Court Notices published in Govt. Gazette No. 20,472 of 28 August 2020

By means of an application filed in Civil Court of Voluntary Jurisdiction Section on the 28th June, 2019, Application number 1095/2019 by Marthese Cassia and Isabelle Spiteri, whereby following the application George Said, widower of Carmen Said, son of Ernestu Said and Teresa Said née Baldacchino, born in Ħaż-Żebbuġ, Malta on the 22nd October, 1937, and residing in Mosta, aged 81 and holding identity card number 747737M, was interdicted from all the acts of civil life by means of a decree given on the 10th October, 2019.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Albandari Albonemai filed an application under oath (No. 706/20/JVC) demanding the correction of the Act of Public Registry No: 2659/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

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  Giuseppe Borg, Maria Tanti, Antonia Borg, Salvatore Borg, Giuseppa Borg and Carmelo Borg 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 tenement 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) undivided 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 tenement 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 tenement 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 a Decree of the 28th January, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 187 (3) and 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C 2833) on the 27th January, 2020, the approval of the said judicial acts is being demanded for the amount of €90,000 following judicial sale by auction 13/19 in the names Bank of Valletta plc (C 2833) vs Av. Dr Joseph Bonnici et noe et held under the Authority of the said Court on the 21st January, 2020.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal by this Court (JA-GCD-NC) on the 3rd June, 2019, in the records of the Application in the names Labomed Limited vs Spt of Public Health qua Licensing Authority and by decree of the 21st February, 2017, there intervened in the cause Catherine Mifsud and Brown's Pharma Limited, Application Number 889/2016/1, the following publication was ordered for the purpose of service of the intervenor in the cause Catherine Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal Following the judgement of the First Hall Civil Court, Application number 889/16 MCH, delivered on the 14th March, 2019, in the names Labomed Limited (C 27866) vs The Superintendent of Public Health qua Licensing Authority and by decree of the 21st February, 2017, there were called into the cause as intervenors Catherine Mifsud (ID 839153M) and Brown's Pharma Limited (C 22952) on the 3rd April, 2019, the applicant Labomed Limited (C 27866) respectfully pleaded:

That by means of her sworn Application, presented on the 5th October, 2016, the appellant applicant company (later on called the appellant) on the basis of the premises listed in the same application asked this Honourable Court to declare that the respondent as the Licensing Authority has the obligation not to process, accept or register the Application for a Variation to a Pharmacy Licence presented to the Licensing Authority for the transfer of Dispensary License DL 027 to Brown's Pharma Limited, once the holder of the present licence was and is still bound by means of another preliminary agreement to transfer the licence in question to the applicant company.

… omissis …

With all costs and the respondent is summoned so that a reference to his evidence be made.

That in her reply the Superintendent of Public Health qua the Licensing Authority replied as follows:

… omissis …

That in his sworn reply the Director General (Contracts) presented on the 26th March, 2018 (later on also called 'the DG respondent') the latter replied as follows:

… omissis …

4. That Catherine Mifsud (ID 839153M) and Brown's Pharma Limited (C 22952) were authorised to intervene in the cause, by the Court of First Instance by means of a decree of the 21st February, 2017, during the same sitting the Court also stated the following: 'although it is discretionary for the Court whether to grant permission that pleas be made in this case it is opportune that the two intervenors in the cause be given this right, however the Court points out that the pleas have to be related only with the dispute before this Court.'

Sworn reply of the intervenor in the cause Catherine Mifsud (ID 839153M)

That by means of her sworn reply of the 13th March, 2017, the intervenor in the cause Catherine Mifsud replied as follows:

The demands of the plaintiff company are completely unfounded in fact and at law and are to be rejected with all costs against it since the plaintiff company has no legal right due to her to keep the Licensing Authority from processing the Licence.

… omissis …

Sworn Reply of the intervenor in the cause Brown's Pharma Limited (C 22952)

6. That by means of her sworn reply of the 14th April, 2017, the intervenor in the cause Brown's Pharma Limited replied as follows:

That the plaintiffs in this cause do not have a legal interest to bring forward their rights.

… omissis …

That there is no legal reason why the defendant should not favourably process the request made to him so that Dispensary Licence DL 027 be turned on to the interpellant.

… omissis …

Judgement of the 14th March, 2019

That in the judgement of the 14th March, 2019,The Honourable First Hall Civil Court pronounced itself as follows:

'For these motives the Court decides by rejecting the plaintiff's demands with costs against it. The intervenors are to bear their costs.'

8. That the appellant feels aggrieved by this judgement and is thus humbly filing an appeal before this Honourable Court of Appeal in terms of Art. 226(1) of Cap. 12 of the Laws of Malta.

9. That the grievances are clear and manifest and consist in the fact that the appellant does not agree:

9.1 With the interpretation and the evaluation of the point of Law made by the Court of First Instance that it did not consider that between Labomed Limited and Catherine Mifsud there was a contract of sale and to declare that there was nothing to hold the Superintendent of Public Health not to process the request of Catherine Mifsud for the transfer of the Licence to Brown's Pharma Limited.

Grievance Number 1 - Contract of Sale between Labomed Limited and Catherine Mifsud

10. That it is true what the Court of First Instance stated that in the first demand of her Sworn Application the appellant used the word 'preliminary agreement' whilst it clearly emerged from the evidence between Labomed Limited and Catherine Mifsud was not preliminary agreement but really a sale.

… omissis …

16. That the substance of the action is that there was an agreement of sale betwen Labomed Limited and Catherine Mifsud (whilst in the demand it is written that there was a preliminary agreement).

16.3 As regards the intervenor Brown's Pharma Limited, the substance of the pleas raised by it were 'that the plaintiff'company has no binding preliminary agreement with Catherine Mifsud for the Dispensary Licence DL 027 whilst as shall be proved in the course of the cause it is only the interpellant company which has a binding contract with the holder of the licence.'

… omissis …

21. That thus in the opinion of the interpellant it is not the case that there is no preliminary agreement between the parties and this means that there was nothing to keep the Superintendent of Public Health from processing the request of Catherine Mifsud for the transfer of the licence to Brown's Pharma Limited 'except for the bond of the prohibitory inunction.'

… omissis …

Grievance Number 2 - The plaintiff instituted the cause not only to assert its right mentioned in the warrant but so that the respondent be permanently withheld from processing the application of Brown's Pharma Ltd

22. That with respect the appellant does not agree with the Court of First Instance on this point. The right mentioned in the warrant of prohibtory injunction preceeding this cause, which warrant was upheld by the First Hall Civil Court, was the right to hold 'the respondent from in any manner processing and/or accepting and/or registering the application known as Application for a Variation to a Pharmacy Licence' which was submitted or which has to be submited by Catherine Mifsud (ID 939153M) and/or Brown's Pharma Limited (C 22952).

… omissis …

24. That the appellant did not limit herself to the third demand sic et simpliciter but upheld this demand with another demand, the first on the merit and namely that she has the right that the respondent/defendant does not proceed with the processsing of the application of Catherine Mifsud, once if he does this he shall be effectively deciding that the agreement between Labomed Limited and Catherine Mifsud is not binding, something which shall be of great detriment to the appellant.

That thus in the light of the above premised the appellant humbly prays this Honourable Court of Appeal to cancel the judgement appealed, reject all the pleas of the defendant respondent and of the intervenors in the cause by after ordering that the correction demanded by the appellant be made, it upholds all the demands of the same appellant with all costs agains the defendant respondent and the intervenors in the cause.

Notify:

Catherine Mifsud, 101, Madonnina, Triq il-Qoton, Naxxar

Micallef, Flat 2, Triq Nerik Mizzi, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 28th June, 2020, in the records of the Application in the names Fenech Laudi Mark vs Irina Fenech Laudi, Application Number 44/18, the following publication was ordered for the purpose of service of the respondent Irina Fenech Laudi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Court of Appeal in the names Mark Fenech Laudi vs Irina Fenech Laudi, in her own name and as curator ad litem to represent the minor … omissis … and the Director Public Registry, on the 18th June, 2019, the applicant Mark Fenech Laudi (ID 663258M) respectfully pleaded:

Preliminary

That by means of a Sworn Application in brief the interpellant asked from the Honourable First Court:

1. A declaration that the minor ... omissis ... is not his natural child and

2. Order that her Act of Birth, with number 3757/2008, be corrected by the defendant Director Public Registry as indicated in the same Sworn Application and/or take any necessary action so that the interpellant does not continue to formally appear on the said Act of Birth as the father of the minor … omissis …

And this after he premised that he had an intimate relationship with the respondent defendant Irina Fenech Laudi, that in the course of this relationship there was born the minor … omissis …

… omissis …

That by means of a Sworn Application the respondent defendant Director of Public Registry pleaded in brief the following:

1. That in the first place he is not aware of the facts.

… omissis …

5. That the action is not attributable to any default of the Department and thus the defendant director should not bear the costs of the cause.

That by means of the Sworn Reply the respondent defendant Irina Fenech Laudi pleaded in brief that:

1. In the first place the plaintif is to indicate the legal basis of his action.

2. That the plaintiff's demands are unfounded in fact and at law.

… omissis …

5. That in the best interest of the minor the same minor is to retain the surname of the minor.

That by means of an additional Sworn Reply, the respondent defendant Irina Fenech Laudi pleaded further:

1. The invalidity of the action according to the Article of the Laws indicated by the plaintiff for reasons which she premised in the same additional Sworn Reply.

… omissis …

The facts in brief are the following:

1. The interpellant, a Maltese man, had an intimate relationship with the respondent defendant Irina Fenech Laudi, a Russian girl, and in the course of their relationship a child was born, the minor … omissis …

… omissis …

The Grievances

10. The grievance is clear and manifest and consists in the following:

1. In primis the Honourable First Court should not have imposed on the plaintiff to restrain himself on the legal basis of the action.

… omissis …

10. That without prejudice to the other grievances the Honourable First Court was mistaken when it took the investigative line that effectively it took on and eventually rejected the plaintiff's demands in toto, if ever in the worst hypothesis to the plaintiff, the Honourable First Court could have upheld the first demand of the plaintiff and for the reasons given by it in so far as it refers to Article 81 of Cap. 16 of the Laws of Malta, at a later stage reject or otherwise provide differently as regards the second demand of the plaintiff.

The First Grievance

In primis the Honourable First Court should not have imposed on the plaintiff to restrain himself on the legal basis of the action.

11. The first plea of the respondent defendant Irina Fenech Laudi brought forward in the Sworn Reply was in the sense that the interpellant has to indicate the Article of the Law on which he based his action so that the respondent defendant can defend herself.

… omissis …

The Second Grievance - The Honourable First Court should not have upheld the demand of the respondent defendant Irina Fenech Laudi to file a further Sworn Reply.

… omissis …

24. With all respect it is the humble opinion of the interpellant that the Honourable First Court should have never even for this reason admitted an additional Sworn Reply that does not respect the dictates of the Law and amounts to the nullity of the Act itself in terms of Article 789(1) of Cap. 12 of the Laws of Malta.

… omissis …

26. Thus the interpellant humbly submits with respect that this Honourable Court is to uphold this grievance and order the withdrawal of the additional Sworn Reply of the respondent defendant Irina Fenech Laudi and cancel the judgement appealed.

The Third Grievance - That without prejudice to the other grievances the Additional Sworn Reply of the defendant Irina Fenech Laudi is effectively null and thus should have not been considered.

… omissis …

The Fourth Grievance - That without prejudice to the premised even the demand of the defendant Director Public Registry to present further pleas was untimely and thus should have not been upheld.

… omissis …

The Sixth Grievance - That without prejudice to the other grievances the Honourable First Court appears that at least form its considerations it decided as regards pleas raised by the respondent defendants or either of whom which were not the plea of nullity raised by the respondent defendant Irina Fenech Laudi, which plea was discussed and had to be decided on its own.

… omissis …

The Seventh Grievance - That there is no nullity of the action contrary to that proposed by the respondent defendant Irina Fenech Laudi.

… omissis …

8. The Eighth Grievance - That without prejudice to the first grievance the decide of the Honourable first Court means that effectively neither the scientific proof of paternity nor even the admission of the respondent defendant not have enough weight so that the plaintiff's demands be upheld.

9. The Ninth Grievance - That without prejudice to the other grievances the appication of the rules as cited by the defendant Irina Fenech Laudi and applied by the Honourable First Court violate the fundamental rights of the interpellant as sanctioned by the jurisprudence of the European Court of Human Rights and the default of the Honourable First Court raised by the interpellant is that it considered and applied regulations which technically are or were declared as violating the fundamental rights of the interpellant and thus should have never been applied in the case.

… omissis …

The Tenth Grievance - That without prejudice to the other grievances the Honourable First Court was mistaken when it took the investigative line that it effectively embarked and eventually rejected the plaintiff's demands in toto.

… omissis …

115. The point is that effectively and without prejudice to the other grievances the further plea of nullity or all the procedural pleas … omissis … should not have been upheld also because these were conflicting with the effective admission of the respondent defendant Irina Fenech Laudi regarding the paternity/filiation of the minor and keeping in view such admission and even the scientific proof the Honourable First Court should have directed the parties or in the judgement in part or in a subsequent hearing that only the pleading of the second demand was necessary.

Conclusion

Thus in view of all that above premised, the interpellant whilst referring to all the records of the cause and reserves to bring further proof as premised by law, prays this Honourable Court so that saving any necessary declaration, it varies and/or revokes or cancels the judgement of the Honourable Civil Court (Family Section) of the 30th May, 2019, by upholding the plaintiff's demands in toto reject the pleas of the defendant in toto, with costs of both instances against the defendant respondents.

Whereas the proceedings in writing in the cause before the Court of Appeal between Mark Fenech Laudi vs Irina Fenech Laudi, in her own name as well as curator ad litem so that she represents the minor … omissis … and the Director Public Registry, have been closed, the Court fixed the hearing of this cause on Thursday the 2nd of April, 2020, at 9.30 a.m. and deferred to the 22nd of October, 2020, at 9.30 a.m.

Notify respondent:

1. Irina Fenech Laudi, Don Berto Apts, 98/3, Triq Caravaggio, Ħal Għarghur

2. Munich, Triq ir-Ridott, Baħar iċ-Ċagħaq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 18th August, 2020, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall on the 11th June, 2020, on the application of Bank of Valletta plc (C 2833), Wednesday 9th September, 2020, has been fixed for the sale by auction to be held by broker Jesmond Mizzi at 1/2, Triq il-Kbira San Ġużepp, Ħamrun, of the following items seized from the property of Property Network Limited (C 9870).

55,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C27140)

95,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C27140)

174,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C27140)

N.B. The said shares will be sold as described in the acts of the judicial sale number 12/19.

MARVIC FARRUGIA

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 17th August, 2020, and this after a written plea numbered 565/2020, ordered:

The correction or annotation of the Act of Birth of Alexandra Susan Robinson so that when registered in the Public Registry of Malta her surname is referred to as “Willinger".

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Notice Registry of the Civil Court, First Hall

Whereas Abdulrahman Ahmed Alagil filed an application under oath (No. 740/20/JVC) demanding the correction of the Act of Public Registry No. 3812/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree given on 18th August, 2020, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Chapter 12).

By the application filed in the Civil Court First Hall on 12th July, 2019, by Bank of Valletta plc (C 2833), it is being asked that the Court orders the sale by auction of:

55,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140)

95,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140)

174,000 shares in Datatrak Holdings plc society today known as Loqus Holdings plc (C 27140)

The said item is the property of Property Network Limited (C 9870).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Alanoud Alagil filed an application under oath (No. 741/20/JVC) demanding the correction of the Act of Public Registry No. 1966/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

KAREN FALZON

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th February, 2020, handed down by the First Hall of the Civil Court in the records of the judicial letter number 3604/2019 in the names Reuben Bonnici noe vs Eman Borg, the following publication was ordered for the purpose of effecting service on the respondent Eman Borg  in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Eman Borg (ID 252980M) of 33, Villa San Pawl, Triq il-Mimosa, Tal-Pietà

By the present, Reuben Bonnici (ID 448471M) for and on behalf of the company Automated Revenue Management Services Limited (C 46054)  of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A, for all the purposes and effects of Article 466 of Chapter 12 of the Laws of Malta and solicits you to pay the amount of  €42,687.17 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electicity meters, administrative costs connection and disconnection fees and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due according to Law and which amount consists of the following:

i. As for bill number 101000221481 the amount of  €33,840.89 regarding the premises 30, Mount Tabor, Pjazza Kappillan Muscat, Ħamrun; and

ii. As for bill number 101000225038 the amount of  €8,846.28 regarding the premises Villa San Pawl, Triq il-Mimosa, Tal-Pietà, Gwardamanġa.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Chapter 12 of the Laws of Malta, the applicant company shall  proceed to enforce this credit according to law.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By Judgement given by the Civil of the First Hall on 27th February, 2020, on the Application number 497/19 given by Honourable Judge Grazio Mercieca in the names Stephen Bajada (ID 470477M) et vs Joseph Vella Livori, Thursday, 15th October, 2020, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

Maisonette on the first floor with its own airspace numbered one hundred and six (106) previously numbered fifty-four (54) in Triq il-Kappillan Don Carlo Manchè previously Triq l-Oratorju, Gżira with an annual and perpetual groundrent of one hundred and ninety-three euro (€193.00) yearly at the minimum price of one hundred and seventy thousand euro (€170,000) excluding of extraneous bidders.

The said tenement is the property of Stephen Bajada (ID 470477M) and his spouse Vanessa Bajada (ID 167679M), Joseph Vella Livori and by decree of 3rd December, 2019, Dr Noel Bartolo and PL Madeline Firman had been nominated for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 8/2020.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals