Court Notices published in Govt. Gazette no 20,418 of 5th June 2020

By  means of a decree given by the Court of Appeal on the 12th March, 2020, in the records of the application in the names Chantelle Testa vs Shaun Cacopardo, Application 4/19, the following publication was ordered for the purpose of service of the respondent Chantelle Testa, in terms of Article 187(3) et sequitur of Cap. 12.

That by means of an Application, filed in the Court of Appeal on the 12th December, 2019, by Shaun Cacopardo (ID 235688M) in the records of the Appeal in the names Chantelle Testa vs Shaun Cacopardo, the applicant Shaun Cacopardo (ID 235688M) premised and asked:

1. That by means of a Sworn Application filed in the Civil Court (Family Section) on the 4th January, 2019, the respondent Chantelle Testa pleaded the following:

1. That from a relationship between the parties, on the 18th February, 2017, a girl was born with the name … omissis … who today at the age of one is still a minor.

2. The relationship between the parties has today completely finished.

3. Despite of the exhausting efforts of the applicant, the parties failed to reach agreement regarding their rights and obligations as regards the said minor.

That the respondent asked the said Honourable Court to declare and decide that the applicant is to be entrusted with the care and custody of the minor … omissis … and this in the supreme interest of the minor and uphold the other demands in the application.

… omissis …

That by means of a partial judgement given by the Honourable Civil Court (Family Section) on the 5th June, 2019, the Court of First Instance passed on for the reasons therein premised and rejected the first preliminary of the respondent appellant and thus ordered the continuation of the cause before it.

That the appellant felt aggrieved by that partial judgement given and thus passed so that in terms of Art. 231(1) of Cap. 12 of the Law of Malta asked the Court of First Instance to authorise him to appeal from that partial judgement on the 28th November, 2019, the Civil Court (Family Section) gave a decree regarding the application for authorisation to appeal.

That the grievance of the appellant is clear and manifest and consists of the following:

Grievance.

That in order that the Honourable First Court reached the conclusion that the preliminary plea of nullity (fuori termine) brought forward by the respondent appellant was unfounded, the appellant humbly points out that the said Court made a wrong appreciation of the law namely that Legal Notice 397/2003 -Subsidiary Legislation under Cap. 12 of the Laws of Malta, which regulates the procedure relative to the Civil Court (Family Section).

That whilst the Honourable First Court is correct when it states that in this case in question there occurred an irregularity in so far as there were given two different decrees by two different Judges, one on the 31st October, 2018 (AGV), and another on the 11th December, 2018 (JPG), and this at the mediation stage between the parties so that they can proceed with the opportune cause before the Court to regulate all the matters regarding their minor daughter … omissis …, the Court of First Instance was mistaken when it avoided the decree given during the sitting in the application filed in the records of mediation 1351/2017/3 in the names Chantelle Testa vs Shaun Cacopardo, on the 31st October, 2018, so that the parties can proceed to the lawsuit simply because the mediator or the Registrar was not informed of this decree and thus according to the Honourable First Court officially the mediation was not closed except when subsequently to the fact that on the 31st October, 2018, the Court had already seen that there was no possibility of agreement it ordered the closure of the mediation and authorised the parties to proceed with the cause.

… omissis …

That the appellant humbly points out that the decree given by the Honourable First Court differently presided of the 31st October, 2019, is the moment when officially the mediation was closed and the parties were officially authorised to proceed with the cause.

… omissis …

Thus the interpellant whilst referring to the  proof produced and that which can be produced according to law, humbly prays this Honourable Court to upohold this humble Appeal, change, vary and reform the partial judgement given by the Civil Court (Family Section) (Application Number 4/201( JPG) and this by uphgolding the preliminary plea of nullity brought by the respondent appellant in his sworn reply of the 7th February, 2019, and declare that the lawsuit of the respondent applicant, brought forward on the 4th January, 2019, is null because it was filed outside the time limit and thus dispose of the same lawsuit, with costs of both instances at the charge of the respondent applicant.

Respondent: Chantelle Testa, 143, Juniper Mews, Block A, Flat 2, Triq San Ġwann, Ħal Għargħur

This publication is being made today 2nd June, 2020.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 2nd of June, 2020 (Decree number 30/2020BS following application number 1/2020BS) Joseph Xerri, pensioner, son of the late John Xerri and Katerina nee Grima, born in Xewkija, Gozo, and residing in the Male Geriatric Ward in the Gozo General Hospital (Identity Card number 42646G) has been confirmed interdicted from all acts of civil life.

Mary Jane Aquilina, pensioner, wife of Carmelo Aquilina, daughter of John Xerri and Katerina nee Grima, born in Xewkija, Gozo, and residing in Nadur, Gozo (ID No. 29849G), has been nominated as his curatrix, by virtue of the said decree.

DORIANNE CORDINA

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 1st June, 2020, and this after a written plea numbered 320/2020, ordered:

The correction of the Act of Marriage bearing the number 2140 of the year 2019, and of the Acts of Birth bearing numbers 4454, 4456 and 4457 of the year 2019 by deleting the surname Tyurina wherever it appears and substituting it by the surname Tyurin.

Furthermore, the Court recommends that such corrections are reflected in all the other administrative Acts in relation to passports and other Maltese citizenship documents whenever deemed necessary.

Court of Revision of Notarial Acts, today, Wednesday, 3rd June, 2020

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 354/20/JVC) demanding the correction of the Act of Public Registry of Abeer Alagil No. 3161/2017 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

Notice Registry of the Civil Court, First Hall

Whereas Dr Kevin Dingli noe filed an application under oath (No. 355/20/JVC) demanding the correction of the Act of Public Registry of Trad Allohaidan No. 2397/2017 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 4th June, 2020, on the application of Galea Leanne (ID 79176M), Tuesday, 4th August, 2020, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Apartment numbered one (1) forming part of a block named “Mon Cheri", without number, in Triq L. Zamenhoff, Msida, situated on the first floor level, with common block access that abuts on the street and is the sole apartment in this floor, overlying and underlying third parties' property, including half undivided share of the common parts of the said block and the whole property of the washroom number one (1) on the roof of the said block, bounded on the  North and West by the said roof, and to the West by washroom number two (2) property of John Agius or his successors in title. The apartment is subject to annual and perpetual groundrent of fifteen Maltese liri (Lm15) equivalent to thirty-four euro and ninety-five cents (€34.95), as described and subject to all the conditions mentioned in the acts of Notary Dr Carmel Mangion dated 10th July, year two thousand (10/07/2000) and the block bounds by East with the said street, North and South with property of Alfred Dimech or his successors in title, or other correct boundaries, and is valued at two hundred and seventy-five thousand euro (€275,000).

The said tenement is the property of Camilleri Alfred (ID 81876M) and Camilleri Geraldine (ID 289980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 11/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 2nd June, 2020, following the application by urgency in the records of the Sworn Application in the names Sunia S. Bowerman vs Luke Bowerman, Application Number 273/18 JPG, the following publication was ordered for the service of the respondent Sunia S. Bowerman, 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 Sunia S. Bowerman (ID 143702L) vs Luke Bowerman (ID 0524885M) on the 28th April, 2020, the applicant Luke Bowerman respectfully pleaded:

That he is presently passing through proceedings for separation from his wife whereby he was granted right of access to the three minor children by means of a decree of the 21st November, 2018.

That such access limits the interpellant to see his children only at their mother's home.

That due to the situation resulting from the pandemic of Covid-19, his wife is not permitting him to go and see his children.

That the father has already presented an application regarding the variation of the modalities of access which application is appointed for hearing before this Honourable Court, however this hearing has now been put off due to the outbreak of Covid-19.

That on a different note the interpellant is facing serious financial problems when he is about to pay maintenance since at present due to the same pandemic he is not working and the salary was drastically reduced.

Thus for the reasons above premised he gently requests that this Honourable Court:

1. Orders that he has access to his children where ideally he is in their physical presence where this Honourable Court deems fit, but in default of this comunication with them as demanded in the application.

2. Orders that there is a substanial reduction of maintenance whilst the said pandemic still subsists and his work does not return to normal.

3. Orders that the same reduction in maintenance applies to the months from March 2020 till the date of presentation of this application, since the circumstances changed from that date.

Notify: Sunia S. Bowerman, Springield Court, Flat 4, Triq il-Qawra, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

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

Sworn Application number:  25/2020

Application in terms of Article 495A of the Civil Code

Francis Bonello, Carmen Bajada who appears both in her own name and on behalf of the absent Saviour sive Sam Bajada as authorized in virtue of a power of attorney attached to a deed in the records of Notary Enzo Refalo of 26th March, 2015, and of Maryanne Theuma wife of Joseph Theuma, authorised in virtue of a power of attorney attached to a deed in the records of Notary Enzo Refalo of the 26th March, 2015, as well as on behalf of the absent Charles Zammit residing in Detroit in the state of Michigan, United States of America, Fortun Zammit residing in Detroit in the state of Michigan, United States of America as well in the name of Carmen Refalo widow of Victor Bajada residing in Footscray, Victoria, Australia duly authorised in virtue of a power of attorney attached to a deed in the records of Notary Enzo Refalo of the 18th May, 2015, Maria Attard wife of Warren Attard, Emmanuel Bajada, Victor Bajada, Dolores sive Doris Formosa, Mary Bajada legally separated from John Formosa, Joseph Bajada, Carmel Bajada, Emmanuel Bajada, Salvina wife of Charles Theuma and Joseph Bajada, Lorenza Bajada (widow of Gorg Bajada, Michael Bajada, Salvina Barbara, Mary Rose Cassar, Carmel Bajada and Saviour Bajada

vs

Dolores sive Doris Bajada, Reverend Francis Bajada, Victor Bajada, Carmen Bajada, Margareth wife of Philip Azzopardi, Salvina wife of Carmel Abdilla, and Joseph Bajada

Sworn Application of Francis Bonello et

Respectfully submits and the said Francis Bonello confirms on oath:

1. Whereas by a private written agreement dated the fifth (5) May of the year two thousand and twenty (2020), the plaintiffs except the abovementioned Francis Bonello entered into a promise of sale agreement with the same Francis Bonello in virtue of which they promised and bound themselves to sell and transfer to the said buyer who bound himself to purchase and acquire sixth sevenths (6/7) of all the rights pertaining to the vendors on the house number seventy-two (72) in an alley leading to St Anthony Street, Xagħra, Gozo with the land attached to it of about one thousand two hundred and eleven square metres (1211 m2)  or other more accurate measurement which property is bound from the South in part by property of the purchaser and in part by property of unknown third parties, East by property of Karistu Gauci and from all other boundaries by unknown third parties, the whole free and unencumbered with its rights and appurtenances and with vacant possession according to a plan herewith attached and marked as Document A;

2. Whereas the applicants wish that the abovementioned immovable property is sold to Francis Bonello and for this purpose they declare that they think they have obtained and advantageous price;

3. Whereas in spite of this, the defendants are refusing to cooperate with the plaintiffs and give their consent for this sale;

4. Whereas therefore according to article 495A of Chapter 16 of the Laws of Malta there are all the elements to enable this Court to authorise this sale because the applicants together with the defendants are the co-owners of the immovable property to be sold; the property has been held in common for more than three (3) years; up till this day no one has as yet instituted in any Court of Law a lawsuit regarding the division of this property; the co-owners are not agreeing on the sale of this property; none of this the dissident co-owners will be gravely prejudiced in the eventuality that the court orders the sale of this property; and the agreed price is adjust and favourable one;

5. Whereas the plaintiffs know these facts personally and for this reason this court case became inevitable.

The defendants should show why this Court should not:

1. Order the publication of this sworn application in the Government Gazette and other local newspapers in terms of article 495A of the Chapter 16 of the Laws of Malta;

2. Order the notification of this application to all the defendants in terms of article 495A of Chapter 16 of the Laws of Malta;

3. Approve and authorise the proposed sale according to law;

4. Order the publication of the deed of sale which would include also the shares belonging to the defendants on the date, time and place that are appointed; and

5. Appoint a Notary Public in order to publish the deed of sale with the intervention of the curators to represent the eventual absentees on the deed.

With costs and with reference to the oath of the defendants.

The application is appointed for hearing for Wednesday, 14th October, 2020, at 9.45 a.m.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals