Court Notices published in Govt Gazette No 20,388 of 14 April 2020

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 21st February, 2020, following a request by Philip Farrugia et it was ordered that deputy curators be chosen to represent  the unknown owner or owners in the acts of the schedule of deposit number 323/2020 in the names Philip Farrugia 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 Philip Farrugia (ID 501665M) son of Nicholas and Maria Lourdes nee Camilleri, born in Ħaż-Żebbuġ on the 31st October, 1965, and Maria Farrugia (ID 396264M) daughter of Carmelo Borg and Crucifissa nee Cassar born in Ħal Qormi on the 8th July, 1964 vs deputy curators to represent the unknown owner or owners, filed on the 20th February, 2020, the applicants Philip and Maria spouses Farrugia respectfully submitted:

That the applicants are the owners of the premises that is the apartment internally marked number 3 forming part of a block with the name Shalom Flats in Triq Annetto Caruana, previously new road that abuts in Triq it-Turisti, Buġibba, limits of San Pawl il-Baħar, as better described in the site plan here attached and marked as Doc. PF1;

The applicants acquired the premises de quo from the power of John Bonavia and others by means of a contract of sale in the records of Notary Ann Fenech Adami, dated 26th September, 2000, a copy of which is here attached and marked as Doc. PF2;

That also the abovementioned property is subject to the annual and perpetual ground rent of Lm3.62 equivalent to €8.43;

That the applicants wish to avail themselves from the option given to them in terms of Article 1501 of the Civil Code and redeem the abovementioned ground rent;

That the applicants do not know to whom the ground rent is due and thus it is not being paid;

That together with this shedule of deposit the applicants are filing an application for the appointment of deputy curators to represent the interest of the unknown directors;

That the annual and perpetual ground rent of €8.43 capitalised at the rate of 5% amounts to €168.60;

That the applicants wish to pay the equivalent of five (5) years ground rent and that is the sum of €42.15 whilst for all intents are also paying the laudemium for the amount of €8.43.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €219.18 so that this amount may be freely withdrawn by the respondents after leaving the relative receipt.

Applicants: Philip and Maria spouses Farrugia, Flat 3, Shalom Flats, Triq Annetto Caruana, San Pawl il-Baħar

Notification: 

Deputy curators, Law Courts, Valletta

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. Mr Justice Joseph Zammit McKeon LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 20th November, 2019, of the Rent Regulation Board, in the records of the Application in the names Doris Cassar vs Catherine Georgina Buttigieg, Application Number 165/2019JD, the following publication was ordered for the purpose of effecting service on the respondent Catherine Georgina Buttigieg 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 Doris Cassar (ID 271462M) vs Catherine Georgina Buttigieg (ID 58484M) filed before the Rent Regulation Board on the 25th July, 2019, the applicant Doris Cassar requested with respect:

That the applicant is the owner of the premises number 85A, Triq l-Arkata, Paola, Malta, originally granted by the father of the applicant Joseph Galea (to whom the applicant is the heir) to a certain Yvonne Aqueros by temporary emphyteutical title for a period of 21 years starting from the 19th July, 1991, and then on the 13th September, 1997, this right and title was given to the respondent Catherine Georgina Buttigieg.

The emphyteutical concession ended in the year 2012, and at that point the emphyteusis was converted into a lease in terms of Article 12 of Chapter 158 of the Laws of Malta. Today the respondent pays the rent of €404.40 per year, payable in advance.

That without prejudice to any right of the applicant to contest the constitutional validity of the article in Chapter 158, they are filing this application in terms of article 12B so that a means test be made, and in case the respondent satisfies the critiera of the income and capital of the means test, then the rent is revised and new conditions regarding the same lease are established. It is being stated that this action is made without prejudice to any constitutional proceedings that the applicant may make to contest the costitutional validity of Articles 12 and 12B of Chapter 158 of the Laws of Malta, and to request pecuniary and non-pecuniary damages for any breach whether past, present and future and any other action, in respect of which any rights thereon are being retained.

Thus the respondent is to state whether this Honourable Board should not, subject to any declaration and/or order as may be necessary:

1. Order that the means test be carried out with respect to the respondent according to Article 12B(3)(iii) of Chapter 158 of the Laws of Malta, or that applicable on the date of the final judgement.

2. If the respondent does not satify the criteria of the income and capital means test, order the respondent to vacate from the premises de quo in a peremptory time, with compensation as stated in article 12B(4) of Chapter 158 of the Laws of Malta, or that applicable on the date of the final jugement.

3. If the respondent satisfies the criteria of income and capital of the means tests, order that the rent be revised and new conditions regarding the lease are established in terms of article 12B of Chapter 1578 of the Laws of Malta, or that applicable on the date of the final judgement.

With costs against the respondent, who is from now summoned so that a reference to her oath be made and without prejudice to any other constitutional action that may be taken by the applicant to contest the constitutional validity of Articles 12 and 12b of Chapter 158 of the Laws of Malta and to request pecuniary and non-pecuniary damages for any breach whether past, present and future and to any other right of action in respect of which all rights are being retained.

Plaintiff: Doris Cassar, 3, Nhojsirod, Triq l-Alfier de Medran, Ħal Tarxien

Respondent: Catherine Georgina Buttigieg, 85A, Triq l-Arkata, Paola

The application in the names Doris Cassar vs Catherine Georgina Buttigieg,  Application Number 165/2019JD, has been postponed for hearing to the 20th April, 2020, at 9.00 a.m.

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 March, 2020, following a request by Integritas Corporate Services Ltd it was ordered that deputy curators be chosen to represent deBlue Consulting Limited in the acts of the judicial letter number 848/2020 in the names Integritas Corporate Services Ltd vs Deputy Curators nomine et and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 9th March, 2020, Integritas Corporate Services Ltd (C 52395) of 114/3 The Strand, Gżira GZR 1027 against deputy curators to represent deBlue Consulting Limited of Morgan & Morgan Building, P.O. Box 958, Pasea Estate Road Town, Tortola VG1110, British Virgin Islands, and Janos Bodi of 4, Carob Lane, Triq Sir H Luke, Naxxar, Malta, Integritas Corporate Services Ltd (C 52395) formally solicits you to pay the sum of €3,502 representative of services rendered in terms of the Services Agreement dated 15th June, 2017, which was signed by both you and the applicant company, as results from the relative invoices herein attached and marked as Doc. A and Doc. B.

Despite having been previously solicited to pay the abovementioned sum on several occasions you remained in default.

Accordingly, the applicant company hereby formally solicits you to pay the sum of €3,502 within seven (7) days from the date of this letter. Should you fail to effect payment in terms of this letter, the applicant company shall proceed against you in accordance with the law, including through the issue of all warrants available to it by law, and this without any prior notification. For all intents and purposes, this letter shall interrupt any prescriptive period that may apply.

So that you may be guided accordingly.

With costs.

Interpellant: Integritas Trustees Ltd, 114/3 The Strand, Gżira GZR 1027

Respondents: Deputy curators

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

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

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta   

To the Marshall of the Court

By means of a decree given by this Court on the 5th March, 2020,  following a request of Victoria Pisani et it was ordered that deputy curators be chosen  to represent Maria Stella Micallef in the records of the Application number 189/2020MH, in the names Victoria Pisani et vs Deputy Curators and in the  other relative and subsequent acts.

By means of a Sworn Application filed in the First Hall Civil Court in the names Victoria Pisani (ID 931044M); Maria Dolores Camilleri (ID 141650M); Anna Maria Agius (ID 479955M); Mario Vella (ID 666152M); James Fenech (ID 183973M); Dorothy Fenech (ID 78868M) in her own name and for and on behalf of Salvina Agius (Australian Passport Number PA 6050871) absent from these Islands as duly authorised by means of a power of attorney dated 6th November, 2017 vs deputy curators to represent Maria Stella Micallef absent from these Islands, on the 28th February, 2020, the applicants Victoria Pisani (ID 931044M); Maria Dolores Camilleri (ID 141650M); Anna Maria Agius (ID 479955M); Mario Vella (ID 666152M); James Fenech (ID 183973M); Dorothy Fenech (ID 78868M) in her own name and for and on behalf of Salvina Agius (Australian Passport Number PA 6050871) absent from these Islands as duly authorised by means of a power of attorney dated 6th November, 2017,  requested with respect that:

The applicant together with the respondent are the co-owners of the house with official number 48, Triq il-Mosta, previously numbered 25, Triq San Ġwann, Naxxar with its free underneath and airspace free and unencumbered with its rights and appurtenances.

The applicants are the owners of thirteen parts of fourteen (13/14) undivided shares of the same house that was acquired by John Mary Vella during his marriage with Josephine nee Cachia.

The respondent is the owner of one part of fourteen (1/14) undivided shares of the said premises.

The respondent Maria Stella Micallef is the daughter from the first marriage of John Mary Micallef with his first wife Maria Maddalena Vella nee Spiteri who died before him.

The applicants Victoria Pisani, Maria Dolores Camilleri, Anna Maria Agius, Mario Vella and Salvina Agius are all children of the said John Mary Vella from his second marriage with Josephine Vella nee Cachia.

Josephine Vella died on the 28th February, 2010, whilst John Mary Vella died on the 26th June, 1969.

The applicants Dorothy and James brother and sister Fenech are children of the late Carmela Fenech nee Vella that was the daughter of the said John Mary Vella.

The house abovementioned was kept in common for more than three years and none of the owners took any action before a court or any tribunal for the division of the same house.

The applicants made a promise of sale dated 5th June, 2019 (attached Doc. VP1) for the sale of the said house for the price of €120,000, which sum for the quota of €111,428 belongs to the applicants whilst the remaining sum of €8,572 belongs to the respondent.

The applicants believe that this price is an advantageous one bringing in consideration the actual state of the said house and the respondent will not be prejudicated from this sale.

The respondent lives in Australia and the applicants do not know her residential address and do not make any contact with her.

The applicants were constrained to file this procedure.

Thus the applicants request with respect this Honourable Court, subject to all the opportune declarations and provisions:

1. To authorise the sale, for the value of the shares of the co-owners respectively, of the house with official number 48, Triq il-Mosta, previously numbered 25, Triq San Ġwann, Naxxar with its free and unencumbered airspace and underneath for the price of €120,000 according to the terms and conditions stipulated in the promise of sale dated 5th June, 2019 (attached Doc. VP1);

2. Fix a day time and place for the publication of the opportune notarial act of transfer;

3. Nominate Notary Dottor Nicolette Vella to publish the relative public act and nominate deputy curators to represent the respondent if she fails to appear in the final act and to make the necessary acts and formalities needed so that the said contract be made including any application with the Department of Revenue and to publish any declaration causa mortis needed on behalf of the respondent.

With costs

Applicants: 9, St Paul, Triq l-Imħalla, Naxxar     

Notify: Deputy curators

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

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

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit McKeon LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 2nd 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 Organisation and Civil Procedure.

Whereas by a decree dated the 2nd March, 2020, in the records of the schedule of deposit and redemption of groundrent number 46/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Victor Mercieca, pensioner, holder of identity card number 101645G versus Deputy Curators nominated to represent unknown third parties on the 27th February, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the schedule of deposit and redemption of groundrent abovementioned, as well as the other related and subsequent acts. The applicant respectfully submits:

That he is the proprietor of the house in Triq Bullara, Xagħra, Gozo, numbered one hundred and fifteen (115), sometimes also numbered seventy-eight (78) with an annexed backyard, bounded from the North with property of Maria Sultana, on the South with an alley that leads to Triq Bullara, on the East and West with property of George Mercieca, or more correct boundaries, measuring approximately one hundred and forty-six metres squared (146 msq), the house marked with the colour red on the plan attached as Document 'A', and the backyard marked with the colour red on the plan marked as Document 'B'.

That the said property, according to the contract in the records of Notary Francesco Gauci dated the twentieth (20th) of October of the year nineteen hundred and forty-two (1942), is subject to an annual and perpetual emphyteusis of one shilling and eight pence, equivalent to nineteen euro cents (€0.19c).

That it is not known who the dominus is, that is the person who should receive the groundrent.

That the applicant wishes to avail himself of the faculty afforded to him by Article 1501 of the Civil Code whereby he may redeem the groundrent, which when capitalised at the rate of five per cent (5%) amounts to three euro and eighty cents (€3.80c).

Therefore, the applicant is redeeming this groundrent and thereby absolving himself of all responsibility for the payment of the said groundrent. He is humbly calling upon this Honourable Court and under its authority is depositing the sum of three euro and eighty cents (€3.80c) representing the redemption of the groundrent as described above, which deposit can be freely withdrawn by whoever has such right on condition according to law after they tender due receipt.

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 (6) 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