Court Notices published in Govt. Gazette no 20,605 of 9th April 2021

By decree given by the Civil Court, First Hall, on 16th February, 2021, on the application of Sandra Caruana (ID 107873M) Thursday, 6th May, 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 Archives, Level -1 Court of Justice, Triq ir-Repubblika, Belt Valletta of the following property:

Tenement officially marked number twenty-four (24) in Triq Manuel Dimech in Ħal Għaxaq, with the admission of extraneous bidders, valued at three hundred thousand euro (€300,000)

The said tenement is the property of Sandra Caruana (ID 107873M), Carmen Mifsud (ID 62959M), Loreta sive Lorraine Azzopardi (ID 294757M), Emmanuela sive Lilian Farrugia (ID 570563M), Norbert Farrugia (ID 476081M) u Jonathan Farrugia (ID 450384M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 4/2021 and following a judgement given by Hon Judge Joanne Vella Cuschieri on the 27th Febraury, 2020, in the names of Sandra Caruana vs Carmen Mifsud et (App. No. 42.17).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 2nd of March, 2021, by the Civil Court (Voluntary Jurisdiction Section) in the Application number 35/21 filed on the 8th of January, 2021, by Elena Mallia whereas she prayed this Honourable Court to declare absent and nominate a curator for the absent John Mallia, son of Andrew Mallia and Emilia Mallia née Hopkins, born in Senglea, Malta, on the 22nd of June,1944, having an Identity Card number 615444M, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said John Mallia is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this second Edict in the Government Gazette.

By order of the Court above mentioned.

Carmen Scicluna

For the Registrar Civil Court and Tribunals

By means of a decree given, by the Civil Court (Family Section) by this Court (AL) on the 15th March, 2021, in the records of the Letter of Mediation number 256/20, in the names Sabrina Camilleri vs Jeremy Portelli, the following publication was ordered for the purpose of service of the respondent Sabrina Camilleri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in the records of the letter 256/20, in the names Sabrina Camilleri vs Jeremy Portelli, on the 20th July, 2020, the applicant Jeremy Portelli (ID 100885M) respectfully pleaded:

That by means of a decree dated 9th June, 2020, this Honourable Court had ordered the applicant to pay the sum (€300) monthly as maintenance for the minor … omissis…,

That although he did not object he asked that the amount be one within his financial means,

That the applicant as appears from the attached documents has an annual wage verging almost on the minimum and this he is not succeeding in meeting his financial obligations,

That the applicant father has every interest to participate in the upbringing of his son as well as contribute financially to this,

Thus the applicant humbly prays this Honourable Court to vary the decree dated 9th June, 2020, and instead order that the monthly payment which is to be paid for the minor by the applicant be of two hundred euro besides the costs of health and education.

By means of a decree of the 21 st July, 2020, given by the Civil Court (Family Section) presided by the Court above mentioned, it was ordered that the respondent be notified with the above application, with five (5) working days to reply.

Notify Respondent: Emanuela, Triq is-Siegħ, Swieqi

Adv. Frank Portelli, LLD

For the Register, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates), Gozo

It is hereby notified that by a decree dated 7th April, 2021 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.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 7th April, 2021, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 332/2020 of Joseph Said, retired son of the deceased John Said and Maria née Cassar, born in Nadur, Gozo, on the 2nd January 1945, and residing at 'Olliekatz', Ramla Street, Nadur, Gozo, holder of identity card number 8545G. Humbly requests:

That he is the owner of the tenement without official number and named 'Olliekatz' in an unnumbered and unnamed allery abutting unto Ramla Road, Nadur, Gozo, which tenement was constructed on a divided portion of land 'Ta' Fejn tas-Sajsu' measuring seven misure and a half equivalent to one hundred and forty point fifty one square meters (140.51sq.m.), bounded south with a passageway, west with property of the heirs of Francesco Camilleri and east with property of Anglu Said, or their successors in title or more accurate boundaries, that John Said, father of the applicant acquired by virtue of a deed in the records of Notary Giuseppi Cauchi of the eleventh (11th) October one thousand nine hundred and fifty eight (1958) as shown delineated in red on the plan and site-plan herewith annexed as Document A;

That on the said deed this portion of land is declared to be subject to the annual and perpetual ground rent of “tliet soldi" equivalent to one cent of the Maltese lira (Lm0.01c) and three cents' euro (€0.03c), but there is no declaration as to whom this ground rent is payable;

That today the applicant is the owner of the said tenement.

That the applicant wants to make use of the faculty given to him by Article 1501 of the Civil Code and redeem this ground rent, which capitalized by five percent (5%) amounts to sixty cents euro (€0.60).

That the applicant has no idea of the identity of the person or entity who might have the right to receive this ground rent.

That in order to liberate himself from all responsibility, the applicant also wants to deposit under the authority of this Court, all the arrears of ground rent due as from the date of acquisition of this land by his father John Said and therefore from the year one thousand nine hundred and fifty-eight (1958) which amount to one euro and eighty-six cents (€1.86).

Therefore, in order to liberate himself from all responsibility he is delivering to this Honourable Court and deposits under its authority the global sum of two euro and forty-six cents (€2.46c) due as above explained, which sum can be withdrawn by whom has the right to it, after leaving the relevant 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 (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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 7th April, 2021, 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.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 7th April, 2021, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 47/2021 of Martha Camilleri, widow of John Camilleri, retired, daughter of Peter Paul Attard u Emanuela née Camilleri, born in Nadur, Gozo, on the twenty first (21) of December, 1947, residing at 'God Bless USA', Triq David Cocco Palmieri, Nadur, holder of identity card number 105647G, Humbly requests:

That the claimant, in her own name, is the owner of a portion of land with no official number and bearing the name of 'God Bless USA' in Triq David Cocco Palmieri, Nadur, Gozo, built on seven hundred and twenty and two meters squared (722 m2) as highlighted and marked in red on the site plan annexed and marked as Document Y and to which property to the South confines itself with David Cocco Palmieri Street, to the West with property of the heirs of Paolo and Ursola Camilleri and to the East with property of the heirs of Nazzareno Camilleri or other boundaries.

That the above-mentioned property was bought in view of the contract which was carried out by Notary Doctor Emanuel George Cefai on the 25th (twenty-fifth) of October of the year 1979 (nineteen seventy-nine).

That the above-mentioned property is subject to annual and perpetual emphyteusis of two euro and thirty-three cents (€2.33c) and consequently amounts to the sum of forty-six euro and sixty cents (€46.60c) once this emphyteusis is capitalised at a five (5%) rate as requested by law.

That the claimant wants to redeem the above mentioned emphyteusis as required by law in accordance with Article 1501 et sequitur of Cap. 16 of the Laws of Malta.

That in order for the claimant to exonerate herself from any form of responsibility, this same claimant is depositing the total amount of forty-six euro and sixty cents (€46.60c), reflecting the above-mentioned redemption of emphyteusis, which amount can be taken freely by the respondent after a receipt is issued in accordance with the 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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 7th April, 2021, 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.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 7th April, 2021, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 83/2021 ta' Justin Roberts holder of British passport number 517843376 and Jane Elizabeth Chapman holder of British passport number 518445171, humbly request:

That in virtue of a deed in the records of Notary Doctor Josette Spiteri Cauchi of the fifteenth (15) December, two thousand and twenty (2020), the applicants acquired the tenement with official number 99, previously also known with the number 90, and also known with the name 'The Last Resort', in Triq il-Kbira, Ta' Sannat, Gozo, bordering South with the said street, North with the cliff edge and West with other property of Gozo Views Properties Limited or their successors in title, as subject to its share of seventy cents (€0.70c) from an original annual and perpetual ground rent of one euro and sixteen cents (€1.16c) burdening a larger territory. A copy of this deed together with a site plan of the tenement subject of this schedule are being herewith annexed together as Document A.

That this ground rent resulted to the applicants from searches which were conducted in the Land Registry, therefore, it is now known to whom the ground rent was originally payable or to whom it is payable today.

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 seventy euro cents (€0.70c) capitalized at the rate of five per cent (5%) amounts to fourteen Euro (€14).

That the applicants wish to deposit also the payment of the ground rent for the past five years, that is the amount of three euro and fifty cents (€3.50c).

Therefore, the applicants respectfully request this Honorable Court and under its authority deposit in favour of the respondent the total sum of seventy euro and fifty cents (€17.50c), and this so that the total amount can be freely withdrawn by the same respondent after tendering 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

By means of a decree given, by the Civil Court First Hall, on the 17th November, 2020, by this Court (JVC) in the record of the Sworn Application in the names Antonia Fenech vs Horace Fenech, Application number 973/20 JVC, the following publication was ordered for the purpose of service of the respondent Horace Fenech, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names Antonia Fenech (ID 693748M) vs Horace Fenech (ID 345176M) on the 20th October, 2020, the applicant Antonia Fenech (ID 693748M) asked this Honourable Court:

1. To proceed to judgement according to the demand of the applicant nomine without proceeding to a hearing in terms of Article 167 of Cap. 12 of the Laws of Malta;

2.Order the defendant to vacate and return the vacant possession of the premises 20 A, Triq il-Qiegħa, Siġġiewi, as demanded in the appliction.

With costs and saving all rights of the applicant as demanded in the application the defendant is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Antonia Fenech vs Horace Fenech, Application number 973/20 JVC, has been deferred for hearing to the 20th April, 2021, at 9.30 a.m.

Notify Respondent: Sandawwar Farmhouse, Limiti tal-Fawwara,Siġġiewi.

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 7th April, 2021, 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.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 7th April, 2021, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 67/2021 of Clare Sultana, unmarried, daughter of the late Carmelo Sultana and of Gemma née Refalo, born in Victoria, Gozo, on the thirteenth (13th) June, nineteen hundred and seventy-three (13.06.1973), and residing at, “Karemma House", Triq Bullara, Xagħra, Gozo, holder of identity card number 14473G, humbly requests:

That she is the owner of a house numbered one hundred and two (102) previously sixty-eight (68), Triq Bullara, Xagħra, Gozo, with annexed yard measuring two mondelli (2s) in whole measuring four hundred and fifteen metres square and bordering on the North with Giuseppi Xerri, east and South with property of Giuseppi Theuma, which property is better outlined and shown on the site plan here annexed and marked Document A.

That this property is subject to an annual and perpetual ground rent of four shilling and six pence ((4/6) equivalent to seventy-six euro cents (€0.76c) which is payable to persons unknown.

That the depositor would like to avail of the faculty afforded to her under the article one thousand five hundred and one (1501) of Cap. 19 of the Civil Code and redeem this emphyteusis.

The sum of seventy-six euro cents (€0.76c) capitalized at five per centum (5%) amounts to fifteen euro and twenty cents (€15.20c).

Therefore, the applicant to exonerate herself from every responsibility is hereby depositing under the authority of this Honorable Court the sum of fifteen euro and twenty cents (€15.20c) to redeem the emphyteusis as hereabove specified, which amount can be freely withdrawn from the respondent, after tendering 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 (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

By means of a decree given, by this Court, on the 23rd March, 2021, following a request of Miriam Bonnano, it was ordered that deputy curators be chosen to represent the absent Anton Bonnici, in the records of the Sworn Application 90/21 AGV,in the names 'Miriam Bonnano vs Deputy Curators' and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Miriam Bonanno (ID 410382M) vs Deputy Curators to represent the absent Anton Bonnici (ID 0149483M) on the 18th March, 2021, the applicant Miriam Bonanno (ID 410382M) premised and asked:

1. That the parties had a relationship from which the minors … omisis … and … omisis … siblings Bonnici were born on the 21st July, 2002, and the 18th October, 2003, respectively;

2. That the relationship between the partes irretrievably broke down;

3. That the applicant is humbly asking this Honourable Court to entrust and grant the care and custody of the minors above mentionex exclusively to the applicant and uphold the other demands in the application.

With costs, against the respondent from now summoned so that a reference to his evidence be made.

Applicant: 250, St Anne, Flat 2, Triq il-Kunsill tal-Ewropa, Mellieħa

Notify: Deputy Curators, Courts of Justice, Valetta

You are therefore ordered to affix an official copy of these banns 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, this Court will proceed to the selection of Curators of Office.

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

Given by the Civil Court (Family Section) above mentioned with the witness of the Hon. Mr. Justice Toni Abela, BA, LLD, Doctor of Laws.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 18th February, 2021, on the application of Zammit Raymond (ID 25069M) as subrogated in the rights of HSBC Bank Malta plc (C3177), Thursday, 29th 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:

1. The apartment internally marked ninety two (92), situated on the eighth (8th) floor, measured from the Marina side, forming part of the block of eighteen (18) apartments and penthouse, having a common entrance with the said apartments numbered twenty three (23) in a private road within Portomaso Development. The apartment, the block and the street form part of a larger residential building complex, all overlooking over property of Spinola Developments Company Limited, without number and named Portomaso, accessible from Triq Spinola and Triq il-Knisja, Saint Julian's, together with the other apartments. The apartment enjoys from the common areas and private roads intended to serve the complex as well as enjoys access from the common entrance of the block and the uninterruptible use or revocable of the common areas and services of the block but excluding the use of the roof apart to install an air-conditioning unit of maximum measurement of one metre square. The apartment has the right of usage of all the common areas of the Portomaso Complex, which common areas are described in schedule B and C dated October 2000 and described in the acts of judicial sale number 29/19 listed in the contract dated seventeenth (17th) November, two thousand and seven (2007) in the acts of Notary Dr Remigio Zammit Pace. The property enjoys and is subject to all the servitudes as results from its physical position in the Block, including the servitudes of windows and balconies, the passage of the necessary pipes, drains, wires and including services that may be passing through the same property. Each apartment owner and/or block Administrator shall have the right to access for maintenance purposes for the said services, and if the service is through an apartment, he will have right of access with prior notice, apart in emergency case. The owner is precluded from renouncing, selling or withdrawing the right of use of the common areas if not together with the apartment property. However, the right of use cannot be individually or collectively disposed of. The apartment cannot be transformed or reconstructed in two or more apartments without Spinola Developments Limited approval. The owner is obliged to become a member of the Portomaso Block 23 Owners Association and of the Portomaso Associations Council and is also obliged to abide by all the Regulations as described in the acts of the judicial sale number 29/19 listed in the contract dated seventeeth (17) November, two thousand and seven (2007) in the acts of Notary Dr Remigio Zammit Pace, and which conditions are to be imposed on all future transfers and abides all the regulations mentioned in the contract of sale, as well as structural alterations cannot be made without the written consent of Spinola Development Company Ltd in the common area, services in the block, or services in the common area, together with burdens and conditions mentioned in the same acts and valued at one million four hundred and forty thousand euro (€1,440,000);

2. The garage parking space numbered three thousand, four hundred, and eighteen (3418) measuring eleven point five square metre (11.5m2) and height of two point two metre (2.2m) situated on garage level -3 of the garage complex with access from common drive-in and internal roads, all built on the site known as Portomaso, excluding the overlying airspace, and subject to and enjoys servitudes which result from its relative position and subject to the right of first refusal of Spinola Developments Company Limited in case that the owner choose to transfer the garage space separately from the apartment. The garage parking space can only be used from car parking and all other use is prohibited and valued forty-eight thousand euro (€48,000).

These properties are subject to the utile dominium annual and temporary ground rent for the remaining years from the original period of one hundred and fifty (150) years, which commenced on the nineteenth May, one thousand nine hundred and sixty four (19/05/1964) of two euro and thirty three cent (€2.33) on the apartment and forthy seven cent (€0.47) on the parking space, as better described in the contract dated seventeen (17) November, two thousand and seven (2007) in the acts of Notary Dr Remigio Zammit Pace.

The said tenement is the property of Zusina Valeria (Russian passport number 63No3729146) and by decree dated 1st October, 2019, Dr Victor Bugeja and LP Nadine Farrugia were nominated as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals