Court Notices published in Government Gazette No. 21,100 of 14th August 2023

ARB/C017/2023 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd August, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 247/2023, in the case:

The Republic of Malta

versus

SHERZOD RABBIMOV, director, 40 years, son of the late Narzulla Rabbimov and Dilbar Rabbimova née Muminova, born in Uzbekistan on the 11th July, 1983, and residing at 63, Queen's Peak, Flat 12, Triq il-Port Ruman, St Paul's Bay, and holder of Maltese identification document bearing number 462512L and expired Maltese identification document bearing number 34110A.

AND

MATNAZAR MAMUROV;

The Court AUTHORISES the accused SHERZOD RABBIMOV to carry out the following payments from the bank account listed in his name ending in -6251 and held at the Lombard Bank plc, as authorised through the decree issued by the Court of Magistrates (Malta) as a Court of Criminal Inquiry dated 3rd August, 2023:

a) Payments for home loan account ending in -6252 held at the Lombard Bank plc in the amount of €286 monthly;

b) Payments for home loan account ending in -5200 held at the Lombard Bank plc in the amount of €521 monthly;

c) Payments of the home insurance policy with reference number 163-1006765 held by Elmo Insurance Limited in the amount of €138.20 annually;

d) Payments of the home insurance policy with reference number 163M1001476 held by Elmo Insurance Limited in the amount of €118 annually;

e) Payments of the life insurance policy with reference number 200-0001667 held by IVALife Insurance Limited in the amount of €142.13 annually;

f) Payments of the life insurance policy with reference number 200-0001668 held by IVALife Insurance Limited in the amount of €283.31 annually;

g) Payment of child maintenance in favour of a third party in the amount of €160 monthly;

That these payments in their aggregate shall not exceed the annual amount of €13,976.24 that the accused SHERZOD RABBIMOV is entitled to perceive.

This variation is being published in terms of Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD) on the 2nd May, 2023, which was published in the Government Gazette on the 12th May, 2023, 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 SHERZOD RABBIMOV and Matnazar Mamurov.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C030/2023 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 24th July, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Monica Vella, LLD). Compilation Number 352/2023, in the case:

The Police

(Inspector Sarah Kathleen Zerafa)

Versus

MARK ANTHONY BONNICI, employee, 43 years, son of Victor and Marina née Templeman, born in Attard, Malta on the 17th January, 1980, and residing at 75, 'Casa Genaio', Triq Ignazio Saverio Mifsud, Birkirkara and holder of Maltese identity card bearing number 68380M.

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 MARK ANTHONY BONNICI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 5 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 and 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C031/2023 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th July, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Noel Bartolo, LLD). Compilation Number 579/2023, in the case:

The Police

(Inspector Marshal Mallia)

Versus

MIODRAG KOCIC, mechanic, 33 years, son of Dragan and Slavica, born in Belgrade, Serbia, on the 4th August, 1990, without a fixed address in Malta and holder of Serbian passport bearing number 013256435.

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 MIODRAG KOCIC 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, Chapter 101 of the Laws of Malta, and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta.

The Court AUTHORIZED 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, from which it shall be specified what moneys may be paid or received by the accused during the existence of this order, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. Provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken.

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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C032/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 30th July, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Rachel Montebello, LLD). Compilation Number 587/2023, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

RYAN CUTAJAR, driver, 37 years, son of Emanuel and Dolores née Bonavia, born in Tal-Pietà, Malta, on the 27th July, 1986, and residing at 147, 'Salvina', Triq il-Karmnu, Fgura and holder of Maltese identity card bearing number 350286M.

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 RYAN CUTAJAR and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order mentioned in Article 22A, Article 5, Article 23A, and Article 36 referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) 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.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By a decree given on the 20th July, 2023, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 25th July, 2023, on the application of Vella Wright Natalie Mary Louise (ID 298201L), Tuesday 21st November, 2023, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement with numbers two hundred and sixty one/ two hundred and sixty two (261/262), in Triq il-Kbira, Ħal Balzan, which consists of a shop Class Four (IV) situated on the semi basement level, underlying third party property, with access from a stairs leading to the street. The main commercial space leads access to all the rooms including the bathroom, the kitchenette and the box room. The tenement has a measurement of about sixty three square metre (63sqm), and is subject to the passage of rain water and drainage drains, as may be necessary for the services of the property forming part of the same block, and all the block is bounded south with the street, west with property that abuts onto Triq San Franġisk and east with property that abuts onto Triq Wied Ħal Balzan, free and unencumbered and includes all its rights and appurtenances and is valued at one hundred thousand euro (€100,000).

The said tenement is the property of Emanuel Baldacchino & Co. Limited (C44700) and Emanuel Baldacchino (ID 368682M) in his personal name and qua garanti in solidum with Emanuel Baldacchino & Co. Limited (C44700).

N.B. The said tenement will be sold as described in the acts of judicial sales number 34/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 9th June 2023, in the acts of Sworn Application number 156/2023GMG, which was presented on 14th February, 2023, in the names: Agius Josette et vs Bajada Matthew, the following publication was ordered, pursuant to Article 187(3) et sequitur of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Nominate curators to represent the eventual defaulters on the referred notarial deed. With costs against the respondent who is now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 2nd November, 2023, at 11.45 a.m.

Notification Respondent: Bajada Matthew, 29, Neuf Vie, Triq Ħal Warda, Ħ'Attard

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 21st July, 2023, of the Courts of Magistrates (Malta), in the records of the Counter-Warrant in the names Selective Quality Letting Limited vs Oswald Agius Counter Warrant Number 1582/2023 the following publication was ordered for the purpose of effecting service on Selective Quality Letting Limited in terms of Article 187(3) et sequitur of Cap 12.

By means of a Counter Warrant Number 1582/2023 filed in the Courts of Magistrates (Malta), following the Garnishee Order number 1831/2013 in the names Selective Quality Letting Limited (C28601) vs Oswald Agius (ID 0760150M) issued on the 5th July 2023, the applicant Oswald Agius (ID 0760150M) respectfully asked:

That this Honourable Court orders the issue of the opportune Counter Warrant for the under mentioned reason.

Reason: Pursuant to a judgment of the Courts of Magistrates (Malta) in the names above mentioned dated 9th April, 2014 (a copy of which is here attached and marked as Doc. A), which judgment was confirmed by the Court of Appeal (Inferior Jurisdiction) on the 5th February, 2016 (a copy of which is here attached and marked as Doc. B) wherein it was decided that the applicant does not have juridical relationship with the plaintiff company, and the appeal was not upheld.

Counter Warrant

Republic of Malta

To the Court Marshall

Whereas following the execution of the warrant to which the above application refers there are sufficient reasons according to law why this said warrant is not to remain in force.

Given by the Court above mentioned that is the Courts of Magistrates (Malta) with the witness of the Magistrate Dr Caroline Farrugia Frendo.

In the Magistrates Court (Malta)

In the records of the Counter-Warrant Number 1582/2023

The Court,

Having seen the application;

Orders service to the counterparty who has two (2) days within which to reply.

Notification: Selective Quality Letting, 92, Triq Ġorġ Borg Olivier, St Julian's

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 27th October, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Nectar Limited (C13065) of Nectar Buildings, Industrial Zone, Ta' Qali, Malta, filed a Claim on the 26th October, 2022, whereby they asked the Court to condemn Justin Haber (ID 278281M) of 158, Sapphire Court, P/H 11, Triq St Paul's Bay, to pay the plaintiff company the sum of €5,780.90, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 241/2022VGA) in the names Nectar Limited vs Justin Haber is deferred for hearing for the 9th October, 2023, at 10.30 a.m.

Notification: Justin Haber (ID 278281M) of 158, Sapphire Court, P/H 11, Triq San Pawl, St Paul's Bay

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th July 2023 of the Civil Court (Family Section), in the records of the Sworn Application in the names Janice Abela vs Dione Darmanin, Sworn Application number 22/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Dione 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 records of the Sworn Application number 22/2023AL in the names Janice Abela (ID 0373389M) vs Dione Darmanin (ID 0580390M), filed in the Civil Court (Family Section), on the 23rd June, 2023, the applicant Janice Abela (ID 0373389M) requested this Honourable Court to authorise her to present the application for the minor … omissis … so that the transfer can be made from one school to another and this without the need of the consent and signature of the respondent Dione Darmanin and this under all those conditions that this Honourable Court deems fit and opportune.

Applicant: 61, Triq l-Imriekeb, Marsaskala

Respondent: Gawhra Court, Flat 4, Triq il-Ġifen, St Paul's Bay

Civil Court (Family Section) – Honourable Madame Justice Abigail Lofaro, LLD, Stud. Rel. Mag. Jur. (Eur. Law)

Sworn Application number 22/2023AL

The Court,

Having seen the application of Janice Abela dated 23rd June, 2023,

Orders the notification to the counterparty with five (5) working days within which to submit a reply.

The application in the names Janice Abela vs Dione Darmanin, Application number 22/2023AL, has been postponed for hearing to the 8th November, 2023, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd May, 2023, of the Civil Court (Family Section), in the records of the Sworn Application in the names Janice Abela vs Dione Darmanin, Application number 22/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Dione Darmanin in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a Sworn Application number 22/2023AL in the names Janice Abela (ID 0373389M) vs Dione Darmanin (ID 0580390M) filed in the Civil Court (Family Section), on the 6th February, 2023, the applicant Janice Abela (ID 0373389M) requested this Honourable Court to:

1. Grant the exclusive care and custody of the two minors … omissis … since the respondent has not seen the children for months and much less to pay maintenance as already explained above, he has no contact with the minor children nor access and thus the plaintiff raises alone the two minors and takes care of all their financial needs and all their other needs.

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

Applicant: 61, Triq l-Imriekeb, Marsaskala

Respondent: Gawhra Court, Flat 4, Triq il-Ġifen, St Paul's Bay

The Application in the names Janice Abela vs Dione Darmanin, Application number 22/2023AL, has been postponed for hearing to the 8th November, 2023, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall 15th February, 2023, on the application of the Jonathan Pace's bankruptcy curator Dr Richard Galea Debono, Tuesday, 12th 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 Archieve, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number one (1) is situated on ground floor and forming part of a block named 'Waveline' in Triq il-Knisja in Xgħajra, Ħaż-Żabbar, valued at one hundred and seventy thousand euro (€170,000);

The apartment internally marked number two (2) is situated on the first floor and forming part of a block named 'Waveline' in Triq il-Knisja in Xgħajra, Ħaż-Żabbar, valued at one hundred and eighty thousand and eight hundred euro (€180,800);

The apartment internally market number three (3) is situated on the second floor and forming part of a block named 'Waveline' in Triq il-Knisja in Xagħjra, Ħaż-Żabbar, valued at one hundred and eighty thousand and eight hundred euro (€180,800);

Penthouse internally marked number four (4) situated on the fourth floor and forming part of a block named 'Waveline' in Triq il-Knisja in Xgħajra, Ħaż-Żabbar, with its own free airspace valued at one hundred and forty-nine thousand and six hundred euro (€149,600);

The apartment number one (1) enjoys and is subject to those servitudes resulting from its relative position within the block which include among others the passage of water pipes, drainage and also the services that are in common with the overlying properties as well as the right of guarantee use, uninterrupted and in perpetual transferable to third parties 'ad infintum' of all the parts intended for common use and which right of use is enjoyed in common with the other apartments in the block with right of access to the roof only limited to install and maintenance of a water tank of no more than five hundred litres (500lt) on the highest roof of the block and for the installation and maintenance of a common satellite dish and this as described in the acts of Notary Reuben Debono of the eleventh June of year two thousand and nine (11.6.2009).

With apartments numbers two (2) and three (3) and the penthouse includes all the common parts in the block and are subject to those servitudes arises from their relative position within the same block which include among others the passage of water pipes, drainage and also the services that are common with the overlying and underlying properties and this as described in the acts of Notary Reuben Debono of the twenty first of March of year two thousand and eleven (21.3.11).

Maisonette on the ground floor numbered four (4) named 'Shelik' forming part of a complex named 'Eureka' without its airspace and which complex is situated in f'Misraħ Karmenu Grima before known as Triq it-Tagħlim, Żejtun, forming part from a land named Is-Saliba or Mastru Gidelu or Mastru Galutin bounded on the east by the street (Misraħ Karmenu Grima, previously known as Triq it-Tagħlim) free and unencumbered and subject for those servitudes resulting from its position which include among others the passage of pipes and services to serve the overlying and underlying property and with the right of use in perpetual and uninterrupted to install water tank of no more than five hundred litres (500 lt) on the highest roof of the block and install and maintenance of common satellite dish and this as described in the acts of Notary Joseph Smith La Rosa of the fourteen May of year two thousand and eight (14.5.2008) valued at two hundred and forty five thousand euro (€245,000);

Corner shop on the ground floor level named 'Tyson Butcher' and numbered fifteen (15) in Triq il-Kanonku Giovanni De Domenico, Żejtun, without its airspace, subject to servitudes resulting from its position underlying third party property which includes common drains and drainage system, the rest is free and unencumbered with its right and appurtenances as described in the acts of Notary Vanessa Buttigieg of seventeen September of year two thousand and nine (17.9.2009) valued at two hundred and thirty (€230,000).

The said apartment number one (1) apartment in Ħaż-Żabbar, the shop 'Tyson Butcher' and the maisonette named 'Shelik' in Żejtun are property of the deceased Jonathan Pace (ID 650082M) and the appartments number two (2), three (3) and four (4) in Ħaż-Żabbar are property of the deceased Jonathan Pace (ID 277083M) and Melanie Pace (ID 650082M).

N.B. The said properties will be sold as described in the acts of judicial sales number 13/2021.

Marvic Farrugia

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 24th February, 2023, following a request of Tiffany Clinch it was ordered that deputy curators be chosen to represent the absentee Brian David Ciarlo, in the records of the General Application 64/2023AL, in the names Tiffany Clinch vs Deputy Curators and in the other relative and subsequent acts.

By means of a General Application, filed in the Civil Court (Family Section) on 8th February, 2023, in the names Tiffany Clinch (ID 177789M) vs Deputy Curators to represent the absentee Brian David Ciarlo (ID 236502L) whereby the applicant Tiffany Clinch requested this Honourable Court so that in order that on the basis of Article 154 (2) all the rights of the minor be exercised and this specifically as regards health, religion, education, care, signing of registration and/or official documentation as well as limit the exercise of the father Brian David Ciarlo.

Applicant: c/o Iuris Advocates, 36, Triq l-Arċisqof, Valletta

Notification: Deputy curators

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

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

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

Given by the Civil Court (Family Section), abovementioned, with the witness of the Hon. Mr Justice Robert G. Mangion, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 20th March, 2023, following a request of Vincent Borg it was ordered that deputy curators be chosen to represent the absentee Angela Marie Borg, in the records of the Sworn Application 52/2023AGV, in the names Vincent Borg vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court (Family Section), in the names Vincent Borg (ID 434567M) vs Deputy Curators to represent the absentee Angela Marie Borg whereby the applicant Vincent Borg (ID 434567M) requested this Honourable Court so that it:

1. Declares and pronounces the personal separation between the parties due to abandonment and also because the marriage has irretrievably broken down;

2. Declares that the respondent has forfeited any right to claim or to accept maintenance from the respondent;

3. Dissolves and terminates the community of acquests between the parties and liquidates the same in such a manner that divided portions are established and assigned to the parties and by also establishing a date from when the respondent is deemed to have forfeited any benefit acquired as a result of the work and skill of the applicant, and all this if necessary by the operation of nominated architects and by the appointment of a notary to publish the opportune deed/s and of a curator to represent the respondent in the eventual default on any preliminary agreement following the same dissolution;

4. Orders the respondent to return to the applicant the property and paraphernal credits which shall result during the course of the proceedings as well as the expenses incurred on the part of the same applicant before the marriage and this within a short and peremptory time which shall be fixed by this Court and in default of the respondent to do so, condemn her to pay the applicant that sum which shall be liquidated, if necessary by the appointment of referees, representing the value of the paraphernal property above mentioned;

5. Applies against the respondent the effects of the provisions of Articles 48 to 53 of Cap. 16 of the Laws of Malta to the extent applicable, including the compensation that lost any right inherited to the applicant;

6. Authorises the applicant to continue living in the matrimonial home or rather in the premises 123, Triq San Pawl, St Paul's Bay to the exclusion of the respondent;

7. Pronounces the dissolution of the marriage which was celebrated between the parties on the 30th June, 1995;

8. Orders the Registry of the Court so that within the time allowed for this purpose by the same Court, it notifies the Director Public Registry both with the separation and the dissolution of the parties' marriage so that these are registered in the Public Registry.

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

Applicant: 123, Triq San Pawl, St Paul's Bay

Notification: Deputy curators

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

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

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

Given by the Civil Court (Family Section), above mentioned, with the witness of the Hon. Mr Justice Robert G. Mangion, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd August, 2022, following a request by Anna Camilleri it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 1534/2022 in the names Anna Camilleri vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of ground rent number 1534/2022 in the names of Anna wife of Noel Camilleri, daughter of the late Generoso Montebello and Doris née Fenech, born in Ħ'Attard and residing in Żejtun (ID 428076M) vs Deputy Curators to represent the unknown owners of the premises found in Żejtun in Triq Sant'Alfonsu, number 8, with the name Ta' Karozz, filed in the First Hall of the Civil Court on the 17th August, 2022, the applicant Anna Camilleri (ID 428076M) respectfully submitted:

That by means of a deed of sale in the records of Notary Anthony Gatt of the 16th February, 1981, the applicant's father accepted, bought and acquired 4/5 undivided share (as the remaining 1/5 undivided share was already owned by the same purchaser) of the premises in Żejtun, Triq Sant'Alfonsu, number 8 corner with a Saint Lawrence Alley number 7 with its rights and appurtenances of the same undivided share of the said premises, which entire premises is subject to the annual and perpetual groundrent of Lm0.66c7m today equivalent to €1.55 and as better described in the relative deed (Doc. A here attached);

That by means of a will dated 10th June, 2004 (Doc. B here attached) the applicant inherited 3/5 undivided shares of the same property above mentioned from her father, keeping in mind that the remaining 2/5 belonged to her mother Doris Montebello;

That by means of a deed of donation dated 6th September, 2017, in the records of Notary Joseph Tabone the interpellant was donated by the interpellant's mother Doris Montebello by title of irrevocable and gratuitous donation 2/5 undivided shares (as 3/5 undivided shares already belong to Anna Camilleri) of the premises above mentioned (Doc. C hereby attached);

That site plan indicating the relative premises is here attached and marked Doc. D;

That the applicant is not aware of the identity of the current owners relative to the same premises above mentioned. Consequently, it is filing together with this schedule of deposit an application for the appointment of deputy curators in representation of the same;

That the applicant is a debtor towards the respondents for the last five (5) years ground rent as above described and thus in the sum of €7.75 equivalent to the ground rent of €1.55 for five (5) times;

That however the applicant wishes to avail herself of the option given to her in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the ground rent as above described in terms of the same law;

That the ground rent capitalised at the rate of 5% according to law amounts to €31.

Thus, the applicant is calling upon this Honourable Court and under its authority is depositing the global sum of €38.75 out of which the sum of €7.75 represents arrears of ground rent for the last five (5) years and the sum of €31 represents the price of redemption of the said ground rent as above mentioned so that the same sum be freely withdrawn by to the respondents after leaving the relative receipt according to law.

Applicant: 8, Ta' Karozz, Triq Sant'Alfonsu, Żejtun

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

Deputy curators

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Gianninu Caruana Demajo, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd February, 2023, in the records of the judicial letter number 1800/2022, in the names United Acceptances Finance Ltd vs Belal Said Mohamed Osman El Sherif et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Belal Said Mohamed Osman Elsherif (ID 70858A) proprio et nomine of 40, Flt 3, Triq San Franġisk, Tas-Sliema, Achraf Garboa (ID 356781M) and Door 2Door Ltd (C96271), on the 15th July 2022, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to ten (10) bills of exchange from the account number 0306320713 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked numbers 9 to 18.

The interpellant calls upon so that within two days you pay the sum of €450 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

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

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

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

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

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 22nd June, 2023, in the records of the judicial letter number 1426/2023, in the names Permanent Secretary in the Ministry for Health vs Vincent Shamaila, the Courts of Magistrates (Malta) ordered the following publication for the purpose of 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 Vincent Shamaila (ID 63912A) of Flat 3, Ent. D, Triq G. Maria Pugliesevich, Swatar, on the 10th May, 2023, Permanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €3,958.17 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government, Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.

In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.

This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.

So much for your own guidance.

With interest and costs of this present till the effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd June, 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 803/2023 in the names Jennings Camilleri vs Roberto Cassar, the following publication was ordered for the purpose of effecting service on the respondent Robert Cassar in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Roberto Cassar (ID 0172094M) of 30, Triq il-Majjistral, Vittoriosa

By the present, Jennings Camilleri (ID 207281M) of Deange, Triq Desguanes, St Paul's Bay, solits you so that within two days you pay the sum of €3600 representing balance of bill of exchange which matured besides interest and with costs till eventual payment.

In default the interpellant shall be constrained to take further action against you without further notice including the issuing of the opportune executive warrants and even a judicial sale by auction procedure. This will mean much more extra costs for you.

If you do not reply within twenty (20) days from when you are notified with this judicial letter by presenting a note in its records rejecting the request which can be signed and filed in Court by the debtor/s themselves without the néed for the signature of an advocate or legal procurator, this judicial letter will constitute an executive title against you.

This judicial act is being filed for all intents and purposes of law amongst which Article 253(e) of the Code of Organisation and Civil Procedure for the purpose of execution of the bills of exchange annexed (Doc. A-Doc. M) which according to law constitutes an executive title.

So much so that you may know how to direct yourself.

With costs and interest from the date of maturity of the bill of exchange.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th December, 2022, of the Civil Court First Hall in the records of judicial letter number 3105/2022, in the names Advocate Dr Frank Cassar vs Anthony Degiorgio, the following publication was ordered for the purpose of effecting service on the respondent Anthony Degiorgio in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Anthony Degiorgio, Victoria Flat 3, Triq is-Sagħtar, Mellieħa

By the present Advocate Dr Frank Cassar (ID 741351M) of 318, Triq d'Argens, Gżira, is solciting you so that within four (4) days, you pay the amount of €1,569.60 and the relative VAT on the same amount representing the professional right due to him of the Sworn application number 636/2014 in the names Francesco Portelli pro et noe vs Anthony Degiorgio et decided by the First Hall Civil Court on the 28th April, 2022, as results from the official tax of the same cause, which is here attached and marked as Doc. A to be rendered executable for all purposes of law.

In default the interpellant will be constrained to proceed further against you according to law without further notice.

Pay also the costs of the present judicial letter.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th June, 2023, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 1286/2023 in the names Regulator for Energy and Water Services vs Richard Tabone, 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 Richard Tabone (ID 42135M) of 341, La Cuadra, Triq San Pawl, Naxxar NXR 4010, on the 25th April, 2023, Regulator for Energy and Water Services of Zentrum 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 €2221.80, which amount is due by you as a final and conclusive liquidation for payment of arrears for license rights bearing reference SP 3260 from the year 2018 till the year 2023, for the swimming pool in the premises 341, La Cuadra, Triq San Pawl, Naxxar NXR 4010, and for penalties of late payment regarding the same in terms of Cap. 545 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 an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th June, 2023, Application number 1266/2023, by Carmela Galea et whereby they requested that it be declared open in favour of Giovanna Camilleri, Maria Muscat, Maria Lourdes Galea and Carmela Galea, sisters of the decujus in the quota of one sixth (1/6) undivided share each one of them; in favour of John Mary Grima and Marianne Caruana children of the late Michael Grima the latter brother of the decujus in the quota of one twelfth (1/12) undivided share each one of them and in favour of Mary sive Mary Rebecca Grima, wife of the late Emanuel Grima the latter brother of the decujus in the quota of one sixth (1/6) undivided share the succession of Joseph Grima, bachelor, son of the late Gamri Grima and Grazia Grima née Borg, born in Mġarr, resided in Mġarr and died in Msida, Malta, on the 27th December, 2022, aged 70, and who held identity card number 0179152M.

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 13th July, 2023, Application number 1412/2023, by Joseph Tonna et  whereby they requested that it be declared open in  favour of Giovanna sive Joan Tonna, 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 Micallef, Daniel Tonna and Joseph Tonna children of the decujus in equal shares between them  the succession of Emanuel Tonna, husband of Giovanna sive Joan Tonna, son of the late Guzeppi Tonna and Marija Tonna nee Sciberras, born in Mosta, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 17th September, 2022, aged 84, and who held identity card number 0351738M.

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 19th July, 2023, Application number 1378/2023, by Mary Lee Vassallo whereby she requested that it be declared open in favour of Annunziata Kitney née Kitney, 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 Mary Lee Vassallo daughter of the decujus the succession of Lawrence Grech, husband of Annunziata Kitney, son of the late Carmelo Grech and Anna Grech née Grima, born in Raħal Ġdid, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 3rd April, 2023, aged 62, and who held identity card number 579660M.

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 24th March, 2023, Application number 554/2023, by Franc Borg whereby he requested that it be declared open in favour of Franc Borg, Liza Dalli, Silvio Franc Borg and Michelle Denise Borg children of the decujus in equal shares between them the succession of Salvu Borg, divorced from Antonia Maria Borg née Chetcuti, son of the late Ganni Borg and Rosaria Borg née Falzon, born in Ħ'Attard, Malta, resided in Ħal Qormi, Malta, and died in Msida, Malta, on the 29th September, 2022, aged 82, and who held identity card number 0240640M.

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 1st February, 2021, Application number 167/2021, by Loretta Caruana whereby she requested that it be declared open in favour of Loretta Caruana, John Mangion, Rennie Mangion and Antoine Mangion children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of their father Carmel Mangion, legally separated from Antonia Mangion, son of the late Angelo Mangion and Crucifissa née Gauci, born in Ħal Qormi, Malta, resided in Ħamrun, Malta, and died in Tal-Pietà, Malta, on the 7th March, 1997, aged 52, and who held identity card number 593744M.

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 20th July, 2023, Application number 1390/2023, by Noel Vassallo et whereby they requested that it be declared open in favour of Noel Vassallo, Salvina sive Vivienne Armeni and Iris Cardona children of the decujus, brothers and sisters Vassallo in the quota of one third (1/3) undivided share each one of them the succession of Paul sive Paolo Vassallo, legally separated from Maria sive Mary née Falzon, son of Salvatore sive Saviour Vassallo and Giuseppa sive Josephine Vassallo née Borg, born in Siġġiewi, Malta, resided in Mġarr, Malta, and died in Ħal Qormi, Malta, on the 7th January, 2023, aged 88, and who held identity card number 0572534M.

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 issued by the Civil Court, First Hall, on the 16th June, 2023, in the acts of the Sworn Application number 502/2023MH, which was presented on the 16th May, 2023, in the names: Baldacchino Eucharist et vs Petropoljac Vladimir et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents to pay to the plaintiffs Eucharist Baldacchino the sum of thirty-three thousand, nine hundred and forty-five euro (€33,945) and to Ivan Gauci the sum of one hundred and fourteen thousand, seven hundred and sixty-eight euro (€114,768). With all costs and interest against the defendants who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 29th September, 2023, at 9.30 a.m.

Notification Respondent: Petropolijac Vladimir. Petropoljac Marianna, KingStone Group Ltd, Ondine, Flat 11, High Street, Tas-Sliema

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

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A(3) of the Civil Code issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

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

Sworn Application number 67/2023 (SG)

Maria Carmela sive Marlene Muscat holder of identity card number 13259G

Catherine sive Kitty Galea, holder of identity card number 27360G

Clementina Portelli, holder of identity card number 41950G

Francis Galea, holder of identity card number 36763G

Carmelo Galea, holder of identity card 269G

Maryanne Galea, holder of identity card number 25467G

Paul Galea, holder of identity card number 44352G

vs

Advocate Dr Kevin Mompalao who by virtue of a decree dated the 10th of August, 2023, was appointed as deputy curator to represent Joseph Galea and the unknown persons.

Sworn application of Maria Carmela sive Marlene Muscat, Catherine sive Kitty Galea, Clementina Portelli, Francis Galea, Carmelo Galea, Maryanne Galea, Paul Galea, holders of identity cards numbers 13259G, 27360G, 41950G, 36763G, 269G, 25467G and 44352G respectively and the said Maryanne Galea confirms on oath and she declares that she knows the below facts personally:

1. That this present application relates to the following property: a house with the name 'Galea House', with the number three (3) in Triq Simirat, Għajnsielem, Gozo, with the drive-in of the attached garage of the overall measurement of approximately two hundred and sixty-five square meters (265 m²) east with Triq Simirat, south with property of Carmela Rapa or their successors in title and north with property of Rita Link or successors in its title as shown in red on the plan here attached and marked document A;

2. That the parents of the contenders, Loreto and Carmela spouse Galea, were owners of four out of five (4/5) undivided shares while the remaining fifth undivided part belongs to unknown third parties;

3. That Loreto and Carmela spouse Galea had eight children, Carmelo, Francis, Mary Anne Galea, Clementia Portelli, Marlene Muscat, Catherine sive Kitty Spiteri, Paul and Joseph all Galea brothers;

4. That the said Loreto Galea died in Victoria, Gozo, on the fifteenth (15th) day of February of the year two thousand and fifteen (2015);

5. That the said Carmela Galea died in Victoria, Gozo, on the twenty-fifth (25th) day of May of the year two thousand and fifteen (2015);

6. They regulated their succession by means of the following wills:

a unica charta will in the acts of the Notary Dr Paul George Pisani of the twenty-ninth (29) of September, two thousand (2000), where they left with the title of prelegacy in favour of their son Francis Galea an undivided quarter from the place of houses of residence of the testators at number three (3) in Triq Simirat, Għajnsielem, Gozo, with the attached garage drive-in; and nominated as their universal heirs their eight (8) children and Carmelo; Francis; Mary Anne wife of Mokhtar Mohamed Elmajdubi, Catherine sive Kitty became wife of Billy Spiteri whose marriage was annulled today; Paul and Joseph Galea brothers in equal and undivided quotas between them,

another unica charta will in the acts of the Notary Dr Paul George Pisani of the sixteenth (16) of September two thousand and four (2004) will made by Loreto Galea alone in the acts of the Notary Dr Paul George Pisani on the thirty first (31) of August two thousand and ten (2010) where he through the third article left with the title of prelegacy in favour of his children: Marlene Muscat widow of Raymond Muscat and Maryanne Galea wife of Mokhtar Mohamed Elmajdubi, in equal quotas between them, three quarters (3/4) undivided of the testator's share, from the house mentioned above;

7. That by virtue of an agreement signed on the twenty-ninth (29th) day of September two thousand and twenty-two (2022), all the claimants bound themselves to sell their share of the house named 'Galea House', with number three (3) in Triq Simirat, Għajnsielem, Gozo, with the drive-in of the attached garage measuring approximately two hundred and sixty-five square meters (265 m²) to FBM Investments Limited for the price of three hundred and five thousand euro (€305,000), calculated with a value of four hundred thousand euros (€400,000) for the whole property;

8. That it was from searches done in preparation for the publication of the contract that it turned out that the spouses Galea had only four parts out of five (4/5) of this property while the other fifth part is not known to whom it belongs;

9. This agreement was duly registered with the Commissioner of Inland Revenue.

10. That FBM Investments Limited has in its favour a promise of sale of sixty one out of eighty (61/80) undivided shares;

11. That the respondent Joseph Galea has three out of eighty (3/80) undivided shares of this property while as stated above it is not known who is the owner of the remaining fifth part;

12. That the plaintiffs believe that the price agreed by the plaintiffs is an advantageous one considering the size of this property, as well as the location in which it is located, and all the circumstances related to this property and this as seen from the Architect's sworn valuation hereby attached and marked as Document B;

Therefore, the plaintiffs request with respect that the Honourable Court, provided that this application is published in the Government Gazette and in another local newspaper in terms of article 495A of the Cap. 16 and:

1. Declare that the price as well as the conditions proposed for the sale of all the plaintiffs' share of the property described above to FBM Investments Limited is fair and appropriate and that the same price and conditions shall apply to the sale of the outstanding share to the respondents from this same property;

2. Order them to comply with their fiscal obligations so that the transfer contract can be published, including by filling in the necessary tax forms as requested by the Commissioner of Inland Revenue;

3. Appoint a deputy curator so that, if the defendants fail to fill in the necessary forms, he will carry out everything necessary as preparations for the publication of the contract, including by filling in and presenting those forms based on the available information;

4. Approve the proposed sale and order the publication of the deed of sale also for what relates to the quota payable to the respondent Joseph Galea and unknown owners, on a day, time and place to be fixed for that purpose and appoint the Notary Doctor Kristen Dimech to publish the deed of opportune sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

Adv. Daniel Calleja, 83, Triq Sir Luigi Camilleri, Victoria, Gozo

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Notice in terms of article 495A (3) of the Civil Code issued by the court of Magistrates (Gozo) Superior Jurisdiction, General Section

In the Court of Magistrates (Gozo)

Superior Jurisdiction

General Jurisdiction Section

Application number 85/2023 (SG)

Application in terms of article 495A of the Civil Code in the names:

Mary Calleja holder of the identity card number 47143G and residing at 72, Triq San Ġwann, Nadur, Gozo, in her own name and on behalf of (i) Rita Camilleri holder of the Maltese passport number 1126304 and residing in New York, United States of America; (ii) Vincent Attard holder of American passport number 559343168 and residing in New York, United States of America; and (iii) Publius Attard holder of Maltese passport number MT003934 and residing in Toronto, Canada;

Joseph Attard , holder of identity card number 4842G and residing at 73, Triq San Ġwann, Nadur, Gozo;

Rose Borg holder of identity card number 45561G and residing at 'Astoria House', Triq il-Qala, Nadur, Gozo, on behalf of (i) Mary Vella holder of the Maltese passport number 791798 and residing at Woodbridge, Ontario, Canada; (ii) Rose Bruno holder of Canadian passport number QE147391 and residing at Woodbridge, Ontario, Canada; and (iii) Linda Vella, holder of Canadian passport number QD602270 and residing in Toronto, Ontario, Canada;

Gaetano Bartolo holder of identity card number 16559G and residing at 'Kruger House', Triq Wied Binġemma, Nadur, Gozo, in his own name and on behalf of (i) Bernard Bartolo, holder of identity card number 38556G and resident at 14, Triq Ta' Said, Nadur, Gozo; (ii) Publius Bartolo holder of Canadian passport number HK815099 and residing at Woodbridge, Ontario, Canada; (iii) Paul Bartolo holder of identity card number 33853G and residing at 54, Kennija, Triq is-Sienja, Ħ'Attard, Malta; (iv) Regina Bartolo holder of Australian photo card number 2038655443 and residing in New South Wales, Australia; and (v) Joseph Bartolo holder of Maltese passport number 1130480 and residing at Woodbridge, Ontario, Canada;

Mary Buttigieg holder of identity card number 49345G and resident of Mitħna Court, Apartment 2, Triq il-Miħna, Qala, Gozo in her own name and also on behalf of (i) Amanda Meilaq holder of Canadian passport number HP536276 and residing at Ajax, Canada, and (ii) Marcello Richard Mejlaq holder of Canadian passport number AB653682 and resident of Barrie, Canada;

Nicholas Mejlaq holder of identity card number 1690G and residing at 'Dar ix-Xini', Triq Karmni Grima, Għarb, Gozo;

Grace Mercieca holder of identity card number 41549G and resident of 'JoeGrace', Triq Ġużé Flores, Ta' Kerċem, Gozo;

Rose Vella, holder of identity card number 65256G and residing at 70, Triq il-Mitħna, Qala, Gozo;

Theresa Rapa holder of identity card number 26954G and residing at 'Koala Blue', Triq l-Indipendenza, Qala, Gozo; and

Joseph Meilak, holder of identity card number 23146G and residing at 'Rose Dale', Triq it-Tempju, Qala, Gozo;

And for any interest they may have:

Mario Calleja holder of identity card number 23886G and residing at 'Madonna tal-Grazzja', Triq il-Kapuċċini, Victoria, Gozo;

George Thomas Zammit holder of identity card number 31591G and resident of 36, 'Waterford Palace', Triq il-Kapuchini, Victoria, Gozo,

versus

Mary Assunta Mejlak holder of identity card number 15357G and residing at 'Mejlak Ville', Triq il-Mitħna, Qala;

Francis Mejlak holder of identity card number 23853G and residing at Menhir Court, Flat 1, Triq Dun Ġużepp Vella, Qala, Gozo;

Doris Muscat holder of the identity card number 26360G and 99, Triq Binġemma, Nadur, Gozo.

Application of Mary Calleja holder of the identity card number 47143G in her own name and on behalf of (i) Rita Camilleri holder of Maltese passport number 1126304, (ii) Vincent Attard holder of the American passport number 559343168, (iii) Publius Attard holder of Maltese passport number MT003934; and Joseph Attard, holder of identity card number 4842G; Rose Borg holder of identity card number 45561G on behalf of and on behalf of (i) Mary Vella holder of Maltese passport number 791798, (ii) Rose Bruno holder of Canadian passport number QE147391, (iii) Linda Vella , holder of Canadian passport number QD602270; Gaetano Bartolo holder of identity card number 16559G in his own name and on behalf of (i) Bernard Bartolo , holder of identity card number 38556G, (ii) Publius Bartolo holder of Canadian passport number HK815099, (iii) Paul Bartolo holder of identity card number 33853G, (iv) Regina Bartolo holder of Australian Photo Card number 2038655443, and (v) Joseph Bartolo holder of Maltese passport number 1130480; Mary Buttigieg holder of identity card number 49345G in her own name and also on behalf of (i) Amanda Meilaq holder of Canadian passport number HP536276 and (ii) Marcello Richard Liċensed holder of Canadian passport number AB653682; Nicholas Mejlaq holder of identity card number 1690G; Grace Mercieca holder of identity card number 41549G; Rose Vella, holder of the identity card number 65256G; Theresa Rapa holder of identity card number 26954G; Joseph Meilak, holder of identity card number 23146G, and for any interest they may have: Mario Calleja holder of identity card number 23886G and George Thomas Zammit of the identity card number 31591G.

Respectfully and under oath, Rose Borg, holder of identity card number 45561G and residing at 'Astoria House', Triq il-Qala, Nadur, Gozo, confirms while declaring that she personally is cognizant of the facts herein stated:

1. Whereas all the claimants, apart from Mario Calleja and George Zammit, together with the respondents, are co-owners of the property namely the houses with numbers sixty nine (69) and seventy (70) in Triq San Ġwann, in-Nadur, Gozo, with their own airspace and the subsoil, together with the attached garden, all of the overall area of circa three hundred and three square meters (303m²) as subject to the easements in situ, as better described in the promise of sale agreement of the seventh (7th) of October of the year two thousand and twenty (2020);

2. Whereas originally this property had been acquired in part through a deed of sale and purchase dated the twenty-sixth (26th) of October of the year one thousand nine hundred and twenty four (1924) in the records of the Notary Angelo Cauchi, and in part by virtue of a deed of partition dated the sixth (6th) April of the year one thousand nine hundred and forty (1940) in the records of Notary Francesco Refalo, and devolved to all the contending parties (excluding Mario Calleja and George Zammit) as listed in the Document herewith attached and marked as Document A;

3. Whereas upon all that is explained in Document A annexed, the said property is held by the contending parties in the following quotas, and that the claimants (excluding Mario Calleja and George Zammit) are the owners of sixty parts out of sixty-three (60/63) undivided part, therefore they have the majority of the shares in the said immovable while the defendants are the owners of three parts of sixty-three (3/63) undivided part. A race pole of the contending parties is attached and marked as Document B;

4. Whereas all the claimants, except for the respondents, secured the sale of this property described above and effectively entered into a promise of sale agreement dated seventh (7th) October of the year two thousand and twenty two (2022) witnessed by Notary Enzo Dimech and this as results from a copy of the promise of sale agreement herewith attached and marked as Document C , through which the claimants undertook to sell their respective share to Mario Calleja and George Zammit and this at the overall price for the entire property of two hundred and eighty thousand euros (€280,000). This promise of sale agreement has been duly registered with the Commissioner of Inland Revenue and is assigned the number PS202212955 and this as results from a copy of the registration of the promise of sale agreement attached herewith and marked as Document D. This promise of sale agreement was duly extended on the fifth (5th) of June of the year two thousand and twenty three (2023) and this as it results from a copy of the extension attached herewith and marked as Document E and also the extension was duly registered with the Commissioner of Inland Revenue as results from a copy thereof herewith attached and marked as Document E1;

5. Whereas before the promise of sale agreement was made the claimants who all agreed on the sale of the property approached the respondents in order for them to appear and sign this promise of sale agreement, however the same respondents refused to do so without any reason valid at law;

6. Whereas the applicants believe that this case fits perfectly within the provisions of article 495A of the Civil Code (Cap. 16 of the Laws of Malta) for the following reasons:

a) The property in question has been held in common by the co-owners for more than three (3) years. The communion between them began from the date of Bernard Vella's death on the twenty-seventh (27th) of December of the year one thousand nine hundred and sixty-six (1966),

b) To date no one has instituted any lawsuit before any other Court or Tribunal regarding the partition or division of this property,

c) The respondents did not cooperate for the sale of this property described earlier in this application and so the applicants are assuming that they do not agree with this sale,

d) The applicants (excluding Mario Calleja and George Zammit) are in the overwhelming majority of those who have a share of the property in question. In fact, the applicants (excluding Mario Calleja and George Zammit) are the owners of sixty out of sixty-three (60/63) undivided parts therefore they have the majority of the shares in the said immovable while the defendants are the owners of three parts out of sixty-three (3/63) undivided parts,

e) The respondents are not going to be seriously prejudiced in any way, on the contrary the claimants believe that the respondents will not be prejudiced in any way, if this sale materialises,

f) The proposed price and the conditions of the transfer as they result from the attached promise of sale agreement are fair, appropriate and advantageous taking into account the state of the property as well as all the circumstances related to the same property, including the fact that there is a ground rent that burthens it.

Therefore, the applicants are humbly asking this Honourable Court to pronounce any necessary and opportune declaration for the abovesaid reasons, so that it will be pleased to:

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

2. Order notification of this application to the respondents also in terms of article 495A of Cap. 16 of the Laws of Malta;

3. declare that the price as well as the conditions proposed for the sale of the claimant's share in favour of Mario Calleja and George Zammit, of the house numbered sixty nine (69) and seventy (70), in Triq San Ġwann, Nadur, Gozo, with its airspace and the subsoil, together with the attached garden, all of the overall measurement of circa three hundred and three square meters (303 m²) as subject to the easements in situ, are fair and appropriate and that the same price and conditions should apply to the sale of the share belonging to the respondents of this same property and that therefore there is no need for the property to be valued by an architect and civil engineer;

4. Approve, authorize and order that the sale be made in accordance with article 495A of Cap. 16 of the Laws of Malta, of the house numbered sixty nine (69) and seventy (70), in Triq San Ġwann, Nadur, Gozo, with its own airspace and the subsoil, together with the attached garden, all of the total measurement of about three hundred and three square meters (303m2) and this in terms of the promise of sale agreement dated seventh (7th) day of October of the year two thousand and twenty-two (2022) as witnessed by Notary Enzo Dimech, with the terms and conditions agreed upon and this also for what relates to the quota payable to the respondents;

5. Authorise and order to make any public acts and/or declarations and/or accessory acts for the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and signed but not limited to the publication of any causa mortis declarations necessary and required by law;

6. Set a day, time and place where the transfer of the immovable shall be made in accordance with the terms of the above promise of sale agreement or alternatively according to the conditions imposed by this Honourable Court and if necessary, any other public acts and/or declarations and/or acts accessories for the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer can be published and signed;

7. Nominate Notary Enzo Dimech to publish the public deed relative to the above promise of sale agreement and any other public deed and/or declarations and/or accessory deed to the final deed of sale and transfer, which may be necessary so that the final deed of sale and transfer could be published and enrolled;

8. Appoint and nominate deputy curators, if so necessary, from among the co-owners themselves, in order to represent the eventual defaulters on the final deed of sale and transfer and also on any other public acts and/or declarations and/or acts accessories that may be necessary so that the final deed of sale and transfer can be published and enrolled.

With all the costs of this procedure against the same respondents.

Adv. Jean Paul Grech, Jon Apartments, Flat 1, Triq Fortunato Mizzi, Victoria, Gozo

Adv. Mario Calleja, Jon Apartments, Flat 1, Triq Fortunato Mizzi, Victoria, Gozo

This application is scheduled for hearing for the 31st day of October, 2023, at 10.30 a.m., at the Court of Magistrates (Gozo), Cathedral Square, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals