Court Notices published in Govt. Gazette No. 20,679 of 6th August 2021

By decree given by the Civil Court, First Hall on the 27th July, 2021 on the application of Bank of Valletta plc (C2833), Tuesday, 23rd November, 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 Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Unnumbered garage named 'Elia' in Cannon Road, Qormi, other times referred to as Santa Venera. The said garage is bounded on East by Triq il-Kanun, North by property of Emanuel Galea and on the south by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of forty one euro and five cents (€41.05) payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at two hundred and thirty five thousand euro (€235,000).

The said tenement is the property of Merger Enterprises Limited (C7066).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, on the 22nd September, 2020, in the records of the Application , in the names Mary Doris Caruana et vs The Planning Authority, Application 52/18, the following publication was ordered for the purpose of service of the respondents Paul Cardona and Michael Axisa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, in the names Mary Doris Caruana (ID 506144M), as well as Maria Theresa Caruana Saydon (ID 461475M) and Advocate Dr Ausonia Vancell (ID 321072M), in their own name and on behalf of Lawrence Caruana (ID 398573M) presently absent from Malta, as duly authorised vs 1) The Planning Authority, 2) Victor Baldacchino (ID 519963M), 3) Emmanuel Mifsud (ID 916648M), 4) Paul Cardona (ID 200545M), 5) Michael Axisa (ID 931647M), 6) Joseph Gaffarena (ID 1040944M), 7) Vincent Caruana (ID 216622M), on the 11th November, 2018, the applicant plaintiff appellants Mary Doris Caruana et, respecfully pleaded:

That this is an appeal from a judgement of the First Hall, Civil Court, decided on the 22nd October, 2019, in virtue of which the Honourable Court of First Instance,upheld the fourth plea of the respondent defendant Authority and the second plea of the other respondent defendants by declaring the lack of competence in terms of Article 469(4) of Cap. 12 of the Laws of Malta.

A. The Facts in Brief

1. That the plaintiff appellants are co-owners of the parcel of land in Triq il-Konvoj, ta' Santa Marija, Mqabba, that they inherited from Nazzareno Caruana who is the husband of Mary Doris Caruana and father of the other plaintiff appellants;

2. That from the searches carried out by Architect Michael Camilleri it was pointed out that on the parcel of land which included amongst others the land of the plaintiffs appellants, the defendant respondent Victor Baldacchino had submitted a Planning Control Application with number PC 21/14 in his name and in the name of other owners of plots in the same surroundings;

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4. That as soon as the plaintiff appellants came to know of this they contacted the respondent defendant Authority in order to obtain more details regarding this application. That it resulted that the development as proposed in this application was going to create serious prejudice to the property rights of the plaintiff appellants.

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B. The Demand, the Pleas and the Judgement Appealed

10. That by mean of a sworn application of the 16th January, 2018, the plaintiff appellants filed procedures before the First Hall Civil Court, whereby they asked this Honourable Court,

i) To declare that the decision taken by the respondent Authority on the 17th July, 2017, deserves to be revoked inter alia but in terms of Article 469(A) (i) (a) and (b) (iv) of Cap 16 of the Laws of Malta;

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v) Order the respondents or either of them to pay the damages so liquidated;

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ii.That in its sworn application the defendant respondent authority raised the following pleas;

3. In the First Place also the pleading Authority cannot and should not answer for the plaintiff's demands as the decision regarding the application PC Number 21/14, of which the cancelling is being asked was not taken by Planning Authority, but by the Minister concerned who is not a party in these procedures;

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5. That always without prejudice to the preceding pleas the lask of juridical interest of the plaintiffs to present and bring forward this action against the Planning Authority;

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13. That by a judgement of the 22nd October, 2019, the First Hall Civil Court, decided the cause as follows,

Decide

For these motives the Court upholds the fourth pea of the defendant Authority and the second plea of the other defendants and declares its lack of competence as the mode of contestation or acquiring of the remedy regarding the particular administrative act requested by the plaintiffs is provided for in another law and consequently abstain from taking cognizance of the third and fifth preliminary pleas of the same Authority';

14. That the plaintiff appellants felt aggrieved by this judgement and are thus bringing forward this appeal based on three grievances as explained hereunder.

C. The Grievances

15. That the grievances of the plaintiff appellants are clear and manifest and consist in the following:

i) The First Grievance: That the fact that the plaintiff appellants did not object to the application PC 21/14, does not prejudice their right to file procedures on the basis of article 469A (i) (a) and (b) (iv) of Cap 12 of the Laws of Malta;

ii) The Second Grievance: That the Honourable First Court made a wrong appreciation of the facts and of the law when it concluded that the plaintiff appellants had an alternative remedy provided by Article 54(5) of Cap 552 of the Laws of Malta and this because as shall be explained this so called 'alternative remedy' does not apply to the present case;

iii) The Third Grievance: That the Honourable First Court failed to consider the demands of the appellant plaintiffs for the liquidation of damages as compensation for the devaluation of their property.

D. Conclusion - Demand

Thus for the reasons and grievances above brought forward whilst reference is made to the proof produced and reservation is made for the production of further proof if admissible according to law, the plaintiff appellants humbly ask this Honourable Court of Appeal, to revoke the judgement of the First Hall Civil Court of the 22nd October, 2019, whereby it upheld the fourth preliminary plea of the respondent defendant Authority and the second preliminary plea of the other respondent defendants and send back the records back to the First Hall Civil Court to continue the cause on the merit.

With costs, of both instances against the respondents

Services: 1) Paul Cardona, Tas-Sultan, Triq Ħal Far, Iż-Żurrieq

2) Michael Axisa, 4, F/H St Peter's Pool, Marsaxlokk

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Mariem Al Saied Zawia (ID 338100L) filed an application under oath (No. 713/2021JVC) demanding the Correction of the Act of Birth No. 3381/2000 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

ARB/C056/2021 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 1st August, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 127/2021, in the case:

The Police

(Inspector Jonathan Ransley)

Versus

ROSARIO CARUSO, 48 years, son of Salvatore and Giovanna née Grasso, born in Italy on the 16th April, 1973, and residing at 71, Triq Cameron, Gżira, and holder of Italian passport bearing number AA1055886.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to ROSARIO CARUSO and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this according to Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused himself may indicate to the Court from which account he is perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve 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

By means of a decree given on the 28th of July, 2021, by The Civil Court (Voluntary Jurisdiction Section) on an application number 1125/2021 filed by Mario Cappello, wherein it has been ordered the opening and publication of the secret will Tereza Cappello (KI 335523M), widow of Giacomo Cappello, daughter of the late Rocco Vassallo u Assunta Vassallo née Zammit, born at Ħal Tarxien, Malta, and died at Tal-Qroqq, Msida, Malta, on the 20th March, 2021, aged 97 years.

The opening and publication are going to be held on Thursday, 16th September, 2021, at quarter to nine (8.45 a.m.) presided by the Hon. Judge Grazio Mercieca under the ministry of Notary Dr Roland Wadge.

Melissa Galea

For The Registrar Civil Courts and Tribunal

By means of a decree given, by the First Hall Civil Court, on the 18th June, 2021, in records of the Application in the name Evellina sive Velina Vidal et vs Anthony Ciappara et, Application number 352/2021RGM, the following publication was ordered for the purpose of service of Anthony Ciappara and Romano Cutajar and this by means of this publication as provided in Article 187(3) et sequitur of Cap. 12.

By means of an application in the names Evellina sive Velina Vidal, holder of identity card number 429725M; Mary Abela, holder of identity card number 306634M; Joseph Spiteri, holder of identity card number 627361M; Paul Spiteri, holder of identity card number 23776M; Mark Anthony Spiteri, holder of identity card number 478481M; Marica Spiteri, holder of identity card number 158085M; Rita Micallef, holder of identity card number 694560M, Annie Spiteri, holder of identity card number 11132M, Simeon sive Simone Bonello, holder of identity card number 196068M; Carmel sive Charles Spiteri, holder of identity card number 512052M; Miriam Camilleri, holder of identity card number 466756M; Spiridione Curmi, holder of identity card number 694959M; Joseph Curmi, holder of identity card number 197262M; Carmel Curmi, holder of identity card number 139853M; Raymund Curmi, holder of identity card number 76657M, Francis Curmi, holder of identity card number 10066M; Martina sive Marthese Miceli, holder of identity card number 277054M; Joanna sive Antida Baldacchino, holder of identity card number 924147M; Paul Bonello, holder of identity card number 248964M; Emanuel Bonello, holder of identity card number 319840M; Maria Dolores sive Dorianne Zappalà, holder of identity card number 184268M; Josianne Suda, holder of identity card number 389670M; Antonio Gatt, holder of identity card number 351636M; Anna Maria Buttigieg, holder of identity card number 737651M, in her own name and as special mandatory of the absent Vincenza Caruana, born in Valletta, on the 8th May 1936 and the absent Emanuel sive Leli Buttigieg, born in Valletta, on the 29th September 1930; Anna Fiorella Pace, holder of identity card number 403470M; Doriana Buttigieg, holder of identity card number 508681M; Nicolette Gatt, holder of identity card number 247189M; Rosa Pace, holder of identity card number 390448M in her own name and as special mandatory of the absent Joseph Buttigieg, British passport number 522669515, Mario Buttigieg, holder of identity card number 95354M, Francis Buttigieg, holder of British passport number 519283194, Anthony Buttigieg, residing in London, England, Carmelo Buttigieg, holder of identity card number 107958M, and Johnny Buttigieg, holder of British passport number 575341616; Emanuela Azzopardi, holder of identity card number 698951M; Louise Mallia, holder of identity card number 297757M; Salvina Azzopardi, holder of identity card number 514055M; Josephine sive Josette Bugeja, holder of identity card number 330567M; Helen Azzopardi, holder of identity card number 599961M; Giovanna Dolores sive Joan Camilleri, holder of identity card number 264658M; Spiridione sive Siro Zerafa, holder of identity card number 26460M; Francis Pace, holder of identity card number 348241M; Maria Dolores Gauci, holder of identity card number 570748M; Carmel Pace, holder of identity card number 528953M; Helen Pace, holder of identity card number 626449M; Maria Pace, holder of identity card number 348241M; Igino Ellul, holder of identity card number 424835M; Anna Fenech, holder of identity card number 371764M; Robert Portelli, holder of identity card number 366851M; Alice Spiteri, holder of identity card number 905248M; Antonia Fabri, holder of identity card number 733554M; Georgina Abela, holder of identity card number 297160M; Maria Anna Agius, holder of identity card number 224350M; Josephine Mifsud, holder of identity card number 902647M; Mario Farrugia, holder of identity card number 724535M; Loranne Vella, holder of identity card number 30672G; Karlvin Ciappara, holder of identity card number 609183M; Alfred Buttigieg, holder of identity card number 878049M; Josephine Grech, holder of identity card number 558841M; Carmela sive Lilian Agius, holder of identity card number 858344M; Joseph Spiteri, holder of identity card number 189745M, in his own name and as special mandatory of the absent Melanie Howell, holder of American passport number 597378401; Dolores sive Doreen Amato, holder of identity card number 241956M and; John sive John Baptist Camilleri, holder of identity card number 634544M, in his own name and as special mandatory of Francis Camilleri holder of Australian passport number PA8234187, Sister Maria Bianca Camilleri (Lay Carmelina Camilleri) and Mario Scicluna, holder of Australian passport number N7422017; Sister Vitorina Camilleri (Lay Vincenza sive Censa Camilleri) holder of identity card number 450941M; Mary Schembri, holder of identity card number 383340M; Roberta Grech, holder of identity card number 56478M; Anna Bondin, holder of identity card number 164349M; Roderick sive Roderigo-Alfred Cutajar, holder of identity card number 210371M;Loridana Cutajar, holder of identity card number 273377M; Carlos Spiteri, holder of identity card number 148078M; Franco Spiteri, holder of identity card number 37481M; Raymond Gauci holder of identity card number 320257M, in his own name and as special mandatory of the absent Paul Gauci, holder of Australian passport number 42855725;Anna Zammit, holder of identity card number 662555M; Emanuela sive Lilian Gauci holder of identity card number 474050M; Margaret Puglisi holder of identity card number 619053M; Vincent Gauci, holder of identity card number 708445M; John Chircop, holder of identity card number 239263M; Emanuel Chircop, holder of identity card number 28865M; Joseph Chircop, holder of identity card number 431659M; Mary Louise Cini, holder of identity card number 201571M; Stephen Chircop, holder of identity card number 251666M; Carmel Chircop, holder of identity card number 431759M; Kevin Chircop, holder of identity card number 281272M; Carmen Coleiro, holder of identity card number 809259M, who is appearing as curator ad litem of the minor Deborah Lee Buttigieg Coleiro, holder of identity card number 11003L and the minor Yose Buttigieg Coleiro, holder of identity card number 10903L

vs

Anthony Ciappara, holder of identity card Number 296536M; Romano Cutajar, holder of identity card Number 315948M, and deputy curators to represent the unknown heirs of Doris Abdilla, Emanuel Spiteri, Anthony Buttigieg, Joseph Buttigieg and Sister Salvatorina Camilleri all owners of the remaining unknown share of the premises with number 29, 30, 31, 32, 33, 34 found in Triq Sant'Anna, Valletta, premises number 93, Triq San Duminku, Valletta, and premises with number 3, Triq il-Gendus, Valletta, in the First Hall of the Civil Court, on the 20th April, 2021,

The applicants Evellina sive Velina Vidal, holder of identity card number 429725M; Mary Abela, holder of identity card number 306634M; Joseph Spiteri, holder of identity card number 627361M; Paul Spiteri, holder of identity card number 23776M; Mark Anthony Spiteri, holder of identity card number 478481M; Marica Spiteri, holder of identity card number 158085M; Rita Micallef, holder of identity card number 694560M, Annie Spiteri, holder of identity card number 11132M, Simeon sive Simone Bonello, holder of identity card number 196068M; Carmel sive Charles Spiteri, holder of identity card number 512052M; Miriam Camilleri, holder of identity card number 466756M; Spiridione Curmi, holder of identity card number 694959M; Joseph Curmi, holder of identity card number 197262M; Carmel Curmi, holder of identity card number 139853M; Raymund Curmi, holder of identity card number 76657M, Francis Curmi, holder of identity card number 10066M; Martina sive Marthese Miceli, holder of identity card number 277054M; Joanna sive Antida Baldacchino, holder of identity card number 924147M; Paul Bonello, holder of identity card number 248964M; Emanuel Bonello, holder of identity card number 319840M; Maria Dolores sive Dorianne Zappalà, holder of identity card number 184268M; Josianne Suda, holder of identity card number 389670M; Antonio Gatt, holder of identity card number 351636M; Anna Maria Buttigieg, holder of identity card number 737651M, in her own name and as special mandatory of the absent Vincenza Caruana, born in Valletta, on the 8th May 1936, and the absent Emanuel sive Leli Buttigieg, born in Valletta, on the 29th September, 1930; Anna Fiorella Pace, holder of identity card number 403470M; Doriana Buttigieg, holder of identity card number 508681M; Nicolette Gatt, holder of identity card number 247189M; Rosa Pace, holder of identity card number 390448M in her own name and as special mandatory of the absent Joseph Buttigieg, British passport number 522669515, Mario Buttigieg, holder of identity card number 95354M, Francis Buttigieg, holder of British passport number 519283194, Anthony Buttigieg, residing in London, England, Carmelo Buttigieg, holder of identity card number 107958M, and Johnny Buttigieg, holder of British passport number 575341616; Emanuela Azzopardi, holder of identity card number 698951M; Louise Mallia, holder of identity card number 297757M; Salvina Azzopardi, holder of identity card number 514055M; Josephine sive Josette Bugeja, holder of identity card number 330567M; Helen Azzopardi, holder of identity card number 599961M; Giovanna Dolores sive Joan Camilleri, holder of identity card number 264658M; Spiridione sive Siro Zerafa, holder of identity card number 26460M; Francis Pace, holder of identity card number 348241M; Maria Dolores Gauci, holder of identity card number 570748M; Carmel Pace, holder of identity card number 528953M; Helen Pace, holder of identity card number 626449M; Maria Pace, holder of identity card number 348241M; Igino Ellul, holder of identity card number 424835M; Anna Fenech, holder of identity card number 371764M; Robert Portelli, holder of identity card number 366851M; Alice Spiteri, holder of identity card number 905248M; Antonia Fabri, holder of identity card number 733554M; Georgina Abela, holder of identity card number 297160M; Maria Anna Agius, holder of identity card number 224350M; Josephine Mifsud, holder of identity card number 902647M; Mario Farrugia, holder of identity card number 724535M; Loranne Vella, holder of identity card number 30672G; Karlvin Ciappara, holder of identity card number 609183M; Alfred Buttigieg, holder of identity card number 878049M; Josephine Grech, holder of identity card number 558841M; Carmela sive Lilian Agius, holder of identity card number 858344M; Joseph Spiteri, holder of identity card number 189745M, in his own name and as special mandatory of the absent Melanie Howell, holder of American passport number 597378401; Dolores sive Doreen Amato, holder of identity card number 241956M and; John sive John Baptist Camilleri, holder of identity card number 634544M, in his own name and as special mandatory of Francis Camilleri holder of Australian passport number PA8234187, Sister Maria Bianca Camilleri (Lay Carmelina Camilleri) and Mario Scicluna, holder of Australian passport number N7422017; Sister Vitorina Camilleri (lay Vincenza sive Censa Camilleri) holder of identity card number 450941M; Mary Schembri, holder of identity card number 383340M; Roberta Grech, holder of identity card number 56478M; Anna Bondin, holder of identity card number 164349M; Roderick sive Roderigo-Alfred Cutajar, holder of identity card number 210371M;Loridana Cutajar, holder of identity card number 273377M; Carlos Spiteri, holder of identity card number 148078M; Franco Spiteri, holder of identity card number 37481M; Raymond Gauci holder of identity card number 320257M, in his own name and as special mandatory of the absent Paul Gauci, holder of Australian passport number 42855725;Anna Zammit, holder of identity card number 662555M; Emanuela sive Lilian Gauci holder of identity card number 474050M; Margaret Puglisi holder of identity card number 619053M; Vincent Gauci, holder of identity card number 708445M; John Chircop, holder of identity card number 239263M; Emanuel Chircop, holder of identity card number 28865M; Joseph Chircop, holder of identity card number 431659M; Mary Louise Cini, holder of identity card number 201571M; Stephen Chircop, holder of identity card number 251666M; Carmel Chircop, holder of identity card number 431759M;Kevin Chircop, holder of identity card number 281272M;Carmen Coleiro, holder of identity card number 809259M, who is appearing as curator ad litem of the minor Deborah Lee Buttigieg Coleiro, holder of identity card number 11003L and the minor Yose Buttigieg Coleiro, holder of identity card number 10903L request with respect and Mario Farrugia, holder of identity card number 724535M and Alfred Buttigieg, holder of identity card number 878049M, confirm on oath:

1. That the applicants are all co-owners in unequal shares, of the premises numbered 29, Triq Sant'Anna, Valletta; number 30, Triq Sant'Anna, Valletta; Number 31, Triq Sant'Anna, Valletta; Number 32, Triq Sant'Anna, Valletta; Number 33, Triq Sant'Anna, Valletta; 34, Triq Sant'Anna, Valletta, and also premises number 93, Triq San Duminku, Valletta, and the premises number 3, Triq il-Gendus, Valletta, all of which are hereinafter referred to as 'the Property'.

2. That the Property was originally acquired by Francesco Spiteri, during his marriage to Vincenza Spiteri, by means of a contract dated the 1st of October, 1948, in the records of Notary John Tabone Adami, copy of which is attached and marked as Doc. A,

3. That after the death of the said Francesco Spiteri, and by means of his two wills unica charta dated 23rd September, 1927, and 25th April, 1930, respectively, among other provisions, he nominated and instituted as his universal heirs his nine (9) children namely Annunziata Buttigieg, Carmelo Spiteri, Giuseppe Spiteri, Giovanna Zerafa, Carmela Camilleri, Antonia Pace, Igina Farrugia, Maria Buttigieg and Paolo Spiteri. It is said for all the purposes that Carmelo Spiteri died childless and before his father Francesco Spiteri.

4. That the said Vincenza Spiteri sold her share of the property to her children, and that is to the said Annunziata Buttigieg (during the marriage with Carmelo Buttigieg), Giuseppe Spiteri (during the marriage with Mary sive Marietta Spiteri), Giovanna Zerafa, Carmela Camilleri (during the marriage with Salvatore Camilleri), Antonia Pace (during the marriage with Vincenzo Pace), Igina Farrugia (during the marriage with Carmelo Farrugia), Maria Buttigieg (during the marriage with Paolo Buttigieg) and Paolo Spiteri (during the marriage with Mary Spiteri) and this by means of a contract dated 6th June 1952 in the records of Notary Emanuele Agius, copy here attached and marked as Doc. B.

5. That subsequently, the Property was transferred to the applicant, as current owners, through a series of sia inter-vivos and also as causa mortis transfers, as results from the detailed provenance of the Property prepared by Notary Dr Timothy Ellis (here attached and marked as Doc. C) and from the family tree confirmed under oath in accordance with the affidavit attached and marked as Doc. D;

6. That therefore, the applicants among them have the largest number of undivided shares of the Property and this given that between them they hold 580/629 shares and this as detailed in the affidavit made by Notary Dr Timothy Ellis on the 14th April 2021 (here attached and  marked as Doc. E).

7. That with regard to the remaining share of 49/929 as results from the same affidavit (Doc. E) they belong to Romano Cutajar, Anthony Ciappara and to the unknown heirs of Doris Abdilla, Emanuel Spiteri, Anthony Buttigieg, Joseph Buttigieg and Sister Salvatorina Camilleri in their respective shares;

8. That therefore, the co-owners have been in a state of communion for more than 3 years and as far as they know none of the owners has initiated any action before any court or tribunal for the division of the premises de quo held in common between the present parties;

  9. That therefore the applicants, who are the largest number of co-owners, agreed to the sale of the property de quo, and in fact found its sale towards the price of €304,000 and eventually signed a preliminary agreement on the 11th December, 2019, before Notary Dr Timothy Ellis and by means of the preliminary agreement they bound themselves to sell part of the property, and that is the premises number 29, 31, 32, 33 all found in Triq Sant'Anna, Valletta, to Doreen (Maria Dolores) Magri, and the other part and that is the premises number 30 and 34 in Triq Sant'Anna, Valletta, the premises 93, Triq San Duminku (corner with Triq il-Gendus), Valletta, and the premises number 3, Triq il-Gendus, Valletta, to Michael Galea and Kristine sive Kristen Buhagiar, that on their part they all bound themselves to acquire the same premises, for the price above mentioned, and as subject to the terms and conditions contained in the same preliminary agreement, a copy of which is here attached and marked as Doc. F;

10. That subsequently to the signing of the agreement of this sale, declarations of ratifications were signed by those co-owners qua applicants who had not appeared on the original agreement, a copy of which is annexed here and marked as Doc. G till Doc. N;

 11. That the agreed price of the Property de quo is fair and real and refleccts the market value and this as it results from the estimates prepared by Architect Ivan Bondin and Architect Catherine Galea of the 17th March, 2021, and the 26th February, 2021, respectively, here attached and marked as Doc. O and Doc. P;

12. That it is consequential therefore that neither Anthony Ciappara, nor Romano Cutajar, nor the unknown owner or owners, will be prejudiced in any way, by such a sale of the premises de quo;

13. That there is no valid reason in law why this Honourable Court should not order and authorise this sale of the Property at the price indicated above and in accordance with the terms and conditions indicated in the preliminary agreement signed on the 11th December 2019 and subsequently ratified;

14.That these facts are known personally by the applicants;

15.That therefore this cause had to be made.

Thus, and for the reasons above mentioned, the defendants state why this Honourable Court should not:

a) Authorise the sale of the premises with number 29, 31, 32, 33 all located in Triq Sant'Anna, Valletta, with all their rights and appurtenances to Doreen (Maria Dolores) Magri and order the authorisation of the sale of the premises number 30 and 34 found in Triq Sant'Anna, Valletta, the premises number 93, Triq San Duminku (corner with Triq il-Gendus), Valletta, and the premises number 3, Triq il-Gendus, Valletta, with all its rights and pertinences to Michael Galea and Kristine sive Kristen Buhagiar, and this for the price and under the terms and conditions above indicated in the promise of sale signed on the 11th December, 2019, before Notary Dr Timothy Ellis and this in terms of Article 495A of Cap. 16 of the Laws of Malta and with the relative dispositions of the same Cap. 16.

 b) Set a day, place and time for the publication of the final act of sale and transfer, and if necessary, for the publication of any other public deed and/or statements and/or ancillary acts to the final act of sale and transfer which may be necessary to enable the final act of sale and transfer to be published and signed, including declarations causa mortis;

c) Appoints Notary Dr Timothy Ellis, who drafted the preliminary agreement, to publish the final deed of sale between all the above parties, and to publish any other public deeds and/'or statements and/or ancillary acts to the final deed of sale and transfer which may be necessary to enable the publication and insinuation of the final deed of sale and transfer on the day, time and place to be fixed by this Honourable Court, including declarations causa mortis;

d) Appoints deputy curators to represent Anthony Ciappara, Romano Cutajar and the unknown owner or owners and/or any eventual defaulters on the contract of sale and relative transfer, and if necessary, for the publication of any other deed public and/or statements and/or ancillary acts to the final act of sale and transfer that may be necessary to enable the final act of sale and transfer to be published and signed, including declarations causa mortis.

 Applicant: Mario Farrugia, 51, Kennija, Triq Ħal Qormi (Torretta), Santa Venera

Respondents: Anthony Ciappara Malta, 515, Triq Il- Kbira San Ġużepp, Santa Venera

Romano Cutajar Malta, 40, Triq Dun Nerik Cordina Perez, Ħamrun

_____________________, Deputy Curators, Law Courts Building, Valletta

The Application in the names Evellina sive Velina Vidal et vs Anthony Ciappara et, Application number 352/2021RGM, is postponed for hearing to the 9th November 2021 at 9.30 a.m.

Adv. Frank Portelli, LLD

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 29th July, 2021, and this after a written plea numbered 570/2021, Ordered:

The correction of the birth certificate of Chris Bernard Farrugia bearing number 4670 of the year 1987 whereby in the columns headed 'Names given' and 'Name or Names by which child is to be called' the name 'Chris Bernard' is changed to the correct name 'Bernard Chris'.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

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 2nd August, 2021, and this after a written plea numbered 609/2021, Ordered:

The correction of the birth certificate of Bartolomeo Micallef bearing number 1176 of the year 1971 whereby in the columns headed 'Names given' and 'Name or Names by which child is to be called' the name 'Bartolomeo' is changed to the correct name 'Robert' as well as that this is reflected in his Marriage Act bearing number 1522 of the year 1993 as well as in the birth certificates of his three children bearing numbers 3799 of the year 1995, 1101 of the year 2001 and 37 of the year 2004 wherever his name appears in these other four acts.

Court of Revision of Notarial Acts

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

By decree given by the Civil Court, First Hall on the 5th April, 2021, on the application of Bank of Valletta p.l.c. (C2833), Tuesday, 28th September, 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:

Apartment, internally numbered two (2), which apartment is on the left-hand side of the block when one looks at the block from the street, without its relative airspace, underlying and overlying third party property, forming part of a block named 'Saint Paul's Court' numbered sixteen (16) in Triq Efesu, Buġibba, limits of Saint Paul's Bay, free and unencumbered with all its rights and appurtenances, including also the right of use of the parts intended for common use. The said property enjoys and is subject to all the active and passive servitudes arising from its position. The said block consists of eight (8) basement garages, eight (8) overlying apartments and penthouse and is bounded on the West by the above-mentioned street, South with property of John D'Amato and others, or their successors in title, and North with another block named 'Sirens Courts' property of the brothers Tanti and others, or more correct boundaries and is valued at one hundred and eighty thousand euro (€180,000).

The said tenement is the property of Charlene Banks (ID 40372A) and by decree dated 24th November, 2020, Dr Joseph P. Bonnici 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 28/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals