Court notices published in Govt. Gazette no 20,521 of 13th November 2020

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 9th November 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.

Baskal Saliba, retired, son of the late Joseph Saliba and the late Catherine née Cini, born in Zebbug, Gozo, on the 12.06.1955, and residing in Victoria, Gozo, identity card number 38155G, for and on behalf of Elizabeth Saliba, housewife, wife of Anthony Saliba, daughter of the late Paul Fiteni and the late Rita née Mallia, born in Zebbug, Gozo on the 21.12.1953 and residing in Melbourne Australia, holder of Maltese Passport number M5699719. Humbly requests:

That Elizabeth Saliba is the owner of the plot of land known as “Ta’ Dolocca” sive “Ta’ Delukka” sive “Fuq il-Gebel” in Sqaq Anton Mallia, Zebbug, Gozo, measuring circa one hundred and ten point eight metres squared (110.8sqm), which plot is bounded on the North by property of Carmen Azzopardi, on the West and North West by Sqaq Anton Mallia and on the South in part by property of family Attard and in part by a rural pathway better shown on the plan herewith annexed and marked document A;

That according to the root of title of this property, her predecessors in title Rita Fiteni and Pawlu Fiteni had acquired this land in part by virtue of a deed in the records of Notary John Busuttil of the 30th October.1967, wherein the portion thereby acquired, of the superficial area of 93.9sq.m. is described as being subject to an annual perpetual groundrent of one shilling; an din part by virtue of a deed in the records of Notary Antonio Galea of the 16th January 1964 wherein the portion thereby acquired, of the superficial area of 169sq.m. is described as being subject to the annual and perpetual groundrent of two shillings;

That the identity of the owners of this directum dominium are not known to Elizabeth Saliba;

That the groundrent on this land has not been paid by Elizabeth Saliba ever since she acquired this property;

That Elizabeth Saliba wishes to avail herself of the right granted by section 1501 of the Civil Code and redeem this groundrent, which, capitalised at the rate of five per cent (5%) amounts to three Maltese liri (Lm3) nowadays equivalent to six euro and ninetey nine cents (€6.99c);

That thirty (30) years arrears of groundrent amount to four maltese liri and fifty cents (Lm4.50c), nowadays equivalent to ten euro and forty eight cents (€10.48c);

Now therefore in order to absolve himself nomine from any and all responsibility, Baskal Saliba nomine is depositing under the authority of this Honourable Court the total sum of seventeen euro and forty seven cents (€17.47c) representing the redemption of groundrent and arrears of groundrent as above explained, which sum may be withdrawn upon due receipt being issued in terms of law.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

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

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

Superior Jurisdiction, General Section

SILVIO XERRI

For the Registrar, Gozo Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 5th March 2020, in the records of the Application in the names Margaret Burckhardt Farrugia vs State Advocate et, Application number 12/2020 FDP, the following publication was ordered for the purpose of service of the respondent Gaetana Borg, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court (Constitutional Jurisdiction) in the names Margaret Burckhardt Farrugia (ID 902747M) vs State Advocate, Gaetana Borg (ID 540456M) on the 16th January 2020, the applicant Margaret Burckhardt Farrugia (ID 902747M) respectfully pleaded:

1. That the applicant is the owner of the decontrolled premises, 35, ‘Wellfield’, Fl 1, Triq il-Ħarrub, Santa Venera, and this since she inherited the same from her deceased parents, according to a will in the records of Notary Doctor George Cassar;

2. That the premises was leased to the respondent Gaetana sive Tanya Hazory today Borg, in virtue of a writing of the 2nd June, 1994;

4. That the premies was for a period of five years from the 2nd June, 1994;

5. That the respondent pretends that she has a right of perpetual renewal of the premises in question on the basis of of Act XX111 of 1979;

7. That in virtue of the coming into force of Act XX111 of 1979 on the 21st June 1979, the patrimonial rights of the applicant radically changed in such a manner that the property in question could never be taken back from the respondent;

10. That in this manner the applicant was deprived from the enjoyment of her property without being given adequate compensation for the taking of possession of the same premises,

… omissis …

Thus the applicant respectfully prays that this Honourable Court saving any necessary and opportune declaration for the reasons premised the respondents are to state why it should not:

 i. Declare and decide that as regards the facts above brought forward with the operation of the provisions of Cap 158 of the Laws of Malta, as amended by Act XX111 of 1979, particularly Article 5 of Cap 158 and by the operation of the current Laws a right of indefinite renewal is being given to the respondent Gaetana Borg (ID 540456M) to the premises 35, ‘Wallfield’,  Fl 1, Triq il-Ħarrub, Santa Venera;

ii. Consequently declare and decide that there were and there are being violated the rights of the applicant to the enjoyment of her property, 35, ‘Wallfield’, Fl 1, Triq il-Ħarrub, Santa Venera, in violation of Article 37 of the Constitution of Malta and the First Article of the First Protocol of the European Convention;

iii. Declare and decide that the respondent State Advocate is responsible for compensation and damages suffered by the applicant;

iv. Liquidate the same compensation and pecuniary and non pecuniary damages suffered by the applicant;

v. Condemn the respondent State Advocate to pay the same compensation and damages liquidated with legal interest till the eventual payment.

With costs and the respondents are now summoned so that a reference to their evidence be made.

The Application in the names Margaret Burckhardt Farrugia vs State Advocate et, Application Number 12/2020 FDP, was deferred for hearing to the 1st December, 2020, at 9.00 a.m.

Notify Respondent: 35, Wallfield, Fl 1, Triq il-Ħarrub, Santa Venera

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 6th November, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 6th November, 2020, in the records of the schedule of deposit and redemption of ground rent number 338/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Roberta Attard, widow of Alfred Attard, daughter of the late Max Katz and the late Pauline née Lipka holder of identity card number 445303L and Charles Jason Attard, employee, and Jeffrey Attard, self employed, siblings Attard, children of the late Alfred Attard and Roberta née Katz and holder of identity card numbers 7677G and 2380G respectively versus deputy curator in order to represent the unknown persons who are entitled to receive the groundrent mentioned hereunder, filed on the 28th October, 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicants are the owners of the block of buildings numbered 129 in Triq il-Kuncizzjoni, Qala, Gozo, as indicated in the attached plan marked Doc. A.

That this property was originally acquired by Alfred Attard, during his marriage with Roberta Attard, partly by virtue of the act received by Notary Joseph Spiteri on the twenty-fifth (25th) October nineteen eighty-five (1985) (Doc. X) and partly by virtue of the act received by Notary Dr Paul George Pisani on the nineteenth (19th) June nineteen ninety-two (1992) (Doc. Y). The above-mentioned Alfred Attard died on the fifty (5th) of December two thousand and two (2002). He regulated his inheritance by virtue of will dated forth (4th) October two thousand (2000) in the acts of Notary Dr Paul George Pisani, whereby he nominated his children Jeffrey and Charles Jason Attard as his universal heirs. Additionally, he bequeaths by title of prelegacy unto his son Charles Jason Attard the first floor tenement of the block of buildings numbered 129, Triq il-Kuncizzjoni, Qala, Gozo, without its airspace. 

That this property is subject to the annual and perpetual ground rent of sixty cents of the Maltese Lira (Lm0.60c) equivalent to one Euro and forty cents (€1.40) that are to be paid to unknown people.

That the applicants wish to avail themselves of the faculty given to them by Article one thousand five hundred and one (1501) of the Civil Code and redeem this ground rent. 

That the sum of one euro and forty cents (€1.40) capitalised by five percent (5%) amounts to the sum of twenty-eight euro (€28).

Thus the applicants are humbly calling upon this Honourable Court to redeem this ground rent and under its authority are depositing the global sum of twenty-eight euro (€28) being the redemption of ground rent to be freely withdrawn by the respondents, after they leave due receipt. 

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

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

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

Superior Jurisdiction, General Section

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October, 2020, Application number 1249/2020, by Alessio Buhagiar et whereby they requested that it will be declared open in favour of the same Alessio Buhagiar, Antonio Buhagiar, Doris Borg, Filomena Buhagiar, Joseph Buhagiar, Maria Muscat and Emmanuel Buhagiar brothers and sisters of the decujus in the quota of one eighth (1/8) undivided share each one of them and in favour of Michael, Joseph and Marita brothers and sisters Buhagiar, children of the late Nazzareno Buhagiar the latter brother of the decujus in the quota of one part of twenty four (1/24) undivided share each one of them the Succession of Carmel Buhagiar, bachelor, son of the late Emanuel Buhagiar and Antonia née Borg, born in Mosta resided in Ħ’Attard and died in Msida, Malta, on the 6th January, 2020, aged 65, and who held identity card number 0176254M.

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 17th January 2020, Application number 84/2020, by Mary-Margaret Hili, whereby following the application Giuseppa Mercieca (ID 350117M), daughter of Luigi Mercieca and Annunziata née Zammit, born in Paola on the 21st June, 2017, and presently residing at House for the Elderly in Bormla and also Rita Mercieca (ID 636928M) daughter of Luigi Mericeca and Annunziata née Zammit, born in Paola on the 19th October, 1928, and presently residing at Zammit Clapp Hospital was interdicted from all the acts of the civil life by means of a decree given on the 12th October, 2020.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 28th October, 2020, and this after a written plea numbered 835/2020, Ordered:

The correction or annotation of the Act of Birth of Wai Tat Lee when such Act of Birth is registered in the Public Registry of Malta so that the name and surname are written as Wai Tat Walton Li.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 28th October, 2020, and this after a written plea numbered 784/2020, Ordered:

The correction or annotation of the Act of Birth of Taunjai Kongmueang when such Act of Birth is registered in the Public Registry of Malta so that the name and surname are recognised as Natchanon Khositmethaphat.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court Of Revision Of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2020, and this after a written plea numbered 855/2020, Ordered:

The correction or annotation of the Act of Birth of Ian Dean Benetar when such Act of Birth is registered in the Public Registry of Malta so that the surname ‘Benetar’ is amended into ‘Wallace’.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Court of Appeal, on the 14th October, 2020, in the records of the Appeal Application, Application number 129/2018 (LM), in the names Myriam Vella vs Bank of Valletta plc the following publication was ordered for the purpose of service of the respondent Myriam Vella, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a notice of hearing of a cause issued by the Registry Superior Courts, on the 22nd June, 2020, and whereas the proceedings in writing in the cause before the Court of Appeal, between Myriam Vella and the Bank of Valletta plc have been closed the Court fixed the hearing of the cause on Monday, sixth (6) of July at 10.30 a.m. and deferred to the 9th September, 2020, at 9.00 a.m. and deferred to the 14th September, 2020, at 9.00 a.m. and deferred to the 14th October, 2020, at 9.00 a.m. and now deferred to the 2nd December, 2020, at 9.30 a.m.

Notify: Myriam Vella, 5, St Julian’s Court, Block C, Flat 23, Triq is-Sur Fons, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2020, and this after a written plea numbered 840/2020, Ordered:

The correction of the Act of Death of Caterina Farrugia bearing number 4801 of the year 1938 so that where are indicated the name and surname of the parents do not read as ‘Anglu Farrugia and Marianna Farrugia at birth Zahra’ but ‘Anglu Zahra and Marianna Zahra at birth Scicluna’.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2020, and this after a written plea numbered 841/2020, Ordered:

The correction or annotation of the Act of Birth of Adam Theodore Zammit Johnson when such Act of Birth is registered in the Public Registry of Malta so that the name Adam Theodore Zammit Johnson is amended to Adam Theodore Johnson-Zammit.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2020, and this after a written plea numbered 839/2020, Ordered:

The annotation or correction of the Act of Birth of Khalf Albako so that the incorrect name Khalf is to be deleted whenever it appears and substituted by the correct name: Khalaf.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 2nd November, 2020, and this after a written plea numbered 854/2020, Ordered:

The correction or annotation of the Act of Birth of William Yuen Wen Chua when such Act of Birth is registered in the Public Registry of Malta so that the name and surname are written as Yuan Wen William Chua.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given on the 27th of October 2020, by The Civil Court (Voluntary Jurisdiction Section) on an Application number 1286/2020, filed by Mario Balzan Demajo, wherein it has been ordered the opening and publication of the secret will of Maria Balzan, (ID 0706426M), widow of Victor Balzan, daughter of the late Michele Demajo and the late Iolanda Demajo née Caffari, born at Tas-Sliema, Malta, and died at Tas-Sliema, Malta, on the 28th of July, 2020, aged 93 years.

The opening and publication are going to be held on Wednesday, the 16th of December, 2020, at quarter to nine in the morning (8.45 a.m.) at Hall 24, Level 3, The Law Courts, Valletta, under the ministry of Notary Dr Roberta Bisazza.

CARMEN SCICLUNA

For the Registrar Civil Courts and Tribunal

It is hereby notified that by virtue of a decree given on the 17th of January, 2020, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Mark Anthony Barone sive Anthony Grech (ID 522173M) of 17, Canadian, Triq Santa Marija, Mellieħa, Malta:

Rosie Grech (ID 16867G) of ‘San Giorgio Apartments’, Flat 1, il-Kantra Street, Xlendi, Gozo, filed a claim in the Small Claims Tribunal (Gozo) – Case number 3/2019 in re ‘Rosie Grech vs Mark Anthony Barone Grech sive Anthony Grech’ – on the 31st of January, 2019, wherein it requested the Tribunal to condemn the defendant Anthony Barone Grech sive Anthony Grech to pay plaintiff the amount of €3,350 in connection with a deposit on account regarding work that should have been done by defendant, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 29th of January, 2021, at 11.00 a.m.

DANIEL SACCO

Deputy Registrar

By decree given by the Civil Court, First Hall on the 19th October, 2020, on the application of Gasan Zammit Motors Limited (C57642), Wednesday, 18th November, 2020, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at number eighteen (18), Triq il-Wilġa, Ħal Għaxaq, of the following items seized from the property of Tino Borg (KI 312976M).

Vehicle of the make Isuzu D Max, white in colour with the registration number FCI 707.

N.B. The said vehicle will be sold as described in the acts of Judicial Sale number 18/2020.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By a Decree of the 9th November, 2020, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Waste Oils Company Limited on the 5th November, 2020, the approval of the said judicial acts is being demanded for the amount of €80.00 following judicial sale by auction 10/20 in the names Waste Oils Company Limited (C14999) vs Patron Group Limited (C35369) held under the Authority of the said Court on the 4th November, 2020.

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Alfred Schembri, ID card number 459490 M presented an application (Number 44/20 AGV) demanding corrections in the act of birth of Keeyan Bonello 4644/17 in the Public Registry.

Whoever 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,

CETTINA GAUCI

For Registrar, Civil Courts and Tribunals