Court Notices published in Govt. Gazette No. 20,268 of 20th September 2019

By decree given by the Civil Court, First Hall on the 16th September, 2019,  on the application of J. Zammit Limited (C 37945), Wednesday, 30th October, 2019, at noon (12.00 p.m.) has been fixed for the sale by auction to be held in garage number three (3), St James Court, Triq is-Sienja, Ħ'Attard of the following items seized from the property of Callaway Andrew John  (ID 146467A) and Callaway Claire (passport no. 210534668).

Vehicle of the type Peugeot 207 silver in colour with chassis number VF3WEKFVC3434597.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 16/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 16th September, 2019,  on the application of J. Zammit Limited (C 37945), Wednesday, 30th October, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at fifty-five (55) JJ Boat Yard, Ta' Għadmija, Mqabba of the following items seized from the property of Gouder Manuel (ID 558588M) and Gouder Adelaide (ID 299770M).

Vehicle of the type Volkswagen Golf silver in colour with registration number UTO 247.

N.B. The said vehicle will be sold as described in the acts of judicial sale number 14/2019.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 16th September 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 Organization and Civil Procedure.

Whereas by a decree dated the 16th September 2019 in the records of the schedule of deposit and redemption of ground rent number 245/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Gianni Calleja, pensioner, holder of Identity Card Number 16035G and his wife Rose Mary Calleja, holder of Identity Card Number 77541G versus deputy curator in order to represent the unknown owners of the directum dominium imposed on the following property hereunder in this schedule of deposit and redemption of ground rent mentioned, filed on the 16th September 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That by virtue of a contract in the records of Notary Francesco Refalo of 30th November, 1954, the applicant acquired the premises 108, Triq ta' Ċenċ, Ta' Sannat, with mandretta attached measuring approximately half a mondello, equivalent to 93.5 meters square which was described as subject to an annual and perpetual groundrent of four shillings and two pence today equivalent to forty nine cents (€ 0.49c);

That this property is shown on the plan and site plan annexed hereto and marked Document A;

That the applicants want to redeem this groundrent in terms of Article 1501 of the Civil Code, which, when capitalised, amounts to nine euros and eighty cents (€ 9.80c);

That the applicant also pay thirty (30) years arrears of the groundrent since they not only never paid this ground-rent but do not even know to whom this ground-rent is payable – and these are equivalent to fourteen euros and seventy euro cents (€14.70c);

Now therefore in order to exempt themselves from any responsibility the applicants are depositing under this Honorable Court's authority the total sum of €24.50 redemption of ground rent and arrears of groundrent as explained, which sum may be freely taken by the respondent after leaving the due receipt.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.

Diane Farrugia

For the Registrar, Gozo Courts and Tribunals

Notice Registry of the Civil Court, First Hall

Whereas Dr Philip Manduca noe (ID 339960M) filed an application under oath (No 870/2019/LSO) demanding correction in the Act of Birth No 1381/1958 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 in terms of article 495A of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

Application number: 31/2018 BS

Josephine Said (ID Nr 16631G) of 31, Assumption Street, Victoria, Gozo;

John Mary Said (ID Nr 34961G) of 12, "Great Lakes", Triq l-Għasfur tal-Bejt, Fgura, Malta, in his own name as well as on behalf of his siblings residing abroad: (a) Mary wife of Joseph Farrugia (Maltese Passport Nr 1194673) of 2570, Chisholm Avenue, Mississauga, Ontario, Canada; (b) Joseph Said (American Passport Nr 494 374 278) of 31002, Beechnut Street, Westland, Michigan, MI 48186-5092, United States of America; (c) Theresa Carmen wife of Farris Batayeh (American Passport Nr 50 999 77 84) of 6142, Eagle Trace Drive, Ypsilanti, Michigan, MI 48197, United States of America;

and for any interest he might have Charles Louis Said (ID 387093M) of 12, "Great Lakes", Triq l-Għasfur tal-Bejt, Fgura, Malta;

vs

Dr Carmelo Galea who by virtue of a decree dated the 6th of August, 2019, was nominated curator to represent the estate of Baskal Cachia

An Application of Josephine Said et

Humbly submit and John Mary Said, holder of identity card number 34961G confirms on oath, whilst declaring that he has first-hand information regarding the facts listed hereunder:

(1) That the property regarding which this application is being filed consists of two portions of land as follows, free and unencumbered, tale quale, with vacant possession and with all rights and appurtenances:

(a) the portion of land known as "Ta' Mġarr ix-Xini", in the limits of Xewkija, Gozo, measuring circa nine hundred and eighteen square metres (918 sq. m.), bounded on the east with a rural passageway, on the south with property of Mikiel Xuereb or his successors in title, on the north with property of Giuseppe Grech or his successors in title, as better indicated on the site plan hereto attached and marked as Document A;

(b) the portion of land known as "Ta' Wara s-Sur", in the limits of Victoria, Gozo, measuring circa five hundred and fifty-five square metres (555 sq. m.) bounded on the West, South and North with property of the heirs of Antonio Mercieca or his successors in title, as better indicated on the site plan hereto attached and marked as Document B;

(2) That these portions of land originally pertained to Gio Maria Vella alone as it results from the declaration of succession which was filed with the Commissioner of Inland Revenue. Gio Maria Vella was married to Teresa nee Buttigieg and the two had six children: Maria wife of Salvu Cachia, Carmela Vella, Cristina Vella, Rosina Vella, Carmelo Vella, and Joseph Vella.  Joseph Vella and Cristina Vella predeceased their parents. Teresa Vella died in 1916;

(3) Gio Maria Vella died on the twenty-eighth (28th) August, 1957 (Death Certificate marked as Document C). He regulated his succession by virtue of a will dated sixteenth (16th) May, 1956 published in the acts of Notary Dr John Busuttil (Document D). In this will, he nominated as his universal heirs his children Carmelo Vella, Maria wife of Salvu Cachia, Rosina Vella and Carmela wife of Manuel Grech, in equal portions between them, with the substitution of their descendants should they predecease him, and with the right of accretion as determined by the law in the case any of the heirs would predecease him and they would not have borne any descendants.  In the relative notice of devolution of property following the demise of a person dated eighteenth (18th) October, 1957 (Nr 275/57) (Document E), the two portions of land in question are described in paragraphs numbers six (6) and nine (9). Therefore, on Gio Maria Vella's death, the said portions of land devolved onto his four children, such that each child acquired one-fourth (1/4) undivided share each from the properties in question;

(4) That Maria and Salvu Cachia had four children: Josephine wife of Louis Said, Theresa wife of Sam Black, Baskal Cachia and Angiolina wife of Leonard Cridland. Maria Cachia died intestate on the twenty-ninth (29th) July, 1962 (Document F), as indicated in the relative notice of devolution of property following the demise of a person (nr 1294/63) (Document G), and her inheritance devolved onto her four descendants, such that each descendant acquired one-sixteenth (1/16) undivided share of the lands in question. The lands in question are described in paragraphs numbers three (3) and four (4) of the relative notice of devolution of property;

(5) That Rose sive Rosina Vella died on the sixteenth (16th) February, 1964.  A copy of her death certificate is attached and marked Document H.  The relative notice of devolution of property following her demise was drawn up on the twenty-sixth (26th) March, 1964 (reference nr 94/64) (Document I). Rose Vella died intestate, and therefore, in the absence of any descendants, the one-fourth (1/4) undivided share pertaining to her from her parents' inheritance devolved in accordance with the law onto her siblings Carmela wife of Manuel Grech and Carmelo Vella per capita, and on the descendants of Maria Cachia per stirpes;

(6) That, therefore, at this point, siblings Carmela Grech and Carmelo Vella each owned one third (1/3) undivided share of the properties known as "Ta' Wara s-Sur" and "Ta' Mġarr ix-Xini", whilst the descendants of Maria Cachia jointly held another one third (1/3) of the two portions of land in question, or rather, held one twelfth (1/12) undivided share of the same lands each;

(7) That Angiolina wife of Leonard Cridland, daughter of Maria Cachia, died intestate on the eleventh (11th) May, 1968, and her share, consisting of one twelfth (1/12) undivided share of the properties inherited from her mother and her aunt Rosina Vella, devolved onto her three descendants Gerald Philip, Christine Anne Binnion and Susan Lynne Garratt, siblings Cridland;

(8) That Carmela wife of Manuel Grech died on the fourth (4th) March, 1988 (Document J), and she regulated her succession by virtue of three wills: one dated twenty-ninth (29th) November, 1969, another dated fifth (5th) December, 1969 and the last one dated thirtieth (30th) January, 1975) (a copy of the final will hereto attached and marked Document K). The testamentary searches for public and secret wills of Carmela wife of Manuel Grech are hereto attached and marked Documents L, M and N.  In her last will and testament, Carmela Vella had declared that all property, movable and immovable, which had devolved unto her from the inheritance of her parents, the late Gio Maria Vella and Teresa Vella nee Buttigieg, as well as from the inheritance of her late sister Rosina Vella, were, upon her death, to devolve by title of pre-legacy in favour of Josephine Said, wife of Louis Said and daughter of her sister Maria Cachia, and the same Josephine Said was also nominated as her universal heir. In the list of immovable property annexed to the relative notice of devolution of property following Vella's demise dated seventeenth (17th) June, 1988 (Nr G 302/88) (Document O), it is declared that Carmela Grech owned five of twelve undivided shares (5/12) of the portions of land above-described. It is submitted that although in this notice of devolution of property reference is made to five-twelfths undivided share (5/12), in reality, Carmela Grech only had one third (1/3), or rather, four-twelfths (4/12). This after she had inherited her parents and her sister Rosina Vella.  Therefore, Josephine Said acquired causa mortis one-third (1/3) of the properties in question, such that together with the share which Josephine Said had already inherited from her mother Maria Cachia, she became the owner of five-twelfths (5/12) of these properties;

(9) That by virtue of a contract of cession dated first (1st) February, 1982, published in the Acts of Notary Dr Michael Refalo (Document P), Theresa wife of Sam Black ceded and transferred unto Louis Said, husband to her sister Josephine Said, all real and personal rights that she had over the inheritance of her mother Maria Cachia and her sister Rosina Vella, such that Louis Said, together with his wife Josephine Said, became the owners of one-twelfth (1/12) undivided share of the portions of land subject of this application;

(10) That Louis Said died on the third (3rd) September, 1988 (Document Q). He regulated his succession together with his wife Josephine Said by virtue of a will unica carta published in the Acts of Notary Antonio Galea dated sixth (6th) September 1972 (Document R), by virtue of which they nominated their four children their universal heirs. Therefore, on the death of Louis Said, John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh acquired jointly one half (1/2) of the one-twelfth (1/12) undivided share equivalent to one-twenty-fourth (1/24) of the land in question, or rather, each descendant of Louis Said acquired one-ninety-sixth (1/96) undivided share of the said land;

(11) That the last surviving descendant of Gio Maria Vella and Teresa nee Buttigieg, Carmelo Vella, died on the ninth (9th) December, 2005 (Document S), and from the testamentary searches carried out, it resulted that he had regulated his succession by virtue of a will dated twenty-ninth (29th) December, 1981, published in the acts of Notary Dr Michael Refalo (Document T), in which he nominated and instituted as his universal heir his niece Josephine Said. Therefore, Josephine Said acquired one-third (1/3) undivided share of the portion of land known as "Ta' Mgarr ix-Xini", and one-third (1/3) undivided share of the portion of land known as "Ta' Wara s-Sur", as a result of which she became the owner of nineteen of twenty-four (19/24) undivided share of each portion of land.  The share which devolved unto Josephine Said was declared in the declaration causa mortis published in the acts of Notary Maria Grima on the twenty-fourth (24th) May, 2006 (Document U). The testamentary searches of public and secret wills of Carmelo Vella are attached to the same declaration causa mortis;

i. Applicant Josephine Said owns twenty-one of twenty-four (21/24) undivided shares;

ii. Applicants John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh are each owners of one of ninety-six (1/96) undivided share, therefore one of twenty-four (1/24) undivided share of the properties described;

iii. That the heirs of Baskal Cachia jointly hold the remaining one-twelfth (1/12) undivided share;

For clarification purposes, a family-tree is hereto being attached and marked as Document Z;

(15) That applicants Josephine Said, John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh, who jointly hold eleven twelfths (11/12) undivided share, wish to sell the portions of land above-described to applicant Charles Louis Said.  In fact, on the twenty-fourth (24th) June, 2017, they entered into a promise of sale agreement with the same Charles Louis Said for the transfer of both properties (Document W). This promise of sale agreement was registered with the Commissioner for Inland Revenue, as may be confirmed by the letter hereto attached and marked "Document X".  In plaintiffs' humble opinion, the conditions of this sale are just and the selling price was established after having obtained a valuation of the same portions of land from Architect Edward Scerri (Document Y);

(a) The two portions of land in question have been jointly held since the twentieth (20th) century, and therefore for more than three years;

(b) To date, no one has ever instituted a case before this Court regarding the division of this property;

(c) The co-owners cannot agree on the sale and transfer of the property;

(d) Applicants Josephine Said, John Mary Said, Mary wife of Joseph Farrugia, Joseph Said and Theresa Carmen wife of Farris Batayeh have the majority of the shares in the properties in question.  In fact, applicants hold eleven-twelfths (11/12) undivided share, whilst respondents jointly hold only one-twelfth (1/12) undivided share;

(e) Respondents will not be gravely prejudiced, in any manner; rather applicants believe that respondents will not be prejudiced in any way, should this sale be affected;

(f) The proposed selling price and conditions of transfer as resulting from the promise of sale agreement hereto attached are just and equitable;

Therefore, applicants humbly request this Honourable Court:

(1) To order the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Ch. 16;

(2) To serve this application unto a curator to represent the estate of Baskal Cachia in terms of the same article above-mentioned;

(3) To declare that the selling price and the proposed conditions for the sale of the portion of land known as "Ta' Mgarr ix-Xini" in the limits of Xewkija, Gozo, as well as of the portion of land known as "Ta' Wara s-Sur" in the limits of Victoria, Gozo as described above are just and equitable, and that the same price and conditions are to apply for the sale of the one-twelfth (1/12) undivided share of the said portions of land, and that therefore there is no need for the properties to be valued by an architect and civil engineer;

(4) Finally to approve the proposed sale and order the publication of the deed of sale, even with respect to the undivided share pertaining to the respondents, on a day, at a time and place to be determined by this Honourable Court;

(5) To appoint curators to represent potential absentees on this deed;

(6) With all judicial expenses of this procedure to be borne by respondents.

The application is appointed for hearing for Thursday, 28th November, 2019, at noon.

MAUREEN XUEREB

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 21st August 2019, in the records of the Application in the names Falzon Mary vs Falzon George, Application Number 788/2019/1 MCH (Mr Justice Mark Chetcuti), the following publication was ordered for the purpose of service of the respondent George Falzon, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Notice of Hearing of a cause, issued by the Registry Superior Courts on Monday, 12th August, 2019, the Application in the names Falzon Mary vs Falzon George, Application Number 788/2019/1 MCH (Mr Justice Mark Chetcuti) was appointed for hearing to Wednesday, 21st August, 2019, and deferred to the 25th September, 2019, at 9.00 a.m.

Notify respondent: 26, Geomar, Triq is-Sewwieqa, Ħamrun

ADV. FRANK PORTELLI, LLD

For the Registrar, Superior Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 10th September, 2019, in the records of the Warrant of Prohibitory Injunction in the names Bank of Valletta p.l.c. vs John Formosa et, Warrant Number 804/19 GM, the following publication was ordered for the purpose of service of the respondents John Formosa and Monique Formosa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court, in the names (Applicant) Bank of Valletta p.l.c. (C 2833) vs (Respondent) John Formosa, Director, son of Francix Xavier and Carmelina née Vinci, born in Floriana and residing St Julian's (ID 707555M) and Monique Formosa (ID 222362M) wife of John, housewife, daughter of Joseph Pellegrini Petit and Fabriella née Randon, born and residing in Tas-Sliema, on the 18th June, 2019, the applicant Bank of Valletta p.l.c. (C 2833) respectfully pleaded:

That the interpellants in order to safeguard the credit hereunder mentioned against the respondent humbly pray this Honourable Court to order the issuing of a Warrant of Prohibitory Injunction against the respondent so that he be witheld from selling, alienating, transferring or disposing both inter vivos or by onerous or gratuitous title any property and in particular:

i) The 13,100 ordinary shares held by Monique Formosa in Attard & Co Limited (C 10131)

ii) all the shares, stocks or bonds registered with the Malta Stock Exchange, in the name of John Formosa and/or Monique Formosa and

iii) all the shares, stocks or bonds registered with the Register of Companies in the name of John Formosa and/or Monique Formosa and this because:

1. That by the terms and conditions mentioned in the contract in the records of Notary Doctor Pierre Cassar, of the 10 th August, 2007, as well as by means of four private writings indicated in this Warrant, the defendants John and Monique spouses Formosa, guaranteed together and in solidum with Network Publications Limited, in favour of Bank of Valletta p.l.c., the debts of the same Network Publications Limited, with the Bank of Valletta p.l.c.

2. That the plaintiff company is a creditor of the respondent company Network Publications Limited, in the sum of one hundred seventy-four thousand one hundred and nine euro and fourteen cents (€174.109.14) balance in the Overdraft Account of Network Publications Limited, with the Bank of Valletta p.l.c. together with further interest from the 1st May, 2019, till the date of effective payment.

3. That by the terms and conditions mentioned in the contract made in the records of Notary Doctor Pierre Cassar, of the 10th August, 2007, as well as by means of four private writings, mentioned in the Warrant, the defendants John and Monique spouses Formosa guaranteed together and in solidum with Network Publications Limited, in favour of the Bank of Valletta p.l.c. the debts of the same Network Publications Limited, with the Bank of Valletta p.l.c.

… omissis …

Thus, the interpellant humbly prays that this Honourable Court orders the issuing of a Warrant of Prohibitory Injunction in question against the respondent.

Credit: The sum of one hundred seventy-four thousand one hundred and nine euro and fourteen cents (€174,109.14) together with interest till the date of effective payment.

Title: Balance of debt in the Overdraft Account of Network Publications Limited, with the Bank of Valletta p.l.c.

Sgd. Advocate Dott. Dominic A. Cassar

Confirmed before me by oath after I read its contents and in the presence of PL V. Magro

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recur the elements required by law for the undermentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court First all with the witness of Hon. Mr Justice Grazio Merciea LLD, Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names Bank of Valletta p.l.c. vs John Formosa et, Aplication Number 804/19 GM, has been deferred for hearing to the 17th October, 2019, at 10.30 a.m.

Applicant:

Bank of Valletta p.l.c., 1/5, Misraħ San Ġorġ, Valletta

Respondent:

John Formosa,102, Triq il-Kbira, San St Julian's

Monique Formosa, 66, Fl. 2, Triq Tigne, Tas-Sliema

Execution:

Service:

Director Public Registry, Valletta

Director Land Registry, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 30th August, 2019, following an Application by Urgency of Marco Micallef et (ID 703958M) in the records of the General Application in the names Marco Micallef et vs Lineker Micallef, Application Number 228/2019 AGV, the following publication was ordered for the purpose of service of the respondents Lineker Micallef and Ellie Briffa, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a General Application, filed in the Civil Court (Family Section) in the names Marco Micallef and Emanuela sive Mavis Micallef vs Lineker Micallef and Ellie Briffa, on the 21st May, 2019, the applicant Marco Micallef (ID 703958M) respectfully pleaded:

That they are the parents of Lineker Micallef who is presently serving a period of imprisonment in the Correction Facility at Kordin. That the mother and namely the respondent Ellie Briffa was so far as the applicants know udergoing a programme against drug abuse;

That the respondents have a child named … omissis … who is one year and seven months old;

That the applicants wish and want that due to the difficulty that the respondents are passing through the paternal grandparents take care of the child till the respondents get out of the turbulent period they are passing through;

That the applicants understand that it will be opportune that this application be put for hearing before there is a decree so that the Court be free and convinced that the applicants can afford affidability and a safe environment for the upbringing of the minor.

Thus saving any decision in the best interest of the minors the applicants are praying that they be entrusted with the care and custody of … omissis …

Applicant:

84, Triq in-Naxxar, Birkirkara

Respondents:

Father: Corradino Corrective Facility

Mother: 61, Rome, Flat 3, Triq Sant'Antnin, Buġibba

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 24th July, 2019, on the application of Azzopardi Joseph et pro et noe and on the request of Dr Peter Fenech noe, Thursday, 29th October, 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 number 78 near the Archieves, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The tenements numbered 220 and 221 in Triq San Pawl, San Pawl il-Baħar valued together at two hundred thousand euro (€200,000).

The tenement numbered 220 was previously used as a shop today garage with a room and courtyard at the back as extensions of the said garage partial underlying of the first floor of tenement numbered 221 original were combined.

The tenement numbered 221 on two floors with the first floor adjacent the garage numbered 220 and part of the first floor overlying the said garage.

The said tenements are the property of Dr Raymond Zammit et noe.

N.B. The said tenement will be sold as described in the acts of judicial sales number 104/1998.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals