Court Notices published in Govt. Gazette no 20,463 of 18 August 2020

ARB/C024/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 12th August, 2020, given by the Court of Magistrates (Gozo) as a Court of Criminal Inquiry (Magistrate Dr Monica Vella, LLD). Compilation number 33/2020 in the case:

The Police

(Inspector Justine Grech)

Versus

HERMAN SANT, works in catering, 48 years, son of the late Cristino and Carmen née Aquilina, born in Tal-Pietà, Malta, on the 9th October 1971, residing at Saliba Properties, Flt 1, Triq tal-Konti, Żebbuġ, Gozo, and holder of Maltese identity card bearing number 439971M.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to HERMAN SANT and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Section 5 and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

The Director, Asset Recovery Bureau

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 13th August, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 13th August, 2020, in the records of the schedule of deposit and contextual redemption of ground-rent number 116/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Isabella Marie Attard, pensioner, wife of Louis Attard, daughter of the late Joseph Grech and Isabella née Magri, born in Melbourne, Australia and resides at 48, Church Street, Xagħra, Gozo, with identity card no. 514883 M. Humbly requests:

That the claimant is the owner of a portion of land known as 'Tas-Simar' limits of Qala, Gozo, which is around one thousand seven hundred and forty-four meters squared to the North with Triq Tas-Simar, to the West with property of the heirs of Tony Xuereb and to the East with property of Angelo Xuereb or 'avventi causa' or as marked with a letter 'A' and highlighted in red on the site plan annexed and marked as Document 'Y'.

That the portion of land mentioned above is subject to annual and perpetual ground-rent of sixty seven euro cents (€0.76c) and this consequently amounts to the sum of fifteen euros and twenty cents (€15.20c) once this emphyteusis is capitalized with a five (5%) rate as requested by law;

That the claimant wants to redeem the above mentioned emphyteusis as required by law in accordance with Article 1501 et sequitur of Cap. 16 of the Laws of Malta;

 Hence the claimant is depositing the total amount of fifteen euro and twenty cents in order to exempt herself from any form of responsibility given that a receipt is issued in accordance with the 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 (6) days, and by means of a minute to submit a declaration that they would like to so act.

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Simone Grech, LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 19th June, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 17th September, 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, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Maisonette on first floor level internally numbered six (6), forming part of an unnumbered block of buildings, named as 'Meridjan', in Triq is-Sikka, Marsaskala, as well as pro rata share of the common parts and services of the common parts and areas of the block including the common stairwell(s), the landings, the shafts and internal yards, the fixtures and fittings, rainwater and drainage systems, the common front garden, parapet walls, the ramp, the forecourt, and of all other common areas in the basement level of the block, including the washroom and the terrace which portion is at the back of the block of buildings, on the third floor, and its overlying airspace usque ad coelum. This property is bounded on the South East by the said street, on the North West by property of John Cutajar and on the North East by property of Muscat Scerri, with the right in favour of the groundfloor maisonette only to install a water tank, communal television aerial, communal satellite dish and right of access at reasonable times for maintenance and repairs, valued at two hundred and eighty thousand euro (€280,000).

The garage internally marked number one (1) at basement level, accessible from a private drive in, abutting onto Triq is-Sikka, Marsaskala, including the pro rate share of the common parts with the other owners of the other garages in the same block and to contribute pro rate for the maintenance of the common parts, with other conditions as described in the procurement contract dated twenty seventh August, two thousand and four (27.08.2004), valued at twenty thousand euro (€20,000).

These properties enjoy and are subject to servitudes resulting from their position in the same block, including the use of services which may be passing through the overlying and/or underlying properties in the same block, as well as the underlying garages, subject to an annual and perpetual ground rent of forty-three euro and twenty three cent (€43.23) otherwise free and unencumbered, with all their rights and appurtenances.

The said tenement is the property of Short Kevyn Brian (British passport number 702557531) as represented by Dr Fransina Abela and LP Gerald Bonello as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 38/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 7th August, 2020, on the application of Adv. Ann Fenech noe, Wednesday, 30 September, 2020, at one in the afternoon (1.00 p.m.) has been fixed for the Sale by Auction, to be held at Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of vessel ANDES.

Vessel named 'Andes', container vessel registered under the Liberian flag and bearing IMO number 9399739.

N.B. The said vessel will be sold as described in the acts of the Judicial Sale number 15/20.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 7th August, 2020, on the application of Adv. Ann Fenech noe, Wednesday, 30 September, 2020 at eleven in the morning (11:00 a.m.) has been fixed for the Sale by Auction, to be held at Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of vessel ALGARROBO.

Vessel named 'Algarrobo', container vessel registered under the Liberian flag and bearing IMO number 9399789 with Call Sign A8QT9.

N.B. The said vessel will be sold as described in the acts of the Judicial Sale number 13/20.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 7th August, 2020, on the application of Adv. Ann Fenech noe, Wednesday, 30 September, 2020 at one in the afternoon (1.00 p.m.) has been fixed for the Sale by Auction, to be held at Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of vessel ANDES.

Vessel named 'Andes', container vessel registered under the Liberian flag and bearing IMO number 9399739 with Call Sign A8MG9.

N.B. The said vessel will be sold as described in the acts of the Judicial Sale number 15/20.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 12th August, 2020, on the application of Adv. Ann Fenech noe, Wednesday, 30 September, 2020, at noon in the afternoon (12.00 p.m.) has been fixed for the Sale by Auction, to be held at Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of vessel ANDINO.

Vessel named 'Andino', Container Vessel registered under the Liberian flag and bearing IMO number 9399765 with Call Sign A8PX4.

N.B. The said vessel will be sold as described in the acts of the Judicial Sale number 14/20.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree of the 24th July, 2020, in the records of the judicial letter number 711/2020, in the names Rosario Cortis vs Jeffrey Attard, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Jeffrey Attard (ID 0428673M) of 1, Lara Buildings, Apartment 3, Triq Ġużeppi Calleja, l-Iklin on the 14th May, 2020, Rosario Cortis (ID 932148M) of 20, Santa Marija, Triq Campis, Ħaż-Żebbuġ ZBG 2154, Malta, makes reference to the total amount of €10,400 on the following bills of exchange duly accepted for business purpose:

Bill of exchange dated 26th December, 2019, which expired on the 25th January, 2020, in the amount of €1,400) (attached and marked as Doc. A);

Bill of exchange dated 26th November, 2019, which expired on the 25th December, 2019, in the amount of €9,000 (attached and marked as Doc. B).

This amount has now expired and has remained unpaid with interest of 8% from the date of maturity of the balance due on the said bills of exchange till the date of effective payment.

The interpellant solicits you so that within ten (10) days from the notification of this present, you pay the amount of €10,400 representing the pending amounts due on the said bills of exchange together with interest as above mentioned.

In default, the interpellant will further proceed against you without further notice, and by all means permitted at law including the issue of the opportune warrants.

This judicial letter is being sent for all the purposes and effects of law and to render the said bills of exchange executable in terms of Article 253(3) of Cap. 12 of the Laws of Malta.

By means of this present, you are being warned that, in terms of Article 253(3) of Cap. 12 of the Laws of Malta, you have the right such that within twenty (20) days from the notification of this present, by means of an application, you oppose the execution of the bills of exchange above mentioned on the basis that the signatures on the same do not belong to you or to your mandatory or for other grave reasons you may oppose such execution according to law.

So much so you may know how to proceed and to regulate yourself.

With costs and legal interest till the date of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th July, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 543/2020 in the names No Deposit Cars Malta Limited vs Rosa Maria Zigomalis, the following publication was ordered for the purpose of effecting service on the respondent Rosa Maria Zigomalis in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Rosa Maria Zigomalis (Canadian passport GF037625) of Flat 2, Block C, Triq l-Aħmar, Marsaskala,MSK 3753.

By the present, No Deposit Cars Malta Limited (C 85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €600 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 29th May, 2019, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

1. Bill of exchange number 8 in the amount of €200 issued by defendant in favour of the company, which bill of exchange was due on the 29th December, 2019, and which sum has to date not been paid;

2. Bill of exchange number 9 in the amount of €200 issued by defendant in favour of the company, which bill of exchange was due on the 29th January, 2020, and which sum has to date not been paid;

3. Bill of exchange number 10 in the amount of €200 issued by defendant in favour of the company, which bill of exchange was due on the 29th February, 2020, and which sum has to date not been paid.

This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.

Notwithstanding that you have been requested to pay the above bills of exchange you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.

With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th June, 2020, in the records of the judicial letter number 4466/2019, in the names Rudolf Aquilina et vs Anthony Aquilina et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Anthony Aquilina in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To 1. Anthony Aquilina (ID 294468M) of Antclaire 18, Triq G. Galizia, Birżebbuġa

   2. Jesmond Aquilina

   3. Mario Aquilina

By means of a judicial letter Rudolf and Carmelo brothers Aquilina (ID 53373M and ID 476262M) of Richel, Triq Antonio Schembri, Birzebbugia whilst making reference to the inheritance of your parents specifically to the monies that are kept by financial institutions solicits you so that not later than one week you come forward to sign the necessary documents so these monies are released to you. You are warned that in default the interpellants will hold you responsabile for all the damages that they may suffer because of the fact the the money are being kept without any valid reason at law and they are being charged a substantial amount of costs and interests because of this.

In addition, by means of this present you are solicited to do all that is necessary so that the property held in common is placed on the market and sold. In default the interpellant will have no alternative but to proceed for the sale under the Court Authority.

This is to serve you as a notice and for your own guidance.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                    

By means of a decree of the 23rd July, 2020, of the Civil Court First Hall, in the records of judicial letter number 427/2020, in the names GasanMamo Insurance Limited vs Nader Abulghasen Benamar, the following publication was ordered for the purpose of effecting service on respondent pro et noe in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Nader Abulghasen Benamar (ID 24850A) of 80, Charlichel, Triq in-Naħal, Mellieħa

By the present GasanMamo Insurance Limited (C 3143) of Triq l-Imsida, Gżira GZR 1405, whilst referring to the claim brought forward by you on the 11th January, 2017, regarding the car accident that occurred on the 2nd January, 2017, in Triq ir-Rabat, Żebbuġ, Gozo, and in which accident the vehicle owned by you, driven by you and insured by means of a comprehensive type of policy issued by the interpellant company was involved in an accident with vehicle with registration number CBX 407 driven by Heidi Fenech.

The interpellant, by means of this present judicial letter, and for all the effects and purposes of law:

i. Informs you formally that they are refuting and denying this claim on the basis that you consciously and with the intention to deceive, made false and/or imprecise declarations to the interpellant regarding the facts and circumstances of the accident in question as you were driving the vehicle with registration number NSA 077 under the influence of alcohol and so you breached the terms and conditions of the insurance policy in question, and above all you failed in your legal obligation to keep the interpellant, as your insurer in uberrimae fides relationship.

ii. Solicits you so that within four (4) days from the date of this judicial letter you pay the amount of €21,000 representing the reimbursement due by you for damages, costs and other payments effected by the interpellant in connection with the damages suffered on the vehicle with registration number NSA 077 in the said accident;

iii. Informs you that you are being formally warned that in case the company GasanMamo Insurance Limited you is obliged to effect any payment on your behalf in terms of Cap. 104 of the Laws of Malta, it is from now reserving it position on your behalf, according to Law and proceed against you for the reinbursement of all the amounts that it is obliged to pay in favour of third parties in connection with this case and this besides the costs and interest according to law.

This letter is being principally, although not limitedly filed, to interupt the prescription in terms of Cap. 12 Cap. 16 and Cap. 104 of the Laws of Malta.

With costs and legal interests

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 12th August, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 29th October, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held in Room numbered 78, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Flat numbered one (1) on the first floor of a block of two flats and underlaying garages, without number named Davpol, also with number thirty-six (36), Mensija Road, San Ġwann, together with the relative share of the common parts in common with the underlaying flat, including the roofs. This flat is subject to annual and perpetual ground rent of forty-six euro and fifty-nine cents (€46.59), payable in advance on the first day of July every year. This block is bounded on the East by the said street, on the North by property of Carmelo Debono and on the South by property of Raymond Baldacchino as described in public contract of Notary Maurice A. Gambin acts, dated 7th November, 1994, and is being valued at one hundred and fifty thousand euro (€150,000)

The said tenement is the property of Michael Balzan Limited (C 15764).

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 11th August, 2020, and this after a written plea numbered 540/2020, Ordered:

The correction or annotation of the Act of Birth of Najia Housny, bearing number 739 of the year 2013, so that in the column entitled 'Name or names by which the child is to be called and surname' the surname 'Housny' is substituted by the surname 'Hosni'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 11th August, 2020, and this after a written plea numbered 560/2020, Ordered:

The required annotations in the Act of Birth of Michelle Maria Luise Gilbert so that her name and surname are indicated as 'Shelley ENGLISH'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given, by the Civil Court (Family Section) on the 23rd July, 2020, in the records of the Application in the Mediation in the names Sammut Joseph vs Abela Svetlana Nikolaevna, Application number 1469/2018/4 JPG, it was ordered that the acts hereunder brought forward be notified to the respondent Abela Svetlana Nikolaevna, by publication in terms of article 187(3) et sequitur of Cap. 12.

Application presented in the Civil Court Family Section on the 10th March, 2020

In the Civil Court (Family Section)

Hon. Madame Justice J. Padovani Grima

Application of Joseph Sammut (ID 396673M).

Humbly Sunmits:

By a decree dated 2nd March, 2020 (copy attached Doc. A) this Honourable Court ordered that the minor child be picked up by the applicant father directly from school to be returned to the maternal home every Tuesdays and Thursdays;

During the sitting the respondent mother did not attend court, not surprisingly given that she never bothered to attend any mediation sittings either,

Applicant has already to the attention of this Honourable Court the frustration he has with access to his minor child and the applicant father has repeatedly shown how the mother frustrates his access, sometimes by speaking only Russian, by being constantly present, by changing address or fall incommunicado or simply by refusing to abide with court decrees,

The Court issued its decree of the 2nd March, 2020, to curb the mother's involvement prior to access to allow a smooth handover during access. The response to this decree by the mother was to refuse to send the minor child to school. On the 3rd, 4th, 5th (Wednesday, Thursday and Friday) and the 9th March (Monday following) the mother did not take the child to school see email Doc. B and message Doc. C). Access therefor could not be exercised.

This is in line with what respondent mother always intended as evidenced in correspondence between respondent mother and father's ex wife (Doc. D). Respondent mother clearly stated she never had an intention to grant access to applicant father described also as 'mentally sick'.

Applicant is bringing these facts to the cognisance of the Court because the respondent mothers seems to have found another way to frustrate access and breach the Court decree and by simply not taking the child to school (at the child's age school attendance is not legally obligatory. This blatant disregard of Court orders and the anguish caused to the father by the respondent mother should not be rewarded.

For these reasons applicant humbly requests this Honourable Court to issue any and all relevant decrees necessary to allow access to take place.

Civil Court (Family Section)

Madame Justice Jacqueline Padovani Grima, LLD, LLM (IMLI)

APP. 1469/18

Joseph Sammut

vs

Svetalana Nikolaevna Abela

The Court,

Having seen the application dated 10th March, 2020,

Orders the same to be served on the respondent who shall reply within (4) days.

Application presented in the Civil Court Family Section on the 21swt April, 2020

In the Civil Court (Family Section)

Hon. Madame Justice J. Padovani Grima, LLD

Application in Mediation No. 1469/2018/3

Sammut Joseph (ID 396673M)

vs

Abela Svetlana Nikolaevna (ID 228216L)

Application of Joseph Sammut (ID 396673M)

Humbly submits:

By a decree dated 2nd March, 2020 (copy) attached Doc. A), this Honourable Court ordered that the minor child be picked up by applicant father directly from school to be returned to the maternal home every Tuesdays and Thursdays;

By means of an application dated 9th March, 2020 (draft copy attached marked Doc. B) applicant lamented that:

a) Respondent's mother never attended court or mediation sittings;

b) Respondent mother flagrantly breached the decree of the 2nd March,  2020, repeatedly. The response to this decree by the mother was to refuse to send the minor child to school.access therefore could not be exercised.

Applicant request the Court to intervene to ensure that its decree be obeyed, the contempt to stop and ensure that the father has access to his child.

This application is still pending.

However meantime Government ordered the closure of schools. This meant that access became impossible. Worst still the mother took this as opportunity to ensure total separation of child from, father.

As a fact since the closure of schools (11th March, 2020 the respondent mother;

a) Has failed to grant any form of access of the minor child to father;

b) Is refusing to answer any emails, messages or calls from the father (see correspondence marked Doc. C);

c) Is refusing to allow the minor child to make any contact whatsoever with the father.

Meantime the applicant father does not know if the minor child is healthy and generally doing well. Above all for over seven (7) weeks the father had no contact with the minor child. This as a fact is causing considerable anxiety in the father. Above all this behaviour is rewarding the efforts of the respondent mother to damage permanently the relationship between minor child and father/ It also is com,pleting previous attempts at frustrating access with father at all costs (in previous applications father and child during access to ensure child sees her at all times, speaking the child only in Russian to exclude the father from all conversations)

There are pending criminal proceedings against the mother (Doc. D) The father is doing all that. He can to try to see the child, but still the mother is flouting court orders creating anxiety in the father.

Meantime the father has always paid maintenance dutifully.

With respect, the lack of access of the father is causing emotinal pain, anxiety and even harm. The respondent mother has managed so far to flout most court orders and has manged to deny access of the father to the minor child. The applicant father has always followed dutifully Court orders and is requesting the Courtr's intervention to ensure access to his minor child.

This blatant disregard of Court orders and the anguish caused to the father by respondent mother should not be rewarded.

For these reasons applicant father humbly requests this Honourable Court to issue any and all relevant decrees necessary to allow to take place, including;

1) Take cognizance of the pending application in the same names filed 9th March, 2020;

2) Ordering access twice a week with a pick up and return from the mother's residence in Saint Paul's Bay;

3) Ordering daily contact (with fixed time) by video/tepehonic means between minor child and father;

 and this under any further decree this Court deems fit and opportune.

         Civil Court (Family Section)

  Hon. Madam Justice Jacqueline Padovani Grima, LLD, LLM (IMLI)

Med. No. 1469/2018

Sammut Joseph (ID 396673M)

vs

Abela Svetlana Nikolaevna (ID 228216L)

The Court,

Having seen the application of Joseph Sammut dated 21st of April, 2020,

Orders that a translated copy of the same be served on the respondent who shall reply within four days.

Application presented in the Family Court on the 16th June, 2020

In the Civil Court (Family Section)

Hon. Madame Justice J. Padovani Grima, LLD

Application in Mediation No 1469/2018/3

Sammut Joseph (ID 396673M)

vs

Abela Svetlana Nikolaevna (ID 228216L)

Application with urgency of Joseph Sammut (ID 396673M)

Humbly submits:

By a decree dated 2nd March, 2020 (copy attached Doc. A), this Honourable Court ordered that the minor child be picked up by appicant father directly from school to be returned to the maternal home every Tuesdays and Thursdays'

By means of an application dated 9th March, 2020 (draft copy attached marked Doc. B) applicant lamented that:

   a) Respondent mother never attended court or mediation sittings;

   b) Respondent mother flagrantly breached the decree of the 2nd March, 2020, repeatedly. The response to this decree by the mother was to refuse to send the minor child to schol. Access therefore could not be exercised.

Applicant requested the Court to intervene to ensure that its decree be obeyed, the contempt to stop and ensure that the father has access to his child.

This application is still pending.

 During COVID the mother took this as an opportunity to ensure a total separation of minor child from father.

Even now that the restrictions are lifted, the applicant father has no access and contact whatsoever with the minor child in flagrant breach of the Court orders;

Meantime the applicant father does not know if the minor child is healthy and Generally doing well. Above all for three (3) months the father has had no contact with the minor child. This as a fact is causing considerable anxiety in the father. Above all this behavior is rewarding the efforts of the respondent mother to damage permanently the relationship between the minor child and father. It also is completimng previous sattempta at frustrating access with father at all costs (in previous application father had reported the mother indoctrinating the child before access, then following father and child during access to ensure child sees her at all times, speaking the child only in Russian to exclude the father from all conversations).

There are pending criminal proceedings against the mother. The father is doing all that he can to try to see the child, but still the mother is flouting court orders creating anxiety in the father.

Meantime the father has always paid maintenance dutifully.

The Court adjourned the case after the summer recess. Howver with utmost respect the applicant father humbly submits that this issue to be tackled before the summer recess and treated with urgency. In addition the father would like to see the child on Saturdays.

For these reasons applicant father humbly requests this Honourable Court to take cognisance of the application filed on the 9th March, 2020, and the contents of thgis application with urgency and appoiunt a hearing. If necessary before the summer recess to ensure the proper working of this Court's decrees and re-establish access an contact between father and daughter in the light of the summer holidays and this under any other order this Court deems fit and opportune.

Civil Court (Family Section)

Hon. Madame Justice Jacqueline Padovani Grima, LLD, LLM (IMLI)

Med. No 1469/2018/3 JPG.

Sammut Joseph (ID 396673M)

vs

Abela Svetlana Nikolaevna (ID 228216L)

The Court,

Having seen the application with urgency filed by Joseph Sammut dated 16th June, 2020,

Orders that the same application be served on the respondent who shall reply within a week;

Apppoints the application for hearing on the 3rd of July, 2020, at 10.30 a.m.

Notify Respondent: Svetlana Nikolaevna Abela, Apartment 12, Poseidon Court, Triq Damasku, Buġibba

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 9th July 2020, following a request of Advocate Doctor Luigi A. Sansone as special mandatory of HUGO BOSS Trade Mark Management GMbH & Co. KG, it was ordered that deputy curators be chosen to represent Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited. Sirketi and Sarl Msa Import Export, in the records of the Sworn Application 546/2020 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatory of Hugo Boss Trade Mark Management GmbH & Co KG, a foreign company registered under the German Laws and with address Dieselstrasse 12, 72555 Metzingen, Germany vs Deputy Curators to represent: 1) Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited.Sirketi, a foreign entity with unknown address till the date of the filing of the sworn application, and 2) Sarl Msa Import Export, foreign entity with indication of address of Rue Ouaret Hocine Section 37 Ilot No 53, Local N°01 Et 02, Ibn Ziad, Constantine Algeria and with an indication of Algerian statistic identification number (“NIS") 001525120014563 and Algerian fiscal identification number (“NIF") 001525007089505, on the 3rd Julych 2020, the applicant Advocate Doctor Luigi A Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Hugo Boss Trade Mark Management GmbH & Co KG a foreign company incorporated under the German Laws with address of Dieselstrasse 12, 72555 Metzingen, Germany, asked this Honourable Court:

1. to declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of shirts/ polo shirts (in plastic packaging material), which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company and duly registered regarding the same product as European Union trademarks with numbers 000049221, 000049245 and 002860377 and also International trademark with number 0754225 that is designed by the European Union and also as trademarks registered in Malta with numbers 19324 and 22360 respectively, which objects are all presently held under the authority of the Director General (Customs) after he found that the container APHU4679581 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered trade marks of the European Union with numbers 000049221, 000049245 and 002860377 and also International trademark with number 0754225 that is designed by the European Union and also as trademarks registered in Malta with numbers 19324 and 22360 respecitvely.

2. declare that the same objects and namely a quantity of shirts/polo shirts (in plastic packaging material) which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company duly registered regarding the same products as trademarks of the European Union with numbers 000049221, 000049245 and 002860377 and also International trademark with number 0754225 that is designed by the European Union and also as trademarks registered in Malta with numbers 19324 and 22360 respectively are falsified objects;

 3. order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction.

5. order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual distruction, to the attendence of the distruction and to the removal of the waste generated from the same distruction.

With costs, against the defendants summoned so that a reference to their evidence be made.

Applicant noe: Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269M) as special mandatary of Hugo Boss Trade Mark Management GmbH & Co KG, a foreign company registered under the German Laws and with address Dieselstrasse 12, 72555 Metzingen, Germany

 84-85 Triq Melita, Valletta VLT 1120

Notify the Defendants: Deputy Curators to represent: 1) Maham Dis Ticaret Tasimacilik Pazarlama Sanayi Ve Ticaret Limited.Sirketi, a foreign entity with unknown address till the date of the filing of the sworn application, and 2) Sarl Msa Import Export, foreign entity with indication of address of Rue Ouaret Hocine Section 37 Ilot No 53, Local N°01 Et 02, Ibn Ziad, Constantine Algeria and with an indication of Algerian statistic identification number (“NIS") 001525120014563 and Algerian fiscal identification number (“NIF") 001525007089505

Courts of Justice, Valletta (two copies)

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, above mentioned, with the witness of the Hon. Chief Justice Mr Mark Chetcuti LLD , Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 11th September, 2019, following a request by Christine Borg Bartolo et it was ordered that deputy curators be chosen to represent the unknown owners that is the heirs of Benjamin Farrugia in the acts of the schedule of deposit number 1672/2019 in the names Christine Borg Bartolo et vs Joseph Dimech et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Christine Borg Bartolo (ID 388762M) office manager, born and residing in Tas-Sliema and Patricia Rafferty (ID 398664M), Pilates instructor, born and residing in Tas-Sliema both children of John Borg Bartolo u Ena Borg Bartolo née Huber vs Joseph Dimech (ID 217931M) Architect, son of the late Paolo Dimech u Vincenza née Mizzi, born in Floriana and residing in Rabat, Gozo, and Teresa sive Tessie Dimech (ID 376227M), housewife daughter of the late Paolo Dimech and Vincenza née Mizzi born in Floriana and residing in Rabat, Gozo and deputy curators to represent the unknown heirs of Benjamin Farrugia, previously clerk, son of John Philip Farrugia and Emma née Bonnici, born in Ħamrun and residing in Ħal Balzan and deputy curators to represent the unknown heirs of George Fenech, previously in business, son of Francesco and Angela née Grima, born and residing in Ħal Qormi, the unknown heirs of Margherita wife of Giuseppe Saliba, widow of Giuseppe Mallia, daughter of the late Carmelo Grima and Georgia née Farrugia, born in Qormi and residing in Sliema and the unknown heirs of Carmelo Mallia, son of the late Giuseppe Mallia and Margherita wife of Giuseppe Saliba, previously widow of Giuseppe Mallia born and residing in Tas-Sliema and deputy curators to represent the unknown heirs of George Fenech, previously in business, son of Francesco and Angela née Grima, born and residing in Ħal Qormi, the unknown heirs of Margherita wife of Giuseppe Saliba, previously widow of Giuseppe Mallia daughter of the late Carmelo Grima and Georgia née Farrugia, born in Ħal Qormi and residing in Tas-Sliema and deputy curators to represent the unknown owners of Maria Josephine Bugeja widow of John Bugeja daughter of the late Paolo Sammut and Ferdinanda née Sammut, born in Floriana and residing in Tas-Sliema and deputy curators to represent the unknown heirs of Giuseppe Borg, previously contractor, son of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown heirs of Maria Tanti, wife of Pietro Tanti, daughter of Carmelo Borg and the late Angela née Said, born in Ħ'Attard and residing in Rabat, Malta; the unknown heirs of Antonia Borg, wife of Salvatore Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown heirs of Salvatore Borg previously worker son of Carmel Borg and the late Angela née Said, born and residing in Ħ'Attard, the unknown heirs of Giuseppa Borg, daughter of Carmelo Borg and the late Angela née Said, born and residing in Ħ'Attard, and the unknown heirs of Carmelo Borg son of the late Giuseppe Borg, born and residing in Ħ'Attard, filed on the 10th September, 2010, the applicants Christine Borg Bartolo (ID 388762M) and Patricia Rafferty (ID 398664M) respectfully submitted:

That by means of a will dated 8th May, 2009, that is found in the records of Notary Dr Hugh Grima (attached and marked as Doc. EB) the applicants inherited the maisonette without number but with the name Chez Amis with its own free airspace in Triq l-Annunzjata, Ħal Balzan, overlying the house with the name Marie Reine from their parents Carmelina sive Ena Borg Bartolo and John Borg Bartolo;

That by means of a contract of sale in the records of Notary Jeannette Laferla dated 24th May, 1995, a copy of which is here attached and marked as Doc. EB1, Carmelina sive Ena Borg Bartolo and John Borg Bartolo acquired the property abovementioned and described from Maria Dolores Cassar (ID 395636M) who died on the 24th April, 2016;

By means of a deed of the 22nd May, 1961, in the records of Notary Salvatore Abela (here attached and marked as Doc. EB2), Joseph Dimech and Paolo Dimech in favour of John Cassar, granted by means of sub perpetual emphyteusis a portion of developable land of a total of eighty point four seven square canes (80.47 square canes) that is 353.26m², part of which and namely 73.15 square canes that is 321.13m² is known as Tal-Faxx, and the other part, namely 7.32 square canes that is 32.13m² is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of thirty-two pounds and four shillings (£32.4s.0d) today equivalent to seventy-five euro (€75.00);

That on this land John Cassar built the tenament with the name Marie Reine and maisonette with the name Chez Amis, in Triq Annunzjata, Ħal Balzan and thus this subgroundrent was divided in half, half for each of both premises so the subgroundrent on Chez Amis is that of €37.50 (Doc. EB3);

That after the death of John Cassar on the 5th August, 1971, the said maisonette Chez Amis in Triq Annunzjata, Ħal Balzan as subject to the subgroundrent of €37.50 passed on to his daughter Maria Carmen sive Maria Garroni and finally onto Maria Dolores Cassar;

That Paolo Dimech died on the 13th February, 1965, and his share of the sub-direct dominius and namely half (1/2) undivied share which belongs in part to Teresa Dimech and as for one fourth (1/4) undivided share and the remaining one fourth (1/4) undivided share to the sub-owner Joseph Dimech who is already sub-owner as for other the remaining one half (1/2) undivided share, so that Joseph Dimech is the sub-owner of three quarters (3/4) undivided share whilst Teresa Dimech is the subowner of the remaining (1/4) undivided share;

That a portion of the developable land of total measurement of 80.47 square canes above mentioned effectively forms part of a bigger portion of land granted from Benjamin Farrugia in favour of the said Joseph Dimech and Paolo Dimech by means of sub perpetual emphyteusis.

By means of a deed of the 13th February, 1961, in the records of Notary Salvatore Abela (here attached and marked as Doc. EB4), Benjamin Farrugia in favour of Joseph Dimech and Paolo Dimech, granted by means of sub perpetual emphyteusis a portion of developable land of a total of 304 square canes that is 1334.9m², part of which 282.5 square canes that is 1240.49m² is known as Tal-Faxx, and the other part, namely 21.5 square canes that is 94.41m² is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of £76.3s.3d today equivalent to €177.46;

That the portion of developable land of measurement 282.5square canes equivalent to 1240.49m² called as Tal-Faxx in the limits of Tal-Gozzu in Ħal Balzan granted to Joseph Dimech and Paolo Dimech is only 92.93% of the total concession of measurement 304square canes that is 1334.9m²;

That that portion of developable land of measurement 73.15 square canes that is 321.13m² called as Tal-Faxx in the limits of Tal-Gozzu in Ħal Balzan, granted to Joseph Cassar in relation to that portion of the same land of Tal-Faxx in the limtis of Tal-Gozzo, in Ħal Balzan with measurements of 282.5square canes that is 1240.49m² granted to Joseph Dimech and Paolo Dimech is only 25.89% of the total concession of measurement 304 square canes that is 1334.9m² towards the annual and perpetual subgroundrent of £76.3s.3d today equivalent to €177.46 and that is that portion of 73.15square canes equivalent to 321.13m² called as Tal-Faxx in the limits of Tal-Gozzu, in Ħal Balzan that was granted by means of sub perpetual emphyteusis from Benjamin Farrugia in favour of Joseph Dimech and Paolo Dimech towards the annual and perpetual subgroundrent of €42.70;

That the portion of developable land of measurement 21.5square canes equivalent to 94.41m² called as Ta' Sqaq iż-Żeċċuk in the limits of Tal-Gozzu in Ħal Balzan granted in favour of Joseph Dimech and Paolo Dimech is only 7.07% of the total concession of measurement 304square canes that is 1334.9m²;

That the portion of developable land of 7.32 square canes that is 32.13m², is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan in favour of John Cassar in relation to that portion of the same land of Ta' Sqaq iż-Żeċċuk, in the limits of Tal-Gozzu, in Ħal Balzan for the measument of 21.5 square canes equivalent to 94.41m² granted to Joseph Dimech and Paolo Dimech is only 34.03% of the total concession of measurement 304 square canes equivalent to 1334.9m² for the annual and perpetual subgroundrent of £76.3s.3d today equivalent to €177.46 and that is that portion of 7.32square canes that is 32.13m² called as Sqaq iż-Żeċċuk in the limites of Tal-Gozzu in Ħal Balzan that was granted by means of sub perpetual emphyteusis from Benjamin Farrugia in favour of Joseph Dimech and Paolo Dimech towards the annual and perpetual subgroundrent of €4.27;

That the portion of developable land of total measurement 80.47square canes equivalent to 353.26m² called as Tal-Faxx and Ta' Sqaq iż-Żeċċuk in the limits of Tal-Gozzu in Ħal Balzan granted towards the annual and perpetual groundrent of of €42.70 together with €4.27 and so towards the annual and perpetual sub groundrent of €46.97;

That on this land John Cassar built the tenament with the name Marie Reine and maisonette with the name Chez Amis in Triq l-Annunzjata, Ħal Balzan and thus this subgroundrent was divided in half, half for each of both premises so and the sub groundrent on Chez Amis in favour of the unknown heirs of Benjamin Farrugia is that of €23.49;

By means of a deed of the 14th October, 1953, in the records of Notary Doctor Robert Girard (copy here attached and marked as Doc. EB5), George Fenech (as for the one half (1/2) undivided share together with Margherita Saliba (as for the other one half (1/2) undivided share) in favour of Benjamin Farrugia, granted by means of sub perpetual emphyteusis a portion of developable land of a total measurement of 463 square canes that is 2033.08m², known as Tal-Faxx in the limits of Tal-Gozzu, in Ħal Balzan and this towards the annual and perpetual non revisable subgroundrent of £68.11s.0d, today equivalent to €159.68 and consequently in the same contract the same George Fenech (as for the one half (1/2) undivided share) together with Margherita Saliba (as for the one half (1/2) undivided share) and Carmelo Mallia (as for the other one fourth (1/4) undivided share) in favour of Benjamin Farrugia granted by means of sub perpetual emphyteusis a portion of developable land of measurement 45 square canes that is 197.6m² is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan and this all subject to the annual, perpetual and non revisable sub-groundrent of £6.15s.0d today equivalent to €15.72;

That the portion of developable land of 7.32 square canes that is 32.13m², is known as Ta' Sqaq iż-Żeċċuk, and these in the limits of Ta' Gozzu, in Ħal Balzan grasnted by means of sub perpetual emphyteusis to Joseph Cassar in relation to that portion of the same land of Ta' Sqaq iż-Żeċċuk, in the limits of Tal-Gozzu, in Ħal Balzan for the measument of 45 square canes equivalent to 197.6m² granted by means of sub perpetual emphteusis to Benjamin Farrugia is only 16.26% of the total concession of measurement 45 square canes equivalent to 197.6m² for the annual and perpetual subgroundrent of £6.15s.0d today equivalent to €15.72 and that is that portion of 7.32square canes that is 32.13m² called as Sqaq iż-Żeċċuk in the limits of Tal-Gozzu in Ħal Balzan that was granted by means of sub perpetual emphyteusis from George Fenech (as for the one half (1/2) undivided share) together with Margherita Saliba (as fo one half (1/2) undivided share) and Carmelo Mallia (as for the other one fourth (1/4) undivided share) in favour of Benjamin Farrugia towards the annual and perpetual subgroundrent of €2.56;

That on this land John Cassar built the tenament with the name Marie Reine and the maisonette with the name Chez Amis in Triq l-Annunzjata, Ħal Balzan and so this subgroundrent was divided into two halves between the two premises, so the subgroundrent on Chez Amis for the unknown heirs of George Fenech and Margherita Saliba and Carmelo Mallia is that of €1.28;

That the portion of developable land of 73.15 square canes that is 321.13m², is known as Tal-Faxx in the limits of Ta' Gozzu, in Ħal Balzan in favour of Joseph Cassar and in relation to that portion of the same land of Tal-Faxx in the limits of Tal-Gozzu, in Ħal Balzan for the measument of 463square canes equivalent to 2033.08m² granted by means of the perpetual subgroundrent to Benjamin Farrugia is only 15.8% of the total concession of total measurement 463 square canes equivalent to 2033.08m² for the annual and perpetual non revisable subgroundrent of £68.11s.0d today equivalent to €159.68 and that is that portion of 73.15square canes that is 321.13m² called as Tal-Faxx in the limits of Tal-Gozzu in Ħal Balzan that was granted by means of sub perpetual emphyteusis from George Fenech and Margherita Saliba in favour of Benjamin Farrugia towards the annual and perpetual subgroundrent of €25.23;

That on this land John Cassar built the tenament with the name Marie Reine and the maisonette with the name Chez Amis in Triq l-Annunzjata, Ħal Balzan and so this subgroundrent was divided into two halves between the two premises, so the subgroundrent on Chez Amis for the unknown heirs of George Fenech and Margherita Saliba and Carmelo Mallia is that of €12.62;

By means of a deed of the 7th July, 1953, in the records of Notary Doctor Robert Girard (copy here attached and marked as Doc. EB6), Maria Josephine Bugeja in favour of George Fenech and Margherita Saliba, granted by means of sub perpetual emphyteusis a portion of developable land of a total measurement of 500 square canes that is 2195.55m², known as Tal-Faxx in the limits of Tal-Gozzu, in Ħal Balzan and this towards the annual and perpetual non revisable subgroundrent of £25.0s.0d, today equivalent to €58.24;

That the portion of developable land of 73.15 square canes that is 321.13m², is known as Tal-Faxx in the limits of Ta' Gozzu, in Ħal Balzan in favour of Joseph Cassar and in relation to that portion of the same land of Tal-Faxx in the limits of Tal-Gozzu, in Ħal Balzan for the measument of 500square canes equivalent to 2195.55m² called tal-Faxx in the limits of Tal-Gozzu, Ħal Balzan in favour of George Fenech u Margherita Saliba is only of 14.63% of the total concession of total measurement 500 square canes equivalent to 2195.55m² for the annual and perpetual non revisable subgroundrent of £25.0s.0d today equivalent to €58.24 and that is that portion of 73.15square canes that is 321.13m² called as Tal-Faxx in the limits of Tal-Gozzu in Ħal Balzan that was granted by means of sub perpetual emphyteusis from Maria Josephine Bugeja in favour of George Fenech and Margherita Saliba towards the annual and perpetual subgroundrent of €8.52;

That on this land John Cassar built the tenament with the name Marie Reine and the maisonette with the name Chez Amis in Triq l-Annunzjata, Ħal Balzan and so this subgroundrent was divided into two halves between the two premises, so the subgroundrent on Chez Amis for the unknown heirs of Maria Josephine Bugeja is that of €4.26;

By means of a deed of the 18th September, 1937, in the records of Notary Doctor Ettore Francesco Vassallo (copy here attached and marked as Doc. EB7), Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg brothers and sisters Borg and their father Carmelo Borg, granted by means of perpetual emphyteusis a portion of developable land of a total measurement of 6T, 1S, 5K that is 7025.54m², known as Ta' Sqaq iż-Żeċċuk in the limits of Tal-Gozzu, in Ħal Balzan in favour of George Fenech and Giuseppe Mallia and all this towards the annual and perpetual non revisable groundrent of £30.00s.0d, today equivalent to €69.90;

That the portion of developable land of 7.32 square canes that is 32.13m², is known as Ta' Sqaq iż-Żeċċuk in the limits of Ta' Gozzu, in Ħal Balzan in favour of Joseph Cassar granted by means of sub perpetual emphyteusis in relation to that portion of the same land of Ta' Sqaq iż-Żeċċuk in the limits of Tal-Gozzu, in Ħal Balzan for the measument of 6T, 1S,5K equivalent to 7025.54m² granted by means of perpetual emphyteusis to George Fenech and Giuseppe Mallia is only of 0.46% of the total concession of total measurement 6T,1S,5K equivalent to 7025.54m² regarding the annual and perpetual non revisable subgroundrent of £30.00s.0d today equivalent to €69.90 and that is that portion of 7.32square canes that is 32.13m² called as Ta' Sqaq iż-Żeċċuk in the limits of Tal-Gozzu in Ħal Balzan that was granted by means of perpetual emphyteusis from Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg brothers and sisters Borg and their father Carmelo Borg in favour of George Fenech and Giuseppe Mallia towards the annual and perpetual groundrent of €0.32;

That on this land John Cassar built the tenament with the name Marie Reine and maisonette with the name Chez Amis in Triq l-Annunzjata, Ħal Balzan and thus this subgroundrent was divided in half, half for each of both premises so the subgroundrent on Chez Amis for the unknown heirs of Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and Carmelo Borg is that of €0.16;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and thus redeem the same groundrent and subgroundrent regarding the property Chez Amis, with its free airspace, in Triq l-Annunzjata, Ħal Balzan, in terms of the same law;

That the amount of €37.50 representing the annual and perpetual subgroundrent above mentioned due to Architect Joseph Dimech and Teresa Dimech, capitalised at the rate of 5%, amounts to €750.00;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €187.50;

That the amount of €23.49 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of Benjamin Farrugia, capitalised at the rate of 5%, amounts to €469.80;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €117.45;

That the amount of €1.28 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech, Margherita Saliba and Carmelo Mallia, capitalised at the rate of 5%, amounts to €25.60;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €6.40;

That the amount of €12.62 representing the annual and perpetual subgroundrent above mentioned due to the unknown inheritance of George Fenech and Margherita Saliba, capitalised at the rate of 5%, amounts to €252.40;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €63.10;

That the amount of €4.26 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Maria Josephine Bugeja, capitalised at the rate of 5%, amounts to €85.20;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €21.30;

That the amount of €0.16 representing the annual and perpetual groundrent above mentioned due to the unknown inheritance of Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and Carmelo Borg, capitalised at the rate of 5%, amounts to €3.20;

That the applicants are depositing the subgroundrent arrears for the last five years that amount to €0.80.

Thus the applicants are requesting this Honourable Court and under its authority are depositing the amount of €1,982.75 to redeem this annual and perpetual groundrent and subgroundrent regarding the above mentioned maisonette and also the arrears and thus there be consolidated in favour of the applicants the perpetual utile dominium for all the effects and purposes of law, which amount may be freely withdrawn as for:

1. €750.00 abovementioned, the price of redemption of the annual and perpetual subgroundrent due to Architech Joseph Dimech and Tereża Dimech regarding the above mentioned property, by the respondents Architect Joseph Dimech and Tereża Dimech, in their capacity and this after leaving the relative receipt according to law and also the arrears of €187.50;

2. €469.80 abovementioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of Benjamin Farrugia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Benjamin Farrugia in their capacity and this after leaving the relative receipt according to law and also the arrears in the amount of €117.45;

3. €25.60 abovementioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech, Margherita Saliba and Carmelo Mallia, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech, Margherita Saliba and Carmelo Mallia in their capacity and this after leaving the relative receipt according to law and the arrears in the amount of €6.40;

4. €252.40 abovementioned, the price of redemption of the annual and perpetual subgroundrent due to the unknown inheritance of George Fenech and Margherita Saliba , regarding the above mentioned property by the deputy curators that represent the unknown inheritance of George Fenech and Margherita Saliba in their capacity and this after leaving the relative receipt according to law and the arrears in the amount of €63.10;

5. €85.20 abovementioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Maria Josephine Bugeja, regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Maria Josephine Bugeja in their capacity and this after leaving the relative receipt according to law and the arrears in the amount of €21.30;

6. €3.20 abovementioned, the price of redemption of the annual and perpetual groundrent due to the unknown inheritance of Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and Carmelo Borg regarding the above mentioned property by the deputy curators that represent the unknown inheritance of Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and Carmelo Borg in ther capacity and this after leaving the relative receipt according to law and also the arrears in the amount of €0.80.

Applicants:

Christine Borg Bartolo, Savoy, Fl. 5, Triq d'Argens, Tas-Sliema

Patricia Rafferty, 5, The Hive, Triq Oscar Testa, Ħ'Attard

Notification:

Deputy Curators

Director Public Registry, Triq il-Merkanti, Valletta

Joseph Dimech, Vella Marisa, Triq Fortunato Mizzi, Rabat (Gozo)

Teresa Dimech, Cor Jesu, Triq Santa Marta, Rabat (Gozo)

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

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

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd August, 2020, Application number 842/2020, by Guzeppa sive Josephine Caruana et whereby they requested that it will be declared open in favour of Guzeppa sive Josephine Caruana, wife of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Carmen sive Marica Bellizzi, Carmel sive Charles Caruana and Marianne Sciberras Caruana children of the decujus in the quota of one sixth (1/6) undivided share each one of them the Succession of Emmanuele Caruana, husband of Josephine Caruana née Mangion, son of the late Michele Caruana and Maria née Fenech, born in Żurrieq, Malta, resided in Zurrieq, Malta, and died in Zurrieq, Malta, on the 17th May, 2020, aged 84, and who held identity card number 823635M.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th July, 2020, Application number 805/2020, by Christopher Ciancio et whereby they requested that it will be declared open in favour of Christopher Ciancio, Dorothea Balani and Angelina Gauci children of the decujus in the quota of one third (1/3) undivided share each one of them the Succession of Maria Agnese Ciancio, widow of Virgilio, daughter of the late Giuseppe Cremona and Giuseppa née Borg, born in Valletta, Malta, and resided in Ħamrun, Malta, and died in Msida, Malta, on the 4th February, 2020, aged 88, and who held identity card number 258031M.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th September, 2019, Application number 1559/2019, by Doris Grech, Philip Formosa, Carmen Farrugia and Raymond Formosa, whereby Pawla Formosa née Grixti, widow of Joseph Formosa, daughter of Grazio Grixti and Emmanuela Chircop, born in Ħaż-Żebbuġ, Malta, on the 3rd September, 1934, and residing at Saint Vincent De Paule, Ħal Luqa, aged 84, and holding identity card number 610435M was Incapacitated by means of a decree given on the 31st October, 2019, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 11th September, 2019, Application number 1846/2019, by Celine Stivala and Donatella Vella Montebello, whereby following the application Christian Montebello, bachelor, son of Tarcisio Montebello and the late Mary known as Miriam Montebello, born in Tal-Pietà, Malta, on the 19th February, 1988, and residing at Paola, aged 31, and holding identity card number 116388M was interdicted from all the acts of the civil life by means of a decree given on the 8th October, 2019.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 8th August, 2019, Application number 1356/2019, by Emanuel Balzan, whereby following the application Emmanuela Balzan, wife of Emanuel Balzan, daughter of the late Eliah Borg Bonaci and Rita née Bugeja, born in Ħamrun on the 4th April, 1945, and residing in Santa Venera, aged 74, and holding identity card number 0325845M was Interdicted from all the acts of the civil life by means of a decree given on the 31st October, 2019.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd July, 2020, Application number 794/2020, by Maria Lourdes Ciantar et whereby they requested that it will be declared open in favour of Nicholas Augustine Pace, Maria Lourdes Ciantar, Carmela Pace and Theresa Pace, brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them and in favour of Marija Pace, Nikolai-Paul Pace and Christina Pace children of the late Paolo Pace the latter brother of the decujus in the quota of one fifth (1/5) undivided share between them the Succession of Michael Pace, bachelor, son of the late Carmelo Pace and Carmela Pace née Farrugia, born in Siġġiewi, Malta, resided in San Pawl il-Baħar, Malta, and died in San Pawl il-Baħar, Malta, on the 21st December, 2019, aged 65, and who held identity card number 0198754M.

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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th June 2020, Application number 567/2020, by Albert Cassar, whereby Imelda Cassar, widow of Luke Cassar, daughter of Nazzareno Spiteri Dingli and Paola née Mifsud, born in Rabat, Malta, on the 6th August, 1942, and residing in ħal Luqa, aged 77, and holding identity card number 468042M was Incapacitated by means of a decree given on the 14th July, 2020, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 14th August, 2020, the Court of Magistrates (Gozo), Volontary Jurisdiction, 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 14th August, 2020, in the records of the application number 56/2020 by the Court of Magistrates (Gozo), Volontary Jurisdiction, upon an application filed by Joseph Attard noeJoseph Attard who is appearing in the name and on behalf of his brother Carmel sive Charles Attard bearer of Australian driving licence number 018323784, versus deputy curator/s to represent the absentee Michele Bajada, filed on the 3rd August, 2020, in the Court of Magistrates (Gozo), Voluntary Jurisdiction, as well as the other related and subsequent acts. They respectfully premised:

That applicant Charles Attard is the only heir of the late Marija spinster Bajada, who died without issue, daughter of the absentee Michele Bajada and the late Antonia née Mizzi, and this in virtue of her last will dated 12th January, 1978, in the records of Notary Giuseppi Cauchi, a copy of which is being annexed herewith as document A. Marija Bajada died on the 13th April, 1981, according to the death certificate annexed herewith as document B. The testamentary searches of the said Marija Bajada are being herewith annexed as documents C and D respectively.

That one of the properties which was inherited by the applicant from the said Marija Bajada is the house at number 94, Triq ta' Bullara, Xagħra, Gozo. From an official search which was conducted, this house was originally acquired as part of a larger house, by the same Marija Bajada together with her mother Antonia Bajada and her maternal uncles Salvatore Mizzi and Antonio Mizzi. In virtue of a subsequent partition, Salvatore Mizzi was assigned a divided portion from this same house, whilst Antonia Bajada, Marija Bajada and Antonio Mizzi were assigned in undivided shares between them, the other divided part of the same house. Marija Bajada eventually inherited her mother Antonia Bajada, and she acquired the share of her uncle Antonio Mizzi in virtue of a deed of datio in solutum.

That it resulted to the applicant that Michele Bajada, father of Marija Bajada and husband of Antonia Bajada, was absent at the time in which this house was acquired. This has resulted due to the fact that Antonia Bajada filed various applications during the years in order to obtain authorisation for certain deed on which her husband Michele Bajada néeded to be present, to go ahead. Annexed as document E, there is the application number 18/1963 filed by Antonia Bajada in the registry of this Court on the 25th April, 1963. In this application she declared:

“illi żewġha Michele Bajada huwa assenti minn dawn il-Gżejjer minn qabel is-sena 1920, u illi hija ma tafx hux ħaj jew mejjet u jekk ħaj fejn qiegħed jirrisjedi, nonostanti li hija għamlet in-neċessarja indaġini biex tkun taf xi ħaġa fuqu u min dak iż-żmien sal-lum qatt ma ħadet aħbaru."

That from a search which was conducted in the Archives of this Court, and from an official search carried out in the Public Reġistru, it resulted that an application to order the issuance of the death certificate of Michele Bajada was never submitted. That a search was also conducted in the archives of the Parish of Marija Bambina of Xagħra, Gozo, where Michele Bajada was born, and no date of death was found however his date of birth was found. From searches in the Public Registry no death certificate of the said Michele Bajada was found.

That it resulted that Michele Bajada was born in Xagħra, Gozo, on the 1st January, 1886, and therefore 134 years passed from his birth. An extract of the birth certificate of Michele Bajada is being herewith annexed as document F.

That Antonia Bajada, when she acquired by title of sale her undivided share of the house 94 Triq Bullara, Xagħra, Gozo, she was technically still married to Michele Bajada and therefore, due to the operation of the community of acquests, Michele Bajada had one half of the undivided share acquired by Antonia Bajada.

That given that there was no official date of death of Michele Bajada, his succession has still not been opened.

That the applicant is in the process of selling the house numbered 94, Triq Bullara, Xagħra, Gozo, which he inherited from Marija Bajada, daughter of Michele Bajada as explained above. However, due to the fact that Michele Bajada was not officially dead on the date of acquisition of the house by Antonio Bajada, there remains the undivided share pertaining to Michele Bajada, that is the one sixth (1/6) undivided share which has devolved on nobody.

Therefore, in view of the above, and due to the fact that more than one hundred years have passed from the birth of Michele Bajada and more than a year has passed from the last time he was heard of, the applicant is, on the basis of Articles 223, 224(a) and 299 of Cap. 16 of the Laws of Malta, respectfully requesting this Honorable Court to:

i. Nominate deputy curators to represent the absentee Michele Bajada and also for the purposes of the requests herewith contained, according to Article 223 of Cap. 16 of the Laws of Malta;

ii. Declare that the said Michele Bajada is today dead, and that his date of death is the 20th July, 1921, which is the date of the first application filed by Antonia Bajada in which she declared that she had not heard of news of him since before the year 1920;

iii. Order the official tasked with the drawing up of the death certificate to write and send to the Director for such registration within four days as contemplated by Law, the death certificate of the absentee according to Formula G of Section II of the First Schedule of Cap. 16 of the Laws of Malta;

iv. Order in favour of the applicant the absolute possession of the assets of the absentee Michele Bajada and the absolute exercise of the rights which depend on the death of the absentee;

v. Consequently order that the succession of Michele Bajada is to be opened in favour of the applicant Carmel sive Charles Attard as the sole heir of Marija Bajada, daughter of the absentee Michele Bajada, and who according to Law was the sole heir of her father, the absentee Michele Bajada;

And this under all those terms and conditions which this Court deems are due and opportune in the circumstances.

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