Court Notices published in Government Gazette no 21,332 of 22nd October 2024

By means of a decree of the 4th September, 2024, of the Rural Leases Control Board, in the records of the Application in the names Josephine Schembri et vs Adrian Saliba et, Application number 29/2024SG, the following publication was ordered for the purpose of effecting service on the respondents Adrian Saliba and Stefan Saliba 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 names Josephine Schembri (ID 667856M) and Marianne Schembri (ID 667956M) vs Adrian Saliba (ID 567174M) and Stefan Saliba (ID 421879M) filed in the Rural Leases Control Board, on the 5th July, 2024, the applicants Josephine Schembri (ID 667856M) and Marianne Schembri (ID 667956M) requested this Honourable Board to declare why it should not order the restitution of the land in the area of San Tumas, Ħal Luqa, which is accessible from Alley Number 1, Triq il-Karmnu, Ħal Luqa, and has a superficial measurement of about 2,900 square meters as shown on the plan here attached and marked as Doc. A, which lease the respondents pay an agricultural rent of €13.97 per annum payable every 15th August of each year in arrears and this within a short and peremptory time and this after the respondents take the compensation. appropriate si et quatenus, as established by this Board.

With costs and from now the respondents are summoned so that a reference to their oath be made.

Applicants: 8, Jesus Mary Joseph, Triq San Benedittu, Ħal Kirkop

Respondents: Adrian Saliba, Marlbourough House, Fl. 3, Triq Raddet ir-Roti, St Paul's Bay

Stefan Saliba, Orioloc, St Andrew's Court, Triq Wied il-Knejjes, Ħal Luqa

The application in the names Josephine Schembri et vs Adrian Saliba et, Application number 29/2024SG has been postponed for hearing to the 11th November, 2024, at 10.20 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st October, 2024, of the Rent Regulation Board, in the records of the Application in the names Salvina sive Sylvia Cutajar et vs Saviour sive Sunny Bonnici, Application number 374/2024CG, the following publication was ordered for the purpose of effecting service on the respondent Saviour sive Sunny Bonnici 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 names Salvina sive Sylvia Cutajar (ID 804647M), Elaine Cutajar (ID 0075588M), Carmelo Cutajar (ID 444746M) for any interest he may have vs Saviour sive Sunny Bonnici (ID 438446M) filed in the Rent Regulation Board, on the 27th August, 2024, the applicants Salvina sive Sylvia Cutajar (ID 804647M) requested this Honourable Board why it should not:

1. Declare and decide that the respondent Saviour sive Sunny Bonnici (ID 438446M) is the lessee of the applicants of the premises 18, Triq Sant'Ursola, Senglea, in terms of Cap. 69 of the Laws of Malta;

2. Order that the means test of the respondent lessee Saviour sive Sunny Bonnici (ID 438446M) be carried out in terms of Act XXIV of 2021, which means test shall be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations which may from time to time replace them;

3. Consequently declare and decide that in terms of Act XXIV of 2021 of the Laws of Malta the rent shall be revised to an amount not exceeding 2% per annum, or any percentage which may from time to time be established, of the free and open market value of the premises on the 1st January, 2024, and namely the year during which the application was filed and in order to establish new conditions regarding the lease if the case maybe;

4. Condemn the respondent lessee Saviour sive Sunny Bonnici (ID 438446M) commence to pay such liquidated rent;

5. Give these necessary orders in terms of Article 1531F of Cap 16 of the Laws of Malta and Act XXIV of 2021 in case the lessee does not satisfy the criteria of income and capital of the means test according to regulations issued by the Minister for Housing from time to time.

With costs and the respondent from now is summoned so that a reference to his oath be made.

Applicant: Sierra Court, Flat 6, Triq Dwardu Buttigieg, Ħal Għaxaq

Notification: Saviour sive Sunny Bonnici, 18, Triq Sant'Ursola, Senglea

The application in the names Salvina sive Sylvia Cutajar et vs Saviour sive Sunny Bonnici, Application number 374/2024CG, has been postponed for hearing to the 7th November, 2024, at 9.10 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd October, 2024, of the Civil Court (Family Section), in the records of the Sworn Application in the names Gilbert Demicoli vs Vanessa Demicoli, Sworn Application Number 85/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent Vanessa Demicoli 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 records of the Sworn Application number 85/2022JPG in the names Gilbert Demicoli (ID 0005878M) vs Vanessa Demicoli (ID 486679M), filed in the Civil Court (Family Section), on the 19th August, 2024, the applicant Gilbert Demicoli requested this Honourable Court to:

1. Order that pendente lite and immediately the minor boy … omissis … resides together with his father the applicant;

2. Order that for the next scholastic year the minor boy attends the school of Ħaż-Żabbar.

Applicant: 13, Shema, Sqaq Biċċieni, Ħaż-Żabbar

Notification: Flat 3, Blk L, Misraħ Ħal Tmin, Żejtun

Civil Court (Family Section), Honourable Madam Justice Jacqueline Padovani Grima, LLD, LLM (IMLI)

Sworn Application No 85/2022JPG

The Court,

Having seen the application,

Orders the notification to the counterparty with two weeks within which to submit a reply.

The application in the names Gilbert Demicoli vs Vanessa Demicoli, Sworn Application Number 85/2022JPG, has been postponed for hearing to the 7th November, 2024, at 12.45 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th September, 2024, of the Civil Court (Family Section), in the records of the Application in the names Bernie Cascun vs Sander Sacco, Application Number 336/2024AGV, the following publication was ordered for the purpose of effecting service on the respondent Sander Sacco 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 records of the Application number 336/2024AGV in the names Bernie Cascun (KI 324980M) vs Sander Sacco (ID 160478M), filed in the Civil Court (Family Section), on the 4th July, 2024, the applicant Bernie Cascun requested this Honourable Court to pronounce the divorce between the parties according to Article 66C.

The application in the names Bernie Cascun vs Sander Sacco, Application number 336/2024AGV has been postponed for hearing to the 7th November, 2024, at 9.00 a.m.

Applicant: 56, Dar Indrì, Triq Pietru Saliba, Ħal Luqa

Respondent: 60, Sanlor, Triq Anton Falzon, Ħal Luqa

Alexandra Debattista

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 10th October, 2024, and upon an application numbered 1103/2024, ordered:

To the Director of the Public Registry, to make the appropriate annotations or corrections in the Act of Birth number 855/2021 so that the surname of the minor Tabitha is to be changed from 'Gauci' to 'Gauci Valentino'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

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 10th October, 2024, and upon an application numbered 1105/2024, ordered:

To the Director of the Public Registry, to make the appropriate annotations or corrections in the Act of Marriage number 1653/2013 so that the surname that the wife adopted after the marriage (and not the one she had at the time of the marriage) is to be corrected from 'Bennett' to: 'Bennett Rice'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

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 10th October, 2024, and upon an application numbered 1102/2024, ordered:

To the Director of the Public Registry, to make the appropriate annotations or corrections in the Act of Marriage 937/2000 in order to correct the name of the wife from 'Mariana Catarina' to 'Marianna Catarina'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree of the 29th August, 2024, in the records of the protest number 253/2024, in the names Emanuel Cutajar vs Alexia Grima Arafa pro et noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

Emanuel Cutajar (ID 465365M) vs Alexia Grima Arafa (ID 418982M) in her own name and on behalf of the business Arafa Services and Elite Network International Malta Limited (C91793) and Arafa Services Limited (C94227)

Judicial Protest of Emanuel Cutajar (ID 465365M).

Request with respect:

1. That the parties together with third parties had constituted the respondent company with the name Elite Network International Malta Limited (C91793) to provide services to third country persons, amongst which in connection with residence applications, work permits and other ancillary services. This business is today operated by the protesting parties Alexia Grima Arafa pro et noe and/or the responding company Arafa services Limited;

2. That it results that at one moment, the company Elite transferred its business to the company with the name Arafa services Limited (C94227) of which the respondent Alexia Grima Arafa is the only actions and directs and the income that had to be allowed by the company Elite was also redirected in favour of the other company Arafa services Limited and/or in favour of the respondent Grima Arafa proprio et nomine;

3. That in fact the company Arafa services Limited effectively continued the work that the company Elite had and the operation of the respondent companies is essentially the same one;

4. That the applicant made a big investment in the company Elite and subsequently also in the company Arafa services Limited so that they could start operating to pay the expenses including wages of the workers and the rent of the premises in Ħamrun from where they operate, besides other expenses;

5. That in fact, the applicant paid more than €50,000 by way of investment in this business and this besides not paying his share of all the profits he generated;

6. That thus the applicant has called upon the respondents to pay him, both the total amount he had invested in the business as well as his share of all the profit generated by the same business;

7. That despite of this, the respondents remained in default;

8. That thus, the applicant not only did not get paid back the money that he had reversed in this business and his share of the profit generated but he is also suffering damages, consisting, inter alia, in the loss of use of his money.

Thus, whilst bringing to the formal notice of all the respondents the applicant calls upon all the respondents so that they:

i. pay him all the amount which is vice versa in the business which today bears the name Arafa services;

ii. come forward for the liquidation and payment of all the profit generated by the said business and pay the interpellant his share from the same;

iii. come forward for the liquidation and payment of all the damages suffered by the interpellant due to the fault of the respondents and consequently pay him such damages so liquidated, whilst holding all the same respondents responsible from now for all the damages that the interpellants can still suffer due to the fault of the same respondents, is from now putting them in dolo, culpa and mora for all intents and purposes of law.

With costs and interest

Applicant: Emanuel Cutajar, 94, Opal Court, Flat 2, Triq Ta' Gidwet, Marsaskala

Notification: Elite Network International Limited, 19, Triq is-Santissima Trinità, Ħamrun

Arafa Services Limited, 19, Triq is-Santissima Trinità, Ħamrun

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

By means of a decree of the 12th August, 2024, in the records of the judicial letter number 2244/2024, in the names FCM Bank Limited vs Allison Management Limited et the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Allison Management Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Allison Management Limited (C86044) and Andrew Vasuani (ID 166071M)

By means of this present, FCM Bank Limited (C50343) of Suite 3, Tower Business Centre, Triq it-Torri, Swatar, refers to the public deed of loan dated 22nd June, 2021, in the records of Notary Mary Grech Pace in virtue of which a banking facility consisting of a loan of the sum of €465,000 was given by the interpellant Bank in favour of the company called Allison Management Limited whilst in virtue of the same contract the interpellant Andrew Vasuani constituted himself as surety together and in solidum with the same Allison Management Limited.

You are formally warned that due to shortcomings on your part or either of you, you are in a default position as defined in the documents Events of Default, which document forms an integral part of the deed of loan above indicated and thus you are being solicited so that within fifteen days from the service of this act you remedy this situation to the satisfaction of the interpellant Bank. Failing to do this within the time given to you, you will lose the benefit of time and the whole amount will be due immediately without any further procedures and the interpellant Bank will proceed against you according to law, including by means of requesting the issuance of the opportune warrants.

So much so that you may be notified

With costs and interest and reserving any further action due to the interpellant Bank.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

By a decree of the First Hall of the Civil Court of the 24th September, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a counter warrant number 1362/2024 filed in the First Hall of the Civil Court on the 14th August, 2024, after the Garnishee Order number 1014/2024 issued on the 14th June, 2024, in the names Mario Spiteri (ID 469658M) vs Anna Vassallo previously Spiteri (ID 449959M) wherein Anna Vassallo (ID 449959M) pleaded:

That this Honorable Court orders the issue of the opportune counter-warrant on the grounds herein mentioned.

Reason: Since the amount indicated in the Garnishee order number 1014/2024 of €1388.06 was indicated as due for expenses and the capital and interest were not indicated nor did he file a legal copy of official taxed bill of costs in support of this amount as well as the creditor Mario Spiteri did not even appear in these acts much less confirmed its contents on oath and this renders this warrant null and invalid not enforceable nor effective.

Counter warrant

To the Marshal of the Courts

Whereas after the execution of the warrant referred to in the above application, there are grounds according to law for which the same warrant should not remain in force.

In the First of Hall of Civil Court

Judge: Honourable Anthony Ellul, LLD

In the acts of the counter warrant of the Granishee Order number 1362/2024

The Court,

Saw the application;

Order the notification to the creditor with four (4) days to submit a reply.

Notification: Mario Spiteri, Lexi, Appartament Numru 3, Triq Karlu Darmanin, Mosta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the First Hall of the Civil Court of the 20th September, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a counter warrant number 1353/2024 filed in the First Hall of the Civil Court on the 13th August, 2024, after the Garnishee Order number 278/2024 issued on the 19th February, 2024, in the names Mario Spiteri (ID 469658M) vs Anna Vassallo previously Spiteri (ID 449959M) wherein Anna Vassallo (ID 449959M) pleaded:

That this Honorable Court orders the issue of the opportune counter-warrant on the grounds herein mentioned.

Reason: Since the amount indicated Garnishee Order number 278/2024 of €,3077.20 was indicated as expenses and the capital and interest were not indicated and since the basis of the claim he indicated the judgement of the Court of Appeal dated 7th December, 2023, Application number 925/2017 in the names premised and exhibited only one official judicial taxed bill of costs in relation to the garnishee order number 278/2024 amounting to €181.07,0 which does not justify the amount. In addition, the reference to the oath is cancelled and this renders this warrant null and invalid and it ought not have been issued in the circumstances.

Counter warrant

To the Marshal of the Courts

Whereas after the execution of the warrant referred to in the above application, there are grounds according to law on the basis of which the same warrant should not remain in force.

In the First of Hall of Civil Court

Judge: the Honourable Anthony Ellul, LLD

In the acts of the counter warrant of the Granishee Warrant number 1353/2024

The Court,

Saw the application,

Order the notification to the creditor with four (4) days to submit a reply.

Notification: Mario Spiteri, Lexi, Appartament Numru 3, Triq Karlu Darmanin, Mosta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd September, 2024, of the Civil Court First Hall in the records of the banns for curators in the sworn application number 551/2024FDP, in the names CFM Developments Limited vs Deputy Curators, the following publication for the purpose of service on Josephine Xuereb was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 28th May, 2024, following a request of CFM Developments Limited it was ordered that deputy curators be chosen to represent the unknown owners or their heirs, in the records of the Sworn Application 551/2024FDP, in the names CFM Developments Limited 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 CFM Developments Limited (C75646) vs Deputy Curators to represent the unknown owners (or their heirs) and their interest of the property underneath that of the applicant that is 113, Palmier, Triq Sir Patrick Stuart, Gżira, on the 16th May, 2024, the applicant CFM Developments Limited requested with respect this Honourable Court to:

1. Declare that the roof dividing the property of the property from that of the defendants is in a risky and dangerous state and that this requires repairs;

2. Order that there shall be carried out under the supervision, if necessary by an architect duly appointed for this purpose, all the necessary repairs in the said roof and wherever necessary;

3. Condemn the defendants to contribute and pay their share of the necessary expense involved in the same repairs;

4. Nominate and appoint an architect to establish and supervise all necessary repairs for the purpose of the above mentioned requests;

5. Give and grant the opportune directions and orders and impose all those conditions required according to the results of the case and according to the circumstances in terms of law.

With costs of the present procedures including those of the judicial letter of the 10th March, 2022, bearing ref n 961.2022 (vide Doc. D attached) against the defendants who are from now summoned so that a reference to their evidence be made and reserving any other action due to the plaintiff according to law against the defendant or their successors in title.

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.

Notification: Josephine Xuereb, St Mary, 33, Triq Salvu Psaila, Birkirkara

The case in the names CFM Developments Limited vs Deputy Curators (Sworn Application number 551/2024FDP) is postponed for hearing for the 26th November, 2024, at 9.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 17th July, 2024, in the records of Sworn Application number 1243/2023GMG, which was filed on the 1st November, 2023, in the names: Saffrett Peter vs Camilleri 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 defendant Alfred Camilleri to pay the plaintiff the sum of thirty thousand euros (€30,000). With all costs against the defendants who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 27th November, 2024, at 9.15 a.m.

Notify Respondents: Camilleri Alfred, 21, Flat A, Triq San Mikiel, Rabat, and Farrugia Carmelo, Reevem Rose, Triq Lapsi, Is-Siġġiewi

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 19th September, 2024, in the records of Sworn Application number 675/2024AJD, which was filed on the 14th June, 2024, in the names: Commissioner for Revenue and Customs vs Nail Cingoz, the following publication was ordered, in terms of Article 187 et sequitur of Cap. 12 for the purpose of service of the respondent. The applicant asked this Honourable Court to, among others: Order that a copy of this application together with the documents hereby attached be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta and order the registration of the document hereby attached as an official copy thereof, so that such document constitutes an executive title.

The Sworn Application in the names mentioned above is adjourned for hearing on the 5th December, 2024, at 9.10 a.m.

Notify Respondent: Nail Cingoz. Tanjoe, Flat 2, Triq il-Plejju, Mellieħa

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

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 26th September, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

JC Rentals Limited (C104143) of Quicklets No. 6, Triq il-Qasam, Swieqi, SWQ9022, filed a Claim on the 26th July 2024, whereby she asked the Court to condemn Lucie Sedlackova (Czech passport number 41543165) of 36, Valley Vista Suites, Flat 4, Triq Sammy Bartolo, Mellieħa, MLH 2042, to pay the plaintiff company the sum of €9,940, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice Number 155/2024NHV) in the names JC Rentals Limited vs Lucie Sedlackova is deferred for hearing for the 11th November, 2024, at 9.45 a.m.

Notification: Lucie Sedlackova (Czech passport number 41543165) of 36, Valley Vista Suites, Flat 4, Triq Sammy Bartolo, Mellieħa MLH 2042

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 19th July, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Karam Foede Mansour Eilqassam (ID 0052429A) of Filcar, Block A, Flat 2, Triq Carmelo de Lucca, St Paul's Bay, filed a Claim on the 8th July, 2024, whereby he asked the Court to condemn Cristina Balaceanu (ID 81744A) of 182 Morning Dew, Flat 2, Triq il-Fortizza, Mellieħa, to pay the plaintiff company the sum of €10,297.86, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 142/2024VGA) in the names Michael Debono Limited vs Cristina Balaceanu is deferred for hearing for the 18th November, 2024, at 10.30 a.m.

Notification: Cristina Balaceanu (ID 81744A) of 182 Morning Dew, Flat 2, Triq il-Fortizza, Mellieħa

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 22nd July, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Michael Debono Limited (C10002) of Toyota Showroom, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 19th July, 2024, whereby she asked the Court to condemn Alessandro Trapani (ID 0036958A) and Victoria Sharova (ID 0150203A) of 114, Fl 2, Triq Bir ir-Riebu, Rabat, to pay the plaintiff company the sum of €5,218.36, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 151/2024VGA) in the names Michael Debono Limited vs Alessandro Trapani et is deferred for hearing for the 18th November, 2024, at 10.30 a.m.

Notification: Alessandro Trapani (ID 0036958A) and Victoria Sharova (ID 0150203A) of 114, Fl 2, Triq Bir ir-Riebu, Rabat.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th June, 2024, in the records of the judicial letter number 979/2024, in the names The Rector of the University of Malta et vs Ana Maria Obando Castellanos the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Ana Maria Obando Castellanos in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Ana Maria Obando Castellanos (ID 274872A) of 107, Triq Pietru Pawl Caruana, Cospicua

By means of this present, the Rector of the University of Malta and the University of Malta calls upon you so that within two (2) days from the service of this act you pay the amount of €1075.76 as amount due by you to the interpellant as costs and fees, together with VAT on fees, in terms of the judgement given by the Honourable Court of Appeal (Inferior Jurisdiction) on the 10th January, 2024, in the names Ana Maria Obando Castellanos known as Ana Obando vs Rector of the University of Malta et (Appointment  number 53/2023LM) copy hereby attached as Doc. A according to the tax of the relative fees and expenses hereby attached as Doc. B.

In default the interpellants warn you that further procedures will be taken against you without further prior notice.

This judicial letter is being sent to you in terms of Article 256 (2) of Cap. 12 of the Laws of Malta.

With costs

Interpellant: 63, Triq l-Esperano, Msida

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

By means of a decree of the 15th October, 2024, of the Civil Court (Family Section), in the records of the Sworn Applications in the names Caroline Tabone vs Kenneth Tabone, Sworn Applications Number 243/2020 and 255/2020AL, the following publication was ordered for the purpose of effecting service on the respondent Kenneth Tabone 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 records of the Sworn Applications numbers 243/2020 and 255/2020AL in the names Caroline Tabone (ID 150381M) vs Kenneth Tabone (ID 449674M), filed in the Civil Court (Family Section), on the 9th August, 2024, the applicant Caroline Tabone requested this Honourable Court to order the withdrawal of the sworn affidavit of the said Marisa Mangion filed by the respondent by means of a note of the 5th June, 2024, and that the sworn affidavit be considered for all intents as if it had never been filed or produced and this for the reasons mentioned in particular for the provisions of Article 156 (7) of Cap. 12 of the Laws of Malta as thus quoted.

Applicant: 62, Saint Mary, Triq Sant'Anna, Qrendi

Notification respondent: 62, Blanzun, Triq il-Warda, Qrendi QRD 1943

Civil Court (Family Section), the Honourable Madam Justice Abigail Lofaro, LLD, DIP. STUD. REL, MAG. JUR (EUR. LAW)

Sworn Applications numbers 243/2020 and 255/2020AL

The Court,

Having seen the application,

Orders the notification to the couterparty with five (5) working days within which to submit a reply.

The application in the names Caroline Tabone vs Kenneth Tabone, Sworn Applications numbers 243/2020 and 255/2020AL, has been postponed for hearing to the 24th October, 2024, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 27th March, 2024, the publication of the following extract was ordered for the purpose of service on Shianne Kitcher in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.  12).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (c 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000 filed a Claim on the 20th March, 2024, whereby they asked the Tribunal to condemn Daryl Debono (KI 0116100L) of 10, Melpol, Triq L. Zamenhof, Msida, to pay the plaintiff company the sum of €1232.60, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 84/2024IS) is deferred on the 18th November, 2024, at 1.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 27th March, 2024, the publication of the following extract was ordered for the purpose of service on Shianne Kitcher in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.  12).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (c 10865) of Skyparks Business Centre, Malta International Airport, Luqa, LQA 4000 filed a Claim on the 20th March 2024 whereby they asked the Tribunal to condemn Shianne Kitcher (KI 0187897M) of 16, Daffodils, Fl 3, Triq is-Snajja, Msida to pay the plaintiff company the sum of €1135.16 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 79/2024IS) is deferred on the 18th November 2024 at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 27th March 2024, the publication of the following extract was ordered for the purpose of service on Malta Institute of Management in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap.  12).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (c 10865) of Skyparks Business Centre, Malta International Airport, Luqa, LQA 4000 filed a Claim on the 20th March 2024 whereby they asked the Tribunal to condemn Malta Institute of Management (C26755) of 58, Triq Mons Mikelang Mifsud, Mosta to pay the plaintiff company the sum of €2740.42 which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 74/2024IS) is deferred on the 18th November 2024 at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 15th April, 2024, the publication of the following extract was ordered for the purpose of service on Raymond Sammut in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Daniel Bugeja (ID 157771M) in his capacity as administrator of the condominium Kortin Park Complex, Triq n Copernicus, Mellieħa, filed a Claim on the 16th February 2024, whereby he asked the Tribunal to condemn Raymond Sammut (ID 576458M) of 20, Kortin Park Complex, Triq N Copernicus, Mellieħa, MLH 2633, to pay the plaintiff noe the sum of €3960 which amount is due to the plaintiff noe.

With costs and legal interest

The case (Claim number 31/2024MD) is deferred on the 14th November, 2024, at 12.50 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 15th April, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Ballut Block Services Limited (C 8360) of Wied Filep l/o Naxxar, filed a Claim on the 1st March 2024, whereby they asked the Tribunal to condemn Daniela Mifsud (ID 0123897M) and Tomislav Hegedus for any interest he may have in solidum between them of Flat 7, Amberley Court, Triq Anton Schembri Adami, Mosta, to pay the plaintiff company the sum of €4,825.35 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 56/2024MD) is deferred on the 26th November, 2024, at 12.45 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th September 2024 of the Civil Court First Hall in the records of the banns for curators in the judicial sale by auction application number 45/2024, in the names 35°14° vs Mary Bonello and deputy curators, the following publication for the purpose of service on Mary Bonello was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 30th July 2024, following a request by 35°14° Capital SCC plc it was ordered that deputy curators be chosen to represent the heirs of Ronald Bonello in the judicial sale by auction number 45/2024 in the names 35°14° Capital SCC plc vs Mary Bonello and Deputy Curators and in the other relative and subsequent acts.

By means of an application filed on the 18th July 2024, 35°14° Capital SCC plc (C105417) vs Mary Bonello née Grech (ID 415346m), daughter of Emanuel Grech and Rosina née Saliba, born in Bormla on the 17th April 1946 and residing at Flat 6, Cargio Court, Bay Street, Marsascala, Malta and deputy curators to represent the unknown heirs of Ronald Bonello (ID 779349M) son of Victor Bonello and Carmela Tabone born in Paola on the 19th September 1949, 35°14° Capital SCC plc (C105417) for and on behalf of Cell Couros requests with respect so that this Honourable Court:

i. Orders the issue of the Warrant of Seizure against the debtors on the maisonette on the first floor officially numbered one hundred and three (103), previously officially numbered seventy nine (79), in Triq Għajn Dwieli, Paola, Malta, subject to the annual and perpetual groundrent of thirteen Euro and sixty Euro cents (€13.60) and enjoys the active rights which result from his relative physical position and otherwise with all its rights and appurtenances;

ii. Orders the sale by auction of the said property above mentioned;

iii. Appoints an architect to assess according to law the said property in terms of Article 306 (1) of Cap. 12 of the Laws of Malta;

iv. Fixes a day, time and place for the sale by auction of the said property.

With costs against the respondents

Applicant: 19, Conservatory Street, Floriana, FRN 1521, Malta.

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 Chief Justice Mark Chetcuti LLD, Doctor of Laws.

Notification: Mary Bonello – Flat 6, Cargio Court, Bay Street, Marsascala.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 20th September 2024 of the Civil Court First Hall in the records of the banns for curators in the judicial sale by auction application number 44/2024, in the names 35°14° vs Mary Bonello and deputy curators, the following publication for the purpose of service on Mary Bonello was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 30th July, 2024, following a request by 35°14° Capital SCC plc it was ordered that deputy curators be chosen to represent the heirs of Ronald Bonello in the judicial sale by auction number 44/2024 in the names 35°14° Capital SCC plc vs Mary Bonello and Deputy Curators and in the other relative and subsequent acts.

By means of an application filed on the 18th July, 2024, 35°14° Capital SCC plc (C105417) vs Mary Bonello née Grech (ID 415346m), daughter of Emanuel Grech and Rosina née Saliba, born in Bormla on the 17th April, 1946, and residing at Flat 6, Cargio Court, Bay Street, Marsaskala, Malta and deputy curators to represent the unknown heirs of Ronald Bonello (ID 779349M) son of Victor Bonello and Carmela Tabone born in Paola on the 19th September 1949, 35°14° Capital SCC plc (C105417) for and on behalf of Cell Couros requests with respect so that this Honourable Court:

i. Orders the issue of the Warrant of Seizure against the debtors on the maisonette in the ground floor level officially numbered one hundred and five (105), formerly officially numbered eighty one (81), in Triq Għajn Dwieli, Paola, Malta, subject to the annual and perpetual groundrent of thirteen euro and sixty cents (€13.60) and subject to the passive servitudes which result from its relative physical position and with all its rights and appurtenances;

ii. Orders the sale by auction of the said property above mentioned;

iii. Appoints an architect to assess according to law the said property in terms of Article 306 (1) of Cap. 12 of the Laws of Malta;

iv. Fixes a day, time and place for the sale by auction of the said property.

With costs against the respondents

Applicant: 19, Conservatory Street, Floriana, FRN 1521, Malta.

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, abovementioned, with the witness of the Hon. Mr Chief Justice Mark Chetcuti, LLD, Doctor of Laws.

Notification: Mary Bonello – Flat 6, Cargio Court, Bay Street, Marsaskala

Alexandra Debattista

For the Registrar, 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 14th June 2024, following a request by Sportingbet Limited was ordered that deputy curators be chosen to represent Mayuk Chakravarti in the acts of the judicial letter number 2657/2024 in the names Sportingbet Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 6th June, 2024, by Sportingbet Limited, a foreign company incorporated and registered in the United Kingdom with company registration number 03534726 and whose registered address is 7th Floor, One Stratford Place, Westfield, Stratford City, Montfichet Road, London, United Kingdom, E20 1EJ, as locally represented hereon by its special mandatory Advocate Dr Paul Micallef Grimaud (ID 67579M) against deputy curators to represent the absent Mayuk Chakravarti of English nationality with English passport 125811455 and with address 53 Schoolhouse Yard, Bloomfield Road, London, SE18 7JD, United Kingdom, Sportingbet Limited, a foreign company incorporated and registered in the United Kingdom with company registration number 03534726 and whose registered address is 7th Floor, One Stratford Place, Westfield, Stratford City, Montfichet Road, London, United Kingdom, E20 1EJ, as locally represented hereon by its special mandatory Advocate Dr Paul Micallef Grimaud (ID 67579M) makes reference to the sworn application that is being contemporaneously with this judicial letter against SB Entertainment Limited whereby the Court is being requested to:

1. use in trade by the respondent company, SB Entertainment Limited, of the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats

… Omissis …

and all of its possible variations, including where used within and/or as part of the domain name of the sites

2. Separately and without prejudice, declare that the use in trade by the respondent company of the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats:

… Omissis …

and all of its possible variations, including where used within and/or as part of the domain names

3. Pursuant to the declarations made in relation to the previous two requests, further declare that the sites

4. Pursuant to the preceding request, order the respondent company to, whether as the registrant or otherwise, immediately remove the websites

5. Additionally and without prejudice to the above, issue an order, with effect throughout the entire territory of the European Union, prohibiting, including by means of an injunction in terms of article l O of the Enforcement of Intellectual Property Rights (Regulation) Act, Cap. 488 of the laws of Malta, the respondent company from continuing to use the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats:    

… Omissis …

and all of its possible variations, and this under such conditions as this Honourable Courts may deem to be fair and appropriate in the circumstances in order to ensure that the respondent company complies with such order; and

6. Additionally and without prejudice to the above, issue an order, also with effect throughout the entire territory of the European Union, prohibiting the respondent company from continuing and otherwise proceeding with any of the acts which have been found in this suit to infringe the rights of the plaintiff company in or to its above-mentioned earlier EU trademark(s) for the term 'sportingbet', including in relation to the sites

That you were personally instrumental to, through your fraudulent actions and declarations, create a fictitious link between the applicant company and its 'sportingbet' mark and the company SB Entertainment Limited and its 'sportingwin' mark so that, SB Entertainment Limited, that you are a shareholder in, makes an unjustified enrichment to the detriment of the applicant company and causes irreparable damages to the applicant company which is the victim of your and SB Entertainment Limited's fraudulent actions;

That the applicant company is, by means of this judicial letter, reserving in your regard the right to proceed against you for damages that are being caused, have been caused and will be caused to it as a result of your illicit actions;

That this judicial letter is being filed for all intents and purposes to interrupt any prescription that may run with respect to the damages and interest that the applicant company is reserving the right to sue you for.

For your advice

With costs and interest against you

Interpellant: c/o 171, Triq l-Ifran, Valletta

Notification: 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. Madam Justice Audrey J. Demicoli, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, 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 14th June, 2024, following a request by Entain Operations Limited it was ordered that deputy curators be chosen to represent Mayuk Chakravarti in the acts of the judicial letter number 2658/2024 in the names Entain Operations Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 6th June, 2024, by Entain Operations Limited, a foreign company incorporated and registered in Gibraltar with company registration number 112454, (whilst also carrying on business in Malta through a local branch registered as an oversea company under the same name of Entain Operations Limited and with registration number 0C1314 and whose registered address is presently at Entain Unit 6, Business Centre, 120 The Strand, Gżira, Malta, as locally represented hereon by its special mandatory Advocate Dr Paul Micallef Grimaud (ID 67579M) against deputy curators to represent the absent Mayuk Chakravarti ta' English nationality with English passport 125811455 and with address 53 Schoolhouse Yard, Bloomfield Road, London, SE18 7JD, United Kingdom, Entain Operations Limited, a foreign company incorporated and registered in Gibraltar with company registration number 112454, (whilst also carrying on business in Malta through a local branch registered as an oversea company under the same name of Entain Operations Limited and with registration number 0C1314 and whose registered address is presently at Entain Unit 6, Business Centre, 120, The Strand, Gżira, Malta, as locally represented hereon by its special mandatory Advocate Dr Paul Micallef Grimaud (ID 67579M) makes reference to the sworn application that is being contemporaneously with this judicial letter against SB Entertainment Limited whereby the Court is being requested to:

1. use in trade by the respondent company, SB Entertainment Limited, of the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats

… Omissis …

and all of its possible variations, including where used within and/or as part of the domain name of the sites

2. Separately and without prejudice, declare that the use in trade by the respondent company of the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats:

… Omissis …

and all of its possible variations, including where used within and/or as part of the domain names

3. Pursuant to the declarations made in relation to the previous two requests, further declare that the sites

4. Pursuant to the preceding request, order the respondent company to, whether as the registrant or otherwise, immediately remove the websites

5. Additionally and without prejudice to the above, issue an order, with effect throughout the entire territory of the European Union, prohibiting, including by means of an injunction in terms of article l O of the Enforcement of Intellectual Property Rights (Regulation) Act, Cap. 488 of the laws of Malta, the respondent company from continuing to use the sign 'sportingwin' (whether used as a standalone term or in the following or similar logo formats:    

 … Omissis …

and all of its possible variations, and this under such conditions as this Honourable Courts may deem to be fair and appropriate in the circumstances in order to ensure that the respondent company complies with such order; and

6. Additionally and without prejudice to the above, issue an order, also with effect throughout the entire territory of the European Union, prohibiting the respondent company from continuing and otherwise proceeding with any of the acts which have been found in this suit to infringe the rights of the plaintiff company in or to its above-mentioned earlier EU trademark(s) for the term 'sportingbet', including in relation to the sites

That you were personally instrumental to, through your fraudulent actions and declarations, create a fictitious link between the applicant company and its 'sportingbet' mark and the company SB Entertainment Limited and its 'sportingwin' mark so that, SB Entertainment Limited, that you are a shareholder in, makes an unjustified enrichment to the detriment of the applicant company and causes irreparable damages to the applicant company which is the victim of your and SB Entertainment Limited's fraudulent actions;

That the applicant company is, by means of this judicial letter, reserving in your regard the right to proceed against you for damages that are being caused, have been caused and will be caused to it as a result of your illicit actions;

That this judicial letter is being filed for all intents and purposes to interrupt any prescription that may run with respect to the damages and interest that the applicant company is reserving the right to sue you for.

For your advice

With costs and interest against you

Interpellant: Entain Unit 6, Business Centre, 120, The Strand, Gżira, Malta

Notification: 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. Madam Justice Audrey J. Demicoli, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, 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 26th July, 2024, following a request by Jago Company Limited it was ordered that deputy curators be chosen to represent Sven Erik Jonas Delin in the acts of the judicial letter number 3415/2024 in the names Jago Company Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 25th July, 2024, by Jago Company Limited (C29288) of 5, Triq il-Mulett, Qawra, St Paul's  Bay, against deputy curators to represent Sven Erik Jonas Delin (ID 123645A), whereby the present Jago Company Limited makes reference to the bill of exchange dated 23rd October, 2015, an authenticated copy of which is hereby attached and marked as Dok. A. This bill of exchange was issued as a guarantee for the obligation contained in the agreement, namely the Share Transfer Agreement dated 20th October, 2015, attached here as Doc. B. In the agreement you committed that in the event the shares acquired by you are transferred according to the terms and conditions agreed upon, you would pay the applicant 20% of the share price or the amount of €200,000 whichever of these amounts is higher (see clauses 2.2 and 2.6).

The applicant notes that this condition contained in clause 2,2 of the agreement dated 20th October, 2015, was fulfilled on 30th October, 2019, when you transferred all the shares acquired by you to the company Leo Ventures Limited.

Therefore, the bill of exchange attached as Doc. A became enforceable on the date you transferred these same shares.

Hence, the applicant is hereby summoning you to, within two days of receiving this letter, pay the sum of €200,000 representing the amount of this bill of exchange and furthermore to proceed with the liquidation and payment of any further corresponding amount that may still be due under the terms of clause 2.2 of the agreement dated 20th December, 2015.

The same applicant warns you that if you fail to comply with the above, it will proceed with the execution of the said bill of exchange in terms of Article 253(3) of Cap. 12 of the Laws of Malta reserving any further action due to the sender concerning any balance that may still be due.

For all intents and purposes of the law, you are hereby informed that under Article 253(e) of Cap. 12 of the Laws of Malta, you have the right within twenty (20) days from the date notification of this official letter to file a request to oppose the execution of the said bill of exchange.

This is to notify you to act accordingly. With costs, including those of the present and legal interests until the date of effective payment.

This official letter is being sent to render the said bill of excahnge enforceable under Article 256(2) of Cap. 12 of the laws of Malta.

Interpellant: 5, Triq il-Mulett, Qawra, St Paul's Bay

Notification: 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. Madam Justice Josette Demicoli, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, 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 3rd September, 2024, following a request by Gregory Le Guyader et vs Deputy Curators to represent the unknown direct owners of the original annual and perpetual groundrent and the unknown successors in title of the annual and perpetual sub-groundrent in the records of the schedule of deposit number 1855/2024 in the names Gregory Le Guyader et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 1855/2024 in the names of Gregory Le Guyader, son of Dominique Le Guyader and Monique Howen née Boutenoune, born in London in the United Kingdom and residing in Swieqi (ID 0156525A) and Sara Buzzerio daughter of Bartolomeo Buzzerio and Orndella Dodini née Sodini, born in Italy and residing in Swieqi (ID 0152940A) vs Deputy Curators to represent the unknown original direct owners, the unknown heirs of Carmelo Calleja, son of the late Annunziato and Theresa née Bugeja born in Mosta and residing in Msida, the unknown heirs of Alfred Calleja, son of the late Carmelo and Maria née Fenech, born in Birkirkara and residing in Tas-Sliema and the unknown heirs of Rose Vassallo, daughter of the late Paolo and Josephine née Attard, born and residing in Rabat, Malta, filed in the First Hall of the Civil Court on the 2nd September 2024, the applicant Gregory Le Guyader and Sara Buzzerio respectfully submitted:

That by means of a contract published by Notary Dr Yasmin La Rosa on the 19th June, 2018 (copy hereby attached and marked Doc. A) the applicants bought and acquired from Andrew James and Maja spouses Brown the apartment internally numbered 2, in the block of four apartments with official number 65 and with the name Ponciana previously Sunshine Flats in Triq il-Ħawt, Swieqi, previously limits of San Giljan. The relative plan as issued by the Land Registry is hereby attached and marked  Doc. B;

That the block in which the said premises are situated is built on part of the land of the area of 2326 square canes known as Il-Klawsura in the limits of St Julian's in the vicinity of Misraħ Giuma sive Ta' Saint Andrews or Ta' Zuta which was granted by title of original perpetual emphyteusis by Maestro Vincenzo Bugeja qua usufructuary in the name and in the interest of his children Rose Vassallo, Alfred Calleja and Carmelo Calleja together and in solidum between them by means of a contract published by Notary Dr Joseph Brincat on the 12th August, 1965 (Doc. C);

That it is known that Maestro Vincenzo Bugeja had no children and consequently, the perpetual direct dominus of the same land had to form part of a foundation set up according to the will of Elena Bugeja published in the records of Notary Dr Antonio Galea on the 11th October, 1948,  Doc. D. It is not known whether this foundation was set up or not;

That subsequently, Rose Vassallo, Alfred Calleja and Carmelo Calleja granted the same land by title of perpetual sub-emphyteusis to Pawlu Borg, Generoso Abela and Salvatore Spiteri together and in solidum between them by means of a contract published by Notary Dr Anthony Gatt on the 11th February, 1966 (Doc. E) which sub-emphyteusis included an increase in the groundrent due;

That this land was eventually developed and Salvatore Spiteri was assigned the premises in question by means of a deed of partition published by Notary Dr Herbert Cassar on the 3rd July, 1978, so that he then granted him by title of perpetual sub-empyteusis to his son Noel Spiteri by means of a contract published by Notary Dr Joseph R. Darmanin on the 7th July, 1992 (Doc. F) and this towards an annual and temporary sub-groundrent of Lm90 which included the original groundrent and the above mentioned increase, as well as another increase in favour of Salvatore Spiteri. The said increase in favour of Salvatore Spiteri was redeemed by means of the schedule of deposit and redemption of groundrent number 1501/1992 (Doc. G);

That the said Andrew James and Maja spouses Brown acquired the premises in question from Noel Spiteri by means of a contract published by Notary Dr Marco Burlo on the 9th August 1994 (Doc. H) so that they then transferred it to the applicants;

That the global sum of the annual and perpetual original groundrent and sub-groundrent due today is €43.54 equivalent to Lm18.68,7 and this is to be divided as for €28.41 for the unknown original direct owners and as for €15.13 for all the other respondents;

That the applicants wish to avail themselves of the option given to them by Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this groundrent and sub-groundrent according to law;

That the sum of €28.41 original groundrent capitalised at the rate of 5% amounts to €568.20 due to the unknown original direct owners;

That the sum of €15.13 capitalised sub-groundrent at the rate of 5% amounts to €302,60 due to all the other respondents.

Thus, the applicant is calling upon this Honourable Court and under its authority is depositing:

1. Amount of €568.20 representing the original annual and perpetual groundrent regarding the premises acquired by the applicants as above described capitalised at the rate of 5% in order to be freely withdrawn by the unknown original direct owners; and

2. The amount of €302.60 representing the annual and perpetual sub-groundrent regarding the premises acquired by the applicants as above described capitalised at the rate of 5% to be freely withdrawn by the unknown heirs of Carmelo Calleja, Alfred Calleja and Rose Vassallo.

after leaving due receipt according to law.

Applicants: 65, Flat 2, Triq il-Ħawt, Swieqi

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

Tereza Spiteri, 15, Dar il-Hena, Triq Dun Ġużepp, Żurrieq

 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 Robert G. Mangion, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, 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 11th October, 2023, following a request by CareMalta Group Limited vs Deputy Curators to represent the unknown direct owner in the records of the schedule of deposit number 2136/2023 in the names CareMalta Group Limited vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 2136/2023 in the names of CareMalta Group Limited previously Healthcare Properties Limited previously Healthcare Services Limited previously Villa Messina Limited (C-15462) vs Deputy Curators to represent the unknown direct owners, whom are not known whether they are still alive and who have likely passed away in terms of Article 929(b) of Cap 12 of the Laws of Malta, filed in the First Hall of the Civil Court on the 5th October 2023 the applicant CareMalta Group Limited previously Healthcare Properties Limited previously Healthcare Services Limited previously Villa Messina Limited (C-15462) respectfully submitted:

That by means of a contract in the records of Notary Dr John Gambin dated 21st December, 2001 (Annex  Doc. A) the applicant company acquired the field situated in Mosta which had door number 166, in Triq il-Kostituzzjoni, Mosta, forming part of the lands Ta' Gianonu, of the superficial area of circa 1,967.64 sqm or other correct measurement as the said field was surrounded by the walls considered as an entity bordering from the west with property of the successors in the title of Carmelo Attard, south with Triq il-Kostituzzjoni, east with property of the successors in title of Marianna Grech, as better delineated on plan and site plan annexed to a deed in the records of Notary Dr Angelo Vella dated 18th, October, 1980, and as also shown on the attached plan marked  Doc. B, which field was known as Ta' Wied Giannon and is subject to the annual and perpetual groundrent of five cents €0.05 equivalent to the Lm0.01,8 in the denomination of the Maltese lira, which groundrent is payable to the respondents;

That the interpellant company has an interest to pay the last five years groundrent equivalent to €0.25 to pay the laudemium equivalent to one year groundrent or rather five cents (€0.05) and to redeem the annual and perpetual groundrent burdening the said immovable, thus the interpellant company is availing itself of the option given to it in virtue of Article 1501 of the Civil Code to redeem the same annual and perpetual groundrent;

That the annual and perpetual groundrent of the immovable above described in the amount of €0.05 capitalised at the rate of 5% amounts to the sum of €1.00.

Thus, the applicant company is calling upon this Honourable Court and under its authority is depositing the following amounts:

a) The sum of €0.05 representing the laudemium payable to the respondents;

b) the sum of 30.25 representing the last five years of groundrent;

c) The sum of €1.00 representing the price of redemption of the said annual and perpetual groundrent;

So that such amount be freely given to the respondents after they leave due receipt according to law and according to any other provision regulating the redemption of groundrent.

With costs

Applicant: The Three Arches, Triq Valletta, Mosta

Notification: Director Public Registry, Public Registry, Casa Bolino, Triq il-Punenet, 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, abovementioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 25th September, 2024, following a request by Inspirations Limited it was ordered that Deputy Curators be selected to represent Time2Travel Agency Limited in the acts of the Application Number 64/2022MLF and in other relative and subsequent acts whereby:

Inspirations Limited (C41431) of Mrieħel ByPass Giovanni Felice Street, Mrieħel, BKR 3000, requested this Honourable Court to condemn deputy curators for and on behalf of Time2Travel Agency Limited (C78137) of 145, Tigne Place, Block 12, Office G3, Triq Tigné, Tas-Sliema SLM 3173, Malta, to pay the plaintiff company the sum of €13,213.70.

With costs and interest

Applicant: Mrieħel By Pass, Triq Giovanni Felice, Mrieħel BKR 3000

Notification: Deputy curators

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within six days in this registry and files a note with a declaration that he is prepared to act as such.

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

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

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Marseann Farrugia, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

Alexandra Debattista

For the Registrar, 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 3rd October, 2023, following a request by John Cachia et vs Deputy Curators to represent the unknown owners in the records of the schedule of deposit number 2079/2023 in the names John Cachia et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 2079/2023 in the names of John Cachia (ID 346636M), Anna Cachia (ID 516845M), Anthony Cachia (ID 713747M) children of Luigi Cachia and Giuseppa Cachia née Schembri; Carmen Galea (ID 366960M), Catherine Baldacchino (ID 812457M) children of Francesco Zammit and Antonia Zammit née Cachia and Francesco Zammit (ID 528728M) son of Carmelo Zammit and Giovanna Zammit née Camilleri vs Deputy Curators to represent the unknown heirs of Grazio Mallia, filed in the First Hall of the Civil Court on the 29th September 2023 the applicants John Cachia (ID 346636M), Anna Cachia (ID 516845M), Anthony Cachia (ID 713747M) children of Luigi Cachia and Giuseppa Cachia née Schembri; Carmen Galea (ID 366960M), Catherine Baldacchino (ID 812457M) children of Francesco Zammit and Antonia Zammit née Cachia and Francesco Zammit (ID 528728M) son of Carmelo Zammit and Giovanna Zammit née Camilleri respectfully submitted:

That Francesco Schembri made a will in the records of Notary Nicola Said on the 2nd January 1955 and left half (1/2) undivided share of the property and namely the house with number 55/57 previously 22/23 previously 16/17 and previously 10/11, Triq il-Mitħna, Żurrieq, to Giuseppa Cachia and to his six children as his heirs that is Giuseppa Cachia, Carmelo, Emmanuele, Margerita Schembri, Paola Vella and Anna Muscat.

By means of a contract in the records of Notary Joseph Brincat of the 7th December, 1958, Giuseppa Cachia bought 4/12 of the house from Carmelo, Margerita, Paola and Anna.

By means of a contract in the records of Notary Dr Joseph Brincat of the 1st February, 1959, Giuseppa Cachia bought the share of 1/12 from her brother Emmanuele.

So that Giuseppa Cachia was the owner of everything.

That Giuseppa Cachia made a will in the records of Notary Nicola Said on the 12th January 1969 and left as heirs her seven children Andrea (bachelor deceased), Carmelo (bachelor deceased), Rita (deceased unmarried), Anna, Antonio, Antonia wife of Francesco Zammit (left her husband a quarter (1/4) and her children Carmen Galea and Catherine Baldacchino 3/4 and this by means of a will in the records of Notary Mario Bugeja on the 24th November, 1998) and Giovanni;

That the applicants wish to avail themselves of the faculty given to them in terms of Article 1501 of Cap. 16 of the Laws of Malta and redeem the said annual and perpetual groundrent of Lm2 equivalent to €4.66 in terms of the same law;

That the amount of €4.66 capitalised at the rate of 5% amounts to €93.20;

That apart from this redemption of groundrent the applicants are depositing the amount of €24.90, which amount represents four years groundrent from the year 2019 of the year 2023.

Thus, the applicants in view of the above, are calling upon this Honourable Court and under its authority are depositing the total sum of €93.20 representing the redemption of groundrent due as above premised as well as €24.90, which amount represents four years groundrent as above described so that they are freely withdrawn by the respondent according to law after leaving the due receipt.

Notification: Director Public Registry

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. Madam Justice Doreen Clarke, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, 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 26th August, 2024, following a request by Vincenzo Grech et vs Deputy Curators to represent the unknown owner/owners, heir/heirs or whom of them in the records of the schedule of deposit number 1785/2024 in the names Vincenzo Grech et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent, number 1785/2024 in the names of Vincenzo Grech, son of the late Giuseppe Grech and Liberata Grech née Camilleri, born in Tripoli, Libya, and residing in Ħamrun (ID 0266291M) and his wife Lucienne Grech Borg Bonaci, daughter of the late Saviour Borg Bonaci and Marion Borg Bonaci née Mizzi, born in Ħ'Attard, Malta, and residing in Ħamrun (ID 350165M) vs Deputy Curators to represent the unknown owner/s, heir/s or any one of them, filed in the First Hall of the Civil Court on the 23rd August 2024 the applicants Vincenzo Grech and Lucienne Grech Borg Bonaci respectfully submitted:

That they are the owners of the garage with official number 9 and bearing the name GGE Vinċenso and which is situated in Triq Mastru Karmenu Mallia corner with Triq John Michael Testa, Ħal Qormi, which garage was bought as exempt from the payment of the groundrent but his share of the original groundrent is €1.85, otherwise free and unencumbered, with all its rights and appurtenances and this as results better from a public deed in the records of Notary Francis Micallef of the 9th December, 1994, a copy of which is here attached and marked as document A together with a plan of the same marked as document B;

That the applicants wish to avail themselves of the option given to them by virtue of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) to redeem this groundrent in terms of the same law;

That the groundrent in the amount of €1.85 capitalised at the rate of 5% amounts to €37;

That furthermore they are depositing by means of this schedule of deposit the sum of €9.25 as groundrent due for these last five years;

That the applicants do not know who is/are the direct owners of this groundrent.

Thus, the applicants in order to exonerate themselves from any responsibility are calling upon this Honourable Court and under its authority are depositing the sum of €9.25 as groundrent due for the last five years, together with the sum of €37 redemption of annual and perpetual groundrent to be freely withdrawn by the deputy curators appointed to represent the direct owner/s, and/or sub-direct owner/s after leaving the due receipt according to law.

Applicants: 28, Tinkerbelle, Triq Montbatten, Ħamrun

Notification: Director Public Registry, Evans Building, Triq il-Merkanti, 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 Christian Falzon Scerri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th January, 2024, in the records of the judicial letter number 4001/2023, in the names Carmen Dingli vs Lawrence Cassar the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Lawrence Cassar in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Lawrence Cassar (ID 0045977M) of 27, Jasmine Triq is-Siegħ, Swieqi

By means of this present, Carmen Dingli (ID 0533254M) in her own name as well as the heirs of John Dingli whilst referring to the promise of sale agreement of the 25th January, 2023, in the acts of Notary Joseph Abela whereby you bound yourself to buy and acquire from the interpellant the apartment with number 6 situated at 61, Triq ix-Xatt, Tas-Sliema, and the one car parking space marked with number 1 at semi-basement level whose entrance is situated in Triq ix-Xatt, Tas-Sliema.

… Omissis …

Towards the total price of €1,300,000 and subject to the terms and conditions listed in the above mentioned deed.

The interpellant calls upon you to come forward to the publication of the final deed of sale of the property above described within the useful time and namely by not later than the 24th September, 2023, and this under the terms and conditions listed in the deed.

If you remain in default notwithstanding the obligations assumed by you, legal proceedings will be taken against you.

So much so that you may know how to proceed

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                       

By means of a decree of the 9th October, 2024, in the records of the judicial letter number 3054/2024, in the names Adv. Natalia Camilleri et noe vs Paul Grech, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent Paul Grech in terms of Article 187(3) et sequitur of Cap. 12.

In the Courts of Magistrates (Malta)

To Paul Grech (ID 402847M) of 2, Triq id-Dejqa, Żurrieq

By means of the present the applicant Adv. Natalia Camilleri (ID 519896M) on behalf of the law firm SMM Advocates of SMM Group of 47B, Triq in-Nofsinhar, Valletta, and LP Nicholette Aquilina (ID 397867M) whilst making reference to the tax of fees and expenses entitled to them for the causes which were issued after they renounced your brief at your own request and which are the following:

Grech Paul vs Grech Mary (Application number 38/2023MH) (judicial costs renounciation of brief)

Grech Mary vs Grech Paul (Application number 167/2013) (decided on the 29th November, 2022)

Grech Mary vs Grech Paul (Appeal number 167/2013/2) (decided 11th January, 2024)

Grech Mary vs Grech Paul (Application number 167/2013/2AGV) (judicial costs renounciation of brief).

In view of the above the interpellants are soliciting you so that within five days from the service of this judicial letter you pay the amount of €4,393.1 representing professional fees and these after deduction of payments which you have already honoured on the same fees and the sum of €791.34 as value added tax which make the total payment of €5,184.34.

That you are to make this payment in the bank account hereunder indicated:

SMM Consultancy services Ltd

Bank name ‒ Bank of Valletta, Triq ir-Repubblika

Bank BIC/SWIFT – VALLMTMT

IBAN – MT62VALL22013000000040023148527

In default that the total amount of €5,184.34 will not be paid within the time above mentioned and that is within five (5) days from the notification of this judicial letter, the interpellant shall be constrained to proceed further against you, without any other prior notice, and with all the means permitted by law including the issue of the opportune warrants.

This judicial letter is being made for the purpose that the said tax of judicial fees and expenses is rendered executable in terms of Article 256 (2) of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta).

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th August, 2024, Application number 446/2024 by the Janet Zammit et, whereby following the application Christopher Zammit holding identity card number 126382M, was incapacitated by means of a decree given on the 4th September, 2024, under the conditions therein mentioned.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th July, 2024, Application number 605/2024, by Doctor Mustafa Mahmud Ahmed Gaja whereby he requested that it be declared open in his favour the succession of Lutfia Mohamed Hussain Al Giyadi, wife of Mahmoud Ahmed Najimuldin Qajah, daughter of the late Mohamed Hussain Al Giyadi and Zaineb Ibrahim Mashena, born in Tripoli, Libya, resided in Tripoli, Libya, and died in Tripoli, Libya, on the 6th October, 2023, aged 74, and held Libian passport number LOKNN5P6.

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

It is hereby notified that by virtue of a decree given on the 3rd of October, 2024, issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts sworn application number 75/2024(SG) in names 'Scicluna Enterprises (Gozo) Limited (C5030) versus Emanuel Camilleri et' filed in the Registry in the said Court on the 28th of August, 2024, the publication of the said sworn application as reproduced below was ordered and this in order to serve as notification regarding all the respondents, namely:

1. Emanuel Camilleri (ID 4354G), 'Emmad ', Triq tal-Latini, Għajnsielem, Gozo;

2. Ann Marie Cefai (ID 30988G), 'Marga Court', Flat 3, Triq il-Virgi , Qala, Gozo;

3. Louisiana Camilleri (ID 11793G), 'Emmad', Triq il- Latini, Għajnsielem, Gozo;

4. Jesmond Camilleri (ID 22181G), 'Adriana', Triq il-Kunċizzjoni, Qala, Gozo,

and this is in terms of article 187(3) of Chapter 12 of the Laws of Malta.

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

'Whoever receives this sworn application against him must present his reply within twenty (20) days from the date of notification, i.e. from when he receives it. If the sworn reply is not presented in writing as required by the law within the mentioned time, the Court will proceed to give the decision according to law.

Therefore, it is in the interest of whoever receives this sworn application to consult a lawyer without delay so that the Court can hear what he has to say in the case.'

Application number 75/2024 (SG)

Scicluna Enterprises (Gozo) Limited, company registration number C5030

'Scicluna Developments', Triq Fortunato Mizzi, Victoria, Gozo

vs

Camilleri Emanuel (ID 4354G)

Cefai Ann Marie (ID 30988G)

Camilleri Louisiana (ID 11793G)

Camilleri Jesmond (ID 22181G)

Sworn application of Scicluna Enterprises (Gozo) Limited.

With respect and under oath Paul Scicluna (ID 42655G) confirms whilst declaring that he is cognizant of the facts personally and in his capacity as a director of the plaintiff company that:

1. By virtue of a contract in the acts of the Notary Enzo Refalo dated the fifteenth (15th) of December two thousand and nine (2009), the plaintiff company acquired from Paul and Michelina spouses Scicluna 'the land in Qala Gozo called 'Tas-Salib' measuring approximately twenty-one thousand seven hundred and thirty square meters (21,730 sq.m.) or truer measurement and therefore with all the measurements it contains and bordering from the north with Triq il-Kunċizzjoni, south with an alley known as Tal-Ħalq, and west in part with the property of Anton Mercieca and in part with the property of unknown third parties and east in part with Triq il-Kunċizzjoni in part with the property of unknown third parties and in part with other property of the same company as shown on the plan attached as document B to that contract;

2. That the Scicluna spouses had acquired this land by virtue of another contract in the acts of the same Notary on the thirty (30th) of June of the same year 2009;

3. That the respondents occupied illegally and without any title a divided portion of this same land measuring approximately one hundred and thirty-seven square meters (137 sq.m.) bordering from the northwest, southwest and southeast with the remaining part of this said land, and from the northeast with their other property or any of them ‒ as better shown on the plan here attached and marked Document P;

4. That the applicant asked the respondents to evict themselves from this same land and leave it at its disposal by virtue of a judicial letter of the twenty-fourth (24th) of January two thousand and twenty-four (2024), letter number 48/2024), and this to no avail;

5. That the applicant wants to reclaim this land from the respondents.

Therefore, you defendants, are asked to state why this Court should not:

1. Declare that you are occupying illegally and without any title a divided portion of this same land measuring approximately one hundred and thirty seven square meters (137 sq.m.) bordering from the northwest, southwest and southeast with the remaining part of this same land, and from the northeast with other property of yours or any of you, as better shown on the plan Document P herewith attached, which land forms part of the land owned by the plaintiff;

2. Condemns you to evict from this land in a short and peremptory time that is prefixed to you, and to leave it free and vacant in favour of the plaintiff company, provided that you eliminate and remove anything that may in any way constitute a passive servitude on this land in favour of your property adjacent to this land;

3. In default, authorize the plaintiff company to take possession of this land and carry out all the necessary works in order to eliminate and remove anything that could in any way constitute a passive servitude on this land in favour of your property adjacent to this land and this under the supervision of a nominated architect.

With costs included that of the judicial letter of the 24th of January, 2024, letter number 48/2024 against you and with the injunction for your oath to which from now on you are summoned.

Advocate Dr Carmelo Galea

The lawsuit is adjourned for hearing for Friday, 8th of November, 2024 at 9.40 a.m. in courtroom 'A' at the Gozo Court Building, Misraħ il-Katidral, Victoria, Gozo.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

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