Court Notices published in Govt. Gazette No. 20,222 of 28th June 2019

By a decree of the Court of Magistrates (Malta) of the 11th June, 2019, the publication of the following extract was ordered for the purpose of effecting service on the defendant Matthew Caruana Galizia in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

E & S Consultancy Limited (C 50332) of c/o Palace Court, Triq il-Knisja, St Julian's, filed an Application on the 27th March, 2019, whereby he asked the Court to condemn Matthew Caruana Galizia (ID 0130886M) of Dar Riħana, Bidnija, limits of Mosta, so that this Court orders him to pay the plaintiff the maximum as stated in Cap. 579 of the Laws of Malta as damages for the compensation for the defamation that he suffered as a consequence of the tweets made from Matthew Caruana Galizia's profile on twitter on the 26th February, 2018 (Doc. A and Doc. B), on the 27th February, 2018 (Doc. C), on the 14th March, 2019 (Doc. D) and on the 15th March, 2019 (Doc. E), aimed to injure and diminish the reputation, integrity and honour of the applicant.

And this saving any declaration that as the author of the tweet he published he defamed and libelled the plaintiff by attacking his integrity, honour and personal and professional reputation by means of false and slanderous allegations and/or insinuations which will be proved.

With costs against the respondent who is from now summoned so that evidence to his oath be made

The case (Application Number 62/19RM) is postponed to the 2nd July, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th June, 2019, the publication of the following extract was ordered for the purpose of effecting service on the defendant Matthew Caruana Galizia in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Christian Ellul (ID 301479M) of c/o Palace Court, Triq il-Knisja, St Julian's, filed an Application on the 27th March, 2019, whereby he asked the Court to condemn Matthew Caruana Galizia (ID 0130886M) of Dar Riħana, Bidnija, limits of Mosta, so that this Court orders him to pay the plaintiff the maximum as stated in Cap. 579 of the Laws of Malta as damages for the compensation for the defamation that he suffered as a consequence of the tweets made from Matthew Caruana Galizia's profile on twitter on the 26th February, 2018 (Doc. A and Doc. B), on the 27th February, 2018 (Doc. C), on the 14th March, 2019 (Doc. D) and on the 15th March, 2019 (Doc. E) aimed to injure and diminish the reputation, integrity and honour of the applicant.

And this saving any declaration that as the author of the tweet he published he defamed and libelled the plaintiff by attacking his integrity, honour and personal and professional reputation by means of false and slanderous allegations and/or insinuations which will be proved.

With costs against the respondent who is from now summoned so that evidence to his oath be made

The case (Application Number 61/19RM) is postponed to the 2nd July, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 11th June, 2019, the publication of the following extract was ordered for the purpose of effecting service on the defendant Matthew Caruana Galizia in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Karl Schranz (ID 373380M) of c/o Palace Court, Triq il-Knisja, St Julian's, filed an Application on the 27th March, 2019, whereby he asked the Court to condemn Matthew Caruana Galizia (ID 0130886M) of Dar Riħana, Bidnija, limits of Mosta, so that this Court orders him to pay the plaintiff the maximum as stated in Cap. 579 of the Laws of Malta as damages for the compensation for the defamation that he suffered as a consequence of the tweets made from Matthew Caruana Galizia's profile on twitter on the 26th February, 2018 (Doc. A and Doc. B), on the 27th February, 2018 (Doc. C), on the 14th March, 2019 (Doc. D) and on the 15th March, 2019 (Doc. E) aimed to injure and diminish the reputation, integrity and honour of the applicant.

And this saving any declaration that as the author of the tweet he published he defamed and libelled the plaintiff by attacking his integrity, honour and personal and professional reputation by means of false and slanderous allegations and/or insinuations which will be proved.

With costs against the respondent who is from now summoned so that evidence to his oath be made

The case (Application Number 60/19RM) is postponed to the 2nd July, 2019, at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 25th April, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12) on the company Y Projects Ltd which was called into suit as third party.

Lucia Fenech (ID 483840M) of Flat 1, 189, Triq it-Torri, Tas-Sliema, filed a Claim on the 17th April, 2018, whereby she asked the Tribunal to condemn Christopher Frendo and the company Y Projects Ltd of 3, Wilton Place, Triq Graham, Tas-Sliema and/or 126B, Triq it-Torri, Tas-Sliema who was called into suit as third party, to pay the plaintiff the sum of €1617.76 which amount is due to the plaintiff.

With costs and interests

The case (Claim Number 153/2018AM) is deferred on the 2nd July, 2019, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 30th October, 2018, following a request by Omar Buttigieg et it was ordered that deputy curators be chosen to represent successors in title of Gio Maria and Giuseppe brothers Cassar in the acts of the schedule of deposit number 2044/2018 in the names Omar Buttigieg 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 Omar Buttigieg, riding instructor, son of the late Victor Buttigieg and Alice née Frendo, born in Tal-Pietà and residing at 52, Vinmar, Triq tal-Virtù, Rabat (Malta) (ID 131281M) and his wife Sue Ellen Buttigieg, clerk, daughter of Joseph Schembri and Maria née Seisun, born in Tal-Pietà and residing at 52, Vinmar, Triq tal-Virtù, Rabat (Malta) (ID 651081M) vs Franco Buttigieg, retired, son of the late Rene Buttigieg and Anna Maria née Cremona, born in Tas-Sliema and residing in Ħal Balzan (ID 139463M) in his own name and for and on behalf of his sisters Alessandra Kirkpatrick and Maria Borg Costanzi and his mother Anna Maria Buttigieg, widow, daughter of Felice Cremona and Beatrice née Stillon, born in Valletta and residing in Ħal Balzan (ID 928235M) as sub sub owners; Ludgardo Borg, pensioner, as successor in title of his father Giorgio Borg and son of Paola née Agius, born and residing in Ħal Qormi (ID 0442035M) as sub-owner, and deputy curators to represent the successors in title of GioMaria and Giuseppe brothers Cassar, children of the late Paolo and Concetta née Briffa, born and residing in Ħal Qormi, as owners, filed in the First Hall of the Civil Court on 26th October, 2018, the applicants Omar and Sue Ellen spouses Buttigieg respectfully submitted:

That the applicants acquired from Anthony and Carmen Baldacchino the perpetual sub-emphyteusis of the house with the front parapet and with a small garden at the back with its own free airspace bearing number 33 with the name Toncarm, Triq il-Proża, Ħal Qormi (copy of the site plan here attached and marked as Document A);

The said spouses Baldacchino acquired by title of perpetual sub-sub empyteusis from Architect Engineer Rene Buttigieg, in the records of Notary Angelo Sammut dated 2nd August, 1976, a piece of development land in Ħal Qormi with the measurments of 95 square canes bounded from the North-West with a projected road, from the East with property of Architect Rene Buttigieg and from the South-West with property of Gaetano Tabone and others subject to the sub-ground rent of Lm35;

That the sub-direct ownership passed to the the exclusive posession of Architect Rene Buttigieg by means of a deed of a division with third parties in the records of Notary Giuseppe Sammut dated 3rd February, 1970;

The said land was bought by means of a title of sub-emphyteusis from Giorgio Borg by means of a contract in the records of Notary Joseph Felix Abela dated 8th November, 1962, and subject to the sub-ground rent above mentioned in terms of Clause 3 it has to be redeemed at the rate of 4.5%;

The same Giorgio Borg bought the land in question, forming part of a bigger land by title of emphyteusis from GioMaria and Giuseppe Cassar by means of a contract in the records of Notary Joseph Agius dated 23rd September, 1954, and which land consists of two tumoli, three sigħan and five kejliet as subject to the annual and perpetual ground rent;

The applicants wish to avail themselves of the option that they have in terms of Article 1501 of the Civil Code to redeem all the ground rents relative to the land in terms of the same law;

The sum of Lm35 equivalent to €81.53 capitalised at the rate of 5% and 4.5% according to the case amounts to €1,714.55;

For more efficiency and without prejudice the applicants are indicating the respective amounts of each party that are:

1. €43,93 due as sub sub-ground rent to the heirs of Architect Rene Buttigieg capitalised at the rate of 5% that amounts to €878.60;

2. €37.60 due as sub ground rent to the heirs of Giorgio Borg capitalised at the rate of 4.5% that amounts to €835.55;

3. €0.02 due as ground rent to the heirs of GioMaria and Giuseppe Cassar that is €0.40;

Thus, the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €1,714.55 the amount of redemption of the annual and perpetual emphyteutical concessions so that these may be freely withdrawn by the respondent after leaving the relative receipt according to law.

Notification:

1.  Borg Ludgardo, 69, Marluk, Triq il-Vittorja, Ħal Qormi

2. Buttigieg Franco, 93, Samafra Crt, Fl. 1, Triq il-Ferrovija l-Qadima, Ħal Balzan

3. Director Public Registry, Triq id-Dejqa, Valletta

4. Lands Registrar, Casa Bolino, Triq il-Punent, Valletta

5. Deputy Curators, Law Courts, Valletta.

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, above mentioned, with the witness of the Hon. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

DKR 69/2012 – CANCELLATION OF A FREEZING ORDER

It is being notified that by judgement dated 7th May, 2019, given by the Court of Magistrates as a Court of Criminal Judicature – (Magistrate Dr Charmaine Galea LLD), Compilation Number 1422/2011, in the case in the names:

The Police

(Inspector Anne Marie Micallef)

Versus

Raymond Bonavia, 63 years, son of Joseph and Carmela nee Calleja, born in Mosta, Malta on the 28th September, 1955, residing at Villa Avinob, Triq San Pawl, Naxxar, Malta and holder of Maltese identity card bearing number 685955M in his personal capacity and for and on behalf of Chrism Services Limited, a company registered in Seychelles bearing registration number 074554;

David Athwal, 47 years, son of Daniyal and Teresa, born in Sahiwal, Pakistan on the 1st May, 1972, residing at number 257, Triq Fleur-De-Lys, Birkirkara, Malta and holder of identity card bearing number 28922A;

Francis sive Frankie Agius, 45 years, son of Paul and Mary nee Saliba, born in Tal-Pietà, Malta on the 1st May, 1974, residing at Pearl, Triq Emanuel Bonnici, Burmarrad, Malta and holder of Maltese identity card bearing number 225774M;

AND

Stephen James Grech, 54 years, son of Charlie and Mary Assunta nee Grech, born in New South Wales, Australia on the 7th October, 1964, residing at number 96, Liliana, Block B, Flat 9, Triq Ġulju, St Paul's Bay, Malta and holder of Maltese identity card bearing number 111382M.

The Court ordered the cancellation of the freezing order of all the assets of the said Raymond Bonavia, David Athwal, Francis sive Frankie Agius and Stephen James Grech which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Neville Camilleri LLD) by a decree dated 1st March, 2012, and published in the Government Gazette of the 6th March, 2012, and varied by a decree given on the 11th June, 2012, by the Criminal Court (Mr Justice Dr David Scicluna) and published in the Government Gazette of the 15th June, 2012.

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 94/2014 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 6th June, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Donatella Frendo Dimech LLD) following an application filed by HSBC Bank Malta plc on the 5th June, 2019, Compilation number 237/2014 in the case:

The Police

(Inspector Anne Marie Xuereb)

Versus

Francis Caruana, 60 years, son of George and Giuseppa nee Bugeja, born in Marsaxlokk, Malta on the 6th February, 1959, residing at Calleja Court, Flat 1, Triq il-Baħħara, Għajnsielem, Gozo, Malta and holder of Maltese identity card bearing number 144559M.

The Court authorised HSBC Bank Malta plc to deposit the sum of one hundred and sixty-two euro and seventy cents (€162.70) in the Registry of this Court which sum belongs to the accused Francis Caruana representing dividend.

This variation is being published in terms of Section 5 of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order dated 7th March, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras LLD) and published in the Government Gazette of the 14th March, 2014, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Francis Caruana.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 6th June, 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 6th June, 2019, in the records of the schedule of deposit and concurrent redemption of ground rent number 126/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Mary wife of Joseph Sacco (ID 47153G) versus a deputy curator to represent the unclaimed inheritance of Carmelo Sultana, a farmer, and of Marianna widow of Victor Sultana, siblings, children of the late Michele Sultana and Giovanna née Attard, born in Xagħra, Gozo where they used to reside, this in the records of the schedule of deposit and redemption of ground rent mentioned, filed on the 6th June, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. She respectfully premised:

That she wishes to redeem the annual and perpetual ground rent of two and three quarter pennies (2 ¾ p) of the old currency equivalent today to six cents (6c) imposed by virtue of a deed of the second (2nd) September of the year nineteen forty-four (1944) (in the records of Notary Francesco Refalo) upon a portion of land known as Ta' Bullara situated in Triq Bullara, which forms part of Triq Ġnien Imrik, in Xagħra, Gozo, measuring circa two mondelli, equivalent to three hundred and seventy-five square metres (375m2) and bounded on the South by the street, West by an entrance and East by property of Felice Xerri and North by property of Victoria Refalo, on which land there is built today the premises number thirteen (13), Triq Sansuna, Xagħra, Gozo, property of applicant, and as better shown on the plan and site-plan herewith annexed and marked as Document A;

Whereas applicant wishes to benefit from article one thousand five hundred and one (1501) of the Civil Code and redeem the above said annual and perpetual ground rent.

Therefore the applicant is humbly calling upon this Honourable Court under its authority and depositing the sum of one euro and twenty euro cents (€1.20) being the annual and perpetual ground rent of two and three fourths pence (2 ¾ p) in the old currency, capitalised at the rate of five percent (5%) per annum, and this in favour of the unclaimed inheritance of the said Carmelo Sultana and Marianna widow of Victor Sultana, which sum of money could be freely withdrawn by the said respondents on condition that due receipt if tendered according to law for the said purpose.

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 declaratory note to 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

By a decree of the 19th June, 2019, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Chapter 12).

That by application and a schedule of set-off filed contemporaneously by Stoneland Limited (C 9613) on the 18th June, 2019, the approval of the said judicial acts is being demanded for the amount of €73,000.00 following judicial sale by auction 48/18 in the names Charles Camilleri noe vs Carmelo Cassar Limited (C 2945) held under the authority of the said Court on the 13th June, 2019.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 13th June, 2019, in the records of the Sworn Application in the names Bezzina Victor vs Alarcon Salvatore et, Application Number 246/19 RGM, the following publication was ordered for the purpose of service of the respondents Salvatore Alacron, Anna Elisabetta Gretter and New Viking Limited, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Victor Bezzina (ID 889248M) vs 1) Salvatore Alarcon (ID 31800A); 2) Anna Elisabetta Gretter (ID 31799A); and New Viking Limited (C 25700) on the 7th March, 2019, the applicant Victor Bezzina respectfully pleaded and humbly asked this Honourable Court:

That the respondents in solidum are debtors of the applicants for the balance of the price of the purchase of immovables or rather hotel known as The Viking Hotel, Triq Spinola, St Julian's;

That as results from this application, the respondents still owe the applicants the sums mentioned in the application as capital and the interests related with this sale.

Thus, the applicants humbly pray this Honourable Court to decide the cause according to the demand without proceeding to a hearing in terms of Articles 167 et sequitur of Cap. 12 of the Laws of Malta under those provisions it deems fit:

1. By declaring that the respondents in solidum are debtors of the applicants in the sum of one hundred thousand euro (€100,000) as capital excluding the interests which till today amount to the sum of eighty-seven thousand three hundred fifty ewro (€87,350.00) due as stated above, with interests till the date of effective payment;

2. Condemn the respondents to pay this debt including expenses, as demanded in the application.

The respondents are from now summoned so that a reference to their evidence be made.

The sworn application in the names Bezzina Victor vs Alarcon Salvatore et, Application Number 246/19 RGM, has been deferred for hearing to Wednesday, 9th July, 2019, at 9.15 a.m.

Applicant:

5, St Nicholas Flats, Triq Abate Rigord, Ta' Xbiex

Respondents:

Salvatore Alarcon, Cordoba Crt, Flt 8, Triq il-Qawra, St Paul's Bay

Anna Elisabetta Gretter, Cordoba Crt, Flt 8, Triq il-Qawra, St Paul's Bay

New Viking Ltd, 5, St Nicholas Flats, Triq Abate Rigord, Ta' Xbiex

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 319/2013 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 20th June, 2019, given by the Criminal Court of Appeal – (Madame Justice Dr Consuelo Scerri Herrera LLD) after an application filed by Shannon Cauchi on the 13th June, 2019, and following judgement given by the same Court on the 15th January, 2019, Appeal Number 301/2018, in the case in the names:

The Police

(Asst Comm. Ian J. Abdilla)

(Inspector Anna Marie Micallef)

(Inspector Yvonne Farrugia)

Versus

… omissis …

… omissis …

Shannon Cauchi, 28 years, daughter of Gerald and Rosemarie nee Ciantar, born in Tal-Pietà, Malta on the 26th August, 1989, residing at number 9, Triq il-Kamelja, Ħamrun, Malta and holder of Maltese identity card bearing number 388989M;

… omissis …

… omissis …

The Court ordered the cancellation of the freezing order of all the assets of the said Shannon Cauchi which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Anthony G. Vella LLD) by a decree dated 23rd July, 2013, and published in the Government Gazette of the 30th July, 2013. 

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 319/2016 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 4th June, 2019, given by the Court of Magistrates (Gozo) as a Court of Criminal Judicature – (Magistrate Dr Joseph Mifsud LLD) following an application filed by Jamie Fenech on the 22nd May, 2019, Compilation number 57/2016 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus

Jamie Fenech, 39 years, son of Spiro and Jane nee Buttigieg, born in Canada on the 3rd January, 1980, residing at Fenech, Triq l-Imġarr, Għajnsielem, Gozo, Malta and holder of Maltese identity card no. 491796M.

The Court authorised the accused Jamie Fenech to withdraw the sum of thirteen thousand nine hundred and seventy euro and twenty-four cents (€13,976.24) for the year 2018 from his bank account with HSBC with number 071-157911-050 which sum is entitled to him for his living every year.

This variation is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Chapter 101 of the Laws of Malta, of Sections 5 (1) (a) (b) and 5 (2) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and of Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta following a freezing order which decree was given on the 16th September, 2016, by the Court of Magistrates (Gozo) as a Court of Criminal Inquiry (Magistrate Dr Paul Coppini LLD) where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Jamie Fenech.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Antoinette Mulholland (Maltese passport no: 0947352) filed an application under oath (No. 468/19/LSO) demanding correction in the Act of Marriage No: 899/1980 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Oleg Popov (passport no: 1300111) filed an application under oath (No. 584/19/LSO) demanding correction in the Act of Birth No: 6493/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Malcolm Mifsud noe (ID 405168M) filed an application under oath (No. 580/19/LSO) demanding correction in the Act of Birth no: 6396/1943 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

JOSETTE DEMICOLI

For the Registrar, Civil Courts and Tribunals

By a decree given on the 26th June, 2019, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall on the 6th May, 2019, on the application of Busuttil Reverendu Dun Karm (ID 488059M), Thursday, 11th July, 2019, at half past ten in the morning (10.30 a.m.) has been fixed for the sale by auction to be held in room numbered 78, near the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

a) Garage numbered two (2) that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at nine thousand and five hundred euro (€9,500).

b) Garage numbered fourteen (14) with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at seven thousand and six hundred euro (€7,600).

c) Garage numbered twenty-two (22) on the siteplan but numbered seventeen (17) on site with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar, valued at nine thousand and nine hundred euro (€9,900).

d) Garage numbered seventeen (17) on the siteplan but numbered twenty-two (22) on site with its own airspace that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred (€500) and valued at eight thousand and six hundred euro (€8,600).

e) Garage numbered twelve (12) that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at nine thousand and five hundred euro (€9,500).

f) Garage eighteen (18) on the siteplan but numbered twenty-one (21) on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at eight thousand and six hundred euro (€8,600).

g) Garage numbered fifteen (15) that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at seven thousand and six hundred euro (€7,600).

h) Garage numbered three (3) that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at nine thousand and five hundred euro (€9,500).

i) Garage numbered sixteen (16) that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar, valued at seven thousand and six hundred euro (€7,600).

j) Garage numbered nineteen (19) on the siteplan but twenty (20) on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at nine thousand and one hundred euro (€9,100).

k) Garage numbered twenty (20) on the siteplan but numbered nineteen (19) on site that can be accessed from a common driveway forming part of an unnamed and unnumbered block accessible from Triq Wied il-Għajn, Ħaż-Żabbar. The garage is subject to an annual rent of five hundred euro (€500) and valued at nine thousand and one hundred euro (€9,100).

Each property marked (a) to (k) in this advert includes an undivided share and access to the common parts, including the driveway, hall entrance,common ramps, and common stairwells and garages numbered fourteen (14) and seventeen (17) own their own airspace.

Store numbered one (1) forming part of an unnamed and unnumbered block accessible from a drive in Triq Wied il-Għajn, Ħaż-Żabbar underlying third party properties. The store is rented at the rate of three hundred euro (€300) monthly as a shop named 'Aurora Bar'. In the rent fee the rent of garage seventeen (17) is also included. The property is valued at fifty thousand and five hundred euro (€50,500).

Half undivided share of a store numbered two (2) forming part of an unnamed and unnumbered block accessible from a drive in Triq Wied il-Għajn, Ħaż-Żabbar. The store is rented as a shop named 'Burn Out' with a rent of seven hundred eighty euro (€780) every three months. The rent fee also includes the rent of garage numbered sixteen (16). The store underlays property of third parties and has a direct access to garage numbered sixteen (16). This undivided share is valued at twenty-two thousand and three hundred and seventy-five euro (€22,375).

Garage unnamed and unnumbered underlying to Crimson Flats in Triq Ġanni Bonavia, Ħaż-Żabbar, bounded on the East with the said street, West by property of family Testaferrata and North by property of Architect Carmelo Vella or his successors, and is valued at one hundred and thirty-seven thousand euro (€137,000).

The said tenement is the property of Zammit Joseph (ID 685647M) and Zammit Mary Grace (ID 189348M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 18/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall (Constitutional Jurisdiction) on the 26th March, 2019, in the records of the Application in the names Lanzon Mary Ann et vs Attorney General et, Application Number 26/19 JZM, the following publication was ordered for the purpose of service of the respondent Mary Cuschieri, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the First Hall Civil Court (Constitutional Jurisdiction) in the names Mary Ann Lanzon, Joanna Decesare, Paul Busuttil, Roberta Pecci Busuttil, Clarissa Pace and Joseph Busuttil vs Attorney General, Mary Cuschieri (ID 193739M) on the 20th February, 2019, the applicant Mary Ann Lanzon (ID 555155M), Joanna Decesare (ID 412357M), Paul Busuttil (ID 695058M), Roberta Pecci Busuttil (ID 809060M), Clarissa Pace (ID 521963M) and Joseph Busuttil (ID 90968M) respectfully pleaded:

1. That the applicants are the owners of the premises number 76, Triq il-Kbira, San Ġiljan and this as their father (Giuseppe Busuttil) had acquired the premises by public deed dated 29th January, 1962, in the records of Notary Doctor George Cassar (Doc. A);

2. And whereas the same Giuseppe Busuttil purchased the premises despite that it was leased to third parties due to the need to reside in the surroundings;

… omissis …

4. And whereas by a judgement of the 14th December, 1962, in the names Giuseppe Busuttil vs Paolo Zammit (95/62) the Court of Appeal had rejected the request for taking back and this due to the need of Anthony Cuschieri, Paolo Zammit's son (Doc. B);

5. And whereas following this judgement Paolo Zammit continued to reside in the premises and after he died, there continued to live therein Anthony Cuschieri, together with his wife Mary Cuschieri;

6. And whereas the son of Anthony and Mary Cuschieri and namely Paul Cuschieri had acquired a maisonette in Baħar iċ-Ċagħaq, on the 5th June, 1995, but subsequently after the year 1998 he separated from his wife and went to live with his parents;

… omissis …

9. And whereas as a consequence of Act X of the year 2009, the respondent is now paying a rent of €201.38 as appears from the schedule copy of which is hereby annexed (Doc. C);

10. And whereas this rent is completely derisory when one considers the premises;

11. And whereas the amendments which had been made in the special rent laws in order to alleviate the discrimination and injustices that the the special rent laws had created to the property owners, in no way help the interpellant as they do not effect the rent for the premises and furthermore give the right prima facie to Mary Cuschieri' s son to inherit the premises;

… omissis …

14. And whereas the period of the lease is only for one year, this same lease is renewed from year to year and the applicant has no right to refuse to renew this lease;

15. And whereas in this manner the applicants were and are being deprived of the enjoyment of their property without being given adequate compensation for the taking of possession of the premises.

… omissis …

Thus, the interpellants respectfully ask this Honourable Court, saving any reasonable and opportune declaration:

1. To declare that the fundamental rights of the applicants as sanctioned by Article 37 of the Constitution of Malta and the First Article of the the First Protocoll of the European Convention (the First Schedule of Cap. 319) for the reasons above exposed and those that shall result during the pleading of this application;

2. Consequently give all those remedies which it deems fit and opportune including taking back the possession of number 76, Triq il-Kbira, San Ġiljan, and adequate compensation for the occupation of the premises in violation of the applicant's rights.

With costs

The Application in the names Lanzon Mary Ann et vs Attorney General et, Application Number 26/19 JZM, has been deferred for hearing to the 11th July, 2019, at 9.00 a.m.

Notify:

Respondent: Mary Cuschieri, 76, Triq il-Kbira, St Julian's

Attorney General, The Palace, Valletta

ADV. FRANK PORTELL, LLD

For the Registrar, Civil Courts and Tribunals