Court Notices published in Govt. Gazette No. 20,656 of 2nd July 2021

By means of a decree of the 20th May, 2021, of the Rent Regulation Board, in the records of the Application in the names Advocate Dr Francis Lanfranco vs Pawlu Galea et, Application number 8/2021SG, the following publication was ordered for the purpose of effecting service on the respondents Pawlu Galea u Maria Galea 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 Advocate Doctor Francis Lanfranco (ID 381250M) vs Pawlu Galea (KI 514841M) u Maria Galea (KI88643M) filed before the Rent Regulation Board on the 17th April 2021, the applicant Advocate Doctor Francis Lanfranco (ID 381250M) requested with respect and confirmed on oath saving any necessary and opportune declaration, and for the reasons premised the applicant requested this Honourable Board to:

1. Declare and decide that the respondents Pawlu Galea (ID 514841M) and Maria Galea (ID 88643M) can no longer rely on the provisions of Cap. 199 of the Laws of Malta in order to remain in the occupation of the farm, today a residence Tal-Ħamri, in the limits of Rabat (Malta), together with the fields adjacent to it called Ta' Ruman sive Ta' Fazola in the limits of Rabat (Malta) measuring 9,440sq m;

2. Declare and decide that the respondents Pawlu Galea (ID 514841M) and Maria Galea (ID 88643M) cannot remain in occupation of the farm, today a residence of Hamri in the limits of Rabat (Malta), together with the fields adjacent to it, called Ta' Ruman sive Ta' Fazola, within the limits of Rabat (Malta) measuring 9,440sq m since the lease was terminated ex lege in terms of Article 6 of the Constitution of Malta and Article 3 of Cap. 319 of the Laws of Malta once it has been rendered null and without any effect at law and which was entered into in terms of Cap. 199 of the Laws of Malta which braches the fundamental rights of the applicant as decided by means of a judgment application number 228/2019JZM in the names Lanfranco Francis Adv. Dr vs Attorney General et decided on the 18th March, 2021, and each day in occupation is causing damage to the same applicant and they have no right to the re-letting of the premises and areas in question, and consequently must be evicted from the same premises and areas;

3. Condemn the respondents Pawlu Galea (ID 514841M) and Maria Galea (ID 88643M) to vacate from the premises that is the farm, today a residence, Tal-Ħamri in the limits of Rabat (Malta) together with the fields adjacent to it called Ta' Ruman sive Ta' Fazola, in the limits of Rabat, (Malta) measuring 9,440sq m. within a short and peremptory time fixed to them by this Board.

With costs and with due summons of the respondents who are from now being summoned so that a reference to their oath be made and reserving the right to any action for damages against the respondents Galea – and the procedural file of the case with application number 228/2019JZM in the names Lanfranco Francis Adv. Dr vs Attorney General et decided on the 18th March, 2021, by the First Hall of the Civil Court (Constitutional Jurisdiction) be attached such that they form part of these proceedings and all evidence which is included in those proceedings is considered to form part of the evidence in these proceedings.

Applicant: 18A/3, Scotts House, Triq M.A. Vassalli, Valletta

Respondents: Pawlu Galea u Maria Galea, Farmhouse, Tal-Ħamri, l/o Rabat, Malta

The application in the names Advocate Dr Francis Lanfranco vs Pawlu Galea et Application number 8/2021SG, has been postponed for hearing to the 6th July, 2021, at 1.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 20th October, 2020, following a request by Mary Rose Gatt it was ordered that deputy curators be chosen to represent the directus dominus or the sub directus dominus or their successors in title in the acts of the schedule of deposit number 1562/2020 in the names Mary Rose Gatt vs 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 on the 19th October, 2020, in the names Mary Rose Gatt, retired, unmarried, daughter of the late Philip Gatt and Tereza Gatt née Cardona, born in Ħaż-Żebbuġ and residing in Ħaż-Żebbuġ (ID 730534M) vs Deputy Curators to represent the directus dominus or the sub directus dominus or their successors in title, the applicant Mary Rose Gatt (ID 730534M) respectfully submitted:

That the father of the applicant bought and acquired the premises that is the house with number 8 situated in Triq il-Parroċċa previously Strada Parrochiale, Ħaż-Żebbuġ, from Antonio, Giorgio, Giuseppa, Marianna, Calcedonia and Giorgia Briffa as their ordinary residence by means of a public deed in the records of Dr Nicola Said dated 23rd August, 1948 (copy here attached and marked as Doc. A) which premises is subject to the rate of groundrent in the amount of four shillings and four pence (£0.4s.4d) about €0.30, of annual and perpetual groundrent, free and unencumbered, with all its rights and appurtenances;

A site plan showing the position of the property which property is being marked in yellow is being here attached and marked as Doc. B;

That the applicant wishes to avail herself of the option given to her in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the said groundrent;

The amount of €0.30 capitalised at the rate of 5% amounts to €6.00;

That the applicant is depositing the amount of €0.30 representing the laudemium due in terms of the conditions of the same groundrent.

That in addition, the applicant is depositing the amount of €1.50 representing five (5) years groundrent arrears.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the amount of €7.80 to redeem this groundrent, which amount will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: Mary Rose Gatt, 8, Triq il-Parroċċa, Ħaż-Żebbuġ

Notification: 1) Director of Public Registry, Evans Building, Triq il-Merkanti, Valletta

2) Lands Registrar, Casa Bolino, 116, Triq il-Punent, Valletta VLT 2000

  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 Grazio Mercieca LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 22nd September, 2020, by this Court (AF) in the records of the Sworn Application in the names HSBC Bank Malta plc vs Etienne Schembri et,  Application number 212/20 AF, the following publication was ordered for the purpose of service of the respondent Etienne Schembri, in terms of Article 187(3) et sequitur of Cap. 12. This Application was put off for hearing from the sitting of the 20th May, 2021.

By means of a Sworn Application, filed , in the Civil Court First Hall in the names HSBC Bank Malta plc (C3177) vs 1) Etienne Schembri (ID 332479M), and 2) Vanessa Triganza (ID 212279M) on the 5th March, 2020, the applicant HSBC Bank Malta plc, asked this Honourable Court,

1. To declare that the respondents are debtors of the plaintiff company in the amount of €92,442.71, condemn the respondents to pay the plaintiff company he amount of €92,442.71, with legal interest from the 22nd October, 2019, till the final payment.

With costs, against the respondents, from now summoned so that a reference to their evidence be made. With further interest according to law till the date of effective payment.

The Sworn Application in the names HSBC Bank Malta plc vs Etienne Schembri et, Application number 212/20 AF, has been deferred for hearing to the 20th October, 2021, at 9.00 a.m.

Notify Respondent: Anici Flats, Flat 2, Triq Mons. Gerald Frendo, Ħal Qormi

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 By means of a decree given, by the First Hall Civil Court (Constitutional Jurisdiction) on the 20th May, 2021, in the records of the Application in the names Malcolm Mallia et vs the State Advocate et, Application number 226/2021 GM, the following publication was ordered for the purpose of service of the respondent Edwin John Day, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Constitutional Application, filed, in the First Hall Civil Court (Constitutional Jurisdiction) in the names Malcolm Mallia et vs the State Advocate et, on the 14th April, 2021, the applicant Malcolm Mallia (ID  373789M) and Matthias Mallia (ID 263690M) respectfully pleaded:

  1. That the applicants are the owners of the premises consisting in a residential home with its airspace and basement, with the yard and garden with number four (4) and six (6) sometimes referred to with numbers two hundred and eleven (211) and two hundred and twelve (212) in Triq in-Naxxar, Birkirkara;

  2. That this premises property of the applicants is subject to an old lease, or rather lease which started to run from before the 1st June, 1995, which lease has run for a long period in favour of the respondent Edwin John Day;

3. That notwithstanding the amendments which followed in the camp of the rent laws, principally Act X of 2009, this lease always remained and is still renewed in favour of the respondent lessee in virtue of the law, principally The Reletting of Urban Property Regulation Ordinance, Cap. 69 of the Laws of Malta;

 … omissis …

Thus, the applicants respectfully pray that this Honourable Court:

1. To declare and decide that the Reletting of Urban Property Regulation Ordinance (Ordinance XX1 of 1931 today Cap. 69) particularly but not limitedly Articles 3,4, 5,8 and 9 of the same Cap. and the amendments which came into force by Act X of 2009, particularly but not limitedly Articles 1531 B and 1531 C of Cap 16 of the Laws of Malta and/ or their application to the lease mentioned of the premises consisting in a residential home with its airspace and basement , with the yard and garden with number four (4) and six (6) at other times referred to with numbers two hundred and eleven (211) and two hundred and twelve (212) in Triq in Naxxar, Birkirkara, breach and violate the fundamental right of the applicants, qua owners of the same premises, to the peaceful enjoyment of their property, and this in breach of Article 37 of the Constitution of Malta and Article 1 of the First Protocol of the European Convention for the Protection of Fundamental Rights and Liberties ratified by means of Cap. 319 of the Laws of Malta, and this saving if necessary the appointment of architects to make the opportune valuations for the premises de quo;

1. Consequently and for the reasons premised declare that the provisions of the Reletting of Urban Property Regulation Ordinance (Ordinance XX 1 of 1931 today Cap. 69) particularly but no limitedly Articles 3, 4,5 8 and 9 of the same Cap. as well as those of the Civil Code (Cap 16) relative to the lease prior to the first (1) of June 1995, particularly but not limitedly Articles 1531 B and 1531C, should not continue to regulate and apply to the lease merit of the present cause and uphold the other demands in this application.

With costs, as demanded in the application against the respondents summoned so that a reference to their evidence be made.

The Constitutional Application in the names Malcolm Mallia et vs the State Advocate et, Application number 226/21 GM, has been deferred for hearing to the 12th July, 2021, at 9.20 a.m.

Notify Respondent: 4, Triq in-Naxxar, Birkirkara

Adv. Frank Portelli, LLD

For the Registrar Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 31st May, 2021, on the application of Lombard Bank Malta plc (C1607), Tuesday, 26th October, 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 tenement named 'Chez Mary Anne', without official number in Triq is-Santwarju, Mensija, San Ġwann, consisting of a maisonette overlying another maisonette named 'St Joseph', which is third party property. This property is free and unencumbered, including its airspace, with all its rights and enjoyments and bounded on the North by Triq is-Santwarju and on the South and North-East by property of Saverio Micallef or his successors in title, with the drains and drainage system in common with the underlying maisonette and overlooking onto the underlying maisonette courtyard, valued at two hundred and twenty thousand euro (€220,000).

The said tenement is the property of Denise Buttigieg (ID294069M)

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

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 24th May, 2021, Application number 833/2021, by Anthony Attard and his children Anthony Attard and Samuel John Attard whereby following the application Dolores sive Doris Attard née Brown, wife of Anthony Attard, daughter of Samuel Brown and Theresa Brown née Micallef, born in Vittoriosa on the 14th May, 1939, and residing at Marsaskala, aged 82, and holding identity card number 391539M was interdicted from all the acts of the civil life by means of a decree given on the 3rd June, 2021.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals