Court Notices published in Govt. Gazette no 20,506 of 27th October 2020

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty first (21st) of October, 2020 (Decree number 64/2020BS following application number 72/2020BS) Angelo Cefai, unemployed, son of the late John and Mary née Buttigieg, born in Victoria, Gozo, and used to reside in Ta' Kerċem, Gozo, and is hospitalised at Mater Dei Hospital (identity card number 33757G) has been confirmed interdicted from all acts of civil life.

Sophia Cefai, wife of Nico Cefai Blaimberger, daughter of Angelo Cefai and the late Karin née Neubrandt, born in Berlin, Germany, and residing in Santa Luċija, limits of Ta' Kerċem, Gozo (ID No. 399903L), has been nominated as his curatrix, by virtue of the said decree.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 7th October, 2020, following a request of Advocate Doctor John Bonello noe it was ordered that deputy curators be chosen to represent the foreign company ISK Capital PTE Ltd, Ishak Bin Mohamed Basheere and Neil Hutton in the records of the Sworn Application 867/2020TA, in the names Advocate Doctor John Bonello noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Advocate Doctor John Bonello (ID 534080M) as special mandatory of the absent: 1) Poh Kim Poh (Singaporean identity card number S0961895C), 2) Muk Sai Tat (Malaysian identity card number 630719-10-7121), 3) Chia Yue Pak (Malaysian identity card number 790812-10-5035), 4) Yew Ming Hock (Singaporean identity card number S25605511), 5) Goh Cheng Siang (Wu Qingxiang) (Singaporean identity card number S7431771E), 6) Teh Mi Mi (Singaporean identity card number S2669016A), 7)Muk Wai Chee (Malaysian identity card number 490828-10-5254) and 8) Lee Saw Leng (Malaysian identity card Number 620228-10-6504) vs Deputy Curators to represent: 1)The foreign company ISK Capital PTE Ltd, registered in the Republic of Singapore with Unique Entity No. 201611964K; 2) Ishak Bin Mohamed Basheere (Singaporean identity card number S7144124E) and 3) Neil Hutton (Singaporean identity card number G1877811X), on the 29th September 2020 the applicant Advocate Doctor John Bonello (ID 534080M) as special mandatory of the absent Poh Kim Poh (Singaporean identity card number S0961895C), Muk Sai Tat (Malaysian identity card number 630719-10-7121), Chia Yue Pak (Malaysian identity card number 790812-10-5035), Yew Ming Hock (Singaporean identity card number S25605511), Goh Cheng Siang (Wu Qingxiang) (Singaporean identity card number S7431771E), Teh Mi Mi (Singaporean identity card number S2669016A), Muk Wai Chee (Malaysian identity card number 490828-10-5254) and Lee Saw Leng (Malaysian identity card number 620228-10-6504) requested with respect:

That the applicant is duly authorised to proceed with this application and this according to the special power of attorneys here attached and marked as Doc. A1 till A8;

This procedure is intended for the execution of the judgements coming from a foreign jurisdiction in terms of articles 826 et sequitur of Cap. 12 of the Laws of Malta;

The judgments the execution of which is here being requested have emanated from the High Court of the Republic of Singapore and bear reference number HC/S 61/2020 in the names Poh Kim Poh, Muk Sai Tat, Chia Yeu Pak, Yew Ming Hock, Goh Cheng Siang (Wu Qingxiang), Teh Mi Mi, Muk Wai Chee, Lee Saw Leng vs ISK Capital PTE Ltd which was decided on the 5th February, 2020, an authentic copy of the judgment is being attached and marked as Doc B and another bearing number HC/S 1064/2019 Poh Kim Poh, Muk Sai Tat, Chia Yue Pak, Yew Ming Hock, Goh Cheg Siang (Wu Qingxiang), Teh Mi Mi, Muk Wai Chee, Lee Saw Leng vs Ishak Bin Mohamed Basheere, Neil Nutton which was decided against Ishak Bin Mohamed Basheere on the 29th November, 2019, and against Neil Hutton on the 16th January, 2020, an authentic copy of the judgments are being attached and marked as Doc. C1 and Doc. C2 respectively.

That by means of the first judgment mentioned, the respondent company ISK Capital PTE Ltd was condemned to pay the applicants the sum of SGD810,000 equivalent to €505,365.61 together with legal interests in the amount of 5.33% and all the relative costs that amounted to SGD2,300 equivalent to about €1,435 whilst by means of the second judgement mentioned Ishak Bin Mohamed Basheere and Neil Hutton were condemned to pay the applicants the same amount of €810,000 together with legal interest in the amount of 5.33% and all the relative costs which amount to SGD2,930 equivalent to €1828.05 with respect to the respondent Ishak Bin Mohammed Basheere; and SGD2,880 against the respondent Neil Hutton equivalent to €1,796.86;

That the said judgments were given on the basis of Statements of Claims here attached and marked as Doc. D with respect to the judgment given against ISK Capitgal PTE Ltd and Doc. E with respect to the judgement given against Ishak Bin Mohamed Basheere and Neil Hutton;

That the total amount due of SGD810,000 as decided by the High Court of the Republic of Singapore were split in the following portions:

a) The amount of SDG80,000 is due to the applicant Poh Kim Poh;

b) The amount of SDG160,000 is due to the applicant Muk Sai Tat;

c) The amount of SDG 50,000 is due to the applicant Chia Yue Pak;

d) The amount of SDG80,000 is due to the applicant Yew Ming Hock;

e) The amount of SDG100,000 is due to the applicant Goh Cheng Siang (Wu Qingxiang);

f) The amount of SDG130,000 is due to the applicant Teh Mi Mi;

g) The amount of SDG110,000 is due to the applicant Muk Wai Chee;

h) And finally the amount of SDG100,000 is due to the applicant Lee Saw Leng.

That the respondent company, and also the respondent Ishak Bin Mohamed Basheere and Neil Hutton as duly notified of the proceeding initiated against them and this according to the Memorandums of Service here attached and marked as Doc. F, Doc. G1 and Doc. G2 respectively;

That the declarations of the Singaporean Advocate Kelvin Lee Ming Hui provides explanation regarding the abovementioned procedure of the afore mentioned judgments and they are attached and marked as Doc. H with respect to the judgement given against ISK Capital PTE Ltd and Doc. I with respect to the judgement given against Ishak Bin Mohammed Basheere and Neil Hutton.

These amounts due represent the money that was invested by the applicants in the respondent company ISK Capital PTE Ltd, which company has as its director and shareholder Ishak Bin Mohamed Basheere and Neil Hutton as manager of public relations and customer service.

That in terms of the agreement between the applicants and the respondent company, the applicants had to recieve the profit on such investments after a specified period of time, but these payment were never made;

That the applicants discovered that the money which was meant to be given to them were instead transferred from a bank account in London to a bank account in Malta;

Thus the applicants filed these proceedings against Ishak Bin Mohamed Basheere personally and Neil Hutton on the basis of misappropriation and fraud, and they filed the above procedures against the respondent company so that it is ordered to pay the amount above mentioned, together with interest and costs;

That till today the respondents have not paid the amount confirmed in the judgments above mentioned, and so this procedure has to be filed as these amounts are found in Malta;

For any intenents it is declared that such judgmnet does not have any provisions which are contrary to public policy or to the internal public law of Malta.

Therefore, in view of the above the plaintiffs respectfully request this Honourable Court to:

1. Declare and order that the judgements given by the High Court of the Republic of Singapore in the names Poh Kim Poh et vs Isk Capital PTE Ltd on the 5th February, 2020, against the respondent company ISK Capital PTE Ltd and in the names Poh Kim Poh et vs Ishak Bin Mohamed Basheere et that was decided on the 29th November, 2019, and against the respondent Neil Hutton on the 16th January, 2020, that have there assests in the Maltese Jurisdiction, are to be recognised and declared executable, and thus considered as final judgements for all the effects and purposes of Law at Malta on the basis of Article 8267 et sequitur of Cap. 12 of the Laws of Malta;

2. Order that the eventual judgment by means of which the execution of the judgement given by the High Court of Singapore is ordered, is registered at the Public Registry.

With costs including those for the garnishee order filed together with this application and interest against the respondents who are from now summoned so that a reference to their oath be made.

Applicant: 19/9, Triq id-Dejqa, Valletta

Respondents: Law Courts, Valletta

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

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

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

Given by the Civil Court First Hall, above mentioned,with the witness of the Hon. Madam Justice Anna Felice, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Omar Serag (ID 104197 M) filed an application under oath (No. 175/20 AL) demanding Correction in the Act of Birth of Omar Serag number 1041/1997 respectively 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,

Marilyn Bugeja

For Registrar, Civil Courts and Tribunals

By means of a decree given,by the Civil Court(Family Section) on the 9th September, 2020, by this Court (AL)_ in the records of the Letter of Mediation 1719/2019, in the names Veronica Brincat vs Raymond Mifsud, the following publication was ordered for the purpose of service of the respondent Raymond Mifsud, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the records of the Mediation in the names Veronica Brincat vs Raymond Mifsud, on the 7th January, 2020, the applicant Veronica Brincat (ID 222865M) respectfully pleaded:

1. That the interpellant had a relationship with the respondent Raymond Mifsud and from this relationship the minor … omissis … was born;

2. That the interpellant commenced mediation proceedings after the relationship between the parties broke down;

… omissis …

4. That the interpellant cannot give all that due to her son without the financial assistance of her husband;

… omissis …

10. That the interpellant had to revert to this application as she found no cooperation;

That in view of the premised the interpellant prays this Honourable Court,

1) To fix from today onwards the maintenance of the minor in the sum of two hundred fifty euro monthly and order the respondent to pay a form of arrears of maintenance from August 2019 to January 2020, under those provisions that this Honourable Court deems fit to impose in the circumstances.

Notify Respondent: 25, Mġieret Road, Ħal Luqa

Adv. Frank Portelli LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th August, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 694/2018 in the names Automated Revenue Management Services Ltd noe vs Maria Darmanin, the following publication was ordered for the purpose of effecting service on the respondent Maria Darmanin in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Maria Darmanin (ID 781232M) of 53, Triq is-Santwarju, Ħaż-Żabbar

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc 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 Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,667.72, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding bill number 411000065285 regarding the premises with address Apt 2, 53, Triq is-Santwarju, Ħaż-Żabbar.

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 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs and reserving the right for the payment of interest according to law till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 4th August, 2020, of the Civil Court First Hall in the records of judicial letter number 2676/19, in the names Elmo Insurance Limited vs Anne Axiak, the following publication was ordered for the purpose of effecting service on the respondent Anne Axiak in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Anne Axiak (ID 65971M) of 518, Riviera Del Sol, Triq il-Qaliet, Marsaskala

By the present Elmo Insurance Limited (C3500) of Abate Rigord Street, Ta' Xbiex, refers to the motor vehicle accident which occurred in Triq il-Qaliet, Marsaskala, on the 8th June, 2019, when whilst you were driving the vehicle bearing registration number BCN 132, owned by you, you collided into vehicle bearing registration number ACM 819 belonging to third parties.

For all the effects and purposes of law, the interpellant hereby states that you breached the conditions of the insurance policy and your obligations in terms of the same policy, principally since you failed to disclose material and/ or substantial information, which non-disclosure entitles the applicant Company to cancel the said insurance policy.

Having stated all the above, the interpellant warns you that if the third party who suffered the damage in the said accident files a case against you and notifies the interpellant according to Cap. 104 of the Laws of Malta that the case was filed, which notice has the effect that it is obliged according to law to pay the applicant the damages, the interest, the judicial costs and VAT according to the judgement which is decided against you, and which is final, it will turn on you for the full recovery from you of the same damages, judicial expenses and VAT.

For your guidance and attention.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th October, 2020, of the Civil Court First Hall in the records of judicial letter number 2600/2020, in the names Stephen Pace vs Lorraine Dimech, the following publication was ordered for the purpose of effecting service on the respondent Lorraine Dimech in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Lorraine Dimech of Il-Wegħda, Triq il-Katakombi, Naxxar

By the present Stephen Pace (ID 486158M) and his wife Marisa Pace (ID 76182M) of The Orchid, Triq il-Katakombi, Naxxar, whilst they warn you for all the effects and purposes of law that you remained in default in performing your obligations imposed on you by your mother Maria Stella Sciberras, a common predecessor of yours and of the applicant in their respective title to the adjacent premises in Triq il-Katakombi, Naxxar, and they are giving you not later than the 15th September, 2020, to construct at your own costs on the rear side of your premises, and that is from where your property ends backwards, and adjacent to the dividing wall already built by the interpellants in their property, a seperate and independent dividing wall, with the thickness and material according to custom and good practice and this so that there will be no use of the wall of the interpellants, all as stipulated in condition number 7 of the contract of acquisition of the interpellants in the records of Notary Doctor Joanne Lia of the 8th October, 2013. You have to remove from the wall the water tap, and any other object that you abusively and without any legal right affixed to it.

If you remain in default, notwithstanding this further concession of time is being given to you, the interpellants will proceed further at Law, without any other notice and with more costs for you.

So much for your own guidance

With costs and reserving any further action against you by the interpellants.

Alexandra Debattista

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 878/2020 in the names No Deposit Cars Malta Limited vs Tomche Ilevski, the following publication was ordered for the purpose of effecting service on the respondent Tomche Ilevski in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Tomche Ilevski (ID 0154713A) of 10, Residentials Block B, Maisonette 2, Triq Censu Tanti, San Pawl il-Baħar

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 €1,550 (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 4th June, 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 15 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th September, 2019, and which sum has to date not been paid;

2. Bill of exchange number 16 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th October, 2019, and which sum has to date not been paid;

3. Bill of exchange number 17 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th November 2019 and which sum has to date not been paid;

4. Bill of exchange number 18 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th December, 2019, and which sum has to date not been paid;

5. Bill of exchange number 19 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th January, 2020, and which sum has to date not been paid;

6. Bill of exchange number 20 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th February, 2020, and which sum has to date not been paid;

7. Bill of exchange number 21 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th March, 2020, and which sum has to date not been paid;

8. Bill of exchange number 22 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th April, 2020, and which sum has to date not been paid;

9. Bill of exchange number 23 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th May, 2020, and which sum has to date not been paid;

10. Bill of exchange number 24 in the amount of €155.00 issued by defendant in favour of the company, which bill of exchange was due on the 4th June, 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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th September, 2020, Application number 1133/2020, by Marianne Azzopardi whereby she requested that it will be declared open in her favour in its entirety the Succession of Helen Cassar, widow of Angelo Cassar, daughter of the late Anthony Cardona and Dolores née Formosa, born in Birkirkara, Malta, resided in Birkirkara and died in Ħal Luqa, Malta, on the 25th December, 2019, aged 76, and who held identity card number 0299043M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st October, 2020, Application number 1220/2020, by Helen Bland whereby she requested that it will be declared open in her favour in its entirety the Succession of Anne Ingram, unmarried, daughter of the late Albert Edward Ingram and Annunzjata sive Alice née Micallef, born in Valletta, Malta, resided in Valletta and died in Imsida, Malta, on the 13th July, 2020, aged 75 and who held identity card number 0176445M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th September, 2020, Application number 1207/2020, by James Brodie and others whereby they requested that it will be declared open in favour of the same James Brodie, widower of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Michael John Clifford son of the decujus the Succession of Teresa Brodie, wife of James Brodie, daughter of the later John McGuekin and Elizabeth née Johnson, born in Uphall, Scotland, and resided in San Pawl il-Baħar and died in Msida, Malta on the 6th April 2020 aged 57 and who British Passport number 514329150.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 24th September, 2020, Application number 1180/2020, by Stephen Busuttil, Michelle Ellison and Christopher Busuttil, whereby following the application Carmelo Busuttil, son of the late Calcedonio Busuttil and Mary Busuttil née Bajada, born in Valletta on the 31st December, 1940, and resided at Dar Simblija, Naxxar and holding identity card number 57141M was interdicted from all the acts of the civil life by means of a decree given on the 5th October, 2020.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th September 2020, Application number 1205/2020, by Lorriane Aquilina and others whereby they requested that it will be declared open in favour of the same Lorriane Aquilina, Keith Aquilina and Maria Pace Aquilina all children of the decujus in the quota of one third (1/3) undivided share each one of them the Succession of Alfred Aquilina, widower of Dorothy Aquilina, son of the late Lawrence and Vincenza née Mercieca, born and resided in Vittoriosa and died in Msida, Malta, on the 3rd October 2019 aged 79 and who held identity card number 0253540M .

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 30th September, 2020, Application number 1215/2020, by Jesmond Mercieca and others whereby they requested that it will be declared open in favour of the same Jesmond Mercieca, brother of the decujus, in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Peter Mercieca and Carmela sive Carmen Mercieca née Attard, parents of the decujus in equal shares between them the Succession of Herbert (Herbert-Paul) Mercieca, bachelor, son of Peter Mercieca and Carmela sive Carmen Mercieca née Azzopardi, born in Ħ'Attard, resided in Rabat, Malta, and was declared absent and presumed dead by means of a decree of the Civil Court Voluntary Jurisdiction Section (1713/2019) and who held identity card number 0218674M.

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

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 15th September, 2020, following a request of Francesca sive Frances Micallef et it was ordered that deputy curators be chosen to represent the interests of the unknown co-owners, in the records of the Sworn Application 796/2020MH in the names Francesca sive Frances Micallef et vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Francesca sive Frances Micallef (ID 523655M), Irene Mary Micallef (ID 050968M), Ryan Mario Micallef (ID 0539687M), Anthony Micallef (ID 0239880M)) and Notary Dr George Spiteri Debono (ID 164485M) for and on behalf of Build Just Limited (C 95230) vs Deputy Curators to represent the unknown co-owners of the house number 135, Triq il-Wied, Msida, of the underlying space and also of the airspace as well as of the garage that is found under the same house and which has direct access from Triq il-Wied, Msida, on the 3rd September, 2020, the applicants Francesca sive Frances Micallef (ID 523655M), Irene Mary Micallef (ID 0509681M), Ryan Mario Micallef (ID 0539687M), Anthony Micallef (ID 0239880M) and Notary Dr George Spiteri Debono (ID164485M) for and on behalf of the company Build Just Limited (C95230) requested with respect and Ryan Mario Micallef (ID 0539687M) confirmed on oath:

That this sworn application is being made in terms of Article 495A of Cap. 16 of the Laws of Malta regarding the common sale of the property where one or some of the owners are contesting the sale;

The property in question consists of the house with number 135 that is found in Triq il-Wied in Msida, with its underlying space and airspace, and also the garage that is found under the same house and that has direct access from Triq il-Wied, Msida;

This property has been held in common for several years and certainly for more than three years;

The applicants between them have fifteen out of sixteen (15/16) undivided shares of this property and they wish to sell it according to the promise of sale here attached;

That one undivided share of sixteen (1/16) of this property belongs to the unknown co-owners;

That the respondents will not be prejudiced financially from this sale since the price of €563,750 is fair;

That the applicants humbly request this Honourable Court to order that the costs of this procedure are to be paid by the respondents;

Therefore, in view of the above, the plaintiff respectfully requests this Honourable Court to:

1. Authorise the sale of the house number 135 that is found in Triq il-Wied, Msida, with its own underlying space and airspace, and also the garage that is found under the same house and which direct access from Triq il-Wied, Msida, according as indicated in the promise of sale of the 7th July, 2020 (attached and marked as Doc. A);

2. Establishes the time, day and place where and when the publication of the relative transfer has to be made whilst nominating Notary Public Dr Andre Farrugia to publish the same, and also deputy curators to represent the unknown co-owners for the publication of the said act;

3. Nominates deputy curators, to represent those co owners who fail to appear for the final deed.

With costs, against the respondents as duly represented who are from now summoned so that a reference to their oath be made.

Applicants: Francesca sive Frances Micallef, 35 Carinzia, Flat 1, Triq Massimilano Debono, Ħal Lija

Irene Mary Micallef, 35, Carinzia, Flat 4, Triq Massimilano Debono, Ħal Lija

Ryan Mario Micallef, 35, Carinzia, Flat 2, Triq Massimilano Debono, Ħal Lija

Anthony Micallef, 17, Triq Karlu Darmanin, Ħal Lija

Build Just Limited, 92, Triq Santa Luċija, Naxxar

Respondents:  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 wishes so to act.

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Tonio Mallia, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals