Court Notices published in Govt. Gazette no. 20,366 of 13 March 2020

By a decree of the 5th March, 2020, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Chapter 12).

That by the application filed by Genaudio Ltd with the registration number C 50733 on the 4th September, 2019, is asking for the withdrawal of the amount of €6,807.22 by Genaudio Limited deposited by the Schedule of Deposit number 1655/2019 in the names of:

Genaudio Limited C 50733 vs Velocitay Malta Trading Limited C 81859

The Court ordered the notification of this application with two (2) days for filing a reply.

MARVIC FARRUGIA

For the Registrar, Courts and Civil Tribunals

By means of a decree given by the First Hall Civil Court on the 6th March, 2020, in the records of the Sworn Application in the names Blundell Dennis et vs Scicluna James et, Application Number 1009/19 TA, the following publication was ordered for the purpose of service of the respondents James and Maria spouses Scicluna, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court in the names Dennis and Rita spouses Blundell  (ID 470064M and 214466M respectively) vs James Scicluna of British nationality (ID 0146560A) and Maria Scicluna of British nationality, number of passport P522529424, on the 23rd October, 2019, the applicant asked the defendants to state why, saving any declaration which is necessary and oportune, this Honourable Court should not:

1. Decide this cause without proceeding to a hearing in terms of Articles 167 et sequitur of Cap. 12 of the Laws of Malta and declare that the defendant is a debtor of the applicant in the amount of thirty-eight thousand eight hundred seventy-five euro (€38,875) besides legal interest representing (a) penalty of two hundred euro (€200) daily for one hundred eighty-two days from the 1st October, 2018, till the 31st March, 2019, as well as (b) the sum of two thousand four hundred seventy-five euro (€2,475) representing tiles, sanitary facilities for the bathroom and parquest as stated in the application.

With costs against the respondent and interests according to law.

The Sworn Application in the names Blundell Dennis et vs Scicluna James et, Application Number 1009/19 TA, has been put off for hearing to the 12th March, 2020, at 9.30 a.m.

Respondents: James and Maria spouses Scicluna, Block 31, Apartment 305, Portomaso, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by this Court, on the 12th February, 2020, following a request of Josef Joseph Sharfid, it was ordered that deputy curators be chosen to represent the absent Fatima Talha, in the records of the Sworn Application 33/20 JPG, in the names ‘Josef Joseph Sharfid vs Deputy Curators’ and in the other relative and subsequent acts.

By means of an Application, filed, in the in the Civil Court (Family Section) in the names Josef Joseph Sharfid (ID 0392375M) vs Fatima Talha, on te 7th February, 2020, the applicant Josef Joseph Sharfid (ID 0392375M) asked this Honourable Court;

1. To order the dissolution of the marriage between him and his wife Fatima Talha and uphold the other demands in the application.

Applicant: Josef Joseph Sharfid, Binja tas-Salvatur, Entrance B, Flat 5, Triq  Luigi Pisani, Kalkara

Respondent: Deputy Curators to represent Fatima Talha

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 wises so to act.

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

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

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

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 21st February, 2020, in the records of the Sworn Application in the names Juliette Tango Holdings Limited vs Southcliff Developments Limited, Application Number 80/2020 MH, the following publication was ordered for the purpose of service of the company ‘Southcliff Developments Limited ‘and Raymond Agius (as sole director of ‘Southcliff Developments Limited’ in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court , in the names Juliette Tango Holdings Limited (Co. Reg. No. C 49462) vs Southcliff Developments Limited (Co. Reg. No. C 27802) on the 24th January, 2020, the applicant Juliette Tango holdings Limited (Co. Reg. No. C 49462) as represented asked this Honourable Court in terms of Article 258 of Cap. 12 of the Laws of Malta to authorise it to execute the contract in the records of Notary Dr Bartolomeo Micallef, of the 25th November 2015, with costs of this procedure against the respondent company ‘Southcliff Developments Limited’.

The Sworn Application in the names Juliette Tango Holdings Limited vs Southcliff Developments Limited, Application Number 80/20 MH, has been deferred for hearing to Monday, 30th March, 2020, at 9.00 a.m.

Applicant: Juliette Tango Holdings Limited (C49462).

Notify: 1. Southcliff Developments Limited, 86, Triq Manwel Dimech, Tas-Sliema

2. Raymond Agius (in his capacity of sole Director of ‘Southcliff Developments Limited, Southcliff Mansions, Apartment 7, Triq is-Swejda, Marsaskala

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 10th March, 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 Organization and Civil Procedure.

Whereas by a decree dated the 10th March, 2020, in the records of the schedule of deposit and redemption of ground rent number 48/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Josephine Grech, housewife, holder of identity card number 40460G; Mario Cassar, government employee, holder of identity card number 43762G; Mary Grace Caruana, housewife, holder of identity card number 3171G; Lucy Calleja, pensioner, holder of identity card number 67255G; Coronato Calleja, pensioner, holder of identity card number 61342G; Francis Calleja, pensioner, holder of identity card number 84544G; John Calleja, nurse, holder of identity card number 43858G; Joseph Calleja, pensioner, holder of identity card number 13049G; Grace Camilleri, housewife, holder of identity card number 28352G; Margaret Rose Camilleri, housewife, holder of identity card number 4854G, Maria Gafà, house wife, holder of identity card number 87545G; Maurice Zammit, self-employed, holder of identity card number 6862G, versus deputy curator in order to represent the unknown persons entitled to receive the ground-rent mentioned below, filed on the 3rd March, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicants together are owners of a property consisting of Block A, B, and C in the complex numbered twenty-three (23) named ‘Calleja Court’, in Triq is-Sagħtar, Rabat, Gozo, the whole bounded on the north by the street, south with property of Louis Calleja and east with property of Anthony Calleja or aventi causa or more correct boundaries. That the property is subject to the payment of one shilling six pence (£ 0 1/6-) annual and perpetual ground rent. This property is marked in red on the plan and site-plan herewith attached and marked as Doc. A;

That the applicant wishes to redeem the ground-rent in its entirety and thus is presenting this application;

That the applicant does not know to whom is this ground-rent payable;

That this property was originally acquired by Antonio Calleja from Michel’Ang Calleja by virtue of a deed of donation in the acts of Notary Francesco Gauci of the twenty-fourth (24) July of the year one thousand, nine hundred and forty-six (1946) a copy of which is being herewith attached and marked as Doc. B;

That the ground-rent described above is of one shilling six pens (£ 0 1/6-) equivalent to seven cents five mils of the Maltese lira (LM 0.07c5) equivalent to eighteen euro cents (€0.18);

That the applicants wish to benefit from the dispositions of Law and by virtue of Article 1501 of Cap. XVI of the Laws of Malta, redeems the ground-rent in its entirety which capitalised at the rate of five percent (5%) amounts to three euro and sixty cents (€3.60);

Therefore, the applicants in order to exonerate themselves from any responsibility, are calling upon this Honourable Court and under its authority deposit the sum of three euro and sixty cents (€3.60) in redemption of ground-rent as explained above, which amount may be freely withdrawn by the respondent/s after due receipt according to law is tendered.

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.

Superior Jurisdiction, General Section

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 10th March, 2020, in the records of the judicial letter number 678/2020 in the names Mary Rose Zammit vs Roxanne Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Roxanne Mangion in terms of Article 891(1) and (2) of Chapter 12.

In the First Hall of the Civil Court

To

Roxanne Mangion (ID 508395M)  and Laferla Insurance Agency Limited

By means of this present Mary Rose Zammit (ID 486665M) of Binja Ħarriġiet, Ent. D, Flat 1, Triq il-Ħarriġiet for Triq 15 ta’ Settembru 1598, Mqabba, solicits you so that within forty-eight (48) hours you:

1. Come forward for the liquidation and payment of damages she suffered as established from the medical reports which damages are considerable as resulting from a 11% disability suffered by her as a consuequence of the accident hereunder mentioned split as to 5% visual disability and as to 6% physical disability and this as it will be proved by means of duly certificates issued if the case may be.

2. Pay the amount of €2783.63 representing the damages caused to her vehicle with registration number JBS 146 and also the amount of €1544.22 or any other sum representing the medical cost which cure is still being administered.

And this as a consequence of the car accident of the 22nd March, 2018, which vehicle was driven by you of the type of Toyota Vitz with registration number BBU 223 that collided with the vehicle of type KIA Piccanto with registration number JBS 146 that at the time of the accident was in the road of the Ħal Kirkop Tunnel in the direction of Valletta and for which road accident you were solely responsible because of your default in abiding with the traffic regulations, lack of skill, negligence and lack of observation of the traffic regulations.

You are further warned that if you fail to abide with the abovementioned, the interpellant will proceed futher against you according to law.

This judicial act is being sent to you for all the effects and purposes of law particularly Chapter 12 and 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 10th March,2020 in the records of the judicial letter number 678/2020 in the names Mary Rose Zammit vs Roxanne Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent Roxanne Mangion in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To

Roxanne Mangion (ID 508395M) and Laferla Insurance Agency Limited

By means of this present Mary Rose Zammit (ID 486665M) of Binja Ħarriġiet, Ent. D, Flat 1, Triq il-Ħarriġiet for Triq 15 ta’ Settembru 1598, Mqabba, solicits you so that within forty-eight (48) hours you:

1. Come forward for the liquidation and payment of damages she suffered as established from the medical reports which damages are considerable as resulting from a 11% disability suffered by her as a consuequence of the accident hereunder mentioned split as to 5% visual disability and as to 6% physical disability and this as it will be proved by means of duly certificates issued if the case may be.

2. Pay the amount of €2783.63 representing the damages caused to her vehicle with registration number JBS 146 and also the amount of €1544.22 or any other sum representing the medical cost which cure is still being administered.

And this as a consequence of the car accident of the 22nd March, 2018, which vehicle was driven by you of the type of Toyota Vitz with registration number BBU 223 that collided with the vehicle of type KIA Piccanto with registration number JBS 146 that at the time of the accident was in the road of the Ħal Kirkop Tunnel in the direction of Valletta and for which road accident you were solely responsible because of your default in abiding with the traffic regulations, lack of skill, negligence and lack of observation of the traffic regulations.

You are further warned that if you fail to abide with the above mentioned, the interpellant will proceed futher against you according to law.

This judicial act is being sent to you for all the effects and purposes of law particularly Chapter 12 and 16 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by this Court on the 7th February, 2020, following  a request of Rihab Omran KH Abushagur, it was ordered that deputy curators be chosen to represent the absent Basem M B Kurdasi in the records of the Application 13/20 JPG, in the names ‘Rihab Omran K H Abushagur vs Deputy Curators’ and in the other relative and subsequent acts.

By means of  an Application filed in the Civil Court (Family Section), Application 13/20 JPG, Rihab Omran KH Abushagur (ID 147956A) vs Basem M.B. Kurdasi (Libyan passport no 84645) on the 14th January, 2020, the applicant Rihab Omran KH Abushagur (ID 147956A) premised and asked this Honourable Court for the reasons mentioned in the application herein mentioned:

1. That the applicant resided in Libya together with the respondent and on the 3rd of October, 2015, due to problems in Libya, together with her three children she came to Malta;

… omissis …

10. That the minors’ father lives in Libya and the applicant does not know where he is as she lost all contact with him.

Thus in view of this the applicant prays:

1. That the Court upholds her request without proceeding to notification and in the supreme interest of the minor,

2. To entrust the care and custody of the three minors mentioned in the application to the applicant and uphold the other demands in the application,

Notify Respondent: Bel Air Court, Flat 3, Triq Jean de la Cassiere, San Pawl il-Baħar

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

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

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

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr Justice Mark Chetcuti BA LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 15th October, 2019, Application number 1811/2019 by Andrew Sciberras, whereby he requested that it will be declared open in his favour the succession of his brother Kevin Sciberras, bachelor, son of the late Anthony Sciberras and Maria Dolores nee Sultana, born in Ħ’Attard, Malta, resided in Ħamrun, Malta and died in Ħamrun, Malta on the 26th May, 2019, aged 47, and who held identity card number 0412871M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 8th January, 2020, in the records of the Sworn Application in the names Unique Turnkey Limited vs Express Logigroup Limited, Application Number 949/19 AF, the following publication was ordered for the purpose of service of the company Express Logigroup Limited (C 58205) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the First Hall Civil Court in the names Unique Turnkey Limited (C 37841) vs Express Logigroup Limited (C 58205) on the 8th October, 2019, the applicant company Unique Turnkey Limited (C 37841) asked this Honourable Court to condemn the respondent company to pay the balance of forty-three thousand one hundred twenty-three euro and fifteen cents (€43,123.15) value of balance of price of work carried out in a construction site in Tal-Pietà.

With costs, as demanded against the respondent company summoned so that a reference to its evidence be made.

The Sworn Application in the names Unique Turnkey Limited vs Express Logigroup Limited, Application Number 949/19 AF, has been put off for hearing to the 21st May, 2020, at 9.30 a.m.

Notify respondent company: 

3, Pjazza Kapillan Muscat, Ħamrun

4, Romantika, Triq G. Borg, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 15th of October, 2019, by the Civil Court (Voluntary Jurisdiction Section) in the application number 644/19 filed on the 11th of April, 2019, by Carmel sive Charlie Attard and Mary Attard whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Giovanni Cassar, son of Giuseppe Cassar  and Evangelista Cassar nee Xiberras, born in Xewkija on the 21st of December, 1916, with birth certificate number 70/17, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Giovanni Cassar is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section), for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court abovementioned.

MELISSA GALEA

For the Registrar, Civil Courts and Tribunals                                                                 

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the twenty-sixth (26th) of February of the year two thousand twenty (2020) (Application number 17/2020BS) by lawyer Doctor Angele Formosa on behalf of Francis Debrincat, Silvio Debrincat, Samuel Debrincat, Joseph Debrincat, Mariann Debrincat, Agnese Formosa, John Debrincat, Paul Debrincat, Charles Debrincat, Peter Debrincat, David Debrincat, Olivia Corrente, Claudia Corrente who live abroad, requested the opening of the succession of Patrick Debrincat, son of the late Tarcisio Debrincat and Julia nee Cauchi, born and used to reside in Għarb, Gozo, died in Għarb, Gozo on the twenty-sixth (26th) of December of the year two thousand and eighteen (2018), intestate, who wasn’t married and did not have children, the heirs of his succession devolved on his ten siblings, Samuel Debrincat, Joseph Debrincat, Mariann Azzopardi, Agnese Formosa, John Debrincat, Francis Debrincat, Spiro Debrincat, Paul Debrincat, Silvio Debrincat and Charles Debrincat with equal shares between them. That one of his siblings, Spiro Debrincat, died on the seventh (7th) of July of the year nineteen ninety-four (1994) and his succession was superseded by his three children Peter Debrincat, David Debrincat and Julie Corrente. That the same Julie Corrente daughter of Spiro Debrincat died on the fifteenth (15th) of July of they year two thousand and fifteen (2015) and her succession was superseded by her  three chldren Archangelo Corrente, Claudia Corrente u Olivia Corrente, which opening of succession of Patrick Debrincat is to be made in favour of Joseph Debrincat as to one of ten (1/10) undivided share; in favour of Samuel Debrincat as to one of ten (1/10) undivide share; in favour of Mariann Azzopardi as to one of ten (1/10) undivided share; Agnese Formosa as to one of ten (1/10) undivided share; in favour of Paul Debrincat as to one of ten (1/10) undivided share; in favour of John Debrincat as to one of ten (1/10) undivided share; in favour of Silvio Debrincat as to one of  ten (1/10) undivided share; in favour of Francis Debrincat as to one of ten (1/10) undivided share; in favour of Charles Debrincat as to one of ten (1/10) undivided share; in favour of David Debrincat as to one of thirty (1/30) undivided share, in favour of Peter Debrincat as to one of thirty (1/30) undivided share, in favour of Archangelo Corrente as to one of ninety (1/90) undivided share; in favour of Claudia Corrente as to one of ninety  (1/90) undivided share; in favour of Olivia Corrente as to one of ninety  (1/90) undivided share.

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

DORIANNE CORDINA

For the Registrar, Gozo 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

Application Number 15/2020

Peter Paul Grech in his own name and as a special mandatory of the absent Rita Saliba, Joan Attard and Carmen Pisani; and Saviour Grech, Maria Galea, Emmanuel Anthony sive Tonio Grech, Silvana Grech, Elizabeth Farrugia and Rita Mary Porto 

vs

Andrew Grech 

Application of Peter Paul Grech in his own name and as a special mandatory of the absent Rita Saliba, Joan Attard and Carmen Pisani, Saviour Grech, Maria Galea, Tonio Grech, Silvana Grech, Elizabeth Farrugia and Rita Mary Porto;

Respectfully submit and Silvana Grech on oath confirms: 

1. That this application concerns three properties, namely (i) the property with official numbers seventeen (17) and eighteen (18) in Triq Grunju, Nadur, Gozo, bounded on the South with Triq Grunju, East with property of Giuseppe Sultana or his successors in title, North with property of the heirs of Lorenzo Bonello or their successors in title and West with property of the heirs of Peter Paul Grima or their successors in title (ii) a portion of land of approximately one hundred and four square metres (104 sq.m) in Triq il-Mitħna l-Qadima, Nadur, Gozo corner with Triq Sant’Andrija, Nadur, Gozo, bounded on the East with Triq Sant’Andrija, North with Triq il-Mitħna l-Qadima, West with property of Giuseppe Sultana or his successors in title, and South with property of Giuseppa Sultana or her successors in title and (iii) a field known as ‘Il-Ġnien’ in the territory known as ‘Ta’ Patrik’ with access from Triq iż-Żerniq, Nadur, Gozo measuring approximately three hundred and eighty-nine square metres (389 sq.m) bounded on the  North with property of heirs of Salvu Muscat or their successors in title, East with property of the heirs of Francesco Mizzi or their successors in title, South with property of Giuseppa Sultana or her successors in title and West partially with property of Nikola Cassar or his successors in title and partially with property of Carmela Camilleri or her successors in title.

2. That the above-mentioned properties have devolved from the inheritance of the late Paola Grech, who died on the 18th of July, 1990.

3. That the said Paola Grech regulated her inheritance and succession through two unica carta wills that she had done together with her late husband Paolo Grech, which were published in the acts of Notary Dr Ġużeppi Cauchi on the 29th of March, 1975, and on the 27th October, 1978 (copies attached and marked Doc. A and Doc. B) and another will which was made by her in the acts of the Notary Dr Michael Refalo on the 27th of July, 1989 (copy attached and marked as Doc. C), in virtue of which she nominated as universal heirs her children the applicants, Peter Paul Grech, Rita Saliba, Joan Attard, Carmen Pisani, Saviour Grech, Maria Galea, the respondent Andrew Grech and Ġużepp Grech, today deceased, and who was succeeded by his children the applicants Emanuel Anthony sive Tonio Grech, Silvana Grech, Rita Mary Porto and Elizabeth Farrugia.

4. That the properties forming the subject-matter of these proceedings were paraphernal properties of the said Paola Grech which were assigned to her through a contract of division in the act of Notary Ġużeppi Cauchi of the 18th of June, 1981.

5. That the applicants and respondent are therefore all co-owners of the above-mentioned properties, as the heirs of the said Paola Grech. 

6. That these properties have been held in common since the date of death of the said Paola Grech, and therefore for more than three years.

7. That neither one of the parties has commenced an action before the competent court for the division of the inheritance of the said Paola Grech.

8. That after the applicants obtained valuations of the properties, copies of which valuations of Architect Claude R. Mallia, are being here attached and marked Doc. D, Doc. E, and Doc. F respectively, the applicants agreed to sell the properties in question  for the price of €135,000 in the case of the property with number seventeen (17) and eighteen (18) in Triq Grunju, Nadur, Gozo, as evidenced by  the promise of sale dated 17th of December, 2019 (copy attached and marked Doc. G), for the price of €114,000 in the case of the portion of land in Triq il-Mitħna l-Qadima corner with Triq Sant’Andrija, Nadur, Gozo as evidenced by the promise of sale dated 30th of November, 2019 (copy attached and marked Doc. H) and for the price of €5,500 for the field known  as ‘Il-Ġnien’ in the territory known as ‘Ta’ Patrik’ with access from Triq iż-Żerniq, Nadur, Gozo, as evidenced by the promise of sale dated 30th November, 2019 (attached and marked Doc. I). 

9. That this was done after several attempts on part of the applicants to come to an agreement with the respondent on the sale of the said properties, which attempts failed.

10. That the respondent has been called upon by a judicial letter dated 1st of November, 2019 (copy attached and marked Doc. J), to appear on the promises of sale relative to his share, but he remained in default.

11. That the applicants believe that the price they have agreed upon for the sale of the properties which form the subject-matter of these proceedings is a just one and that the respondent is not going to suffer any prejudice as a result of such transfer.

12. That a schedule of the shares of each and every party in the properties forming the subject-matter of these proceedings is attached hereto and marked as Doc. K.

13. That the respondent is therefore owner of one eighth (1/8) undivided share of properties in question, whilst the applicants are joint owners of the remaining seven out of eight (7/8) undivided shares.

Therefore, the applicants respectfully request this Honourable Court, further to the publication of this application in the Government Gazette and in another local newspaper in terms of Article 495A of Chapter 16 of the Laws of Malta to:

1. Declare that the price as well as the conditions proposed for the transfer of the shares of the applicants in the properties which form the subject-matter of these proceedings namely the property  with official numbers seventeen (17) and eighteen (18) in Triq Grunju, Nadur, Gozo, the portion of the land of approximately one hundred and four square metres (104 sq.m) in Triq il-Mitħna l-Qadima, Nadur, Gozo corner with Triq Sant’Andrija, Nadur, Gozo and the field known as ‘Il-Ġnien’ in the territory known as ‘Ta’ Patrik’ with access from Triq iż-Żerniq, Nadur, Gozo measuring approximately three hundred and eighty-nine square metres (389 sq.m) is fair and appropriate and that the same price and conditions should apply for the share pertaining to the respondent from these same properties, that is, one eighth undivided share, saving, as necessary, that the properties are valued by an architect and civil engineer. 

2. Authorise the sale of the property number seventeen (17) and eighteen (18) in Triq Grunju, Nadur, Gozo, at the price, other terms and conditions stipulated in the promise of sale dated 17th of December, 2019.

3. Authorise the sale of the portion of land in Triq il-Mitħna l-Qadima, Nadur, Gozo, corner with Triq Sant’Andrija, Nadur, Gozo at the price, other terms and conditions stipulated in the promise of sale dated 30th of November 2019.

4. Authorise the sale of the field known as ‘Il-Ġnien’ in the territory known as ‘Ta’ Patrik’ with access from Triq iż-Żerniq, Nadur, Gozo at the price, other terms and conditions stipulated in the promise of sale dated 30th of November, 2019.

5. Order the publication of the  relative deeds of sale even with regards to the share  pertaining to the respondent from the respective properties on a day, time and place to be set for such purpose and to appoint a Notary Public to publish the deeds of sale with the intervention of deputy curators to represent the eventual defaulters on those deeds. 

With all costs against the same respondent who is from now summoned on oath. 

The application is appointed for hearing of the 26th May, 2020, at 8.45 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals