Court Notices published in Govt. Gazette No. 20,475 of 1 September 2020

ARB/C016/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th August, 2020, given by the Criminal Court – Honourable Mister Justice Dr Giovanni M. Grixti LLD in the case: 

The Police

(Inspector Kevin Pulis)

(Inspector Lianne Bonello)

Versus

MARIO BRIGNONE, 65 years, son of Joseph and Clementa née Abela, born in Bormla, Malta on the 15th January, 1955, residing at 4, Triq San Mikiel, Sqaq Nru 2, Bormla, Malta and holder of Maltese Identity Card bearing number 113255M.   

The Court AUTHORISED the accused MARIO BRIGNONE to withdraw his pension and social security benefits through Bank of Valletta plc as long as the amount withdrawn does not exceed the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24). The amount authorised by law includes any pension and social security benefits and it may not be construed that these exceed the mentioned amount.  

This variation is being published in terms of Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD) on the 11th June, 2020, which was published in the Government Gazette on the 16th June, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to MARIO BRIGNONE.

THE DIRECTOR, ASSET RECOVERY BUREAU

ARB/C027/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th August, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Victor G. Axiak LLD). Compilation Number 417/2020 in the case:

The Police

(Inspector Anthony Scerri)

Versus

TERENCE CINI, self-employed, 35 years, son of the late Carmelo and Anna née Agius, born in Tal-Pietà, Malta on the 25th August, 1985, residing at Casa Blondie, Triq il-Poeżija, Ħal Qormi and holder of Maltese Identity Card bearing number 422585M.   

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 TERENCE CINI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 23A(2) of the Criminal Code, Chapter 9 of the Laws of Malta and Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount authorised 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 23A(2) and Section 5 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

By means of a decree of the 14th July, 2020, in the records of the judicial letter number 664/2020, in the names Doctor Joseph A. Schembri, LLD, noe vs Architect Joseph Grech, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Architect Joseph Grech in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To: Architect Joseph Grech, 59, St Dominic Street, Valletta

By means of a judicial letter Advocate Doctor Joseph A. Schembri, LLD (ID 196646M) as special mandatary of the absentee Nereo Miconi whilst once again informing you, for all the effects and purposes at law, that he was assigned all the rights that Guerrino Giuseppe Barbirato had against you for the return of the balance of the sum paid by him to you, which balance amounts to Lm185,000 equivalent to €430,934.08 besides the interest due and not paid and this as results from the relative public deed published by Notary Henri Vassallo, LLD, on the 11th October, 2004, solicits you once again and for the last time to pay the same amount due by you besides the interest due besides further interest till the date of effective payment.

In default of payment within three days the interpellant will proceed agaisnt you according to law.

This judicial letter is being filed in terms of Cap. 16 of the Laws of Malta.

So much for your own guidance and to avoid legal procedures and useless court fees.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

By means of a decree of the 16th June 2020, in the records of the judicial letter number 2437/19, in the names Finance House plc vs Carmelina Attard, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Carmelina Atttard in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Carmelina Attard (ID 23467M) of Turchina, Sqaq il-Warda, Ħal Għargħur

By means of this present Finance House plc (C 58869) of Aries House, Mdina Road, Ħaż-Żebbuġ, whilst reference is made to the constitution of debt public deed for the debt (document here attached and marked as Doc. A) in the acts of Notary Doctor Daniel John Bugeja of the 14th March, 2016, is rendering the same executable in terms of Article 253 and 256 of Cap. 12 of the Laws of Malta and solicits you so that within two (2) days, you pay the amount of €1,105.10 together with interest with the rate of 8% starting from the date of the public deed of the 14th March, 2016, which amount is sure, liquid and due.

With costs and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, on the 13th July, 2020, in the records of the Application in the names Marco Tanti vs Joseph Portelli et, Application number 869/11, the following publication was ordered for the purpose of service of the respondents Marco Tanti and Irene Tanti, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, Application 869/11, in the names Marco Tanti and his wife Irene Tanti vs Joseph Portelli personally as well as Small Properties Limited, on the 19th May 2015, the applicant Small Properties Limited (C 29977) respectfully pleaded:

1. This is a lawsuit which the respondent plaintiffs made under the guarantee for peaceful possession regarding a parcel of land in Dellimara which appears included in the plan annexed with a contract of sale in virtue of which the interpellant Small Properties Limited, sold to the respondent plaintiffs the villa known as 'Villa Valentina' (previously Villa Masġar) in Triq Dellimara, Marsaxlokk,

The interpellant filed counter-claims against respondent plaintiffs because it retains that this parcel of land was never part of the sale and it was only by mistake that it was included in the plan annexed with the deed of sale.

Plaintiff's Demands

2. By means of their Sworn Application the plaintiffs asked the interpellant together with the other defendant Joseph Portelli be declared to have failed in their obligation to guarantee the peaceful possession in their favour on part of the property sold against eviction from third parties, that the Court liquidate the damages suffered by the plaintiffs, liquidate the global correspective including the related expenses that the plaintiffs shall be bound to pay, to avoid the eviction and condemn the interpellant together with the other defendant Joseph Portelli to pay the plaintiffs the sum so liquidated,

Pleas

3.In their Sworn Reply , the interpellants together with the other defendant Joseph Portelli pleaded that,

… omissis …

4. The plaintifs did not present pleas to the counter-claims of the interpellants.

Judgement Appealed

5. By means of the partial judgement in the names premised given on the 22nd January, 2014, the First Hall Civil Court,

i) upheld the pleas of the defendant Joseph Portelli and freed him from the observance of the judgement,

… omissis …

iv) ordered that there be continued the hearing of the cause for the purposes of the principal demands.

With costs, at the charge of the interpellant.

6. Subsequently by means of a judgement in the names premised given on the 29th April, 2015, the First Hall Civil Court, liquidated the sum of €93,434.68 and condemned the interpellant to pay the plaintiffs the sum so liquidated with interest from the date of the judgement.

Grievances

7. The interpellant felt aggrieved by the said judgements in the names premised given on the 22nd January, 2014, and 29th April, 2015.

8. The grievances of the interpellant are clear and manifest and consist in the following:

i) The Court of First Instance made a wrong evaluation of what constitutes a mistake for the purposes of rescission of a contract,

ii) without prejudice the compensation liquidated by the First Court is excessive and and goes beyond what can be compensated according to law under the guarantee of peaceful possession.

Partial Rescission due to a Mistake

9. The respondent Marco Tanti pretends that when he bought the Villa Valentina, Triq Dellimara, Marsaxlokk, he bought with it a portion bordering with the street which was never property of the interpellant Small Properties Limited and which according to him after the contract with the interpellants he came to know that it belonged to third parties (heirs of Architect Carmelo Falzon).

… omissis …

17. On the morrow of the preliminary agreement the parties signed a plan which shows that the villa with the land annexed to it with a darker line of the terraced fields which form part of it.

18. The Court of First Instance was not correct when it considered that the land pertaining to Falzon was excluded from this plan.

… omissis …

27. With the respect due the Honourable Court of First Instance was absolutely mitaken when it gave credibility to that stated by the respondent despite of the various contradictions in his own words and more in the way he acted.

… omissis …

Excessive Compensation

30.Absolutely without prejudice the Court of First Instance was also mistaken when with its judgements in the names premised given on the 29th April, 2015, it liquidated the compensation due to the respondents under the guarantee of peaceful possession in the sum of € 93,434.68.

… omissis …

34. The interpellant is of the opinion that both the proportional value worked on the price of sale and even the actual value of this portion given by the Technical Referee is excessive.

… omissis …

Demand

36. For these reasons and all those that resulted during the pleading of this appeal the interpellant refers to the proof already produced and the submissions already made and reserves to bring forward that proof and make all the other submissions according to law respectfully prays this Court whilst confirming the judgement appealed in the names premised given by the First Hall Civil Court, on the 22nd Jauary, 2014, as demanded in this application … omissis … and revoke and cancel the judgement appealed in the names premised, given by the First Hall Civil Court on the 29th April, 2015, as demanded in this application, and by amongst others reducing the sum of €93,434.68, which the same Court liquidated and condemned the interpellant to pay to the plaintiff respondents, with costs of both insances against the same respondent plaintiffs.

Whereas the written proceedings before the Court of Appeal between Marco Tanti and his wife Irina Tanti vs Joseph Portelli personally as well Small Properties Limited have been closed, the Court fixed the hearing of the cause of Tuesday tenth (10) of March, 2020,  at 9.00 a.m. and deferred to the 6th October, 2020, at 8.30 a.m.

Notify Respondents: Marco Tanti, Villa Valentina, Triq Dellimara, Marsaxlokk

Irina Tanti, Villa Valentina, Triq Dellimara, Marsaxlokk

Adv. Frank Portelli, LLD,

For the Registrar, Civil Courts and Tribunals

By decree of 7th July, 2020, following a 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 on Room Number 78, nearby the Achieves, 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 forty five (54) in Triq il-Kappillan Don Carlo Manchè ġja 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, had been nominated Dr Noel Bartolo and PL Madeline Firman 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 of 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 George Fenech and Margherita Saliba 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 a decree given by the Court of Appeal on the 29th July, 2020, in the records of the Application in the names Mark Fenech Laudi vs Irina Fenech Laudi pro et noe, Application Number 44/18, the following publication was ordered which consists in the Application of Appeal, which was presented by means of a Note of the 28th May, 2020, in the records above mentioned to serve as notification in regard to the respondent Irina Fenech Laudi, in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Appeal

Writ of Summons 44/18 AGV

Decided 30/05/19

Mark Fenech Laudi

vs

Irina Fenech Laudi in her own name and as curatrix ad litem to represent the minor … omissis …, and the Director of Public Registry

Appeal Application of plaintiff Mark Fenech Laudi (ID 663258M)

Respectfully sheweth:

Preliminaries

That by means of a Sworn Application, in summary, plaintiff demanded of the First Honourable Court

1. a declaration that the minor child … omissis … is not his natural offspring and

2. and order so that her Act of Birth, with number 3757/2008, is corrected by defendant Director of Public Registry, as indicated in the same Sworn Application, and/or takes all necessary action so that plaintiff does not formally appear on the same Act of Birth as the father of the minor .… omissis …

And this after he premised that he had intimate relations with defendant Irina Fenech Laudi, that the minor … omissis … in the course of this relationship, that during same time, whereas plaintiff was aware that defendant was also in a relationship with a third party, he was also led to believe by defendant that the minor … omissis … was his daughter, so much so that plaintiff is indicated on the Act of Birth as the father, that this premise led parties into marriage, but after they separated legally, and after a DNA test, there resulted that in actual fact plaintiff is not the father of minor … omissis … and this is why he wants the truth to be reflected and recognised legally and that is why the defendant Director of Public Registry had to be included in these proceedings, for the validity of the second demand.

That by means of a Sworn reply, defendant of Public Registry pleaded in short that:

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

2. that plaintiff needs to prove and satisfy one of the requirements of Article 70(1) of Cap. 16 of the Laws of Malta, and the report lodged by plaintiff néeds to be sworn on oath by expert Dr Marisa Cassar.

… omissis …

That by means of a Sworn Reply, defendant Irina Fenech Laudi pleaded in short that:

… omissis …

That by means of an additional sworn reply, defendant Irina Fenech Laudi pleaded further, in short (and after due examination to understand it):

… omissis …

That by means of an additional sworn reply, defendant Director of Public Registry pleaded additionally in short:

1. That article 99 is inapplicable to the case under examination.

That the facts of the case are the following:

… omissis …

The Grievances

… omissis …

The First Grievance - In primis, the First Honourable Court should not have imposed on plaintiff that he restricts himself basis of this action.

… omissis …

The Second Grievance - That, without prejudice to the foregoing, the First Honourable Court should not have upheld the demand of the defendant Irina Fenech Laudi to lodge an additional Sworn Reply.

… omissis …

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

… omissis …

The Fourth Grievance - That without prejudice to the foregoing, even the demand of defendant Director of Public Registry to lodge further pleas was premature and should not have been upheld.

… omissis …

The Fifth Grievance - That, without prejudice to the other grievances and with all due respect to the First Honourable Court, it is clear from the decide which are the pleas that were upheld for plaintiff's demands to have been rejected, and neither does it result that the action was effetively declared null, in this way it is possible that the same contested judgement is possibly null, naturally without prejudice to any other legal consideration.

… omissis …

The Sixth Grievance - That without prejudice to the other grievances, the First Honourable Court seems at least from its considerations, decided on pleas raised by the defendants that were not the plea of nullity raised by defendant Irina Fenech Laudi, which plea had to be debated and decided on its own.

… omissis …

The Seventh Grievance - That without prejudice to the other grievances, there is no nullity of plaintiff's action, contrary to what was raised by defendant Irina Fenech Laudi.

… omissis …

The Eight Grievance - That without prejudice to the first grievance, the decide of the First Honourable Court means that in effect, neither the scientific proof of paternity nor defendant's admission have sufficient legal strength for plaintiff's demands to be upheld, and whether it intended it or not, the First Honourable Court condoned a situation which does not reflect the truth, with all the legal consequences that brings with it.

… omissis …

The Ninth Grievance - That, without prejudice to the other grievances, the application of the rules as referred to be defendant Irina Fenech Laudi, and applied by the Honourable First Court, violate plaintiff's fundamental rights, as has already been decided in jurisprudence of the European Court for Human Rights, and the error which plaintiff attributes to the First Honourable Court is that it considered and applied rules that technically have already been declared in breach of fuundamental rights, and therefore should never have been applied to this case.

… omissis …

The Tenth Grievance - That, without prejudice to the other pleas, the First Honourable Court was wrong when it undertook the judicial investigation it actually did and eventually rejected fully plaintiff's demands - if anything, in the worst case scenario for plaintiff, the First Honourable Court could have upheld the first demand and for reasons given by it when it refers to Article 81 of Cap. 16 of the Laws of Malta, in a future stage, deny or decide in another manner the second demand.

… omissis …

Conclusion

Therefore, for all the reasons given, plaintiff, whilst referring to all the acts and reserving to bring further evidence as permitted bv Law, demands of this Honourable Court to, without prejudice to any declaration, vary, revoke or reverse the judgement of the First Honourable Civil Court (Family Section) of the 30th May, 2019, by upholding plaintiff's demands in full, and rejecting all defendant's pleas with costs of both instances to be borne by defendants.

Notify:

Irina Fenech Laudi, Don Berto Apts, 98/3, Triq Caravaggio, Ħal Għargħur

Munich, Triq ir-Ridott, Baħar iċ-Ċagħaq

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree given on the 17th 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 Organization and Civil Procedure (Cap. 12).

That by an application filed by Rebel Penguin APS on the 16th of January, 2020, is asking for the withdrawal of €137,902.79 by Rebel Penguin APS deposited by the schedule of deposit number 45/2020 in the names of:

Following garnishee order number 1482/2019: Rebel Penguin APS vs Net Gaming Group Limited (C 83213)

Following garnishee order number 336/2019: EG Overseas Services B.V. (numru ta' registrazzjoni 135218) vs Net Gaming Limited (C 83213)

Following garnishee order number 717/2019: Arnold Media Limited vs Net Gaming Group Limited (C 83213)

The Court ordered the notification of the application to the counter party with a seven (7) day period to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals