Court Notices published in Govt. Gazette No. 20,273 of 1 October 2019

By means of a decree given, by the Civil Court First Hall on the 3rd July 2019, in the records of the Sworn Application, in the names Bank of Valletta plc vs Network Publications Limited et, Application Number 595/19 FDP, the following publication was ordered for the purpose of service of the respondents Network Publications Ltd, 2) John Formosa and Monique Formosa, 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 Bank of Valletta plc (C 2833) vs 1) Network Publications Limited (C 21054) and 2) John and Monique spouses Formosa (ID 707555M) and (ID 222362M) on the 18th June, 2019, the applicant company Bank of Valletta plc asked this Honourable Court,

1.  To condemn the defendants to pay together and ‘in solidum’ between them to the applicant company the sum of one hundred seventy four thousand one hundred and nine euro and fourteen cents (€174,109.14) balance of debt in the Overdraft Account of Network Publications Limited, with the Bank of Valletta plc together with further interest from the 1st May, 2019, till the date of effective payment.

With costs, as demanded in the applicatioin against the defendants summoned so that a reference to their evidence be made.

The Application in the names Bank of Valletta plc vs Network Publications Ltd, Application number 595/19 FDP, has been deferred for hearing to the 14th October, 2019, at 9.30 a.m.

1. Network Publications Limited, Level 2, ‘Angelica Court’, Triq Giuseppe Calì, Ta’ Xbiex

2. John Formosa, 102, Triq il-Kbira, San Ġiljan

3. Monique Formosa, 66, Flat 2, Triq Tignè, Tas-Sliema 

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 20th August, 2019, in the records of the Sworn Application , in the names Vella Aldo et vs Quadrant Limited (C 31690) (previously Gaglione Holdings Limited) et, Application Number 543/19 GM, the following publication was ordered for the purpose of service of the respondents Quadrant Limited (C 31690) (previously Gaglione Holdings Limited)and Woodlands Investments Limited (C 54434) 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 Aldo Vella (ID 592140M) and Sandra Vella (ID 831049M) vs Quadrant Limited (C 31690) (previously Gaglione Holdings Limited) and Woodland Investments Limited (C 54434) on the 3rd June, 2019, the applicants asked this Honourable Court,

1. To declare that the works carried out by the companies indicated or third parties indicated by the companies in the property of the applicants were not according to the art or trade with the result that there occurred and there is the percolation and entry of water in the applicant’s property and even in the underlying property of third parties and uphold the other demands in the application, amongst which the liquidation of damages suffered by the applicants and the payment of the same.

With costs and legal interest till the date of effective payment against the respondent companies from now summoned so that a reference to their evidence be made.

The Sworn Application in the names Vella Aldo et vs Quadrant Limited (C 31690) (previously Gaglione Holdings Limited) et, Application number 543/19 GM, has been apointed for hearing on Thursday, 10th October, 2019, at 9.30 a.m.

Applicant: Sandals 36/12, Triq it-Torri Lanzon, San Ġwann

Respondents: 1. Quadrant Limited, 3/5, Meridjan Apartments, Mensija Street, St Julian’s

       2. Woodlands Investments Limited, Boomerang, Triq ir-Ratal, Swieqi

ADV. FRANK PORTELLI, LLD

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 11th 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 11th September, 2019, in the records of the schedule of deposit and of concurrent ground rent number 237/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Mary Xuereb, a housewife, holder of identity card number 055157G versus a deputy curator in order to represent the unknown person or persons who are entitled to receive the ground rent of the hereinafter mentioned tenement hereunder in this schedule of deposit and concurrent ground rent mentioned, filed on the 11th September, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. She respectfully premised:

That exponent Mary Xuereb is the owner of tenement number sixty one (61), By the Bastion Road, Victoria, Gozo, with annexed remissa and back garden, the whole having a total superficial area of 560sq.m., and is accessible from an unnumbered and unnamed alley that abuts on By the Bastion Road, the whole is bounded on the East by the alley, West and South by the property of Peter Paul and Maria Assunta spouses Vella, subject to one shilling and three pence annual and perpetual ground rent equivalent to six cents and three mils (Lm0.06,3) decimal money, and today equivalent to fifteen euro cents (€0.15). 

That this tenement was inherited by Mary Xuereb from the succession of her mother Dolores Vella who died on 1st March, 2013, who had regulated her succession by virtue of a secret will dated 2nd April, 2009, which had been declared open and duly published by Notary Sylvianne Xerri Zahra on the 26th September, 2013, and who had in turn inherited the property from her parents Michael Portelli and Giorgia neè Vella who had bequeathed the property to her by virtue of their will unica charta in the records of Notary Michael Refalo of the 11th March, 1982. Michael Portelli had originally acquired the tenement in part by virtue of a deed of Partition in the records of Notary Giuseppe Grech of the 6th April, 1969, and in part by a deed of Sale in the records of Notary Giuseppe Grech of the 22nd May, 1962.

That exponent Mary Xuereb wishes to avail herself of the right to redeem the ground rent in terms of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta, and thus liberate the property from any burthens and encumbrances.

That the sum of seventy-five euro cents (€0.75) is due being the payment of ground rent for the last five (5) years.

That the sum of fifteen-euro cents (€0.15) capitalised at the rate of five per centum (5%) amounts to three euros (€3).

Wherefore, the said Mary Xuereb applies to this Honourable Court and deposits under its authority for all intents and purposes of law the sum of three euro and seventy five cents (€3.75), which sum deposited represents the redemption of the ground rent and the payment of arrears as stated above, and which sum can be released to the person or persons who is/are entitled to receive such payment after leaving due receipt according to law.

For the purposes of the Duty on Documents and Transfers Act of 1993 the ad valorem duty on this redemption amounts to five euro (€5.00).

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 Paul Coppini, LLD, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals.

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 11th 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 17th September, 2019, in the records of the schedule of deposit and of concurrent ground rent number 246/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Maria Giovanna Spiteri (ID 63030G), pensioner; Maryanne Mercieca (ID 33034G), pensioner; Margaret Bonnici (ID 43336G), pensioner, Louis Vella (ID 46264G), employee; Saviour Vella (ID 472872M), employee; the said Louis Vella appears also on behalf of Michael Cassar (ID 72141G), pensioner; Josephine Cauchi (ID 52127G), pensioner; Sylvia Vicki Stevens (driver licence number 6240ZA) employee and David Cassar (driver licence number 6334EM), employee versus a deputy curator in order to represent the unknown person or persons who are entitled to receive the ground rent of the hereinafter mentioned tenement hereunder in this schedule of deposit and concurrent 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 exponents Maria Giovanna Spiteri et are together and in solidum the owners of a plot of land known as ‘Tal-Qsajjem’ in ‘Il-Wied tax-Xlendi’ limits of Munxar formerly limits of Ta’ Sannat, Gozo, having a total superficial area of 5,174sq.m., which land consists of two adjoining plots part of which is barren land, and the whole is bounded on the South property of Francesco Debrincat, West by property of Gio Maria Buttigieg, and East by property Antonio Saliba, or their successors in title, the whole as better shown marked in red on the annexed plan and site plan marked ‘A’, subject to the annual and perpetual ground rent of six shillings and eleven pence equivalent to eighty one euro cents (€0.81).

That this land was bought by Salvatore Cassar, father of exponents Maria Giovanna Spiteri, Maryanne Mercieca, Margaret Bonnici, Michael Cassar, and Josephine Cauchi, maternal grandfather of exponents Louis u Saviour siblings Vella, and paternal grandfather of Sylvia Vicki Stevens u David siblings Cassar, by a deed in the records of Notary Francesco Refalo of the 24th September, 1922.

That exponents Maria Giovanna et wish to avail themselves of the right to redeem the ground rent in terms of Article 1501 of the Civil Code, Cap. 16 of the Laws of Malta, and thus liberate the land from any burthens and encumbrances.

That the sum of four euro and five cents (€4.05) is due being the payment of ground rent for the last five (5) years.

That the sum of eighty-one euro cents (€0.81) capitalised at the rate of five per centum (5%) according to law amounts to €16.20.

Wherefore, the said Maria Giovanna Spiteri et apply to this Honourable Court and hereby deposit under its authority for all intents and purposes of law the sum of twenty euros and twenty five cents (€20.25), which sum deposited represents as to €16.20 the redemption of the ground rent and as to the sum of €4.05, the payment of ground rent for the last five (5) years and which sum can be released to the person or persons who is/are entitled to receive such payment after leaving due receipt according to law.

For the purposes of the Duty on Documents and Transfers Act of 1993 the ad valorem duty on this redemption amounts to five euro (€5.00).

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 Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given, by the First Hall Civil Court, on the 2nd May, 2010, in the records of the Sworn Application, in the names Borg Carmen vs Allin One Turnkey Services Limited (C 74480), the following publication was ordered for the purpose of service of the defendant company Allin One Turnkey Services Limited (C 74480) 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 Carmen Borg (ID 455969M) vs Allin One Turnkey Services Limited (C 74480) on the 4th April 2019, the applicant Carmen Borg respectfully pleaded:

That in the present cause the interpellant is demanding a refund of anticipated payment and relative damages in connection with works that the respondent company had bound itself to execute in the premises of the interpellant, but subsequently failed to do.

That such works had to be made in the premises of the interpellant in a block known as Remissa Mansions;

That the interpellant and her siblings appointed the respondent to carry out works in all the block or rather the respective apartments of the parties and in the common parts;

That together with this cause there were presented other lawsuits by the interpellant’s siblings against the same respondent company in the following names:

i. ‘Pace Manwel John et vs Allin One Turnkey Services Limited’ Sworn Application number 95/2019 GM,

ii. ‘Borg Joseph et vs Allin One Turnkey Services Limited’ Sworn Application number 95/2019 MH,

iii. ‘Camilleri Raymond et vs Allin One Turnkey Services Limited’ Sworn Application number 93/2019 SM.

Thus, the interpellants respectfully pray that this Honourable Court bring forward the lawsuits above mentioned , in order to be heard with the cause in the names premised.

The Sworn Application in the names Borg Carmen vs Allin One Turnkey Services Limited, Application number 92/2019 AF, has been deferred for hearing to the 10th October, 2019, at 9.30 a.m.

Applicant: 49, Triq iż-Żebbuġ, San Ġiljan

Notify: Allin One Turnkey Services Limited (C 74480), M4, Lourdes Lane, Triq Gian Nikola, San Ġwann

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 12th September, 2019, in the Records of the Warrant of Seizure in the names Calleja Dr Etienne A noe vs Peppercorn Limited pro et noe, Warrant Number 161/2019 JRM, the following publication was ordered for the purpose of service of the parties Jeffrey Farrugia and Peppercorn Limited (C -76356) in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application,filed, in the Civil Court (Family Section) in the names (Applicant) Adv. Etienne A. Calleja as special mandatary of the absent Alice Fribertova Mellhard and the minor … omissis … vs (Respondent) Peppercorn Limited (C 76356) and Jeffrey Farrugia (ID 354869M) in his capacity as Director and shareholder of the company Peppercorn Limited (C 76356) on the 14th August, 2019, the applicant Adv. Etienne A. Calleja noe (ID 470667M) respectfully pleaded:

That the applicant nomine wants to safeguard the credit hereunder mentioned amount of maintenance due to the minor … omissis … (see Court judgement of the Civil Court Family Section Doc. A) against the respondent Jeffrey Farrugia, humbly prays this Honourable Court to order the issuing of warrant of prohibitory injunction against the respondents in order that they be witheld from selling, alienating, transferring or disposing inter vivos both by onerous or gratuitous title property movable and immovable and in particular shares, titles (stocks) share capital, bonds, obligations, bills of exchange, promissory notes, cheques, bank cheques, licenses and /or commercial permits, namely but not exclusively the goodwill, credits, permits, leases and any dividend, resulting from the commercial acitivity of Keops Lounge, Valletta Waterfront, Floriana, run by the same respondents or either of whom.

Thus, the applicant nomine humbly pray this Honourable Court to order the issuing of a Warrant of Prohibitor Injunction against the respondent.

Credit: Eighty thousand euro (€80,000)

Title: Precautionary 

Confirmed before me under oath after I read its contents and in the presence of as witness of identity and in the presence of PL JP Busuttil with one Doc.

Warrant of Prohibitory Injunction (where the demand exceeds €11,646.86)

Republic of Malta

To the Court Marshall 

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 (Family Section) by the Hon. Mr Justice Joseph R. Micallef, LLD, Doctor of Laws.

The Application Warrant in the names Calleja Dr Etienne A et vs Peppercorn Limited pro et noe, Application number 161/19 JRM, has been deferred for hearing to Thursday, 10th October, 2019, at 10.00 a.m.

Applicant: Adv. Etienne A. Calleja noe, 220, Leli Falzon Street, Naxxar.

Respondents: Jeffrey Farrugia, Ent. B, Fl 7, Triq il-Għajn, Valletta

Respondents: Peppercorn Limited (C 76356) Keops Lounge, Valletta Waterfront, Floriana

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree of 10th July, 2019, given 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 a note filed in the Civil Court, First Hall on 21st March, 2019, by Pia Camilleri (ID 137539M), Mary Gauci (ID 391859M), John Camilleri (ID 380161M), Joseph Camilleri (ID 502662M) George Camilleri (ID 374865M), Rita Xerri (ID 337570M) u Julie Xerri (ID 192474M) all heirs of the deceased Emanuel Camilleri (ID 562027M) is asking to enter as another execution creditor in the judicial sale number 6/2019 in the names Gaba Diamonds Company Limited with the registration number C 2619 vs Rosario Carabott et, in terms of Article 346 of the Code of Organisation and Civil Procedure Cap. 12 of the Laws and that since they are creditors of Rosario Carabott (ID 678946M), Maria Carabott (ID 651949M) and Louis Leisure Complex Limited with the registration number C 11911 in the sum of five hundred and thirty two thousand and eight euro and twenty six cents (€530,080.26) together with interest and other expenses other interest till the effective payment day.

MARVIC FARRUGIA

Għar-Reġistratur, Qrati Ċivili u Tribunali

By means of a decree given, by the Civil Court First Hall, on the 13th May, 2019, in the records of the Sworn Application , in the names Vella Violet sive Marija Violetta et vs Clayton William Oliver et, Application number 327/19 AF, the following publication was ordered for the purpose of service of the respondents Wiliam Oliver Clayton (English passport number 517794064) and Virginia Alexandra Pappadakis (English passport number 550258207), 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 Violet sive Marija Violetta Vella (KI 253719M); Josephine Scerri (ID 355151M); Marie Louise sive Marisa Callus (ID 603359M); Albert Scerri (ID 304046M) as mandatary and on behalf of Paul Mifsud (UK passport number 0117611L); Nichoas Mifsud (UK passport number 542305757); Matthew Mifsud (UK passport number 204317039); Elizabeth Pilkington (UK passport number 521410731); Anthony sive Tony Foster (UK passport number 5376684406); Peter Foster (UK passport number 547856803); Angelica Mountain previously Foster (UK passport number 45457678), all absent from these Islands and represented here by the same Albert Scerri, Mary sive Marija Stella Falzon née Mifsud (ID 537821M) vs William Oliver Clayton (English passport number 517794064) and Virginia Alexandra Pappadakis (English passport number 550258207), on the 29th March, 2019, the applicant Violet sive Marija Violetta Vella (ID 253719M) and the above mentioned applicants respectfully pleaded:

1. That the applicants entered into a preliminary agreeent with the respondents for the sale to the same respondents of their property 214, Triq Sant’Ursola, Valletta, and this towards the price and all the conditions agreed in the same preliminary agreement;

… omissis …

3. That in the same preliminary agreement the buyers herein respondents left with the Notary the sum of (€64,000) as deposit on account of the price of sale;

… omissis …

Thus, the applicants respectfully pray that this Honourable Court so that saving any necessary and opportune declarato n and for the reasons mentioned in the application:

1. It declares that the respondents failed to come forward to the purchase of the property above mentioned;

2. it declares that the deposit made by them with the Notary in the amount of €64,000 was forfeited in favour of the applicants as the respondents failed to appear on the final deed without any valid reason.

With costs and interest as demanded in the application against the respondents and saving any further action against the respondents for damages and compensation in another way, the respondents are summoned so that a reference to their evidence be made.

The Sworn Application in the names Vella Violet sive Marija Viletta et vs Clayton William Oliver et, Application number 327/19 AF, has been deferred for hearing to the 22nd October, 2019, at 9.30 a.m.

Notifika: 1.William Oliver Clayton, 75, St Ursula Street, Valletta

 2.Virginia Alexandra Pappadakis, 75, St Ursula Street, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 17th October, 2018, of the Rent Regulation Board, in the records of the Application in the names Anthony Zammit et vs Tiara Company Limited, Application number 115/2018MV, the following publication was ordered for the purpose of effecting service on the respondent company Tiara Company Limited in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an Application number 115/2018MV in the names Anthony Zammit (ID 970347M), Mary Louise Zammit (ID 686251M), Carmen Muscat (Maltese Passport number 1152381), Noel Galea (ID 503068M), Carmel Galea (ID 107067M), Joseph known as Gioele Galea (ID 492765M) and Vincenza Zammit (ID 0068339M) vs Tiara Company Limited (C 11569), filed before the Rent Regulation Board on the 14th August, 2018, the applicants Anthony Zammit, Mary Louise Zammit, Carmen Muscat, Noel Galea, Carmel Galea, Joseph known as Gioele Galea and Vincenza Zammit requested with respect:

The applicants except Vincenza Zammit are the co-owners of the premises that is the shop that is found on the groundfloor level built under a block of apartments, without name and without numbeer, that is found in Dock Street corner with Msida Seafront, Msida. The applicant Vincenza Zammit is the usufructuary of the same premises;

That by means of a private writing dated 29th October, 1970, the predecessors in title of the applicants gave by title of lease to Frank Buhagiar the premises above mentioned and this for the rent and this subject to all the terms and conditions contained in the same private writing;

That in terms of the same private writing the tenant was given the right to sublet the premises above mentioned in full or in part, but in this case the owner will have the right to claim 25% of the premium of the sub-letting and the rent is to be increased by Lm300 per year;

That by means of a private writing of the 24th April, 1990, the successors of Frank Buhagiar sublet the premises above mentioned to the respondent company Tiara Company Limited and subsequently the predecessors in title where given 25% of the premium of the sub-letting and the rent increased as set out in the private writing dated 29th October, 1970. The respondent company Tiara Company Limited carried out on its business from the said premises;

That recently the applicant realised that renovation works were began in the said premises and now these works are finished, and it is being run as a shop with the name Deli Greek by third parties;

That applicants proceeded before this Honourable Board because they thought that the subletting and assignment of the rent of their property with the most abbusive and illegal way and this by means of an application number 170/2017JD in the names Anthony Zammit et vs Roderick Buhagiar et by means of which the applicants requested the reversion to them of the premises above mentioned;

During the hearing of these procedures it resulted that the respondent company Tiara Company Limited granted the said premises by means of subletting to third parties and that is to a certain Symeon Kotsou and Antonis Balakis for a period of twelve years and this in the most abusive and illegal way and even fraudulent in a fraudulent manner as the same Symeon Kossou and Antonis Balakis are admitting in the judicial proceedings above mentioned and as it will fully result during this case;

The applicants are suffering substantial damages because of the actions of the respondent company Tiara Company Limited and the respondent company Tiara Company Limited made, is making and will continue to make illicit income at the applicants’ expense on their property;

The applicants had to make this application;

Thus for these reasons the applicants humbly request this Honourable Board to:

 (i) declare and decide that with its actions the respondent comany Tiara Company Limited, it caused and is causing damages to the applicants;

 (ii) liquidates the damages caused by the respondent company Tiara Company Limited to the applicants; and 

(iii) condemns the respondent company Tiara Company Limited to pay the applicants the liquidated damages in terms of the previous requests. 

With costs including those of the garnishee order filed together with this application against the respondent company. With express reservation to any further right of action which the applicants may have against the respondent company.

Applicants: Anthony Zammit et, 154, Il-Bejta, Old Railway Road, Ħal Balzan

Respondent: Tiara Company Limited, Shivam, Triq ir-Russett, Kappara, San Ġwann

The Application in the names Anthony Zammit et vs Tiara Company Limited, Application number 115/2018MV, has been postponed for hearing for the 8th October, 2019, at 10.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Rent Regulation Board of the 6th June 2019, the publication of the following notice of hearing of a cause 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 respondent Steve Abela.

By means of a Notice of Hearing of a cause which was set down for hearing issued by the Registry of the Superior Courts the Application number 926/2015MV in the names Martin Zerafa vs Steve Abela was set down for hearing on the 11th October, 2019, at 11.30 a.m. before Magistrate Dr Monica Vella.

For the purpose of service:

Steve Abela, 62, Triq l-Imdina, Ħal Qormi

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 16th September, 2019, of the Rent Regulation Board, in the records of the Application in the names Areno Deguara vs Simon Hansford noe, Application number 127/2019MV, the following publication was ordered for the purpose of effecting service on the respondent Simon Hansford for and on behalf of Lets Move Letting Co. Ltd in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of a Sworn Application bearing number 127/19 in the names Areno Deguara vs Simon Hansford for and on belhalf of Lets Move Letting Co. Ltd, filed before the Rent Regulation Board on the 14th June, 2019, the applicant Areno Deguara (ID 501673M) request with respect and confirmed on oath:

The applicant leases to the respondent company Lets Move Letting Co. Ltd the office with number 48, Triq Ġorġ Borg Olivier, San Ġiljan for commercial use, for the time of ten (10) years that have started on the 15th December 2012 at the rent of €1,000 per month, besides the VAT payable every three months in advance, which had increased to €1,080 per month after five years, and with the other conditions that are found in the lease agreement dated 19th October, 2012 (copy attached Doc. A);

The respondent failed to pay the rent due for the period between the 15th March 2019 and the 15th June 2019 in the total amount of €6,480;

The respondent failed to pay for the service and consumption of the services in the premises, in breach of the lease agreement mentioned;

In addition, the respondent is not using the premises for the reason for which it was leased and this as it will be proven during the proceedings;

Although the applicant solicited the respondent to comply with his obligations, even by means of judicial letter of the 13th May, 2019, he remained in default.

Thus, for the said reasons and those that result during the hearing of the case, the applicant requests with respect that this Honourable Board:

(i) Declares and decides that the respondent nomine failed to pay the rent due by him for the premises leased 49, Triq Ġorġ Borg Olivier, San Ġiljan for the period from the 15th March, 2019, and from the 15th June, 2019;

(ii) Declares and decides that the respondent failed to pay the costs of the rent and consumption for the services of the same premises, in violation of his obligations in clause (5) of the lease agreement dated 19th October, 2012;

(iii) Declares and decides that the respondent is not using the premises for the reason for which it was leased;

(iv) Consequently releases the rent of this premises 49, Triq Ġorġ Borg Oliver, San Ġiljan in favour of the respondent nomine and fix a short and peremptory time so that the respondent nomine vacate from the said premises and return the keys of the empty premises in good condition to the applicant;

(v)  Liquidates the total amount due by the respondent to the applicant, including the rent arrears till the date of the release of the rent and the price of the services consumed in the premises leased in Saint Julians till the same date.

Reserving any other action by the applicant against the respondent nomine.

Applicant: Areno Deguara, 8, Triq San Girgor, Żejtun

Notification: Simon Hansford for and on behalf of Lets Move Letting Company Limited, 20, Cosmpolitan Block A, Flat 1, Triq L-Istamnar, San Pawl il-Baħar

The application in the names Areno Deguara vs Simon Hansford noe,, Application number 127/2019MV, has been postponed for hearing to the 15th October, 2019, at 11.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree given on the 29th January, 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 Organization and Civil Procedure (Cap. 12):By decree given by the Civil Court, First Hall on the 18th September, 2019, on the application of Barclays Bank plc (C 26167), Tuesday, 3rd December, 2019, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement numbered one (1), in Triq il-Karmnu, corner with Triq Ħal Far, Birżebbuġa’, bounded West with Triq il-Karmnu, North with Triq Ħal Far and East with an unnamed public alley, free and unencumbered from any ground rents and burdens, by contract in the acts of Notary Gerard Spiteri Maempel dated 28th June, 2003, valued at four hundred thousand and ten thousand euro (€410,000).

Apartments internally numbered five (5), six (6), seven (7) and eight (8), in a block named ‘Morning Mist Court’ in Triq Massimiljanu Kolbe, Il-Qawra, San Pawl il-Baħar, bounded on the South West by a new street in Triq San Timotju, on the North East by property of Rite Mix (Gatt Bros.) Limited or their successors in title and on the NorthWest by property of successors in title of Devlands Limited, as subject to their share of annual and perpetual ground rent of eighty three euro and twenty-one cent (€83.21). This block of apartments was built on two divided portions and adjoining building site forming part of a field in Qawra, known as ‘Ta’ Cassia’, as per contract in the acts of Notary Gerard Spiteri Maempel, dated 26th October, 2002, valued at nine hundred and sixty-five thousand euro (€965,000).

The said tenement is the property of Vella John Mary (ID 615558M), Vella Carmela sive Carmen (ID 65260M) and Drawbridge Limited (C 30328).

N.B. The said tenement will be sold as described in the acts of judicial sales number 34/2017.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 11th September, 2019 on the application of Vella Renato (ID 497581M) et, Tuesday, 12th November, 2019 at half past eleven in the morning (11:30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

Garage internally marked number five (5) forming part of a complex of five garages on street level, underlying the block known as ‘Gretel Court’, in Triq il-Klarissi in Saint Julians with a common entrance from the same street, which garage is bounded from the West by the said street, South and North by property of Henry Caruana or his successors in title, valued at twenty five thousand euro (€25,000)

The said tenement is the property of Mamo Lorranie (ID398164M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 31/2018.

GAETANA AQUILINA

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 12th September 2019, following a request of Anthony Cutajar et it was ordered that deputy curators be chosen to represent the unknown heirs of Francesco sive Paolo Bonnici, in the records of the Application 777/2019 FDP, in the names Anthony Cutajar vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application, filed in the First Hall Civil Court, in the names Anthony Cutajar, Concetta Sciberras, Rosaria Calleja and Josephine Vella vs deputy curators to represent the unknown heirs of Francesco sive Paolo Bonnici, on the 9th August 2019, the applicants Anthony Cutajar (ID 932949M), Concetta Sciberras (ID 252843M), Rosaria Calleja (ID 363538M) and Josephine Vella (ID 377044M) requested with respect:

1.  That the parties are all siblings and children of the late Angelo Cutajar and Paola née Camilleri whilst they are all heirs of their maternal aunt Carmela Sultana in equal shares between them;

2. That amongst the estate of Carmela Sultana there is a share of two thirds undivided share of the premises 27 in Triq il-Knisja, Nadur and this as better described further on in the application;

3. The remaining one third undivided share of the said estate belongs to the heirs of the late Francesco sive Paolo Bonnici who died in 1947 and the applicants do not know whom these heirs are;

4. Since the applicants wish the sell the said property, they are availing themselves from the provisions of Article 495A of Cap. 16 and are therefore submitting this matter to this Honourable Court;

5. The root of title of the said immovable property above mentioned is as follows:

(i) By means of a deed of donation dated 18th April 1891 in the records of Notary Honourable Giovanni Refalo, Giuseppe and Natalizia spouses Camilleri transferred by title of donation the premises number 10 in Triq il-Knisja, in Nadur to their daughter Angela Bonnici and this as shown in the attached deed marked as Doc. A;

(ii) The said Angela Bonnici had five children amongst whome one of them named Carmela Bonnici who predeceased her mother and died on the 12th February, 1927, unmarried, improle and intestate and this as shown from the certificates here attached and marked as Doc. B1 and B2;

(iii) That Angela Bonnici died on the 12th March, 1930, as results from the death certificate issued by the Nadur Parish, Gozo here attached and marked as Doc. C and left a will as shown in Doc. D;

(iv) By means of a will in the records of Notary Angelo Cauchi of the 11th October 1922 (Doc. E) Angela Bonnici left as her universal heirs her children Coronato, Graziella, Rosa, Carmela and Francesco sive Paolo. As a result of Carmela’s death, it follows that through the right of accretion between them the rest of the children inherited one fourth of the inheritance of their mother Angela Bonnici;

(v) On the other hand, Coronato Bonnici, died bachelor, improle and intestate and this as shown in Doc. F1 and F2 and so his siblings Graziella, Rosa and Francesco sive Paolo brothers and sisters Bonnici inherited him and at this point they all had one third undivided share each of the premises above mentioned;

(vi) That Francesco sive Paolo Bonnici who had one third of the premises regarding this case, died on the 9th July, 1947, as results from the attached certificate marked as Doc. G and had one will dated 7th May 1945 as results from the searches here attached and marked as Doc. H;

(vii) By means of such will dated 7th May, 1945, in the records of Notary Alberto Sigismondo D’Andria (Doc. I) Franscesco sive Paolo Bonnici stipulated as follows:

a.  That he revokes and annuls any will that he had ever made and wished that his succession will be regulated only according to this will;

b. From his first wife Carmela née Debono, who died around forty years before, he had one daughter that is Carmela wife of Antonio Spiteri;

c. From his second wife Giovanna née Debono who died around thirty years before, he had a son Giuseppe (who died without a will four years before the date of the will and left his wife and his three children: Francesco, Luigia wife of Gino Marletta and Paolina wife of Daniel Camilleri);

d. From his third wife Giulia née Agius he had twelve children and that is Dr Antonio Bonnici, Johnnie Bonnici, Leono Bonnici, Carmelo sive Charlie Bonnici, Guido Bonnici, Emanuele sive Ronnie Bonnici, Peter Paul Bonnici, Adelina Darmanin, Emilia Micallef, Doris sive Maria Dolores Bonnici, Beatrici Bonnici u Angiolina Bonnici;

e. That Francesco sive Paolo Bonnici by means of the same will nominated and sppointed as his universal heirs:

i. His wife Giulia Bonnici née Agius in the quota of one eighteenth undivided share;

ii. Carmela Spiteri (daughter of Carmela née Debono) in the quota of one eighteenth undivided share;

iii. Francesco Bonnici (son of Giovanna née Debono) in the quota of one eighteenth undivided share;

iv. Luigia Marletta (daughter of Giovanna née Debono) in the quota of one eighteenth undivided share;

v. Children of the late Giuseppe Bonnici in the quota of one eighteenth undivided share each one of them (that is Francesco, Luigia wife of Gino Marletta and Paolina wife of Daniel Camilleri);

vi. His son Dr Antonio Bonnici in the quota of one eighteenth undived share;

vii. His son Leono Bonnici in the quota of one eighteenth undivided share;

viii. His son Carmelo sive Charlie Bonnici in the quota of one eighteenth undivided share;

ix. His son Guido Bonnici in the quota of one eighteenth undivided share;

x. His son Emanuele Bonnici in the quota of one eighteenth undivided share;

xi. His son Peter Paul Bonnici in the quota of one eighteenth undivided share;

xii. His daughter Adelina Darmanin in the quota of one eighteenth undivided share;

xiii. His daughter Emilia Micallef in the quota of one eighteenth undivided share;

xiv. His daughter Doris sive Maria Dolores Bonnici in the quota of one eighteenth undivided share;

xv. His daughter Beatrice Bonnici in the quota of one eighteenth undivided share;

xvi. His daughter Angolina Bonnici f’sehem in the quota of one eighteenth undivided share;

xvii. And all this with the right of substitution in case of death of one of the heirs.

viii. That the applicants were never in contact with these individuals who presumably today are dead since the inheritance devolved approximately seventy years ago and the applicant does not know what happened with his share of the premises in question and have no contact witht them or their heirs;

ix. By means of will dated 30th October, 1971, Graziella Bonnici who now had one fourth (1/4) and one twelfth (1/12) and that is in all one third (1/3) of the premises de quo, she nominated her sister Rosa Bonnici as her heir;

x. That Rosa Bonnici, by means of a will of the 30th October, 1971, nominated her sister Grazia Bonnici as her universal heir as shown in the will attached and marked as Doc. J;

xi. Apart from this, Rosa Bonnici, had another will dated 2nd April192, by means of which her share of the premises de quo was given by legacy to Carmela Camilleri, as shown from the will here attached and marked as Doc. K;

xii. that Carmela Camilleri disposed of her estate by means of three wills. By means of a will dated 3rd October 1979 (Doc. L) she gave as legacy that which she received from Rosa Bonnici to a certain Wenzu Camilleri. However by means of a subsequent will, one dated 12th July 1983 (Doc. M) and the last one dated 2nd January, 1983 (Doc. N) Carmela Sultana left all her legacies received from Carmela Camilleri instead of Wenzu Camilleri.

xiii. That the said Carmela Sultana died on the 21st September, 2011, and this as shown in the death certificate her attached and marked as Doc. O and from the searches that were made in the Civil Court (Volontary Jurisdiction Section) and Public Registry (Doc. P and Q respectively) it results that she regulated her succession by means of three public wills;

xiv. By means of her last will and that is in the records of Notary Doctor Valerie Said dated 16th December, 2009, which is being attached and marked as Doc. R, the testatrix revoked and annulled any previous testamentary disposition which she had made before the said will and nominated and instituted her nephews and nieces Anthony Cutajar, Concetta Sciberras, Rosaria Calleja and Josephine Vella as her universal heirs in equal shares between them;

xv. By means of a declaration causa mortis made in the acts of Notary Doctor Valerie Said dated 15th March, 2012, here attached and marked as Doc. S, the applicants declared and requested that Carmela Sultana had, amongst others, the premises number 25/26 which is situated in a corner between Triq il-Knisja u Triq it-Tigrija, Nadur, Gozo, with a yard and with the overlying airspace, free and unencumbered with all its rights and appurentances and the one sixth (1/6) undivided share from the premises 27, previously number 10 in Triq il-Knisja, Nadur, Gozo, with it own overlying airspace, free and unencumbered with all its rights and appurentances;

xvi. By means of a deed of correction made in the acts of Notary Doctor Valerie Said dated 12th April, 2013, here attached and marked as Dok. T, the applicants declared that in reality, the decuius Carmela Sultana was the owner of two out of three (2/3) undivided shares from the premises number 27 previously number 10 in Triq il-Knisja, Nadur, Gozo, with its overlying airspace, free and unenecumbered and with all its rights and appurtenances;

xvii. Accordingly, in view of the will above mentioned the applicants are all together owners of two thirds (2/3) undivided share of the premises number 27, in Triq il-Knisja, Nadur, Gozo, with its own overlying airspace, free and unenecumbered and with all its rights and appurtenances.

6.  That for the avoidance of any doubt, the family tree is being attached to show how the inheritance of Angela Bonnici devolved (Doc. U).

7. The property in question has been held in common for more than three years from the death of Carmela Sultana and is held in accordance with the statement attached and marked as Doc. V;

8. From the statement it results that the applicants all together have the greatest amount of shares from all the co-owners of the premises 27 in Triq il-Knisja in Nadur. And also, as far as the applicants know, none of the owners had started any action before a tribunal for the division of the premises number 27, in Triq il-Knisja, in Nadur;

9. By means of a promise of sale before Notary John Gambin dated 5th November, 2018 (Doc. W) which was renwed through another promise of sale dated 2nd April, 2019 (Doc. X) the applicants obliged themselves to sell, assign and transfer the premises number 27, in Triq il-Knisja, Nadur, to Gordon Shephard (ID 38674M) towards the total amount of €55,000;

10. The applicants together with the acquirer Gordon Shephard arrived at this price after a valuation prepared by Architect Samuel Formosa dated 3rd January, 2019, here attached and marked as Doc. Y where a share out of six of the premises number 27, Triq il-Knisja, in Nadur was valued at €9,166 and so the total amount is €54,996. Since the value of €55,000 is certain, fair and reflects the market value of the property in the humble opinion of the applicants, and so the respondents will not be prejudiced by the sale;

11. In line with Article 495A of Cap. 16, the applicants are attaching together with this application a sworn declaration of Anthony Cutajar marked as Doc. Z.

For the reasons above mentioned the applicants were constrained to proceed with this action in terms of article 495A of Cap. 16 so that the sale of the premises number 27, Triq il-Knisja, Nadur, Gozo, can proceed.

Thus the applicants request with respect that this Honourable Court, subject to any necessary declarations and opportune orders:

1. Authorises the sale of the premises official number 27 in Triq il-Knisja, Nadur, Gozo, and this according to the provisions of the promise of sale dated 5th November, 2018, entered into as witnessed by Notary John Gambin and with the extensions that there were and which there may further be in terms of Art 495A of Cap. 16;

2. Establishes a time, day and place for the transfer to be entered into;

3. Nominates Notary John Gambin to publish the relative transfer deed;

4. Nominates as deputy curators, possibly the co-owners themselves , to represent all the unknown owners on the transfer deed to appear before the nominated notary for the publication of the transfer deed;

5. If the fourth request is not upheld, orders that deputy curators be nominated in the said case to appear and represent the unknown heirs of Francesco sive Paolo Bonnici for the publication of the transfer deed on the time, day and place as established in the second request;

6. Orders and authorises the applicants or the deputy curators appointed to deposit the sum representing the share of the property of the unknown heirs of Francesco sive Paolo Bonnici under the authority of this Honourable Court and this once the respective tax due and expenses of the rights and costs of the nominated deputy curators is paid.

With costs only as explained in the sixth request according to the respective shares of the parties.

Applicants: 23, Sydney, Triq Sant’Antnin, Fgura

Notification: Deputy Curators, Law Courts, Valletta

The Application number 777/2019FDP in the names Anthony Cutajar et vs Deputy Curators is postoned for hearing for the 15th October, 2019, at 9.30 a.m. before Judge Francesco Depasquale.

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 th 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. Mr Justice Joseph R. Micallef LLD, Doctor of Laws.

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 17th September, 2019, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Chanel SARL it was ordered that deputy curators be chosen to represent Shenzhen Grand Import and Export Co Ltd and Al Farouk Commerce International, in the records of the Sworn Application 694/2019 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Advocate Doctor Luigi A. Sansone LLB (Hons) LLD (ID 258269 M) as special mandatory of Chanel SARL, a foreign company organised under the Swiss laws with address of Quai du General-Guisan 24, CH-1204 Geneve, Switzerland vs Deputy Curators to represent 1) Shenzhen Grand Import and Export Co. Ltd foreign company with indication of address of Shenzhen, China, Room 713 Floor B YiYenanfang, Building, Luofang Rd, Luohu District, Shenzehen, China, and 2) Al Farouk Commerce International a foreign company with indication of address of Imm,Pacha Centre 75 Av Khaeireddine, Pacha Bloc C Ieme Etage Apt C6, Mont Plaisir 1073-Tunisie, on the 15th July, 2019, the applicant Advocate Doctor Luigi A Sansone LLB (Hons) LLD (ID 258269M) as special mandatory of Chanel SARL, a foreign company organised under the Swiss laws with address of Quai due General-Guisan 24, CH-1204, Geneve, Switzerland, asked this Honourable Court; 

1. to declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of perfumes products which have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company and duly registered in Malta as trademarks with numbers 7476 and 13955 regarding the same products besides those, on a number amongst these same products, identitcal trademarks for – or that cannot be distinguished in their essential aspects from those of the plaintiff comapny and registred in Malta as trademark with number 22967 regarding the same products, which objects are all presently held under the authority of the Director General (Customs) after he found that the container CMAU 7039251 which contained them contravene the rights of intellectual property of the plaintiff company as regards the registered trade marks.

2. declare that the same objects and namely a quantity of perfume products which have on them identical trademarks to or which cannot be distinguished in their essential aspects from those of the plaintiff company duly registered ain Malta as trademarks with numbers 7476 and 13955 regarding the same products and also on a number amongst those same products , to – or which cannot be distinguised in their essential aspects from those of the plaintiff company duly registered in Malta as trademark with number 22967 regarding the same products are falsified objects; 

3. order the Director General (Customs) to detstroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

4. take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction.

5. order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual distruction, to the attendence of the distruction and to the removal of the waste generated from the same distruction.

With costs, against the defendants summoned so that a reference to their evidence be made.

Applicant noe. Advocate Doctor Luigi A. Sansone, LLB (Hons) LLD (ID 258269M) as special mandatary of Chanel Sarl, foreign company organised under the Swiss laws with address Quai due General-Guisan 24, CH-1204 Geneve, Switzerland; 84-85, Triq Melita, Valletta VLT 1120.

Notify the Defendants: Deputy Curators to represent 1) Shenzhen Grand Import and Export Co. Ltd foreign company with indication of address of Shenzhen, China, Room 713 Floor B YiYenanfang, Building, Luofang Rd, Luohu District, Shenzehen, China; and 2) Al Farouk Commerce International a foreign company with indication of address of Imm,Pacha Centre 75 Av Khaeireddine, Pacha Bloc C Ieme Etage Apt C6, Mont Plaisir 1073-Tunisie; Courts of Justice, Valletta (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, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in th 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. Mr Justice Toni Abela, LLD, Doctor of Laws.

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 12th September, 2019, following a request of Advocate Doctor Peter Fenech noe it was ordered that deputy curators be chosen to represent the absent consegnetary Eurl l’Etoile Blanche Import Export, in the records of the Sworn Application 862/2019 MCH, in the names Advocate Dr Peter Fenech noe vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the Civil Court First Hall, in the names Advocate Doctor Peter Fenech as special special mandatary of the foreign company Asics Corporation of 1-1 Minatojima-Nakamachi 7-chome, Chuo-Ku, Kobe City – Hyogo Pref 650-8555, Japan vs Deputy Curators to represent the absent consegnetary Eurl L’Etoile Blanche Import Export from Algeria, on the 9th September, 2019, the applicant Advocate Doctor Peter Fenech as special mandatary of the foreign company Asics Corporation asked this Honourable Court and whilst the same Advocate Doctor Peter Fenech (ID 674668M) confirmed on oath and declares that he knows about the facts personally:

1. to declare that the objects consisting of 4,208 pairs of shoes all with the identical trademarks for – or that may be recognised from their essential aspect from those of the applicant company Asics Corporation duly registered as trademarks of the European Union (EUTM) with the Office of Intellectual Property of the European Union (EUIPO) that is: (a) the words ‘ASICS’ with registration number 5811294 dated 30th January, 2008 (Doc. A1 attached); (b) figurative mark with registration number 5628144 dated 15th January 2008 (Doc. A2 attached); (c) the figurative mark with registration number 5628111 dated 14th January, 2008 (Doc. A3 attached); (d) figurative mark with registration number 6383574 dated 3rd September, 2008 (Doc. A4 attached) and (e) figurative mark ASICS with registration number 5811328 dated 31st January 2008 (Doc. A5 attached)that are presently found under the authority of the Director General (Customs) after he suspended the release of the container with number CAIU 5849902 containing the said merchandise, which are counterfit and contravien the rights of intellectual property to the applicant company Asics Corporation, and this by means of the nomination of experts for this reason;

2. Orders the Director General (Customs) to dispose from the said merchandise outside the channels of commerce, in such a a manner as to preclude any damage to the applicant company and the public consumer or order the Director General (Customs) to destroy the said merchandise in any case without any compensation and at the expense of the respondents;

3. Order the respondents are to bear all the costs connected with the measures ordered in terms of the second (2) and third (3) demands of the applicants’ demands including those of transport of the said merchandise for storage in Malta, before their eventual destruction, of the storage itself for tallying and all the expenses due to the Comptroller of Customs from the beginning of the procedures as well as the transport from the place of storage till the eventual destruction including all the costs incurred for the final destruction of the said merchandise.

With costs, against the defendants summoned so that a reference to their evidence be made.

Applicant noe: 36, Triq l-Arcisqof, Valletta VLT 1447

Kuraturi Deputati – Il-Qorti, 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 th 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. Mr Justice Anthony Ellul, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd August 2019, Application number 1450/2019, by Paul Borg whereby he requested that it will be declared open in favour of the same Paul Borg, John Borg, Georgina Bonnici née Borg, and Elizabeth Mula née Borg in the quota of one fifth (1/5) undivided share each one of them and the remaining one fifth (1/5) undivided share in favour of Claudine Attard née Borg daughter of the late Charles Borg the latter brother of the decujus the Succession of their brother Anthony Borg, bachelor, son of the late Carmel Borg and Mary Borg née Azzopardi, born in Gżira, Malta, resided in Gżira, Malta, and died in Gżira, Malta, on the 22nd April, 2019, aged 67, and who held identity card number 0739851M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th May, 2019, Application number 895/2019, by Raymond Borg Grech whereby he requested that it will be declared open in his favour the Succession of his sister Victoria Borg Grech, umarried, daughter of the late Victor Borg Grech and Jane Borg Grech née Scalpello, born in Tas-Sliema, Malta, resided in Tas-Sliema, Malta, and died in Tal-Qroqq, Msida, Malta, on the 16th February 2019 aged 61 who held identity card number 0658557M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th August 2019, Application number 1401/2019n by Maria Grech whereby she requested that it will be declared open in her favour the Succession of her sister Anne Ganado, unmarried, daughter of the late Walter Ganado and Carmelina née Pace, born in Ħal Lija, Malta, resided in Ħal Għargħur, Malta, and died in Tal-Qroqq, Msida, Malta, on the 3rd May, 2019, aged 74, who held identity card number 0246145M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd August, 2019, Application number 1441/2019, by Mario Gatt whereby he requested that it will be declared open in his favour the Succession of his mother Mary Gatt, widow of Philip Gatt, daughter of Vincent Balzan and Beatrice née Camin, born in Valletta, Malta, resided in Naxxar, Malta, and died in Tal-Qroqq, Msida, Malta, on the 15th April, 2019, aged 79, who held identity card number 0685939M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 5th August, 2019, in the records of the judicial letter number 1685/19 in the names Alex Gregory vs Issalam Tawfik Issa, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Issalam Tawfik Issa in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Issalam Tawfik Issa (ID 20380A), 165, Buontempo Estate, Flat 3, Wied Ħal Balzan, Ħal Balzan

With the present Alex Gregory (ID 330650M) of Marosa, Triq Sir Ugo Mifsud, Ta’ Xbiex whilst makes reference to the lease agreement dated 27th February, 2019, concerning the unumbered garage situated at Alley No 1, also known as Sqaq Noqqana in Triq il-Għargħur, Birkirkara, brings to your attention that since you have failed to pay the rent due for several months, so much so that you have not been punctual in the payment of rent for a period exceeding fifteen days, you have consequently violeted your contractual obligations such that the lease has now been dissolved ipso jure by virtue of clause number seven (7) of the same agreement (copy hereby attached).

Consequently you are hereby solicited to immediately vacate the leased premises, to empty the same and to return the keys to the owner as soon as you have been notified with this judicial letter.

Furthermore you are being solicited to come forward to pay the damages at a rate of €10 every day commencing from the 1st April, 2019, till the date of effective eviction, being damages caused for the unlawful application of the property indicated above.

This judicial letter is being sent to you for all intents and purposes of law, including in terms of article 1569(1) of the Civil Code, and should you fail to adhere to the solicitations made above the sender shall be proceeding judicially against you without further notice.

So that you are guided accordingly

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Magistrates (Malta) on the 21st February, 2019, in the records of the judicial letter number 2736/15 in the names Commissioner for Revenue vs Patricia Calabretta pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Patricia Calabretta (ID 168457M) in your own name and also as director for and on behalf of the company Veste Uomo Limited (C,12103) of 196, Flat 6, Triq it-Torri, Tas-Sliema, on the 26th October, 2015, the Commisioner for Revenue of Centre Point Building, Triq Ta’ Paris, Birkirkara, solicits you solicits you in terms of Article 59 of Act XII of 1994, so that within two (2) days from the service of this act, you pay the amount of €2,897.79 representing the amount due by you pro et noe as value added tax according to the same act.

With further costs and interest till the date of effective payment.

This calling is being made for all the intents and purposes of law and particularly, but not exclusively, in order to render the executive title which the Commissioner of Value Added Tax has against you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you by means of the opportune warrants.

So much so that you may know how to regulate yourself.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1569/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Joe Saviour Emanuel Farrugia, the following publication was ordered for the purpose of effecting service on the respondent Joe Saviour Emanuel Farrugia in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta) 

To Joe Saviour Emanuel Farrugia (ID 206487M) of Rodrick, Flt 1A, Triq in-Nigret, Żurrieq

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 €1,184.32, 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 to the bill number 411000133051 for the premises Flat 1, Farrugia, Triq in-Nigret, Żurrieq.

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

By means of a decree of the 29th April, 2015, handed down by the First Hall of the Civil Court in the records of the judicial letter number 728/2015 in the names Reuben Bonnici noe vs Jack Frost Frozen Food Manufacturing Co. Ltd , the following publication was ordered for the purpose of effecting service on the respondent company Jack Frost Frozen Foods Manufacturing Co. Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Jack Frost Frozen Foods Manufacturing Co. Ltd (C 11829) of 124/125, Valley Road, Msida

By the present, Reuben Bonnici (ID 448471M) for and on behalf of Automated Revenue Management Services Limited (C 46054) of Gattard House, National Road, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta Corporation and Water Services Corporation, notifies you with the attached sworn declaration marked as Document ARMS 1, 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 €62,750.16, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meters and administrative costs regarding bill number 101000269497 regarding the premises 125, Jack Frost Limited, Triq il-Wied, Msida.

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 and reserving the right for interests according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 25th June, 2019, in the records of the Application in the names Ambrogio William noe vs Kristjansson Jon, Application number 525/19 FDP, the following publication was ordered for the purpose of service of the respondent Jon Kristjansson, 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 William Ambrogio (ID 0475645M) as special mandatary in the name and in representation of the company IceCapital ehf vs Jon Kristjansson, on the 29th May, 2019, the company IceCapital ehf respectfully pleaded:

That the applicant was given a special power of attorney dated 17th April, 2019, from Omar Orn Bjarnborsson in representation of IceCapital ehf, a company registered in the following address, Kringlan, 4-12 in Rejkavik, Iceland, in order to appear in the name and on behalf of the company IceCapital ehf in these procedures;

That by means of a judgement of the 27th October, 2016, by the Superior Court of Iceland in the names’Jon Kristjansson vs IceCapital ehf ’ the respondent was declared to pay the applicant the sum of ninety million, three hundred and fifteen thousand and one hundred twenty two Icelandic krona (ISK90,315.122) besides the legal interest till the effective payment and the judicial expenses amounting to one million and five hundred thousand Icelandic krona (ISK1,500,000);

That on the 27th October 2016, the rate of exchange between the Icelandic krona and the euro was fixed to 1 euro, 123.96 Icelandic krona with the result that the capital due to the interpellant company according to the judgement quoted amounts to seven hundred twenty eight thousand five hundred eighty three euro (€728,583) besides legal interest of the effective payment and the judicial expenses amounting to twelve thousand one hundred euro (€12,100);

That the interpellant has an interest to execute the judgement above mentioned.

Thus, for the reasons premised the applicant humbly asked this Honourable Court,

1. To declare executable and consequently authorise the execution of the judgement above mentioned so that the applicant can demand the payment as deduced in the judgement mentioned and the interests from the 27th October, 2016, till the date of effectrive payment.

With costs of this procedure against the respondent from now summoned so that a reference to his evidence be made.

The Application in the names Ambrogio William noe vs Kristjansson Jan, Application number 525/19 FDP, has been deferred for hearing to the 11th October, 2019, at 9.30 a.m.

Notify Respondent: Flat 43, Krista Court Triq l-Iskal, Maraskala

ADV. FRANK PORTELLI LLD

For the Reġistrar Civil Courts and Tribunals

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd October, 2018, following a request by Martin Vella et it was ordered that deputy curators be chosen to represent the unknown emphyteuta in the acts of the schedule of deposit number 1991/2019 in the names Martin Vella 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 Martin Vella (ID 747758M) son of Salvino Vella and Giovanna née Borg Bonaci, born in Tas-Sliema and for any interest she may have his wife Brigid Vella, (ID 690859M) daughter of Alexander Cortis and Carmen née Sammut, born in Rabat (Malta) and residing at One Time, Triq G. Hyzler, Ħ’Attard vs Deputy Curators to respresent the unknown emphyteuta, on the 22nd October, 2018, the applicants Martin Vella et respectfully submitted:

That by means of a contract of the 27th February, 2004, in the records of Notary Dr Joseph Tabone, the applicant acquired by perpetual groundrent the urban premises number 21 and 22 Triq Brighella, Ħamrun, that is subject to the annual and perpetual groundrent of Lm0.40 that are equivalent to €0.93 that are paid to the respondent;

The applicants wish to avail themselves from the option given to them by law by redeeming the perpetual groundrent in terms of article 1501 of Cap. 16 of the Laws of Malta (Civil Code).

The amount of €0.93 capitalised with the rate of 5% as stipulatedby law amounts to €18.60.

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the amount of €18.60 redemption of the said groundrent so that it may be freely given to the respondents after leaving the relative receipt.

Applicants: : One Time, Triq G. Hyzler, Ħ’Attard

Notification: Deputy Curators, Law Courts, Valletta

Director Public Registry, Valletta

Lands Registrar, West Street, 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

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 21st June, 2019, following a request by Emanuel Briffa et it was ordered that deputy curators be chosen to represent the unknown heirs of the late Giuseppe Cilia and the unknown owners in the acts of the schedule of deposit number 1147/2019 in the names Emanuel Briffa 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 Emanuel Briffa (ID 445552M) pensioner, born and residing in Birkirkara; Suor Helen sive Elena Briffa (ID 117647M), born in Birkirkara and residing at the Franciscan Sisters Convent of the Sacred Heart, St Paul’s Bay; Anthony Briffa (ID 42655M) pensioner, born and residing in Birkirkara; Michael Briffa (ID 218756M) pharmaceutical processor, born in Birkirkara and residing in Naxxar; Peter Briffa (ID 7334761M) pensioner, born in Birkirkara u residing in Birkirkara; Paul Briffa (ID 121565M) fitter Government employee, born in Tal-Pietà and residing in Birkirkara; Francis Briffa (ID 277560M) sheet metal worker, born and residing in Birkirkara; Gemma Brincat (ID 644848M) widow of Alfred Brincat, born in Birkirkara and residing in Naxxar; Doris sive Maria-Dolores Cassar (ID 893244M) wife of George Cassar, born in Birkirkara and residing in Birkirkara,; Josephine sive Giusa Borg (ID 271150M), wife of Emanuel Borg, born in and residing in Birkirkara; Maria-Carmela sive Carmen Galea (ID 947745M) wife of Rocco sive Rennie Galea, born in Birkirkara and residing in Birżebbuġa; Jane sive Giovanna Gafà (ID 832653M) wife of John Gafa, born and residing in Birkirkara; and Mary Grace sive Gracie Bason (ID 358558M) wife of Dennis Bason, born and residing in Birkirkara vs Deputy Curators to respresent the unknown heirs of the late Giuseppe Cilia and the unknown owners of the directum dominium of the premises regarding this scheduel of deposit, on the 19th June, 2019, the applicants Emanuel Briffa et respectfully submitted:

That applicants are the owners of the house with official number 72 and with the name Iris with its airspace and its underlying space, in Triq l-Imsida, corner with Triq Sqaq l-Ibgħal, Birkirkara, as indicated in the site place attached (Doc. A and B);

They have inherited this property from their father Giuseppe Briffa and this as shown from the attached copy of the declaration causa mortis Doc. C;

From the searches it results that a part from the site where today the premises in question is built, and indicated with red in the plan attached, has an annual and perpetual groundrent of twelve shillings (Lm0.60 today equivalent to €1.40). This as results from the contract of acquisition dated 29th April, 1955, attached as Doc. D, where there is a reference for this subgroundrent that makes part from a bigger subgroundrent;

However the applicants declared that they do not remember that such subgroundrent was ever paid, and it does not result that any receipts were ever issued by the direct owners or the sub direct owners.

By further searches it resulted that the subgroundrent mentioned is part from a bigger subgroundrent imposed by a contract of the 31st May, 1935, by a certain Giuseppe Cilia (Doc. E);

That because of the number of years that have passed , it was impossible to arrive to the conclusion of who are the heirs of Giuseppe Cilia that for certain today he is dead. It was neither possibile to determine who are the direct owners because there is no clue about them;

Notwithstanding and without any prejudice for any rights that the applicants may have in force of the acquisitive prescription, the applicants wish to avail themselves from the right given to them by law in terms of subarticle (7) of the same Article 1501 of the Civil Code to redeem the groundrent that may be due to the heirs of Giuseppe Ciliva and/or the unknown owners;

For this reason together with this schedule of deposit an application for the nomination of deputy curators to represent the late Giuseppe Cilia and the owners that their identity and their particulars is presently unknown is being filed;

The sum of €1.40 capitalised with the rate of 5% according to law adds up toa total of €28.

Thus in terms of sub-article u of the same article 1501 of the Civil Code, the applicants are calling upon this Honourable Court and under it authority are depositing the total amount of €28 representing the capitalisation of the groundrent above mentioned and explained in detail regarding the premises, which amount may be freely withdrawn by the deputy curators in representation of the unknown heirs of the late Giuseppe Civila and the unknown owners after leaving the relative receipt according to law.

Applicants: Emanuel Birffa et, c/o 37, Embri, Triq Ferdinand Grech, Pembroke

Notification: Deputy Curators to represent the unknown heirs 

Public Registry

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. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 14th March, 2019, given by the First Hall Civil Court, 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 schedule filed in the Civil Court, First Hall on 29th of October, 2018, numbered 2049/2018 in the names of Vella Estates Limited et vs Dr Dustin Camilleri et, by Vella Estates Limited et expressing respectfully: 

That by a contract in the records of Notary Robert John Muscat dated eleventh (11) September, of the year two thousand and eighteen (2018) Vella Estates Limited acquired from Francis Vella, identification number 0103542M; John Vella, identification number 0316543M; Carmel known as Charles Vella, identification number 0712451M; Joseph Vella, identification number 0566747M; Lorenza, also known as Lora Abela, identification number 566747M; Maria known as Mary Vella, identification number 0450655M; Rita Mallia, identification number 450655M; Orazio Vella, identification number 0250483M; Clint Vella, identification number 0250483M; Bethany Vella, identification number 0502492M; Pauline Polidano, identification number 0346487M; Tracy Vella, identification number 0524588M and Jexugha Vella, identification number 0366790M; the garage numbered two (2), named ‘E. Vella’, Triq il-Bergamott previously known as Triq E.B. Vella, Mosta, underlying third party property and bounded on the South by the said street, on the East by a shop property of the sellers and on the West by property of Joseph Vassallo or his successors in title subject to annual and perpetual revisable ground rent of twelve euro and eighty-one cents (€12.81) which forms part of annual and perpetual ground rent of thirty-three Maltese Lira, four cents and 2 millicents equivalent to seventy-six euro and ninety-seven cents (€76.97) revisable with the equivalence from Maltese Lira to Sterling, firstly after hundred (100) years and then every fifty (50) years as per original ground rent, as per contract of Notary Dr Alexander Sciberras Trigona dated fifteen (15) of April, 1967; which ground rent is payable to the Lands Authority, Joint Office, as well as subject of the increasement rate of the annual and perpetual ground rent of twenty-six Maltese Lira and seventy-two cents (LM26.72) equivalent to sixty-two euro and twenty-four euro cents (€62.24) imposed by John Calleja as per contract dated seventeen (17) of May, 1973, in the acts of the Notary Dr Joseph Brincat. 

That by another contract in the records of Notary Dr Robert John Muscat dated the eleventh (11) of September, 2018, Mark Vella acquired from the same sellers here indicated garage officially numbered four (4), previously indicated as a shop with the name ‘Bluebird’, in Triq il-Bergamott previously indicated as Triq E. B. Vella, Mosta, underlying third party property and bounded on the South by the said street, East by another garage property of the sellers and on the West by property of Joseph Vassallo or his successors in title subject to annual and perpetual revisable ground rent of twelve euro and eighty-one cents (€12.81) which is part of annual and perpetual ground rent of thirty-three Maltese Liri, four cents and two millicents (LM33.14c2) equivalent to seventy-six euro and ninety-seven euro cents (€76.97) revisable with the equivalence from Maltese Lira to Sterling, first after hundred (100) years and then every fifty (50) years by concession of the original ground rent done by the contract of Notary Dr Alexander Sciberras Trigona of the fifteen (15) of April, 1967; which ground rent is payable to the Lands Authority, Joint Office, as well as subject of the increased rate of the annual and perpetual ground rent of twenty-six Maltese Lira and seventy-two cents (LM26.72) equivalent to sixty-two euro and twenty-four euro cents (€62.24) imposed by John Calleja on the contract dated seventeen (17) of May, 1973, in the acts of the Notary Dr Joseph Brincat. 

That by another contract dated nineteen (19) of January, nineteen eighty-one (1981) in the records of the Notary Dr Tonio Spiteri, Joseph Spiteri in his marriage with Lucy acquired from Francis Vella the maisonette overlaying for four (4) garages, unnamed and unnumbered, in a new street unnamed corner with Triq Emanuel Benjamin, Mosta, on the North by property of Joseph Falzon, as well as two garages underlying the said maisonette, the façade is in the new street mentioned unnamed and unnumbered, bounded on the East by the new street, North by the stairwell of the maisonette and South with Triq Emanuel Benjamin, as subject together the maisonette and two garages with the rate of thirty-nine Maltese Liri, seventy-six cents and two millicents (LM39.76c2) annual and perpetual ground rent revisable after hundred (100) years from the date of the original concession and after every fifty (50) years. 

That said properties here described, therefore the four (4) garages and a second floor apartment, which were constructed on the plot number two hundred and sixty-eight (268) on the site know as Ta’ Mliet in Mosta measurements of sixty-six point eight (66.8) square metres, which land was originally acquired by John Calleja from the Cathedral Church of Malta with the title of perpetual redemption in the records of Notary Dr Alexander Sciberras Trigona of the fifteen (15) April, nineteen sixty-seven (1967). Subsequently John Calleja transferred the said land in favour of Nazzareno Zammit and Francis Vella in the records of a contract of Notary Dr Joseph Brincat dated seventeen (17) May, nineteen seventy-three (1973) and in the same contract he imposed in his favour on the said land and an increase of annual and perpetual ground rent of twenty-six Maltese Lira and seventy-two cents (LM26.72) equivalent to sixty-two euro and twenty-four euro cents (€62.24).

The ground rent due to John Calleja is still due and the applicants don’t know who his heirs are.

Together with the schedule of deposit the applicants are presenting an application to appoint deputy curators to represent the interest of the unknown heirs of John Calleja. 

That first the applicants want to pay the import of five (5) years ground rent which are due to John Calleja or his successors in title amounting the sum of three hundred eleven euro and twenty cents (€ 311.20).

That the applicants Vella Estates Limited, Mark Vella and spouses Vassallo all together wish to redeem the ground rent due to John Calleja as above described, burdening the plot number two hundred and sixty-eight (268), Ta’ Mliet, Mosta that was built on and this in terms of Article 1501 of Cap. 16. 

That the ground rent of sixty-two euro and twenty-four cents (€62.24) capitalised at the rate of six percent (6%) amounts to one thousand, thirty-seven euro and thirty-three cents (€1037.33). 

Therefore the applicants are asking this honourable Court and under its Authority lodges the global sum of one thousand, three hundred, forty-eight euro and fifty-three cents (€1348.53), which sum is to be freely given to the owners, heirs or successors in the title of John Calleja after leaving the due receipt. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 23rd September, 2019, in the records of the Letter in the names Charles Spiteri vs Dorianne Borg, Letter Number 1051/19 JPG, the following publication was ordered for the purpose of service of the respondent Dorianne Borg, in terms of Article 187(3) et sequitur of Cap 12.

By means of an Application, by Urgency, filed in the Civil Court (Family Section) in the records of the Letter of Mediation Number 1051/19 JPG, in the names Charles Spiteri (ID 141186M) vs Dorianne Borg (ID 502490M) on the 5th August, 2019, the applicant Charles Spiteri (ID 141186M) respectfully pleaded:

That from a relationship he had with the respondent, … omissis …, today four years old, was born.

That this relationship ended and the applicant proceeded in order that all that is related to the minor be regulated.

… omissis …

That actually the respondent is in a relationship with a certain Faris Mahmud Harith, who is not a suitable person to be in the presence of the minor. It is stated that the same person is an abusive person so much so that he is physically abusing the same respondent … omissis … It is to be stated also that the abuse that the respondent is suffering can be proved. This is not a surrounding to which the minor … omissis … should be exposed.

That appart from this the respondent has a drug and alcohol problem.

… omissis …

That presently the minor resides with the respondent’s mother.

That presently in the present situationt the applicant does not have an objection that the minor continues to reside with the respondent’s mother.

That however the applicant is very worried at the fact that the minor is in the presence of this person Faris whem she is with her mother.

Thus the applicant humbly prays this Honourable Court to grant the care and custody of the minor … omissis … in his favour, but for the time being she continues to reside with the maternal grandmother till he finishes his premises, and orders that access shall be only at her mother’s home and if outside under supervision and always with the exclusion of Faris Mahmud Harith and this under those provisions it deems fit and opportune.

Applicant: Block 1, Flat 6, Triq Patri Justin Sant, Santa Venera

Respondent: Flat 1/13, Block 7, Triq l-Inkurunazzjoni, Bormla

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals