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Court Notices published in Govt. Gazette No. 20,850 of 3rd May 2022

Date Icon 03/05/2022

Notice 716

716

By means of a decree of the 18th February, 2022, of the Rent Regulation Board, in the records of the Application in the names Michael Angelo Briffa et vs Anthony Zerafa et, Application number 919/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Anthony Zerafa, Carmel Zerafa u Raymond Zerafa 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 Michael Angelo Briffa (ID 523747M), Joseph Briffa (ID 304451M), Maria Concetta wife of Robert Doneo (ID 265352M) u Tarcisio Briffa (ID 763353M) vs Anthony Zerafa (ID 127672M), Carmel Zerafa (ID 637345M), Raymond Zerafa (ID 688857M) and the Housing Authority filed in the Rent Regulation Board, on the 18th November, 2021, the applicants Michael Angelo Briffa (ID 523747M) requested this Honourable Board why it should not:

1. Declare and decide that the respondents Anthony Zerafa (ID 127672M), Carmel Zerafa (ID 637345M) and Raymond Zerafa (ID 688857M) are the lessees of the premises 83, Triq il-Kunċizzjoni, Żurrieq, and qualify as the lessees of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

2. Order that the means test of Anthony Zerafa (ID 127672M), Carmel Zerafa (ID 637345M) and Raymond Zerafa (ID 688857M) be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessees between 1st January and 31st December, 2020, and on the capital of the lessees on the 31st December, 2020;

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 83, Triq il-Kunċizzjoni, Żurrieq, and to establish new conditions regarding the lease;

4. Order that if the respondents Anthony Zerafa (ID 127672M), Carmel Zerafa (ID 637345M) and Raymond Zerafa (ID 688857M) do not satisfy the criteria of the income of the means test, the eviction of the same respondents from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

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

Applicant: 42, Triq San Martin, Żurrieq

Respondents: 83, Triq il-Kunċizzjoni, Żurrieq

Housing Authority

The application in the names Michael Angelo Briffa et vs Anthony Zerafa et, Application number 919/2021LC, has been postponed for hearing to the 6th May, 2022, at 10.45 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

28 April 2022

Notice 717

717

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Alexander Borg et vs Spiridione Vella et, Application number 787/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Spiridione Vella 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 Alexander Borg (ID 224737M) and Carmen Borg (ID 523939M) vs Spiridione Vella (ID 564963M) and Housing Authority filed in the Rent Regulation Board, on the 28th October, 2021, the applicants Alexander Borg (ID 224737M) and Carmen Borg (ID 523939M) requested this Honourable Board why it should not:

1. Order the payment of an increase in the amount of rent payable by the respondent to the tenement with official number 45, Triq Sir Charles Cameron, Gżira, during the pending of this application and this in terms of Article 4A(6) of Cap. 69;

2. Order the means test based on the income and capital of the respondent and this in terms of Article 4A of Cap. 69;

3. In the event that the respondent does not satisfy the criteria of the means test, order the respondent to vacate the premises with official number 45 in Triq Sir Charles Cameron, Gżira, within two years from the date of the application or any other date and fix the revision of rent payable by the respondent and this according to Article 4A(4) of Cap. 69;

4. In case the respondent satisfies the criteria of the means test, order the revision of the rent and fix those new conditions according to Article 4A(2) and this by appointing technical members, which rent as so increased shall be further increased according to the provisions of Article 4A(7).

Subject to any other directions that this Honourable Board may give.

With costs and legal interest. Subject to and without prejudice to all the rights due to the applicant, including those of a constitutional nature as well as subject to all their rights against the respondent including any breach of the conditions of the lease.

Applicant: Alexander and Carmen spouses Borg, 41, Triq Sir Charles Cameron, Gżira

Respondent: Spiridione Vella, 45, Triq Sir Charles Cameron, Gżira

Housing Authority

The application in the names Alexander Borg et vs Spiridione Vella et, Application number 787/2021NB, has been postponed for hearing to the 9th May, 2022, at 9.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 718

718

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 24th February, 2022, following a request of Zarko Tramosljanin it was ordered that deputy curators be chosen to represent the minor …  omissis …, in the records of the Sworn Application 41/2022 AL, in the names Zarko Tramosljanin vs Deputy Curators and in the other relative and subsequent acts.

By means of an application, filed, in the Civil Court (Family Section), in the names Zarko Tramosljanin (ID 0174210A) vs Raluca Ciobanu (ID 0083563A); Director Public Registry and deputy curators to represent the minor …  omissis …, on the 16th February 2022, the applicant Zarko Tramosljanin requested this Honourable Court to:

1. Exercise the authority granted to it in terms of article 70A(2) of Cap. 16 of the Laws of Malta, thus substitutes the mother's consent, that is that of Raluca Ciobanu, which consent was not given, and order the necessary scientific tests to be carried out and if the case may appoint a medical expert to verify the paternity of the minor …  omissis … and this to verify if the applicant is truly the father of the minor …  omissis …;

2. If by virtue of the aforementioned scientific tests it transpires that the applicant is factually the father of minor …  omissis … it should declare and confirm that minor …  omissis … is the natural offspring of Zarko Tramosljanin;

3. Order defendant Director of Public Registrar so as to register any necessary Act or modify or carry out such changes required to any document or act pertaining to the minor …  omissis … so that the minor shall bear the applicants surname that is Tramosljanin and such should also be executed in any related and successive act.

With costs, due to the non-compliance for the several intimations executed by the applicant and the defendant who is from now summoned with reference to her oath.

Applicant: Four Seasons, Court Flat 103, Triq Massabielle, San Ġwann (Malta)

notification: Raluca Ciobbanu, Wilġa, Flat 4, Triq il-Ġwiebi, St Paul's Bay, Qawra (Malta)

Director of Public Registry, Onda Building, Triq Aldo Moro, Marsa

 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 (Family Section), above mentioned, with the witness of the Hon. Mr Justice Francesco Depasquale, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 719

719

By order of the Civil Court, First Chamber, Constitutional Jurisdiction, on 4th April, 2022, in the acts of Constitutional Application number119/2022TA, filed on 25th February, 2022, in the names Gafà Anna vs Awtorità tad-Djar et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Condemn the respondents or any of them to pay the same compensation and damages thus liquidated in terms of the law, with legal interest until the date of effective payment. With costs, to be borne by the defendant, who is being summoned so that a reference to his evidence be made.

The Constitutional Application in the above names is adjourned for hearing on 9th May, 2022, at 9.30 a.m.

Notice to Respondent: Fenech Mario, 64, Triq San Girgor, Żejtun

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

28 April 2022

Notice 720

720

By order given by the Civil Court, First Chamber, on 8th February, 2022, in the acts of the Sworn Application number 1018/2021JVC, filed on 18th October, 2021, in the names Spiteri Debono Annamaria pro et noe vs Bugeja Emanuel, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: In the absence of compliance by the defendant, authorises the applicant to, at the expense of the same defendant, remove the said chain and padlock and carry out any necessary reintegration and restoration work, occurring under supervision. of a nominated architect. With costs to be borne by the defendant, who is being summoned so that a reference to his evidence be made.

The Sworn Application in the above names is adjourned for hearing on 5th May, 2022, at 10.00 a.m.

Service Respondent: Bugeja Emanuel, 5, St Mary House, Triq Ramiro Calì, Mġarr, Malta

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

28 April 2022

Notice 721

721

By a decree of the Small Claims Tribunal of the 7th July, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Miriam Vella (ID 0012463M) carrying on trade as Leo Ironmongery of 38, Triq Toni Zahra, Żejtun, filed a Claim on the 16th June, 2021, whereby she asked the Tribunal to condemn Alexei Gafà (ID 34480M) of Block D, Flat 6, Triq il-Kavallieri ta' Malta, Marsaskala, to pay the plaintiff the sum of €509.03, which amount is due to the plaintiff.

With costs and legal interests

The case (Claim number 174/2021KCX) is deferred on the 18th May, 2022, at 12.45 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

29 April 2022

Notice 722

722

By a decree of the Small Claims Tribunal of the 27th September, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Charlie Psaila (KI 398162M) ta' 16, Hacienda, Triq il-Militar, Ħal Kirkop KKP 1311, filed a Claim on the 22nd September, 2021 whereby he asked the Tribunal to condemn Anthony Psaila (ID 346949M) and Doris Psaila (ID 74150M) of 29, Shambala, Triq is-Sikka, Marsaskala, to pay the plaintiff the sum of €1,200 or any other amount, which amount is due to the plaintiff.

With costs and legal interests

The case (Claim number 269/2021LC) is deferred on the 11th May, 2022, at 1.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 723

723

By a decree of the Small Claims Tribunal of the 8th February, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12) on the company RX Construction Limited.

Caroline Grech (ID 0653648M) carrying on trade under the name Tal-Milord of Tal-Milord, Triq San Leonardu, Xgħajra, Ħaż-Żabbar, filed a Claim on the 2nd February, 2022, whereby she asked the Tribunal to condemn RX Construction Limited (C85359) of 53 Solitaire, Triq ix-Xitwa, Ħal Qormi, to pay the plaintiff the sum of €4,159.37, which amount is due to the plaintiff.

With costs and interests

The case (Claim number 39/2022SFJ) is deferred for hearing on the 13th May, 2022, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 724

724

By means of a decree of the 23rd February, 2022, in the records of the judicial letter number 5051/2021, in the names Mark Sciberras vs Massimo Trapani, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Massimo Trapani in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Massimo Trapani (ID 103760A) of Flat 8, Santa Margherita Court 6, Triq l-Immakulata, ta' Monita, Marsaskala

By means of this present, Mark Sciberras (ID 465185M) of 43, San Antonio, Triq id-Dolmen, Marsaskala makes reference to the lease of the premises 176, Corto Maltese, in Triq is-Salini, Marsaskala, and for the responsive judicial letter with number 4672/2021.

That as you have already been informed by means of judicial letter 4535/2021 you did not honour your contractual obligations resulting from the lease agreement of the premises above mentioned so that the lease will be terminated in terms of the same agreement;

That by means of a writing dated 6th May, 2021, an agreement was reached so that the lease will be suspended from the 20th April, 2020, as a development had to be done in the premises in question, and the lease will start again after a month that the premises will be returned to you, as soon as the works will be ready, and by not later than seven months;

Your failure to comply with your contractual obligations resulting from the lease, including, but not limitedly to, your obligation to pay the water and electricity bills such that the same services can be transferred according to the development proposed, and also to the fact that when you wanted in an abusive and illegal way you blocked the access of the premises in question resulted in the consequence that the works could not be continued and the premises could not be returned;

That as you well know, this abusive and illegal situation still persists till this day, with the possession of the premises still in your possession without any right to it. Among other things, this act amounts to the arbitrary exercise of pretended rights in violation of the Criminal Code;

That, moreover, you are even claiming damages against the interpellant for the abusive and illegal actions taken as a result, which actions have led to the current situation where you have made it impossible to return the premises in question within the term set in the contract at great prejudice to the interpellant.

Therefore, within five days from the date of this letter, access is being requested for the premises 176, Corto Maltese in Triq is-Salini, Marsaskala, so that the interpellant has free access to the same premises.

The interpellant is also reserving his rights with regard to other pending disputes between you which be addressed by separate judicial proceedings.

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

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 725

725

By means of a decree of the 18th January, 2022, of the Civil Court (Family Section), in the records of the Sworn Application in the names Mihaela Milchova vs Ahmed Alaaeldin Ahmed Mabrouk, Application number 171/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Mihaela Milchova in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an urgent application in the acts of the Sworn Application number 171/2021AL in the names Mihaela Milchova (ID 0212240A) vs Ahmed Alaaeldin Ahmed Mabrouk (ID 0246934A), filed in the Civil Court (Family Section), on the 3rd December, 2021, the applicant Ahmed Alaaeldin Ahmed Mabrouk (ID 0246934A) requested this Honourable Court to:

1. Fix time for access of the applicant with his minor son so that he can start to build a relationship with his son and this in the best interest of the minor;

2. Fix an adequate amount of maintenance per month for the minor, which maintenance can be given directly to the mother by means of bank transfer in her own account;

3. Order the mother to give details of her bank account so that he can pay the maintenance;

4. Order the joint care and custody of the minor.

And this under those conditions that this Honourable Court deems fit and opportune.

Civil Court (Family Section), The Honourable Judge Abigail Lofaro, LLD, Dip.Stud. Rel. Mag. Jur. (Eur. Law)

Sworn Application number 171/2021AL

The Court,

Having seen the application dated 3rd December, 2021,

Orders service on the other party, who is to file a reply within five (5) working days.

The Sworn Application (Application number 171/2021AL) is deferred for hearing on the 17th May, 2022, at 9.15 a.m.

Notification: Mihaela Milchova, 97, Triq St Helen's, Tas-Sliema

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 726

726

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Grace Schembri vs Angelo Baldacchino noe, Application number 785/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Angelo Baldacchino as President of the Our Lady of Pompei Musical Society of Marsaxlokk 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 Grace Schembri (ID 280740M) vs Angelo Baldacchino (ID 432152M) as President of Our Lady of Pompei Musical Society of Marsaxlokk filed before the Rent Regulation Board, on the 27th October, 2021, the applicant Grace Schembri requested this Honourable Board:

That by means of a contract dated 19th January, 1993, in the records of Notary Dr Tonio Spiteri, Joseph Schembri, husband of the applicant granted under a title of lease to the respondent the musical society, duly represented by Anthony Carabott and Consiglio D'Amato the premises with address 134, Banda Pompei, Triq il-Kajjik, Marsaxlokk, under various conditions (see contract Doc. A);

That among the conditions of lease, article 9 specifies that:

“The aforesaid premises are being leased expressly for the use of the band club or other ancillary premises for the same club and therefore the tenant is expressly prohibited from changing its gender and therefore in case of default the owner or his successor in title has the right to request the immediate termination of such lease and to regain possession of the premises".

However, as a matter of fact, the premises are not used by the music society even before the spread of Covid-19 pandemic in these Islands. These circumstances constitute a non-use of the premises by the respondent musical society.

That the applicant solicited the respondent's musical society to vacate the premises and return the keys of the same but it remained in default and consequently the applicant had no choice but to proceed with this case.

Thus, the applicant humbly requests this Honourable Board, prior to any other necessary and timely statements, to authorise the applicant to take back the possession of the above mentioned premises within a short and peremptory time that this Honourable Board fix.

With costs including those of the judicial letter number 4376/2021.

Applicant: Block 9, Flat 6, Waterknot Court, Triq Santa Katerina, Marasaxlokk

Respondent: Għaqda Muzikali Madonna ta' Pompei Marsaxlokk A.D. 1990, 134, Triq il-Kajjik, Marsaxlokk

The application in the names Grace Schembri vs Angelo Baldacchino noe, Application number 785/2021NB, has been postponed for hearing to the 13th May, 2022, at 9.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 727

727

By a decree given on the 21st April, 2022, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 30th June, 2021, by Bank of Malta plc (C2833) application number 32/21 in the names Bank of Valletta plc (C2833) vs Owen Sciberras et being asked that the Court orders the sale by auction of the:

The maisonette superficially measures (including balconies) approximately one hundred and seventy five square meters (175m²) internally marked number twenty four (24) built in semi-basement floor level, underlying maisonette and block of apartments and penthouses and overlying complex of garages at basement level, which block of apartments and penthouse situated in Triq San Injazju of Loyola, formerly known as Triq Ġdida in Triq il-Giżwiti, Naxxar, externally without an official number but known as 'Autumn Leaf Court B', which maisonette is underlying and overlying other property of society Camland Limited or their successors in title, subject to annual and perpetual and no revisable ground rent of ninety euro (€90.00) payable yearly in advance, otherwise free and unencumbered. The maisonnette bounded on the northwest by road, southeast and north by other property of society Camland Limited or their successors in title or more accurate boundaries. The said maisonette was acquired by Owen Sciberras and Oxana Sciberras Stupnikova as per contract dated twenty eighty of October of the year two thousand and nine (28/10/2009) in the acts of Notary Reuben Debono.

The said tenement is the property of Owen Sciberras ID161275 and Oxana Sciberras Stupnikova ID 40147A.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

21 April 2022

Notice 728

728

By a decree given on the 15th March, 2022, 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(5) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 15th July, 2020, by Bank of Malta plc (C2833) application number 17/20 in the names Bank of Valletta plc (C2833) vs Geomike Limited (C8820) being asked that the Court orders the sale by auction of the:

The four adjoining garages unnamed and unnumbered, converted into a restaurant named 'Cote d'Azur Restaurant' in Triq il-Buttar, corner with Triq Sant'Antnin, Marsaskala, built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming part of the land known as 'Il-Barumbara' sive 'Il-Magħluq', bounded on the north by Triq Sant'Antnin, east by unnamed new street and west by property of Barumbara Limited or her successors in title, or more accurate boundaries, with all its rights and appertunances, excluding airspace because the property is underlying third parties property. The said property had been acquired from Geomike Limited as per contract of the tenth of September of the year one thousand nine hundred and ninety-two (10/9/1992) in the records of Notary Joseph Tabone.

The said tenements are the property of Geomike Limited (C8820).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

21 April 2022

Notice 729

729

By a decree given on the 14th April, 2022, 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(5) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 12th January, 2022, by Bank of Malta plc application number 2/22 in the names Juliette Tango Holdings Ltd (C49462) vs Alpha Investments Limited (C44302) being asked that the Court orders the sale by auction of the:

The apartment ossia penthouse situated on the highest part of the building with its own airspace, known as apartment number nine (9) and forming part of the building block named 'Horizon Court', the said penthouse accessible from entrance known as Horizon Block 'B', overlying the said penthouse in part by property of Gary Micheal Simons and Rosina Maria Carmen Owens, in part by property of Theresa Mizzi and in part by property of Christian Scicluna or their successors in Triq iż-Żafran, Marsaskala;

The apartment ossia penthouse situated on the highest part of the building with its own airspace, known as apartment number ten (10) and forming part of the building block named 'Horizon Court', the said penthouse accessible from entrance known as Horizon Block 'B', overlying the said penthouse in part by property of Theresa Mizzi and in part by property of Christian Scicluna or their successors in title in Triq iż-Żafran, Marsaskala;

Garage known as garage number seven (7) at the level known as the upper basement level, in Triq iż-Żafran, Marsaskala;

Garage known as garage number eight (8) at the level known as the upper basement level, in Triq iż-Żafran, Marsaskala;

Garage known as garage number ten (10) at the level known as the upper basement level in Triq iż-Żafran, Marsaskala;

Garage known as garage number seven (12) at the level known as the upper basement level in Triq iż-Żafran, Marsaskala.

The immovabble property listed above forming part of a larger development consisting of garages, maisonettes, appartaments and penthouses unofficially numbered but the said complex of buildings known by the name of 'Horizon Court'.

The said tenements are property of Alpha Investments Limited (C44302).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

21 April 2022

Notice 730

730

It is hereby notified that by a decree dated the 28th of April, 2022, the Court of Magistrates (Gozo), Voluntary Jurisdiction, ordered the publication of the banns reproduced hereunder for the purposes of section 533(1) of Cap. 12 of the Laws of Malta.

Whereas by virtue of a decree delivered on the 28th of April, 2022, in the records of Application number 36/2022 (BS) by Baskal Attard et, Thursday, 19th of May, 2022, at 9.00 a.m. in Hall 'B' of this Court, has been scheduled for the publication of the secret will of Maria Anna Attard, wife of Fortunato Attard, daughter of Michele Vella and Maria Vella née Vella, born in Ħaż-Żebbuġ, Malta, and who died in Ħaż-Żebbuġ, Malta, on the 31st of January, 2021. This said publication is to be effected by Notary Dr Kristen Dimech.

Daniel Sacco

f/Registrar of Courts and Tribunals (Gozo)

Notice 731

731

It is hereby notified that by a decree given on 27th January, 2022, issued by the Court of Magistrates (Gozo), Inferior Jurisdiction, in the acts of the application number 7/2021 BS in the names 'Cassar Christopher-John vs Attard Anthony' filed in the Registry of the said Court on the 29th of July, 2021, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Anthony Attard of Manresa Mans, Blk 2, Flat 1, Triq Santa Dminka, Victoria, Gozo, and this in terms of article 187 (3) of Cap. 12 of the Laws of Malta.

Application number 7/2021 BS

To: Anthony Attard (identity card number 697M) of Manresa Mans, Blk 2, Fl 1, Triq Santa Dminka, Victoria, Gozo

By this present you are being request to appear before the above mentioned Court Wednesday 22nd of June 2022 at nine o'clock in the morning (9.00 a.m.) to reply to the application of,

Christopher-John Cassar (identity card number 357067M) of 101, Triq it-Terz, Swieqi, Malta

and state why you should not be condemned to pay the amount of eleven thousand six hundred and seventy four euro and sixty two cents (€11,674.62) representing the sum of ten thousand one hundred and twenty two euro and fifty cents (€10,122.50) balance due for goods duly consigned to you defendant in your capacity as manager of the business named 'Antonin Gift Shop' in Independence Square, Victoria, Gozo (Statement attached as Document A), whereas the remaining one thousand five hundred and fifty two euro and twelve cents (€1,552.12) are interests with the rate of eight per cent (8%) from the 7th August, 2019 till the 7th July, 2021, and this as will result during the hearing of the case. Save ulterior interests following this date.

With costs of the present procedure including those of the Judicial Letter in terms of Article 166A of Cap. 12 of the Laws of Malta with number 50/2020, those of the garnishee order that is being presented contestually and with commercial interest until the date of effective payment. With reference to oath to which you are presently being called.

If you fail to appear on the date and hour above indicated, the Court decided according to law.

The hearing is adjourned for Wednesday, 22nd of June, 2022, at 9.00 a.m. at the Gozo Court building.

Silvio Xerri

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

29 April 2022

Notice 732

732

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th March, 2022, Application number 482/2022, by Maria Ismeria Cassar et whereby they requested that it be declared open in favour of Victoria Attard, Rita Farrugia, Carmen Cauchi, Esther Formosa, Joseph Cutajar, Censina Vella and Maria Ismeria Cassar brothers and sisters of the decujsu in the quota of one eighth (1/8) undivided share each one of them and in favour of Joseph Cutajar, Kenneth Cutajar and Mario Cutajar children of the late Carmel Cutajar the latter brother of the decujus in the quota of one eighth undivided share between them the succession of Mark Cutajar, divorced from Mireille Braaksma, son of Carmel Cutajar and Mary Cutajar née Abela, born in Mellieħa, Malta, resided in Mellieħa, and died in Mellieħa, Malta, on the 28th January, 2021, aged 54, and who held identity card number 79866M.

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

29 April 2022

Notice 733

733

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th March, 2022, Application number 468/2022, by Salvina Borg née Ballucci whereby she requested that it be declared open in favour of Salvina Borg née Ballucci, 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 Maria Theresa sive Marthese Clifton née Borg and Patrick Borg Ballucci children of the decujus in equal shares between them the succession of Carmelo Borg, husband of Salvina Borg née Ballucci, son of the late Vincent Borg and Giuseppa née Zahra, born in Ħal Qormi, Malta, resided in Ħamrun, Malta, and died in Msida, Malta, on the 4th March, 2021, aged 80, and who held identity card number 488240M.

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

29 April 2022

Notice 734

734

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 4th April, 2022, following a request of Mario Spiteri et it was ordered that deputy curators be chosen to represent the unknown heirs of Paul Spiteri, in the records of the Sworn Application 220/2022 AJD, in the names Mario Spiteri et vs Deputy Curators and in the other relative and subsequent acts.

By means of a sworn application, filed, in the Civil Court First Hall, in the names Mario Spiteri (KI 142142M), son of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 1st March, 1942; Mary Carmelina Muscat (ID 637550M) daughter of Innocenzo Spieri and Gaetana née Frendo, born in Rabat on the 2nd August, 1950; John Baptist Spiteri (ID 218246M) son of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 2nd March, 1946; Rita Muscat (ID 621053M) daughter of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 21st August, 1953; Elizabeth Attard (ID 85055M) daughter of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 20th January, 1955; George Spiteri (ID 362552M) son of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 2nd May, 1952; and Josephine Spiteri (ID 28159M) daughter of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat on the 17th December, 1958, in her own name and on behalf of her brother Daniel Spiteri (Australian Driving License 022177164) son of Innocenzo Spiteri and Gaetana née Frendo born in Rabat on the 27th June, 1949 – as duly authorised vs deputy curators to represent the unknown heirs of Paul Spiteri son of Innocenzo Spiteri and Gaetana née Frendo, born in Rabat, on the 14th March, 2022, the applicant Mario Spiteri et requested this Honourable Court to:

1.  Authorise the sale of the entire house with official number 63, in Triq Sant'Aristarku, Rabat, Malta, as stated in this application and in the said agreement dated 15th May, 2019, signed between the applicant and the buyer Warren Falzon in accordance with Article 495(A) of Cap. 16 of the Laws of Malta;

2. Establish time, day and place when and where the said transfer is to be made;

3. Order the appointed deputy curators to appear and represent the unknown owners of the said premises on the deed of transfer at the time, day and place so determined by this Honourable Court, and on any other deed in connection with the same transfer;

4. Nominate Notary Dorian Sciberras to publish the deed of transfer;

5. Order and authorise the applicant to deposit the sum representing the undivided share in the property of the unknown respondent(s) under the authority of the Honourable Court and this after, from the undivided share of the same unknown respondent (s) the tax due is paid and also the relative costs relating to the fees and expenses of the appointed deputy curators;

6. Without prejudice to the aforementioned claim, give an appropriate direction to Notary Dorian Sciberras in respect of the share of the sale of the premises for sale belonging to the respondent/s.

Subject to such other provisions as this Honourable Court may deem fit and proper.

With costs

Applicant:

Mario Spiteri, 4, St Thomas, Flat 3, Triq San Tumas, Rabat

Mary Carmelina Muscat, 25 Perla, Triq Ħal Tarxien, Rabat

Josephine Spiteri, 2, Triq Sir Philip Pullicino, Mtarfa

John Baptist Spiteri, 1, Block B, Triq Sir Leslie Rundle, Mtarfa

Rita Muscat, Anville Apartments, Flat 1, Triq it-Torri, Rabat

Elizabeth Attrard, 19, Perlews, Triq ir-Rabat, Ħad-Dingli

George Spiteri, Farmhouse tal-Pirru, Buskett, limits of Rabat

Notification: 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 Robert G. Mangion, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 735

735

By means of a decree of the 1st April, 2022, of the Civil Court First Hall in the records of judicial letter number 4918/2021, in the names, Commissioner for Revenue vs Raymond Attard pro et noe, the following publication for the purpose of service on the respondents pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: 1) Raymond Attard (ID 778952M) in your own name and also as director for and on behalf of the company Vindorale Ltd (C75796)

2) Jeanne Borg (ID 226659M) in your own name and also as director for and on behalf of the company Vindorale Ltd (C75796)                                                            

By the present, the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the following amounts:

1. As for Raymond Attard (ID 778952M) in your own name and as director for and on behalf of the company Vindorale Ltd (C75796), the payment in the amount of €189,124.20;

2. As for Jeanne Borg (ID 226659M) in your own name and as director for and on behalf of the company Vindorale Ltd (C75796), the payment in the amount of €80,511.24

Representing the respective amounts due by you according to the same Act.

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

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

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

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

Notification: 1) Raymond Attard, Hanini, Triq Enrico Naudi, Iklin

2) Jeanne Borg, Fl 5A Forth Mansions, Ta' Xbiex Seafront, Ta' Xbiex

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 736

736

By means of a decree of the 1st March, 2022, in the records of the judicial letter number 95/2021, in the names United Acceptances Finance Ltd vs Abraham Bezzina et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Abraham Bezzina (ID 248260M) 26, St Rita, Triq il-Kbira, Mosta, and Roma Car Hire Co. Ltd (C17637) of Triq Ramon Perellos, St Paul's Bay, on the 14th January, 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to forty nine (49) bills of exchange from the account number 0306280758 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked numbers 12 to 60.

The interpellant calls upon so that within two days you pay the sum of €11,071.55 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.

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

You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.

This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 737

737

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 1565/2021 in the names J Zammit Limited vs Construction Engineering Limited the following publication was ordered for the purpose of effecting service on the respondent company Construction Engineering Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Construction Engineering Limited (C80638) of Spinola Crt, Blk C, Apt 69, Fuq il-Ġonna, Swieqi; and Central Business Centre, Floor 2, Suite1, Room 1, Triq l-Imdina, Ħaż-Żebbuġ, Malta

By the present J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €2,490.24 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 6 expired bills of exchange each of value €415.04, which bills of exchange were due on the 2nd day of each month from December 2020 till May 2021 respectively (copies here attached and marked as Doc. A1-Doc. A6).

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

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 738

738

By decree given by the Civil Court, First Hall, on the 21st January, 2022, on the application of Bank of Valletta plc (C2833), Thursday, 16th June, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following properties:

The temporary utile dominium for the remaining period of the original concession made for one hundred and fifty (150) years which commenced on the seventeenth October, one thousand, nine hundred and sixty five (17.10.1965) and revisable every one hundred years from that date, of the tenement semi basement garage numbered one (1) which forms part of a block of garages and apartments named Mediterranean, in Triq Aħdar, Marsaskala, with its entrance by means of a direct ramp to the tenement into the main road, Triq Aħdar, Marsaskala, and for a better identification is the first one on the left side when one looks towards the block of garages that it is part of, underlying the same building block and is bounded southeast by the said street, northeast and northwest with property of Joseph and Isadora Chetcuti and Norman and Josephine Clews or their successors in title, and subject to annual and temporary ground rent canonae (and rivisable every one hundred years from the date indicated) of eight euro and sixteen cent (€8.16) its rate of annual and temporary canonae which covers the whole area and to those servitudes inherited from its position, used by third parties, and is valued at forty five thousand euro (€45,000).

The said tenement is the property of Theuma Noel (ID 118476M) and Desira Loren (ID 237878M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 35/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 739

739

By means of a decree of the 26th April, 2022, of the Civil Court (Family Section), in the records of the Application in the names Joanne Jensen vs Daniel Soto Gurpide,  Application Number 289/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Daniel Soto Gurpide in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an urgent application for the justification of contumacy in terms of Art 158(10) et sequitur of Cap. 12 in the names Joanne Jensen (Eng Pass 538711829) vs Daniel Soto Gurpide (Maltese Diplomatic ID 02577), filed in the Civil Court (Family Section), on the 11th February, 2022, the applicant Daniel Soto Gurpide requested this Honourable Court to:

1. Stay and suspend any decision on any application that the plaintiff may file, or may have filed, between the declaration of applicant's contumacy and the decision of this application and this until such time as this application has been decided definitively by this Honourable Court and subsequently, and this due in particular to the adverse and prejudicial effects of contumacy itself and subsequently

2. Declare that the applicant meets the requirements to clear his contumacy in that he did not willfully ignore the order of the Court to submit a timely reply to the claims raised by the plaintiff, that he had a just cause giving rise to a legitimate impediment independent of his will and as a consequence of which he filed his reply within the twenty (20) day limit from the moment he was given the acts; and consequently

3. Allow the defendant to submit his reply, together with a counter-claim at his option, within the time limit established by law.

Notification: Joanna Jensen, Bridge View, Apt 4, Triq Dun Franġisk Sciberras, Mellieħa

The application in the names Joanne Jensen vs Daniel Soto Gurpide, Application number 289/2021AL, has been postponed for hearing to the 4th May, 2022, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

02 Mejju 2022

Notice 740

740

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 9th December, 2021, following a request of Francis Micallef it was ordered that deputy curators be chosen to represent the absent Olga Mikhalyovna Matveeva, in the records of the Sworn Application 288/2021 JPG, in the names Francis Micallef vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court (Family Section), in the names Francis Micallef vs Olga Mikhalyovna Matveeva, on the 2nd December, 2021, the applicant Francis Micallef (ID 0204557M) requested this Honourable Court to:

1. Decide and declare that the marriage celebrated between the parties on the 20th November, 2009, is null and without any effect at law in terms of Article 19(1)(ċ) and 19(1)(f) of Cap. 255 of the Laws of Malta;

2. Authorise the applicant to register the said judgement with the Public Registry of Malta.

With costs against the applicant who is from now summoned so that a reference to her oath be made.

The Sworn Appilication number 288/2021JPG in the names Francis Micallef vs Olga Mikhalyovna Matveeva is postponed for hearing for the 9th May, 2022, at 10.30 a.m.

Applicant: Daffodil Crt, Block C, Flat 1, Triq San Ġorġ, Santa Venera

 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 (Family Section), above mentioned,with the witness of the Hon. Mr Justice Christian Falzon Scerri LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

02 Mejju 2022

Notice 741

741

ARB/C044/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th April, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 196/2021, in the case:

The Republic of Malta

Versus

CARLOS DIMECH, accountant, 28 years, son of the late Joseph and Filippa née Francica, born in Tal-Pietà, Malta, on the 28th May, 1993, residing at Oakley Court, Flat 4, Triq Oscar Zammit, Msida, and holder of Maltese identity card bearing number 238393M.

KEITH TESTA;

AND

PIETÀ MARINA CATERERS LIMITED;

The Court AUTHORISED the accused CARLOS DIMECH to pay motor insurance policy with reference number P21405991 in the amount of two hundred and thirty-eight euro and ten cents (€238.10), as well as anything due by the accused in relation to CVA and license fees in the amount of one hundred and sixty-seven euro and seventy-six cents (€167.76); these payments amount to the global sum of four hundred and five euro and eighty-six cents (€405.86). That this payment must be carried out from the salary of the accused which is deposited into a bank account listed in his name and ending in -3404 which is held at the Bank of Valletta plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 23rd June, 2021, which was published in the Government Gazette on the 28th June, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to CARLOS DIMECH, Keith Testa and Pietà Marina Caterers Limited.

Director, Asset Recovery Bureau

02 Mejju 2022

Notice 742

742

ARB/C044/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th April, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras LLD). Compilation Number 196/2021, in the case:

The Republic of Malta

Versus

CARLOS DIMECH;

KEITH TESTA, manager and director, 30 years, son of Vincent and Carmen née Azzopardi, born in Tal-Pietà, Malta, on the 19th August, 1991, residing at 7, Helen, Triq it-Torri Wejter, Birkirkara, and holder of Maltese identity card bearing number 416691M.

AND

PIETÀ MARINA CATERERS LIMITED;

The Court AUTHORISED the accused KEITH TESTA to pay pending amounts due by him from the date of the seizing and freezing order issued on him till the date of the Court decree dated 3rd March, 2022, with respect to loan accounts listed on the accused KEITH TESTA and ending in -5454 and -5470 respectively which are held at the Bank of Valletta plc. The payment must be carried out from the salary of the accused which is deposited into a bank account listed in his name and ending in -4517 which is held at the Bank of Valletta plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 23rd June, 2021, which was published in the Government Gazette on the 28th June, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Carlos Dimech, KEITH TESTA and Pietà Marina Caterers Limited.

Director, Asset Recovery Bureau

02 Mejju 2022

Notice 743

743

By a decree of the Court of Magistrates (Malta) of the 30th March, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Emma Cilia (ID 40199M) of 9, Triq Ġużè D'Amato, Paola, filed a claim on the 16th April, 2021, whereby the plaintiff asked the Court to condemn Dejan Vidolich (ID 273796M) of 112, Flat 2, Triq il-Lunzjata, Santa Venera, to pay the plaintiff the sum of €12,300, which amount is due to the plaintiff.

With costs and legal interest

The case (Application number 97/2021MLF) is deferred to the 11th May, 2022, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 744

744

By a decree of the First Hall of the Civil Court of the 28th March, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a counter warrant number 222/2022 filed in the First Hall of the Civil Court on the 15th February, 2022, after the Garnishee Warrant number 64/2008 issued on the 25th April, 2008, in the names John Mary Camnilleri (ID 277548M) vs George Camenzuli (ID 691757M) wherein George Camenzuli pleaded:

That this Honorable Court orders the issue of the opportune counter-warrant on the grounds herein mentioned.

Reason: Because of payment, vide Doc. A attached.

Counter warrant

To the Marshal of the Courts

Whereas after the execution of the warrant referred to in the above application, there are grounds according to law for which the same warrant should not remain in force.

Given by the First Hall of the Civil Court and witnessed by Honourable Mr Justice Neville Camilleri, Doctor of Laws of the said Court.

In the First of Hall of Civil Court

Judge: Honourable Neville Camilleri BA, MA (Fin. Serv.), LLD, Dip. Trib. Eccles. Melit.

In the acts of the counter warrant of the Garnishee Warrant number 222/2022 in the names:

John Mary Camilleri

vs

George Camenzuli

The Court,

Saw the application dated 15th February, 2022

Order the notification to the counterpart with six (6) days to submit a reply.

Notification: John Mary Camilleri, 50, Triq Għajn Żejtuna, Mellieħa

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 745

745

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 10th August, 2021, following a request by Joseph Mario Debrincat et  it was ordered that deputy curators be appointed to represent the curator of the future beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra; to represent the unknown heirs of Elisa wife of Anthony Aquilina; to represent the successors of the company Unicor Property & Investment Company Limited (D803(C755)) and to represent the unknown heirs of Spiridione Zammit and Antonia née Debono in the acts of the schedule of deposit number 1489/2021 in the names Joseph Mario Debrincat et vs Deputy Curators  and Catherine Zammit et and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent and subgroundrent filed in the First Hall of the Civil Court on the 6th August, 2021, in the names Joseph Mario Debrincat, retired, widower of Agnes Debrincat née Zammit, son of Michaelangelo and Nicolina née Zammit born in Xewkija, Gozo, on the 14th August, 1949, and  residing in Baħrija, limits of Rabat, Malta (ID 0060849G); Edward John Debrincat, general manager, married to Claudette Debrincat née Chircop, born in  Toronto Canada on the 15th May, 1972, and  residing in  Ħaż-Żebbuġ, Malta (ID 0231790M); Michael Emanuel Debrincat, chemist, married to  Grace Debrincat née Vella, born in Toronto Canada on the 5th September, 1979, and residing in Mosta (ID 0057694M), Doctor Josette Colette Debrincat, veterinary surgeon, married to Katya Mifsud, born in Toronto Canada on 20th April, 1986, and residing in  Ħal Lija (ID 0316195M) vs  Deputy Curators to represent the unknown onwer or owners of the curator of the future beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra; deputy curators to represent the unknown heirs of  Elisa wife of Anthony Aquilina, daughter of the Noble Count Raimondo Palermo Navarra and Countess Teresa Maria née Palermo, born in Catania, Sicilia and residing in Msida; deputy curators to represent the successors of the company Unicor Property & Investment Company Limited (D803)(C755); deputy curators to represent the unknown heirs of Spiridione Zammit and Antonia née Debono; Catherine Zammit, legally seperated from Joseph Buttigieg, daughter of the late Spiridione Zammit and Antonia née Debono, born in Marsa and residing in  Baħrija limits of Rabat, Malta (ID 428847M); William Zammit, employed, son of the late Spiridione Zammit and Antonia née Debono born in  Marsa and  residing in  Santa Venera (ID 1016449 M); Edward Zammit, salesman, son of the late Spiridione Zammit and Antonia née Debono, born in Marsa and  residing Birkirkara (ID 872152M); Mary Spiteri, wife of  Ronnie Spiteri, daughter of the late Spiridione Zammit and Antonia née Debono, born and residing in Marsa (ID 40553M); Charles Zammit salesman, son of the late Spiridione Zammit and Antonia née Debono, born in Pieta and residing Gudja (ID 629357M) Doris Grech, wife of George Grech, daughter of the late Spiridione Zammit and Antonia née Debono, born in Tal-Pietà and residing in Ħ'Attard (ID 169556M); Eileen Attard, wife of Paul Attard, daughter of the late  Spiridione Zammit and Antonia née Debono, born in Tal-Pietà and residing in  Rabat, Malta (ID 332460M), Gordon Zammit, in business son of the late  Victor Zammit and Carmen née Mizzi, born in Tal-Pietà and residing in Fgura (ID 91577M); and Carmen Zammit, widow of Victor, daughter of  French Mizzi and Rita née Portelli, born in  Paola and residing in  Fgura (ID 345844M), the applicants Joseph Mario Debrincat (ID 0060849M), Edward John Debrincat (ID 0231790M), Michael Emanuel Debrincat (ID 0057694M) and Doctor Josette Colette Debrincat (ID 0316195M)  respectfully submitted:

That Joseph Mario Debrincat and his wife Agnes Debrincat acquired by means of a public deed in the records of Notary Dr Joseph Spiteri dated 26th April, 1990:

“… two plots marked with number 18 and 19 respectively, the two plots form part of ix-Xagħra ta' San Martin in the limits of Baħrija in the limits of Rabat, Malta …"

“… the plot number 18 is of measurement 226.142m² … and plot number 19 is of measurement 226.142m² …" (contract attached and marked as Doc. A);

It is stated that ix-Xagħra ta' San Martin in the limits of Baħrija in the limits of Rabat, Malta for several years it was known as ix-Xagħra tal-Knisja;

On these two plots Joseph Mario Debrincat and his wife Agnes Debrincat built their residential home and that is the semi detached villa with the name Kanata that is found in Triq Patri Tumas Xerri in Baħrija, r-Rabat, Malta;

That on the 4th January, 2021, Agnes Debrincat died and by means of a will in the records of Notary Dr Mark Zammit dated 4th October 2004 she cancelled and revoked any other previous wills that she may have done whilst she bequeathed in favour of her husband Joseph Mario Debrincat the general usufruct of all her assets and left as her universal heirs her three children Edward John, Michael Emanuel and Josette Colette siblings Debrincat (will and causa mortis attached and marked as Doc. B and Doc. C respectively).

That according to the public deed of the acts of Notary Dr Carmelo Giuseppe Vella dated 12th May, 1962, the two plots on which the semi detached villa with the name Kanata is found in Triq Patri Tumas Xerri, in Baħrija, limits of Rabat, Malta are subject to the annual and perpetual groundrent of €14.42.  This groundrent has to be paid the the curator of the beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra and also the heirs of Elisa wife of Anthony Aquilina, daughter of the Nobel Count Raimondo Palermo Navarra and the Countess  Teresa Maria née Palermo, who was born in Catania, Sicilia, and resided in Msida.  That there is the need to nominate deputy curators to represent the curator of the beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra and also the heirs of Elisa wife of Anthony Aquilina daughter of the Nobel Count Raimondo Palermo Navarra and the Countess Teresa Maria née Palermo who was born in Catania, Sicilia, and resided in Msida.  Thus, together with this schedule of deposit an application for the nomination of deputy curators to represent the successors mentioned is being filed (attached and marked as Doc. D);

EN: That according to the two public deeds in the records of Notary Dr Felix Abela dated 3rd December, 1968, two plots on which there is built the semi detached villa with the name Kanata that is found in Triq Patri Tumas Xerri, Baħrija, in the limits of Rabat, Malta, are together subject to the annual and perpetual subgroundrent of Lm11.53,6 equivalent to €26.87, which  subgroundrent was imposed by the company Unicor Property & Investment Company Limited (D803) by means of two public deeds in the records of Notary Dr Felix Abela dated 3rd December, 1968.  The company Unicor Property & Investment Company Limited (D803) which was struck off on the 2nd November, 1979.  Thus together with this schedule of deposit an application for the nomination of deputy curators to represent the successors of the same company is being filed (attached and marked as Doc. E and Doc. F);

That the applicants wish to avail themselves from the option given to them in terms of article 1501 et sequitur of Chapter 16 of the Laws of Malta and redeem the said groundrent and subgroundrent capitalised according to law.

That the said groundrent of the two plots on which the semi detached villa with the name Kanata that is found in Triq Patri Tumas Xerri in Baħrija limits of Rabat, Malta is built, which groundrent is paid the the curator of the beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra and also the heirs of Elisa wife of Anthony Aquilina, daughter of the Noble Count Raimondo Palermo Navarra and the Countess Teresa Maria née Palermo, born in Catania, Sicilia, and resided in Msida and amount to the total of €14.42 each year capitalised according to law amounts to €288.40;

That the applicants in the same schedule of deposit are depositing also the amount of €72.10 representing the payment of the last five years groundent and the amount of €14.42 representing the payment of laudemium, also payable to the curator of the beneficiaries of the first child entitled to entail tfounded by Ugolino Cumbo Navarra and also the heris of Elisa wife of Anthony Aquilina, daughter of the Noble Count Raimondo Palermo Navara and the Countess Teresa Maria née Palermo, born in Catania, Siclia, and resided in Msida;

Thus the curator of the beneficiaries of the first child entitled to entail founded by Ugolino Cumbo Navarra and the heirs of Elisa wife of Anthony Aquilina, daughter of the Noble Count Raimondo Palermo Navarra and the Countess Teresa Maria née Palermo, born in Catania, Siclia, and resided in Msida, between them has to withdraw the amount of €374.92;

That the said subgroundrent of two plots on which the semi detached villa with the name Kanata that is found in Triq Patri Tumas Xerri in Baħrija, limits of Rabat, Malta payable to the successors of the company Unicor Property and Investment Co. Ltd that amount to the total amount of €26.87 each year capitalised according to law amounts to €537.40;

That the applicants in this same schedule of depost are depositing the amount of €134.35 representing the last five years subgroundrent and the amount of €26.87 representing the payment of laudemium, all payable to the successors of the company Unicor Property and Investment Co. Ltd;

Thus the successors of the company Unicor Property and Investment Co. Ltd has to withdraw the amount of €698.62;

That the said groundrent of the same plots on which the same detached villa with the name Kanata which is found in Triq Patri Tumas Xerri in Baħrija in the limits of Rabat, Malta, payable to the heirs of Spiridione Zammit and Antonia Zammit amounts to €33.11 each year capitalised according to law amounts to €662.20;

That the applicants in this same schedule of deposit are depositing the amount of €165.55 representing the payment for the last five years of subgroundrent and the amount of €33.11 representing the payment of laudemium all payable to the heirs of Spiridione Zammit and Antonia Zammit;

Thus the heirs of Spiridione Zammit and Antonia Zammit have to withdraw the amount of €860.86;

That the site plan is being attached and marked as Doc. H.

Thus, the applicants are availing themselves from the option given to them in terms of article 1501 et sequitur of Chapter 16 of the Laws of Malta and are redeeming the groundrent and subgroundrent of two plots markede with number 18 and 19 respectively on which the semi detached villa with the name Kanata that is found in Triq Patri Tumas Xerri, Baħrija, limits of Rabat, Malta and are humbly requesting this  Honourable Court and under its Authority are depositing the total amount of €1,488.00 for the redemption of groundrent and subgroundrent, and are depositing also the amount of €372.00 representing the payment of groundrent and subgroundrent for the last five years and the payment of €74.40 representing the payment of laudemium for the total amount of €1934.40  so that this amount will be freely withdraw by the respondents after leaving the relative receipt.

Applicants:

Joseph Mario Debrincat, Kanata, Triq Patri Tumas Xerri, Baħrija l/o Rabat, Malta.

Edward John Debrincat, 3, Triq Vassalli, Ħaż-Żebbuġ, Malta

Michael Emanuel Debrincat, 65, Triq il-Mitħna, Mosta

Dottor Josette Colette Debrincat, The Meadows, Triq Sant'Andrija, Sqaq Numru 1, Ħal Lija

Respondents:

Catherine Zammit, 11 Endeville, Triq il-Ġnien tan-Nigra, Baħrija, l/o Rabat, Malta

William Zammit, 91, Lorwil, Triq Ħal Qormi (Torretta), Santa Venera

Edward Zammit, 23, Eddcarm, Triq Franġisk Xerri, Birkirkara

Mary Spiteri, 77, Triq Isouard, Marsa

Charles Zammit, 5, Triq l-Għelejjel, Gudja

Doris Grech, 44, San Giorgio, triq in-Nebbieta, Ħ'Attard

Helen Eileen, 92, Paradise, Triq l-Arpa, Rabat, Malta

Gordon Zammit, Tal-Kappara, Block 1, Flat 6, Triq is-Sajjieda, Marsaskala

Carmen Zammit, 345, Arundel, Triq il-Falunier, Fgura

Deputy curators to represent the curator of the future vacant of fideicommess primogeniali founded by Ugolino Cumbo Navarra

Deputy curators to represent the unknown heirs of Elisa wife of Anthony Aquilina daughter of the Noble Count Raimondo Palermo Navarra and Countess Teresa Maria née Palermo, born in Catania, Sicilia, and resided in Msida

Deputy curators to represent the unknown successors of the the company Unicor Property & Investment Company Limited (D803)(C755)

Deputy curators to represent the unknown heirs of Spiridione Zammit and Antonia née Debono

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

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

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

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

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Christian Falzon Scerri, BA, LLD, Dip. Trib. Eccles. Melit., Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

29 April 2022

Notice 746

746

By order of the Civil Court, First Chamber, on 4 April, 2022, in the acts of the Sworn Application No. 1274/2021CFS, which was filed on 28 December 2021, in the names Pace Jason Et Vs Harmsworth Joanna Kathleen, the following publication has been ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia. Order the defendant to pay those damages thus liquidated. With costs against the defendant who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the above names is adjourned for hearing on 27th May, 2022, at 8.30 a.m.

Notice Respondent: Harmsworth Joanna Kathleen. Flat 1, Lindsay Court, Triq Dobbie, Paceville

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

28 April 2022

Notice 747

747

By a decree of the 05th April, 2022, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned to be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application filed by Elmo Insurance Limited (C 3500) on the 12th February, 2020 and by application filed by Elmo Insurance Limited (C 3500) on the 12th February, 2020 is asking for the withdrawal of all the amount by Elmo Insurance Limited (C 3500) deposited by the Schedules of Deposit numbers 2612/2019 and 2503/2019 in the names of:

Elmo Insurance Limited (C3500) vs Teodosio Baldacchino (ID 247662M)

The Court ordered the notification of this application to the respondents with two (2) days for filing a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

02 Mejju 2022

Notice 748

748

By order of the Civil Court, First Chamber, Constitutional Court, on 27th April, 2022, in the acts of Constitutional Application number 42/2022ISB, which was filed on 21 January, 2022, in the names Agius Oliver et vs Testa Michael et, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the respondents or any of them to pay the sum so liquidated. With costs and injunction at the request of the respondents.

The Constitutional Application in the above names is adjourned for hearing on 11th May, 2022, at 9.30 a.m.

Notice to Respondent: Testa Michael, White Lady, 80, Flat 1, Triq Santa Monika, Tal-Pietà

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

02 Mejju 2022

Notice 749

749

Notice by the Registry of the Civil Court, First Hall

Whereas Dr Alexander Schembri noe (ID 373282M) filed an application under oath (number 338/22/JVC) demanding the correction of the Act of Public Registry of Christabel Reidy sive Falzon Ronayne number 2021/2015 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals