Court Notices published in Government Gazette no 21,208 of 15th March 2024

DKR 95/2015 – CANCELLATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Nadine Sant Lia, LLD) following judgement given by the same court on the 6th of February, 2024, and after an application filed by Ian Falzon on the 22nd February, 2024, Compilation number 21/2014, in the case in the names:

The Police

(Inspector Christian Abela)

Versus

IAN FALZON, 50 years, son of John and Johanna née Platts, born in Attard Malta on the 30th May, 1973, residing at number 36, Triq l-Imrieħel, Birkirkara, Malta, and holder of Maltese identity card bearing number 279273M.

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Ian Falzon, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Aaron M. Bugeja, LLD) on the 18th February, 2015, and published in the Government Gazette of the 3rd March, 2015.

This order is being published according to section 5(6) of Cap. 373 of the Laws of Malta.

Marvic Psaila

Deputy Registrar, Criminal Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd January, 2024, on the application of HSBC Bank Malta plc (C3177), Thursday, 13th June, 2024 at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment internally marked number six (6) at the top level in block numbered twenty seven (27) and named Solaria, Block A, in Triq Ġulju ċ-Ċenturjun, in Buġibba, limits of Saint Paul's Bay, that is accessible from a common area that is not equipped with a common lift but consists only of stairs, together with the relative share of the common parts of the block that include the front garden, the entrance, the entrance hall, stairs, stairwell, landings and the drainage system. Included with the apartment is one third undivided share of the divided part of the roof, namely the half part situated on the right when one looks at the block from the street. This roof is situated directly on the said apartment. The apartment is subject to the annual and perpetual groundrent of twenty five euro and sixty two cent (€25.62), with all its rights and appurtenances, including also the pro-rate obligation for maintenance and repairs payment of the roof, dividing walls, and common walls with the owners of the undivided shares of the roof, together with the obligation to join the Owners Association of the same block, so that it takes care of the maintenance and repairs of the common parts of the block as well as the facade. The block is bounded on the South West with the said street, on the South East with property of Joseph Borg and Edwin Pullicino or their successors, and on the North West with property of Joyce Pullicino and partly by property of Paul Sciberras and this as described in the acts of Notary Joseph Sciriha dated twenty second of November, of the year two thousand (22.11.2000) by which this apartment was acquired together with Marion Ciantar and after a separation contract, the half undivided share of the same Marion Ciantar was assigned to Gregory Ciantar by means of a contract in the acts of Notary Rachel Busuttil dated first July, of the year two thousand and nine (01.07.2009) and is valued at two hundred thousand euro (€200,000).

The said tenement is the property of Ciantar Gregory (ID 284476M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2023.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the sixth (6th) of March of the year 2024 (Decree number 29/2024BS following application number 21/2024(BS) Dolores Attard, widow of Anthony Attard, daughter of the late Francis Borg and Rose Borg née Scicluna, born and resides in Victoria, Gozo, holder of identity card number 8742G, has been confirmed interdicted from all acts of civil life.

Mary Borg, spinster, daughter of Pius Borg and the late Rita née Mercieca, born in Ħ'Attard, Malta, and resides in Victoria, Gozo, holder of identity card number 568178M, has been nominated as her curator, by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby notified that by a decree given on the 7th of March, 2024, 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 a decree given on the 7th of March, 2024, it was ordered that a deputy curator be chosen according to the law to represent the expatriates Bryan Scicluna and Brandon Scicluna in the acts of the sworn application in terms of article 495A of the Civil Code, bearing number 14/2024 BS in the names 'G.V. Gozo Developments Limited et vs Deputy Curators to represent the expatriates Bryan Scicluna and Brandon Scicluna', filed on the 21st of February, 2024, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all the other relative and subsequent acts, which application relates to the sale of the premises number 62 and 63 in Triq il-Ġnien, with another façade in Triq Benghazi, Għajnsielem, Gozo.

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to be appointed as curator to appear within 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.

Issued 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. Melit., a Magistrate of the aforementioned Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby notified that by a decree given on the 4th of March, 2024, 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 Organisation and Civil Procedure.

By a decree given on the 4th of March, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown persons and namely the persons entitled to receive of the annual and perpetual ground rent of the immovable property described hereunder in the schedule of deposit and redemption of ground rent bearing number 55/2024 in names 'Josef Saliba vs Deputy Curator to represent the unknown persons, and namely the persons entitled to receive of the annual and perpetual ground rent of the immovable property described hereunder, which schedule of deposit was filed on the 29th of February, 2024, 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 bearing number thirty-one (31) previously also indicated with the number fifteen (15) in Triq il-Vitorja, Ħamrun, Malta, which premises is subject to one euro and twenty-eight cents (€1.28c) annual and perpetual ground rent, and which amount the applicant wishes to redeem in terms of article 1501 of the Civil Code, and which amount capitalized at the rate of 5% amounts to twenty-five euro and sixty cents (€25.60c), which is being deposited together with the amount of six euro and forty cents (€6.40c) being five years' ground rent arrears, so that anyone who has the right to it can freely withdraw it after tendering due receipt.

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 enter as a curator to appear within a period of six (6) days in this Registry and make a note declaring that they so accept.

You are also ordered to inform one and all that if they do not file this declaration within the time stated 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.

Issued 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. Melit., a Magistrate of the aforementioned Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby notified that by a decree given on the 14th of February, 2024, 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 a decree issued on the 22nd of February, 2024, it was ordered that a deputy curator be chosen according to the law to represent the respondent company Betsolution4u Limited (C55943), with registered address at Villa 3A, Triq il-Madliena, is-Swieqi, Malta, and this in the acts of the application bearing reference number 2/2023 BS in names “Commissioner of Revenue versus Betsolution4u Limited", filed on the 4th of January, 2023, in the Court of Magistrates (Gozo), Jurisdiction Superior, General Section, and in all other relative and subsequent acts, which application relates to a request by the competent Italian authority to the applicant Commissioner for Revenue to recover tax that is due in Italy by the respondent company, which company operates in Malta, and this according to the provisions of Legal Notice number 153/2012 (Subsidiary Legislation number 460.08 entitled Mutual Assistance for the Recovery of Claims Related to Taxes, Duties and Other Measures Order).

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and thereby summon anyone who wants to be appointed as curator to appear within 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 stated 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.

Issued 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. Melit., a Magistrate of the aforementioned Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Banns for Curators

Republic of Malta

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

It is hereby notified that by a decree issued on the 29th February, 2024, 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 Organisation and Civil Procedure.

By a decree issued on the 29th of February, 2024, 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 annual and perpetual ground rent of the property described below and this in the records of schedule of deposit and redemption of ground rent bearing number 45/2024 in names Lorenzo Attard et 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 filed on the 19th of February, 2024, 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 premises with an attached garden measuring about one siegħ equivalent to 187.4 square metres in Ħamet Road, today Triq Tal-Qaċċa, marked with the number eight (8), today marked with the number nine (9), in Xagħra, Gozo, which property is better shown on the site-plan attached to the schedule of deposit.

This property is subject to the equivalent of fifty-eight cents (€0.58c) annual and perpetual ground rent, which amount the applicants do not know to whom it is paid, and also it is subject to the equivalent of ten euro cents (€0.10) annual and perpetual tax in favour of the Government of Malta.

Whereas the claimants wish to redeem these two ground rents and this in terms of article 1501 of the Civil Code, and they are therefore depositing the amount of eleven euro and sixty cents (€11.60c) together with two euro (€2.00) respectively, which amounts together represent the annual ground rent rate capitalized at 5%, which sum can be withdrawn by the respondents 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 be nominated as a curator to appear within a period of six (6) days in this Registry and file a note declaring that he so wishes.

You are also ordered to inform each and every one that if they do not file 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 Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), a Magistrate of the aforementioned Court.

Margaret De Battista

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

Banns for Curators

Republic of Malta

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

It is hereby notified that by a decree issued on the 22nd of February, 2024, 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 a decree issued on the 22nd of February, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown owners of the annual and perpetual ground rent in the acts of the schedule of deposit and contextual redemption of ground rent bearing number 359/2023 in names 'Michael Muscat et vs Deputy Curators to represent the unknown owners of an annual and perpetual ground rent mentioned in the same schedule of deposit', filed on the 5th of October, 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:

A tract of land called 'Tal-Fakkin' within the limits of Ta' Sannat, Gozo, measuring approximately 645 square meters bordered from the west by Triq Palazzo Palina, east by property of Real Finanz Limited, south in part with a passage, in part with the property of the said Michael Muscat and in part with the property of Karkanja Properties Limited, as shown on the site plan attached to the schedule of deposit. The applicants spouses Muscat are the owners of three quarters (3/4) undivided part of this land, while the parish church of Ta' Sannat, Gozo, is the owner of the remaining quarter (1/4). This land is subject to the equivalent of twenty-three euro cents (€0.23c)

Whereas the applicants wish to avail themselves of the faculty given to them by article 1501 et sequitur of the Civil Code, and redeem this ground rent, which sum of €0.23c capitalized at five percent (5%) amounts to four euro and sixty cents (€4.60c), which is being deposited in favour of the respondent as the redemption payment of this amount, which may be freely withdrawn by the same respondent save a receipt thereof is tendered according to law. Additionally, the applicants are also depositing the sum of one euro and fifteen cents (€1.15c) being arrears representing the payment of the ground rent for the past five years.

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 appear as curator to appear within six (6) days in this Registry and make a note declaring so.

You are also ordered to inform each and every one that if they do not file 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.

Issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, mentioned above with the testimony of the Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), a Magistrate of the aforementioned Court.

Margaret De Battista

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

By means of a decree given by the Civil Court, First Hall, on the 29th February, 2024, in the records of the Warrant of Prohibitory Injunction number 196/2024/1AB, which was filed on the 2nd February, 2024, in the names: Borg Andre Dr noe vs Desira Anthony et, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Order the issuing of the Warrant of Prohibitory Injunction against the respondents.

The Warrant of Prohibitory Injunction in the names mentioned above is postponed to 21st March, 2024, at 12.15 p.m.

Notify Respondents: Desira Anthony and Desira Elena Alexandrovna, 7, Spring Valley Court A, Flat 2, Triq ix-Xnejn Abjad, Marsaskala

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, Constitutional Jurisdiction, on the 22nd February, 2024, in the records of Constitutional Application number 386/2023MS, which was filed on the 25th July, 2023, in the names: Borg Darren noe et vs the Housing Authority et, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap. 12, for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Condemn the respondents to pay the same compensation and liquidated damages in terms of law. With costs and legal interest against the respondents who are summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 22nd March, 2024, at 9.00 a.m.

Notify Respondent: Abela Philip, 8, Triq Binġemma, Mġarr

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

For the Registrar, Civil Courts and Tribunals

ARB/C020/2024 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 3rd February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Lara Lanfranco, LLD). Compilation Number 104/2024, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

AHMED ELBADR, student, 22 years, son of Mhammed Elbadr and Soumia, born in Morocco on the 14th September, 2001, and residing at 11, 'Everlasting', Flat 1, Triq Pietru Xuereb, Tal-Pietà, and holder of expired Maltese identification document bearing number 104698A and Maltese identification document bearing number 758518L.

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 AHMED ELBADR 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.

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, after the accused indicates with a note from where he is perceiving this money.

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

ARB/C021/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 26th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Leonard Caruana, LLD). Compilation Number 160/2024, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

RODNEY JOSEPH ANGELO DE GABRIELE, unemployed, 57 years, son of the late Anthony De Gabriele and Anna De Gabriele née Camilleri, born in England on the 13th July, 1966, without a fixed address in Malta and holder of Maltese identity card bearing number 609282M.

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 RODNEY JOSEPH ANGELO DE GABRIELE 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, Cap. 101 of the Laws of Malta as made applicable by Article 23A(2) of the Criminal Code, Cap. 9 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 as mentioned in Article 22A 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.

That the ban on the publication of the accused Rodney Joseph Angelo De Gabriele's name has been lifted through decree dated 13th March, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry presided by Magistrate Dr Donatella Frendo Dimech, LLD

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C016/2024 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 12th March, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Giannella Camilleri Busuttil, LLD). Compilation Number 137/2024, in the case:

The Police

(Inspector Kurt Farrugia)

(Inspector Keith Rizzo)

Versus

CHEYENNE AZZOPARDI, self-employed, 24 years, daughter of Josephine Azzopardi née Azzopardi, born in Tal-Pietà, Malta, on the 21st October, 1999, residing at Sunmike Apartments, Flat 7, Triq San Tumas, Fgura, and holder of Maltese identity card bearing number 364299M.

AND

VICTOR DEGABRIELE;

The Court AUTHORIZED the accused CHEYENNE AZZOPARDI to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, which amount must be received in equal monthly instalments, from the bank account listed in the name of the accused ending in -1314 and held at the Bank of Valletta plc.

This variation is being published in terms of Article 22A (3) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Monica Vella, LLD) on the 16th February, 2024, which was published in the Government Gazette on the 20th February, 2024, 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 CHEYENNE AZZOPARDI and Victor Degabriele.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th September, 2023, Application number 1683/2023, by Guinevere Grace Camilleri whereby she requested That it be declared open in favour of Guinevere Grace Camilleri and Josette Schembri children of the decujus in equal shares between them the succession of Anthony Schembri, widower of Irene Schembri née Ciappara, son of the late Joseph Schembri and Salvina Schembri née Tonna, born in Ħal Luqa, Malta, resided in Ħal Luqa, Malta, and died in Msida, Malta, on the 17th June, 2022, aged 62, and who held identity card number 0197260M.

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 a decree given by the Civil Court, First Hall, in the records of the Sworn Application number 321/2023AF, which was filed on the 24th March, 2023, in the names: Vella Carmela et vs Marden Josephine, the following publication was ordered in terms of Article 495A et sequitur of Cap. 16.

In the First Hall Civil Court

Carmela Vella (ID 563432M), Grace Magri (ID 863936M), Alfred Muscat (ID 539544M) and his wife Dolores Muscat (ID 543081M), Judas Thaddeus sive Edwin Muscat (ID 86050M) in his own name and on behalf of the absent Salvina Lauria (ID 158535M) and her husband Spiridione Lauria (Canadian passport number HN123470), Angiolina sive Juliette Muscat (ID 565855M) wife of the same Edwin Muscat, Patricia Stellini (ID 298162M), Julie Camilleri (ID 250563M), Mary Azzopardi (ID 538364M), George Muscat (ID 311970M), Anna Zammit (Anna) ID 232176M), Trudie Muscat (ID 241984M), Christopher George Muscat (ID 51271M), and Stephanie Muscat (ID 34376M)

vs

The absent Josephine Marden (Maltese passport number 704034667) residing in Australia

Application of Carmela Vella, Grace Magri, Alfred Muscat and his wife Dolores Muscat, Judas Thaddeus sive Edwin Muscat in his own name and in the name and in representation of Salvina Lauria and her husband Spiridione Lauria, Angiolina sive Juliette Muscat wife of the same Edwin Muscat, Patricia Stellini, Julie Camilleri, Mary Azzopardi, George Muscat, Anna Zammit, Trudie Muscat, Christopher George Muscat, and Stephanie Muscat, according to the provisions of Article 495A of the Civil Code (Kap. 16 of the Laws of Malta).

Respectfully submit:

1. That the applicant Judas Thaddeus sive Edwin Muscat is duly authorised to act in this procedure in representation of the applicant Salvina Lauria and her husband Spiridione Lauria, residing in Toronto, Canada, in terms of the power of attorney signed before the Consul General of Malta in Toronto, Canada on the 10th January 2023 (Doc. A);

2. That the parties are all co-owners of the temporary utile dominium for the remaining period from one hundred fifty (150) years which commenced on the 28th December, 1897, of a divided portion of land measuring circa one thousand seventeen square metres (1,017m²) forming part of the field known as Ta'Bordin, in Triq Clarence, Gwardamanġa, limits of Msida, sometimes referred to as limits of Tal-Pietà, on which the following immovables are found:

i. the building block with its whole airspace and underlying ground consisting of a maisonette situated in the ground floor with official number 43 and known as 'Doris', and a maisonette on the first floor with official number 41 and named 'Rosie', both accessible from independent entrances in Triq Clarence, Msida,

ii. the building block with its whole airspace and underlying ground consisting of a maisonette situated in the ground floor with official number 37 and known as 'Lucky', and a maisonette on the first floor with official number 39 and named 'Happy', both accessible from independent entrances to them in Triq Clarence, Msida,

iii. the building block with its whole airspace and underlying ground consisting of a maisonette situated in the ground floor with official number 35 and known as 'Saint Joseph', and a maisonette on the first floor with official number 33 and named 'Saint Mary', both accessible from independent entrances in Triq Clarence, Msida. The latter is leased to Alfred and Mary spouses Mercieca by means of a lease agreement prior to 1995,

iv. the garage with official number 31 and named 'Gregory Garage', with its whole airspace and underlying ground, accessible from an entrance in Triq Clarence, Msida, which garage is found leased to Alex Gregory by means of a lease agreement prior to the year 1995, and

v. the building block with its whole airspace and underlying ground consisting of two garages with official numbers 25 and 27 respectively, and a maisonette on the first floor with official number 29 and named 'Muscat Flats', which garages are accessible from an independent entrance in Triq Clarence, and the maisonette accessible from an independent entrance in Triq Clarence, Msida. The garage with official number 25 is leased to Alex Gregory by means of a lease agreement before the year 1995;

3. That the said divided portion of land on which these immovables are built was acquired by Carmelo Muscat during his marriage with Maria Muscat née Vassallo as part of a larger portion of land acquired by means of three separate acts or rather:

i. a divided portion of land forming part of the field known as Ta' Bordin, in Triq Clarence, Gwardamanġa limits of Msida with a facade on Triq Clarence, measuring approximately seventy three (73) square canes (320.69m²), subject to the annual and temporary groundrent and sub-groundrent of three (3) pounds sterling and thirteen (13) shelters payable to Giovanni Bezzina, by means of a contract published in the records of Notary Joseph Gatt dated 4th March, 1945,

ii. a divided portion of land forming part of the same field measuring circa two hundred and sixteen (216) square rods (948.88m²), subject to the annual and temporary groundrent and sub-groundrent of ten (10) pounds sterling and sixteen (16) shelters payable to Giovanni Bezzina, by means of a contract published in the records of Notary Joseph Gatt dated 30th March, 1951, and

iii. a divided portion of land forming part of the same field measuring circa fifty four (54) square canes (237.114m2), subject to the annual and temporary groundrent and sub-groundrent of two (2) pounds sterling and fourteen (14) shelters payable to Carmelo Formosa, by means of a contract published in the records of Notary Joseph Tabone dated 27th May, 1959;

The said immovable were built by Carmelo Muscat himself.

4. That Carmelo Muscat's wife, the said Maria Muscat, died on the 5th May, 1971, whilst Carmelo Muscat died on the 31st July, 2001;

5. That all the inheritance assets of the deceased Carmelo Muscat and Maria Muscat devolved on their eight children, that is on the applicant Carmela Vella, Salvina Lauria, Grace Magri, Alfred Muscat, Judas Thaddeus sive Edwin Muscat, on the absent respondent Josephine Marden, and on the other brothers, today deceased, John Muscat and George Muscat, and this in equal shares between them;

6. That by means of a contract published in the records of Notary Carmel Gafà dated 21st March, 2009, the applicant Carmela Vella, Salvina Lauria and her husband Spiridione Lauria, Grace Magri, Alfred Muscat and his wife Dolores Muscat, Judas Thaddeus sive Edwin Muscat and his wife Angiolina sive Juliette Muscat, the respondent Josephine Marden, and the other siblings, today the deceased, Giovanni sive John Muscat and George Muscat, as well as the wife of George Muscat, the deceased Jane sive Giovanna Muscat, all together acquired from Maria Bezzina the sub-direct dominium and the annual and temporary sub-groundrent burdening all the said immovables, thus consolidating the same with the temporary sub-utile dominium on the same immovables which perverted them from the inheritance of their parents, the deceased Carmelo Muscat and Maria Muscat;

7. That Giovanni sive John Muscat died on the 16th February 2011, and his share of the property in question devolved on his five children, the applicants Patricia Stellini, Julie Camilleri, Mary Azzopardi, George Muscat, and Trudie Muscat in equal shares between them. By means of a will published in the records of Notary Mary sive Mariella Mizzi dated 22nd February, 2008, he left by title of legacy to the applicant Anna Zammit, and by title of legacy to the same five applicant children, the right to perceive any income from the sale of any property devolved upon him from the inheritance of Carmelo and Maria Muscat;

8. That George Muscat died on the 9th February, 2019, and his share of the property in question devolved, as regards the node property on his two children the applicants Christopher George Muscat and Stephanie Muscat in equal shares between them, and as regards the usufruct on his wife Jane sive Giovanna Muscat. By means of a contract published in the records of Notary John Gambin dated 6th December, 2019, the said Jane sive Giovanna Muscat terminated her right of usufruct devolved on her from the inheritance of her husband. Jane sive Giovanna Muscat died on 5th January, 2023;

9. That thus the respondent has an undivided share of one eighth (1/8) of the property in question, That is an undivided portion of twelve point five percent (12.5%), whilst the applicants have an undivided share of seven out of eight (7/8) of the same property, That is an undivided portion of eighty seven point five percent (87.5%);

10. That by means of a preliminary agreement of the 7th April, 2022 (Doc. B) as amended by the correction of the 14th February 2023 (Doc. C), and as subsequently extended till the 14th December, 2023 (Doc. D), made before Notary Dr Chantelle Cassar, previously Cauchi, all the applicants promised to sell, assign and transfer to the companies Excel investments Limited (C81721) and 2 Aces Developers Limited (C99064), the property in question with its own airspace and subsoil, as subject to the annual and temporary groundrent of euro, fifty seven cents (€1.57) payable to the Joint Office, as subject to all the conditions emanating from the original emphyteutical concession made by means of a contract published in the records of Notary Giuseppe Rossi dated 28th December 1897, as subject to the leases above described, otherwise free and unencumbered, with all its rights and appurtenances, and this towards the price of two mIllion and fifty thousand euro (€2,050,000) for its whole, and under all the terms and conditions therein defined;

11. That, however, the respondent is not agreeing on the sale merit of the same preliminary agreement;

12. That for the purposes of the provisions of Article 495A of the Civil Code, the applicants declare That the property in question has been held in common between the parties for more than three years, and none of the same parties ever instituted an action before any court or tribunal for the partition of the same property;

13. That all the applicants agree That the sale of the property in question should be made according to all the terms and conditions of the preliminary agreement of the 7th April, 2022, as extended till the 14th December, 2023, and the correction of the 14th February, 2023, and in case this Honourable Court orders, That is to authorise, the sale according to the wishes of the applicants, or rather according to the wishes of the largest number of co-owners in the size of the value of the shares held by each co-owner, the dissident co-owner, or rather the respondent, shall not be seriously prejudiced by such order;

14. That thus this proceedings had to be made.

Thus, the respondent is to state why this Honourable Court should not, saving any necessary and opportune declaration:

i. authorise the sale of the temporary utile dominium for the remaining period from one hundred and fifty (150 years commencing on the 28th December, 1897, of a divided portion of land measuring circa one thousand and seventeen square metres (1,017m²) forming part of the field known as Ta' Bordin, in Triq Clarence, Gwardamanġa limits of Msida, other times referred to as limits of Tal-Pietà, with all the immovables built on it and listed in paragraph number 2 of this application, with its airspace and subsoil, as subject to the annual and temporary groundrent of euro, fifty seven cents (€1.57) payable to the Joint Office, as subject to all the conditions emanating from the original emphyteutical concession made by means of a contract published in the records of Notary Giuseppe Rossi dated 28 December, 1897, as subject to the above mentioned rents, otherwise free and unencumbered, with all its rights and appurtenances, as per the preliminary agreement of the 7th April, 2022, as extended till the 14th December, 2023, and the correction of the 14th February, 2023,

ii. determine the price or other consideration for the sale of the same property if necessary by the operation of architects and appointed experts,

iii. determine the time, day and place, when and where the transfer is to take place,

iv. appoint a notary to publish the deed,

v. appoint a curator, also from amongst the applicant co-owners themselves to represent the respondent co-owner in the event That she fails to appear before the notary for the contract of transfer.

With costs

Norval Desira, LLD               

Melissa Anastasi, L.P.

68/69, Triq Melita, Valletta

The Sworn Application in the names mentioned above is postponed to 20th March, 2024, at 9.00 a.m.

Notify Respondent: Marden Josephine, 54, Apollo Drive, Hallett Cove, 5158, South Australia, Australia

CARMEL ABELA M.SC. IN MANAGEMENT DPA, 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 5th September, 2023, Application number 1577/2023, by Mario Farrugia et whereby they requested that it be declared open in favour of Giorgia Farrugia, Maria Anna Fenech, Vincenza Farrugia, Victor Farrugia, Carmen Fenech and Mario Farrugia brothers and sisters of the decujus in the quota of one seventh (1/7) undivided share each one of them and in favour of Mario Farrugia son of the late Joseph Farrugia the latter brother of the decujus in the quota of one seventh (1/7) undivided share the succession of Mary Grace Farrugia, unmarried, daughter of the late George Farrugia and Josephine Farrugia née Sammut, born in Naxxar, Malta, resided in Naxxar, Malta, and died in Msida, Malta, on the 12th May, 2023, aged 75, and who held identity card number 0280048M.

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 given by the Civil Court, First Hall on the 8th November, 2023, on the application of Bank of Valletta plc (C2833), Tuesday, 16th April, 2024, at eleven in the morning (11.00 a.m.), has been fixed for the sale by auction, to be held in room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

A portion of excavated land with a total superficial measurement of circa two hundred and ninety-seven square metres (297sqm) which previously consisted of tenement numbered officially as number forty-four (44) and named 'Santa Maria', in Triq Indrì Borg, Ħaż-Żebbuġ. This land has a development permit issued by the Planning Authority PA/1416/20 dated seventh April, of the year two thousand and twenty one (07.04.2021) to build a garage and parking spaces at basement level, and three apartments at basement level and at first floor. The tenement is located outside the development zone at southwest of Ħaż-Żebbuġ, with access from a formed road, of width of circa 6.75m in front of the property. The façade of the tenement on the other side of the road is an area outside the development zone, however, on the back side of the tenement there is a building that used or is still used as an animal farm. The tenement was originally acquired by means of an exchange act dated seventh of March, of the year nineteen hundred and eighty nine (7.3.1989) in the acts of Notary Antoine Agius, free and unencumbered and valued at five hundred and sixty thousand euro (€560,000).

The said tenement is the property of Bugeja Pauline (ID 371461M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 72/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 29th February, 2024, and upon an application numbered 196/2024, ordered:

The Director of the Public Registry to make the necessary annotation or correction in the Act of Birth bearing number 4034/1987, because wherever the surname D'Ugo known as D'Ugo appears, it will be replaced by the surname D'Ugo only.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By decree given by the Civil Court, First Hall, on 8th February, 2024, on the application of Dr Joseph Mizzi noe (ID 29787G), Wednesday, 24th April, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held in Room number 78 nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of MV Sea Patron:

Vessel named Sea Patron with official number and IMO 8214097, registered Malta, call sign 9HA2402, gross tonnage 622, net tonnage 186 and length of 38.09 meters.

N.B. The said vessel will be sold as described in the acts of Judicial Sale file number 3/23.

Marvic Farrugia

For the Registrar of 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 19th February, 2024, following a request of Maria Giovanna sive Juanita Grech it was ordered that deputy curators be chosen to represent the absentee Charles Zarb in the records of Appeal number 3/2024 in the names Maria Giovanna sive Juanita Grech vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application, filed in the Court of Appeal, in the names Maria Giovanna sive Juanita Grech (ID 278054M) vs Deputy Curators to represent Charles Zarb (ID 0051960M) absent from Malta, on the 5th February 2024, the applicant Maria Giovanna sive Juanita Grech (ID 278054M) requested with respect:

That in terms of Articles 23 and 24 of the marriage Act – Cap. 255 of the Laws of Malta, declare that the marriage which took place on the 16th December, 1984, between the parties is null and without effect for all intents and purposes of law and the decision given on the 30th May, 2023, whereby the marriage was declared null by means of the judgement given by the Metropolitan Tribunal of First Instance of Malta, is executable in Malta and consequently this Court is requested to authorise the registration of the declaration of nullity of the above mentioned marriage for all intents and purposes of law and order that the relative annotation be made in the marriage deed registered in the Public Registry concerned regarding the above mentioned marriage.

Applicant: 148, Triq il-Merkanti, Valletta

Notification: Director Public Registry, Evans Building, Triq il-Merkanti, Valletta

State Advocate, Casa Scaglia, 16, Triq Mikiel Anton Vassalli, Valletta

Deputy curators: Law Courts, Valletta

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

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

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

Given by the Court of Appeal, above mentioned, with the witness of the Hon. Chief Justice Mark Chetcuti, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal, Superior Jurisdiction, on the 24th January, 2024, in the records of the Application number 33/2019 in the names Austin Gatt; Claudio Terribile, Salvina Ballucci and Giovanna Axiaq, Stephen Cordina; Annunziata Tabone; Michael Portelli; Francesco Saverio Vassallo; Giovan Vella; Joseph and Felicienne Xerri and Victoria Camilleri vs Karkanja Devlopments Limited (C34155), the following publication was ordered for the purpose of service of some of the respondents mentioned below in this notice, in terms of Article 187 (3) et sequitur of Cap. 12.

By means of Appeal Application number 33/2019 in the names premised the appellant company Karkanja Devlopments Limited felt aggrieved by part of the judgment delivered on the 27th April, 2023, id est the Court of Magistrates (Gozo) Superior Jurisdiction General Section namely where it decided that the appellant company does not have the right to build apartments and a penthouse in the blocks de quo mentioned in the appeal application and this on the basis of three grounds of appeal: 1) as regards the effects that the easment was not registered; 2) as regards the unlawfulness of parts of the construction; and 3) an incorrect factual and legal evaluation by the first court of the contract dated 27th August, 2016.

Therefore, the appellant company respectfully requests this Honourable Court of Appeal to reform the judgment of the 27th April, 2023, by confirming it in the part where it declared that the building of the additional apartments (Block C) shall not prejudice the respondent plaintiffs and by annulling and revoking the rest of the same judgment and thus upholding the pleas of the appellant company and in this manner rejecting the claims of the respondent plaintiffs with costs of both instances against them.

Notification: Claudio Terribile, 'St Anna', Triq il-Ġebla tal-Ġeneral, San Lawrenz

Michael Portelli: Flat 4, Block C, Etoile Flats, Triq tad-Duluri, Marsalforn, Gozo

Annunziata Tabone, 43, Triq Monsinjur Vella, Victoria, Gozo

Giovanna Għaxaq, FredJane, Triq G. Micallef, Victoria, Gozo

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 7th February, 2024, in the records of Sworn Application  number 3/2023GG, which was filed on the 6th September, 2023, in the names: Iċ-Chairperson Uffiċċju għall-Irkupru tal-Assi et vs Kont bil-User ID: 35650310 Amministrat mill-Exchange Virtwali Binance, the following publication was ordered in terms of Article 48(1)(b) tal-Kap. 621, for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Order that the user ID: 35650310 account administered by the virtual Exchange Binance and any virtual currency contained in the same account be transferred to the Government of Malta. With costs.

The Sworn Application in the names mentioned above is postponed to 7th May, 2024, at 12.15 p.m.

Notify Respondent: Binance Europe Services Limited, 14, East, Level 5B, Triq Tas-Sliema, Gżira

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 29th February, 2024, in the records of Sworn Application number 1281/2023AD, which was filed on the 10th November, 2023, in the names: Bartolo Joseph et vs Mallia Bernard, the following publication was ordered in terms of Article 187(3) et sequitur of Cap.12, for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the defendant to pay the plaintiffs the sum of twenty six thousand and seven hundred euro (€26,700) as liquidated. With costs against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 9th April, 2024, at 10.20 a.m.

Notify Respondent: Mallia Bernard, 208, Flat 1, Triq it-Torri, Tas-Sliema

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 7th March, 2024, in the records of the Warrant of Prohibitory Injunction number 91/2024/1DC, which was filed on the 19th January, 2024, in the names: Toni Trade Limited vs Lara Investments Limited, the following publication was ordered in terms of Article 187 (3) et sequitur of Cap 12, for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Order the issuing of the Warrant of Prohibitory Injunction against the respondent.

The Warrant of Prohibitory Injunction in the names mentioned above is postponed to 15th April, 2024, at 10.15 a.m.

Notify Respndent: Lara Investments Limited. Lara Buildings, Triq Ġużeppi Calì, Iklin

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

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 12th December, 2023, on the application of Sandra A.S. Limited (C92793), Tuesday, 23rd April, 2024, 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 flat numbered number one (1), in Cottonera Flats, in Triq Luigi Rosato, in Cospicua, as described below, and is valued at two hundred and thirty thousand euro (€230,000);

The flat numbered number two (2), in Cottonera Flats, in Triq Luigi Rosato, in Cospicua, as described below, and is valued at three hundred and twenty five thousand euro (€325,000);

The flat number one (1) and flat number two (2) consists of apartments at first floor level in a block of six apartments and penthouse, without their airspace, underlying third party property, accessible from a common access, free and unencumbered and including all their rights and appurtenances, subject to the passage of rain water and drainage pipes according to what is necessary for the service of the property that forms part of the same block. The block that the two apartments form part of has a common stairs and a common lift, is overlying a garage complex situated at basement level and bounding the entire block from the northeast with Conception Street, from the northwest with property of unknown third parties and from the southwest by Triq Luigi Rosata. These flats were acquired by the company Small Properties Limited by means of a contract in the acts of Notary Pierre Cassar dated twenty nineth September, of the year two thousand and three (29.9.2003).

The said tenement is the property of Small Properties Limited (C29977).

N.B. The said tenement will be sold as described in the acts of judicial sales number 55/2023.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 5th March, 2024, following a seizure warrant number 75/2024 of Michael Debono Limited with the registration number C10002, Monday, 22nd April, 2024, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at 'Toyota Showroom' in Triq l-Imdina, Ħaż-Żebbuġ, of the following vehicle and motor cycle described below seized from the property of Gabriella Milczarek (ID 0218817A):

Vehicle of the make Range Rover with the registration number BCP 269;

and

Motorcyle of the make Keeway with the registration number DCM 664.

N.B. The said vehicle and motorcycle will be sold as described in the acts of Judicial sale file number 4/24.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree given, by the Court of Appeal, Superior Jurisdiction, on the 31st January, 2024, in the records of the application number 942/2020 in the names Jamie Schembri (ID 202874 (M)) vs Lara investments Limited (C24441), the following publication was ordered for the purpose of service of Lara investments Limited in terms of Article 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 942/2020 filed on the 19th May, 2023, in the names premised the appellant Jamie Schembri felt aggrieved by the judgment of the Court of First Instance dated 21st April, 2023, as it made a wrong appreciation of the evidence produced before it when it failed to consider the evidence of Notary Maria Spiteri.

Therefore, the exponent appellant requests this Court to annul and revoke the judgment mentioned delivered by the Honourable First Hall of the Civil Court dated 21st April, 2023, in the names premised and instead proceed to uphold the claims of the appellant in their entirety with the costs of both instances against the respondent company.

Notification: Lara investments Limited, Lara Buildings, Triq Giuseppe Calì, Iklin

Dr Franco Bondin, LLD, M. Jur.

for Registrar Civil Courts and Tribunals

By means of a decree delivered by the Constitutional Court, on the 5th February, 2024, in the records of Application Number 381/2022 in the names Giuseppa Farrugia (ID No 0266730 M) vs the State Advocate and John Collins (ID No 703549M) and Angela Collins (ID number 545348M), the following publication was ordered for the purpose of service of the said John Collins and Angela Collins in terms of section 187 (3) et sequitur of Cap. 12.

By means of the Constitutional Appeal Application number 381/2022 filed on 20th October, 2023, by Giuseppa Farrugia, the appellant felt aggrieved by the judgment of the 12th October, 2023, and thus is humbly filing an appeal against it on the basis of various grounds listed in this appeal application.

Therefore, the appellant is requesting this Honourable Constitutional Court to reform the judgment delivered by the First Hall of the Civil Court (Constitutional jurisdiction) on the 12th October, 2023, by confirming it in so far as it rejected the pleas of the respondent State Advocate and the respondents Collins, and confirms it where it upheld the plaintiff's demands, provided that it shall reform it as regards the fact that regarding the liquidation of damages it shall be declared and decided that the injury suffered by the applicants was for the whole period, from the year 1990 till the coming into force of Act XXVII of 2018, that is by the 1st August, 2018, and thus the pecuniary damages are to be liquidated in the amount of not less than twenty-seven thousand, three hundred and forty-four euro, and eighty cents (€27,344.80) or other appropriate sum, besides non-pecuniary damage amounting to at least fourteen thousand euro (€14,000), globally amounting to forty-one thousand, three hundred and forty-four euro, and eight cents (€41,344.80) interests from the date of filing of the original application till the date of effective payment and reform it as regards the fact that it should declare that Article 12B of Cap 158 breaches the rights of the owners as sanctioned in the First Article of the First Protocol of European Convention with costs of both instances against the respondent State Advocate.

Notify: John Collins and Angela Collins 62, Flat 1, Triq San Martin, Żurrieq

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 22nd February, 2024, in the records of Application number 844/2022 in the names Commissioner for Revenue vs Tipbet Limited (C63741), the following publication was ordered for the purpose of service of Tipbet Limited in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by Appeal Application number 844/2022 filed on the 10th November, 2023, in the names premised, the Commissioner for Revenue and Customs previously Commissioner for Revenue against a judgment delivered by the First Hall Civil Court, on the 12th October, 2023, the appellant felt aggrieved by this judgment primarily where the Court of First Instance concluded that the appellant should tender assistance to the applicant Authority for Recovery only for the years 2016 till the year 2018 and not for all the years for which assistance was requested, which was also for the years 2014 and 2015 and therefore the judgment under appeal is manifestly erroneous (the first ground of appeal). Furthermore, and this without prejudice to the first ground of appeal, the Court of First Instance rendered an incorrect interpretation of the obligation that the appellant Commissioner has to assist the applicant Authority in the request for recovery made to him under European Directive 2010/24 EU (the second ground of appeal). The appellant Commissioner also submits the nullity of the judgment delivered by the Court of First Instance because this court decided beyond what was requested in the original application by the appellant Commissioner, as well as it exceeded the jurisdiction given to it by the very law.

Therefore, the appellant Commissioner for Revenue and Customs humbly requests that this Honourable Court upholds his appeal on the grounds brought forward by him, by confirming the judgment of the Court of First Instance of the 12th October, 2023, in so far as the registration of part of the document attached and marked as Doc. A was ordered in the records of the proceedings as an executive title, as well as it varies the same judgment by ordering the registration of the same Doc. A in its entirety as an executive title. With costs against the appellant company.

Notification: Tipbet Limited, 109, Level 0, Triq Sir William Reid, Gżira GZR 1033

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 29th February, 2024, in the records of Appeal Application number 1058/2010 in the names Costantino Muscat in his own name and as mandatary of the absentee Joseph Muscat ; Catherine wife of Publius Farrugia and by Decree of the 15th November, 2017, the acts of the case in the name of Catherine wife of Publius Farrugia were transferred onto the name of Publius Farrugia, Joseph Farrugia and Charles Farrugia upon her death, Peter Camilleri, Ruth wife of Brian John Agius, Janelle Camilleri, Giovanna Mizzi and by Decree of the 10th December, 2015, the acts of the case in the name of Giovanna Mizzi were transferred onto the name of Maria Theresa known as Marthese Mizzi upon her death, Mosè Muscat and by Decree of the 31st July, 2014, the acts of the case in the name of Mosè Muscat were transferred onto the names of Costantino Muscat, Costanza Cassar, Giovanna Mizzi, Carmela Muscat Camilleri and Charles Muscat on death his, Mary Anne Muscat as heir of her husband Rosario Muscat, Carmel Muscat, Emanuel Muscat, Costantina sive Connie Cassar, Maria Carmela Muscat; Peter Muscat and by Decree of October 14th, 2014, the acts of the case in the name of Peter Muscat were transferred onto the name of his wife Michelina Muscat and his children Carmel Muscat, Catherine Zammit, Martina Bugeja, Angela Sciberras, Alfred Muscat, Anna Griscti and Josephine Saliba on his death; Marguerite Vella in her own name and as mandataries for the absentee Carmen Zerafa, Jose Muscat, Angela Mallia, Rose Buhagiar who by Note of the 11th October, 2011, renounced the cause, Carmel Muscat, Teresa Muscat who by Note of the 11th October, 2011, renounced the cause, Grace Saliba in her own name and as mandatary of the absentee Concetta sive Connie Carr who with a Note of the llth of October, 2011, renounced the cause, John Muscat, Frances Bianchi, Carmen Muscat, Antonia Muscat, Catherine Muscat, Joseph Muscat, Josephine Schembri, Emanuela Schembri and Rita Theuma; Publius Farrugia, Mario Farrugia and Joseph Farrugia vs Nazzareno sive Reno Muscat and Anna Muscat and by Decree of the 23rd March, 2022, Anna Muscat took over the records of the cause on behalf of her husband the deceased Nazzareno Muscat sive Reno Muscat and by Decree of the 1st December, 2011, were joined in suit Maria Concetta sive Cettina Carr, Mary Rose sive Rose Buhagiar and Theresa Muscat, the following publication was ordered to serve as a notification in regard to the said Tereża Muscat under section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of Appeal Application number 1058/2010 filed on the 7th July, 202 the appellants Nazzareno sive Reno Muscat (ID 93658(M)) and Anna Muscat (ID 289657(M)) felt aggrieved by the final judgment delivered on the 8th June, 2022, in the premised names based on three grounds of appeal, namely: i) the lack of integrity of the judgment; ii) the facts regarding the farm as a residence of the defendants; and iii) in regard to the valuations of the properties.

Therefore, the appellants humbly request that this Honourable Court to: 1) annul, revoke and cancel the judgment of the 8th June, 2022, in the aforementioned names delivered by the First Hall of the Civil Court and consequently send the records of the proceedings back to the first Court by joining in suit the son of the deceased Mosè Muscat and this for the sake of the integrity of the judgment, and for the continuation of the cause, or alternatively; 2) to vary the same judgment by annulling, revoking and cancelling only that part of the judgment where the first Court ordered that part of the garden and the rest of the property apart from the farm should be sold by licitation and on how the proceeds should be divided and consequently orders that the farm and the garden subject matter of this inheritance be assigned entirely to the defendants and that the other property be assigned to the plaintiffs or be sold by licitation with the due payment of a sum of money in case of inequality of shares so that the plaintiffs would take their share of the inheritance; and 3) by accepting the third ground of appeal, in any case, the same sentence is varied in the sense that it annuls, revokes and cancels the first Court nominated Architect Mario Cassar to present all the plans for the judgment to be executed and this within thirty days and to review the estimates within two weeks from when the relative contract of partition is published, and consequently to send back the records to the first Court so that the architect can make an additional report with these estimates and plans. With costs against the plaintiffs.

Notification: Teresa Muscat, 12 Triq l-Imdawra, Żurrieq

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals