Court Notices published in Government Gazette no 21,105 of 25th August 2023

Banns for Curators

Republic of Malta

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

It is hereby notified that by virtue of a decree given on 7th August, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below and this in terms of article 931 (3) of the Code of Organisation and Civil Procedure.

By virtue of a decree given on the 7th August, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of a ground rent having number 187/2023 in the names Carmel Portelli nomine vs Deputy Curators to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was presented on the 14th July, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The immovable object of this schedule of deposit is the house numbered one hundred and thirty seven (137), already known as number one hundred and thirty eight (138), and previously as number one hundred and fourteen (114) in Triq il-Kunċizzjoni, Qala, Gozo, with its annexed garden, as better shown in red colour on the plan and site-plan attached to the schedule of deposit, which property is subject to the annual and perpetual ground rent of fifteen cent (€0.15c), which capitalized at five percent (5%) amounts to three euros (€3), which sum, together with all the arrears of ground rent which were due during the past five years amounting to seventy-five cents (€0.75), thus the global sum of three euros and seventy-five cents (€3.75c) is being deposited under the authority of the Court and can freely be withdrawn by whoever has a right to it after leaving relative receipt.

That the applicant wishes to avail himself of the faculty given to him by article 1501 et sequitur of the Civil Code and redeem this ground rent according to the law.

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

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

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

Margaret De Battista

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

By a decree of the 13th June, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by HSBC Bank Malta plc (C3177) on the 27th March, 2023, is asking for the withdrawal of the amount of one thousand and one euro and fifteen cents (€1,001.15) deposited by the Schedule of Deposit number 726/2023 in the names of:

HSBC Bank Malta plc (C3177) vs Tony Ciantar (ID 265875M)

The Court ordered the notification to the counterparty with one week to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

By decree given by the Civil Court, First Hall, on the 21st August, 2023, on the application of Paolo Colombani, passport number YA9796818, Tuesday, 28th November, 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 house officially marked with the number twelve (12) previously known as the number five (5) named 'Madonna ta' Pinu', in Triq Vinċenzo M. Pellegrini, Rabat, Malta, valued at eight hundred and forty thousand euro (€840,000).

The penthouse internally marked with the number five (5) forming part of a block of flats named 'Seaspray', in Triq it-Tartarun, Qawra, limits of St Paul's Bay, which penthouse is situated in forth floor (the fifth (5) level from the street) on top and is accessible from stairs and a common lift at the front of the block and bounded on the south by the said street, west and east by property of S. J. J. C. Limited or its successors valued at three hundred and fifty five thousand euro (€355,000).

The airspace of the penthouse internally marked with the number five (5) forming part from a block of flats named 'Seaspray', in Triq it-Tartarun, Qawra, limits of St Paul's Bay, which airspace is situated in six (6) level of the said street superfically measured of 70 m² and bounded on the south by the said street, west and east by property of S. J. J. C. Limited or its successors valued sixty five thousand euro (€65,000)

Car space internally marked with the number four (4) forming part from an unnumbered and unnamed garage and underlying block of flats named 'Seabreeze', in Triq it-Tartarun, Qawra, limits of St Paul's Bay, free and unencumbered with all its rights and bounded on the south by the said street, west by the successor of the company S. J. J. C. Limited and east by property of Etoile Limited, whilst the car space bounded on the south by common parts and on the other compass points by property of car space vender or her successors valued at thirty five thousand euro (€35,000).

The said tenement is the property of Jane Chircop (ID 466464M) carrying on trade as Sapphire Real Estate Services.

N.B. The said tenement will be sold as described in the acts of judicial sales number 52/2022.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 13th July, 2023, in the acts of the Sworn Application number 342/2023GM, which was presented on the 29th March 2023, in the names: The Burlington Ltd vs Town Properties Ltd 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: In the absence of doing the necessary works, authorize the plaintiff carries out the necessary work, at the respondent's expense, under the supervision of the architect nominated by the Court. 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 30th October, 2023, at 9.20 a.m.

Notification Respondent: Town Properties Ltd, Il-Kirxa, 18/1 St Julian's Hill, Balluta, St Julians, STJ 1341

Spiteri Jan, Balluta Terrace, Blk C, Flat 32, Ir-Rampa ta' San Ġiljan, St Julian's

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

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 19th April, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Raymond Azzopardi in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

George Camilleri (ID 0429646M) of 88, Golden Vale, Triq Ġużè Galea, Ħal Qormi, filed a Claim on the 13th April, 2023, whereby he asked the Tribunal to condemn Raymond Azzopardi (ID 327177M) of 59, Redentur, Triq Kola Xara, Rabat (Malta), to pay the plaintiff the sum of €4,325 or any other amount, which amount is due to the plaintiff.

With costs and interests

The case (Claim number 140/2023CL) is deferred on the 27th September, 2023, at 1.00 p.m.

ALEXANDRA DEBATTISTA

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 number 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 Simirat Street, 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 with the reference … and has continued to be renewed until today;

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

This sworn application is set for hearing for the sitting of the 28th September, 2023, at 8.15 a.m. at the Gozo Court, Cathedral Square, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

It is hereby notified that by virtue of a decree issued on 29 November, 2022, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of sworn application number 107/2021 in names “Peter Paul Borg versus Paul Micallef," the publication reproduced below was ordered to serve as notification in respect of the respondent Paul Micallef with address at Gatt Readymix, Triq Borg Għarib, Għajnsielem, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

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

Caution

Whoever receives this application against him must present a reply within twenty (20) days from the date of notification, namely from when he received it. If the written reply is not filed as is required by law within the stated timeframe, the Court will proceed to hand out a decision according to law.

Therefore, it is in the interest of the recipient of this 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 107/2021

Peter Paul Borg (47250G), 'Peter Nancy House', Triq il-Qala, Nadur, Gozo

vs

Paul Micallef, 'Sant'Indrija', Flat 5, Triq l-Għar ta' Karolina, Xlendi, Gozo

Sworn application of Peter Paul Borg (47250G) of 'Peter Nancy House', Triq il-Qala, Nadur, Gozo

Respectfully state:

1. Whereas the plaintiff is the owner as well as possessor of four portions of land known as 'Ta' Wied Biljun' within the limits of Qala, Gozo: (1) one measuring circa 573m2 and bordering on the west by property of the Grima family; east by property of the Spiteri family and south by property of the Tabone family or more correct boundaries; (2) another measuring circa 696 m2 bounded on the north by Triq l-Imġarr, west by property of the Grima family and east by property of a family known by the nickname 'Ta' Flejsi' or more correct boundaries; (3) another measuring circa 175 m2 bordering on the west by property of the Grima family, east and north by property of Paul Cauchi or more correct boundaries; (4) and another measuring circa 260 m2 bordering on the south by property of Joseph Cauchi, east by property of Paul Cauchi and west by property of the Spiteri family;

2. Whereas a few months ago the defendant, via Imġarr Road entered the portion of land described in number '2' and in this portion of land as well as in the portion of land below it, emptied a quantity of rubble, stones, soil and sand and this without the consent of the applicant;

3. Whereas this behaviour constitutes a violation of the plaintiff's rights as owner and possessor of this land;

4. Whereas the applicant wants the defendant to remove all the material he has deposited as described above and after doing so close the door he opened to this piece of land;

5. Whereas despite being asked several times in this regard, the defendant remained in default;

6. Whereas this case is being instituted and is being confirmed under oath by the plaintiff Peter Paul Borg who has true and proper cognizance of the facts that gave rise to this case.

The defendant therefore is asked to state why this Honourable Court shall not:

1. states that in violation of the rights of the plaintiff, the defendant acceded to his property described in the preamble and in the same land he deposited a quantity of rubble, stones, soil and sand and this without the consent of the applicant;

2. Order the defendant to clean up the same material that he has deposited in these portions of land within a short and peremptory time established for this purpose;

3. Order the defendant to close the door that he opened and that leads from the ground to the street after he has completed the works ordered in the second request;

4. Authorise the plaintiff so that in default of the defendant failing to comply with the orders of the Court to carry out the works ordered within the time given, such works will be performed by the plaintiff at the expense of the defendant.

With all costs, including those of the interpellation letter of the 2nd September, 2021, and those of the judicial letter of October 2021. With the defendant's summoning for his oath as of now.

(signed) Adv. Kevin Mompalao

This sworn application is adjourned for hearing on the 11th October 2023 at 8.00 a.m. in the building of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar

ARB/C015/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th August, 2023, given by the Criminal Court (Hon. Mister Justice Dr Neville Camilleri, LLD). In the case:

The Republic of Malta

Versus

LORRAINE FALZON;

MATTHEW PACE, employee, 47 years, son of John and Sarah née Caruana, born in St Julian's, Malta, on the 5th March, 1976, residing at 536, Triton Mansions, Blk A, Fl 11, Triq it-Turisti, St Paul's Bay, and holder of Maltese identity card bearing number 177476M.

AND

ZENITH FINANCE LIMITED;

The Court AUTHORISED MAPFRE MSV Life plc to sell the investment policy with reference number AP030020E1 held in the name of the accused MATTHEW PACE and to deposit the proceeds from this sale into the bank account listed in the name of the accused ending in -2186 and which is held at the Bank of Valletta plc.

The Court AUTHORISED Bank of Valletta plc to receive the following payments from the bank account listed in the name of the accused MATTHEW PACE ending in -2186 and which is held at the Bank of Valletta plc, as mentioned in the application dated 4th August, 2023:

a) Payments for the balances in arrears owed by the accused in relation to the below listed loan accounts held by Bank of Valletta plc from the proceeds of the sale of the mentioned investment policy held by MAPFRE MSV Life plc;

b) The amount of seven hundred and forty euro and eighty-four cents (€740.84) per month in relation to the home loan account ending in -9845 and held by Bank of Valletta plc;

c) The amount of three hundred and twenty-six euro and thirty-seven cents (€326.37) per month in relation to the home loan account ending in -9887 and held by Bank of Valletta plc;

d) The amount of six hundred and ninety-two euro and twenty-five cents (€692.25) per month in relation to the loan account ending in -2881 and held by Bank of Valletta plc;

That the Court emphasised that it is not required for an application every time that the mentioned loan payments are due.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea, LLD) on the 20th March, 2021, which was published in the Government Gazette on the 26th March, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Lorraine Falzon, MATTHEW PACE, and Zenith Finance Limited.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C033/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 14th August, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD). Compilation Number 624/2023, in the case:

The Police

(Inspector Mark Anthony Mercieca)

(Inspector John Leigh Howard)

Versus

FABIO PALUMBO, employee, 44 years, son of Emanuele and the late Carmela née Ferracane, born in Gela, Sicily, on the 3rd February, 1979, without a fixed address in Malta and holder of Italian identity card bearing number CA66440LH.

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 FABIO PALUMBO 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 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 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

ARB/C034/2023 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 23rd April, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Charmaine Galea LLD). Compilation Number 328/2023, in the case:

The Police

(Inspector Marshal Mallia)

(Inspector Kurt Farrugia)

(Inspector John Leigh Howard)

Versus

BRAIDLEY BRIFFA, waiter, 20 years, son of Jonathan Briffa and Marisa Attard, born in Tal-Pietà, Malta, on the 17th September, 2002, and residing at 510, Triq Santa Klara, Ħaż-Żabbar, and holder of Maltese identity card bearing number 328702L.

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 BRAIDLEY BRIFFA 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, Chapter 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta as made applicable by Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Chapter 621 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, 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, Article 5, 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.

That the ban on the publication of the accused Braidley Briffa's name has been lifted through decree dated 20th June, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry presided by Magistrate Dr Natasha Galea Sciberras LLD.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By a decree of the Small Claims Tribunal of the 19th January, 2023, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12) on the respondent Mahmoud Abdulazez.

GasanMamo Insurance Limited (C3143) as subrogated in the rights of its insured both by policy and by law and the same Michael Magro (ID 103869M) of Msida Road, Gżira filed a Claim on the 29th December, 2021, whereby they asked the Tribunal to condemn Mahmoud Abdulazes (ID 152979L) of 90, Flat 6, Triq l-Imsida, Santa Venera, to pay the plaintiff company the sum of €779.95, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 365/2021IS) is deferred on the 5th October, 2023, at 12.40 p.m.

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 6th July, 2022, Application number 1232/2022 by Giovanella Despott, whereby following the application Giovanella Despott, widow of Donald Despott daughter of Antonino Beneventano and Agatina Grassi Nicotra, born in Siracusa, Sicily, Italy, on the 5th October, 1938, aged 84, residing at Tas-Sliema, and holding identity card number 346281M, was incapacitated by means of a decree given on the 12th November, 2022, under the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

It is hereby notified that by a decree issued on the 18th of August, 2023, issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the records of the judicial letter number 557/2023 in the names Adv. Damien Degiorgio noe vs Blue Suisse Limited, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Blue Suisse Limited of Office 202, Gozo Innovation Hub, Triq il-Pitkalija, Xewkija, Gozo XWK 3000, and this in terms of Article 891(2) of Cap. 12 of the Laws of Malta.

By means of this judicial letter Dr Damien Degiorgio as special agent and representative of the foreign company Zeus Capital SICAV Sub-Fund 'Advance Long Short' in liquidation of 36, Rue Des Aubepines, L-8052 Bertrange, GD Luxembourg, which has a registration number of Luxembourg RCS B159523, while making reference to the money owed by you to the sender in the terms of the statement attached here and marked Doc. A, asks you that within three days of notification of the present to make the payment of the balance amount owed to the sender that is the sum of two million eight thousand, nine hundred and twenty nine euros and ninety seven cents (€2,008,929.97c).

In the absence of doing this, the sender will have no other way than to take further steps in our Courts, including the issuance of the necessary precautionary warrants, and this without any further notice.

With costs and with reservation for any other action due to the sender.

Daniel Sacco

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

Banns for Curators

Republic of Malta To the Marshall of the Court

By means of a decree given by this Court of Appeal (Superior jurisdiction), on the 17th May, 2023, following a request of Joseph Quattromani (ID 0141142M) in his own name and on behalf of the appellant company Tower Manor Ltd, it was ordered that deputy curators be chosen to represent deceased John Debono in the records of Application number 559/16 in the names: Bank of Valletta plc vs Tower Manor Limited et in the other relative and subsequent acts in the other relative and subsequent acts.

By means of an application of the 3rd May, 2023, filed in the Court of Appeal (Superior jurisdiction), in the records of the application in the names Bank of Valletta plc (C2833) vs Tower Manor Ltd (C30168), John Debono (ID 774352M), Carmela Xerri (ID 599458M), Joseph Quattromani (ID 141142M) and Maria Magdalena Quattromani (ID 614842M) the applicants, the said Joseph Quattromani and Maria Magdalena Quattromani, stated that although there was a notification according to law the respondents failed to make the declaration required under section 807(2) of Cap. 12 of the Laws of Malta, that is whether they intended to continue with the cause instead of the deceased, whilst Bank of Valletta plc opposed the transfusion of records in the name of Donna Debono;

Therefore, the applicants respectfully request that this Honourable Court appoints deputy curators to represent the interests of the deceased John Debono in terms of section 807(4) of Cap. 12 of the Laws of Malta, after ordering the publication of the bann for curators in two daily newspapers in terms of part two of section 809 of the Kap.12 of the Laws of Malta, and this under those provisions that this Honourable Court deems fit and opportune.

Applicants: Joslin, 62A, Triq Santa Maria, Mosta

Deputy Curators, The Court, 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 ex officio curators.

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 Court of Appeal (Inferior Jurisdiction), above mentioned, with the witness of the Hon. Chief Justice Mark Chetcuti, Doctor of Laws.

This day 17th May, 2023

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior jurisdiction) on the 10th May, 2023, in the records of the Appeal application number 509/2006 in the names Vincent and Jane spouses Zerafa vs Emmanuel Cilia and by decree of the 15th April, 2013, the records of the cause were transferred from the deceased Emanuel Cilia to the name of Svetlana Cilia (ID 516311L) and Dr Leslie Cuschieri and LP Hilda Ellul Mercer nominated by decree of the 15th June, 2006, as deputy curators to represent the other unknown owners of tenement number 5 in Alley number 1, Hospital Square, Ħaż-Żebbuġ (Malta), and by decree of the 16th March, 2007, Fr Joseph Bugeja, and following an authorised correction of the 30th March 2007 in his own name as well as Director for and on behalf of Pontifical Missionary Society, Lina Zerafa, Josephine Pomarico Cilia, Filippa Catania, Theresa Debono, Grace Cilia, Antoinette Resta, Janie Saliba and Sister Conċetta Cilia were called into the suit and by decree of the 30th September, 2010, the Director of the Joint Office, ordered the following publication in regard to Svetlana Cilia in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of an Appeal application number 509/2006 filed on the 17th October, 2018, in the names above premised, the appellants Vincent and Jane spouses Zerafa feel aggrieved by the judgement of the 27th September, 2018, delivered by the First Hall Civil Court, with the grievances as explained in the application, whereby this court decided the cause by rejecting all the demands of the plaintiffs (today appellants), with costs of this proceeding remaining untaxed, provided that deputy curators are to be paid according to law; and thus they are humbly filing this appeal.

Therefore, the appellants humbly ask this Honourable Court to annull and revoke the judgment given by the Honourable First Hall Civil Court on the 27th September, 2018, in the cause in the names premised and instead uphold all the demands of the plaintiff appellants whilst rejecting all the pleas of the respondents, with costs of both instances against the respondents.

The application of Appeal number 509/2006 in the names premised Vincent and Jane spouses Zerafa vs Emmanuel Cilia et is deferred for hearing to the 10th October, 2023, at 8.30 a.m.

Notify: Svetlana Cilia, Maison Noel, Triq San Filippu Mġarr (Malta)                                   

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree by the Constitutional Court on the 26th January, 2023, in the records of Appeal Application number 288/2021 in the names Patricia Curmi (ID 335066M); Grazielia Pullicino (ID 0035270M); and Stephanie Mosè Pullicino (ID 0254564M) vs the State Advocate and Rosaria Cassar (ID 615053M) ordered the following publication in regard to the said Rosaria Cassar in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of a Constitutional Appeal application number 288/21 filed on the 11th November the appellants Patricia Curmi et feel aggrieved by the judgement of the 10th November, 2022, delivered by the First Hall Civil Court Constitutional jurisdiction whereby it upheld the plaintiffs demands, but the compensation had to cover the period, as for one third undivided, from the 12th February, 2003, and as regards the full share of the premises, from the 12th May, 2006, so that the Court liquidated a sum of €30,000 with legal interests from the date of judgement till the date of effective payment when in reality, the pecuniary damage and non-pecuniary damage should not be less than €58,250, as explained in the application of the constitutional appeal.

Therefore, the appellants are asking this Honourable Constitutional Court to reform the judgement given by the First Hall Civil Court (Constitutional jurisdiction) on the 10th November, 2022, by confirming it, wherein it upheld the first and second claim and in so far as it rejected the pleas of the respondent State Advocate, and also confirms it where it upheld the plaintiffs' claims, provided that it should reform it as regards the liquidation of damages since it should be declared and decided that the right that the applicants suffered were for the whole period as demanded in their Constitutional Application, that is from 1987 to 2021, and thus the pecuniary damages should be liquidated in the amount of not less than €43,250 or other correct sum, besides non-pecuniary damage amounting to not less than €15,000, overall amounting to €58,250.

With costs of both instances against the respondent State Advocate.

The application of Appeal number 288/2021 in the names premised Patricia Curmi et vs Rosaria Cassar et has been postponed for hearing to the 23rd October, 2023, at 9.30 a.m.

Notification: Rosaria Cassar, 67, Triq iż-Żurrieq Birżebbuġa

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals