Court Notices published in Govt. Gazette no 20,419 of 6th June 2020
Notice 652
652Notice Registry of the Civil Court, First Hall
Whereas Dr Kevin Dingli noe filed an application under oath (No. 359/20/JVC) demanding the correction of the Act of Public Registry of Noura Alagil No. 2398/2017 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 653
653Notice Registry of the Civil Court, First Hall
Whereas Dr Kevin Dingli noe filed an application under oath (No. 360/20/JVC) demanding the correction of the Act of Public Registry of Haya Allohaidan No. 2400/2017 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 654
654It 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 2nd June, 2020, and this after a written plea numbered 310/2020, ordered:
The correction of the Maltese Act of Births bearing the numbers 3627 of the year 2011, 2942 of the year 2017 and 194 of the year 2019 so that in the column “Names Given", indicating the names of the minors respectively, only the names “Anas", “Adam" and “Zeina" should be listed and all other words are to be deleted.
Court of Revision of Notarial Acts
MARUSKA BALDACCHINO
Deputy Registrar, Court of Revision of Notarial Acts
Notice 655
655By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2929/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Lingi Holdings Ltd, the following publication was ordered for the purpose of effecting service on the respondent company Lingi Holdings Ltd in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Lingi Holdings Ltd (C 3878) 63, Triq ir-Repubblika, Rabat, Gozo
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €5,438.35, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to Law regarding the bills number 101000140275 that is regarding the premises with address 79, Triq ir-Repubblika, Rabat, Gozo.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 656
656By means of a decree of the 5th February, 2020, of the Civil Court First Hall in the records of judicial letter number 3191/2019, in the names Commissioner for Revenue vs V12 Limited, the following publication for the purpose of service on the respondent company was ordered in terms of Article 187 (3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To V12 Limited (C 59655) of Triq l-Industrija (San Mark), Mdina Road, Qormi.
By the present the Commissioner for Revenue of Centre Point Building, Triq Ta' Paris, Birkirkara, calls upon you in terms of Articles 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €47,660.46 representing the amount due by you as Value Added Tax according to the same act.
With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.
This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the same Commissioner for Revenue has against you by means of the Notice sent to you.
In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune warrants.
So much so that you may know how to proceed and to regularise your position.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
657Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 5th June, 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 5th June, 2020, in the records of the schedule of deposit and redemption of groundrent number 81/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Teofilo sive Teo Mangion, self-employed, holder of identity card number 6276(G) together with his wife Simone Mangion, teacher, holder of identity card number 20283(G) versus deputy curator in order to represent the unknown persons owners of the directum dominium indicated below, filed on the 28th May, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:
That by virtue of a contract in the deeds of Notary Anna Maria Mizzi of the seventh (7) of December two thousand and nineteen (2019) the applicants acquired:
a) A portion of land known as “Ta Mewġ il-Baħar" in Marsalforn limits of Żebbuġ, Gozo with a surface area of approximately two hundred and sixty-two points five square metres (2,062.5 sqm) bounded on the Southeast by Triq Ħabel it-Twil, East with property of the families Laferla, Fenech Adami and Curmi, and other sides with unknown owners as better shown on the plan here annexed and marked Document A, as subject to an annual and perpetual groundrent of four euro and six and eighty cents (€ 4.86c);
b) A portion of land known as “Tal-Gandott" in Marsalforn limits of Żebbuġ, Gozo with a surface area of approximately seven hundred and thirty-five square metres (735m.k.) bordering on the North with an alley leading to Triq Ħabel it-Twil from which this land is accessible, West with property of Francesco Camilleri and East with property of Gaetana Cassar, or their successors in title as better shown on the plan attached hereto and marked Document B, as subject to an annual and perpetual groundrent of four euro and eighty-six cents (€4.86c).
That the applicants desire to avail themselves of the faculty conferred on them by Article 1501 of the Civil Code, and redeem this groundrent which capitalised by five per cent (5%) leads to the total sum of one hundred and two and ninety euro and forty cents (€192.40c).
That, however, the applicants do not know who the owners of this directum dominium are.
Accordingly in order to absolve themselves of all responsibility applicant address this Honorable Court and under its authority deposit:
a) the sum of ninety-seven euro and twenty cents (€97.20c) redemption of groundrent on the land “Ta' Mewġ il-Baħar" described above;
b) the sum of ninety-seven euro and twenty cents (€97.20c) redemption of groundrent on the land “Tal-Gandott" described above;
c) laudemium in the amount of four euro and eighty-six cents (€4.86c) on the land “Ta' Mewġ il-Baħar" described above;
d) the amount of four euro and eighty-six cents (€4.86c) laudemium “Tal-Gandott" described above
which total sum of two hundred and four euro and twelve cents (€204.12) can be freely taken by the respondent after a receipt is issued.
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.
DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals
Notice 658
658By decree given by the Civil Court, First Hall, on the 4th June, 2020, on the application of Bank of Valletta plc (C 2833), Thursday, 10th September, 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.
Maisonette, unnumbered and named 'Joe', in Triq it-Tiġrija, Marsa, subject to annual and perpetual groundrent of three euro and forty-nine cents (€3.49), with all its rights and appurtenances and vacant possession. The said maisonette is bounded on the East by property of John Camenzuli or his successors in title and on the South by property of John Bradshaw, valued at one hundred and sixty-one thousand, four hundred and fifty euro (€161,450).
The said tenement is the property of Hi-Timber Company Limited (C 9022).
N.B. The said tenement will be sold as described in the acts of file number 55/14.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 659
659By decree given by the Civil Court, First Hall on the 4th June, 2020, on the application of Dr Edward Debono noe, Thursday, 11th 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, Valletta of the following property.
a) Cave measuring approximately twenty-nine point forty-one square metres (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 metres (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 groundrents 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 groundrents 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 metres (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 groundrents 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 groundrents 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 groundrents 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 groundrents 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 groundrents 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 metres (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 groundrents 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 metres (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 groundrents 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 metres, and the caves measuring approximately twenty point seventy-one metre squared (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 groundrents 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 metres, 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 groundrent 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 metres, accessible from the main gate situated in Triq San Ġakbu. This portion of land bounded on the Southeast 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 groundrent 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 metres, 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 Southwest and Northeast by property herein described – indicated as property N and it is exempt for any groundrent 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 metres (30 m2) accessibly from a common pathway known as Triq tal-Karettun 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 groundrent 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 metres, 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 groundrent 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 cestern 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 metres (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 groundrents 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 cestern and room pump measures approximately of one thousand two hundred and thirty-seven point eight nine (1237.89m2) square metres, 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 from any groundrent 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 five point five four (156.54m2) square metres, 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 groundrent 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 eight hundred and ninety point five three (890.53m2) square metres, 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 groundrent 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 squares metres (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 groundrent 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 metres, 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 groundrent 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 metres, 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 groundrent 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 metres, 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 groundrent 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 eight hundred and fifty-three point thirteen (853.13m2) square metres, accessible from the main gate situated in Triq San Ġakbu, and leads to a lane through a passage on the right hand 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 groundrent 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 metres (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 Z and it is exempt for any groundrent 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
Notice 660
660By means of a decree of the 27th January, 2020, in the records of the judicial letter number 2403/19, in the names HSBC Bank Malta p.l.c. vs Eucharist Bajada, the First Hall of the Civil Courts ordered the following publication for the purpose of effecting service on Eucharist Bajada in terms of Article 187(3) of Chapter 12.
In the First Hall of the Civil Court
To Eucharist Bajada (ID 375069M) of Sylville, Triq Valletta, Mosta
By means of this present HSBC Bank Malta p.l.c. (C 3177) of 32, Triq il-Merkanti, Valletta:
Solicits you so that within two days from when you receive this letter you pay the amount of €28,428.86 representing as for the sum of €21,754.86, as the capital and as for the sum of €6,674.00 as interest that accrued on the capital till the 25th April, 2019, which amount is due on the Rescheduled Overdraft Account with number 016-260556-200 previously with number 027001536001 and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount;
Solicits you so that within two days from when you receive this letter you pay the amount of €31,606.12 representing as for the sum of €26,441.85, as the capital and as for the sum of €5,164.27 as interest that accrued on the capital till the 25th April, 2019, which amount is due on the account with number 027-011536-001, which amount was duly given to you by means of the Overdraft facility by the interpellant bank and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay; and
Solicits you so that within two days from when you receive this letter you pay the amount of €5,313.36 representing as for the sum of €4,208.05, as the capital and as for the sum of €1,105.31 as interest that accrued on the capital till the 25th April 2019, which amount is due on the account with number 027-011536-002 previously 027-001536-001, which amount was duly given to you by means of the Overdraft facility by the interpellant bank and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay; and
Solicits you so that within two days from when you receive this letter you pay the amount of €17,685.21 representing as for the sum of €14,006.24, as the capital and as for the sum of €3,678.97 as interest that accrued on the capital till the 25th April, 2019, which amount is due on the account with number 027-011536-341 previously 5522 0094 1014 6277, which amount was duly given to you by means of the Premier Credit Card facility, by the interpellant bank and accepted by you besides the interest from the 26th April 2019 till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay; and
Solicits you so that within two days from when you receive this letter you pay the amount of €4,915.55 representing as for the sum of €3,658.01, as the capital and as for the sum of €1,257.54 as interest that accrued on the capital till the 25th April, 2019, which amount is due on the account with number 027-001536-342 previously 4568 8240 7226 0754, which amount was duly given to you by means of the Visa Classic Card facility by the interpellant bank and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay; and
Solicits you so that within two days from when you receive this letter you pay the amount of €8,471.87 representing as for the sum of €6,709.51, as the capital and as for the sum of €1,762.36 as interest that accrued on the capital till the 25th April 2019, which amount is due on the account with number 027-011536-343 previously 4035 7100 3599 4958, which amount was duly given to you by means of the Visa Gold Card facility by the interpellant bank and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay; and
Solicits you so that within two days from when you receive this letter you pay the amount of €53.12 representing as for the sum of €52.12, as the capital and as for the sum of €1.00 as interest that accrued on the capital till the 25th April, 2019, which amount is due on the account with number 027-011536-001, which amount is Encroachment on the Current Account that was duly given to you by the interpellant bank and accepted by you besides the interest from the 26th April, 2019, till the date of this letter, together with further legal interest on the capital sum from the date of this letter till the date of effective payment, which amount remained unpaid notwithstanding several solicitations to pay.
To avoid useless Court costs, if the payment of the debt within the time given is not possible and you need more time for payment with monthly installments, you can admit your debt with the Bank by means a notarial act. In that case you are requested to inform the Bank and appoint a Notary within fifteen days from when you receive this letter.
This letter is being filed also to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).
In default further Court procedures will be taken against without further notice.
So much so that you may know how to regulate yourself.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 661
661By decree given by the Civil Court, First Hall on the 5th June, 2020, on the application of Josephine Cricchiola (ID 373164M), Wednesday, 12th August, 2020, at ten in the morning (10.00 a.m.) has been fixed for the sale by auction, to be held at number 4, Triq San Tumas, Fgura of the following vehicle seized from the property of John Farrugia (ID 125373M).
Vehicle of the make Proton Gem 2 with the registration number DBQ 035.
N.B. The said vehicle will be sold as described in the acts of judicial sale number 5/2020.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 662
662By means of a decree of the 4th October, 2019, of the Rent Regulation Board, in the records of the Application in the names Carmelo Micallef vs Antsat International Limited, Application Number 179/2019SG, the following publication was ordered for the purpose of effecting service on the respondent company Antsat International Limited 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 Carmelo Micallef (ID 342162M) vs Antsat International Limited (C 14060) filed before the Rent Regulation Board on the 9th August, 2019, the applicant Carmelo Micallef requested with respect and confirms on oath:
That the applicant is the owner of two garages holding numbers 36 and 39 in Triq Ċensu Decandia, Ħal Luqa, Malta.
These two garages were leased to the respondent company by the applicant more than 32 years ago, at the rent of Lm1,600 equivalent to €3,726.99 yearly, payable every three months.
The respondent company failed to pay the rent due for these two garages for the period from the 1st October, 2003, till this present day and that is 64 instalments of rent.
That till the present day the amount of rent arrears due by the respondent company to the applicant is the sum of €59,631.84.
It results that some years ago the respondent company made structural changes in the garages de quo and this without the consent of the owner and by means of this act the respondent company caused a considerable amount of damages in the said premises;
In addition, the garages de quo have been left closed for a long time and so the respondent company is not making any use of the premises for the reasons they were leased.
Thus the applicant wishes to be authorised to terminate the lease and resume the possession of the said two garages.
Although several solicitations were made, the respondent company failed to vacate.
As far as the applicant knows, the respondent company does not have any defences to bring against these requests.
Accordingly all the requirements in terms of Article 16A Chapter 69 of the Laws of Malta are fulfilled such that this Honourable Board can decide this application summarily without proceeding to trial.
Thus in view of the above, the applicant humbly requests this Honourable Board to:
1. Uphold the request so this application will be decide summarily without proceeding to trial according to article 16A of Chapter 69 of the Laws of Malta;
2. Declare the lease of the two premises and that is the two garages that hold number 36 and 39 in Triq Ċensu Decandia, Ħal Luqa between the applicant and the respondent company to be terminated;
3. Order the respondent company so that within a short and peremptory time fixed by this Honourable Board, it vacates from the premises that is the two garages with numbers 36 and 39 in Triq Ċensu Decandia, Ħal Luqa and return the keys and releases the same premises with their vacant possession in favour of the applicant.
4. Condemn the respondent company to pay the amount of €59,631.84 representing all the rent arrears due from the respondent company to the applicant.
With costs and with commercial interest against the respondent company who is from now summoned so that a reference to its oath be made.
Plaintiff: Carmelo Micallef, 18, Triq Mifsud Ellul, Ħal Qormi, Malta
Respondent Company: Antsat International Limited, Charlestel Ville, Triq l-Isfar, Marsaskala
The application in the names Carmelo Micallef vs Antsat International Limited, Application Number 179/2019SG, has been postponed for hearing to the 24th June, 2020, at 10.00 a.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 663
663By means of a decree of the 31st January, 2020, given by the Civil Court First Hall in the records of judicial letter number 3711/2019, in the names Registrar of Civil Courts and Tribunals vs Clint Zammit, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) Chapter 12.
In the First Hall of the Civil Court
To Clint Zammit of 192, Girasole Crt, Fl. 2, Triq il-Ferrovija l-Qadima, Ħal Balzan
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €650.00 due by you as Registry fees in connection with the law suit in the names:
Micallef Emanuel vs Zammit Clint (JA1 JRM, TM) - decided on the 12th July, 2019
You can also pay online by accessing the website (ecourts.gov.mt) and choosing the link “Ħallas id-Dritt tar-Reġistru tal-Qorti" (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance.
With costs.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 664
664By means of a decree given by the Court of Appeal on the 7th May, 2020, following an application of Alessio Speranza (ID 4481M) in the records of the Application in the names Maxine Camilleri (ID 51185M) vs Alessio Speranza (ID 4481M), Application Number 593/15/2, the following publication was ordered for the purpose of service of the said Maxine Camilleri (ID 51185M0 in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application presented in the Court of Appeal in the Application Number 593/2015/2, in the names Maxine Camilleri (ID 51185M) vs Alessio Speranza (ID 4481M) on the 19th February, 2019, the applicant Alessio Speranza (ID 4481M) respectfully pleaded:
1. That by means of a Sworn Application dated 17th June, 2015, the plaintiff premised the following:
1.1. That by means of a contract in the records of Notary Dr Sandro Schembri Adami, of the 8th May 2002, annexed Doc. MC1, the respondent purchased and acquired the premises flat internally marked 3, which is situated in the second floor in the middle between two other flats and situated forming part of a block which bears the name 'Evergreen' in Triq Pietru Xuereb, previously Saint Luke's Road, Gwardamanġa.
1.2. That at the moment of the contract of acquistion of the premises de quo mentioned and on the same day of the contract mentioned the parties who at that time had a relationship between them had agreed by a declaration on purpose made by the same partiers that the premises de quo was to belong to both.
… omissis …
1.4. That the interpellant called upon the respondent various times to come forward for the appropriate contract so that one half of the premises de quo be transferred in her name.
1.5. That in the meantime the relationship between the parties ended and thus this cause had to be made.
… omissis …
5.5. That the relationship betwen the parties ended in June 2015 and the respondent plaintiff proceeded with the present cause whereby she asked inter alia a declaration by the Honourable First Hall Civil Court that one half undivided of the property appetains to her.
The Grievances
6. That the grievances are clear and manifest and consist in the following:
6.1. The Court of First Instance did not take into consideration the contractual bond betwen the two parties and the remedy on which they agreed in the declaration made between the same paries.
6.2. The Court of First Instance made a wrong evaluation of the facts and tye law when it concluded that the declaration made between the parties evidenced a mandate given by ther respondent plaintiff to the defendant appellant to buy the property on behalf of the respondent plaintiff.
6.4. In every case the appellant should not bear the expenses of the cause.
… omissis …
7.27. That the Court of First Instance did not take into consideration when it came to link the declaration with the intention of the parties, the proof brought in these procedures which show that the obligations which were undertaken in regard to the proprety were all on the appellant.
… omissis …
8.1. That the Court of first Instance based its decision on the basis that the declaration annexed with the Sworn Declaration as Doc. MC2 shows a mandate given by the plaintiff to her fiance to buy the premises in part on her behalf.
8.2. That in fact the declaration in question is nothing but a declaration of a state of fact acknowledged by the parties that the appellant was to buy property and that the respondent was to live with him and consequently contribute to the costs.
8.3. That the Court of First Instances avoided the proof in support of this and namely that at no instance during the relationship between the parties was there an assumption of the obligation regarding the property by the respondent.
… omissis …
8.6. That from the proof it results that the respondent did not have financial means in order to buy the property as she did not work but depends exclusively on social benefits as a single unbmarried parent.
8.7. That it is established that a mandate should have as its purpose something which is legal, something which the mandatary himself could do.
8.12. That the Court of First Instance emphasised when it considered that pleaded by the appellant regarding the prestanome that the nullity of an obligation contracted by a minor can be raised only by the same minor or by the tutor, or his parent/her parent. Here the Court refers to Art 973 of the Civil Code that stipulates that the persons capable of contracting cannot plead the nullity of the contract due to the incapacity of those with whom they contracted.
… omissis …
8.14. That in the case de quo there do not subsist the elements of the mandate prestanome both from the aspect of facts as well as from the aspect of law.
8.15. That the Court of First Instance failed to consider that the contract for the acquistion of the property is not only a contract of acquisition but also a contract of loan from the bank and thus in case that the appellant is to be considered as prestanome of the respondent for the acquisition of the property he had to be considered as a prestanome for the loan.
9.1. That the respondent conveniently did not institute the cause in order that it be declared that she is a party in the contract of acquisition and of loan.
9.4. That thus if the Court of First Instance had to truly accept that the appellant was a prestanome for the respondent, the Court of First Instance had to declare this for the whole contract and not only for a part of the same contract, but the Court of First Instance could not do this because the respondent chose to limit her request to part of the contract and not all the contract.
… omissis …
Thus for the reasons above brought forward the appellant whilst referring to all the records of proceedings and reserves the right to bring other witnesses and further submissions permitted and at this stage according to law prays this Honourable Court of appeal to uphold this appeal by revoking, cancelling and annulling in whole the judgement given by the First Hall Civil Court in the names premised on the 31st January, 2019, and instead uphold all the grievances brought by the appellant and uphold all the pleas of the appellant.
With costs of both instances against the respondent.
Notify: Maxine Camilleri (ID 51185M), 79, Flat 1, Triq il-Punent, Valletta
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribnals
Notice 665
665By decree given by the Civil Court, First Hall on the 5th June, 2020, on the application of Debono Used Cars Limited (C 42589), Wednesday, 5th August, 2020, at ten in the morning (10.00 a.m.), has been fixed for the sale by auction to be held in number fifty-five (55), J&J Boatyard, Triq l-Għadmija, Mqabba of the following items seized from the property of Robert Attard (ID 586763M)
Vehicle of the make Lexus with the registration number BBZ 257.
N.B. The said vehicle will be sold as described in the acts of judicial sale number 7/2020.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Notice 666
666By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th May, 2020, Application number 473/2020 by Catherine Vella et whereby they requested that it will be declared open in favour of the Catherine Vella, Anthony Abela, Michael Abela, Andrew Abela, Nazzareno Abela, Teresa Galdes, Francesca Bondin, Rita Desira and Mary Zahra in the quota of one ninth (1/9) undivided share each one of them the succession of their brother Spiridione Abela, bachelor, son of the late Gio Maria Abela and Filomena Abela nee Brincat, born in Żejtun, Malta, and resided in Żejtun and died in Tal-Qroqq, Msida, Malta on the 21st November, 2017, aged 62, and who held identity card number 0140755M.
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
Notice 667
667By decree given by the Civil Court, First Hall on the 5th June, 2020, on the application of J. Zammit Limited (C 37945), Wednesday, 29th July, 2020, at ten in the morning (10.00 a.m.) has been fixed for the sale by auction to be held in Garage Number three (3), St James Court, Triq is-Sienja, Ħ'Attard of the following items seized from the property of Callaway Andrew John (ID 146467A) and Callaway Claire (Passaport No. 210534668).
Vehicle of the type Peugeot 207 silver in colour with Chassis Number VF3WEKFVC34345972
N.B. The said vehicle will be sold as described in the acts of judicial sale number 16/2019.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 668
668By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 4th June, 2019, Application number 937/2019 by Adeleide Callus, whereby following the application Joseph Callus, son of Antonio Callus and Eleonora Callus nee Zammit, born in Qrendi on the 24th October, 1940, and residing in Tas-Sliema, aged 78, holding identity card number 697940M, was interdicted from all the acts of civil life by means of a decree given on the 10th September, 2019.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 669
669By decree given by the Civil Court, First Hall on 5th June, 2020, on the application of Lawrence Falzon (ID 16760M), Wednesday, 22nd July, 2020, at ten in the morning (10.00 a.m.) has been fixed for the sale by auction to be held at garage A, Triq Kent, Fgura of the following items seized from the property of Emanuel Bonello (ID 24652M), Julian Bonello (ID 175163M), Pierre Bonello (ID 215667M) and Wembley Motors Limited (C 39033).
Vehicle of the make Mercedes black in colour with the registration number WGY 109 and vehicle of the make Mercedes silver in colour with the registration number WLY 117.
N.B. The said vehicles will be sold as described in the acts of judicial sales file number 8/2020.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
670Republic 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 of Anthony Ellul noe et it was ordered that deputy curators be chosen to represent the other unknown owners in the records of the Sworn Application 1115/2019MH, in the names Anthony Ellul noe 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 Anthony Ellul (ID 517159M) as special mandatory of the absent Kay Marion Farrugia (United Kingdom Passport number 538931416) and Polidano Properties Limited (C 21689) vs deputy curators to appear for the other unknown owners of:
a) A portion of a field in the limits of Birżebbuġa referred to as “Ta' Ċikakes" sometimes described as found in the limits of Żejtun measuring approximately 14,750 m2 bounded from the Northwest and the South with a path and from the West with the assets of Salvatore Diacono or other current boundaries;
b) A portion of a field referred to as “Ta' Ħabel Orland" in Triq Marsaxlokk, Marsaxlokk measuring approximately 2,500m2 free and unencumbered and bounded from the South with the same road, from the Northwest and the North in part with assets of the heirs of Giuseppe Muni and in part with the estate of the heirs of the Countess Rosina Apap Testaferrata or other current bounderies;
c) A portion of a field referred to as “Ta' Ħabel Orland" in the limits of Bir id-Deheb in Triq Marsaxlokk, in Marsaxlokk measuring approximately 31,875m2 free and unencumbered and bounded from the North with the road from the West with Triq Birżebbuġa and from the South with the assets of Rosina and Carmela sisters Borg, or their successors or other current bounderies;
d) A portion of field with a farmhouse without number and without name in it called “Ta' Ħabel Orland" in Triq Marsaxlokk, Marsaxlokk measuring approximately 1,200m2 which measurement includes the measurement of the road since the farmhouse and the garden are surrounded by a wall measuring approximately 720m2 free and unencumbered and bounded from the East with the said road, and from the Northwest and West with an alley or other current boundaries;
e) A portion of a field in Siġġiewi in the limits of “Ta' Ġebel iċ-Ċiantar" or else “Il-Fawwara" which field comprises five portions of adjacent pieces of land called “Il-Ġnien", “Il-Bajda", “It-Tafal", “It-Taksis" and the other one “il-Buġard" which adjacent pieces of land, including the farmhouse and the tower, measure approximately 47,800m2 and the entire property is bounded from the East and the South with the estate of the heirs of the Marquis Paolo Testaferrata, from the West with the half undivided share of the another portion of the same field property of Saura Attard and from the North in part with a path in a field and in part with property of the Żebbuġ, Malta, Parish Church or their successors or other current boundaries;
f) A portion of a field in Siġġiewi in the limits of “Ta' Ġebel Ciantar" called “L-Irdum ta' De Noto" sive “Ix-Xatt ta' De Noto" measuring approximately 34,844m2 and bounded from the East with the estate of the heirs of the Marquis Paolino Testaferrata, from the South with the beach, from the West with the estate of the heirs of the Marquis Raffaele Testaferrata and from the North in part with the estate of the heirs of the Marquis Raffaele Testaferrata and in part with the fields of “Ta' De Noto, or their successors or other current boundaries;
g) A portion of a field in the limits of “Ta' San Blas" limits of Ħaż-Żebbuġ, Malta, with two rural rooms measuring about 2,429m2 bounding from the South with the said road and from the North East and North West with government property or other current boundaries;
h) A portion of a field found in the limits of “Ta' San Blas" limits of Ħaż-Żebbuġ, Malta, with two rural rooms measuring approximately 3,510m2 bounded from the North with the said road, from the South East with Triq il-Buskett and from the West with a path, or other current boundaries;
i) A portion of a field known as “Ta'Milwa" sive “Tar-Ramel" limits of Ħaż-Żebbuġ, Malta measuring approximately 2,125m2 bounded from the North West with an alley and from North East and the South East with the estate of Luqa Briffa or his successors, or other current boundaries;
j) A portion of a field limits of San Pawl il-Baħar, in the limits of “Tal-Pwales" or “Tal-Miżieb" called “Il-Wilġa ta' Isfel tal-Imbordin" in Triq Għajn Tuffieħa sometimes described as found in the limits of Mellieħa in which there is a farm, without number measuring approximately 47,039m2 and bounded from the South East with the said road, from the North West with government property, from the South West with a path, from the North East in part with the estate of Lazzaro Sant Fournier, in part with the estate of the heirs of the Noble Orade Testaferrata Viani and in part with a path or their successors or other current boundaries;
k) A portion of field known as “Ta' Miżieb ir-Riħ" sive “Tal-Għolja" sive “Tal-Ġnien" limits of Marsaskala, and Żejtun measuring approximately 11,970m2 bounded from the South with the estate of the heirs of Lorenzo Galea, from the North West with “Ta' Slaz" Alley and from the East with the estate of Giuseppe Farrugia or his successors or other current boundaries;
l) A portion of a field in the limits of Swieqi, that is in the limits of San Ġiljan, known as “Ta' Xagħriet il-Għar" that is “Tat-Tuffieħ" in the limits of Wied Għomor in the limits of San Ġiljan, measuring approximately 5,145m2 bounded from the North West with an alley, from the North East with the estate of the heirs of Notary Calcedonio Gatt and from the South East with the valley “Ta' Wied Għomor" or their successors or other current boundaries;
m) A portion of a field known as “Tad-Dawl" in the limits of Ħaż-Żabbar, in the limits of “Ta' Ħabel ix-Xoqqa" measuring approximately 4,496m2 bounded from the North and from the North East with “Ta' Maretta" Alley and from the South East with the estate of Angelo Camilleri or his successors or other current boundaries;
n) A portion of field in the limits of Siġġiewi called “Tal-Girgenti" in the limits of an area having the same name measuring approximately 4,818m2 which field is bounded from the East and from the South with Ġnien tal-Girgenti, property of the Count Stagno and of the heirs of Emanuel Laferla, from the West in part with an alley and in part with the estate of Antonio Zammit and in part with the Estate of the Siġġiewi Parish Church and from the North with government property or its successors and in part with the said garden Tal-Girgenti, or other current boundaries;
o) A portion of a field in Triq San Lawrenz, limits of Kerċem, Gozo, known as “Ta' San Niklaw" that is “Tas-Seqer" with a room measuring approximately 6,005m2 and which is bounded from the West with Triq San Niklaw, from the North East with Triq San Lawrenz, and from the East with the estate of Maria Testaferrata or her successors or other current boundaries.
On the 19th November, 2019, the applicant Anthony Ellul (ID 517159) as special mandatory of the absent Kay Marion Farrugia (United Kingdom Passport number 538931416) and Polidano Properties Limited (C 21689) premised and Anthony Ellul (ID 517159M) confirmed on oath:
That the applicants jointly and indivisable between them own 862,549/1,266,720 undivided shares and that is about 68.09% as for the applicant Anthony Ellul nomine 459/1,120 undivided shares equivalent to 40.98% and as for the applicant Polidano Properties Limited 2,453/9,048 undivided shares equivalent to 27.11% of the following portions of land:
a) A portion of a field in the limits of Birżebbuġa referred to as “Ta' Ċikakes" sometimes described as found in the limits of Żejtun measuring approximately 14,750 m2 with a small guardroom in the same field without number and without name and another room without number and without a rural name, which portion of land is bounded from the Northwest and the South with a path and from the West with the assets of Salvatore Diacono or other current boundaries, otherwise free and unencumbered, as better described on the plan attached and marked as document A1 with the promise of sale that a copy of which is here attached with this application and marked as Document A;
b) A portion of a field referred to as “Ta' Ħabel Orland" in Triq Marsaxlokk, Marsaxlokk measuring approximately 2,500m2 free and unencumbered and is bounded from the South with the said road, from the North West and the North with part of the assets of the heirs of Giuseppe Muni and in part with the estate of the heirs of the Countess Rosina Apap Testaferrata or other current bounderies, as better shown on the attached plan marked as Document IJK with the promise of sale a copy of which is here attached with this application and marked as document A;
c) A portion of a field referred to as “Ta' Ħabel Orland" in the limits of Bir id-Deheb in Triq Marsaxlokk, in Marsaxlokk measuring approximately 31,875m2 free and unencumbered and is bounded from the North with the road from the West with Triq Birżebbuġa and from the South with the assets of Rosina and Carmela sisters Borg, or their successors or other current bounderies as better shown on the plan attached and marked document IJK with the promise of sale here attached with this application and marked as Document A;
d) A portion of a field with a farmhouse without number and without name in it called “Ta' Ħabel Orland" in Triq Marsaxlokk, Marsaxlokk measuring approximately 1,200m2 which measurement includes the measurement of the road since the farmhouse and the garden are surrounded by a wall measuring approximately 720m2 free and unencumbered and is bounded from the East with the said road, and from the North West and West with an alley or other current boundaries, and better shown on the plan here attached and marked as Document IJK with the promise of sale here attached with this application and marked as Document A;
e) A portion of a field in Siġġiewi in the limits of “Ta' Ġebel iċ-Ciantar" or else “Il-Fawwara" which field comprises five portions of adjacent pieces of land called “Il-Ġnien", “Il-Bajda", “It-Tafal", “It-Taksis" and the other one “Il-Buġard" which adjacent pieces of land include the farmhouse and the tower, measuring approximately 47,800m2 and the entire property is bounded from the East and the South width the estate of the heirs of the Marquis Paolo Testaferrata, from the West with the half undivided share of the another portion of the same field property of Saura Attard and from the North in part with a path in a field and in part with property of the Ħaż-Żebbuġ, Malta Parish Church or their successors or other current boundaries as better shown on the plan attached and marked as document E with the promise of sale a copy of which is attached with this application and marked as Document A;
f) A portion of a field in Siġġiewi in the limits of “Ta' Ġebel Ciantar" called “L-Irdum ta' De Noto" sive “Ix-Xatt ta' De Noto" measuring approximately 34,844m2 and bounded from the East with the estate of the heirs of the Marquis Paolino Testaferrata, from the South with the shore, from the West with the estate of the heirs of the Marquis Raffaele Testaferrata and from the North in part with the estate of the heirs of the Marquis Raffaele Testaferrata and in part with the fields of “Ta' De Noto, or their successors or other current boundaries as better shown on the attached plance marked as document L with the promise of sale a copy of which is attached with this application and marked as document A;
g) A portion of a field in the limits of “Ta' San Blas" limits of Ħaż-Żebbuġ Malta, with two rural rooms measuring approximatley 2,429m2 bounded from the South with the said road and from the North East and North West with government property and the rest free and unencumbered or other current boundaries as better shown on the attached plan marked as document BC1 in the promise of sale a copy of which is attached with this application and marked as document A;
h) A portion of a field found in the limits of “Ta' San Blas" limits of Ħaż-Żebbuġ, Malta, with two rural rooms which field measures approximately 3,510m2 free and unencumbered and is bounded from the North with the said road, from the South East with Triq il-Buskett and from the West with a path, or other current boundaries as better shown on the attached plan and marked as document BC2 with the promise of sale a copy of which is attached with this application and marked as Doc A;
i) A portion of a field known as “Ta' Milwa" sive “Tar-Ramel" limits of Ħaż-Żebbuġ, Malta with the right of way from the outer portion of field and with the right to use of the groundfloor room in the same outer portion of field subject to servitue of the passage in favour of third party fields measuring approximately 2,125m2 bounded from the North West with an alley and from the North East and the South East with the estate of Luqa Briffa or his successors, otherwise free and unencumbered or other current boundaries as better shown on the attached plan and marked as Document D with the promise of sale a copy of which is attached with this application and marked as Document A;
j) A portion of a field limits of San Pawl il-Baħar, in the area known as “Tal-Pwales" or “Tal-Miżieb" called “Il-Wilġa ta' Isfel tal-Imbordin" in Triq Għajn Tuffieħa sometimes described as found in the limits of Mellieħa with a borehole and a small reservoir in the same field, from which other owners of the same field has the right of use and in which there is a farm, without number that is found on the upper part of the same field measuring approximately 47,039m2 and bounded from the South East with the said road, from the North West with government property, from the South West with a path, from the North East in part with the estate of Lazzaro Sant Fournier, in part with the estate of the heirs of the Noble Orade Testaferrata Viani and in part with a path or their successors or other current boundaries as better shown on the attached plan and marked as Document F with the promise of sale a copy of which is attached with this application and marked as Document A;
k) A portion of field known as “Ta' Miżieb ir-Riħ" sive “Tal-Għolja" sive “Tal-Ġnien" limits of Marsaskala, and Żejtun measuring approximately 11,970m2 bounded from the South with the estate of the heirs of Lorenzo Galea, from the North West with “Ta' Slaz" Alley and from the East with the estate of Giuseppe Farrugia or his successors or other current boundaries as better shown on the attached plan and marked as Document G with the promise of sale a copy of which is attached with this application and marked as Document A;
l) A portion of a field in the limits of Swieqi, that is in the limits of San Ġiljan, known as “Ta' Xagħriet il-Għar" that is “Tat-Tuffieħ" in the limits of Wied Għomor in the limits of San Ġiljan, measuring approximately 5,145m2 bounded from the North West with an alley, from the North East with the estate of the heirs of Notary Calcedonio Gatt and from the South East with the valley “Ta' Wied Għomor" or their successors or other current boundaries as better shown on the attached plan and marked as Document H with the promise of sale a copy of which is attached with this application and marked as Doc. A;
m) A portion of a field known as “Tad-Dawl" in the limits of Ħaż-Żabbar, in the limits of “Ta' Ħabel ix-Xoqqa" measuring approximately 4,496m2 bounded from the North and from the North East with “Ta' Maretta" Alley and from the South East with the estate of Angelo Camilleri or his successors or other current boundaries as better shown on the attached plan and marked as document V with the promise of sale a copy of which is attached with this application and marked as Document A;
n) A portion of field in the limits of Siġġiewi called “Tal-Girgenti" in the limits of an area having the same name measuring approximately 4,818m2 which field is bounded from the East and from the South with Ġnien tal-Girgenti, property of the Count Stagno and of the heirs of Emanuel Laferla, from the West in part with an alley and in part with the estate of Antonio Zammit and in part with the Estate of the Siġġiewi Parish Church and from the North with government property or their successors and in part with the said garden Tal-Girgenti, or other current boundaries as shown on the attached plan marked as Document W with the promise of sale a copy of which is attached with this application and marked as Document A.
And also the applicants jointly and indivisibly between them own 47,207/70,560 undivided shares that is 66.90%, that is as for the applicant Anthony Ellul nomine 459/1,120 undivided shares equivalent to 40.98% and as for the applicant Polidano Properties Limited 1,829/7,056 undivided shares that is 25.92% of the following portion of land:
a) A portion of a field in Triq San Lawrenz, in the limits of Kerċem, Gozo, known as “Ta' San Niklaw" that is “Tas-Seqer" with a room in it measuring approximately 6,005m2 and which is bounded from the West with Triq San Niklaw, from the North East with Triq San Lawrenz, and from the East with the estate of Maria Testaferrata or her successors or other current boundaries as better shown on the attached plan marked as Document NKG with the promise of sale a copy of which is attached with this application and marked as Document A.
The immovables mentioned above are all leased to third parties and unless otherwise indicated, the said properties are unnumbered.
The remaining share of the abovementioned immovables is owned by third parties who are unknown to the applicants.
The immovables abovementioned have been retained in common between the parties in this procedure and their authors in title for more than three years.
In fact the immovables abovementioned were assigned to the heirs of Federico Testaferrata de Noto (predecessor of the applicants and the remaining unknown owners) pursuant to a deed of division dated 26th November, 1924, in the acts of Notary Giovanni Mifsud, Doc. C.
Consequently, with respect to the the share of the applicant Anthony Ellul noe from the immovables abovementioned, this was passed on to him from his mandatary as stated and indicated in the statement here attached and marked as Document D.
With respect to the other applicant Polidano Properties Limited, it has acquired its share of the immovables by means of several deeds indicated in the statement here attached and marked as Document E.
Till today none of the co-owners has filed a judicial action to divide the property held in common between them.
The applicants found the sale of the immovables abovementioned at the price and subject to all the conditions of the promise of sale here attached and marked as Document A as subsequently amended by means of a private writing here attached and marked as Document B.
The shares of the parties, the price of the sale agreed and the conditions under which the immovables are being sold results from the attached promise of sale dated 14th May, 2019 (Doc. A) as subsequently amended by another private writing dated 13th June, 2019 (Doc. B).
For the purposes of Article 495A(2) of the Civil Code, the applicants are attaching with this application (i) their declaration that they agree that the sale will be made in terms of the said promise of sale (Doc. X) and (ii) a statement that shows the number and the value of the shares each one has (Doc. Y).
The respondents will not be prejudiced if this Honourable Court authorises the sale of the said immovables above mentioned at the price and subject to all the conditions stipulated in the promise of sale above mentioned as amended.
In order for this sale of the entirety of the immovables above described to take place, the applicants are relying on Article 495A of Cap. 16 of the Laws of Malta to request that the sale is approved.
Thus the applicants, in view of the above, request with respect this Honourable Court to:
1. Authorise the sale of the immovables described above held in common, at the price and subject to all the other terms and conditions as stipulated in the promise of sale dated 14 May, 2019 (Doc. A) as subsequently amended by another private writing dated 13th June, 2019 (Doc. B).
2. Establish a day, time and place so that the sale and transfer of the immovable property held in common as abovementioned is made.
3. Nominate Notary Doctor Roland Wadge in front of whom the promise of sale was made so that he can publish the final deed of sale of the immovable property held in common as above described.
4. Nominate deputy curators to represent the interest of the unknown onwers befor the nominated notary for the final contract of transfer.
5. Order and authorise that the share of the respondents from the sale of the properties de quo will be deposited under the authority of this Honourable Court by the deputy curators within a short and peremptory time to them fixed by this Honourable Court after the reduction of the taxes and all the costs due by the said repsondents.
6. Saving any other condition that this Honourable Court may deem fit and opportune in the circumstances.
With costs against the respondents who are from now summoned so that a reference to their oath be made.
Applicants: Anthony Ellul noe, 83 Andromeda Flat 1, Triq Antonio Muscat Fenech, Ħal Qormi
Polidano Properties Limited, Triq Ħal Farruġ, Ħal Luqa
Notification: Deputy curators to represent the unknown owners of the immovables mentioned in the application.
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. Madam, Justice Miriam Hayman LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 671
671By decree given by the First Hall, Civil Courts on the 5th June, 2020, on the application of Bank of Valletta plc (C 2833), Tuesday, 4th August, 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 il-Konti Ruġġieru, Rabat, Malta built on two floors above street level while completely below street level there is an underground 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
Notice 672
672By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 31st July, 2019, Application number 1310/2019 by Elizabeth Lofaro and Filippa Falzon, whereby following the application Mario Falzon holding identity card number 61951M was interdicted from all the acts of civil life by means of a decree given on the 10th September, 2019.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 673
673By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 2nd September, 2019, Application number 1538/2019 by Doreen Attard, whereby following the application Maria Farrugia, daughter of Abraham Farrugia and Ineż nee Cassar, born in Tal-Pietà on the 14th August, 1962, and residing in Tal-Pietà, aged 57 and holding identity card number 610262M, was interdicted from all the acts of civil life by means of a decree given on the 12th September, 2019.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 674
674By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th January, 2019, Application number 150/2019 by Concetta Gauci, whereby following the application Francis Gauci, husband of Concetta Gauci, son of the late Vincent Gauci and Victoria nee Xuereb, born in San Pawl il-Baħar on the 6th April, 1948, and residing in San Pawl il-Baħar, aged 71, holding identity card number 349248M, was interdicted from all the acts of civil life by means of a decree given on the 2nd September, 2019.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 675
675By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th April, 2019, Application number 597/2019 by Maria Carmela Grech, whereby following the application Sebastjana Grech, widow of Alfred Grech, daughter of the late Massimo Cassar and Marianna nee Sant, born in Ħal Qormi, Malta, on the 8th March, 1937, and residing in Ħal Qormi, aged 82, holding identity card number 241937M, was interdicted from all the acts of civil life by means of a decree given on the 30th December, 2019.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 676
676By decree given by the Civil Court, First Hall, on the 5th June, 2020, on the application of APS Bank plc (C 2192), Tuesday 28th July, 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 house officially numbered thirteen (13) in Triq Guliermu, Bormla (Cospicua) including its overlying airspace but excluding the airspace overlying the room marked in green on the plan annexed to the deed in the acts of Notary Doctor Pierre Falzon dated twenty-eighth of February, two thousand and eight (28.02.2008), free and unencumbered with all its rights and appurtenances valued at one hundred and thirty-one thousand and six hundred euro (€131,600).
The said tenement is the property of Alessio Muscat (ID 200785M) and by decree of 16th February, 2017, Dr Josette Sultana and Liliana Buhagiar LP had been nominated for the absent.
N.B. The said tenement will be sold as described in the acts of judicial sales number 22/2018.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals
Bann for Curators
677Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 17th May, 2020, following a request of Merkanti Bank Limited et it was ordered that deputy curators be chosen to represent the respondent company LTC Pharma (Int.) Ltd in the records of the Sworn Application 266/2020JZM, in the names Merkanti Bank Limited et vs Raiffeisen Bank International AG 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 Merkanti Bank Limited (C 31608); Merkanti Holding plc (C 70823) and Scully Royalty Ltd a foreign company incorporated under the laws of the Cayman Islands, with registration number HS323455 and with its registered office at Harneys Services (Cayman) Limited, 4th Floor, Harbour Place, 103, South Church Street, P.O. Box 10230, Grand Cayman KY-1002, Cayman Islands as duly represented by its special attorney Martin Jack Ware (ID 227382A) residing at Le Rocher, Triq is-Slielem, Madliena, Swieqi, Malta vs (i) Raiffeisen Bank International Ag, a foreign company incorporated under the laws of Austria with its registered office at AM Stadtpark 9, 1030 Vienna, Austria and curators ad litem to be nominated to represent LTC Pharma (Int.) Ltd, a foreign company incorporated under the laws of the Marshall Islands, with company registration number 91914 and with its registered office at c/o Trust Compny Complex, Ajeltake Road, Ajeltake Island, Majuro MH 96960, Marshall Islands, filed on the 6th May 2020, Merkanti Bank Limited (C 31608); Merkanti Holding plc (C 70823) and Scully Royalty Ltd a foreign company incorporated under the laws of the Cayman Islands, with registration number HS323455 and with its registered noffice at Harneys Services (Cayman) Limited, 4th Floor, Harbour Place, 103, South Church Street, P.O. Box 10230, Grand Cayman KY-1002, Cayman Islands as duly represented by its special attorney Martin Jack Ware (ID 227382A) residing at Le Rocher, Triq is-Slielem, Madliena, Swieqi, Malta humbly submit and Martin Jack Ware (ID 227382A) in his capacity as duly authorized special attorney for the foreign company Scully Royalty Ltd confirms on oath the following:
1. That the first claimant Merkanti Bank Limited is a private limited liability company incorporated under the laws of Malta and it is licensed to operate as a credit insitution by the Malta Financial Services Authority (see attached to this sworn application and marked as Document MFC1). The first claimant Merkanti Bank Limited is authorised to passport its services as a credit institution in Austria (see attached to this sworn application and marked as Document MFC2).
2. That the first claimant Merkanti Bank Limited is jointly owned by the second claimant Merkanti Holding plc, a public limited liability company incorporated under the laws of Malta, which holds 9,999,999 Ordinary Shares of €1 each, and by the third claimant Scully Royalty Ltd, a foreign company incorporated under the laws of the Cayman Islands (Scully Royalty) which holds 1 Ordinary Share of €1. This is evident from the records of the first claimant Merkanti Bank Limited at the Malta Business Registry (see attached to this sworn application and marked as Document MFC3).
3. That the claimant Merkanti Holding plc in turn is jointly owned by the third claimant Scully Royalty which holds 49,999,999 Ordinary A Shares of €1 each and by MFC 2017 II Ltd, a foreign company incorporated under the laws of the Cayman Islands, which holds 1 Ordinary B Share of €1. This is evident from the records of the second claimant Merkant Holding plc at the Malta Business Registry (see attached to this sworn application and marked as Document MFC4).
4. That, until 9th March, 2018, the 49,999,999 Ordinary A Shares in the claimant Merkanti Holding plc were owned by the respondent LTC Pharma (Int.) Ltd (at the time named 0778539 B.C. Ltd). The claimant Scully Royalty acquired these shares from the respondent LTC Pharma (Int.) Ltd only after a Share Sale and Purchase Agreement dated 23rd August, 2017, it was only concluded on 9th March, 2018, after all conditions precedent were satisfied and the parties closed the transaction.
5. That the first respondent Raiffeisen Bank International AG “Raiffeisen") has brought judicial proceedings before the Grand Court of the Cayman Islands (Financial Services Division) with Cause No. FSD162 of 2019 (RPJ) in the following names Raiffeisen Bank International AG v Scully Royalty Ltd and others (the Cayman Proceedings).
6. That the second claimant Merkanti Holding plc was named as a defendant in the Cayman Proceedings, though it has neither been served nor has it submitted to the jurisdiction of the Grand Court of the Cayman Islands.
7. That in the Cayman Proceedings the respondent Raiffeisen is attempting to rely on Cayman law to challenge a number of perfectly lawful transactions concluded at arm's length and for consideration by putting forward the spurious and vexatious claim that these transactions were concluded with an intent to defraud and at an undervalue.
8. That while the first respondent Raiffeisen has identified a number of transactions which in its view, ought to be set aside, the claimants are particularly concerned that the following transaction is the subject matter of the Cayman Proceedings:
On 9th March, 2018, the Second Defendant (LTC Pharma (Int.) Ltd) disposed of 49,999,999 Ordinary Shares in Merkanti Holding plc to the first Defendant (Scully Royalty Ltd).
9. That the claimants find it disconcerting that this transaction, which directly impacts the first claimant Merkanti Bank Limited since it relates exclusively to its ownership, is being challenged on the basis of a foreign law which is unconnected to:
a) Malta, being the country of the law governing the abovementioned Share Sale and Purchase Agreement; or
b) Austria, being the country of the law purportedly governing the alleged security granted to the respondent Raiffeisen.
And therefore unfamiliar to, and bears no connection with, the claimants. Moreover, this transaction is being challenged in a jurisdiction thousands of kilometers away from Malta before a Court which does not have jurisdiction to hear any claim against the first claimant or the second claimant.
10. That, as a matter of fact, this transaction is lawful, conducted at arms lenght and for consideration, and, more importantly, was not conducted with any intent to defraud any creditor – be it the respondent Raiffeisen or otherwise. The transaction relates exclusivey to shares in a limited liability company incorporated under the laws of Malta and it is expressly governed by Maltese law by way of agreement, and therefore, the transaction bears no real or substantive connection to the Cayman Islands. This shall be proven in detail during these judicial proceedings.
11. That the transaction identified by the respondent Raiffeisen in the Cayman Proceedings concerned the change in the ownership structure of the claimant Merkanti Bank Limited, a licensed credit insitution, and for the reason, the proposed change was not only vetted and approved by the Malta Financial Services Authority, but also by the European Central Bank. For this reason, amongst other reasons brought further above and other reasons which will be brought during these judicial proceedings, the respondent Raiffeisen's attempt to set aside that transaction simply cannot be put forward and rather any such attempt puts in peril the claimant Merkanti Bank Limited's regulatory status.
This cannot in any way depend on the outcome of these foreign proceedings in a jurisdiction to which the claimants never submitted.
12. That in view of the above and for other reasons which may be brought during these proceedings, it is in the interest of the claimants to see that there is a judicial pronouncement which confirms that this transaction is lawful and was not carried out to defraud any creditor, and moreover, that the claimants are in no way liable towards the respondent Raiffeisen.
Therefore, the claimants hereby humbly demand this Honourable Court, save for any declaration, order or decree it deems fit and opportune:
a) To declare and decide that the sale of 49,999,999 Ordinary A Shares of €1 each in the claimant Merkanti Holding p.l.c. by the respondent LTC Pharma (Int.) Ltd to the claimant Scully Royalty which was concluded on 9th March, 2018 (the Transaction) is lawful and was not carried out with intent to defraud creditors;
b) To declare and decide that the Transaction should not be impeached, and consequently, to declare and decide that the 49,999,999 Ordinary A Shres in the claimant Merkanti Holding plc are the property of its rightful owner, the claimant Scully Royalty;
c) To declare and decide that none of the claimants have acted illegally, in bad faith or with fraud vis-a-vis the transaction, and consequently, declare and decide that the claimants are not liable to any damages claimed by the respondent Raiffeisen.
With costs.
Applicant:
Merkanti Bank Limited, Aragon House Business Centre, Triq id-Dragonara, San Ġiljan
Merkanti Holding plc, Aragon House Business Centre, Triq id-Dragonara, San Ġiljan STJ 2140, Malta
Scully Royalty Ltd, Martin Jack Ware (KI 227382A) ta' Le Rocher, Triq is-Slielem, Madliena, Swieqi, Malta
Notification: Raiffeisen Bank International AG, AM Stadtpark 9, 1030 Vienna, l-Awstrija
Deputaty curators
The Sworn application in the names Merkanti Bank Limited et vs Raiffeisen Bank International et, Application Number 266/2020JZM has been postponed for hearing to the 9th July, 2020, at 9.15 a.m.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you should encounter any difficulty in th execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Madam Justice Miriam Hayman LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 678
678By means of a decree given by the Civil Court First Hall, as presided in this cause, on the 27th May, 2020, Sworn Application in the names Palmier Shawn et vs Bonello Mark, Application Number 163/2020 MCH, the following publication was ordered for the purpose of service of the respondent Mark Bonello, in terms of Article 187(3) et sequitur of Cap. 12.
By means of a Sworn Application filed in the Civil Court First Hall, in the names 1. Shawn Palmier (ID 388990M) 2. Lee Palmier (ID 441495M) 3. Lawrence Pulis (ID 382371M) 4. Paul Pulis (ID 60075M) 5. Domenic Saverio Pulis (ID 116669M) 6. Maria Pulis (ID 54844M) 7. Tereża Bonello (ID 0129240M) 8. Carmel Azzopardi (ID 871950M) 9. Efurasia Azzopardi (ID 252456M) vs 1. Mark Bonello (ID 138983M) on the 24th February, 2020, the applicant Shawn Palmier (ID 388990M) et premised and asked:
That this cause relates to an undivided portion of land where the tenement with the first and second floor with number 22, Triq it-Tabib Robert Naudi, previously number 61, Triq il-Ġdida, Msida, is situated.
That according to the searches made the applicants are the owners of the said land in the share of 87.5% as stated in the application.
That thus the applicants are not the owners of the property in its entirety and this since the remaining share of 12.5% belongs to the defendant Mark Bonello as stated in the application.
That thus the same applicants are through the present procedure availing themselves of Article 495A of Cap. 16 of the Laws of Malta in order that there be authorised the sale in question as demanded in this application.
With costs.
The Sworn Application in the names Palmier Shawn et vs Bonello Mark, Application 163/2020 MCH, is appointed for hearing on the 22nd June, 2020, at 8.45 a.m.
Notify respondent: Flat 7, Ent. A, Binja Vista, Triq il-Ġummar, Birkirkara
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 679
679By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 18th January, 2019, Application number 102/2019 by Claire Vassallo, whereby Maria Assunta Vassallo, holding identity card number 0247253M, was incapacitated by means of a decree given on the 10th September, 2019, under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 680
680By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 9th January, 2020, Application number 19/2020 by Maria Carmela sive Marlene Ferrante, Rose Anne Lucia and Concetta sive Connie Brincat, whereby following the application Inez sive Ines Vella, wife of the late Joseph Mary Vella, daughter of Salvatore Bonello and Rachele nee Vella, born in Cospicua, Malta on the 18th November, 1920, and residing in Tas-Sliema, aged 99, holding identity card number 701920M, was interdicted from all the acts of civil life by means of a decree given on the 16th January, 2020.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 681
681By decree given by the Civil Court, First Hall on the 8th June, 2020, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 4th August, 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 commom 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
Notice 682
682By decree given by the Civil Court, First Hall on the 8th June, 2020, on the application of DeBono Edward Dr (ID 592758M) noe, Tuesday, 11th August, 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.
Villa named 'Is-Sienja' formely named 'Casa Sant Manduca', without official number, in Triq Ras il-Wardija formerly known as Triq San Ġorġ in Wardija, limits of San Pawl il-Baħar together with the adjacent lands which form an integral part of it with approximate measurement of fifteen thousand and eight hundred metres squared (15,800 sqm). The said villa and the adjacent lands are bounded on the North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at thirteen million and six hundred thousand euro (€13,600,000).
The said tenement is the property of T.A.M. Holdings Limited (C 45710).
N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2017.
GAETANA AQUILINA
For the Registrar, Civil Courts and Tribunals
Notice 683
683By decree given by the Civil Court, First Hall on the 8th June, 2020, on the application of Ann Marie Ciantar (ID 42541A) et, Tuesday 20th October, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held at room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following properties:
Half undivided maisonette numbered 125 on the first floor with its own airspace in Triq Annibale Preca, Ħal Lija and garage numbered 15, which forms part of a complex of garages, accessible from an unnamed street, which leads to Triq Annibale Preca, Ħal Lija. The property has a servitude and is valued at thirty-five thousand euro (€35,000).
The said tenements are property of Eleanor Attard sive Attard Ogilvie (ID 347771M) and Gordon Ogilvie and by decree of the 23rd March, 2009, Dr Anthony Cutajar and LP Liliana Buhagiar had been nominated for the absent.
N.B. The said properties will be sold as described in the acts of the judicial sale file number 16/12.
MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals