Court Notices published in Govt. Gazette no 20,859 of 17th May 2022

By means of a decree of the 26th April, 2022, of the Civil Court (Family Section), in the records of the Sworn Application in the names Kristine Macpane vs Mattia Inzerillo, Application number 17/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Mattia Inzerillo in terms of Article 187(3) et  sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of a sworn application in the names Kristine Macpane (ID 0199274A) vs Mattia Inzerillo (ID 0137106A), filed in the Civil Court (Family Section), on the 24th January 2022, the applicant Kristine Macpane (ID 0199274A) on oath requested this Honourable Court to:

1. Order in the best interests of the said child … omissis …, parties' daughter, that her care and custody be entrusted to her mother the plaintiff, such that the place of residence of the minor be with her mother the plaintiff and this subject to the defendant her father's access to the said minor which shall be exercisable as is ordered by the Court in the best interests of the minor, even after due regard is had to defendant's antecedents and behaviour;

2. Order that in the best interest of the said minor … omissis … the plaintiff her mother shall exercise all the rights of parental authority to the exclusion of the defendant, as is considered in article 131 et sequitor of Cap. 16 of the Laws of Malta;

3. Liquidate the maintenance payable by the defendant to plaintiff for the néeds of the minor … omissis … and this after due regard is had to to the parties' means, the minor's néeds and the parties' style and standard of living;

4. Condemn defendant to pay plaintiff such amount of maintenance for the néeds of the said minor … omissis … as is so liquidated;

5. Declare that the payments made by the defendant since the 16th August, 2016, being the date of birth of the said minor … omissis … on account of the maintenance of the said minor, was, regard being had to the needs of the said minor and the means of the parties, inadequate and ought to have been more and that there is therefore cause for the defendant to pay or refund unto the plaintiff a sum which is equivalent to the arrears of maintenance which he should have paid but did not as is here set out;

6. By reference to the expense incurred by the plaintiff for the needs of the minor child, the means of the parties during the relevant times, the payments that the defendant should have effected and the payments defendant actually effected to plaintiff for the maintenance of the said minor child, liquidates the arrears of maintenance from the 16th August, 2016, being the date of birth of the said minor … omissis … until such date as the judgement on the previous demands become res judicata or other date fixed by the court, calculated at such rate as is established and applied by the Court for this purposes, payable by the said defendant unto the said plaintiff, in order to reimburse the said plaintiff for the payments made by her that should have been paid by him in parte or in toto;

7. Condemn the said defendant to pay to the plaintiff the sum so established and liquidated by this court in arrears of maintenance, under the modalities which shall be established in this regard from the same Court and with an increase in maintenance which is to be ordered as is requested in paragraph number 4.

With costs, including those related to mediation, against the said defendant who is as of now summoned for reference to his oath.

Applicant: Grebe Court, Flat 2, Triq Tal-Ħriereb, Msida MSD 1670

Notification: Jules Suites, Apt 42, Triq Sant'Andrija, Swieqi

The Application in the names Kristine Macpane vs Mattia Inzerillo, Application number 17/2022AGV, has been postponed for hearing to the 24th May, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 27th April, 2022, of the Civil Court First Hall in the records of judicial letter number 37/2022, in the names Oona Borg vs Aaron Grech, the following publication was ordered for the purpose of effecting service on Aaron Grech in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Aaron Grech (ID 86073M) of 34, Xandrija, Triq il-Ħarruba, Mġarr, Malta

By the present Oona Borg (ID 294979M) of Campbell Close, F3, Triq San Pawl, Ħ'Attard, Malta, where reference is made to the judgments in the Appell Court (Inferior Jurisdiction) dated 27th June, 2018 (Application number 40/2009) and Appeal Court (Inferior Jurisdiction) of the 28th March, 2017, where the respondents Louis and Betty spouses Pace were ordered to vacate from the premises 30, Triq il-Kbira San Ġużepp, Ħamrun, by the end of June 2017.

The interpellant is sending this judicial letter to her brother Aaron Grech because the respondent till today did not return the key of the premises to the same interpellant, who is the co owner of the premises 30, Triq il-Kbira San Ġużepp, Ħamrun;

The interpellant is also filing this judicial letter that you provide her with a copy of the agreement that the respondent signed with spouses Pace (if there was one) such that spouses Pace remained in occupation of the premises until recently;

That the interpellant also informs the respondent that although the respondent asked the interpellant to go and see the place/shop Power Sports, 31, Triq il-Kbira San Ġużepp, Ħamrun, due to a complaint about water leaking from the tenant coming from the overlying premises (also property of the interpellant and the respondent) the interpellant cannot verify nor can she establish the extent of the damage if the respondent does not provide a copy of the key of the overlying premises with the address 30, Triq il-Kbira San Ġużepp, Ħamrun, to the interpellant immediately;

The respondent advised the interpellant in mid December 2021 to access the premises with her Architect and the interpellant set an appointment with the Architect of her trust but had to cancel the appointment as the respondent failed (and to this day still fails despite several reminders and solicitations) from giving a key to the interpellant;

Therefore, in view of these facts where the respondent is acting with dishonesty and lack of transparency, the interpellant is sending this judicial letter such that:

i) The respondent Aaron Grech returns a copy of the key of the premises 30, Triq il-Kbira San Ġużepp, Ħamrun, to the interpellant within three days from the notification of this judicial letter,

ii) Deliver a copy of all records and management of the estate that the interpellant and the respondent have, and also return half of the fees and costs regarding the above-mentioned case (application number 40/2009) that are due to the interpellant and this within fifteen days from the notification of this judicial letter,

iii) Give his written consent within fifteen days with a sworn statement that the schedule of deposits made by the commercial company Trade Wise Limited against Aaron Grech in the Magistrates Court (Malta) holding numbers 1059/2009, 1856/2009, 179/2021, 1472/2010, 118/2011, 2162/2011, 499/2012, 2541/2012, 926/2013, 164/2014, 1027/2014, 335/2015, 2450/2015, 1416/2016, 1216/2017, 1257/2018, 473/2019 and 3072/2019 may be freely withdrawn in respect to half her share, by Oona Borg, so that Oona Borg can take half of her share of these monies. Failure to do so legal commercial interest will accrue till such consent in given,

iv)       Immediately from the day of notification of this judicial letter cease from administering and/or appear on behalf o the interpellant and/or signed and/or take decision of the interpellants behalf on any other act regarding this premises 30, Triq il-Kbira San Ġużepp, Il-Ħamrun or regarding the premises 31, Triq il-Kbira San Ġużepp, Ħamrun, or any other property that the interpellant has together as co-owners.

So much so that you may know how to proceed. With costs. If you ignore this judicial letter, and the terms set forth, the interpellant will proceed further against you and hold you liable for all damages.

Subject to any further rights.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th September, 2021, of the Civil Court, First Hall, in the records of judicial letter number 1544/2021, in the names, Commissioner for Revenue vs Martin Sonderby Nielsen 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 Martin Sonderby Nielsen (ID 0195803A) in his own name and also as director of Smart Water Systems Ltd (C87807);

Smart Water Systems Ltd (C87807)

By the present, the Commissioner for Revenue of Centre Point Building, Block 6, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €73,108.94 representing the amount due by you as Value Added Tax according to the same Act.

With costs and legal interest according to law from when the amount de quo is due 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.

With costs

Notifications:

1) Martin Sonderby Nielsen, Ibraġ Terrace, Penthouse No. 8, Triq V. Meville, Tal-Ibraġ, Swieqi, Malta

2) Smart Water Systems Ltd, 52, Fifth Floor, Regent House, Triq Bisazza, Tas-Sliema SLM 1641, Malta

3) Smart Water Systems Ltd, Edge Water Business Comples, S OHOI of Triq Elija Zammit, St Julian's STJ 3120, Malta

4) Dominic Chircop, Block E, Flat 77, Marshall Court, Victory Street, Gżira, GZR 1323, Malta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st March, 2022, in the records of the judicial letter number 117/2021, 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

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 244/2021 in the names J Zammit Limited vs Pablo Don Esmeraldo Sevilleno the following publication was ordered for the purpose of effecting service on the respondent Pablo Don Esmeraldo Sevilleno in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Pablo Don Esmeraldo Sevilleno (ID 187025A) of 43, Sacro Cuor, Triq Sant'Agata, Tas-Sliema

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 €2,192.12 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 14 expired bills of exchange each of value €156.58, which bills of exchange were due on the 15th day of each month from December 2019 till January 2021 respectively (copies here attached and marked as Doc. A1-Doc.A14).

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

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th April, 2022, Application number 613/2022, by Nazzareno sive Reno Asciak et whereby they requested that it be declared open in favour of the children of the decujus that is Nazzareno sive Reno Asciak, Dolores sive Doris Abela, Carmela sive Carmen Apap and Jane Micallef in the quota of one fourth (1/4) undivided share each one of them the succession of Francesco Asciak, widower of Rosaria née Mifsud, son of the late Giuseppe Asciak and Giovanna née Griscti, born in Żurrieq, Malta, resided in Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 25th November, 2021, aged 94, and who held identity card number 659527M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th April, 2022, Application number 559/2022, by Romaine Georgina Tagliaferro whereby she requested that it be declared open in favour of Amalia née Pace 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 Paul Mallia, Jean Mallia, Romaine Tagliaferro and Wayne Daniel Mallia children of the decujus in equal share between them the succession of Francis Mallia, divorced from Janice Margaret Mallia née Steward and husband of Amalia née Pace, son of Salvatore Mallia and Giorgina née Sultana, born in Ħamrun, Malta, resided in Siġġiewi, Malta, and died in Msida, Malta, on the 20th July, 2020, aged 80, and who held identity card number 598139M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th April, 2022, Application number 703/2022, by Salvina sive Silvana Mizzi pro et noe whereby she requested that it be declared open in favour of Salvina sive Silvana Mizzi and Helen Mifsud in the quota of one half (1/2) undivided share each one of them the succession of their father Giuseppe Cacciattolo, widower of Maria Dolores Cacciattolo, son of Vincenzo Cacciattolo and Salvina Cacciattolo née Sciortino, born in Valletta, Malta, resided in Ħamrun, Malta and died in Msida, Malta, on the 16th September, 2021, aged 85, and who held identity card number 257536M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd April, 2022, Application number 659/2022, by Mercedes Mifsud et whereby they requested that it be declared open in favour of Mercedes Mifsud and Maria Josette sive Josette Camilleri the succession of their mother Maria Grazia Vella, wife of Emanuel Vella, daughter of the late Joseph Debattista and Rosina née Debattista, born in Msida, Malta, resided in Msida, Malta, and died in St Julian's, Malta, on the 20th February, 2021, aged 83, and who held identity card number 083437M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By decree given by the Civil Court, First Hall on the 09th May, 2022, on the application of HSBC Bank Malta p.l.c. (C3177), Thursday, 20th October, 2022, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment without its own airspace, internally forming part of the tower known as Tower A1, consisting of twenty (20) apartments, which tower forms part of the development known as 'The Three Towers' and which apartment is situated on level three (3) and internally marked number three hundred and six (306), in Triq l-Ibjar, Paola, as well as the right of use of common areas of the Tower A1 as better described in the acts of notary Malcolm Mangion published on the 28th February, 2007, underlying and overlying third party property, free and unencumbered, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Yassine Khaled (ID135504L) and Elsadi Duaa (ID38961A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th April, 2022, of the Civil Court (Family Section), in the records of the Sworn Application in the names Rosianne Zammit vs Shaun Ray Belli, Application Number 21/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Shaun Ray Belli in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12)

By means of a sworn application in the names Rosianne Zammit vs Shaun Ray Belli, filed in the Civil Court (Family Section), on the 26th January, 2022, the applicant Rosianne Zammit (ID 178693M) on oath requested this Honourable Court to:

1.  Entrust the exclusive care and custody of the minor … omissis … to the applicant and authorise her to take any decisions relating to the issue of the passport, travel, health and education of the child and this as established by this Honourable Court;

2. Fix and liquidates an adequate amount of maintenance payable by the defendant to the minor, and remains so payable until the said minor reaches the age of 18 and if he leaves school and starts to earn a living or up to the age of 23 if the minor decides to continue studying on full time basis as well as order that these alimonies be deducted directly from the respondent's salary or earnings from employment or work or any benefit the respondent is receiving and be deposited in a bank account indicated by the applicant; and provides for the modalities of how the same maintenance should be reviewed and increased each year to reflect the increase in the cost of living;

3. Order the respondent to pay half of the costs relating to the health and education of the said minor including and not limitedly uniforms, transport, donations, private lessons and any other costs related to education, including expenses related to extracurricular activities of the minor;

4. Order the respondent to pay maintenance arrears of health and education expenses, as it will be proved during the case;

5. Order the attachment of the mediation acts number 499/2021;

6. Authorise the applicant to register in the Public Registry of Malta any judgement given by this Honourable Court.

Subject to such other provisions as the Court may deem fit and fair.

With all costs and interest, including the mediation proceedings against the respondent who is from now summoned so that a reference to his oath be made.

Applicant: Rosianne Zammit, 37, Flat 4, Triq Feliċ, Bormla

Notification: Shaun Ray Belli, 16, Flat 1, Triq Wied Glavan, Xgħajra

The Application in the names Rosianne Zammit vs Shaun Ray Belli, Application number 21/2022AGV has been postponed for hearing to the 24th May, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 21st July, 2021, following a request by George Cassar known as George Cassar White et it was ordered that deputy curators be appointed to represent the sub-grantor Frank Cutajar, unknown owners and heirs in the acts of the schedule of deposit number 1239/2021 in the names George Cassar known as George Cassar White et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 1st July, 2021, in the names George Cassar known as George Cassar White, son of Anthony and Josephine née White born in Paola on the 31st August, 1964, and residing in Birkirkara (ID 0423864M) and his wife Maria Theresa Cassar known as Maria Theresa Cassar White daughter of Paul Muscat and Bartholomea née Spiteri, born in Mosta on the 1st March, 1963, and residing in Birkirkara (ID 0171463M) vs 1) Patricia Catherine Zammit, daughter of Emanuel Zammit and Mary née Farrugia, born in Melbourne, Australia, on the 12th May, 1949, and residing in Melbourne, Austrialia, holding Australian passport number PA 7774390, one of the heirs of Eleno Zammit, bachelor, son of Giuseppe Zammit and Caterina née Grech, born and resided in Birkirkara (ID 0571228M), 2) Deputy Curators to represent the unknown heirs of the sub grantor Frank Cutajar, son of Antonio Cutajar and Teresina née Naudi, born in Ħamrun and resided in Birkirkara (other details not known), the applicant George Cassar White (ID 0423864M) and his wife Maria Theresa Cassar White (ID 0171463M) respectfully submitted:

That George Cassar known as George Cassar White acquired the flat internally marked as number 1, forming part of a block officially numbered with number 3 previously without number, with the name Navarro Flats, previously Santa Theresa Flats in Triq Ċensu Busuttil, Birkirkara, from Anthony Navarro by means of a deed of the 31st October, 1986, in the records of Notary Doctor Pierre Cassar, subject to the annual and perpetual groundrent of Lm12.50 equivalent to €29.12 (copy of this act is here attached and marked as Doc. A. Site plan is here attached and marked as Doc SP);

That Anthony Navarro acquired the said flat from Joseph Navarro by means of a contract of the 19th November, 1984, in the records of Notary Joseph Brincat, whilst the said Joseph Navarro acquired it from Moses Galea by means of a deed dated 7th May, 1971, in the records of Notary Joseph Brincat (copy of the two deeds is here attached and marked as documents B and C);

That Moses Galea built the block from which the said flat forms part on the land that he acquired from Frank Cutajar by title of perpetual sub-emphyteusis by means of a sub-emphyteutical deed of the 12th October, 1968, in the records of Notary Angelo Sammut (copy here attached and marked as document D);

That the said Frank Cutajar had acquired the said land already forming part of 'l-għalqa tal-Iklin' in the limits of Birkirkara by way of purchase from Architect Joseph Ellul Vincenti, Angelo Borg and Architect Maurice Captur by means of a deed of the 6th May, 1968, in the records of the same Notary (copy here attached and marked as document E);

On their part, Architect Ellul Vincenti et acquired the land mentioned from Eleno Zammit by way of perpetual emphyteusis by means of a deed of the 30th August, 1967, in the records of the same notary (copy here attached and marked as document F).

That the sub groundrent in favour of Frank Cutajar above mentioned is not being paid but the applicants pay the groundrent directly to the original owner Eleno Zammit;

That the applicants do not know who are the heirs or successors in title of the sub-grantor Frank Cutajar;

Together with this schedule of deposit the applicants are filing an application for the appointment of deputy curators in order to represent the interests of the unknown heirs of the sub-grantor Frank Cutajar;

Firstly the applicants wish to pay the amount of five (5) years of sub groundrent, that is the amount of €146.60 to the heirs of the subgrantor Frank Cutaja;

Secondly the applicants wish to redeem the original groundrent and also the subgroundrent, both annual and perpetual above mentioned and this in terms of Article 1501 of Cap. 16;

That the subgroundrent of €29.12 capitalised at the rate of 5% amounts to €582.40;

That according to the aforementioned contract of the original concession of the 30th August, 1967, in the records of Notary Dr Angelo Sammut, the redemption of the original lease is at the rate of 5.5%. Therefore the rent of €29.1 capitalised at the rate of 5.5% amounts to €529.45.

Thus, the applicants are humbly requesting this Honourable Court and under its authority are depositing the total amount of €1,257.45 consisting as to the amount of €145.60 as groundrent arrears, whilst the amount of €1,111.85 being the value of the relative capital.

This total amount has to be freely withdrawn and this after leaving the relative receipt according as follows:

i) €529.45 to the heirs of the original grantor Eleno Zammit, and

ii) €728 the unknown heirs of the subgrantor Frank Cutajar.

Applicants: George u Maria Theresa Cassar White, 3, Navarro Flats, Flat 1, Triq Ċensu Busuttil, Birkirkara

Notification:

1) Deputy Curators

2) Patricia Catherine Zammit, 49, Vine Street, Moonée Ponds, Victoria 3039, Melbourne, Australia

3) Director Public Registry, Valletta

4) Lands Director, Casa Bolino, 116, Triq il-Punent, Valletta

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Audrey Demicoli, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 1st September 2021, following a request by Charlene Castillo it was ordered that deputy curators be appointed to represent the interest of the unknown owners in the acts of the schedule of deposit number 1624/2021 in the names Charlene Castillo vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 27th August, 2021, in the names Charlene Castillo, daughter of Joseph Darmanin and Ritianne née Curmi, born in Tal-Pietà and residing in Marsaskala (ID 553787M) vs Deputy Curators to represent the unknown owners, the applicant Charlene Castillo respectfully submitted:

That the applicant is the owner of the premises with address Bellagio Court, Flat number 4, in Triq il-Ħortan in Marsaskala (Doc. A) which was acquired by means of a contract in the records of Notary Carmel Gafà of the 8th October 2007 (Doc. B);

On the same premises there is the annual and perpetual groundrent of €6.21 equivalent to Lm2.66,6;

That as results from the same original contract of concession in the records of Notary George Bonello Du Puis of the 25th April, 1962, the groundrent when and if it is redeemed in the future had to be redeemed with the rate of 3%;

That the applicant does not know who are the owners of the original groundrent and thus she is continuing against deputy curators;

That the applicant never had information regarding who are the owners, and she failed to pay the said groundrent these last five years which amount to €31.05;

That the applicant wishes to avail herself from the option given to her in terms of article 1501 of the Civil Code and redeem the above mentioned groundrent with the rate of 3% according to the original contract and thus it amounts to €207.

Thus, the applicant is humbly requesting this Honourable Court and under its authority is depositing the total amount of €238.05 representing €31.05 five years groundrent arrears and €207 the price of the redemption of the annual and perpetual groundrent regarding the above mentioned immovable so that this amount will be freely withdraw by the owners after leaving the relative receipt according to law.

Applicant: Bellagio Court, Flat 4, Triq il-Ħortan, Marsaskala

Respondent: Deputy Curators

Director Public Registry, 197, 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, above mentioned, with the witness of the Hon. Mr Justice Ian Spiteri Bailey, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th March, 2022, of the Rent Regulation Board, in the records of the Application in the names S. Falzon Limited vs Mary Borg, Application number 1086/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Mary Borg in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names S. Falzon Limited (C5654) vs Mary Borg (KI 946145M) filed in the Rent Regulation Board, on the 29th December, 2021, the applicant S. Falzon Limited (S5654) requested this Honourable Board why it should not:

1. Declare that the respondent Mary Borg (ID 946145M) is the lessee of the premises number 22, Mary House, F.S. Caruana Street, Birkirkara, as for the lease apply the dispositions of the Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta;

2. Order the means test according to law;

3. In case the lessee meets the means test revise the lease to an amount not exceeding 2% per annum of the free and open market value and this in terms of Article 4(b) and 4(A) of Reletting of Urban Property (Regulation) Ordinance Cap. 69 of the Laws of Malta.

Applicant:

S. Falzon Limited (C5654), 42, Spencer Hill, Marsa

Respondent:

i) Mary Borg, 22 Mary House, Triq F. S. Caruana, Birkikara

ii) Housing Authority

The application in the names S Falzon Limited vs Mary Borg, Application number 1086/2021LC, has been postponed for hearing to the 25th May, 2022, at 9.55 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd August, 2021, following a request by Louis Zammit et it was ordered that deputy curators be appointed to represent the owners who have the directus dominus and sub-directus dominus or their successors in title in the acts of the schedule of deposit number 1509/2021 in the names Louis Zammit et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 12th August, 2021, in the names Louis Zammit, delivery man, son of Francis and Mary Grace née Galdes, born in Tal-Pietà on the 19th March, 1982 (ID 0209882M) together with his wife Greta Ann Zammit, administrative officer, daughter of Nazzareno Galea and Antonia Lihic née Abela, born in Tal-Pietà on the 12th April, 1992 (ID 0203992M) vs Deputy Curators to represent the unknown owners who have the directus dominus and sub-directus dominus or their successors in title, the applicants Louis Zammit (ID 0209882M) et respectfully submitted:

That the applicants acquired the whole property and that is the house with official number 45 previously 24 in Triq il-Parroċċa, and another door with official number 22 in Triq Santu Rokku, Ħad-Dingli, subject to the annual and perpetual groundrent of €0.29c1, which house has a servitude of drainage passage of the premises number 43, Triq il-Paroċċa which pass through the yard of the house in question, otherwise free and unencumbered with all its rights and appurtenances, including all its subterrain and also its airspace usque ad coelum or better described in the contract published in the records of Notary Dr Robert Aquilina dated 4th December, 2013 (Doc. A).

That the said property is marked on the site plan here attached and marked as Doc. B;

That the applicants are filing this schedule of deposit to redeem the groundrent of the property above mentioned;

That the directus dominus, the sub-directus dominus or their successors in title are unknown and thus deputy curators are going to represent them in this schedule of deposit;

That the applicants wish to avail themselves from the option given to them in terms of article 1501 of the Civil Code (Cap. 16) and redeem the above mentioned groundrent as stipulated in the same law;

That the amount of €0.30 capitalised at the rate of 5% amounts to €6;

That the applicants, in order to abide themselves with law are depositing the amount of €0.30 representing the laudemium;

That the applicants to regulate themselves are depositing also the amount of €1.50 representing the groundrent arrears.

Thus, the applicants to redeem the groundrent imposed of the said land are humbly requesting this Honourable Court and under its Authority are depositing the total amount of €7.80 so that this amount will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicants: 45, Triq il-Paroċċa, Ħad-Dingli

Respondent:

i) Deputy Curators

ii) Director Public Registry, Public Registry, Valletta

iii) Land Registry, Casa Bollino, Valletta

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

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

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

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th March, 2022, of the Rent Regulation Board, in the records of the Application in the names Mary Cassar vs Giovanna Attard, Application number 1104/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Giovanna Attard 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 Mary Cassar (ID 943146M) vs Giovanna Attard (7650435M) filed in the Rent Regulation Board, on the 29th December, 2021, the applicant Mary Cassar (ID 943146M) requested this Honourable Board why it should not:

1. Order the means test of the respondent according to the provisions of Article 12B of Cap. 158 of the Laws of Malta;

2. Give those orders that it deems fit and opportune, according to the results of the means test;

3. And if the criteria of the means test are met, order the continuation of the relative lease regarding the premises 18 previously 27, Triq Samuel Taylor Coleridge, Gżira, Malta, in favour of the respondent Giovanna Attard, establish new conditions regulating the payment of the rent and declare that the rent should be revised to an amount not exceeding 2% per annum of the free and open market value of the premises with effect from the 1st January, 2021, and orders the respondent to pay the rent as declared.

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

Applicant:

34, Triq San Kostantinu, Birkirkara

Respondent:

i) 18, Triq Samuel Taylor Cleridge, Gżira

ii) Housing Authority

The application in the names Mary Cassar vs Giovanna Attard, Application number 1104/2021LC, has been postponed for hearing to the 25th May, 2022, at 10.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

DKR 92/2015 – CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th May, 2022, given by the Criminal Court of Appeal (Madame Justice Dr Edwina Grima, LLD) following an application filed by Stephen Bonsfield on the 24th February, 2022, and following the execution of judgement given by the same Court on the 30th September, 2020, Appeal no 60/2019, in the case in the names:

The Police

Versus

STEPHEN BONSFIELD, 52 years, son of Harold and Teres née Maranci, born in Tas-Sliema, Malta, on the 17th September, 1968, residing at St Anthony, Flat 4, Tamar Street, St Paul's Bay, Malta, and holder of Maltese identity card bearing number 42069M.

THE COURT ORDERED THE CANCELLATION of the freezing order of all the assets of the said Stephen Bonsfield which order was given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Natasha Galea Sciberras, LLD) on the 6th February, 2015, which was duly published in the Government Gazette of the 18th February, 2015.

This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals

DKR 238/2017 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 2nd May, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) following an application filed by Mario Vella and his wife Ashley Vella on the 26th April, 2022, Compilation number 268/2017, in the case in the names:

The Police

(Superintendent Frank Anthony Tabone)

(Inspector Kevin Pulis)

versus

MARIO VELLA, 46 years, son of the late Alexander and Carmen née Muscat, born in Tal-Pietà, Malta, on the 2nd August, 1975, residing at Ashmar, Triq Qerd in-Naħal, Ħal Safi, Malta, and holder of Maltese identity card bearing number 366375M.

THE COURT UPHELD the request of the accused Mario Vella and his wife Ashley Vella limitedly in the sense that it authorizes the release of the sum of €24,422.12 representing the sum due to them according to the insurance policy 'Life Assurance Children's Plan' (Policy number 111-000621), provided that such sum should remain affected by the Freezing Order in a bank account in the name of the accused or in a joint account together with his wife. The said Mario Vella is to file a note indicating the bank account in which this sum is deposited.

This variation is made in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order dated 20th June, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) and published in the Government Gazette of the 23rd June, 2017, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Mario Vella.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals (Malta)

Banns for Curators

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated 13th of May, 2022 the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 13th of May, 2022, in the acts of the sworn application bearing number 54/2022 BS, of Rose Apap et residing at 8, Triq il-Virtù, Għarb, Gozo, holder of identity card number 41964G, humbly requests:

1. Whereas all applicants except Dr Aaron Mosé Attard Hili are owners of a house, numbered one hundred and thirty-eight (138), previously bearing the number forty-four (44), located in an alley without name and without number, which abuts onto Triq Bullara, Xagħra, Gozo, partly overlying third party property with its annexed garden enjoying a right of prospect over property of third party with its rights and appurtenances free and unencumbered;

2. Whereas property devolved upon the parties from the estate of the late Saviour and Anna spouses Attard;

3. Whereas Saviour Attard died testate on 9.11.1959 and regulated his succession by means of an unica charta in the acts of Notary Dr Francesco Gauci dated 2.8.1949 and was succeeded by his nine (9) children: Vincenza Sultana, Carmela Vella, Giuseppe Attard, Francesco Attard, Victoria Bajada, Pawla Cassar, Gabriella Micallef, Emmanuele Attard and Giovanni Attard;

4. Whereas Anna Attard died testate on 27.4.1980 and regulated her succession by means of two wills namely: the above mentioned unica charta will and another one dated 2.7.1964 in the acts of Notary Dr Antonio Galea. By means of the latter will bequeathed her half undivided share (1/2) of the property de quo by remuneratory prelagacy to her son Francesco Attard;

5. Whereas Vincenza Sultana, the daughter of Saviour and Anna spouses Attard, received as her share from the inheritance of her parents, the dowry consisting of a plot of land called Il-Moxa, situated in Triq il-Knisja, Xagħra, Gozo. Hence having no share whatsoever from the said property as evidenced in her Death Declaration Act as shown in the attached document and marked as Doc. AF1;

6. Whereas Carmela Vella, the daughter of Saviour and Anna married Attard, died on 13.08.2011, and regulated her succession by means of an Australian will dated 27.4.2004 in which she appointed her five (5) children as the heirs to her property: Charles Paul Joseph Vella, Paul Vella, Joseph Vella, Mary Falzon and Antoinette Vella;

7. Carmela Vella's declaration transfer causa mortis in the acts of Notary Dr Josianne Mifsud on fourteenth December 14.12.2011 property was not declared, hence it will be published together with the deed of sale;

8. Whereas Paula Cassar, daughter of Saviour and Anna spouses Attard, died 25.3.2021 and regulated her succession by means of an Australian will dated 15.12.2017 nominating her four (4) children as heirs: Mary Cassar, Diana Cassar, Sammy Cassar and Anne Pantalleresco;

9. Whereas Mary Cassar, one of Paula Cassar's children and a childless spinster, died on 3.6.2020 prior to her mother's death and consequently her share devolved upon her siblings;

10. Paula Cassar's declaration transfer causa mortis as well as that of her deceased daughter Mary Cassar were not published and will be published together with the deed of sale;

11. Whereas Francesco Attard, son of Saviour and Anna married Attard, a childless bachelor died testate on 03.7.2009, by virtue of will dated 20.3.2008 held in acts of Notary Dr Christian Zammit, by means of which he left his siblings: Carmen Vella, Victoria Bajada, Pawla Cassar, Emanuel Attard, Gariella Micallef and his nephew Peter Attard the son of his brother Joseph Attard and his other nephews Sam, Joe and Darren brothers Attard, sons of his brother John Attard as heirs;

12. Francesco Attard's declaration transfer causa mortis was published on 3.10.2011 in the acts of Notary Dr Christian Zammit;

13. Whereas Victoria Bajada, daughter of Saviour and Anna spouses Attard, died testate on 5.9.2019 in Australia by virtue of a will dated 3.3.1995 nominating her husband Emanuel Bajada as her heir;

14. Victoria Bajada's declaration transfer causa mortis was published on 10.12.2021 in the acts of Notary Dr Josette Spiteri Cauchi;

15. Whereas Giovanni Attard, son of Saviour and Anna spouses Attard, died intestate on 1.6.1996 and so his inheritance devolved upon his issue Sammy, Joseph and Darren;

16. Giovanni Attard's declaration transfer causa mortis is to be published together with the deed of sale;

17. Whereas Emanuel Attard, son of Saviour and Anna spouses Attard, died intestate on 10.8.2019 with the result that his estate devolved half of his undivided share upon his widow Anne Marie Attard and the other undivided share upon his two children: Maria and Mandy Attard;

18. Emmanuel Attard's declaration transfer causa mortis was published on 14.7.2020 in the acts of Notary Dr Joanne Cauchi;

19. Whereas Joseph Attard died intestate on 9.11.1968 in the UK as resulted from searches carried out in the Maltese islands. So the presumed heir is Peter Attard as declared in the will of his late uncle, Francesco Attard;

20. Whereas the present applicants are bereft of any information of the whereabouts of Joseph Attard's son Peter Attard and they possess of no information whether the said Joseph Attard had any other offsprings;

21. Whereas the parties, as shown in the attached family tree and marked as Doc. AF2, are heirs to their respective shares;

22. Whereas the parties' shares are all listed in the attached document and marked as Doc. AF3;

23. Whereas this property has been held in common among the parties for more than three (3) years following the death of Saviour and Anne spouses Attard and that the applicants enjoy more than half of the majority of the shares held in common;

24. Whereas no one of the owners has ever lodged any judicial act before any court or tribunal for the division of the property;

25. Whereas no heir enjoys any usufruct upon the property that can suspend these procedures in whatever manner;

26. Whereas the co-proprietors failed to reach an agreement for the sale of the property because they have neither any contacts nor knowledge of the residential address of  Peter Attard from whom they could obtain his consent;

27. Whereas the applicants entered into a promise of sale with Dr Aaron Mosè Attard Hili to sell the said property dated 31.8.2021 for the sum of two hundred and eighty thousand euro (€280,000), which promise of sale stipulates that the final deed should be published by end of 30.6.2022 subject to the stipulated conditions a copy of which is being attached and marked as Doc. AF4;

28. Whereas the promise of sale has been registered with the Commissioner of Inland Revenue number PS202130310 and this according to the attached note and marked as Doc. AF5;

29. Whereas according to the technical report by the Architect Andrea Bigeni the value of the property is of two hundred and eighty thousand euro (€280,000) which is the same price value as declared in the promise of sale as shown in the attached copy and marked as Doc. AF6;

30. Whereas the sale of the property is beneficial to each and every co-proprietor of the property and no prejudice will be created to them by the sale of it;

31. Whereas the applicants have no contact whatsoever with Peter Attard, as declared on oath in the application as presented together with these documents, and so Peter Attard's consent is lacking for this sale, the applicants are lodging this application according to Article 495A of Chapter 16 of the Laws of Malta.

Therefore, applicants humbly request this Honourable Court, that in view of all the necessary declarations and after that the opportune dispositions have been given, this Honourable Court, for the mentioned reasons, is pleased:

1. To declare that the Court is satisfied that the co-proprietor will not be prejudiced with this sale;

2. Authorise the sale of the same property numbered one hundred and thirty-eight (138), located in an alley without name and without number, which abuts onto Triq Bullara, Xagħra, Gozo, overlying on third party property, with  its annexed garden enjoying a prospect over property of third party with its rights and appurtenances free and unencumbered and in terms of article 495A of Chapter 16, according to the will of the majority of the co-proprietors for the total sum of two hundred and eighty thousand euro (€280,000);

3. Appoint deputy curators to appear on the deed of sale for and on behalf of those who fail to appear on the deed in front of the Notary Public and to order that the respective shares due will have their tax deducted, all expenses incurred including those due to the Deputy Curators and any Death and Donation Duty Tax that is necessary to be published prior to the deed of sale together with their shares from expenses related to the Energy Performing Certificate and of any pending energy and water bills that are still due on the property, will be at the responsibility of the vendors;

4. To provide any order or directions which the Court may deem fit and opportune.

All expenses to be borne by defendants.

You, the executive officer of the Court of Magistrates (Gozo), are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section, under the signature of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

It is hereby notified that by a decree given on 2nd of December, 2021, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the acts of the Warrant of Prohibitory Injunction number 51/2021 SG in the names 'Xerri Frank vs Falzon Nazzareno sive Reno' filed in the Registry of the said Court on the 17th of November, 2021, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Nazzareno sive Reno Falzon of 'Erin Mills', Triq Mons. A. Buhagiar, Rabat, Malta, and this in terms of article 187 (3) of Cap. 12 of the Laws of Malta.

Warrant of Prohibitory Injunction number 51/2021 SG

Fank Xerri (ID 479383M)

(Ta' Indrija, 5, Triq l-Għarb, Għarb)

versus

Nazzareno sive Reno Falzon

('Erin Mills', Triq Mons. A. Buhagiar, Rabat, Malta)

Application of the said Frank Xerri (ID 479383M)

Respectfully sheweth and confirms on oath:

That the applicant has an interest that his rights be secured;

That the applicant, in order to secure his rights, desires to restrain respondent from,

Personally, or through third parties he sells, transfers, alienates under any title, mortgages and/or burdens with no charges the share he has been out of the following properties:

i) the air intended for the construction of the number two (2) apartment at the second-floor level

ii) the air intended for the construction of the apartment number four (4) at the third-floor level

iii) half undivided (1/2) of the air intended for the construction of apartment number six (6) at the third-floor level

iv)       the air intended for the construction of the garage number (1),

In the block to be built instead of the terraced house known as Erin Mills, the official number four (74) in Triq Monsignor A. Buhagiar, Victoria, Malta;

That between the parties already there are judicial procedures in the same names with the number 69/2016bs.

It was the urgency and the fact that the said works have already begun the exponents demanding that the mandate be provisionally upheld, and at least until a final decree was given on the present action.

The hearing is adjourned for Tuesday, 31st of May, 2022, at noon at the Gozo Court building.

Silvio Xerri

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