Court Notices published in Government Gazette no 21,232 of 25th April 2024

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 by John Mary Casha et vs deputy curators to represent the unknown owners in the records of the schedule of deposit number 733/2023 in the names John Mary Casha et vs deputy curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 733/2023 in the names of John Mary Casha (ID 241457M) and his wife Carmen Casha (ID 539661M) of 11 Triq San Ġużepp, Birkirkara vs deputy curators to represent the interests of the unknown owners of the garage with number 50 previousl 37A found in Triq il-Qalb Imqaddsa, Birkirkara filed in the First Hall of the Civil Court on the 12th April, 2023 the applicants John Mary Casha (ID 241457M) and his wife Carmen Casha (ID 539661M) of 11 Triq San Ġużepp, Birkirkara respectfully submitted:

That by means of a contract in the records of Notary Dr Ann Fenech Adami, dated 26th March, 2009, a copy hereby attached and marked Doc A the applicants had acquired during the marriage, from Carmelo sive Charles Birffa, Josephine Belli, Mary Caruana, Christian Briffa, Sonia Maria Micallef and Antoine Briffa by onerous title, the garage with number 50 previously 37A which is situated in Triq il-Qalb Imqaddsa, Birkirkara as subject to the annual and perpetual groundrent of €3.35 previously Lm1.43, otherwise free and unencumbered, with all its rights and pertinences.

That by means of a deed of partition in the records of Notary Dr Angelo Sammut dated 14th May, 1973 copy hereby attached and marked Doc B, the said property was assigned to the ascendants of the said Carmelo sive Charles Briffa, Josephine Belli, Mary Caruana, Christian Briffa, Sonia Maria Micallef and Antoine Briffa and namely Gaetana Briffa.

That the applicants did everything in their power to identify the owners of the directum dominus of the said property and because the contracts here mentioned did not have a further source they could not be found.

That presently the applicants are depositing the last five (5) instalments due from the groundrent which amount in total to the sum of €16.75.

The applicants are availing themselves of the option given to them in terms of Article 1501 of Chapter 16 of the Laws of Malta and are passing on to redeem this same groundrent in terms of the same law.

That as a consequence the applicants shall deposit the following:

1) the last five (5) instalments due amounting to €16.75;

2) the annual and perpetual groundrent burdening the premises above mentioned which amounts to €3.35 previously Lm1.43 capitalised at 5% and that is €67 so that the present for all effects of law redeem this annual and perpetual groundrent and to be withdrawn by the respondents and this after leaving the due receipt according to law.

That the total amount which is thus to be deposited by the applicant is of €83.75 which is being raised to €100 according to law.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the global sum of €100.

Applicants: John Mary Casha – 11, Triq San Ġużepp, Birkirkara

Notification: Director Public Registry Onda Building, Triq Aldo Moro, Marsa.

Lands Registry – 116, Casa Bollino, Triq il-Punent, Valletta.

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 LL.D. 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 25th March, 2024, in the records of the Application Number 188/2015 in the names Stephanie Attard [ID No. 461781 (M)] vs Kenneth Attard [ID No. 501077 (M)], the following publication was ordered for the purpose of service of Kenneth Attard in terms of section 187(3) et sequitur of Cap 12.

By means of Appeal Application No. filed on the 7th December, 2023 in the names premised, the appellant Stephanie Attard felt aggrieved by the judgment of the Honourable Civil Court (Family Section) delivered on the 9th November, 2023 on the basis of two grounds of appeal, namely: 1. the first court failed to protect the paramount interests of the minor when delivering the schedule of access of the respondent in respect of the minor for the weekend and 2. the same court was incorrect in assigning to the appellant the sum of five thousand euro only as payments that the respondent made to third parties.

Therefore, the appellant requests this Honourable Court that it reforms the judgment of the Civil Court (Family Section) of the 9th November, 2023 in the names premised in terms of the grounds of appeal raised in the application, and thus, it amends it by reforming the second modality in such a way that weekend access shall take place on Saturday between ten oʼclock in the morning (10:00am) and noon (12:00pm) under the supervision of the employees of the the Childrenʼs Care Directorate, whilst cancelling access on public holidays and special occasions, and assign to the appellant the sum of EUR23,293.74 as the share of the same appellant Stephanie Attard from a sum of EUR46,587.47 paid by the respondent to Charlene Attard as mother of the child that he had outside marriage, at a time when the community of acquests was still in force between the parties, and this whilst confirming the rest of the contents of the appealed judgment, with the costs of both instances to be borne by the respondent.

NOTIFICATION: Kenneth Attard, 57, Arches Crt, Flt 1, B. Bontadini Street, Birkirkara.

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

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered, by the Court of Appeal, Superior jurisdiction, on the 25th March, 2024, in the records of the Application Number 786/2022 in the names MGM Properties Limited (C84557) vs David Muscat, the following publication was ordered for the purpose of service of David Muscat in terms of section 187 (3) et sequitur of Cap 12.

By means of the Appeal Application No. 786/2022 filed on the 10th October, 2023 in the premised names, the appellant company MGM properties Limited felt aggrieved by the judgment of the First Hall Civil Court delivered on the 18th September, 2023 wherein it dismissed the claims of the plaintiff company with costs against it. Whereas the grounds of appeal are clear and consist in the following: 1. the Court of First Instance could not raise the plea of lack of registration of the preliminary agreement once the defendant did not submit it; 2. the Court did not give the appellant company the opportunity to regulate itself and furnish evidence of registration of the preliminary agreement.

Therefore, the appellant company humbly requests that this Honourable Court cancels and revokes the judgment in the names premised delivered by the First Hall Civil Court on the 18th September, 2023 whereby it rejected the demands of the plaintiff company, and consequently whilst upholding the present appeal, upholds also the same plaintiff companyʼs demands, with costs of both instances against the respondent defendant.

NOTIFICATION: David Muscat, “St Anthony", Block B, Flat 1, Triq is-Sgħajtar, Mosta

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 15th March 2024, in the records of Sworn Application No:1311/2023MS, which was filed on the 16th November, 2023, in the names: Falzon Anthony vs Ciantar Mary, the following publication was ordered, in terms of Article 187 (3) et seq. of Cap.12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Order the respondent to remove the chimney and extractors from the property of the applicant, and this within a short and peremptory period, if necessary, with the assistance of an architect appointed by the Court. With costs against the respondent who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 24th May, 2024 at 9.15 a.m.

Notify Respondent: Ciantar Mary. 35, Vicmar, Triq iż-Żafran, Ħ'Attard

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

For the Registrar, Civil Courts and Tribunals