ID 224485M) of Gubina, 313, Triq Ta’ Taħt l-Irdum, Santa Maria Estate, Mellieħa MLH 2747 and

NXR Twenty Five 04 Services Limited (C 71485) of Gubina, 313, Triq ta’ Taħt l-Irdum, Santa Maria Estate, Mellieħa  MLH 2747

By the present, Atmost Malta Limited of 4, Triq Konti R. Barbaro, Ħ’Attard, Malta solicits you for the last time to pay the amount of €3,608 due as the price of a fireplace and accessories and wood and for the installation works and this according to the statement already sent to you a copy of which is here attached with this letter and marked as Doc. A.

If you fail to pay within three (3) days further procedures will be taken against you according to law without further notice.

With interest according to law till the date of payment.

Pay also the costs of this letter.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th December, 2019, Application number 2212/2019 by Pauline Tanti et whereby they requested that it will be declared open in favour of Pauline Tanti wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Mary Anne Gatt, Filippa sive Phyllis Tanti, Rennie Tanti and Alexander Tanti children of the decujus in equal share between them the Succession of Toninu Tanti, husband of Pauline Tanti, son of the late Filippu Tanti and Anna Tanti née Costa, born in Ħal Luqa, Malta, resided in Ħal Għaxaq, Malta, and died in Tal-Qroqq, Msida, Malta, on the 20th January, 2019, aged 80, and who held identity card number 0108238M.

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 17th October, 2019, Application number 1836/2019 by Dr Errol Cutajar as mandatory of Paul Walter Mallia who is abroad whereby he requested that it will be declared open in favour of Melita Mary née Grech wife of the decujus the Succession of Edward Grech, husband of Melita Attard, son of Emanuele Grech and Grace née Mallia, born in Detroit, United States of America, resided in Michigan, United States of America and died in Michigan, United States of America on the 19th August, 1993, aged 66.

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 5th September, 2019, Application number 1566/2019 by Stanislav sive Stanley Mangion as mandatory of Antonia Maria Mangion who is abroad whereby he requested that it will be declared open in favour of Antonia Maria Mangion the Succession of Joseph John Mangion, husband of Antonia Maria Mangion, son of Francis Mangion and Maria Bezzina, born in Mosta, Malta, resided in Doonside, Jew South Wales, Australia, and died in Westmead, New South Wales, Australia, on the 21st April 2003, aged 54.

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 5th September 2019, Application number 1567/2019 by Stanislav sive Stanley Mangion as mandatory of Carmen Judith Mangion who is abroad whereby he requested that it will be declared open in favour of Carmen Judith Mangion the Succession of Emanuel Mangion, husband of Carmen Judith Mangion, son of Francis Mangion and Maria Bezzina born in Mosta, Malta, resided in Marayong, New South Wales, Australia, and died in Druitt, New South Wales, Australia, on the 1st May, 2007, aged 60.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th December 2019, Application number 2220/2019 by Lawrence Galea et whereby they requested that it will be declared open in favour of Lawrence Galea husband of the decujus in the quota of one fourth (1/4) undivided share and in favour of Natalia and Jurgen brother and sister Galea children of the decujus in the quota of three parts of eight (3/8) undivided share share each one of them the Succession of Angela Galea, wife of Lawrence Galea, daughter of the late Victor Saliba and Gemma née Mifsud, born in Żejtun, Malta, resided in Żejtun, Malta, and died in Tal-Qroqq, Msida, Malta, on the 9th February, 2019, aged 53, and who held identity card number 0491565M, who died holding a will.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th December, 2019, Application number 2218/2019 by Pauline Bonello whereby they requested that it will be declared open in favour of Pauline Bonello, Alfredo sive Alfred Tagliaferro and Rita Attard Tagliaferro, children of the decujus in the quota of one third (1/3) undivided share each one of them the Succession of Carmela Tagliaferro, widow of Antonio Tagliaferro, daughter of the late Paolo Caruana and Gaetana née Gatt, born in Żejtun, Malta, resided in Żejtun, Malta, and died in Tal-Qroqq, Msida, Malta, on the 26th August, 2019, aged 92, and who held identity card number 0014628M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th December 2019, Application number 2216/2019 by Rosaria sive Rosette Fava whereby she requested that it will be declared open in her favour in its entirety the Succession of her father Grazio Mifsud, widower of Marija sive Mary Mifsud née Cassar, son of the late Giuseppe Mifsud and Antonia née Baldacchino born in Żejtun and died in Tal-Qroqq, Msida, Malta, on the 3rd April, 2019, aged 84, and who held identity card number 0275135M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

It is hereby 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 21st January, 2020, and this after a written plea numbered 13/2020, Ordered:

The correction of the Act of Marriage of Chan Kam Wa and Carmela Farrugia, bearing number 611 of the year 1967, so that in the column with the heading ‘Particulars respecting the husband – name and surname’ and in the statement of Canon Louis Abela ‘in calce’ of the same act, the words ‘Chan Kam Wa’ shall be deleted and substituted by the words ‘Kam Wa Chan’ clarifying that the name of the husband is ‘Kam Wa’ and his surname is ‘Chan’.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Notice Registry of the Civil Court, First Hall

Whereas Maria sive Winnie Sammut Grech (ID No. 824256M) filed an application under oath (No. 68/2020/JVC) demanding the correction of the Act of Birth No. 8242/1956 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,

KAREN FALZON

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 21st January, 2020, and this after a written plea numbered 734/2019, ordered:

The correction of the Act of Marriage of Mohamed Abdelmawla and Marcela Becvarova, bearing number 3658 of the year 2018, so that in the column with the heading: “Information about the spouses – name and surname” and in the Addendum of the same Act of Marriage it is clarified that the name of the husband is: “Mohamed Abdelmawla” and his surname is indicated as “Alhadad” only and that this is also reflected in the column with the heading “Addendum” where the surname of the spouses is indicated only as “Alhadad”.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Republic of Malta    

To the Marshall of the Court

By means of a decree given by this Court on the 10th December, 2019,  following a request of William Grech et it was ordered that deputy curators be chosen to represent the unknown heirs of the late Antonja Gatt in the records of the Sworn Application 1028/2019MH, in the names William Grech et vs  deputy curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the First Hall Civil Court in the names Wiliam Grech (ID 318963M) in his own name and as special mandatory of his siblings residing abroad: Francis Grech (born in Ħal Qormi on the 16th May, 1941, and residing in Canada) Canadian Passport Holder HB 240154; George Grech (born in Ħal Qormi on the 29th August, 1942, and residing in Australia) Australian Passport holder L6085426 and Victoria Australia Drivers Licence No. 026092919; Carmel Grech (born in Ħal Qormi on the 7th July, 1940, and residing in Australia) holder of  New South Wales Australia Drivers Licence No. 5352MD; Giswarda Grech (ID 983650M); Joseph Grech (ID 79248); Maria Dolores Lauria (ID 811847M); Teresa Camilleri (ID 696552M); Imelda Cauchi (ID 57255M); Mary Frances Camilleri (ID 834646M) and DL Imports Co. Ltd (C82127) vs deputy curators to represent the unknown heirs of Antonja Gatt (ID 883744M) who died on the 2nd November, 2017, filed on the 28th October, 2019, the applicants William  Grech pro et noe, Giswarda Grech, Joseph Grech, Nazzareno Grech, Maria Dolores Lauria, Teresa Camilleri, Imelda Cauchi, Mary Frances Camilleri and DL Imports Co Ltd premised and William Grech confirmed on oath:

That the first eleven (11) of the applicants together are the owners of eleven parts of twelve (11/12) (one share of twelve (1/12) each) undivided share of the house together with its air space number 355 previously 333 with the name St David, Triq Ħaż-Żabbar, Fgura, as subject to the annual and perpetual groundrent of €5.24, otherwise free and unencumbered with all its rights and appurtenances;

That the remaining share of one of twelve (1/12) undivided part belongs to the unknown heirs of their sister Antonja Gatt, who died on the 2nd November, 2017 (copy of the birth and death certificate attached as Doc. A and Doc. B respectively).  As is shown in the death certificate, Antonja Gatt is indicated as the wife of Salvu Gatt.  All the applicants know is that their sister married Salvu Gatt on the 3rd July, 1966 (marriage certificate attached Doc. C) and emigrated to the United States, but after a few months their sister returned to Malta alone and she and Salvu Gatt remained separated as a state of fact, she lived in Malta and her husband in the United States. From that day Antonja Gatt always resided with her parents till they died and with her other unmarried sister, Giswarda Grech at 122, Triq San Sebastjan, Ħal Qormi;

As results from the testamentary searches attached (Doc. D) Antonja Gatt died intestate and so according to Art. 810 of Chapter 16 her heir is the said Salvu Gatt. The applicants do not have any indication if the said Salvu Gatt is still alive or if he has any heirs or other relatives in Malta and also in the United States;

The first 11 applicants and their deceased sister Antonja Gatt have been in a state of co-ownership between them from the death of their father Giuseppe Grech who died on the 31st July, 2005, and their mother Carmela Grech nee Agius who died on the 29th April, 2008, and have so been more than three (3) years in co-ownership (copy of the declartion causa mortis is attached Doc. E and F);

That on the 23rd November, 2019, the first eleven (11) applicants appeared on a promise of sale agreement (Notary Claire Camilleri) as amended and extended its validity further till the 31st December, 2019, where they promised to sell the premises abovementioned to the twelfth (12) applicant, the company DL Imports Co Ltd (C 82127) for the price of €170,000 and this according to all the terms and conditions in the same preliminary agreement and the relative extension (copy attached and marked as Doc. G);

It is envisaged that the sale is carried out at the price as results from the said promise of sale agreement where each one of the eleven (11) applicants and the respondent receive each one of twelve (1/12) from the proceeds of the sale;

The sale cannot be made without the representation of the share that their sister Antonia Gatt had. So according to the promise of sale agreement dated 25th November, 2018, the applicants were constrained to make these procedures so that this Honourable Court authorises the sale of all the shares on the property abovementioned to DL Imports Co. Ltd.  And for this reason a sworn declaration of the 24th April, 2019, in terms of Article 495(A) of the Civil Code is attached as Doc H.

Thus for the reasons premised, the applicants are requesting this Honourable court so that subject to any necessary and opportune declaration, it:

1. Authorises the sale of the house together with its airspace holding number 335 previously 333 with the name St David, Triq Ħaż-Żabbar, Fgura, subject to the annual and perpetual groundrent of €5.24 otherwise free and unencumbered with all its rights and appertunances in terms of Article 495 A of the Civil Code in favour of the company DL Imports Co. Ltd (C 82127) for the price of €170,000 according the the terms and conditions listed in the promise of sale agreement of the 23rd November, 2018, as further extended (Doc. G) and the sworn declaration (Doc. H);

2. Orders the contract of sale to be published by Notary Public Claire Camilleri on the time, day and place fixed by this Honourable Court;

3. Authorises the nominated deputy curators to represent the unknown heirs of Antonja Gatt to appear on the final act of transfer of the property abovementioned, to receive the price, to pay the relative taxes and to deposit the money after the deduction of their fees, under the authority of this Honourable Court, and to make all that is necessary so that the relative sale will be done;

4. Gives all the orders and directions that it deems fit and opportune.

With all the costs against the respondents, including the costs of this case, all the ancillary costs, against the respondents who are from now summoned so that a reference to their oath be made.

Applicants: William Grech et, 1, Qalb ta’ Ġesù, Triq il-Qastan, Marsaskala

Notification: 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 Joseph Zammit McKeon LLD,Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th October, 2019, in the records of the judicial letter number 4361/18 in the names Maria Concetta Deguara Caruana Gatto vs Josephine sive Joyce Dimech et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Josephine sive Joyce Dimech (ID  379262M) of Our Nest, Triq l-Indipendenza, Ħaż-Żebbuġ, Malta and

Victor and Concetta spouses Chircop (ID 195433M and 65336M respectively) of 164, Flat 12, Triq it-Torri, Tas-Sliema

By means of this present Maria Concetta Deguara Caruana Gatto of Villa Caruana Gatto, Triq Valletta, Ħ’Attard ATD 9051 (ID 816157M) whilst making reference to the deed of donation in the records of Notary Mariella Mizzi of the 2nd September 2014, whereby the respondents spouses Chircop inter alia transferred and assigned by title of donation to the respondent Josephine sive Joyce Dimech, the field consisting of a portion of agricultural land known as Tar-Ramel in the limits of Ħaż-Żebbuġ, Malta measuring approximately about 1,440 metres squared bounded from the North West with Triq ir-Ramel from where it is accessible and from the North East and South West with other fields of the successors of Pasqualino Xuereb and his wife Giuseppa nee Attard or other further boundaries.

The interpellant solicits you so that you appear to immediately cancel the registration of such field since the said field does not belong to the respondent Josephine Dimech and neither does it belong to Victor and Concetta spouses Chircop as results from the judgment in the names Concetta Chircop et vs Emmanuel and Josephine brother and sister Tanti et given by the First Hall of the Civil Court on the 26th June, 2014, with application number 2336/2000 decided by the Honourable Judge Lorraine Schembri Orland LLD, where in the same application the applicants declared the following:

“That a portion of land that is a piece of agricultural land known as Tar-Ramel limits of Ħaż-Żebbuġ was originally leased by the respondent Countess Marie Theresa Caurana Gatto to the late Pasqualino Xuereb, father of the applicants.”

Accordingly the interpellant informs you that what has been carried out through this deed of donation, limitedly always to the portion of land described above in this judicial letter, is abusive, illegal and consists of false and untrue declarations.

The interpellant is formally informing you that if a deed of correction is not done within three months from the day of notification of this judicial letter the interpellant will proceed further against you.

With costs and reserving the right for damages.

This judicial letter is being sent in terms of the rights that the interpellant has according to Chapter 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Courts of Magistrates (Malta), of 4th November, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of effecting service in terms of Article 931(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on an application of Carmelo Micallef et it was ordered that Deputy Curators be selected to represent the absent Senusi Mohammed Ehab Malek in acts of the judicial letter number 2038/2019 and in other relative and subsequent acts where they requested:

That by this present Carmelo, Joseph, Aronne and Anthony brothers Micallef and also Doris Micallef and Mary Jane Micallef also as owners of the premises flat number 3 in a block of flats with the name Glory Flats, Triq il-Kapuċċini, San Ġwann, bring to your formal notice your failure to pay two instalments of rent that is that of the 15th February, 2019, and that of the 14th September, 2019, and solicits you to pay these instalments within fifteen days from today.

With costs and legal interests till the date of effective payment.

You are warned that if you fail, the interpellants will proceed against you nomine judicially according to law and also with the eviction procedures.

So much so you may know how to regulate yourself.

With costs

Applicants:  Carmelo Micallef et, 70, St Joseph House, Triq Mensija, San Ġwann

Respondents: Deputy Curators

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

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

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civili Courts and Tribunals

By a decree of the Small Claims Tribunal of the 8th August, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 7th August, 2019, whereby they asked the Tribunal to condemn Rita Gorwood (ID 496770M) of Blue Haven, Blk C, Fl. 9, Triq il-Barrieri, Żurrieq, to pay the plaintiff company the sum of  €452.40 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 206/2019KCX) is put off on the 6th February, 2020, at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Superior Jurisdiction) (JA-GCD-AE) on the 15th January, 2020, in the records of the Application in the names Malcolm Zarb vs Marianna Cachia today Maria Anna Zarb, Application Number 102/19, following an Application of Malcolm Zarb (ID 12471M) filed in the Court of Appeal in the names Malcom Zarb vs Marianne Cachia, on the 4th November, 2019, whereby it was demaned that the judgement given by the Regional Tribunal of Second Instance (Prot. No. 13/106) of the 3rd August, 2018, be registered for the purposes of Cap. 255 of the Laws of Malta and thus the said Court of Appeal, abovementioned, ordered the following publication  for the purpose of service of the respondent Marianne Zarb, k/a Marian, nee Cachia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal in the names Malcolm Zarb vs Marianne Cachia, on the 4th November, 2019, the applicant Malcolm Zarb (ID 12471M) respectfully pleaded:

That by a  judgement given by the Regional Tribunal of Second Instance (Prot. No. 13/106) of the 3rd August, 2018, the marriage which was celebrated between the parties on the 23rd May, 1991, at Our Lady of Miracles Chapel, at the Parish of Transfiguration (Tas-Salvatur), Ħal Lija (Doc. A), was declared null;

That on the 2nd October, 2019, an executive decree was given according to canon law issued by the Regional Tribunal of Second Instance (Doc. B);

Thus the interpellant humbly prays that this Honourablke Court authorise the registration of the same decision for the purposes and effects of Article 23 and 24 of Cap. 255 of the Laws of Malta and this under those provisions it deems fit and opportune.

Applicant: Divine Mercy, Triq Gajdoru, Xagħra, Gozo

Notify: 

Marianne k/a Marian Zarb, nee Cachia, Espadon Court, Flat 4, Triq il-Port Ħieles, Birżebbuġa

Marianne Cachia, 48, Flat 5, Sunflower Court, Vjal il-Bon Pastur, Ħal Balzan

Director Public Registry, Valletta

The Attorney General, the Palace, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 24th January, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 24th January, 2020, in the records of the schedule of deposit and redemption number 13/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, upon an application filed by Frankie Ion Magro, an employee, holder of identity card number 614791M, and Joseph Ciprian Magro, an employee, holder of identity card number 614691M, versus a deputy curator nominated to represent the interests of third parties in this schedule of deposit and redemption, filed on the 23rd January, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submit:

They own a property consisting of a portion of land located in Triq it-28 ta’ April 1688, Qala, Gozo, having a superficial area of two hundred ninety-eight point two square metres circa (298.2mk) and bounded on the North by the said street, on the West in part by property of the Spiteri family and in part by property of the heirs of Joseph Cremona and on the South by property of the Spiteri family, or more correct boundaries, with its airspace and sub-soil, with all of its rights and appurtenances; as outlined in red on the plan and site-plan attached herewith as document “A”; 

Whereas and as results better from the deed of partition entered into in the records of Notary Doctor John Busuttil of the 9th April, 1957, and the deed entered into in the records of Notary Giuseppe Camilleri of the 26th November, 1899, the said property is subject (together with other property) to an annual and perpetual ground rent and sub-ground rent of one lira, nineteen shillings and seven pence, out of which the sum of five shillings and four pence represented the original ground rent;

Whereas the said ground rent and sub-ground rent are today equivalent to the sum of four euro and sixty-one cents (€4.61), and consequently amounting to ninety-two euro and twenty cents (€92.20) when the said ground-rent is capitalised at the rate of five per cent (5%) in terms of law;

Whereas applicants wish to redeem the said ground rent, each in their respective share in the property abovementioned, in the annual and perpetual ground-rent and sub-ground rent, in terms of article one thousand five hundred and one (1501) of Chapter sixteen (16) of the Laws of Malta and thus redeem the ground rent;

Whereas for the avoidance of doubt and dispute, applicants are hereby also depositing the sum of twenty-three euro and five cents (€23.05) representing ground rent and sub-ground rent due in arrears for the past five (5) years;

Whereas applicants have failed to identify the third parties entitled to receive the said redemption.

Now, therefore and in view of the aforesaid, and to free themselves of any and all responsibility in terms of law, applicants are hereby redeeming the said ground rent and sub-ground rent, and are consequently depositing before this Honorable Court the sum of one hundred fifteen euro and twenty five cents (€115.25) representing redemption of ground rent and sub-ground rent as well as and ground rent and sub-ground rent due in arrears as aforesaid, which amount may be freely withdrawn by whoever has such right after they tender due receipt in full and final settlement.

Applicants: Frankie Ion Magro and Joseph Ciprian Magro, 7, Triq Papa Piju XII, Qala, Gozo

Notification of banns: Attorney General, The Palace, Valletta

Additional Services:

Director Public Registry, Off the Bastion Street, Victoria, Gozo (two copies)

Registrar of Lands, Off the Bastion Street, Victoria, Gozo 

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 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.

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

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals