Court Notices published in Govt. Gazette no. 20,355 of 28 February 2020

By decree given by the First Hall, Civil Courts on 17th October, 2019, on the application of Bank of Valletta plc (C 2833), Thursday, 26th March, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The house numbered thirty (30) previously numbered fifty-two (52) in Triq Konti Ruġġieru, Rabat, Malta built on two floors above street level while completely below street level there is an undergroud floor (basement) whose access is directly from stairs and internal lift while on the rear the basement has direct access to the back garden free and unencumbered with all its rights and appurtenances and including its relative airspace valued at seven hundred and twenty-five thousand euro (€725,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M) and Gouder Joseph (ID 616356M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 23rd October, 2019, on the application of HSBC Bank Malta plc (C 3177), Thursday, 2nd April, 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 Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The tenement named 'Għajn Riħana' officially numbered seventy-five (75) together with semi-basement garage built on two floors with area of four hundred and four square metres (404mk) in Triq il-Ħannewija, built on a divided portion of land known as 'Tal-Wej' sive 'Ta' Birguma', San Pawl tat-Tarġa, limits of Naxxar.

The property is subject to annual and temporary and revisable ground rent of one hundred and thirteen Maltese liri and fifty cents (Lm113.50) equivalent to two hundred and sixty-four euro and thirty-eight cents (€264.38) for the term remaining period of the original emphyteuticial grant of one hundred and fifty (150) years commencing from the 5th July, 1980, as better described as per contract of Notary Ivan Barbara dated 2.12.2002 valued at two million and fifty thousand euro (€2,050,000).

The said tenement is the property of Cassar Etienne (ID 181976M) and Cassar Marina (ID 19865A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 55/2019.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

Application in terms of Article 495A of the Civil Code

Sworn application no.   13/2020 (BS)

Taddeo sive Teddy Spiteri;  Doris widow of Carlo Mizzi,) in her own name as well as for and on behalf of (a) Mary Grace wife of Paul Gauci; (b) Josephine widow of Carmel Mercieca; (c) Mary wife of Carmel Buttigieg; (d) Stephen Spiteri;  (e)  Emanuel Spiteri; (f) Felix Briffa; (g) Tania Sammut; (h) John Spiteri; 

Miriam wife of Raymond Spiteri;

Charlene wife of Kevin Mizzi;

Anthony Mejlak for any interest he may have in these proceedings

vs

Av. Dr Joseph Grech who has been appointed deputy curator in the interest of Joe sive Joseph Spiteri, son of the late Felix Spiteri and Carmela nee Dimech by virtue of a decree dated the 16th September, 2019

Sworn application being made by the said Taddeo sive Teddy Spiteri et;

Respectfully submit, and the said Taddeo sive Teddy Spiteri, holder of Maltese identity card number 47755G hereby declares and confirms on oath, whilst declaring that he has personal knowledge of the same:

1. Whereas parties to these proceedings (to the exclusion of applicant Anthony Meilak who only enjoys a usufruct over his late wife's estate, and namely Elsabeth Mejlak nee Spiteri) own property consisting of a house with annexed land, bearing number one (1) in alley number one (1) in Triq Santa Katerina, Xewkija, Gozo, free and unencumbered, with its airspace and sub-terrain (save for that part which overlies third party property), with vacant possession and with all of its rights and appertunances;

2. Whereas parties hereto have been in a state of co-ownership for over of three (3) years;

3. Whereas the abovementioned property was derived from the estate of Feliċ Spiteri who passed away on the 22nd August, 196,7 and from the estate of Carmela nee Dimech, widow of the said Feliċ Spiteri, who passed away in February 2007;

4. Whereas the said Feliċ and Carmela spouses Spiteri were inherited by their eleven (11) children in equal and undivided shares between them; that is to say by Taddeo sive Teddy Spiteri, Doris widow of Carlo Mizzi, Mary Grace wife of Paul Gauci, Josephine widow of Carmel Mercieca, Mary wife of Carmel Buttigieg, Stephen Spiteri, Emanuel Spiteri, John Spiteri, Elizabeth wife of Anthony Meilak u Georgina wife of Charlie Briffa;

5. Whereas Elizabeth wife of Anthony Meilak passed away on the 5th June, 2015, and in terms of her last will in the records of Notary Michael Refalo dated the 21st December, 1993, she was inherited by her children and namely by Miriam wife of Raymond Spiteri and Charlene wife of Kevin Mizzi as her sole and universal heirs, save for the usufruct reserved in favour of her surviving spouse and namely Anthony Meilak;

6. Whereas Georgina wife of Charlie Briffa passed away on the 10th August, 1999, and whereas her estate devolved in favour of her children Felix Briffa and Tania Sammut;

7. Whereas the shares which each and every one of the parties enjoys in the above-mentioned property is better shown on Document TS1 attached herewith;

8. Whereas none of the parties has proceeded with a request before a Court or other Tribunal for the partition of the estate held between them;

9. Whereas plaintiffs - who collectively enjoy a majority share in the above-mentioned property - wish to sell the same in favour of Mark Anthony Serri Simiana and Nadine Scerri Simiana, under the terms and conditions specified in the promise of sale entered into between them and dated the 23rd March, 2019, as duly registered with the Commissioner for Revenue and bearing reference PS201908001, and as duly amended by virtue of an agreement entered into on the 20th December 2019. A copy of the said documents is attached herewith as Documents TS2, TS3 and TS4;

10. Whereas the sale price envisaged in the said promise agreement reflects the market value of the abovementioned property, as attested by the valuation prepared by PErit Taddeo Busuttil, a copy of which is attached herewith as Document TS5;

11. Whereas plaintiffs - who hold an absolute majority of shares in the above property - wish to carry on with the said sale, as also confirmed by the declaration being attached herewith as Document TS6;

12. Whereas none of the co-owners will be gravely prejudiced as a result of the said sale;

13. Whereas after due notice, defendant failed to cooperate for the conclusion of the said sale, as better confirmed by Documents TS7 and TS8 attached herewith;

14. Whereas the defendant's failure as per above has led to the present lawsuit;

15. Whereas the above facts are known to the plaintiffs personally.

Now, therefore and in view of the above, defendant is hereby being called upon to defend against this claim being put forward by the plaintiffs on the basis of Article 495A of Chapter 16 of the Laws of Malta, and in terms of which this Honourable Court is being requested to:

a) Approve, authorise and order the sale in favour of Mark Anthony Scerri Simiana and Nadine Scerri Simiana of the house with annexed land, bearing number one (1) in alley number one (1) in Triq Santa Katerina, Xewkija, Gozo, free and unencumbered, with its airspace and sub-terrain (save for that part which overlies third party property), with vacant possession and with all of its rights and appertunances; this under the terms and conditions agreed to in the above-mentioned promise agreement dated the 23rd March, 2019, as extended;

b) Appoint Notary Joanne Cauchi (who prepared the above promise agreement in the first place) and direct her to publish the final deed of sale on a date and at a time and place chosen by this Court for the stated purpose; and

c) Appoint Deputy Curators and authorise them to represent any one or more of the co-owners, and in particular the defendant, who fail to appear on the final deed of sale.

With costs and expenses against the said defendant. Plaintiffs reserve the right to make a reference to the oath of the defendant in terms of law.

The application is appointed for hearing for Tuesday, 28th April, 2020, at 8.45 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

Republic of Malta   

To the Marshall of the Court

By means of a decree given by this Court on the 28th January, 2020, following a request of Advocate Doctor Luigi A. Sansone as special mandatory of Chanel Limited it was ordered that deputy curators be chosen to represent Lebes Tekstil Dis Ticaret Ltd STI and Eurl L'Etoile Blanche Import Export, in the records of the Sworn Application 78/2020 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application filed in the Civil Court First Hall in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Chanel Limited, a foreign compny incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5, Barlow Place, London W1J 6DG in United Kingdom vs deputy curators to represent 1) Lebes Tekstil Dis Ticaret Ltd STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No. 2  Beyazi/34130 Fatih-Istanbul in Turkey and (2) Eurl L'Etoile Blanche Import Export, foreign entity with indication of address of Route Cheria Lotissement El Afak Local No 01 Bir El Ater W Tebessa Algerie and with indication of Algerian fiscal identitification number (NIF) of 001720584608-54 on the 24th January, 2020, the applicant Advocate Doctor Luigi A. Sansone LL.B. (Hons) LLD  (ID 258269M) as special mandatory of Chanel Limited a foreign company incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5, Barlow Place, London, W1J 6DG in United Kingdom,  asked this Honourable Court:

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of clothing articles,   which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company and duly registered  in Malta with numbers 9139 and 13952 respectively  which objects are all presently held under the authority of the Director General (Customs) after he found that the container DRYU4539204  which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered trade marks;

2. Declare that the same objects and namely a quantity consisting of clothing articles which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from the trademarks of the plaintiff company duly registered in Malta with numbers 9139 and 13952 respectively are falsified objects;

3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual distruction, to the attendence of the distruction and to the removal of the waste generated from the same distruction.

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

Applicant noe: Advocate Doctor Luigi A. Sansone LL.B. (Hons) L.L.D. (ID 258269M ) as special mandatary of Chanel Limited, a foreign company incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5, Barlow Place, London W1J 6DG United Kingdom; 84-85, Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent (1) Lebes Tekstil Dis Ticaret Ltd. STI, a foreign entity with indication of address of Sarac Ishak Mah, Mabeyinici Yokusu No. 2, Beyazit/34130Fatih-Istanbul in Turkey and (2) Eurl L'Etoile Blanche Import Export, a foreign entity with indication of address of Route Cheria Lotissement El Afak Local No. 1 Bir El Ater w Tebessa Algerie with Algerian fiscal identification (NIF) of 0017120584608-54

Courts of Justice, Valletta (two copies)

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. Dr Toni Abela LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 22nd November, 2019, following a request by Victor Stivala et it was ordered that deputy curators be chosen to represent  the unknown owners of the directum dominium in the acts of the schedule of deposit number 2198/2019 in the names Victor Stivala et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent  filed in the First Hall of the Civil Court, in the names Victor Stivala, pensioner, son of the late Antonio and Susanna nee Chetcuti (ID 910848M) and Emanuela Hanraty, daughter of Joseph Sammut and Victoria nee Vassallo (ID 89451M) vs deputy curators to represent the unknown owners of the directum dominium, filed on the 20th November, 2019, the applicants respectfully submitted:

The depositor Victor Stivala acquired an undivided portion from a divided portion of land known as San Ġwann tal-Andar, in the vicinity of San Ġwann in the limits of Naxxar of a total measurement of 2577 square metres subject to the annual and perpetual groundrent of Lm90 by means of a deed of sale in the records of Notary Doctor Angelo Vella drawn up on the 20th May, 1982, (deed of sale attached and marked as Doc. A);

Subsequent to the sale of a number of portions of the said land, there remained four portions in common which by means of a deed of division drawn up by Notary Dootor Angelo Vella on the 5th January, 1985, the depositor Victor Stivala was assigned the plots number 1 measuring about 189 square metres and 5 measuring 395 square metres subject to the groundrent of Lm4 each (deed of division attached and marked as Doc. B);

That the depositor Victor Stivala developed the plot number 1 and built a garage at street level today number 3, Marvic Garage, Triq Santa Marija, Naxxar and the premises in the first floor today number 1, Triq Santa Marija, Naxxar;

The depositor Victor Stivala sold and transferred the premises number 1, Triq Santa Marija, Naxxar overlying the garage belonging to him to the depositors Emanuela Hanraty and her husband Ronald Steve Hanraty by means of a deed in the records of Notary Doctor Angelo Vella drawn on the 26th March, 1993, (deed of sale attached Doc. C);

The sum of Lm4 that is equivalent to €9.32 representing the groundrent due capitalised at the rate of 5% amounts to €186.40.

Thus in terms of Article 1501 of  Chapter 16 of the Laws of Malta the applicants  are humbly calling upon this Honourable Court and under its authority are depositing the sum of €233 that includes the arrears of the last five years of groundrent in the amount of €46.60 together with €186.40 for the redemption of the annual and perpetual groundrent to be freely withdrawn as above mentioned by the  respondents   after leaving the relative receipt according to law.

Applicant: Victor Stivala 14, Marlou, Triq Lord Byron, Naxxar

Respondents: Superior Courts, Triq ir-Repubblika, Valletta

Notification: Director Public Registry, Triq id-Dejqa, Valletta

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

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

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Madam Justice Miriam Hayman LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 9th October, 2018, following a request by Lawrence Xuereb it was ordered that deputy curators be chosen to represent  the vacant inheritance of Maryanne Sammut in the acts of the schedule of deposit number 1859/2018 in the names Lawrence Xuereb vs  deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent  filed in the First Hall of the Civil Court, in the names Lawrence Xuereb (ID 669837M) son of the late Antonio and Antonia nee Mifsud, born in Ħaż-Żabbar and residing in Marsaskala vs deputy curators to represent the vacant inheritance of Maryanne Sammut filed on the 4th October, 2018, the applicant respectfully submitted:

That by means of a contract of sale in the records of Notary Doctor Francis Micallef of the 29th June, 1982, the applicant accepted, bought and acquired the flat number 2 in Saint Catherine Flats, door number 60 previously 1, in Triq San Ġwakkin previously Triq Ħaż-Żabbar, Marsaskala, subject to Lm2 (today equivalent to €4.66) annual and perpetual groundrent with all its rights, servitudes and appurtenances and as there better described (Doc. A here attached);

The site plan indicates the relative premises and is here attached and marked as Doc. B;

The applicant wishes to avail himself from the option given to him by means of article 1501 of the Civil Code (Chapter 16 of the Laws of Malta) and redeem the said groundrent according to law;

The applicant recently learnt that the person who received the rent that is Maryanne Sammut died without leaving any known heirs and so deputy curators have to be appointed to represent the interests and rights of the vacant inheritance of the same Maryanne Sammut and in this regard, an application is being filed together with this schedule of deposit;

The groundrent above mentioned capitalised at the rate of 5%  according to law amounts to €93.20;

In addition, the applicant has to pay the respondent the sum of €23.29 representing the last five years of instalments of groundrent two instalments of groundrent which sum is being deposited together with the price of the redemption of the same groundrent.

Thus the applicant is calling upon this Honourable Court and under its authority is depositing the amount of €116.49, representing as for the sum of €23.29 the arrears of groundrent due by the applicant to the respondent representing regarding the last five instalments and as for the sum of €93.20 representing the redemption of groundrent of the said groundrent, which sum may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Notification: 

Deputy curators

Director Public Registry

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. Madam Justice Anna Felice LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 10th December, 2019, in the records of the Sworn Application in the names Bank of Valletta p.l.c. vs Cachia Joshua, Application Number 1062/2019 FDP, the following publication was ordered for the purpose of service of the respondent Joshua Cachia, 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 cause in the names Bank of Valletta p.l.c. (C 2833) vs Joshua Cachia (ID 519880M) on the 5th November, 2019, the applicant Bank of Valletta p.l.c. (C 2833) asked this Honourable Court:

1. To declare and decide that there occurred one or more of the events mentioned in the contract mentioned in the application and condemn Joshua Cachia to pay the plaintiff company the sum of sixty-one thousand four hundred forty euro and forty-four cents (€61,440.44) balance in the House Loan Accounts of Joshua Cachia, with the Bank of Valletta p.l.c. together with further intertest from the 21st October, 2019, till the date of effective payment.

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

The Sworn Applicaction in the names Bank of Valletta p.l.c. vs Cachia Joshua, Application Number 1062/2019 FDP, has been put off for hearing to the 3rd March, 2020, at 9.15 a.m.

Notify respondent: 150, Triq San Martin, Żurrieq

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 17th February, 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 17th February, 2020, in the records of the schedule of deposit and redemption of groundrent number 28/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Raymond Bajada, retired, holder of identity card number 66357G, together with his wife Grace Bajada, holder of identity card number 26259G, versus a deputy curator nominated to represent the unknown persons who are entitled to receive this groundrent filed on the 14th February, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submit:

That the exponents are the proprietors of the residence known as “St Margaret" in Triq Seguna, Ta' Sannat, Gozo, which was acquired by a deed of transfer in the acts of Notary Emanuel George Cefai of the second (2nd) October of the year one thousand nine hundred and seventy-nine (1979) – copy of contract Doc. A and plan Doc. B.

That this property is subject to an annual and perpetual groundrent of ten cents and eight mils (Lm0.10,8) equivalent to twenty-six euro cents (€0.26) that are to be paid to unknown persons.

That the exponents wish to avail themselves of the faculty given to them in terms of article one thousand five hundred and one (1501) of the Civil Code to redeem this groundrent.

That the sum of twenty-six euro cents (€0.26) capitalised at five per cent (5%) amounts to five euro and twenty cents (€5.20).

Therefore the exponents are calling upon this Court and under its authority they are depositing in favour of the respondents the sum of five euro and twenty cents (€5.20) representing the payment of the redemption of the groundrent, so it may by freely withdrawn by the said respondents after due receipt has been given according to Law.

Applicants: Raymond Bajada and his wife Grace Bajada, “St Margaret", Triq Seguna, Ta' Sannat, Gozo

Notification: Public Registry, Off the Bastion Road, Victoria, Gozo

Notification: Public Registry, Valletta, Malta

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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 17th February, 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 17th February, 2020, in the records of the schedule of deposit and redemption of groundrent number 27/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Joseph Vella, holder of identity card number 12955G, together with his wife Girogia Vella, holder of identity card  number 18154G, versus a deputy curator nominated to represent the unknown persons who are entitled to receive this groundrent filed on the 14th February, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submit:

That the exponents are the proprietors of the residence known as “Shalom" in Triq Seguna, Ta' Sannat, Gozo, which was acquired by a deed of transfer in the acts of Notary Emanuel George Cefai of the second (2nd) October of the year one thousand nine hundred and seventy nine (1979) – copy of contract Doc. A and plan Doc. B.

That this property is subject to an annual and perpetual groundrent of ten cents and eight mils (Lm0.10,8) equivalent to twenty-six euro cents (€0.26) that are to be paid to unknown persons.

That the exponents wish to avail themselves of the faculty given to them in terms of article one thousand five hundred and one (1501) of the Civil Code to redeem this groundrent.

That the sum of twenty-six euro cents (€0.26) capitalised at five percent (5%) amounts to five Euro and twenty cents (€5.20).

Therefore the exponents are calling upon this Court and under its authority they are depositing in favour of the respondents the sum of five euro and twenty cents (€5.20) representing the payment of the redemption of the groundrent, so it may by freely withdrawn by the said respondents after due receipt has been given according to Law.

Applicants: George Spiteri and his wife Rita Spiteri, “Shalom", Triq Seguna, Ta' Sannat, Gozo  

Notification: Public Registry, Off the Bastion Road, Victoria, Gozo

Notification: Public Registry, Valletta, Malta.

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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 17th February, 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 17th February, 2020, in the records of the schedule of deposit and redemption of groundrent number 26/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, George Spiteri, holder of identity card number 28056M and his wife Rita Spiteri, holder of identity card number 60657G, versus a deputy curator nominated to represent the unknown persons who are entitled to receive this groundrent filed on the 14th February, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicant respectfully submits:

That the exponents are the proprietors of the residence known as “Welcome" in Triq Seguna, Ta' Sannat, Gozo, which was acquired by a deed of transfer in the acts of Notary Emanuel George Cefai of the second (2nd) October of the year one thousand nine hundred and seventy-nine (1979) – copy of contract Doc. A and plan Doc. B.

That this property is subject to an annual and perpetual groundrent of ten cents and eight mils (Lm0.10,8) equivalent to twenty-six euro cents (€0.26) that are to be paid to unknown persons.

That the exponents wish to avail themselves of the faculty given to them in terms of article one thousand five hundred and one (1501) of the Civil Code to redeem this groundrent.

That the sum of twenty-six euro cents (€0.26) capitalised at five percent (5%) amounts to five euro and twenty cents (€5.20).

Therefore the exponents are calling upon this Court and under its authority they are depositing in favour of the respondents the sum of five euro and twenty cents (€5.20) representing the payment of the redemption of the groundrent, so it may by freely withdrawn by the said respondents after due receipt has been given according to Law.

Applicants: George Spiteri and his wife Rita Spiteri, “Welcome", Triq Seguna, Ta' Sannat, Gozo 

Notification: Public Registry, Off the Bastion Road, Victoria, Gozo

Notification: Public Registry, Valletta, Malta

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

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 18th February, 2020, and this after a written plea numbered 78/2020, ordered:

The correction of the Maltese Act of Birth of Deanne Sarah Jones, bearing the number 2509 of the year 2019, to indicate that her surname was changed today, from Smart to Jones, with annotation in margins accordingly if necessary.  

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Civil Court (Family Section) on the 17th February, 2020, in the records of the Letter of Mediation in the names Arthur Salerno vs Sasha Salerno Seguna, Letter 1378/19 TC, the following publication was ordered  for the purpose of service of the respondent Sasha Salerno Seguna, in terms of Article 187(3) et sequitur of Cap.12.

By means of an Application by Urgency, filed in the Civil Court (Family Section) in the records of the Letter of Mediation Number 1378/19 TC, in the names Arthur Salerno vs Sasha Salerno Seguna, on the 25th October, 2019, the applicant Arthur Salerno (ID 491775M) respectfully pleaded and asked this Honourable Court:

That the parties were married on the 9th October, 2014, and on the 24th August, 2015, they had a boy by the name of … omissis … who is today four years old;

That on the 27th September, 2019, after a rather banal argument, the respondent all of a sudden left the matrimonial home in Ħal Qormi;

That despite that the interpellant thought that the dispute would be resolved within a short time and asked his wife to come back home … omissis … the same wife not only refused but with the assistance of her father went to the matrimonial home and collected her belongings and those of their son;

That the interpellant repeatedly asked his wife to have access to the son but his wife refused each time and told him that he shall see him 'only through a lawyer';

That the interpellant kept back as much as he could from filing mediation procedures but when the days became weeks and access was denied to his son, he was constrained to present the lettere of mediation above referred to.

… omissis …

Thus the interpellant humbly prays that this Honourable Court:

1. Orders that the care and legal custody of the minor boy … omissis … remain joint between the parties;

2. Orders the respondent his wife to grant access to the interpellant to their minor son, and uphold the other demands in the application.

Respondent: 6, House Feeling, Triq Tumas Fenech, Ħal Qormi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 20th January, 2020, in the records of the Application in the names Agius Silvana vs Cauchi Jeffrey, Application Number 472/19 JPG, the following publication was ordered for the purpose of service of the respondent Jeffrey Cauchi, in terms of Article  187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court (Family Section) in the names Silvana Agius (ID 551184M) vs Jeffrey Cauchi (ID 495984M) on the 17th October, 2019, the applicant Silvana Agius (ID 551184M) asked this Honourable Court:

1. To pronounce the dissoloution of  marriage between the parties in terms of Article 66B of Cap. 16 of the Laws of Malta and uphold the other demands in the application.

The Application in the names Agius Silvana vs Cauchi Jeffrey, Application Number 472/19 JPG, has been put off for hearing to Monday, 6th April, 2020, at 11.00 a.m.

Notify respondent: 27, Faith Crt, Fl. 4, Triq iċ-Ċrieki, Marsaskala

AV. FRANK PORTELLI, LLD

For the Registrar, Civil  Courts and Tribunals

Notice Registry of the Civil Court, First Hall.

Whereas Marianne Vella (ID No. 392988M) filed an application under oath (No. 158/2020/JVC) demanding the correction of the Act of Death of Carmela Vella No. 2041/2019 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

By means of a decree given by the First Hall Civil Court (RGM) on the 27th November, 2019, in the records of the Sworn Application in the names Cutajar Michelangelo et vs Lia Joseph, Application Number 775/2019 RGM, the folowing publication was ordered for the purpose of service of the defendant Joseph Lia, in terms of Article 187(3) et sequitur of Cap. 12.

By means of Sworn Application presented in First Hall Civil Court in the names i. Michaelangelo Cutajar (ID 556663M) and ii. Anthony Camilleri (ID 79462M) and his wife Josephine Anna Rita sive Joanne Camilleri (ID 38267M) iii. Stephen Paced (ID 354372M) and his wife Antoinette Pace (ID 248070M) vs Joseph Lia, on the 9th August, 2019, the applicant Michaelangelo Cutajar (ID 556663M) et asked this Honourable Court:

1. To order and condemn the respondent so that within a short and peremptory period that shall be determined by this Court he carries out the necessary remedial work to control the percolation of water mentioned in the application on to the property of the applicants which consists of the common parts of the garage complex without number in Triq il-Kungress Ewkaristiku, Mosta and also on to garage number eleven property of Stephen and Antoinette spouses Pace, decide and declare that the property of the applicants suffered damage as a consequence of the water coming from the premises of the respondent, liquidate the damages and condemn the respondent to pay the damages liquidated.

With costs against the respondent summoned so that a reference to his evidence be made.

The Sworn Application in the names Cutajar Michelangelo et vs Lia Joseph, Application Number 775/2019 RGM, has been put off for hearing to the 3rd March, 2020, at 9.15 a.m.

Notify Respondent: Astor, Triq Giuseppi Callus, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall.

Whereas Alessandro Leonardo Gauci (ID No. 263992M) filed an application under oath (No. 131/2020/JVC) demanding the correction of the Act of Birth No. 2639/1992 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

By decree given by the Civil Court, First Hall on the 5th February, 2020, on the application of Lombard Bank Malta plc (C 1607), Tuesday, 28th April, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, 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 is-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.

With 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 cent (€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

By decree given by the Civil Court, First Hall on the 11th February, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 14th May, 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 number 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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 25th February, 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 25th February, 2020, in the records of the schedule of deposit and redemption of groundrent number 37/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Scicluna Enterprises (Gozo) Limited, company registration number C 5030, versus a deputy curator appointed to represent the unknown persons owners of the directum dominium indicated below on the 25th February, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicant respectfully submits:

That by virtue of the contract in the records of Notary Michael Refalo, of the 2nd June, 1994, the applicant had acquired two stores, with their overlying airpsace, marked with the number twenty-five and twenty-six (25, 26) Marina Street, Xlendi limits of Munxar, Gozo, which were there described as being subject to an annual and perpetual groundrent of fifty-five cents (Lm0.55c), today equivalent to one euro and twenty euro cents (€1.28c);

That by virtue of another contract of the same Notary of the twelfth (12th) of December, 1994, the same company also acquired another contiguous garage to those previously mentioned, with its overlying airspace, number twenty-seven (27), Marina Street, Xlendi limits of Munxar, Gozo as subject to an annual and perpetual groundrent of twenty-seven cents five mils (Lm0.27c5), today equivalent to sixty euro cents (€ 0.64c);

That further research revealed in a more accurate manner that:

By virtue of a contract in the records of Notary Francesco Gauci of 15th January, 1914, the Reverend Father Michael Angelo Spiteri on behalf of his sister Carolina Spiteri had granted on title of emphyteuses to Michele Vella the land called “Ta' Papasu" known as “Tal-Wied tar-Ramel" in Xlendi Bay with area of approximately one tomna, for the annual and perpetual groundrent of two pounds sterling - later two pounds Maltese  (Lm2) today equivalent to four euro and sixty euro cents (€ 4.66c), subject to the grantor's right to increase the groundrent;

By virtue of another contract in the records of the same Notary of the 20th January, 1914, the Reverend Father Michael Angelo Spiteri on behalf of his sister Carolina Spiteri had increased the groundrent by one pound sterling - later Maltese lira (Lm1) and today equivalent to two euro and thirty cents (€2.33); and by virtue of a contract in the records of the same Notary Francesco Gauci of 28th January, 1914, the original grantor had waived the right of preference given to him in the first contract quoted above, and released this land to Michele Vella;

That subsequently by virtue of a contract in the acts of Notary Giuseppe Camilleri of the 23rd February, 1916, Giuseppe Farrugia had acquired by title of donation from Michele Vella the utile dominium on this land, on part of which were subsequently built eight (8) stores, as subject to the annual and perpetual groundrent of three pounds Maltese (Lm3) today equivalent to six euro and ninety-nine cents (€6.99c);

That by virtue of a will in the acts of Notary Francesco Gauci of the 3rd August, 1931, the said Giuseppe Farrugia with his wife Maria Concetta Farrugia had disposed of these eight (8) stores - in which will they are described as being numbered thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, and forty-one (33, 34, 35, 36, 37, 38, 39, and 41), Marina Street, Xlendi and imposed the burthen of fifteen shillings a year on the store numbered 33 ( third article), and another fifteen shillings on the seven other stores - 34, 35, 36, 37, 38, 39 and 41 (fourth article);

That following the renumbering of Marina Street, Xlendi, numbers 37, 38 and 39 were subsequently replaced by the numbers 25, 26, and 27;

That therefore the applicant is bound to pay to the unknown heirs of Carolina Spiteri three eighths (3/8) of the original groundrent imposed by the contract in the records of Notary Francesco Gauci of 20th January, 1914, that is to say the sum of two euro and sixty-two cents (€2.62c);

That the applicant wishes to avail itself of the power granted to it by Article 1501 of the Civil Code, and redeem this groundrent, which capitalised at five percent (5%) leads to the sum of fifty-two euro and forty cents (€52.40c);

That furthermore, in order to absolve itself from any liability, the applicant also wishes to pay all arrears on this groundrent with effect from the date of acquisition on its part, and namely the sum of sixty-eight euro and twelve cents (€68.12c) and the laudemium equivalent to one year's groundrent amounting to two euro and sixty-two cents (€2.62c).

Therefore, in order to absolve itself from any responsibility the applicant is addressing this Honorable Court and under its authority deposits:

a. the sum of sixty-eight euro and twelve cents (€68.12c) arrears of groundrent as explained above;

b. laudemium in the amount of two euro and sixty-two cents (€2.62c) and

c. the sum of fifty-two euro and forty cents (€52.40c) redemption of groundrent due as explained above; and which total sum of one hundred and twenty-three euro and fourteen cents (€123.14c) may be freely taken by the respondent after having left due receipt.

Applicants: Scicluna Enterprises (Gozo) Limited - C5030 43, Sir Luigi Camilleri Street, Victoria, Gozo

Notification: Director Public Registry, Off the Bastion Road, 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 Monica Vella LLD, M. Jur., a Magistrate of the said Court.

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 15th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Godwin Spiteri Sacco vs Carmel Delia, Application Number 110/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Carmel Delia 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 Godwin Spiteri Sacco (ID 503451M) vs Carmel Delia (ID 710944M) filed before the Rent Regulation Board on the 28th May, 2019, the applicant Godwin Spiteri Sacco requested with respect that:

By means of a writing dated 17th September, 1974, the respondent rented from the predecessors in title of the applicant the premises 70, Triq San Lawrenz, Isla for six years with the rent of Lm30 equivalent to €69.88 per year (Doc. A);

That the respondent changed the destination for which the premises in question was rented, and the premises today is in a very bad state and this in violation of Article 9(a) of Chapter 69 and Chapter 16 of the Laws of Malta as it will be proved during the pleadings of the procedings;

And also, the respondent for several years failed to pay the rent due by him, as it will be proved during the sittings;

Thus the applicant is requesting with respect this Honourable Board to authorise not to extend the lease for the next installments and for the respondent to vacate from the premises within a short and peremptory time that is fixed by the Board. And also the same Board condemn the respondent to pay the applicant the rent due to him according to law, which rent was not paid according to the dispositions of Article 1531D of Chapter 16 of the Laws of Malta.

With costs against the respondent, who is from now summoned so that a refence to his oath be made.

Plaintiff: Godwin Spiteri Sacco, 13, St John, Flat 1, Triq l-Ursolini, Tal-Pietà

Respondent: Carmel Delia, 70, Triq San Lawrenz, Isla

The  application in the names Godwin Spiteri Sacco vs Carmel Delia,  Application Number 110/2019MV, has been postponed for hearing to the 3rd March, 2020, at 10.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 3rd February, 2020, on the application of Galea Henry (ID 79464M) et, Thursday, 7th May, 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 number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Residential property without official number unofficially marked with number 21A built on plot number 21 forming part of the lands known as Juno Heights, forming part of the same property building named Oceana, including the garage in the basement level and two other overlying tenements, with the other tenement unofficially marked 21B with a half of the undivided share of the common parts, common services and amenities including the lift shaft and lift for the common use in Triq il-Biżantini, Marsaxlokk. The tenement is valued at €835,000 (eight hundred and thirty-five thousand euro).

The said tenement is the property of Bugeja Raymond (ID 310856M) and Bugeja Doris (ID 297781M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 48/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 24th February, 2020, on the application of Dr Edward Debono noe, Thursday, 11th June, 2020, at half past ten in the morning (10.30am), has been fixed for the sale by auction  to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Valletta of the following property.

a) Cave measuring approximately twenty-nine-point forty-one square meters (29.41m2), accessible from a common pathway leading in Triq San Ġakbu and bounded to the West Southwest by the common pathway, to the Northwest by property herein described - indicated as property A in the architect report and the attached photos, exempt from any ground rents and any other burdens

b) Portion of agriculture land, currently being worked by John Gauci, known as “Tal-Larinġ", measuring approximately seven hundred and seventy-four point twenty-eight square meters (774.28m²), accessible from a main gate situated in Triq San Ġakbu, bounded on the South and in part also on the West by property of Carmelo Scicluna or his successors in title, in part on the West with a common path, and on the East by property herein described - indicated as property B. This land along with other lands enjoys reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

c) Portion of agriculture land as subjected to a right of pathway and of water canals, which currently is being worked by John Gauci, measuring approximately nine hundred and fifty-eight point ninety-nine metres square (958.99m²), together with a water reservoir approximately length of nine point eighty-seven metres (9.87m) accessible from a main gate situated in Triq San Ġakbu, bounded on the West by property of Carmelo Scicluna or his successors in title, East by a common path, North by property herein described and indicated as property C. This land along with other land enjoys water reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

d) Portion of agriculture land which currently is being worked by John Gauci, known as “Iż-Żebbuġ ta' Fuq", measuring approximately seven hundred and sixty-seven point thirty-three square meters (767.33m²), accessible from a main gate situated in Triq San Ġakbu, bounded by the East with Triq San Ġakbu, South by property herein described and west by property of family Bugeja, at times also referred to  as bounded by West by a sies and indicated as property D. This land along with other land enjoys water reservoirs and water springs and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

e) Portion of agriculture land is subjected to right of common pathway and water canal which currently is being worked by John Gauci, known as “Ir-Roqgħa t'isfel", measuring approximately nine hundred sixty-three point zero two metres square (963.02m²), accessible from a main gate situated in Triq San Ġakbu, bounded on the North by property of Baron Salvatore Testaferrata Moroni Viani or his successors in title, South by property of Carmelo Scicluna or his successors in title and West by property herein described and marked as property E. This land along with other land enjoys water reservoirs and water springs and is exempt any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

f) Cave in the vicinities being used as a storage, part of which is underlying property of Carmelo Scicluna or his successors in title, approximately measuring twenty-four point seventy-six metres square (24.76m²) accessible from a main gate situated in Triq ta' San Ġakbu, bounded on the North by a common path, and the other compass points by property of Carmelo Scicluna or his successors in title - marked as property F, and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

g) Portion of land currently is being used as a terrace, known as “Il-Mandra" in the same vicinities and surroundings, consolidated with rooms H, O, P, U and Z to form one property. Accessible from the main gate situated in Triq San Ġakbu, bounded on the South by common path, West by property herein described and East by property of the heir of Carmelo Scicluna - marked as property G with land measuring superficially approximately eighteen point seven three five metre square (18.735m²) exempt from burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

h) Room in the same vicinities and surroundings adjoined by rooms G, O, P, U and Z to form one property accessible from the main gate situated in Triq ta' San Ġakbu and bounded on the North by property of Giuseppe Muscat or his successors in title, South by a common pathway, and West by property herein described -  indicated as property H, exempt from any burdens as well as ground rents that may burden the property situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances.

i) Portion of agricultural land which currently is being worked by John Gauci, known as “Ir-Roqgħa t'Isfel" sive “Il-Maħsel", approximately measuring two thousand six hundred eighty-eight point eighteen square meters (2682.18m²), accessible from the main gate situated in Triq San Ġakbu bounded on the North by property of Baron Salvatore Testaferrata Moroni Viani or his successors in title, East by property of family Bugeja and at times referred to bounded by a sies, and West by property of Carmelo Scicluna or his successors in title - indicated as property I. The land is subject of passageway and water canals with other lands, enjoys water reservoirs and water springs and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone.

j) Rooms contiguous and adjacent to one another currently used as store, having their entrance facing South, together with the other land annexed and forming integral part of the same, situated on the back of the said rooms, approximately measuring fifteen point thirty-seven square meters (15.37m²), accessible from the main gate situated in Triq San Ġakbu, bounded on the West by a room property of Pawlina Muscat, South by passageway and East by property - herein described indicated as property J, and is exempt from burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone.

k) Portion of agriculture land currently is being worked by John Gauci, known as “Il-Larinġ il-Qares" together with two caves a naturally water spring situated on the said land, measuring approximately one thousand four hundred twenty-five point twenty-eight (1425.28m²) square meters, and the caves measuring approximately twenty point seventy-one meter squares (20.71m²) accessible from the main gate in Triq San Ġakbu, which land is bounded on the North by property in the same territory, South by property of the Government of Malta and East by property of Carmelo Scicluna or his successors in title - indicated as property K. This land is exempt from burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone.

l) Portion of agriculture land currently being worked by John Gauci known as “Il-Larinġ il-Ħelu" approximately measures two hundred and fifty-six point two nine (256.29m2) square meters, accessibly from the main gate situated in Triq San Ġakbu, bounded with all compass point by property described above - indicated as property L and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

m) Portion of agricultural land currently being worked by John Gauci known as “Il-Maħsel" also known as “Il-Mansab"  on this said portion of land, approximately measures five hundred twenty-nine point four nine (529.49m2) square meters, accessible from the main gate situated in Triq San Ġakbu. This portion of land bounded on the South East and West by property herein described and South by property of Carmelo Scicluna or his successors in title - indicated  as property M and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

n) Portion of agricultural land currently being worked by John Gauci known as “Ir-Roqgħa t'Isfel" approximately measures eight hundred ninety-nine point nine (899.9m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on the North by property of Noble Testaferrata Moroni Viani or his successors in title and South West and North East by property herein described - indicated as property N and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

o) Room currently adjacent with rooms G, H, P, U and Z to form one property, approximately measures thirty square meters (30 m2) accessibly from a common pathway known as Triq tal-Karrettun tal-Komun accessible from the main gate situated in Triq ta' San Ġakbu and bounded from the North and Southeast by property  herein described - indicated as property O and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

p) Room with adjacent portion of land currently adjoining with rooms  G, H, O, U and Z together form one property, accessible from private pathway approximately measures twenty-two (22m2) square meters, accessible from the main gate situated in Triq ta' San Ġakbu, bounded on the North and Southeast by property herein described - indicated as property P and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

q) Portion of land known as “Ta' Larinġa" consisting in a swimming surrounded by decking without permit, water cistern as well as agricultural land currently being worked by John Gauci as well as common pathway measures approximately one thousand seventy-two point six three square meters (1072.63m2), accessible from the main gate situated in Triq ta' San Ġakbu, bounded on the North by property herein described, Southwest by property of Carmelo Scicluna or his successors in title and other compass points by property herein described and Northeast by pathway - indicated as property Q.  The land together with other land enjoys reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone.

r) Portion of agricultural land currently being worked by John Gauci known as “Iż-Żebbuġ ta' Fuq" together water cistern and room pump measures approximately of one thousand two hundred and thirty-seven point eight nine (1237.89m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on the North by the said Triq San Ġakbu, Northwest by property herein described and South by another property herein described - indicated as property R.  The land together with other lands is subject for the right of passage in favour of third parties and enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

s) Portion of agricultural land currently being worked by John Gauci known as “Tal-Mansab" measures approximately of one hundred and fifty-six point five four (156.54m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on the East and Northwest by property herein described and south by property of Carmelo Scicluna or his successors in title - indicated as property S. The land together with other lands and enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

t) Portion of agricultural land currently being worked by John Gauci known as “Ir-Roqgħa l-Ħażina" known as well “Ir-Roqgħa t'Isfel" measures approximately of eight  hundred and ninety point five three (890.53m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on the East by property herein described and Northwest by property of Baron Testaferrata or his successors in title and southwest by property herein described - indicated as property T. The land together with other lands and enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

u) Rural room that is accessible from a common pathway presently adjoined by rooms G, H, O, P and Z together forming one property measuring approximately fifteen point five square meters (15.5m²) accessible from a main gate in Triq San Ġakbu and bounded on the Southwest by common pathway, Northwest and Southeast by property herein described - indicated as U , and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

v) Portion of agricultural land currently being worked by John Gauci measures approximately of two hundred and thirty-three point six two (233.62m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on the East and Southeast by a lane and Southwest by property of the heirs of Carmelo Scicluna - indicated as property V and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

w) Portion of agricultural land currently being worked by John Gauci known as “Tal-Mansab" measures approximately of four hundred and seventy-two point six six (472.66m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on west  Northwest, East and Southwest by property herein described - indicated as property W, the land together with other lands enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

x) Portion of agricultural land currently being worked by John Gauci known as “Tal-Larinġ" measures approximately of two hundred and seventy point three six (270.36m2) square meters, accessible from the main gate situated in Triq San Ġakbu, bounded on West by property of the heirs of Carmelo Scicluna, East Northeast and West by property herein described - indicated as property X. The land together with other lands enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

y) Portion of agricultural land currently being worked by John Gauci known as “Ir-Roqgħa t'Isfel" measures approximately of eight hundred and fifty-three point thirteen (853.13m2) square meters, accessible from the main gate situated in Triq San Ġakbu, and leads to a lane through a passage on the righthand side leading to property C. One should walk from property C as well further up from properties M, I, E,T and N to reach the said land. This land bounded on the Northeast by property located in the same territory, Northwest by Baron Testaferrata Moroni Viani or his successors in title and West by Carmelo Scicluna or his successors in title - indicated as property Y.  The land together with other lands enjoys reservoirs and water springs and it is exempt for any ground rent and or any burdens and is situated in an Outside Development Zone.

z) Room that is accessible form a common pathway consisting in a room presently adjoined  by rooms G, H, O, P and U together forming one property measuring approximately forty squares meters (40m²) accessible from a main gate in Triq San Ġakbu bounded on the North by the heirs of Carmleo Scicluna, Southwest and Southeast by property herein described - indicated as Ż and it is exempt for any ground rent and or any burdens which the said property is subject to and is situated in an Outside Development Zone.

All the above properties indicated from A to Z valued at thirteen million euro (€13,000,000).

The said tenement is the property of Borg Jean Pierre sive Jean (ID 473467M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 23/2018.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 20th February, 2020, on the application of Farrugia Jesmond (ID 507171M), Tuesday, 5th May, 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 Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Property which includes a portion of land occupied by two farms without number, one known as 'Farmhouse tar-Riħ' and the other known as 'Catherine's Domain', in Tar-Riħ in territory known as Tal-Madliena, in the part known as Il-Munxar, Ta' Gidem, and Ta' Newma limits of Ħad-Dingli, bounded on the South by Triq l-Irdum formely known as Dingli Cliffs Road, on the East in part by property of the Government of Malta and in part by property of the heirs of the late Notary Joseph Felix Abela and others, on the West by a public road for the price of two million and three hundred thousand euro (€2,300,000) as said in the judgement given on the 27th October, 2017, by Judge Hon. Joseph Azzopardi, Application number 1091/12.

The said tenement is the property of Ellul Giuseppa (ID 675537M) and Farrugia Jesmond (ID 507171M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 24/2018.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 26th February, 2020, on the application of Bank of Valletta plc (C 2833) Thursday, 15th June, 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 number 78, near the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Unnumbered garage named 'Elia' in Triq il-Kanun, Ħal Qormi other times referred to as Santa Venera. The said garage is bounded on East by Triq il-Kanun, North by property of Emanuel Galea and on the South by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of forty-one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty-five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C 7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court (FDP) on the 5th February, 2020, in the records of the Counter-Warrant in the names Rachelle Buttigieg vs Paul Berman, son of Henry (ID 14553A) and his wife Colette Berman, daughter of Raymond Cassar Torregiani (ID 294959M) on the 23rd December, 2019, the following publication was ordered for the purpose of service of the respondent Rachelle Buttigieg, in terms oF Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the First Hall Civil Court, following the Garnishee Order Number 1772/2019, issued on the 29th September, 2000, in the names Rachelle Buttigieg vs Paul Berman, son of Henry Idro (ID 14553A) and his wife Colette Berman, daughter of Raymond Cassar Torregiani (ID 294959M), on the 23rd December, 2019, the applicant Paul Berman (ID 14553A) and Colette Berman (ID 294959M) respectfully asked:

That this Honourable Court order the issuing of the opportune counter-warrant for the undermentioned reason.

Reason: The Precautionary Warrant abovementioned is not to remain in force since all the demands of the creditor brought forward in the relative cause in the names Rachelle Buttigieg vs Paul and Colette spouses Berman (Writ of Summons Number 849/00 /LSO) were rejected by means of the relative judgement given by this Honourable Court on the 27th March, 2014, and despite that the creditor filed an appeal from the said judgement in order to continue to harass the interpellant the relative appeal was declared deserted on the 10th December, 2019, and thus the abovementioned judgement (in virtue of which the demands of the plaintiff Rachelle Buttigieg were rejected) constitues res judicata.

Number 28

Counter-Warrant

Republic of Malta

To the Court Marshall  

Whereas following the execution of the warrant to which the above application refers there are sufficient reasons according to law why the said warrant is not to remain in force.

Given by the Court abovementioned with the witness of the Civil Court First Hall with the witness of the Hon. Mr Justice Francesco Depasquale LLM (IMLI) LLD.

Civil Court First Hall

In the records of the Counter-Warrant Number 1773/2019  in the names

Rachelle Buttigieg

vs

Raul Berman

The Court,

Saw the Application,

Orders the service with one week to file a reply.

Services:

HSBC Bank Malta plc, 80, Mill Street, Ħal Qormi

Bank of Valletta plc, 58, Triq Żakkarija, Valletta

APS Bank Ltd, 17, Triq ir-Repubblika, Valletta

Lombard Bank Malta plc, 67, Triq ir-Repubblika, Valletta

Notify: Rachelle Buttigieg, 124, Flat 2, Triq Sant'Elena, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 27th November, 2019, the publication of the following extract was ordered for the purpose of effecting service on Andre Agius in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 12th August, 2019, in the records of judicial letter in terms of Article 253(e) u 256(2) of Chapter 12 of the Laws of Malta with number 851/2019 in the names J. Zammit Limited (C 37945) vs Andre Agius (ID 386076M) and Caroline Agius (ID 110180M), whereby Caroline Agius (ID 110180M) respectfully pleaded:

That on the 31st July, 2019, the applicant was notified by means of a judicial letter filed by the applicant company by means of which the applicant was solicited to immediately pay together with her ex-husband the sum of €9,711.52 representing the value of 29 bills of exchange here attached with the same judicial letter.

The applicant is availing herself of the option given to her in terms of Article 253(e) of the Laws of Malta to oppose the execution of the bills of exchange of the same judicial letter.

There exist valid reasons to oppose the execution of these bills of exchange.

The whole amount of €9,711.52 is due by the other respondent her ex-husband from whom she is legally separated and according to the deed of separation, this debt was assigned and accepted by him Doc. CA1; it fully results that until the time the parties were married the payments were paid regularly by the applicant; in addition, the applicant was always being ensured that the other respondent was paying regularly and if he produces evidence to this effect, it would result that there would be a case of unjustified enrichment if these bills of exchange are enforced.

Accordingly, on the basis of article 253 of Chapter 12 of the Laws of Malta the applicant is forcefully opposing the attempt by J. Zammit Limited to enforce the bills of exchange aforementioned and this for all the effects and purposes at law since the said bills of exchange cannot be rendered enforceable against the applicant in terms of article 256(2) of Chapter 12 of the Laws of Malta.

Thus in view of the above, the applicant humbly requests this Honourable Court to suspend the execution of all the bills of exchange of this judicial letter in the names above mentioned and under the terms and conditions that this Honourable Court deems fit and opportune.

The Court,

Saw the applicantion,

Orders that it be notified to the couterparties that have twenty (20) days for a reply, and

Appoints the application (Notice Number 173/19RM) in the names J. Zammit Limited vs Andre Agius et for hearing for Tuesday, 15th October, 2019, at 9.00 a.m. which hearing was postponed to Thursday, 5th March, 2020, at 9.15 a.m..

Applicant: The Pines, Triq is-Sajf ta' San Martin, Rabat

Service respondent: Andre Agius, 52, Triq Inguanez, Rabat

J. Zammit Ltd, Triq Valletta, Ħal Qormi

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 29th October, 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 24th June, 2019, whereby they asked the Tribunal to condemn Mason Nehls (ID 416593M) of 13, Carmdor, Triq it-Tiben, Marsaskala, to pay the plaintiff company the sum of  €654.25 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 159/2019PM) is put off on the 5th March, 2020, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 4th November, 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 24th June, 2019, whereby they asked the Tribunal to condemn John Mifsud (ID 140675M) of 29, Linda Garage, Triq l-Ispnott, Xgħajra, to pay the plaintiff company the sum of  €2,270.16 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 144/2019PM) is put off on the 5th March, 2020, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Zahra Borg Loumri (ID 360200L) filed an application under oath (No. 162/2020 JVC) demanding the correction of the Act of Birth No. 3602/2000 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

By a decree given on the 10th February, 2020, 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(5) of the Code of Organisation and Civil Procedure (Chapter 12).

That by an application filed by Carmelo sive Charles Barbara (ID 533943M) on the 7th of November, 2019, is asking for the withdrawal of €47,218.89 by Carmelo sive Charles Barbara by schedule of deposits number 1811/2017, 1944/2017, 253/2018, 64/2019 and 98/2019 in the names of:

Cambio Stile Limited with the registration number C 51755 vs Carmelo sive Charles Barbara (ID 533943M)

The Court ordered the notification of the application with a ten (10) day period to reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th October, 2019, in the records of the judicial counter-protest number 259/19 in the names Director General for the Department of Health Services et vs Alina Ionela Stanca et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondents Alina Ionela Stanca and Dejan Gavrilovic in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

In the acts of the Protest number 242/19

To Alina Ionela Stanca (Romanian ID RK 292782), Xemxija Park Block C, Flat 6, Triq Piscopo Macedonia, San Pawl il-Baħar

Dejan Gavrilovic (Serbian passport 013784501), Xemxija Park Block C, Flat 6, Triq Piscopo Macedonia, San Pawl il-Baħar

Counter-protest of the Director General for the Department of Health Services, the Chief Government Medical Officer, Deputy Prime Minister and the Honourable Minister for Health, Permanent Secretary in the Ministry for Health, Chief Executive Mater Dei Hospital, Chief Medical Officer, Director General (Health Services), Director (Nursing Services) and the Attorney General who respectfully sumbit:

That by means of this present Director General for the Department of Health Services, the Chief Government Medical Officer, Deputy Prime Minister and the Honourable Minister for Health, Permanent Secretary in the Ministry for Health, Chief Executive Mater Dei Hospital, Chief Medical Officer, Director General (Health Services), Director (Nursing Services) and the Attorney General make reference to your judicial protest holding number 242/19, filed on the 17th June, 2019, and inform you that they are rejecting all the  allegations made as vaunted by you as unfounded in fact and in law on your behalf.

The interpellants always gave and as occured in this case gave the services requested by you at the appropriate time.

The interpellant once again points out that the service requested by you was given as given to everybody without discrimination.

Applicants:

Department of Health, Palazzo Castellania, 15, Triq il-Merkanti, Valletta

Mater Dei Hospital Tal-Qroqq, Msida MSD 2090

Attorney General, Pjazza San Ġorġ, Valletta

Notification:

Alina Ionela Stanca (Romanian ID RK 292782), Xemxija Park Block C, Flat 6, Triq Piscopo Macedonia, San Pawl il-Baħar

Dejan Gavrilovic (Serbian passport 013784501), Xemxija Park Block C, Flat 6, Triq Piscopo Macedonia, San Pawl il-Baħar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 3rd February, 2020, in the records of the Application in the names J.T.E. Limited vs Attard Ivan et, Application Number 88/2012, the following publication was ordered for the notification of the respondent Noemi Attard, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal, Writ of Summons Number 88/2012 in the names the company J.T.E. Limited (C 15382) vs i. Ivan Attard, ii. Noemi Attard, iii. Jason Attard and iv. Frances Attard, on the 18th December, 2014, the plaintiff company premised:

1. That by means of a private writing of the 24th September, 2012, the company J.T.E. Ltd granted by title of lease the premises Conway House, Triq  ir-Rabat, Xlendi to the defendants Ivan Attard (ID 293778M) and  Noemi Attard (ID 380579M) and this for commercial purposes.

… omissis …

3. That despite that at the beginning of the period of the  lease the defendants Ivan Attard and Noemi Attard had regularly made the payments of the rent due for the premises herein described the defendants subsequently did not remain regular in the payment of the rent.

4. That in November 2011, the defendant Ivan Attard informed the interpellant nomine that he was going to terminate the lease agreement de quo, with effect from the 30th March of the current year.

… omissis …

6. That the defendants failed to release the possession of the premises mentioned on the 30th March of the current year.

… omissis …

9. That by means of a judgement of the Rent Regulation Board of the 13th July, 2012, the defendants Ivan and Noemi Attard were condemned to pay the plaintiff company the sum of €19,825.65c) rent for the period indicated in the application.

… omissis …

12. That effectively it resulted that the premises mentioned was sold to the other defendants Jason and Frances spouses Attard, by means of a contract in the records of Notary Kristen Dimech of the 27th April, 2012.

13. That this sale was made in flagrant prejudice of the creditory rights of the plaintiff company.

… omissis …

16. That from the premised it appears clear that the defendant's behaviour is deceitful and made in fraud and prejudice of the rights of the creditors Ivan and Noemi Attard.

… omissis …

Thus the defendants are to state why this Honourable Court should not in view of that exposed:

1. Order that there be rescinded, annulled and dissolved the contract of sale of the premises which consists in an apartment internally marked 2, in  Tambourline Court, Triq Ġużè Bonnici, Nadur, in the records of Notary Kristen  Dimech, of the 27th April, 2012, between Ivan and Noemi Attard and the defendants Jason and Frances spouses Attard.

… omissis …

That by means of a judgement of the 28th November, 2014, the Court of Magistrates, Gozo, Superior Jurisdiction (General Jurisdiction) after premising that the present cause is the actio pauliana summarised the facts as they resulted to it and refered to jurisprudence relating to the  cause brought forward.

… omissis …

That the Honourable First Court was of the opinion that as regards the consilium fraudis and partecipatio fraudis from the proof produced it cannot be stated that these elements were proved. In fact it resulted that although Ivan and Noemi Attard were aware of the debt they had with the plaintiff company (which was not yet declared) they tried to reduce the debt as much as possible.

… omissis …

For these motives the First Honourable Court decided the cause by upholding the plea of all the defendants and rejected the demands of the plaintiff company. With all costs at their expense.

That the grievance is clear  and consists of the following:

1. That in the first place the Honourable First Court badly interpreted the law and especially the constitutive elements of the actio pauliana and consequently badly applied the proof produced and reached  the wrong conclusions.

… omissis …

That the reasoning of the Honourable First Court is totally mistaken and the fraud on the part of the defendants Ivan and Noemi Attard is manifest.

… omissis …

That it cannot be that Jason Attard if not also Frances Attard did not know about the precarious financial state of their debtors Ivan and Noemi Attard and this because the latter were irregular in the payments they made as resulted from the proof that what they had paid was €1000.

… omissis …

That there is no doubt that Jason Attard knew and that with the impugned deed of sale nothing was to be left in the patrimony of the debtors and for that reason he borrowed money to buy the apartment instead of it being bought by someone else.

For these reasons and others that can be brought forward later on and whilst reserving to present that proof which is permissible at this stage the plaintiff company respectfully prays that this Honourable Court revoke the judgement of the Honourable First Court on the 28th November, 2014, in the names premised and uphold the plaintiff's claims with costs against the defendants.

By means of a Notice of hearing of a cause issued by the Registry Superior Courts on the 25th November, 2019 and whereas the procedures in writing in the cause before the Court of Appeal between the company J.T.E. LImited vs Ivan Attard, Noemi Attard, Jason Attard and Frances Attard were closed, the Court fixed the hearing of this cause for Monday, thirteenth (13) of January, 2020, at 9.30 a.m., and put off to the 3rd February, 2020, at 9.00 a.m. and put off to the 16th March, 2020, at 9.00 a.m.

Notify respondent: Flat 2, Namru Flats, Triq il-Belvedere, Qala, Gozo

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals