Court Notices published in Govt. Gazette No 20,954. of 4th November 2022

By decree given by the Civil Court, First Hall on the 24th October, 2022, on the application of Bank of Valletta p.l.c. (C 2833), Thursday, 27th April, 2023, at half past ten in the morning (10.30 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:

Temporary utile dominium for the remaining period from one hundred and fifty years (150) which commenced from one thousand, eight hundred and ninety two (1892) of the maisonette numbered two (2) previously numbered sixty nine (69) in Triq Anton Buttigieg, previously known as New Street, Ħamrun, including its airspace. The property has window opening servitude on the first floor that overlooks onto the property yard on the ground floor. Part of the said maisonette is overlying other property and it enjoys prospect servitude and servitude from the underlying property and has in common the drains and drainage system. The said maisonette is subject to annual and temporary ground rent of one euro and forty cent (€1.40), otherwise free and unencumbered with all its rights and appurtenances and valued at ninety five thousand euro (€95,000).

The said tenement is the property of Zammit Gaetano (ID 496267M) and by decrees dated 25th May, 2020, and 19th July, 2021, were nominated LP Nicholette Aquilina and Dr Christopher Chircop as deputy curators for the absent.

N.B. The said tenement will be sold as described in the acts of judicial sales number 73/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 26th September, 2022, Application number 1916/2022, by Raymond Cauchi et whereby they requested that it be declared open in favour of Raymond Cauchi, Henriette Mare Islam, Anna Maria Cauchi, Vincent Cauchi, Michael Alfred Cauchi and Mario Cauchi nephews and nieces of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Guido Cauchi, bachelor, son of the late Vincent Cauchi and Domenica Cauchi née Bianchardi, born in Valletta, Malta, resided in Paola, Malta, and died in Msida, Malta, on the 31st March, 2021, aged 89, and who held identity card number 731031M.

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 26th September, 2022, Application number 1912/2022, by Carmel Axiaq et whereby they requested that it be declared open in favour of Miriam Axiak, 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 Carmel Axiaq and Marcellina Bonavia children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Emmanuele Axiak, widower of Giovanna Axiak and husband of Miriam Axiak, son of the late Giovanni Maria and Guzeppa née Seychell, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta, and died in Ħaż-Żabbar, Malta, on the 25th January, 2022, aged 85, and who held identity card number 62437M.

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 July, 2022, Application number 1272/2022, by Shaun McKay et whereby they requested that it be declared open in favour as for one half (1/2) undivided share on the on the beneficiaries of the deceased's wife that is the late Josephine McKay who are Shaun McKay, Charmaine Harmsworth, Alison Abela and Bernice McKay in undivided and equal shares between them and the remaining one half (1/2) undivided share on the same children of the decujus brothers and sisters McKay and that is Shaun McKay, Charmaine Harmsworth, Alison Abela and Bernice McKay all in undivided and equal shares between them the succession of Paul McKay, husband of Josephine McKay née Farrugia, son of the late Joseph McKay and Carmela McKay née Buhagiar, born in Valletta, Malta, resided in Birkirkara, Malta, and died in Msida, Malta, on the 5th November, 2008, aged 58, and who held identity card number 186050M.

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 a decree of the 16th September, 2022, of the Civil Court (Family Section), in the records of the Schedule of Deposits in the names Abigail Farrugia vs Aaron Farrugia, numbers 116/16, 117/16 and 88/19, the following publication was ordered for the purpose of effecting service on the respondent Aaron Farrugia 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 records of the schedule of deposits in the names Abigail Farrugia (ID 282762M) vs Aaron Farrugia (ID 322182M), filed in the Civil Court (Family Section), on the 25th January, 2022, the applicant Abigail Seisun previously Farrugia (ID 282782M) requested this Honourable Court to authorise her to withdraw the amount deposited by means of three schedule of deposit holding numbers 116/16, 117/16 and 88/19 representing her share from the dissolution and liquidation of the community of acquests in terms of a judgment by the Family Court of the 15th July, 2021, and this saving any other direction that the same may impose.

Applicant: Abigail Seisun, 13, Triq Frederick, Bormla

Notification : Aaron Farrugia, Flat 1, 44, Marigold, Triq Blat il-Qamar, Siġġiewi

In the Civil Court (Family Section)

Honourable Madam Justice Miriam Hayman, LLD

The Court,

Saw the application,

Orders the notification to the counter party with one week for a reply.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Joseph Borg vs Marthese Borg, Application number 470/2022AGV, the following publication was ordered for the purpose of effecting service on the respondent Marthese Borg 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 Borg (ID 210660M) vs Marthese Borg (ID 166770M), filed in the Civil Court (Family Section), on the 23rd August, 2022, the applicant Joseph Borg (ID 210660M) requested this Honourable Court to:

1. Declare the dissolution of the marriage between the parties;

2. Order the Registrar of Courts so that within the time allowed by this Court informs the Director Public Registry with the divorce of the parties so that it is duly registered in the Public Registry.

Applicant: All Seasons, Flat 1, Triq in-Naġġar, Mosta

Notification: Maria Theresa Delia, 33, Coronation, Flat 3, Triq Santa Barbara, Rabat, Malta

The Application in the names Joseph Borg vs Marthese Borg, Application number 470/2022AGV, has been postponed for hearing to the 22nd November, 2022, at 10.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 7th September, 2022, in the First Hall of the Civil Courts in the records of the judicial letter number 1211/2022 in the names Dr Stephen Muscat noe vs MedEnergy Trade Limited et, ordered the following publication for the purpose of effecting service on the respondents MedEnergy Trade Limited and Anthony Pisani in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: MedEnergy Trade Limited (C40227) of 28/20 Triq id-Dejqa, Valletta

Anthony Pisani (ID 69258M) of 23 Apollo court, Flat 2, Triq St Elias, St Julian's

By means of this present, Dr Stephen Muscat (ID 420772M) as special mandatory of the foreign company Sipri Metals & Steel FZE, a company is registered under the United Arab Emirates laws, with its registered address at PO Box 1611, Business Park, Rak Free Zone, Ras al Khalma, United Arab Emirates, solicits you so that by not later than ten (10) days from the date of notification of this letter, you pay the amount of $45,750 equivalent to €41,584.53 (saving changes in the rate of exchange), excluding interests, representing reimbursement of amounts paid to you by the interpellant company as advance payment for the consignment of material, which consignment was never sent.

If you fail to pay, you are being informed that further procedures will be taken against you by the interpellant, including the issuance of the opportune warrants according to law, without further notice.

So much so that you will know how to proceed

With costs of this letter and legal interest till the effective payment.

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 13th October, 2022, following a request of Advocate Elena Fenech noe it was ordered that deputy curators be chosen to represent the unknown owners, in the records of the Sworn Application 564/2022FDP, in the names Advocate Elena Fenech vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the First Hall Civil Court, in the names Advocate Elena Fenech (ID 367597M) as special mandatory of Philip sive Filippo Farrugia (IDF 495836M) and Alfred Farrugia (ID 1185721M) vs Deputy Curators to represent the unknown owners, on the 27th June, 2022, the applicant Advocate Elena Fenech (ID 367597M) as special mandatory of Philip sive Filippo Farrugia (ID 4958346M) and Alfred Farrugia (ID 1185721M) requested with respect in terms of Article 495A of Cap. 16 of the Laws of Malta and other relevant provisions of the same Cap. 16:

1. Subject to a declaration that the sale as contemplated in the promise of sale agreement signed on the 18th February, 2022, is beneficial to the co-owners, authorise the sale of the immovable property, that is the premises official numbered 17 in Our Lady of Angel Street, Ħaż-Żebbuġ, and this in terms of the rights and conditions mentioned in the promise of sale of the 18th February. 2022 (Doc. PAF 1);

2. Establish a time, day and time for the transfer;

3. Nominate Notary Rebekah Tabone to publish the relative deed of sale;

4. Nominate deputy curators to represent who from the co-owners fail to appear before the Notary for the deed and to receive the amount of the share they represent and this under those orders and conditions that it deems fit.

The Sworn Application number 564/2022FDP in the names Advocate Elena Fenech noe vs Deputy Curators is postponed for hearing on the 24th November, 2022, at 9.00 a.m.

Applicant: Iuris Advocates, 36, Triq l-Arċisqof, Valletta

Respondents: Deputy Curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.

And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Christian Falzon Scerri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 3rd October, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Vivendo Malta Ltd (C46406) of Vivendo, 1/4, Triq l-Imdina, Ħal Qormi, filed a Claim on the 17th January, 2022, whereby they asked the Court to condemn Exclusive DHW Ltd (C58390) of Apartment 5, Interlace, Block C, Trejqet it-Torri, Marsaskala, to pay the plaintiff company the sum of €9,312.05, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 11/2022MLF) is deferred for hearing to the 9th January, 2023, at 11.30 a.m.

Notification: Exclusive DHW Ltd of Apartment 5, Interlace, Block C, Trejqet it-Torri, Marsaskala

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 4th March, 2021, following a request by HSBC Bank Malta plc it was ordered that deputy curators be chosen to represent the unknown heirs of Houdaifa Vincensina in the acts of the judicial letter number 745/2021 in the names HSBC Bank Malta plc vs Deputy Curators and in the other relative and subsequent acts.

By means of a judicial letter filed in the First Hall of the Civil Courts on the 24th February, 2021, HSBC Bank Malta plc (C3177) of 32, Triq il-Merkanti, Valletta, against Houdaifa Nahi and deputy curators to represent the unknown heirs of Houdaifa Vincensina (ID 291149M), HSBC Bank Malta plc brings to your formal notice the fact that on the day of the 1st February, 2021, you defaulted in your loan repayment, which loan was given to you by means of a contract in the records of Notary Dr Carmel Gafà dated 5th June, 2007, in the amount of €18,389.79 and thus the interpellant bank solicits you so that within two days you pay this amount. Furthermore the bank company informs you that this arrears amount adds up with €127.92 per month after that date;

brings to your formal notice the fact that on the day of the 1st February, 2021, you defaulted in your loan repayment, which loan was given to you by means of a contract in the records of Notary Dr Carmel Gafà dated 5th June, 2007, in the amount of €16,557.51 and thus the interpellant bank solicits you so that within two days you pay this amount. Furthermore the bank company informs you that this arrears amount adds up with €129.01 per month after that date;

Informs you that if you fail to pay all the arrears within fifteen days from the date of notification of this letter, the whole balance will be due all at once besides the legal interest at the rate of 8% per annum till the date of effective payment;

To avoid useless Court costs, if the payment of the debt within the time given is not possible and you need more time for payment with monthly installments, you can admit your debt with the Bank by means a notarial act. In this case you are requested that within fifteen days from when you receive this letter you inform the Bank and appoint a notary.

This letter is being filed as well to interrupt prescription and as such is required by law in terms of article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

In default further procedures will be taken against at Court without further notice.

So much so that you may know how to regulate yourselves

With costs

Interpellant: HSBC Bank Malta plc, 32 Triq il-Merkanti, Valletta

Respondents: Deputy Curators

You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.

And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Grazio Mercieca, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by a decree issued on 24th September, 2021, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, in the records of application number 68/2020 SG in the names 'Formosa Louis et vs Axiak Lawrence et' filed in the Register of the same Court on 23rd September, 2020, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Lawrence Axiak (holder of identity card number 31844G) of 127, Triq il-Knisja, Għarb, Gozo, and this in terms of article 187 (3) of Cap. 12 of the Laws of Malta.

Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Whosoever is in receipt of this sworn application in his regard shall file a sworn reply within twenty (20) days from the date of service thereof, which is the date of receipt. Should no written sworn reply be filed in terms of the law within the prescribed time, the Court shall proceed to adjudicate the matter according to law.

It is for this reason in the interest of whosoever receives this sworn application to consult an advocate without delay that he may make his submissions during the hearing of the case.

Louis Formosa (ID 97249G)

Ursola sive Maria Ursola Portelli (ID 1423G), Dar ix-Xini, Triq Carmela Galea, Għarb, Gozo

vs

Lawrence Axiaq (ID 31844G), 127, Triq il-Knisja, Għarb, Gozo

Maria Assunta sive Sonia Borg (ID 42255G), 155, Triq il-Knisja, Għarb, Gozo

Mary Axiaq (ID 56648G) and Rita Galea, 155, Triq il-Knisja, Għarb, Gozo

Sworn Application of Louis Formosa and Maria Ursola Portelli above mentioned.

They solemnly declare and Louis Formosa confirms on oath the following:

1. Whereas they are co-owners together with others of the majority share of a plot of land known as 'Ħdejn Ta' Babaw' situated in the limits of Għarb, Gozo in Tal-Fgura area, divided into two parts; one beneath the other with an area of four and a half mondello equivalent to eight hundred and forty two point fifty square metres (842.50m2), free and unencumbered from any easement, confined from the north and east with property of Giuseppe Cauchi or his successors in title, from the north with property of Giovanni Borg or his successors in title, from the south with entry and from the west with property of Antonio Formosa, which plot of land is accessible from Triq il-Knisja, from the entry above mentioned and from the property of the defendants;

2. Whereas from time immemorial, the plaintiffs and those before them, have accessed the above-mentioned plot of land as above indicated, that is from the entry found in Triq il-Knisja, Għarb, and from the land belonging to the defendants;

3. Whereas recently the plaintiffs noticed that the defendants have been blocking access to the plaintiffs by first installing a gate and subsequently blocked the door giving access to the land of the plaintiffs from the land of the defendants, by erecting a wall;

4. Whereas access from the land belonging to the defendants, is a necessary right of passage, and according to the law, can be acquired by means of prescription;

5. Whereas in any case should it result that there is no right of passage belonging to the plaintiffs from the property of the defendants, this means that the land belonging to the plaintiffs is closed and the only means of access to the public road is through the land belong to the defendants;

6. Whereas the defendants are refusing and opposing the plaintiffs, their right of passage to their land above mentioned, from their land.

Now therefore, this Honourable Court is requested to declare and decide the following:

1. That the land belonging to the plaintiffs enjoys the right of passage by foot and by plough from the land belonging to the defendants;

2. Subordinately and in case that the first demand is not granted, orders the defendants to give the right of passage necessary according to article 447 of the Civil Code (Cap. 16 of the Laws of Malta);

3. Gives any other order which the Court deems fit and opportune.

All costs, including those of the legal letter dated 25th June, 2020, are to be borne by the defendants, summoned to give evidence.

The hearing of the application is deferred to Tuesday, 15th November, 2022, at nine in the morning (9.00 a.m.) in the Gozo Court building.

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 14th 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 14th of October, 2022, in the acts of the Official Letter bearing number 569/2022 SG of Dr Marsette Portelli Xerri, on behalf and in the interest of Matea Todorovic, holder of identity card number 175243A, of 22, Triq Sir Luigi Camilleri, Victoria, Gozo, as duly authorised, humbly requests:

Through the present letter, Dr Marsette Portelli Xerri, on behalf and in the interest of Matea Todorovic, holder of identity card number 175243A, of 22, Triq Sir Luigi Camilleri, Victoria, Gozo, as duly authorized, calls on you so that within one week from when the present judicial act is served upon you, you pay her the amount of thirty-three thousand, one hundred and eighty-one euro and forty cents (€33,181.40), representing an amount owed to her in line of expenses incurred after the death of Gary Raymond Beal, who had the identity card number 143765A, consisting in the following:

i. Legal expenses – €4,730;

ii. Cremation services – €6,158;

iii. Repairs on the electronic systems, which were necessary in order to obtain details – €902.72;

iv. Electricity and water bills – €3,140.98;

v. Costs to be able to relocate movables belonging to the said Gary Raymond Beal – €550;

vi. Rent relative to the premises in which the said Gary Raymond Beal resided – €1,650;

vii. Rent relative to the garage rented by Gary Raymond Beal (€400 per month for 28 months) – €11,200;

viii. Memorial service – €2,549.70;

ix. Rent relative to Matea Todorovic's residential property which was left sealed pending the magisterial inquiry – €1,800;

x. Transport – €500

Should you remain in default and fail to pay the requested amount within the indicated period of time, claimant will have no other option than to proceed judicially, through the filing in of a civil action and the necessary warrants.

Against costs of the present and legal interest until date of actual payment.

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.

Silvio Xerri

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

By decree given by the Civil Court, First Hall, on 29th September, 2022, in the acts of Sworn Application number 364/2022RGM, which was presented on 28th April, 2022, in the names: Caruana Saviour et vs Mangion Productions Ltd, 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 defendant company to pay the claimant the said sum of twenty-two thousand five hundred and ninety-four euro and ninety-two cents (€22,594.92c). With costs against the defendant company; representatives of which defendant company are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 24th November, 2022, at 9.30 a.m.

Notification Respondent: Mangion Productions Ltd, Flat 8, Blk 3, Pieta Apartments, Msida Seafront, Pieta.

Register of the Superior Courts, today 31st 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 Hall, on 28th September, 2022, in the acts of Sworn Application number 72/2022ISB, which was presented on 11th July, 2022, in the names: Camilleri Joseph Avukat noe vs Operational Technology Services Ltd (C62127), 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: Declare and order the dissolution and consequently the winding up of the respondent company OTS.

The Sworn Application in the names mentioned above is postponed to 23rd November, 2022, at 9.00 a.m.

Notice Respondent: Operational Technology Services Ltd (C62127), 8th Floor, Regent House, Triq Bisazza, Tas-Sliema

Register of the Superior Courts, today 21st 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 Hall, on 13th October, 2022, in the acts of Sworn Application number 440/2014JVC, which was presented on 25th April, 2022, in the names: Iris Cauchi et vs Carmel Abela, 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: Joseph Abela and Christopher Abela request this Court with respect so that the acts of this case will pass on to them instead of the late respondent Carmelo Abela.

The Sworn Application in the names mentioned above is postponed to 29th November, 2022, at 9.10 a.m.

Notification Respondent: Cauchi Iris, Flat 5, Capua Flats, Trejqa Dun Ġennaro Camilleri, Tas-Sliema

Register of the Superior Courts, today 31st 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 Hall, on 23rd September, 2022, in the acts of Sworn Application number 765/2022JVC, which was presented on 23rd August, 2022, in the names: Ganado Trustees & Fiduciaries Ltd vs Ellul Sullivan Sydney, 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 eviction of the respondent from premises 6, Triq San Ġwann Bosco, Tas-Sliema, within a short and peremptory time to be stipulated by this Honorable Court. With all costs against the defendants who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to15th November, 2022, at 9.00 a.m.

Notification Respondent: Ellul Sullivan Sydney, 6, Triq San Ġwann Bosco, Tas-Sliema

Register of the Superior Courts, today 31st 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 Hall, on 10th October, 2022, in the acts of Sworn Application number 626/2022TA, which was presented on 14th July, 2022, in the names: Vella Mary Grace et vs Baldacchino Carmelo sive Charlo et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents for the payment of damages thus liquidated with legal interest. With all the costs against the respondents who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 14th November, 2022, at 9.45 a.m.

Notification Respondent: Grech Matthew, 81, Osprey,  Triq ta' Vnezja,  Mosta

Register of the Superior Courts, today   31st 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 Hall, on 22nd June, 2022, in the acts of Sworn Application number 262/2022MH, which was presented on 25th March, 2022, in the names: D'Agosta Lucia vs Mercieca Alex, 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: In the event that the respondent is not in a position to transfer the property for any reason, prior to any declaration in this regard, order that the respondent shall refund the amount of one hundred and thirty-eight thousand euros (€138,000) to the claimant. With all costs against the respondent who is now entitled to the subjection.

The Sworn Appeal in the names mentioned above is postponed to16th November, 2022, at 9.00 a.m.

Notification Respondent: Mercieca Alex, 4, Anil, Triq il-Ħawt, Swieqi

Register of the Superior Courts, today 31st 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 Hall, on 29th September, 2022, in the acts of the Sworn Application number 507/2022NC3, which was presented on: The University of Malta vs Foca Carmelo sive Charles, 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: It condemns and orders the respondent to remove any serious unauthorised works found by this Honorable Court, by doing the necessary work according to the advice and under the supervision of the same experts of the Court to stop the illegalities. With the legal interest where applicable and with the costs against the respondents which are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 17th November, 2022, at 9.45 a.m.

Notification Respondent: Foca Carmelo sive Charles, Soleado, Triq Salvu Buhagiar, Marsaskala

Register of the Superior Courts, today 31st 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 Hall, on 6th October, 2022, in the acts of Sworn Application number 617/2022FDP, which was presented on 13th July, 2022, in the names: Camilleri Mamo Simone et vs Mamo Maria sive Mary, 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 and order the defendant Maria sive Mary Mamo to pay the plaintiffs the amount so liquidated. With all the costs against the respondent who is now summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 24th November, 2022, at 9.00 a.m.

Notification Respondent: Mamo Maria sive Mary, 81, Margod, Triq Ignazio Saverio Mifsud, Birkirkara

Register of the Superior Courts, today, 31st 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 Hall, on 29tht September, 2022, in the acts of the Warrant of Prohibitory Injuction number 1088/2022/1JRM, which was presented on 12th August, 2022, in the names: Stivala Vincent and Stivala née Maksyukova Oxana Vladimirovna vs Wolfgang Roehler sive Rohler 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: Therefore, the plaintiffs are humbly asking that this Honourable Court to order the issuing of a Warrant of a Prohibitory Injuction in order to prohibit the defendant from continuing to do the above acts.

The Warrant of the Prohibitory Injunction in the names mentioned above is adjourned to 10th November, 2022, at 13.00 p.m.

Notification Respondent: Wolfgang Roehler sive Rohler. Flat 25, Hampton Court, Block B, Triq il-Qroll, St Paul's Bay

Register of the Superior Courts, today 31st 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 Hall, Constitutional Jurisdiction, on 4th October, 2022, in the acts of Constitutional Application number 339/2022NC3, which was presented on 23rd June, 2022, in the names: Scicluna Marshall Marcus et vs State Attorney 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 to pay the claimant the same compensation and liquidated pecuniary and non-pecuniary damages, with legal interest until the date of effective payment.

The Constitutional Application in the names mentioned above is postponed to 1st December, 2022, at 9.00 a.m.

Notification Respondent: Sammut Annunziata, Flat 20, Balluta Buildings, St Julian's

Register of the Superior Courts, today 31st 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 Hall, on 27th September, 2022, in the acts of Sworn Application number 498/2022CFS, which was presented on 9th June, 2022, in the names: Baldacchino Jesmond et vs Borg Saviour 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: Order that the partition wall on the ground floor be restored to its original thickness. With the costs against the respondents who are now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed to 5th December, 2022, at 8.30 a.m.

Notification Respondent: Borg Saviour u Borg Tania 7, Sqaq il-Parroċċa Nru 1, Siġġiewi

Register of the Superior Courts, today 31st 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 Hall, on 23rd September, 2022, in the acts of Sworn Application number 136/2022MH, which was presented on 17th February, 2022, in the names: Grioli Joseph vs Borg Jeanne, 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: It orders the defendant to pay the plaintiff the compensation as liquidated by the mentioned Honorable Court. With costs and legal interest against the defendant, who is now summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 7th December, 2022, at 9.00 a.m.

Notification Respondent: Borg Jeanne, 55, Flat 3, Triq il-Gejża, Swieqi

Register of the Superior Courts, today, 31st 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 Hall, on 27th September, 2022, in the acts of Sworn Application number 181/2022FDP, which was presented on 2nd March 2022, in the names: Said Albino et vs Charter Properties Ltd, 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 company Charters Properties Limited to pay that amount so liquidated in accordance with the previous claim. With interest and all costs against Charter Proprties Ltd which is from now summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is postponed 15th December, 2022, at 9.00 a.m.

Notification Respondent: Charter Properties Ltd, 1, Lara Bldgs, Office 3, Triq Ġuzeppi Calleja, Iklin

Register of the Superior Courts, today, 31st 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 Hall, on 17th October, 2022, in the acts of Sworn Application number 710/2022MCH, which was presented on 6th August, 2022, in the names: Falzon Peter sive Pierre and Falzon Helen sive Elenata vs Zammit Robert Lawyer, 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: Orders the revocation of the Warrant of the Prohibitory Injunction in toto or in parte in terms of Articles 1(a), (b), and (f) of Cap. 12 of the Laws of Malta and in the absence of this, in a subsidiary manner, order the respondent to pay an appropriate guarantee in terms of Article 838A of Cap. 12 of the Laws of Malta. With costs against the respondents.

Notification Respondent: Falzon Peter sive Pierre and Falzon Helen sive Elenat 28, Landbridge Mansions, Islet Promenade, St Paul's Bay

Register of the Superior Courts, today 31st October, 2022

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

For the Registrar, Civil Courts and Tribunals

By a Decree of the 31st October, 2022, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according the Article 338 (1) of the Code of Organisation and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by Armen Stepanian Russian Passport number 737049759 previously 64No2021565 on the 27th October, 2022, the approval of the said judicial acts is being demanded for the amount of €159,000 following judicial sale by auction 21/18 in the names Damian Borg vs Dr Josette Sultana et noe held under the authority of the said Court on the 20th October, 2022.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 25th October, 2022, on the application of Michael Debono Limited (C10002), Wednesday, 7th December, 2022, at half past eleven in the morning (11.30 a.m.) has been fixed for the Sale by Auction, to be held in J&J Boatyard, garage number fifty five (55) limits of Għadmija, Mqabba, of the following vehicles seized from the property of Ahmed Mohammed (ID120673A):

Vehicle of the make Toyota Procace silver in colour with the registration number DLY 264;

and

Vehicle of the make Toyota Procace brown in colour with the registration number GLY 194.

N.B. The said vehicles will be sold as described in the acts of judicial sale file number 11/22.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By decree given by the First Hall, Civil Courts on the 10th October, 2022 on the application of Bank of Valletta plc (C2833), Thursday, 9th February, 2023, 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:

The house numbered thirty (30) previously numbered fifty two (52) in Triq Konti Ruġġieru, Rabat, Malta, built on two floors above street level while completely below street level there is an underground floor (basement) whose access is directly from stairs and internal lift while on the rear the basement has direct access to the back garden free and unencumbered with all its rights and appurtenances and including its relative airspace valued at seven hundred and twenty five thousand euro (€725,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M) and Gouder Joseph (ID 616356M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 53/2019.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 27th October, 2022, on the application of Il-Mibrum Auto Dealer, Wednesday, 14th December, 2022, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in number one hundred and sixty four (164), 'St Joseph', Triq Wied il-Għajn, Ħaż-Żabbar, of the following vehicle seized from the property of Carmelo Leonardi (ID 247229A):

Vehicle of the make Isuzu Tip blue in colour with the registration number ICF 835.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 8/22.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

By means of a decree of the 31st of October, 2022, given on an application of John Charles Lucas, filed on the 18th of October, 2022, in the records of application number 2087/2022 wherein it was ordered the publication of the inventory of the estate of the late Godwin Lucas (ID 469758M), son of John Charles Lucas and Carmela née Ciarlò, born at Tal-Pietà and died at Msida on the 18th of June, 2022, aged 63 years.

This publication is going to be held on Friday the 25th of November, 2022, at ten in the morning (10.00 a.m.) at 48, Triq Isouord, Marsa, under the ministry of Notary Dr Patricia Hall.

Carmen Scicluna

For the Registrar Civil Court and Tribunals

By decree given by the Civil Court, First Hall, on 26th May, 2022, on the application of Zammit Raymond (ID 250659M), Tuesday, 6th December, 2022, at half past ten in the morning (10.30 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:

The groundfloor tenement number one (1), Morning Mist, forming part of a block with official number two (2), named Lucienne Flats, in Triq il-Kummerċ, Birżebbuġa, with access from the common door, and corner situated, free and unencumbered, with drains and drainage independent from the overlying flats and is subject to window servitudes and rainwater drainage from the overlying flats, and has in common with other flats the entrance from the main door, the entrance hall, the stairs to the roof, and has a divided share of the roof of flat number three (3), separated with a division wall from the remaining of the roof of flat number three (3), and is subject to the right of passage in favour of the owners of flat number two (2) and three (3) in the said block, subject to the annual and perpetual groundrent of eighteen euro and sixty four cent (€18.64) subject to revision after one hundred (100) years with effect from twenty fourth April, the year nineteen sixty six (24.04.1966), and after every fifty (50) years according to the value of the sterling at that time compared to that of the year nineteen sixty six (1966) and is valued at one hundred and seventy five thousand euro (€175,000).

The said tenement is the property of Portelli Marthese (ID 8065M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd October, 2022, Application number 1691/2022, by Mariella (Maria-Gabriella) Farrugia, Angela Incorvaja, Joseph Farrugia, Alessandro Farrugia u Carmel sive Lino Farrugia, whereby following the application Giovanna sive Jane Farrugia née Galea, widow of Giovanni Farrugia, daughter of the late Giuseppe Galea and Angelica Sciortino, born in Valletta on the 15th June, 1929, aged 93, and residing in Ħ'Attard, Malta, and holding identity card number 413729M, was interdicted from all the acts of the civil life by means of a decree given on the 19th October, 2022.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 9th August, 2022, Application number 1554/2022, by Sarah Albonazzo née Camilleri and Ian Camilleri, whereby following the application Duncan Camilleri, bachelor, son of the late Frederick David Camilleri and Anna Maria Camilleri née Falzon, born in St Julian's, Malta, on the 9th May, 1973, aged 49, under the care at Casal Nuova, Paola, and holding identity card number 0241773M, was interdicted from all the acts of the civil life by means of a decree given on the 22nd September, 2022.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By a decree given on the 11th October, 2021, 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 28th September, 2022 on the application of HSBC Bank Malta plc (C3177), Thursday, 30th March, 2023, at noon (12.00 p.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 three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Triq D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Triq D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 3rd March, 2022, Application number 379/2022, by Joseph Gauci, whereby following the application Josephine Gauci née Corrado, widow of Victor Gauci, pensioner, daughter of the late Emanuel Corrado and Catherine Corrado née Aquilina, born in Tarxien, Malta on the 7th October, 1946, aged 75, and is under care at Saura Home, Rabat, Malta, and holding identity card number 862446M, was interdicted from all the acts of the civil life by means of a decree given on the 16th June, 2022.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 1st November, 2022, given on an application of Joseph Buttigieg (ID 427962M), Anthony Buttigieg (ID 462863M) u Michael Buttigieg (ID 372768M), filed on the 27th September, 2022, decree number 1907/2022, wherein it was ordered the publication of the inventory of the estate of Angelo Buttigieg (ID192740M) separated, son of John Buttigieg and Catherine Buttigieg née Cumbo, born at Żejtun, Malta and died in the United Kingdom, on the 2th of November, 2020, aged 80 years.

This publication is going to be held on Tuesday, 29th of November, 2022, at noon (12.00 p.m.) at 58, Triq l-Ifran, Valletta, under the ministry of Notary Doctor Brenda Jane Camilleri Vella.

Antonia Dalli

For the Registrar Civil Court and Tribunals

By order given by the Civil Court, First Hall, on 11th January, 2022, in the acts of the Sworn Application number 1028/2013JVC, which was filed on 18th October, 2013, in the names: Azzopardi Dylan vs Zammit Peter et and Charlotte Zammit who was called in the proceedings by a decree issued 11th March, 2014, the following publication was ordered, pursuant to Article 187 (3) et sequitur of Cap. 12 to serve notice on the respondent. The applicant claims that the Court should, inter alia: Order the respondent to pay the applicant the sum of sixty thousand euro (€60,000). With costs, including those of warrant of seizure, seizure and injunction and commercial interest from the due date of the present bill of exchange.

The Sworn Application in the above names is adjourned for hearing on 19th January, 2023, at 9.05 a.m.

Notification Notice: Charlotte Zammit, Bellavista Court, Flat 7, Dawret il-Qawra, St Paul's Bay

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

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 31st October, 2022, and upon an application numbered 814/2022, ordered:

The Director of the Public Registry to make the appropriate annotations and/or corrections in the Act of Marriage bearing number 1397 of the year 1986, by deleting the surname 'Preziosi' in the column headed 'Particulars respecting the husband – Name and surname', as well as in calce of the same Act of Marriage where there are the first and last names of the signatories, so that the last name of the husband only appears as 'Hero'. This should also extend to the surname of his wife Isabella née Damato.

Court of Revision of Notarial Acts

ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

By a decree given on the 11th October, 2021, 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 Organization and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall on the 28th September, 2022 on the application of HSBC Bank Malta plc (C3177), Thursday, 30th March, 2023, at noon (12.00 p.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 three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Triq D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Triq D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID 24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 20th October, 2022, in the acts of Sworn Application number 730/2022FDP, which was presented on 11th August, 2022, in the names: Venscic Ltd vs Galea Carmel 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 return the same items to the plaintiff society in the same good condition as they were, and this within a short and peremptory time stipulated by this honorable Court and failing this, order the respondent to pay to the applicant the equivalent sum after the Court liquidates the amount due. With legal interest and costs against the respondent who is from now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on 19th January, 2023, at 9.30 a.m.

Notification Respondent: Galea Carmel, Tropicana, 200, Triq Mons. Alfredo Mifsud, St Paul's Bay

Register of the Superior Courts, today 2nd November, 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 Hall, Constitutional Jurisdiction on 17th October, 2022, in the acts of Constitutional Application number 250/2022ISB, which was presented on 20th May, 2022, in the names Abdilla Edward vs State Attorney Et, the following publication was ordered, in accordance with 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. With 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 14th November, 2022, at 9.30 a.m.

Notification Respondent: Buttigieg Hermann, 111, Triq il-Bwieraq, Birkirkara

Register of the Superior Courts, today, 2nd November, 2022

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

For the Registrar, Civil Courts and Tribunals

By a decree given on the 24th of 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 11th March, 2016, by Bank of Valletta plc (C2833), Application number 12/16 in the names Bank of Valletta plc (C2833) vs Kurt Mario Bezzina (ID 397488M) being asked that the Court orders the sale by auction of the:

The flat internally marked number twelve (12) in Block letter 'E', situated on level six (6) of the said block on the right hand side as one faces the block from Triq it-Turisti, Saint Paul's Bay, which block has access from a common unnumbered entrance and marked as Vela Vista Block E on Triq it-Turisti, Saint Paul's Bay, which block is bounded on the southeast by Triq it-Turisti, northeast with Triq il-Baħħara and west and other boundaries with property of Prestige Apartments developers or its successors in title. The said flat is subject to groundrent and all other conditions as indicated in the procurement contract dated twenty sixth February, two thousand and ten (26.2.2010) in the acts of Notary Dr Jean Paul Farrugia with the its rights and appurtenances;

2. The two (2) car garage forming part of the garage complex, internally numbered twenty seven (27) on level minus two (-2). The said garage is bounded on the South by Triq it-Turisti, Saint Paul's Bay, on the West by another garage property of the Vendor and on the East by property of Charles Micallef. The said garage is subject to groundrent and other conditions as mentioned in the procurement contract dated twenty sixth February, two thousand and ten (26.2.2010) in the acts of Notary Dr Jean Paul Farrugia with all its rights and appurtenances.

The said tenement is the property of Kurt Mario Bezzina (ID 397488M).

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By order given by the Court of Appeal (Superior Jurisdiction) on 6 October 2022, in the records of Application number 32/2015/1 in the names Avukat Henry Saydon (ID 458180M) vs Riger Dov (ID 62452A) the following publication was ordered for the purpose of service of Riger Dov pursuant to Section 187 (3) et sequitur of Cap. 12.

By a Notice of Hearing of a cause issued by the Registry of the Court of Appeal and since the written proceedings before the Court of Appeal in the case between ismijiet Advocate Henry Saydon (KI 458180M) vs Riger Dov (KI 62452A) have been closed, the Court has set the hearing for this cause for the 10th January, 2023, at 9.15 a.m.

Notification: Riger Dov, Penthouse T10B, Apartment 58, Tigné Point, Tas-Sliema

Dr. Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Constitutional Court on 17th October, 2022, in the records of Appeal Application number 134/2020 in the names Felicity Wismayer (ID 0869252M) and by decree of 5th November, 2020, by order of Court in front of the name 'Felicity' the word 'Ann' was inserted vs the State Advocate and Michael Angelo La Rosa (ID 0423734M) and Emily La Rosa (ID 0097444M) ordered the following publication in regard to Ann Felicity Wismayer pursuant to section 187(3) et sequitur of Cap.12 of the Laws of Malta.

By means of a Reply to an  Appeal and a Cross Appeal filed on 7th July, 2022, by Michael Angelo La Rosa and Emily La Rosa the exponents submit that since the principle of pacta sunt servanda should prevail as the parties were aware of the laws that were in force at the time they were signed, and therefore of the applicable statutory rights and obligations, the appellant's request for payment of compensation from the beginning of the second emphythetical grant as explained and mentioned in the appealed judgment of the First Hall of the Civil Court (Constitutional Jurisdiction) (i.e. the First Court) of 22nd June, 2022, cannot succeed. In addition, the appellant is not consistent in relation to the date on which she claims the payment of compensation. In fact, the exponents consider that an appeal is not being made from the judgment of the First Court in that part where the cut-off date of the compensation was established by it as  being 31st July, 2018. Once as a result of Act XXVII of 2018 amendments were made to Chapter 158 of the Laws of Malta and which entered into force on 1st August, 2018, which gives the owner the right to seek redress before the Rent Regulation Board and to request a revision of the rent, the appeal as proposed by the appellant that she suffered a breach of her rights has no merits.

As for the Cross appeal by the exponents, their ground of appeal is mainly based on the decision of the First Court in which it limitedly upheld the appellant's first and second claims wherein the said court decided that section 12(2) of Chapter 158 of the Laws of Malta is imposing conditions that violate the right to enjoyment of property according to Article 1 of the First Protocol of the European Convention for a period between 17th November, 2014 until 31st July, 2018, and consequently upheld the claim for compensation for such a violation.

… omissis …

The exponents submit that the First Court should not have considered that the effects of Chapter 158 had been triggered between the parties and consequently should not have decided that there was a breach when the lease de quo came into force. Once the First Court decided that when the second emphyteutical grant came to an end, the exponents did not utilize the right they had under Act XXIII of 1979, the conclusion that follows is that the effects of Chapter 158 were not trigger between the parties and therefore, there was no breach.

… omissis …

Whereas the appellant lacks the juridical interest required by the Law to pursue the action as proposed in the original application against the exponents since the exponents have not used their right of conversion ipso iure granted by section 12(2) of Chapter 158 or otherwise from the right of indefinite renewed lease, but they entered into a new contractual relationship, with new conditions regulated by them and not ex lege, being far more onerous than what ipso iure conversion provides. The mechanism under section 12(2) has never been activated and therefore in the particular circumstances of this case, the exponents argue that there is no violation of the First Article of the First Protocol of the European Convention for Human Rights.

Therefore, the exponents respectfully ask this Honourable Court to vary and reform the judgment of 22nd June, 2022,  the First Court where it limitedly upheld the first and second requests of the appellant and instead dismiss the first and second claims in their entirety and consequently declare that there was no violation of the appellant's rights and thus dismiss the rest of the claims, with all the costs of the two instances against the appellant.

Appeal number 134/2020 in the names above mentioned was deferred to 28th November, 2022, at 9.00 a.m.

Notification: Ann Felicity Wismayer, 82A/1, Curzon Court, Triq Sir Adrian Dingli, Tas-Sliema

Dr Franco Bondin, LLD, M. Jur

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior Jurisdiction) on 10th February, 2022, in the records of Application number 179/2017 in the names Joanne Borg (ID 427498M) vs David Abela (ID 0572177M) the following publication was ordered to serve as a notification against the said David Abela, pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Application number 179/2017 in the aforementioned names, the applicant Joanne Borg asked the Honourable Court of Appeal to:

1. Authorise the exponent to withdraw the passports of the minor children;

2. Authorise the exponent, in case of need, to renew the same passports without the necessity of participation by the appellant;

3. Authorise the minor girl to travel abroad for her scholastic internship subject to the exponent's obligation to immediately inform the appellant about the details of the travel abroad.

Notification: Plot 3A, FL 2, Triq il-Ġdida, Blat il-Qamar, Siġġiewi

Dr F.  Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 4th October, 2022, on the application of HSBC Bank Malta plc (C3177), Thursday, 23rd February, 2023, at half past ten in the morning (10.30 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:

The tenement named Millenia, in Triq Aldo Moro, Marsa, consisting of a rectangular plot of depth of circa 50.5 metre and frontage of circa 27.5 metre, with the frontage leading directly on the service road that abuts from and in Triq Aldo Moro (hereby described as service road) and the back façade leading directly on Triq Troubridge. The tenement is built and consists in a basement and four floors built over the street level and the overlying airspace, with areas of the tenement being rented and divided in : Level -01 consisting of stores and open car park, Level 00 consisting in two offices, one presently being used by the Malta Resources Authority while the other office is being used by a religious centre, Level +01 consisting of an office presently used by the Ministry for the Economy, Investment and Small Business (MEIB), Level +02 consisting of an office presently used by the Environment Resources Authority (ERA), Level+03 consisting of an office presently used by the Ministry for Home Affairs and National Security (MHAS), Level +04 consisting of airspace, part of which is roofed and where one finds number of services that serve the complex, and the overlying airspace, bounded west by said service road, east by another unnamed road abutting on Triq Troubridge Street, and north by property of V.V.M. Limited or its successors in title and south by property of Joseph Bezzina and Company Limited, with all its rights and appurtenances and valued at eight million, nine hundred and thirty nine thousand and six hundred and eighty one euro and fifty cent (€8,939,681.50)

The said tenement is the property of Mizzi Group Ltd (C21948)

N.B. The said tenement will be sold as described in the acts of judicial sales number 6/2021.

Gaetana Aquilina

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 twenty-four (24th) of October of the year two thousand and twenty-two (2022) (Application number 122/2022BS), Zachary Cassare et requested the opening of the succession of Carmel Cassar, bachelor, son of the late Francis Cassar and Pawla née Xerri, born in Xewkija, Gozo, on the twenty-eighth (28) of July one thousand nine hundred and fifty (1950) and resided in Xewkija, Gozo (identity card number 66250G) and died in Victoria Gozo, on the tenth (10) of December of the year two thousand and twenty one (2021), tested. That he regulated his succession with a will in the acts of the Notary Doctor Josianne Mifsud of the eighth (8) of November of the year two thousand and twenty one (2021) by virtue of which he did not leave any heirs and therefore his inheritance passed according to the law to his nine (9) brothers and sisters and that are Zachary Cassar, legally separated, son of the deceased Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the twenty first (21) of July one thousand nine hundred and sixty five (1965) and resident in Xewkija, Gozo (identity card number 26665G); Rita Spiteri, born Cassar, wife of Francis Spiteri, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the fourth (4) of June in the year one thousand nine hundred and sixty three (1963) and resident in Xewkija, Gozo (identity card number 27863G); Catherine Zerafa, born Cassar, wife of Peter Zerafa, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the twenty-third (23) of March in the year one thousand nine hundred and fifty-seven (1957) and resident in Nadur, Gozo (identity card number 19257G); Angela Spiteri, born Cassar, wife of Carmelo Spiteri, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the twenty-eighth (28) of October of the year one thousand nine hundred and sixty (1960) and resident in Victoria, Gozo (identity card number 61360G); Josephine Cassar, maiden, born Cassar, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born in Xewkija, Gozo, on the twenty-eighth (28) of September of the year one thousand nine hundred and fifty-four (1954) and resident in Xewkija, Gozo (identity card number 58154G); in his own name as well as on behalf of his siblings: Elizabeth Cassar, maiden, born Cassar, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the twenty-ninth (29) of April of the year one thousand nine hundred and fifty-nine (1959) and resident in Xewkija, Gozo (identity card number 25459G); John Mary Cassar; bachelor, son of the late Francis Cassar and Pawla Cassar née Xerri, born in Victoria, Gozo, on the twenty-third (23) of March of the year one thousand nine hundred and forty-nine (1949) and resident of Xewkija, Gozo (identity card number 28949G); John Cassar, married, son of the late Francis Cassar and Pawla Cassar née Xerri, born in Xewkija, Gozo, on March twelve (12) of the year one thousand nine hundred and forty-six (1946) and resident of Xewkija, Gozo (identity card number 26146G); and Rose Cassar, maiden, born Cassar, daughter of the late Francis Cassar and Pawla Cassar née Xerri, born Xewkija, Gozo, on the twenty-fifth (25) of December of the year one thousand nine hundred and forty-seven (1947) and resident in Xewkija, Gozo (identity card number 105147(G). That it is necessary that the succession of the said Carmel Cassar should be done in favor of his heirs according to the law and that is to his nine (9) brothers and sisters in equal quotas and undivided between them, the issuance of this ban was ordered to inform anyone involved.

Wherefore, any person who considers having 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.

Daniel Sacco

For the Registrar, Gozo, Courts and Tribunals