Court Notices published in Government Gazette No. 21,1152 of 17th November 2023

By means of decrees delivered by the Court of Appeal (Superior Jurisdiction) dated 17th June, 2021 and 12th October, 2023, in the records of Appeal Application No 1201/2019 in the names Raymond Mercieca (ID345954M) on behalf of Tri-Mer Services Limited (C36968) as trustee of Mistral Trust vs Dominique Peter Werner Rudolf Hiltbrunner, holder of Swiss Passport number X5015911, the court ordered the following publication in regard to the said defendant Dominique Peter Werner Rudolf Hiltbrunner in terms of Article 187(3) et sequitur of Chapter 12 of the Laws of Malta.

By means of an Appeal Application No. 1201/2019 filed on the 10th December 2020 in the names premised above the appellant Raymond Mercieca noe felt aggrieved by the judgement of the First Hall Civil Court, delivered on the 25th November, 2020 in these names, since the judgement dismissed the plaintiff's demands with costs against the same plaintiff, and he is thus filing this appeal on the basis, inter alia, of a wrong evaluation of the facts by the Court of First Instance.

Therefore the exponent appellant is humbly asking this Honourable Court of Appeal to cancel and revoke the judgement appealed delivered on the 25th November 2020 in the above mentioned names and uphold the demands of the plaintiff appellant with costs of both instances against the respondent.

Appeal Application No. 1201/2019 in the names Raymond Mercieca on behalf of the company Tri-Mer Services Limited as trustee of Mistral Trust vs. Dominique Peter Werner Rudolf Hiltbrunner is deferred to 11 January 2024 at 9.15 a.m.

Notification: Dominique Peter Werner Rudolf Hiltbrunner, Baywaters Apartment 3, Telgħet il-Bajja, San Ġwann.

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 8th August, 2023, on the application of D Peak Limited (C12224) Tuesday, 16th January, 2024, at 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 said property:

The tenements unofficially marked with the number one (1) and with the number two (2) situated on the second floor and have a common entrance in Triq il-Marfa, Mellieħa, which entrance is officially marked with the number twenty (20) with its own relative airspace usquead inferoes, free and unencumbered as well as of the tenements number eighteen (18), nineteen (19), twenty one (21), twenty two (22) Triq il-Marfa, Mellieħa, with their own relative airspace usque ad coelum and with the relative subterrain and foundations usque ad inferos, free and unencumbered which property the society D Peak Limited acquired by contract dated twenty first of July of the year two thousand and sixteen (21/7/2016) in the acts of Notary Dr George Spiteri Debono valued at three million and two hundred and fifty thousand euro (€3,250,000) with the participation of extraneous bidders.

The said property belongs to D Peak Limited with the registration number C12224 which has nine shares out of evelen (9/11), Forcas & Sons Limited with the registration number C66055 which has one eleventh (1/11) share and Decas Ltd with the registration number C66054 which has one eleventh (1/11) share.

N.B. The said property will be sold as described in the acts of the judicial sales number 33/23 and after a judgement given on the thirtieth of May of the year two thousand and twenty-three (30.5.2023) by the Honourable Judge Joanne Vella Cuschieri, Application number two hundred and thirty-four of the year two thousand and seventeen (234/2017) in the names D Peak Limited (C12224) vs Anthony Mifsud (ID I856597M) et.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby declared that by a decree given on the 25th of September, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below in terms of article 931 (3) of the Code of Organization and Civil Procedure.

By a decree given on the 25th of September, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown person or persons entitled to the payment of the perpetual ground rent of the immovable below described in the schedule of deposit and redemption of ground rent bearing number 341/2023 in the names Anthony Buttigieg 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 22nd of September, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

The schedule of deposit reads thus:

Whereas the applicants own pro indiviso a portion of land known as 'Tal-Qortin' sive 'Tal-Imsaqfiet' sive 'Ta' Martina' in Triq Il-Qortin, Nadur, Gozo, measuring circa 301.6m2 bounded from the southeast by Triq il-Qortin, from the northeast by the property of Giuseppi Sammut or his successors, and from the northwest by the property of Salvu Muscat, or more correct boundaries, as better shown marked in red colour on the plan and site-plan attached and marked 'A';

Whereas this land devolved unto the applicants from the inheritance of their father Joseph Buttigieg who died on the 14th of March, 2014. The land had been assigned to the said Joseph Buttigieg by means of a deed of partition made in the records of the Notary Silvio Hili of the 13th of February, 2001;

Whereas the land had been acquired by sub ground rent from his father Franġisku Buttigieg by means of a deed of perpetual sub ground rent of the 7th of February, 1948, in the records of Notary Giuseppe Cauchi, in consideration of the annual and perpetual sub ground rent of Lm2.32.5, which sub ground rent was redeemed by the applicants' father and his siblings, heirs of Franġisku Buttigieg, by means of a schedule of deposit and contextual redemption of sub ground rent number 1/1984 on the 30th of December, 1983;

Whereas the applicants wish to redeem the original ground rent that does not exceed Lm3.00 equivalent to €7 annually and in perpetuity against the direct owner who is unknown to them, and through this schedule of deposit they are availing themselves of the right accorded to them by law and thus they redeem this ground rent in terms of article 1501 of the Civil Code, thus freeing the land from any burden and encumbrance. Since the director or directors are persons unknown to the applicants, the redemption is being made against deputy curators nominated to represent the director or directors who have the right to this payment of the redemption of the ground rent;

Whereas the last five arrears are also due, amounting to €35;

Whereas the amount of €7 capitalized at the percentage rate of 5% according to law amounts to €140.

Therefore, the applicants, with respect, are having recourse to this Honourable Court and deposit under its authority for all purposes and effects of the law in favour of the respondent nomine the global sum of €175, which deposit represents as to the sum of €35 the payment of the last five arrears, while the sum of €140 being the redemption of the annual and perpetual ground rent of €7 capitalized at a percentage rate of 5% according to law, which deposit can be freely disbursed by those who have a right to it according to law after due receipt is tendered according to law.

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

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, LLM (Cardiff), Adv. Trib. Eccl., a Magistrate of the aforementioned Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 16th of October, 2023, the publication of the extract which appears below was ordered for the purposes of notification according to the article 931(3) of the Code of Organization and Civil Procedure, Cap. 12 of the laws of Malta.

Banns for curators

Republic of Malta

To the executive officer of the Court of Magistrates (Gozo)

By a decree given on the 16th of October, 2023, it was ordered that a deputy curator be chosen according to the law to represent the unknown heirs of Victor Mercieca, holder of the identity card number 37461G in the acts of the sworn application number 62/2023 BS in names 'Elzan Properties Limited versus deputy curator to represent the unknown heirs of Victor Mercieca, holder of identity card number 37461G', filed on the 22nd of May, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts. In the aforementioned sworn application it is being requested that the Court order the respondent nomine to come forward for the publication of the deed of transfer in favour of the applicant of the portion of land called Ta' Betrija within the limits of Xagħra, Gozo.

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and hereby summon anyone who wants to enter as curator to appear within six (6) days in this Registry and makes a note declaring that he agrees to this.

You are also ordered to inform one and all 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 the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl., a Magistrate of the aforementioned Court.

Dr Brigitte Sultana

Magistrate

Margaret De Battista

Assistant Registrar

By decree issued by the Civil Court, First Hall, on the 7th November 2023, in the acts of Sale by Auction (Immovable Property) Application No:65/2019, in the records of the Schedules of Deposit No:1290/2023, which was presented on the 7th September, 2023, in the names: Zammit George et vs Zammit Alfred et, the following publication was ordered pursuant to Article 416(1) et seq. of Chapter 12. The applicant asked this Honourable Court to, among others: Order that proceedings be initiated for the ranking of claims, in terms of Article 416 of the Code of Organization and Civil Procedure (Chapter 12), on the deposits made through the Schedules of Deposit mentioned above. Moreover, anyone who may have an interest must bring forward their rights within one month from the date of pubblication.

The Hearing in the names mentioned above is adjourned to 23rd January, 2024 at 09.45 a.m.

Register of the Superior Courts, today, 14th November, 2023.

CARMEL ABELA. M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th October, 2023, Application number 1777/2023, by Jean Pierre Spiteri et whereby they requested that it be declared open in favour of Josephine Spiteri, 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 Jean Pierre Spiteri son of the decujus the succession of Alfonso Spiteri, husband of Josephine Spiteri nèe Pace, son of the late Giovanni Spiteri and Angela Spiteri nèe Mula, born in Ħal Għargħur, Malta, resided in Xagħra, Gozo, Malta and died in Imsida, Malta on the 31st July 2023 aged 76 and who held identity card number 0195947(M).

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 16th October, 2023, Application number 1772/2023, by John Vella et whereby they requested that it be declared open in favour of John Vella, father of the decujus and in favour of Josephine sive Josette Vella sister of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Mary Rose Vella, unmarried, daughter of John Vella and Josephine Vella nèe Busuttil, born in Birkirkara, resided in Birkirkara and died in Imsida, Malta on the 23rd July 2023 aged 58 and who held identity card number 0596064(M).

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 a decree of the Small Claims Tribunal of the 31st July, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Mohamad Bashar in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 25th July, 2023, whereby they asked the Tribunal to condemn Mohamad Bashar (ID 112388A) of 9, Rose Marie, Flat 5, Triq il-Monsinjur De Piro, Hamrun, HMR 1890, to pay the plaintiff company the sum of €2560.95 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 250/2023IS) is deferred on the 23rd November, 2023, at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 8th August, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Claudio Andres Olate Donoso in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 25th July 2023, whereby they asked the Tribunal to condemn Claudio Andres Olate Donoso (ID 214716A) of Sunrise Court, Flat 4, Triq in-Nigem, Ħal Għaxaq, GXQ 1532, to pay the plaintiff company the sum of €4465.93 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 249/2023CL) is deferred on the 29th November, 2023, at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 31st May, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Martinez Gustavo Adolfo in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of GO, Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 23rd May 2023, whereby they asked the Tribunal to condemn Martinez Gustavo Adolfo (ID 55040A) of Valley View, Flat 2, Triq il-Mensija, San Giljan, to pay the plaintiff company the sum of €2556.60 which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim number 187/2023SFJ) is deferred on the 28th November, 2023, at 12.30p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 6th October 2023 of the Rent Regulation Board, in the records of the Application in the names Angela Muscat et vs Dr Reno Borg et, Application Number 403/2022JG, the following publication was ordered for the purpose of effecting service on the respondents Dr Reno and Anna spouses Borg in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12).

By means of an application in the names Angela Muscat (ID 389665M), Angelo Borg (ID 515775M), Claudine Borg (ID 3180M), Cathrine Cortis (ID 154748M), Francis Borg (ID 163453M), Maria Tereża Borg (ID 0550931M), Raymond Borg (KI 745655M), Mary Mifsud (ID 418457M) and Carmen Borg (ID 614763M) vs Dr Reno and Anna spouses Borg filed before the Rent Regulation Board, on the 13th May, 2022, the applicant Angela Muscat et requested this Honourable Board so that:

1. Revise the actual rent in the amount of €349.50 per year for an amount not exceeding 2% per year of the free and unencumbered open market value of the leased premises and namely the premises 246, Triq San Giljan, Birkirkara.

2. Consequently order the respondents to start paying the applicants the amount of rent thus revised every year with effect from the 1st April, 2022 and this without prejudice to that provided by subsection (7) of Article 12B of Cap 158 of the Laws of Malta.

3. Establish any other conditions of rent which may be necessary and desiderable according to circumstances.

Saving any other provision that this Honourable Board is pleased to give and with costs against the respondents from now summoned so that a reference to their oath be made.

Applicant: 27, Ruan, Triq taʼ Gawdieri, San Ġwann.

respondent: 246 Triq San Ġiljan, Birkirkara

The application in the names Angela Muscat et vs Dr Reno Borg et Application Number 403/2022JG has been postponed for hearing to the 29th November 2023 at 9.15a.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 25th September, 2023, Application number 1685/2023, by Josephine Galea whereby she requested that it be declared open in her favour the succession of Antoinette Testa nèe Portelli, widow of Dennis Testa, daughter of the late Paul Portelli and Mary Portelli nèe Fenech, born in Ħamrun, Malta, resided in ĦʼAttard, Malta and died in Imsida, Malta on the 30th June 2023 aged 70 and who held identity card number 072253(M).

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

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

 Application in terms of Article 495A of the Civil Code (Chapter XXVI)

Application Number 3/2023 (BS)

In names:

Mikelina Buttigieg (identity card number 58957G) of 31, Triq San Bert, Xewkija, Gozo

George Xuereb (identity card number 34456G) of Sugar Range, Triq taʼ Xurdin, Nadur, Gozo

Maria Xuereb (identity card number 27560G) of 21, Triq il-Madonna tal-Ħniena, Xewkija Gozo

Tania Xuereb (identity card number 42650G) of 38, Triq Vittorio Cassar, Birkirkara, Malta

Nazzareno Xuereb (identity card number 27355G) of 116, Church Street, Għarb, Gozo

Rita Camilleri (identity card number 46362G) of 10, Binġemma Street, Nadur Gozo

The said Mikelina Buttigieg in her own name is also appearing on behalf and in representation of Angelo Xuereb (identity card number 14659G) who lives abroad, Carmelo sive Charlie Xuereb (identity card number 40051G) who lives abroad, and Helen Azzopardi (identity card number 73452G) who lives abroad.

Angelo Camilleri (identity card number 13561G) of 10, Binġemma Street, Nadur Gozo

and Frankie Camilleri (identity card number 17192G) for any interest he may have, Rivaldo Court, Flat D, Triq San Blas, Nadur Gozo may have

vs

Andrew Xuereb, of Sydney House, Triq Ġnien Xibla, Xagħra, Gozo

Maria Xuereb, of Sydney House, Triq Ġnien Xibla, Xagħra, Gozo

Dolores Xuereb, (identity card number 13932G), of 11, Triq il-Madonna tal-Ħniena, Xewkija, Gozo

Pauline Vella of 7B, Imġarr Street, Xewkija, Gozo

Mario Xuereb of Casa Marie Marie, 9 Papa Pija Street, Qala Gozo

Anthony Xuereb, 13, Triq il-Benneja, Xewkija, Gozo

Michael Xuereb, 15, Binġemma Street, Nadur Gozo

Maria Rita sive Marita Scicluna, 62, Madonna ta Pinu, Triq il-Fuħħar, Mosta, Malta

Salvina Bajada, 27, Triq il-Latini, Għajnsielem, Gozo

Carmelo Xuereb, Saint Peter and Saint Paul, Triq il-Qija, Għajnsielem Gozo

Jane Xuereb, 51, Triq il-Madonna taċ-Ċiċri, Żebbuġ, Gozo

Emanuel Xuereb, 48, Najjarra Street, Xewkija Gozo

Maria Zammit, ʼHorizon Restaurantʼ, Triq il-Qolla, Marsalforn, Gozo

Advocate Dr. Deborah Camilleri who by decree of the 15th of November 2023 was nominated deputy curator to represent Bertina Xuereb, Helen Xuereb and Joseph Xuereb all of whom reside abroad.

Application of the said Mikelina Buttigieg et

Respectfully submit:

1. Whereas by virtue of a deed in the records of Notary Giuseppe Grech dated the twenty-fourth (24th) of May of the year one thousand nine hundred and fifty-six (1956), Ġanni Xuereb son of Ġużepp, Ġanni Xuereb, son of Michele, and Salvu Xuereb bought in equal and undivided shares between them the room marked number twelve (12), Triq Manuel De Vilhena, Għajnsielem, Gozo.

2. Whereas by virtue of a deed dated the twenty-sixth (26th) of May of the year two thousand and twenty-two (2022), Gianni Xuereb son of Guseppe, sold his share of one third (1/3) to Angelo and Rita spouses Camilleri.

3. Whereas Salvu sive Salvatore Xuereb died on the second (2nd) of October of the year two thousand and five (2005) and his eleven children inherited him, Mikelina Buttigieg, George Xuereb, Maria Xuereb, Angelo Xuereb, Carmelo Xuereb, Tania Xuereb, Helen Azzopardi, Nazzareno Xuereb, Rita Camilleri, Andrew Xuereb and Joseph Xuereb. Whereas one of these namely Joseph Xuereb died on the twenty-third (23rd) of February of the year two thousand and fourteen (2014) and Maria Xuereb inherited him.

Whereas Ġanni Xuereb who was the owner of the remaining third (1/3) died on the twenty-seventh (27th) of November of the year one thousand nine hundred and eighty-six (1986), and his widow Dolores Xuereb inherited him, as well as his fourteen children and grandchildren Doris Xerri, Pauline Vella, Mario Xuereb, Anthony Xuereb, Michael Xuereb, Bertina Bajada, Helen Bigeni, Joseph Xuereb, Marita Scicluna, Salvina Bajada, Carmelo Xuereb, Emanuel Xuereb, Giovanna Xuereb and Maria Zammit in equal and undivided quotas between them.

4. Whereas together the plaintiffs in this case are owners of twenty parts out of thirty-three undivided parts of the above-described immovable property, and this results from the document attached herewith describing the title of the property. Whereas the plaintiffs have reached an agreement with the other plaintiff Frankie Camilleri in order to sell this property for the entire price of fifty thousand Euros (€50,000). Whereas the defendants are refusing to concur in this sale.

5. Whereas the defendant Andrew Xuereb is the owner of one-eleventh of an undivided third of the property for sale whereas his wife Maria Xuereb is also the owner of one-eleventh of an undivided third of the property for sale. The rest of the respondents are all together holders of an undivided third of the property for sale.

6. Whereas in the said promise of sale agreement the sellers commit themselves to file those procedures before the competent authority for the acquisition of the share of all the other co-owners.

7. Whereas the said agreement also stipulates that in the event that the competent Court does not authorize the sale of the share of the defendants, and otherwise imposes different conditions for the sale of the entire share, the purchasers at their absolute discretion reserve the right to be released from the promise of sale agreement and not convene for the publication of the final deed of sale.

8. Whereas the applicants believe that the proposed price as it results from the same promise of sale agreement is a fair one, and the defendants will not be prejudiced by the fact that this transfer is made since it appears that they have no purpose other than to distract and withhold the other sellers from the possibility of selling this property.

Therefore, the applicants humbly request this Honourable Court to approve the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of the Civil Code (Chapter XXVI) of the Laws of Malta:

Declares that the price or value proposed for the transfer of the claimantʼs share for the proposed sale in accordance with the attached promise of sale agreement is fair and real, and the same conditions shall apply to the quota due to the defendants from this same property, provided that in the case of the respondents, the value of their share must be paid in full upon the publication of the deed of transfer; and

Approves the proposed transfer for the price indicated and the conditions indicated and orders the publication of the deed of sale as regards the quota due to the defendants, at a day, time and place to be set and appoint a notary public in order to publish the opportune deed of sale and with the intervention of deputy curators to represent the eventual defaulters on that deed.

With all the costs against the defendants who are as of now summoned for their oath.

Advocate Dr Kevin Mompalao

Margaret De Battista

Assistant Registrar For the Registrar, Gozo Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on the 16th March 2023, in the records of the Appeal application No 1239/2009 in the names Beaumont Estates Limited C 10365, which by minutes in the proceedings of the 1st June 2018, the records of the cause were transferred onto the name of Tyrone Barbara (ID 554589M) and Mariella Falzon (ID 412490M), Christef Co. Limited C 8184, Cardona Holdings Limited C 18853, and Anthony and Mary Anne sive Marianne spouses Cardona I.D. No. 406952M and 426850M respectively vs Mario Muscat I.D. No. 520677M and his wife Graziella Muscat Miruzzi I.D. No. 348576M who by court decree of the 29th May 2017, Vincent Zammit ID 186383 M, assumed the records of the cause instead of Mario Muscat and Graziella Muscat Miruzzi, and by decree of the 29th April 2010 were joined in suit Raymond Gerada (503156M) and Margaret Gerada (12298A) ordered the following publication in regard to the said Raymond Gerada and his wife Margaret Gerada in terms of Article 187 (3) et sequitur of Chapter 12 of the Laws of Malta.

By means of an Appeal Application of No 1239/2009 in the names Beaumont Estates Limited et vs Mario Muscat et, Tyrone Barbara (ID 554589M), Mariella Falzon (ID 412490M), Christef Co. Limited C 8184, Cardona Holdings Limited C 18853, and Anthony and Mary Anne sive Marianne spouses Cardona (ID 406952M and 426850M respectively) felt aggrieved by the judgement delivered on the 18th September 2020, whereby the Court of First Instance disposed of the cause by, whilst rejecting the first two preliminary pleas by the defendants, and dismissed the third preliminary plea of the parties joined in suit, upheld the first preliminary plea of the same parties and declared the plaintiffsʼ action prescribed in terms of Article 462 (1) of Chapter 16 of the Laws of Malta, and are thus filing this appeal.

Therefore the appellants humbly request that this Honourable Court upholds their appeal by annulling the judgement appealed in so far as it upheld the plea of prescription and ordered that the costs be borne by the plaintiffs, and sends back the records to the Court of First Instance to decide the plaintiffʼs claims and pleas brought forward by the defendants and the parties joined in suit, excluding however the first two preliminary pleas by the defendants, the third preliminary plea of the party joined in suit and the plea of prescription raised by the parties joined in suit, or alternatively passes on to dismiss the pleas brought forward by the defendants and the parties joined in suit and upholds the plaintiffsʼ claims, with costs of both instances against the same defendants and parties joined in suit.

Notification: (i) Raymond Gerada

33, St. Julians Court, Block C,

Triq Sur Fons,

San Ġiljan

and

Flat 11, Cataleya apartments, Block B, Kananea Street, Attard.

(ii) Margaret Gerada

33, St. Julians Court, Block C,

Triq Sur Fons,

San Ġiljan.

and

Flat 11, Cataleya apartments, Block B, Kananea Street, Attard.

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on the 3rd October, in the records of the Appeal application No 1199/2018 in the names John Mary Muscat (ID 714039M) in his own name and also as local mandatary of Kevin Mario Muscat (ID 136383 M) who is currently residing abroad, 2. Joseph Muscat (ID 389886M), 3. Carmen Vassallo (ID 281887M), 4. Mary Rose Bugeja (ID 142274M), 5. Jason Muscat (ID 441577M), 6. John Mary sive Jimmy Camilleri (ID 807355 M), 7. Samuel Camilleri (ID 391866M) and his wife Alison Camilleri (ID 466473M), 8. Joseph Muscat (ID 519262M) and his wife Mary Louise Muscat (ID 389069M), 9. Carmel sive Charles Camilleri (ID 61873M), 10. Mario Camilleri (ID 413861M) and his wife Dolores Camilleri (ID 147570M), 11. Paul Camilleri (ID 813935M) and his wife Angela Camilleri (ID 617039M), 12. Mario Vassallo (ID 21061M) and his wife Pauline Vassallo (ID 259967M), 13. Vincent Vassallo (ID 366255M) and his children Andrea (ID 190698M) and Gianluca Vassallo (ID 443894M), Anthony Vassallo (ID 561856M) and his wife Maria Vassallo (ID 87165 M) residing 12, Massabielle, Melissa Street, Mġarr vs Adv. Dr. Simon Galea Testaferrata (ID 468670M), 2. Paul Mifsud (ID 164574M), 3. Nicholas Muscat (ID 824455 M), 4. Anthony Sammut (ID. 97261M) ordered the following publication in regard to the said Anthony Sammut in terms of Article 187 (3) et sequitur of Chapter 12 of the Laws of Malta.

By means of an application of Appeal No 1199/2018 in the names premised the respondent appellant Dr Simon Galea Testaferrata felt aggrieved by the judgement of the First Hall Civil Court dated 12th January 2023 in the names premised and is thus filing this appeal on the basis of four grievances contained in the same appeal.

Therefore the appellant humbly requests that this Honourable Court upholds this appeal by, in the first place, annulling and revoking the appealed judgement of the First Hall Civil Court of the 12th January 2023 bearing the names above mentioned and instead upholds the appellantʼs pleas with costs of both instances against the respondent plaintiffs.

Notification: Anthony Vassallo (ID 561856M) and his wife Maria Vassallo (ID 87165M) – 12 Massabielle, Melissa Street, Mġarr

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on the 28th September 2023, in the records of Appeal application No 1270/2018 in the names DeMi Properties Limited (C-40871) vs Mary Colette Rizzo (ID 0490360M), her husband William Rizzo (ID 0121359M) and their daughter Krista Rizzo (ID 043I383M) the court ordered the following publication to serve as a notfication of the said defendants, namely Mary Colette Rizzo, William Rizzo and Krista Rizzo in terms of Article 187(3) et sequitur of Chapter 12 of the Laws of Malta.

By means of Appeal Application No. 1270/2018 filed on the 24th July 2023 in the premised names the appellant company DeMi Properties Limited (C-40871) felt aggrieved by the judgement of the First Hall Civil Court delivered on the 27th June 2023 in the names premised above and in which it rejected the plaintiff's demands with costs, and is thus filing this appeal on the basis of the grievances contained in the same appeal.

Therefore the applicant company DeMi Properties Limited, is humbly seizing this Honourable Court and asks it to annul, cancel and rescind the judgement mentioned delivered by the Honourable First Hall Civil Court on the 27th June 2023 in the names premised and decide instead the cause by upholding all the demands of the appellant plaintiff company and rejecting all the pleas of the respondent defendants, with costs of both instances against the same respondent defendants.

Notification: (1) William and Mary Colette Rizzo: 1H, Pinto Bldgs Blk B, Flat 14, Triq San Albert, Gżira;

(2) Krista Rizzo: 105 “The Crest", P/H Flat 5, Triq Tas-Sliema, Gżira 

Dr. Franco Bondin LL.D., M.Jur.

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction on the 23rd October 2023, in the acts of Constitutional Application No:289/2023FDP, which was presented on the 29th May 2022, in the names: Falzon Daniela et vs Muscat Francis et, the following publication was ordered pursuant to Article 187(3) et seq. of Chapter 12, to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents to pay the same compensation and liquidated pecuniary and non-pecuniary damages, in addition to the legal interest, and in terms of that stipulated by law. With all the costs against the respondents, who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 28th November, 2023 at 9.30 a.m.

Notification Respondent: Muscat Francis. 38, Rosy, Paris Street, Ħaż-Żebbuġ.

Register of the Superior Courts, today, 6th November, 2023.

CARMEL ABELA, M.SC. IN MANAGEMENT. D.P.A.; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th September 2023 of the Civil Court (Family Section), in the records of the Application in the names Susanne Camilleri vs Iskander Ben Mabrouk, Application Number 232/2023JPG, the following publication was ordered for the purpose of effecting service on the respondent Iskander Ben Mabrouk in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap 12)

By means of an application in the names Susanne Camilleri previously Ben Mabrouk (ID 0464598M) vs Iskander Ben Mabrouk (ID 0212055A), filed in the Civil Court (Family Section), on the 24th April 2023, the applicant Susanne Camilleri previously Ben Mabrouk (ID 0464598M) requested this Honourable Court to:

1. Pronounce the dissolution of the marriage between the parties in terms of Article 66A et sequitur of Chapter 16 of the Laws of Malta;

2. Order the Registrar of Courts so that within the time given by this Honourable Court, he notifies the Director Public Registry about the dissolution of marriage of the parties so that this is registered in the Public Registry.

Applicant: Susanne Camilleri previously Ben Mabrouk – 26, Triq il-Kunċizzjoni, Marsaxlokk.

Respondent: Iskader Ben Mabrouk – 36, Rencarm, Triq l-Arznell, Marsaxlokk.

The Application in the names Susanne Camilleri vs Iskander Ben Mabrouk, Application Number 232/2023JPG has been postponed for hearing to the 5th December 2023 at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals​