Court Notices published in Govt. Gazette No. 20,541 of 18th December 2020

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 25th June, 2020, following a request by Matthew Spiteri et  it was ordered that deputy curators be chosen to represent  the unknown heirs of the siblings Leone Francesco Gauci Sant and Emma Depiro Gourgion in the acts of the schedule of deposit number 796/2020 in the names Matthew Spiteri et vs Anthony Baldacchino and 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 Matthew Spiteri (ID 300751M) and Mario Spiteri (ID 304054M) children of the late Michele and Marianna nee Camilleri, both born in Siġġiewi on the 30th March, 1951, and 11th March, 1954, respectively and both residing in Siġġiewi vs Anthony Baldacchino (ID 901851M) son of the late Francis Baldacchino and Calcedonia nee Tonna, born in Siġġiewi on the 26th November, 1951, and residing in Siġġiewi and  deputy curators to represent the unknown heirs of the siblings Leone Francesco Gauci Sant and Emma Depiro Gourgion, filed on the 19th June, 2020, the applicants Matthew Spiteri and Mario Spiteri respectfully submitted:

That the applicants Matthew Spiteri and Mario Spiteri are the owners of the boathouse with number 19 with the name Rabita Boathouse, in Għar Lapsi, Siġġiewi that was excavated and built by their father Michele Spiteri, today deceased, that its details will be given hereunder in this schedule of deposit.  The applicants Spiteri inherited one fourth undivided share each one of them of this property from their father and acquired the remaining one half undivided share from their other siblings.

The father of the applicants Michele Spiteri, today deceased, acquired from William Thake by title of sub emphyteusis a divided portion from the underground of a ground floor and a garage, property of the sub-grantor William Thake, that are built on a portion of land divided from the lands known as Il-Gzira ta' Għar Lapsi that is found in Għar Lapsi in the limits of Siġġiewi, which divided portion of land measures about 68 square canes and is bounded from the East with property of Giuseppe Cascun, from the North with property of the Noble Emma widow of Pio Depiro Gourgion and the hers of Leone Francesco Gauci Sant and from the south with Government Property, which portion of the underground granted by sub-emphyteusis measures approximately 420 square feet and has a facade on the ramp property of the Government, with the extension of 14 linear feet and is bounded from the South with the ramp for the anchorage of boats, property of the Governemnt, from the East with property of Pietro Baldacchino and from the north with the rest of the underground aforementioned property of the sub-grantor William Thake, which portion of the underground granted by sub-emphyteusis was acquired by Michele Spiteri for the purpose of excavating it and create a cave, or boathouse, with the annual and perpetual sub-groundrent of Lm8 equivalent to €18.63 which started to run from the date of the deed and are payable every year in advance, and this in accordance with a deed of Notary Dottor Nicola Said of the 14th October, 1962 (copy of the relative deed is here attached and marked a Doc. A);

That together with this schedule of deposit is being attached a plan of the property in question and marked as Doc. B;

That subsequently, according to the contract in the records of Notary Doctor Pierre Attard of the 9th October 1987 (copy of the relative contract is here attached and marked as Doc. C), William Thake transferred by title of sale in favour of Anthony Baldacchino (a) the house with a garage without number but with the name Gawhra previously known as Teresanna in a road without a name in Għar Lapsi in the limits of Siġġiewi, subject to the annual and perpetual groundrent of Lm2 and (b) the sub-direct dominium and the annual and relative sub groundrent imposed on the two garages that is the contiguous and adjacent boathouses, without number and without a name excavated in the underground of the house above mentioned with a facade on the passage, that is ramp that gives on the bay of Mizun and is bounded together from the south with the same passage, from the east with the underground of the property of family Cascun and from the north with the underground of the said house.

So the annual and perpetual subgroundrent of Lm8 equivalent to €18.63 is due to Anthony Baldacchino.

That originally the sub-granted underground formed part of the land that William Thake acquired from Leone Francesco sive Francesco Gauci Sant and Emma Depiro Gourgion by onerous title by means of a contract of perpetual emphyteusis in the acts of Notary John Spiteri Maempel of the 3rd March, 1965 (copy of the relative contract is here attached and marked as Doc. D) at the annual and perpetual groundrent of Lm2 equivalent to €4.66 which started to run from the date of the deed and is payable every year in advance, on which land William Thake built the said house and garage mentioned in paragraph 4 above mentioned.

That the mentioned sub direct dominia in paragraph 4 above were imposed by William Thake by onerous title by means of the two contracts in the records of Notary Nicola Said, one of the 30th October, 1960, and the other of the 14th October, 1962 (vide Doc. A);

That presently, it is not possible for the applicants to gain information regarding the identity of the siblings Leone Francesco Gauci Sant and Emma Depiro Gourgion and/or their hers, and they do not know if they are still alive and/or if they still live in Malta.

That by virtue of the rights granted to the applicants in terms of Article 1501 of the Civil Code, they wish to redeem the sub-groundrent and also the original groundrent that may still be burdening the property in question and, for this reason, they are together with this schedule of deposit filing an application for the nomination of deputy curators to represent the unknown direct owners of the original dominium of the property above mentioned.

That the annual and perpetual subgroundrent of €18.63 equivalent to Lm8 capitalised at the rate of 5% amounts to €372.70;

That the annual and perpetual groundrent of €4.66 equivalent to Lm2 capitalised at the rate of 5% amounts to €93.17.  The applicants note that their share of the groundrent of their property is less than Lm2 because this groundrent burdens a larger land than theirs.  But they are for all intents depositing the value of the capitalisation of the whole groundrent.

For all the intents and purposes, the applicants are by means of this present depositing the amount of €93.17 equivalent to the last five years of the annual and perpetual subgroundrent.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the  total amount of €559.04 consisting as for the amount of €372.70 representing the redemption of the sub groundrent that is due to and has to be withdrawn by Anthony Baldacchino, the amount of €93.17 representing the arrears of the last five years also payable to Anthony Baldacchino whilst the amount of €93.17 representing the redemption of the original groundrent, that is due to and has to be withdrawn by the deputy curators representing the heirs of the siblings Leone Francesco Gauci Sant and Emma Depiro Gourgion and this after leaving the relative receipt.

 Depositors:   Matthew Spiteri, 60, Ave Maria, Triq il-Mitħna, Siġġiewi SGW 1500, Malta

Mario Spiteri,  54, Cuore di Gesù, Triq it-Tabib Nikol Zammit, Siġġiewi SGW 3070, Malta

Notification:  Anthony Baldacchino, Mirage, Triq Ramija, Siġġiewi SGW 1111, Malta

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta

Registrar of Lands, Casa Bolino, Triq il-Punent, Valletta

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 the 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 Lawrence Mintoff, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 14th December, 2020, on the application of HSBC Bank Malta plc (C3177), Thursday, 21st January, 2021, at half past eleven in the morning (11.30 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:

Maisonette on first floor level internally numbered six (6), forming part of an unnumbered block of buildings, named as 'Meridjan', in Triq is-Sikka, Marsaskala, as well as pro rata share of the common parts and services of the common parts and areas of the block including the common stairwell(s), the landings, the shafts and internal yards, the fixtures and fittings, rainwater and drainage systems, the common front garden, parapet walls, the ramp, the forecourt, and of all other common areas in the basement level of the block, including the washroom and the terrace which portion is at the back of the block of buildings, on the third floor, and its overlying airspace usque ad coelum. This property is bounded on the South East by the said street, on the North West by property of John Cutajar and on the North East by property of Muscat Scerri, with the right in favour of the groundfloor maisonette only to install a water tank, communal television aerial, communal satellite dish and right of access at reasonable times for maintenance and repairs, valued at two hundred and eighty thousand euro (€280,000).

The garage internally marked number one (1) at basement level, accessible from a private drive in, abutting onto Triq is-Sikka, Marsaskala, including the pro rate share of the common parts with the other owners of the other garages in the same block and to contribute pro rate for the maintenance of the common parts, with other conditions as described in the procurement contract dated twenty seventh August, two thousand and four (27.08.2004), valued at twenty thousand euro (€20,000).

These properties enjoy and are subject to servitudes resulting from their position in the same block, including the use of services which may be passing through the overlying and/or underlying properties in the same block, as well as the underlying garages, subject to an annual and perpetual ground rent of forty-three euro and twenty three cent (€43.23) otherwise free and unencumbered, with all their rights and appurtenances.

The said tenement is the property of Short Kevyn Brian (British passport number 702557531) as represented by Dr Fransina Abela and LP Gerald Bonello as deputy curators for the absent

N.B. The said tenement will be sold as described in the acts of judicial sales number 38/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 30th November, 2020, in the records of the Application in the names Samir Lofti Fahim Tawdrous vs Enes Casha, Application 225/14 AL, the following publication was ordered for the purpose of service of the respondent Enes Casha, in terms of Article 187(3) et sequitur of Cap.12.

By means of an Urgent Application,presented, in the Civil Court (Family Section) in the names Samir Lofti Fahim Tawdrous vs Enes Casha, on the 1st October, 2020, the applicant Samir Lofti Fahim Tawdrous, premised and asked,

That by means of a decree of this Honourable Court, of the 23rd April, 2018, his access to the minor was immediately stopped and this following a report made by the Childrens' Advocate Dr Stephanie Galea;

That before the access was stopped the interpellant had an access which was regulated by means of a decree of the 30th March, 2017, whereby the access had to be made under supervision;

That the respondent did her utmost to cut off the interpellant from his daughter;

That on the 30th September, 2020, two police officers from the police station in B'kara, went to the interpellant's home and informed him that the minor was 'missing' and that they wished to see whether she was with him;

That the interpellant believes that the minor is being treated badly by her mother because her mother was always the source of his trouble and the breaking of his relationship from his daughter.

Thus the interpellant is asking this Honourable Court:

1. To ask the Agency Appoġġ to investigate this case and the situation of the minor;

2. Order the Commissioner of Police to take all the necessary steps to ascertain that the minor is safe and sound,

… omissis …

4. Order that if it be the case the minor go and live with the interpellant,

and this according to the conditions it deems fit to impose.

Applicant: 13, Triq il-Qasab, Birkirkara

Notify Respondent: 30, Okella Agius, Triq Ħal Qormi, Ħamrun

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

It ishereby 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 9th December, 2020, and this after a written plea numbered 919/2020, Ordered:

The correction of the Act of Death of Peter Paul Azzopardi, bearing number 153 of the year 1990, so that in the column with the heading: “Whether married or unmarried, widow or widower" all words are deleted and replaced by the words “Widower in the first instance of Assunta née Said, in the second instance of Josephine née Said and husband of Maria née Mercieca".

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 9th December, 2020, and this after a written plea numbered 898/2020, Ordered:

The annotation of the Act of Birth of Carlos Alberto Riquelme Galeano when he is to be registered in the Malta Public Registry so that the original name is changed from 'Carlos Alberto' to 'Eitan' and his surname from 'Riquelme Galeano' to 'Tal (Riquelme Galano)'.

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 14th December, 2020, and this after a written plea numbered 1025/2020, Ordered:

The correction or annotation of the Act of Birth of Richard Stephen A' Wood-Tayler when such Act of Birth is registered in the Public Registry of Malta so that the name “Richard Stephen" and the surname “A'Wood-Tayler" is known.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given, by the Civil Court (Family Section) on the 16th October, 2020, in the records of the Sworn Application in the names Chircop John pro et noe vs Zammit Julia, Application number 225/2019 AGV, the following publication was ordered for the purpose of service of the respondent Julia Zammit in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the Civil Court (Family Section) in the names John Chircop (ID 589490M) in his own name and in the name of his minor son … omissis …, who was born on the 23rd August, 2016, vs Julia Zammit (ID 13292M),  on the 27th October, 2019, respectfully pleaded and asked:

1. That the interpellant had a relationship with the defendant and from this relationship the minor … omissis … was born on the 23rd August 2016;

2. That the relationship between the parties finished.

Thus the interpellant asked this Honourable Court why for the reasons premised in the application it should not:

1. Order that the care and custody of the minor … omissis … be joint between the parties;

2. Confirm the maintenance which the plaintiff is to pay tothe defendant for the minor and other expenses;

3. Order that the access of the plaintiff towards the minor … omissis … be as demanded in the application.

With costs against the defendant summoned so that a reference to her evidence be made.

The Sworn Application Chircop John pro et noe vs Zammit Julia, Application number 225/2019 AGV, has been deferred for hearing to the 19th January, 2021, at 9.00 a.m.

Applicant: 30, Madliena Heights, Ta' Stronka Road, Madliena, Swieqi

Defendant: Shangrila, Triq il-Kartoċċ, Tal-Ibraġġ, Swieqi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

DKR 86/2018 – Variation of a Freezing Order

It is being notified that by a decree dated 3rd December, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) following an application filed by Osama Annajar on the 28th October, 2020, Compilation number 370/2018, in the case in the names:

The Police

(Inspector Justine Grech)

versus

Tristen Kyle Pisani;

Annajar Osama Soleman A, 42 years, son of the late Soleiman and Miriam, born in Libya on the 26th February, 1978, residing at 136, Zenith Court, Flat 1, Triq Stiefnu Zerafa, Ħal Għargħur, Malta, and holder of Maltese identity card bearing number 41146A;

and

Boulqassim Khalleefah Aboulqassim Almigheerbi

The Court authorised the accused Annajar Osama Soleman A to continue to pay his car loan with account number 40024749569 and his solar panel loan with number 40024277468 which he has with Bank of Valletta plc.

This variation is made in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta following a freezing order dated 14th June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr L. Stafrace Zammit, BA, LLD) which was published in the Goverment Gazette of the 28th June, 2018, 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 Tristen Kyle Pisani, Annajar Osama Soleman A and Boulqassim Khalleefah Aboulqassim Almigheerbi.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 240/2020 – Cancellation of a Freezing Order

It is being notified that by a decree dated 3rd December, 2020, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature  (Magistrate Dr Doreen Clarke, LLD) following an application filed by John Fenech on the 13th October, 2020, and following the execution of judgement given by the same Court on the 19th December, 2008, Compilation number 69/2002, in the case in the names:

The Police

(Inspector Josric Mifsud)

versus

John Fenech, 57 years, son of Anthony and Martha nee' Camenzuli, born in Tal-Pietà, Malta, on the 24th February, 1963, residing at 1B, Triq Durumblat, Mosta, Malta, and holder of Maltese identity card number 167263M.

The Court ordered the cancellation of the freezing order of all the assets of the said John Fenech,  which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Miriam Hayman, LLD) by a decree dated 27th January, 2002, and published in the Government Gazette of the 1st February, 2002.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given, by the Civil Court First Hall, on the 15th December, 2020, in the records of the Judicial Letter number 4334/2020, in the names P&P Holdings Limited (C72713) vs Mohamed Wasim Moustafa Amin Ahmed (A06938363) et, it was ordered that the Judicial letter above mentioned be notified to the hereunder mentioned Mohamed Wasim Moustafa Amin Ahmed, holder of Egyptian passport number A 06938363, Sobhy Basha, holder of Egyptian passport number A 15963760, Mohamed Elbadawy, holder of Egyptian passport number A16295388, Hussein Ebid, holder of Egyptian passport number A 20794765 and Mohamed Ahmed Mohamed Elshami, holder of Egyptian passport number A17710833, by means of this publication and this for the purposes of Article 2130(2) of Cap. 16 of the Laws of Malta.

In the First Hall Civil Court

To: Mohamed Wasim Moustafa Amin Ahmed (Egyptian Passport A06938363) Sobhy Basha (Egyptian Passport A 15963760) Mohamed Ebadawy (Egyptian Passpġort A16295388), Hussein Ebid (Egyptian Passport A20794765) and Mohamed Ahmed Mohamed Elshami (Egyptian Passport A 17710833)

Sharm, Hay Elsalam Building, Nr 1, Flat Nr 10, Sharm Elsheikh, Egypt

By the present judicial letter P&P Holdings Limited, a commercial partnership registered in Malta with registration number C72713 and with its address at 3, Sant' Agata, Street, Rabat, Malta, whilst referring to your engagement or either of you in order to carry out works on the vessel with the name Scrooge, registered in Malta, with registration number 18007, as well as services related with the transportation of the same vessel from Egypt to Malta calls upon you in order to come forward to the liquidations of damages caused to it resulting from your acts or abusive omissions or either of you.

That till this day the interpellant has not been compensated for the substantial damages it suffered, which damages were caused solely due to the fault or negligence from your part.

In default that you abide the interpellant shall have no alternative but to proceed against you according to law, including the issuing of the precautionary warrants against you.

This judicial letter is being sent in terms of Article 2128 of Cap. 16 of the Laws of Malta.

With costs and saving any action due to the interpellants against you.

So much so that you may know how to proceed and regulate yourselves.

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 15th December, 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 Organisation and Civil Procedure.

Anthony Cefai, senior technical officer, son of the late John Cefai and Maria née Buttigieg, born in Fontana, Gozo, on the thirty first (31) May one thousand nine hundred fifty eight (1958), holder of identity card number 27658G and Josephine Cefai, midwife, wife of Anthony Cefai, son of the late Joseph Bonnici and the late Anastasia née Camilleri, born in Xewkija, Gozo, on the thirty first (31st) July one thousand nine hundred sixty one (1961) and both residing at Mater Dei, Mġarr Road, Xewkija Gozo, holder of identity card number 35761G, respectfully submit:

That exponents are the owners of the tenement without an official number and name which tenement is currently being constructed on the parcel of land which land formed part of a larger piece of land known as 'iċ-Ċnus ta' San Ġwann' limits of Xewkija, Gozo, and measuring approximately two hundred ninety nine point three square meters (299.3m.k.), and in part intended for the formation of the street, bounded on the south with a cliff edge, East with property of Emanuel and Josephine spouses Vella, and West by property of Giuseppa Cauchi, as indicated with letter 'A' and outlined in colour red on the plan and site plan annexed and marked as document 'A', and that part intended for the formation of the street is marked with the colour yellow on the same plan, free and unencumbered from any ground rent, burdens and servitudes and with vacant possession and with all its rights and appurtenances. Spouses Cefai acquired the mentioned property from Josephine Cassar as assisted by her husband Michael Cassar in virtue of a deed of sale in the records of Notary Enzo Dimech dated thirteenth (13th) March two thousand and fifteen (2015) a copy of which is hereby being attached and marked as Document 'B'. This property was inherited by Josephine Cassar from the succession of her father Giorgio Buttigieg who died on the twenty third (23rd) October 1996 who was in turn assigned the property by virtue of a deed of Partition in the records of Notary Francesco Gauci dated third (3rd) January, 1957 from which act it resulted that this land together with another portion of land is subject to fifty six euro cents (€0.56) annual and perpetual ground rent, previously equivalent to twenty four Maltese cent (Lm0.24c), which act is hereby being attached as document 'C'. Therefore, the property in question is subject to fifteen-euro cents (€0.15c);

That the exponents wish to avail themselves of the right to redeem the ground rent in terms of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and thus liberate the property. The dominus are unknown to the exponents and thus the redemption is being made against nominated curators in order to represent the unknown dominus;

That the sum of seventy-five euro cents (€0.75c) represents the payment of arrears due of the last five (5) years;

The amount of fifteen-euro cents (€0.15c) capitalized at the rate of five per centum (5%) according to law amounting to three euro (€3.00);

The exponents have already paid the duty on documents due on this redemption as seen on the attached receipt marked as document 'D'.

Whereas the exponents applies to this Honorable Court and deposits under its authority for all intents and purposes of law the sum of three euro and seventy five cents (€3.75c), which sum deposited represents the redemption of seventy five euro cents (€0.75c) representing the payment of arrears of the last five years and the payment of three euro (€3.00) represents the redemption of the ground rent of fifteen euro cents (€0.15c) capitalized at the rate of five percent (5%) according to law and which sums deposited can be released to the person or persons who is/are entitled to receive such payment after leaving due receipt according to 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 LLD, M. Jur., (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals