Court Notices published in Govt. Gazette No. 20,810 of 18th March 2022

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Sworn Application number 83/2021

Application in terms of Article 495A of the Civil Code

Josephine Said (identity card number 16631G) of 31, Assumption Street, Victoria, Gozo;

John Mary Said (identity card number 34961G) of 12, 'Great Lakes", Triq l-Għasfur tal-Bejt, Fgura, Malta, in his own name and on behalf of his siblings:

a) Mary wife of Joseph Farrugia (Maltese passport number 1194673) of 2570, Chisholm Avenue, Mississauga, Ontario, Canada,

b) Joseph Said [American Passport Number 494 374 278] of 31002, Beechnut Street, Westland, Michigan, MI 48186-5092, United States of America,

c) Theresa Carmen Batayeh (American passport number 509997784) of 6142, Eagle Trace Drive, Ypsilanti, Michigan, MI 48197, United States of America;

Louis Attard (identity card number 61557G) and for all interest that it may have his wife Maria Attard (identity card number 23862G) of Marylou, Triq Dun Karm Caruana, Għasri, Gozo;

George Scicluna (identity card number 16788G) and Doctor Catriona Scicluna (identity card number 1391G) of 2, 'Zernieq', Triq Għajn Mhelhel, Żebbuġ, Gozo,

versus

Dr Carmelo Galea, who by decree dated 21st of January, 2002, was appointed Deputy Curator to represent the heirs of Baskal Cachia.

Application of Josephine Said (identity card number 16631G) et

Humbly submit and under oath Louis Attard, holder of identity card number 61557G, confirms and declares that he is personally aware of the facts listed hereunder:

1. That all the applicants together with the unknown heirs of Baskal Cachia are co-owners of a portion of land that resulted after the collapse of a house numbered two (2), previously forty five (45) or another number, in Church Street, Għasri, Gozo, measuring circa one hundred and two square metres (102 sq. m.) bounded on the west with the street, south with an alley, and east with property of John Abela and John Azzopardi or their successors in title, free and unencumbered, with vacant possession and with all its rights and appurtenances as, better shown on the site-plan hereto attached and marked as Document A;

2. That the applicant Louis Attard is the owner of and undivided half (1/2) of the property above-mentioned in the first paragraph.  He had bought this undivided half from Giorgio Attard and his wife Rose née Cini by means of a contract of sale dated first (1st) June 1984, published in the acts of Notary Doctor Joseph Spiteri (Document B).  Giorgio Attard had acquired this property from the inheritance and succession of his parents, and namely Luigi Attard and Grazia née Vella, who died respectively on the fourteenth (14th) of October, 1932, and on the eighth (8th) of September, 1948.  The other undivided half of the property belonged to Gio Maria Vella, the predecessor in title of all the applicants (excluding Louis and Maria spouses Attard and George and Catriona spouses Scicluna) and the defendant;

3. Gio Maria Vella died on the twenty-eighth (28th) August, 1957 (Death Certificate marked as Document C). Copy of the testamentary searches is hereby being attached and marked as Document C1.    Gio Maria Vella regulated his inheritance and succession by virtue of a will dated sixteenth (16th) May, 1956, published in the acts of Notary Dr John Busuttil (Document D). In this will, he nominated as his universal heirs his children Carmelo Vella, Maria wife of Salvu Cachia, Rosina Vella and Carmela wife of Manuel Grech, in equal portions between them, with the substitution of their descendants in the case of being predeceased, and with accretion as determined by the law in the case of being predeceased of an heir having left no children or descendants. In the relative notice of devolution of property passing on death dated eighteenth (18th) October 1957 (No. 275/57) (Document E), the premises in question is described in paragraph number ten (10). Therefore, upon his death, the property devolved on his four children, such that each child became the owner of one eight (1/8) undivided share of the premises in question;

4. That Maria and Salvu Cachia had four children: Josephine wife of Louis Said, Theresa wife of Sam Black, Baskal Cachia, and Angiolina wife of Leonard Cridland. Maria Cachia died intestate on the twenty-ninth (29th) July, 1962 (Document F).  Her inheritance devolved ex lege on her four children, such that, each child became owner of one of thirty-two (1/32) undivided share of the property in question.  The property in question is described in paragraph seven (7) of the relative notice of devolution of her inheritance and succession which was filed with the Tax Department office on the twenty ninth (29th) of May, 1963, and which bears the reference number 1294/63 (Document G).  A copy of the public and secret testamentary searches of Maria Cachia are hereby being attached and marked as Documents G1 and G2;

5. That Rose sive Rosina Vella died on the sixteenth (16th) February, 1964, as confirmed by the death certificate hereto attached and marked Document H.  A copy of the public and secret testamentary searches is hereby being attached and marked as Documents H1 and H2.  The relative notice of devolution of inheritance and succession was drawn up on the twenty-sixth (26th) March, 1964 (reference number 94/64) (Document I).  Rose Vella died intestate, and therefore, in the absence of any descendants, the one eight (1/8) undivided share pertaining to her deriving from her parents' inheritance, devolved in accordance with law onto her siblings Carmela wife of Manuel Grech and Carmelo Vella per capita, and on the children of Maria  Cachia per stirpes;

6. That, therefore, at this point, siblings Carmela Grech and Carmelo Vella each owned one sixth (1/6) undivided share of the property in question, whilst the descendants of Maria Cachia jointly held one of twenty four (1/24) undivided share of the same property each;

7. That Angiolina wife of Leonard Cridland, that is, the daughter of Maria Cachia, died intestate on the eleventh (11th) May, 1968, and her share, consisting of one of twenty four (1/24) undivided share of the property, that she inherited from her father and her aunt Rosina Vella, devolved on her three children Gerald Philip, Christine Anne Binnion and Susan Lynne Garratt, siblings Cridland;

8.  That Carmela wife of Manuel Grech died on the fourth (4th) March, 1988 (Document J), and she regulated her succession by virtue of three wills: one dated twenty-ninth (29th) November, 1969; another dated fifth (5th) December, 1969; and the final will dated thirtieth (30th) January 1975) (a copy of the final will hereto attached and marked Document K). The testamentary searches for public and secret wills of Carmela wife of Manuel Grech are hereto attached and marked Documents L, M1 and M2.  In her last will, Carmela Vella had declared that all property, movable and immovable, which had devolved unto her from the inheritance of her parents, the late Gio Maria Vella and Teresa Vella nee Buttigieg, as well as from the inheritance of her late sister Rosina née Vella, upon her death had to devolve by title of pre-legacy in favour of Josephine Said, wife of Louis Said and the daughter of her sister Maria Cachia, and the same Josephine Said was also nominated universal heir.  In the list of immovable property annexed to the relative notice of devolution of property relative to inheritance and succession dated seventeenth (17th) June, 1988 (number G 302/88) (Document N), it is declared that Carmela Grech owned one of sixth (1/6) undivided shares of the property, and this as described in paragraph number four (4). Therefore, at this point, Josephine Said became the owner of five of twenty four (5/24) undivided shares of this property;

9. That by virtue of a contract of assignment dated first (1st) February, 1982, published in the Acts of Notary Dr Michael Refalo (Document O), Theresa wife of Sam Black ceded and transferred unto Louis Said, husband of her sister Josephine Said, all real and personal rights that she had over the inheritance and succession of her mother Maria Cachia and her sister Rosina Vella (that is one-twenty forth (1/24)) such that Louis Said, together with his wife Josephine Said, became the owner of six of twenty four (6/24) undivided share of the property subject of this application;

10. That Louis Said died on the third (3rd) September, 1988 (Document P).  A copy of his public and secret testamentary searches are hereby being attached and marked as Documents P1 and P1.  According to the same searches, it results that he regulated his inheritance and succession together with his wife Josephine Said by virtue of a will unica charta published in the Acts of Notary Antonio Galea dated sixth (6th) September, 1972 (Document Q), by virtue of which they nominated their four children their universal heirs. Therefore, upon death of the testator, John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh acquired jointly the undivided half (1/2) of the six of twenty-four (6/24) undivided shares or rather, each descendant of Louis Said acquired one-thirty-two (1/32) of said property;

11. That the last surviving descendant of Gio Maria Vella and Teresa née Buttigieg, Carmelo Vella, died on the ninth (9th) December, 2005 (Document R), and from the testamentary searches carried out, it resulted that he had regulated his succession by virtue of a will dated twenty-ninth (29th) December, 1981, published in the acts of Notary Dr Michael Refalo (Document S), in which he nominated and instituted as his universal heir his niece Josephine Said. Therefore, Josephine Said acquired one-sixth (1/6) undivided share of property in question, as a result of which she became the proprietor of seven of twenty-four (7/24) undivided shares. The share which devolved unto Josephine Said was declared in the declaration causa mortis published in the acts of Notary Maria Grima on the twenty-fourth (24th) May, 2006 (Document T). The testamentary searches of public and secret wills for Carmelo Vella are attached to the same declaration causa mortis;

12. That by virtue of the deed of sale dated twenty-sixth (26th) February, 2010, published in the acts of Notary Dr Maria Grima (Document U), Josephine Said also acquired from Gerald Philip Cridland, Christine Anne divorced from Michael William Binnion, and Susan Lynne wife of John William Garratt, siblings and children of Angiolina wife of Leonard George Cridland, one-twenty forth (1/24) undivided share of the property, and subsequently became the owner of eight of twenty-four (8/24) undivided shares thereof.  For all intents and purposes the applicants are attaching a copy of the searches relative to the transfers and debts of Josephine Said, Joseph Said, John Mary Said, Theresa Carmen Batayeh, Mary Farrugia, Luigi sive Louis Said, Carmelo Vella, Gerald Philip Cridland, Christine Anne Binnion and Susan Lynne Garratt marked as Dokument U1;

13. That Baskal Cachia was married to Esterina Cachia, and they lived abroad. Baskal Cachia is today deceased, and the applicants have no information regarding when he passed away. They are not even certain who his heirs are. The only information they have is that from his marriage to Esterina Cachia, he had four children, namely Salvo Cachia, Melita Cachia, Derna Cachia and Marie Cachia. The applicants are also aware of the fact that Melita Cachia is also deceased. However, they do not have any information regarding her date of death. The applicants are also not in a position to state who the heirs of Melita Stericker née Cachia are. However, they know that Melita Stericker has two children, Vicki Stericker and Byron Stericker;

14. That in accordance with the above-mentioned, the property described is held in the following shares:

i. The applicant Josephine Said is the owner of twenty one of forty-eight (21/48) undivided shares,

ii. The applicants John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh are each proprietors of one of one hundred and ninety two (1/192) undivided shares, therefore jointly owners of one of forty eight (1/48) undivided shares,

iii. The applicant Louis Attard is the owner of half (1/2) undivided share of the property, that is, he holds twenty of twenty-four (12/24) undivided shares, that is, twenty four of forty-eight (24/48) undivided shares,

iv. That the heirs of Baskal Cachia have one of twenty-four (1/24) undivided shares between them, that is, two of forty-eight (2/48) undivided share,

Prospect of the shares and the value of the shares, respectively held by the parties is hereby being attached and marked as Document U2 whilst a family tree of the parties is hereby being attached and marked as Document U3 and U4 respectively;

15. That the applicants wish to sell the property and in fact entered into a promise of sale dated twenty second (22nd) June of the year two thousand and twenty one (2021), (Copy attached and marked as Document V) by means of which the applicants bound themselves to sell their respective shares to George and Catriona Scicluna and this for the price of one hundred and thirty eight thousand euro (€138,000) for the whole.  This promise of sale was duly registered with the Commissioner for Revenue and bears the number PS 2021 27616 (Document W);

16. That the applicants tried to make contact with the presumed heirs of Baskal Cachia, all of whom live abroad, however the latter, did not pass on any information which confirmed that they are indeed the heirs of Baskal Cachia, and did not cooperate with or adhere to the promise of sale agreement. This without any valid reason at law.  In addition, it was also impossible for the applicants to verify who the actual heirs are, and they are therefore filing this application against curators to represent the inheritance of Baskal Cachia;

17. That the applicants believe that this case falls within the parameters of article 495A of the Civil Code (Chapter 16 of the Laws of Malta) for the following reasons:

a) The property in question has been jointly held for more than three years,

b) To date, no one has ever instituted a cause before this Court regarding the division of this property,

c) The defendants didn't cooperate for the sale of this land on which the property was built, described earlier on in this application and therefore the applicants are assuming that they do not agree with this sale,

d) The applicants Josephine Said, John Mary Said, Mary wife of Joseph Farrugia, Joseph Said, Theresa Carmen wife of Farris Batayeh and Louis Attard have the majority of the shares of the property in question. In fact, the same applicants hold twenty three of twenty four (23/24) undivided shares, whilst the heirs of Baskal Cachia jointly hold only the remaining one of twenty four (1/24) undivided share,

e) The defendants will not be gravely prejudiced, in any manner; rather, the applicants believe that the defendants will not be prejudiced in any way, should this sale be effected,

f) The proposed selling price and conditions of transfer as resulting from the promise of sale agreement hereto attached are just and equitable, when considering the area of the property, it's state and also the locality and all the circumstances related to the said property.

Therefore, the applicants humbly request this Honourable Court:

1. Order the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chapter 16 of the Laws of Malta;

2. Order that this application be served unto a curator to represent the inheritance of Baskal Cachia also in terms of the same article above-mentioned;

3. Declare that the proposed price and conditions of sale of the applicant's share in favour of George and Catriona Scicluna of the portion of land that results after the collapse of a house numbered two (2), previously forty five (45) or another number, in Triq il-Knisja, Għasri, Gozo, measuring circa one hundred and two square metres (102 sq. m.) bounded on the West with the street, South with an alley, and East with property of John Abela and John Azzopardi or their successors in title, is just and fair and that the same price and conditions shall apply to the sale pertaining to the heirs of Baskal Cachia from this same property and that therefore there is no need that this property be valued by an architect and civil engineer;

4. Approve the proposed sale and consequently authorise and orders the sale in accordance with article 495A of Chapter 16 of the Laws of Malta and in terms of the promise of sale dated twenty second (22) of June, 2021, drafted before Notary Enzo Dimech and also in respect of the shares pertaining to the defendants;

5. To authorize the execution of any 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 can be published and enrolled, including also any necessary causa mortis declarations;

6. Set a day, time and place where the transfer of the immovable as per terms of the promise of sale agreement or alternatively as per conditions imposed by this Honourable Court, can take place, and if necessary, whichever 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 can be published and enrolled;

7. Nominate Enzo Dimech or another notary to publish the relative public deed and any 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 can be published and enrolled;

8. Nominate deputy curators, to represent whoever fails to appear on the final deed.

With all judicial expenses of this procedure to be borne by the same respondents.

The application is appointed for hearing for Friday 6th of May, 2022, at 8.30 a.m.

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

By a decree given on the 18th November, 2021, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by an application in the Civil Court, First Hall filed on the 1st of July, 2021, by the Commissioner of Revenue, is asking for the withdrawal of €10782.69 deposited by the Schedule of Deposit number 2442/19 in the names of:

Commissioner of Revenue vs Anthony J. Abdilla (ID 421452M)

The Court ordered the notification of this application to the counterparty with a four (4) days to reply.

Marvic Farrugia

For Registrar of Courts and Civil Tribunals

By decree given by the Civil Court, First Hall on the 15th March, 2022, on the application of J. Zammit Limited (C37945), Wednesday, 11th May, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held at number fifty five (55) J&J Boatyard, Triq ta' Għadmija, Mqabba of the following items seized from the property of Drazinic Jakov Antun (ID 52120A) and Catherine Louise Drazinic (ID 25508L):

Vehicle of the make Suzuki Swift registration number BCC591 and chassis number ZC71S437516.

N.B. The vehicle will be sold as described in the acts of Judicial Sale file number 2/2021.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

IT IS hereby notified that by an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the fourteen (14th) of March of they year two thousand and twenty two (2022) (Application number 22/2022BS), Michael Saliba requested the opening of the SUCCESSION of Rose Saliba, maiden, daughter of the late Joseph Saliba and Antonia Saliba née Zammit, born in Victoria, Gozo and died in Zebbug Gozo on the twenty-four (24th) of June of the year two thousand and twenty-one (2021), intestate. That it is necessary that the succession of the said Rose Saliba should be made in favor of his heirs according to the law and that is to her only brother Michael Saliba, son of the late Joseph Saliba and Antonia Saliba née Zammit, borni in Victoria Gozo on the 5th of December, 1967, and residing in 'Ġawhra tal-Konti', Triq Tal-Konti, Żebbuġ, Gozo, identity card number 168G, the issuance of this ban was ordered to inform anyone involved.

Wherefore, any person who considers 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.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By means of a decree , given by the Civil Court (Family Section) on the 8th February, 2022, Application in the names Carmel Kevin Busuttil vs Joan Busuttil, Application number 577/21 JPG, the following publication was ordered for the purpose of service of the respondent Joan Busuttil, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the Civil Court (Family Section) in .the names Carmel Kevin Busuttil (ID 21376M) vs Joan Busutil (ID 132979M) on the 25th November, 2021, the applicant Carmel Kevin Busuttil (ID 21376M) asked this Honourable Court,

1. To declare the marriage of the applicant Carmel Kevin Busuttil, from Joan Busuttil dissolved and uphold the other demands in the application.

With costs to be borne by the applicant in equal shares between them.

The Application in the names Carmel Kevin Busuttil vs Joan Busuttil, Application number 577/21 JPG, has been deferred for hearing to the 24th March, 2022, at 1.00 p.m.

Notify Respondent: Tizzi Place, Flat 1, Triq Birżebbuġa, Ħal Għaxaq

  23, Triq Dun Ġużepp Naudi, Ħal Għaxaq

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 25th October, 2021, on the application of HSBC Bank Malta plc (C3177), Tuesday, 3rd May, 2022, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement with official number forty nine (49) named 'Palmeira' with its relative airspace, in Triq Ġużè Ellul Mercer, Ħad-Dingli, free and unencumbered, with all its rights and enjoyments and appurtenances, and this according to the contract in the acts of Notary Dr Elaine Farrugia publised on the twelve of January, two thousand and twelve (12.1.2012) and valued at four hundred and eighty thousand euro (€480,000).

The said tenement is the property of Apap Florence (ID 577489M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 10th January, 2022, Application in nthe names Attard Bros Construction Limited (C29511) vs Edilmar Limited (C79626) Application 1054/21 NC, the following publication was ordered for the purpose of service of the defendant company Edilmair Limited (C79626) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall C ivil Court , in the names Attard Bros Construction Limited (C29511) vs Edilmair Limited (C79626) on the 25th October, 2021, the applicant Attard Bros Construction Materials Limited (C29511) asked this Honourable Court,

1. To decide this cause without proceeding to a hearing in terms of Articles 167 to 170 of Cap. 12 of the Laws of Malta;

2. Declare and decide that the defendant company is a debtor of the applicant company in the amunt of twenty six thousand six hundred seventy three euro and fifty two cents (€26,673.52) representing balance of price of various building materials as stated and uphold the other demacnds in the application.

With costs and legal interest as demanded.

The Application in the names Attard Bros Construction Materials Limited (C29511) vs Edilmair Limited (C79626) is deferred for hearing to the 29th March, 2022, at 9.15 a.m.

Notify: Edilmair Limited (C79626), The Cape Residence, Block 8, Apt 851, Triq Patri Indri Schembri, Ħal Luqa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 24th of February, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for any purpose and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure,

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section,

Schedule number 27/2022,

Martin Xerri, self-employed, son of Mario Xerri and Paola née Borg, born in Victoria, Gozo, on the 5th March, 1974, holder of identity card number 8174G and is wife Audrey Xerri, housewife, daughter of Philip Galea and Michelina née Grima, born in Tal-Pietà, Malta on the 24th February, 1979, holder of identity card number 109879M, 52, Triq it-Torri Tingi, Xewkija, Gozo

vs

… omissis …  that by a decree of the … omissis … was nominated as deputy curator to represent the unknown persons who are entitled to receive the ground rent mentioned hereunder,

Schedule of deposit and redemption of ground rent of the above-mentioned Martin and Audrey spouses Xerri,

Who respectfully state:

That the applicants are the owners of a partitioned plot of land measuring circa ninety-three-point seventy-seven square meters (93.77sq.m.) in Triq Xandriku, Nadur, Gozo, bounded on the south by the said Triq Xandriku, on the east by property of Edwin Schembri, and on the west by property of Paola Xerri (Doc. A);

That this property was acquired by virtue of a deed of the 23rd of June, 2017, in the acts of Notary Maria Grima (Doc. B);

That this property is subject to the annual and perpetual ground rent of two euro cents (€0.02) payable to unknown persons;

That the applicants wish to avail themselves of the faculty given to them by article one thousand five hundred and one (1501) of the Civil Code and to thus redeem this ground rent;

That the sum of two euro cents (€0.02) capitalised by five percent (5%) amounts to forty euro cents (€0.40).

Thus, the applicants are humbly calling upon this Honourable Court to redeem this ground rent and under its authority are depositing the global sum of forty Euro cents (€0.40) being the redemption of ground rent to be freely withdrawn by the respondents, after they leave the due receipt according to law.

Dr Georgine Grech, Grech & Grech Associates

Ġuża Court/1, Triq Ta' Kerċem, Victoria, Gozo

Notification: Public Registry, Triq Ta' Wara s-Sur, Victoria, Gozo

Public Registry, Valletta, Malta

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 Court of Magistrates (Gozo) Superior Jurisdiction, General Section, above mentioned, with the witness of the Hon. Magistrate Dr Brigitte Sultana, BA, LLD, Mag. Jur. (Eur. Law).

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 24th February, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for any purpose and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure,

In the Court of Magistrates (Gozo), Superior Jurisdiction

General Section,

Schedule number 26/2022,

Paola Xerri, wife of Mario Xerri, housewife, daughter of the late Joseph Borg and the late Loreta née Cordina, born in Nadur, Gozo, on the 14th February 1949, holder of identity card number 21849G, 59, Triq Binġemma, Nadur, Gozo

vs

… omissis … who by a decree of the … omissis … was nominated as deputy curator to represent the unknown persons who are entitled to receive the ground rent mentioned hereunder,

Schedule of Deposit and redemption of ground rent of Paola Xerri,

Respectfully states:

That the applicant is the owner of a partitioned plot of land measuring circa one hundred and eighty-two point four nine square meters (182.49sq.m.) or more accurate measurements in Triq Xandriku, Nadur, Gozo, bounded on the south by the said Triq Xandriku, on the east by property of Martin and Audrey Xerri, and on the north by property of Paola Xerri herself (Doc. A);

That this property was originally acquired by her father Joseph Borg during his marriage by virtue of a deed dated the 7th of October, 1986, per deed of Notary Michael Refalo. Joseph Borg and his wife Loreta Borg died on the 7th of July, 1998, and 19th of August, 2008, respectively;

That by means of a unica charta will of Joseph and Loreta Borg of the 20th of November, 1997, they, inter alia, left this land with the title of pre-legacy in favour of their daughter Paola Xerri, and by means of another will of the 15th December 1997, they reaffirmed this pre-legacy and declared that it was being left to their daughter as, when the property was acquired, the money to acquire it was given to the testators by the said daughter and her husband;

That this property is subject to the annual and perpetual ground rent of four euro cents (€0.04) which are to be paid to unknown persons;

That the applicant wishes to avail herself of the faculty given to her by article one thousand five hundred and one (1501) of the Civil Code and to thus redeem this ground rent;

That the sum of four euro cents (€0.04) capitalised by five percent (5%) amounts to eighty euro cents (€0.80).

Thus, the applicant is humbly calling upon this Honourable Court to redeem this ground rent and under its authority is depositing the global sum of eighty euro cents (€0.80) being the redemption of ground rent to be freely withdrawn by the respondents, after they leave the due receipt according to law.

Dr Georgine Grech, Grech & Grech Associates, Ġuża Court/1, Triq Ta' Kerċem, Victoria, Gozo

Notification: Public Registry, Triq Ta' Wara s-Sur, Victoria, Gozo

Public Registry, Valletta, Malta

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 Court of Magistrates (Gozo) Superior Jurisdiction, General Section, above mentioned, with the witness of the Hon. Magistrate Dr Brigitte Sultana, BA, LLD, Mag. Jur. (Eur. Law).

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 24th February, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below so that for any purpose and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure,

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section,

Schedule number 52/2022,

Carmen Grech, a spinster, pensioner, born on the twentieth (20th) of June of the year one thousand nine hundred and forty-five (1945) and residing at number ninety-six (96), Triq San Girgor, Ta' Kerċem, Gozo, holder of identity card number 53945G;

Mary Vella, widow of Joseph Vella, pensioner, born on the twenty-third (23rd) August of the year one thousand nine hundred and forty-six (1946) and residing in Australia, holder of the Australian driving license number 11830054;

Joseph Grech, pensioner, born on the twenty-eighth (28th) of October of the year one thousand nine hundred and fifty (1950) and residing at number one hundred and thirty-three (133), Triq l-Avukat Dr Anton Calleja, Ta' Kerċem, Gozo, holder of identity card number 82850G;

Grace Abela, widow of Emanuel Abela, pensioner, born on the eleventh (11th) of January of the year one thousand nine hundred and fifty-two (1952) and residing in Australia, holder of Maltese passport number 0915795;

Fortunata Zammit, wife of Saviour Zammit, pensioner, born on the seventh (7th) of October of the year one thousand nine hundred and fifty-three (1953) and residing in Australia, holder of Maltese passport number 1039021;

Gordon Grech, retired, born on the twenty-first (21st) February, one thousand nine hundred and fifty-five (1955) and residing in Australia, holder of the Australian driving license number 058122055;

Francis Grech, pensioner, born on the thirtieth (30th) day of May of the year one thousand nine hundred and fifty-nine (1959) and residing at 'Josefa', Triq Sarġ, Ta' Kerċem, Gozo, holder of the identity card number 30259 G,

All of who were born in Ta' Kerċem, Gozo, children of the late George Grech and the late Silvia née Vella

vs

By decree of the … omissis … named deputy curator to represent unknown persons entitled to receive the ground rent indicated here,

Schedule of deposit and concurrent redemption of ground rent of the abovesaid persons,

Respectfully state:

That all together, the applicants, are the owners of the premises, namely the house marked with the official number one hundred and twenty-three (123) in Triq l-Avukat Dr Anton Calleja, Ta' Kerċem, Gozo. This property is subject to the payment of one shilling and five grains of the old currency (£0 1/5-) annual and perpetual ground rent. This property is shown in red on the plan and a site plan is attached and marked Doc. A;

That the applicants wish to redeem this ground rent in its entirety and are therefore filing this application;

That the applicants do not know to whom this rent is payable;

That this tenement was originally acquired by Carmelo Vella by means of a deed of partition in the records of Notary Francesco Refalo of the eleventh (11th) of February of the year one thousand nine hundred and sixteen (1916) and a copy of which is attached hereto and marked Doc. B;

That the amount of ground rent as explained above is one shilling and five grains of the old currency (£0 1/5-) equivalent to seven cents and one mil of the Maltese lira (Lm0.07c1) equivalent to seventeen euro cents (€0.17);

That the applicants wish to avail themselves of the faculty accorded to them by law in terms of Article 1501 of Cap. XVI of the Laws of Malta and redeem this ground rent in its entirety which capitalised at the rate of five per cent (5%) amounts to three euro and forty cents (€3.40c).

Wherefore, the applicants in order to absolve themselves of all liability are acting before this Honourable Court and under its authority deposit the sum of three Euros and forty cents (€3.40) being redemption of ground rent due as explained, which sum may be freely withdrawn by the respondent(s) upon the relative receipt according to law.

Adv. Joshua Grech, 94, Triq San Girgor, Ta' Kerċem, Gozo

Notification: Director of the Public Registry, Triq ta' Wara s-Sur, Victoria, Gozo

You are therefore ordered to affix an official copy of this banner at the entrance of this Court and hereby summon any person who wishes to enter as curator to appear within six (6) days in this Register and make a note of the statement that he undertakes to do so.

You are also ordered to inform everyone that if he does not make this declaration within the time allowed, this Court will proceed to select a curator of office. And after you have done so, or if you encounter any obstruction in the execution of this ban, you must inform this Court.

Granted by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, above mentioned with the testimony of Magistrate Dr Simone Grech, Magistrate of the aforesaid Court.

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 24th February, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for any purpose and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure.

Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Schedule number 50/2022

Lorina Lee Muscat, employee, (born Gauci), wife Brian Muscat, daughter of Carmel Cauchi and the late Mary Rose Gauci née Azzopardi, born in New York, United States of America, on the 22nd of October one thousand nine hundred and eighty seven (1987) and residing at 'Caro', Triq il-Ġnien, Għajnsielem, Gozo, holder of identity card number 149395M

vs

by decree of … omissis … nominated deputy curator to represent unknown persons entitled to receive the herein mentioned ground rent,

Schedule of deposit and concurrent redemption of ground rent of Lorina Lee Muscat née Gauci of 'Caro', Triq il-Ġnien, Għajnsielem, Gozo, holder of identity card number 149395M,

Respectfully states:

That the applicant Lorina Lee Muscat is the owner of the unnumbered premises denominated 'Caro' in Triq il-Ġnien, Għajnsielem, Gozo, bounded on the north with Triq il-Ġnien, southwest in part with Triq il-Baħar, and partly with property of Mark Agius or his successors in title, and west with property of Mark Agius or his successors in title, or more correct boundaries, subject to the annual and perpetual ground rent of ten cents and eight mils of the Maltese lira (Lm0.10c8), equivalent to twenty-five euro cents (€0.25). This property is better indicated in red on the plan and site plan attached hereto and marked Doc. A;

That the applicant wishes to redeem this ground rent in its entirety and is therefore filing this application, and she does not know to whom this ground rent is payable;

That this property was acquired by the applicant from her father Carmel Gauci by means of a deed of donation in the records of Notary Dr Paul George Pisani dated the sixth (6th) of September of the year two thousand and twenty-one (2021). A copy of the same contract is attached hereto and marked as Doc. B;

That the amount of ground rent as explained above is ten cents and eight mils of the Maltese lira (Lm0.10c8), equivalent to twenty-five cents euro cents (€0.25);

That the applicant wishes to avail herself of the faculty afforded to her by law in terms of Article 1501 of Cap. XVI of the Laws of Malta and redeem this ground rent in its entirety which capitalised at the rate of five per cent (5%) amounts to two Maltese liri and sixteen cents (Lm2.16) equivalent to five euro and three euro cents (€5.03);

Therefore, the applicant is humbly asking this Honourable Court and under the authority of the same is depositing the abovesaid sum of five euro and three cents of the euro (€5.03) being the redemption price of this the annual and perpetual lease to be freely given to the respondent(s) after the release of the relative receipt according to law.

Adv. Jonathan Mintoff, Cor 951, Level 2, Office 6b, Pjazza President J. F. Kennedy, Victoria VCT 2582, Gozo, Malta

Applicant: 'Caro', Triq il-Ġnien, Għajnsielem, Gozo

Notification:   1) Director of the Public Registry (Gozo), Triq ta' Wara s-Sur, Victoria, Gozo (2 copies)

2) Deputy Curator, the Courts, Gozo

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 Court of Magistrates (Gozo), Superior Jurisdiction, General Section, above mentioned, with the witness of the Hon. Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law).

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)