Court Notices published in Govt. Gazette No. 20,983 of 30th December 2022

Notice in terms of Article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number: 45/2022

Application in terms of Article 495A of the Civil Code

Peter Paul Farrugia, Michael Farrugia, Ignatius Farrugia in his name and on behalf of Mary Jane Nelku and Rose Haber, George Farrugia, Joseph Farrugia, Lucy Cauchi, Rebecca Grech, Settembro sive Septembro Grech, Angela Borg (ID 56355G) in her name and in the name of Rita Girolametto, Paula Farrugia, Carmela Gauci, Natalie Farrugia

c/o 29, Triq l-Isptar San Ġiljan, Fontana

-vs-

Dr Deborah Camilleri as guardian of the following persons living abroad Anthony Raymond Farrugia, Karim Said widower of Donna née Farrugia and uncertain heirs of Daniel Higgins

17, Saint Augustine Square, Vicotira, Gozo

Application of Peter Paul Farrugia, Michael Farrugia, Ignatius Farrugia in the name and on behalf of Mary Jane Nelku and Rose Haber, George Farrugia, Joseph Farrugia, Lucy Cauchi, Rebecca Grech, Settembro sive Septembro Grech, Angela Borg (I.D. 56355G) in her own name and on behalf of Rita Girolametto, Paula Farrugia, Carmela Gauci, Natalie Farrugia.

Respectfully submit and the said Angela Borg (I.D. 56355G) confirms under oath and declares that she knows the facts personally:

THAT this present action relates to the following property: a piece of land with the number nine (9) in Triq Ħanaq, Nadur, Gozo.

1. THAT this property was originally acquired by the sellers from the inheritance of their father Francis Farrugia and this will be explained in detail in the root of title of the same land through a note prepared by Notary Maria Vella Magro;

2. THAT by virtue of two signed promise of sale agreement, that is:

(i) the agreement signed on the twenty (20) of April, 2021 signed between the actors Peter Paul Farrugia, Michael Farrugia, Ignatius Farrugia in the name and on behalf of Mary Jane Nelku and Rose Haber, George Farrugia , Joseph Farrugia, Lucy Cauchi, Angela Borg in her own name and on behalf of Rita Girolametto, Paula Farrugia, Carmela Gauci, Natalie Farrugia as sellers and on the other hand Vincenzo Azzopardi and Charmaine Refalo as buyers attached as Document A;

(ii) the agreement signed on the twenty-second (22) of February, 2022 signed between the plaintiffs Rebecca Grech and Settembro sive September Grech as sellers and on the other hand Vincenzo Azzopardi and Charmaine Refalo as buyers attached as Document B;

which promise of sale agreements are duly registered with the Department of Inland Revenue where all parties except for the respondents named Anthony Raymond Farrugia, Karim Said widower of Donna née Farrugia and uncertain heirs of Daniel Higgins promised to sell and transfer to the Vincenzo Azzopardi and Charmaine Refalo the same land and this one under the terms and conditions listed in the same promise of sale agreements;

3. THAT therefore only the respondents Anthony Raymond Farrugia, Karim Said widower of Donna née Farrugia and uncertain heirs of Daniel Higgins did not adhere to this promise of sale agreement;

4. THAT the exponents believe that the price originally negotiated between all the claimants is an advantageous one considering the measurement of this piece of land, and the state in which it is located, as well as the location in which it is located, and all the circumstances related to these funds and this also as will result from the certified estimate of an Architect that will be presented in the case;

5. THAT the exponents did not manage to obtain the consent of the respondents for the proposed sale since they have no contact with them;

Therefore the exponents respectfully request that the Honourable Court may, after due publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Chapter 16:

(1) declare that the price as well as the conditions originally proposed for the sale of all the claimant's share of the property described above to Vincenzo Azzopardi and Charmaine Refalo is fair and appropriate and that the same price and conditions shall apply for the pending sale to respondent from this same fund;

(2) approve the proposed sale, and order the publication of the deed of sale also with regard to the quota payable to the said respondents Anthony Raymond Farrugia, Karim Said widower of Donna nèe Farrugia and indeterminate heir of Daniel Higgins, on a day, time and place to be fixed and appoints the Notary Maria Vella Magro to publish the deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that act.

With all the costs of this procedure as well as of the judicial letter mentioned against the same defendants Anthony Raymond Farrugia, Karim Said widower of Donna née Farrugia and uncertain heirs of Daniel Higgins.

The application is appointed for hearing for Friday, 24th February, 2023 at 9.00 am.

John Vella

For the Registrar, Gozo Courts and Tribunals

By decree given by the Civil Court, First Hall on the 19th December, 2022 on the application of Bank of Valletta p.l.c. (C2833), Tuesday, 2nd 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, Republic Street, Valletta of the following property.

The garage/store on ground floor level, without official number, named “Mars", in Triq il-Bajjada, previously known as Triq Gdida in Triq Isouard, Marsa, which garage/store with the exception of the facade is bounded from all the boundaries with third party property, subject to annual and perpetual ground rent of forty six euro and seventy three cent (€46.73), which ground rent is due on the forming land where the garage is built on, including the rent pre 1995 for the remaining years till year 2028, with all its rights and appurtenances, valued at one hundred, fifty four thousand and eight hundred euro (€154,800).

The said tenement is the property of Grech Maria Dolores (ID66543M), Drago Maria Carla (ID45969M) and Camenzuli Alexia (ID234878M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 58/2015.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 19th December, 2022 on the application of Bank of Valletta p.l.c (C2833), Tuesday, 14th March, 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, Republic Street, Valletta of the following property.

Apartment internally marked numbered one (1), at first (1st) floor level, forming part of an unnumbered block named “Bay Flats", in Triq l-Għansar, Birżebbuġa, including the use of the common parts of the block, amongst which there is the entrance, stairwell, landings and shafts, front door of the block and drain and drainage systems and the rain water systems, including also the use of the washroom and the use of a divided part of the roof that is the part that gives onto the street. The owner has the right to install a water tank and aerial and/or satellite dish antenna on the roof of the washroom. The drains and drainage systems and the rainwater gathering systems are in common for the whole block and pass through the underlying properties and the owner has the right of access to same systems (at reasonable hours) for repairs and maintenance of same. The said apartment is subject to and enjoys other servitudes resulting from its position, otherwise free and unencumbered with all its rights and appurtenances. The said block is bounded from the east by said street, north by property of family Testaferrata Moroni Viani or their successors in title and south by property of John Agius or their successors in title and is valued at one hundred and twenty-nine thousand euro (€129,000).

The said tenement is the property of Vella Jonathan (ID370487M)

N.B. The said tenement will be sold as described in the acts of judicial sales number 30/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

IT IS hereby notified that by virtue of a decree given on the 24th September, 2021, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Ronald David Antoine Williams of Flat 6B, Tolfa Court, Latini Street, Għajnsielem, Gozo in terms of section 187(3) of Chapter 12 of the Laws of Malta:

Josanne Abu Hishmeh of 'Flat 3, Baskal, Triq il-Muniċipju Ruman, Rabat'- filed a claim in the Small Claims Tribunal (Gozo) – Case number 4/2021 in the names of “Josanne Abu Hishmeh vs Ronald David Antoine Williams"– on the 1st May, 2021 wherein it requested the Tribunal to condemn the defendant Ronald David Antoine Williams to pay the amount of €4,082.52, representing damages that the defendant did inside the apartment number sixteen (16) Orchidea, Triq Cordina, Għajnsielem.

Along with the interests from the date of the official letter to the date of actual payment.

With the costs including those of the official letter of February, 2021.

The hearing of this case is being deferred for the 12th Jannar, 2023 at 12.15pm.

Rebekah Mizzi

Deputy Registrar

DKR 48/2013 – VARIATION OF A FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 31st October, 2022 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Claire-Louise Stafrace Zammit LL.D.) after an application filed by Tancred Tabone on the 06th October 2022, Compilation Number 170/2013, in the case in the names:

The Police

(Inspector Rennie Stivala)

versus:

TANCRED TABONE, 70 years, son of the late Joseph and Marion  nèe  Mercieca, born in Sliema Malta on the 24th October 1952, residing at 78,  Ġużè Howard, Sliema, Malta and holder Maltese Identity Card bearing number 793652 (M).

The Court ACCEDED to the request of the accused Tancred Tabone in the sense that it authorizes the same accused Tancred Tabone to pay the amount of €989.98 to Eagle Star (Malta) Limited for the Life Assurance Policy with number 652709.

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, following another decree given by the same Court on the 15th December, 2021 and published in the Government Gazette of the 14th January, 2022, following another decree given by the same Court on the 25th August, 2020 and published in the Government Gazette of the 4th September, 2020, following another decree given by the same Court on the 2nd May, 2018 and published in the Government Gazette of the 28th May, 2018, following another decree given by the same Court on the 06th October, 2017 and published in the Government Gazette of the 16th March 2018, following another decree dated 18th August, 2017 which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013 and 1st March, 2013 and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr. Gabriella Vella LL.D) on the 19th February, 2013 and published in the Government Gazette of the 22nd February, 2013, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Tancred Tabone.

Marvic Psaila

Deputy Registrar Criminal Courts and Criminal Tribunals

It is hereby notified that by a decree issued on the 24th of November 2022 issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the records of the warrant of Prohibitory Injunction number 47/2012 in the names Dhalia Real Estates Services Limited -vs- Ace Portfolio Limited, the publication of the extract reproduced below was ordered in order to serve as service against the respondent Ace Portfolio Limited of Penthouse, San Nikola Court, Triq Liforna, Marsalforn, Żebbuġ, Gozo, and this in terms of Article 187(3) of Cap. 12 of the Laws of Malta.

Application of Dhalia Real Estates Services Limited (C-22364) of Cobalt House, Notabile Road, Imrieħel, Malta;

Stated with respect and confirmed on oath:

That the exponent has an interest in protecting the rights of the exponent;

That the exponent, in order to safeguard his rights, wishes to prevent the respondent from assigning, selling and/or transferring with any title, whether free and/or onerous to third parties, the premises located on the street level floor, in Triq Amery Sliema, given that the applicant company acquired by title of lease from the respondent company through a rent contract attached here and marked DOK A, dated 9th May, 2019 and through which the applicant company rented the premises for eight (8) years starting from when the respondent company hands over the keys of the property to the claimant company, about two years from the date of the contract but not more than three years from the date of the same contract and this because the respondent company obliged itself in the same rent contract to transfer the property de quo ready for use according to clause 14.1 of the contract;

That the respondent company remained in default in its obligation to transfer the ownership of the premises de quo as stipulated to the claimant company within a maximum of three years from the date of the contract, and as a consequence the claimant company is suffering from huge damages, which damages and prejudice will be irremediable in case the respondent company disposes of the property de quo;

That the claimant company has an interest in having the possession of the property de quo as agreed in accordance with the provisions of the rent contract of the 9th May, 2019, and therefore in order for the claimant company to protect its rights arising from this contract, it is necessary to grant this warrant, in the first place in a provisional manner, because if the respondent company disposes of the property in question, the prejudice suffered by the applicant company would be irremediable prejudice.

That the exponent will be prejudiced if the respondent is not inhibited as stated;

Therefore, the exponent humbly asks this Honorable Court to order the issuance of the warrant of Prohibitory Injunction to prevent him from doing or continuing to do the things mentioned above.

With costs against the respondent company.

That through a decree given on 25th October, 2022 given by the Court of Magistrates (Gozo) Superior Jurisdiction General Section, in the same acts of the warrant of Prohibitory Injunction indicated, granted the request provisionally and granted five days for the replay.

The application is appointed for hearing for Friday, 6th January, 2023 at 09:00am.

Daniel Sacco

Deputy Registrar for the Registrar Courts and Tribunals (Gozo)