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Court Notices published in Govt. Gazette No. 20,959 of 15th November 2022

Date Icon 15/11/2022

Notice 2097

2097

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 8th November, 2022, and upon an application numbered 985/2022, ordered:

The Director of the Public Registry so that when he comes to register the Act of Birth of Alexandra Jane Dunhill Turner in the Malta Public Registry, he makes the necessary corrections or annotations so that it appears that the name of Alexandra Jane Dunhill Turner is 'Alexandra Jane' and not 'Sandra Jane'.

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

10 November 2022

Notice 2098

2098

By a decree given on the 28th July, 2022, by the Civil Court, First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12):

By decree given by the Civil Court, First Hall, on the 28th September, 2022, after the application of HSBC Bank Malta plc (C3177), Thursday, 9th 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 penthouse internally marked number five (5), on the third floor level, with its airspace, with the right of access from the common areas, overlying other apartments and forming part of a block of apartments named Fair Winds, previously or other times indicated as Castagna House, in Triq l-Iskal, Marsaskala. The roof and the airspace are subject to the right of installation and maintenance of a water tank, television aerial and air conditioner unit of the maisonette named Mandy Castagna House, as well as subject to the installation and maintenance of a solar water heater/panel, three air conditioning units, one water tank, satellite dish and aerial of the underlying apartment, bounded West by the said street, North and East with the successors in title of Maximilian and Mary spouses Castagna. The penthouse is exempted from any payments of any ground rent and sub ground rent, free and unencumbered and with all its appurtenances, with the passive servitudes resulting from its location, as better described in the acts Notary Ruben Casingena dated twenty fifth (25) August, two thousand and nine (2009), and is valued at three hundred and forty thousand euro (€340,000).

The said tenement is the property of Mallinowski Steffen (ID 21795A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

10 November 2022

Notice 2099

2099

By decree issued by the Civil Court, First Hall, on 23rd September, 2022, in the acts of Warrant of Prohibitory Injunction number1186/2022/1LM, which was presented on 9th September 2022, in the names: Micallef Carmel 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: Accordingly, the exponent humbly asks this Honorable Court to order the issuance of a Warrant of Prohibitory Injunction in order to prevent the respondents from continuing to do the said things.

The Warrant of Prohibitory Injunction in the names mentioned above is postponed to 16th November, 2022, at 9.00 a.m.

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

Register of the Superior Courts, today 14th November, 2022

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

For the Registrar, Civil Courts and Tribunals

14 November 2022

Notice 2100

2100

With a decree issued by the Civil Court, First Hall, on 6th October, 2022, in the acts of Sworn Application number 702/2021AJD, which was presented on 20th July, 2021, in the names: Commissioner for Revenue vs Fast Track Diagnostics 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: To order the registration of the document attached to this application as its official copy so that the same document constitutes an executive title, and secondly it orders that a copy of this application and the document attached to it be served on the respondent society in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.

The Sworn Application in the names mentioned above is adjourned to 17th November, 2022, at 9.25 a.m.

Notification Respondent: Fast Track Diagnostics Ltd, Seaview No. 2, Qui-Si-Sana Seafront, Tas-Sliema

Register of the Superior Courts, today 14th November, 2022

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

For the Registrar, Civil Courts and Tribunals

14 November 2022

Notice 2101

2101

By decree issued by the Civil Court, First Hall on 20th October, 2022, in the acts of Sworn Application number 870/2022JVC, which was presented on 26th September, 2022, in the names: Grech Gioacchino sive Jack et vs Buhagiar Raymond 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 the respondents to evict in a short and peremptory period from premises 35, Triq Barbara, Ħamrun, and to return the keys of this vacant premises. With costs and interest and 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 17th November, 2022, at 10.00 a.m.

Notification Respondent: Buhagiar Raymond, 35, Triq Barbara, Ħamrun

Register of the Superior Courts, today 14th November, 2022

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

For the Registrar, Civil Courts and Tribunals

14 November 2022

Notice 2102

2102

By means of a decree of the 24th October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Marisa Sammut vs Timothy Oyinperemobode Tonwuru, Application number 348/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent Timothy Oyinperemobode Tonwuru 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 Marisa Sammut (ID 0434368M) vs Timothy Oyinperemobode Tonwuru (ID 0026004A), filed in the Civil Court (Family Section), on the 23rd June, 2022, the applicant Marisa Sammut requested this Honourable Court to:

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

2. Authorise the applicant to revert to her maiden surname that is Sammut;

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

Applicant: 3, Valley Road, Birkirkara

Notification: Ent. 2, Flat 5, Binja Arbuni, Triq Jean De La Cassiere, St Paul's Bay

The Application in the names Marisa Sammut vs Timothy Oyinperemobode Tonwuru, Application number 348/2022JPG has been postponed for hearing to the 21st November, 2022, at 11.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

14 November 2022

Notice 2103

2103

By a decree of the 24th October, 2022, given by the Courts of Magistrates (Malta), 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).

That by the application filed by Joseph Spiteri (ID 347571M) on the 29th March, 2022, is asking for the withdrawal of the amount of three thousand, six hundred and sixty seven euro (€3667.00) deposited by the Schedule of Deposit number 870/17 in the names of:

Anthony Grech (ID 522173M) vs Joseph Spiteri (ID 347571M)

The Court ordered the notification of this application to the counter parties with seven (7) days for filing a reply from date of notification.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

10 November 2022

Notice 2104

2104

By means of a decree of the 8th April, 2022, in the records of the judicial protest number 98/2022 in the names Efrem Avallone vs La Palma Imports Ltd et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondents La Palma Imports Ltd and Neville Spiteri.

In the First Hall of the Civil Court

Judicial protest 98/2022

Efrem Avallone

vs

1. La Palma Imports Ltd (C20394)

2. Neville Spiteri (ID 228369M)

3. Notary Doctor Robert John Muscat

Judicial Protest of Efrem Avallone (ID 36183M) requests with respect:

That through a contract in the records of the respondent Notary Doctor Robert John Muscat, dated 27th April, 2006, the applicant acquired the apartment internally marked with number 3, on the first floor in a block built on plots 281 and 282, Main Street, Ħal Balzan, together with a garage internally marked with number 3 from the other respondent Company, La Palma Imports Ltd;

That the respondent company La Palma Imports Ltd, as duly represented by the respondent Neville Spiteri guaranteed that the above mentioned premises were “(ii) free of any type of litigation, expropriation and/or requisition; and (iii) are not subject to any real and/or personal rights in favour of third parties, including debts, hypothecs and/or privileges";

That this contract has been registered and the tax duly paid, according to law;

That in March 2012, the applicant was notified of a case in the names Carmel Sant vs Efrem Avallone (App. No. 943/11JA) through which the plaintiff Carmel Sant alleged that he acquired the same premises above mentioned through judicial sale by auction with number 43/05 after he was declared creditor of the respondent company La Palma Imports Ltd and which premises were released in his favour on the 21st October, 2008;

That it results that the debt claimed by this Carmel Sant goes back to a judgement of this Honourable Court of the 13th April, 2005, and he proceeded with the judicial sale by auction of the above mentioned property through an application filed on the 10th May, 2005, which therefore is over almost a year before the applicant acquired the premises de quo, as indicated above;

That it firstly therefore results in primis that there is a breach of the guarantee of the peaceful possession on the part of the respondent company La Palma Imports Limited since it was aware of the proceedings initiated against it by this Carmel Sant, with the judgement of our Honourable Court and with the procedures of the judicial sale that the premises de quo were subject to and therefore negotiated in bad faith with the applicant;

As a consequence, the respondent Neville Spiteri as director of the respondent company and being the one who appeared on the contract mentioned above, made a false statement and deceived the applicant when he declared on behalf of the respondent company that the premises de quo were free from litigation and third party claims;

Furthermore it results that the same Carmel Sant had filed a Warrant of Prohibitory Injunction against the respondent company La Palma Imports Ltd (holding number 33/05) through which Warrant he was prohibited from transferring the premises – and this was filed on the 23rd February, 2005, and finally accepted on the 4th March, 2005;

That the respondent Notary Robert John Muscat, who had the responsibility to carry out the searches into the assets and liabilities of the respondent company, knew, or should have known, about the issuance of the aforementioned Warrant of Prohibitory Injunction, as well as regarding to the fact that an application had been filed for the judicial sale by auction of the premises de quo, and had the professional responsibility to inform the applicant of all this and explain their meaning to him so that he will be in a position to regulate himself adequately;

That through the aforementioned cause brought against him, the applicant is risking that, in case of a negative outcome against him, not only will he be evicted from the aforementioned premises, but he will have to pay compensation to this Carmel Sant, and this after the applicant was led, through fraud and/or negligence on the part of the respondents or any one of them, to duly pay the price as agreed for the sale of the premises de quo, to pay all the taxes according to law, and to pay the Professional fee presented to him by the respondent Notary, and this only because of the abusive, illegal, fraudulent and/or negligent behaviour on the part of the respondents or any one of them;

That it is undeniable that without prejudice to the validity or otherwise of the claims of Carmel Sant mentioned above – the acts and omissions of the respondents at all the stages that preceded the publication of the contract dated 27th April, 2006, in the records of the respondent Notary, exposed the applicant to damages and prejudice that is serious so much so that they are potentially summoned;

That in view of the above, the applicant is holding the respondents responsible for the damages, whilst reserving his rights to any action available to him according to the law against them.

Therefore, the applicant, while bringing the above to the formal knowledge of the respondents, puts them in dolo, mora u culpa and fully responsible for all the damages suffered by the applicant as mentioned above, in terms and effects of law.

With costs

Applicant: : 45, Il-Ħolma, Triq il-Merill, Mosta

Respondents notification:

4. La Palma Imports Ltd, Triq Tas-Saliba, Mellieħa

5. Neville Spiteri, Spring, Tas-Saliba, Mellieħa

6. Notary Robert John Muscat

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2105

2105

By means a decree delivered by the Court of Appeal (Superior Jurisdiction) on 24th October, 2022, in the records of Appeal Application No. 684/2016 in the names Jeffrey Farrugia (ID 559685M) vs. Melvyn Mifsud (ID 605761M) ordered in regard of the said Melvyn Mifsud the following publication in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Appeal Application by Jeffrey Farrugia (KI 559685M) filed on 20th June, 2022, the appellant is interposing an appeal from a sentence delivered on 19th May, 2022, by the First Hall of the Civil Court in the aforementioned names where it decided the case by dismissing the first and second claims; upholding the third claim, with interest from the date of the filing of the case; dismissing the fourth, fifth and sixth claims, with the costs to be paid as to one-third by the plaintiff and two-thirds by the defendant.

Whereas the appellant felt aggrieved by the sentence mentioned above and from which he is hereby interposing this humble appeal wherein his first ground of appeal consists, in a clear and manifest manner, that the First Honourable Court made a wrong application of the law when it rejected the plaintiff's claim for damages, and without prejudice to this ground of appeal the appellant puts forward a second ground which is also clear and manifest in that the First Honourable Court made a wrong application of the law when it considered that the publication of the final contract was impossible.

Therefore, the exponent, while referring to the procedural acts and reserving the right to make submissions and adduce further evidence if the case so warrants, asks this Honourable Court to accept one of his grounds of appeal and consequently reform the sentence in the aforementioned names given by the First Hall of the Civil Court on 19th May, 2022, by:

a) In case that it considers that it should uphold the first ground of appeal by the appellant, confirm it inasmuch as it upholds the third plaintiff's claim, and without prejudice to the third claim (c) below, revoke it and annul the rest of it and instead uphold the fourth, fifth, sixth and seventh plaintiff's claim;

b) Alternatively, in case the court considers that it should accept the appellant's second ground of appeal, without prejudice to the third claim (c) below, it revokes it and annulls it insofar as it upheld the third claim and dismissed the first and the second plaintiff's claim, and instead upholds the first and the second and the seventh plaintiff's claims; and

c) In any case, it confirms inasmuch as it dismissed the first thirteen pleas by the defendant, and without prejudice to the previous claims, also dismisses the last plea by the defendant. With the costs of the two instances against the respondent defendant.

Notification:   i) Melvyn Mifsud, 52, Triq Ġużè Howard, Tas-Sliema

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2106

2106

By means of a decree of the 31st October, 2022, of the Civil Court (Family Section), in the records of the Application in the names Marica Barbara noe vs David Grima, Application number 190/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent David Grima 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 Marica Barbara (ID 92681M) in her own name and as curator of the minor … omissis … vs David Grima (ID 366078M), filed in the Civil Court (Family Section), on the 25th August, 2022, the applicant Marica Barbara (ID 92681M) requested this Honourable Court to:

1. Entrust the care, custody and tutorship of the minor … omissis … with the applicant, given that the minor continues to reside with her and all the decisions regarding the minor, both those of ordinary nature as well as those of an extraordinary nature and that is those of education, health and decisions about the issuance of a passport, are taken exclusively by her, without the need of the respondent's signature;

2. Liquidate and fix maintenance for the minor and this until she becomes eighteen years of age if she decides to stop her studies and start working on a full time basis or up to twenty three years of age if she decides to continue with her studies on a full time basis, with all those payments modalities, including a provision for the periodic increase to make up for the increase of the cost of living and this together with half the costs of health, education and extra- curriculum activities of the same minor;

3. Liquidate, as the case may be with the assistance of nominated architects, an amount of maintenance that should be payable by the respondent to the plaintiff as arrears of maintenance and costs of health, education and extra-curricular activities for minor … omissis … from the date of birth of the same minor until 9th February, 2022, and until the defendant started maintaining his daughter after the decree given by the Court;

4. Order and condemn the respondent to pay the plaintiff that sum of maintenance and arrears of maintenance and costs of health, education and extra-curricular activities, thus liquidated in the previous claims;

5. Give all those appropriate and opportune provisions concerning the  minor … omissis … and this under any appropriate and opportune provision that this Honourable Court pleases to give.

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

Applicant: Marica Barbara, 6, Triq Dun Mikiel Cassar, Żejtun

Respondent notification: David Grima, 17, Ninu, Triq il-Madonna tal-Ġebla, Gżira

The Application in the names Marica Barbara pro et noe vs David Grima, Application number 190/2022JPG, has been postponed for hearing to the 24th November, 2022, at 11.45 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

07 November 2022

Notice 2107

2107

By a decree of the Court of Magistrates (Malta) of the 6th October, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Clayton Micallef (ID 134884M) carrying on trade under the name CCM Construction of 20, Triq iċ-Ċimiterju, Paola PLA 1114, filed a Claim on the 22nd November, 2021, whereby he asked the Court to condemn Joseph Mizzi, Martina Mizzi and by a decree of the 16th May, 2022, Kristina Mizzi (ID 588992M) of 172, Swieqi Road, Swieqi, was called into suit, to pay the plaintiff the sum of €6,520, which amount is due to the plaintiff.

With costs and legal interests

The case (Notice number 329/2021RM) is deferred for hearing to the 30th November, 2022, at 9.15 a.m.

Notification: Kristia Mizzi, 172, Swieqi Road, Swieqi

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2108

2108

By a decree of the Court of Magistrates (Malta) of the 15th June, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Janice Azzopardi (ID 552477M) of 8, Misraħ il-Knisja, Ħal Safi, Malta, filed a Claim on the 23rd November, 2021, whereby she asked the Court to condemn Mark Laus (ID 215968M) of Mulberry Court, P/H 8, Triq il-Miġbħa, Mellieħa, Malta, to pay the plaintiff the sum of €9400, which amount is due to the plaintiff.

With costs and interests

The case (Notice number 331/2021MLF) is deferred for hearing to the 7th December, 2022, at 9.30 a.m.

Notification: Mark Laus, Mulberry Court, P/H 8, Triq il-Miġbħa, Mellieħa, Malta

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2109

2109

By a decree of the Court of Magistrates (Malta) of the 30th June, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap, 12).

Alf Mizzi & Sons (Marketing) Limited (C8692) of Zachary House, Marsa Industrial Estate, Marsa, filed a claim on the 31st May, 2022, whereby they asked the Court to condemn Frankyn Borg (ID 563882M) of Solitaire, Flat 3, Triq tal-Azjar, Ħal Safi, and Grace Anne Cachia, to pay the plaintiff company the sum of €2,329.83, which amount is due to the plaintiff company.

With costs and legal interests

The case (Application Number 165/2022DBM) is deferred to the 6th December 2022 at 1.00p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2110

2110

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 28th April, 2022, following a request by Ivan Pace et it was ordered that deputy curators be appointed to represent the owners who have the directus dominus and sub-directus dominus in the acts of the schedule of deposit number 691/2022 in the names Ivan Pacet et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 20th April, 2022, in the names Ivan Pace, tachnician, son of Emanuel and Maria Concetta née Mifsud, born in Tal-Pietà (ID 295577M) and Alana Abela, daughter of Joseph and Concetta née Cutajar born in Tal-Pietà (ID 7385M) vs Deputy Curators to represent the unknown owners who have the directus dominus and sub-directus dominus, the applicant Ivan Pace (ID 295577M) et respectfully submitted:

That the applicants acquired the maisonette marked with number 59 and the underlying garage marked with number 61 that are found in Triq il-Gallu, Fgura, are subject to the annual and perpetual groundrent of one Maltese lira equivalent to €2.33 as better described in the contract of acquisition published in the records of Notary Dr Carmelo Lia dated 10th March, 2005 (Doc. A);

That the site plan of the property de quo is here attached and marked as Doc. B;

That this is the primary residence of the applicants;

That the directus dominus and/or the sub directus dominus are unknown and thus deputy curators are going to represent them in this schedule of deposit;

That the applicants wish to avail themselves from the option given to them in terms of article 1501 of the Civil Code (Cap. 16) and redeem the above mentioned groundrent as stipulated in the same law;

That the amount of €2.33 capitalised at the rate of 5% amounts to €46.60;

That the applicants, in order to abide themselves with law are depositing the amount of €11.65 representing five (5) years groundrent arrears;

That the applicants are depositing also the amount of €2.33 representing the laudemium.

Thus, the applicants to redeem the groundrent imposed of the said premises is humbly requesting this Honourable Court and under its authority is depositing the total amount of €60.58 so that this amount will be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicant: 59, Triq il-Gallu, Fgura

Respondent:

Deputy Curators

Director Public Registry, Public Registry, Valletta

Land Registry, Casa Bollino, Valletta

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

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

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

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2111

2111

By means of a decree given by the Court of Appeal (Superior Jurisdiction) on 16 Augus, 2022, in the records of Appeal Application 763/11/1 in the names Leonard Cutajar, and by decree dated 29th April, 2021, the records of the cause were transferred onto the name of Sergio Cutajar, Joseph Cutajar and Noel Cutajar Penza and this after the death of the plaintiff Leonard Cutajar who died during the proceedings, Sergio Cutajar and L C & Co Limited and Theresa Cutajar for any interest they may have versus the Planning Authority, the following publication has been ordered to serve as a notification against the said respondent plaintiffs pursuant to section 187(3) et sequitur of Chapter 12 of the Laws of Malta.

By means of Appeal Application No. 763/11 filed on 5th July, 2021, in the aforementioned names the Planning Authority felt aggrieved by the judgment delivered on 16th June, 2021, by the First Hall of the Court Civil and filed this appeal on the following grounds:

i) The first ground of appeal: the plaintiffs' action and claims are prescribed in terms of section 2153 of Chapter 16 of the Laws of Malta;

ii) The second ground of appeal: the first court could not decide the plaintiffs' claims on a matter of an alleged shortcoming since from the very premises of the original application, it does not result from anywhere that the original claim was based on any alleged shortcoming;

iii) The third ground of appeal: the first court should never have liquidated and ordered the payment of damages and this considering the fact that the plaintiffs' claims were only asking for a declaration of responsibility and an order for the appellant Authority to agree to a liquidation of damages. The plaintiffs' claims did not request the first court to liquidate the alleged damages;

iv) The fourth ground of appeal: the first court failed to consider the fact that the site on which permit PA4472/06 was issued was already committed to commercial development;

iv) The fifth ground of appeal: the first court failed to take cognizance of determining factors that influence the quantum of damages in the liquidation thereof.

Therefore, the exponent Authority while interposing this humble appeal before this Honourable Court from the sentence of the First Hall of the Civil Court delivered on the 16th of June, 2021, in the names Leonard Cutajar et vs The Planning Authority (Sworn Application 763/2011), respectfully requests the Honourable Court of Appeal to reform the said sentence by confirming it in that part where it dismissed the first plaintiffs' claim and where it only considered the value of that part of the land sold by the respondents to Charles Polidano for the purposes of liquidation of damages, and to annul the rest of the sentence by dismissing the plaintiffs' claims and upholding the pleas of the said Authority filing this appeal, including the one raised before this Honourable Court, with all costs against the respondent plaintiffs.

Notification: Sergio Cutajar, 149, Heart of the Ocean, Triq ir-Rixtellu, Ħal Luqa

Joseph Cutajar, 10, Edera, Triq l-Iskola, Siġġiewi

Noel Cutajar Penza, 141, Fleur d'Amour, Triq ir-Rixtellu, Ħal Luqa

L C & Co Limited, 40, Triq San Pawl, Ħal Luqa LQA 03, Malta

Theresa Cutajar, 145, St Joseph, Flat 1, Triq ir-Rixtellu, Ħal Luqa

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2112

2112

It is hereby notified that by virtue of a decree given on the 8th November, 2022, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Ludwig Robert Sanford of 'Farmhouse', Triq il-Fanal, Għasri, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:

The company Go plc (C22334), of Triq Fra Diegu, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo), Case number 9/2022 in the names of 'Go plc vs Ludwig Robert Sanford', on the 3rd May, 2022, wherein it requested the Tribunal to condemn the defendant Ludwig Robert Sanford to pay plaintiff company the amount of €1810.59, in connection with telephone service, internet and television (a/c 40715030), as per various bills issued to defendant, together with costs, interest and legal expenses.

The hearing of this case is being deferred for the 15th December, 2022, at 12.30 p.m.

Rebekah Mizzi

Deputy Registrar

10 November 2022

Notice 2113

2113

By means of a decree of the 29th August, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 651/2022 in the names Zammit Leasing and Investments Limited vs Lubomir Adamec the following publication was ordered for the purpose of effecting service on the respondents Lubomir Adamec in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Lubomir Adamec (ID 162120A) of Marjos Crt, Fl. 2, Triq il-Kav. Lorenzo Zammit Haber, Xewkija

By the present Zammit Leasing and Investments Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, makes reference to the bills of exchange (Doc. A) accepted by you and signed on the 14th December, 2018, for the value of €112.93 each and amounting to €1,806.88 and which amounts were due every twentieth of each month starting from November 2020 till January 2022, thus these bills of Exchange have expired.

That the interpellant had to proceed to this step, because the amount due was not paid for;

You are being solicited so that within two days from the notification to you of this judicial letter, you pay the interpellant company the amount of €1,806.88;

That also in terms of Article 253(e) of Cap. 12 of the Laws of Malta, the interpellant company is rendering executable the above mentioned bills of exchange.

That you are warned, that you can in terms of the article mentioned request the competent court that the execution of this bill of exchange be suspended, in toto or in part and subject to the guarantee, and also without it, by filing an application within twenty (20) days from the notification to you of this judicial letter, and this can be done if the signature on these bills of exchange are not yours of your mandatary or for other grave and valid reasons to oppose this execution.

So much for your own guidance

With costs including those of this present

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2114

2114

By means of a decree of the 19th August, 2022, in the records of the judicial letter number 1801/2022, in the names United Acceptances Finance Ltd vs El Taher El Naely et, the Court of Magistrates (Malta) ordered the following publication for the purpose of service of the respondents El Taher El Naely and Najah Ab Mohamed Lasiefr in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against El Taher El Naely (ID46499M) and Najah Ab Mohamed Lasiefr (ID 168398A) of 5, Artemis, Triq il-Kwartin, Swieqi, on the 15th July, 2022, United Acceptances Finance Ltd (C360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, refers to thirty six (36) bills of exchange from the account number 0306320307 signed and accepted by you, which bills of exchange lapsed but were not paid for, copies of this bill of exchange are annexed and marked numbers 3 to 39.

The interpellant calls upon so that within two days you pay the sum of €3,780 value of bills of exchange above mentioned, besides legal interest from the date due till the effective payment.

In default of payment the interpellant company informs you that they shall proceed against you without any other notice according to law.

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

You are warned that you have the right to oppose the execution of these bills of exchange by means of an application that has to be done within twenty days from the service of this judicial act and this in terms of Article 253 Cap. 12 of the Laws of Malta.

This judicial act is being made to render executable the bills of exchange in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

With costs

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2115

2115

By means of a decree of the 12th August, 2022, of the Civil Court First Hall in the records of judicial letter number 2155/2022, in the names, Commissioner for Revenue vs Alessandro Mercieca, the following publication for the purpose of service on the respondent Alessandro Mercieca was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Alessandro Mercieca (ID 0085363M)

 By the present, the Commissioner for Revenue of Centre Point Building, Block 6, Triq Vincenzo Dimech, Floriana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €143,008.36 representing the amount due by you as Value Added Tax according to the same Act.

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

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

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

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

Notification: Alessandro Mercieca, 4, Anil, Triq il-Ħawt, Swieqi

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2116

2116

By means of a decree of the 11th October, 2022, in the records of the judicial letter number 1365/2022, in the names Alf Mizzi & Sons (Marketing) Limited vs Eric Baldacchino, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent Eric Baldacchino in terms of Article 187(3) of Cap. 12.

In the Courts of Magistrates (Malta)

To Eric Baldacchino (ID 273375M) of 9, Rockefeller, Flat 8, Triq il-Kaħli, St Paul's Bay

By means of this present the company Alf Mizzi & Sons (Marketing) Limited (C8692) of Zachary House, Marsa Industrial Estate, Marsa, Malta, calls upon so that within two days you pay the interpellant the sum of €944.50 representing the amount due according to 4 bills of exchange, 3 bills of exchange in the amount of €250 each and one bill of exchange in the amount of €194.50 that matured on the 30th November, 2020; on the 31st December, 2020; on the 31st January, 2021; and on the 28th February, 2021, respectively.

With this judicial letter an authenticated copies of these bills of exchange above mentioned are being attached so that the debt due by you amounting to €944.50 is being rendered executable title in terms of Article 253(3) of the Code of Organisation and Civil Procedure. In default of payment the interpellant company will proceed against you further in Court, without any further notice, including with the issue of every appropriate warrant.

This judicial letter is being made for all purposes and effects of law and especially to render the said bill of exchange executable according to law in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

You are being informed also, and this as required in the proviso of paragraph (e) of Article 253 of Cap. 12 of the Laws of Malta that you can, be means of an application that has to be filed within twenty days from the service of this judicial letter, you can request the competent Court to suspend the execution of bill of exchange or bills of exchange above mentioned, in their entirety or in part, and this in case you oppose the execution of the bill of exchange or bill of exchange because the signature on the bill of exchange or bills of exchange is not yours or of your mandatary, or if you have other grave and valid reasons to oppose the execution.

With costs of this present judicial letter, and with 8% interest per year on each bill of exchange that has matured for payment from the date of maturity till the date of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2117

2117

By means of a decree of the 30th May, 2022, of the Rent Regulation Board, in the records of the Application in the names George Spiteri & Sons Limited vs Maria Pia Tyrer et, Application number 112/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Maria Pia Tyrer 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 George Spiteri & Sons Limited (C12936) vs Maria Pia Tyrer (ID 643138M) and Housing Authority filed in the Rent Regulation Board, on the 4th February, 2022, the applicant George Spiteri & Sons Limited (C12936) requested this Honourable Board why it should not:

1. Order that the means test of Maria Pia Tyrer in terms of Act XXIV of 2021 be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1521F and 1622A of the Civil Code) and any regulations that replace them, which test shall be based on the income of the lessee Maria Pia Tyrer between 1st January and 31st December, 2020, and on the capital of the lessee Maria Pia Tyrere on the 31st December, 2020, and which means test has to be with particular reference, inter alia, to Rules 4 till 8 of the Rules of the Continuation Tenancies (Means Testing Criteria) that have to be applied mutatis mutandi in this case.

2. Declare and decide that in terms of Act XXIV of 2021, the rent of the premises 20, Flat 4, Triq Wenzu Dyer, Birgu, shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value and to establish new conditions regarding the lease and in default if the the respondent does not satisfy the criteria of the income and capital of the means test, the respondent will be given not more than two (2) years so that the premises will be vacated, besides paying the applicant a compensation for the occupation of the premises during the said period that has to be determined by this Board;

3. Order and condemn the respondent Maria Pia Tyrer to start paying such increased rent in terms of Act XXIV of the year 2021 with effect from the day of filing of this application;

4. Liquidate and order that the respondent Maria Pia Tyrer pay all the rent due regarding this premises till the effective payment.

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

Applicant: George Spiteri & Sons, Triq l-Imdina, Ħaż-Żebbuġ

Respondent: 20, Flat 4, Triq Wenzu Dyer, Birgu

Housing Authority

The application in the names George Spiteri & Sons Limited vs Maria Pia Tyrer, Application number 112/2022JD, has been postponed for hearing to the 14th December, 2022, at 9.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2118

2118

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October, 2022, Application number 1995/2022, by Karen Anne Real et whereby they requested that it be declared open in  favour of Karen Anne Real the succession of  Patrick Bernard Creed, husband of Karen Real, son of Thomas Creed and Nacy Creed nee Hartnett, born in Ireland, resided in Cambridgeshire, United Kingdom, and died in Cambridgeshire, United Kingdom, on the 12th September, 2021, aged 60.

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

11 November 2022

Notice 2119

2119

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th October, 2022, Application number 2014/2022, by Advocate Dr Tanya Sciberras Camilleri noe whereby she requested that it be declared open in favour of Edward Gindin husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Dmitry Gindin, son of the decujus the succession of Irina Byalsky-Gindin, wife of Edward Gindin, daughter of the Valisiliy Byalsky and Anna Byalsky, born in Mosco, Russia, resided in New Jersey, United States of America and died in New Jersey, United States of America on the 30th June, 2022, aged 83.

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

11 November 2022

Notice 2120

2120

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th March, 2022, Application number 397/2022, by Joseph Gambin whereby he requested that it be declared open in favour of Joseph Gambin, Mary Anne Schembri and Helen Cassar brother and sisters of the decujus in equal shares between them the succession of Carmelo Gambin, bachelor, son of Peter Paul Gambin and Helen Gambin née Sant, born in Birkirkara, Malta, resided in Birkirkara, Malta, and died in Birkirkara, Malta, on the 10th August, 2021, aged 73, and who held identity card number 1107947M.

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

11 November 2022

Notice 2121

2121

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th October, 2022, Application number 2066/2022, by Simon Peter Cutajar et whereby they requested that it be declared open in favour of Simon Peter Cutajar and Hector Cutajar, children of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Stella Cutajar, widow of George Cutajar, daughter of Joseph Bugeja and Eugenia Bugeja née Farrugia, born in Marsa, Malta, resided in Marsa, Malta, and died in Msida, Malta, on the 18th June, 2022, aged 79 and who held identity card number 402043M.

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

11 November 2022

Notice 2122

2122

It is hereby notified that by virtue of a decree given on the 9th November, 2022, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Alessio Spata of Kantra Court. Block B, Flat 4, Triq it-Torri, Xlendi, Munxar, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:

The company Go plc (C22334), of Triq Fra Diegu, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo), Case number 17/2022 in the names of 'Go plc vs Alessio Spata', on the 6th June, 2022, wherein it requested the Tribunal to condemn the defendant Alessio Spata to pay plaintiff company the amount of €2731.05, in connection with telephone service, (a/c 40894236), telephone number 79014405 as per various bills issued to defendant, together with costs, interest and legal expenses.

The hearing of this case is being deferred for the 15th December, 2022, at 12.45 p.m.

Rebekah Mizzi

Deputy Registrar

11 November 2022

Notice 2123

2123

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October, 2022, Application number 1989/2022, by Gio Maria sive Jimmy Vella et whereby they requested that it be declared open in favour of Gio Maria sive Jimmy Vella husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Maria Dolores sive Doreen Grech née Vella daughter of the decujus the succession of Karmni sive Carmela Vella, wife of Gio Maria sive Jimmy Vella, daughter of the late Piju Muscat and Marija Muscat nee Bezzina, born in Mġarr, Malta, resided in Mġarr, Malta, and died in Tal-Pietà, Malta on the 9th, May, 2022, aged 78, and who held identity card number 63344M.

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

11 November 2022

Notice 2124

2124

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 18th October, 2022, Application number 2096/2022, by Carmel Diacono et whereby they requested that it be declared open in favour of Carmel Diacono husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Maximilian Diacono and Kieran Diacono children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Amalia Diacono, wife of Carmel Diacono, daughter of the late Joseph DeGaetano and Salvina DeGaetano née Miceli, born in Tas-Sliema, Malta, resided in Birżebbuġa, Malta, and died in Msida, Malta, on the 16th June, 2022, aged 57, and who held identity card number 0367664M.

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

11 November 2022

Notice 2125

2125

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th October, 2022, Application number 1998/2022, by Joseph Tanti whereby he requested that it be declared open in favour of Joseph Tanti husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Vanessa (Maria Vanessa) Tanti Rigos and Charles Oswald Tanti Rigos, children of the decujus in equal shares between them the succession of Maria Petronella Tanti, wife of Joseph Tanti, daughter of the late Alfred Rigos and Carmelina Rigos née Camilleri, born in Birkirkara, Malta, resided in Swieqi, Malta, and died in Msida, Malta, on the 10th May, 2022, aged 68, and who held identity card number 899954M.

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

11 November 2022

Notice 2126

2126

ARB/C078/2022 – SEEZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 8th November, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Joseph Mifsud, LLD). Compilation Number 654/2022, in the case:

The Republic of Malta

Versus

JEMELYN ALIGA SILOS, housekeeper, 40 years, daughter of Heimi B. Aliga and Felicidad Aliga, born in San Pablo City, Philippines, on the 3rd August, 1982, and residing at Musbieħ, Fl. 2, Triq Pietru Xuereb, Tal-Pietà, and holder of Filipino passport bearing number EB1733960 as well as Maltese identification documents bearing numbers 39690A and 105317A.

AND

ARVIN GUERRERO SILOS, deckhand, 42 years, son of the late Cesar B. Silos and Emidy G. Guerrero, born in Candelaria, Philippines, on the 11th July, 1980, and residing at Musbieħ, Fl. 2, Triq Pietru Xuereb, Tal-Pietà. and holder of Filipino passport bearing number P7027653A as well as Maltese identification document bearing number 53413A.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to JEMELYN ALIGA SILOS and ARVIN GUERRERO SILOS and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, and this in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta as made applicable by Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta and Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand nine hundred and seventy-six euro and twenty-four cents (€13,976.24) after the accused indicates with a note where they are perceiving this money.

Any person who acts in contravention of the court order mentioned in Article 5, Article 23A and Article 36, referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Director, Asset Recovery Bureau

14 November 2022

Notice 2127

2127

ARB/C079/2022 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 11th November, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD). Compilation Number 661/2022, in the case:

The Police

(Inspector Mark Anthony Mercieca)

Versus

SOTIR HOXHAJ, construction worker, 38 years, son of Aredin and Sabie, born in Albania on the 23rd June, 1984, without a fixed address in Malta and holder of Maltese identity card bearing number 310269A.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to SOTIR HOXHAJ and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount of thirteen thousand, nine hundred and seventy-six euro (€13,976.00) per year, after the accused indicates with a note from where he is perceiving this money.

Any person who acts in contravention of the court order as mentioned in Article 22A and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Director, Asset Recovery Bureau

14 November 2022

Notice 2128

2128

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 6th January, 2022, following a request by James Harrison et it was ordered that deputy curators be appointed to represent the interest of the unknown heirs of Anthony Cardona and also the interest of the unknown heirs of Giovanni Domenico DeBono in the acts of the schedule of deposit number 4/2022 in the names James Harrison et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 4th January 2022, in the names James Harrison, sales manager, married, born in Mtarfa, Rabat, and residing in Swieqi (ID 616261M) and Audrey Cristiano née Harrison, married to Patrick Cristiano, clerk, born in Tas-Sliema and residing in St Paul's Bay (ID 637863M) and Advocate Dr Neil Harrison, born in Tas-Sliema and residing in Gżira (ID 366069M), siblings Harrison, children of the late Harold Walter Harrison and Odile née Micallef St John vs Deputy Curators to represent the interest of the unknown heirs of Anthony Cardona, in business, son of Gorg and Paola née Cutajar, born in St Julian's and residing in Gżira and for the interest of the unknown heirs of Giovanni Domenico DeBono, son of the late Mr Filippo Nicolo, born in Żebbuġ and resided in Tas-Sliema, the applicants James Harrison (ID 616261M), Audrey Cristiano née Harrison (ID 637863M) and Advocate Dr Neil Harrison (ID 366069M) respectfully submitted:

That the applicants are coowners of the perpetual utile dominium, today consisting of a block of appartments with its roof and airspace (before maisonette), officialy marked with number 80, Triq Belvedere, Gżira as better shown on the attached siteplan marked as Doc. A;

That the property above mentioned is subject to the annual, perpetual and non revisable groundrent of one sterling and six shillings (£1.6x) equivalent to one Maltese lira and thirty cents (Lm1.30) that are equivalent to €3.03;

That the premises in question passed on to the applicants by means of their fathers Harold Walter Harrison inheritance;

That the property in question was acquired by the antisuccessors in title of the applicants, their grandfather Walter Harrison, by means of a contract of sale in the records of Notary Vincenzo Maria Pellegrini dated 10th September, 1960, attached and marked as Doc. B.

That from further searches, it results that the groundrent in the amount mentioned of €3.03 is due to the respondents as follows:

i. Ninteen shillings and six pens (19x6s) that is ninthy seven Maltese cents five mills (Lm0.975) equivalent to €2.27 representing the annual and perpetual subrougroundrent due to the unknown heirs of Anthony Cardona, in business, son of Gorg and Paola née Cutajar, born in St Julian's and resided in Gżira,

ii. Six shillings and six pence (6x6s) that is thirty two Maltese cents and five mills (Lm0.325) equivalent to €0.76 representing the original annual and perpetual groundrent due to the unknown heirs of Giovanni Domenico DeBono, son of the late Mr Filippo Nicolo, born in Żebbuġ and resided in Tas-Sliema;

That the applicants wish to avail themselves from the option given to them in terms of article 1501 of the Civil Code (Cap. 16) and redeem the same original groundrent and subgroundrent in terms of law;

That the amount of €3.03 capitalised at the rate of 5% amounts to €60.60;

That the applicants are depositing the amount of €15.15 representing five (5) years annual and perpetual groundrent and subgrounrent arrears regarding the property above mentioned;

That the applicants are depositing also the amount of €3,03 representing the laudemium due in terms of the same perpetual emphetuesis.

Thus, the applicants are humbly requesting this Honourable Court and under its authority are depositing the total amount of €78.78 representing the redemption of this annual and perpetual groundrent, laudemium due and the releative arrears due and payable in the amounts as follow:

i. €59.02 to the unknown heirs of Anthony Cardona, in business son of Gorg and Paola née Cutajar, born in St Julian's and resided in Gżira, and

ii. €19.76 to the unknown heirs of Giovanni Domenico DeBono son of the late Mr Filippo Nicolo, born in Żebbuġ and resided in Tas-Sliema so that this amount will be freely withdrawn by the respondents after leaving the relative receipt according to law and which amounts are to be released in the amounts above mentioned.

Applicants:

James Harrison,19, Triq l-Uqija, Swieqi

Audrey Cristiano, Blk 7, Mais 3, Triq il-Qala, St Paul's Bay

Dr Neil Harrison, 80, Flt 3, Triq Belvedere, Gżira

Respondent:

Deputy Curators

Director Public Registry, Evans Building, Triq il-Merkanti, Valletta

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

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

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

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

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

11 November 2022

Notice 2129

2129

By a decree of the Court of Magistrates (Malta) of the 8th November, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Bank of Valletta plc (C2833) of 1/5, Misraħ San Ġorġ, Valletta VLT 1190, filed a claim on the 30th June 2022, whereby the Bank asked the Court to condemn Jeffrey Grima (ID 153499M) of 11, Entrance A, Flat 2, Triq il-Kbira, Żebbuġ, to pay the plaintiff Bank the sum of €4,778.20, which amount is due to the plaintiff Bank.

With costs and legal interests

The case (Application number 194/2022JG) is deferred to the 21st Novemberr, 2022, at 12.40 p.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

14 November 2022

Notice 2130

2130

IT IS hereby notified that by virtue of a decree given on the 9th November, 2022, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Aleksander Filipov of San Ġużepp, Flat A, 4, Trejqa Ta' Ħatar, Qala, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:

The company Go plc (C22334), of Triq Fra Diegu, Marsa, Malta, filed a claim in the Small Claims Tribunal (Gozo), Case number 19/2022 in the names of Go plc vs Aleksander Filipov, on the 13th July, 2022, wherein it requested the Tribunal to condemn the defendant Aleksander Filipov to pay plaintiff company the amount of €2884.24, in connection with diverse telephone services provided on account numbers, (a/c 40910583, 40910308 and 40864445), telephone numbers 79052303, 79051001 and 21560587 respectively as per various bills issued to defendant, together with costs, interest and legal expenses.

The hearing of this case is being deferred for the 15th December, 2022, at 12.45 p.m.

Rebekah Mizzi

Deputy Registrar

14 November 2022