Court Notices published in Government Gazette No. 20,992 of 17th January 2023

By means of a decree of the 6th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Pierre Cauchi et vs Teresa Azzopardi, Application number 736/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Teresa Azzopardi 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 Pierre Cauchi (ID 799950M), Andrè Cauchi (ID 12755M), Ambra Sant Fournier (ID 41986G) and Alba Gutierrez Garcia (ID 27084G) vs Teresa Azzopardi (ID 776051M), filed in the Rent Regulation Board, on the 13th September, 2022, the applicants Andrè Cauchi et requested this Honourable Board why it should not:

1. Declare and decide that the respondent qualifies as lessee of the premises 5, Bay Street, St Julian's, that is 'as the person that can be recognised as the lessee according to law validly in force before 1st June 2021' as defined and in terms of Article 2 of Cap. 69, as amended by Act XXIV of 2021, and that she is thus entitled to continue occupying the same premises in terms of the same Cap. 69;

2.  Order that the respondent's means test be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) (S.L. 16.11) issued under Article 1622A of the Chapter 16 (or any other regulations that may replace them);

3. Declare and decide that the rent should be revised, that is increased to an amount that does not exceed 2% per year of the free and open market value of the said premises on the 1st January 2022, and establish this rent by means of nominated architects, and if it deems appropriate, to established new lease conditions;

4. Order the respondent to pay the rent as revised, and if it is the case, to observe any new conditions that the Board likes to establish; and

5. Order, in case the respondent does not meet the means test, the eviction of the same respondent, and anyone who may be living there with her from the premises in question in a short and peremptory time which is established by this Board, and which in any case should not exceed two years, as well as establishing the compensation payable to the applicants for the occupation of the premises during this period.

With costs against the respondent who is from now summoned so that a reference to her oath be made and with reservation and without prejudice to any other action by the applicants according to law, including that for compensation due to violation of their rights.

Applicants: 12, Villa Elena, Triq il-Kaffis, Swieqi

Respondent: 5, Bay Street, St Julian's

Housing Authority

The application in the names Pierre Cauchi et vs Teresa Azzopardi, Application number 736/2022JM, has been postponed for hearing to the 24th January, 2023, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 15th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Alfred Fenech et vs Emanuel Darmanin et, Application Number 763/2022JM, the following publication was ordered for the purpose of effecting service on the respondents Emanuel Darmanin and Lorenza sive Laura Darmanin 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 Alfred Fenech (ID 0115838M) and Doris Fenech (ID 548844M) vs Emanuel Darmanin (ID 0003760M) and Lorenza sive Laura Darmanin (ID 0468665M) and Housing Authority, filed in the Rent Regulation Board, on the 22nd September, 2022, the applicants Alfred Fenech and Doris Fenech requested this Honourable Board why it should not:

1. Declare and decide that the respondents Emanuel Darmanin (ID 0003760M) and Lorenza sive Laura Darmanin (ID 0468665M) are the lessees of premises Flat 3, Dorfred, Triq Santa Katarina, Birżebbuġa, 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 and the Housing Act of 2021;

2. Order that the means test of the respondents Emanuel Darmanin (ID 0003760M) and Lorenza sive Laura Darmanin (ID 0468665M) 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, 2021, and on the capital of the lessee on the 31st December, 2021;

3. Declare and decide that in terms of the 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 Flat 3, Dorfred, Triq Santa Katarina, Birżebbuġa, and to establish new conditions regarding the lease;

4. Order that if the respondents Emanuel Darmanin (ID 0003760M) and Lorenza sive Laura Darmanin (ID 0468665M) 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.

Applicants: 7, Triq il-Knisja, Birżebbuġa

Respondents: Emanuel Darmanin and Lorenza sive Laura Darmanin: Flat 3, Dorfred, Triq Santa Katarina, Birżebbuġa

Housing Authority

The application in the names Alfred Fenech et vs Emanuel Darmanin et, Application Number 763/2022JM has been postponed for hearing to the 24th January, 2023, at 10.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th October, 2022, of the Rent Regulation Board, in the records of the Application in the names Josephine Camilleri et vs Maria Dolores sive Doris Abela et, Application number 484/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Marija Dolores sive Doris Abela 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 Josephine Camilleri (ID 432857M) and Angela Rocca (ID 58959M) vs Marija Dolores sive Doris Abela (ID 325838M) and Housing Authority, filed in the Rent Regulation Board, on the 30th May, 2022, the applicants Josephine Camilleri and Angela Rocca requested this Honourable Board why it should not:

1. Declare and decide that the respondent Doris Abela is the lessee of premises 106, Merħba, in Triq San Ġorġ, Ħal Qormi;

2. Order that the means test of the respondent be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) and any regulations that replace them, which test shall be based on the income of the lessee between 1st January, 2021 and 31st December, 2021, and on the capital of the lessee on the 31st December, 2021;

3. Declare and decide that in terms of the 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 106, Merħba, San Ġorġ, Ħal Qormi, and to establish new conditions regarding the lease and in default, if the respondent does not satisfy the criteria of the income of the means test, the respondent shall be given a period of two (2) years to vacate, besides pay a compensation to the applicants for the occupation of the premises during the said period that has to be determined by this Honourable Board;

4. Order that in case the respondent does not satisfy the criteria of income and capital of the means test the eviction of the same Marija Dolores sive Doris Abela, from the premises 106, Merħba, San Ġorġ, Ħal Qormi, within a short and peremptory time established by this Honourable Board after a period of two (2) years from the judgement so the the premises will be vacated.

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

Reserving and without prejudice to any other action that may eventually be filed.

Saving any other provisions that this Honourable Board deems fit and opportune.

Applicants: Josephine Camilleri, 89, Mona Vale, Flat 1, Triq il-Ħalel, St Paul's Bay

Angela Rocca, 62, Joeann, Triq iż-Żerniq, Swatar, Birkirkara

Notification: Doris Abela – 106, Merħba, San Ġorġ, Ħal Qormi

Housing Authority

The application in the names Josephine Camilleri vs Marija Dolores sive Doris Abela, Application Number 484/2022JD has been postponed for hearing to the 26th January, 2023, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on 27th October 2022 given by the Rend Regulation Board (Gozo), in the acts of the application number 24/2022 in the names 'John Vella et vs Sandra Attard' filed in the Registry of the said Board on 24th August, 2022, the publication of the extract reproduced below was ordered and this in order to serve as a notification with respect the respondent Sandra Attard (identity card number 340676M) of Flat 2, Giannella Flats, Triq ix-Xwejni, Marsalforn, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Rent Regulation Board

For the islands of Gozo and Comino

Sworn Application number 24/2022 (SG)

John (ID card number 28063G) and Mary (ID card number 34765G) spouses Vella of 'Sunflower', Triq John Otto Bayer, Xagħra XRA 2174, Gozo

vs

Sandra Attard (340676M) of Flat 2, Giannella Flats, Triq ix-Xwejni, Marsalforn, Gozo

Sworn application of the plaintiffs as represented by John Vella;

Who respectfully declares and confirms on oath:

1. That the plaintiffs are the owners of apartment number two (2), 'Giannella Flats', Triq ix-Xwejni, Marsalforn, Gozo;

2. That by means of an agreement dated the eleventh (11th) of May, two thousand and twenty-one (2021), the plaintiffs leased in favor of the respondent, the said apartment number two (2), 'Giannella Flats', Triq ix-Xwejni, Marsalforn, Gozo (copy of the agreement attached to the application and marked as Doc. A);

3. That this deed has been registered in terms of Cap. six hundred and four (604) of the Laws of Malta and bears the registration number LL041481 (Doc. B in the acts of the application);

4. That the applicants, by means of a registered letter dated fourteen (14th) of January, two thousand and twenty two (2022) informed the respondent that the lease agreement will no longer have effect when its term expires, namely on the fourteenth (14th) of May, two thousand and twenty-two (2022) (Doc. C in the records of the application) and was asked to immediately vacate the premises and to pay the applicant for the occupation of the aforementioned premises with effect from 14th May, 2022, until the date on which the owners manage to obtain full and effective control thereof, but despite such notice the respondent remained in default ;

5. That the lease was terminated on the 14th of May, 2022, by the Housing Authority (Doc. D attached to the application);

6. That the respondent was also informed of all this by means of a judicial letter dated fifteen (15th) July of the year two thousand and twenty-two (2022) (Judicial Letter 408/2022) (copy attached to the application and marked as Doc. E), but the respondent nevertheless remained in default;

7. That in view of all this, the applicants have no other option but to proceed with this suit since it is evident that the respondent is keeping possession of the premises with the purpose of doing all this at the expense of the applicants. Therefore, it is important for the applicants that the respondent is evicted as soon as possible from the premises so that she does not continue to take advantage of them;

8. That for the abovesaid reasons there exist all the elements required by law and in terms of Article 16A of Cap. 69 of the Laws of Malta in order for this Honourable Board to accede to these requests for eviction and payment with special summary proceedings in which the judgement will have to be pronounced at the first hearing of the lawsuit if the respondent is absent for that hearing and also because the respondent has no valid defense to give for these requests, and this is also confirmed in the sworn statement (Doc. F attached to the application) which is being filed together with this Application;

9. That the applicants know of these facts personally.

Therefore, the applicants humbly request that, prior to any necessary and opportune declaration, this Board be pleased to:

i. Hear and decide according to the request and dispense with the hearing of the case in terms of Article 16A of Cap. 69 of the Laws of Malta;

ii. Order that the respondent be evicted from apartment number two (2), 'Giannella Flats ', Triq ix-Xwejni, Marsalforn, Gozo, at a time to be established by this Honourable Board;

iii. Declare that the respondent must pay the applicants for her occupation of the premises mentioned above from the date of dissolution of the lease of the premises and that is from the fourteenth (14th) of May, two thousand and twenty two (2022) until the date of effective eviction, according to a compensation rate established and liquidated by the same Board;

iv. Condemn the respondent to pay the plaintiffs, namely the owners, this sum thus liquidated as compensation;

v. With all the costs including those of the judicial letter number 408/2022 against the respondent, with legal interest from the date of each deadline until the effective payment, against the respondent who is henceforth summoned for her oath.

The applicants reserve any remedies and other rights available to them according to the lease agreement and according to law.

Adv. Georgine Grech, Adv. Francienne Muscat

The application is adjourned for hearing to the 3rd of February, 2023, at 8.30 a.m. at the Court of Gozo, Victoria

Silvio Xerri

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

By means of a decree delivered on 29 August 2022, in the records of Appeal number 1/2013 in the names Jacqueline Polidano (ID number 236169M) vs Paul Polidano (ID 232165M), Carmel sive Charles Polidano (ID 506259M), Accommodation Property Investments Limited (C53970), Bank of Valletta plc as trustee of Polidano Trust (C2833), Polidano Brothers Limited (C8884), Riviera Resort Limited (C23519) ordered the following publication in regard to the said Jacqueline Polidano pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.

Whereas by means of an appeal by Paul Polidano (ID 232165M), in the above mentioned names the said Paul Polidano is appealing against a judgment delivered on 29th September, 2021, in the same names given by the first court because he felt aggrieved by it with the grievance being clear and manifest and consisting in the fact that the First Honourable Court erred when it awarded all the costs of the case against the appellant Paul Polidano.

Therefore, the appellant Paul Polidano, while referring to the records of the proceedings of the case, reserves to make all the observations he deems appropriate, to produce all the evidence admissible according to law at this stage and respectfully requests this Honourable Cort to uphold the appellant's appeal and while confirming the judgment in the above mentioned names decided on 29th September, 2021, in relation to the merits, it shall revoke and annul it as regards the costs and instead award all these costs against the respondents.

With costs of the two instances against the respondents.

Notification:   Jacqueline Polidano: Paul Jacq, Triq il-Feniċi, Ħal Safi SFI 1321

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered on 24 October, 2022, in the records of Appeal number 21/17 in the names HSBC Bank Malta plc vs HDE International Limited (C56555) and spouses Joseph (ID 975850M) and Mariella Gatt (ID 291861M) for any interest that may have ordered the following publication in regard to the said Joseph Gatt pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.

Whereas by means of a Reply to the Appeal and the Cross-Appeal of HSBC Bank Malta plc filed on 2nd September, 2022, in the names above mentioned HSBC Bank Malta plc replied that the judgment delivered by the First Hall of the Civil Court on 14th July, 2022, is just and deserves to be confirmed except for that part of the judgment where the counter-claims were upheld and from which a cross-appeal is being filed;

Whereas the exponent bank felt aggrieved by that part of the judgment through which it accepted the defendant company's counter-claims and liquidated the amount of ten thousand six hundred and forty three euro (€10,643.00) as damages with all the costs of both the claim as well as the counter-claim being debited to the same exponent bank. With all due respect, the exponent bank does not agree with the conclusions drawn by the first Honourable Court against it.

Therefore, the exponent Bank while making reference to the records of the proceedings and witnesses produced, requests in the first place that this Honourable Court dismisses the appeal filed by the appellant defendant company HDE International Limited and in the second place modifies the judgment of the first Honourable Court delivered on 14th July, 2022, in the sense that it revokes that part of the judgment by which it upheld the appellant defendant company's counter-claims and liquidated a sum of €10,643.00 as damages, and this with the costs of the two instances against the appellant company.

Notification: Joseph Gatt, 26 Triq J. Decelis, Birkirkara

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 10th January 2023, and upon an application numbered 3/2023, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Tracy Zhuofei in the Malta Public Registry, he effects the necessary corrections or annotations so that it appears that the name of Tracy Zhuofei is 'Tracy Zhuofei' and not 'Zhanxia'.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 29th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Guillaumier Limited vs Joseph Camilleri et, Application number 819/2022JM, the following publication was ordered for the purpose of effecting service on the respondents Joseph Camilleri and Emma Camilleri 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 Guillaumier Limited (C5659) vs Joseph Camilleri (ID 797657M) and Emma Camilleri (ID 62956M), filed in the Rent Regulation Board, on the 10th October, 2022, the applicant Guillaumier Limited (C5659) requested this Honourable Board why it should not:

i. Decide these proceedings summarily and without proceeding to trial in terms of Articles 16A of Cap. 69 of the Laws of Malta;

ii. Declare the termination of the lease agreement dated 8th February, 2018, between the parties;

iii. Order the respondents to vacate from the property and that is the premises that is warehouse with the name St Edward, marked with number 50, Triq San Albert, Gżira, within a short and peremptory time that is fixed by this Board;

iv. Declare the respondents debtors of the applicant company in the amount of €6,000 representing the arrears of rent according to the contract;

v. Condemn the respondents to pay the applicant company the amount of €6,000 with legal interest from the date of each installment of rent;

vi. Declare the respondents debtors of the applicant company in the amount of €32,300 representing the amount of rent due for the remaining period di fermo of the lease;

vii. Condemn the respondents to pay the applicant company the amount of €32,300 the remaining period di fermo that expires on the 30th January 2028.

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

Applicants: 205, 'Canon House', Triq il-Kanun, Ħamrun

Respondents: Joseph u Emma Camilleri, 'Paradise', Flat 2, Triq San Albert, Gżira

The application in the names Guillaumier Limited vs Joseph Camilleri et, Application number 819/2022JM, has been postponed for hearing to the 1st February, 2023, at 10.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 31st October 2022 of the Rent Regulation Board, in the records of the Application in the names Albert Gambin et vs Carmel Bartolo et, Application Number 514/2022LC, the following publication was ordered for the purpose of effecting service on the respondents Carmel Bartolo and Rita Bartolo 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 Albert Gambin and his wife Maria Dolores sive Mary Doris Gambin vs Carmel Bartolo and Rita Bartolo filed before the Rent Regulation Board, on the 8th June, 2022, the applicants Albert Gambin (ID 719860M) and his wife Maria Dolores sive Mary Doris Gambin (ID 417662M) requested this Honourable Board to:

1. Carry out the means test of the respondents, in terms of Article 12B(3)(c) of Cap. 158 and determine whether the same respondents meet the criteria of the means test for income and capital;

2. In the event that this Board finds that the respondents do not meet the criteria of the means test for income and capital:

a. Dissolve the lease in favour of the respondents of the property apartment internally marked number 2 at groundfloor level (l-ewwel sular) including its relative airspace, which forms part of a block officially marked number 177 in Triq Salvu Zammit, previously known as Sqaq 2 in Triq il-Karmnu, Ħal Luqa,

b. give the respondents a period of time, not exceeding two years to vacate the premises and release its vacant possession in good condition in favour of the applicants,

c. condemn the respondents to pay the applicants compensation of the annual amount established by this Honourable Board, with effect from the date of the judgement;

3.  In the event that this Board finds that the respondents meet the criteria of the means tests for income and capital:

a. Condemn the respondents to pay the applicants the revised rent to or till the amount up to 2% per annum of the free and open market value of the premises on the 1st January of the current year, which rent is revisable every six (6) years until an agreement is reached between the parties,

b. Establish those other conditions of this lease, fair in today's open market, amongst them that the respondent cannot assign the lease or sublet the premises or a part of it to third parties, can use the premises solely for residential use, cannot make structural changes, and be obliged to make the necessary repairs in the same premises, except those of extraordinary structural repairs that may be needed which are not their fault.

With costs against the respondents who are hereby summoned so that a reference to their oath be made.

Applicants: 129, Main Street, Ħaż-Żabbar

Respondents: Carmel Bartolo et, Flat 2, 177, Triq Salvu Zammit, Ħal Luqa

Housing Authority

The application in the names Albert Gambin et vs Carmel Bartolo et, Application number 514/2022LC, has been postponed for hearing to the 1st February, 2023, at 12.40 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd November, 2022, in the records of the judicial letter number 3769/2022 in the names Crystal Elaine Pace vs Alexander sive Alex Mercieca, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Alexander sive Alex Mercieca in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Alexander sive Alex Mercieca (ID 85363M) of 4, Anil, Triq il-Ħawt, Swieqi

By means of this present Crystal Elaine Pace (ID 32700L) residing at 1, St Mary, Triq Santa Bernardette Soubirous, Paola, whilst making reference to the constitution of debt deed signed between the parties dated 18th January, 2022, in the records of Dorian Sciberras, Notary Public of Malta, Note of Reference Number 1661/2022 which debt is in the amount of €12,000 and which debt was declared by you to be certain, liquid and due and this for the reasons premised in the said constitution of debt deed, which interest started accruing on the principal sum from the 18th July, 2022, till today, and this in terms of Article 253 Cap. 12 of the Laws of Malta, copy of the constitution of debt deed is here attached and marked as Doc. CEP which together with the interest and costs of this present amounts to the total amount of €12,317.13.

Thus, you are being ordered by this present letter to make the payment of €12,317.13 in terms of Article 256(2) of Cap. 12 of the Laws of Malta and this within three days from the notification to you of this letter.

In default of abiding with the contents of this letter I am authorised to proceed judicially against you without further notice, with all costs including those of this present together with legal interest against you.

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

This letter is being sent in terms of Articles 253(b) and 256(2) of Cap. 12 of the Laws of Malta to render the contract received before the notary public of Malta or another authorised public officer to receive them when the contract is regarding debt which is certain, liquid and due and which does not consist in the execution of an act, which execution will be effective after two days from the notification for the calling of payment in this judicial act.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th January, 2022, in the records of the judicial letter number 1430/2019, in the names HSBC Bank Malta plc vs Corinne Casha, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Corinée Casha (ID 559079M) of 47, Triq ir-Rebħa, Rabat

By means of this present, HSBC Bank Malta p.l.c. (C3177) of 32, Triq il-Merkanti, Valletta

Draws your formal attention to the fact that on the 14th June 2019 you were in delay of payment of the loan given to you by means of a contract in the records of Notary Dr Hugh Grima dated 27th January, 2004, in the amount of €3,091.92 and thus the interpellant company solicits you so that within two days you pay this amount. Besides the interpellant company informs you that this sum of arrears in the amount of €188.43 per month will be added after that date.

Informs you that if you fail to pay all the arrears due within fifteen days from the date of notification of this letter, the entire balance of the loan becomes due all at once besides the legal interest at the rate of 8% per annum until the date of effective payment.

To avoid useless court fees, if the payment of the loan is not possible in the time given and you need more time to pay by monthly installments, you can admit your debt towards the Bank by means of a notarial act. In this case you are requested so that within fifteen days from when you receive this letter you inform the Bank and engage a notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

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

So much so that you may know how to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th May, 2022, in the records of the judicial letter number 2251/2020, in the names J. Zammit Limited vs Philip Bianco, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Philip Bianco (ID 208092M) of 88, Lampuki, Flat 2, Triq is-Silla, Marsaskala, on the 29th October 2020, J. Zammit Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 11 till 18, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 8th day of the month and that is between the 8th January 2020 and 8th August 2020 respectively, and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €1,304.80 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.

The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.

For all the effects and purposes of law, you are warned that in terms of article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.

So much so may know how to proceed and regulate yourself.

With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.

This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th September, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1503/2021 in the names Princess Holdings Limited vs Joseph Attard, the following publication was ordered for the purpose of effecting service on the respondent Joseph Attard in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Joseph Attard (ID 0102577M) of 67, Alisa Flat 3, Triq San Patrizju, Birzebbuġa

By the present, Princess Holdings Limited (C72528) of Sharay, Triq il-Fraxxnu, St Julian's, solicits you so that immediately you pay the amount of €2625 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 21 expired bills of exchange each of value €125, which bills of exchange were due on the 2nd day of each month from August 2019 till June 2021 respectively (copies here attached and marked as Doc. A1-DocA8).

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

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

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th March, 2022, in the records of the judicial letter number 713/2022 in the names Carmelo sive Lino Portelli vs Omar Mallia the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Omar Mallia in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Omar Mallia (ID 65377M) of 56A, Mazzola, Triq il-Mazzola, St Paul's Bay, Malta

By means of this present Carmelo sive Lino Portelli (ID 597843M) of 158/2, St Philip Flats, Triq Sant'Elena, Tas-Sliema, Malta, whilst referring you to the lease of the garage without name and without official number but built on the site known as number 5 in Triq Fraxxnu, St Julian's, Malta, is informing you that the said lease is terminated with immediate effect from the 8th March, 2022, in terms of Article 1532 of Cap. 16 of the Laws of Malta and also is giving you the relative congedo by means of which he has no intention to renew the lease for another year.

Thus, the interpellant is soliciting you so that till the 8th March, 2022, you vacate the said premises including personal belongings and to return the key of the same premises directly to the interpellant.

The interpellant informs you that you are in default of payment of the rent due for the months from July 2021 till February 2022 and solicits you so that within 15 days from the date of notification of this letter you pay the interpellant the amount of €640 due for such months.

In case you remain in default in the time given to you there would be no alternative but to proceed judicially against you.

This judicial letter is being sent for all the effects and purposes of law.

So much as to regulate yourself

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th July, 2022, given by the Civil Court First Hall in the records of judicial letter number 77/2022, in the names Registrar of Civil Courts and Tribunals vs Rhys Ellul Sullivan, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur Cap. 12.

In the First Hall of the Civil Court

To Rhys Ellul Sullivan of Tahoe Place, Fl 4, Triq is-Sorijiet, St Julian's

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €2,155.43 due by you as Registry fees in connection with the law suit in the names:

Ellul Sullivan Rhys vs Vella Zachary (MH), decided on the 29th September, 2021

You can also pay online by accessing the website (ecourts.gov.mt) and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.

So much for your own guidance

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd June, 2022, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 1181/2022 in the names Regulator for Energy and Water Services vs Malcolm Vella, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Malcolm Vella (ID 429670M) of 50, Mediterranea, Triq M. A. Cagiano, St Julian's STJ 1863, on the 17th May, 2022, Regulator for Energy and Water Services of Zentgrum Business Centre, Level 1, Triq l-Imdina, Ħal Qormi, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Document A and calls upon you so that within ten (10) days you pay the sum of €1,242.00, which amount is due by you as a final and conclusive liquidation for payment of arrears for license rights bearing reference SP 441 from the year 2016 till the year 2022 – for the swimming pool in the premises 50, Mediterranea, Triq M. A. Cagiano, St Julian's STJ 1863, and for penalties of late payment regarding the same in terms of Cap. 244 of the Laws of Malta and of the subsidiary legislation 545.07.

In default of payment or opposition on your part according to the aforementioned article 466, the applicant Regulator will proceed to issue executive warrants against you according to law.

With costs of this act

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Maria Vienna McVicker vs Michael Mula et, Application number 727/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Michael Mula and Susan Mula in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Maria Vienna McVicker (ID 0035144M) vs Michael Mula (ID 111069M) and Susan Mula (ID 157071M), filed in the Rent Regulation Board, on the 7th September, 2022, the applicant Maria Vienna McVicker (ID 0035144M) requested this Honourable Board why it should not:

1.  Appoint an Architect to make an assessment of the property marked with number 80 and internally marked with number 3, Mansueta Flats, Triq Hookam Frere, Gwardamanġa, according to the free and open market value from 1st January, 2022, and also give an indication on how much the current rent on the property is;

2. Decide on and order an increase in the rent pending the hearing of the present application;

3. Decide on the payment of the new rent from the 23rd August, 2022, or from another date that the Board deems appropriate in accordance with Art 3 of Cap. 69 of the Laws of Malta;

4. Order the respondents to pay the new rent from 23rd August, 2022, or from another date that the Board deems appropriate;

5. Declare and order the new and/or additional conditions of the rent to the respondents from 23rd August, 2022, or from another date that the Board deems appropriate.

With costs

Applicants: Sardingham, Triq Sir Ugo Mifsud, Ta' Xbiex

Respondents (notification): 580, Flat 4, Mansueta Flats, Triq Hookham Frere, Gwardamanġa

The application in the names Maria Vienna McVicker vs Micahel Mula et, Application number 727/2022JM, has been postponed for hearing to the 1st February, 2023, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Elia Psaila et vs Josephine Vella et, Application number 757/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Josephine 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 Elia Psaila (ID 247934M), Theresa Psaila (ID 139337M) and Carmen Ellul (ID 242674M) vs Josephine Vella (ID 421465M) and Housing Authority, filed in the Rent Regulation Board, on the 20th September, 2022, the applicants Elia Psaila (ID 247934M) requested this Honourable Board why it should not:

1. Declare and decide that the respondent Josephine Vella (ID 421465M) is the lessee of the premises 60, Pauline, Triq is-Saljatura, Mqabba, in terms of Cap. 158 of the Laws of Malta;

2. Orders that the means test of the respondent Josephine Vella (ID 421465M) be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any regulations that may from time to time replace them, which test shall be based on the income of the lessee Vella between 1st January and 31st December, 2021, and on the capital of the respondent Vella on the 31st December, 2021;

3. Declare and decide that in terms of Act XXVII of 2018, the rent shall be revised to an amount not exceeding 2% per annum of the free and unencumbered open market value of the premises 60, Pauline, Triq is-Saljatura, Mqabba, and to establish new conditions regarding the rent, and in default if the respondent Vella does not meet the criteria of income and capital of the means test the respondent is granted a period of two years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent that was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this according to the annual rent which should have been applicable in terms of Act X of 2009 which should not be less than the annual rent due on the 1st January, 2021, which same rent is to be increased from the rent payable in the previous three years;

4. Orders, in case the respondent Vella does not satisfy the criteria of the income and capital of the means test, the eviction of the same respondent Vella from the premises 60, Pauline, Triq is-Saljatura, Mqabba, within a short and peremptory time established by this Board after two years so that this premises will be vacant.

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.

Applicants: Bernardette, Triq il-Qrendi, Mqabba

Respondent: Josephine Vella, 60, Pauline, Triq is-Saljatura, Mqabba

Housing Authority

The application in the names Elia Psaila et vs Josephine Vella et, Application number 757/2022JM, has been postponed for hearing to the 1st February, 2023, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th October, 2022, of the Rent Regulation Board, in the records of the Application in the names Francis Attard vs Carmelo Caruana, Application number 541/2022LC, the following publication was ordered for the purpose of effecting service on the respondent Carmelo Caruana 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 Francis Attard (ID 74447M) vs Carmelo Caruana (ID 916450M) and Housing Authority filed in the Rent Regulation Board, on the 10th June, 2022, the applicant Francis Attard (ID 74447M) requested this Honourable Board why it should not:

1. Order that the means test of the respondent Carmelo Caruana (ID 916450M) in terms of Act XXIV of 2021 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 might replace them and which test shall be based on the income of the lessee between 1st January and 31st December 2021 and on the capital of the lessee on the 31st December 2021 and which means test has to be carried out with a particular reference, inter alia to the regulations 4 till 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

2. Declare and decide that in terms of Act XXIV of 2021 the rent of the premises 65, Triq San Franġisk, Ħamrun, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises and in the event to established new conditions regarding the lease;

3. Order and condemn the respondent Carmelo Caruana (ID 916450M) to start paying the increased rent as liquidated with effect from the date of the filing of this application;

4. Order, in case the respondent Carmelo Caruana (ID 916450M) does not satisfy the criteria of the income and capital of the means test, the eviction of the respondent from the premises in question within a short and peremptory time fixed by this Board and by not later than two years from the date of this application.

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

Applicant: Francis Attard, 17, Sunrise, Triq ix-Xmiel, Marsaskala

respondent: Carmelo Caruana, 65A, Triq San Franġisk, Ħamrun

Housing Authority

The application in the names Francis Attard vs Carmelo Caruana et, Application number 541/2022LC, has been postponed for hearing to the 1st February, 2023, at 10.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th December, 2022, of the Civil Court (Family Section), in the records of the Application in the names Joan Antida Tabone vs Christopher Tabone, Application number 560/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Christopher Tabone 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 Joan Antida Tabone (ID 5262G) vs Christopher Tabone (ID 678858M), filed in the Civil Court (Family Section), on the 24th October, 2022, the applicant Joan Antida Tabone (ID 5262G) requested this Honourable Court to:

1. Declare the dissolution of the marriage between the parties held on the 12th November, 1983;

2. Declare and authorise that the applicant to revert to her maiden surname that is Cini, and notify this declaration and order to the Director of Public Registry to make the necessary annotations;

3. Order the Registrar of Courts so that within a short and peremptory time fixed by this Honourable Court informs the Director Public Registry with the divorce of the parties so that it is duly registered in the Public Registry and on the marriage act number 2290/1983.

And this saving any other provisions that this Court deems fit and opportune.

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

Applicant: 6A, Żebbuġ, Fl 2, Triq Ġebel San Martin, Żejtun

Notification: Earl's Court, Flat 8, Triq Wied il-Kappara, Gżira

The Application in the names Joan Antida Tabone vs Christopher Tabone, Application number 560/2022AGV, has been postponed for hearing to the 1st February, 2023, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd November, 2022, handed down by the Juvenile Court in the records of the Application number 238/2022LL, in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Katya Ancilleri, the following publication was ordered for the purpose of effecting service on the respondent Katya Ancilleri in terms of Article 187(3) et sequitur of Cap. 12.

By means of an application in the names Directorate for Child Protection within the Foundation of Social Welfare Services vs Katya Ancilleri (ID 273580M) filed in the Juvenile Court, on the 16th November, 2022, the applicant Directorate for Child Protection requested this Honourable Court so that:

1. On a preliminary basis and in terms of Article 18(3), it orders the minor to reside with the maternal aunt Kersten Ancilleri (ID 234678M) in her residence at 10, Carton John Court, Flat 7, Triq il-Baħħara, St Paul's Bay;

2. If this Honourable Court upholds the request above mentioned, order that all the necessary things regarding the minor including the passport or any identification documents, especially those regarding school, be passed on to the maternal aunt Kersten Ancilleri so that the minor … omissis … will make use of them;

3. On a preliminary basis, and in terms of Article 18(3) entrusts the care and custody of the minor exclusively to the maternal aunt Kersten Ancilleri;

4. On a preliminary basis and in terms of Article 18(3), it orders that any contact of the minor with the mother or father is to take place under supervision which supervision has to be of one hour a week according to the availability of the Directorate of Alternative Care, which access has to be regulated according to the availability of the same service, which access is recommended not to exceed one hour a week with the parents and does not to obstruct the educational activities or extra curricular activities of the minor where the Directorate of Alternative Care will have the option of taking decisions regarding the extension of the access according the respective progress;

5. In terms of Article 19(1)(c), the mother has to receive the necessary individual therapy so that she will take her psychiatric care and assures herself that it is consistent with the treatment that is necessary to improve her mental health condition and in a joint way, if it is decided by the mother that Mark Pritchard is going to be involved in the minor's life, he must take the necessary treatment in relation to the addiction he has in relation to the excessive use of alcohol;

6. Appoints the present application for a hearing in terms of Article 18(5) of Cap 602 of the Laws of Malta;

7. Appoints a Children's Advocate to provide explanations, to provide any information to the minor, to assist and represent the views of the minor before this Honourable Court in terms of article 25 of Cap. 602 of the Laws of Malta;

8. Uphold the recommendations, including the issue of the supervision order for a period of two years, of the Director of the Directorate for Child Protection as set out in the report attached as Doc. X and makes them an integral part of its final decision and subsequently refers the decision of this Honourable Court to the Review Board to review the care plan of the minor in terms of Cap 602 of the Laws of Malta.

And this under those provisions that this Honourable Court deems necessary and opportune to impose in the circumstances.

With costs

Applicant: Directorate for Child Protection, 220, Triq il-Kanun, Santa Venera

Notification Katya Ancilleri, North Appartments, flat 3, Triq San Ġilardu, St Paul's Bay

In the Juvenile Court

Magistrate: Dr Lara Lanfranco, MA Law (Melit.), BA, LLD

The Court,

Saw the application of Directorate for Child Protection and the requests therein made 16th November, 2022;

Upholds the first request and authorises that, in terms of Article 18(3) of Cap. 602 of the Laws of Malta, the minor … omissis … resides with her maternal aunt Kersten Ancilleri (ID 23478M) in her residence in 10, Carton John Court, Flat 7, Triq il-Baħħara, St Paul's Bay;

Upholds the second request and orders that all the necessary things of the minor including the passport or any identification documents, especially those regarding the school, pass on the maternal aunt Kersten Ancilleri so that the minor … omissis … can make use of them;

Upholds the third request that, in terms of Article 18(3) of Cap. 602 of the Laws of Malta, the care and custody of minor be entrusted exclusively to the maternal aunt Kersten Ancilleri;

Upholds the fourth request and orders that in terms of Article 18(3), any contact of the minor mother must be done under supervision which supervision must be one hour a week according to the availability of the Service of Access under Supervision given by the Directorate for Alternative Care, which access should be regulated according to the availability of the same service, which access is recommended not to exceed one hour a week with the parents which does not obstruct the educational and extra curricular activities of the minor, where the Directorate for Alternative Care has the option of taking decisions on the extension of access according to the respective progress;

Upholds the sixth request and in terms of Article 18(5) of Cap. 602 of the Laws of Malta sets the hearing of the application for Tuesday 22nd November, 2022, at 11.00 a.m. which is postponed for hearing for the 1st March, 2023, at 10.00 a.m.;

Upholds the seventh request and consequently appoints Dr Charmaine Cherret as the Advocate for minor child, with all the functions and obligations given to her in accordance with Article 25 of Cap. 602 of the Laws of Malta;

At this stage, it rejects the fifth and eighth requests until the evidence is heard;

Orders the notification of this decree to the minor's mother Katya Ancilleri, Dr Charmaine Cherret, to the Director for Child Protection and to the Directorate for Alternative Care (Children and Youths).

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 23rd December, 2022, Application number 2574/2022, by Charlie (Carmel) Coleiro et whereby they requested that it be declared open in favour of Charlie (Carmel), Mario, Philip, Josephine Rita (Joita) and Ruth Abela children of the decujus brothers and sisters Coleiro the succession of Maria Coleiro, widow of Giuseppe Coleiro, daughter of the late Antonio Azzopardi and Carolina Azzopardi née Micallef, born in Msida, Malta, resided in Ħal Tarxien, Malta, and died in Msida, Malta, on the 22nd July, 2022, aged 88, and who held identity card number 367834M.

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 9th December, 2022, Application number 2482/2022, by John Busuttil whereby he requested that it be declared open in his favour the succession of his sister Rachel Busuttil known also as Rachel Busuttil-Leaver, unmarried, daughter of the late Cecil Robert Busuttil and Yvonne Busuttil née Pace Decesare, born in Tas-Sliema, Malta, resided in Tas-Sliema, Malta, and died in London, United Kingdom on the 6th November, 2021, aged 59, and who held identity card number 235662M.

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 9th November, 2022, Application number 2262/2022, by Stephanie Helen Clark née Jones et whereby they requested that it be declared open in favour of Stephanie Helen Clark née Jones, Emily Louise Jones, Marion Parnis née Jones and Henry Jones children of the decujus in equal shares between them that of one fourth (1/4) undivided share each one of them the succession of Stanley Christopher Jones, divorced from Josephine Jones and widower of Anne Jones, son of the late Henry George Louis Jones and Rita Jones née Bonnici, born in Birkirkara, Malta, resided in Swieqi, Malta, and died in Swieqi, Malta, on the 22nd April, 2022, aged 72, and who held identity card number 959549M.

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 15th December, 2022, Application number 2524/2022, by Concetta Mamo née Xiberras et whereby they requested that it be declared open in favour of Concetta Mamo, 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 Rosa sive Rosette Portelli, Alessandra sive Sandra Valletta and Raymond Mamo children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Alessandro Mamo, husband of Concetta née Xiberras, son of the late Giovanni Mamo and Carmela Mamo née Dingli, born in Ħal Tarxien, Malta, resided at Paola, Malta, and died in Msida, Malt, on the 8th September, 2022, aged 87, and who held identity card number 353735M.

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 8th November, 2022, Application number 2252/2022, by Giovanni Dalli et whereby they requested that it be declared open in favour of Giovanni Dalli father 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 Marielou Dalli and Bernardette Dalli, sisters of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of David Dalli, bachelor, son of Giovanni Dalli and the late Josephine Dalli née Darmanin, born in Ħ'Attard, Malta, resided in Marsaskala, Malta and died in Marsaskala, Malta, on the 29th March, 2016, aged 45, and who held identity card number 77071M.

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 30th September, 2022, Application number 1960/2022, by Matthew Bonavia et whereby they requested that it be declared open in favour of Matthew Bonavia, Luke Bonavia, Daniela Bonavia and Paul Bonavia, children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Giuseppe Bonavia, husband of Carmen Bonavia, son of the late Grazio Bonavia and Paola Bonavia née Xuereb, born in Naxxar, Malta, resided in Mosta, Malta, and died in Mosta, Malta, on the 31st January, 2004, aged 49, and who held identity card number 593554M.

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 5th December, 2022, Application number 2441/2022, by Pasqualina Ellul et whereby they requested that it be declared open in favour of Pasqualina Ellul, mother 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 Carmen Bonnici sister of the decujus the succession of Joseph Ellul, bachelor, son of the late Carmel Ellul and Pasqualina Ellul née Bugeja, born in Tal-Pietà, Malta, resided in Marsaxlokk, Malta, and died in Marsa, Malta, on the 10th May, 2022, aged 38, and who held identity card number 0269483M.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 17th January, 2022, following a request by Smart Supermarket Limited it was ordered that deputy curators be chosen to represent the unknown heirs of Michel Demajo in the acts of the schedule of deposit number 2438/2021 in the names Smart Supermarket Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent number 2438/2021 in the names of Smart Supermarket Limited (C7910) vs Maria Grima Baldacchino, wife of Francis Grima, daughter of Emmanuele Baldacchino and Grace Baldacchino, born in Tas-Sliema on the 23rd June, 1945, and residing in Gżira (ID 0522845M) in her own name and as heir of the sub assignee Emmanuele Baldacchino, son of the late Carmelo and Carmela née Tabone born in Cospicua and resided in Valletta, his identity card number is unknown; deputy curators to represent the unknown heirs of the original assignee Michel Demajo, son of Michele Demajo and Clara born in Floriana and resided in Tas-Sliema, his identity card number is unknown, filed in the First Hall of the Civil Court on the 23rd December, 2021, the applicant Smart Supermarket Limited (C7819) respectfully submitted:

By means of a contract of the 9th December, 2014, in the records of Notary Dr Robert John Muscat, Smart Supermarket Limited acquired from Louis and his wife Helen Xuereb the terraced house with official number 79 with the name Louiselle, together with the garage with official number 81 that forms an integral part from the same house in Triq il-Mitħna, Birkirkara, with its free airspace subject to the annual and perpetual subgroundrent of €38.44 previously Lm16.50 with the obligation of payment of the laudemium. Copy of the deed is attached and marked as Doc. A. Site Plan attached and marked as Doc. SP;

On their part Louis and Helen Xuereb built the said house and garage on a divided portion of land forming part of Tal-Basli which they acquired by means of perpetual sub emphyteusis and sub groundrent of Lm16.50 from Emanuel Baldacchino by means of a contract dated 19th July, 1967, in the acts of Notary Dr George Cassar. Copy of this deed is attached and marked as Doc. B;

On his part, the said Emmanuele Baldacchino acquired the said land known as Tal-Basli in the limits of Birkirkara measuring 3460 square canes equivalent to 15,216.11m² by means of a perpetual emphyteusis from Michel Demajo in the acts of Notary George Bonello Dupuis of the 3rd December, 1959, and at the annual and perpetual groundrent of Lm425 equivalent to €989.98 per year and with the condition that Emmanuele Baldacchino has the right to redeem any amount of the groundrent with the rate of 3½%. Copy of this act is attached and marked as Doc. C;

That the annual and perpetual groundrent of €38.44 that covers both the original groundrent and the subgroundrent is paid in its entirety to Maria Grima Baldacchino as heir and/or successor in title of Emanuel Baldacchino;

The original groundrent due on the said house and garage is in the amount of Lm11.19 equivalent to €26.07 and that are due to the heirs or successors in title of Michel Demajo. Thus Lm5.31 equivalent to €12.37 is the annual and perpetual sub-groundrent due to the heirs or their successors in title of Emmanuele Baldacchino;

That the applicant does not know who the heirs or successors in title of the original assignee Michel Demajo are;

That together with this schedule of deposit the applicant is filing an application for the nomination of deputy curators to represent the interest of the unknown heirs of the original assignée Michel Demajo;

Firstly, the applicant wishes to pay the value of 5 years groundrent and subgroundrent and that is:

i.  €130.35 to the heirs of successors in title of the original assignee Michel Demajo, and

ii. €61.85 to the respondent Maria Grima Baldacchino;

Secondly, the applicant wishes to avail itself of the option given to it in terms of Article 1501 of Cap. 16 of the Laws of Malta and redeem the annual and perpetual groundrent and subgroundrent abovementioned;

That the original groundrent of €26.07 capitalised with the rate of 3.5% amounts to €744.86;

That the subgroundrent of €12.37 capitalised at the rate of 5% amounts to €247.40.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1,222.90 representing as follows:

i.  €38.44 as laudemium,

ii. €192.20 as arrears of groundrent and subgroundrent, and

iii. €992.26 as value of the relative capital.

This global amount has to be freely withdrawn after leaving the relative receipt according to law, as for:

i.  €901.28 from the unknown heirs or the successors in title of the original assignee Michel Demajo, and

ii. €321.62 from Maria Grima Baldacchino.

Applicant: Smart Supermarket Limited, Smart Supermarket, Triq in-Naxxar, Ħal Balzan.

Notification: 1. Maria Grima Baldacchino, 137, La Moreneta Triq ix-Xatt, Gżira

2. Deputy Curators

3. Director Public Registry, Valletta

4. Director of Lands, 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. Mr Justice Ian Spiteri Bailey, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 27th December, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 28th February, 2023, at half past ten in the morning (10:30 am), 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 maisonette in semi basement level, marked number twenty four (24), Nush Diom, in Autumn Leaf Court B, in Triq San Injazju ta' Loyola, previously known as Triq Ġdida fi Triq il-Ġiżwiti, Naxxar, with an area (including the front garden, the internal yard and the back yard) of circa one hundred and seventy five square metre (175sqm), overlying the level of garages of third parties at basement level and underlying third party apartments, as subject to the annual, perpetual and non revisable groundrent of ninety euro (€90) payable yearly in advance, otherwise free and unencumbered, and which enjoys in common with the other properties of the block the drainage system and the rain water drains, subject to the right of access in favour of the other tenements in the block in reasonable hours and after a prior sufficient notice to the owner for maintenance and repair purposes of services passing from the shaft or the balconies, the water tank and common television aerial/satellite reception dish, subject to and enjoys all the servitudes resulting from its position in the block and the original grantors or their successors in title remain enjoying the right to pass new services from the common areas of the block, as well as from the internal shaft and/or the terraces/balconies of the maisonette if the need be, excluding the maisonette airspace and subterrain and the land on which the block is built as the maisonette airspace as well as the overlying airspace of the block is being held by the grantor society or its successors in title, together with its sub terrain and the land on which the block is built which also remain property of the grantor society and is bounded from North West with the said street, southeast and north with other property of Camland Limited society or their successors in title or more accurate boundaries, as subect to and enjoys from all the conditions indicated in the contract dated twenty eighth October of the year two thousand and nine (28.10.2009) in the acts of Notary Doctor Reuben Debono and is valued at three hundred and thirty thousand euro (€330,000).

The said tenement is the property of Sciberras Owen (ID 161275M) and Sciberras Oxana (ID 40147A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 32/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

ARB/C002/2023 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 13th January, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Natasha Galea Sciberras LLD). Compilation Number 05/2023, in the case:

The Police

(Inspector John Leigh Howard)

Versus

RUBY OKEOMA, in employment, 35 years, son of the late Sylvester Okeoma and the late Chika Okeoma, born in Nigeria on the 11th May, 1987, and residing in 104, Galea, Flat 5, Triq il-Ġdida, Ħal Luqa, and holder of Maltese identification document bearing number 9000129A.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to RUBY OKEOMA and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where he is perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand, six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

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

Director, Asset Recovery Bureau

ARB/C031/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 28th December, 2022, given by the Criminal Court  (the Hon. Mister Justice Dr Aaron Bugeja, LLD). In the case:

The Police

(Inspector Joseph Mercieca)

Versus

JOSEPHINE FARRUGIA MIFSUD, lawyer, 44 years, daughter of the late Andrew Farrugia and Mary Farrugia née Borg, born in Tal-Pietà, Malta, on the 29th October, 1978, residing at 5, Pietra, Triq l-Inbid, Ħ'Attard, and holder of Maltese identity card bearing number 518278M.

The Court AUTHORISES the accused JOSEPHINE FARRUGIA MIFSUD to carry out payments in relation to the 'performance guarantee' from bank account ending –10003 listed in the name of the accused and held with BNF Bank plc. The amount due in relation to this payment shall be deducted from the amount that the accused is authorised to receive as per Article 5 (1) (b) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta.

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Astrid May Grima, LLD) on the 10th September, 2020, which was published in the Government Gazette on the 15th September, 2020, 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 JOSEPHINE FARRUGIA MIFSUD.

Director, Asset Recovery Bureau

ARB/C051/2020 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 5th December, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 578/2020, in the case:

The Republic of Malta

Versus

ORESTE ZAMMIT, 63 years, son of Rosario and Maria née Camilleri, born in Ħamrun, Malta, on the 8th November, 1959, residing at 'Madonna ta' Pinu', Triq B. Bontadini, Birkirkara, and holder of Maltese identity card bearing number 735259M.

The Court AUTHORISES the accused ORESTE ZAMMIT to receive the pension which he is entitled to, in the bank account ending in –8177 which is listed in the name of the accused and held at the Bank of Valletta plc. The accused shall also be entitled to withdraw from the same account ending in –8177 the amount permitted by law; even now that this case has been given a definitive sentence through the judgement dated 28th November, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature presided by the Magistrate Dr Donatella Frendo Dimech, LLD

This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 2nd November, 2020, which was published in the Government Gazette on the 5th November, 2020, 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 ORESTE ZAMMIT.

Director, Asset Recovery Bureau

CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that following judgement dated 30th November, 2022, given by the Constitutional Court as presided by His Honour the Chief Justice Mark Chetcuti, the Hon. Mr Justice Giannino Caruana Demajo and the Hon. Mr Justice Anthony Ellul. Judgement Case Number 370/2022/1, in the case:

SEBASTIAN DALLI, 66 years, son of Carmel Dalli and Emma Dalli née Bonnici, born in Ħal Qormi, Malta, on the 13th November, 1956, with the last known address of 16, Papillon, Triq l-20 ta' Jannar, Ħal Qormi, and holder of Maltese identity card bearing number 769956M.

Versus

The State Advocate and Attorney General

The Court CONFIRMS THE CANCELLATION of the freezing order of all the assets of the accused SEBASTIAN DALLI, which order was given through the decree dated 3rd February, 2009, by the Court of Magistrates (Malta) as a Court of Criminal Inquiry presided by Magistrate Dr Anthony G. Vella, LLD, in the case The Police (Superintendent J.J. Fenech) vs Sebastian Dalli which was duly published in the Government Gazette on the 13th February, 2009.

This judgement is confirming the final sentence delivered by the Civil Court, First Hall (Constitutional Jurisdiction) dated 22nd March, 2022 and which was appealed by the State Attorney and the Attorney General through their application dated 11th April, 2022.

This notice is being published in terms of Article 22A (6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.

Director, Asset Recovery Bureau

Notice in terms of Article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number: 111/2022

Application in terms of Article 495A of the Civil Code

Loreto Grima, identity card number 36364G, 18, Triq Kemuna, Għajnsielem;

John Grima, identity card number 26771G, 21, Triq Ta' Cordina, Għajnsielem

FBM Investments Limited, registration number C102031, Elzan Properties, Triq l-Arċisqof Pace, Victoria

vs

Filomena sive Phyllis Camilleri, 17, Triq Tal-Masri, Xagħra

Application of Loreto Grima et, which the said Loreto Grima confirms on oath, stating that he personally is aware of the facts stated therein:

1. That this present application relates to the following property: the house with the garden attached to it with the number twenty-one (21) and another door without a number and without a name in Triq Cordina, Għajnsielem, bordering from the south-east on the road, south-west with property of Joseph Attard and north-east with property of the successors in title of Loreto Azzopardi;

2. That this property formed part of the community of acquests between Carmelo Grima and Maria Grima;

3. Maria Grima died intestate on the third (3rd) of February two thousand and six (2006) and her three children Loreto, John and Filomena inherited her ex lege as to the quota of one third part each in that with effect from that day, this house belongs to them in the quota of one sixth undivided part each, while Carmelo Grima remained owner of the undivided half;

4. Carmelo Grima died on the twelfth (12th) of March two thousand and twenty one (2021). He regulated his succession by means of a will in the acts of the Notary Enzo Dimech of the twenty first (21st) of July two thousand and sixteen (2016) through which he nominated Loreto Grima as his universal heir. The declaration of his causa mortis transfer was made in the acts of the Notary Enzo Dimech on the sixteenth (16th) of July two thousand and twenty one (2021);

5. All the applicants except FBM Properties Limited have found the sale of this property and have effectively already entered into a promise of sale agreement, of the ninth (9th) of August two thousand and twenty two (2022) through which they are committed to sell their respective share to the same FBM Properties Limited and this at the price based on a value of six hundred thousand euros (€600,000) for the whole. This agreement has been duly registered with the Commissioner of Inland Revenue with the reference PS2022;

6. That the applicants contacted Filomena Camilleri, but she showed that she is not ready to adhere to this promise of sale agreement;

7. That the applicants believe that the price agreed in the said promise of sale agreement is an advantageous one considering the size of this property, and the state in which the building is found, as well as the location in which it is located, and all the circumstances related to these premises and this as better results from the certificate issued by Architect John Saliba;

Therefore, the applicants respectfully request that the Honourable Court be pleased to, prior to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of the Cap. 16;

1. Declare that the price as well as the conditions proposed for the sale of the applicants' share in favour of FBM Properties Limited from the property described above is fair and appropriate and that the same price and conditions shall apply to the sale that is due to the respondent from this same premises;

2. Consequently orders the publication of the deed of sale also in so far as the quota payable to the respondent, on a day, time and place to be appointed for this purpose and appoints Notary Dr Kristen Dimech to publish the opportune deed of sale, with the intervention of deputy curators in order to represent the eventual defaulters on that deed.

The application is appointed for hearing for Thursday, 2nd March, 2023, at 8:00 a.m.

John Vella

For the Registrar, Gozo Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 19th December, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Terence Zammit in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

Mapfre Middlesea plc (C-5553) of Middlesea House, Floriana and this as subrogated in the rights of its insured Martin Galea (KI 7359M) of 11, El Sueno, Triq il-Qasab, San Ġwann and also Laferla Insurance Agency Limited (C14529) of 204/7 Vincenti Buildings, Triq l-Ifran, Valletta, in their capacity as agents of the same company Mapfre Middlesea plc and the same Joseph Vella according to law and according to the policy, filed a Claim on the 14th February, 2022, whereby they asked the Court to condemn Mark Psaila Soler and Terence Zammit (ID 432074M) of 45, Xlendi Gardens, Triq il-Qsajjem, Xlendi, Munxar, Gozo, and/or Block D, Flat 3, Triq Santa Dminka, Dar Manresa, Victoria, Gozo, to pay the plaintiffs the sum of €14,556 which amount is due to the plaintiffs.

With costs and legal interests

The case (Notice number 38/2022VGA) is to be heard before Magistrate Dr Victor G. Axiak, LLD

Notification: Terence Zammit, 45, Xlendi Gardens, Triq il-Qsajjem, Xlendi, Munxar, Gozo, and/or Block D, Flat 3, Triq Santa Dminka, Dar Manresa, Vctoria, Gozo

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 17th January, 2022, following a request by Smart Supermarket Limited it was ordered that deputy curators be chosen to represent the unknown heirs of Michel Demajo in the acts of the schedule of deposit number 2439/2021 in the names Smart Supermarket Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent number 2439/2021 in the names of Smart Supermarket Limited (C7910) vs Lawrence Grech, married to Bridget Grech, son of Carmelo Grech and Carmela née Caruana, born in Birkirkara, on the 20th January, 1958, and residing in Iklin (ID 01116058M) in his own name and on behalf of the heirs of Carmelo Grech, son of Paolo and Carmela née Calleja, born and resided in Birkirkara, unknown identity card number and his wife Carmela Grech daughter of Lorenzo Caruana and Maria née Camilleri, born in Zurrieq and resided in Birkirkara (ID 249218M) 2. Maria Grima Baldacchino, wife of Francis Grima, daughter of Emmanuele Baldacchino and Grace Baldacchino, born in Tas-Sliema on the 23rd June, 1945, and residing in Gżira (ID 0522845M) in her own name and as heir of the sub assignee Emmanuele Baldacchino, son of the late Carmelo and Carmela née Tabone born in Cospicua and resided in Valletta his identity card number is unknown; 3. deputy curators to represent the unknown heirs of the orignal assignee Michel Demajo, son of Michele Demajo and Clara born in Floriana and resided in Tas-Sliema, his identity card number is unknown, filed in the First Hall of the Civil Court on the 23rd December, 2021, the applicant Smart Supermarket Limited (C7819) respectfully submitted:

That by means of a contract of the 14th February, 2020, in the records of Notary Doctor Robert John Muscat, Smart Supermarket Limited acquired from Monica Borg the house with official number 59, and with the name Laramie, together with the adjoining garage with the same house with official number 57, in Triq il-Mitħna, Birkirkara, with a back garden and with a swimming pool in it, with its subterrain and its free airspace together subject to the annual and perpetual groundrent and sub-groundrent of €69.89 previously Lm30. Copy of the deed is attached and marked as Doc. A. Site Plan attached and marked as Doc. SP;

That originally the said properties were acquired by Laurence Borg during his marriage with Monica Borg in the following way:

i) The house and the garage from Carmelo Grech, by means of a contract of the 17th February, 1972, in the records of Notary Dr Rosario Frendo Randon, subject to the annual and perpetual subgroundrent of Lm30 equivalent to €69.88 of which sixteen liri (Lm16), eight (8) shillings and six (6) pence that is Lm16.42,4 equivalent to €38.26 are their share of annual and perpetual groundrent and sub-groundrent whilst the remaining thirteen liri (Lm13), eleven (11) shillings and six (6) pence that is Lm13.57,5 equivalent to €31.62 are the increase in the annual and perpetual subgroundrent imposed by Carmelo Grech by means of the same act. A copy of this act is attached and marked as Doc. B, and

ii) The garden with the pool area, that is found on a divided portion of land measuring approximately 128.22m² from Smart Supermarket Limited by means of a contract of the 23rd February, 1993, in the records of Notary George Cassar, free and unencumbered. A copy of this deed is here attached and marked as Doc. C;

On his part, the said Carmelo Grech built the said house with the name Laramie and the garage on a part of the divided portion of land and that is on two contiguous plots with number 20 and 21 of the measurement of about 73 square canes equivalent to 3231.03m² forming part of the field called 'Tal-Basli' in a new road without a name that buts onto Triq Ganu, Birkirkara, which they acquired by means of a perpetual subemphetuesis from Emmanuele Baldacchino by means of a contract in the records of Notary Angelo Sammut of the 13th December, 1965, with the annual and perpetual subgroundrent of thirty two Maltese liri and seventeen shillings (Lm32.85) equivalent to €76.52 per year. A copy of this act is here attached and marked as document D;

On his part, the said Emmanuele Baldacchino acquired the said land known as Tal-Basli in the limits of Birkirkara measuring 3460 square canes equivalent to 15,216.11m² by means of a perpetual emphetuesis from Michel Demajo in the acts of Notary George Bonello Dupuis of the 3rd December, 1959, and at the annual and perpetual groundrent of Lm425 equivalent to €989.98 per year and with the condition that Emmanuele Baldacchino has the right to redeem any amount of the groundrent with the rate of 3½%. Copy of this act is attached and marked as Doc. E;

That original groundrent due on the said house and garage, excluding the garden with the pool area that is free and unencumbered, is in the amount of Lm3.81 equivalent to €8.87 and is due to the heirs and successors in title of the original assignée Michel Demajo;

That the subgroundrent due on the said house and garage, excluding the garden with the pool area which is free and unencumbered, is in the amount of Lm13.97 equivalent to €32.54 and is due to Maria Grima Baldacchino as heir of the sub assignee Emmanuele Baldacchino;

The applicant does not know who the heirs or successors in title of the original assignee Michel Demajo are;

That together with this schedule of deposit the applicant is filing an application for the nomination of deputy curators to represent the interest of the unknown heirs of the original assignée Michel Demajo;

Firstly, the applicant wishes to pay the value of 5 years groundrent, subgroundrent and increase in groundrent and that is:

i)  €44.35 to the heirs or successors in title of the original assignée Michel Demajo,

ii) €162.70 to Maria Grima Baldacchino, and

iii) €158.10 to the heirs of Carmelo and Carmela Grech;

Secondly, the applicant wishes to avail itself of the option given to it in terms of Article 1501 of Cap. 16 of the Laws of Malta and redeem the annual and perpetual groundrent, subgroundrent and the increase in groundrent above mentioned;

That the original groundrent of €8.87 capitalised with the rate of 3.5% amounts to €253.43;

That the subgroundrent of €32.54 capitalised at the rate of 5% amounts to €650.80;

The increase in groundrent in the amount of €31.62 capitalised at the rate of 5% amounts to €632.40.

Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €1,974.81 representing as follows:

i)  €365.15 as the arrears of groundrent,

ii) €73.03 as laudemium, and

iii) €1,536.63 as value of the relative capital.

This global amount has to be freely withdrawn after leaving the relative receipt according to law, as for:

i)  €306.65 from the unknown heirs or the successors in title of the original assignée Michel Demajo,

ii) €846.04 from Maria Grima Baldacchino, and

iii) €822.12 from Lawrence Grech.

Applicant: Smart Supermarket Limited, Smart Supermarket, Triq in-Naxxar, Ħal Balzan

Notification:

1. Lawrence Grech, 19, Rustika, Triq il-Ħwawar, Iklin

2. Maria Grima Baldacchino, 137, La Moreneta Triq ix-Xatt, Gżira

3. Deputy Curators

4. Director Public Registry, Valletta

5. Director of Lands, 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. Mr Justice Ian Spiteri Bailey, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Consumer Claims Tribunal of 4th May, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Dr Lara Buttigieg of Pathways, Maisonette 1, Triq Carmel Brincat, Birkirkara BKR 1860, filed a Claim on the 17th December 2021 whereby they asked the Tribunal to condemn Roderick Azzopardi (Gattini Gojja) of 47, Flat 101, Triq Callus, Mosta, to pay the plaintiff the sum of €1000, which amount is due to the plaintiff.

The case (CCT number 215/2021) is deferred on the 22nd February, 2023, at 10.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on 9th May, 2022, in the records of the proceedings of Appeal No. 366/11/1 in the names Mark Schembri and his wife Rita Schembri vs Vella Group Limited (C 22149), the court ordered the following publication in regard to the said Mark Schembri and his wife Rita Schembri pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.

Whereas by means of an appeal application in the names mentioned above the appellant company Vella Group Limited (C22149) felt aggrieved by the judgment dated 9th December, 2021, delivered by the First Hall of the Civil Court and is therefore interposing this humble appeal before this Honourable Court based on four grounds: 1) the First Honourable Court could never consider that the exponent company was responsible for any delay in the execution of the works or that there was any work that was not done in accordance with the proper practices of the trade; 2) the First Honourable Court was ultra petita when it ordered the exponent company to pay the plaintiffs half of any amount that the plaintiffs may be sentenced to pay as a consequence of the lawsuit number 104/2012 with the interests payable from the date of the final judgment given in the records of the case number 104/2012 since the exponent company is also a party in those proceedings; 3) the First Honourable Court erred when it considered that the interests on the sum owed by the plaintiffs should have accrued from the date of this judgment once the amount requested had been liquidated since the beginning of these proceedings; 4) There was no reason why the costs had to be divided in half between the parties since the winning party in these procedures should have been the appellant company.

Therefore, while the appellant company humbly asks this Honourable Court of Appeal to uphold this appeal and while, confirming that part of the judgment where the request of the appellant company was dismissed in part and condemned the plaintiffs to pay the defendant company the sum of one hundred and twenty nine thousand, four hundred and eight euros and thirty four cents (€129,408.34), it rescinds, annuls and revokes the rest the judgment of First Hall of the Civil Court dated 9th December, 2021, in the names Mark Schembri et vs Vella Group Limited and instead holds and decides by rejecting all the plaintiffs' claims in the original application, while upholding all the pleas raised by the appellant company, upholding all the counter-claims (with interests running on the amount owed to the appellant company by the appellants from the date of the filing of the counter-claim by the appellant company until the date of the actual payment) while dismissing the pleas to such counter-claims, with the costs of both instances against the respondent plaintiffs.

Notification: Mark Schembri and his wife Rita Schembri, Sardinella, Triq il-Wardija, St Paul's Bay, and 171, Triq il-Hena, Mellieħa

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Constitutional Court on 7th November, 2022, in the records of Appeal Application number 273/2020 in the names Juan Miguel sive Miguel Xuereb (ID 32679M) and Giuliano sive Julian Sciberras (ID 736237M), and by means of a decree of 12th April, 2022, due to the death of Giuliano Sciberras in the course of the proceedings the records of the proceedings were transfered onto the name of Michelle Doreen sive Doreen Xuereb as his universal heir vs The State Advocate and Simon Falzon (ID 107567M), it ordered the following publication in regard to the said Simon Falzon pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of an appeal application filed on 4 July, 2022, by Juan Miguel sive Miguel Xuereb (ID 32679M) et in the names above mentioned, the appellants submitted that they felt aggrieved by the judgment in the names cited above and delivered on June 16, 2022, and are therefore interposing this humble appeal. Whereas the grievances of the applicants as appellants are: 1) the First Honourable Court made an incorrect assessment of the evidence because it relied on what was stated in the first two clauses of the private deed of lease dated 30th June, 1986, between the owners and the tenant, where it was declared that the property was being rented out as decontrolled; 2) in the humble opinion of the appellants the First Honourable Court erred when it limited itself in its competence and jurisdiction simply to the competence of the First Hall of the Civil Court and not the broad one of the First Hall of the Civil Court in its Constitutional Jurisdiction since a constitutional court has all the faculties to grant different remedies than those requested by the complainant.

Therefore, the appellants, while referring to the records of the proceedings, and reserving to make all the observations they deem appropriate and to produce all the evidence admissible at law at this stage, respectfully request that this Honourable Court revokes, deletes and annuls the judgment with the cited names, Constitutional Application number 273/2020 TA decided on 16th June of the year 2022, delivered by the Honourable First Hall of the Civil Court (Constitutional Jurisdiction), upholds this humble appeal by the appellant applicants and consequently liquidates compensation for the damages suffered by the appellant applicants.

With the costs of the two instances against the respondents or any one of them.

The Appeal Application in the names Juan Miguel sive Miguel Xuereb et vs. Giuliano sive Julian Sciberras, Application number 273/2020, is deferred for hearing to 16th January, 2023, at 9.05  a.m.

Notification:   Simon Falzon, Apparell, Triq il-Fuxa, San Ġwann

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th December, 2022, Application number 2449/2022, by Maria Anna sive Annie Brincat et whereby they requested that it be declared open in favour of Annie Brincat, Joseph Saliba and Loreta sive Laura Gatt sisters of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Monique Grech and Mark Ellul children of the late Alfio Ellul the latter brother of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Carmela Ellul, unmarried, daughter of the late Giuseppe Ellul and Giorgina née Azzopardi, born in Gudja, Malta, resided in Gudja, Malta, and died in Msida, Malta, on the 27th January, 2022, aged 88, and who held identity card number 812833M.

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 27th December, 2022, on the application of Farrugia Carmelo (ID 371967M) et, Tuesday, 28th February, 2023, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) The usufruct right of the tenement number ten (10), in Triq San Lazzru, Cospicua, which includes a yard with third party windows that take  light from the same yard on each floor, with third party services passing from the same yard. Including as well a spiral staircase which is the only access to the roof. The roof area including its airspace forming part of this property, is the one overlying the front rooms, with a washroom on it, free and unencumbered, with all its rights and appurtenances, and is valued at twenty four thousand euro (€24,000);

b) The usufruct right of an overlying maisonette with number twenty eight (28), Triq Matty Grima, Bormla, with its airspace, free and unencumbered, with all its rights and appurtenances, and is valued at eighteen thousand euro (€18,000);

c) The usufruct right of the garage named Sant Anglu, number three (3), in Triq il-Kapuċċini, Ħaż-Żabbar, underlying the property of Charles Schembri, which garage has a back yard and a front garden, bounded North East with the said street, South East with property of   Lay Lay Company Limited successors and North West with property of Carmelo Balzan, built on the divided portion of land forming part of the land known as 'Ta' Santa Domenica', Ħaż- Żabbar, exempt from the obligation to pay any pious burden annually and perpetually burdening the whole territory, free and unencumbered with all its rights and appurtenances, and is subject to the servitudes of drains in favour of the overlying tenements, with right of access for them in case of maintenance and/or damage repairs, as it is and with vacant possession and is valued at twenty six thousand euro  (€26,000);

d) The usufruct right of the tenement number thirteen (13) previously twenty (20), in Sqaq il-Mirakli, Ħaż-Żabbar, free and unencumbered with its  free airspace and with all its rights and appurtenances and is valued at twenty one thousand euro (€21,000).

The said usufruct of the tenements are the property of Debora Richard (ID 397576M).

N.B. The said usufruct of the tenements will be sold as described in the acts of judicial sales number 40/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby declared that by a decree given on the 16th January, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By a decree given on the 16th January, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of ground rent bearing number 423/2022 in the names Lee Camilleri et vs deputy curators in order to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was filed on the 5th December, 2022, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable object of this schedule of deposit is a plot of land measuring one hundred and fifty nine point two nine square meters (159.29m2) forming part of the land known as Ta' Bullara, in Xagħra, Gozo, consisting of the entrance located on the south side of the same property of Ta' Bullara and a piece of the garden also known as Ta' Bullara, and the because on the north side an entrance of the width of nine cubits should be left on the side of the road and nine and a half cubits on the inner side and this entrance shall be common to all co-owners, all of which having a total area of two hundred and forty seven square meters (247m²) with all its rights and appurtenances, and which site is subject to the annual payment of three pence as perpetual ground rent, and bounded on the south with property of Michelangelo Attard, from the north with the entrance that must be cut off from the same property and from the east by the road, of the value of ten pounds sterling (£10) equivalent to twenty-three euros and twenty-nine cents (€23.29c), as shown on the attached plan to the schedule of deposit, which capitalized at five percent (5%) amounts to four hundred and sixty-five euro and eighty cents (€465.80c), which sum is being deposited under the authority of the Court and which may be freely withdrawn by the respondent on condition he tenders due receipt.

That the applicants wish to avail themselves of the faculty given to them by article 1501 et sequitur of the Civil Code and redeem this ground rent according to the law.

You, executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that he so accepts.

You are also ordered to inform each one that if they do not make this declaration within the time given above, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, mentioned above, with the testimony of Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl., a Magistrate of the aforementioned Court.

Superior Jurisdiction, General Section

John Vella

Deputy Registrar, for the Registrar, Courts and Tribunals

By means of a decree delivered on 27th December, 2022, in the records of Appeal Application number 40/2017 in the names Marion Xuereb (ID 802852M) and her husband Paul (ID 689450M) for any interest he may have vs Raymond Brincau (ID 631659M) and his wife Rita Brincau, ordered the following publication in regard to Marion Xuereb (ID 802852M) pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of an Appeal filed on 29th December, 2022, in the names mentioned above the appellants Raymond Brincau and his wife Rita Brincau felt aggrieved by the judgment delivered by the First Hall of the Civil Court on the 30th November, 2021, and they are interposing an appeal from it as the exponents are surprised by the interpretation given by the court of section 175 of Cap 12 regarding corrections and when they can be requested. In addition, an application was filed on 19th November, 2018, where the exponents requested to present further pleas in relation to the title that now existed through Act XXVII of 2018, which application was dismissed on 27th June, 2019. An appeal is also being made against this.

It is the courts themselves that know what the law is and take judicial notice of what is known by everyone. With the change of the laws the exponent obtained and continues to hold such an acquired right. The right of tenant is 'possession' according to Art. 1 of the First Protocol of the European Convention. Both under section 12A of Cap. 158 and under section 12B of Cap. 158 as introduced by Law XXVII of 2018, the exponent acquired a vested right that he had and has every right to fight for. It is true that the case did not start before the same judge, but it seems manifest that the parties were contending on a different track than the one reached by the First Hall also after the change of the judge.

Therefore, the exponents respectfully request that this Honourable Court revokes the decree of 27th June, 2019, and also revokes the judgment of 30th November, 2021, with the costs of both instances against the plaintiff.

Notification:   40, Flat 16, Dingli Court, Triq Adrian Dingli, Tas-Sliema

Dr Franco Bondin LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals