Court Notices published in Govt. Gazette No. 20,395 of 28 April 2020

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 1563/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Josep Calleja, the following publication was ordered for the purpose of effecting service on the respondent Joseph Calleja in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Joseph Calleja (ID 401747M) of  20, Flat 2, Yucca Court, Triq Carmelo De Lucca, San Pawl il-Baħar

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,438.59, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount, which amount consists of the following:

i. As for the bill number 101000009825 the amount of €1,391.92 for the premises with address Flat 2, Yucca Court, Triq Carmelo De Lucca, San Pawl il-Baħar; and

ii. As for the bill number 101000240501 the amount of €1,046.67 for the premises with address Tal-Pajzen Rural Rm, Triq tal-Qarbuni, San Pawl il-Baħar.

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 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1598/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Neville Muscat, the following publication was ordered for the purpose of effecting service on the respondent Neville Muscat in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Neville Muscat (ID 464573M) of 21, Nevada, Flat 2, Trejqet Sant'Anna, Mosta

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 €1,273.13, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000244052 that is regarding the premises with address Farm Tal-Aħmar, Lardar Road, Trejqet ix-Xarbett, Rabat.

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 8th July, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1041/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Mariya Goldman, the following publication was ordered for the purpose of effecting service on the respondent Mariya Goldman in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Mariya Goldman (ID 60168A) of Castle Towers, Flat 1, Triq Depiro, Tas-Sliema

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 €1,350.47, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000049877 that is regarding the premises with address Mais 1, Castle Towers, Triq Depiro, Tas-Sliema.

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 10th December, 2020, of the Rent Regulation Board, in the records of the Application in the names Angela sive Gina Balzan vs Amanda Aloisio et, Application Number 210/2019MV, the following publication was ordered for the purpose of effecting service on the respondents Amanda and Marie Chantall Aloisio in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Angela sive Gina Balzan (ID 97247M) vs Amanda (ID 465978M) and Marie Chantall (ID 387974M) sisters Aloisio and Housing Authority filed before the Rent Regulation Board on the 27th September, 2019, the applicant Angela sive Gina Balzan (ID 97247M) request with respect that this Board:

1. Declares that the respondents Amanda and Marie Chantall Aloisio are the tenants of the premises that is the apartment number 3 in Block A, St Julians Court, Triq Manwel Dimech, San Ġiljan, in terms of Chapter 158 of the Laws of Malta, that was originally given by temporary sub-emphyteusis for a period of 45 years starting from the 14th June, 1957, which concession expired on the 13th June, 2002;

2. Declares that the respondents Amanda and Marie Chantall as the tenants of the premises that is the apartment with number 3, in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan are not the persons that need social protection provided in Articles 12, 12A and 12B of Chapter 158 of the Laws of Malta;

3. Orders that the lease which exists ope legis between the applicant and the respondents Amanda and Marie Chantall Aloisio regarding the premises that is the apartment with number 3, in Block A, St Julian's Court in Triq Manwel Dimech, San Ġiljan is dissolved with immediate effect;

4. Orders the eviction of the respondents Amanda and Marie Chantall Aloisio from the premises that is the apartment number 3, in Block A, St Julian's Court in Triq Manwel Dimech, San Ġiljan within a short and peremptory time that is established by this Honourable Board for this reason, such that the premises are vacated;

5. In case that the requests numbered (2), (3) and (4) will not be upheld by this Honourable Board on behalf of the respondents Amanda and Marie Chantall Aloiso, or any one of them, the same Board should, subject to any ulterior declaration which it deems necessary and opportune, order that the means test be made regarding the same respondents – that has to be based on the means test established in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1531F and 1622A of the Civil Code) and any other regulations that may substitute these from time to time, which test is to be based on the income of the respondents between the 1st January and 31st December, 2018 and on the capital of the same respondents on the 31st December, 2018;

6. Declares that in case the respondents Amanda and Marie Chantall Aloisio satisfy the means test abovementioned, and in terms of Act XXVII of 2018 the rent has to be revised, with effect from the date of notification of the same respondents of this application, to an amount which will not exceed 2% per year of the open market value of the premises that is the apartment with number 3, in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, on the 1st January, 2019, and establish new conditions regarding the rent;

7. Orders that in case the respondents do not satisfy the means test abovementioned, the respondents are given a period of five years starting from the date of notification of this application, within which to vacate the premises, besides paying a compensation to the applicant for occupying the same premises, during the said period of five years, which compensation has to be equivalent to double the rent that would be payable according to Article 12 and 12A of Chapter 158 of the Laws of Malta;

8. Orders that in case the respondents Amanda and Marie Chantall Aloisio do not satisfy  the means test abovementioned, the eviction of the said respondents from the premises that is the apartment number 3 in Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan, within a short and peremptory time that is establised by this Honourable Board, for this reason after five years starting with effect from the notification of this application so that the premises will be vacated.

With costs against the respondents who are from now summoned so that reference to their oath be made and reserving any other action against the respondents according to law including  any constitutional action to any claim for damages for pecuniary and non-pecuniary and other claims or of any other action in connection with the fundamental rights of the applicant, as protected by the Constitution of Malta, and with the Convention for the Protection of Human Rights and Fundamental Liberties, from the application of Article 12B of Chapter 158 of the Laws of Malta on the property of the applicant.

Applicant: 19/4, Triq Dingli, Tas-Sliema

Respondents notification:

Marie Chantall Aloisio, Flat 3, Block A, St Julian's Court, Triq Manwel Dimech, San Ġiljan

Amanda Aloisio, 3, Belle View, Flat 1, Triq Matthew Pulis, Tas-Sliema

Housing Authority

Attorney General

The application in the names Angela sive Gina Balzan vs Amanda Aloisio et, Application Number 210/2019MV, has been postponed for hearing to the 7th May, 2020, at 10.15 a.m.

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 4th March, 2020, Application number 324/2020 by Ulrike Fuhr-Fleischer et, whereby they requested that it will be declared open in  favour of the same Ulrike Fuhr-Fleischer wife of the decujus in the quota of one half (1/2) undivided share and in favour of Anna Fuhr, Ute Christine Fuhr, Georg Otto Johannes Fuhr and Julius Otto Johannes Fuhr children of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of  Rainer Johannes Fuhr, married, son of unknown father and Gisela Fuhr, born in Germany and resided in Mġarr, Malta, and died in Tenerife, Spain, on the 4th August, 2019, aged 65, and who held identity card number 131353A.

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 Courts and Tribunals

By means of a decree of the 13th January, 2020, of the Civil Court First Hall in the records of judicial letter number 4546/19, in the names Francis Gauci et vs Carmelo Cutajar, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Chapter 12.

In the First Hall of the Civil Court

To Carmelo Cutajar (ID 288229M) of 20, Triq it-Torri San Ġwann, Birgu

By the present Francis Gauci (ID 532558M) of Ta' Fuq is-Sies, Tal-Ġebel Għawżara, San Pawl il-Baħar, Mirlu Properties Limited (C 62953) of 3, Triq Pinto, Marsa and Sandro Estates Limited (C 47369) of Leminic Ville, Triq il-Qaliet, Marsaskala, as owners of Sur ta' San Salvatur in Birgu, solicit you so that within one month from when you receive this judicial letter you vacate from that part of the property that you are occupying.

In default of complying with this solicitation within one month from the date of notification of this judicial letter, the interpellants will proceed further against you according to law.

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

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 23rd January, 2020, in the records of the judicial letter number 1171/19, in the names Mapfre Middlesea plc vs Jovic Branislav et, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondent Jovic Branislav, in terms of Article 187(3) of Chapter 12 of the Laws of  Malta.

In the Courts of Magistrates (Malta)

To Jovic Branislav (ID 110918A) of 63, Springfield, Triq il-Fraxxnu, San Ġiljan

GasanMamo Insurance Limited

By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana as subrogated by policy and at law in the rights of its insured Vincent Pace (ID 397154M) of Flat 3, Block B, Ex Kulleġġ Flores, Triq l-Ifran, Valletta and the same Vincent Pace solicit you so that within five days from the date of notification of this judicial letter you come forward to assume your responsibilities for the road accident which occurred on the 20th March, 2019, in Triq il-Fuxa, San Ġwann, between the vehicle with registration number AAE515 driven by you Jovic Branislav and insured by you GasanMamo Insurance Limited and the vehicle with registration number BBR167 property of Vincent Pace and driven by Janice Pace (ID 5178M) and insured by the applicant Mapfre Middlesea plc, and also to come forward for the liquidation of damages incurred by the interpellant.

The interpellant submits that you are solely responsabile for the said accident and this because of  recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part or any one of you.

This letter is being sent for the effects and purposes of law especially in terms of Chapter 104 of the Laws of Malta and serving to interrupt the prescription in terms of article 2128 of Chapter 16 of the Laws of Malta.

In default of abiding with that requested, the applicants will have no alternative but to take further legal procedures against you according to law.

With costs of this present and legal interest till the date of effective payment.

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 6th March, 2020, Application number 342/2020 by Gio Maria sive John Mary Muscat pro et noe, whereby he requested that it will be declared open in  favour of  the same Gio Maria sive John Mary Muscat husband of the decujus in the quota of one half (1/2) undivided share and in favour of Kevin Mario Muscat, Joseph Muscat, Carmen Vassallo, Mary Rose Bugeja and Jason Muscat children of the decujus in the quota of one tenth (1/10) undivided share each one of them the succession of Luigia sive Luisa Muscat, wife of Gio Maria sive John Mary Muscat, daughter of the late Ġużeppi Vella and Natalizia nee Grech, born in Mġarr, Malta, resided in Mġarr, Malta and died in Tal-Qroqq, Msida, Malta on the 9th May, 2015, aged 67, and who held identity card number 755347M.

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 Courts and Tribunals

By means of a decree of the 10th January, 2020, given by the Civil Court First Hall in the records of judicial letter number 3715/2019, in the names Registrar of Civil Courts and Tribunals vs ETM General Imports Co. Ltd, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur of Chapter 12.

In the First Hall of the Civil Court

To ETM General Imports Company Limited of Il Gabbiano, Triq Thomas Asbhy, Marsaskala

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €994.93 due by you as  Registry fees in connection with the law suit in the names:

Western Union Business (Malta) Limited (C 22339) vs ETM General Imports Company Ltd (C 31572) (JA1, GCD, NC), deserted on the 15th July, 2019.

You can also pay online by accessing the website (ecourts.gov.mt) and choosing the link “Ħallas id-Dritt tar-Reġistru tal-Qorti" (Pay Court Registry Fees). In default the applicant reserves the right to proceed further against you according to law.

So much for your own guidance.

With costs.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 26th  November, 2019, in the records of the Sworn Application in the names Borg Andre Dr et vs Esposito Daniel, Application Number1006/19 FDP, the following publication was ordered for the purpose of service of the respondent Daniel Esposito, 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 Dr Andre Borg (ID 141883M) and Claire Borg (ID 026392M) vs Daniel Esposito (ID 149683M) exercising trade with the name Leinad Turnkey Construction & Finishes, on the 22nd October, 2019, the applicant Dr Andre Borg (ID 141883M) and Claire Borg (ID 026392M) asked this Honourable Court:

1. To declare that the defendant failed from his obligations to carry out the contract of works given to him within the time agreed and with the diligence and quality as required by the trade and art and uphold the other demands in the application amongst which the payment of damages, the costs and interest as demanded in the application.

The Sworn Application in the names Borg Andre Dr et vs Esposito Daniel, Application Number 1006/19 FDP, has been put off for hearing to the 16th June, 2020, at 9.15 a.m.

Applicant: 82/1, Triq Melita, Valletta

Respondent: 28, Bijou Vert, Flat 5, Triq il-Kostituzzjoni, Birżebbuġa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 12th February, 2020, in the records of the Application in the names Commissioner for Revenue vs Wojde Bogdan Janusz, Application number 1187/19 RGM, the following publication was ordered for the purpose of service of the respondent Bogdan Janusz Wojde (ID 185492A) 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 Commissioner for Revenue vs Bogdan Janusz Wojde (ID 185492A) on the 12th December, 2019, the Commissioner for Revenue respectfully pleaded:

That Council Directive No. 2010/24/EU of the 16th March, 2010, regarding namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures, is implemented and subject to the Laws of Malta by means of the Order of 2012 regarding Reciprocal Assistance for the Recovery of Claims related to Taxes, Duties and other Measures (Legal Notice No. 153 of the year 2012).

That in virtue of this Order and this Directive, the Commissioner for Revenue in the name of the Minister for Finance, otherwise the competent authority in Malta, is given the power so that when there is a valid request from a Member State of the European Union to collect the tax due to the Member State, when such person who has such debt is present in Malta.

That according to the same Order and Directive, such request from a Member State shall be treated as if it were a request for civil debt due to the Government of Malta and that the competent authority in Malta is authorised to collect.

That the respondent has been indicated by the  competent Authority in Poland, member of the European Union, as a person who owes an amount of Value Added Tax, in the global sum of three thousand five hundred ninety-four euro and twenty-nine cents (€3,594.29) and this as results from the instrument attached with this application as Doc. A, together with interests according to the laws of Malta, due by the respondent from the date of service of this application till the date of effective payment.

That the interpellant is satisfied as regards this claim that all the relevant provisions of the Directive abovementioned were observed.

That the respondent has been indicated as being present in Malta and thus the applicant has the right to collect from him the amount abovementioned on behalf of the competent authority of the member country of the European Union abovementioned.

That according to the Order and Directive above mentioned, this Court is given the power and the obligation to register the document annexed with this application and this document shall as this takes place constitute an executive title as well as to notify the respondent of this application and the document annexed with it.

Thus the interpellant according to the powers granted to him  in terms of the Directive abovementioned respectfully prays that this Court shall in the first place order the registration of the document annexed with this application as an official copy of it so that the same document constitutes an executive title and in the second place order that a copy of this application and the document annexed with it be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.

The Application in the names Commissioner for Revenue vs Wojde Bogdan Janusz, Application 1187/19 RGM, has been put off for hearing to the 7th May, 2020, at 9.15 a.m.

Applicant: Centre Point Building, Triq Ta' Paris, Birkirkara

Respondent: 134, Je t'Aime, Flat 5, Triq Kent, Fgura

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 12th February, 2020, in the records of the Application in the names Commissioner for Revenue vs Hulkko Mikael Tomas, Application number 1188/19 MH, the following publication was ordered for the purpose of service of the respondent Hulkko Mikael Tomas, 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 Commissioner for Revenue vs Mikael Tomas Hulkko on the 12th December, 2019, the Commissioner for Revenue respectfully pleaded:

That Council Directive No. 2010/24/EU of the 16th March, 2010, regarding namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures is implemented and subject to the Laws of Malta by means of the Order of 2012 regarding Reciprocal Assistance for the Recovery of Claims related to Taxes, Duties and other Measures (Legal Notice No. 153 of the year 2012).

That in virtue of this Order and this Directive, the Commissioner for Revenue in the name of the Minister for Finance, otherwise the competent authority in Malta, is given the power so that when there is a valid request from a Member State of the European Union to collect the tax due to the Member State, when such person who has such debt is present in Malta.

That according to the same Order and Directive such request from a Member State shall be treated as if it were a request for civil debt due to the Government ofMalta and that the competent authority in Malta is authorised to collect.

That the respondent has been indicated by the competent Authoritry in Sweden, member of the European Union, as a person who owes an amount of Value Added Tax, in the global sum of ten thousand six hundred forty-two euro and twenty-five cents (€10,642.25) and this as results from the instrument attached with this application as Doc. A, together with interests according to the laws of Malta, due by the respondent from the date of service of this application till the date of effective payment.

That the interpellant is satisfied as regards this claim that all the relevant provisions of the Directive abovementioned were observed.

That the respondent has been indicated as being present in Malta and thus the applicant has the right to collect from him the amount abovementioned on behalf of the competent authority of the member country of the European Union abovementioned.

That according to the Order and Directive above mentioned, this Court is given the power and the obligation to register the document annexed with this application and this document shall as this takes place constitute an executive title as well as to notify the respondent of this application and the document annexed with it.

Thus the interpellant according to the powers granted to him  in terms of the Directive abovementioned respectfully prays that this Court shall in the first place order the registration of the document annexed with this application as an official copy of it so that the same document constitutes an executive title and in the second place order that a copy of this application and the document annexed with it be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.

The Application in the names Commissioner for Revenue vs Hulkko Mikael Tomas, 1188/19 MH, have been put off for hearing to the 13th May, 2020, at 9.00 a.m.

Applicant: Centre Point Building, Triq Ta' Paris, Birkirkara

Respondent: 42, Penthouse, Maris Court, Triq Stella Maris, Tas-Sliema

ADV. FRANK PORTELLI, LLD

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 18th February, 2020, following a request by Davina Bonello Ghio pro et noe it was ordered that deputy curators be chosen to represent  the unknown heirs of Rosa widow of Salvatore Farrugia, Giuseppe Farrugia and Giuseppe and Carmela wife of Giuseppe Scicluna, brother and sister Gauci in the acts of the schedule of deposit number 283/2020 in the names Davina Bonello Ghio pro et noe vs Captain Michael Borg as administrator of the heirs of Dr Giuseppe Pace and his wife Giuseppina nee Cabarra and  Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent  filed in the First Hall of the Civil Court, in the names Davina Bonello Ghio, wife of Luke Bonello Ghio, daughter of Alexander Vella and the late Norma nee Sciberras born in Tas-Sliema and residing in Swieqi (ID 102272) in her own name and for and on behalf of the legitimate heirs of Giuseppe Sciberras, businessman, son of Carmelo and Riccarda nee Vella, born in Mosta, whose heirs are the following: Alexander Vella, pensioner, son of Olid Vella and Inez nee Gatt, born in Tas-Sliema and residing in Swieqi (ID 896947M); Monica Sciberras, wife of  Carmel sive Charles Sciberras, daughter of Oscar Aquilina and Mary nee Coppola, born in and residing in Tas-Sliema (ID 221243M); Mario Sciberras, pensioner son of Giuseppe Sciberras and Jeanne D'Arc Sciberras nee Degiovanni, born in Tas-Sliema and residing in Gżira (ID 308854M); Beverley Sciberras, widow of Martin Sciberras, daughter of  Victor Townsend and Doris nee Tristramp, born in Buckinghamshire England and residing in San Pawl il-Baħar (KI 186503L); Chantel Sciberras, unmarried, manager, daughter of  Martin Sciberras and Beverley nee Townsend, born in Taplow England and residing in Ħaż-Żebbuġ (ID 465694M); Cassandra Louise Sciberras, unmarried, childcare executive, daughter of  Martin Sciberras and Beverley nee Townsend, born and residing in England (ID 465594M); Mattew Sciberras, taxi driver, son of Martin Sciberras and Beverley nee Townsend, born in Taplow England and residing in San Pawl il-Baħar (DI 465794M) and David Sciberras, chef, son of  Martin Sciberras and Beverley nee Townsend, born in Buckinghamshire England and residing in Għajnsielem, Gozo (ID 465494M) vs Captain Michael Borg, son of Dr Paul and Josephine nee Aquilina, born in Rabat, Malta and residing in Tas-Sliema 74, Triq Tigne SLM 3170 (ID 4662241M) as administrator of the heirs of Dr Giuseppe Pace and his wife Giuseppina nee Cabarra whose heirs are the following:

Marguerite Gatt (ID 459940M) wife of Neville Gatt and Franca Borg (ID 247445M) wife of Michael Angelo Borg (ID 462241M) both children of the late Advocate Doctor Albert Mercieca and Olga nee Pace born Marguerite Gatt in  Birkirkara and residing in Madliena and Franca Borg born in and residing in Tas-Sliema;

Alessandra Radmilli (ID 468648M) widow of  Noel Radmilli, Mark Pace (ID 134750M), Marian Galea (ID 457956M) wife of  Christopher Galea and John Pace (ID 398764M), all children of the late Advocate Doctor Antonio Pace and Myriam nee Depiro Gourgion born Alessandra Radmilli and John Pace in Tas-Sliema, Mark Pace in Msida and Marian Galea in San Ġiljan and residing all in San Ġiljan with the exception of  Alessandra Radmilli who resides in Tas-Sliema;

Edward Camilleri (ID 237245M), Michael Camilleri (ID 0299552M), Josephine Robbins (ID 0020647M) children of Colonel Edwin Camilleri and Mary Camilleri;

Vincent Rizzo (ID 469750M), Philip Rizzo (ID 678151M) and Anne Mary Farrugia (ID 541654M) wife of Karol Farrugia, all children of Vincent Rizzo and Rosa nee Azzopardi born in San Ġiljan and residing Vincent Rizzo in Swieqi, Philip Rizzo in Ta' Xbiex and Anne Mary Farrugia in Tas-Sliema; and deputy curators to represent the unknown heirs of Rosa, widow of Salvatore Farrugia, daughter of Pietro Gauci, born in Mellieħa; Giuseppe Farrugia, farmer, son of Salvatore Farrugia, born in Ħal Qormi; Giuseppe and Carmela wife of Giuseppe Scicluna brother and sister Gauci, children of Cristino Scicluna, born in Ħal Qormi, filed on the 14th February, 2020, the applicant Davina Bonello Ghio (ID 102272) in her own name and for and on behalf of the legitimate heirs of Giuseppe Sciberras respectfully submitted:

That the applicants are the owners of the premises with the name Norma House, with number 45 in Trejqet Fleur de Lys, Santa Venera, together with other lands known as Tal-Brejkex, in the limit of Fleur de Lys, Birkirkara, all of which are subject to the annual and perpetual groundrent of Lm25.87 that is €60.28;

That the deceased Giuseppe Sciberras acquired this property from Joseph Zerafa by means of a public deed in the records of Notary John Tabone Adami dated 24th September, 1955, copy of which is attached and marked as Doc. A and also from Advocate Doctor Giuseppe Pace by means of a contract in the records of Notary Doctor Victor Bisazza dated 26th Janaury, 1957, copy attached and marked as Doc. C and the rest of the lands known as Tal-Brejkex are situated adjacent and in the limits of the same Norma House;

Eventually, after the death of Giuseppe Sciberras and his wife Giovanna sive Jeanne D'Arc nee DeGiovanni (0397821M), the premises abovementioned was passed on the applicants as legitimate heirs of the spouses Sciberras according to a will unica carta in the acts of Notary Giuseppe Gatt on the 27th October, 1961, and according to the extension of the same will of the 28th October, 1961;

That the applicants pay the respondent Michael Borg, as administrator of the heirs of Doctor Giuseppe Pace and his wife Giuseppina nee Cabarra, the total amount of €58.23 as payment of the annual and perpetual groundrent regarding the whole property as abovementioned that is the property that is found in the area known as Tal-Brejkex;

That for the searches regarding the same property results that there is an annual and perpetual original groundrent of €11.38 payable as for three fourths (3/4) undivided share to the unknown heirs of Rosa Farrugia, Michele Farrugia and Giuseppe Farrugia as for the remaining one fourth (1/4) undivided share payable to the unknown heirs of Giuseppe Gauci and Carmela Scicluna, brother and sister Gauci;

That although it results that by means of a contract in the records of Notary Giovanni Azzopardi dated 2nd December, 1936, Advocate Giuseppe Pace bought and redemeed the share of the annual and perpetual direct dominium of Michele Farrugia, and for all intents the whole amount of the original groundrent abovementioned, that is €11.38 is being deposited;

That also, for all intents, the said land abovementioned is subject to the annual and perpetual subgroundrent of €7.26 payable to Angelo Bonello according to the perpetual subemphyeteutical subgroundrent dated 6th April, 1945, that consequently according to the contract abovementioned, in the acts of Notary Doctor Victor Bisazza dated 26th January, 1957, the rights regarding Angelo Bonello reverted to the heirs of Dr Giuseppe Pace and the heirs of Giuseppina nee Cabarra;

That the applicants wish to avail themselves of the option given to them in terms of article 1501 of Chapter 16 of the Laws of Malta and redeem the same subgroundrent and the original groundrent in terms of law;

That the amount of €58.23 capitalised at the rate of 5% amounts to €1,164.60;

That for all intents, another amount of €227.60 is being deposited representing the original groundrent in the amount of €11.38 capitalised at the rate of 5% as deposit for the redemption of the same original groundrent and represents:

i. The amount of €170.70 payable to the unknown heirs of Rosa Farrugia and Giuseppe Farrugia;

ii. The amount of €56.90 payable to the unknown heirs of Giuseppe Gauci and Carmela Scicluna brother and sister Gauci.

That also, the applicants have to pay the amount of €56.90 consisting of five (5) years of original annual and perpetual groundrent regarding the property abovementioned and representing:

i. The amount of €42.68 due to the unknown heirs of Rosa Farrugia and Giuseppe Farrugia;

ii. The amount of €14.22 due to the unknown heirs of Giuseppe Gauci and Carmela Scicluna, brother and sister Gauci.

That the applicants have to pay the amount of €58.23 as annual and perpetual groundrent due to Captain Michael Borg for and on behalf of the heirs of Advocate Giuseppe Pace and Giuseppina nee Cabarra for the year 2020.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €1,507.33 representing the redemption of the annual and perpetual groundrent and subgroundrent and the arrears, so that they be paid as follows:

a) €1,222.83 to Capt Michael Borg (ID 4662241M) for and on behalf of the legitimate heirs of Doctor Giuseppe Pace and his wife Giuseppina nee Cabarra;

b) €213.38 payable to the unknown heirs of Rosa Farrugia and Giuseppe Farrugia;

c) €71.12 payable to the unknown heirs of Giuseppe Gauci and Carmela Scicluna, brother and sister Gauci,

so that that these amounts may be freely withdrawn by the respondents according to the amounts abovementioned after leaving the relative receipt.

Applicants: Davina Bonello Ghio, The Place, Apartment 4/5, Triq tal-Għonoq, Upper Gardens, Swieqi

Notify: 

Deputy curator of the unknown heirs of Rosa Farrugia, Giuseppe Farrugia, Giuseppe and Carmela brother and sister Gauci

Capt. Michael Borg, 74, Triq Tigne, Tas-Sliema SLM 3170

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta

Lands Authority, Auberge De Baviere, Triq San Sebastjan, Valletta VLT 2000

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Lawrence Mintoff LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the tenth (10th) of March, 2020 (Decree number 40/2019BS following application number 41/2019BS) Josephine sive Ġuża Camileri, pensioner, spinster, daughter of the late Chev. Agostino Camilleri and Francesca nee Cauchi, born in Rabat, Gozo and residing in Dar Sant'Anna, Gozo General Hospital, Rabat, Gozo, Identity Card number 5839G, has been confirmed interdicted from all acts of civil life.

Dottor Justine Scerri Herrera, lawyer, daughter of Lawrence Scerri and Consuelo Scerri nee Herrera,  born in Tal-Pietà, Malta and residing in Kappara, Malta (ID 411690M), has been nominated as her curator by virtue of the said decree.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals