Court Notices published in Govt. Gazette No. 20,785 of 15th February 2022

By means of a decree of the 2nd February, 2022, of the Rent Regulation Board, in the records of the Application in the names Maria Aurora Fava et vs Valerie Borg et, Application Number 489/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Valerie Borg 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 Maria Aurora and Reginald spouses Fava (ID 331238M and ID 681933M respectively), Rosette widow of Richard Pace Axiaq (ID 472966M), Stephanie Bezzina Wettinger (ID 472966M), Carmen wife of Benigno Zammit (ID 699637M), Josephine Tabone (ID 20743G), Orland Bonavia (ID 278470M) in his own name and as mandatory of the absent Kevin Bonavia (ID 279669M), Paul Bonavia (ID 507165M), Duncan Bonavia (ID 501374M), Josephine widow of Paul Bonavia as usufructuary of the late Paul Bonavia (ID 132739M) vs Valerie Borg (ID 728756M) and Housing Authority filed in the Rent Regulation Board, on the 17th August, 2021, the applicant Maria Aurora Fava et requested this Honourable Board why it should not:

1. Declare and decide that the respondent Valerie Borg (ID 728756M) is the lessee of the premises that is the mezzanin with official number 43A previously 43C, Flat 3, St Paul's Buildings, Triq il-Punent, Valletta, and qualifies as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021, and thus she is entitled to continue occupying the residential house in terms of Artice 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

2. Order that the means test of Valerie Borg (ID 728756M) be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020.

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 43A previously 43C, Flat 3, St Paul's Buildings, Triq il-Punent, Valletta, and to establish new conditions regarding the lease;

4. Order that if the respondent Valerie Borg (ID 728756M) does not satisfy the criteria of the income of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

Applicant: Chemico Buildings, Valley Road, Birkirkara

Respondent: Valerie Borg (ID 728756M), 43A, Flat 3, St Paul's Buildings, Triq il-Punent, Valletta

Housing Authority

The application in the names Maria Aurora Fava et vs Valerie Borg et, Application number 489/2021NB, has been postponed for hearing to the 18th February, 2022, at 9.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

ARB/C008/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 31st January, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 07/2022, in the case:

The Police

(Inspector Melvin Zammit)

(Inspector Justine Grech)

Versus

ALPHONSUS ROMEO EMANUELS, electrician, 63 years, son of the late Emanuel and the late Guliette née Felees, born in The Netherlands on the 12th March, 1958, without a fixed address in Malta and holder of Dutch identity card bearing number 133530073.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to ALPHONSUS ROMEO EMANUELS and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta and Article 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 36, Article 23A and Article 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

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

Director, Asset Recovery Bureau

By means of a decree of the 3rd February, 2022, the Rent Regulation Board ordered the publication of the following extract for the purpose of effecting service on ta' Natu Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the records of the garnishee order number 1881/2021 in the names ta' Natu Limited (C8167) vs F.A.D Enterprises Co. Limited (C71214) filed on the 18th January, 2022, whereby FAD Enterprises Co. Limited requested with respect:

That by means of this warrant, the applicant company is requesting the payment of the amount of €37,333.60 as payment of rent for the period from the 26th April, 2021 and the 12th December, 2021;

The same company obtained a bank guarantee that covers the amount requested and accordingly the garnishee order can be revoked because the same applicant company is offering sufficient guarantee so that Ta' Natu Limited is secured in its claim;

That at present the applicant company has attached goods and this is causing it great damage;

That the applicant is therefore respectfully requesting that this Honourable Court revoke its decree where it accepted the issuance of such warrant and authorise the applicant to present the appropriate counter-warrant.

In the Rent Regulation Board

Magistrate Dr Josette Demicoli, LLD

The Board,

Saw the application,

Orders its notification to the company Ta' Natu Limited who has three (3) days for service.

Illum 20 ta' Jannar, 2022

applicant: F.A.D. Enterprises Limited, Maison D'Amour, Triq Dun Ġorġ Preca, Nadur, Gozo

Notification: ta' Natu Limited, Doris Oratory Street, Naxxar

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th December, 2021, of the Rent Regulation Board, in the records of the Application in the names, Ronald Galea noe vs Teodosio sive Dennis Baldacchino, Application number 148/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Teodosio sive Dennis Baldacchino in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of a sworn application in the names Ronald Galea (ID 62258M) as curator for and on behalf of Michael Caruana (ID 460856M), interdicted by means of a decree of the 30th July 2007 by the Civil Court (Voluntary Jurisdiction Section) vs Teodosio sive Dennis Baldacchino filed in the Rent Regulation Board, on the 4th June, 2021, the applicant Ronald Galea (ID 62258M) of Dar il-Wens, 67, Ix-Xatt, Kalkara, as curator for and on behalf of Michael Caruana (ID 460856M) of Dar il-Wens, 67, ix-Xatt, Kalkara, in terms of article 258 of Chapter 12 of the Laws of Malta requested with respect and confirmed on oath:

That the applicant was appointed curator of Michael Caruana by means of a decree number 1979/2019 dated 18th November, 2019 (Doc. A) and this after Michael Caruana was under the care of Reverend Carmelo Abela from the 30th July, 2007 (Doc. B);

That while Reverend Abela was the curator of Mr Caruana he was authorised to file proceedings before this Honourable Court so that the respondent would vacate from the premises belonging to Mr Caruana and that is 32, Triq San Rokku, Ħal Qormi, which request was accepted on the 14th June, 2010 (Doc. C);

When the applicant was appointed curator of Mr Caruana, he noted that the judgment had never been executed by the previous curator and thus in order to comply with his obligations towards Mr Caruana, the applicant is submitting this application in terms of Article 258 of Chapter 12 of the Laws of Malta;

That therefore the requests submitted by the previous curator and accepted by this Honourable Board as otherwise presided have yet to be executed.

Thus, the applicant is requesting this Honourable Board to:

1. Authorise the applicant to proceed with the execution of the judgement of the 14th June, 2010, in the names Reverend Carmelo Abela (ID 1048747M) as curator for and on behalf of Michael Caruana (ID 460856M), interdicted by means of a decree given on the 30th July, 2007, by the Civil Court (Voluntary Jurisdiction Section) vs Teodosio sive Dennis Baldacchino number 43/2010.

And this according with such provisions as this Honourable Court deems appropriate and opportune.

With costs

Applicant: Dar il-Wens, 67, Ix-Xatt, Kalkara

respondent: 32, Triq San Rokku, Ħal Qormi

The application in the names Ronald Galea vs Teodosio sive Dennis Baldacchino, Application number 148/2021NB has been postponed for hearing to the 21st February, 2022, at 9.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Victoria Vella vs Joseph sive Ġużeppi Axiak et, Application number 770/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Joseph sive Ġużeppi Axiak et 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 Victoria Vella (ID 0073547G) vs Joseph sive Ġużeppi Axiak and Housing Authority for any interest it may have filed before the Rent Regulation Board, on the 25th October, 2021, the applicant Victoria Vella (ID 0073547G) requested this Honourable Board to:

1. Order that the means test be carried out the means test of the respondent Joseph sive Ġużeppi Axiak based on the criteria of the means tests set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the respondent Joseph sive Ġużeppi Axiaq between 1st January and 31st December of the year that proceeds the day of filing of these procedures and on the capital of the lessee on the 31st December of the said year;

2. Declare and decide that the rent in favour of the respondent that is the residential house with number 21 (previously number 6) Triq San Nikola, Qrendi, has to be terminated immediately because the respondent is a person who does not need civil protection provided in article 4A of the Reletting of Urban Property (Regulation) Ordinance;

3. In case this Board finds that it is not the case the rent in favour of the responde that is the residential house with number 21 (previously number 6) Triq San Nikola, Qrendi has to be immediately terminated, but the respondent still does not satisfy the means test criteria of the income and capital as above mentioned, it:

a) Terminates the lease on the basis that the respondent remained possessing the premises 21 (previously number 6) Triq San Nikola, Qrendi,

b) Fixes a short and peremptory time for the respondent that is not more than two years so that the respondent will vacate from this premises with number 21 (previously 6) Triq San Nikola, Qrendi and releases same vacant and in good condition in favour of the applicant,

c) Condemns the respondent to pay the applicant a compensation for the occupation during that time given by this Board with the amount established by this Board that is constant with the actual property value in the open market of the property with number 21 (previously number 6), Triq San Nikola, Qrendi free and unencumbered and this with immediate effect, and

d) Condemns the respondent so that within a short and peremptory time fixed that is not more than two years vacate from the said premises that is number 21 (previously number 6) Triq San Nikola, Qrendi;

4. In case this Board finds that the respondent satisfies the criteria of the means test of the income and capital as ordered and for the reasons premised:

a) Declare and decide that in terms of Act XXIV of 2021 that amended the relative laws for protected residential leases, that is Act number XXIV of 2021 regarding the Reform of the Controlled Residential Leases in terms of Article 4A of the Reletting of Urban Property (Regulation) Ordinance, the rent payable for the same premises with number 21, (previously number 6) Triq San Nikola, Qrendi, is revised to the maximum amount permitted by law and as a percentage of the free and unencumbered market value of the same property on the 1st January of the year when this application was filed and to establish new conditions regarding the lease, which rent will be revised every year according to the cost of living or till an agreement is reached between the parties, and

b) Establish those other conditions of this lease, amongst them: (i) that the respondent does not transfer and/or otherwise assign the lease of the same house number 21 (previously number 6) Triq San Nikola, Qrendi, to third parties or sub-let the same premises or part of it to third parties, (ii) that the respondent cannot make structural changes to the premises, and (iii) that the respondent will be obliged to make all the necessary repairs in the same premises, except those structural changes which become necessary not as a result of his fault; and

5. Order the immediate eviction of the respondent from the premises that is the residential house with number 21 (previously number 6) Triq San Nikola, Qrendi, within a short and peremptory time established by this Board.

With costs against the respondent who is from now summoned so that a reference to his oath be made and to any other action that may eventually be filed against the respondent, including any other action for the compensation for damages and including any other action for the compensation for the illegal occupation on part of the same respondent of the premises above mentioned.

Applicant: 1, Aphrodite, Triq Carlo S. Zabarella, St Julian's

Respondent: 21 Triq San Nikola, Qrendi QRD 1217

Housing Authority

The application in the names Victoria Vella vs Joseph sive Ġużeppi Aziak et, Application number 770/2021LC, has been postponed for hearing to the 21st February, 2022, at noon.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Advocate Doctor Anna Mallia et vs Angela Grech et, Application number 758/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Angela Grech 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 Anna Mallia (ID 592159M); Maria Concetta sive Connie mart Alan Christopher Bonnici (ID 520564M); Joseph Mallia (KI 182461M) u Philip Mallia (KI 71367M) vs Angela Grech (ID 0222139M) and Housing Authority filed in the Rent Regulation Board, on the 21st October, 2021, the applicants siblings Advocate Doctor Anna Mallia (ID 592159M); Maria Concetta sive Connie mart Alan Christopher Bonnici (ID 520564M); Joseph Mallia (ID 182461M); Philip Mallia (ID 71367M) requested this Honourable Board why it should not:

1. Order that the means test of the respondent Angela Grech, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and which means test has to be carried out with a particular reference, inter alia to the regulations 4 till 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

2. Declare and decide that in accordance with Act No XXIV of 2021, the rent of the premises 21, Misraħ San Duminku, Rabat, Malta, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

3. Order and condemns the respondent Angela Grech to start paying the said increased rent in terms of Act XXIV of 2021 with immediate effect from the date of the filing of this application;

4. Orders that in the event that the respondent Angela Grech does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

Applicant : 147, Triq it-Reatru l-Qadim, Valletta

Respondent: 21, Misraħ San Duminku, Rabat, Malta

Housing Authority

 The application in the names Advocate Dr Anna Mallia et vs Angela Grech et, Application number 758/2021LC has been postponed for hearing to the 21st February, 2022, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Maria Carmela Farrugia vs Edith Paris et, Application number 802/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Edith Paris 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 Maria Carmela Farrugia (ID 533526M) vs Edith Paris (ID 70832M) and Housing Authority filed in the Rent Regulation Board, on the 29th October, 2021, the applicant Maria Carmela Farrugia (ID 533526M) requested this Honourable Board why it should not:

1. Order that the means test of the respondent Edith Paris (ID 70832M) in terms of Act XXIV of 2021 and in terms of Article 11(b)(5) of the Housing Act, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and which means test has to be carried out with a particular reference, inter alia to the regulations 4 till 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

2. Declare and decide that in accordance with Act No XXIV of 2021, the rent of the premises 2, Flat 2, Triq il-Miratur, Floriana, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

3. Order and condemns the respondent Edith Paris (ID 70832M) to start paying the said increased rent in terms of Act XXIV of 2021 with immediate effect from the date of the filing of this application;

4. Orders that in the event that the respondent Edith Paris (ID 70832M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

Applicant: Maria Carmela Farrugia, Block P, Flat 1, Triq Helen Buhagiar, Santa Luċija

Respondent: 2, Flat 2, Triq il-Miratur, Floriana

Housing Authority

The application in the names Maria Carmela Farrugia vs Edith Paris et, Application number 802/2021LC, has been postponed for hearing to the 21st February, 2022, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 21st January, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 12th May, 2022, at half past eleven in the morning (11.30am), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number two (2) situated at first floor level in Windsor Court, Triq il-Kartoċċ, Swieqi/Ibraġġ, with all its rights and appurtenances, including the undivided share of the common area, with access from the common area that includes the stairs as well as the lift, as per acts of procurement in the acts of Notary Dr Louisa Vella Bardon dated second March, two thousand and eleven (2.3.2011) and valued at two hundred and sixty thousand euro (€260,000).

The said tenement is the property of Huadong Fu holder of passport number G28423535 as represented by Dr Joseph P. Bonnici and LP Jean Pierre Busuttil as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 33/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 18th November, 2021, on the application of Bank of Valletta plc (C2833), Tuesday, 29th March, 2022, 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 Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the three (3) car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at two hundred and fifty-five thousand euro (€255,000);

ii) Three car garage (3) on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at forty-five thousand euro (€45,000);

iii) Twelve car garage (12) in semi basement level accessible by common drive which abuts in Triq Notabile, Ħ'Attard, with all its rights and appurtances and servitudes resulting from its position valued at ninty nine thousand and four hundred euro (€99,400);

iv) One car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Ħ'Attard, with all its rights and appurtances and servitudes resulting from its position valued at seventeen thousand and five hundred euro (€17,500);

The said maisonette and garages are built on a portion of land which previously was built the house name 'Rustica' in Triq Notabile, Ħ'Attard, which portion of land is bounded on southeast by the said street, west by property of Joseph and Carmen Mifsud, north by property of Alfred Grech or his successors in title, free and unencumbered with all its rights and appurtenances;

v) One bedroom (1) penthouse built on a block of four (4) apartments which block is officially numbered seventeen (17) named 'Mdina View Court' in Triq il-Larinġ, Ħ'Attard. The said block is built on plot number twenty (20) from the land of Tal-Bajdun, Ħ'Attard, and including with the penthouse its relative airspace as well pro rata share from the common parts including the system of drains and drainage, free and unencumbered with all its rights and appurtenances and all the servitudes resulting from its relative position sia active and passive;

and

One car garage, unnamed and unnumbered, but privately numbered five (5) underlying flat number (4) situated in a basement of eight (8) garages accessible including its share of the ramp and the common parts accessible from a common ramp, which entrance is unnumbered and abuts in Triq il-Larinġ, Ħ'Attard. The said garage is the second garage on the right when entering the basement from the drive in and has a backyard with a window in it; the backyard has all the drains for the rainwater. The garage is free and unencumbered with all its rights and appurtenances. This garage is bounded by all compass points with the estate of spouses Briffa or their successors,

The penthouse and garage are valued at one hundred and thirty-one thousand euro (€131,000);

vi) Garage in shell form, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla, free and unencumbered with all its right and appurtenances. The said garage bounded on east with the said street, southwest by Triq William and northwest by property of Dr Daniel Piscopo valued at sixty thousand euro (€60,000);

vii) Shell form shop, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq Wiġi Rosato and formerly known as new road in Triq San Mikiel, Bormla, free and unencumbered with all its right and appurtenances. The said garage bounded on east with the said street, southwest by triq William and northwest by property of Dr Daniel Piscopo valued at twelve thousand euro (€12,000).

The said tenement is the property of Amity Development Limited (C37831).

N.B. The said tenement will be sold as described in the acts of judicial sales number 64/2014.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 10th January, 2022, in the records of the judicial letter number 4617/2021, in the names Ian Casolani et vs Anton Bonnici et, ordered the following publication for the purpose of effecting service on the respondent Anton Bonnici, in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To Anton Bonnici (ID 102757M) of 13, Flat 3, Triq il-Bajjar, St Julian's

State Advocate

By means of this judicial letter, Ian Casolani (ID 220974M), Lara Casolani (ID 61775M) and Jean Pierre Camilleri (ID 103274M) of c/o 245, Quayside, Triq l-Imsida, Gżira GZR 1400, in their capacity as the owners of the block of apartments in St Julian's known as Bay View Flats, in Bay Street, number 13, which they acquired by means of a contract dated 23rd February, 2006, in the acts of Notary Christine Abela, makes reference to the temporary emphyteusis deed of the 16th November, 1988, in the acts of Notary Peter Carbonaro in which the predecessor in title of the applicant Peter Agius had granted to John Laspina an emphyteusis for seventeen (17) years beginning on the 1st day of January, 1989, over the above mentioned apartment block that is 13, Bay View Flats, Bay Street, St Julian's, under all the terms and conditions set out therein at the annual temporary ground rent of Lm1400 per annum to be paid in instalments of Lm120 per month;

That in the course of the temporary emphyteusis, the emphyteuta John Laspina had granted apartment number 3 in the block of apartments above mentioned 13, Bay View Flats, Bay Street, St Julian's, by way of lease to the respondent Anton Bonnici;

That the above mentioned temporary emphyteutical concession expired on the 1st January 2006 and since at the time when the same temporary groundrent expired the respondent Anton Bonnici was a citizen of Malta and was occupying the same premises as his ordinary residence, in terms of Chapter 158 of the Laws of Malta that is Article 12(3) the respondent had a right that at the end of the said lease he continues to occupy the house under a new lease from the direct owner at the same rent and under the same conditions as referred to in subarticle (2)(i) and (ii) of article 12 in respect of emphyteusis and that is at a rent equal to the groundrent immediately payable before the expiry of the emphyteusis as increased at the beginning of the lease in terms of the said article and at the end of each fifteen years thereafter, for the period until the lease remains in favour of the tenant, by so much of the groundrent that was immediately payable before the said commencement or the commencement of any subsequent period of fifteen years, which shall be an amount not exceeding the ground rent which is proportionate to that groundrent as increased by inflation from the date when the said increase in ground rent was last established;

That Article 12 of Chapter 158 of the Laws of Malta has been repeatedly declared to be in violation of fundamental human rights, in particular Article 1 of the First Protocol of the European Convention and Article 37 of the Constitution of Malta and this both from our Courts and also from the European Court of Human Rights in Strasbourg;

That therefore it is clear that the interpellants are being denied the enjoyment of their property and this since the respondent is being protected in the use of the premises in question and the interpellants cannot resume its possession. That this protection, which has already been granted in terms of Article 12 of Chapter 158 of the Laws of Malta, entitles the respondent Bonnici to continue to occupy the premises under those conditions imposed, notwithstanding that it is disproportionate and contrary to applicant's wishes, will and interests;

That this disproportion consists in the fact that the rental value of the premises at the termination of the temporary emphyteutical concession was much higher than that established by law, and moreover, the value has continued to increase to date. The disproportion continues to increase with the fact that Article 12(3) of Chapter 158 of the Laws of Malta grants this protection to the respondent Bonnici for an indefinite period as the lease imposed on the applicant is renewed and increased every fifteen years. It is also stated that even after the introduction of Act XXVII of 2018 the situation of the applicants and their rights continued to be violated as the mechanism introduced by the legislator, and by which the rent is calculated as of 10th April onwards, is still much lower than the market value.

Accordingly, the provisions of Article 12 of Chapter 158 of the Laws of Malta as amended inter alia by Act XXIII of 1979, Act X of 2009 and Act XXVII of 2018 and by operations of the current laws violate the fundamental rights of the applicants as protected under Article 37 of the Constitution of Malta and Article 1 of the First Protocol to the European Convention (First Schedule of Chapter 319 of the Laws of Malta) and therefore the above mentioned law should be declared harmful to the rights of the interpellants as has been stated by the Courts both locally and as well as by the European Court of Human Rights in Strasbourg.

Therefore, the interpellants, by means of this judicial letter is requesting you so that by not later than eight (8) days from the notification of this letter you pay appropriate compensation, including pecuniary and non-pecuniary damages suffered by the same interpellants due to infringement of their rights as above explained. Besides this, in the same time of eight (8) days, the respondent Bonnici has to immediately vacate and return the keys of apartment number three (3) in the block of apartments above mentioned that is 13, Bay View Flats, Bay Street, St Julian's, to the applicants.

That in the absence of doing what is requested herein within the time allowed, the interpellants will have no alternative but to proceed further by all means provided by law in order to safeguard all the rights due to them and this without any prior notice.

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

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 30th September, 2021, in the records of the judicial letter number 507/2021, in the names Pantarei Ltd vs Satabank plc, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Satabank plc in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Satabank plc (C66993) of 31/6, St Frederick Street, Valletta VLT 1471, Malta

By means of this present, the company Pantarei Ltd (C73301) of Central Business Centre, Room 1, Level 1, Suite 2, Triq l-Imdina, Ħaż-Żebbuġ, refer you to their bank account with the bank Satabank plc, which account holds the number MT29STBA19116000200050037255655 in which bank account there is the amount of €248,339.22 deposited and whilst it premise that you are refusing to pay the interpellant the money deposited as above mentioned, solicit you so that immediately and in any case by not later than four days from when you receive this letter you refund the interpellant the said money. The interpellant company draws your attention to the fact that it made a request to you to release the relative funds but till today you remained in default. In this regard, you have to refund the amount in question to the company Finductive Ltd (C89272) which is authorised by the interpellant to receive the money in question for and on behalf of its interest. In default, the interpellant reserves to proceed against you according to law without further notice.

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

So much for your own guidance and to regulate yourself.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th December, 2021, of the Civil Court First Hall in the records of judicial letter number 4563/2021, in the names, Commissioner for Revenue vs Thomas Noel Collister Jackson pro et noe, the following publication for the purpose of service on the respondent Thomas Noel Collister Jackson pro et noe was ordered in terms of Article 187 (3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To Thomas Noel Collister Jackson (ID 0059939A) in your own name and also as director for and on behalf of the company Facets, Executive Search and African Advisory Services Limited (C 54370) of Dolmen Court, Flat 12, Triq Għawdex, St Paul's Bay.

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 €18,779.76 representing the amount due by you pro et noe 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 pro et noe 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 by means of the opportune warrants.

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 1st February, 2022, in the records of the sworn application number 979/2021NC, in the names Diana sive Diane Bajada vs Deputy Curators, ordered the following publication for the purpose of effecting service on the respondent Maria Bajada, in terms of Article 187(3) of Chapter 12 et sequitur.

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 2nd November, 2021, following a request of Diana sive Diane Bajada nee Busuttil it was ordered that deputy curators be chosen to represent the patrimony of the decujus Eucharist Bajada in the records of the Sworn Application 979/2021NC in the names Diana sive Diane Bajada nee Busuttil vs deputy curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Diana sive Diane Bajada nee Busuttil (ID 267167M) vs Deputy Curators to represent the vacant inheritance of Eucharist Bajada (ID 376069M), Vicarist Limited (C6406), Maria Bajada (ID 684848M) and the Registrar of Companies for any interest he may have, on the 4th October 2021 the applicant Diana sive Diane Bajada nee Busuttil (ID 267167M) requested this Honourable Court in terms of Article 873(4) of Chapter 12 of the Laws of Malta:

1. Declare that the transfer of two hundred (200) shares of Eucharist Bajda in the company Vicarist Limited (C6406) in favour of Maria Bajada was made in express breach of the Prohibitory Injunction issued by the Civil Court (Family Section) of the 13th September, 2018, in the names Diane sive Diana Bajada (ID 267167M) vs Eucharist Bajada (ID 375069M) and Vicarist Limited (C6404) and numbered 218/2018 to the detriment of the applicant's interests;

2. Order the rescission of the transfer and the restitution of two hundred (200) shares in the respondent company Vicarist Ltd (C6404) on behalf of the late Eucharist Bajada;

3. Appoint a notary to publish the deed of rescission and set a date, time and place for the signing of the same act;

4. Order the respondent Maria Bajada (ID 684848M) to become aware of the rescission contract and to sign any statutory document necessary for the execution of the orders given by this Honourable Court;

5. Nominate deputy curators to represent any person who does not appear and to execute all orders made by this Honourable Court including as may be necessary to sign the act of rescission and any necessary statutory document for the execution of the orders given by this Honourable Court;

6. Order the Registrar of Civil Courts and Tribunals to institute appropriate proceedings against the respondents or any of them for contempt of its authority in terms of Article 1003A of Chapter 12 of the Laws of Malta;

7. Subject to such further provision as may be required by law and as this Honourable Court deems fit and opportune.

With costs, including the judicial letter, against the respondents who are from now summoned so that a reference to their oath be made.

The sworn application in the names Diana sive Diane Bajda vs deputy curators, Application number 979/2021NC has been postponed for hearing to the 24th March, 2022, at 9.45 a.m.

Applicant: Villa Diana, Triq il-Belt Valletta, Mosta

Notification: Maria Bajada, 47 Casa Maria, Sir Michelangelo Refalo Avenue, Ħal Balzan

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 Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st February, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 265/2021 in the names J Zammit Limited vs Martin Ciavola the following publication was ordered for the purpose of effecting service on the respondent Martin Ciavola in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Martin Ciavola (ID 191280M) of Christie, Flat 10, Triq it-Turisti, Qawra, St Paul's Bay

By the present J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €1, 283.10 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 15 expired bills of exchange each of value €128.31 which bills of exchange were due on the 9th day of each month from January 2019 till October 2019 respectively (copies here attached and marked as Doc. A1-Doc. A10).

This judicial letter is being made in terms of Article 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th October, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 879/2020 in the names No Deposit Cars Malta Limited vs Stefan Milea the following publication was ordered for the purpose of effecting service on the respondent Stefan Milea in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Stefan Milea (ID 0570518L) of Blk 1, Flat 3, Arianna, Triq il-Qaliet, Marsaskala

By the present, No Deposit Cars Malta Limited (C-85780) of Sharay, Triq il-Fraxxnu, St Julian's is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €4,950 (a copy of which bills of exchange is being herein attached and marked as Doc. 1) which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 26th June, 2019, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:

1. Bill of exchange number 2 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th July, 2019, and which sum has to date not been paid;

2. Bill of exchange number 3 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th August, 2019, and which sum has to date not been paid;

3. Bill of exchange number 4 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th September, 2019, and which sum has to date not been paid;

4. Bill of exchange number 5 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th October, 2019, and which sum has to date not been paid;

5. Bill of exchange number 6 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th November, 2019, and which sum has to date not been paid;

6. Bill of exchange number 7 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th December, 2019, and which sum has to date not been paid;

7. Bill of exchange number 8 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th January, 2020, and which sum has to date not been paid;

8. Bill of exchange number 9 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th February, 2020, and which sum has to date not been paid;

9. Bill of exchange number 10 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th March, 2020, and which sum has to date not been paid;

10. Bill of exchange number 11 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th April, 2020, and which sum has to date not been paid;

11. Bill of exchange number 12 in the amount of €450 issued by the defendant in favour of the company, which bill of exchange was due on the 26th May, 2020, and which sum has to date not been paid;

This judicial letter is being notified to you in accordance with Article 253(e) of Chapter 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.

Notwithstanding that you have been requested to pay the above bills of exchange in accordance with the Payment Schedule (herein attached and marked as Doc 3) and by means of the Statement of Contract (herein attached and marked as Doc 4) you have nonetheless remained in default and therefore the Company had to resort to filing this judicial letter against you.

In default the Company shall be proceeding in terms of law without further notice in order to enforce its executive title.

With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 22nd October, 2021, following a request by Joseph Camilleri noe it was ordered that deputy curators be chosen to represent Universidad de San Martin de Porres in the acts of the judicial letter number 4435/2021 in the names Joseph Camilleri noe vs Latin Lease Limited et vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 14th October, 2021, by Joseph Camilleri (ID 384279M) of Mamo TCV Advocates, 103, Triq id-Dejqa, Valletta, as special mandatory acting, solely for the purposes of this judicial letter, in the name of and in representation of Giacomo Panaro (Italian passport number YA8390728) residing at Viale Orsini 195, Giulianova 64021, Italy, presently sole Director and Legal Representative of LatinLease (C71598) and Roberto Calebasso (Italian passport nr AA2251843) consultant and shareholder of one (1) of one thousand and two hundred (1200) shares issued by the company in relation to the sale of three aircraft registered in the United States of America and registration numbers N240AT MSN 28824, N923LC MSN 26543 and N2106A MSN 26542 against Latin Lease Limited (C71598) of 114/3 The Strand, Gżira, Malta; RBG Fiduciary Services Limited (C 47757) of 113B, Paola Road, Ħal Tarxien TXN 1807, Malta; deputy curators to represent Universidad De San Martin De Porres (Registration No 11009477) of Las Calandrias, 151, Sant Anita, Lima, Perù, Alexia Muscat (ID 126088M) of Equinox, Triq Josef Kalleja, Swieqi, Malta and Roberto Josef Mifsud (ID 200379M) of 102, Suite 2, St Catherine Street, Ħ'Attard, Malta, the interpellants submit that the sale of the aforementioned aircrafts was done without the knowledge or authorisation of the interpellants who have repeatedly sought to receive details regarding the sale and a confirmation from the shareholders that the sale was conducted with their consent and knowledge. That while following months of repeated communication and requests the interpellants have received confirmation from a representative of Universidad de San Martin de Porres that the sale of the aircraft owned by Latin Lease was done with its approval, no documentation relating to the sale of the aircraft owned by Latin Lease was done with its approval, no documentation relating to the sale has been provided.

The interpellants are sending this letter to formally put on record their position in this matter while requesting for further information to be provided to them without delay.

So that you may be guided accordingly

Interpellants: Mamo TCV Advocates, 103, Triq id-Dejqa, Valletta

Respondents: Deputy Curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of these bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Miriam Hayman, LLD, Doctor of Laws.

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 19th April, 2021, following a request by Jackson Agius it was ordered that deputy curators be chosen to represent the unknown grantor in the acts of the schedule of deposit number 593/2021 in the names Jackson Agius 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 5th April, 2021, in the names Jackson Agius, son of Anthony Agius and Doris nee Briffa, self-employed, born in Tal-Pietà and residing in Gudja (ID 341775M) vs Deputy Curators, the applicant Jackson Agius (ID 341775M) respectfully submitted:

That the applicant is the owner of two thirds (2/3) undivided or any other different share of the field without denomination and consisting of two plots of land of Wied Zembaq, limits of Birżebbuġa, which field is accessible from a public and unnamed alley, with a surface area of approximately 1,686.18m² as shown in red on the site plan a copy of which is attached hereto and marked as Doc. A. The same field is bounded on the west by the said unnamed public alley from which it has access, from the south by Wied Zembaq and from the north with an area known as Tal-Kaċċatura and property of a certain person known as Ta' Kalċi as subject to the annual and perpetual groundrent of €2.43 otherwise free and unencumbered with all its rights and appurtenances. That the field in question was acquired by the applicant by means of a contract of acquisition dated 1st October, 2020, in the records of Notary Dottor Maria Aquilina a copy of which is here attached and marked as Doc. B;

That this property is not the ordinary residence of the applicant;

That the grantor is not known and thus this application is done against deputy curators;

For all intents the applicant is presenting three contracts that preceded the aforesaid contract of acquisition which are being here attached and marked as Doc. C, Doc. D and Doc. E;

That the applicant wishes to avail himself from the option given to him by means of Article 1501 et sequitur of the Civil Code (Chapter 16 of the Laws of Malta) and redeem the groundrent in question;

That the groundrent rate and that is €2.43 capitalised at the rate of 5% amounts to €48.60;

That together with this schedule of deposit the applicant is depositing the groundrent arrears for the last five years which amount to €12.15.

Thus, the applicant is requesting this Honourable Court and under its authority is depositing the amount of €12.15, as the groundrent arrears for the last five years and also the amount of €46.60 representing the redemption of the groundrent in question and which amounts are to be withdrawn by the respondents or whoever has the right to them according to law after leaving the relative receipt according to law.

Applicant: c/o 22, Triq Sebuqa, San Ġwann

Notification: 1) Director of Public Registry Evans Building, Triq il-Merkanti, Valletta, VLT 2000

2) Deputy Curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.

And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Toni Abela LL.D., Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals