Court Notices published in Govt. Gazette No. 20,965 of 25th 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 1st November, 2022, following a request by Eileen Farrugia et it was ordered that deputy curators be appointed to represent the unknown direct owners and sub direct owners in the acts of the schedule of deposit number 2070/2022 in the names Eileen Farrugia 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 28th October, 2022, in the names Eileen Farrugia née Sciberras, wife of Joseph Farrugia, born in San Ġwann on the 28th October, 1965, and residing at 20A, Boat House, Triq tax-Xtut, St Paul's Bay (ID 0520065M); Maria Sciberras unmarried, previously married to David Mangion, which marriage was annulled, born in San Ġwann on the 27th January, 1968, and residing at Montparnasse, 39, Triq Madre Margherita Debrincat, Pembroke (ID 0078268M); Salvina sive Sylvia Grech, divorced from Raymond Grech, daughter of Emanuel Sciberras and Concetta sive Cetta Sciberras née Zammit born in Birkirkara on the 29th August, 1962, and residing at 20 Yucca Court, Flat 13, Triq Carmelo de Lucca, St Paul's Bay (ID0576062M) vs Deputy Curators to represent the unknown heirs of the direct owners and subdirect owners and that is of 1) Paolina Felice, Stanislav Borg and Concetta Vella; 2) Emanuele Borg, Giovanni Coleiro, Giovanni Coleiro, Antonio Cuschieri and Andra Bugeja; and 3) Salvatore Sciberras, the applicants Eileen Farrugia née Sciberras (ID 0520065M), Maria Sciberras (ID 0078268M) and Salvina sive Sylvia Grech (ID 0578062M) respectfully submitted:

That the applicants are the owners of the premises number 31, Triq Mensija Road, San Ġwann, which they inherited from their parents Emmanuel Sciberras and Maria Concetta Sciberras née Zammit.

That the premises were subject to the annual and perpetual groundrent of Lm0.87 today equivalent to €2.03;

It results from the searches that this groundrent was constituted as follows:

i) That the original groundrent was constituted by means of a deed of the 1st February, 1934 (Doc. A), in the records of Notary Enrico Saydon, between Paolina Felice, Stanislav Borg and Concetta Vella (siblings Borg) and the purchasers Emanuel Borg, Giovanni Coleiro, Giovanni Coleiro, Antonio Cuschieri and Andrea Bugeja. Such annual groundrent amounted to Lm35 per year for the land of about 3,243 square canes. This means that the annual groundrent amounted to about one sent and seven mills for each square cane;

ii) By means of a contract in the records of Notary Edoardo Calleja Schembri on the 19th July, 1947 (Doc. B), the said Emanuele Borg, Giovanni Coleiro, Giovanni Coleiro, Antonio Cuschieri and Andrea Bugeja sold directly to Salvatore Sciberras thirteen square canes of the land subject to the annual and perpetual sub-groundrent of ten shillings and ten pence (that is Lm0.54,2 today equivalent to €1.26) calculated on the basis of ten pence for each square cane;

iii) That by means of contract in the records of Notary Edoardo Calleja Schembri of the 3rd April, 1934 (Doc. C), Emanuele Borg,Giovanni Coleiro, Antonio Cuschieri and Andrea Bugeja sold to giuseppe Sciberras 110.5 square cane of the same land, as subject to the perpetual subgroundrent calculated at the rate of six pence per square cane;

iv) That Giuseppe Sciberras subsequently sold 33 square cane of the land according to the contract in the records of Notary Edoardo Calleja Schembri of the 11th March, 1943 (Doc. D) as subject to the groundrent of Lm0.81,3 today equivalent to €1.89;

From this it results that the groundrent of €2.03 that is imposed on the property 31, Mensija Road, San Ġwann is divided as follows:

a. The original groundrent is due to Paolina Felice, Stanislav Borg and Concetta Vella or their heirs;

b. There is an increase in the groundrent is due to Emanuele Borg, Giovanni Coleiro, Giovanni Coleiro, Antonio Cuschier and Andrea Bugeja or their heirs;

c. There is an increase due to Salvatore Sciberras or their heirs.

Apart from this from the availabe documents, although the applicants concluded to whom the original groundrent was due to be paid, it is still not clear how the ground rent is to be split in precise shares. In addition, because of the time which has lapsed it is difficult to establish who are the living heirs of the direct owners and sub direct owners to whom the original groundrent was due. Thus, together with this schedule of depost an application for deputy curators to represent the unknown heirs of the direct owners and sub direct owners is being filed.

That the applicants also with schedule of deposit number 160/2004 (Note of Reference Doc. E) Emanuel and Maria Concetta Sciberras, at that time owners of the property de quo, redeemed the groundrent of Lm0.87 from Judge Dr David Scicluna because he was the one whom the groundrent was paid to. For all the effects and purposes of law, this schedule of deposit and redemption of groundrent is being filed because the previous schedule of deposit did not show the correct details as explained in this schedule of deposit.

Thus, the applicants by means of this schedule of deposit are depositing:

i) The amount of €40.60 representing the groundrent of €2.03 capitalised at the rate of 5%;

ii) The amount of €10.15 representing for all the effects, the arrears for the last five years.

Thus, in terms of sub-article 7 of the same article 1501 of the Civil Code, the applicants are requesting this Honourable Court and under its authority are depositing the total amount of €50.75 representing the price of redemption of this annual and perpetual subgroundrent regarding the property mentioned, and also the arrears of the last five years so that it will be freely withdrawn by the curators representing the unknown heirs of the direct owners and sub-directs owners above mentioned, after leaving the relative receipt.

Applicants:

Eileen Farrugia née Sciberras – 20A, Boat House, Triq ix-Xtut, St Paul's Bay

Maria Sciberras, Montparnasse, 39, Triq Madre Margherita Debrincat, Pembroke

Salvinu sive Sylvia Grech, 20, Yucca Court, Flat 13, Triq Carmelo de Lucca, St Paul's Bay

Service on:

Deputy Curators

Director Public Registry, 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. Mr Justice Toni Abela, LLD, Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Constitutional Court on 7th November, 2022, in the records of Appeal number 167/2021/1, in the names Leonard Galea (ID 579259M), Andrew Galea (ID 0735861M), Louise Anne Degiorgio (ID 0384067M), Mary widow of the dentist Edwin Galea (ID 0377001L) as usufructuary of her deceased husband for any interest she may have vs the State Advocate and Gaetano Barbara (ID 33965M) ordered the following publication in regard to Gaetano Barbara in virtue of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Appeal filed on 22nd April, 2022, by Leonard Galea (ID 579259M) et the appellants felt aggrieved by the judgment of 20th April, 2022, of the First Hall of the Civil Court (Constitutional Jurisdiction) and interposed an appeal from it in that the Court accepted the first plea by the State Advocate in the sense that the appellant applicants had to bring the best proof of their title on the property, as well as proof of the lease that they are contesting and they did not do so.

Therefore, the appellants, while making reference to all the evidence produced before the First Court, and while reserving to produce all that evidence allowed to them according to the law, are asking this Honourable Constitutional Court to revoke the said judgment given by the First Hall of the Civil Court (Constitutional Jurisdiction) on 20th April, 2022, and instead proceed to uphold the plaintiffs' claims while rejecting all the pleas of the appealed respondents and liquidate pecuniary damages in the amount of not less than €47,711.60, or other appropriate sum, in addition to non-pecuniary damages amounting to at least Eur 15,000, globally amounting to €62,711.60c. With costs of both instances against the respondent State Advocate.

Appeal number 167/2021/1 in the names above mentioned was deferred to 16th January, 2023, at 9.15 a.m.

Notification: Gaetano Barbara, 739, Triq il-Kbira San Ġużepp, Ħamrun

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

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 seq 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​