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Court Notices published in Government Gazette No. 21,214 of 28th March 2024

Date Icon 28/03/2024

Notice 721

721

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 14th April, 2023, following a request of Gaetano Borg et it was ordered that deputy curators be chosen to represent the respondents in the records of the Sworn Application 388/2023HM, in the names Gaetano Borg et vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Gaetano Borg (ID 278053M) in his own name and as procurator of Antonia Sammut (Australian identity card 2051079090) and Georgina Schembri (Australian passport PB5178944) and Katy Callus-Upstone (United Kingdom passport number 529814042); David Emmanuel Joseph Borg (ID 392607L) as procurator of Michael Angelo Borg (Canadian passport number GK206705 and Maltese identity card number (ID 684146M)); Joseph Mary Camilleri (Australian driving licence 6327ZJ), Maria Hemmings (0383203L), Victoria Falzon (KI 455251M), Teresa Sciberras (ID 1017646M), Jane Sant (ID 455151M), Dolores Spiteri (ID 11455M), Jane Camilleri (ID 591964M), Andrew Borg (ID 451371M), Raymond Borg (ID 92677M), Mary Rose Borg (ID 227144M), Rene Borg (ID 353668M), Suzanne Gulia (276572M), Joseph Camilleri (ID 770754M), John Camilleri (ID 429460M), Silvester Camilleri (ID 253869M), Nathalie Sant (ID 497367M), Maria Assunta Abela (ID 094662M), Marica Agius (ID 306672M), Anna Cassar (ID 27080M), George Alexander Camilleri (ID 541088M), Marija Camilleri (ID 434495M), Adrian Carl Camilleri (ID 252191M), Brian Bajada (ID 301275M), Gordon Bajada (ID 221877M), Jonathan Bajada (ID 298984M), Gilbert Bajada (ID 298884M), Jimmy Muscat (ID 219882M), Jane Muscat (ID 471066M), Mary Camilleri (ID 005760M), Margaret Zahra (ID 251863M), Carmen Grech (ID 34061M), Maria Victoria (ID 810547M) in her own name and as procurator of Joseph Benjamin Michael Borg (Australian driving licence number 4639NU and Maltese identity card number (ID 240044M) and of Vincent Borg (Australian driving licence number 1307MD and Maltese identity card number 25243M) and of Carmen Vassallo (Australian identity card number 2038760256 and Maltese identity card number (ID 184538M) and of Giovanna Attard (Australian driving licence number 6189SF and Maltese identity card number 437639M); Mark Borg (ID 344676M), Jonathan George Borg (ID 59084M), Carol sive Carla Borg (ID 442447M), Gracie Gatt (ID 506372M), Marlene Azzopardi (ID 4141973M), Jane Farrugia (ID 259275M), Raymond Testa (ID 908551M), Maria Dolores Testa (ID 339453M), Stephen Testa (ID 84762M), Fredrick Testa (ID 856854M), Joseph Testa (ID 50661M) vs deputy curators to represent the absent Philomena Booth née Callus residing at 46, Ainsworth Road, Bury, Lancashire BL8 2QB, Renju Unit; William Trevor Hemmings residing in United Kingdom; Philomena Cashman née Callus (United Kingdom passport number 515111435) residing 32 Argosy Way, Newport NP19 0DH, United Kingdom; Elisabeth John Callus residing in Australia, Philomena Delia née Callus residing in Australia, Mary née Pace residing in Australia, Regina Callus residing in Australia and Giovanna Testa née Saliba (ID 557123M) residing in Malta, on the 11th April, 2023, the applicants Gaetano Borg (ID 278053M), Antonia Sammut (ID 279641M), Georgina Schembri (ID 906449M) Katy Callus-Upstone (United Kingdom passport number 529814042; Josephine Mary Camilleri (Australian driving lincence 63272J), Maria Hemmings (0383203L), Victoria Falzon (ID 455251M), Teresa Sciberras (ID 1017646M), Jane Sant (ID 455151M), Dolores Spiteri (ID 11455M), Jane Camilleri (ID 591964M), Andrew Borg (ID 451371M), Raymond Borg (ID 92677M), Mary Rose Borg (ID 227144M), Rene Borg (ID 353668M), Suzanne Gulia (276572M), Joseph Camilleri (ID 770754M), John Camilleri (ID 429460M), Silvester Camilleri (ID 253869M), Nathalie Sant (ID 497367M), Maria Assunta Abela (ID 094662M), Marica Agius (ID 306672M), Anna Cassar (ID 27080M), George Alexander Camilleri (ID 541088M), Marija Camilleri (ID 434495M), Adrian Carl Camilleri (ID 252191M), Brian Bajada (ID 301275M), Gordon Bajada (ID 221877M), Jonathan Bajada (ID 298984M), Gilbert Bajada (ID 298884M), Jimmy Muscat (ID 219882M), Jane Muscat (ID 471066M), Mary Camilleri (ID 005760M), Margaret Zahra (ID 251863M), Carmen Grech (ID 34061M), Maria Victoria (ID 810547M), Giovanna Attard (Australian driving licence number 6189SF and Maltese identity card number 437639M), Vincent Borg (Australian driving licence number 1307MD and Maltese identity card number 25243M), Joseph Benjamin Michael Borg (Australian driving licence number 4639NU and Maltese Identity card number (ID 240044M), Carmen Vassallo (Australian identity card number 2038760256 and Maltese identity card number (ID 184538M), David Emmanuel Joseph Borg (ID 392607L), Michael Angelo Borg (Canadian passport number GK206705 and Maltese identity card number 684146M); Mark Borg (ID 344676M), Jonathan George Borg (ID 59084M), Carol Borg (ID 442447M), Gracie Gatt (ID 506372M), Marlene Azzopardi (ID 4141973M), Jane Farrugia (ID 259275M), Raymond Testa (ID 908551M), Maria Dolores Testa (ID 339453M), Stephen Testa (ID 84762M), Fredrick Testa (ID 856854M) and Joseph Testa (ID 50661M) requested with respect so that this Honourable Court:

1.  Authorise the sale as proposed in this application and in the said promise of sale, including the value therein fixed;

2. Fix a time, day and place where the transfer is to take place;

3. Nominate Notary Dr Andre Farrugia to publish the relative deed;

4. Appoint a curator, also from amongst the co-owners themselves to represent whoever of the co-owner fails to appear before Notary Dr Andre Farrugia for the contract or other instrument of transfer;

5. Order the applicants to deposit that part of the price which belongs to the respondents by means of a schedule of deposit under the authority of the Court;

6. Authorise the applicants so that from what is to be deposited in terms of the preceding demand all the expenses and fees due from this procedure according to an official tax issued by the Registrar of the Court be deducted.

And this under those other provisions that it deems fit and opportune to impose by the same Honourable Court.

The application in the names Gaetano Borg pro et noe vs Philomena Booth et (Application number 388/2023HM) is postoned for hearing for the 2nd April, 2024, at 9.15 a.m.

Applicants: Ortensia, Triq Daniel Callus, Żebbuġ ZBG 1113

Respondents: Deputy curators

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

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

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

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

26 Marzu 2024

Notice 722

722

By a decree of the 17th of August, 2023, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Vodafone Malta Limited (C10865) on the 11th of November, 2022, is asking for the withdrawal of the amount of one thousand and seventy seven euro and thirty cents (€1077.30) deposited by the schedule of deposit number 2759/2022 in the names of:

Vodafone Malta Limited (C 10865) vs Pierre Bugeja (ID 422178M)

The Court ordered the notification of the said application to the respondent with seven days (7) from the date of the notification to file a reply.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

Notice 723

723

By a decree given on the 28th July, 2022, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 22nd January, 2024, after the application of HSBC Bank Malta plc (C3177), Thursday, 4th July, 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 penthouse internally marked number five (5), on the third floor level, with its airspace, with the right of access from the common areas, overlying other apartments and forming part of a block of apartments named Fair Winds, previously or other times indicated as Castagna House, in Triq l-Iskal, Marsaskala. The roof and the airspace are subject to the right of installation and maintenance of a water tank, television aerial and air conditioner unit of the maisonette named Mandy Castagna House, as well as subject to the installation and maintenance of a solar water heater/panel, three air conditioning units, one water tank, satellite dish and aerial of the underlying apartment, bounded West by the said street, north and east with the successors in title of Maximilian and Mary spouses Castagna. The penthouse is exempted from any payments of any ground rent and sub ground rent, free and unencumbered and with all its appurtenances, with the passive servitudes resulting from its location, as better described in the acts Notary Ruben Casingena dated twenty fifth (25) August, two thousand and nine (2009), and is valued at three hundred and forty thousand euro (€340,000).

The said tenement is the property of Mallinowski Steffen (ID 21795A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

26 Marzu 2024

Notice 724

724

By decree given by the Civil Court First Hall on 18th December, 2023, on the .application of Ludwig Camilleri et noe, Thursday, 9th May, 2024, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, nearby the Court of Justice, Level -1, Triq ir-Repubblika, Valletta, of the following property:

The property is a warehouse unnumbered officially and known as 'Alexander Garage' in Triq il-Maħżnier, Ħal Luqa unknown correct boundaries.

The said tenement is the property of Marcus Camilleri (ID 287106L) who has an undivided share of twenty three out of twenty-four (23/24) and Andrew Camilleri (ID 624149M) who has an undivided share of one out of twenty-four (1/24).

N.B. The said tenement will be sold as it was described in the acts of judicial sales number 65/2023 after a judgement given on the ninth of November of the year two thousand and twenty-three (9.11.2023) by the Judge Audrey Demicoli, Application number two hundred and seventy-three of the year two thousand and two (273/2022) in the names Ludwig Camilleri et vs Andrew Camilleri.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunal

26 Marzu 2024

Notice 725

725

By means of a decree given by the Civil Court, First Hall, in the records of the Sworn Application number 821/2023AB, which was filed on 26th July, 2023, in the names: Angela sive Gina Balzan et vs Deputy Curators Dr Maria Karlsson et, the following publication was ordered, in terms of Article 495A et sequitur of Cap. 16.

In the First Hall Civil Court

Angela sive Gina Balzan (ID 0097247M), Victor Bezzina (ID 0750751M), Maria Fatima Bezzina (ID 0454450M), Juliana Cassar Bezzina (ID 0119177M), and Ranier Bezzina (ID 0393181M)

vs

Dr Maria Karlsson as deputy curators to represent the unknown heirs of Carmela Xuereb

Application of Angela sive Gina Balzan, Victor Bezzina, Maria Fatima Bezzina, Juliana Cassar Bezzina, and Ranier Bezzina, according to the provisions of Article 495A of the Civil Code (Cap. 16 of the Laws of Malta).

Respectfully submit:

1. That the parties are co-owners of an undivided share of nine out of ten (9/10) of the divided portion of land the measurement of which is valued by architects, appointed by the prospective purchaser of the same divided portion of land, of circa four hundred and eighty square metres (480 sq.m.) ('Doc.  A'), and situated in Xemxija, St Paul's Bay, bounded on the north by property of the same applicant, on the east partly by property of the applicant and partly by a staircase leading from Triq it-Telgħa tax-Xemxija to the same divided portion of land, and from the other boundaries by property of unknown third parties, which undivided share of the land in question persuaded the applicant from the inheritance of Emanuele Formosa, as shall be explained;

2. That these divided shares of the said divided portion of land (hereinafter 'the land in question') were acquired by Emanuele Formosa, during his marriage with Angela Formosa née Grixti, from the inheritance of Giuseppe Cini and his wife Maria Cini née Sammut, by means of three separate acts or rather:

i) as for the undivided share of one fifth (1/5) subject to the annual and perpetual groundrent of circa shillings, by means of a contract published in the records of Notary Victor Bisazza dated 3rd October, 1949 ('Doc.  B');

ii) as for the undivided share of three fifths (3/5) subject to the annual and perpetual groundrent of circa shillings and a half, by means of a contract published in the records of Notary Dr John Tabone Adami dated 10th January, 1950 ('Doc.  C');

iii) as for the undivided share of one-tenth (1/10), subject to the annual and perpetual groundrent of circa shillings and a half, by means of a contract published in the records of Notary Dr John Tabone Adami dated 19th November, 1951 ('Doc.  D');

3. That from the said contract published in the records of Notary Victor Bisazza dated 3rd October, 1949, it results that the said Giuseppe Cini and his wife Maria Cini died testate and thus the land in question devolved on their five children. Among the five siblings Cini was Carmela Xuereb, widow of Gio Batta Xuereb, who also died intestate so that the undivided share of one fifth of the (1/5) devolved on her from the land in question, then devolved on her four children siblings Xuereb;

4. That from the said siblings Xuereb, only two appeared on the said contract, that is Annunziata Viscoso and Maria Zarb siblings Xuereb, whilst the other two siblings, on whom he devolved an undivided share of one twentieth (1/20) each of the land in question, are not mentioned by name in the same deed, and thus the applicants do not know who they are and do not have a means to trace them;

5. That all the inheritance assets of the deceased Emanuele Formosa and Angela Formosa devolved on their two children, also deceased, Giuseppa Formosa and Francesca sive Frances Bezzina, and this in equal shares between them;

6. That Giuseppa Formosa died on the 21st November, 1976, and her share of the land in question devolved on her sister Frances Bezzina;

7. That Frances Bezzina died on the 15th August, 2017, so that the land in question devolved on her three children, the applicants Angela sive Gina Balzan and Victor Bezzina, as well as on her other son, today deceased, Anthony Bezzina, in equal shares between them. By means of a will published in the records of Notary Dr Carmelo Giuseppe Vella dated 16th October, 1964, Frances Bezzina left as her heirs her three children, and left her husband, the deceased Salvatore Bezzina, as usufructuary of her whole wealth, but since he died before her on the 11th July 1994, the usufruct of the land in question never devolved on him;

8. That Anthony Bezzina died intestate on the 15th March, 2021, and his share of the land in question devolved, as for half (1/2) undivided share on his wife the applicant Maria Fatima Bezzina, and as for half (1/2) undivided share on his children the applicant Juliana Cassar Bezzina and Ranier Bezzina in equal shares between them;

9. That thus the unknown respondents heirs of Carmela Xuereb have between them an undivided share of one tenth (1/10) of the land in question, that is an undivided portion of ten per cent (10%), whilst the applicants have an undivided share of nine tenths (9/10) of the same land, that is an undivided portion of ninety per cent (90%);

10. That by means of a preliminary agreement of the 2nd May, 2023 ('Doc.  E'), made before Notary Dr Sam Abela, all the applicants promised to sell, assign and transfer to the company GSM Mġarr Limited (C102414) the land in question, with all its rights and appurtenances, this towards the price of six hundred thousand euro (€600,000) for its whole, and under all the terms and conditions therein defined. Notwithstanding the above, the value attributed to the same land in question according to architects appointed by the prospective purchaser of the same land in question is eight hundred thousand euro (€800,000), so that the price of the undivided share of one tenth (1/10) of the land in question belonging to the unknown heirs of Carmela Xuereb is of a maximum of eighty thousand euro (€80,000);

11. That for all intents and purposes it is pointed out that by means of the same preliminary agreement the applicants are promising to sell, assign and transfer to the same company even other movables which are related to the present procedures only indirectly in so far as they are bordered with the land in question;

12. That for the purposes of the provisions of Article 495A of the Civil Code, the applicants declare that the land in question has been held in common between the applicants' ancestors and the unknown respondents heirs of Carmela Xuereb for more than three years, and that, as far as they know, none of the applicants' parties or ancestors has ever brought an action before any court or other 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 2nd May, 2023, but, as already premised the applicants do not know who the respondents heirs of Carmela Xuereb are and do not have a means to trace them;

14. That thus this cause had to be made.

Thus, the applicants ask this Honourable Court so that, saving any necessary and opportune declaration:

i) Authorise the sale of a divided portion of land measuring circa four hundred and eighty square metres (480 sq.m.) in Xemxija, St Paul's Bay, bounded on the north by property of the same parties, on the east partly by property of the parties and partly by a staircase leading from Triq it-Telgħa tax-Xemxija for the same divided portion of land, and other boundaries with property of unknown third parties, with all its rights and appurtenances, as per preliminary agreement dated 2nd May, 2023;

ii) Determine the price or other consideration for the sale of the same land if necessary by the appointment of architects and 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 to represent the unknown respondents heirs of Carmela Xuereb before the notary for the contract of transfer.

NORVAL DESIRA, LLD               

MELISSA ANASTASI, L.P.

68/69, Triq Melita, Valletta

The Sworn Application in the names mentioned above is deferred to 11th April 2024 at 11.00 a.m.

Notify: Dr Maria Karlsson and PL Peter Sammut.

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

For the Registrar, Civil Courts and Tribunals

12 Marzu 2024

Notice 726

726

By means of a decree given by the Civil Court, First Hall, on the 4th March, 2024, in the records of Sworn Application number 12/2018/2TA, which was filed on the 5th January, 2018, in the names: Portelli Mark Anthony vs Zammit Norman, 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: Condemn the defendant to pay the plaintiff the amount of thirty thousand euro (€30,000). With all costs against the defendant who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 15th April, 2024, at 9.30 a.m.

Notify Respondent: Norman Zammit, Verdala, Blk B, Flat 27, San Ġorġ Estate, St Julians

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

For the Registrar, Civil Courts and Tribunals

25 Marzu 2024

Notice 727

727

By means of a decree given by the Civil Court, First Hall, on the 15th February, 2024, in the records of Sworn Application number 1303/2023DC, which was filed on the 15th November, 2023, in the names: Micallef Stephania vs Mamo Alfred 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: Condemn the defendants to pay the sum so liquidated. With costs and interest against the defendants who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 16th May, 2024, at 9.15 a.m.

Notify respondent: Mamo Alfred and Sużanne, Barumbara Farmhouse, Ta Żgamardi, limits of Siġġiewi, Siġġiewi

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

For the Registrar, Civil Courts and Tribunals

25 Marzu 2024

Notice 728

728

By means of a decree of the 19th January, 2024, of the Civil Court (Family Section), in the records of the application in the names Kyle Mallia vs Martina Xuereb, in the letter number 378/2023, the following publication was ordered for the purpose of effecting service on the respondent Kyle Mallia in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the letter number 378/2023AL in the names Kyle Mallia vs Martina Xuereb, filed in the Civil Court (Family Section), on the 18th January, 2024, the applicant Martina Xuereb (ID 23001H) requested this Honourable Court such that:

1. Deal with this application urgently and with an abbreviation of the legal terms;

2. Decide, pendente lite regarding the report of the Directorate for Child Protection of the 12th September and this in the best interest of the relationship between the minor and the applicant his mother;

3. If the first request is not possible to be accepted to order service by means of the publication procedure in the Government Gazette and in a local newspaper, together with posting to the address indicated and the local police station and the Local Council's office;

4. Orders the closure of mediation due to lack of interest and collaboration on the part of the respondent;

5. Authorise the applicant Martina Xuereb to proceed to the cause of care and custody against the respondent.

Saving any other provision that this Honourable Court deems fit to give.

With costs against the respondent

Martina Xuereb, 108, Block C, Flat 6, Triq l-Alfier de Medran, Ħal Tarxien

Notification: Kyle Mallia, 175, Triq Isouard, Marsa

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

Letter number 378/2023

The Court,

Having seen the application,

Uphelds the third request and orders the notification to the couterparty with five (5) working days within which to submit a reply.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 729

729

By means of a decree of the 31st January, 2024, of the Civil Court (Family Section), in the records of the Application in the names Lara Vella Baldacchino vs Andrew Frendo, in the letter number 550/2023, the following publication was ordered for the purpose of effecting service on the respondent Andrew Frendo in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the mediation acts number 550/2023AL in the names Lara Vella Baldacchino (ID 225787M) vs Andrew Frendo (ID 67578M), filed in the Civil Court (Family Section), on the 18th December, 2023, the applicant Lourdes Mercieca (ID 0387465M) requested this Honourable Court such that:

1. Order that the father of the minor, Andrew Frendo pays the applicant maintenance for the needs of the minor in the amount of not less than €350 every four weeks or another correct sum for his son, which sum includes his share of the health and education expenses of the same minor;

2. Order that in case the minor does not continue to live with the maternal grandmother but goes to live with his mother Lara Vella Baldacchino, the maintenance as ordered is paid to the mother;

3. Order that the maintenance which the same Court deems fit to impose, be increased every year according to the cost of living index;

4. Order that the maintenance so liquidated be paid by standing order into an account indicated to him by the interpellant or the mother as the case may be.

And this saving any other provision that the same deems fit to impose.

applicant – 48, Divine Mercy, Triq iċ-Ċervjola, Marsaskala

Notification: Andrew Frendo, 15, Sqaq l-Iskoċċiżi, Cospicua

Civil Court (Family Section): The Honourable Mr Justice Antonio G. Vella, LLD

Letter number 550/2023

The Court,

Having seen the application,

Orders the notification to the counterparty with ten (10) working days within which to submit a reply.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 730

730

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 6th February, 2024, in the records of the judicial letter number 920/2023, in the names Benjamin Zarb et vs Dylan Zammit et, ordered the following publication for the purpose of effecting service on the respondent Dylan Zammit, in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Dylan Zammit (ID 101291M) of 60, Triq M. A. Vassalli, Ħal Qormi QRM 05, Malta

Mapfre Middlesea plc

Addcar Malta Ltd

By means of this present Benjamin Zarb (ID 0467696M) of 2, Triq Inverness, Paola, Malta, and Joshua Micallef (ID 0115391M) of 123, Triq Luqa Briffa, Gżira, Malta, they are officially soliciting you for all intents and purposes of law, so that within ten (10) days from the notification of the present you come forward for the liquidation of damages caused to them as a consequence of a collision produced by dangerous, negligent driving and a substantial lack of proper lookout on the part of the driver Dylan Zammit (KI 101291M), which fault is attributable to him alone.

That as a consequence of the same dangerous, negligent driving and a substantial lack of proper lookout on the part of the driver Dylan Zammit (KI 101291M) the interpellant Benjamin Zarb (KI 0467696M) suffered grievous and serious injuries, so much so, that he himself was in danger of dying and till this day he suffers the medical consequences of the same incident.

That not only the interpellant Benjamin Zarb (KI 0467696M) was in danger of dying, but the same respondent Dylan Zammit (KI 101291M) caused considerable damage to the vehicle of Joshua Micallef (KI 0115391M) a car with registration number DCP 224 and of the make Ford Focus.

Thus, you are presently being called upon to come forward for the liquidation of all the damages suffered by the interpellant.

In default legal proceedings will be taken against you.

With costs and legal interest till the effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 731

731

By means of a decree of the 1st November, 2023, given by the First Hall of the Civil Courts, in the records of the judicial letter number 4475/2020, in the names Commissioner of Revenue vs Raymond Bellia, ordered the following publication for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Raymond Bellia (326057M) of 11, Triq ir-Rebħa, Rabat, on the 18th December, 2020, the Commissioner of Revenue of Department of Inland Revenue, Floriana, calls upon you so that within two days you pay the sum of €155,244 as for the amount of €66,236 representing the tax from the income and provisional tax for the years of assessment 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008 and as for €89,008 as additional tax and interest according to the Notice/Demand for Payment here attached animo ritirandi and marked as Doc. A.

As you failed to pay the amount due the interpellant notwithstanding the request for payment (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount due within the time given he will proceed with the execution of the title obtained in terms of Article 40 of the Act regarding the Tax Administration.

Pay the costs of this act

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 732

732

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 25th October, 2023, in the records of the judicial letter number 2843/2023, in the names Joseph Saliba et vs Alexander Mercieca, ordered the following publication for the purpose of effecting service on the respondent Alexander Mercieca, in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Alexander Mercieca (ID 85363M) of 4, Anil, Triq il-Ħawt, Swieqi

By means of this present Joseph Saliba (ID 256367M) and Stephanie Saliba (ID 382568M) of 14, Anfield, Vjal il-Bon Pastur, Ħal Balzan BZN 1620, make reference to the contract which was published by Notary Dr Dorian Sciberras on the 17th March, 2023, by means of which the interpellants acquired from you the airspace of an apartment with number 10 in the site already occupied by the house with the farm number 41 and 43 Triq San Ġużepp, Tal-Pietà. Although you guaranteed possession of the property transferred, the interpellants were informed that on the 22nd March, 2023, special hypothecs were registered on this property by Cameron Vassallo and his wife Ramona Vassallo and by Roderick Seychell and his wife Raquel Seychell and this for money due to them by you.

Thus, with the present the interpellants are soliciting you so that within one week from the date of this letter, you make the necessary arrangements to remove the special hypothec from the property transferred to the interpellants and this so that the possession of the interpellants on the property sold to them is not violated.

In case this is not done, the interpellants will proceed further against you by all the means given to them by law, including if necessary by Court procedures and by issuing a prohibitory injunction on all the property which you still have registered in your name and this at extra costs for you.

This letter is being sent in terms of the Civil Code (Cap 16) of the Laws of Malta.

So much so that you may know how to direct yourself. It is this as a last resort. With costs.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 733

733

By means of a decree given by the Court of Magistrates (Malta) on the 9th November, 2023, in the records of the judicial letter number 69/2021 in the names Commissioner for Revenue vs Etienne Cini, the following publication for the purpose of service was ordered in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Etienne Cini (ID 432577M), on the 13th January, 2021, the Commissioner for Revenue, solicits you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this letter you pay the sum of €3,481.26 representing the amount due by you personally as Value Added Tax according to the same Act, qua director of the company Probe Trading Limited (C42498).

With costs and interest according to the said Act XXIII of 1998 till the date of effective payment.

This solicitation is being made for all intents and purposes of law and particularly, but not exclusively, in order to render the executive title that the Commissioner of Revenue has against you by means of a notice sent to you.

In default, the interpellant warns you, that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

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

Interpellant: Commissioner of Revenue, Block 5, Triq Vincenzo Dimech, Floriana

Notification: i) The Penthouse, 47, Triq Sir Luigi Camilleri, Tas-Sliema

ii) Premiere Pas Ta' Habel Bellu, Triq Ħaż-Żebbuġ, Rabat

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 734

734

By means of a decree of the 8th June, 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1355/2022 in the names Automated Revenue Management Services Limited noe vs Raymond Agius the following publication was ordered for the purpose of effecting service on the respondent Raymond Agius in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

 To Raymond Agius (ID 799554M) of 40, Triq Sant'Alfonsu, Tas-Sliema

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €9,566.73, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations and the water supply regulations together with interest due on the amount according to law regard the utility bills number 101000230851 regarding the premises 40, Ray Rose, Triq Sant'Alfonsu, Tas-Sliema.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 735

735

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Charlene Zammit (ID 590185M) filed an application under oath (number 42/24 AL) demanding corrections of the Act of Birth of the minor Lean Zammit, number 1425/2024 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Rita Vella Baldacchino

For Registrar, Civil Courts and Tribunals

27 Marzu 2024

Notice 736

736

By means of a decree given by the Civil Court, First Hall, on the 1st August, 2023, in the records of Sworn Application number 388/2023MH, which was filed on the 11th April, 2023, in the names: Borg Gaetano pro et noe et vs Booth Philomena et, the following publication was ordered, in terms of Article 495A et sequitur of Cap. 16, for the purpose of service of the respondents.

In the First Hall Civil Court

Application in terms of Article 495A of Cap. 16 of the Laws of Malta of Gaetano Borg (ID 278053M) in his own name and as mandatary of Antonia Sammut (Australian charter 2051079090) and Georgina Schembri (Australian passport PB5178944), and Katy Callus-Upstone (UK passport number 529814042); David Emmanuel Joseph Borg (392607L) in his own name and as mandatary of Michael Angelo Borg (Canadian passport number GK206705 and Maltese identity card number 684146M); Josephine Mary Camilleri (Australian driving licence 6327ZJ), Maria Hemmings (ID 0383203L), Victoria Falzon (ID 455251M), Teresa Sciberras (ID 1017646M), Jane Sant (ID 455151M), Dolores Spiteri (ID 11455M), Jane Camilleri (ID 591964M), Andrew Borg (ID 451371M), Raymond Borg (ID 92677M), Mary Rose Borg (ID 227144M), René Borg (ID 353668M), Suzanne Gulia (ID 276572M), Joseph Camilleri (ID 770754M), John Camilleri (ID 429460M), Silvester Camilleri (ID 253869M), Nathalie Sant (ID 497367M), Maria Assunta Abela (ID 094662M), Marica Agius (ID 306672M), Anna Cassar (ID 27080M), George Alexander Camilleri (ID 541088M), Marija Camilleri (ID 434495M), Adrian Carl Camilleri (ID 252191M), Brian Bajada (ID 301275M), Gordon Bajada (ID 221877M), Jonathan Bajada (298984M), Gilbert Bajada (ID 298884M), Jimmy Muscat (ID 219882M), Jane Muscat (ID 471066M), Mary Camilleri (ID 005760M), Margaret Zahra (ID 251863M), Carmen Grech (ID 34061M), Maria Victoria (ID 810547M) in her own name and as mandatary of Joseph Benjamin Michael Borg (Australian driving licence number 4639NU and Maltese identity card number 240044M); and of Vincent Borg (Australian driving licence number 1307MD and Maltese identity card number 25243M); and of Carmen Vassallo (Maltese identity card number 2038760256 and Maltese identity card number 184538M); and of Giovanna Attard (Australian driving licence number 6189SF and Maltese identity card 437639M); Mark Borg (ID 344676M), Jonathan George Borg (ID 59084M), Carol sive Carla Borg (ID 442447M), Gracie Gatt (ID 506372M), Marlene Azzopardi (ID 414973M), Jane Farrugia (ID 259275M), Raymond Testa (ID 908551M), Maria Dolores Testa (ID 339453M), Stephen Testa (ID 84762M), Fredrick Testa (ID 856854M), Joseph Testa (ID 50661M)

vs

Philomena Booth née Callus, residing at 46, Ainsworth Road, Bury, Lancashire BL8 2QB, United Kingdom; William Trevor Hemmings, United Kingdom resident; Philomena Cashman née Callus (United Kingdom Passport number 515111435) residing at 32, Argosy Way, Newport NP19 0DH, United Kingdom; Elisabeth John Callus resident in Australia; Philomena Delia née Callus resident in Australia; Mary née Pace resident in Australia; Regina Callus resident in Australia; Giovanna Testa née Saliba, identity card number 557123M, residing in Malta

Application of Gaetano Borg (ID 278053M), Antonia Sammut (ID 279641M), Georgina Schembri (ID 906449M), Katy Callus-Upstone (UK passport number 529814042), Josephine Mary Camilleri (Australian driving licence 6327ZJ), Maria Hemmings (ID 0383203L), Victoria Falzon (ID 455251M), Teresa Sciberras (ID 1017646M), Jane Sant (ID 455151M), Dolores Spiteri (ID 11455M), Jane Camilleri (ID 591964M), Andrew Borg (ID 451371M), Raymond Borg (ID 92677M), Mary Rose Borg (ID 227144M), René Borg (ID 353668M), Suzanne Gulia (ID 276572M), Joseph Camilleri (ID 770754M), John Camilleri (ID 429460M), Silvester Camilleri (ID 253869M), Nathalie Sant (ID 497367M), Maria Assunta Abela (ID 094662M), Marica Agius (ID 306672M), Anna Cassar (ID 27080M), George Alexander Camilleri (ID 541088M), Marija Camilleri (ID 434495M), Adrian Carl Camilleri (ID 252191M), Brian Bajada (ID 301275M), Gordon Bajada (ID 221877M), Jonathan Bajada (ID 298984M), Gilbert Bajada (ID 298884M), Jimmy Muscat (ID 219882M), Jane Muscat (ID 471066M), Mary Camilleri (ID 005760M), Margaret Zahra (ID 251863M), Carmen Grech (ID 34061M), Maria Victoria (ID 810547M), Giovanna Attard (Australian driving licence number 6189SF and Maltese identity card number 437639M), Vincent Borg (Australian driving licence number 1307MD and Maltese identity card number 25243M), Joseph Benjamin Michael Borg (Australian driving licence number 4639NU and Maltese identity card number 240044M), Carmen Vassallo (Australian identity card number 2038760256 and Maltese identity number 184538M), David Emmanuel Joseph Borg (ID 392607L), Michael Angelo Borg (Canadian passport number GK206705 and Maltese identity card number 684146M), Mark Borg (ID 344676M), Jonathan George Borg (ID 59084M), Carol Borg (ID 442447M), Gracie Gatt (ID 506372M), Marlene Azzopardi (ID 414973M), Jane Farrugia (ID 259275M), Raymond Testa (ID 908551M), Maria Dolores Testa (ID 339453M), Stephen Testa (ID 84762M), Fredrick Testa (ID 856854M), and Joseph Testa (ID 50661M)

Respectfully submit:

i. That the parties above indicated are all co-owners of the whole of a divided portion of land known as 'Il-Ġnien ta' San Pawl' of superior area of circa one thousand one hundred and twenty four square metres (1124 ms), including the underlying ground and its airspace, as well as ameliorations which are built and/or placed in it with a facade above and direct access from Triq il-Madliena (including the current small door), in the district known as 'Ta' Xwieki', in Madliena, in the limits of Swieqi gia in the limits of Ħal Għargħur;

ii. That the owners or rather co-owners who did not sign the preliminary agreement and/or cannot be traced, have been in a state of co-ownership in title with the Applicants for a period exceeding ten (10) years. Thus, the requirement that the said property be held in common for more than three (3) years according to that indicated in Article 495A (1) of Cap. 16 of the Laws of Malta was satisfied;

iii. Furthermore, the same Applicants confirm that there is no lawsuit regarding the partition of the same property before any tribunal or competent court of the country;

iv. That the Applicants entered into a preliminary agreement regarding the said property 'with the company Godwin's properties Limited (C96118) with Notary Public Dr Andre Farrugia dated 10th March, 2023, towards the price of two hundred thousand euro (€200,000) (Doc. A), which price is fair in the tenendo market taking into account that the land is not a fableable one and outside development zones, which promise of sale is registered according to law;

v. That the Applicants are not in a position to sell the whole since there is the undivided portion above mentioned to the unknown owners and thus they are availing themselves of Article 495A of Cap. 16 of the Laws of Malta in order that the said sale be approved by this Court;

vi. That the Applicants have twenty nine out of thirty six shares (29/36), as already declared in the same preliminary agreement, and the Applicants are attaching a prospectus showing the number and value of the shares that each of them holds in terms of Article 495A of Cap. 16 (Doc. B);

vii. That the Applicants bound themselves to file the present procedure according to law and the same preliminary agreement is subject to the same (vide Clause 2);

viii. That together with the present application, the Applicants brought forward their declaration according to law that they agree with the sale in terms of the said preliminary agreement, as well as hereby attached a declaration in terms of Article 495A (4) of the Civil Code (Doc. C);

ix. Thus there exist all the elements demanded by Article 495A so that this Honourable Court can authorise the sale.

Thus, the Applicants are asking, that for the reasons above explained, this Honourable Court:

a. Authorise the sale as envisaged in this application and in the said preliminary agreement, including with the value determined therein;

b. Determine the time, day and place, when and where the transfer is to take place;

c. Appoint Notary Public Dr Andre Farrugia to publish the relative deed;

d. Appoint a curator, also from amongst the co-owners themselves, to represent whoever of the co-owners fails to appear before Notary Public Dr Andre Farrugia for the contract or other instrument of transfer;

e. Order the Applicants to deposit that part of the price which belongs to the Respondents by means of a schedule of deposit under the authority of the Court;

f. Authorise the Applicants so that from what is to be deposited in terms of the preceeding demand all the expenses and fees due of this procedure are deducted from the procedure according to an official tax issued by the Registrar of Courts,

and this under those other provisions that it deems fit and opportune to impose by the same Honourable Court.

Adv. Dr Edward Zammit Lewis, 203, Apt. 2, Vincenti Buildings, Triq l-Ifran, Valletta

PL Jean-Pierre Busuttil.

Courts of Justice, Valletta

Notifications

Applicant: Gaetano Borg, 'Ortensia', Triq Daniel Callus, Ħaż-Żebbuġ ZBG 1113, Malta

Respondent: Giovanna Testa: 86, St. Vincent Street, Tas-Sliema 

The Sworn Application in the names mentioned above is postponed to 2nd April, 2024, at 9.15 a.m.

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

For the Registrar, Civil Courts and Tribunals

26 Marzu 2024