Court Notices published in Government Gazette no 21,380 of 22nd January 2025

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number: 4/2025

Application in terms of Article 495A of the Civil Code

Josephine Sultana – identity card number 50258G;

Paul Gauci Portelli, identity card number 2844G;

Francis Gauci, identity card number 31362G in his own name and on behalf of his living abroad sister Mary Calleja, identity card number 8450G; and, for any interest she may have

Maria Aquilina Caruana née Caruana, identity card number 187G

vs

Angelo Gauci

Application by Josephine Sultana et

Respectfully submit and the said Josephine Sultana confirms under oath whilst declaring that she knows the facts personally exposed:

1. That this present application relates to the house number twelve (12) in Triq L-Imġarr, with another door of an unnumbered backyard in Triq il-Ġnien, Għajnsielem, Gozo ‒ with all the ameliorations thereon ‒ as better shown on the plan hereby attached;

2. This property originally belonged to the father of the parties, Giuseppe Gauci, who died on the 11th April, 2006, (two thousand and six) and regulated his succession by virtue of a will in the records of Notary Michael Refalo of the 2nd March 1984 by which he left his wife Loreta Gauci as general usufructuary of all his property and nominated the six children, that is the five contenders and their brother Anthony Gauci as his universal heirs. The declaration of transfer causa mortis relative to his succession was published by Notary Paul George Pisani on the eighteenth (18) September two thousand and six (2006);

3. Subsequently, after the death of Loreta Gauci, Anthony Gauci, bachelor, improle and intestate, also died on the tenth (10) of January two thousand and twenty-two (2022). The declaration of transfer causa mortis was published by Notary Anna Maria Mizzi on the 1st September, 2022, from where it results also that his succession proceeded according to law on his five surviving brothers ans sisters, the parties siblings Gauci (and thus excluding Maria Aquilina Caruana);

4. That thus this house today belongs as for one fifth (1/5) each to the parties siblings Gauci;

5. That all the applicants except Maria Aquilina Caruana entered into a preliminary agreement with the other applicant Maria Aquilina Caruana in order to sell their share of this house to that applicant for the price of six hundred and forty thousand euro (€640,000) for the whole;

6. The applicants believe that this price is just and correctly reflects the market value of this same property, and that, even taking into consideration the shares due by this property to the respondent, he will not suffer any grievous prejudice if this price and the conditions agreed in the preliminary agreement above mentioned are to apply even to his share.

Thus, the applicants respectfully requests that this Honorable Court saving the publication of this application in the Government Gazette and in another local newspaper in terms of Article 495A of Cap. 16;

1. Declares that the price as well as the conditions proposed for the sale by the applicants of the share due to them from the premises above described are just and appropriate and that the same price and conditions shall apply for the sale of the remaining share of the said immovable property due to the respondent, saving, if necessary, that the premises be valued by an architect and civil enginéer architect;

2. Orders the publication of the deed of sale even as regards the share due to the respondent, on a day, time, and place to be fixed ad opera of Notary Roberta Buttigieg Simiana or another Public Notary instead of her to publish the opportune deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

The application is appointed for hearing for Wednesday, 5th of March, 2025, at 8.00 a.m.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals​​