Court Notices published in Govt. Gazette No. 20,619 of 4th May 2021

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 29th September, 2020, following a request by Jason Fsadni et it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 1401/2020 in the names Jason Fsadni et Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court, in the names Jason Fsadni, employed, bachelor son of Carmelo and Carmen née Farrugia, born in Tal-Pietà on the 10th March, 1980, and resides at 10 Fsadni, Triq Ġużeppi Barbara, Ħal Għaxaq (ID 156180M) and Terry Caruana, builder, born in Ħal Għaxaq on the 8th March, 1970, and residing at 52, Merlin, Triq Don V. Scicluna Hernandez, Ħal Għaxaq (ID 211570M) son of the late Anthony Caruana and Catherine née Zammit and his wife Doreen (Dolores) Caruana, housewife, wife of Terry daughter of Carmelo Fsadni and Carmen née Farrugia, born in Tal-Pietà on the 16th July, 1974, and residing at 52, Merlin, Triq Don V. Scicluna Hernandez, Ħal Għaxaq (ID 359274M) vs Deputy Curators, on the 23rd September, 2020, whereby the applicants Jason Fsadni and Terry Caruana and his wife Doreen (Dolores) Caruana respectfully submitted:

That by means of a deed of donation published in the records of Notary Rachelle Farrugia Buhagiar of the 18th March, 2003 (Doc. A) the applicant Jason Fsadni acquired by way of donation from his parents Carmelo and Carmen spouses Fsadni a divided portion of land marked with number 4 covering an area of 195.11sqm forming part of the land known as Tal-Qattus or Tal-Ġewwinija, in Ħal Għaxaq, in Triq Dwardu Buttigieg already known as Triq Indri Magrin in Ħal Għaxaq bounding from the West by the said road, from the North with property of the spouses Fsadni and from the South with property of Annie Abela or her heirs;

That by means of a deed of Datio in Solutum published in the records of Notary Ritienne Bugeja Fenech of the 16th February 2018 (doc B) the applicants Terry and Doreen spouses Caruana acquired from the applicant Jason Fsadni the divided portion of air space of the third floor level, from the height of 40 courses above street level to a height of 51 courses above street level, including the height of the ceiling which has to be built, which area is intended for the construction of an apartment which shall be accessible from the common entrance without number and without name in Triq Dwardu Buttigieg, Ħal Għaxaq, which apartment will be numbered 3 forming part of the block without official number and without name, built on a divided portion of land indicated by number 4 forming part of the land known as Tal-Qattus or Tal-Ġewwinija in Ħal Għaxaq, in Triq Dwardu Buttigieg previously Triq Indri Magrin of measurement of about 154 sqm bounding on the west with the said road, from the North with property of spouses Fsadni and with the South with property of Annie Abela, free and unencumbered with all its rights and appurtenances and with vacant possession, together with the right of perpetual and uninterrupted use of all the parts in the block which are intended for common use, including the entrance and its corridor, stairwell, staircase, landings and its levels, lift shaft, the lift machinery and the light system of the common parts and the drainage system of drains, drainage and rainwater, but excluding the roof and the block air space as these are not considered as part of the common parts;

That on the said divided portion of land a block was built consisting of a garage at basement level, maisonette, and overlying four apartments which block was named Tiger Lily and it is without official number in Triq Dwardu Buttigieg previously Triq Indri Magri, Ħal Għaxaq, which land is marked in red on the Land Registry Site Plan attached with this act and marked as Doc. C;

That on the airspace that was acquired by the applicants Terry and Doreen spouses Caruana an apartment was built which is found at the third floor level internally marked with number 3, which apartment has the right of perpetual and uninterrupted use of all parts of the block which are intended for common use including, the entrance and its corridor, stairwell, staircase, landings and its levels, lift shaft, the lift machinery and the light system of the common parts and the drainage system of drains, drainage and rainwater, but excluding the roof and the block air space as these are not considered as part of the common parts;

That although in the contracts of acquisition above mentioned and that is the deed published by Notary Rachelle Farrugia Buhagiar of the 18th March, 2003, and that published by Notary Ritienne Bugeja Fenech of the 16th February, 2018, it was declared that the said immovable properties are free and unencumbered, from the searches it resulted that in fact the divided portion of land and the buildings built on it are subject to their share of the annual and perpetual groundrent of €3.31 regarding the land Tal-Ġewwinija with the farmhouse attached to it in the limits of Tal-Miksur limits of Ħal Għaxaq of total measurement including the farmhouse of thirteen tumoli four sigħan and nine kejliet;

That the said farm with its field was originally acquired by Lorenzo Farrugia, during his marriage to his wife Francesca Farrugia (the grandparents of the applicants Jason Fsadni and Doreen Caruana) by means of a contract of sale published in the records of Notary Mario Bonello of the 5th August, 1953;

That plot number 4 was assigned to Carmen Fsadni (mother of the applicants Jason Fsadni and Doreen Caruana) by means of a contract of division published in the records of Notary Carmelo Lia of the 18th September, 1992;

That the applicants do not know the rate of the annual and perpetual groundrent above mentioned of €3.31 regarding the plot number 4 above mentioned and the buildings built on it therefore to ensure that the applicants are in compliance, they wish to redeem the full amount of €3.31 so that the rights of the applicants and the unknown respondents will not be prejudiced;

That the applicants wish to avail themselves of the option given to them by means of article 1501 of Cap. 16 of the Laws of Malta and redeem the said groundrent of €3.31 in terms of the same law;

That the amount of €3.31 capitalised at the rate of 5% amounts to €66.20;

In addition, the applicants are regulating themselves by means of the same law and by means of the present schedule of deposit and are depositing in favour of the respondent the laudemium in the amount of €3.31 and also the payment of five years groundrent arrears in the amount of €16.55.

Thus, the applicants are requesting this Honourable Court and under its authority are depositing the amount of €86.06 as the price for the redemption and payment of this groundrent above mentioned and this in terms of the same Article of the Civil Code above mentioned so that this sum will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Notification: Director Public Registry, Valletta

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. Madam Justice Anna Felice LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals