Court Notices published in Govt. Gazette no 20,452 of 31 July 2020

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th June 2020, Application number 641/2020 by Mary Doris Camilleri née Sciberras et whereby they requested that it will be declared open in favour of Mary Doris Camilleri, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favur of Michelle, Philip and Phelim, children of the decujus brothers and sisters Camilleri in equal shares between them the Succession of Joseph Camilleri, husband of Mary Doris Camilleri née Sciberras, son of the late Michael Camilleri and Felica Camilleri née Caruana, born in Żurrieq, Malta, resided in Żurrieq, Malta, and died in Żurrieq, Malta, on the 5th May, 2017, aged 70, and who held identity card number 0234447M.

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 Court and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 21st July, 2020, in the records of the Sworn Application , in the names Kevin Pace (ID 487570M) vs Mariella Hammett (ID 587277M) Application Number 145/2016 AL, the following publication was ordered for the purpose of service of the respondent Mariella Hammett, in terms of Articlke 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Kevin Pace (ID 487570M) vs Mariella Hammett (ID 587277M) on the 24th February, 2020, the applicant Kevin Pace respectfully pleaded;

1. That on the 6th October, 2018, this Honourable Court had decided to cut off completely the interpellant from the life of his children without him being notified with the defendant's request;

2.That the interpellant had asked again to be given access wth his children but this access was denied again;

3. That in view of the decree of the 6th October, 2018, the interpellant had asked this Honourable Court to refer to the Honourable First Hall Civil Court (Constitutional Jurisdiction) in order that it be decided if these procedures violate the rights of the interpellant;

4. That nothwithstanding, that this constitutional referral is paralised due to the constant and unexplainable refusal of this Honourable Court to abide itself with the provisions of Regulation number 5(1) of the Subsidiary Legislation 12.09;

6. That the interpellant humbly submits that there exists an appearance of partiality which violates his right to fair hearing by an impartial Court. This lack of impartiality is both objective as well as subjective;

… omissis …

11. That in this regard the interpellant humbly reminds that the impartiality of the Court and the adjudicator himself not only has to exist but also appears to exist, because justice not only has to exist but also appears to exist;

12. That the interpellant humbly submits that in cases which relate to the relationship of a parent with his children the adherence of the Court with the dictates of Article 6 of the Conventions should be very rigorous because defaults in the right to a hearing in these type of lawsuits bring about also to a violation of the right to a family sanctioned by means of Article 8 of the same Convention;

13.That finally the interpellant notifies that the reasons given by him do not fall within the reasons for the abstention of a Judge indicated in Cap. 12 of the Laws of Malta, however according to recent jurisprudence of the Maltese Courts there may be circumstances whereby despite that the reason for challenge of the adjudicator indicated in Cap. 12 of the Laws of Malta do not exist, however according to the recent jurisprudence of the Maltese Courts, there may be circumstances where despite that the reason for abstention or challenge of the adjudicator does not fall under one of the dispositions of Cap. 12 there can be reasons which are valid enough in a wider context in order that an adjudicator does not continue to hear the cause in order that it is assured that it be seen that the right to a fair hearing of a party in a cause is being safeguarded.

Thus the interpellant humbly prays the presiding Judge to abstain and refrain from continuing to hear and determine the present procedures and this in order to guarantee the right of fair hearing and the right to a family of the interpellant as brought forward in this application.

Civil Court (Family Section)

Hon. Madame Justice Abigail Lofaro, LLD, Dip. Stud Rel. Mag. Jur. (Eur. Law)

Sworn App. 145/16 AL

Kevin Pace

vs

Mariella Hammett

The Court,

Having seen the application of Kevin Pace of the 24th the February, 2020,

Orders that the respondent be notified with five (5) working days to file a reply.

Notify Respondent: 28, Triq l-Imdina, Naxxar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Maria Agius (ID 0078090M) filed an application under oath (No. 67/2020JPG) demanding Corrections the Act of Birth of Mariah Lee Agius number 2395/2020 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,

Lorraine Dalli

For Registrar, Civil Courts and Tribunals

Whereas Allan Arun Rayer filed a writ of summons no. 46/2020 (BS) in the names 'Allan Arun Rayer vs Direttur Reġistru Pubbliku Għawdex' demanding Corrections in the Act of Marriage Between himself and Ieva Kungyte with progressive number ninety two of the year two thousand and eighteen.

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 (15) 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 writ of summons, of the day which will be appointed for the hearing of the case.

Maureen Xuereb

For the Registrar, Gozo Courts and Tribunals

By means of a decree given on the 21 st of July, 2020, by The Civil Court (Voluntary Jurisdiction Section) on an application number 720/2020 filed by Notary Dr Ann Fenech Adami, wherein it has been ordered the opening and publication of the secret will of Antonia Gauci (KI 690946M), spinster, daughter of Bartholomew Gauci and Regina Gauci née Borg, born at Birkirkara, Malta, and died at Tal-Qroqq, Msida, on the 20th of July, 2019, aged 72 years.

The opening and publication are going to be held on Thursday the 24th of September, 2020, at eight forty five in the morning (8.45 a.m.) at Hall 24, third (3) floor, Law Courts, Triq ir-Repubblika, Valletta under the ministry of Notary Dr Ann Fenech Adami.

Josie Azzopardi

For the Registrar Civil Courts and Tribunal

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 19th 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 12th June, 2020, in the records of the schedule of deposit and redemption of ground rent number 99/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Mary Grech, spinster, holder of identity card number 8345G; Francis sive Frank Grech, retired, holder of identity card number 52856G; Joseph, retired, holder of identity card number 10746G; Loreta Portelli, widow of Michael Portelli, a pensioner, holder of identity card number 63747G; Agnesa sive Agnes Grech, spinster, a pensioner, holder of identity card number 24544G, in her own name as well as in her capacity of representative of her siblings who live abroad: Salvina Josephine Farrugia, wife of Angelo Farrugia, retired, born Nadur, Gozo and residing in the United States of America; Angela Casutto, wife of Barry Casutto, retired, born in Nadur, Gozo, and residing in the United States of America; siblings Grech, children of the late Paul Grech and Annunziata née Portelli and all c/o 74, Triq Hida, Nadur, Gozo versus Deputy Curators to represent the unknown landlord of the divided portion of land known as 'Ta' Sala', in Triq tad-Duru, Nadur, Gozo, measuring circa four hundred and thirty four square meters (434 sqm) or any other measurements it may have, bounded from the west with the said road, from the north with property of the successors in title of the heirs of siblings Sammut, and from the south with property of the successors in title of Carmelo Portelli or more correct boundaries, subject of this schedule, filed on the 12th June, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That in virtue of a deed in the records of Notary Antonio Galea dated eighth (8th) May one thousand nine hundred and forty four (1944), Francesco Portelli, who is the maternal grandfather of the claimants, acquired by title of sale a divided portion of land known as 'Tas-Sala', sive 'Tad-Duru', in the limits of Nadur, Gozo, measuring circa five and a half mondelli and bounded north with property of Paolo Sammut, west with the street and south with property of Carmelo Mifsud. A copy of this deed is hereby being annexed as document 'A'.

That in virtue of a unica charta will dated twelfth (12) April one thousand nine hundred and sixty (1960) in the records of Notary Giuseppi Cauchi, Francesco Portelli and his wife Angla Portelli, amongst other dispositions, and in virtue of the seventh article of the said will, bequeathed in favour of their children Guzepp and Annunziata wife of Pawlu Grech, the same piece of land. A copy of this will is being annexed as document 'B'.

That the claimants inherited the land from their mother Annunziata wife of Pawlu Grech, according to the shares as specified by her, and this in virtue of a will unica charta dated fourteenth (14) March two thousand and two (2002) in the records of Notary Maria Vella Magro. A copy of this will is being annexed as document 'C'.

That in the unica charta will dated twelfth (12) April one thousand nine hundred and sixty (1960) in the records of Notary Giuseppi Cauchi of Francesco and Angla spouses Portelli, this land was described as subject to two shillings and five pence as its share of an annual and perpetual groundrent, equivalent to twelve cents of the former currency, equivalent to twenty eight euro cents (€0.28). In the deed of acquisition annexed as document 'A', no ground rent is mentioned, and neither is there any mention of whether the land was acquired as free and unencumbered. However, in the will, this ground rent was mentioned without any indication as to whom it is payable.

That claimants wish to avail themselves of the faculty granted to them in virtue of article one thousand five hundred and one (1501) of the Civil Code and redeem this ground rent;

That the sum of twenty eight euro cents (€0.28) capitalized at the rate of five per centum (5%) amounts to five euro and sixty cents (€5.60);

That claimants wish to deposit also the ground rent payable for the last five years, and that is the amount of sixteen euro and eighty cents (€16.80).

Therefore, claimants request this Honorable Court and under its authority they deposit in favour of the responded the total amount of twenty two euro and forty cents (€22.40), and this so that this total sum may be freely withdrawn by the same respondents after leaving due receipt according to law.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

Superior Jurisdiction, General Section

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Rua Almedlej filed an application under oath (No 616/20/JVC) demanding the Correction of the Act of Public Registry No. 5373/2017 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 Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Mohammed Alagil filed an application under oath (No 617/20/JVC) demanding the Correction of the Act tf Public Registry No. 5379/2017 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 Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Abdulsalam Alagil filed an application under oath (No 615/20/JVC) demanding the Correction of the Act of Public Registry No. 5381/2017 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 Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 12th June, 2020, Application number 582/2020, by Aloysius sive Louis Galea, whereby following the application Rita Galea née Calleja, married to Aloysius sive Louis Galea, daughter of the late Spiru Calleja and Mary Anne née Fenech, born in Birkirkara on the 18th May, 1964, and residing at Mount Carmel Hospital, Ħ'Attard, aged 56, and holding identity card number 0270264M, was interdicted from all the acts of the civil life by means of a decree given on the 9th July, 2020.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 12th June, 2020, Application number 583/2020, by Pacifico Galea, whereby following the application Marlene Galea née Calleja, married to Pacifico Galea, daughter of the late Spiru Calleja and Mary Anne née Fenech, born in Birkirkara on the 7th September, 1966, and residing at Mount Carmel Hospital, Ħ'Attard, aged 53, and holding identity card number 387066M, was interdicted from all the acts of the civil life by means of a decree given on the 23rd June, 2020.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 9th October, 2019, Application number 1776/2019, by Pacifico Fenech in his own name and for and on behalf of the absent Joseph Fenech, Antonia Cachia and Carmen Degabriele, whereby following the application Teresa Said, daughter of Pacifico Said and Caterina Said née Galea, born in Mosta, Malta on the 13th October, 1933, and residing in Mosta, aged 87, and holding identity card number 0717933M, was interdicted from all the acts of the civil life by means of a decree given on the 30th June, 2020.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 23rd June, 2020, in the records of the Sworn Application, in the names Boukadi Manel vs Mohammed Awal, Application number 23/2020 AGV, the following publication was ordered for the purpose of service of the Awal Mohammed, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application , filed, in the Civil Court (Family Section) in the names Manel Boukadi (ID 189406L) vs Awal Mohammed (ID 45323A) on the 28th January, 2020, the applicant Manel Boukadi (ID 189406L) respectfully pleaded and asked:

1. That the parties are the parents of a minor boy with the name … omissis … who was born on the 21st May, 2016;

2. That about six months following the birth of the same minor, on the 25th December, 2016, the interpellant was forced to leave the residence where she cohabited with the respondent due to the following circumstances;

3. That some months after the respondent Awal Mohammed commenced a mediation procedure and the relative meetings with the mediator were held;

… omissis …

5.That in November, 2018, following a mediation meeting which ought to bring about the finalisation of the last terms of the agreement between the parties the following serious incidents occurred;

… omissis …

12. That unfortunately and despite of all the opportunities granted to the said respondent to remedy this attitude and this behaviour he continued with the same;

13. That in the circumstances the interpellant had no other alternative but to refer to the judgement of this Honourable Court and institute the present cause.

Thus, for the reasons premised the interpellant humbly prays this Honourable Court,

1. To order that the care and custody of the minor … omissis … is to be entrusted exclusively to the interpellant and authorise the same interpellant to take all the decisions regarding the interest of the said minor and uphold the other demands in the application.

With all costs against the respondent who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Boukadi Manel vs Mohammed Awal, Application number 23/2020 AGV, has been deferred for hearing to the27th October, 2020, at 9.00 a.m.

Notify Respondent: Flat 6B,St Mary Flats, Triq il-Ġifen, San Pawl il-Baħar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 21st July, 2020, on the application of Vella Renato (ID 497581M) et, Thursday, 15th October, 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, Nearby the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Garage internally marked number five (5) forming part of a complex of five garages on street level, underlying the block known as 'Gretel Court', in Triq il-Klarissi in Saint Julians, with a common entrance from the same street, which garage is bounded from the West by the said street, South and North by property of Henry Caruana or his successors in title, valued at twenty five thousand euro (€25,000)

The said tenement is the property of Mamo Lorranie (ID 398164M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 31/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals