Court Notices published in Govt. Gazette No. 20,597 of 11th November 2022

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 23rd September, 2022, following a request by Jake Zammit et it was ordered that deputy curators be chosen to represent the owners who have the sub/directum dominium in the acts of the schedule of deposit number 1740/2022 in the names Jake Zammit et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of subgroundrent number 1740/2022 in the names of Jake Zammit, bachelor, operations clerk, son of Joseph Zammit and Josephine Mary sive Josianne Zammit née Bugeja, born in Tal-Pietà on the 4th January, 1996, and residing in Mosta (17, Hacienda, Triq l-Għadajjar), (ID 15296M) and Elena Nikolaeva Petrova, unmarried, sales executive, daughter of Nikolay Petrov and Ivelina Petrova née Marinova, born in Sofia, Bulgaria, on the 7th March, 1996, and residing in Birkirkara (ID 163660A) vs Deputy Curators to represent the unknown successors in title and/or the heirs of Antonio Zammit, stone dresser with the Government, son of the late Giovanni Zammit and Giuseppa Zammit née Aquilina, born and resided in Birkirkara and no further information exist on him filed in the First Hall of the Civil Court on the 15th September, 2022, the applicant Jake Zammit (ID 15297M) and Elena Nikolaeva Pertroca (ID 163660M) respectfully submitted:

That by means of a contract published in the records of Notary Doctor Jonathan Zammit on the 5th November, 2018 (copy of which is here attached and marked as Document X) they bought and acquired, the apartment without official number but internally marked with number 2, which is found on the second floor level, forming part of a block of apartments with official number 111, named New Rose in Triq John Borg, Birkirkara, with all its rights and appurtenances including the right of perpetual use and transferable to third parties together with this apartment, and it enjoys in common with the other apartments and units forming part of the same block from time to time, of the parts and services of all the block that are intended for common use including the main entrance of the block, the entrance, the stairs, the stairwell, the lift shaft, the lift and shafts. The said apartment is bounded from the east with Triq John Borg, from the south with property of a certain Kalanġ whose surname is unknown and from the north with property of Andrew Pace or the respective successors in title. The block has the same boundaries as the flat. The said block was developed on the site already occupied by the tenement with official number 111 named Iris, the attached garage that has official number 109 and the overlying maisonette that had number 107 in Triq John Borg, Birkirkara, which properties were demolished and instead a block was built which the apartment in question forming part of it;

That the said apartment is subject to the rate of €4.76 part of a bigger annual and perpetual subgroundrent of €23.83 previously ten liri, four shillings and nine pence that imposed on the site on which the said block is built and this as results from the relative perpetual subemphyteusis published in the records of Notary Doctor Angelo Sammut of the 27th October, 1956 (a copy of which is here attached and marked as Document Y);

The apartment is shown in red on the site-plan of the Lands Registry here attached and marked as Document P;

The applicants which to avail themselves from the option given to them by the relative provisions of the Maltese Law and particularly Article 1501 of the Civil Code of Malta and redeem the annual and perpetual subgroundrent of €4.76 due to the successors in title and/or the unknown heirs of Antonio Zammit;

That the subgroundrent of €4.76 capitalised with the rate of 5% according to the provisions above mentioned, amounts to the amount of €95.20;

That consequently, the applicants are depositing the amount of €23.80 to representing five (5) years subgroundrent arrears, and also the amount of €4.76 representing the laudemium.

Thus, the applicants in view of the above and to exempt themselves from any responsibility, are humbly calling upon this Honourable Court and under its authority are depositing the total amount of €123.76 representing as for €95.20 the price of redemption of this subgroundrent regarding the apartment without official number, but internally numbered 2 in the block of appartments with official number 111 named New Rose, in Triq John Borg, in Birkirkara, and as for the amount of €23.80 representing five (5) years subgroundrent arrears regarding the same apartment and as for €4.76 representing the laudemium, and this so that the amount be freely withdrawn by the deputy curators to represent the unknown successors in title and/or the heirs of Antonio Zammit after it is proved that they have the right for the same and after leaving the relative receipt according to law.

Applicants: Jake Zammit, 17, Hacienda, Triq l-Għadajjar, Mosta

 Elena Nikolaeva Petrova,111, Flat 2, Triq John Borg, Birkirkara

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

Lands Registry, Triq il-Punent, Valletta

Deputy Curators

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

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Joanne Vella Cuschieri, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st November, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2498/2022 in the names Gordon Ellul vs Mark Micallef the following publication was ordered for the purpose of effecting service on the respondent Mark Micallef in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Mark Micallef (ID 405476M) of Triq is-Salvatur, App. 21 ta' Settembru 1964, Entrance F, Flat 1, Kalkara

By means of this present, Gordon Ellul (ID 531374M) of May, Flat 1, Saint Mary Street, Marsaskala, makes reference to the works that you made on request of the interpellant in Triq l-Imdina, Ħal Qormi, between the 23rd May, 2012, or days before in connection with works being made by Water Services Corporation.

Since the interpellant was notified by means of a Notice filed in the Magistrate's Court (Malta) in the names Go plc vs Gordon Ellul (Notice number 245/14 MLF) by means of which he is being requested to make good for the damages –together with interest and legal costs – which the said Go plc suffered during the execution of the said works and which works effectively were made by you.

Thus, by means of this present you are warned once again by these judicial procedures that you are placed in dolo, mora and culpa and for the effects and purposes of law you are to make good all the damages that the interpellant may suffer in case the outcome of the above-mentioned case be in favour of Go plc.

So much for your information and to regulate yourself.

With costs of this present judicial letter that is being sent in terms of Cap. 16 of the Laws of Malta including for the purpose of the interruption of the eventual period of prescription.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 13th May, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Rosario Buonerba in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Clayton Formosa (ID 0515895M) of Candlelight, Triq it-Tin, Żurrieq ZRQ 2570, filed a Claim on the 6th May, 2022, whereby he asked the Tribunal to condemn Rosario Buonerba (ID 194548A) of Flat 403, Ta' Monita Residence, Triq il-Bajja, Marsaskala MSK 1072, to pay the plaintiff the amount of €2,507.50, which amount is due to the plaintiff.

With costs and legal interest

The case (Claim number 127/2022SFJ) is deferred on the 15th November, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given given by the Court of Appeal (Superior Jurisdiction) on 11th October, 2022, in the records of Appeal Application 538/16 in the names Salvino Lungaro (ID 633748M) vs Paul Lungaro (ID 68557M) the following publication was ordered to serve as a notification against the said Salvino Lungaro pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal number 538/16 the said Paul Lungaro felt aggrieved by the judgment given by the First Hall of the Civil Court on 3rd October, 2018, in that: 1) the First Court decided 'extra petita' when it rejected the defendant's pleas and upheld the first claim by plaintiff and it concluded that the necessary requirements for the success of a possessory action had not been satisfied on the basis of the plaintiff's claims. So, it follows that his claims should have been dismissed in their entirety by the same Court thus upholding the defendant's pleas; and 2) the defendant appellant therefore feels further aggrieved by the decision of the First Honourable Court which ordered him to pay half of the costs of the present case when it clearly resulted that the plaintiff's claims as presented were not satisfactorily proven.

Therefore, the appellant exponent, while making reference to all the evidence produced before the First Hall of the Civil Court and while reserving the right to adduce all that evidence permitted by law, respectfully requests this Honourable Court to cancel, annul and revoke the judgment given by the First Hall of the Civil Court in the case in the names premised above, which judgment was delivered on the 3rd October, 2018, and to decide, while dismissing all the plaintiff's claims by upholding all the defendant qua appellant's pleas, with the costs of both instances against the same plaintiff as respondent.

Appeal No. 538/16 in the names Salvino Lungaro (ID 633748M) vs Paul Lungaro (ID 68557M) is deferred to 24th January, 2023.

Notification: Salvino Lungaro, 'Salemon', Triq Sant'Antnin, Marsaxlokk

Dr Franco Bondin, LLD, M. Jur.

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 948/2022, ordered:

The Director of the Public Registry to make the relative annotations and/or corrections in the Act of Birth of Mark Tyldesly bearing the number 3136 of the year 1975 so that instead of the surname 'Tyldesly' wherever it appears - including in the surname of his paternal grandfather - this is substituted by the correct surname 'Tyldesley'.

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 30th March, 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 30th March, 2021, by Western Company Limited with the registration number C19994, application number 16/21 in the names Western Company Limited vs Christopher Mifsud being asked that the Court orders the sale by auction of the:

The apartment officially number thirty four (34), named 'Dreger', in Triq is-Sikka, in the vicinity of Baħar iċ-Ċagħaq, Ħal Għargħur, unknown boundaries.

The said tenement is the property of Christopher Mifsud (ID 396782M).

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree by the Court of Appeal (Inferior Jurisdiction) on 22 June 2022, in the records of Appeal number 64/2022 in the names Krista Maria Raitamaki and Lauri Lehto vs Christopher Pace the following publication was ordered to serve as a notification against the said Krista Maria Raitamaki and Lauri Lehto pursuant to section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of Appeal No. 64/2022 in the names Krista Maria Raitamaki and Lauri Lehto vs. Christopher Pace (ID 543765M) in his own name as well as on behalf of Pace Investments Ltd (C27970) in terms of section 30 of Cap. 604, Laws of Malta the said Christopher Pace felt aggrieved by the decision of the Adjudicating Panel for Private Residential Leases of 12th May, 2022, where it was decided that a refund should be given in the sum of €1,343.14 from a deposit of €1,800 which had been paid according to the residential lease contract of 25th April, 2020 (which was signed between the tenants and Pace Investments Ltd) relating to premises 46, Avril, No.11, Triq ix-Xatt, Tigné, as a guarantee for damages or account balances that may have been due at the end of the lease.

The grounds of appeal are clear and obvious, as in the first ground the appealed decision was absolutely and clearly wrong since, after indicating that it considered the parties' submissions, without giving any explanations, it was decided that there were no valid reasons why the deposit should have been retained and the second ground is that the same Adjudicating Panel could never effectively find the exponent personally responsible for what was claimed by the complainant since the lease had been signed by the exponent on behalf of his company Pace Investments Ltd. and not in his name personally.

Therefore, the exponent humbly asks this Honourable Court to take into account the first appeal to reform the decision of the Adjudicating Panel for Private Residential Leases by taking into account the submissions that have been submitted on the merits, vary and reduce the amount that should have been refunded to the respondent complainant the sum of €365.27 instead of the sum of €1,343.14 indicated in the appealed decision or alternatively, but without prejudice to the above declare null and void the decision of the Adjudicating Panel in question based on what is indicated in the second ground of appeal.

Appeal number 64/2022 in the names Krista Maria Raitamaki and Lauri Lehto vs Christopher Pace is deferred to 9th November, 2022, at noon (12.00)

Notification: 35 Mabrouk Flats, Apt 7a, Triq Amery, Tas-Sliema SLM 1702

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Dr Natalino Caruana sive Caruana De Brincat (ID 10278M) filed an application under oath (number 102/1978JVC) demanding the correction of the Act of Public Register number 102/1978 in the Public Registry.

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 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 application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court,

Karen Falzon

For Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd September, 2022, Application number 1891/2022, by Advocate Doctor Alexander Schembri et noe whereby they requested that it be declared open in favour of Samantha Barrett and Axel Barrett children of the decujus in equal shares between them the succession of Colin Watson Barrett, husband of Muriel Barrett née Stievenard, son of Milton Barrett and Constance Barrett née Sussams, born in Lowestoft, England, resided in San Ġwann, Malta and died in San Ġwann, Malta on the 19th November, 2000, aged 61, and who held passport number B411645.

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 a decree given on the 24th 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 Organization 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), Thursday, 24th November, 2022, 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:

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 flat enjoys the right of use of the common areas of the said block and also includes the perpetual and uninterrupted right of use of the common parts and of the roof. The said flat is subject to and enjoys active and passive servitudes as better described in the procurement contract dated 26th February, 2010, and is subject to groundrent paid every six (6) months, commencing on the 24th May, 1965, and is subject to the conditions mentioned in the contract of 24th May, 1965, in the acts of Notary Joseph Sciberras and is valued at two hundred thousand euro (€200,000).

The two (2) car garage forming part of the garage complex in Vela Vista, Block E, in Triq it-Turisti, Saint Paul's Bay, internally numbered twenty seven (27) on level minus two (-2), with access from Triq il-Baħħara. The garage includes perpetual and uninterrupted right of use of the common parts and is subject to and enjoys servitudes, as better described in the contract in the acts of Notary Jean Paul Farrugia dated 26th February, 2010. The garage is subject to groundrent paid every six (6) months, commencing on the 24th May, 1965, and is subject to the conditions mentioned in the contract of 24th May, 1965, in the acts of Notary Joseph Sciberras. 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 and is valued at forty thousand euro (€40,000).

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

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2016.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 23rd June, 2022, the publication of the following extract was ordered for the purpose of service on the respondent Lucian Pace in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 10th May 2022, whereby they asked the Tribunal to condemn Lucian Pace (ID 396768M) of 79, Thank God, Triq San Pietru, Birżebbuġa BBG 1643, to pay the plaintiff company the sum of €4730.12, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 134/2022JG) is deferred on the 22nd 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 15th July, 2022, the publication of the following extract was ordered for the purpose of service on the respondent El Shemy Josef in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 21st June, 2022, whereby they asked the Tribunal to condemn El Shemy Josef (ID 445500L) of 96, Triq l-Indipendenza, Ħal Għargħur GĦR 1664, to pay the plaintiff company the sum of €1696.80, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 181/2022JG) is deferred on the 22nd November, 2022, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 3rd November, 2022, in the records of the judicial letter number 3981/2022 in the names Dr Adrian Camilleri noe vs The Minister for Health et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Dr Julian Agius in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To:

1. The Minister for Health

2. Chief Government Medical Officer

3. Dr Julian Agius of 99, Katya, Triq il-Waqqafa, Mosta MST 4480

4. Dr Carlo Refalo

With the present judicial letter Dr Adrian Camilleri (ID350380M) of 171, Triq l-Ifran, Valletta, in his capacity of special mandatory of Dr Ndubueze Timothy Anyaegbuna holder of British passport number 20181924 residing at 18 Trecastell, Ingleby Barwick, Stockton on Tees, TS17 5HA, United Kingdom, for and on behalf of the same Dr Ndubueze Timothy Anyaegbuna makes reference to the day of admittance at the Accident and Emergency Department at Mater Dei Hospital on the 20th of January 2017 suffering from symptoms relating to abdominal pain.

Notwithstanding that the blood tests taken on that same day were indicative that the interpellant was suffering from some form of an infection/inflammation, this indication was ignored by Dr Julian Agius and/or Dr Carlo Refalo, namely the medical doctors in charge who examined the interpellant on the said day and which doctors fall under the responsibility of the Chief Medical Officer and/or the Minster for Health.

In fact, instead of taking notice of the said indication and which indication should have certainly led to further investigations such as urine and liver function tests and amylase, the said results were ignored by them and the interpellant was administered pain relief. Subsequently he was administered a suppository and prescribed an enema and discharged early the following day.

Following this, upon his return to the United Kingdom, it was then found that the interpellant was actually suffering from urosepsis and subsequent epidural abscess and complications relating thereto including but not limited to neurological injury and which has caused the interpellant to suffer a permanent disability on his person all of which could have been avoided had Dr Julian Agius and/or Dr Carlo Refalo diagnosed the infection/inflammation on the basis of the available blood test results and prescribed the interpellant the anti-biotic treatment needed. 

From the above it results that Dr Julian Agius and/or Dr Carlo Refalo, who fall under the responsibility of the Chief Medical Officer and/or the Minster for Health, or any of you, acted negligently as above explained and which actions have caused the interpellant to suffer substantial damages, including but not limited to, damages due to the permanent disability which he has suffered on his person due to these actions.

Consequently, the interpellant is holding you, or any of you, responsible for all the damages he has suffered and may suffer in the future due to the above actions and reserves all his rights at law against you.

So that you may be guided accordingly

With Costs against you

This judicial letter is being filed so as to interrupt any prescription period which may be running.

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 Florence Borg vs Daniel Apap et noe, Application number 34/2022AGV, the following publication was ordered for the purpose of effecting service on the respondents Daniel Apap and … omissis … in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a sworn application in the names Florence Borg (ID 577489M) vs Daniel Apap (ID 441690M), … omissis …, and by means of a decree of the 28th April, 2022, Dr Christopher Chircop and PL Daniel Aquilina were nominated deputy curators of the minor … omissis …, and Director Public Registry, filed in the Civil Court (Family Section), on the 7th February, 2022, the applicant Florence Borg (ID 577489M) requested this Honourable Court to:

1. Declare that the respondent Daniel Apap is not the natural father of the minor … omissis …;

2. Declare that the respondent … omissis … is the natural father of the minor … omissis …;

3. Order that the Director Public Registry corrects the birth certificate of the minor … omissis … with progressive number 6957/2020 where necessary;

4. Consequently order that the minor … omissis … will not be known as Apap but instead by the surname of the respondent … omissis …

With all costs against the respondents or any one of them, who are from now summoned so that a reference to their oath be made.

Applicant: Florence Borg, 49, Palmeira, Triq Ġużè Ellul Mercer, Ħad-Dingli

Respondents notification: Daniel Apap, Archimedes, Triq Dun Manwel Zammit, Siġġiewi

… omissis …​

The Application in the names Florence Borg vs Daniel Apap et noe, Application number 34/2022AGV, has been postponed for hearing to the 22nd November, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 6th October, 2022, in the acts of Sworn Application No. 646/2022FDP, which was presented on 21st July, 2022, in the names: Pace Pio et 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: Orders the respondent to pay the sum of forty thousand euros (€40,000.00) to the applicant. With the costs and legal interests 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 24th November, 2022, at 9.00 a.m.

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

Register of the Superior Courts, today, 9th November, 2022

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

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 17th October, 2022, in the acts of Constitutional Application No. 209/2022GM, which was presented on 3rd May 2022, in the names: Schembri Anthony 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 respondent State Attorney to pay the same compensation and liquidated damages. With the legal costs and interest 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 postponed to 22nd November, 2022, at 9.50 a.m.

Notification Respondent: Schembri John, 1, Greenspot, Triq Emanuele Stivala, Rabat, Malta

Register of the Superior Courts, today 9th November, 2022

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

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 28th September, 2022, in the acts of Sworn Application number 696/2022RGM, which was presented on 02nd August 2022, in the names: Attard Bros. Construction Materials Ltd vs SC Building Group 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: Orders the respondent society to pay the claimant society the amount of sixty-four thousand, five hundred and thirty-eight euros and fifty-one cents (€64,538.51c). With the costs and with the legal interest until the date of the effective payment against the the society whose representatives are from 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 9.00 a.m.

Notification Respondent: SC Building Group Ltd, Office 2, Leicester Garage, Edgar Bernard Street, Gzira.

Register of the Superior Courts, today, 09th 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, on the 4th November, 2022, on the application of HSBC Bank Malta plc (C3177), Tuesday, 14th February, 2023, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The apartment without its own airspace, internally forming part of the tower known as Tower A1, consisting of twenty (20) apartments, which tower forms part of the development known as 'The Three Towers' and which apartment is situated on level three (3) and internally marked number three hundred and six (306), in Triq l-Ibjar, Paola, as well as the right of use of common areas of the Tower A1 as better described in the acts of notary Malcolm Mangion published on the 28th February, 2007, underlying and overlying third party property, free and unencumbered, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Yassine Khaled (ID135504L) and Elsadi Duaa (ID38961A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 7/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 4th November, 2022, on the application of DeBono Edward Dr (ID 592758M) noe, Tuesday, 9th May, 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 Courts Archives, Level -1, Courts Of Justice, Triq ir-Repubblika, Valletta, of the following property:

Villa named 'Is-Sienja' formely named 'Casa Sant Manduca' without official number in Triq Ras il-Wardija formerly known as Triq San Gorg in Wardija, limits of St Paul's Bay together with the adjacent lands which form an integral part of it with approximate measurement of fifteen thousand and eight hundred metres square (15,800 sqm). The said villa and the adjacent lands are bounded by north with the said street and on the south and west by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at thirteen million and six hundred thousand euro (€13,600,000).

The said tenement is the property of T.A.M. Holdings Limited (C45710)

N.B. The said tenement will be sold as described in the acts of judicial sales number 14/2017.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 3rd November, 2022, on the application of Juliette Tango Holdings Limited (C49462), Tuesday, 14th March, 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:

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

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

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

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By a decree delivered by this Court, on 9th March, 2022, at the request of Identity Malta Agency, it was ordered that deputy curators be selected to represent Subi Koshy in the records of Appeal Application number 159/2021, in the names: Subi Koshy vs Identity Malta Agency in other relative and subsequent acts.

By means of an Appeal Application of 21st December, 2021, filed in the Court of Appeal (Inferior Jurisdiction), in the names Subi Koshy vs Identity Malta Agency, Identity Malta Agency declared that it was appealing against the decision given by the Immigration Appeals Board (IAB/SP/ 6212/2021) on the 30th November, 2021, in the aforementioned names.

Whereas the exponent felt aggrieved by this judgment of the said Board and the appellant's grounds of appeal are clear and manifest and consist of the following:

i) The first ground of appeal relates to the issue of the lack of jurisdiction of the Immigration Appeals Board;

ii) The second ground of appeal relates to the Board's decision in that it is ultra vires and extra petita as the Board does not have the function of a regulator of Policies, which Policies fall under the mandate of the Identity Malta Agency;

iii) The third ground of appeal relates to the Board's decision as being null and void and has no validity in regard to the Visa Unit.

Therefore, the exponent while making reference to the evidence produced and while reserving to produce other evidence allowed by law, respectfully requests that this Honourable Court annuls and revokes the appealed judgment of the Immigration Appeals Board of 30th November, 2021, in the aforementioned names and orders the Board to decide again according to the considerations made by this Court, with the costs of the two instances against the respondent.

Applicant: Office of the State Advocate, 16, Casa Scaglia, Triq M. A. Vassalli, Valletta

Deputy Curators, The Court, Valletta

Whereas the aforementioned appeal has been deferred to 18th November, 2022, at 12.10 p.m. for the purposes of the decree of 9th March, 2022

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 ex officio curators.

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

Given by the Court of Appeal (Inferior Jurisdiction), above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

This day 9th March, 2022

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By a decree delivered by this Court, on 9th March, 2022, at the request of Identity Malta Agency, it was ordered that deputy curators be selected to represent Vimal Kumar Rajvihar in the records of Appeal Application number161/2021, in the names: Vimal Kumar Rajvihar vs Identity Malta Agency in other relative and subsequent acts.

By means of an Appeal Application of 21st December, 2021, filed in the Court of Appeal (Inferior Jurisdiction), in the names Vimal Kumar Rajvihar vs Identity Malta Agency, Identity Malta Agency declared that it was appealing against the decision given by the Immigration Appeals Board (IAB/SP/ 6212/2021) on the 30th November, 2021, in the aforementioned names.

Whereas the exponent felt aggrieved by this judgment of the said Board and the appellant's grounds of appeal are clear and manifest and consist of the following:

i) The first ground of appeal relates to the issue of the lack of jurisdiction of the Immigration Appeals Board;

ii) The second ground of appeal relates to the Board's decision in that it is ultra vires and extra petita as the Board does not have the function of a regulator of Policies, which Policies fall under the mandate of the Identity Malta Agency;

iii) The third ground of appeal relates to the Board's decision as being null and void and has no validity in regard to the Visa Unit.

Therefore, the exponent while making reference to the evidence produced and while reserving to produce other evidence allowed by law, respectfully requests that this Honourable Court annuls and revokes the appealed judgment of the Immigration Appeals Board of 30th November, 2021, in the aforementioned names and orders the Board to decide again according to the considerations made by this Court, with the costs of the two instances against the respondent.

Applicant: Office of the State Advocate, 16, Casa Scaglia, Triq M. A. Vassalli, Valletta

Deputy Curators, The Court, Valletta

Whereas the aforementioned appeal has been deferred to 18th November, 2022, at 12.10 p.m. for the purposes of the decree of 9th March, 2022.

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 ex officio curators.

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

Given by the Court of Appeal (Inferior Jurisdiction), above mentioned, with the witness of the Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

This day 9th March, 2022

Dr Franco Bondin, LLD, M. Jur.

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-eight (28th) of October of the year two thousand and twenty-two (2022) (Application number 126/2022BS) DR Nadia Vella noe requested the opening of the succession of Guzeppi Peter Paul Cassar sive Guzeppi Peter Paul Karvounaris, son of Guzeppi Cassar and Gloria Margaret Karvounaris, born in Cardiff, Wales, on the first (1) of May one thousand nine hundred and seventy-one (1971) and was a resident of Cardiff, Wales and died in Cardiff, Wales on the twelfth (12) of November of the year two thousand and ten (2010). That Nakkita Olga Karvounaris also known as Nakkita Hayley Sell is the only daughter of Guzeppi Peter Paul Cassar sive Guzeppi Peter Paul Karvounaris. That Guzeppi Cassar, the father, son of the late Coronato Cassar and Angela née Galea, came back to Gozo where he was born and married Stella Cassar née Portelli and from this marriage no children were born. Therefore Guzeppi Cassar is the only father of Guzeppi Peter Paul Cassar sive Guzeppi Peter Paul Karvounaris. That Guzeppi Cassar died in New York and died intestate and therefore the assets he had in Malta were inherited according to the law by his wife and son. That this Guzeppi Peter Paul only had an undivided share of one fourteenth part (1/14) of the inheritance of his paternal grandparents Coronato Cassar and Angela née Galea. That since Guzeppi Peter Paul Cassar sive Guzeppi Peter Paul Kavournaris had no assets when he died and therefore 'probate' was not made in Wales and since he did not make a will in Malta either, it is necessary that the succession of the said Guzeppi Peter Paul Cassar sive Guzeppi Peter Paul Karvounaris shall be made in favor of his heirs according to law and that is in favor of Nakkita Olga Karvounaris sive Nakkita Hayley Sell, 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

By decree issued by the Civil Court, First Hall, on 8th November, 2022, in the acts of the Sworn Application (Revocation) number 980/2022TA, in the Acts of the Garnishee Order 1269/2022, which was presented on 24th October, 2022, in the names: Spiteri Joseph vs Spiteri Carmen 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: Cancel and revoke the Garnishee Order in the names mentioned in terms of Article 281 of Cap. 12, with costs against Joseph Spiteri.

The Sworn Application in the names mentioned above is postponed 21st November, 2022, at 9.45 a.m.

Notification Respondent: Spiteri Joseph, 127, Triq Carini, Santa Venera

Electron Flat 3, Triq Carini, Santa Venera

Register of the Superior Courts, today 10th November, 2022

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

For the Registrar, Civil Courts and Tribunals