Court Notices published in Govt. Gazette no 20,581 of 2nd March 2021

By a decree of the Court of Magistrates (Malta) of the 16th November, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12) in regard of Bo Patrick Alvegren who was called into suit as third party.

Valhmor Borg Import Export Limited (C3062) of Pinto Wharf, Marsa, filed a Claim on the 15th May 2020, whereby they asked the Court to condemn Tapaz Malta Limited (C79769) as principal debtor and Christopher Mckay (ID 32891M) as suerity together and in solidum with the principal debtor and Bo Patrick Alvegren (ID 39421A) who was called into suit as third party by means of a decree dated 24th September, 2020, of 1652, Pender gardens, Triq Ivo Muscat Azzopardi, St Julian’s, to pay the plaintiff company the sum of €7149.58, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 60/2020RM) is deferred to the 8th March, 2021, at 9.10 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 12th October, 2020, on the application of Bank of Valletta plc (C2833), Tuesday, 13th April, 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:

Shop named ‘Peppi Store’ without number in Triq it-Tlieta u Għoxrin (23) ta’ April, Ħal Qormi, including the backyard, bounded South by Triq it-Tlieta u Għoxrin (23) ta’ April, West by property of Nazzarena Bugeja and East by property of heirs of Antonia Mifsud or her successors in title, free and unencumbered, with all its rights and appurtenances, underlying third party property and with free and vacant possession, valued at one hundred and forty eight thousand euro (€148,000).

The said tenement is the property of Dalli Saviour (ID 88258M) and Dalli Catherine (ID 77759M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 35/2020.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty forth (24th) of February of the year two thousand and twenty one (2021) (Decree number 23/2021BS following application number 83/2020BS) Ivan Formosa, unemployed, bachelor, son of Victor Formosa and Josephine née Grima, born in Tal-Pietà, Malta, and resides in San Lawrenz, Gozo, holder of identity card number 0143404L, has been confirmed Interdicted from all acts of civil life.

Josephine Formosa, housewife, wife of Victor Formosa, daughter of the late Guseppe Grima and Teresa née Apap, born and resides in San Lawrenz, Gozo, holder of identity card number 3261G, has been nominated as his curator, by virtue of the said decree.

Voluntary Jurisdiction

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 4th February, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1764/2020 in the names Margaret Mula vs Quintin Zammit et the following publication was ordered for the purpose of effecting service on the respondents Quintin Zammit and Janet Mercieca in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Quintin Zammit and Janet Mercieca of 8, Triq Luigi Fontana, Ħaż-Żebbuġ

By the present Margaret Mula (ID 479581 of Sunflowers Flats, Flat 2, Triq Patri J Bonelli, Rabat, Malta, primarily referes to the work done by you recently where you built a roofed structure, which roof is attached to the facade of the interpellant. In addition, this roof built by you goes beyond the half of your partition wall with the consequence that part of this roof is therefore located on the side of the interpellants wall. Reference is also made to the tiles you placed on the low wall from the interpellants side that is separating your galleries from the interpellants. This wall is a partition and therefore you had no right to place this tile on the said wall.

Secondly, the interpellant also refers to the various items, including water packs and cardboard boxes that are being left by you in the common parts of the block in which you reside. This is becoming an obstacle and a burden on the interpellant and on the other residents living in the same block. Great danger is also being created for the interpellant as the said objects are even being placed in front of the stairs and landing in the same block so it is very easy for the interpellant to be injured solely because of these objects and this against the law of the condominium.

Finally, Janet Mercieca is harassing the interpellant as she is using foul and offensive language to address the interpellant, which is causing the interpellant a grave molestation and this in breach of the principle of good neighbourliness; in addition this behaviour may be considered in breach of criminal law.

Thus, you are being solicited that in the first instance your remove the roof structure from the wall of the interpellant as well as the tiles placed on the wall within ten (10) days . Secondly, you refrain from continuing to place objects that are being placed in the common parts of the block by you with the aim of obstructing the passage as well as the stairs. Finally Janet Mercieca is also solicted in order to stop harassing the interpellant.

In default, the interpellant will be constrained to proceed further against you by all means permitted by law including the issuance of the appropriate warrants.

With costs

Notification: Frank Mangion, Admin Condominium Services Ltd

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th December, 2020, in the records of the judicial letter number 919/2020, in the names Zammit Finance plc vs Sandro Agius, the First Hall of the Civil Court ordered the following publication for the purpose of service of the respondent Sandro Agius in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Sandro Agius (ID 485775M), 53, Flat numru 5, Triq il-Kappuċċini, Floriana

By means of this present Zammit Finance plc (C 70870) of Raymond Autodealer, Triq l-Imdina, Ħaż-Żebbuġ, whilst making reference to the constitution of debt (document here attached and marked as Doc. A) in the acts of Notary Mario Bugeja of the 9th May, 2018, is rendering the same executable in terms of Article 253 and 256 of Cap. 12 of the Laws of Malta and solicits you so that within two (2) days you pay the interpellant company the sum of €9,214.34 together with interest due of 8% from the date of the public act dated 9th May, 2018, which amount is sure, liquid and due.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 26th November, 2020, in the records of the Application in the names Rokku sive Ronnie Polidano vs Carmen Polidano, Application number 288/20 AL, the following publication was ordered for the purpose of service of the respondent Carmen Polidano, in terms of Article 187(3) et seq of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the names Rokku sive Ronnie Polidano (ID 0578362M) vs Carmen Polidano (ID 541760M) on the 1sy September 2020, the applicant Rokku sive Ronnie Polidano (ID 0578362M) asked this Honurable Court, to pronounce the dissolution of marriage between the parties and uphold the other demands in the application.

The Application in the names Rokku sive Ronnie Polidano vs Carmen Polidano, Application number 288/20 AL, has been deferred for hearing to the 4th March, 2021, at 9.15 a.m.

Notify Respondent: 382, St Mary, Fl 4, Vjal l-Indipendenza, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar,Civil Courts and Tribunals

By means of a decree of the 30th March, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2218/2019 in the names Automated Revenue Management Services Ltd pro et noe vs Ivan Gerald Zammit, the following publication was ordered for the purpose of effecting service on the respondent Ivan Gerald Zammit in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Ivan Gerald Zammit (ID 479166M) ta’ 46, Triq ix-Xatt, Tas-Sliema

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 €8,764.65, 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 the bill number 101000248472 for the premises 28, Triq id-Dar tal-Kleru, Birkirkara.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd June, 2020, given by the Civil Court First Hall in the records of judicial letter number 5021/2019, in the names Registrar of Civil Courts and Tribunals vs Jacqueline Field, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur Cap. 12.

In the First Hall of the Civil Court

To Jacqueline Field of La Casita, Triq Moroni, Gżira

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €1,226 due by you as Registry fees in connection with the law suit in the names:

Pace Mark Emanuel vs Field Jacqueline (LSO), decided on the 16th July, 2019.

You can also pay online by accessing the website (ecourts.gov.mt) and choose the link ‘Ħallas id-Dritt tar-Reġistru tal-Qorti’ (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.

So much for your own guidance

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th October, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1032/2020 in the names No Deposit Cars Malta Limited vs Jessica Azzopardi the following publication was ordered for the purpose of effecting service on the respondent Jessica Azzopardi in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Jessica Azzopardi (ID 401097M) of 76, Bella Vista, Fl 8, Triq il-Ballut, Ħ’Attard

By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, San Giljan (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 €1,200 (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 24th October, 2019, 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 1 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th October, 2019, and which sum has to date not been paid; 

2. Bill of exchange number 2 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th November, 2019, and which sum has to date not been paid; 

3. Bill of exchange number 3 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th December, 2019, and which sum has to date not been paid; 

4. Bill of exchange number 4 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th January, 2020, and which sum has to date not been paid; 

5. Bill of exchange number 5 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th February, 2020, and which sum has to date not been paid; 

6. Bill of exchange number 6 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th March, 2020, and which sum has to date not been paid; 

7. Bill of exchange number 7 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th April, 2020, and which sum has to date not been paid; 

8. Bill of exchange number 8 in the amount of €150 issued by the defendant in favour of the company, which bill of exchange was due on the 24th 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.

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 Civil Court of Voluntary Jurisdiction Section, on the 13th November 2020, Application number 1490/2020, by Assunta Mamo et whereby they requested that it be declared open in favour of Mary Mercieca and Theresa Chircop sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them; in favour of Assunta and Josephine sisters Mamo, children of the late Carmelo Mamo the latter brother of the decujus in the quota of one fifth (1/5) undivided share between them; in favour of Anthony, Alfred, Rita, Rose and Catherine brothers and sisters Mamo children of the late Gerardo Mamo the latter brother of the decujus in the quota of one fifth (1/5) undivided share between them and in favour of Lawrence, Michael, John, Carmel, Joyce and Domenica brothers and sisters Camilleri, children of the late Emanuela Camilleri the latter sister of the decujus in the quota of one fifth (1/5) undivided share between them the Succession of Lawrence Mamo, bachelor, son of Dominic Mamo and Giuseppa née Mercieca, born in Cospicua, Malta, resided in Żejtun, Malta, and died in Msida, Malta, on the 28th February, 2020, aged 81, and who held identity card number 0559338M.

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 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 8th January, 2021, Application number 37/2021, by Marcon Caruana and Victor Caruana, whereby following the application Francis known as Francesco Camilleri, bachelor, son of the late Francis Camilleri and Marie Josephine née Azzopardi, born in Rabat, Malta, on the 20th May, 1934, and residing at St Vincent de Paul Residence limits of Ħal Luqa, aged 86, and holding identity card number 0394534M was interdicted from all the acts of the civil life by means of a decree given on the 2nd February, 2021.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of a decree of the 18th January, 2021, of the Rent Regulation Board, in the records of the Application in the names Norman Cini et vs Maria Tabone et, Application number 199/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Maria Tabone 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 Norman Cini (ID 46958M), Martin Cini (ID 278453M), Raymond Cini (ID 500556M)), Alexandra Bartolo (ID 716460M) and Miriam Camilleri (ID 899454M) siblings Cini and as heirs of the late Abraham Cini and Guseppa née Galea vs Maria Tabone (ID 232466M) and the Housing Authority, filed in the Rent Regulation Board, on the 16th October 2020, the applicants Norman Cini (ID 46958M), Martin Cini (ID 278453M), Raymond Cini (ID 500556M)), Alexandra Bartolo (ID 716460M) and Miriam Camilleri (ID 899454M) siblings Cini and as heirs of the late Abraham Cini and Guseppa née Galea where they asked this Honourable Board why it should not:

1. Declare and decide that the respondent Tabone is the tenant of the premises 93, Triq Vincenzo Bugeja, Ħamrun, in terms of Act XXIII of 1979 which was originally granted for 21 years under the title of temporary sub-emphyteusis in terms of the contract of the 5th May 1983 in the records of Notary Dr Joseph Cachia, document A;

2. Order that the means test of the tenant Tabone be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any regulations that may from time to time replace them, which text shall be based on the income of the lessee Tabone between 1st January and 31st December, 2017, and on the capital of the lessee Tabone on the 31st December, 2017;

3. Declare and decide that in terms of Act XXVII of 2018, the rent shall be revised to an amount not exceeding 2% per annum of the free and unencumbered open market value of the premises 93, Triq Vincenzo Bugeja, Ħamrun, from the 1st January 2018 and to establish new conditions regarding the rent, and in default if the respondent Tabone does not meet the criteria of income and capital of the means test the respondent is granted a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent that was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this according to the annual rent which should have been applicable in terms of Act X of 2009 which should not be less than the annual rent due on the 1st January, 2018, which same rent is to be increased from the rent payable in the previous three years.

With costs and from now the respondent is summoned so that a reference to her oath be made.

Applicant: Norman Cini (ID 46958M), 1, Triq Ġużè Pace, Santa Venera

Martin Cini (ID 278453M), 119, Hydra, Triq Carini, Santa Venera

Raymond Cini (ID 500556M), 32, Warda, Flat 2, Triq Ħal Qormi (Turretta), Santa Venera

Alexandra Bartolo (ID 716460M), 6 Block E, Flat 3, Triq il-Franġiskani, Ħamrun

Miriam Camilleri (ID 899454M), Renmary, Triq il-Qroll, Żurrieq

Respondent: Maria Tabone, 96, Triq Vincenzo Bugeja, Ħamrun

Housing Authority 

The application in the names Norman Cini et vs Maria Tabone et, Application number 199/2020SG, has been postponed for hearing to the 24th March, 2021, at 9.40 a.m. 

ALEXANDRA DEBATTISTA

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 20th February, 2021, and this after a written plea numbered 167/2021, Ordered:

The annotation or correction of the birth certificate of Toy Munnin bearing number 970 of the year 2011 hereby and only that her name is indicated as ‘Chutima’ instead of ‘Toy’.

Court of Revision of Notarial Acts

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

By a decree of the Small Claims Tribunal of the 6th March, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

GO plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 2nd March 2020, whereby they asked the Tribunal to condemn Wennberg John Mikael Mathias (ID 174786A) of Johndory, Flat 4, Triq l-Arznell, San Pawl il-Baħar, to pay the plaintiff company the sum of €1987.09, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 66/2020KCX) is deferred on the 5th March, 2021, at 12.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 5th February, 2021, Application number 197/2021 by Carmela sive Carmen Bray et whereby they requested that it be declared open in favour of Carmela sive Carmen Bray, wife 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 Ingrid Sciberras Bray and Kenneth Bray, children of the decujus in equal shares between them the Succession of Joseph Bray, husband of Carmela sive Carmen Bray née Agius, son of the late Henry Bray and Maria Stella Bray née Busuttil, born in Paola, Malta, resided in Isla, Malta, and died in Msida, Malta, on the 12th October, 2020, aged 71, who held identity card number 0061949M.

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 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 21st January, 2021, Application number 100/2021, by Carmen Borg whereby she requested that it be declared open in her favour the Succession of her husband, Paul Borg, son of the late Loreto Borg and Margherita née Camilleri, born in Ħaż-Żebbuġ, Malta, resided in Ħaż-Żebbuġ, Malta and died in Ħaż-Żebbuġ, Malta, on the 7th November, 2019, aged 65, who held identity card number 0763154M.

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 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 11th November 2020, Application number 1473/2020 by Christopher and Emanuel brothers Dalli whereby they requested that it be declared open in their favour in equal shares between them the Succession of their father Edgar Dalli, widower of Ricarda née Scicluna, son of Rosario and Antonia née Cassar, born in Ħal Tarxien, Malta, resided in Ħal Tarxien, Malta, and died in Msida, Malta, on the 8th March, 2019, aged 64, who held identity card number 594154M.

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 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 6th November, 2020, following a request by Isabel Bonanno et it was ordered that deputy curators be chosen to represent unknown owners in the acts of the schedule of deposit number 1671/2020 in the names Isabel Bonanno et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent filed in the First Hall of the Civil Court, in the names Isabel Bonanno, house wife, wife of Philip, born in Tas-Sliema on the 3rd July, 1950, and residing in Gżira (ID 564350M), Helen Cilia de la Corte, pensioner, widow of Anthony, born in Tas-Sliema on the 5th November, 1953, and residing in Pembroke (ID 783553M), Maria Stella sive Marisa Grixti housewife, wife of Edwin Grixti, born in San Ġiljan on the 18th August, 1955, and residing at Bethel, Triq Francesco Balbi, San Ġiljan (ID 577855M); Bernardette sive Nadine Gatt, legally seperated from Martin Gatt, born in San Ġiljan on the 8th February, 1958, and residing in San Ġiljan (ID 118958M) siblings Borg Cardona, children of the late Philip and Pauline née Brincat; Edward Borg Cardona, senior administrator, son of the late Austin and Josette née Bugeja born in San Ġiljan on the 29th November, 1980, and residing in San Ġwann (ID 74681M); Doctor Adrian Borg Cardona, lawyer, son of the late Captain Maurice and Virgina née Stellini born in Tas-Sliema on the 13th July, 1953, and residing in Ħal Balzn (ID 538653M); Stanley Victor Borg Cardona, pensioner, born in Birkirkara on the 3rd September, 1947, and residing in San Pawl il-Baħar (ID 808147M); Colin Borg Cardona, pensioner, born in Ħal Lija on the 10th December 1949 and residing in Marsaskala (ID 1350M); Christopher Borg Cardona, pensioner, born in Tas-Sliema on the 9th May, 1951, and residing in Tas-Sliema (ID 643751M), Simon Borg Cardona in business, born in Ħ’Attard on the 6th November, 1964, and residing in Naxxar (ID 576964M) siblings Borg Cardona children of the late Captain Maurice and Virginia née Stellini vs Deputy Curators to represent the unknown owners, filed on the 4th November 2020 the applicants Isabel Bonanno (ID 564350M), Helen Cilia de la Corte (ID 783553M), Maria Stella sive Marisa Grixti (ID 577855M); Bernardette sive Nadine Gatt (ID 118958M), Edward Borg Cardona (ID 74681M); Dr Adrian Borg Cardona (ID 538653M); Stanley Victor Borg Cardona (ID 808147M); Colin Borg Cardona (ID 1350M); Christopher Borg Cardona (ID 643751M) and Simon Borg Cardona (ID 576964M) respectfully submitted:

They have inherited the garden without number and without name in Triq il-Mitħna, Ħal Balzan which garden is bounded from the South with the said road, from the south west with Wied Ħal Balzan and from the other boundaries with unknown third party property.

That originally this garden was acquired by their predecessor, Hugh Borg Cardona, by means of a contract of the 29th July, 1965, in the records of Notary Dr George Cassar, from Thomas, Josephine, Carmelo, Mary, Domenic and Alfred brothers and sisters Borg children of Vincent Borg and Enrichetta née Busuttil and from the same Enrichetta Borg. This garden, which at that time was bounded from the south west Balzan Valley, from the south east with Triq il-Mitħna and from the north east with property of Nicola Fenech Clarke, is subject to the annual and perpetual groundrent and sub groundrent of Lm27-12 s-½ equivalent to €64.35 – a copy of which contract is attached and marked as document A;

That the predecessor of the said sellers Borg had acuired the property from Giovanni Magro by means of a contract of the 2nd April, 1958, in the records of Notary Dr Joseph Brincat – a copy of which contract is attached and marked as document B;

Hugh Borg Cardona died on the 19th September, 2019, and through his last will of the 6th March, 2013, in the records of Notary Dr Luke Caruana he annulled every will he had made and amongst various legacies he bequeathed as his universal heirs in the quota of one-third (1/3) undivided share to the four (4) children of his brother Philip Borg Cardona, Isabelle Bonanno, Helen Cilia de la Corte, Marisa Grixti and Bernardette Gatt; to Edward, son of Austin Borg Cardona and to the five (5) children of his brother Maurice Borg Cardona, Stanley, Colin, Christopher, Adrian and Simon.

A copy of the declaration causa mortis of Hugh Borg Cardona made by his heirs by means of a contract of the 15th July, 2020, in the records of Notary Dr Gerald Spiteri Maemple is attached hereto and marked as document C;

That the groundrent described above is not being paid and the applicants do not know who the heirs of the grantors are.

That together with this shedule of deposit the applicants are filing an application for the appointment of deputy curators in order to represent the interest of the unknown heirs of the grantors of the said garden.

Firstly, the applicants wish to pay five (5) years groundrent and that is the amount of €321.75 to the heirs of the grantors.

Secondly, the applicants wish to redeem the annual and perpetual groundrent above described and this in terms of Article 1501 of Cap. 16.

According to the contract of sub emphyteusis in the records of Notary Doctor Angelo Sammut of the 13th May 1953 which took place between the grantor Paolo Grixti and Giovanni Magro, the redemption of the groundrent, or rather, sub groundrent is at the rate of 3% - a copy of this contract is attached and marked as document D.

That the groundrent of €64.35 capitalised at the rate of 3% amounts to €2,145.

Thus, the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €2,466.75 consisting of the sum of €321.75 representing arrears of the groundrent, whilst the amount of €2,145 is the relative capital value by 3%, which amount may be freely withdrawn by the heirs of grantor of the gardne without name and without number that is found in Triq il-Mitħna, Ħal Balzan, and this after leaving the relative receipt according to law.

Applicants: 1. Doctor Adrian Borg Cardona, 20 Ciklamina Triq il-Qarċella, Ħal Balzan

2. Maria Stella sive Marisa Grixti, Bethel, Triq Francesco Balbi, San Ġiljan

Notification: 1. Deputy curators, Law Courts, Valletta

2. Director Public Registry, Valletta

3. Director of Lands, Casa Bolino, 116, Triq il-Punent, 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 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. Madam Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 16th October, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Michael Attard Imports Ltd (C34433) of National Road, Blata l-Bajda, filed a Claim on the 6th October, 2020, whereby they asked the Tribunal to condemn Joseph Alfred Schembri (ID 387695M) of 22, Flat 1, Villa Leone Apartments, Triq Nazju Cortis, Ħal Lija, to pay the plaintiff company the sum of €3011.88, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 229/2020SFJ) is deferred on the 23rd March, 2021, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 5th January, 2021, following a request by Duo Nova Developments Limited it was ordered that deputy curators be chosen to represent the heirs of Anthony Scicluna Spiteri and of Margaret Sciculuna Spiteri and to represent the direct unknown owner or owners in the acts of the schedule of deposit number 1972/2020 in the names Duo Nova Developments Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent filed in the First Hall of the Civil Court, in the names Duo Nova Developments Limited (C82702) vs deputy curators to represent the heirs of Anthony Scicluna Spiteri (ID 633034M) and of Margaret Scicluna Spiteri (ID 393930M) and to represent the unknown direct owner or owners, filed on the 22nd December, 2020, the applicant Duo Nova Developments Limited respectfully submitted:

That the applicant company is the owner of the sit previously already occupied by the premises that is the house without number named Manor House, in Birkirkara Hill, San Ġiljan, and bordering the same property that is built on a divisable portion of land from the territory known as Ta’ Wied Ballut forming part from the fields of ‘Tal-Mejeli’ and ‘Tat-Tazzi”, from the South with the said road, from the North in part with the estate of Giuseppe Balzan and in part with the estate of the Birkirkara parish church and in part with the estate of Carmelo Pulo and from the east with the estate of Francis Bezzina Wettinger or his successors or other correct boundaries. This premises is better described on the site plan here attached and marked as Doc. DN1;

That from a broad interpretation of the act published in the records of Notary Ann Fenech Adami dated 25th September, 2006 – vide Doc. DN2, it result that the respondents imposed a groundrent, that is an increase of the annual and perpetual groundrent for the amount of Lm38.38,8 equivalent to €89.42;

That the applicant company wish to avail itself of the option given to it by the dispositions of Article 1501 of the Civil Code and redeem the groundrent above mentioned;

The applicant company does not know to whom the canano is due and thus it is not being paid;

That together with this schedule of deposit, the applicant company is filing an application for the nomination of deputy curators to represent the interest of the unknown owners or their successors in title;

That the annual and perpetual groundrent of €89.42 capitalised with the rate of 5% amounts to €1,788.40; 

That the applicants wish to pay five years groundrent arrears and that is the sum of €447.10 whilst for all intents they are paying the laudemium in the amount of €89.42.

Thus the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €2,324.92 which amount may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: Duo Nova Limited, Portughes House, Triq l-Imprendituri, Mrieħel Industrial Estate, Birkirkara

notification: 1. Deputy Curators, Law Courts, Valletta

2. Director Public Registry, Triq id-Dejqa, 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 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 Francesco Depasquale LLM (IMLI) LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 22nd January, 2021, in the records of the judicial letter number1344/2020, in the names Mapfre Middlesea plc et vs Northwind Investments Ltd, the Courts of Magistrates (Malta), ordered the following publication for the purpose of effecting service on the respondent company Northwind Investments Limited, in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

In the Courts of Magistrates (Malta)

To Northwind Investments Limited (C58232) of 195, Helen Flats, Flat 2, Naxxar Road, San Ġwann

By means of the present Mapfre Middlesea plc (C5553) of Middlesea House, Floriana, as subrogated by policy and at law in the rights of its insured Garden of Eden Limited (C17525) of Garden of Eden, Sqaq il-Wilġa, Ħal Għaxaq, and the same Garden of Eden Limited, solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsabilities for the road accident which occured on the 23rd March, 2019, in Dawret il-Gudja, Gudja, where the vehicle driven by Julian Spiteri with registration number GPY 067 was damaged due to repairs being carried out on the said road, despite the fact that the road was open to traffic, and there were no adequate signage, as well as to pay the total amount of €979.88 representing the damages suffered by the interpellants.

This letter is being sent for the effects and purposes of law especially in terms of Cap. 104 of the Laws of Malta and serving to interrupts the prescription in terms of article 2128 of Cap. 16 of the Laws of Malta.

In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.

With costs of this present and legal interest till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 15th October, 2020, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 15th February, 2021, on the application of HSBC Bank Malta p.l.c. (C3177), Thursday, 27th May, 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, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement officially numbered one hundred and thirty-eight (138) and named Whoopie in Triq San Albertu, Gżira. The tenement has its own entrance on the ground floor level and is built on two floors, habitable on the first and second floor, with its own airspace and with all its rights and appurtenances. This tenement is overlying third party property together with common drainage system and as well as windows servitudes overlooking onto the said ground floor yard. This property was acquired from the debtor Samah Mansour and Simon Galea as per contract in the acts of Notary Nathalie Pace Asciak dated fifteenth May, one thousand nine hundred and ninety nine (15.05.1999). Samah Mansour has been assigned half the share of Simon Galea through a separation contract dated twenty sixth October, two thousand and four (26.10.2004) in the acts of Notary Nicholas Briffa and valued at three hundred and fifty-five thousand euro (€355,000)

The said tenement is the property of Mansour Samah (ID148406L) and Aleaddin Halbie (ID35069A) for any interest he may have.

N.B. The said tenement will be sold as described in the acts of judicial sales number 54/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 14th January, 2021, in the records of the Application in the names Andre Cauchi et vs Teresa Azzopardi, Application number 351/2010/1, the following publication was ordered for the purpose of service of the defendant Teresa Azzopardi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, Writ of Summons number 351/2010, Andre Cauchi (ID 122755M) Pierre Cauchi (ID799950M) Angele Cauchi (ID 578147M) Monique Cauchi (ID 353352M) and Cecile Cauchi (ID210457M) all siblings Cauchi vs Teresa Azzopardi , on the 14th April, 2015, the interpellants Andre Cauchi et respectfully pleaded:

1. That the interpellants had presented a writ of summons whereby they premised that they had granted on lease to the respondent’s father the premises, 5, Bay Street, St Julian’s. That after the death of her sister Carmen Buhagiar, on the 27th September, 2007, the same respondent in a most abusive manner entered the premises and this without any valid title at law and without the applicant’s permission;

2. Thus, the interpellants asked this Honourable First Court to condemn the respondent to vacate the premises within a short period and to pay the damages for the illegal occupation;

… omissis …

That the Honourable First Court, with a judgement given on the 25th March 2015, upheld the pleas of the defendant and rejected the plainiff’s demands as brought forward;

… omissis …

Grievance

That the grievances of the interpellant are two, 

The First

In the judgement the Honourable First Court made assertions and declarations completely not related to that demanded in the writ of summons and that pleaded in he note of pleas.

1. This is evident from that declared by the Hon. First Court in page 4 of the judgement.

That as appears from the original application the plaintiffs are demanding the eviction of the defendant from the premises mentioned in the application, the defendant besides pleading the lack of competence is pleading that she has a title.

… omissis …

3. The plaintiff’s demand was simple or rather that the defendant was occupying the premises in any abusive manner. The pleas of the defendant were the said lack of competence ratione valoris and that the defendant had a valid title at law.

The Second

The facts of this cause had to lead the Hon. First Court to uphold the plaintiff’s demands. The judgement of the Hon. First Court is built on assertions that do not result from the facts presented before it as well from a completely mistaken interpretation of the facts before it. This brought about so that a completely incorrect judgement and not in line with the facts and in line with that pleaded, be given.

… omissis …

What the Honourable Fist Court did was exactly that it avoided to give the due decision on the proof it had before it. With respect it chose the easy way instead of doing a careful study of the proof brought before it.

Thus, the appellant whist referring to the proof produced and reserving to bring forward the proof that can be admitted at this stage according to law, humbly ask the appellant whilst referring to the proof produced and reserve to bring forward the proof that can be admitted at this sage according to law humbly ask this Honourable Court, to revoke, cancel and annul the decision given by the Honourable First Court and instead uphold the plaintiff’s demands and rejected all the pleas of the defendant, with costs of both instances against the respondent.

By means of a Notice of hearing of a cause issued by the Registry of the Superior Courts, on the 5th February 2020, and whereas the written procedures in the cause before the Court of Appeal, between Andre Cauchi,Pierre Cauchi, Angele Cauchi, Monique Cauchi and Cecile Cauchi, all siblings Cauchi vs Teresa Azzopardi,have been closed, the Court, fixed the hearing of this cause, on Thursday twentieth (20) of February, 2020, at 9.00 a.m., and deferred to the 14th January, 2021, at 9.00 a.m. and deferred to the 11th March, 2021, at 9.00 a.m.

Notify Respondent: 9, La Maria, Triq R. Caruana Dingli, San Ġwann

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals