Court Notices published in Government Gazette no 21,032 of 4 April 2023

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 8th April, 2022, following a request by Doctor Michelle Tabone (ID 138371M) as Burser of His Excellency Monsignour Charles J. Scicluna, Arcbishop of Malta, as Administrator of the Property of the all Malta Diocesan Eccesiastical Entities for and on behalf of Pontifical Mission Societies and the Seminary of the Archdiocese, it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 619/2022 in the names Doctor Michelle Tabone (ID 138371M) as Burser of His Excellency Monsignour Charles J. Scicluna, Arcbishop of Malta, as Administrator of the Property of the all Malta Diocesan Eccesiastical Entities for and on behalf of Pontifical Mission Societies and the Seminary of the Archdiocese 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 619/2022 in the names Doctor Michelle Tabone (ID 138371M) as Burser of His Excellency Monsignour Charles J. Scicluna, Arcbishop of Malta, as Administrator of the Property of the all Malta Diocesan Eccesiastical Entities for and on behalf of Pontifical Mission Societies and the Seminary of the Archdiocese vs deputy curators to represent the unknown direct owners filed in the First Hall of the Civil Court on the 6th April, 2022, the applicant Doctor Michelle Tabone (ID 138371M) as Burser of His Excellency Monsignour Charles J. Scicluna, Arcbishop of Malta, as Administrator of the Property of all Malta Diocesan Eccesiastical Entities for and on behalf of Pontifical Mission Societies and the Seminary of the Archdiocese respectfully submitted:

That the applicant is the emphyteuta of the premises number 34 previously 12, Triq San Lawrenz, Ħaż-Żabbar, which is subject to the annual and perpetual groundrent of €0.53 previously Lm0.22,5 marked in red on the plan here attached and marked as Doc. MT1 and as better described in the contract of the 9th February, 1980, in the records of Notary Doctor Carmelo Lia a copy of which is here attached and marked as Doc. MT2;

That for completion's sake, the applicant nomine states that this premises were bought during the marriage between Arthur Kelly and Teresa Kelly and the applicant nomine inherited the premises from Teresa Kelly who died on the 13th October, 2014 (Doc. MT3) by means of a will in the records of Notary Marco Farrugia dated 5th November, 2013, a copy of which is here attached and marked as Doc. MT4 (a copy of the will searches of the same Teresa Kelly are here attached and marked as Doc. MT5 and Doc. MT6);

That the appointed deputy curators according to law as direct owners had the right to receive the amount of €0.53 as annual and perpetual groundrent;

That the same groundrent capitalised according to law at the rate of 5% amounts to €10.69;

That the applicant nomine wishes to redeem this groundrent and thus is availing itself of the option of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta.

Thus, the applicant nomine is requesting this Honourable Court and under its authority is depositing the amount of €10.60 as redemption of groundrent regarding the premises number 34, previously 12 Triq San Lawrenz, Ħaż-Żabbar, above mentioned so that this amount will be freely withdrawn after leaving the relative receipt according to law by the appointed curators and a notification to the Director of Public Registry.

Applicant: Kurja Arciveskovili, Floriana

Notification: 1. Deputy Curators

Director Public Registry, Triq il-Merkanti, Valletta

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri, BA, Mag. Jur. (Eur. Law), LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on the 23rd of March, 2023, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Walter Zammit of 92, triq it-Trux, Għarb, Gozo:

Dr Dustin Camilleri (ID 78189M) representing the firm EMA Advocates, 61, Msida Court, First Floor, Msida Seafront, Msida, filed a claim in the Small Claims Tribunal (Gozo), Case number 26/2022 in re 'Dr Dustin Camilleri noe vs Walter Zammit', on the 27th of October, 2022, wherein it requested the Tribunal to condemn the defendant Walter Zammit to pay plaintiff the amount of €4,130 including VAT, which amount represents legal services. This despite an interpellation to pay this service the defendant remained in default.

With the costs of today's proceedings and those of the official letter number 1847/2022 and the Garnishee Order.

The hearing of this case is being deferred to the 3rd of May, 2023, at 12.00 p.m.

Rebekah Mizzi

Deputy Registrar

It is hereby notified that in virtue of a decree dated twenty-four (24th) of March of the year two thousand and twenty-three (2023) given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, Decree number 5/2011 (BS), the Court has ordered that Joelle Cilia Debono, wife of Domenic Cilia, daughter of Anthony Debono and Thereza sive Tessie née Penza, born in Victoria, Gozo, and resides in Qala, Gozo (identity card number 6988G), has been nominated as curator of the interdicted Michelina Debono, daughter of Joseph u Josephine née Xuereb, born in Qala, Gozo, and resides in Qala, Gozo (identity card number 37764G) and this in substitution of the precedent curator Thereza sive Tessie Debono, wife of Anthony Debono, daughter of the late Carmel Penza u Josephine née Bonnett, born in Tal-Pietà Malta (identity card number 396461M).

Volontary Jurisdiction

Daniel Sacco

For Registrar, Courts and Tribunals (Gozo)

It is hereby notified that by virtue of a decree given on the 21st of March, 2023, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for hearing for the purposes of service in respect of the defendant Godwin Mizzi of 61, Triq Marsalforn, Xagħra, Gozo, in terms of section 187(3) of Chapter 12 of the Laws of Malta:

Gasan Mamo Insurance Limited (C3143), together with its agent Thomas Smith Insurance Agency Limited (C5637), Wesgħet il-Vittmi tal-Gwerra, Ħal Luqa,  presented a Notice of Claim in the Small Claims Tribunal (Gozo), Claim number 26/2019 in the names 'Gasan Mamo Insurance Limited et vs Godwin Mizzi', on 17th September, 2019.

The hearing of this case is being deferred for the 25th April, 2023, at 12.00 p.m.

Rebekah Mizzi

Deputy Registrar

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 29th March 2023, and upon an application numbered 275/2023, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Charif Sleiman he makes the annotations or corrections on that Act of Birth in the column headed 'Name or names by which the child is to be called and surname' to make it appear that the name of Charif Sleiman is only 'Charif'and nothing else.

Court of Revision of Notarial Acts, today Thursday, 30th March, 2023

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

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 29th March, 2023, and upon an application numbered 204/2023, ordered:

The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth bearing number 4950/2017, so that it appears that the name and surname of the minor of Jonathan Caruana and Daniela Bugeja should appear as 'Jack Leon Caruana Bugeja'.

Court of Revision of Notarial Acts, today Thursday, 30th March, 2023

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

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 29th March, 2023, and upon an application numbered 241/2023, ordered:

The Director of the Public Registry so that he makes the necessary annotations or correction in the Act of Death bearing the number1299/1946, so that in the column headed 'Name and surname of parnets whether living or dead' instead of the words 'Carmel Xuereb (dead)' and 'Carmela Agius (dead)' the words 'Carmelo Agius (Dead)' and 'Maria Carmela Agius née Xuereb (Dead)' are inserted.

Court of Revision of Notarial Acts, today Thursday, 30th March, 2023

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 11th January, 2023, of the Civil Court (Family Section), in the records of the Application in the names Maria Cassar vs Dr Charmaine Cherrett et noe, Application number 292/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Dominic Cassar in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of sworn Application number 292/2021AL in the names Maria Cassar (ID 532387M) vs Dr Charmaine Cherrett and LP Gerald Bonello were nominated deputy curators of the absent Ramiro Cassar (ID 222081) by means of a decree of the 12th April, 2022, and by means of a decree of the 17th August, 2022, Donnie sive Dominic Cassar has become a party to represent Ramiro Cassar, filed in the Civil Court (Family Section), on the 7th December, 2021, the applicant Maria Cassar requested this Honourable Court to:

1. Pronounce the personal separation between the parties, and this for reasons imputable to the respondent, mainly due to excesses, cruelty, abuses and grave injury committed by the respondent against the applicant and subsidiarily because the marriage between the parties has irretrievably broken down;

2. Apply the provisions of Article 48 et sequitur of Cap. 16 of the Laws of Malta against the respondent in whole or in part;

3. Authorise the applicant to change her surname to her maiden surname and that is Ellul;

4. Declare the community of acquests between the parties and the existing joint property between them be dissolved and order that the same assets forming part of the community of acquests and other common property between them be divided into two portions as is ordered and established by this Court;

5. Declare that the property 27, Analise, Triq Bernardetta, Qrendi which property is solely owned by the applicant, should no longer be considered as the matrimonial home;

6. Pronounce the divorce between the parties in accordance with article 55D(3) of Cap. 16 of the Laws of Malta;

7. Authorise the applicant to register in the Public Registry the judgement that will eventually be given by this Honourable Court.

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

Applicant: Maria Cassar, 27, Anallise, Triq Bernardetta, Qrendi

Notification: Dominic Cassar, Flat 2, 251, Evergreen, Triq Tumas Chetcuti, Ħ'Attard

The Application in the names Maria Cassar vs Dr Charmaine Cherrett et noe Application number 292/2021AL, has been postponed for hearing to the 25th April, 2023, at 9.15a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th January, 2023, of the Civil Court (Family Section), in the records of the Application in the names Maria Cassar vs Dr Charmaine Cherrett et noe, Application number 292/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Dominic Cassar in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of sworn application number 292/2021AL in the names Maria Cassar (ID 532387M) vs Dr Charmaine Cherrett and LP Gerald Bonello were nominated deputy curators of the absent Ramiro Cassar (ID 222081) by means of a decree of the 12th April, 2022, and by means of a decree of the 17th August, 2022, Donnie sive Dominic Cassar has become a party to represent Ramiro Cassar, filed in the Civil Court (Family Section), on the 10th August, 2022, the applicant Maria Cassar requested this Honourable Court to:

1. Dissolve and terminate the community of acquests between the parties, with effect from the date of judgement;

2. Order the order of termination be notified to the Director of Public Registry under Article 55 of Cap. 16.

This saving any other order or direction that his Honourable Court deems fit and opportune.

Applicant: Maria Cassar, 27, Anallise, Triq Bernardetta, Qrendi

Notification: Dominic Cassar, Flat 2, 251, Evergreen, Triq Tumas Chetcuti, Ħ'Attard

Civil Courts (Family Section)

Honourable Judge Abigail Lofaro, LLD, Dip. Stud. Rel. Mag. Jur. (Eur. Law)

The Court,

Saw the application of Maria Cassar of the 10th August, 2022,

Orders the notification to the counterparty who has five working days within which to submit a reply.

The Application in the names Maria Cassar vs Dr Charmaine Cherrett et noe, Application number 292/2021AL, has been postponed for hearing to the 25th April, 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 in open Court on 21st March, 2023, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, in the records of sworn application number 4/2023(SG) in names 'Eucharist Gauci vs Dolores sive Doreen Buttigieg et' filed in the Registry of the said Court on the 9th January, 2023, the publication of the extract reproduced below was ordered and this in order to serve as notification with regard the respondents Dolores sive Doreen Buttigieg (identity card number 7167G) and for any interest that her husband Paul Buttigieg (identity card number 391200L) may have, and this in terms of article 187(3) of the Cap. 12 of the Laws of Malta.

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

Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, that is from when he receives it. If the written sworn reply is not presented as required by law within the stated time, the court will proceed to deliver its decision according to law.

Therefore it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the court can hear what he has to say in the case.

Sworn Application number 4/2023 (SG)

Gauci Eucharist

vs

Dolores sive Doreen Buttigieg (ID 7167G) and for any interest that her husband Paul Buttigieg (ID 391200L) may have

Sworn Application of Eucharist Gauci, holder of identity card number 4055G, of Joskar, 2, Triq tal-Qaċċa, Xagħra, Gozo

Respectfully declares and confirms on his oath:

1. That the defendant engaged the applicant as a contractor in order to carry out building and construction work in the site owned by her in the area known as Ta' Fuq il-Qiegħa in Triq Daħlet Qorrot, Nadur, Gozo, and this according to the contract herewith attached and marked as Doc. A;

2. That the applicant has carried out several construction works, wherein he also supplied the relative material, under the terms of the same contract and this as will result during the hearing of this case;

3. That in the course of the execution of the contract the defendant proceeded to terminate the same contract and this despite the fact that the works were still being executed;

4. That the construction works executed by the plaintiff until the moment he was stopped from continuing with the works cost a total of €148,385.83 of which only €5,000 had been paid in advance and therefore a balance of €143,385.83 is still due;

5. That even though the defendant was called up with a judicial letter of the 19th February, 2021, she remained in default and therefore this case had to be instituted;

6. That the applicant knows about these facts personally.

Therefore, in view of the above, the applicant respectfully requests that this Honourable Court to condemn the respondents or any one of them to pay the amount of €143,385.83, which debt represents the balance of the price of construction works and material carried out and supplied by the applicant on the instructions of the respondents in the site she owns in the locality known as Ta' Fuq il-Qiegħa in Triq Daħlet Qorrot, Nadur, Gozo.

With costs, including those of the judicial letter number of 19th February, 2021, and with interest from the date of the same judicial letter against the respondents who are as from now subpoenaed for their oath.

With the right of any action accorded to the plaintiff in terms of Article 1640 of Cap. 16 of the Laws of Malta.

(Signed) Advocate Dr Larry Formosa

The hearing of this sworn application is deferred to Friday, 19th May, 2023, at 9.00 a.m., at the Gozo Court's building.

Margaret De Battista

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

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction, on the 29th of March, 2023 (Application number 32/2023) by Marija Farrugia, the opening of the succession was requested of the George Farrugia, son of Joseph Farrugia and Dolores née Pace, born in Victoria, Gozo, and died in Msida, Malta, on the 15th of December, 2022, identity card number 32752G, which opening of succession should be made a in favour of his wife Marija Farrugia (ID 1254G) u his daughter Francesca Farrugia (ID 31898G) in a quota of one half (1/2) undivided each, the issue of these bands was ordered to let know everyone who may have an interest therein.

Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Daniel Sacco

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

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo), Voluntary Jurisdiction  on the 30th of March, 2023 (Application number 31/2023) by Mary Grace Xerri Azzopardi, the opening of the succession was requested of the Emilia Azzopardi, spinster, daughter of the late Giorgio Azzopardi u Grazia née Gauci, born in Ta'Sannat and died in Victoria, Gozo, on the 29th of September, 2020, identity card number 45529G, which opening of succession should be made a in favour of George Azzopardi (ID 13866G), John sive Giovann Azzopardi (ID 15569G), Mary Grace Xerri Azzopardi (ID 83773M), Georgia Vella (ID 18154G), Mary Grace Bajada (ID 26259G), Josephine Camilleri (ID 19266G), Rita Spiteri (ID 60657G), Carmel Azzopardi (ID 42761G), Paul Azzopardi (ID 51063G), Victor Xerri (ID 29954G), Joseph Azzopardi (ID 64343G), Maria Anna McDonnel (ID 237239M), Margaret Azzopardi (ID 51445G), Rita Bugeja (ID 80746G), Suor Sylvia Azzopardi u Josephine Azzopardi, in a quota of one on seventeen each (1/17) undivided each and in favour of Franco Azzopardi (ID 209374M) u Georgianne Scerri (ID 30181G) in a quota of one on thirty-four each (1/34) undivided each, the issue of these bands was ordered to let know everyone who may have an interest therein.

Therefore, anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Daniel Sacco

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

By decree given by the Civil Court, First Hall, on the 30th March, 2023, on the application of HSBC Bank Malta plc (C3177), Thursday, 14th September, 2023, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement with two entrances numbered two hundred and five (205) and two hundred and seven (207), in Triq it-Torri, Tas-Sliema, situated on the ground floor level, free and unencumbered, with all its appurtenances, which tenement is underlying a block of flats with entrance numbered two hundred and six (206) and overlying a basement level which consists of a number of garages, all property of third parties. This tenement is accessible from seven (7) steps that give access from the kerbside level onto the common area which gives direct access to the entrances of the said tenement and as well to the common entrance of the block of flats numbered two hundred and six (206). In spite that this tenement has two entrances, the internal space is one. The tenement enjoys the use of the block of flats common areas which include the entrance, the stairs and stairs landings, the lifts and the lift shaft, the drainage system and as well as the areas and services of the block intended for the common use, and enjoys to the right of installation of a television aerial and as well as laying a water tank on the roof, including the right of access to the roof for the purpose of carrying out maintenance works and necessary repairs. This tenement is bounded on the north with the said Triq it-Torri, on the east by property of Charles Vella or his successors in title and on the west by property of George Borg or his successors in title and was acquired by means of two contracts being in the acts of Notary John Gambin dated sixth August, of the year nineteen hundred, ninety three (6.8.1993) and in the acts of Notary Richard Vella Laurenti dated sixth December, of the year nineteen hundred and ninety five (6.12.1995) and is valued at two million, one hundred and eighty eight thousand euro (€2,188,000).

The said tenement is the property of Events Travel and Incentives Ltd (C13049) and by decree dated 30th June, 2022, were nominated as deputy curators Dr Leontine Calleja and LP Peter Sammut for the absent society.

N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the thirty (30th) of March of the year 2023 (Decree number: 37/2023BS following application number 30/2023(BS) Marlene Bakri, wife of Yamen Bakri, daughter of Joseph Formosa and Luigia née Borg, born in Victoria, Gozo, and resides in Żebbuġ, Gozo, holder of identity card number 7475G, has been confirmed interdicted from all acts of civil life.

Dr Jonathan Mintoff, lawyer, son of Alfred Fiteni and Coronata née Zahra born in Tal-Pietà, Malta, and resides in Victoria, Gozo, holder of identity card number 9495M, has been nominated as her curator, by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 28th March, 2023, on the application of Bank of Valletta plc (C2833), Tuesday, 25th July, 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:

Apartment internally marked numbered one (1), at first (1st) floor level, forming part of an unnumbered block named 'Bay Flats', in Triq l-Għansar, Birżebbuġa, including the use of the common parts of the block, amongst which there is the entrance, stairwell, landings and shafts, front door of the block and drain and drainage systems and the rain water systems, including also the use of the washroom and the use of a divided part of the roof that is the part that gives onto the street. The owner has the right to install a water tank and aerial and/or satellite dish antenna on the roof of the washroom. The drains and drainage systems and the rainwater gathering systems are in common for the whole block and pass through the underlying properties and the owner has the right of access to same systems (at reasonable hours) for repairs and maintenance of same. The said apartment is subject to and enjoys other servitudes resulting from its position, otherwise free and unencumbered with all its rights and appurtenances. The said block is bounded from the east by said street, north by property of family Testaferrata Moroni Viani or their successors in title and south by property of John Agius or their successors in title and is valued at one hundred and twenty-nine thousand euro (€129,000).

The said tenement is the property of Vella Jonathan (ID370487M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals