Court Notices published in Govt. Gazette no 20,504 of 23rd October 2020

ARB/C046/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 16th October, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Caroline Farrugia Frendo, LLD). Compilation Number 545/2020, in the case:

The Police

(Inspector Marshal Mallia)

Versus

MARTA MARTIN DANOBEITIA, unemployed, 27 years, daughter of Jose Antonio and Maria Marta, born in Spain on the 30th January, 1993, with no fixed address in Malta and holder of Spanish identity card bearing number BHQ164824.

AND

JUAN JOSE FERNANDO LOPEZ, unemployed, 32 years, son of Jose Maria and Estelle Lopez, born in Spain on the 17th October, 1988, with no fixed address in Malta and holder of Spanish identity card bearing number BMU184130.

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 MARTA MARTIN DANOBEITIA and JUAN JOSE FERNANDO LOPEZ and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Criminal Code, Cap. 101 of the Laws of Malta and Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Section 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Section 22A 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

ARB/C047/2020 – NEW FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 21st October, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Victor G. Axiak, LLD). Compilation number 555/2020 in the case:

The Police

(Inspector Oriana Spiteri)

Versus

CLINT VELLA, 34 years, son of the late John and Maria Concetta née Borg, born in Tal-Pietà, Malta, on the 24th October, 1985, residing at 34, Cliana, Triq Dun Ġwann Pullicino, Mosta, and holder of Maltese identity card bearing number 594785M.

AND

SYLVANA FENECH, hairdresser, 34 years, daughter of the late Salvatore and Frances née Xuereb, born in Tal-Pietà, Malta, on the 12th May, 1986, residing at 34, Cliana, Triq Dun Ġwann Pullicino, Mosta, and holder of Maltese identity card bearing number 243086M.

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 CLINT VELLA and SYLVANA FENECH 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, Cap. 9 of the Laws of Malta, and Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta.

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

Any person who acts in contravention of the court order mentioned in Section 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 decree given by the Civil Court, First Hall on the 8th October, 2020, on the application of Axiaq Paul (ID 372861M), Tuesday, 19th January, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room number 78 nearby the Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The undivided half of ground floor maisonette numbered nine (9) previously numbered thirty four (34) in Triq tal-Karmnu, Fgura, underlying the first floor maisonette third party property as described in the acts of Notary Joseph Tabone dated fifth May, two thousand and eight (05.05.2008), free and unencumbered, valued at ninety thousand euro (€90,000).

The said tenement is the property of Mangion Charles (ID 496273M).

N.B. The said tenement will be sold as described in the acts of judicial sales file number 30/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunal

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th May, 2020, Application number 467/2020, by Jane Laferla et whereby they requested that it will be declared open in favour of the heirs of Emanuel Taliana brother of the decujus in the quota of one part of seventy seven (3/77) in favour of Lucia and Lucy Taliana in the quota of three parts of one hundred and fifty four (3/154) in favour of Raymond Taliana and Josephine Scerri née Taliana each one of them; in favour of Philip Taliana, Miriam Pace, Rita Borg, Jane Laferla and Ludgarda Debattista brothers and sisters of the decujus in the quota of one part of twenty one (1/21) and one part of thirty three (1/33) each one of them; in favour of Lourdes Schembri and Marthese Falzon sisters of the decujus in the quota of one part of thirty three (1/33); in favour of the heirs of Josephine Galea sister of the decujus that is Emanuel Galea in the quota of six parts of seventy seven (6/77); in favour of the heirs of Michael Taliana and that is Grace Taliana in the quota of one part of thirty three (1/33); in favour of the heirs of Maria Dolores Dimech sister of the decujus and that is Mario Dimech in the quota of two parts of eleven (2/11) and in favour of Karen Ellul and Maria Celeste in the quota of one part of eleven (1/11) the Succession of Carmel Taliana, bachelor, son of Nicholas Taliana and Rosaria née Buhagiar, born in Ħaż-Żebbuġ, Malta, resided in Ħaż-Żebbuġ, Malta, and died in Ħaż-Żebbuġ, Malta, on the 2nd November, 2000, aged 55, and who held identity card number 995145M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of a decree of the 7th September, 2020, of the Rent Regulation Board, in the records of the Application in the names Alice Vella vs Joseph Debono, Application number 27/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Joseph Debono in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Alice Vella (ID 218446M) vs Joseph Debono (ID 629952M) filed before the Rent Regulation Board on the 12th February, 2020, the applicant Alice Vella humbly request and confirms on oath:

That the applicant is the owner of the garage number 3, Triq il-Gudja, Ħal Kirkop, leased to the respondent Joseph Debono at the rent of €466.00 per year payable on the 31st January.

That this garage was leased well before the 1st June, 1995, for private use and not for commercial use and does not form part of the ordinary residence of the respondent.

Thus the respondent has no right to renew the lease in terms of Article 1531H Cap. 16 of the Laws of Malta and as far as the applicant knows the respondent does not have any defences to make to the request for eviction as explained in the affidavit attached as Doc. V1.

That the applicant requested that the respondent returns all the keys and to empty the garage from all its belongings till the 31st January, 2020, according to the copy Doc. AV2 of the letter of the 18th November, but he refused to do so.

Thus, the applicant requests with respect that this Board proceeds to give judgment on the first day of hearing according to Article 16A of Cap. 69 of the Laws of Malta and so orders the eviction of the respondent Joseph Debono from the garage with number 3, Triq il-Gudja, Ħal Kirkop, within a short and peremptory time.

With costs

Applicants : Karina, Triq l-Isptar, Tal-Pietà

Notification: Joseph Debono, 31, St Joseph, Triq il-Mitjar, Ħal Luqa

The application in the names Alive Vella vs Joseph Debono, Application number 27/2020SG, has been postponed for hearing to the 28th October, 2020, at 9.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by this Court, on the 17th February, 2020, following a request of Charmaine Droughi, it was ordered that deputy curators be chosen to represent the absent Salem Mohammed Droughi,in the records of Mediation 74/20 AGV, in the names 'Charmaine Droughi vs Deputy Curators, and in the other relative and subsequent acts.

By means of a Letter, presented, in the Civil Court (Family Section) to the Registrar of Courts, Charmaine Droughi ID 55687(M)residing Binja Minzel, Block 3, Flat 20, Triq Guzi Abela, Zejtun, asked to proceed for separation from her husband Salem Mohammed Droughi, who is abroad in Libya and she does not know where he is. She also premised that she has a daughter from him who is a minor and who lives with him in Libya.

Notify with the Banns: Deputy Curators

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 wises so to act.

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

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

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Anna Felice, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

DKR 1/2020 – Perpetual General Interdiction

It is being notified that by judgement dated 24th June, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature  (Magistrate Dr Donatella M. Frendo Dimech, LLD), Compilation number 96/2015, in the case in the names:

The Police

(Inspector Matthew Vella)

Versus

Abraham Muscat, 61 years, son of the late Francis and Spiridiona née Bonello, born in Tal-Pietà, Malta, on the 23rd March, 1960, residing at 19A, Triq Spadaro, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 232560M.

The Court Ordered the perpetual general interdiction starting from judgement date of the said Abraham Muscat and this according to Sections 119 and 127(1) of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 85/2015 – Variation of a Freezing Order

It is being notified that by a decree dated 13th October, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech, LLD) following an application filed by Abraham Muscat on the 7th October, 2020, Compilation number 96/2015, in the case in the names:

The Police

(Inspector Matthew Vella)

Versus

Abraham Muscat, 61 years, son of the late Francis and Spiridiona née Bonello, born in Tal-Pietà, Malta, on the 23rd March 1960, residing at 19A, Triq Spadaro, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 232560M.

The Court Authorized the accused Abraham Muscat to sell and transfer his vehicle of make Toyota Townace with registration number HCA-456 for the the price of seven hundred (700) euro. This sum shall be affected by the freezing order.

This variation is being published in terms of Section 5 of the Prevention of Money Laundering Act Cap. 373 of the Laws of Malta, and of Section 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta, following another variation which decree was given by the same Court on the 11th March, 2020, and published in the Government Gazette of the 30th April, 2020, following another variation which decree was given by the Criminal Court on the 18th April, 2017, and published in the Government Gazette of the 2nd May, 2017, following another variation which decree was given on the 1st August, 2016, by the same Court and published in the Government Gazette of the 12th August, 2016, and following a freezing order which decree was given on the 28th January, 2015, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry and published in the Government Gazette on the 6th February, 2015, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Abraham Muscat.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 24th September, 2020, in the records of the Application in the names Raneri Pietro vs Di Giorgio Michela, Application number 185/20 AGV, the following publication was ordered for the purpose of service of the respondent Michela Di Giorgio, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application,filed, in the Civil Court (Family Section) in the names Pietro Raneri (ID 58665A) vs Michela Di Giorgio (ID 58667A) on the 24th June 2020, the applicant Pietro Raneri (ID 58665A) asked this Honourable Court after establishing that there exist the conditions mentioned in Article 66B of Cap. of the Laws of Malta,

1. To pronoune the divorce of the parties as stipulated in Article 66C of Cap. 16 of the Laws of Malta,

The Application in the names Raneri Pietro vs Di Giorgio Michela, Application number 185/2020 AGV, has been deferred for hearing to Thursday 29th October, 2020, at 9.30 a.m.

Notify Respondent: John Court, Apartment 6, Triq Tumas Galea, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th July, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 884/2020 in the names No Deposit Cars Malta Limited vs Aleksandar Ivanovic, the following publication was ordered for the purpose of effecting service on the respondent Aleksandar Ivanovic in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Aleksandar Ivanovic (ID 169159A) of Rkj, Flat 1, Triq San Ġwann, Birżebbuġa.

By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, San Ġiljan (hereinafter referred to as the company) is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €540 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 31st August, 2018 between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

1. Bill of exchange number 18 in the amount of €135.00 issued defendant in favour of the company, which bill of exchange was due on the 29th February, 2020, and which sum has to date not been paid;

2. Bill of exchange number 19 in the amount of €135.00 issued by defendant in favour of the company, which bill of exchange was due on the 31st March, 2020, and which sum has to date not been paid;

3. Bill of exchange number 20 in the amount of €135.00 issued by defendant in favour of the company, which bill of exchange was due on the 30th April, 2020, and which sum has to date not been paid;

4. Bill of exchange number 21 in the amount of €135.00 issued by defendant in favour of the company, which bill of exchange was due on the 31th May, 2020, and which sum has to date not been paid.

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

Notwithstanding that you have been requested to pay the interpellant according the Payment Schedule (here attached and marked as Doc. 3) and by means of a Statement of Contract (attached and marked as Doc. 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Geraldine Myra Noel filed an application under oath (No. 122/19JVC) demanding the Correction of the Act of Public Registry of Adewunmi Adedeji Ogunsanya No. 6740/2017 in the Public Registry.

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

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

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By means of a decree given on the 22nd of October, 2020, by The Civil Court (Voluntary Jurisdiction Section) on an Application number 958/2020, filed by Andrew Pace, wherein it has been ordered the opening and publication of the secret will of Joseph sive Guzeppi Pace (ID 231237M), widower o f Carmen Pace, son of Gaetano Pace and Giovanna Pace née Busuttil, born at Ħamrun, Malta, and died at Msida on the 29th of April, 2020, aged 83 years.

The opening and publication are going to be held on Thursday the 12th of November, 2020, at eight forty five in the morning (8.45 a.m.) at Hall 24, third (3) floor, Law Courts, Triq ir-Repubblika, Valletta, under the ministry of Notary Dr Bernice Camilleri.

Josie Azzopardi

For the Registrar, Civil Courts and Tribunal

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 13th of October of the year two thousand twenty (2020) (Application number 79/2020BS) Maria Rosaria sive Mary Rose Pace and others requested the opening of the Succession of Carmela Pace, widow of Paul Pace, pensioner, daughter of the late Spiridione Buttigieg and Margherita née Sammut, born in Valletta, Malta and used to reside in Victoria, Gozo, died in Victoria, Gozo, on the fifteenth (15th) of February of the year two thousand and fifteen (2015), intestate, that Carmela Pace had three children that are the applicants and therefore her legacy was superesed by her three children as to one (1/3) undivided share each and this in terms of Article 809 of Cap. 16 of the Laws of Malta. This is due to the fact that her husband died before her, which opening of succession of Carmela Pace is to be made as to one third (1/3) undivided share in favour of applicants and that is in favour of Maria Rosaria known as Mary Rose Pace, Maria Theresa known as Marthese Mompalao wife of Walter Mompalao and Antoinette known as Nanette Azzopardi wife of Victor Azzopardi, siblings Pace.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 20th October, 2020, on the application of HSBC Bank Malta plc (C3177), Thursday, 21st January, 2021, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction, to be held in Room number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property:

The apartment without its airspace, internally marked numbed three (3), situated on the first floor level of a building block without number, however, internally marked with the letter 'B' and forming part of a larger development without number, named 'Ta' Anastasja Court' in Triq is-Santwarju Puniku, Ta' Kerċem, Gozo, free and unencumbered and with all its rights and enjoyments. The block which forms part the apartment was built on a portion of land known as 'Ta' Zangura' sive 'Tal-Għolja ta' Santa Lużija sive Ta' Santa Anastasja' and bounded on East by the said street, with North West by Government property or his successors in title and to the South by property of Josephine Cefai or her successors in title or any other correct boundaries, as well as its common parts pro indiviso according to Article 6 of Cap. 398 of the Laws of Malta and is valued one hundred and forty-two thousand euro and five hundred euro (€142,500)

The said tenement is the property of Moawad Ali Moawad Abou Helal (ID 67346A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Court of Magistrates) Gozo

It is herby notified that by a decree dated 22nd October, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated 22nd October, 2020, in the records of the Sworn Application No. 79/ 2020 (BS) in the names Rita wife of Joseph Borg; Michael sive Lino Camilleri; Maria Grech wife of Eucharist Grech; Reverend Archpriest Daniel Xerri as Archpriest and on behalf of the Xewkija parish church, Gozo; Maria Agius; Benjamin Ellul; Victor Ellul; Anna Galea in her name and in the interest of the absent Salvina Camilleri; Salvina sive Sally Ellul; Teresa Ellul together with her children Adrian Ellul, Charles Ellul, John Ellul, Maria sive Maria Louisa wife Antoine Scicluna, Stephanie wife Ramon Farrugia, and Lorranne maiden Ellul; Juanita Ellul and Lucienne Ellul; Joseph and Rose spouses Cassar; Mark Attard vs Deputy Curators to represent unknown persons son of the late John Debono filed on the 16th October, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully submitted and Rita Borg herself confirmed under oath while stated that she is aware of the facts set out in person:

1. That this present application concerns the following property: the house with the garden annexed to it which occupies the overall surface area of about 295m.k. in Triq id-Dejqa corner with Triq San Ġiusepp, Xewkija, Gozo, at 11 of Triq San Ġiusepp, and bounded on the South, East and North by public roads and on the west by the estate of the successors in the title of Caterina Azzopardi, free and clear and shown on the plan attached hereto as Document A.

2. That this property originally belonged to the Rev. Fr. Frangisk Debono, who had given it the title of temporary emphyteusis for a period of 99 years to Giuseppe Xuereb and this by virtue of a contract in the deeds of Notary Francesco Refalo of the 20th of February, 1919.

3. The Reverend Debono died on the 7th of February, 1956, and regulated his succession by will in the deeds of Notary Francesco Refalo of the 19th of October, 1951, by which he appointed his brother Giusepp Debono as his only universal heir.

4. Giusepp Debono died on the 2nd of April 1960, and he regulated his succession by a will in the deeds of Notary Francesco Refalo of the 23rd of May, 1948, by which he left his 10 children, Angela, Salvina, Marcell, Emanuel, Reverend Rev. Lucian, Elvira, Carmela wife Louis Camilleri, Maria Giovanna wife Antonio Vella, Felicia wife Joseph Ellul, and John brothers Debono as his universal heirs.

5. Marcell Debono died unmarried, childless, and intestate, on the 4th of January, 1968, and thus his share accreted in favor of the 9 surviving brothers equally between them.

6. Salvina Debono died unmarried and childless, and intestate, on the 22nd day of April, 1975, and her share accreted in favor of her 8 siblings. equal survivors among them.

7. Emanuel Debono died unmarried, childless, and intestate, on the 2nd of October, 1977, and thus his share accreted in favor of the 7 equally surviving brothers between them.

8. Rev. Lucian Debono died unmarried, childless, on the 6th of May, 1984. He regulated his succession by virtue of a will of 26 May, 1972, in the deeds of Notary Giuseppi Cauchi by which he left as his universal heirs his 5 brothers Elvira, Carmela Camilleri, Felicia Ellul, Maria Giovanna Vella and John Debono.

9. Elvira Debono died unmarried and without children, on the 16th of December, 1990. She regulated her succession by virtue will in the deeds of Notary Paul George Pisani of the 14th of December, 1990, by virtue of which she appointed as her only universal heir Rita Borg, who consequently inherited a fifth (1/5) undivided share.

10. Carmela, wife of Luigi Camilleri, died on the 17th of February, 1988, and was inherited by her three children, Michael, Rita Borg and Maria Grech, who consequently have a share of one third. by one-fifth (1/3 of 1/5) part each.

11. Felicia, wife of Joseph Ellul, died on the 26th of August, 2003, and was survived by her 7 children, Maria Agius, Benjamin Ellul, Victor Ellul, Anna Galea, Salvina and Sally Ellul, Pio Leone Ellul, and Joseph Ellul, who therefore come to have a seventh part of a fifth (1/7 of 1/5) part each.

12. Pio Leone Ellul died on the 20th day of April, 2019, and according to his last will in the deeds of Notary Joseph Henry Sciriha of the 21st of May, 1990, he nominated as his universal heirs his sons Adrian, Charles, John, Maria sive Maie Louisa wife Antoine Scicluna, Stephanie wife Ramon Farrugia, and Loranne Ellul brothers while leaving the usufruct of all his property to his wife Teresa Ellul.

13. Joseph Ellul died on the 4th of May, 2020, and according to his will in the deeds of Notary Charles Vella Zarb of the 19th of March, 2003, he left as his universal heirs his two daughters Juanita Ellul and Lucienne Ellul who consequently have half a seventh of a fifth (1/2 of 1/7 of 1/5) a share each.

14. Giovanna, wife of Antonio Vella, died on the 23rd of December, 1991. She was inherited by her two sons, Maria Vella, and Salvina, the wife of Peter Camilleri, who therefore have half a fifth (1/2 of 1/5) share each.

15. Maria Vella died on the 18th of February, 2020, and regulated her succession by will in the deeds of Notary Maria Grima of the 5th of September 2008. Through this will she left several legacies, including in favor of the parish of St John the Baptist, Xewkija, of all her share in the property which forms the subject of this application, there described as the 'premises with the mandra attached to it by number 3 in Triq San Ġiusepp, Xewkija'. She nominated her sister Salvina Camilleri as her sole universal heir.

16. All the applicants except Salvina Camilleri as represented and with the exception of spouses Cassar and Mark Attard have agreed upon the sale of this premises and in fact have already entered into an agreement, of the 18th of August, 2020, through which they undertook to sell their respective shares to the same spouses Cassar and Mark Attard at a price based on a value of two hundred and thirty-five thousand euros (€235,000) for the entirety of the property. This agreement has been duly registered with the Commissioner of Inland Revenue under the reference PS20200;

17. That the applicant Anna Galea contacted Salvina Camilleri and through her children Joseph and Diana married Yousif she confirmed that she is ready to accede to this agreement and the necessary procedures will be carried out so that she gives Anna a power of attorney. Galea and a suitable script is signed;

18. That the applicants also know that John Debono died and had several children but they have no other information about these children, neither their name nor much less the address where they can be contacted and are therefore located in an absolute impossibility to make contact with them;

19. That this property has been in a state of disrepair since the closure of the temporary emphyteusis contracted by the Rev. Francis Debono, and several attempts have been made to sell it, as it is manifestly not conveniently divisible between the parties;

20. That the applicants believe that the price agreed in the said agreement is an advantageous one considering the measurement of this premises, and the state in which the building is located, as well as the location in which it is located, and all circumstances relating to these funds;

Accordingly, the applicants respectfully request that this Honorable Court please, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chap. 16,

1) declare that the price as well as the conditions proposed for the sale of the applicant's share in favour of spouses Joseph and Rose Cassar and Mark Attard from the property described above are fair and appropriate and that the same price and conditions shall apply to the sale due to the respondents from this same premises;

2) approve the proposed sale, and order the publication of the deed of sale also in respect of the quota due to the respondents, on the day, time and place to be so fixed and appoint the Notary Doctor to publish the deed of sale in due course, with the intervention of deputy curators in order to represent any defaulters on that deed.

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

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

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

Superior Jurisdiction, General Section

Maureen Xuereb

For the Registrar, Gozo Courts and Tribunals