Court Notices published in Government Gazette No. 21,129 of 11th October 2023

By decree given by the Civil Court, First Hall, on the 11th September, 2023, on the application of HSBC Bank Malta plc (C3177), Tuesday, 6th February, 2024, 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:

Temporary utile dominium of the terraced house, officially numbered sixty-eight (68) built on a portion divided of land plot number four hundred and thirty-nine (439) in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of one hundred and twenty-one euro and thirteen euro cent (€121.13) per year. The ground rent ending the twenty-fifth year period from the sixth (6th) March, one thousand, nine hundred and eighty eight (1988) is revisable every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated seventeen (17th) November, one thousand nine hundred and ninety nine (1999), by which the said property was acquired from the Housing Authority, valued at seven hundred, twenty eight thousand euro and eight hundred and seventy five euro (€728,875)

The said tenement is the property of Curmi Martin (ID 559564M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 39/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Republic of Malta

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

It is hereby notified that by a decree issued on the 24th of June, 2019, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for all purposes and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure.

By a decree given on the 24th of June, 2019, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of ground rent bearing the reference number 136/2019 in names Anthony Hili et vs Deputy Curators, in order to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the property described below, which schedule of deposit was filed on the 21st of June, 2019, 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 property number 121, formerly with the official number 44, Telgħet Gwardamanġa, Gwardamanġa, limits of Tal-Pietà, Malta, as subject to an annual and perpetual ground rent of Euro and eighty-six cents (€1.86c), which capitalized at 5% amounts to €37.20.

That the applicants wish to avail themselves of the faculty given to them by article 1501 of the Civil Code and redeem this ground rent, thus depositing under the authority of the Court the said sum of €37.20c, which amount can be freely paid out to the respondents after due receipt is tendered according to law.

You are therefore ordered to affix an official copy of these banns at the entrance of this Court and hereby summon any person who wishes to enter as curator to appear within six (6) days in this Registry and file a note of this fact that he undertakes to do so.

You are also ordered to inform one and all that if they do not make this declaration within the time allowed, this Court will proceed to select a curator of office. And after you have done so, or if you encounter any obstruction in the execution of these banns, you are to inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, abovementioned with the testimony of then Magistrate Dr Paul Coppini, then namely on the 24th of June, 2019, a Magistrate of the aforesaid Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the twenty-seven (27th) of September of the year, 2023 (Decree number 116/2023BS following application number 99/2023(BS) Sam Cutajar, merried to Carmela Cutajar, son of the late Lawrence Cutajar and Grace Cutajar née Vella, born in Għasri, Gozo, and resides in Xagħra, Gozo, holder of identity card number 32048G has been confirmed interdicted from all acts of civil life.

Carmela Cutajar, pensioner, wife of Sam Cutajar, daughter of the late Lawrence Cutajar u Grace Cutajar née Vella, born in Xagħra, Gozo, and resides in Xagħra, Gozo, holder of identity card number 76751G, has been nominated as his curator by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 21st August, 2023, in the acts of Sworn Application number 846/2023AJD, which was presented on the 2nd August, 2023, in the names: Atkins Raymond vs Mercieca Alexander sive Alex, was ordered the following publication, 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: To condemn the respondent to pay the plaintiff the sum of ninety thousand euro (€90,000). With all costs and interest against the respondent who is now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 13th October, 2023, at 8.55 a.m.

Notification: Mercieca Alexander sive Alex, 4, Anil, Triq il-Ħawt, Swieqi

Register of the Superior Courts, today 9th October, 2023

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree given on 26th of July, 2023, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the records of sworn application number 52/2023(BS) in names 'Excel Investments Limited versus Raymund Camilleri' filed in the Registry in the said Court on the 3rd of May, 2023, the publication of the extract reproduced below was ordered and this in order to serve as a notification against the respondent Raymund Camilleri, identity card number 124150M, of Vella', Triq San Pietru, Għarb, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

'Whoever receives this sworn application against him must present his reply within twenty (20) days from the date of notification, namely from when he receives it. If the sworn reply is not filed in writing as required by the law within the said timeframe, the Court will proceed to give the decision according to the law.

Therefore, it is in the interest of whoever receives this sworn application to speak to a lawyer without delay so that the Court will hear what he has to say in the case.'

Application number 52/2023

Excel Investments Limited (company registration number C81721), 'Excel Investments Limited', 72, Triq Mattia Preti, Victoria, Gozo

vs

Raymund Camilleri (identity card number 124150M), 'Vella', Triq San Pietru, Għarb, Gozo

Sworn application of Excel Investments Limited

Respectfully, and under oath Mark Agius (identity card number 7888G) confirms while declaring that he has cognizance of the facts personally and in his capacity as a director of the plaintiff company, that:

1. The plaintiff company together with the defendant signed a promise of sale agreement for the purchase by the plaintiff company from Camilleri of the property consistent of an apartment internally marked with the number seven letter A at the third floor level of a block of building without number named 'Archway Court Block A', Triq Misraħ il-Barrieri, Msida, which promise of sale agreement was signed on the twenty-second (22nd) of January, two thousand and twenty-one (2021) in the presence of Notary Kristen Dimech.

2. Whereas on that agreement the plaintiff had paid the sum of five thousand euro (€5,000) as an initial deposit;

3. Whereas, then, on the first (1st) of June two thousand and twenty one (2021) the plaintiff company paid an additional sum of ten thousand euro (€10,000) to Camilleri as a deposit on account of the price;

4. Whereas the agreement expired and lost all its effects with effect from 30th November, 2021, without any of the parties taking the action envisaged in article 1357 of the Cap. 16 in order to maintain the effects of that promise of sale in force;

5. Whereas therefore the plaintiff company has the right to the refund of the deposit of fifteen thousand euro (€15,000), together with the interest on this sum with effect from the 1st of December, 2021 ;

6. Whereas despite being asked to pay the amount due through a judicial letter of the twenty-first (21st) of December, 2022 (letter number 130/2022), the defendant remained in default;

7. Whereas the plaintiff company demands to be paid the amount due to it.

Therefore, you the defendant are asked to state why this Honourable Court should not:

1. Declare that you should reimburse the plaintiff company the sum of fifteen thousand euros (€15,000) being the refund of the deposit paid on the said promise of sale agreement, together with interest from 1st December, 2021, until the date of effective payment;

2. Order you to pay this amount together with interest with effect from 1st December, 2021, until the effective payment date.

With the costs of the judicial letter of the 21st of December, 2022, letter number 130/2022.

The defendant is summoned for his oath.

​Advocate Dr Carmelo Galea

The case is adjourned to the 13th October, 2023, at 8.00 a.m. at the Gozo Court building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 2nd October, 2023, in the acts of Sworn Application number 577/2023FDP, which was presented on the 6th June, 2023, in the names: Bonello Hadrian et vs Menshova Alexandrovna Natalia, 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: Ordering the defendant to evict from the ground floor named 'Venus' 53, Triq Salvu Psaila, Birkirkara, within a short and peremptory time that is given to her by this Court. With all costs against the defendant

The Sworn Application in the names mentioned above is postponed to 23rd October, 2023, at 9.30 a.m.

Notification Respondent: Menshova Alexandrovna Natalia, 53, Triq Salvu Psaila. Birkirkara

Register of the Superior Courts, today 9th October, 2023

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

For the Registrar, Civil Courts and Tribunals