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Court Notices published in Govt. Gazette No. 20,924 of 16th September 2022

Date Icon 16/09/2022

Notice 1606

1606

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 23rd June, 2022, Application number 1139/2022, by Monica wife of David Duke et, whereby they requested that it be declared open in favour of Monica wife of David Duke, Elizabeth, Michael and Doctor Pierre brothers and sisters Bonett children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of their father Vincenzo Bonett, widower from Josephine, son of the late Vincenzo and Emanuela nèe Borg, born in Ħamrun, Malta, resided in Floriana, Malta, and died in Msida, Malta, on the 19th April, 2022, aged 80, and who held identity card number 374641M.

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

09 September 2022

Notice 1607

1607

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th July, 2022, Application number 1321/2022, by Evelyn Grech et, whereby they requested that it be declared open in favour of Evelyn Grech, 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 Stephen Grech son of the decujus the succession of John Grech, husband of Evelyn Grech nèe Dalli, son of Pius Grech and Mary Stella Grech nèe Pisani, born in Isla, Malta, resided in St Paul's Bay, Malta, and died in Msida, Malta, on the 22nd April, 2022, aged 70, and who held identity card number 669451M.

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

09 September 2022

Notice 1608

1608

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd August, 2022, Application number 1487/2022, by Alfred Portelli et, whereby they requested that it be declared open in favour of Alfred Portelli, Gio Batta Portelli and Carmel Paul Portelli brothers of the decujus in the quota of one sixth (1/6) undivided share each one of them, in favour of Michelle Anne Azzopardi and Theodore Azzopardi children of the late Theresa Azzopardi in the quota of one twelfth (1/12) undivided share each one of them and in favour of Jesmond Micallef and Stephen Micallef in the quota of one part of eighteen (1/18) undivided share each one of them and Elton Paul Debattista widower of Maria Debattista daughter of the late Filippa Micallef in the quota of one part of eighteen (1/18) undivided share the succession of Joseph Portelli, bachelor, son of the late Anthony Portelli and Mary Anne Portelli nèe Fenech, born in Rabat, Malta, resided in Rabat, Malta, and died in Msida, Malta, on the 31st December, 2015, aged 69, and who held identity card number 299446M.

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

09 September 2022

Notice 1609

1609

By a decree of the Small Claims Tribunal of the 11th March, 2022, 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).

Burmarrad Commercials (C13537) of Burmarrad Road, Burmarrad SPB 9060, filed a Claim on the 6th January, 2022, whereby they asked the Tribunal to condemn Leo Majdi Dufour (licence number 211192A) of 60, Triq l-Università, Msida MSD 1653, to pay the plaintiff company the sum of €1,849.07, which amount is due to the plaintiff company.

The case (Claim number 6/2022JG) is deferred on the 6th October, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

09 September 2022

Notice 1610

1610

By a decree of the Small Claims Tribunal of the 27th April, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Creek Developments plc (C50531) of Office No. 1, Crown Marina Apartments, Ta' Xbiex Sea Front, Ta' Xbiex, filed a Claim on the 8th November, 2021, whereby they asked the Tribunal to condemn Ferass Hussein Mohammed Allafi of Palace Court, Flat 7, Triq il-Knisja, St Julian's, to pay the plaintiff company the sum of €382.15, which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim number 324/2021CL) is deferred on the 5th October, 2022, at 1.30p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

09 September 2022

Notice 1611

1611

By means of a decree of the 23rd August, 2022, given by the Civil Court First Hall in the records of judicial letter number 969/2022, in the names Go plc vs Camline Internet Service Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(4) Cap. 12.

In the First Hall of the Civil Court,

To Camline Internet Service Limited (C26528) of 33, Triq Anthony Emmanuel Caruana, Birkirkara

By the present the company Go plc (C22334) of Triq Fra Diegu, Marsa, whilst it makes reference to your judicial letter filed against the interpellant on the 22nd February, 2022 (Letter number 697/22) is refuting all your demands and claims therein mentioned as unfounded in fact and at law.

So much for your own guidance and to avoid further costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

09 September 2022

Notice 1612

1612

ARB/C063/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 7th September, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Mercieca, LLD). Compilation Number 518/2022, in the case:

The Police

(Inspector Marshal Mallia)

Versus

MELVIN ROBERTO NUNES, unemployed, 36 years, son of Rolanda Smith and Lylan Mules, born in Suriname on the 19th March, 1986, without a fixed address in Malta and holder of Dutch passport bearing number NWHJ4PHH4.

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 MELVIN ROBERTO NUNES and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 36 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.

Principal Legal Officer, Asset Recovery Bureau

13 September 2022

Notice 1613

1613

ARB/C064/2022 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 7th September, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Elaine Mercieca, LLD). Compilation Number 522/2022, in the case:

The Police

(Inspector Justine Grech)

(Inspector Mark Anthony Mercieca)

Versus

SOUREN ARZLANIAN, 42 years, son of Hrand and Venera née Hachverdov, born in Evlach, Azerbaijan, on the 16th February, 1980, without a fixed address in Malta and holder of Dutch identity card bearing number IL6D05KR2.

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 SOUREN ARZLANIAN and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by him, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

Any person who acts in contravention of the court order as mentioned in Article 22A, Article 5, and Article 36 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.

Principal Legal Officer, Asset Recovery Bureau

13 September 2022

Notice 1614

1614

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 12th November, 2021, following a request by Josephine sive Joyce Muscat noe et it was ordered that Deputy Curators be selected to represent the unknown owners in the acts of the schedule of deposit number 3203/2021 in the names Josephine sive Joyce Muscat noe et 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 10th November, 2021, in the names Josephine sive Joyce Muscat (ID 373244M), pensioner, daughter of Joseph Galea and Catherine née Falzon, born in Marsa and residing in Birkirkara who is appearing for and on behalf of Catherine Muscat (ID 57569M) unemployed, born in Ħ'Attard and residing in Birkirkara, interdicted, and Emmanuel (Noel) Muscat (ID 71569M), employed, born in Ħ'Attard and residing in Birkirkara, Marisa Abdilla (ID 56871M) housewife, born in Ħ'Attard and residing in Ħal Luqa, Brian Muscat (ID 450766M) employed, born in Marsa and residing in Birkirkara and Clayton Muscat (ID 34388M), employed, born in Tal-Pietà and residing in Iklin all brothers and sisters Muscat, children of Victor Muscat and Josephine née Galea expect Clayton Muscat son of Victor Muscat and Helen née Ciantar vs Deputy Curators nominated to represent the unknown owners, the applicants Josephine sive Joyce Muscat (ID 373244M) who is appearing for and on behalf of Catherine Muscat (ID 57569M), Emanuel (Noel) Muscat (ID 71569M), Marisa Abdilla (ID 56871M), Brian Muscat (ID 450766M) and Clayton Muscat (ID 34388M) respectfully submitted:

That by means of a contract of acquisition in the records of Notary Doctor Patrizia Mallia dated 19th March, 2018, the late Victor Muscat bought the garage without name, without official number, marked as number 2 forming part of a garage complex, which complex has its official number 191 and is found in Triq Dun Mikiel Xerri in Ħ'Attard which garage is found at basement level of the block that is build on plots number (19) and (20) in the said road that is Triq Dun Mikiel Xerri in Ħ'Attard;

That the garage is subject to the annual and perpetual groundrent that is found on these said plots calculated at the rate of €0.70 for every square cane and thus as the measurements of the garage are of 55m² the groundrent on the garage is that of €8.77;

Subsequently the applicants inherited this property but they never paid the groundrent due and thus they are depositing five (5) years groundrent arrears.

Thus, in order to safeguard all their interest and exempt themselves from any responsibility, the applicants are humbly requesting this Honourable Court and under its authority are depositing the amount of €45.00 representing the groundrent due for the last five years on the property de quo, and an additional amount for all intents and purposes, which amount will be freely withdrawn by the respondents who result to have a right to it according to law after leaving the relative receipt according to law.

Applicant: Marisa Abdilla, 55, Fl 2, Triq tal-Maħżnier, Ħal Luqa

  Clayton Muscat, 62, Triq Ġensu Busuttil, Iklin

Notification: 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 file 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 Charmaine , LLD, Doctor of Laws, Magistrate of the above-mentioned Court.

Alexandra Debattista

For the Registrar, Courts and Tribunals

09 September 2022

Notice 1615

1615

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 16th November, 2021, following a request by Simon Chetcuti et it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 2135/2021 in the names Simon Chetcuti et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent number 2135/2021 in the names of Simon Chetcuti, in business, son of Victor Chetcuti and Marlene Chetcuti née Stivala, born in Tas-Sliema previously San Ġiljan on the 13th April, 1966, and residing in Swieqi (ID 198166M) and his wife Ruth Chetcuti, teacher, daughter of the late Saviour Micallef and Lucia Micallef née Farrugia, born in Pieta on the 1st April, 1971, residing in Swieqi (ID 155171M) vs Deputy Curators to represent the unknown direct owners filed in the First Hall of the Civil Court on the 15th November, 2021, the applicants Simon (ID 198166M) and Ruth (ID 155171M) spouses Chetcuti respectfully submitted:

By means of a contract of sale in the records of Notary Claire Falzon of the 13th August, 2002, the applicants accepted, bought and acquired a piece of undevelopable land, forming part from a bigger portion of land known as tal-Idward in Triq Dun Mikiel Xerri, Ħ'Attard, measuring approximately 585m² marked with numbers 17, 18 and 19 and marked with red on the plan attached with the contract of sale, bounded from the East with the said road, from the North with property of the sellers or their successors in title and from the South with a substation and with property of the sellers or their successors in title and other boundaries , as subject to the annual and perpetual groundrent of Lm 6 every plot (today equivalent to €13.98 each plot) or for the amount of €41.94 for the three plots, payable to Emanuel Borg son of Michael residing at 7 Triq il-Kbira, Rabat, Malta with all its rights and appurtenances as better described in the relative deed (here attached and marked as Doc. A);

That the site plan that shows the relative premises is here attached and marked as Doc. B;

That the applicants are debtors towards the respondents of an amount equal to the last five (5) years of groundrent as above described and thus in the amount of €41.94 multiplied by five (5) times which amounts to €209.70;

In addition, the applicants wish to avail themselves of the option given to them in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem the groundrent as above mentioned in terms of the same law;

That the groundrent above mentioned capitalised at the rate of 5% amounts to the amount of €838.80;

The applicants do not know the identity of the actual relative direct owners of the premises above mentioned. Consequently with this schedule of deposit they are filing an application for the nomination of deputy curators to represent the same.

Thus the applicants are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €1048.50 representing as for the amount of €209.70 groundrent arrears for these last five years and as for the amount of €838.80 being the price for the redemption of groundrent regarding the groundrent above mentioned so that the same amount can be freely withdrawn by the respondents, after leaving the relative receipt according to law.

Notification: Director Public Registry, Triq il-Merkanti, Valletta

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. Madam Justice Audrey Demicoli, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

09 September 2022

Notice 1616

1616

By means a decree delivered, by the Court of Appeal on 31st January, 2022, in the records of Appeal Application number 83/2021 in the names Vanessa Degiorgio vs Egal Maidani, the following publication was ordered to serve as a notification in regard to the said Egal Maidani pursuant to Article 187(3) et sequitur of the Cap. 12.

Whereas by means of an application filed on 29th October, 2021, the applicant stated that by a decision of the Ecclesiastical Tribunal of the Diocese of Malta the latter decided that the marriage celebrated between the applicant Vanessa Degiorgio and the respondent Egal Maidani in St Antony's Church, parish of Christ the King, Paola, on the twenty-second (22) of November of the year two thousand and thirteen (2013) was null and void;

Whereas the Regional Tribunal of First Instance by decretum confirmationis sententiae of the 28th November, 2018, confirmed the decision of the Ecclesiastical Tribunal of the Diocese of Malta of 30th October, 2018, and declared the marriage celebrated between the parties on 22nd November, 2013, as null;

Whereas the exponent requests that this decision be registered and executed by this Honourable Court and that the same decision be recognized for all the purposes and effects of the law.

Therefore, and in view of the above, the exponent humbly asks this Honourable Court to order, after the due notification to the Director of the Public Registry, that the decision of the Ecclesiastical Tribunal above mentioned and by means of which the marriage between the parties Vanessa Degiorgio and Egal Maidani was declared null, shall be registered and also considered as a decision for the purpose and effects of Civil Law as provided for in Articles 23 and 24 of the Cap. 255 of the Laws of Malta

Notification: Egal Maidani, Jostell No.9, Triq Mikiel Abela, Birżebbuġa

Dr F. Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

14 September 2022

Notice 1617

1617

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree issued on the 2nd of September, 2019, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below so that for any purpose and effect of the law serves as notification in accordance with article 931 et sequitur of the Code of Organisation and Civil Procedure.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 2nd of September, 2022, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 211/2019 of Ruben Curmi (Maltese identity card number 27172G), director, son of Joseph and Mary née Sultana, born in Nadur, Gozo, on the nineteenth day of October, in the year one thousand, nine hundred and seventy-two (19th October, 1972) and a resident of Nadur, Gozo, both in his own name and in the name and on behalf of the company 'Harbor Solutions Limited' (formerly known as 'Galley's Malta Ltd') (with registration number C56985 and address registered in 'Valley View', Apartment two (2), Triq Tax-Xemmiex, Nadur, Gozo), and Simone Muscat (Maltese identity card number 613281M) engineer, legally separated, daughter of Emanuel Muscat and Antoinette née Bonavia, born in Tal-Pietà on the sixteenth (16) of October of the year one thousand, nine hundred and eighty one(1981) and resident of Nadur, Gozo ('Valley View', 2, Triq Tax-Xemmiex), humbly request:

That through a contract in the acts of the Notary Doctor Josette Spiteri Cauchi of the twelfth (12) of March, two thousand and eighteen (2018), parties together and in solidum between them as detailed in the same contract acquired the property with the number forty-three letter A (43A), previously with the official number one hundred and seventeen (117) in Gwardamanġa Hill, Gwardamanġa, limits of Tal-Pietà, Malta, as subject to an annual and perpetual census of twenty-seven euro and ninety-five cents (€27.95c);

That in addition the parties wish to prevail over themselves from the faculty given to them by Article 1501 of the Civil Code and redeem this emphyteusis;

That this annual and perpetual ground rent of twenty-seven euro and ninety-five cents (€27.95c) capitalised at five percent (5%) amounts to five hundred and fifty-nine euro (€559).

Accordingly, the parties are submitting to this Honourable Court and depositing under its authority the sum of five hundred and fifty-nine euro (€559) which amount can be freely given to the respondents and this after that the relevant receipt is received according to law.

You are therefore ordered to affix an official copy of this banner at the entrance of this Court and hereby summon any person who wishes to enter as curator to appear within six (6) days in this Register and make a note of the statement that he undertakes to do so.

You are also ordered to inform everyone that if he does not make this declaration within the time allowed, this Court will proceed to select a curator of office. And after you have done so, or if you encounter any obstruction in the execution of this ban, you must inform this Court.

Granted by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, above mentioned with the testimony of Magistrate Dr Simone Grech, Magistrate of the aforesaid Court.

Superior Jurisdiction, General Section

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

13 September 2022

Notice 1618

1618

By means of a decree delivered by the Court of Appeal (Inferior Jurisdiction) on 22nd June, 2022, in the acts of Appeal Application No. 223/20 in the names MG Administrators Limited (C83547) in its capacity as Administrator of Sidha Apartments Owners Association which by decree of 18th February, 2022, was replaced by Paul Cordina with identity card number 794552M as Administrator of Sidha Apartments Owners Association vs Raymond Cutajar ordered the following publication persuant to Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an appeal of MG Administrators Limited (C83547) in its capacity as Administrator of the Sidha Apartments Owners Association which by decree of 18th February, 2022, was replaced by Paul Cordina with the charter of identity number 794552M as Administrator of the Sidha Apartments Owners Association vs Raymond Cutajar the appellants are interposing an appeal from a decision given on 2nd May, 2022, by the Small Claims Tribunal which granted the requests of the exponents but limitedly by reducing the sum due from the defendant to the Sidha Apartments Owners Association to €970.92 and condemned the defendant to pay this amount only the reason being because, according to the Tribunal, the defendant did not have to pay for expenses owed to the company Arms Ltd and those related to the cleaning of the common parts of the apartment block. In addition, the Tribunal, of it own volition, reduced the amount originally claimed by the same association to €1,116.92.

Whereas the exponent felt aggrieved by the decision given by the Tribunal in the aforementioned names given that, in its humble view: (i) the reduction in the amount due to the association Sidha Apartments Owners Association from €1,313.86 to €1,116.92 was not motivated in an appropriate and adequate manner according to the law; and (ii) the said decision where the sum indicated here had been further reduced to €970.92 goes against the dictates of equity, in that the rights of the appellant association have been prejudiced.

Therefore, the appellant in his capacity referred to above, humbly requests this Honourable Court of Appeal, while upholding the appeal filed as founded: (i) to confirm the appealed decision where it decided that the defendant is a debtor of the exponent nomine; and (ii) to vary the amount to be paid by the same defendant as indicated in the aforementioned decision and alter the decision limitedly so that it is declared and ordered that the defendant must pay the entire amount claimed by the exponent nomine, i.e. the sum of €1,313.86 with the legal interest from the date of filing of the judicial letter found at fol. 3 of the case file until the effective payment date, with the costs of both instances against the appealed respondent.

Appeal number 223/2022 in the names MG Administrators Limited (C83547) nomine vs Raymond Cutajar is deferred to the twenty-eighth (28) of September, 2022, at 10.00  a.m.

Notification: 32, Santa Marija, Triq il-Pluviera, San Ġwann

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

12 September 2022

Notice 1619

1619

By means of a decree delivered by the Court of Appeal (Inferior Jurisdiction) on 5th November, 2021, in the records of Appeal Application No. 243/2018/1 in the names Advocate Dr Edward DeBono (ID 592758M) as representative of the absentee Joseph (ID157031M) and Antonia Vassallo (Maltese passport number 1090230) vs Dominic (ID 0114482M) and Rose Marie (ID 0092377M) spouses Ellul and the Housing Authority ordered the following publication pursuant to Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of the said Appeal application by the applicant advocate Dr Edward DeBono (ID 592758M) as representative of the absent Joseph (ID 157031M) and Antonia Vassallo (Maltese passport number 1090230) filed on 13th August, 2021, they are appealing from the sentence delivered on 28th July, 2021, by the Rent Regulation Board.

The grounds of appeal of the appellants are clear and manifest as the Rent Regulation Board applied Act XXVII of 2018 instead of Act XXIV of 2021 which entered into force on 1st June, 2021;

Whereas it is obvious that the sentence is null and void and should be revoked given that the period of five years should no longer apply, but this should be a maximum of two years, which period should start to apply from the date of the filing of the original application, and as confirmed in jurisprudence;

Whereas, the compensation payable should not only be up to double but it should be up to 2% of the rental value of the property, since the respondent has assets and property wherefrom she can pay appropriate, just and fair compensation.

Therefore, the appellants while making reference to all the evidence produced before the Rent Regulation Board, and while reserving the right to produce all the evidence allowed according to the law request this Honourable Court of Appeal (Inferior Jurisdiction) in order to revoke the sentence delivered by the Rent Regulation Board by applying the provisions of Act XXIV of 2021 which entered into force on 1st June, 2021, two months prior to this sentence of the Rent Regulation Board, which provisions were to apply and therefore order the eviction of the respondents within two years from the filing of the original application in addition to paying the just rent not exceed double the amount, as established by the same jurisprudence, for the period of their occupation.

The application of Appeal No. 243/2018/1 in the names Advocate Doctor Edward DeBono (ID 592758M) as representative of the absentee Joseph (ID 157031M) and Antonia Vassallo vs Dominic (ID 0114482M) and Rose Marie (ID 0092377M) spouses Ellul and the Housing Authority is deferred to the fifth (5) of October, 2022, at 10.50  a.m.

Notification:   Dominic (ID 0114482M) u Rose Marie (ID 0092377M) spouses Ellul Phillips, London House, Triq Pietru Mallia, Siġġiewi SGW 1090

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

13 September 2022