Court Notices published in Government Gazette No. 21,271 of 19th June 2024

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 30th May, 2023, following a request by Eileen Farrugia et it was ordered that deputy curators be appointed to represent the unknown direct owners and sub direct owners in the acts of the schedule of deposit number 1069/2023 in the names Eileen Farrugia et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 29th May, 2023, in the names Eileen Farrugia née Sciberras, wife of Joseph Farrugia, born in San Ġwann on the 28th October,1965, and residing at 20A, Boat House, Triq tax-Xtut, St Paul’s Bay (ID 0520065M); Maria Sciberras unmarried, previously married to David Mangion, which marriage was annulled, born in San Ġwann on the 27th January, 1968, and residing at Montparnasse, 39, Triq Madre Margherita Debrincat, Pembroke (ID 0078268M); Salvina sive Sylvia Grech, divorced from Raymond Grech, daughter of Emanuel Sciberras and Concetta sive Cetta Sciberras née Zammit born in Birkirkara on the 29th August, 1962, and residing at 20 Yucca Court, Flat 13, Triq Carmelo de Lucca, St Paul’s Bay (ID0576062M) vs Deputy Curators to represent the unknown direct owners and/or subdirect owners, the applicants Eileen Farrugia née Sciberras (ID 0520065M), Maria Sciberras (ID 0078268M) and Salvina sive Sylvia Grech (ID 0578062M) respectfully submitted:

That the applicants are the owners of the premises that is the appartment number 12, in block number 115, known as Windsor Flats, Triq J. Quintinus, Qawra, St Paul’s Bay (for here onwards The Property – shown on site plan attached Doc. A);

That the applicants acquired the property by inheritance from their parents who, on their part, acquired the property from the spouses Anthony and Michelle Galea, by deed of sale of the 20th April, 1996, records of Notary Dr George Bonello Dupuis;

That on this deed it is stated that the property is subject to its rate of annual and perpetual groundrent of Lm1.25, which sum is today equivalent to €2.91;

That by means of a schedule of deposit and redemption of groundrent of the 29th May, 2008, the applicants’ parents had redeemed the groundrent from those who were the presumed owners and namely Angelo Vella, Antonio Nattrass and Salvina Clarke as for €1.10 redeemable at the rate of 3% and Marcelle Muscat Fenech, Claire Demarco, Theresa Fenech, Joseph Vassallo and Anne and John brothers Busuttil as for €1.80 redeemable at the rate of 5%. A copy of the schedule of deposit in question with accompanying documents is hereby attached, including the deed of acquisition of the 20th April, 1996 (Doc. B);

That it should be stated that the amounts deposited were withdrawn, and from 2008 till today, no one expected any further payment of groundrent regarding the property;

That however, from research regarding the root of title of property carried out by the applicants, it is not clear from where the title of the direct owners in respect of whom the redemption was made results, and if one considers the previous contracts of the 5th March, 1980 (Doc. C) and of the 10th May, 1966 (Doc. D)referred to in the root of title section in the contract of acquisition it is not even completely clear how the groundrent amounted to Lm1.25 and as it was split;

Furthermore, due to the passage of time and the various transfers over the years, it is difficult to resort to who the direct owners and/or sub-direct owners to whom the groundrent was originally due and much less than their living heirs.

Thus despite that the groundrent burdening the property was; redeemed in 2008, the applicants – ex abudantia cautela – are going to deposit again the amount of redemption, besides the payment of groundrent for these last five years and this by means of the present schedule of deposit which is going to be filed against curators to represent the unknown direct owners.

That in the light of the above, the applicants are bringing forward this schedule by means of which they are depositing:

i. the sum of €58.20 representing the groundrent of €2.91 capitalised at the rate of 5%;

ii. the sum of €14.55 representing for all intents and purposes the arrears for the last five years.

Thus, in terms of sub-article 7 of the same article 1501 of the Civil Code, the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €72.75 representing the price of redemption of this annual and perpetual groundrent regarding the property mentioned, and also the arrears of the last five years so that it will be freely withdrawn by the curators representing the unknown direct and/or sub-direct owners, after leaving the relative receipt.

Applicants: Eileen Farrugia née Sciberras, 20A, Boat House, Triq ix-Xtut, St Paul’s Bay

Maria Sciberras, Montparnasse, 39, Triq Madre Margherita Debrincat, Pembroke

Salvina sive Sylvia Grech, 20, Yucca Court, Flat 13, Triq Carmelo de Lucca, St Paul’s Bay

Service on: Deputy curators 

Director Public Registry, Triq il-Merkanti, 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 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 Francesco Depasquale, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 27th May, 2024, in the records of Sworn Application number 195/2024MS, which was filed on the 20th February 2024, in the names: Novum Bank Limited vs Lehmann Marvin 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 defendants or either of whom to pay the plaintiff company the sum so liquidated due to damages. With all costs and legal interest against the respondents 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 26th September, 2024, at 9.30 a.m.

Notify Respondent: Lehmann Marvin. Apart 5, St Matthews, Triq C. De Brockdorff, Msida

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

For the Registrar, Civil Courts and Tribunals