Court Notices published in Govt. Gazette No. 20,648 of 22nd June 2021
Notice 889
889By means of a decree of the 4th May, 2021, of the Rent Regulation Board, in the records of the Application in the names BG Invest Limited vs Arthur John Ebejer, Application Number 41/2021MV, the following publication was ordered for the purpose of effecting service on the respondent Arthur John Ebejer 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 BG Invest Ltd (C81102) vs Arthur John Ebejer filed before the Rent Regulation Board on the 1st March, 2021, the applicants BG Invest Ltd (C81102) requested with respect and Raymond Bonnici (ID 90983M) as director and as legal representative of the applicant company confirms on oath that:
1. That the applicant has a property officially marked with number 67, in Triq il-Kapuċċini, Floriana, in part overlying third party property with its airspace and with the underlying cellar.
2. By means of an agreement dated 16th October, 2018, it leased these premises to the respondent for commercial use, and namely for individual rooms to third parties for the reason of temporary accommodation, at a rent and in terms of the remaining conditions stipulated in the same agreement.
3. The respondent breached several obligations in the lease, amongst which he execute the agreed works at stipulated time (clause 7), failed to use the premises leased for the reasons agreed (clause 12) and failed to insure the premises as agreed (clause 15) whilst he remained in default of four installments of rent which expired respectively on the 16th April, 2020; 16th July, 2020; 16th October, 2020; and 16th January, 2021.
4. That according to clause 9 of the lease agreement above mentioned: 'Should the Lessee fail to pay the rent within ten (10) working days of the Due Date, the Lessor will have the right to terminate this agreement immediately, without warning and without prejudice to the Lessor's claims for any due payment or compensation due as hereunder delineated. A 'Late Payment Penalty' of one hundred euro (€100.00) per day will start to accrue with effect from the Due Date if rent is not paid in full within ten (10) working days of the Due Date'.
5. The applicant solicited several times the respondent to abide with his obligations, including by means of a legal letter dated 23rd June, 2020, and 28th October, 2020, and by means of a judicial letter of the 16th November, 2020, but he did not answer to these solicitations, whilst he continued persisting with his defaults;
6. As a result, by means of a letter dated 24th February, 2021, the applicant warned the respondent that it was immediately terminating the lease, whilst it solicited him to pay the rent arrears for the sum of €18,240, the balance of rent due €6,240 for the remaining time di fermo, the penalties of €6000 due because of the early termination of lease, and the penalties for the delay in payment of the lease amounting to €70,700 whilst he had to make good all the damages and losses which he caused to the applicant, in breach of his obligations in terms of the lease as listed above;
7. Till today the respondent is still occupying the premises let to him in Floriana and this without any rights and abusively and he did not pay any amount from the amount due.
8. There are all the elements prescribed by the provisions of Article 16A of the Reletting of Urban Property Regulation Ordinance (Cap. 69) so that the request of the applicant for the eviction of the respondent from the premises mentioned and for the payment of the expired and due rent be decided without proceeding to a hearing because as far as the applicant knows the respondents have no defences to bring against these requests.
Thus, subject to any declaration that this Board deems fit, the applicant respectfully requests that for the reasons above mentioned, this Board should:
i. Decide these requests without proceeding to trial in terms of Article 167 of the Code of Organisation and Civil Procedure (Cap. 12);
ii. Condemn the respondent so that within a short and peremptory time that is fixed by this Court, evicts from the premises officially marked with number 67 in Triq il-Kapuċċini, Floriana and releases its vacant possession in favour of the applicant.
iii. Declares that the respondent breached his obligations in terms of the lease in favour of the applicant, as stipulated in the said lease agreement dated 16th October, 2018, amongst them he failed to pay the rent, failed to get the building permits within a year from the date of the contract, failed to make the necessary works agreed within one year and a half, and failed to use the leased premises for the reasons agreed and failed to insure the premises as agreed.
iv. Consequently condemn the respondent to pay the applicant the total amount of €101,180 or any other amount, due by him as arrears of rent and penalties according to the agreement of lease dated 16th October ,2018.
With costs including those of the legal letters dated 23rd June, 2020; 28th October, 2020; and 24th February, 2021, and the judicial letter 16th November, 2020, and with legal interest from the said date of the 16th November, 2020, against the respondent who is from now summoned so that a reference to his oath be made.
Reserving any other competent action to the applicant for the liquidation and payment of damages that the applicant incurred as a result of the respondent's fault.
Applicant; BG Invest Ltd, 75, Triq Annibale Preca, Ħal Lija
Respondent: Arthur Victor Ebejer, 38, Triq Carmelo Schembri, Mosta
The application in the names BG Invest Ltd vs Arthur John Ebejer Application number 41/2021MV has been postponed for hearing to the 2nd July, 2021, at 10.20 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 890
890By means of a decree given, by the Civil Court First Hal, on the 28th January, 2021, by this Court (GM) in the records of the Sworn Application in the names HSBC Bank Malta plc vs Francois Zammit, Application Number 864/2020 GM, the following publication was ordered for the purpose of service of the respondents Francois Zammit and Claudette Zammit, in terms of Article 187(3) et sequitur of Cap. 12. This application was deferred for hearing from the sitting of the 14th June, 2021.
By means of a Sworn Application, filed, in the First Hall Civil Court, in the names HSBC Bank Malta plc (C3177) vs Francois Zammit (ID 330378M) and Claudette Zammit (ID 133979M) on the 29th September 2020, the applicant Bank asked this Honourable Court,
1. to declare that the respondent did not honour the payments agreed and thus forfeited the benefit of time, declare that the respondents are debtors of the applicant Bank in the total amount of euro 168,360.38 capital and as for euro 45003.21 in interests calculated as explained in the application at 8% yearly from that day onwards till the 16th September, 2020, with further interests and condemn the respondents to pay the amounts above demanded.
With costs as demanded in the application against the respondents summoned so that a reference to their evidence be made and with further interest according to law till the date of effective payment.
The Sworn Application in the names HSBC Bank Malta plc vs Francois Zammit, Application number 864/2020 M, has been deferred for hearing to the 12th July, 2021, at 9.50 a.m.
App: HSBC Bank Malta p.l.c, 32, Triq il-Merkanti, Valletta
Respondents: Francois Zammt, Kamie, Triq il-Lvant, Żejtun
Claudette Zammit, Kamie, Triq il-Lvant, Żejtun
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 891
891By means of a decree given, by the Civil Court (Family Section) on the 13th May, 2021, in the records of the Letter 1593/18, in the names Amy Cutajar vs Luke Abela, the following publication was ordered for the purpose of service of the respondent Luke Abela, in terms of Article 187(3) et sequitur of Cap. 12.
By means of an Application, presented, in the Civil Court (Family Section)in the records of the Letter Number 1593/18, in the names Amy Cutajar vs Luke Abela, on the 2nd October, 2020, the applicant Amy Cutajar (KI70392M) respectfully pleaded,
1. That the interpellant was in a relationship with the respondent from which relationship the minor … omissis … was born on the 4th February, 2012, and which relationship finished;
2. That the interpellant filed a letter for the commencement of mediation in order that the parties regulate maintenance, access and other needs related with the minor … omissis …;
3. That in fact unfortunately the mediation did not leave much results and this because on various occasions the respondent was failing to attend;
4. That due to these facts the interpellant since the birth of the minor … omissis … had to shoulder a lot of the responsibility.
Thus, in view of that brought forward in the application the interpellant humbly prays this Honourable Court so that pendente lite.
1. It orders that the respondent pay maintenance for the minor Xavier Abela and this to be liquidated by this Honourable Court;
2. Order that the respondent has access to the minor and this during the days and times decided by this Honourable Court.
Notify: Luke Abela, 23, Amphora, Flat 2, Triq it-Tuffieħ, Naxxar
Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals
Notice 892
892ARB/C057/2020 VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 4th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 644/2020, in the case:
The Republic of Malta
Versus
DARREN DEBONO;
JEFFREY CHETCUTI;
WORLD WATER FISHERIES LIMITED, with Maltese registration number C24129 and registered address at 22, Triq tal-Mensija, San Ġwann, Malta.
ANDREA MARTINA LIMITED;
MARIE DE LOURDES COMPANY LIMITED;
AND
COAST LIMITED;
The Court APPOINTS Mr Reuben Buttigieg to act as an administrator, thus having the right to sell and trade in the ordinary management of the company affected by the freezing order which was ordered by the Court of Magistrates (Malta) as a Court of Criminal Inquiry through the decree dated 24th November, 2020.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Rachel Montebello, LLD) on the 24th November, 2020, which was published in the Government Gazette on the 1st December, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to DARREN DEBONO, JEFFREY CHETCUTI, WORLD WATER FISHERIES LIMITED, ANDREA MARTINA LIMITED, MARIE DE LOURDES COMPANY LIMITED, and COAST LIMITED.
Acting Director, Asset Recovery Bureau
Notice 893
893ARB/C025/2020 VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 2nd June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech, LLD). Compilation Number 394/2020 in the case:
The Police
(Inspector Lianne Bonello)
Versus
ALDO CUTAJAR, public officer, 57 years, son of the late John and Maria Carmela née Cremona, born in Ħ'Attard, Malta, on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 297364M.
ISABEL CUTAJAR;
AND
GEMINI DESIGNS STUDIOS LIMITED.
The Court AUTHORIZED the accused ALDO CUTAJAR to receive the monthly amount of eight hundred euro (€800) which is due to him as salary, from the bank account held in his name ending -1017 at Bank of Valletta plc. It must be confirmed that this amount is being deposited in the bank account held in his name ending -1017 at Bank of Valletta plc. and thus can be withdrawn by the accused.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD), on the 16th August, 2020, which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD), on the 24th August, 2020, which was published in the Government Gazette on the 27th August, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ALDO CUTAJAR, ISABEL CUTAJAR and GEMINI DESIGNS STUDIOS LIMITED.
Acting Director, Asset Recovery Bureau
Notice 894
894ARB/C038/2021, SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 11th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 346/2021, in the case:
The Republic of Malta
Versus
CHARMAINE ZAMMIT, 42 years, daughter of Lorenzo Catania and Carmela Catania née Micallef, born in Tal-Pietà, Malta, on the 13th August, 1978, residing at Ent. D, Fl 3, Triq Widnet il-Baħar, Żurrieq, and holder of Maltese identity card bearing number 366378M.
RYAN FARRUGIA, 26 years, son of Stephen and Shirley-Maria née Grech, born in Tal-Pietà, Malta, on the 14th May, 1995, residing at 18, Shir Steph, Triq Nikol Baldacchino, Ħal Qormi, and holder of Maltese identity card bearing number 212295M.
AND
SHIANNE ZAMMIT, 26 years, daughter of Eric and Charmaine née Catania, born in Pietà, Malta on the 13th June, 1995, residing at 18, Shir Steph, Triq Nikol Baldacchino, Ħal Qormi, and holder of Maltese identity card bearing number 253195M.
ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to CHARMAINE ZAMMIT, RYAN FARRUGIA and SHIANNE ZAMMIT and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.
ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to CHARMAINE ZAMMIT, RYAN FARRUGIA and SHIANNE ZAMMIT and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
Any person who acts in contravention of the court order as mentioned in Article 36, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
Acting Director, Asset Recovery Bureau
Notice 895
895ARB/C039/2021, NEW FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 14th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Ian Farrugia, LLD). Compilation Number 111/2021, in the case:
The Police
(Inspector Shaun Frigġieri)
(Inspector Joseph Xerri)
Versus
ETIENNE CIANTAR, works in construction, 38 years, son of Anthony and Antonia née Camilleri, born in Tal-Pietà, Malta, on the 13th October, 1982, residing at 26, Triq il-Battaljun, San Ġwann, and holder of Maltese identity card bearing number 577482M.
ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to ETIENNE CIANTAR and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court AUTHORIZED the said accused to receive the amount authorized by law in terms of Article 5 (1) (b) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where he is perceiving this money.
Any person who acts in contravention of the court order as mentioned in Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
Acting Director, Asset Recovery Bureau
Notice 896
896ARB/C040/2021, NEW FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 14th June, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD). Compilation Number 324/2021, in the case:
The Republic of Malta
Versus
ANTOINE sive ANTHONY CARUANA, employee, 55 years, son of the late Joseph and Gaetana née Scicluna, born in Tal-Pietà, Malta, on the 19th September, 1965, residing at 30, Begonia, Triq iċ-Ċezalpina, Birkirkara, and holder of Maltese identity card bearing number 456565M.
ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to ANTOINE sive ANTHONY CARUANA and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.
The Court AUTHORIZED the said accused to receive the amount authorized by law that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, after the accused indicates with a note from where they are perceiving this money.
Any person who acts in contravention of the court order as mentioned in Article 5 and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.
Acting Director, Asset Recovery Bureau
Notice 897
897ARB/C006/2021, VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 5th May, 2021, given by the Criminal Court (Hon. Madam Justice Edwina Grima, LLD). In the case:
The Republic of Malta
Versus
SUNDAY IKECHUKWU EBOH;
COLLINS EGUAVOEN;
ALEXANDRA PACE;
MARVIS IYEKE;
AND
TONY OGBONNA ANUFORO, security guard, 34 years, son of the late Augustine and Tessie, born in Nigeria on the 14th July, 1986, residing at Bluewaters Suites, Fl 6, Triq Gulju, San Pawl il-Baħar, and holder of Maltese identity card bearing number 147663A.
The Court AUTHORIZES the accused TONY OGBONNA ANUFORO to withdraw from his bank account with HSBC Bank Malta plc those sums of money which represent any salary, wages, pension and social security benefits payable to the accused which sums must not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD), on the 8th February, 2021, which was published in the Government Gazette on the 15th February, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Sunday Ikechukwu Eboh, Collins Eguavoen, Alexandra Pace, Marvis Iyeke, and TONY OGBONNA ANUFORO.
Acting Director, Asset Recovery Bureau
Notice 898
898ARB/C025/2020 VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 26th April, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella M. Frendo Dimech, LLD). Compilation Number 394/2020, in the case:
The Police
(Inspector Lianne Bonello)
Versus
ALDO CUTAJAR, public officer, 57 years, son of the late John and Maria Carmela née Cremona, born in Ħ'Attard, Malta, on the 28th May, 1964, residing at 345, Yintai, Triq San Pawl, Naxxar, and holder of Maltese identity card bearing number 297364M.
ISABEL CUTAJAR
AND
GEMINI DESIGNS STUDIOS LIMITED, with Cypriot registration number HE370617 and registered address at Grigori Afxentiou 11 Centro Imperio 0201, Messa Geitonia, Limassol, Cyprus, 4003.
The Court AUTHORIZED that payment due to Charles Marble and Granite Works in the amount of three thousand, nine hundred and twenty-eight euro and thirty-two cents (€3,928.32), is paid from the bank account listed in the name of the accused ending -1017 held at the Bank of Valletta plc.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Josette Demicoli, LLD), on the 16th August, 2020, which was published in the Government Gazette on the 21st August, 2020, and following the extension of the freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD), on the 24th August, 2020, which was published in the Government Gazette on the 27th August, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ALDO CUTAJAR, ISABEL CUTAJAR and GEMINI DESIGNS STUDIOS LIMITED.
Acting Director, Asset Recovery Bureau
Notice 899
899ARB/C036/2020 VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 4th June, 2021, given by the Criminal Court (Hon. Madam Justice Consuelo Scerri Herrera, LLD). In the case:
The Police
(Inspector Omar Zammit)
(Inspector Geoffrey Cutajar)
Versus
DANYAL QADAR DAD TARAR, volunteer, 42 years, son of the late Chaudhry Imdad Ullah Tarar and the late Azra Imdad Tarar née Maiorana, born in Valletta, Malta on the 1st January, 1979, residing at 2, Dingli Mans, Flat 6, Triq Sir Adrian Dingli, Tas-Sliema, and holder of Maltese identity card bearing number 379809L
The Court AUTHORIZES the transfer of the vehicle which is registered on the accused and which was sold to third parties as per the sworn application submitted to the Court dated 14th May, 2021. That this transfer is carried out under the condition that the sum deposited remains so deposited with Bank of Valletta plc as per the terms of the freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry on the 24th of September, 2020.
This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD), on the 24th September, 2020, which was published in the Government Gazette on the 29th September, 2020 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to DANYAL QADAR DAD TARAR.
Acting Director, Asset Recovery Bureau
Notice 900
900ARB/C031/2020 VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 30th April, 2021, given by the Criminal Court (Hon. Madam Justice Edwina Grima, LLD). In the case:
The Police
(Inspector Joseph Mercieca)
Versus
JOSEPHINE FARRUGIA MIFSUD, lawyer, 42 years, daughter of the late Andrew Farrugia and Mary Farrugia née Borg, born in Pietà, Malta, on the 29th October, 1978, residing at 5, Pietra, Triq l-Inbid, Ħ'Attard and holder of Maltese identity card bearing number 518278M.
The Court AUTHORIZES the accused to pay the debts due to the Bank of Valletta plc as per the application submitted to the Court dated 29th April, 2021, of the amount of three thousand, three hundred and thirty-four euro and ten cents (€3,334.10), and this provided that the accused indicates by means of a note from which money this debt will be paid.
This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Astrid May Grima, LLD) on the 10th September, 2020, which was published in the Government Gazette on the 15th September, 2020, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to JOSEPHINE FARRUGIA MIFSUD.
Acting Director, Asset Recovery Bureau
Notice 901
901By means of a decree of the 24th May, 2021, of the Rent Regulation Board, in the records of the Application in the names Mt Blanc Ltd vs Antonia sive Antoinette Scerri, Application number 69/2021SG, the following publication was ordered for the purpose of effecting service on the respondent Antonia sive Antoinette Scerri 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 Mt Blanc Limited (C9310) vs Antonia sive Antoinette Scerri (ID 0041759M) filed before the Rent Regulation Board on the 24th March, 2021, the applicant company MT Blanc Limited submitted with respect:
That the applicant company is the owner of the property that is the apartment with address number 8 in a block of apartments named Christie in Triq l-Isqof Caruana, Msida.
On the 9th August, 1989, the applicant company gave by means of temporary emphyteusis the premises above mentioned for a period of 21 years to Joseph Mary Filletti and his wife Maria née Buhagiar and this in the acts of Notary Public Doctor Mario Rosario Bonello.
By means of a contract dated 28th October, 2004, in the acts of Notary Public doctor Joseph Henry Sciriha, the same Joseph Mary Filletti and his wife Maria Filletti sold and transferred together and in solidum between them the temporary utile dominium for the rest of the period which remained of the emphyteutical concession of 21 years which started from the 14th March, 1990, the apartment above mentioned to the respondent Antonia sive Antoinette Scerri.
With the termination of the concession, the applicant company was forced by means of article 12 of Cap. 158, to convert the emphyteusis into a protected lease from the 15th March, 2011. The rent today is that of €1,329.72.
That without prejudice to any right of the applicant to challenge the constitutional validity of articles 12 and 12B in Cap. 158, she is bringing this application forward in order to carry out the means test, and in case that the respondent meets the criteria of income and the capital of the means test, request that the rent be reviewed and to establish new conditions in relation to the lease. It is therefore stated that this action is being taken without prejudice to any constitutional proceeding that may be taken by the applicant to challenge the constitutional validity of articles 12 and 12B of Cap. 158 of the Laws of Malta, and to claim any pecuniary and non-pecuniary damages for previous, present and future breaches and for any other action, the rights in which regard are being reserved.
Thus, the respondent should state why this Honourable Board should not, subject to any further necessary and opportune declaration:
1. Order that the means test of the respondent is carried out in accordance with article 12B(3)(iii) of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgement;
2. If the respondent does not meet the criteria of income and capital of the means test, order the respondent to vacate the premises de quo within a reasonable time, with compensation as provided in article 12B(4) of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgement;
3. Provided that the respondent, meets the criteria for income and capital of the means test, orders that the rent be reviewed and that new conditions be established in respect of the rent, in terms of article 12B of Cap. 158 of the Laws of Malta, or that applicable on the date of the final judgement.
With costs against the respondent, who is hereby summoned so that a reference to his oath be made and without prejudice to any constitutional proceedings which may be instituted by the applicant to challenge the constitutional validity of Articles 12 and 12B of Cap. 158 of the Laws of Malta, and to claim pecuniary and non-pecuniary damages for any past, present and future breach and any other action, the rights in respect of which are being reserved.
Applicant: Mt Blanc, Old Railway Avenue, Ħal Balzan
Notification: 8, Christie, Triq l-Isqof Caruana, Msida
Housing Authority
The application in the names Mt Blanc Ltd vs Antonia sive Antoinette Scerri, Application number 69/2021SG, has been postponed for hearing to the 14th July, 2021, at 10.40 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 902
902By means of a decree of the 31st May, 2021, in the records of the judicial letter number 1785/2021, in the names Thynk Software vs Media Plan Malta Limited, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent company in terms of Article 187(5) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Media Plan Malta Limited (C77701) carrying on trade under the name Spinola Gaming of 120, Old Railway Track, Santa Venera, Malta.
Media Plan Malta Limited (C77701) carrying on trade under the name Spinola Gaming of 30, Kenilworth, Flat 03, Sir Augustus Bartolo Street, Ta' Xbiex XBX 1093, Malta.
By means of this present company THYNK Software of ATL Business Centre, Suite 1, 89, Canon Road, Santa Venera, Malta (C62113) makes reference to clauses 12.1.1 and 12.1.2 of the agreement reached between you on the 31st May, 2018, and amended by means of an addendum dated 20th December, 2018. By means of this present the interpellant company formally informs you that, for all effects and purposes of law, with immediate effect it is terminating the same agreement and this because you repeatedly breached and you are still breaching your contractual obligations arising from the agreement mentioned. You failed to make the payments due to the interpellant company for the services provided to you. Although you were solicited several times to abide with the obligations assumed by you on this agreement and make the necessary payments due you remained in default. By means of this letter, the interpellant formally informs you that it is no longer going to render any services emerging from this agreement. You are also warned so that from the day of the filing of this judicial letter you stop using the software given to you in terms of the agreement above mentioned because by means of this present letter, the agreement between the parties is being terminated as a result of your contractual failures.
Finally, by means of this judicial letter the interpellant company is soliciting you so that by not later than one week of the present judicial letter you pay the total amount of €35,400.00 besides the legal and commercial interest accrued ipso jure. The amount represents the payments due for services rendered to you by the interpellant company on your request till the end of March 2021. With due reservation for all the payments due for services rendered for the month of April 2021 and also legal and commercial interest accrued ipso jure.
In the event that by the time given to you by the interpellant company lapses without your complying with the solicitation herein contained, it will have no alternative by to take the opportune legal procedures against you.
This letter is being sent in terms of article 889 et sequitur of Cap. 12 and also in terms of article 2128 of Cap. 16 of the Laws of Malta.
Thus, so that you are informed, and to regulate yourself and avoid further useless costs.
With costs of this procedure and reserving the costs of the warrants that might be filed against you.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 903
903By means of a decree of the 6th January 2018, in the records of the judicial letter number 2644/2018, in the names Paul & Rocco (Gżira) Limited vs Claire (Frances Claire) Farrugia, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Claire (Frances Claire) Farrugia (ID 164675M), Binja Preziosi, Ent. A, Fl 6, Pjazza Sir Luigi Preziosi, Floriana
By means of this present, the company Paul & Rocco (Gżira) Limited (C-2661) that is found at Paul & Rocco Service Station, Triq l-Imsida, Gżira, solicits you so that within five (5) days from the date of this letter you pay the amount of €3259.77 representing the remaining balance due according to the terms of the bill of exchange here attached and for services provided by the interpellant company, and which bill of exchange matured on the 28th July, 2014.
The same interpellant warns you that if you fail to abide with the above mentioned, the interpellant company will proceed for the execution of the said bill of exchange in terms of Article 253(e) of Cap. 12 of the Laws of Malta.
For all the effects and purposes of law, you are being informed that in terms of Article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the date of notification of this judicial letter you file an application to oppose the execution of the said bill of exchange.
So much so you know how to proceed and regulate yourself. With costs, including of this present and with legal interest till the date of effective payment.
This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 904
904By means of a decree of the 15th April, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1707/2020 in the names No Deposit Cars Malta Limited vs Ahmed Mohamed the following publication was ordered for the purpose of effecting service on the respondent Ahmed Mohamed in terms of Article 187(3) et sequitur of Cap. 12.
In the Court of Magistrates (Malta)
To Ahmed Mohamed (ID 120673A) of Allison Flat, Flat 1, Triq San Ġwann, Birżebbuġa
By the present, No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, San Ġiljan, is hereby executing and enforcing the following bills of exchange, which bills of exchange are of the total amount of €900 (a copy of which bills of exchange is being herein attached and marked as Doc. 1), which bills of exchange have been signed by virtue of the Hire and Purchase agreement dated 13th May, 2020, between the parties (a copy of which is being herein attached and marked as Doc. 2) and are as follows:
1. Bill of exchange number 1 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 13th May, 2020, and which sum has to date not been paid;
2. Bill of exchange number 2 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 13th June, 2020, and which sum has to date not been paid;
3. Bill of exchange number 3 in the amount of €300 issued by the defendant in favour of the company, which bill of exchange was due on the 13th July, 2020, and which sum has to date not been paid;
This judicial letter is being notified to you in accordance with Article 253(e) of Cap. 12 of the Laws of Malta and if you do not oppose the execution of the above bills of exchange within twenty (20) days from notification of the judicial letter by means of an application filed in the acts of the present judicial act, this judicial letter shall be rendered an executive title against you and therefore the credit being claimed by the Company shall become immediately executable.
Notwithstanding that you have been requested to pay the above bills of exchange in terms of the Payment Schedule (herewith attached and marked as Doc. 3) by means of the statement of account (herewith attached and marked as Doc. 4) you have nonetheless remained in default and therefore the company had to resort to filing this judicial letter against you.
In default the applicant company shall proceed further against you without further notice to enforce its executive title.
With expenses and legal interest from the expiration of the bills of exchange until effective date of payment.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 905
905By means of a decree of the 10th May, 2021, in the records of the judicial letter number 107/2021, in the names United Acceptances Finance Ltd vs Jon Gretar Gudmundsson, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) et sequitur of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Jon Gretar Gudmundsson (passport number A3174781) of 235, Emkyle Crt, Fl 10, Triq il-Gross, Marsaskala, on the 14th January, 2021, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to forty two (42) bills of exchange from the account number 0307030328 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexxed and marked Documents 1 to 42.
The interpellant calls upon so that within two day you pay the sum of €12,810 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.
In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.
So much so that you may know how to regulate yourself.
You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.
This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 906
906By a decree of the Administrative Review Tribunal of the 25th May, 2021, in the acts of the procedures in the names Roberta Garzia vs Ministry of Finance and Commissioner for Revenue Application Number 96/14VG, the publication of the decisory part of the judgement handed down on the 5th December, 2019, was ordered for the purpose of effecting service in terms of Article 187(3) Cap. 12 of the Laws of Malta, to serve as notification on Roberta Garzia in terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the of the Laws of Malta.
For these reasons the Tribunal determines and decides by accepting the defence of the Minister of Finance and the Commissioner for Revenue in terms of Article 48(5) of Cap. 406 of the Laws of Malta and declares the applicant is precluded from, during the appeal stage where the merits will be heard, submitting and exhibiting those documents requested from her by the Commissioner for Revenue in a letter dated 21st March, 2014, and which were not submitted by her at that stage and these namely the purchases ledgers for the period from the 01.08.12-31.10.12, the relative invoices for the capital expenditure and the figures of the closing stock.
The Tribunal reserves the right to decide regarding the costs in the final judgement on the merits.
In terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta orders that a copy of this judgement be notified to the applicant.
The case was postponed sine die on the 4th December, 2020.
Notification: Roberta Garzia (ID 0470788M)
Alexandra Debattista
For the Registrar, Courts and Tribunals
Notice 907
907By a decree of the Courts of Magistrates (Malta), of 18th February, 2021, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Courts of Magistrates (Malta) on an application of Carmel Chircop it was ordered the selection of Deputy Curators to represent the unknown heirs of Eligia Mayor in the schedule of deposit number 427/2021 and in other relative and subsequent acts whereby Carmel Chicop (ID 431759M) requested:
That he rents the room with number 10/1 in Toni Bajada Lane, Valletta, for the rent of €46.60 per year from Eligia Mayor, today deceased;
That today the rent due is that for the period of two years in the amount of €93.20;
That the heirs of Eligia Mayor are unknown and nobody came to take the rent due;
Thus, the applicant is requesting this Honourable Court and under its authority is depositing the amount of €50.65 that together with the amount of €42.55 costs of this presents amount to €93.20 representing the rent due for the premises above mentioned for the period mentioned, so that it will be freely withdrawn by the respondents after leaving the relative receipt according to law.
Applicant: Carmel Chircop 84, Triq il-Merkanti, Valletta
Notification: Deputy Curators, Law Courts, Valletta
You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.
You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.
After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.
Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Marseann Farrugia, Doctor of Laws, Magistrate of the above-mentioned Court.
Alexandra Debattista
For the Registrar, Courts and Tribunals
Notice 908
908Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 30th March, 2021, following a request by R Abela Limited it was ordered that deputy curators be chosen to represent the unknown direct owner or owners in the acts of the schedule of deposit number 583/2021 in the names R. Abela Limited et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 30th March 2021, in the names R. Abela Limited (C65767), Joseph Vella (ID 538833M), Anthony Vella (Income Tax Number 885359807), Maria Carmela sive Mary Carmen Spence (Income Tax number 885359708), Ludgarda Vella (ID 458347M), Maryse Vella (Income Tax Number 889128909), Pierre Jean Marc Vella (Income Tax Number 889129016), Jacques Vella (Income Tax Number 890104431), Nicole Carmona (Income Tax Number 889128810), Carmela Vella (ID 461532M), Cristina Grima (ID 469243M), Raymond Vella (ID 412063M), Marlene Gouder (ID 500066M), Joseph Vella (ID 52262M), Mary Jane Vella (ID 30140G), Saviour Fenech (ID 767035M), Carmen Bartolo (ID 665737M), Anne Fenech (ID 274644M), Carmel Vella (ID 385250M), Catherine Vella (ID 437448M), Emanuel Vella (ID 201655M), Alfred Vella (ID 499452M), Maria Attard (ID 187117L), Joseph Fenech (Income Tax Number 890098828), Carmen Grima (Income Tax Number 890098927), Andrew Fenech (Income Tax Number 890099826), Raymond Fenech (Income Tax Number 890102930), Elizabeth Fenech (Income Tax Number 890102831) vs Deputy Curators to represent the unknown direct owner or owners, the applicants R. Abela Limited et respectfully submitted:
That the applicants are the owners of the premises that is the house with official number 53/55 in Triq il-Kbira, Mellieħa, with two doors on Triq Snajjin, numbered 1/3 which property is better described on the site plan here attached and marked as Doc. RA1;
And also the property above mentioned is built on part of small portion of land which is subject to the annual and perpetual groundrent of €0.87;
That the applicants wish to avail themselves from the option given to them in terms of Article 1501 of the Civil Code and redeem the groundrent above mentioned;
The applicants do not know to whom this canone is due and thus it is not being paid;
That together with this schedule of deposit the applicants are filing an application for the nomination of deputy curators to represent the interest of the unknown direct owners or their successors in title;
That the annual and perpetual groundrent of €0.87 capitalised with the rate of 5% amounts to €17.40;
That the applicants wish to pay five (5) years groundrent and that is the amount of €4.35 whislt they are also paying the laudemium in the amount of €0.87.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority is depositing the total amount of €22.62 which amount will be freely withdrawn by the respondents after leaving the relative receipt according to law,
notification: 1) Director of Public Registry, Triq id-Dejqa, Valletta
2) Deputy Curators, Law Courts, Valletta
You are therefore ordered to affix an official copy of these banns 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 these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Robert G. Mangion, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 909
909Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 19th April, 2021, following a request by Monica Zammit et it was ordered that deputy curators be chosen to represent the unknown heirs of the late Giovanni Coleiro, Giovanni Cuschieri and George Cassar Desain in the records of the schedule of deposit number 605/2021 in the names Monica Zammit et vs Deputy Curators and the Government of Malta and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court, in the names Monica Zammit, widow of Joseph Zammit daughter of the late Victor Pace and Violet Pace née Schembri, born in Tas-Sliema and residing at Edelweiss, Vjal De Paule, Ħal Balzan, housewife (ID 53837M) and Victoria Falzon née Zammit wife of Paul Falzon daughter of the late Joseph Zammit and Monica Zammit née Pace, born in Tas-Sliema and residing at Apt 3, Trinidad Court, Main Street, Ħal Balzan, personal assistant (ID 613558M) and Patricia Calleja née Zammit wife of Roger Calleja daughter of the late Joseph Zammit and Monica Zammit née Pace, born in Tas-Sliema and residing at Southridge Block E, Flat 61, Triq id-Deru, Mellieħa, administrator (ID 85562M) and Simone Zammit, daughter of the late Joseph Zammit and Monica Zammit née Pace born in Tas-Sliema and residing at Edelweiss, Vjal De Paule, Ħal Balzan, housewife (ID 218166M) and Anthony Vella, widower of Anna Vella née Zammit son of John Mary Vella and the late Angela Vella née Piscopo, born in Tal-Pietà and residing at 28, Triq Toni Zahra, Żejtun, retired (ID 808755M) vs Deputy Curators to represent the unknown heirs of the late Giovanni Coleiro, Giovanni Cuschieri and George Cassar Desain and the Government of Malta as the successor of the defunct company Coleiro Brothers Limited (C466) , on the 6th April, 2021, whereby the applicants Monica Zammit, Victoria Falzon, Patricia Calleja, Simone Zammit and Anthony Vella in terms of Article 1501 of Cap. 16 of the Laws of Malta respectfully submitted:
That the applicants are the owners of the premises 'Edelweiss' located at Vjal De Paule in Ħal Balzan. This was inherited from the late Joseph Zammit who had acquired the property through the contracts referred to in this schedule of deposit.
By means of a public contract dated 20th February, 1964, in the records of Notary Francis Micallef , Mary widow of Joseph Caruana Montaldo and the brothers Oscar and Walter Caruana Montaldo granted by way of perpetual sub-emphyteusis to Joseph Zammit, Joseph and Norman Pace the following property:
“the developable plot of land measuring about 197.64 square canes within the limits of Ħal Balzan in the limits of San Anton, bounded on the East with property of Emmanuel Azzopardi on the West with the property of the Canon Magri and from the South with property of Francesco Pace, according to the attached plan document X under following terms and conditions:
1. For the annual and perpetual groundrent of 13s0d per square cane amounting to £128.9.4d starting from the date of the deed, payable annually in arrears …".
A copy of this contract is here attached and marked as Doc. A. On this land, two houses were built; one of them the one name 'Edelweiss', the house owned by the applicant and which Joseph Zammit acquired in its entirety through the contract in the records of Notary Giuseppe Sammut dated 3rd April, 1973. By this contract, Joseph Zammit acquired the remaining two thirds of the premises 'Edelweiss' whereby:
“By virtue of this contract, the plaintiffs Joseph and Norman brothers Pace together and in solidum are selling and transferring to the plaintiff Joseph Zammit who agrees to buy and acquire two thirds undivided share of the perpetual subutile dominium and improvements of the house known as 'Edelweiss', Casal Balzan, Vjal De Paule without number, as subject to the annual and perpetual groundrent of sixty four Maltese liri and twenty three cents and three mills bounded on the West by the said road, from the South by property of Violet Pace and from the East by property of Joseph Pace. This sale is being made and accepted at a price of Lm2000 on the basis of Lm3000".
A copy of this contract and the site plan in question are being attached and marked as Doc. B and Doc. C respectively.
It results from the contracts that the amount of sixty four Maltese liri and twenty-three cents and three mills (equivalent to €149.64) consists not only of one groundrent but of a groundrent which is divided into a number of subgroundrents and the original groundrent as follows:
a) The annual and perpetual subgroundrent in the amount of €34.53 due as annual and perpetual subgroundrent to the heirs of Joseph, Oscar and Walter Caruana Montaldo and this as a result of the subgroundrent that was constituted by means of public deed dated 20th February 1964 in the records of Notary Francis Micallef between the brothers Joseph, Oscar and Watler Caruana Montaldo on one side and on the other Joseph and Norman Pace and Joseph Zammit;
b) The annual and perpetual subgroundrent in the amount of €60.54 due to the successors in title of Emmanuel Azzopardi and this as a result of the subgroundrent constituted by means of a public deed dated 2nd March, 1960, in the acts of Notary Joseph Vella Galea between Joseph, Oscar and Walter Caruana Montaldo on one side and Emanuel Azzopardi on the other;
c) The annual and perpetual subgroundrent in the amount of €11.51 due to the successors in title of Joseph Portelli and Anthony Sammut and this as a result of the subgroundrent that was constituted by means of a public deed dated 5th November, 1955, in the records of Notary Joseph Vella Galea between Joseph Portelli and Anthony Sammut on one side and Emmanuel Azzopardi on the other;
d) The annual and perpetual subgroundrent in the amount of €8.52 due to the successors in title of Joseph Fava and this as results from the subgroundrent that was constituted by means of a public deed dated 22nd March, 1952, in the acts of Notary Joseph Vella Galea between Joseph Fava on one side and Joseph Portelli and Anthony Sammut on the other;
e) The annual and perpetual subgroundrent in the amount of €26.93 due to the successors in title of Giovanni Coleiro in his own name and as Managing Director of Coleiro Brothers Limited, Giovanni Cuschieri and George Cassar Desain and this as a result of the subgroundrent that was constituted by means of a public deed dated 2nd May, 1950, in the records of Notary Joseph Spiteri between Giovanni Coleiro in his own name and as Managing Director of Coleiro Brothers Limited, Giovanni Cuschieri and George Cassar Desain on one side and Giovanni Magro on the other;
f) The annual perpetual groundrent in the amount of €7.61 due to the successors in title of Salvatore and Nicolina Pace and this as a result of the groundrent that was constituted by means of a public deed dated 4th September, 1936, in the acts of Notary Ettore Vassallo between Salvatore and Nicolina Pace on one side and Giovanni Coleiro, Giovanni Cuschieri and George Cassar Desain on the other.
By means of this schedule of deposit, the applicant wish to avail themselves from the option given to them by means of Article 1501 of Cap. 16 of the Laws of Malta and redeem the subgroundrent in the amount of €26.93 that was constituted by means of a public deed in the records of Notary Joseph Spiteri dated 2nd May, 1950 (a copy of the said contract is here attached and marked as Doc. D). The subgroundrent on the said portion of land has to be redeemed so that the amount due of the subgroundrent will be capitalised at the rate of 5%. Thus the amount of €26.93 due as subgroundrent to Giovanni Coleiro, Coleiro Brothers Limited, Giovanni Cuschieri and George Cassar Desain capitalised at the rate of 5% for the total of €538.60. Since the company Coleiro Brothers Limited is defunct, in terms of Art 325(2) of Cap. 386 the assets of the company had to pass to the Government of Malta.
Thus, the applicants are humbly requesting this Honourable Court and under its authority are depositing the amount of €538.60 the price of redemption of this annual and perpetual groundrent so that the amount will be withdrawn by the respondents after leaving the relative receipt according to law.
Notification: 1) Director of Public Registry
2) Deputy Curators
You are therefore ordered to affix an official copy of these banns 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 these banns, 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
Notice 910
910By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 27th May, 2021, Application number 855/2021, by Gabriella Schembari et whereby they requested that it will be declared open in favour of Maria Concetta Biomonte, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Gabriella Schembari and Marco Biomonte children of the decujus in the quota of one sixth (1/6) undivided share each one of them and in favour of Sara and Mattheo Schembri, children of the late Emanuela Schembri, the latter daughter of the decujus in the quota of one sixth (1/6) undivided share between them the Succession of Giuseppe Biomonte husband of Maria Concetta Biomonte, son of Biaggio Biomonte and Emanuela Paladino née Paladino, born in Tripoli, Libya, resided in San Pawl il-Baħar, Malta and died in Msida, Malta, on the 7th December, 2020, aged 77, and who held identity card number 0014750A.
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
Notice 911
911By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th May 2021, Application number 842/2021, by Antoine Cesare et whereby they requested that it will be declared open in favour of Antoine Cesare and Cynthia Cesare in the quota of one half (1/2) undivided share each one of them the Succession of their father Charles sive Carmel Cesare, legally seperated from Mary-Ann Ellul, son of the late Carmelo Cesare and Teresa Cesare née Tagliaferro, born in Tal-Pietà, Malta, resided in Fgura, Malta, and died in Msida, Malta, on the 11th March, 2021, aged 60, and who held identity card number 434760M.
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
Notice 912
912By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st May, 2021, Application number 875/2021, by Carmen (Maria Carmela) Pace Bezzina whereby she requested that it will be declared open in her favour in the quota of one half (1/2) undivided share and in favour of her son John Edgar Pace in the quota of one half (1/2) undivided share the Succession of her husband Jospeh Pace, husband of Carmen (Maria Carmela) Pace Bezzina, son of Edgar Pace and Nicolina Pace née Aquilina, born in Siġġiewi, Malta, resided in Siġġiewi, Malta, and died in Msida, Malta, on the 21st March, 2021, aged 60, and who held identity card number 0690560M.
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
Notice 913
913By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th May, 2021, Application number 872/2021, by Philip Felice et whereby they requested that it will be declared open in favour of Philip Felice, husband of the decujus in the quota of one half (1/2) undivided share and in favour of Rose Anna Camilleri and Bernardette Ellul Felice children of the decujus in the quota of one fourth (1/4) undivided share each one of them the Succession of Vincenza Felice, wife of Philip Felice, daughter of the late Philip Mascari and Victoria Mascari née Sulta, born in Marsa, Malta, resided in Ħaż-Żebbuġ, Malta, and died in Msida, Malta, on the 22nd September, 2020, aged 77, and who held identity card number 0148543M.
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
Notice 914
914By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st June 2021, Application number 881/2021, by Joseph Scicluna pro et noe whereby they requested that it will be declared open in favour of Joseph Scicluna, husband of the decujus in the quota of one half (1/2) undivided share and in favour of Maria-Teresa Franceschini Scicluna, Noel Scicluna and Marlene sive Maria Carmela Bottiglieri brothers and sisters Scicluna children of the decujus in the quota of one sixth (1/6) undivided share each one of them the Succession of Marija Scicluna, wife of Joseph Scicluna, daughter of the late Antonio Magri and Nazzarena Magri née Debattisa, born in Ħal Qormi, Malta, resided in Ħamrun, Malta, and died in Ħamrun, Malta, on the 18th December, 2020, aged 80, and who held identity card number 0128240M.
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
Notice 915
915By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 31st May, 2021, Application number 877/2021 by Tarcisio Baldacchino et whereby they requested that it will be declared open in favour of Tarcisio Baldacchino, Joseph Baldacchino, Helen Baldacchino and Mary Rose Grixti in the quota of one fourth (1/4) undivided share each one of them the Succession of their sister Lorenza Baldacchino, unmarried, daughter of the late Anthony Baldacchino and Antonia née Micallef, born in Żejtun, Malta, resided in Żejtun, Malta, and died in Żejtun, Malta, on the 9th April, 2020, aged 71, and who held identity card number 0712648M.
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