Court Notices published in Govt. Gazette No. 20,781 of 8th February 2022

By means of a decree of the 10th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Doctor Nazzareno Azzopardi et vs Mario Zarb et, Application number 697/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Mario Zarb 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 Doctor Nazzareno Azzopardi (ID 136938M), Margaret Ebejer (ID 137238M) and Salvina sive Sylvia Ebejer (ID 248146M), Salvatore Fenech (ID 410450M) and Mario Fenech (ID 293554M), David Fenech (ID 32863M), Frank Fenech (ID 707751M), Rose Muscat (ID 682355M), Alex Fenech (ID 618963M), Alfred Fenech (ID 122846M), Jane Azzilla (ID 455748M), Paul Fenech (ID 136585M), Salvatore Fenech (ID 52156M), Rose Borg (ID 715050M), Carmen Fenech (ID 449244), Miriam Grech (ID 778640M), Carmen Grech (ID 249242M) and Maria Concetta Grech (ID 828845M) vs Mario Zarb (KI 720958M) and Housing Authority filed in the Rent Regulation Board, on the 1st October 2021, the applicant Doctor Nazzareno Azzopardi (ID 136938M) requested this Honourable Board why it should not:

1. Order that the means test of the respondent Mario Zarb (ID 720958M) in terms of Act XXIV of 2021 and in terms of Article 11(b)(5) of the Housing Act, be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and which means test has to be carried out with particular reference, inter alia to the regulations 4 till 8 set out in the Rule of the Continuation Tenancies (Means Testing Criteria) that has to be applied mutatis mutandi in this case;

2. Declare and decide that in accordance with Act No XXIV of 2021, the rent of the premises 1, Triq il-Kbira, Ħal Lija, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease if the case may be;

3. Order and condemns the respondent Mario Zarb (ID 720958M) start paying the said increased rent in terms of Act XXIV of 2021 with immediate effect from the date of the filing of this application;

4. Orders that in the event that the respondent Mario Zarb (ID 720958M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the said premises within a short and peremptory time established by this Board by not later than two (2) years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be filed.

Applicant : Doctor Nazzareno Azzopardi (ID 136938M),  190, Triq Annibale Preca, Ħal Lija

Margaret Ebejer (ID 137238M) and Salvina sive Sylvia Ebejer (ID 248146M), 28, Sacro Cuor, Triq N. Cottoner, Ħal Lija

Salvatore Fenech (ID 410450M) and Mario Fenech (ID 293554M), 77, Vella Edwige, Triq is-Sienja, Ħ'Attard

David Fenech (ID 32863M), 3, Cefa, Triq il-Faqqiegħ, Ħ'Attard

Frank Fenech (ID 707751M), Brambodie, Triq il-Linja, Ħ'Attard

Rose Muscat (ID 682355M), 20, Lavander Lodge, Triq Pawlu Borg, Ħ'Attard

Alex Fenech (ID 618963M), 31, Triq Giuseppe Calì, Ħal Lija

Alfred Fenech (ID 122846M), 78, Denika, Triq tal-Mirakli, Ħal Lija

Jane Azzilla (ID 455748M), 173, Main Street, Ħal Lija

Paul Fenech (ID 136585M), 6A, Maria Bambina, Triq il-Pruna, Ħ'Attard

Salvatore Fenech (ID 52156M), 145, Triq l-Imrieħel, Birkirkara

Rose Borg (ID 715050M), 70, Triq il-Mirakli, Ħal Lija

Carmen Fenech (ID 449244M), 173, Main Street, Ħal Lija

Miriam Grech (ID 778640M) u Carmen Grech (KI 249242M) u Maria Concetta Grech (ID 828845M), 157, Triq il-Kbira, Ħal Balzan

Respondent: 1, Triq il-Kbira, Ħal Lija

Housing Authority

The application in the names Doctor Nazzareno Azzopardi et vs Mario Zarb et, Application number 697/2021NB, has been postponed for hearing to the 14th February, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th October, 2021, of the Rent Regulation Board, in the records of the Application in the names Joseph Vella et vs Carmela sive Carmen Zarb, Application number 524/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Carmela sive Carmen Zarb 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 Joseph Vella (ID 195945M) and Mario Vella (ID 354067M) vs Carmela sive Carmen Zarb (ID 352846M) filed in the Rent Regulation Board, on the 23rd August 2021, the applicants Joseph Vella (ID 195945M) and Mario Vella (ID 354067M) requested this Honourable Board why it should not:

1. Declare and decide that the respondent is the lessee of the premises 39/41, Triq Stiefnu Zerafa, Marsa, and this in terms of Cap. 69 of the Laws of Malta;

2. Orders that the means test of the lessee be based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1622A of the Civil Code) and any regulations that replace them, which test shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020;

3. In case the respondent does not satisfy the means test thus orders that the lessee will be permitted till two (2) years to vacate from the premises whilst it fix a compensation payable to the applicants for the occupation of the premises during that period;

4. In case the respondent satisfies the criteria of the means test, thus declare and decide that in terms of Act XXIV of 2021 the rent will be revised to the ammount that does not exceed 2% per annum of the free and open market value as it was on the 1st January, 2021.

With costs against the respondent who is from now summoned so that a reference to her oath be made.

Applicant: 187, Triq Stiefnu Zerafa, Marsa

respondent: 39/41 Triq Stiefnu Zerafa, Marsa

Housing Authority

The application in the names Joseph Vella et vs Carmela sive Carmen Zarb, Application number 524/2021NB, has been postponed for hearing to the 14th February, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 26th January, 2022, in the records of the judicial letter number 5330/2021, in the names Norbert Spagnol et vs Joseph Borg, ordered the following publication for the purpose of effecting service on the respondent Joseph Borg, in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Joseph Borg of 38, Sunrise, Triq Dun Michele Balzan, Ħ'Attard

By means of this judicial letter, Norbert Spagnol (ID 571976M) and his wife Karen Spagnol (ID 380075M) of 31, Elmar, Triq id-Dorga, Attard, whilst making reference to clause number 6.1.1 of the public deed of loan and purchase and sale concluded with you on the 6th September 2017 in the records of Notary Doctor Pamela Mifsud Bonnici, by means of which the interpellant, qua the vendors on the same deed, obliged themselves so that within five (5) years from 25th November, 2016, close “at their sole and exclusive expense the floor of the area underlying the outside stairs of the Maisonette which area is included in this agreement and which presently gives access to the Underlying Garage via a goods lift and stairs;" , solicits you so that with immediate effect and in any case by not later than three (3) days from the notification of this judicial letter, you restore the free access of the interpellants to the stairs and the mentioned goods lift by removing and evicting your personal belongings that are obstructing the use and the enjoyment of the property of the said interpellants, and also they are prohibiting the performance of their obligation in terms of the above mentioned clause, and this as results from the photos here exhibited and marked as Doc. NS1 - Doc. NS2.

While holding you liable for any damages and for any prejudice and inconvenience related to the use and enjoyment of their property, the interpellants are hereby providing formal notice of their intention to initiate legal proceedings in the event of your failure to comply with what you have been notified with above, within the time limit set out above.

So much so that you know how to regulate yourself and so that you know how to avoid legal proceedings and extra costs.

Notification: 38, 'Sunrise', Triq Dun Michele Balzan, Ħ'Attard

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 1st February, 2022, on the application of Juliette Tango Holdings Limited (C49462), Thursday, 24th March, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment number eleven (11) without its air space, forming part of the complex Southcliff Mansions, in Triq l-Iskall, Wied il-Għajn, which consists of a penthouse, presently in shell form, overlying the two blocks forming the complex, accessible from the stairwell on the left side of the block when one is looking from the street from door number nineteen letter A (19A), subject to active and passive servitudes that result from its position, subject to its annual and perpetual ground rent rate revisable every fifty years and valued at two hundred and twenty thousand euro (€220,000).

The said tenement is the property of Southcliff Developments Limited (C27802).

N.B. The said tenement will be sold as described in the acts of judicial sales number 50/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd December 2021 of the Civil Court First Hall in the records of judicial letter number 4441/2021, in the names Commissioner for Revenue vs Wayne Cassar, the following publication for the purpose of service on the respondent Wayne Cassar was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Wayne Cassar (ID 0075878M) of 75, Casa Kimron, Triq l-Erbatax ta' Novembru, Santa Venera

By the present the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €44,181.96 representing the amount due by you according to the same Act.

With costs and interest according to the Act till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable the executive title which the same Commissioner for Revenue has against you by means of a notice sent to you.

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

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 8th July 2021 of the Civil Court First Hall in the records of judicial letter number 855/2021, in the names Malta Transport Authority vs Matthew Mario Piscopo, the following publication for the purpose of service of the respondent was ordered in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To        Matthew Mario Piscopo of 29, Beata Mater, Triq il-Luzzu, Marsaxlokk, Malta

By the present the Malta Transport Authority established by means of Article 5 of the Malta Transport Authority Act for Malta Transport of Malta Transport Authority, Transport Centre, Ħal Lija, LJA 2021, hereby solicits you so that within two days from the date of this letter you pay the amount of €122,749.00 representing the amount due by you to the interpellants in connection with the vessel Alexandra 1, for (but not only) of the rents and removal of the same vessel.

The interpellant declares that the amount claimed is certain, liquid and due and thus solicits you so that immediately you pay the same amount above mentioned as you have no valid defence at law, together with interest incurred according to law.

If the time given to you lapses without your complying with the above, the interpellant will have no alternative but to legally proceed against you with the issuance of the appropriate warrants.

With costs and interest, and with reservation for any further rights and actions due to the sender against you.

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th October, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 242/2021 in the names J. Zammit Limited vs Carmel Schembri the following publication was ordered for the purpose of effecting service on the respondent Carmel Schembri in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Carmel Schembri (ID 294466M) of 3, November Rain, Vjal il-Blue Grotto, Żurrieq, Malta

By the present J. Zammit Limited (C37945) of Aries House, Triq l-Imdina,  Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €2,862.45 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 15 expired bills of exchange each of value €190.83, which bills of exchange were due on the 5th day of each month from December 2019 till February 2021 respectively (copies here attached and maked as Doc. A1-Doc A15).

This judicial letter is being made in terms of Article 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty day from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

Soo much so that you may know how to proceed and regulate yourself and with costs against you.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 27th December, 2021, following a request by Mapfre MSV Life plc it was ordered that Deputy Curators be selected to represent the Majbrit Sultana née Mortensen in the acts of the schedule of deposit number 3588/2021 in the names Mapfre MSV Life plc vs Eugenio Sultana vs deputy curators and in other relative and subsequent acts.

By means of a schedule of deposit filed in the Court of Magistrates (Malta) on the 20th December, 2021, in the names Mapfre MSV Life plc (C15722) vs Eugenio Sultana (ID 495562M) and Deputy Curators nominated to represent Majbrit Sultana née Mortensen, the applicant Mapfre MSV Life plc (C15722) respectfully submitted:

That Eugenio Sultana and his former wife Majbrit Sultana née Mortensen had a joint life policy bearing number 27673 that was issued by the Mapfre MSV Life plc in favour of the defendants with effect from the 28th February 1996, whereby the said policy matured on the 28th February, 2021, with a maturity value amounting to €11,624.03;

That due to the fact that not all of the premiums in relation to the said policy were paid €611.77 were automatically deducted from the aforementioned maturity value, and therefore, the Mapfre MSV Life plc is due to pay €11,360.98 and not €11,624.03;

That due to the fact that the policy in question is a joint policy, and therefore it was not issued solely in the name of Eugenio Sultana, Mapfre MSV Life plc is of the view that is obliged to pay any amount due from the aforementioned policy to the defendants or alternately in quotas as agreed to by the defendants and the latter should advise Mapfre MSV Life plc of their agreement in this respect;

That by virtue of a decision taken by the First Hall Civil Court on the 18th May 2001 the names of Eugenio Sultana vs Advocate Raymond Zammit and Legal Procurator Juliana Scerri Ferrante were nominated as deputy curators of Majbrit Sultana née Mortensen who is abroad by a decree of the 1st February, 1999 (Application number 2375/99NA) the Honourable Court inter alia confirmed the personal separation between the defendants and declared the cessation of the community of acquests which was in force, and also ordered that the matrimonial home which is the sole asset under the community of acquests, would be assigned in its entirety, which as result Eugenio Sultana was to be solely responsible for any and all the debts which were under the said community of acquests (hereinafter referred to as The separation judgement);

The Mapfre MSV Life plc noted that the separation Judgement did not specifically refer to the aforementioned policy. In fact, it declared that the only asset belonging in the community of acquests was the matrimonial home and it based its judgement on the evidence presented to the Honourable Curt, and hence the Honourable Court did not take in consideration the policy in question;

That by virtue of the Court Application number 121/2021(MLF), Eugenio Sultana instituted a case against Mapfre MSV Life plc requesting the payment of €11,590.53 with respect to the aforementioned policy, the said claim has been contested by Mapfre MSV Life plc on the basis of the aforementioned reasons and hence a court sitting shall take place before this Honourable Court on the 10th January, 2022.

Therefore, Mapfre MSV Life plc, in order to renounce itself from any responsibility, is depositing to this Honourable Court the sum of €11,360.98 to be liberally withdrawn by the defendants in satisfaction of the maturity value due under the aforementioned life insurance bearing number 27673.

Applicant: Mapfre MSV Life plc

Notification: Eugenio Sultana (ID 495562M) 20, Triq Governor William Reid, Ħad-Dingli

Dr Joe Brincat, Law Courts, Valletta

Deputy Curators

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 six (6) 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 everyone 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 Victor G. Axiak. BA, LLD, Dip. Tax, Doctor of Laws, Magistrate of the above-mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 14th September, 2021, Application number 1548/2021, by Jacqueline Strickland et, whereby following the application Adrian Strickland, husband of Jacqueline Strickland, son of the late Gerald Charles Strickland and Matilde née Falco Tyler, born in Tas-Sliema on the 20th November, 1940, aged 80, and holding identity card number 32241M was interdicted from all the acts of the civil life by means of a decree given on the 26th October, 2021.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th January, 2022, Application number 35/2022, by Patrick Galea et whereby they requested that be declared open in favour of Patrick Galea, husband 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 Anthony Galea and Jacqueline Said children of the decujus and Charlton Galea son of the late David Galea the latter son of the decujus in the quota of one sixth (1/6) undivided share each one of them the Succession of Mary Galea, wife of Patrick Galea, daughter of the late John Galea and Antonia Galea née Arpa, born in Naxxar, Malta, resided in San Ġiljan, Malta, and died in San Ġiljan, Malta, on the 20th April, 2021, aged 78, and who held identity card number 0322042M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th December, 2021, Application number 2171/2021, by John Sullivan et whereby they requested that be declared open in favour of John Sullivan, husband 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 Sean Ellul Sullivan and Romina Lewis children of the decujus in equal shares between them the Succession of Maria Rosaria Sullivan, wife of John Sullivan, daughter of Joseph Renzo Ellul and Margherita Ellul née Cilia, born in Valletta, Malta, resided in Ħal Balzan, Malta, and died in Tal-Qroqq, Msida, Malta, on the 25th December, 2020, aged 85, and who held identity card number 355035M.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th January, 2022, Application number 57/2022, by Teresa Napier whereby she requested that be declared open in favour of Teresa Napier, Pauline Azzopardi, Constance Young and Raymond Azzopardi brothers and sisters of the decujus in the quota of one fourth (1/4) undivided share each one of them the Succession of Vincent Azzopardi, bachelor, son of the late Charles Azzopardi and Grace sive Grazia née Mifsud, born in Santa Venera, Malta, resided Manchester, United Kingdom, and died in Manchester, United Kingdom, on the 26th October, 2009, aged 54.

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

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th January, 2022, Application number 79/2022, by Bridgette Zerafa whereby she requested that be declared open in favour of the same Bridgette Zerafa, 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 Daniela Zerafa and Andriana Zerafa children of the decujus in equal shares between them the Succession of Carmel Zerafa, son of the late Andrea Zerafa and Carmela Zerafa née Farrugia, born in Żurrieq, resided in Żurrieq, Malta, and died in Mosta, Malta, on the 5th December, 2015, aged 56, and who held identity card number 649059M.

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

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 27th January, 2022, following a request of Stephanie Mamo Portelli it was ordered that deputy curators be chosen to represent the absentee Yonas Oukubamichael Ghebreezgyabhar in the records of Appeal number 97/2021 in the names Stephanie Mamo Portelli vs Deputy Curators and in the other relative and subsequent acts.

By means of an Application, filed in the Court of Appeal, in the names Stephanie Mamo Portelli (ID 0342788M) vs deputy curators to represent the absentee Yonas Oukubamichael Ghebreezgyabhar (10442-10 Refcom Number), the applicant Stephanie Mamo Portelli (ID 0342788M) requested with respect:

That the applicant filed an application for the judgement given by the Ecclesiastical Tribunal between the parties to be registered and civilly recognised, and declared enforceable in Malta;

That the respondent is absent from these islands and therefore it is necessary to nominate deputy curators in order to represent him in these proceedings;

That in the personal separation proceedings pending before the Family Court in the names Stephanie Portelli Mamo vs Dr Simon Micallef Stafrace et (Sworn Application number 115/2020 AL) the lawyer Dr Simon Micallef Stafrace and the Legal Procurator Madeline Firman were appointed as deputy curators to represent the absentee in the separation case;

Since the present procedures are related to the separation procedures insofar as they concern the same marriage, the applicant is requesting that the same deputy curators represent the absentees in these procedures;

Thus, the applicant is humbly requesting this Honourable Court to appoint Dr Simon Micallef Stafrace and PL Madeline Firman as deputy curators to represent the absentees in these proceedings and in any other relative and subsequent acts.

As PL Madeline Firman is no longer on the list of curators, instead of her the person next in turn is to be nominated.

Applicant: 73, Triq l-Imsiebaħ, Mosta, MST 2620

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 Court of Appeal, above mentioned,

with the witness of the Hon. Mr Chief Justice Mark Chetcuti, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 30th November, 2021, following a request by Mark Barbara et it was ordered that deputy curators be chosen to represent the unknown successors in title of Joseph Agius, Enrico Laus, Antonio Giacomotto and Michele Bartolo in the acts of the schedule of deposit number 2199/2021 in the names Mark Barbara et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of sub-groundrents filed in the First Hall of the Civil Court on the 22nd November 2021, in the names Mark Barbara, son of the late Carlo Barbara and Maria Carmela Barbara née Muscat, born in Rochford, United Kingdom, on the 29th May, 1966, and residing in Ħamrun (ID 0525466M) and his wife Tania (Antonia) Barbara, daughter of Alfred Cutajar and Mary Cutajar née Testa, born in Ħ'Attard on the 30th August 1968 and residing in Ħamrun (ID 358668M) vs deputy curators to represent the successors in title of a) Joseph Agius, pensioner, son of the late Carmelo and Concetta née Agius, born in Floriana and resided in Mosta other details of whom are unknown, as sub-owner of the sub-groundrent in the amount of €3.49; b) Enrico Laus, son of Antonio, born in Floriana and resided in Ħamrun other details are unknown, as sub-owner of the sub-groundrent in the amount of €0.86; c) Antonio Giacomotto, son of Carlo, born in Valletta and resided in Ħamrun and Michele Bartolo son of Giuseppe, born in Floriana and resided in Floriana other details are unknown, as sub-owners of the sub-groundrent in the amount of €1.26, the applicants Mark Barbara (ID 0525466M) and his wife Tania (Antonia) Barbara (ID 0358668M) respectfully submitted:

That the applicant Mark Barbara inherited from his parents Carlo and Maria Carmela spouses Barbara the premises with its airspace and subsoil with official number 64, in Triq Censu Bugeja, Ħamrun, subject to the annual and perpetual groundrent and sub-groundrent of Lm2.50 today equivalent to €5.82 which premises are shown on the site plan here attached and marked as Document A;

The said Carlo Barbara acquired the said premises by onerous title of sale from Joseph Agius in the records of Notary John Tabone Adami dated 29th August, 1962 – copy of which is here attached and marked as Document B. In this contract the said Joseph Agius imposed a perpetual sub groundrent of Lm1.50 today equivalent to €3.49 in his favour on the said premises besides Lm1 today equivalent to €2.33 as perpetual subgroundrent that already existed in favour of third parties on the said premises;

That the said Joseph Agius on his part acquired the perpetual sub-dominium of the site forming part of the land in Ħamrun known as Ta' Scora measuring approximately 60 square canes equivalent to about 263.46 square meters bounded from the South with Triq Vincenzo Bugeja and from the West with Triq Adelaide Cini and from the East with property of Geroge Perry, as subject to three pounds sterling and ten shillings equivalent to €8.15 annual and perpetual sub-groundrent by onerous title of sale from Gio Maria and Emmanuele brothers Vella and this by deed of Notary Giovanni Chetcuti dated 5th March, 1933;

The said brothers Vella inherited the said land from their parents Giovanni and Maria spouses Vella. The said Giovanni Vella acquired the said land that formed part from the portion shown by the letter N from Antonio Giacomotto and Michele Bartolo by a deed of Notary Francesco Giorgio Schembri dated 17th June, 1905. On this contract, it said that the sub-groundrent has to be paid as for ten shillings equivalent to €1.16 to the owner of the Convent of Saint Augustine – today the Joint Office – and the remaining £3 today equivalent to €6.99 as sub-groundrent due to Enrico Laus;

The said Antonio Giacomotto and Michele Bartolo acquired from Enrico Laus by title of perpetual sub-emphyteusis in the records of Notary Francesco Giorgio Schembri six (6) sites of developable land known as Ta' Scora of total measurement of about 1229 square canes equivalent to about 5396.54 square meters amongst them the site marked with the letter N measuring approximately 140 square canes equivalent to 614.74 square meters on part of which the premises of the applicants are built. The said sub-emphyteusis of the said six sites were made towards the subgroundrent of forty six sterling one shilling and nine pence today equivalent to €107.35 and in the deed it is said that eight sterling and eight shillings today equivalent to €19.57 are due to the Convent of Saint Augustine (today the Joint Office) and the remaining thirty seven sterling and thirteen shillings and nine pence today equivalent to €87.78 to Enrico Laus;

The said Enrico Laus acquired by title of exchange from Gio Maria Cauchi the perpetual utile dominium of nine sites of developable land of measurement of about 2433square canes equivalent to 10,683.30 square meters amongst them the site marked with the letter N forming part of the land known as Ta' Scora in Ħamrun for the annual and perpetual groundrent of £10 today equivalent to €23.29 payable to the Convent of Saint Augustine in Valletta today the Joint Office;

That the said Gio Maria Cauchi acquired by perpetual emphyteutical title from the Convent of Saint Augustine in Valletta, by an act of Notary Cristoforo Frendo of the 28th November, 1901, as part from a bigger land the remaining portion of land known as Ta' Scora in Ħamrun together with other lands already given by the same Convent by temporarily emphyteusis title to third parties of measurement about 6028 square canes equivalent to 26,468.95 by the annual and perpetual groundrent of eighty four sterling, today equivalent to €195.67;

That the groundrent due to the Joint Office and Enrico Laus is redeemable by the capitalisation of the respective groundrent and subgroundrent at the rate of 3% as mentioned in the relative contracts.

When one calculates, on the basis of the measurement of the land on which the premises of the applicant are built in accordance with the site-plan here attached which is of 53 square meters, the groundrent and subgroundrents due result to be the following:

a) The groundrent due to the Joint Office calculated on the basis of the measurement above mentioned and at the rate of exchange applicable on the 18th February 1993 (€STG1.8273=LM1) used by the same Joint Office for the calculation of original groundrent established in sterling amounts to €0.21 redeemable at 3%. This is not being redeemed in this schedule of deposit,

b) The sub-groundrent due to the unknown successors in title of Enrico Laus amounts to €0.86 redeemable at 3%,

c) The subgroundrent due to the unknown successors in title of Antonio Giacomotto and Michele Bartlo amounts to €0.39 redeemable according to law at 5%,

d) The subgroundrent due to the unknown successors in title of Joseph Agius amounts to €3.49 redeemable according to law at 5%,

e) It results that the balance of €0.87 due to the unknown subowner is redeemable according to law at 5%;

The sub-groundrents mentioned in paragraphs b, c, d and e were calculated at the rate of one sterling equivalent to one Maltese lira then converted to euro;

That the said premises are the ordinary residence of the applicants;

That the applicants wish to avail themselves of Article 1501 of the Civil Code (Cap. XVI of the Laws of Malta) to redeem the sub-groundrents mentioned in paragraphs b, c, d and e above mentioned regarding the said premises in terms of law;

That the applicants never paid and do not know to whom the said sub-groundrents are due that together amount to €5.61 and they want to redeem the said sub-groundrent, for all the effects and purposes of law, to render their property free and unencumbered from any sub-groundrent and thus they wish to avail themselves from the option that they have in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) to redeem the said sub-groundrent of €5.61;

That:

a) The said sub-groundrent due to the unknown successors in title of Enrico Laus in the amount of €0.86 capitalised at the rate of 3% amounts to €28.67,

b) The said sub-groundrent due to the unknown successors in title of Antonio Giacomotto and Michele Bartolo in the amount of €0.39 capitalised at the rate of 3% amounts to €7.80,

c) The said sub-groundrent due to the unknown successors in title of Joseph Agius in the amount of €3.49 capitalised at the rate of 5% amounts to €69.80,

d) The sub-groundrent of €0.87 due to unknown sub-owners capitalised at the rate of 5% amounts to €17.40;

That also to regularise themselves with the same law the applicants are depositing also:

a) In favour of the unknown successors in title of Enrico Laus €0.86 as payment of laudemium and €4.30 as payment of the last five years of groundrent arrears,

b) In favour of the unknown successors in title of Antonio Giacomatto and Michele Bartolo €0.39 as payment of laudemium and €1.95 as payment of the last five years of groundrent arrears,

c) In favour of the unknown successors in title of Joseph Agius €3.49 as payment of laudemium and €17.45 as payment of the last five years of groundrent arrears,

d) In favour of the unknown sub-owners the amount of €0.87 as payment of laudemium and €4.35 as payment of the last five years of groundrent arrears.

Thus the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €157.33 as the redemption of the annual and perpetual subgroundrent and as any payment of laudemium and arrears due in terms of the same Article of the Civil Code above mentioned, to be freely withdrawn by the deputy curators nominated to represent the unknown successors in title of the said sub-owners Joseph Agius as for the amount of €90.74, Enrico Laus as for the amount of €33.83; Antonio Giacomotto and Michele Bartolo as for €10.14 and the other unknown subowners in the amount of €22.62 and thus the applicants redeem all the subgroundrent above mentioned on the premises mentioned due to the unknown sub-owners and this after leaving the relative receipt according to law.

Applicants: Mark and Tania Barbara, 64, Triq Ċensu Bugeja, Ħamrun

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. Madam Justice Joanne Vella Cuschieri, BA, Mag. Jur. (Eur. Law), LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 24th November, 2021, in the names CCDL Limited vs Emanuel Baldacchino & Co Limited, Application number 1038/21 NC, the following publication was ordered for the purpose of service of the defendant company , 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 CCDL Limited (C89840) vs Emanuel Baldacchino & Co. Limited (C44700) on the 21st October, 2021, the applicant company CCDL Limited (C89840) asked this Honourable Court:

1. To decide this cause on the basis of Article 167 of Cap. 12 of the Laws of Malta and namely without proceeding to a hearing;

2.Declare the respondent company Emanuel Baldacc hino & Co. Limited as a debtor of the applicant company in the sum of thirty three thousand forty nine Euro and thirty nine cents (€33,049.93) representing payment of services rendered to the respondent company and uphold the other demands in the application.

With interest and with costs against the respondent company as demanded in the application.

The Application in the names CCDL Limited vs Emanuel Baldacchino & Co. Limited, Application number 1038/21 NC, has been deferred for hearing to the 8th March, 2022, at 9.45 a.m.

Notify Defendant Company; 5, St George Street, Naxxar

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Trhibunals

By a decree of the Small Claims Tribunal of the 11th November, 2020, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Ian Tabone (ID 126076M) carrying on trade under the name of Grand Interiors of Viewpoint, Apt 1, Triq l-Indipendenza, Ħal Għargħur, filed a Claim on the 6th November, 2020, whereby they asked the Tribunal to condemn Intelligent Energy Limited (C53597) of 121, Triq San Ġiljan, San Ġwann, to pay the plaintiff the sum of €1500, which amount is due to the plaintiff.

With costs and interests

The case (Claim number 262/2020SFJ) is deferred on the 21st February, 2022, at 12.30 p.m.

Notification: Pierre Schembri in his own name and for and on behalf of Intelligent Energy Limited of 152, Flat 1, Triq San Ġiljan, San Ġwann.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns 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 Vincent Pellicano et it was ordered that deputy curators be chosen to represent the the unknown heirs of Victor Anthony Borg, Emmanuel Joseph Aquilina, Francesco Saverio Aquilina and Helen Azzopardi in the acts of the schedule of deposit number 599/2021 in the names Vincent Pellicano 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 6th April 2021, in the names Vincent Pellicano, employed, son of the late Paul Pellicano and Mary née Ciantar, born in Cospicua and resides at Fleur-de-Lys, Birkirkara (ID 603262M) and Janita Pellicano, housewife, daughter of the late Alfred Naudi and Carmen née Bondin, born in Ħ'Attard and resides at Fleur-de-Lys, Birkirkara (ID 395963M) vs Deputy Curators to represent the unknown heirs of Victor Anthony Borg, Emmanuel Joseph Aquilina, Francesco Saverio Aquilina and Helen Azzopardi, the applicants Vincent Pellicano (ID 603262M) and Janita Pellicano (ID 395963M) respectfully submitted:

That the applicants own the property that is the first floor maisonette, with official number 8, Desiree in Triq il-Passju, Fleur-de-Lys, Birkirkara. Which maisonette was built on developable land forming part of the land known as Tas-Sakkett in Mrieħel limits of Birkirkara. The plan of the mentioned property is here attached and marked as Doc. A;

That this premises was acquired by the applicants by means of a contract of donation in the records of Notary Doctor Francis Micallef of the 17th December, 1996 by means of which Alfred Naudi and his wife Carmen Naudi donated to the applicants their daughter Janita Pellicano and her husband Vincent Pellicano, which contract is here attached and marked as Doc B;

That the same property was described as subject to the annual and perpetual groundrent of Lm50.00 that is about €116.47 and this according to the contract of acquisition in the records of Notary Doctor Francis Micallef dated 27th February, 1984, by means of which deed Alfred Naudi acquired the said property from Carmelo Darmanin and Stephen Agius, which contract is here attached and marked as Doc. C;

That the act of donation above mentioned stated that the donated premises was free and unencumbered from any groundrent and burdens but from searches made it results that the owners are Victor Anthony Borg, Emmanuel Joseph Aquilina, Francesco Saverio Aquilina and Helen Azzopardi and this according to a contract of loan and emphyteusis in the records of Notary Doctor Paul Pullicino dated 21st March, 1979. That the applicants were informed that a certain Andrew Pullicino was in charge by the owner/s or some of them as administrator of the groundrents regarding the properties that formed part of the laned named Tas-Sakkett. Since from the searches it results that the owners are all dead, an application for the nomination of deputy curators to represent the heirs of the owners who are unknown is being filed;

That today the applicants wish to avail themselves of the option given to them according to law and this in terms of Article 1501 of Cap. 16 of the Laws of Malta and to redeem the said annual and perpetual groundrent of €116.47, which relative groundrent has to be redeemed at the rate of 5% and this as stipulated from the contract of loan and emphyteusis above mentioned, that is capitalised in the amount of €2329.40;

That the applicants are depositing the amount of €582.35 representing the groundrent from the last five (5) years.

Thus the applicants are requesting this Honourable Court and under its authority are depositing the amount of €582.35 as the groundrent due for the last five (5) years as above described, and also the amount of €2329.40 for the redemption of the annual and perpetual groundrent for the total amount of €2911.75 so that they will be freely withdrawn by who has a right to them according to law after leaving the relative receipt according to law.

Applicants: Vincent Pellicano and Janita Pellicano, 8 Desiree, Triq il-Passju, Fleur-de-Lys, Birkirkara

notification: 1) Director of Public Registry, Valletta

2) Director Lands Registry, Triq il-Punent, Valletta

3) 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 Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 31st of January, 2022 (Application number 7/2022BS) Rose Nehorai et, requested the opening of the succession of Maria Falzon, widow of Joseph Falzon, daughter of the late Carmel Saliba and Rose née Cassar, died in Victoria, Gozo, on the 27th May, 2009, testate, her succession was regulated by a will in the acts of Doctor Joseph Spiteri dated twenty third (23rd) September of the year nineteen seventy two (1972) but in this will she did not nominate any heirs. She died without children and was superseded only by the applicants that is Rose Nehorai as to one half (1/2) undivided share and the three other applicants as to one half undivded share between them, and this is because she only had one brother, Francesco Saverio Saliba, who had two children, the applicant Rose Saliba and another son Joseph, who died on the 25th September, 2007, and therefore before Maria Falzon, and inherited him the other three applicants, which opening of succession of Maria Falzon is to be made as to one half undivided share in favour of Rose Nehorai and one sixth undivided share (1/6) each in favour of James Robert Saliba, Michael George Saliba and Catherine Mary Saliba.

Wherefore, any person who considers 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.

Voluntary Jurisdiction

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

By means of a decree, given by the Civil Court (Family Section) on the 17th December, 2021, Judicial Letter in the names Joseph Vella vs Graziella Apap, Judicial Letter number 74/2021, the following publication was ordered for the purpose of service of the respondent Graziella Apap,in terms of Article 1873) et sequitur of Cap. 12.

That by means of a Judicial Letter, filed, in the Civil Court (Family Section) on Thursday 5th August, 2021, to Graziella Apap (ID 193784M) of Freżja Court, Flat 5, Triq Santa Margerita, Siġġiewi, Joseph Vella (ID 245581M) of 15, Redeemer Triq Monsinjur Pietru Pawl Pullicino, Żurrieq, declared,

That on the 24th January 2016, a child was born from a relationship he had with the respondent Graziella Apap (ID 193784M) who was given the name … omissis … (ID 65016L) and he wishes to acknowledge this child as his natural offspring.Thus, he intends to apply for the registration of this child in terms of Adrticle 86 of Cap. 16 of the Laws of Malta.

With costs

Interpellant: 15, Redemer, Triq Monsinjur Pietru Pawl Pullicino, Żurrieq

Respondent: Freżja Court, Flat 5, Triq Santa Margerita, Siġġiewi

Notify: Director Public Registry, Onda Building, Marsa

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd February, 2022, given on an application of Joseph Butti,ieg, Anthony Buttigieg u Michael Buttigieg filed on the 12th of January, 2022, in the records of decree number 319/2021 wherein it was ordered the publication of the inventory of the estate of the late Angelo Buttigieg (ID 192740M) separated from Agatha Buttigieg , son of John Buttigieg and Catherine Buttigieg née Cumbo, born at Żejtun, Malta, and died at United Kingdom, on the 2nd November, 2020, aged 80 years.

This publication is going to be held on Tuesday, 15th March 2022 at noon (12.00) at fifty eight (58), Triq l-Ifran, Valletta, under the ministry of Notary Dr Brenda Jane Camilleri Vella.

Melissa Galea

For the Registrar, Civil Court and Tribunals

By decree given by the Civil Court, First Hall on the 25th January, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 19th May, 2022, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The tenement number thirty (30) named Massabielle previously named Mount Tabor, in Pjazza Kappillan Muscat, Ħamrun, partially overlying third party property, free and unencumbered with all its rights and appurtenances, as better described in the acts of Notary Anthony Spiteri Debono dated twentieth February, two thousand and six (20.2.2006) by which the property was acquired through a donation from Josephine Theuma and valued at two hundred and ninety five thousand euro (€295,000).

The said tenement is the property of Borg Eman (ID 252980M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 29/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 26th January, 2022, on the application of HSBC Bank Malta plc (C3177), Tuesday, 17th May, 2022, at half past eleven in the morning (11:30 a.m.), has been fixed for the Sale by Auction,  to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Tenement officially numbered forty (40) having an entrance from a common terrace in Triq il-Kappuccini, Marsa, which tenement is overlying third parties properties with common access from external space with other residential properties. The said tenement enjoys active rights and is subject to passive servitudes that result from its relative position otherwise free and unencumbered as well including the right of usage of the stairs and passage that give access to the same property as described in the acts of Notary Anthony Abela dated thirty first January, two thousand and one (31/01/2001), and is valued at one hundred and eighty seven thousand euro (€187,000)

The said tenement is the property of Briffa Francis (ID89064M) and Briffa Vincenza (ID 130562M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 58/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on the 26th January, 2022, on the application of Bank of Valletta plc (C 2833) Tuesday, 17th May, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held in room number 78, nearby the Archives, Level -1 Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Shop named 'Xin Qi Massage Salon', formerly 'Cork & Screw' officially unnumbered, in Triq Mimosa, Tal-Pietà, situated at street level, underlying third parties property and exempt from any burden of annual and perpetual ground rent, rented to third parties valued at one hundred and twenty five thousand euro (€125,000).

The said tenement is the property of S. D. Vella Company Limited with the registration number C15692.

N.B. The said tenement will be sold as described in the acts of judicial sales number 15/2019.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals