Court Notices published in Govt. Gazette No.20,801 of 8th March 2022

By means of a decree of the 8th February, 2022, in the records of the judicial letter number 5295/2021, in the names Maria Carmela sive Marlene Ferrante et vs Maurice Agius, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Maurice Agius in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Maurice Agius (ID 0542142M) of 84, L-Għarix, Triq id-Dris, Swieqi

By means of this present, Maria Carmela sive Marlene Ferrante (ID 927745M), Rose Anne Lucia (ID 0750247M), Maria Concetta sive Connie Brincat (ID 663249M) and Bernard Brincat (ID 973647M) qua special mandatory of Inez Vella (ID 701920M) make reference to the lease of the premises 56, Rue D'Argens, Msida, since the rent of the said premises have not been paid by you since the year 2015 till today.

In addition, you are being held responsible for the fact that you have changed the use for which the commercial premises above mentioned were intended. Although, according to another lease agreement dated 13th March, 1979, you were prohibited from pursuing any business other than the sale of furniture and home furnishings, it results that for years you have been using the said premises for funeral services.

Thus, whilst holding you responsible for the violation of the clauses of the contract dated 13th March, 1979, because you changed the intended use of the premises, and also you repeatedly failed to pay the rent due for years, you are being solicited so that immediately you pay the rent due from the year 2015 till today, including the increases in rent according to Act X of 2009 of the Laws of Malta and this by not later than five (5) days from the notification of this letter. In addition, you will be required to pay all the legal costs due.

Should you fail to comply within the above time given to you, the applicants will be taking the necessary steps to take further legal proceedings against you according to law.

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court (Family Section) on the 25th January, 2022, Application in the names Maria El Burawi v s Salah El Burawi, Application Number 247/21 JPG, the following publication was ordered for the purpose of service of the respondent Salah El Burawi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Civil Court (Family Section) in the names Maria El Burawi (ID 423280M) vs Salah El Burawi (ID 0590312L) on the 8th October, 2021, the applicant Maria El Bursawi (ID 423280M) asked this Honourable Court, to pronounce the divorce between the parties and uphold the other demands in the application.

With costs as demanded in the application against the respondent summoned so that a reference to his oath be made.

The Application in the names Maria El Burawi vs Salah El Burawi, Application number 247/21 JPG, has been deferred for hearing to the 24th March, 2022, at 11.30 a.m.

Notify Respondent: Block 13, Door 1, Flat 8, Trejqet il-Liedna, Santa Luċija

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 31st January, 2022, of the Rent Regulation Board, in the records of the Application in the names Harold Caruana noe vs Joseph Paul Camilleri et, Application number 752/2021LC, the following publication was ordered for the purpose of effecting service on the respondents Joseph Paul Camilleri and Desiree Jasmin Schurter 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 Harold Caruana (ID 640352M) as special mandatory for and on behalf of Roberta Hick (ID 408178M) vs Joseph Paul Camilleri (ID 372777) and Desiree Jasmin Schurter (Swiss passport number E38223877) filed in the Rent Regulation Board, on the 19th October, 2021, the applicant Harold Caruana (ID 640352M) for and on behalf of Roberta Hick (ID 408178M) requested this Honourable Board why it should not:

1. Hear and decide these proceedings summarily and without proceeding to trial in terms of Articles 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondents or any one of them are debtors of the plaintiffs in the amount of €5,503.96 for the bills and rent of the premises Penthouse 13, Palazzo Quirinale, Triq il-Port Ruman, San Pawl il-Baħar;

3. Liquidate the amount of €5,503.96 together with legal interest from the due date of each relative payment;

4. Order the respondents or any one of them to pay the amount liquidated to the applicants.

With costs

Notification: Joseph Paul Camilleri and Desiree Jasmin Schurter, 22, St Peter, Fl 1, Triq il-Kardinal Fabrizio Sciberras, Birgu

The application in the names Harold Caruana noe vs Joseph Paul Camilleri, Application number 752/2021LC, has been postponed for hearing to the 17th March, 2022, at 11.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th January, 2022, in the records of the judicial letter number 4635/2021, in the names Attard Developments Ltd vs Joseph Cutajar, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Joseph Cutajar in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Joseph Cutajar (ID 37264M) of Ville Michel, Penthouse 702, Triq il-Wied ta' Ruman, Mellieħa

By means of the present letter, Attard Developments Ltd (C18882) of Mikesand, Industrial Zone, Ta' Qali, Ħ'Attard ATD 4000, solicits you so that within one week from today you pay the total amount of €41,653.89 out of which €30,000 represents the balance due from a greater amount for works done by the interpellant according to the agreement dated 14th February, 2017, which regulated, amongst others, works in your premises Ville Michel Penthouse 702, Mellieħa, €7,602.81 represents the value of the extra works done on your instructions and to your benefit including repairs that were made by the interpellant on your instructions in addition/or by way of variation to those works originally contemplated in the aforementioned agreement and as for €4,051.08 being the value for extra works that were made on your instructions and to your benefit and which were not included in the scope of works originally contemplated in the aforementioned agreement.

So much so that you know how to regulate yourself

With costs and with interest according to law

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

By means of a decree of the 16th September, 2021, in the records of the judicial letter number 477/2021 in the names Falcon Funds Sicav plc vs Commonwealth Securitisations plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To

Commonwealth Securitisations plc (C59191)

Securitisation Consultancy Ltd (C68880)

Andreas Wolfl (Austrian passport P6717546)

Christian Grob (Austrian passport U0235256)

RES Malta Limited (C46697)

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role in the issuing of financial instruments including the financial instrument bearing the name Nordic Power ETI and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and, or authorization of the issuing of the prospectus relative to the above mentioned investment bearing the name Nordic Power ETI;

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the above mentioned prospectus, lack of expertise and/or non-observance of the applicable laws and regulatios and the violation of your obligations.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible in solidum for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance

With costs

Notification: Andreas Wolfl, 19, Triq Gafar, Tas-Sliema

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th July, 2021, in the records of the judicial letter number 2165/2019, in the names HSBC Bank Malta plc vs Ahmad Abdel Karim, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Ahmad Abdel Karim (ID 28600L) of Dreamville, Triq il-Mejjiesa, Manikata MLH 5130, on the 21st October 2019, HSBC Bank Malta plc (C3177) of 32, Triq il-Merkanti, Valletta, solicits you so that within two days from the day when you receive this letter you pay the amount of €4374.35 as capital and as for the sum of €31.08 as interest that accrued on the capital sum till the 12th September, 2019, with administrative costs, besides the interest from the 13th September, 2019, till the date of this letter together with further legal interest on the capital sum from the date of this letter till the date of effective payment and this by way of refund of money loaned to you on a facility of the Vica Advance Credit Card facility holding number 4035710035693626, which sum you failed to pay although you were repeatedly called upon to pay it.

It solicits you so that within two days from when you receive this letter you pay the amount of €9215.65 as capital and as for the amount of €65.37 as interest that accrued on the capital amount till the 12th September, 2019, with administrative costs, besides the interest from the 13th September, 2019, till the date of this letter together with further legal interest on the capital sum from the date of this letter till the effective payment and this by way of refund of money granted to you on loan under the facility of the Mastercard Credit Card with number 5522009410230014, which sum you failed to pay although you were repeatedly called upon to pay it.

To avoid useless Court costs, if the payment of the debt above mentioned is not possible and you need more time for monthly payments, you can admit your debt with the Bank by means of a notarial act. In this case you are advised that within fifteen days from the service of this letter you are to advise the Bank and engage a notary.

This letter serves to interrupt prescription, and so it is required by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further Court procedures will be taken against you without further notice.

So much for your own guidance

With Costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the C ivil Court First Hall, on the 14th December, 2021, Application in the names Roberto Sciberras et vs Alexander sive Alex Mercieca, Application 1068/21 NC, the following publication was ordered for the purpose of service of the defendant Alexander Mercieca, in terms of Acrticle 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the First Hall Civil Court, in the names Roberto Sciberras (ID 156882M) and Claire Sciberras (ID 208886M) vs Alexander sive Alex Mercieca (ID 85353M) on the 29th October, 2021, the applicant Roberto Sciberras et asked this Honourable Court,

1. To declare that the sale cannot be made in terms of the preliminary agreement mentioned in the application and this due to the lack of issuing of a permit by the Planning Authority and thus the applicants have the right to ask for the refund of the deposit paid on account of the price agreed in the preliminary agreement, condemn the respondent to refund the sum of €75,000, that the applicants paid in favour of the same respondent due to the deposit on acccount of the global price of €120,000.

With costs and interest as demanded in the application against the respondent.

The Application in the names Roberto Sciberras et vs Alexander sive Alex Mercieca, Application number 1068/21NC, has been deferred for hearing to the 28th April, 2022, at 9.00 a.m.

Notify Defendant: 4, Anil, Triq il-Ħawt, Swieqi

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 2nd February, 2022, Application number 202/2022, by Rachida Grech Marguerat whereby she requested that be declared open in her favour the succession of Raymond Grech Marguerat, husband of Rachida Grech Marguerat, son of the late Francis Grech Marguerat and Dolly Grech Marguerat née Dalli, born in Gżira, Malta, resided in Tas-Sliema, Malta, and died in Msida, Malta, on the 29th October, 2021, aged 66, and who held identity card number 474655M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd February, 2022, Application number 209/2022, by Maria Louisa sive Marisa Gruppetta et whereby they requested that be declared open in her favour of Maria Louisa sive Marisa Gruppetta and Stephen Farrugia in equal shares between them the succession of their mother Salvina Farrugia, widow of Anthony Farrugia, daughter of the late Giuseppe Pace and Rosa née Aquilina, born in Tas-Sliema, Malta, resided in Bormla, Malta, and died in Msida, Malta, on the 6th September, 2021, aged 86, and who held identity card number 201635M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th January, 2022, Application number 148/2022, by Louis Pace Balzan et whereby they requested that be declared open in favour of Louis Pace Balzan, husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Adrian Pace Balzan, Joanna Pace Balzan aqnd Michael Pace Balzan children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Margaret Pace Balzan, wife of Louis Pace Balzan, daughter of the late Edwin Xuereb and Gladys Xuereb née Galea, born in Ħ'Attard, Malta, resided in Msida, Malta, and died in Msida, Malta, on the 5th July, 2021, aged 80, and who held identity card number 336941M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th January, 2022, Application number 67/2022, by Maria Briffa née Bell et whereby they requested that be declared open in favour of Maria Briffa née Bell wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Charlene Abela Briffa, Sean Briffa and Christopher Briffa children of the decujus in the qouta of one sixth (1/6) undivided share each one of them the succession of Victor Briffa, husband of Maria Briffa, son of Carmel Briffa and Rosaria née Grech, born in San Ġiljan, Malta, resided in Ħal Tarxien, Malta, and died in Msida, Malta, on the 8th May, 2021, aged 63, and who held identity card number 611157M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd February, 2022, Application number 208/2022, by Lidia Migneco et whereby they requested that be declared open in favour of Rita Scicluna, Edward Migneco, Bernardette Gauci and Lidia Migneco brothers and sisters of the decujus in the quota of one fifth (1/5) undivided share each one of them and in favour of Lynn Marie Migneco and Luke Migneco children of the late Martin Migneco the latter brother of the decujus in the quota of one fifth (1/5) undivided share between them the succession of John Saviour Migneco, bachelo, son of the late Victor Migneco and Carmela née Storace, born in Ħamrun, Malta, resided in Żejtun, Malta, and died in Msida, Malta, on the 9th December, 2020, aged 70, and who held identity card number 944250M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th January, 2022, Application number 39/2022, by Gerald Borg whereby they requested that be declared open in favour of Gerald Borg and Irene Borg in the quota of one half (1/2) undivided share each one of them the succession of their brother Gordon Cilia, bachelor, son of unknown father and Carmen Borg née Cilia, born in Tal-Pietà, Malta, resided in Ħamrun, Malta, and died in Msida, Malta, on the 29th November, 2020, aged 32, and who held identity card number 276088M.

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 means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th January, 2022, Application number 159/2022, by Geoffrey Camilleri et whereby they requested that be declared open in favour of Geoffrey Camilleri in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Shawn Camilleri the succession of their father Paul Camilleri, widow of Grace Camilleri, son of Philip Camilleri and Dolores Camilleri née Zarb, born in Ħal Balzan, Malta, resided in London, United Kingdom, and died in Sutton, United Kingdom, on the 7th May, 2021, aged 68, and who held identity card number 160153M.

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

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 18th August, 2021, following a request by Salvina Aquilina it was ordered that deputy curators be chosen to in the name and in the interest of the unknown owners in the acts of the schedule of deposit number 1536/2021 in the names Salvina Aquilina 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 16th August 2021, in the names of Salvina Aquilina, house wife, widow of Emanuel, daughter of the late Christino and Maria Stella née Cilia, born in Hamrun and resides in Hamrun (ID 220336M) vs deputy curators nominated in the name and in the interest of the unknown owners of the perpetual direct dominium of the premises number 50 previously 139, Triq il-Vitorja, Ħamrun whereby the applicant Salvina Aquilina respectfully submitted:

That she has the perpetual utile dominium of the premises number 50 previously 139, Triq il-Vitorja, Ħamrun subject to the annual and perpetual groundrent of €0.82 equivalent to Lm0.35 of the old currency per year;

That the owners of the premises are unknown and for this reason in this schedule of deposit they are represented by deputy curators;

That the applicant wishes to avail herself from the option given to her by means of article 1501 of the Civil Code and redeem this said perpetual groundrent capitalised at the rate of 5% according to law that amounts to €16.40.

Thus, the applicant is humbly requesting this Court and under its Authority is depositing the amount of €16.40 so that it may be freely withdrawn as the price of redemption by the owner after leaving the relative receipt. Thus the applicant is redeeming the groundrent above mentioned for all intents and purposes of law.

Applicant: Salvina Aquilina, 131, Triq il-Vitorja, Il-Ħamrun

Notification: Director Public Registry

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 Ian Spiteri Bailey, 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 26th May, 2021, following a request by Pius Buhagiar et it was ordered that deputy curators be chosen to represent the unknown heirs or their successors in title of Rose widow of Gregorio Tanti, and also of Nazzareno Tanti, Valentina Tanti, Innocenza Tanti, John Tanti and Paul Tanti in the acts of the schedule of deposit number 952/2021 in the names Pius Buhagiar 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 20th May, 2021, in the names of Pius Buhagiar, born in Tal-Pietà on the 16th November, 1974, residing in Ħaż-Żabbar (ID 0554574M) married to Andrina Buhagiar née Borg; Lawrence Buhagiar (ID 0178073M) born in Tal-Pietà on the 30th March, 1973, and residing in Australia married to Rosianne née Demicoli; and Joseph Buhagiar (ID 272263M) born in Tal-Pietà on the 3rd May, 1963, and residing in Ħaż-Żabbar, married to Mary Rose née Darmanin all children of the late Alfred Buhagiar and Josephine née Darmanin vs Deputy Curators to represent the unknown heirs of their successors in title of Rosa widow of Gregorio Tanti, daughter of the late Giuseppe Abela and Anna née Abela born and residing in Ħad-Dingli, and also Nazzareno Tanti, Valentina Tanti, Innocenza Tanti, John Tanti and Paul Tanti children of Gregorio Tanti and Rosa Tanti née Abela born in Ħad-Dingli whereby the applicants Pius Buhagiar (ID 055457M), Lawrence Buhagiar (ID 0178073M) and Joseph Buhagiar (ID 272263M) respectfully submitted:

That from the inheritance of Alfred Buhagiar (father of the applicants) who died on the 9th February, 2020, the applicant became the emphyteutae of:

a) A divided portion of a field known as Il-Wilga ż-Żgħira in the limits of Ħad-Dingli of measurement of about 4,102m² bounded from the east with the road that leads to Ta' Baldu and the Ħoffriet ir-Rizz, from the north with property of Paolo Busuttil or his successors, from the west with property of Luigi Azzopardi or his successors and from the South with property of family Tanti or their successors or other boundaries as subject to the annual and perpetual groundrent of €0.12 otherwise free and unencumbered with all its rights and appurtenances, and

b) Another divided portion of a field known as Il-Wilga ż-Żgħira of about 1,400m² accessible from Triq San Pawl tal-Pitkali by means of a pathway and from the road that leads to Ta' Baldu and to Ħoffriet ir-Rizz by means of another pathway, and bounded from the north with part of the pathway mentioned that leads to Ta' Baldu and to Hoffriet ir-Rizz and from the south to a portion of the same land property of Rose Gauci or her successors and from the west with the pathway above mentioned that leads to Triq San Pawl and subject to the annual and perpetual groundrent of €0.12 otherwise free and unencumbered with all its rights and appurtenances.

(Copy of the will of Alfred Buhagiar is attached as Doc. A; Copy of the site plan is attached as Doc. B; Copy of the acquisition is attached as Doc. C; Death certificate of Alfred Buhagiar is attached as Doc. D);

Thus the applicants today wish to avail themselves of the option given to them by means of article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this groundrent in terms of law;

That the total amount of €0.24 capitalised at the rate of 5% amounts to €4.80.

Thus, the applicants are humbly requesting this Honourable Court and under its Authority are depositing the total amount of €7.44 – as for the amount of €4.80 as the redemption of groundrent above mentioned and the amount of €2.60 as the arrears of the groundrent and laudemium due to the respondents – and this to be freely withdrawn by the mentioned respondents after leaving the relative receipt according to law.

Applicants: 11, Triq it-Tilliera, Ħaż-Żabbar

Notification: Director Public Registry

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. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd August 2021, in the records of the judicial letter number 2249/2021, in the names Paul Borg et vs Daniel Esposito, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Daniel Esposito in terms of Article 187(3) et seq of Chapter 12.

In the First Hall of the Civil Court

To Daniel Esposito (ID 149683M) of 28, Bijou Vert, Flat 5, Triq il-Kostituzzjoni, Birżebbuġa.

By means of this present, Paul and Josephine spouses Borg (ID 1061846M and 950847M respectively) of 22, Glen Grove Triq il-Qamħ, Attard, whilst referring to the contract of works (Agreement Sheet No C 152018) regarding the demolition works and construction of the airspace in the block Mary Flats, Triq il-Katidral, San Pawl il-Baħar, solicit you to come forward for the payment of damages that the respondents suffered because you did not comply with the contractual agreement of May 2018.

That the contract of works was clear and this notwithstanding you failed to comply with its provisions and which contract of works consisting in an obligation that the respondent supplies the building material and executes the work.

As a result of the delay on your part, the interpellants are faced with damages from the owners of the apartments in the said block, and because of this the interpellants are holding you responsible because you did not comply with your agreement according to article 1623 et seq of Chapter 16 and did not honour the agreement as you were obliged to do, because you started the works late.

With costs and legal interests till the effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 693/2021 in the names Finance House plc vs Iluminado Jr Butad Diayon the following publication was ordered for the purpose of effecting service on the respondent Iluminado Jr Butad Diayon in terms of Article 187(3) et seq of Cap. 12.

In the Court of Magistrates (Malta)

To Iluminado Jr Butad Diayon (ID 193939A) of Kelly & James Flats, Flat 4, Triq Agatha Barbara, Marsaskala.

By the present Finance House plc (C58869) of Aries House, Triq l-Imdina, Ħaz-Żebbuġ, Malta solicits you so that immediately you pay the amount of €944.93 besides the legal interest from the due day of each bill of exchange till the effective payment representing 7 bills of exchange each of the value of €134.99 which bill of exchange matured on the 7th day of each month from September 2020 till March 2021 respectively (copies here attached and marked as Doc A1 –A7).

This judicial letter is being made in terms of Articles 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 to this Court grievous and valid reasons to oppose the execution of this bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

For you to be guided accordingly and to know how to proceed and with costs against you.

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 17th February 2022, following a request of Pattista Saliba Caruana et it was ordered that deputy curators be chosen to represent the interest of the unknown heirs of Angelo Caruana, in the records of the Application 1190/2013 JVC, in the names Pattista Saliba née   Caruana et vs Joseph Caruana and in the other relative and subsequent acts.

By means of an application, filed, in the Civil Court First Hall, in the names Pattista Saliba née   Caruana (ID 117938M), Salvu Caruana (ID 302839M), Jane Said (ID 710244M), Nazzareno Caruana (ID 292450M), Victor Caruana (ID 292861M), Alfrida Degiorgio née   Caruana (ID 558964M) and Anna Mifsud née   Caruana (ID 338668M) in their own name and also Charlie Caurana, Anthony Caruana, John Caruana, deputy curators to represent Angelo Caruana, Mary Martin née   Caruana, Grace Cipriano née   Caruana, Peter Anthony Caruana duly represented by Nazzareno Caruana (KI 292450M) as duly authorised by means of a power of attorney vs Joseph Caruana (ID 655640M), Mary Agius née   Caruana (Id 154642M), Antonia Zahra née   Caruana (ID 934247M) and Dr Mark M Busuttil and LP Pauline Mallia nominated deputy curators by means of a decree dated 20th March 2014 to represent the absent Charles Fenech, Therese Leitch née   Fenech, Jane Buttigieg née   Fenech, Nazzareno sive Renee Fenech and Maryrose Fenech, on the 12th December 2013, the applicants Pattista Saliba née   Caruana (ID 117938M), Salvu Caruana (ID 302839M), Jane Said (ID 710244M), Nazzareno Caruana (ID 292450M), Victor Caruana (ID 292861M), Alfrida Degiorgio née   Caruana (ID 558964M) and Anna Mifsud née   Caruana (ID 338668M) in their own name and also Charlie Caurana, Anthony Caruana, John Caruana, deputy curators to represent Angelo Caruana, Mary Martin née   Caruana, Grace Cipriano née   Caruana, Peter Anthony Caruana duly represented by Nazzareno Caruana (KI 292450M) as duly authorised by means of a power of attorney requested this Honourable Court to:

1. Declare that the plaintiffs are the joint heirs of the defendants of the paternal grandparents Ganna and Joseph Caruana as well as of the uncle Joseph Caruana and between them the parties have a total of twenty (20) shares with each share or quota is one in twenty (1/20);

2. Consequently declares tha the parties are also co-owners of the movable and immovable assets listed in the same share;

3. Divide the movable assets and in particular the assets in the bank accounts held in the name of Joseph Caruana into equal shares of one in twenty (1/20) by assigning these shares to each party according to the share due to him set out in the requests and the attached genealogical tree;

4. Declare by means of nominated architects if the property in question can be divided comfortable in the shares already indicated;

5. If it can be comfortably divided, order (a) the division of the property into twenty (20) parts between the parties (b) assign in favour of the parties the share due to them from the division, against payment of any owelty if the case maybe;

6. If it cannot be comfortably divided (a) to order the sale by licitation of the said immovable property including as the case may be through third party bidders (b) to assign to each party its share of the said sale;

7. Appoint a Notary Public to publish any required deed including the relative deed of division as well as curators to represent the absentee on the deed.

With costs against the defendants who are from now summoned so that a reference to their oath be made.

The Sworn Application number 1190/2013JVC is postponed for hearing for the 2nd June 2022 at 11.35a.m.

Applicant : Pattista Saliba née   Caruana – 2 Notre Dame, Triq Ġużeppina Curmi, Żejtun, ZTN04.

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 Neville Camilleri B.A., LL.D., M.A. (Fin Serv) ,Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

Banns for Curators

REPUBLIC OF MALTA

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 16th June 2021, following a request by Joseph Spiteri it was ordered that Deputy Curators be selected to represent the unknown owners of the fields known as Ta' Gatt in Ħal Għaxaq in the acts of the schedule of deposit number 1548/2021 in the names Joseph Spiteri vs deputy curators and in other relative and subsequent acts.

By means of a schedule of deposit filed in the Court of Magistrates (Malta) on the 15th June 2021, in the names Joseph Spiteri vs deputy curators nominated to represent the unknown owners of the fields known as Ta' Gatt in Ħal Għaxaq, the applicant Joseph Spiteri (ID 341738M) respectfully submitted:

That the applicant leases about three tumoli and a half (3.5T) or 3,900sqm known as Ta' Gatt in the limits of Ħal Għaxaq, which one can aċċess from Triq il-Belt Valletta, Ħal Għaxaq (plan here attached and marked as Doc A) for the agricultural rent of Lm9.00 or €21 per year which agricultural rent is paid on the 15th August of the calendar year.

That between the 15th August 1963 till the 15th August 2015 the applicant used to pay this agricultural rent to a certain Catherine Cauchi and/or her family but from searches made lately on the transfer of property of the same Catherine Cauchi, her father PL Giovanni Zammit and her grandfather Felice Zammit, it does not result that Catherine Cauchi acquired this field by transfer inter vivos or through succession. Consequently the applicant does not know whom the owners of this field are.

Due to the above, the applicant is depositing the agricultural rent for the period from the 15th August 2016 till the 15th August 2021 (five years) in the amount of €105 against deputy curators to represent the unknown owners of this field.

Thus the applicant to renounce himself from any responsibility is requesting this Court and under its Authority is depositing the amount of €64.97 that together with €44.03 representing costs of this present, amounts to €105 so that this amount will be freely withdrawn by whom has the right to it according to law.

Applicant: Joseph Spiteri – 4, Triq San Bastjan, Ħal Għaxaq.

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within six (6) days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform everyone that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

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

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Victor G Axiak BA LLD Dip Tax, Doctor of Laws, Magistrate of the above-mentioned Court.

Alexandra Debattista

For the Registrar, ĊiviliCourts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number: 99/2021 BS

Application in terms of Article 495A of the Civil Code

Peter Paul Vella, holder of Identity Card Number: 27250(G)

Mario Vella, holder of Identity Card Number: 50254(G);

Pauline Vella, holder of Identity Card Number: 34445(G);

Mary Gambin, holder of Identity Card Number: 128301(L);

Jacqueline Galea, holder of Identity Card Number: 2575(G);

Grace Debrincat holder of Identity Card Number: 30381(G);

Maria Muscat, holder of Identity Card Number: 58046(G)

versus

Saviour Vella, holder of Identity Card Number: 67540(G)

And by a decree dated 24th February, 2022, Charlie Vella has been nominated a curator to represent Joseph Vella who resides abroad.

APPICATION of Peter Paul Vella of 15, North Street, Nadur, Gozo, holder of Identity Card Number: 27250(G); Mario Vella of “Vella", Foreman Street, Victoria, Gozo, holder of Identity Card Number: 50254(G); Pauline Vella of “Michael Pauline", Pope Leo XIII Street, Nadur, Gozo, holder of Identity Card Number: 34445(G); Mary Gambin of “Taż-Żingari", Maxrabija Street, Għasri, Gozo, holder of Identity Card Number: 128301(L); Jacqueline Galea of “Il-Qolla", Saint Domenica Street, Victoria, Gozo, holder of Identity Card Number: 2575(G); Grace Debrincat of 65, “Debrincat", Mill Street, Mosta, Malta Identity Card Number: 30381(G) and Maria Muscat of 8, Saint Joseph Street, Nadur, Gozo, holder of Identity Card Number: 58046(G)

Humbly submits and Mary Gambin holder of Identity Card Number: 128301(L) under oath confirms and declares that she is personally aware of the following facts:

1. The plaintiffs (excluding Maria Muscat) together with the defendants are owners of a portion of land accessible from a passage without number and without name, that abuts in Saint Joseph Street, Nadur, Gozo, which portion of land has an area of about one hundred and seventeen point six square meters (117.6 sq.m) and is bounded on the East in part with the said passage and in part with property of Maria Muscat, on the North with property of Rosa Grech, and on the West with property of Ġuża Vella. This portion of land is better shown in red, whereas the said passage that leads to it, is shown in blue of the attached plan marked as Document “A";

2. That this land originally belonged to Emanuel Vella. He had acquired this land through inheritance from his uncle Mikieli Vella. This will result during the hearing of the case. Emanuel Vella died on the seventh (7th) February of the year one thousand nine hundred and eight seven (1987) and this as confirmed from the death certification hereby attached and marked as Document A1. He died intestate and therefore his inheritance devolved on his five (5) children, that is, Saviour, Michael, Joseph, Peter Paul and Mario siblings Vella, in the shares of one fifth (1/5) undivided share each;

3. That Michael Vella, died on the twenty fifth (25) September 2018. From testamentary searches carried out in the Public Registry and in the Civil Courts of Malta and Gozo, it resulted that Michael Vella died intestate. Therefore his succession devolved according to law in that a half (1/2) undivided share devolved in favour of his wife, the plaintiff Pauline Vella, and the remaining half (1/2) undivided shares devolved in favour of his three (3) children that is, Mary Gambin, Jacqueline Galea u Grace Debrincat in equal quotes between them. The notice of devolution relating to the immovable property owned by Michael Vella was published on the ninth (9th) September 2019 in the acts of Notary Maria Grima. Copy of the notice of devolution is hereby attached and marked as Document B. This includes a copy of the death certificate of Michael Vella and also a copy of the public and secret testamentary searches. Therefore upon Michael Vella's death, the plaintiff Pauline Vella became owner of the one tenth (1/10) undivided share from the property described in the first (1) paragraph, whereas the three children of the deceased Michael Vella became owners of one tenth (1/10) undivided share of the same property between them, that is, owners of one thirtieth (1/30) undivided share each;

4. That in view of the above, the said property is held in the following shares:

ix. The plaintiff Peter Paul Vella is owner of one fifth (1/5) undivided;

x. The plaintiff Mario Vella is owner of one fifth (1/5) undivided;

xi. The plaintiff Pauline Vella is owner of one tenth (1/10) undivided;

xii. The plaintiff Mary Gambin is owner of one thirtieth (1/30) undivided;

xiii. The plaintiff Jacqueline Galea is owner of one thirtieth (1/30) undivided;

xiv. The plaintiff Grace Debrincat is owner of one thirtieth (1/30) undivided;

xv. The plaintiff Saviour Vella is owner of one fifth (1/5) undivided;

xvi. The plaintiff Joseph Vella is owner of one fifth (1/5) undivided;

A list of the shares held by each party and the values of the respective shares held is attached and marked as Document C whereas the family tree of the involved parties is attached and marked as Document D;

5. That the plaintiffs (excluding Maria Muscat) who are the owners of six out of ten (6/10) undivided parts, managed to enter into a promise of sale agreement dated twentieth (20) of July of the year two thousand and twenty one (2021) (Copy hereby attached and marked as Document E) by means of which the plaintiffs obliged themselves to sell their respective shares to Maria Muscat and this for the price of thirty thousand euro (€30,000) for their shares. In its entirety the land was valued at fifty thousand euro (€50,000). This promise of sale was duly registered with the Commissioner for Tax and bears the number PS 2021 28170. Copy of the registration letter of the said promise of sale is hereby attached and marked as Document F;

6. That prior to signing of the promise of sale, the plaintiffs approached the defendant Saviour Vella and Charles Vella who might have had a power of attorney of the defendant Joseph Vella, in order for them to sign the promise of sale. However, the defendants refused to do so without any valid reason at law.

7. That the plaintiffs believe that this case fits perfectly within the parameters of article 495A of the Civil Code (Chapter 16 of the Laws of Malta) and this for the following reasons:

(a) The property in question has been in common for more than three (3) years;

(b) Up till now no one instituted any case before the Courts regarding the division of the property;

(c) The defendants did not cooperate for the sale of the above described land and therefore the plaintiffs are assuming that they are not agreeing with the proposed sale;

(d) The plaintiffs Peter Paul Vella, Mario Vella, Pauline Vella, Mary Gambin, Jacqueline Galea and Grace Debrincat have the majority of the shares from the said property. In fact the same plaintiffs have six out of ten (6/10) undivided shares whereas Saviour and Joseph have between them four out of ten (4/10) undivided shares;

(e) The defendants will in no way be seriously prejudiced, on the contrary the plaintiffs believe that the defendants will not be prejudiced in any way if the sale is affected;

(f) The price and conditions of the transfer as results from the attached promise of sale are fair, account the measurement of the land, its state as well as the location in which it is located and all the circumstances related to the said land including the fact that it is only accessible from a passage. Suffice to say that notwithstanding the fact that from an architect's estimate obtained three (3) years ago (hereby attached and marked as Document G) the land in its entirety was valued at twenty thousand euro (€20,000), the plaintiffs managed to find the sale of the property for the entire price of fifty thousand euro (€50,000)

Therefore, the plaintiffs are humbly requesting this Honorable Court, to:

8. Order the publication of this application in the Government Gazette and other local newspapers in terms of Article 495A of Chapter 16 of the Laws of Malta;

(9) Order the notification of this application to the defendant Saviour Vella and to the curator of Joseph Vella, also in terms of Article 495A of Chapter 16 of the Laws of Malta;

(10) Declare that the price and the conditions for the sale of the plaintiff's shares in favour of Maria Muscat of the portion of land accessible from a passage without number and without name, that abuts in Saint Joseph Street, Nadur, Gozo, which portion of land has an area of about one hundred and seventeen point six square meters (117.6 sq.m) and is bounded on the East in part with the said passage and in part with property of Maria Muscat, on the South with property of Rosa Grech, and on the West with property of Ġuża Vella are fair and appropriate and that the same price and conditions shall apply for the sale of the shares which defendants Saviour and Joseph Vella own in the same property and therefore there is no need that the property is valued from an architect and civil engineer.

(11) Approve the proposed sale and consequently authorize that the sale is done in terms of Article 495A of Chapter 16 of the Laws of Malta and this in terms of the promise of sale dated twentieth (20) July 2021 done before Notary Enzo Refalo and this also in respect of the shares owned by the defendants;

(12) Authorize the execution of any public deed and/or declarations and/or ancillary deeds to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer be published and enrolled including the publication of any necessary causa mortis declarations;

(13) Sets a day, time and place where the transfer of the immovable can take place, in terms of the abovementioned promise of sale agreement or alternatively as per conditions imposed by this Honourable Court, and if necessary, whichever other public deeds and/or declarations and/or ancillary deeds to the final deed of sale and transfer, which may be necessary, so that the final deed of sale and transfer be published and enrolled;

(14) Nominates Notary Enzo Refalo to publish the relative public deed and any other public deeds and/or declarations and/or accessory deeds to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer be published and enrolled;

(15) Nominate and appoint deputy curators to represent the whosoever from the owners fail to appear for the final deed.

With costs of this procedure against the defendants.

The application is appointed for hearing for Tuesday, 26th April 2022at 8.45am.

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree given, by the Court of Appeal, on the 12th January 2022, Application in the names Christopher Coleiro vs Charmaine Chircop, Application Number 90/21, the following publication was ordered for the purpose of service of the respondent Charmaine Chricop, in terms of Article 187(3) et, seq. of Cap, 12.

By means of an Application, filed, in the Court of Appeal, in the names Christopher Coleiro (ID 0402181M) vs Charmaine Chircop (ID 458683M) on the 18th November 2021, the applicant Christopher Coleiro (ID 0402181M) respectfully pleaded;

That on the 12th March 2005, the parties had married by the rite of the Catholic Church in the Parocchial Church of Saint Catherine, Żurrieq,

That on the 12th December 2009, the respondent presented an application so that the marriage that was celebrated between her and her husband be declared null,

The Metropolitan Tribunal of the Archdiocese of Malta, gave a negative decision, on the 18th December 2013, published on the 16th May 2014 and thus an appeal was made before the Regional Tribunal of Second Instance which by a judgement of the 14th November 2018, pubished on the 20th November 2018, reformed the judgement of the First Instanceby giving a positive decison,

The same Regional Tribunal of Second Instance rendered this judgement executive by means of an executive decree of the 12th December 2018,

…omissis…

Thus the applicant respectfully prays this Honourable Court so that,

1. It declares that the judgement of the 14th November 2018, in virtue of which the Metropolitan Tribunal of the Archdiocese of Malta declared the marriage between the parties null and without effect should have all the civil effects according to the dispositions of Cap. 255 of the Laws of Malta and should be acknowledged as if it were a judgement given by the Malterse Civil Courts and which became res judicata,

2.Uphold the other demands in the application amongst which the registration of the judgement of nullity in terms of Cap. 255 of the Laws of Malta.

Applicant: Shafra, Penthouse 4, Triq in-Nassaba, Ħal Safi.

Respondent: 61, Jesus, Vjal il-Blue Grotto, Żurrieq.

Notify: Director Public Registry, Marsa.

State Advocate. Valletta, V LT 1311.

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 28th September 2021, Application in the names Adrian Caruana Scicluna vs Lars Christian Beitnes et. Application 548/21 AD, the following publication was ordered for the purpose of service of the defendant Lars Christian Beitnes et. in terms of Article 187(3). et. seq. of Cap 12.

By means of an Application, presented, in the First Hall Civil Court, in the names Adrian Caruana Scicluna vs Lars Chrisatian Beitness and White November Fund Limited, on the 4th June 2021, the applicant Adrian Caruana Scicluna (ID 272361M) asked this Honourable Court,

1...To declare that the defendants are debtors of the plaintiff, in a sum that has to be liquidated by this Court, representing leases of the premises 48, The Penthouse, Tignè Seafront, Sliema, that there be a 'set off' between the amount of leases liquidated and the amount due according to the constitution of debt between the parties dated 1st of August 2021, whereby the defendants constituted themselves creditors of the plaintiff and uphold the other demands in the application.

With costs and the defendants are summoned so that a reference to their oath is made.

The Application in the names Adrian Caruana Scicluna vs Lars C hristian Beites et has been put off for hearing to the 18th March 2022, at 9.05am.

Notify Defendants: 1) Lars Christian Beitnes, 48, Flat 9, The Penthouse, Tignè Seafront, Sliema.

2) Director, White November Fund Limited, 48, Flat 9,

The Penthouse, Tignè Sea Front, Sliema.

Adv. Frank Portelli,LLD.

For the Registrar, Civil Courts and Tribunals.

IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the first (1st) of March of the year 2022 (Decree number: 25/2022BS following application number 130/2021(BS) Grazie sive Grazia Agius, wife of Carmelo Agius, daughter of the late Clemente Mizzi and Giuseppa née   Aquilina, born in Gharb, Gozo, and resides in Gharb, Gozo, holder of identity card number: 69838(G) has been confirmed INTERDICTED from all acts of civil life.

Carmelo Agius, pensioner, son of the late Giusepp Agius and Guseppa née   Portelli, born in Għarb, Gozo and resides in Għarb Gozo, holder of identity card number 80336(G), has been nominated as her curator, by virtue of the said decree.

Voluntary Jurisdiction

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

IT is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the first (1st) of March of the year 2022 (Decree number: 26/2022BS following application number 135/2021(BS) Carmela Muscat, spinster, daughter of the late Pietro Paolo Muscat and Giovanna née   Gatt, born in Xagħra, Gozo, and resides in Victoria, Gozo, holder of identity card number: 6030(G) has been confirmed INCAPACITATED from all acts of civil life.

Rita Xerri, Learning Support Educator, wife of Joseph Xerri, daughter of the late Anthony Sultana u Maria nee' Muscat, born in Xagħra, Gozo and resides in Xaghra Gozo, holder of identity card number 21661(G), has been nominated as her curator, by virtue of the said decree.

Voluntary Jurisdiction

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals