Court Notices published in Govt. Gazette No. 20,618 of 4th May 2021

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 9th February, 2021, in the records of the judicial letter number 3859/2020, in the names Jamie Frendo vs George Debono et, ordered the following publication for the purpose of effecting service on the respondent Nunzio Spampinato, in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To George Debono

Nunzio Spampinato (ID 43188A) of Block C, No. 10, Garden Apartments, Triq il-Port Ruman, San Pawl il-Baħar, Malta

By means of this present Jamie Frendo (ID 267002L) makes reference to the rent agreement dated 22nd June, 2015, by means of which you rented the property Nuba, Gandoffli Street, Buġibba, St Paul's Bay, from the interpellant for 10 years against a rent of €1140.63 every month.

The interpellant draws your attention to the rent instalments still outstanding for the months of April till November of the year 2020. From 13th March of the year 2020 till the month of June of the same year, owing to the Covid-19 pandemic, the rent was forgone. Therefore the interpellant formally requests that within 15 days from the date of notification of this official letter, you pay him the amount of €6083.15 representing €380 owing for the outstanding rent of the first 12 days of March of the year 2020 and €5703.15 representing the outstanding rent instalments owing for the months of July, August, September, October and November of the year 2020.

Moreover, you are formally requested to also pay the interpellant the amount of €1094.97 owed by yourselves representing the value added tax for the first 12 days of March and for the months of July to November €225 for insurance expenses paid by the interpellant for the bar and €1069.35 for water and electricity consumption.

Should you fail to remit such payment within the above stipulated term, the interpellant will proceed against you with all the power provided to him by law, together with the issuance of any warrants and judicial proceeding in order for the rent to be terminated and for you to be evicted from the property in question.

This official letter is being sent for all purposes and effects of the law.

This is for your guidance and attention and in order to avoid further expense.

With expenses and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd December, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1532/2020 in the names No Deposit Cars Malta Limited vs David Kiss the following publication was ordered for the purpose of effecting service on the respondent David Kiss in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To David Kiss (ID 150380A) of Riviera del Sol, Block C, Flat 1, Triq il-Qaliet, Marsaskala

By the present, No Deposit Cars Malta Limited (C-85780) of Sharay, Triq il-Fraxxnu, San Ġiljan, is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €2,200 (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 30th May, 2018, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

Bill of exchange number 17 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th October, 2019, and which sum has to date not been paid;

Bill of exchange number 18 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th November, 2019, and which sum has to date not been paid;

Bill of exchange number 19 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th December, 2019, and which sum has to date not been paid;

Bill of exchange number 20 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th January, 2020, and which sum has to date not been paid;

Bill of exchange number 21 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 29th February, 2020, and which sum has to date not been paid;

Bill of exchange number 22 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th March, 2020, and which sum has to date not been paid;

Bill of exchange number 23 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th April, 2020, and which sum has to date not been paid;

Bill of exchange number 24 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th May, 2020, and which sum has to date not been paid;

 Bill of exchange number 25 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th June, 2020, and which sum has to date not been paid.

Bill of exchange number 26 in the amount of €190 issued by the defendant in favour of the company, which bill of exchange was due on the 30th July, 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 Chapter 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

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty eighth (28) of April, 2021 (Decree number 41/2021BS following application number 14/2021BS) Joseph Xerri, unemployed, husband of Antoinette Xerri, son of Michael Angelo Xerri and Mary née Debrincat, born in Xewkija, Gozo, and resides in Għajnsielem, Gozo, holder of identity card number 5558G, has been confirmed Interdicted from all acts of civil life.

Antoinette Xerri née Scicluna, housewife, wife of Joseph Xerri, daughter of Carmel Scicluna and Mary née Cutajar born in Victoria, Gozo, and resides in Għajnsielem, Gozo, holder of identity card number 18463G, has been nominated as his curator, by virtue of the said decree.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

IT is hereby notified that in virtue of a decree dated 29th of April, 2021, given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 125/2019 (BS), the Court has ordered that Dr Jonathan Mintoff, lawyer, son of Anthony Mintoff and Domenica née Mifsud, born in Tal-Pietà, Malta, and resides in Għasri, Gozo, identity card number 9495M, has been nominated as a curator of the interdicted Maria Anna Mizzi, pensioner, wife of the late Michaelangelo Grima, daughter of the late Giuseppe Agius and Guiseppa née Portelli, born in Għarb, Gozo, and resides in 'Residenza Sant'Anna', Gozo General Hospital, holder of identity card number 52031G, and this in substitution of the precedent curators Joseph Grima, driver, son of the late Michaelangelo Grima and Maria Anna Grima née Agius, born in San Lawrenz, Gozo and resides in San Lawrenz, Gozo, holder of identity card number 49755G, and Elizabeth Mizzi, housewife, wife of Carmel Mizzi, daughter of the late Michaelangelo Grima and Maria Anna Mizzi née Agius, born in Victoria, Gozo, and resides in Qala, Gozo, holder of identity card number 27064G.

Volontary Jurisdiction

Dorianne Cordina

For Registrar, Courts and Tribunals (Gozo)

ARB/C028/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 29th April, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD). Compilation Number 263/2021, in the case:

The Republic of Malta

Versus

PROGRESS PRESS COMPANY LIMITED, incorporated on the 26th April, 1966, with Maltese registration number C307 and registered address at Times of Malta, Triq l-Intornjatur, Zone 1, Central Business District, Birkirkara.

MICHAEL RIZZO;

AND

CLAUDE LICARI.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to PROGRESS PRESS COMPANY LIMITED and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to PROGRESS PRESS COMPANY LIMITED and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 36, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Acting Director, Asset Recovery Bureau

ARB/C066/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th April, 2021, given by the Court of Criminal Appeal (Hon. Judge Consuelo Scerri Herrera, LLD). In the case:

The Republic of Malta

Versus

JASON VELLA TABONE;

PIERRE GRECH CUMBO PILLOW, businessman, 44 years, son of Augustine and Helen née Buhagiar, born in Attard, Malta on the 24th July, 1976, and residing at Blue Harbour Shackleton,Fl A2, Ix-Xatt Ta' Xbiex, Ta' Xbiex, and holder of Maltese identity card bearing number 362376M.

AND

PGP TRADING LIMITED;

The Court ORDERED the settlement of all debts due as arrears on the two accounts held by the accused PIERRE GRECH CUMBO PILLOW namely: the home loan account and a credit card loan account. The Court also ORDERED the monthly payments due on these two accounts to be carried out by debiting the current bank account ending -046 held by the accused, and this to keep the patrimony of the accused intact.

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Nadine Lia, LLD) on the 9th December, 2020, which was published in the Government Gazette on the 24th December, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Jason Vella Tabone, PIERRE GRECH CUMBO PILLOW, and PGP Trading Limited.

Acting Director, Asset Recovery Bureau

By means of a decree of the 30th March, 2021, of the Rent Regulation Board, in the records of the Application in the names Michael Sant vs Giovany Alex Billong, Application number 197/2020SG, the following publication was ordered for the purpose of effecting service on the respondent Giovany Alex Billong 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 Michael Sant (ID 70445M) vs Giovany Alex Billong (ID 9001436A) filed before the Rent Regulation Board on the 12th October, 2020, the applicant Michael Sant (ID 70445M) requested with respect:

That the plaintiff is the owner of the tenement number 93, Flat 3, Michael Flats, Triq Sant'Anton Abbati, Mosta;

That in virtue of a lease agreement dated 19th July 2019 (Doc A) the plaintiff granted on lease to the respondent the said flat at the rent of €950 for a period of 12 months commencing on the 20th July, 2019;

That the respondent no longer resides in the said flat;

That as soon as the lease ended, despite the fact that the plaintiff had reduced the respondent's lease in April 2020 the latter (i) failed to pay the full rent between August 2019 and February 2020 and (ii) was in default of rental payments between March and July 2020 for the sum of €4,214 (Doc. B);

That in addition to this amount there is also a pending bill of €465.89 (Doc. C) for water and electricity, which bill is in the name of the plaintiff, as well as €250 representing the amount the plaintiff had to pay to repair the damages caused by the respondent in the apartment (Doc. D);

That the total sum owned by the respondent to the plaintiff is that of €4,929.89;

That, although the respondent was asked to pay through a legal letter he remained in default;

That the plaintiff know these facts personally and had no other option but to institute these proceedings.

Therefore the plaintiff respectfully requests this Board to order the respondent to pay him the sum of €4,929.89 for the reasons stated.

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

Applicant: Michael Sant, c/o 12, Triq ix-Xagħra tal-Knisja, Mġarr

Respondent: Giovany Alex Billong, 58, Triq Ġorġ Borg, Swatar, and/or 58, Central House, Triq Fleur-de-Lys, Birkirkara

The application in the names Michael Sant vs Giovany Alex Billong, Application number 197/2020SG, has been postponed for hearing to the 11th May, 2021, at 10.00 a.m.

Alexandra Debattista

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 29th of April, 2021 (Decree number 45/2021BS following Application number 44/2021(BS) Salvina Xuereb, unemployed, widow of Carmelo Xuereb, daughter of the late Anthony Xuereb and Vincenza neè Magro, born in Għajnsielem, Gozo, and resides in Xewkija, Gozo, holder of identity card number 60639G, has been confirmed Interdicted from all acts of civil life.

Anthony Xuereb, retired, husband of Mary Grace neè Mizzi, son of the late Carmelo Xuereb and Salvina neè Xuereb, born and resides in Xewkija, Gozo, holder of identity card number 19559G; Mary Dolores sive Doris Borg imwielda Xuereb, housewife, wife of Carmel Borg, daughter of the late  Carmelo Xuereb and Salvina neè Xuereb, born in Xewkija, Gozo and resides in Xewkija, Gozo,  holder of identity card number 17560G; and Jane Azzopardi neè Xuereb, housewife, wife of Dennis Azzopardi, daughter of the late Carmelo Xuereb and Salvina neè Xuereb, born in Xewkija, Gozo and resides in Xagħra, Gozo, holder of identity card number 31768G, have been nominated as her curators, by virtue of the said decree so that together and in solidum they take care of the interests of the interdicted Salvina Xuereb

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 16th April, 2021, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Cristina Micallef 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 records of the precautionary garnishee order number 228/2021 in the names Constramed Services Limited (C91282) (creditor) vs Alessandro Bonina (debtor) whereby the company Constramed Services Limited (C91282) on the 2nd February, 2021, requested with respect:

That this Court orders the issue of a Garnishee Order to be executed on the garnishee or garnishees as hereinafter mentioned, against the debtor for the debt herein mentioned and for the costs of this procedure, as a precaution against the debt hereinafter indicated:

Debt: Amount – €13,340.38

Interest: reserved

Costs: reserved

Title: on the basis of this judicial letter, filed in the Court of Magistrates (Malta) in terms of Article 166A of Chapter 12 of the Laws of Malta that is being filed concurrently (Doc. A).

Garnishees: Bank of Valletta Malta plc, St George's Square, Valletta

HSBC Bank Malta, Archbishop Street, Valletta

Banif Bank Malta, 203, Level 2, Rue d'Argens, Gżira

APS Bank Malta, APS Centre, Tower Street, Birkirkara

Lombard Bank Malta, 59, Republic Street, Valletta

Cristina Micallef, October Love, Triq il-Belt Valletta, Ħal Qormi

Creditor: Constramed Services Limited (C91282), OYIA Business Centre, Level 1, Office number 1A, Cross Road, Marsa

Debtor: Alessandro Bonina, Maisonette Oasis, Block A, Number 98, Triq R. Caruana Dingli, San Ġwann, Malta

Garnishees: Bank of Valletta Malta plc, St George's Square, Valletta

HSBC Bank Malta, Archbishop Street, Valletta

Banif Bank Malta, 203, Level 2, Rue d'Argens, Gżira

APS Bank Malta, APS Centre, Tower Street, Birkirkara

Lombard Bank Malta, 59, Republic Street , Valletta

Cristina Micallef, October Love, Triq il-Belt Valletta, Ħal Qormi

Whereas the above application has been filed and it contains the elements required according to law for the issue of the orders herein contained.

You are therefore, on the said application, hereby ordered that, by delivering a copy of this order, in the first place, to the aforesaid garnishees and subsequently to the debtor, you shall enjoin the said garnishees to retain in their possession as sequestered until the expiration of the time for which this warrant shall remain in force according to law, or until further order, or otherwise, to deposit in the Registry of this Court, so much of the said articles or money appertaining to the said debtor as may be sufficient to satisfy the aforementioned claim of the said creditor together with the costs hereof under penalty of the payment of damages and interest, in case of disobedience.

And after execution, or upon meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the aforesaid Court of Magistrates (Malta) and witnessed by Magistrate Dr Marse-ann Farrugia, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

To the Garnishees,

You are informed that, in terms of Article 376(2) of Chapter 12 of the Laws of Malta, that the notification of such warrant to you means:

That you should not pay or give to the debtor or to any other person any money or things which could be in your possession and which belong to the debtor and this under penalty of damages and interest; and

You shall deposit at the expense of the debtor, within nineteen (19) days of service of the warrant with the Registrar of the Court, any money or things belonging to the debtor subject matter of the seizure by means of this warrant.

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 January, 2021, Application number 9/2021 by Carmen Buttigieg, whereby following the application Ramon Charlot Kevin Buttigieg, bachelor, son of Anthony Buttigieg and Carmen Buttigieg neè Camilleri, born in Tal-Pietà on the 13th August, 1994, and residing at 25, the Orchid, Triq it-Torri ta' Alof De Wignacourt, Xgħajra, aged 26, and holding identity card number 354594M, was interdicted from all the acts of the civil life by means of a decree given on the 8th March, 2021.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th March, 2021, Application number 459/2021, by Maria Concetta Demicoli et whereby they requested that it will be declared open in favour of Maria Concetta Demicoli 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 James, Christian and Doreen brothers and sister Demicoli children of the decujus in equal shares between them the Succession of Emanuel sive Noel Demicoli, husband of Maria Concetta Demicoli, son of Anthony and Michelina née Caruana, born in Ħal Qormi, Malta, resided in Birżebbuġa, Malta, and died in Msida, Malta, on the 9th April, 2020, aged 57, and who held identity card number 0302862M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th March, 2021, Application number 461/2021 by Sonia Tanti Felice whereby she requested that it will be declared open in her favour in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of her children Leon Tanti and Zeon Tanti in equal shares between them the Succession of her husband Francis Tanti, husband of Sonia Tanti Felice, son of Spiridione Tanti and Margaret Tanti, born in Tal-Pietà, Malta, resided in Marsa, Malta, and died in Msida, Malta, on the 25th October, 2020, aged 48, and who held identity card number 323772M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th April, 2021, Application number 521/2021, by Edelweiss-Noemi sive Edel Ferry whereby they requested that it will be declared open in favour of Edelweiss-Noemi sive Edel Ferry and Rupert-Kevin Calleja brother and sister Calleja the SUCCESSION of their brother Arnaldo Luciano Calleja, bachelor, son of the late Julian Calleja and Imelda née Vella, born in Mosta, Malta, resided in Mosta, Malta, and died in Naxxar, Malta, on the 6th November, 2020, aged 60, and who held identity card number 0148560M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

Notice, Registry of The Civil Court, First Hall

Whereas Sharon Rose Attard (ID 124001A) filed an application under oath (No. 371/2021JVC) demanding the Correction of the Act of Birth number 247/2021 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 24th November, 2020, on the application of Bank of Valletta plc (C2833), Tuesday, 7th September, 2021, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Numru 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number three (3), situated on the first floor and forming part of a block of four (4) apartments, which block is without official number and named 'Buontempo Estates' situated in a private road without name that abuts onto Balzan Valley, Ħal Balzan, and which apartment is situated on the left side of the said block when one is looking towards the said block. Also included with the apartment is the fourth undivided share (1/4) of the common areas of the same block and half (1/2) divided airspace which is overlying the same apartments and which also includes the roof room with air of circa thirty five metre square (35sq.mt) which are accessible from the common areas of the said block of apartments which is bounded from all sides with property of Devicon Limited.

The said block is bounded from South West, from North West and from South East with the new street named Buontempo Estates, which abutts in Balzan Valley and any other correct boundaries. The said apartment enjoys the rights and is subject to servitudes resulting from its relative position, free and vacant with all its rights and appurtenances, valued at two hundred and forty five thousand euro (€245,000)

The said tenement is the property of Issa Isslam Tawfik (ID 20380A)

N.B. The said tenement will be sold as described in the acts of judicial sales number 28/2015.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd February 2021, Application number 295/2021, by Francesca Spiteri et whereby they requested that it will be declared open in favour of Francesca Spiteri, 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 Christopher Spiteri, Diane Balzan and Michael Spiteri children of the decujus and brothers and sisters Spiteri in equal shares between them the Succession of Alfred Spiteri, husband of Francesca Spiteri, son of the late Carmel Spiteri and Carmela née Saliba, born in Tas-Sliema, Malta, resided in San Ġiljan, Malta, and died in Msida, Malta, on the 10th January, 2015, aged 64, and who held identity card number 0920650M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 24th February, 2021, Application number 302/2021, by Antonio Gauci et whereby they requested that it will be declared open in favour of Antonio Gauci, Alfred Gauci, Victor Gauci and Carmelo Gauci brothers of the decujus and in favour of Rose Marie Ann Gauci niece of the decujus and daughter of the late Teresa Gauci the latter sister of the decujus in equal share between them the Succession of Giovanna Gauci, unmarried, daughter of the late John Mary Gauci and Maria Rosa née Agius, born in San Pawl il-Baħar, Malta, resided in San Pawl il-Baħar, Malta and died in San Pawl il-Baħar, Malta, on the 7th May, 1983, aged 46, and who held identity card number 497535M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th April, 2021, Application number 569/2021, by Louise Schembri et whereby they requested that it will be declared open in favour of Louise Schembri and Joanne Griscti sisters Caruana in equal shares between them that of one half (1/2) undivided share each one of them the Succession of their father John Caruana, bachelor, son of the late Andrew Caruana and Edwige Caruana neè Portanier, born in San Ġiljan, Malta, resided in Tas-Sliema, Malta, and died in Tas-Sliema, Malta, on the 19th January, 2021, aged 71, and who held identity card number 0142549M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd March, 2021, Application number 429/2021 by Antoinette Mifsud whereby she requested that it will be declared open in favour of the same Antoinette Mifsud, 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 Naomi u Denilson children of the decujus in equal shares between them the Succession of her husband Joseph Mifsud, husband of Antoinette Mifsud, son of Carmelo Mifsud and Carmen Mifsud neè Caruana, born in Tal-Pietà, Malta, resided in Siġġiewi, Malta, and died in Siġġiewi, Malta, on the 1st December, 2020, aged 57, and who held identity card number 0042763M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th March, 2021, Application number 475/2021, by Antoinette Gatt et whereby they requested that it will be declared open in favour of Antoinette Gatt, John Cauchi, Joseph Cauchi, Maria rosaria Camilleri, Angela Farrugia, Carmelo Cauchi and Maria Stella Attard in equal shares between them the Succession of their father Paolo Cauchi, widower of theresa née Vassallo, son of the late Lorenzo Cauchi and Maria Stella née Azzopardi, born in Raħal Ġdid, Malta, resided in Raħal Ġdid, Malta, and died in Msida, Malta, on the 25th September, 2020, aged 90, and who held identity card number 0483930M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By a decree of the Small Claims Tribunal of the 24th September, 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).

Simonds Farsons Cisk plc (C113) of The Brewery, Mrieħel, filed a Claim on the 11th September, 2020, whereby they asked the Tribunal to condemn N.P.N. Services Limited (C46505) of Gardenia Court, Block A, Flat 2, Triq il-Mensija, St Julians, to pay the plaintiff company the sum of €1845.30, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 209/2020SFJ) is deferred on the 25th May, 2021, at 12.30 p.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 28th April, 2021, and this after a written plea numbered 335/2021, Ordered:

The correction of the Act of Birth of James Christian Smith, bearing number 7482 of the year 2019 so that in the column headed 'Name or names by which the child is to be called and surname', the child's surname is indicated as his mother's maiden that is Christian and his name is indicated as Smith James.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar Court of Revision of Notarial Acts

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 9th October, 2020, following a request by HSBC Bank Malta plc, it was ordered that deputy curators be chosen to represent the absent Rosa Puccio in the acts of the judicial letter number 370/2020 in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 3rd February, 2020, HSBC Bank Malta plc (C3177) of 32, Triq il-Merkanti, Valletta, against Deputy Curators to represent the absent Rosa Puccio (ID 69914A), HSBC Bank Malta plc brings to your formal notice the fact that on the day of the 8th January 2020 you defaulted in your loan repayment, which loan was given to you by means of a contract in the records of Notary Mark Abela dated 20th July 2012, in the amount of €28099.68 and thus the interpellant bank solicits you so that within two days you pay this amount. Furthermore the bank company informs you that this arrears amount adds up with €498.81 per month after that date.

Informs you that if you fail to pay all the arrears within fifteen days from the date of notification of this letter, the whole loan balance will be due all at once besides the legal interest with the rate of 8% per annum till the date of effective payment.

To avoid useless Court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly instalments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a Notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further procedures will be taken against you without further notice.

So, much for your guidance

With costs

Interpellant: HSBC Bank Malta plc, 32 Triq il-Merkanti, Valletta

Respondents: Deputy Curators

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, 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 these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLM (IMLI) LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Sworn Application number 20/2021

Application in terms of Article 495A of the Civil Code

Nicola sive Nicholas Vella of 'Mirage', Triq Sant' Indrija, Żebbuġ, Gozo, and holder of Maltese identity card number 23270G;

Jacqueline Vella née Cassar, of 'Mirage', Triq Sant'Indrija, Żebbuġ, Gozo, and holder of Maltese identity card number 3572G;

Maria Consiglia Vella née Saliba, of 63 Skapuccina, Żebbuġ, Gozo, and holder of Maltese identity card number 34149G;

Alexander Saliba, of 'Ta Pinu', Triq Għajn Mhelhel, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of Maltese identity card number 52550G;

Francis Saliba, ta' Frank Jane, of Triq il-Mitħna, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of Maltese identity card number 61852G;

Lucy Cini née Saliba, of Ponta View, Triq il-Ponta, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of Maltese identity card number 40257G; and

Geswalda Sive Josephine Agius née Saliba, of 26, Triq Ghajn Mhelhel, Żebbuġ, Gozo, and holder of Maltese identity card number 39351G, both in her own name and as a special mandatary of the absent:

Annuziata sive Nancy Cini née Saliba of 117, Hall Street, West Sunshine, Victoria Melbourne, Australia 3020, and holder of Maltese identity card number 39351G;

and

Raphael Saliba of 4, Silverdale Walk, Cairnlea, Victoria Melbourne, Australia 2023, and holder of Australian passport number PA 4409268,

versus

Anthony Saliba of Joston, Triq Skapuccina, Żebbuġ, Gozo, and holder of Maltese identity card number 19548G;

and

Rita Ċini née Saliba of Sunset Lodge, Triq il-Ponta, Żebbuġ, Gozo, and holder of Maltese identity card number 10263(G).

Application by: Nicola sive Nicholas Vella of 'Mirage', triq Sant' Indrija, Żebbuġ, Gozo, and holder of Maltese identity card number 23270G; Jacqueline Vella née Cassar, of 'Mirage', Triq Sant'Indrija, Żebbuġ, Gozo, and holder of Maltese identity card number 3572(G); Maria Consiglia Vella née Saliba, of 63 ta' Skapuċċina, Żebbuġ, Gozo, and holder of Maltese identity card number 34149(G); Alexander Saliba of 'Ta Pinu', Triq Għajn Mhelhel, Żebbuġ, Gozo, and holder of Maltese identity card number 52550G; Francis Saliba of Frank Jane, Triq il-Mitħna, Żebbuġ, Gozo, and holder of Maltese identity card number 61852G; Lucy Cini née Saliba of Ponta View, Triq il-Ponta, Żebbuġ, Gozo, and holder of Maltese identity card number 40257G; u Geswalda Sive Josephine Agius née Saliba of 26, Triq Għajn Mhelhel, Żebbuġ, Gozo, and holder of Maltese identity card number 39351G, both in her own name and as a special mandatary of the absent: (i) Annuziata sive Nancy Cini née Saliba of 117, Hall Street, West Sunshine, Victoria Melbourne, Australia 3020, and holder of Maltese identity card number 39351G; u (ii) Raphael Saliba of 4, Silverdale Walk, Cairnlea, Victoria Melbourne, Australia 2023, and holder of Australian passport number PA 4409268,

Submits and declares with respect the following:

1. That this application is with regards to the following property/properties:

i. Portion of land, known as 'Tal-Mongatur' limits of Żebbuġ, Gozo, which portion of land has the total measurement of circa eight hundred and thirteen point eighty-three meters squared (813.83m.k) bounded on the North with a road, West with the property of Georgia Hili and East with property of the heirs of Angelo Cini or his successors in title, as better shown and marked in yellow on the plan attached hereto and marked as Doc. A, and

ii. Portion of land, known as 'Ta' Zanu' limits of Żebbuġ Gozo, which portion of land has the total measurement of circa four hundred and four point twenty-six meters squared (404.26 m.k) bounded on the Southeast with a ridge, West and East with property of heirs of Joseph Carnemollo, as better shown and marked in yellow on the plan attached hereto and marked as Doc B;

2. That the entirety of these property, originally belonged to Nicolina Saliba née Asciak, that she passed away on the fourth (4) of August of the year one thousand nine hundred and sixty-seven (1967);

3. That the same Nicolina Saliba née Asciak, regulated her inheritance and succession by a will published in the acts of Notary Nicola Said and dated seventeenth (17th) of July of the year one thousand nine hundred and sixty seven (1967), whereby she nominated her nine (9) children – some of the plaintiffs and all of the defendants – as her universal heirs, i.e. the following:

A. Maria Consiglia Vella née Saliba of 63 ta' Skapuċċina, Żebbuġ, Gozo, and holder of identity card number 34149G,

B. Alexander Saliba of 'Ta Pinu', Triq Għajn Mhelhel, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of identity card number 52550G,

C. Francis Saliba ta' Frank Jane, of Triq il-Mitħna, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of identity card number 61852G,

D. Lucy Cini née Saliba of Ponta View, Triq il-Ponta, Żebbuġ, Gozo, born in Żebbuġ, Gozo, and holder of identity card number 40257G, u

E. Geswalda Sive Josephine Agius née Saliba of 26, Triq Ghajn Mhelhel, Żebbuġ, Gozo, and holder of identity card number 39351G,

F. Annuziata Sive Nancy Cini née Saliba of 117, Hall Street, West Sunshine, Victoria Melbourne, Australia 3020, and holder of identity card number 39351G,

G. Raphael Saliba of 4, Silverdale Walk, Cairnlea, Victoria Melbourne, Australia 2023, and holder of Australian passport number PA 4409268,

H. Anthony Saliba of Joston, Triq Skapuċċina, Żebbuġ, Gozo, and holder of identity card number 19548G, and

I. Rita Cini née Saliba of Sunset Lodge, Triq il-Ponta, Żebbuġ, Gozo, and holder of identity card number 10263G;

4. That therefore the above-mentioned children of the Nicolina Saliba née 'Asciak have the undivided share of one part out of nine parts (1/9) each;

5. That by means of a contract of division drawn up in the acts of Notary Dr Enzo Dimech, and dated the twelfth (12th) of July of the year one thousand nine hundred and ninety-nine (1999), the children of the same Nicolina Saliba née Asciak, confirmed that the properties subject of this application remained owned by the same i.e. undivided with equal shares between them.

6. That therefore following the contract of division the shares in the property did not change. Moreover, the children of the same Nicolina Saliba née 'Asciak are still all alive.

7. That the applicants Nicola sive Nicholas u Jacqueline spouses Vella have bound themselves to buy the properties subject to this application, whereas, the rest of the applicants obliged themselves to sell and transfer their share from the property with the conditions that the same Nicola sive Nicholas and Jacqueline spouses Vella manage to acquire the other undivided shares of the same properties;

8. That by virtue of a preliminary agreement signed on the fifteenth (15th) of February of the year two thousand and twenty-one (2021), all the applicants except Nicola sive Nicholas and Jacqueline spouses Vella bound themselves to sell their share from the above-described properties to Nicola sive Nicholas and Jacqueline spouses Vella at the price of six thousand four hundred and sixty Euros (€6,460) for all the properties and this in their entirety. That a copy of the preliminary agreement is attached hereto and marked as Doc. C;

9. That the same preliminary agreement was duly registered with the Commissioner for Revenue with the reference number PS202102477, copy of the receipt is attached hereto and marked as Doc. D;

10.       That therefore only the respondents Anthony Saliba and Rita Cini née Saliba did not enter into the relative preliminary agreement concerning the same properties. That the respondents collectively have the undivided shares of two parts out of nine (2/9) from the properties;

11. That although a series of attempts were made by the applicants or by any of them for the respondents to accede to the preliminary agreement, the respondents continued to refuse to do so;

12. That the applicants believe that the price, terms and conditions agreed in the preliminary agreement entered into between the applicants is advantageous considering the measurements of the properties, the area in which these same properties are located, and all the circumstances related to these as shown by the Architect's assessment attached hereto as Doc. E.

13. That for all intents and purposes and in terms of article 495A (2) of the Civil Code, the applicants are hereby attaching:

i. Declaration (sworn) of the applicants confirming that they agree with the proposed sale in terms of the above-mentioned preliminary agreement – attached hereto and marked as Doc. F, and

ii. Prospectus (sworn) outlining the numbers and values of the shares that each and every one of the parties has from the properties – attached hereto and marked as Doc. G;

14. That all of the applicants are personally aware the facts;

15. That therefore had to file this application.

Therefore, the applicants respectfully request this Honourable Court to:

1. Declare that the price and the terms and conditions proposed in the preliminary agreement dated 15th February, 2021, for the sale of:

i. Portion of law known as 'Tal-Mongatur' limits of Żebbuġ, Gozo, which portion of land has the total measurement of circa eight hundred and thirteen point eighty-three meters squared (813.83m2), and

ii. Portion of law known as 'Ta' Zonu', limits of Żebbuġ, Gozo, which portion of land has the total measurement of circa four hundred and four point twenty-six meters squared (404.26m2) is fair and appropriate and that the same price and conditions should apply for the sale by the respondents from these same land portions;

2. Approves of the proposed sale and orders the publication of the final deed of sale, at a day, time and place that should be set by the Court and appoints Notary Dr Enzo Dimech to publish the final deed of sale, with the intervention of deputy curators to represent any parties that do not appear on the final deed.

With expenses against the defendant/s

The application is appointed for hearing for Thursday, 3rd June 2021.

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

By a decree of the Small Claims Tribunal, of 4th March, 2020, the publication of the following banns which appears hereunder was ordered for the purpose of service in terms of Article 809 of the Code of Organisation and Civil Procedure (Cap. 12).

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on the application of Dr Robert Musumeci it was ordered that Deputy Curators be chosen to represent the absent Carmelo Bartolo in the notice number 351/2019KCX and in all other relative and subsequent acts were he demanded:

That this Tribunial condemns the defendant to pay the amount of €560.50 besides the costs of the judicial letter in terms of Article 166A number 1224/19 dated 24th May, 2019, representing the professional fees due to him for works carried out on request of the defendant and office costs in connection with the same service.

The case (Claim number 351/2019KCX) is deferred on the 21st May, 2021, at 12.15p.m.

Plaintiff: 7 L'Edificio, Pjazza San Gwann, Siġġiewi

Notification: Deputy Curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this Tribunal will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Tribunal.

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Kevin Camilleri Xuereb, LLD, Doctor of Laws, Adjudicator of the above mentioned Tribunal.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th April, 2021, in the records of the protest number 12/2021, in the names Blue West Gate Limited vs Dr Richard Galea Debono noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Dr Richard Galea Debono for and on behalf of Satabank plc.

In the First Hall of the Civil Court

To Dr Richard Galea Debono for and on behalf of Satabank plc (C66993)

Judicial Protest of the company Blue West Gaet Limited, a company incorporated under the Maltese Laws with registration number C74323 of Level G (Office 1/4631) Quantum House, 75, Triq Abate Rigard, Ta' Xbiex, Malta,

Request with respect:

That the respondent company Satabank plc is a company incorporated under Maltese Laws and with registration number C66993 of 31/6, St Frederick Street, Valletta, Malta;

That the Malta Financial Services Authority (MFSA), which is the principal Authority for financial services in Malta, revoked the banking licence of the respondent company in July 2020 on the basis of failure to observe regulations of Anti Money Laundering and Combatting the Financing of Terrorism. In view of the above MFSA duly appointed the agency Ernst & Young Global Limited (EY) as administrators of the respondent company to liquidate the assets of the same. Presently, the administrator of the respondent company is Dr Richard Galea Debono;

The applicant company Blue West Gate Limited has an account with the respondent company;

That the applicant company is prohibited from accessing and use the funds that are found in the account of the respondent company and thus in buona fede, requested it and its administrators to release the amounts found in the same account amounts to €21,405.23;

On the 8th January, 2019, the respondent company requested a list of documents from the applicant company regarding the directors and share holders of the same such that the process for the release of the funds of the applicant company held at Satabank plc can commence. The documents requested were duly given by electronic means on the 3rd April, 2019. After receiving several solicitations from the applicant company, once again the respondent company requested further documentation from the applicant company and this in June 2020 such that the process of release of funds can be finalised. The documents requested were provided to the respondent company on the 15th July, 2020, by electronic means;

From the date of submissions of the documents on the 15th July, 2020, the applicant company did not hear anything from the respondent company save for a communication dated 2nd September, 2020, by means of which it warned the applicant company that the administrative entity that is EY will continue to process the application for the release of the funds, only if the information requested by the respondent company was submitted by not later than 30th June, 2020, and this in view of the public notice issued by MFSA on the 1st July, 2020. In the communication of the respondent company it also said that if one provided the details and instructions for payment by not later than 15th July, 2020, the application of the respective person will be processed and the relative funds will be issued, but this will not the case for all those who would have provided the information later than the stipulated dates. The communication above mentioned also said that MFSA will be issuing more information and guidelines regarding the final process for the return and access of the funds;

That till the date of this judicial process, the funds of the applicant company are still held in the account of the respondent company;

On the 13th November, 2020, a notice was circulated regarding the appointment of Dr Richard Galea Debono as the new administrator of Satabank plc, which appointment came into fact on the 30th October, 2020. In the mentioned notice it was also announced that the handover was going to take a few weeks. Although it was solicited several times by the applicant company to give a statement of the istatus of the return of the funds in question, the respondent company remained in default. And also the general automated e-mail address of the respondent Company blocked the applicant Company from communicating directly with the respondent Company;

That the passive behaviour of the respondent company caused considerable financial damage to the applicant company, the effects of which are still felt till today;

That the revocation of the banking licence of the respondent company results in more time for the release of the funds in question and thus it is reasonable for one to anticipate the damage more substantianaly than that present on behalf of the applicant company;

Thus the applicant company Blue West Gate Limited, whilst it brings to your formal notice the protest, formally protest against you and whilst it will hold you responsible for all the damages suffered, including the present costs it puts you on notice for all the effects and purposes of law and this whilst it solicits you to refund without delay and in any case not later than one week from the notification of this judicial protest the amount of €21,405.23 and this whilst it further solicits you to come forward for the liquidation and further payment of damages that the applicant company suffered without prejudice to all the rights available to the applicant Company against the respondent Dr Richard Galea Debono.

Applicant company: Blue West Gate Limited, a company incorporated under the Maltese Laws with registration number C74323 of Level G (Office 1/4631) Quantum House, 75, Triq Abate Rigord, Ta' Xbiex, Malta

Respondent: Dr Richard Galea Debono for and on behalf of Satabank plc (C66993) of 31/6, St Frederick Street, Valletta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal, on the 22nd Febuary, 2021, in the records of the Application of Appeal, 1057/13, in the names Carmelo Tarcisius Joseph Valentinus vs Rose Vasallo et, the following publication was ordered for the purpose of service of the respondent Toni Pullicino, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Notice of hearing of a cause issued by the Registrar Superior Courts, on the 8th February 2021 and whereas the procedures in writing in the cause before the Court of Appeal, between Carmelo Tarcisius Joseph Valentinus sive Charles Pulliciuno vs Rose Vassallo, Toni Pullicino, Doris Borg and Jane Pullicino, Joseph Pullicino, Nancy Carlson as heirs together with the heirs of the deceased Maria Carmela sive Carmen Pullicino widow from her husband Paul Pullicino and by decree of the 28th September 2020, Advocate Dr Martha Mifsud and Legal Procurator Madeline Firman were appointed as curators of the absent Nancy Carlson, Rose Mary Vassallo for any interest she may have, Jacqueline Borg (née Magro) as universal heirs of the deceased Joseph Magro and the Director Public Registry, the Court, fixed the hearing of this cause on Monday twenty second (22) of Februaryu 2021 at 8.55am and deferred to the 17th May 2021, at 8.40 a.m.

Notify Respondent Toni Pullicino: 48, Fl. 2, Triq San Franġisk, Birżebbuġa

Adv. Frank Portelli,LLD,

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 26th April, 2021 on the application of Bank of Valletta plc (C2833), Thursday, 10th June, 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, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Garage number thirty five (35) named 'Saint George's' in Triq l-Isqof Scicluna, Ħal Qormi, underlying third party property, subject to annual and perpetual ground rent of eighteen euro and sixty three cent (€18.63), with all its right and appurtenances, bounded North by said street Triq l-Isqof Scicluna, East by tenement number 34, Triq l-Isqof Scicluna and West by tenement number 42, Triq l-Iskola, corner with Triq l-Isqof Scicluna, Ħal Qormi, subject to the servitudes of windows of third party property that overlooks the garage yard and rain water drainage system that is collected from the third party garage roof, situated in the yard and valued at eighty nine thousand euro (€89,000).

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 34/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 6th April and another on the 26th April, 2021, in the records of the Application of Appeal 717/15, in the names HSBC Bank Malta plc vs Zeina Patricia Gatt et, the following publication was ordered for the purpose of service of the respondents Zenia Patricia Gatt and Massimiliano Gatt, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, in the records of the Application 715/15, in the names HSBC Bank Malta plc (C3177) vs Massimiliano Gatt (ID 483467M) and Zenia Patricia Gatt (ID 430211L) on the 28th October, 2016, the applicant HSBC Bank Malta plc (C3177) respectfully pleaded:

That this is a partial appeal of the applicant HSBC Bank Malta plc from a judgement of the First Hall Civil Court in the names above pemised delivered on the 10th October, 2016, where the Court of First Instance limitedly upheld the second plea of the respondent as regards the time when interest started to run on the sum declared as due;

… omissis …

1. The Demands, the Pleas and the Judgement Appealed.

That by means of a Sworn Application of the 27th July, 2015, the applicant Bank asked the First Hall Civil Court so that,

i. It declares that the defendants in solidum between them are debtors of the Bank in the sum of € 24,423.79 due as stated,

ii. Condemn the defendants in solidum between them to pay the said global sum of €24,423.79,

iii. Condemn the same defendants between them to pay the plaintiff Bank further interest of eight 8% yearly on the capital due from the 19th June, 2015, till the effective payment;

That the respondent Massimliano Gatt remained in default and the respondent Zenia Patricia Gatt, filed a sworn reply on the 21st August 2015;

… omissis …

That the judgement of the First Hall Civil Court decided the following,

Thus this Court is upholding the second plea limitedly as regards of the date when the interest started to run, reject all the other pleas, uphold all the plaintiff's demands as regards the date from when the running of the interest which is to run from the date of this judgement.

Costs of the second instance at the charge of the plaintiff Bank, the other expenses are to be borne by the defendant.

That the appellant felt aggrieved by the conclusion of the Court of First Inbastance upto where it upheld the second plea of the respondents limitedly as regards the date from the interest applicable is to run as shall be explained later on in this appeal as well as where it condemned the Bank to pay the costs of this demand.

2. Facts in Brief

… omissis …

3. The Principal Grievance

The applicant Bank felt aggrieved by that part of the decision of the Honourable First Court and is filing this present appeal therefrom. The Court of First Instance made a wrong evaluation of the proof produced as regards the third demand of the interpellant Bank which brought about so that erroneously it upholds the second pea of he respondent Zenia Patricia Gatt, limitedly as regards the date when further interest started to run.

… omissis …

The Court of First Instance in its decisive part upheld the second plea of the respondent limitedly as regards the date when further interest started to run where it stated that further interest starts to run from the date of the judgement and namely from the 10th October, 2016.

… omissis …

Subsequently the Court of First Instance erroneously classified the banking facility as an obligation which is not commercial whilst in this case the banking facility had to be classified as an act of trade act and this int terms of Article 5(b) of Cap. 13 of the Laws of Malta.

… omissis …

The Court of Appeal (Superior Jurisdiction) recently as regards of a loan facility ' HSBC Bank Malta p.l.c. vs Katherine Mifsud et (30/5/2008) said the following, 'As the respondent Bank observed in its reply of appeal here is the case of a commercial transaction and because every banking transaction is objectively an act of trade according to Article 5(b) of the Commercial Code.

It thus follows that in a case as the present there applies the commercial law'.

That thus the obligation in question had to be classified by the Court of First Instance as a commercial obligation in terms of Cap 13 of the Laws of Malta, thus there had to be applied Article 1141(1) as well as Article 1142 of Cap of the Laws of Malta , whereby they stipulate that in the case of a commercial obligation the is no need of a calling by a judicial act.

… omissis …

Thus, whilst reference to the proof produced is made and a reservation for further proof the appellant bank respectfully prays this Honourable Court of Appeal,to confirm the judgement of the First Hall Civil Court, above mentioned whereby they upheld the first two demands of the applicant Bank as well as the third demand where it upheld the further interest and revoke the part where the Court of First Instance limitedly upheld the second plea of the respondent Zenia Patricia Gatt and as regards the date from when further interest applies and instead uphold the third demand in its entirety with all costs of both instance against the appellants in solidum.

By means of a Notice of hearing of a cause issued by the Registry Superior Courts on the 11th March, 2021, and whereas the written procedures in writing in the cause before the Court of Appeal between HSBC Bank Malta plc vs Massimilano Gatt and Zenia Patrci Gatt, have been closed, the Court fixed the hearing of this cause on Tuesday, twenty third (23) of March, 2021, at 9.00 a.m. and deferred to the 25th May, 2021, at 8.30 a.m.

Notify: 1. Zenia P. Gatt, 331, Harhmony, Fl 3, Triq it-Turisti, San Pawl il- Baħar

2. Massimiliano Gatt, Triton Mansions, Block C, Flat 6, Triq it-Turisti, Il-Qawra

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 4th November, 2020, on the application of Bank of Valletta plc (C2833), Thursday, 1st July, 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:

The apartment on groundfloor level including the internal yard, internally marked number two (2), forming part of a block of apartments number fourty (40) previously numbered thirty eight (38), named 'Bajada Buildings' situated in Triq il-Makna tas-Serrar, Msida. The said apartment is on the right hand side as one faces the block from the said street and is underlying third party property, enjoys active rights and is subject to servitudes in favor to third parties, resulting from its position, which includes third parties windows overlooking onto the yards forming part of apartment number two (2) and the passage of services of third parties from the same yard. The apartment includes the undivided share pro-rata with the owners of the said block of all parts intended for common use including the entrance, entrance hall, stairs, landings, stairwell leading onto the roof and the roof and is subject to the annual and perpetual sub-ground rent of four euro and sixty cent (€4.60), part of a greater annual and perpetual sub-groundrent of fourty-nine euro and nine cent (€49.09) imposed on the whole block, and with all its rights and appurtenances and valued at one hundred and ninety-five thousand euro (€195,000).

The said tenement is the property of Borg Maria (ID 121981M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 13/14.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 16th February, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 08th July, 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, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement number forty four (44) in Alley number eight (8), Triq Biċċieni, Ħaż-Żabbar, consisting of a maisonette, part of which is underlying another maisonette numbered forty five (45), owned by third parties. The said tenement is free and unencumbered, includes its relative airspace and with all its rights and appurtenances, valued at sixty five thousand euro (€65,000).

The said tenement is the property of Scicluna Matthew (ID 233983M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 25/19.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals