Court Notices published in Govt. Gazette No. 20,684 of 17th August 2021

By decree given by the Civil Court, First Hall, on the 11th August, 2021, on the application of HSBC Bank Malta plc (C3177), Thursday, 9th December, 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 number three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Rue D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Rue D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID 24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree, given by the Court of Appeal, on the 28 th October 2020, in the records of the Application of Appeal, in the names Helga Mizzi vs Kenneth Camilleri, Application number 48/20, the following publication was ordered so that the Application for the Registration of a Dispensation super matrimonio rato et non consummato, given by Ecclesiastical Tribunal be notified to Kenneth Camilleri, and this by means of publication 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 Helga Mizzi (ID 460877M) vs Kenneth Camilleri (ID 24880M) on the 26th July, 2020, the applicant Helga Mizzi (ID 460877M) respectfully pleaded:

That she married the respondent Kenneth Camilleri, at the Parish of San Pawl Nawfragu, Valleta, Malta, on the ninth of August, 2013;

That the applicant had made a request to the Ecclesistical Tribunal of the Diocese of Malta, so that a Dispensation super matrimonio rato et non consummato regarding the said marriage be given;

That afte the records of the proceedings were examined by the Apostolic Tribunal of the Rota Romana and all the necessary procedures were made this request was brought before the special meeting of the Reverend Consultors;

That the same Apostolic Tribunal made a request in order to be given advice by His Holiness Pope Francis in favour of the Dispensation super matrimonio rato et non consummato which request was given an affirmative reply during the Audience of the 4th June, 2020;

That the applicant wishes that this dispensation from marriage be registered and effected by this Honourable Court in order to be recognised for all intents and purposes of law.

Thus, in view of the above the applicant humbly prays this Honourable Court,

1. To order that the dispensation from marriage of the Ecclesiastical Tribunal above mentioned in virtue of which the marriage between Helga Mizzi and Kenneth Camilleri was declared super matrimonio rato et non consummato, be registered and recognised as a decision for all effects and effects and purposes of th Civil Law as provided in Articles 23 and 24 of Cap. 255 of the Laws of Malta.

Notify: Kenneth Camilleri, 50, Ta' Ħabel, Triq il-Ferrovija, Birkirkara

28, St John, Flat 6, Triq l-Għaġuża, Marsaskala

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th June, 2021, Application number 934/2021, by Jasmine Camilleri and Stephen Camilleri, whereby following the application Chad Camilleri, son of Stephen Camilleri and Jasmine Camilleri née Grech, born in Tal-Pietà on the 16th June, 1998, and residing in Birżebbuġa, aged 23, and holding identity card number 221598M, was incapacitated by means of a decree given on the 13th July, 2021, under the conditions therein mentioned.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

ARB/C015/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th August, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 160/2021, in the case:

The Republic of Malta

Versus

 LORRAINE FALZON;

MATTHEW PACE;

AND

ZENITH FINANCE LIMITED, incorporated with the name MFSP Financial Management Limited, with Maltese registration number C42720 and registered address at 220, Triq l-Immakulata Kunċizzjoni, Msida, Malta.

The Court AUTHORISES the transfer of €47,400 which are to be withdrawn from the bank account 'Client Dividend Account' listed in the name of the company ZENITH FINANCE LIMITED ending in -2781 held at the Bank of Valletta plc, and deposited into the bank account 'Overdraft Facility' listed in the name of the company ZENITH FINANCE LIMITED ending in -4434 also held at the Bank of Valletta plc. The Court further AUTHORISES the release of €66,450 in the same manner as mentioned above, when the Court appointed administrator informs the bank that the relevant fees become due.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD) on the 20th March, 2021, which was published in the Government Gazette on the 26th March, 2021, 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 Lorraine Falzon, Matthew Pace, and ZENITH FINANCE LIMITED.

Acting Director, Asset Recovery Bureau

By means of a decree of the 27th July 2021 of the Rent Regulation Board, in the records of the Application in the names Alfred Paul Farrugia noe vs Rose Gauci, Application Number 172/2021SG, the following publication was ordered for the purpose of effecting service on the respondent Rose Gauci 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 Alfred Paul Farrugia for and on behalf of the Foundation Nicolo' Cilia attached with the Confraterinity of the Our Lady of Charity of Valletta vs Rose Gauci widow of Clement Gauci filed before the Rent Regulation Board on the 14th June, 2021, the applicant Alfred Paul Farrugia (ID 168436M) for and on behalf of the Foundation Nicolo' Cilia attached with the Confraternity of Our Lady of Charity of Valletta humbly request:

That the Confraternity of the Our Lady of Charity of Valletta used to rent to Clement Gauci, the husband of the respondent Rose Gauci, the commercial premises 75, Triq San Pawl, Valletta, to be used as a shop for the rent of €93.18 per annum, to be paid annually in advance on the 1st February;

That as it will results better, in the course of this case, the respondent violated the conditions of the lease;

That moreover, the respondent has changed the destination of the premises leased to her and is not using it for the purpose for which the lease was made.

Thus, the applicant nomine respectfully requests that this Board authorise him not to renew this lease in favour of the respondent on the expiry of the current installment, and consequently condemns the respondent to release the premises 75, Triq San Pawl, Valletta, vacant and in good condition in favour of the applicant nomine.

Applicant: 27, Triq Vincenzo Dimech, Floriana

Notification: 32, Razol, Triq il-Knisja l-Qadima, Birkirkara

The application in the names Alfred Paul Farrugia noe vs Rose Gauci, Application number 172/2021SG, has been postponed for hearing to the 17th September, 2021, at 10.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd June, 2021, of the Rent Regulation Board, in the records of the Application in the names Mary Brincat vs Massimo Zahra, Application number 124/2021SG, the following publication was ordered for the purpose of effecting service on the respondent Massimo Zahra in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application for special summary proceedings in the names Mary Brincat (ID 2732M) vs Massimo Zahra filed before the Rent Regulation Board on the 18th May, 2021, the applicant Mary Brincat (ID 2732M) requested with respect and confirmed on oath so that this Honourable Board subject to any necessary and opportune declaration, and for the reasons premised and as exempted from proceeding to trial such that this case is heard by way of the special summary proceedings as established by the Law under Article 16A of Cap. 69 of the Laws of Malta, asks this Honourable Board to order the respondent to appear before it on the day and at the time set by the said Board and in case that the respondent fail to appear at the sitting, or if he fails to show during the sitting, that he has a valid defence and reasons to contest the applicant's request, the said Rent Regulation Board should:

1. Declare and decide that the applicant has to receive the rent for the months of March, April, May 2021 amounting to €300;

2. Declare and decide that the lease of the premises 79, Triq il-Kapuċċini, Floriana, rented by the applicant to the respondent has to be terminated with immediate effect which eviction has to be made within a short and peremptory time that is established by this Board and this under the terms and conditions that this Board deems fit and opportun;

3. Declare and decide that the respondent is responsabile to pay as damages for the occupation of the premises till the date of leaving the premises;

4. Condemns the respondent to pay the damages of the occupation of the premises till the leaving of the premises.

With costs including those of the legal letter of the 15th April, 2021, and with due summons of the respondent who is from now being summoned so that a reference to his oath be made.

Applicants: 144, Triq il-Kbira, Ħal Balzan

Respondents: 79, Triq il-Kapuċċini, Floriana

The application in the names Mary Brincat vs Massimo Zahra, Application number 124/2021SG, has been postponed for hearing to the 15th September, 2021, at 12.00 p.m.

By order in terms of article 16A (1) of Cap. 69 of the Laws of Malta you have to appear in front of the Board above mentioned on the day and time that are established and notified to you.

In terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you are warned that these are special summary procedures in which procedures the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting (does not appear although duly notified) or if he fails to show, during that sitting, that they have a valid defence and reasons to contest the applicants' request.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th June, 2021, of the Civil Court First Hall in the records of judicial letter number 1041/2021, in the names Commissioner for Revenue vs Antonino Mirabella pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Antonino Mirabella (Italian passport number 241702R) in your own name and as director for and on behalf of the compay Valsystem Limited (C)

By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €101,701.66 representing the amount due by you pro et noe as Value Added Tax according to the same Act.

With costs and interest according to the Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants.

So much so that you may know how to regulate yourself and to proceed.

Notification: Antonio Mirabelli 25, Stanbridge Crt, Flat 3, Triq il-Kbira, Tas-Sliema

Valsystem Ltd, AGS House, Triq Giuseppe Calì, Ta' Xbiex

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th October, 2020, of the Courts of Magistrates (Malta) in the records of judicial letter number 1940/2020, in the names Lands Authority vs Joanne Debono, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

To Joanne Debono (ID 0456870M) of 17, Apartment 3, Triq il-Bjar, Valletta

By the present, the Lands Authority of Auberge de Baviere, Triq San Bastjan, Valletta, makes reference to:

The lease of the premises with address 17, Apartment 3, Triq il-Bjar, Valletta (Tenement number 078403);

The amount of €7, 292.10 representing the rent due by you to the Authority for the period till the 30th September, 2020.

Thus in view of the above, you are being solicited to immediately and in any event by not later than five (5) days from the date of this letter you pay the amount above mentioned. In default, the interpellant Authority will have no alternative but to file the executive warrants in order to enforce the executive title which it has against you, by means of the judicial letter in terms of Article 466 of the Code of Organisation and Civil Procedure number 632/2019 filed on the 8th April, 2019.

So much of your own guidance and to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th January, 2021, of the Civil Court First Hall in the records of judicial letter number 2953/2020, in the names Housing Authority vs Lucy Ciappara, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Lucy Ciappara (ID 0205062M) of Flat 8, Blokk A, Triq G. Grech Delicata, Ta' Paris Housing Estate, Birkirkara

By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, refers you to the Block A, Housing Estate, Birkirkara, property of the plaintiff and for the room that you built illegally on the roof of this block of appartments.

The Housing Authority is by means of this letter soliciting you in terms of Article 9a, 9(d)(ii)(iii) and the subsequent articles of Cap. 573 of the Laws of Malta – Government Lands Act – you vacate from the Flat 8, Block A, Housing Estate, Birkirkara, within 30 days from the notification of this judicial letter and this because:

You are occupying the property without a valid title at law because you built a room without the permit of the Housing Authority and so you acquired in your own favour space on the roof for which all the owners or the lessees of the other apartments of the block are entitled to;

Without prejudice for the above, you made different use of the land  from that agreed and you damaged the land or on that built on it.

This judicial letter is being sent in terms of Article 9 and subsequent articles of Cap. 573 of the Laws of Malta – Government Lands Act.

So much so that you know how to regulate yourself

With costs and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd February, 2021, of the Courts of Magistrates (Malta) in the records of judicial letter number 2387/2020, in the names Lands Authority vs Dorangel Hammett, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

To Dorangel Hammett (ID 0093576M) of 5, Sur San Pawl, Bormla

By the present, the Lands Authority of Auberge de Baviere, Triq San Bastjan, Valletta, makes reference to:

The lease of the premises with address 3, Flat 2, Block 16D, Triq il-Gendus (Tenement Number H063908);

The amount of €379,83 representing the rent due by you to the Authority for the period till the 6th February, 2013.

Thus in view of the above, you are being solicited to immediately and in any event by not later than five (5) days from the date of this letter you pay the amount above mentioned. In default, the interpellant Authority will have no alternative but to file the necessary judicial proceeding against you to safe guard its interests.

So much of your own guidance and to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

DKR 467/2017 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 22nd July, 2021, given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD) after an application filed by Vincent Muscat on the 12th July, 2021, and following judgement given by the same Court on the 23rd February, 2021, Bill of Indictment Number 7/2019, in the case in the names:

The Republic of Malta

Versus

Omissis

Omissis

And

VINCENT MUSCAT, 59 years, son of Anthony Muscat and Carmela Baldry, born in Birkirkara, Malta, on the 5th March, 1962, residing at number 109, Triq Bordin, Msida, Malta, and holder of Maltese identity card bearing number 252562M.

The Court upheld the request of the accused Vincent Muscat limitedly provided that the money coming from Carmela Micallef's inheritance belonging to the applicant, must from the Notary be deposited in the bank account of savings type with Bank of Valletta plc in the name of the applicant and which is indicated in the application, thus authorizing the said bank to receive these monies. But it rejects the request that this amount so deposited will be withdrawn in favour of Kristy Muscat. The said monies shall remain deposited in the said account and subject to the Freezing Order until the final sentence is executed as the same may be subject to confiscation in terms of Article 23B of the Criminal Code.

This variation is being published in terms of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order given on the 5th December, 2017, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) and published in the Government Gazette of the 7th December, 2017, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable property which may be due to or belonging to George Degiorgio, Alfred Degiorgio and Vincent Muscat.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals

By means of a decree of the 28th January, 2021, given by the First Hall of the Civil Courts, in the records of the judicial letter number 3316/2019, in the names Commissioner of Revenue vs Stephen Spiteri, ordered the following publication for the purpose of service in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Stephen Spiteri (ID 75186M) of Flt 6, Triq il-Għajn, Ent A, Valletta, on the 3rd September, 2019, Commissioner of Revenue of The Office of the Commissioner of Revenue, Floriana, calls upon you so that within two days you pay the sum of €23, 604 balance due from a greater amount and as for €18,242 representing the tax from the income and provisional tax for the years of assessment 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017 and €5,362 as additional tax and interest according to the Notice/Demand for Payment here attached animo ritirandi and marked as Doc. A.

As you failed to pay the amount due the interpellant notwithstanding the request for payment (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount due within the time given he will proceed for the execution of the title obtained in terms of Article 40 of the Act regarding the Tax Administration.

Pay the costs of this act

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th January, 2021, in the records of the judicial letter number 3537/2020, in the names David Kevin Aquilina vs Liam Mangion et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Liam Mangion and Anna Mangion in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Liam Mangion (ID 12881M) of 39, St Dominic Street, Valletta; and

  Anna Mangion (ID 236178M) of No. 3, Cardea Apartments, Triq Ġużè Ellul Mercer, Seatar, Msida, in solidum between them

By means of this present, David Kevin Aquilina (ID 757150M) c/o 62/4, Triq l-Ifran, Valletta, whilst making referring to the loan agreement dated 2nd September, 2016 (copy of which is here attached and marked as Doc. DKA1) and published in the records of Notary Doctor Ruben Casingena, solicits you so that within five days of the notification of this act you pay the interpellant the balance amount of €126,661.55, which amount includes the incurred interest in terms of the same contract to date.

The interpellant wishes to render the attached public deed executable for all the purposes and effects of law and this in terms of Art 256(2) of Cap. 12 of the Laws of Malta.

Thus, in default of payment within the time given to you the interpellant will take all the executive legal proceedings in accordance with law.

With costs and further legal interest from the day of service of this letter until the day of effective payment.

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 26th May, 2021, following a request by Maurice Agius et it was ordered that deputy curators be chosen to represent the unknown owner or owners in the acts of the schedule of deposit number 966/2021 in the names Maurice Agius et 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 26th May, 2021, in the names of Maurice Agius, carpenter, son of Vincent Agius and Teresa née Briffa, born in Ħamun, on the 18th September, 1942, and residing number 84, l-Għarix, Triq id-Dris, Swieqi (ID 0542142M); Jason Agius, labourer and Carmelo sive Carl Agius, handyman brothers Agius, children of the late Roger Agius and Lorenza née Caruana, born in Ħ'Attard on the 7th February, 1981, and residing in Tal-Pietà, on the 26th October, 1978, respectively, and residing respectively at 11, Triq Santa Katerina, Isla (ID 0192871M) and 49 Aurora, Triq il-Knisja, Ħal Tarxien (ID 0526478M); Paul Agius carpenter and Laurence Agius known as Ronnie Agius, disoccupied, brothers Agius, children of Vincent Agius u Teresa née Briffa, both born in Ħamrun on the 21st April, 1947, and 4th August, 1948, respectively, and residing respectively at 6, Triq Santa Marija, Ħamrun (ID 0412747M) and 71, Triq Azzopardi, Marsa (ID 0681348M); Denise Philippa Agius, widow of Mario Agius, teacher, daughter of Terrence Flatt and Phyllis née Mears, born in Rhinteln, Germany, on the 9th July, 1956, and residing at Cooper-Moor, Triq is-Siegħ, Swieqi (ID 0292307L); Anthony sive Lino Briffa, employed, son of Saverio sive Saviour Briffa and Catherine née Camilleri, born in Ħamrun on the 23rd February, 1946, and residing at number 19, Qalb ta' Ġesù, Triq il-Fatati, Ħamrun (ID 9947M); Anthony Zahra, unemployed and Joseph Zahra, driver, brothers Zahra, children of Joseph Zahra and Dolores née Briffa, both born in Marsa on the 7th March, 1955, and on the 28th October, 1958, and residing respectively at 144, Triq Stiefnu Zerafa, Marsa (ID 0196455M) and 104 Redeemer, Triq il-Marsa, Marsa, Malta (ID 682658M); 1) Anthony known as Twanny Briffa, pensioner and widower, 2) Anna Bonello, wife of Louis Bonello, house wife, 3) Lucy Borg, widow of Salvu Borg, housewife, 4) Maria Bezzina, wife of Joseph Bezzina, housewife, 5) Censina Bezzina wife of George Bezzina, housewife, 6) Joseph Briffa, pensioner, bachelor, 7) Gaetano Briffa unemployed, bachelor brothers and sisters Briffa children of the late Saverio Briffa and Catarina née Camilleri, all born in Ħamrun on the following dates respectively, 1) 30th March, 1937, and residing at Maria Concetta, Triq il-Kungress Marjan, Marsa (ID 286537M); (2) 1st August, 1944, and residing at number 2, Douaire, Triq il-Bajjada, Marsa (ID 0661844M); 3) 30th September, 1945, and residing at 18, Leeds, Triq Lord Byron, Ħamrun (ID 0814245M); 4) 5th April, 1948, and residing at 22, Triq Nuzzo, Ħamrun (ID 0365248M); 5) 18th November, 1951, and residing at number 159, Santa Rita, Triq Misraħ il-Barrieri, Santa Venera (ID 868551M); 6) 24th May, 1956, and residing at 84, Triq il-Marsa, Marsa (ID 0384156M); 7) 1st August, 1950, and residing at 84, Triq il-Marsa, Marsa (ID 0695950M) vs deputy curators to represent the unknown owner or owners, the applicants Maurice Agius, Jason Agius, Carmelo Agius, Paul Agius, Laurence Agius, Denis Philippa Agius, Anthony Briffa, Anthony Zahra, Joseph Zahra, Anthony Briffa, Anna Bonello, Lucy Borg, Maria Bezzina, Censina Bezzina, Joseph Briffa and Gaetano Briffa respectfully submitted:

That by means of a contract dated 25th July, 1958, in the records of Notary Doctor John Tabone Adami, a copy of which is here attached and marked as Document A, Vincenzo Agius and Saverio Briffa bought during their respective marriages the barn number 163, today number 88 Marsa Road, known as Via Marsa, Marsa, limits of Ħamrun (the Property) as subject to the annual and perpetual groundrent of Lm0.75 equivalent to €1.75;

That the above mentioned Saverio Briffa died on the 14th August, 1982, and his wife Caterina Briffa née Camilleri died on the 2nd July, 1999, intestate so the half (1/2) undivided share of the property above mentioned was inherited by their nine children above mentioned that is Anthony sive Twanny Briffa, Anna Bonello, Lucy Borg, Anthony sive Lino Briffa, Maria Bezzina, Censina Bezzina, Gaetano Briffa, Joseph Briffa and Dolores Zahra. Dolores Zahra died on the 11th December, 2009, and by a will in the records of Notary John Hayman dated 7th April, 1999, she inter alia nominated as her heirs her children Anthony and Joseph Zahra;

That the above-mentioned Vincenzo Agius died on the 25th March 1959 and his estate was inherited by his five children that is Maurice Agius, Laurence Agius, Paul Agius, Mario Agius and Roger Agius whilst his wife Teresa Agius née Briffa died on the 22nd April 1997 and by her will in the records of Notary Joseph Cachia dated 21st February 1985 she left a prelagacy to her son Mario Agius her share from the property above mentioned;

That the Property is shown in red on the plan of the Land Registry,attached and marked as Document B;

The applicants wish to avail themselves of the option given to them by the Maltese Law, and that is article 1501 of the Civil Code of Malta, and they want to redeem the said annual and perpetual groundrent of €1.75 per year and in perpetual due to the unknown onwer or owner;

The groundrent of €1.75 capitalised at the rate of 5% according to the aforemention provisions, amounts to the amount of €35;

That the applicants are depositing the amount of €8.75 that represents five years groundrent arrears.

Thus the applicants in view of the above and to exempt themselves from any responsability, are humbly calling upon this Honourable Court and under the authority of the same they are depositing the total amount of €43.75 as for the amount of €35 representing the redemption of the groundrent regarding the premises number 88, Marsa Road, known as Via Marsa, Marsa, and as for the amount of €8.75 representing groundrent arrears regarding the same Property so this amount can be freely withdrawn by the deputy curators for the unknown owner or owners who has the right to it after leaving the relative receipt according to law.

Applicants: Maurice Agius, 84, L-Għarix, Triq id-Dris, Swieqi

Anthony sive Lino Briffa, 19, Qalb ta' Ġesù, Triq il-Fatati, Ħamrun

Notification: Director of Public Registry, Triq il-Merkanti, Valletta

Deputy Curators, Law Courts, Valletta

Lands Registry, Triq il-Punent, 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 Miriam Hayman LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 17th June, 2021, 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).

Michael Attard Imports Ltd (C34433) of Triq Nazzjonali, Blata l-Bajda, filed a Claim on the 27th May, 2021, whereby they asked the Tribunal to condemn Matthew Pace Bonello (ID 520675M) of 98, St Vincent Street, Tas-Sliema, to pay the plaintiff company the sum of €1543.80, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 147/2021SFJ) is deferred on the 28th September, 2021, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 23rd June, 2021, the publication of the following extract was ordered for the purpose of service on Tapaz Malta Limited 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 9th February 2021, whereby they asked the Tribunal to condemn Tapaz Malta Limited (C79769) of 1652, Pendergardens, Triq Ivo Muscat Azzopardi, San Ġiljan and Christopher McKay, to pay the plaintiff company the sum of €2,202.76, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 42/2021PM) is deferred on the 16th September, 2021, at 12.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 4th March, 2021, 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).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a claim on the 25th February, 2021, whereby they asked the Tribunal to condemn Gordon Sammut (ID 95878M) of San Ġorġ Preca, P/H 3, Triq ir-Rebbiegħa, Siġġiewi, to pay the plaintiff company the sum of €3104.72, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 71/2021SFJ) is deferred on the 22nd September, 2021, at 12.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th April, 2021, Application number 573/2021, by Joseph Grima, Rita Falzon and Sherese Vella, whereby following the application Gemma Grima, widow, daughter of the late Paolo Livori and Carmela Livori née Agius, born in Cospicua on the 21st November 1927 and residing at Zejtun Home, Zejtun aged 93 and holding identity card number 759527(M) was INCAPACITATED by means of a decree given on the 21st June 2021 under the conditions therein mentioned.

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 18th May, 2021, Application number 791/2021, by Clive Thomas et whereby they requested that it will be declared open in favour of Clive Thomas, husband of the decujus in the quota of one half (1/2) undivided share each and in favour of Catherine Taylor née Thomas, Michael Thomas and Kevin Thomas in the quota of one sixth (1/6) undivided share each one of them the succession of Carmela Thomas, wife of Clive Thomas, daughter of the late Salvatore Zerafa and Agnes Zerafa née Sammut, born in Mosta, Malta, resided in Mosta, Malta, and died in Harron, United Kingdom, on the 28th December, 2019, aged 86, and who held identity card number 541533M.

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 decree of 23rd June, 2021, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By a note filed in the Civil Court, First Hall, on 12th October 2020 BNF Bank plc previously Banif Bank (Malta) plc (C41030) is asking to enter as another execution creditor in the judicial sale number 53/16 in the names Bank of Valletta plc (C2833) vs Raymond Scerri (ID 605960M) in terms of Article 346 of the Code of Organisation and Civil Procedure Cap. 12 of the Laws and that since the society is a creditor of Raymond Scerri in the sum of two thousand and ninety four euro and sixty nine cents (€2094.69) with costs and further interests until the actual effective payment.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree , given by the Court of Appeal, on the 22nd June, 2020, in the records of the Application in the names Bunker Fuel Oil Co. Ltd vs Paul Gauci, Application number 1836/95/2, the following publication was ordered for the purpose of service of the respondents Bunker Fuel Oil Co. Ltd, Bunker Fuel Company Ltd, as well as the spouses Paul and Josianne Degaetano, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Court of Appeal, in the names Bunker Fuel Oil Company Ltd, Bunker Fuel Company Ltd, Norbert Micli Demajo vs Paul Gauci and the Planning Authority and by decree during the sitting of the 13th October, 2009, there were called int the cause Paul and Josianne spouses Degaetano, on the 13th April, 2021, the applicant Paul Gauci (ID 174454M) as well as Bernard Gauci (ID 186073M) respectfully pleaded:

That this is an appeal from a judgement of the First Hall Civil Court, given in the names premised on the 26th March, 2021, and this following a writ of summons of the plaintiffs were the following was declared,

The building permit issued by the Planning Authority referable to application number 5333/89 was issued abusively and illegaly because according to DC/188, the conerned airspace being in the boundaries of Baħar iċ-Ċaghaq, could not be developed because there has to be at least one tumolo whilst the land de quo is smaller,

… omissis …

The plaintiffs have a juridical interest that the permit be declared null and without effect because it is causing them considerable damages due to the triangular form of the plot which creates a very large frontage and creates a 'bastion effect' infront and behind their villas,

… omissis …

That for the better understanding of this Court it is pointed out that during these proceedings Paul Gauci had transferred the property to the appellant Bernard Gauci and subsequently the property subject to the permit de quo was sold to the parties calledinto the cause Paul and Josianne Degaetano who pleaded that,

1. The plaintffs do not have a juridical interest to attack the issuing of a development permit by the competent Authority to third parties and if such interest is identified in these procedures the remedy can never be the cancelling of the permit issued,

… omissis …

4.The permit issued to third parties in virtue of which the building property of the interpellant was erected is today a vested right for those who like the interpellant had acquired in good faith the building erected in virtue of that permit,

… omissis …

That by the judgement of the 26th March, 2021, the Honourable First Court decided by rejecting the pleas of the defendants and upheld all the demands of the applicants today respondents,

… omissis …

That the grievance of the interpellants is clearly and manifest in fact and at law and consists,

That in the first place as regards the merit the First Instance was not correct when it found that the granting of he permission was acquired by a lot of manouvres, violation and misapplication of the laws, policies and regulations to which the Planning Authority gave or was an accomplice to them,

In this regard it appears that the First Instance failed to consider the evidence in extensio of the representative of the Planning Authority.

… omissis …

That n reality it results that the project in question was regularly carried out and fully in conformity with the polices applicable and/ or within the limits of the normal discretion of the Authority to permit such devlopment,

That in the second place the Honourable First Court could not enter into the merit of th decision of the application number 5333/89 and the interpretation of the regulations applicable and substitute the evaluation of all the relevant facts made by the competent authority with its evaluation,

Whilst this Court has the power to review the operation of every Tribunal or Board to see that the said Board or Tribunal has proceeded according to law it should not substitute with its discretion with that of the Tribunal,

… omissis …

Particulary with all respect due the Honourable First Court could not lightly avoid the decision regarding the permit issued by th Plannng Authority without establishing exactly and precisely which was that policy or regulation which was not followed,

… omissis …

Thus, the appellants whilst referring to the proof and submissions made and reserving to make those submisions and bring forward all that proo if permitted to it by law, respectfully prays this Honourable Court to cancel and revoke the judgement in the names premised of the 26th March, 2021, and instead reject the plaintiff's demands with costs against the plaintiff.

Notify: 1. Bunker Fuel Co. Ltd, 1, Marina Alley, No. 3, Kalkara

2. Bunker Fuel Oil Co. Ltd, 1, Marina Alley, No. 3, Kalkara

3. Paul Degaetano, 'Maui', Tul il-Kosta, Baħar iċ-Ċagħaq, Naxxar

4. Josianne Degaetano, ' Maui', Tul il-Kosta, Baħar iċ-Ċagħaq, Naxxar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals