Court Notices published in Govt. Gazette No. 20,943 of 14th October 2022

ARB/C017/2022 – VARIATION OF A TEMPORARY FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 7th October, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 138/2022, in the case:

The Police

(Inspector Marshal Mallia)

Versus

ANDREW AGIUS, doctor, 45 years, son of Godfrey and Concetta née Izzo, born in St Julian's, Malta, on the 23rd February, 1977, residing at 29, 'Tara', Triq il-Gardell, San Ġwann, and holder of Maltese identity card bearing number 124077M.

The Court AUTHORISED the accused ANDREW AGIUS to pay the sum of three hundred and six euro and eighty cents (€306.80) to GasanMamo Insurance Limited representing the renewal of the insurance policy with reference number H5731 0419236 and road license for the vehicle held in the name of the accused, as mentioned in the Court decree dated 7th October, 2022. This payment must be carried out from the bank account registered in the name of the accused ending in -2050 and held at the HSBC Bank Malta plc.

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 temporary freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Victor G. Axiak, LLD) on the 10th March, 2022, which was published in the Government Gazette on the 17th March, 2022, 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 ANDREW AGIUS.

Director, Asset Recovery Bureau

By means of a decree of the 16th June, 2022, of the Rent Regulation Board, in the records of the Application in the names Rosanna Mula et vs Josephine Zammit, Application number 343/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Josephine Zammit 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 Rosanna Mula (ID 0380555M), Emanuel Schembri (ID 0506039M), Anthony Schembri (ID 0587447M), Catherine Formosa (ID 0046251M), Carmelo Schembri (ID 0213146M), Maria Dolores Fenech (ID 0891349M), Mikelina Farrugia (ID 0697543M), Anna sive Joann Zammit Schembri (ID 33765M), Maria Schembri (ID 480649M), Claudia sive Claudine Barbara (ID 525372M), Joseph Guntrip (ID 532674M), Ephraim Sam Schembri (ID 441284M) and Franridge Schembri (ID 493890M) vs Josephine Farrugia (ID 590063M) filed in the Rent Regulation Board, on the 19th April, 2022, the applicant Rosanna Mula (ID 0380555M) requested this Honourable Board why it should not:

1. Carry out the means test of the respondent, in terms of Article 4A(3)(c) of Cap. 69 and determine whether the same respondent meet the criteria of the means test for income and capital;

2. In the event that this Board finds that the respondent does not meet the criteria of the means test for income and capital:

a.  Dissolve the lease in favour of the respondent of the premises 15, St John Triq Gammari Dalli, Ħal Għaxaq,

b. give the respondent a period of time to vacate the premises and release its vacant possession in good condition to the applicants,

c. condemn the respondent to pay the applicants for the occupation of the premises during the said period in the amount established by this Honourable Board;

3.  In the event that this Board finds that the respondent meet the criteria of the means tests for income and capital:

a. Condemn the respondent to pay the applicants the revised rent to the amount up to 2% per annum of the free and open market value of the premises on the 1st January of the current year or any other amount, which rent is increased according to the regulations published from time to time by the minister responsible for accommodation and is revisable every six (6) years until an agreement is reached between the parties,

b. Establish those other conditions of this lease, fair in todays open market, amongst them that the respondent cannot assign the lease or sublet the premises or a part of it to third parties, can use the premises solely for residential use, cannot make structural changes, and be obliged to make the necessary repairs in the same premises, except those of extraordinary structural repairs that may be needed which are not her fault or negligence.

With costs against the respondent who are hereby summoned so that a reference to her oath be made.

Applicants:

 Rosanna Mula, 50, L-Abri, Dawret Ħal Għaxaq, Ħal Għaxaq

Emanuel Schembri, 48, Chevron, Dawret Ħal Għaxaq, Ħal Għaxaq

Anthony Scehmbri, 178, Mon Dieu, Dawret Ħal Għaxaq, Ħal Għaxaq

Catherine Formosa, 182, Mon-Nid, Dawret Ħal Għaxaq, Ħal Għaxaq

Carmelo Schembri, 174, Holy Family, Dawret Ħal Għaxaq, Ħal Għaxaq

Maria Dolores Fenech, 180, Belle Maison, Dawret Ħal Għaxaq, Ħal Għaxaq

Mikelina Farrugia, 173, Gedeon, Dawret Ħal Għaxaq, Ħal Għaxaq

Anna sive Joann Zammit Schembri, 184, Cor Jesus, Dawret Ħal Għaxaq, Ħal Għaxaq

Maria Schembri, 172, Chez Nous, Dawret Ħal Għaxaq, Ħal Għaxaq

Claudia sive Claudine Barbara, 90, Elisir, Triq il-Ġistakor, Ħal Għaxaq.

Josepha Guntrip, 98, Triq il-Baltiku, San Ġwann

Ephraim Sam Schembri, Garda, Block C, Triq l-Isparvier, Ħal Għaxaq

Franridge Schembri, 79, Closepha, Vjal il-Labour, Ħal Għaxaq

Respondent: Josephine Farrugia, 15, St John, Triq Ġammari Dalli, Ħal Għaxaq

Housing Authority

The application in the names Rosanna Mula et vs Josephine Farrugia, Application number 343/2022JD, has been postponed for hearing to the 3rd November, 2022, at 10.15a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, Constitutional Jurisdiction, on 27th September, 2022, in the acts of the Constitutional Application number 266/2022GM, which was presented in the 27th May, 2022, in the names Fenech Gemma et vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents or any of them to pay the same compensation and liquidated damages in terms of the Law and the European Convention. With all costs against the respondents who are now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is adjourned to 1st November, 2022, at 9.10 a.m.

Notification Respondent: Attard Paul, 48, Keegan, Triq F. S. Caruana, Birkirkara

Register of the Superior Courts, today 11th October, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT. D.P.A; DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 2nd December, 2020, in the acts of Sworn Application number 459/2020MH, which was presented on 19 June 2020, in the names Bonnici Sergio et vs Drago Christopher, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Order the respondent to pay the sum thus liquidated to the applicant according to the damages suffered by the plaintiff. With the costs against the respondents who are now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 21st October, 2022, at 10.30 a.m.

Notification Respondent: Drago Christopher. Villa Gardenia. Flat 3, Triq il-Qugħ, Swieqi

Register of the Superior Courts, today, 11th October, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Chamber, on 20th May, 2022, in the acts of Sworn Application number 651/2021CFS, which was presented on 11th February, 2022, in the names: Schembri Charles James et vs Khaled Yassine et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: To declare the proceedings as if the defendants were contumacious in terms of Article 158 (10) of Cap. 12 of the Laws of Malta.

The Sworn Application in the names mentioned above is adjourned to 21st October, 2022, at 9.15a.m.

Notification Respondent: Yassine Khaled and El Saadi Dua, The Three Towers, Tower A1, Flat 306, Triq l-Ibjar, Paola

Register of the Superior Courts, today, 11 October, 2022

CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)

For the Registrar, Civil Courts and Tribunals

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 3rd of October 2022, 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 Organization and Civil Procedure.

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 3rd of October, 2022, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 327/2022 of Victor J. Borg Enterprises Limited (C4935), of Villa Palmyre, Triq Ġnien Imrik, Xagħra, Gozo, humbly requests:

That the exponents own a plot of land in Tal-Far t'Isfel, in Triq Carlo Galea, Victoria, Gozo, measuring approximately five hundred and eighty six square meters (586m2) bordering from the north with Vincenza Micallef's property, east with the road and south with Joseph Saliba's property. The land in question is indicated on the attached plan marked as Document 'A'. Originally the measurement of land that was subject to the census merit of this slip was that of six hundred and fifty seven square meters (657m2);

That the above mentioned property is subject to an annual ground rent of fifteen pounds of the old currency (Lm15) equivalent to thirty-four euro and ninety-four euro cents (€34.94c);

That the applicants wish to prevail themselves from the faculty given to them by Article 1501 of the Civil Code, and redeem this payment of ground rent according to the law;

That the amount of thirty-four euro and ninety-four Euro cents (€34.94c) capitalized at five percent (5%) amounts to six hundred and ninety-eight euro and eighty cents (€698.80c);

That the applicants are also depositing the sum of one hundred and seventy-four euro and seventy cents (€174.70c) as ground rent arrears.

Accordingly, the applicant in order to exempt itself from any responsibility is submitting to this Honorable Court and under its authority it is depositing the total sum of eight hundred and seventy-three euro and fifty cents (€873.50c) redemption of ground rent and payment of arrears due as explained above, which sum can be freely withdrawn by the respondent after leaving the due receipt.

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)

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 3rd of October, 2022, 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 3rd of October, 2022, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 326/2022 of Victor J. Borg Enterprises Limited (C4935), of Villa Palmyre, Triq Ġnien Imrik, Xagħra, Gozo, humbly requests:

That the applicants own a plot of land in Tal-Far t'Isfel, in Triq Carlo Galea, Victoria, Gozo, measuring approximately five hundred and eighty six square meters (586m2) bordering from the north with Vincenza Micallef's property, east with the road and south with Joseph Saliba's property. The land in question is marked on the attached plan marked as Document 'A'. Originally the measurement of land that was subject to the sub ground rent of the property concerning this schedule was that of six hundred and fifty seven square meters (657m2);

That the land in question was acquired by title of perpetual sub-emphytheus originally from JoJoe Company Limited through a contract in acts the Notary Doctor Maurice Gambin of the twenty-second (22nd) of May of the year one thousand nine hundred and eighty one (1981);

It results that the property mentioned above is subject to an annual sub-ground rent of fifteen pounds of the old currency (Lm15) equivalent to thirty-four euro and ninety-four euro cents (€34.94c);

That the applicants wish to avail themselves from the faculty given to them by Article 1501 of the Civil Code, and redeem this sub ground rent according to the law;

That the amount of thirty-four euro and ninety-four euro cents (€34.94c) capitalized at five percent (5%) amounts to six hundred and ninety-eight euro and eighty cents (€698.80c);

That the applicants are also depositing the sum of one hundred and seventy-four euro and seventy cents (€174.70c) as arrears.

Accordingly, the applicant in order to exempt itself from any responsibility is submitting to this Honorable Court and under its authority it is depositing the total sum of eight hundred and seventy-three euro and fifty cents (€873.50c) deposit of sub ground rent and payment of arrears due as explained above, which sum can be freely withdrawn by the respondent after leaving the due receipt.

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)

Whereas Allan Arun Rayer and Ieva Antoine Rayer appearing in their own name and also in the name and on behalf of the minor Ezra Antoine Rayer filed a writ of summons number 55/2022 (BS) in the names 'Allan Arun Rayer et vs Direttur tar-Reġistru Pubbliku, Għawdex' demanding corrections in the Act of Marriage of Allan Arun Rayer bearing number eighty-two of the year two thousand and eighteen (82/2018) and Act of Birth of their son Ezra Rayer bearing number six thousand two hundred and eighty-five of the year two thousand and twenty-one (6285/2021).

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen (15) days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified, by the service of a copy of the said writ of summons, of the day which will be appointed for the hearing of the case.

John Vella

For the Registrar, Gozo Courts and Tribunals

By a decree given on 3rd October, 2022, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 28th July, 2016, by Bank of Valletta plc (C2833), application number 53/16 in the names Bank of Valletta plc (C2833) vs Raymond Scerri (I.D.605960M) being asked that the Court orders the sale by auction of the:

The flat internally numbered one (1) situated on the second floor, being the flat on the left hand side when facing the block from the street, which flat form part of an unnumbered block of buildings named 'Dajenu Apartments', in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, sometimes also indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bound from the west by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title, including pro rata of common parts, entrance, entrance hall, staircase, stairwell, landings, drains and drainage system, lift, shafts, ramp and drive in of the garage complex, lighting in the common parts and in general of all parts and services of the block which are destined for the common use and for the common utility by the owners of the flats and garages in the block, excluding the roof and the airspace overlying the block which are not a common part;

and

Basement level garage, internally numbered eight (8), which garage is accessible from common ramp and drive in, in Triq Mikiel Calleja, abutting onto Triq San Tumas,Tarxien, which garage form part of an unnumbered block of buildings named 'Dajenu Apartments', in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, sometimes also indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bound from the west by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title or more correct boundaries. The garage is bounded on north with the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title.

The above-mentioned apartment and the garage are with all their rights and appurtenances.

The said tenement is the property of Raymond Scerri (ID 605960M).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By a decree given on 3rd October 2022 by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall, on the 22nd June, 2022, on the application of Bank of Valletta plc (C2833), Tuesday, 29th November, 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, Valletta, of the following property:

 The flat internally numbered one (1) on the second floor and situated on the left hand side when facing the front of the block from the street, which flat forms part of an unnumbered block of buildings named 'Dajenu Apartments', in Triq Mikiel Calleja, abutting onto Triq San Tumas, Ħal Tarxien, sometimes indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bounded on the west by the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title, including pro rata of the common parts of the block of the flats i.e. the entrance, corridors and stairways, staircase, stairwell, landings, lift, shafts, drains, drainage and electric systems and communications in the common parts intended for common use of all owners of the flats situated in the block, with the right to install a water tank, common aerial television and/or satellite dish on the roof of the said block of flats as well as the right of access to the roof for purposes of repair and maintenance of the said water tank, aerial and/or satellite dish but excluding the roof and the airspace overlying the said block which are not part of the common parts valued at one hundred and eighty three thousand euro (€183,000).

and

Basement level garage, internally numbered eight (8), occupied and can only be used for personal purposes accessible from a common ramp and drive in leading to Triq Mikiel Calleja abutting onto Triq San Tumas,Tarxien, which garage forms part of an unnumbered block of buildings named 'Dajenu Apartments', in Triq Mikiel Calleja abutting onto Triq San Tumas, Ħal Tarxien, sometimes indicated as Fgura, which entire block has been built upon three (3) plots forming part of the lands known as 'Ta' Zilfa', which block is bounded on the west by the said street, and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title. The garage is bounded on the north with the said street and from all other compass point by property of L. Spiteri and Sons Contractors Limited or its successors in title including pro rata of the common parts leading to the same garage i.e. the entrance, the ramp and the space infront of the garage valued at twenty seven thousand euro (€27,000).

The said flat and garage are subjects to and enjoy servitudes resulting from their position, with all its rights and appurtenances.

The said tenements are the property of Scerri Raymond (ID 605960M).

 N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2016.

 Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 24th March, 2022, Application number 525/2022, by Joanna sive Joanne Caruana, whereby following the application Vittoria sive Vicky Portelli, pensioner, wife of Michael Portelli, daughter of Alessandro Abela and Assunta Abela née Gatt, born in Ħad-Dingli, Malta, on the 1st September, 1930, aged 92, under the care at Casa San Paolo, St Paul's Bay, and holding identity card number 576330M, was interdicted from all the acts of the civil life by means of a decree given on the 29th September, 2022.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By a decree of the Small Claims Tribunal of the 29th December, 2021, 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).

Vodafone Malta Limited (C 10865) today Epic Communications Limited (C10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 5th November, 2021, whereby they asked the Tribunal to condemn Danuska Camilleri (ID 308403L) of Ipanema, Fl 6, Triq il-Vittmi tal-Gwerra, Birkirkara, to pay the plaintiff company the sum of €969.83, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 312/2021JG) is deferred on the 28th November, , at 12.45 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 21st March, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12) on the respondent Roberta Johnston.

Inspirations Limited (C41431) of Mrieħel By-pass, Triq Giovanni Felice, Mrieħel BKR 3000, filed a Claim on the 15th March, 2022, whereby they asked the Tribunal to condemn Roberta Johnston (ID 206682M) of Blk B, Flat 1, Triq l-Għajn, Valletta, Malta,  to pay the plaintiff company the sum of €3302.52, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 78/2022SFJ) is deferred on the 15th November, 2022, at 12.30 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 7th July, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12) on the respondent Elton Xuereb.

Fal-Con Limited (C5190) of Fal-Con Service Station, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 15th March, 2022 whereby they asked the Tribunal to condemn Elton Xuereb (ID 188578M) of 1, Sqaq Stagno, Ħal Qormi, to pay the plaintiff company the sum of €5,000, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 79/2022MD) is deferred on the 22nd November, 2022, at 13.00 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals.

By a decree of the Court of Magistrates (Malta) of the 7th September, 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) on the respondent Stephen Vella.

Dr Andre Borg noe (ID 141883M) as mandatory of NWA Services Limited (C 58275) of Central Business Centre, Level), Triq l-Imdina, Ħaż-Żebbuġ ZBG 9015, filed a Claim on the 30th March 2022, whereby they asked the Court to condemn Stephen Vella (ID 556690M) of 40, Sunflower, Triq is-Silla, Marsaskala MSK 3400, and Automation Technologies Ltd, to pay the plaintiff nomine the sum of €11,474.52, which amount is due to the plaintiff nomine.

With costs and legal interests

The case (Application Number 32/2022RM) is postponed for hearing for the 7th November, 2022, at 9.30 a.m.

Notification: Stephen Vella (ID 556690M) of 40, Sunflower, Triq is-Silla, Marsaskala MSK 3400

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

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 12th of October, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section ordered the publication of the extract reproduced hereunder so that for every 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 12th of October, 2022, in the acts of the Schedule of Deposit bearing number 281/2022 SG of Michael Joseph Attard, accounts manager, son of Francis Savior Attard and Teresa née Cauchi, born in Detroit, Michigan, United States of America on the twenty-second (22) of July, one thousand nine hundred and fifty-eight (1958), and resides in Livonia, Michigan, United States of America, Maltese Income Tax number 888572724 (and American passport number 538492470); John Francis Attard, general accounting manager, son of Francis Savior Attard and Teresa née Cauchi born in Detroit, Michigan, United States of America on the twenty-seventh (27) of September, one thousand nine hundred and fifty-nine (1959), and resident in Livonia, Michigan, United States of America, Maltese Income Tax number 888572823 (and American Passport number 503185524); Salvina Agius, pensioner, widow of Frank Xavier Agius, daughter of Giuseppe Attard and Maria Anna née Xiberras, both deceased, born in Victoria, Gozo, on the twenty-seventh (27) of October, one thousand nine hundred and thirty-five (1935), and resident of Birkirkara, Malta, identity card number 66435G, humbly request:

That the applicants are the owners of a portion of land in Triq it-Tiġrija, Xagħra, Gozo, measuring approximately seven hundred and eighteen square meters (718sqm) or another more precise measurement bounding on the south with property of Vincent Agius and Salvina Agius, southeast with Triq it-Tiġrija and other unknown boundaries. A copy of the plan of the property which is marked with the letter 'B' on the same plan of which the ground-rent will be redeemed is hereby attached and marked as Doc. A. Michael Joseph Attard is the owner of one fourth undivided share, Francis Attard is the owner of one fourth undivided share while Salvina Agius is the owner of the remaining half undivided share of the above-mentioned property;

That originally part of this property was originally acquired by their predecessor in title Joseph Attard through a partition contract in acts in Notary Doctor Francesco Refalo dated the twenty-fourth (24) of November, one thousand nine hundred and twenty (1920), and from this deed it results that he owed the respondents two shillings and an illegible amount of money as an annual and perpetual ground rent on part of the property described above. In order to show their best intentions, the applicants will consider that they should pay three shillings in order to make sure that they are redeeming this ground rent correctly. The amount of three shillings is equivalent to fifteen cents of the old currency (Lm0.15c) equivalent to thirty-five euro cents (€0.35c) as an annual and perpetual ground rent on the property described above;

That the applicants by the faculty given to them by Article 1501 of the Civil Code wish to redeem this ground rent according to the law;

That the amount of thirty-five euro cents (€0.35c) capitalised with five percent (5%) amounts to seven euro (€7);

That the applicants are also depositing the sum of one euro and seventy-five euro cents (€1.75c) as ground rent arrears.

Accordingly, the applicants in order to exempt themselves from any responsibility are submitting to this Honourable Court and under its authority depositing the total sum of eight euro and seventy-five euro cents (€8.75c) as the amount to redeem the ground rent and payment of arrears due as explained above, which sum can be freely withdrawn by the respondent after giving the due receipt.

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 Magistrates (Gozo) Superior Jurisdiction, General Section, above mentioned, with the witness of the Hon. Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

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

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 12th of October, 2022, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder so that for every 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 12th of October, 2022, in the acts of the Schedule of Deposit bearing number 282/2022 SG of Michael Joseph Attard, accounts manager, son of Francis Savior Attard and Teresa née Cauchi, born in Detroit, Michigan, United States of America on the twenty-second (22) of July, one thousand nine hundred and fifty-eight (1958), and resides in Livonia, Michigan, United States of America, Maltese Income Tax number 888572724 (and American passport number 538492470); John Francis Attard, general accounting manager, son of Francis Savior Attard and Teresa née Cauchi born in Detroit, Michigan, United States of America on the twenty-seventh (27) of September, one thousand nine hundred and fifty-nine (1959), and resident in Livonia, Michigan, United States of America, Maltese Income Tax number 888572823 (and American passport number 503185524); Salvina Agius, pensioner, widow of Frank Xavier Agius, daughter of Giuseppe Attard and Maria Anna née Xiberras, both deceased, born in Victoria, Gozo, on the twenty-seventh (27) of October, one thousand nine hundred and thirty-five (1935), and resident of Birkirkara, Malta, identity card number 66435G, humbly request:

That the applicants are the owners of a portion of land in Triq it-Tiġrija, Xagħra, Gozo, measuring approximately seven hundred and eighteen square meters (718sqm) or another more precise measurement bounding on the south with property of Vincent Agius and Salvina Agius, southeast with Triq it-Tiġrija and other unknown boundaries. A copy of the plan of the property which is marked with the letter 'B' on the same plan of which the ground rent will be redeemed is hereby attached and marked as Doc. A. Michael Joseph Attard is the owner of one fourth undivided share, Francis Attard is the owner of one fourth undivided share while Salvina Agius is the owner of the remaining half undivided share of the above-mentioned property;

That originally part of this property was originally acquired by their predecessor in title Joseph Attard through a contract in acts in Notary Doctor Francesco Gauci dated the thirteenth (13) of August, one thousand nine hundred and forty-one (1941), and from this deed it emerges that he owed the respondents two shillings, ten soldi and six 'ħabbiet' as an annual and perpetual ground rent on part of the property described above. The amount of two shillings, ten 'soldi' and six 'ħabbiet' when rounded up towards the highest figure is equivalent to fifteen cents of the old currency (Lm0.15c) equivalent to thirty-five euro cents (€0.35) as annual and perpetual ground rent on the above-described property;

That the applicants by the faculty given to them by Article 1501 of the Civil Code wish to redeem this ground rent according to the law;

That the amount of thirty-five euro cents (€0.35c) capitalized with five percent (5%) amounts to seven euro (€7);

That the applicants are also depositing the sum of one Euro and seventy-five euro cents (€1.75) as ground rent arrears.

Accordingly, the applicants in order to exempt themselves from any responsibility are submitting to this Honourable Court and under its authority depositing the total sum of eight euro and seventy-five euro cents (€8.75) as the amount to redeem the ground rent and payment of arrears due as explained above, which sum can be freely withdrawn by the respondent after giving the due receipt.

You are therefore ordered to affix an official copy of these banns at the entrance of this 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 Magistrates (Gozo) Superior Jurisdiction, General Section, above mentioned, with the witness of the Hon. Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Magistrate of the said Court.

Superior Jurisdiction, General Section

Silvio Xerri

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

By means of a decree delivered by the Court of Appeal on 25th August, 2022, in the records of Application number 16/2022 in the names Marisa De Gabriele vs Patrick Zammit, the following publication was ordered to serve as a notification in regard to the said Patrick Zammit, pursuant to Section 187(3) et sequitur of Cap. 12 of the laws of Malta.

Whereas through the final decision given by the Ecclesiastical Tribunal on January 31, 2022, with Protocol number 20/021, the definitive annulment of the Catholic marriage between the parties Patrick Zammit and Marisa De Gabriele was pronounced by the Metropolitan Tribunal of Malta. Whereas on Tuesday, 23rd February, 2022, the same tribunal declared that since no appeal was made within the time period against the above-mentioned affirmative decision, the executability of the annulment was confirmed and certified through of the Executive Decree, issued according to the Code of Canon Law.

Therefore, the applicant is asking this Honourable Court of Appeal to order the Director of the Public Registry to register in terms of Sections 23 and 24 of the Marriage Act (Cap. 255), the decision of nullity of the marriage of the parties granted by the Metropolitan Tribunal of the Archdiocese of Malta, dated January 31, 2022 (Prot number 20/021); and consequently confirmed by the Decree of Executability of 23rd February, 2022, and declare that this decision of the Ecclesiastical Tribunal is enforceable in Malta for all purposes and effects of the law.

Notification: Patrick Zammit: 61, Springvale, Triq is-Sajjieda, Iż-Żurrieq

Dr F. Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals