Court Notices published in Govt. Gazette No. 20,178 of 30 April, 2019
Notice 612
612ARB/C027/2019 – NEW FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 25th April, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Gabriella Vella LLD). Compilation Number 250/2019 in the case:
The Police
(Inspector Yvonne Farrugia)
(Inspector Doriette Cuschieri)
Versus
VLADIMIR PETROPOLJAC, owner of a company in Switzerland, 33 years, son of Zoran and Nada née Bogic, born in Serbia on the 19th of April, 1986, residing at 20, Ondine, Flat 11, High Street, Tas-Sliema, and holder of Maltese identity card bearing number 25149A and Serbian passport bearing number 009454648.
AND
MARIANNA LEONIDOVNA PETROPOLJAC, director, 38 years, daughter of Leonid Dmitrievic Ivanov and Liudmila Mikhailovna Ivanova, born in Russia on the 27th of February, 1981, residing at 20, Ondine, Flat 11, High Street, Tas-Sliema and holder of Maltese identity card bearing number 629317L and Maltese passport bearing number 1300076.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to VLADIMIR PETROPOLJAC and MARIANNA LEONIDOVNA PETROPOLJAC and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta.
The Court AUTHORISED the said accused to receive the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year after the accused indicates with a note from where they are perceiving this money.
Any person who acts in contravention of the court order mentioned in Article 5 and Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.
THE DIRECTOR, ASSET RECOVERY BUREAU
On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)
Notice 613
613By a decree of the Courts of Magistrates (Malta), of 21st February, 2019, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on an application of Theresa Mallia it was ordered that Deputy Curators be selected to represent unknown sub-direct owners of the premises 269, Kristu Re, Triq San Gaetano, Ħamrun in the schedule of deposit number 435/2019 and in other relative and subsequent acts where she requested:
That the applicant is the temporary sub-emphyteuta for the remaining period of 150 years starting from the11th August, 1890, of the premises 269, Kristu Re, Triq San Gaetano, Ħamrun which groundrent is paid yearly in advance by way of the annual and temporary subgroundrent of €1.75;
This annual and temporary subgroundrent was paid to a certain Mary Rose Fenech who was unmarried and resided at Triq San Ġann Bosco, Tas-Sliema, and who used to accept the rent in her own name and for and on behalf of her sister Josephine Abdilla;
The last payment was made directly to the said Mary Rose Fenech on the 26th Septemnber, 2008, for the period of four years in advance and that is till the 11th August, 2012;
After this date (11th August, 2012) neither Mary Rose Fench nor her sister Josephine Abdilla could be traced any more and no other person came forward for the payment of the annual and temporary subgroundrent due;
The applicant does not know what happened to the said Mary Rose Fenech and/or Josephine Abdilla and to the heirs, if there are any, if they are deceased. Thus the applicant does not know who is the actual owner and/or the owners of the said premises;
In order to regularise her position, the applicant is depositing under the authority of the Court the annual and perpetual groundrent due from the 11th August, 2012, for the remaining term and namely till the 10th August, 2040, equivalent to 28 years that amounts to €49.
And in order to exempt herself of any responsibility, she is requesting this Court and under its authority is depositing the amount of €9.53 that, together with €39.47 representing the costs of this applicantion, amounts to €49.00, so that this sum may be freely withdrawn by the those who have a right to it according to Law.
Applicant: Theresa Mallia, 269, Kristu Re, Triq San Gaetano, Ħamrun
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 four 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 everyone 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 Gabriella Vella LLD, Doctor of Laws, Magistrate of the abovementioned Court.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 614
614By a decree of the Small Claims Tribunal of 21st December, 2018, the publication of the following extract was ordered for the purpose of service regarding Adrian Pillow and Dirk Pillow in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Silvan Cortis (ID 56581M) and Mariano Cassar (ID 460581M) in their own name and carrying on trade under the name S&M Engineering of 465, Belview, Flat 2, Triq il-President Anton Buttigieg, Żejtun, filed a Claim on the 3rd December, 2018, whereby they asked the Tribunal to condemn Adrian Pillow (ID 0796555M) of 51, Belveder, Triq is-Sebuqa, San Ġwann, and Dirk Pillow (ID 0189686M) of 50, Triq il-Kbira, Żejtun, to pay the plaintiffs pro et noe the sum of €2,360 which amount is due to the plaintiffs pro et noe.
With costs and legal interests
The case (Claim Number 556/18AM) is deferred on the 21st May, 2019, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 615
615By means of a decree given by the Civil Court (Family Section) on the 2nd April, 2019, following a request of Judita Ceputyte, it was ordered that deputy curators be chosen to represent the absent Peter Alasdair Macnab, in the records of the General Application 46/19 AL, in the names Judita Ceputyte vs Deputy Curators and in the other relative and subsequent acts.
By means of an Application by Urgency, filed in the Civil Court (Family Section) in the names Judita Ceputyte vs Peter Alasdair Macnab, on the 31st January, 2019, the applicant Judita Ceputyte asked this Honourable Court:
1. In the first place to uphold her demand without proceeding to service and this in the supreme interest of the minor;
2. To entrust the care and custody of the minor to the applicant and thus in order that she can act on behalf and in the supreme interest of the minor without problems and uphold the other demands in the application and saving any provision that this Honourable Court may impose.
Service: 230, Bay Square, Flat No. 3, Triq Sant’ Antnin, Buġibba, St Paul’s Bay
You are therefore ordered to affix an official copy of this bann 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 wises so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.
And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.
Given by the Civil Court (Family Section) abovementioned with the witness of the Hon. Justice Tonio Mallia, LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 616
616By means of a decree given by this Court on the 21st February, 2019, following a request of SCM Property Management Co Ltd, it was ordered that deputy curators be chosen to represent the foreign company Flawless Management Consultancies FZE, in the records of the Judicial Letter number 641/2019, in the names SCM Propertry Management Co. Ltd vs Deputy Curators and in the other relative and subsequent acts.
In the First Hall Civil Court
To
Deputy Curators to represent the absent foreign company Flawless Management Consultancies FZE (Licence Number 2952) of DSOA-SIT, Tower -8-806, Sheikh Mohammed Bin Zayed Road, Dubai, Silicon Oasis, Dubai
By means of the present SCM Property Management Co Ltd (C 41194) of Ricasoli, Kalkara SCM 1001, Malta, whilst refering to the contract of lease which came into force on the 1st August, 2018, in virtue of which the interpellant company gave to the foreign respondent company by title of lease the premises internally numbered Unit G01 which is situated in the ground floor forming part of the complex of offices known as SCM01 which on its part forms part of the development known as SmartCity Malta in Kalkara, Malta, brings to your formal notice that you left vacant the premises de quo for more than thirty (30) days in violation of clause 6.1(a) of the abovementioned lease agreement as well as when you failed to make the payment of the rent due by you for the same premises leased to you for the period between the 1st of November, 2018, till the 31st January, 2019, and this in violation of Clause 6.1(b) of the same lease agreement.
As results from Clause 6.2 of the abovementioned lease agreement, it is an expressly agreed condition that when such violation takes place, this brings about the termination of the lease agreement de quo.
Thus, due to the above non-observance of the abovementioned contractual pacts on the part of the above respondent foreign company, the interpellant company is availing itself of the provisions of Article 1569 of Cap. 16 of the Laws of Malta and thus informs you that the same lease agreement abovementioned is being ipso jure terminated with immediate effect.
This judicial letter is being sent for all intents and purposes of Law and especially but not limitedly in terms of Articles 1569 and 2128 of Cap. 16 of the Laws of Malta.
With costs and saving every right due to the interrpellant company including that for the payment of damages.
You are therefore ordered to affix an official copy of this bann 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 wises so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, this Court will proceed to the selection of Curators of Office.
And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.
Given by the Superior Court abovementioned with the witness of the Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
617Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated the 15th April, 2019, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.
Whereas by a decree dated the 15th April, 2019, in the records of the schedule of deposit and concurrent redemption of groundrent bearing number 77/2019 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Carmen Grima, pensioner (ID 20353G), whereby it was ordered that deputy curators be nominated in terms of law to represent unknown parties owners of the direct dominium of twenty-five euro cents (€0.25c) on the land described hereunder in the schedule of deposit and redemption of ground rent filed on the 12th April, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.
That by virtue of a deed of Notary Joseph Spiteri of the fourteenth (14th) July one thousand nine hundred and eighty-nine (1989) Carmen Grima acquired the divided portion of land known as ‘Tal-Ħelu’ in the denomination ‘Tal-Muta’ in the limits of Kerċem, Gozo, measuring circa one thousand three hundred and eleven square metres (1311 sq.m.) bounded South and East with property of the heirs of Michael Angelo Piscopo and North with property of the heirs of George Borg, or their successors in title or more accurate boundaries, as better shown delineated in red on the plan herewith attached and marked as Document A;
That on the said deed this portion of land is declared to be subject to the annual and perpetual groundrent of ten cents and five millicents (Lm0.10c5m) equivalent to twenty- five euro cents (€0.25c), but there is no declaration as to whom this groundrent is payable;
That the applicant wants to make use of the faculty given to her by Article 1501 of the Civil Code and redeem this groundrent, which capitalised by five percent (5%) amounts to five euro (€5.00);
That the applicant has no idea of the identity of the person or entity who might have the right to receive this groundrent;
That in order to exculpate herself from all responsibility, Carmen Grima wants to deposit under the authority of this Court all the arrears of groundrent due as from the date of acquisition of this land and therefore from the year one thousand nine hundred and eighty-nine (1989) which amount to seven euro and fifty cents (€7.50);
Therefore, in order to exculpate herself from all responsibility she is delivering to this Honourable Court and deposits under its authority the global sum of twelve euro and fifty cents (€12.50) due as above explained, which sum can be withdrawn by whom has the right to it, after leaving the relevant receipt.
Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.
And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform this Court forthwith.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Paul Coppini, LLD, a Magistrate of the said Court.
DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals
Bann for Curators
618Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 2nd April, 2019, following a request by Pauline Bonavia et it was ordered that deputy curators be chosen to represent the unknown heirs of Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, Giuseppe Borg and Teresa Zammit in the acts of the schedule of deposit number 604/2019 in the names Pauline Bonavia et vs Joint Office and Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Pauline Bonavia (housewife), widow of Gaetano Bonavia, daughter of Emmanuel Sant and Francesca née Azzopardi, born in Rabat, Malta on the 3rd October, 1944, and residing at Rabat (ID 881044M), Mary Grace Said (housewife), wife of Emmanuel Sant, born in Ħ’Attard on the 23rd December, 1965, and residing at Mtarfa (ID 30166M), Antonia Maria sive Antoinette Micallef (housewife), wife of Vincent Micallef, born in Ħ’Attard on the 24th December, 1966, and residing in Rabat, Malta (ID 30266M), Natalina sive Nathalie Busuttil (housewife), wife of Lawrence Busuttil, born in Ħ’Attard on the 24th December, 1966, and residing in Rabat, Malta (ID 8767M), Patricia Abela (housewife), wife of Mario Abela, born in Ħ’Attard on the 7th December, 1967, and residing in Ħaż-Żebbuġ, Malta (ID 12768M) , John Bonavia (vegetable vendor), born in Ħ’Attard on the 7th December, 1967, and residing in Naxxar (ID 12868M), Brian Bonavia (farmer), born in Ħ’Attard on the 21st July, 1972, and residing in Rabat, Malta (ID 340872M), Lorraine Ellul Bonavia (manager), wife of Kevin Ellul, born in Ħ’Attard, on the 20th February, 1977, and residing in Ħaż-Żebbuġ, Malta (ID 179977M) and David Bonavia (director), born in Ħ’Attard on the 28th March, 1969, and residing in St Paul’s Bay (ID 149869M) all children of Gaetano Bonavia and Pauline Bonavia née Sant vs Joint Office and deputy curators to represent the known heirs of the late Vincenza Azzopardi (unmarried, daughter of Giovanni, born and resided in Birkirkara), Giovanni Azzopardi (son of Salvatore, born and resided in Birkirkara), Carmelo Ciantar (son of Giuseppi, born and resided in Birkirkara) and Marianna Ciantar (wife of Carmelo Ciantar, daughter of Giovanni Azzopardi, born and resided in Birkirkara), Giuseppe Borg (son of Felice, born and residing in Birkirkara) and Teresa Zammit (wife of Tommaso Zammit, daughter of Vincenzo Sciortino, born in Ħamrun and resided in Birkirkara) filed in the First Hall of the Civil Court on the 29th March, 2019, the applicants Pauline Bonavia (ID 881044(M), Mary Grace Said (ID 30166M), Antonia Maria sive Antoinette Micallef (ID 30266M), Natalina sive Nathalie Busuttil (ID 8767M), Patricia Abela (ID 12768M), John Bonavia (ID 12868M), Brian Bonavia (ID 340872M), Lorraine Ellul Bonavia (ID 179977M) and David Bonavia (ID 149869M) respectfully submitted:
That all the applicants are the owners of two warehouses marked with number 19 and 19A, previously 7 and 7A in Triq Santa Marija, Birkirkara, including their airspace, and underlying space (hereunder called the property) which property is subject to the annual and perpetual groundrent and sub-groundrent of €6.41 (plan attached and marked as Doc. A). It results that the attached plan of the property has the superficial measurement of about 138 square metres;
That half (1/2) of the property devolved in favour of the applicants siblings Bonavia, from the inheritance of their father Gaetano Bonavia who died on the 17th October, 1990, and by a will that regulated his succession dated 29th May, 1985, in the acts of Notary Joseph Sciberras, he nominated as universal heirs his children siblings Bonavia and he left the usufruct on all his property to this wife Pauline Bonavia. During his marriage to the applicant Pauline Bonavia, Gaetano Bonavia had acquired the half (1/2) undivided share of the property by means of a deed of the 14th April, 1945, in the acts of Notary Edoardo Calleja Schembri (Doc. A2) and the other half (1/2) undivided share in the acts of Notary Joseph Sciberras dated 19th April, 1988 (Doc. A3);
The property was built on a part of a divided portion of land adjacent to a number of other houses of a total area of 6,407.37 square metres (hereunder called the land), that originally by deed dated 26th April, 1852, in the acts of Notary Giuseppe Gatt Testaferrata, was transferred to Veneranda Lampada della Collegiata Chiesa di Birkirkara in favour of Giovanni Azzopardi by title of temporary emphyteusis. This temporary emphyteusis was subsequently extended to a perpetual one by deed of 7th July, 1910, in the acts of Notary Calcedonio Gatt in favour of Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, at the annual and perpetual groundrent of thirty two sterling £32 equivalent to €74.54. Thus the original groundrent due to the respondent Joint Office on the Property is of €1.61;
That subsequently by deed dated 12th August, 1910, in the acts of Notary Francesco Giorgio Schembri, Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar transfered to Serafino Vella 876 square canes equivalent to 3,845.64 square metres of the land, at the annual and perpetual groundrent and sub-groundrent of forty-four sterling £44 equivalent to €102.49. Thus, the sub-groundrent due to Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar on the property is of €2.05. That in the same deed, it was agreed that the fine payable to Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar had to be calculated at the rate of one sterling for each square cane, equivalent to a fine of €73.24 due following the transfer of the property in favour of the applicants;
By means of a deed of the 3rd August, 1920, in the acts of Notary Calcedonio Gatt, the abovementioned Serafino Vella transferred in favour of Giuseppe Borg 392 square canes equivalent to 1,720.88 from the Land, at the annual and perpetual groundrent and sub-groundrent of six pence per square cane equivalent to €0.06 for every square cane. No rise was imposed by Serafino Vella;
By means of a deed dated 10th December, 1922, in the acts of Notary Calcedonio Gatt, the abovementioned Giuseppe Borg transfered in favour of Tommaso Zammit the same divided portion of land described in the previous paragraph, at the annual and perpetual groundrent and sub-groundrent of nine pence per square cane, equivalent to €0.03 for every 4.39 sqm. Thus, the sub-groundrent due to Giuseppe Borg on the property is of €0.91;
The heirs of Tommaso Zammit that is his children, together with their mother Teresa Zammit, through a deed of division dated 16th November, 1931, in the acts of Notary Emanuele Agius, divided the property bequeathed to them from the inheritance of the late Tommaso Zammit. On this deed, Teresa Zammit was assigned the divided portion of land abovementioned;
Subsequently the abovementioned Teresa Zammit by a deed dated 16th November, 1931, in the acts of Notary Emmanuele Agius, sold and transferred to Pietro Vassallo 56 square canes of the land at the annual and perpetual groundrent of one shilling and three pence for each square cane. Thus, an increase of €1.84 on the property was imposed on the groundrent by Teresa Zammit;
By deed dated 12th April, 1944, in the acts of Notary Eduardo Calleja Schembri the abovementioned Pietro Vassallo sold and transferred infavour of Antonio Portanier the property without imposing any increase in the groundrent and sub-groundrent. Antonio Portanier by means of a deed dated 14th April, 1945, in the acts of Notary Edoardo Calleja Schembri transferred the property to Giuseppe and Maria spouses Zarb and to Gaetano Bonavia, father of the applicants siblings Bonavia, without imposing any increase in the groundrent and sub-groundrent;
The abovementioned Maria Zarb died intestate on the 22nd July, 1971, and thus her share of the property was inherited by her children. By means of deed dated 19th April, 1988, in the acts of Notary Joseph Sciberras, the children of Maria Zarb together with their father Giuseppe Zarb, transferred in favour of the abovementioned Gaetano Bonavia half of the undivided share of the property and consequently the same Gaetano Bonavia became the sole owner of the property;
Thus, the groundrent regarding the property, which groundrent is payable to the Joint Office is of €1.61;
Thus, the sub-groundrent regarding the property which is payable to the sub-direct owners Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar is of €2.05;
Thus, the sub-groundrent regarding the property which is payable to the sub-direct owner Giuseppe Borg is that of €0.91;
Thus, the sub-groundrent regarding the property which is payable to the sub-irect owner Teresa Zammit is that of €1.84;
The applicants wish to avail themselves of the option that they have in terms of Article 1501 Cap. 16 of the Laws of Malta and redeem the same groundrent and sub-groundrent in terms of the same law;
The applicants do not have any information regarding the heirs of the sub-direct owners Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, Giuseppe Borg and Teresa Zammit;
Thus, by means of this present, the applicants redeem and deposit the annual and perpetual groundrent due to the Joint Office, and also the annual and perpetual sub-groundrents due to the unknown heirs of the direct sub-owners Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, Giuseppe Borg and Teresa Zammit;
Thus, the applicants are depositing the total amount of €237.85 consisting of the following:
i)The sum of €41.86 due to the Joint Office consisting of the following:
The sum of €32.20 representing the annual and perpetual groundrent of €1.61 capitalised at the rate of 5%;
The sum of €1.61 representing the fine;
The sum of €8.05 representing the arrears of groundrent for the last five years;
ii) The sum of €124.49 due to the unkown heirs of the sub-direct owners Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar consisting of the following:
The sum of €41.00 representing the annual and perpetual sub-groundrent of €2.05 capitalised at the rate of 5%;
The sum of €73.24 representing the fine at the rate of one sterling for every square cane as said in the relative act;
The sum of €10.25 representing the sub-groundrent arrears for the last five years.
iii) The sum of €23.66 due to the unknown owner of the sub-direct owner Giuseppe Borg consisting of the following:
The sum of €18.20 representing the annual and perpetual sub-groundrent of €0.91 capitalised at the rate of 5%;
The sum of €0.91 representing the fine;
The sum of €4.55 representing the sub-groundrent arrears for the last five years.
iv) the sum of €48.84 due the unknown heirs of the sub-owner Teresa Zammit and consisting of the following:
The sum of €36.80 representing the annual and perpetual sub-groundrent and €1.84 capitalised at the rate of 5%;
The sum of €1.84 representing the fine;
The sum of €9.20 representing the arrears of the sub-groundrent for the last five years.
Thus the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €237.85 representing the redemption of the annual and perpetual groundrent and sub-groundrent, the fine and the arrears of the same groundrent and sub-groundrent for the last five years so that they be freely given to the Joint Office, and to deputy curators to represent the unknown heirs of the sub-direct owners Vicenza Azzopardi, giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, Giuseppe Borg and Teresa Borg in the abovementioned amounts, after leaving the relative receipt according to law.
Applicants:
1. Pauline Bonavia, Farmhouse, Triq Għajn Kajjet, Rabat
2. Mary Grace Said, 12, Fuller’s Nest, Triq il-Fosos tal-Qamħ, Mtarfa, Malta
3. Antonia Maria sive Antoinette Micallef, 20, Sundowner, Triq Sant’Aristarku, Rabat, Malta
4. Natalina sive Nathalie Busuttil, 5, Springvale, Triq Għajn Kajjet, Rabat, Malta
5. Patricia Abela, 38, Desireee, Triq Ħal Dwin, Ħaż-Żebbuġ
6. John Bonavia, 52, Triq Korfu, Naxxar
7. Brian Bonavia, Heart Lake, Triq Għajn Kajjet, Rabat
8. Lorraine Ellul Bonavia, 20, Sardinella, Triq Ħal Dwieli, Ħaż-Żebbuġ
9. David Bonavia, 21, Carl Flat 3, Triq Nicola Ardoino, St Paul’s Bay
Notification:
1. Director Public Registry, Triq il-Merkanti, Valletta
2. Lands Registry, Casa Bolino, 116, Triq il-Punent, Valletta
3. Commissioner of Lands, Lands Department, Auberge de Baviere, Valletta VLT 2000
4. Deputy curators to represent the unknown owners of the late Vincenza Azzopardi, Giovanni Azzopardi, Carmelo Ciantar and Marianna Ciantar, Giuseppe Borg and Teresa Zammit
5. Joint Office, Auberge de Baviere, Valletta VLT 2000
You are therefore ordered to affix an official copy of this bann 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 this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Joseph Zammit Mckeon, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 619
619By means of a decree of the 26th February, 2018, of the Partition of Inheritances Tribunal in the records of the Application in the names Mary Penza et vs Grace Casha et, Application Number 3/2015PL, the following publication was ordered for the purpose of effecting service on the respondents Grace Casha, Angelo Casha and Marisa Casha in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application number 3/2015PL in the names Mary Penza (ID 203549M) widow of Andrew Penza, and Joseph Penza (ID 769345M), Theresa Cutajar Penza (ID 569644M), Maria Rosa Spiteri (ID 623749M), Mary Abela Penza (ID 147352M) and Raymond Penza (KI 598356M) all brothers and sisters Penza vs Grace Casha (ID 199453M) and for any interest they might have Angelo (ID 279056M) and Marisa Casha (ID 148082M) filed before the Partition of Inheritance Tribunal on the 17th November, 2017, the applicants Mary Penza et requested with respect and confirmed on oath:
That Andrew Penza (ID 170024M) died on the 25th August, 2011, as shown from the testamentary searches here attached and he died testate through a will unica carta in the acts of Notary Dr Charles Mangion LLD dated 5th April, 1994;
Carmela Penza, wife of Andrew Penza (ID 83828M) died on the 3rd January, 2011, as shown from the testamentary searches here attached and she died testate through a will unica carta in the acts of Dr Charles Mangion LLD dated 5th April, 1994;
By means of the will unica carta abovementioned, the said spouses Penza revoked and annulled any other will that they had made earlier and they nominated and instituted as heirs their children Andrew Penza (today deceased), Joseph Penza, Theresa Cutajar Penza, Maria Rosa Spiteri, Mary Abela Penza, Raymond Penza and Grace Casha and this in equal shares between them;
The respondent refused to come forward for the amicable division of the estate of inheritance in accordance with the will aforementioned and this notwithstanding various attempts on the part of the applicants;
Because of this reluctance on the part of the respondent and her refusal to divide the estate of the inheritance in question, the applicants in question suffered damages consisting of interest on the amount on which they have been ordered to pay as a result of the judgment in the names Maria Theresa Vella pro et noe vs Andrew Penza et (Application number 928/02) decided by the Court of Appeal on the 7th August, 2013, and also because of loss of sale of the property;
These procedures are being filed also against Angelo Casha and Casha because Grace Casha suffers from acute depression, and in the numerous meetings that were held before the application was filed, Grace Casha was always assisted by Angelo Casha and/or Casha, and sometimes they even attended in her absence, and so the applicants felt that these procedures are to be filed also against the same Angelo and Casha for any interest they might have as administrators of the same Grace Casha;
Thus, the applicants are requesting this Tribunal:
1. To order the liquidation of the estate of the inheritance and this according to their last wish in the unica carta will in the acts of Notary Doctor Charles Mangion LLD of the 5th April, 1994;
2. Orders that the said estate of the inheritance as liquidated be divided between the parties in their respective shares whilst that which cannot be divided is sold by licitation between the parties and if this does not take place by the admission of external offerers under those reasonable and opportune provisions;
3. Orders that the receivable from the said sale be divided between the parties in the respective share in the said inheritance;
4. Nominates a notary public for the publication of the relative deed of partition and curators to represent the persons who may eventually not appear on the deed;
5. Decides and declares the respondent responsible for the damages caused to the applicants, liquidate the damages suffered by the applicants, and condemns the respondent to pay the amount liquidated to the applicants;
6. Orders the costs of these procedures be paid solely by the respondent who is from now summoned so that evidence to her oath be made.
Applicant:
149, Heart of the Ocean, Triq ir-Rixtellu, Ħal Luqa
Respondents:
Grace and Angelo Casha, 115, St George, Triq Ġużeppi Ellul, Ħal Luqa and/or 115, Triq San Ġorġ, Ħal Luqa
Marisa Casha, 1, Triq is-Sebħ, Ħal Qormi
The application in the names Mary Penza et vs Grace Casha et, Application Number 3/2015PL, has been postponed for hearing to the 13th May, 2019, at 12.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 620
620By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 1st October, 2018, Application number 1474/2018, by Emanuel Galea, Lorenza Psaila, Carmenu Galea, Joanne Calleja, Jonathan Calleja and Jason Calleja whereby Carmela sive Doddie Galea, widow of Salvatore, daughter of Emanuel Cassar and Rosina née Chircop, born in Ħamrun on the 24th October, 1928, and residing at Saint Vincent de Paule, Ħal Luqa, aged 90, and holding identity card number 0620228M, was interdicted by means of a decree given on the 20th December, 2018.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 621
621By means of a decree given by the Court of Appeal (Appeals First Hall) on the 2nd April, 2019, in the records of the Application in the names Chetcuti Francis vs Mallia Emmanuel, Application Number 1105/16/1, the following publication was ordered for the purpose of service of the respondent Francis Chetcuti, in terms of Article 187(3) et sequitur of Cap.12.
By means of an Application, filed in the Court of Appeal on the 11th January, 2019, Application Number 1105/16 MH, in the names Emmanuel Mallia vs Francis Chetcuti and in the records of the Precautionary Garnishee Order Number 410/17, in the names Francis Chetcuti vs Emmanuel Mallia, the applicant Emmanuel Mallia (ID 433444M) respectfully pleaded:
That the interpellant was faced with a garnishee order in the amount of around €6,000;
That the interpellant wishes to avail himself from the provisions of Article 836(1) (c) of Cap. 12 of the Laws of Malta;
That the interpellant is the owner of a garage with number 58, Rook Garage, Triq il-Ġiżi, Fgura. This can take four cars behind each other and has a backyard;
That thus the garage can easily be used as a guarantee because it certainly covers such a minimal value of the warrant;
That the judgement which is being appealed by the respondent by means of this appeal states that he owes nothing to the respondent but it is the respondent who has to pay the interpellant. Thus, more and more the keeping in force of the present garnishee order is not justified;
… omissis …
That both the interpellant and his wife are rather old with several medical problems and this garnishee order is causing them a lot of problems even in the care they take.
Thus the interpellant humbly prays that this Honourable Court in terms of Article 836(1) (c) and (f) of Cap. 12 of the Laws of Malta, saving that it orders the joining of the records of the Application number 575/17 MH in the same names, give those provisions so that the Garnishee Order in the names premised be revoked or alternatively order that the garage mentioned serve as a guarantee in security of the claims of the respondent in the cause in the names premised and consequently revoke the warrant abovementioned, under those provisions it deems fit and opportune.
Whereas the procedures in writing in the cause before the Court of Appeal between Emmanuel Mallia vs Francis Chetcuti have been closed, the Court fixed the hearing of this cause on Tuesday, 2nd April, 2019, at 9.00 a.m. and deferred to the 7th May 2019, at 9.30 a.m.
Applicant: Box Hill, Triq San Tumas, Fgura
Respondent: Frankwin, Triq Santa Marija, Ħal Tarxien
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Notice 622
622By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 6th December, 2018, Application number 1934/2018, by Joanne Bonavia, Carmen Rose Borg and Anne Marie Galea, whereby Żarena sive Nazzarena Frendo, widow of Alfons Frendo, daughter of the late Gregorio Camilleri and Franġiska Saveria née Agius, born in Ħal Qormi on the 26th April, 1946, and residing at Saint Vincent de Paule, Ħal Luqa, aged 72, and holding identity card number 403846M, was interdicted by means of a decree given on the 20th December, 2018.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 623
623By means of a decree of the 17th May, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2632/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Rita Caruana, the following publication was ordered for the purpose of effecting service on the respondent Rita Caruana in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Rita Caruana (ID 590261M) of 75, Triq San Gejtanu, Ħamrun
By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2, 496.59, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law regarding the bill number 101000018674 for the premises 33, Triq San Tumas, Marsa.
Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.
This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 624
624By means of a decree given by the Civil Court First Hall, on the 5th February, 2019, following a request of Maria Theresa Tippett et, it was ordered that deputy curators be chosen to represent the unknown heirs of Reverend Priest Dun Savatur Busuttil, Francesco Busuttil, Angelo Busuttil, Giuseppe Busuttil, Annunziato Busuttil, and Maria Farrugia née Busuttil, in the records of the Schedule number 232/2019, in the names Maria Theresa Tippett et vs Deputy Curators.
By means of a Schedule of Deposit, filed in the First Hall Civil Court, in the names Carmelo Vassallo, pensioner, son of Francesco and Paola née Farrugia born in Siġġiewi, residing in Ħal Lija (ID 0280956M), Maria Theresa wife of Jason Tippett, housewife, born in Sydney, Australia, on 25th October, 1970, Mario Joseph Xuereb, employee, born in Sydney, Australia, on 16th July, 1965, and Richard John Xuereb, employee, born in Sydney, Australia, on 9th November, 1966, all siblings Xuereb, children of John Xuereb and Julia née Marmarà and all residing in Australia;
Louis Cassar Pullicino, Advocate, son of the late Joseph and Celine née Bonett, born in Tal-Pietà and residing in Ħal Balzan (ID 0441061M), mandatary of Alfred Xuereb, pensioner, son of Nazzareno and Josephine née Farrugia, born in Paola, Malta, on 9th November, 1945, and residing in Australia;
Joseph Goggi, pensioner, born in Ħal Tarxien, Malta, on 28th January, 1952, Mary Rose wife of Eddie Nicholas, born in Ħal Tarxien, Malta, on the 26th December, 1954, Paul Goggi, pensioner, born in Ħal Tarxien, Malta, on the 28th September, 1960, Steven Goggi, pensioner, born in Sydney, Australia, on the 2nd August, 1973, and Theresa wife of Stephen Foster, born in Ħal Tarxien, Malta, on the 13th October, 1957, all siblings Goggi, all children of Emanuel Louis Goggi and Mary Therese née Xuereb and all residing New South Wales, in Australia vs
Deputy Curators appointed to represent the unknown heirs of Reverend Priest Dun Salvatur Busuttil, born in Żejtun, Francesco Busuttil born in Żejtun, Angelo Busuttil born in Paola, Giuseppe Busuttil born in Paola, Annunziato Busuttiul, born in Paola, and Maria wife of Carmelo Farrugia née Busuttil, born in Paola, all children of the deceased Giovanni Busuttil, on the 5th February, 2019, the interpellants Maria Theresa wife of Jason Tippett, Mario Joseph Xuereb, Richard John Xuereb, Alfred Xuereb, Joseph Goggi and Mary Rose wife of Eddie Nicholas, Paul Goggi Steven and Theresa wife of Stephen Foster respectfully pleaded:
1. That the interpellants are all together co-owners of the property with number 147, Triq Bormla, Paola, Malta, subject to the annual and perpetual ground rent of €16.66, and this according to a contract of the 11th July, 1924, in the records of Notary Enrico Saydon, copy annexed Doc. A. The said amount of sub ground rent is due to the unknown heirs of Reverend Priest Dun Salvatore Busuttil, Francesco Busutil, Angelo Busuttil, Giuseppe Busuttil, Annunziato Busuttil and Maria wife of Carmelo Farrugia, all children of the late Giovanni Busuttil, plan of the said property annexed Document B;
2. That the interpellants wish to avail themselves of the faculty given to them by means of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta and redeem this sub ground rent at the rate of 5% as stipulated by law by depositing the sum of €333.20 in order that this sum be freely withdrawn by the respondents after the reciept according to law is left.
Service:
Deputy Curators, Courts of Justice, Valletta, Malta
Director Public Registry, Valletta, Malta (two copies)
You are therefore ordered to affix an official copy of this bann 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, this Court will proceed to the selection of Curators of Office.
And after so acting or if you encounter any difficulty in the execution of this bann you are to inform this Court forthwith.
Given by the Superior Court (First Hall) abovementioned with the witness of the Hon. Chief Justice Joseph Azzopardi, LLD, Doctor of Laws.
ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals
Bann for Curators
625Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 15th April, 2019, following a request by Carmel Delia et, it was ordered that deputy curators be chosen to represent the unknown heirs of Stanislao Borg, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella and of Carmelo Morana in the acts of the schedule of deposit number 723/2019 in the names Carmel Delia et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Carmelo Delia (self-employed), son of Emanuel and Maria Assunta née Gatt, born in Tal-Pietà on the 16th May, 1958, and residing at 52, Dar il-Hena, Triq iż-Żurrieq, Qrendi (ID 366558M), and Carmela Delia (housewife), wife of Carmel, daughter of Karmenu Cardona and Dolores sive Lola née Cumbo, born in Ħal Qormi on the 15th November, 1957, and residing at 52, Dar il-Hena, Triq iż-Żurrieq, Qrendi (ID 808257M) vs deputy curators to represent the known heirs of Stanislao Borg (who resided in Floriana), Teodora Frendo Azzopardi (wife of James Frendo Azzopardi, who resided in Floriana), Paolina Felice (wife of Victor Felice, who resided in Floriana) and Concetta Vella (wife of Salvatore Vella, who resided in Bormla) (siblings all born in Bormla, children of Carmelo Borg) and the late Carmelo Morana (trader, son of Francesco, born and resided in Bormla) filed in the First Hall of the Civil Court on the 12th April, 2019, the applicants Carmelo Delia (ID 366558M) and Carmela Delia (ID 808257M) respectfully submitted:
That all the applicants are the owners of the premises consisting of three (3) rooms and two (2) internal yards, at a ground floor level, together with one room on the first floor level, overlying the said rooms, together with the airspace of all the rooms and underlying space of all the rooms at ground floor level, in Triq Sigismondo Savona, previously known as Triq Cospicua, Fgura (hereunder called the Property) which Property is subject to the annual and perpetual ground rent and sub ground rent of €4.57 (plan attached and marked as Doc. CD1);
That by means of a deed of the 24th May, 2005, in the acts of Notary Sylvana Borg Cardona (copy attached and marked as Doc. CD2) the applicants acquried one half (1/2) undivided share of the Property, whilst the other half (1/2) was acquired by Carmelo and Anna spouses Agius. Subsequently, by a deed of the 6th December, 2016, in the acts of Notary Sylvana Borg Cardona (copy attached and marked as Doc. CD3), the applicants acquired one half (1/2) undivided share of the Property from the power of Carmelo and Anna spouses Agius so that they became the sole owners of the Property;
Although in the deed of sale by means of which the applicants acquired the Property, the annual and perpetual ground rent was indicated as one pound sterling (£1), equivalent to €2.33, from the deeds that are going to be mentioned in the following paragraphs it results that the Property was subject to the ground rent and sub ground rent which together amount to €4.57;
The Property was built on a part of a divided portion of land of a total area of 907 square canes equivalent to 3,983.93 square metres forming part of the lands known as Ta Pietra Lunga in the limits of Bormla (hereunder called the Land). By a deed dated 25th June, 1929, in the acts of Notary Enrico Saydon, the Land was granted by perpetual emphyteusis from Stanislao Borg, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella, siblings Borg, in favour of Carmelo Morana as subject to the annual and perpetual ground rent of sixteen pounds sterling and eight shillings, equivalent to Lm16.40. Thus, the orignal ground rent is of Lm0.01,8 for every square cane and consequently the annual and perpetual ground rent for the Property of area 200 metres squared, equivalent to 45.56 square canes, is of €1.92;
By a deed of the 10th April, 1931, in the acts of Notary Enrico Saydon the abovementioned Carmelo Morana granted by title of perpetual sub-emphyteusis to Filippo Camilleri a divided portion of land of area about 318 square canes, equivalent to 1,396.02 metres squared, and on the same deed he established and fixed the sub ground rent of seven pounds sterling and nineteen shillings, equivalent to Lm7.95. Thus the rate of the annual and perpetual sub ground rent of Lm0.02,5 for every square cane and consequently the annual and perpetual sub ground rent on the property is of €2.65;
Subsequently by a deed dated 18th March, 1933, in the acts of Notary Giovanni Azzopardi, the abovementioned Filippo Camilleri sold and transferred to Carmelo Xuereb and Lorenzo Axisa a divided portion of land described in the previous paragraph without imposing any increase in the sub ground rent. By means of an act dated 3rd September, 1935, in the acts of Notary Giovanni Azzopardi, Carmelo Xuereb and Lorenzo Axisa sold and transferred to Francesco Vella part of a divided portion of land acquired for the total area of 804.47 metres squared together with a number of rooms, without imposing an increase in the sub ground rent. By means of a deed of the 14th May, 1946, in the acts of Notary Eduardo Calleja Schembri, Francesco Vella sold and transferred to Antonio Camilleri a divided portion of land together with rooms acquired by him, without imposing any increase in the sub ground rent. Antonio Camilleri, by means of a deed of the 15th October, 1947, in the acts of Notary Oscar Azzopardi, sold and transferred to Lorenzo Camilleri two mezzanines and adjacent developable land of a total area of 52.68 metres squared without imposing any increase in the sub ground rent. In none of the mentioned deeds was there an imposition of an increase by the vendors, but the land and the rooms were always transferred as subject to ground rent and sub ground rent;
Lorenzo Camilleri died on the 12th December, 1992, and by means of a will he regulated his succession, which will was made in Australia and dated 6th December, 1982. He nominated his son Joseph Camilleri as executor and trustee, and gave to his son Anthony Camilleri the use of his princial residence, that was not the Property, and he left the remaining assets and property to his children Joseph Camilleri, Phyllis Galea, Emmanuel Camilleri, Mary Cilia and Carmen Shepherd. The said heirs of Lorenzo Camilleri by means of a deed of the 24th May, 2005, in the acts of Notary Sylvana Borg Cardona, sold to the applicants half (1/2) undivided of the Property;
The applicants wish to avail themselves of the option that they have in terms of Article 1501 Cap. 16 of the Laws of Malta and redeem the same ground rent and sub ground rent in terms of the same law;
Thus, by means of this present, the applicants redeem and deposit the annual and perpetual ground rent due to the owners Stanislao Borg, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella and also the annual and perpetual sub ground rent due to the heirs of the sub owner Carmelo Morana;
Thus, the applicants are depositing the total amount of €118.82 consisting of the following:
i) The sum of €49.92 due to the unknown heirs of the owners Stanislao Borg, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella consisting of the following:
The sum of €38.40 representing the annual and perpetual ground rent of €1.92 capitalised at the rate of 5%;
The sum of €1.92 representing the fine;
The sum of €9,60 representing the arrears of ground rent for the last five years.
ii) The sum of €68.90 due to the unknown heirs of the sub direct owner Carmelo Morana consisting of the following:
The sum of €53 representing the annual and perpetual sub ground rent of €2.65 capitalised at the rate of 5%;
The sum of €2.65 representing the fine;
The sum of €13.25 representing the sub ground rent arrears for the last five years.
Thus the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €118.82 representing the redemption of the annual and perpetual ground rent and sub ground rent, the fine and the arrears of the same ground rent and sub ground rent for the last five years so that they be freely given to the deputy curators to represent the unknown heirs of the late Stanislao Borg, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella and of Carmelo Morana, after leaving the relative receipt according to law.
Applicants:
1. Carmelo Delia, 52, Dar il-Hena, Triq iż-Żurrieq, Qrendi
2. Carmela Delia, 52, Dar il-Hena, Triq iż-Żurrieq, Qrendi
Notification:
1. Director Public Registry, Triq il-Merkanti, Valletta
2. Lands Registry, Casa Bolino, 116, Triq il-Punent, Valletta
3. Commissioner of Lands, Lands Department, Auberge de Baviere, Valletta VLT 2000
4. Deputy curators to represent the unknown owners of the late Stanislao, Teodora Frendo Azzopardi, Paolina Felice and Concetta Vella and of Carmelo Morana
You are therefore ordered to affix an official copy of this bann 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 this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Tonio Mallia, LLD, Doctor of Laws.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 626
626By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 13th April, 2018, Application number 538/2018, by Patrick Portelli, Raymond Portelli and Josephine Portelli, whereby Mary Cordina, unmarried, daughter of Carmelo Cordina and Rosaria Farrugia, born in Birkirkara on the 27th April, 1928, and residing at Saint Vincent de Paule, Ħal Luqa, aged 90, holding identity card number 0310128M, was incapacitated by means of a decree given on the 6th December, 2018, and under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 627
627By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd February, 2019, Application number 339/2019, by Nazzareno Sciberras, whereby Francis Sciberras, son of the late Emanuel and Maria née Ellul, born on the 17th February, 1957, in Mqabba and residing in Mqabba, holding identity card number 153157M, was interdicted by means of a decree number 192/1991 and under the conditions therein mentioned but by means of a decree of the 15th March, 2019, this decree was revoked and the said Francis Sciberras was incapacitated.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 628
628By means of a decree of the 12th March, 2019, in the records of the judicial letter number 3586/18 in the names Valentina D’Amato vs Mariosa Chricop, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Mariosa Chircop in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To
Mariosa Chircop of Andrea, Flat No. 1, Triq Monsinjur Anton Cilia, Ħaż-Żebbuġ (Malta)
By means of this present Valentina D’Amato (ID 85793M) of c/o 203/1, Vincenti Buildings, Triq l-Ifran, Valletta refers to the legal letter dated 31st August, 2018, by means of which you were solicited so that till the 30th September, 2018, you vacate the premises with address Andrea, Flat 1, Triq Monsinjur Anton Cilia, Ħaż-Żebbuġ and return the same keys, she is once again soliciting you officially so that you vacate from the said premises and return the keys by not later than 31st October, 2018, and this because you are occupying the said premises without any title.
In default that you do not abide with this official solicitation, further procedures in Court will be taken against you, and this certainly without further notice.
So much so you may know how to regulate yourself.
With costs of this present and saving the reimbursement for any losses and damages
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 629
629It 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 23rd of April, 2019, and this after a written plea numbered 222/2019, ordered:
The correction of the Act of Civil Union of Felix Busuttil and Daron Galea, bearing number 11 of the year 2015, the surname “Galea Busuttil” is to be cancelled wherever it appears, and is to be substituted with the chosen surname “Busuttil Galea”.
JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts
Notice 630
630By means of a decree of the 15th January, 2019, in the records of the judicial letter number 3605/18 in the names Superintendent of Public Health vs Daniela Cachia et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Daniela Cachia, Karl Cachia, Joseph Ciarlo and Marina Ciarlo in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To
Daniela Cachia (ID 656458M), Karl Cachia (ID 338656M), Joseph Ciarlo (ID 4069M) and Marina Ciarlo (ID 772954M) of Flat 2, Garden Court A, Triq Mensija, San Ġwann
By means of this present the Superintendent of Public Health whilst making reference to the judicial letter dated 4th September, 2018, refutes as unfounded both in fact and at law the allegations and pretentions put forward by you in that letter.
You are being warned to stop from continuing these unfounded allegations in her regard since the work which had to be carried out by the officials concerned was done in time and therefore your claim for damages is totally unfounded.
So much for your own guidance and to avoid useless judicial costs.
With costs
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 631
631By means of a decree of the 10th April, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 204/2019 in the names Charlene Borg vs Fabio Zanda, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Fabio Zanda (ID 0116148A) of Oea Court, Flat 3, Triq San Lwiġi, Msida MSD 1465
By the present, Charlene Borg (ID 0148590M) of 66, Sacred Heart, Triq id-Demnuq, Siġġiewi SGW 1801 calls upon you so that within one week from today you pay the amount of €2800 representing the damages caused by you to plaintiff as a consequence of the road accident which occured on the 21st May, 2017, in Naxxar between vehicle registration number CHA 913, property of and driven by the said Charlene Borg, and the vehicle registration number CHE 107, driven by you Fabio Zanda, which accident happened solely because of your fault and negligence.
In default, further proceedings will be taken against you.
So much for your guidance.
With expenses, including those of legal consultancy and with interests running from service of this judicial letter until date of payment
Service: Elmo Insurance Ltd
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Court Warrant
632By means of a decree of the 22nd October, 2018, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 661/18 in the names (Applicant) Victoria Grima et vs (respondent) Charles Sammut the following publication was ordered for the purpose of service of the respondent Charles Sammut in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the Rent Regulation Board, in the names (applicants) Victoria Grima (ID 551464M) Yvonne Naudi (ID 665237M) and Anna Maria Yero (Maltese passport number 820857) vs (respondent) Charles Sammut (ID 491167M) filed on the 25th April, 2018, the applicant Victoria Grima (ID 551464M) asked this Honourable Court:
To order the issuing of a Warrant of Eviction against the respondent (from the undermentioned premises) in execution of the undermentioned judgement and whereas the respondent failed to do this till this day.
Premises: 37 previously 68, Triq is-Suq, Floriana
Judgement: Given on the 9th March, 2018, by the Rent Regulation Board Application number 92/2015MV in the names Victoria Grima et vs Charles Sammut
Filed by Dr Rachel Bonello and PL Gerald Bonello
Warrant of Eviction
Republic of Malta
To the Court Marshall
Given by the Court abovementioned with the witness of the Rent Regulation Board by Magistrate Dr Josette Demicoli LLD
Applicants: Dar il-Ward, Triq Notabile, Mrieħel
Respondent: Bellagio, Block B, Flat 6, Triq San Ġużepp, Tal-Pietà
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 633
633It 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 23rd day of April, 2019, and this after a written plea numbered 216/19, ordered:
The correction of the Act of Death of Nicolina Borg, bearing number 2831 of the year 2017, in the column entitled “Name and surname of parents, and whether living or dead”, the incorrect name “Carmelo” is to be cancelled and substituted with the correct name “Salvatore”.
Court of Revision of Notarial Acts, today Friday, 26th April, 2019
JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts
Notice 634
634It 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 23rd day of April, 2019, and this after a written plea numbered 237/19, ordered:
The correction of the Act of Death of Josephine Zammit, bearing number 2247 of the year 1947, in the column entitled “Name and surname of parents, and whether living or dead”, the mother’s name “Catherine” is to be cancelled and substituted with the correct name “Maria”.
Court of Revision of Notarial Acts, today Friday, 26th April, 2019
JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts
Notice 635
635By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th November, 2018, Application number 1895/2018, by Natasha Galea, Colin Galea, Vanessa Haridas Galea and Sarianne Galea, whereby Vincent Galea, separated, son of the late Paul Galea and Paulina Galea Zarb, born in St Julian’s on the 14th June, 1937, and residing in Ħal Għargħur aged 81, holding identity card number 455137M, was incapacitated by means of a decree given on the 28th December, 2018, and under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 636
636By means of a decree of the 28th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Maurice Borg et vs Robert Spiteri, Application Number 217/2018JD, the following publication was ordered for the purpose of effecting service on the respondent Robert Spiteri 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 Maurice Borg (ID 732740M); Vivienne Ellul (ID 375538M); George Borg (ID 718539M); Dennis Borg (ID 1080245M); Margaret Ellul (ID 259348M); Antida Portelli (ID 101250M); Albert Borg (ID 699552M) and Martin Borg (ID 595658M) vs Robert Spiteri (ID 695148M) filed before the Rent Regulation Board on the 4th December, 2018, the applicants Maurice Borg (ID 732740M); Vivienne Ellul (ID 375538M); George Borg (ID 718539M); Dennis Borg (ID 1080245M); Margaret Ellul (ID 259348M); Antida Portelli (ID 101250M); Albert Borg (ID 699552M) and Martin Borg (ID 595658M) request with respect that this Board:
1. Decides this case without proceeding to trial in terms of article 16A et sequitur of Cap. 69 of the Laws of Malta;
2. Declares that the lease of the premises that is the flat internally numbered with number twelve (12) on the third level, forming part of a block of buildings of twelve (12) flats and ten (10) underlying garages, with the name of Ashton Court, without number, in Triq Patri Feliċ Sammut, in St Paul’s Bay to the respondent is terminated;
3. Consequently authorises the applicants to resume the vacant possession of the premises that is flat internally marked with number twelve (12) on the third floor, forming part of a block of buildings of twelve (12) flats and ten (10) underlying garages with the name Ashton Court, without number, in Triq Patri Feliċ Sammut, in St Paul’s Bay; and
4. Consequently orders the eviction of the respondent from the said premises and this within a short and peremptory time that this Honourable Board establishes.
With costs and interest according to law, and reserving any other action against the respondent, that is from now summoned so that reference to his oath be made.
Applicant: Nevada, Triq il-Linja, Ħ’Attard
Notification respondent: Flat 12, Ashton Court, Block 1, Triq Patri Felice Sammut, St Paul’s Bay
The application in the names Maurice Borg et vs Robert Spiteri, Application Number 217/2018JD, has been postponed for hearing to the 6th May, 2019, at 10.00 a.m.
By order in terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you have to appear before the Board abovementioned on the day and time given and notified to you.
In terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you are warned that this application is made by means of a special summary proceedings, in which proceedings the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 637
637By a decree of the Court of Magistrates (Malta) of the 12th March, 2019, the publication of the following extract was ordered for the purpose of service of Karl Blundell and Iana Blundell in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a note filed on the 28th September, 2018, in the names BNF Bank plc previously Banif Bank (Malta) plc (C 41030) vs Karl and Iana (spouses) Blundell (ID 0396876M and ID 22524A respectively), whereby by means of note filed by the company BNF Bank plc previously Banif Bank (Malta) plc in terms of Article 838B(2)(a) of Cap. 12 of the Laws of Malta, after the judicial letter issued in the said names in terms of Article 166A of the same Cap. 12, was rendered executable on behalf of Iana Blundell only (Doc A). By means of this note, the said company is declaring that as for Iana Blundell only the following are to be seized:
1. Principal amount €1,644.65 which include €1,604.65 as rendered executable by means of the above judicial letter and also €40 further charges on the debt on the basis of the tariff of charges relative to the credit card and attached with the same judicial letter as Doc. B. For clarity’s sake, the amount of €40 is the result of two charges of €20 that the applicant company imposes every month. Further bank charges and fees are reserved; and
2. Interest of €38.13 calculated at the rates mentioned in the judicial letter abovementioned till the 14th September, 2018. Further interest is reserved; and
3. Costs of €442.92 that includes €409.71 legal costs according to the official bill of costs issued by the Court (Doc. BB) and €33.21 as value added tax on the lawyer and legal procurator fees. Further costs are reserved.
In view of the above, the total amount that has to be seized is that of €2,125.70.
Creditor: BNF Bank plc previously Banif Bank (Malta) plc, 203, Level 2, Rue D’Argens, Gżira
Debtors: Iana Blundell and Karl Bludell, MGM Crt, Fl. 2, Triq il-Mensija, San Ġwann SGN 1609
In the Court of Magistrates (Malta)
Magisrate: Dr Rachel Montebello BA LLD
In the acts of the Garnishee Order Number 1478/2018
BNF Bank plc previously Banif Bank (Malta) plc (C41030)
vs
Karl and Iana (spouses) Blundell (ID 0396876M and ID 22524A respectively)
The Court,
Saw the counter warrant number 1969/2018 that was issued limitedly on behalf of only one of the garnishees and so is still applicable to the rest of the garnishees and for the debt claimed;
Saw the note of the applicant Bank dated 28th September, 2018, in the acts of the garnishee order number 1478/2018 and orders that this will be notified to Iana Blundell and to any one who has any interest with two days within which to submit a reply.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals