Court Notices published in Govt. Gazette No. 20,542 of 21st December 2020

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 22nd October, 2020, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organisation and Civil Procedure.

Whereas by a decree dated the 22nd October, 2020, in the records of the schedule of deposit and redemption of ground rent number 323/2020 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by lawyer Dr Angele Formosa for and on behalf of Emanuel Cassar, retired, son of the deceased Joseph u Maria née Micallef, holder of indentity card number 4549G and Maryanne Micallef, widow of Michelangelo Micallef, retired, daughter of Joseph Vella and Carmela née Cauchi, holder of identity card number 14038(G) versus deputy curator in order to represent the unknown persons to receive the emphyteusis described below, filed on the 15th October 2020, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That Emanuel Cassar and Maryanne Micallef are owners of the property number twenty seven (27), Triq San Pietru, Għarb Gozo, which property is subject to an annual and perpetual ground rent of seven Maltese cents and five mils (Lm0.07c5m), which property came to them by virtue of a contract in the acts of Notary Joseph Spiteri of the second March of nineteen hundred and seventy nine (02.03.1979), where their predecessors in title acquired this by virtue of the contract of division. The property is here described in the site plan here annexed and marked Dok. AF1; 

That the applicant nomine would like to prevail on the faculty given to them aby article one thousand five hundred and one (1501) of Cap. sixteen (16) Civil and redeem the emphyteusis; 

That the sum of seventeen euro cents (€0.17) capitalised by five percent (5%) amount to three Euro and forty cents (€3.40). 

Therefore, the undersigned to exonerate herself from every responsibility at law is hereby depositing with this Honourable Court and under its authority the sum of three euro and forty cents (€3.40), being the sum payable for the redemption of emphyteusis, which sum may be freely withdrawn by the depositee, after he leaves due receipt. 

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

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

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

Superior Jurisdiction, General Section

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 2nd October, 2020, of the Rent Regulation Board, in the records of the Application in the names Michael Angelo Vella et vs Carmel Sultana et, Application number 120/2020JD, the following publication was ordered for the purpose of effecting service on the respondent Carmel Sultana 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 Michael Angelo (ID 027745M) and Josephine (ID 863946M) spouses Vella vs Carmel Sultana (ID 542238M) and Housing Authority (as Amicus Curiae) filed before the Rent Regulation Board on the 14th July, 2020, the applicants Michael Angelo (ID 027745M) and Josephine (ID 863946M) spouses Vella according to Article 12B(2) of the Housing (Decontrol) Ordinance (Cap. 158 of the Laws of Malta) humbly request that this Board is to:

1. Declare and decide that the respondent Carmel Sultana is the tenant of the premises number 213, Triq Stiefnu Zerafa, Marsa, in terms of Cap. 158 of the Laws of Malta that was originally given by title of temporary sub-emphyteusis for a period of 20 years;

2. Order that the means test of the respondent is carried out according to Article 12B (3)(iii) of Cap. 158 of the Laws of Malta and determines if the respondent satisfies the critirea of the income and of the capital of the means test.

3. If this Board finds that the respondent does not satisfy the criteria of income and capital of the means test:

a) Terminates the present lease currently in favour of the respondent of the premises 213, Triq Stiefnu Zerafa, Marsa;

b) Grants a time to the respondent which does not exceed five years, to vacate the premises de quo and leave it vacant and in a good condition in favour of the applicants;

c) Condemns the respondent so within the time given as decided by this Board, pays the applicant a compensation for the occupation in an equivalent sum double the rent due today, in terms of law.

4. In case the Board finds that the respondent satisfies the criteria of income and capital of the means test:

a) Condemns the respondent to pay the applicants the revised rent due for the amount that does not exceed 2% per year of the free market value of the premises mentioed on the 1st January of the current year, which rent will be revisable every 6 years or until an agreement is reached between the parties;

b) Establishes those other conditions of this lease, fair in today’s open market, amongst which a condition that the tenant cannot assign the lease to third parties or carry out structural alterations in the premises or parts of them and that he is obliged to carry out all the necessary repairs needed in the same premises.

With costs against the respondent who is from now summoned so that a reference to his oath be made and reserving the right to any other action by the applicants against the same respondent, including that for damages if it is required.

Applicants: 68, Ave Maria, Triq Parilja, Santa Venera

Respondent: Carmel Sultana, 13, Triq Zerafa, Marsa

The application in the names Michael Angelo Vella et vs Carmel Sultana et, Application number 120/2020JD, has been postponed for hearing to the 11th January, 2021, at 10.45 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals