Court Notices published in Government Gazette No. 20,995 of 24th January 2023
Notice 197
197By means of a decree given by the Court of Appeal (inferior Jurisdiction) on the 9th August 2022, in the records of Appeal Application No. 37/2021 in the names Paul Portelli vs The Planning Authority, it ordered the following publication in regard to Paul Portelli, Joseph Portelli and Carmen Vella pursuant to section 187(3) et sequitur of Cap 12 of the Laws of Malta.
Whereas by means of Appeal Application No. 37/2021 filed on 29th September, 2021 in the names mentioned above, the Planning Authority felt aggrieved by the judgment of the 9th September 2021, wherein the Environment and Planning Review Tribunal decided the case in the said names by revoking the refusal decision and ordering the Secretary of the Planning Authority to, within thirty days from the date of this decision, issue the development permit according to the plans listed in the Case Officer Report at folio 69A in the Application File PA 04529/20 and standard conditions.
Whereas the grievances of the Planning Authority are clear and manifest and consist in the fact that the Environment and Planning Review Tribunal committed an error of law when it made an erroneous assessment of the facts as well failing to consider condition number twenty-three of Permit PA 5633/02; the same Tribunal discarded judgments of the Court of Magistrates and the Court of Criminal Appeal, and proceeded to issue the final permit on the site; and also the considerations made by the Tribunal on the violation of the Thematic Objective 6.1 of the SPED, are unfounded precisely because they are based on a wrong assessment as the site on which the dispute is located cannot be considered as a suitable place for development of a rural nature.
Therefore, the Planning Authority respectfully requests that this Honourable Court upholds this appeal and annuls and revokes the decision of the Environment and Planning Review Tribunal delivered on the 9th of September, 2021 in the afore-mentioned names and this under any other provision the Court deems appropriate and opportune, with costs to be borne by the respondent Portelli.
Appeal Application No. 37/2021 in the names Paul Portelli vs The Planning Authority is deferred to the 22nd February, 2023 at 9.00am
Notification: Paul Portelli, Australia House, Triq ta ' Hida, Nadur, Għawdex
Joseph Portelli, 64 Triq il-Knisja, Nadur, Għawdex
Carmen Vella, 32, Triq il-Hida, Nadur, Għawdex
Dr. Franco Bondin LL.D., M.Jur.
For the Registrar, Civil Courts and Tribunals
Notice 198
198By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 6th July, 2022, Application number 1228/2022, by Maria Stella Farrugia, whereby following the application Maria Farrugia, unmarried, house wife, daughter of Karmnu Farrugia and Emilia Farrugia née Carabott, born in Qrendi on the 31st July, 1943 aged 79 and presently is undercare at St Vincent de Paule Residence, Ħal Luqa, Malta and holding identity card number 496643(M), was interdicted from all the acts of the civil life by means of a decree given on the 7th December, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 199
199By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 2nd November, 2022, Application number 2212/2022, by Marvic Camilleri and Norbert Ciantar, whereby following the application Mary Ciantar, wife of Victor Ciantar, daughter of Emanuel Falzon and Assunta née Vassallo, born in Ħ'Attard on the 24th August, 1942, aged 80, and residing at San Pawl il-Baħa,r and holding identity card number 509242M, was interdicted from all the acts of the civil life by means of a decree given on the 20th December, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 200
200By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 31st August, 2022, Application number 1756/2022, by Paul Farrugia, Carmel Farrugia, Dorianne Martin née Farrugia, Adrian Farrugia and Mary Farrugia whereby following the application Lawrence Farrugia, pensioner, son of Paolo Farrugia and Assunta Farrugia née Tanti, born in Siġġiewi on the 1st October ,1945 aged 77 and presently is under care at St Vincent de Paule Residence, Ħal Luqa, Malta and holding identity card number 890845(M), was interdicted from all the acts of the civil life by means of a decree given on the 17th December, 2022.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 201
201IT 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 17th January 2023, and upon an application numbered 63/2023, ordered:
The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth bearing number 3693/2022 so that it appears that the name of the minor, daughter of Marko Zdravkovic and Maja Vucinic should appear as “MINJA" and not “MIHJA" in the columns headed: “Names given" and “Name or names by which the child is to be called and surname"
Court of Revision of Notarial Acts
ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LL.B. (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.).
Deputy Registrar Court of Revision of Notarial Acts
Notice 202
202IT 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 17th January, 2023, and upon an application numbered 1106/2022, ordered:
The Director of the Public Registry so that when he comes to register the Act of Birth of Ian Richardson Lutz in the Malta Public Registry, he effects the necessary corrections or annotations so that it appears that the name of Ian Richardson Lutz is “Ian Richardson" and not “Ian Matthew" and that his surname appears as “LUTZ" only and not as “Lutz Shove".
Court of Revision of Notarial Acts
ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LL.B. (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.).
Deputy Registrar Court of Revision of Notarial Acts
Notice 203
203By means of a decree of the 11th January, 2023, in the records of the judicial letter number 1737/2022 in the names Andrew Vassallo General Trading Limited vs Paul Azzopardi, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Paul Azzopardi in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Paul Azzopardi of Empyrean, Penthouse, Triq Santa Marija, Marsalforn, Gozo
By means of this present Andrew Vassallo General Trading Limited (C45790) of Aluminium & Steel Fabrication Works, Triq Ħal Tarxien, Gudja, solicits you so that within one week only from today you pay the amount of €5,949.50 representing the balance of the price of works of Spiral Staircase, as better described in the invoice already sent to you.
In default of payment in the time given to you, the interpellant will have no alternative but to proceed against you including the issuance of all the opportune warrants and this without further notice.
With costs and legal interest till the date of effective payment.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 204
204By means of a decree of the 17th May, 2022, in the records of the judicial letter number 453/2021, in the names Premier Leasing and Investments Company Limited vs Caroline Debattista, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Caroline Debattista (ID 17260M) of 8, Triq Churchill, Mellieħa, on the 3rd March, 2021, Premier Leasing and Investments Company Limited (C18214) of Premier Car Centre, Triq Burmarrad, Burmarrad, St Paul's Bay, Malta, referred to the bills of exchange signed and accepted by you numbered 31 till 45, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 3rd day of the month and that is between the 3rd August, 2019 and 3rd October, 2020, respectively, and you remained in default although time has passed and although you were solicited several times, so it solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €8,633.10 representing the value of the said bills of exchange, which bills of exchange were signed by you and you remained in default.
The interpellant company warns you that if you fail to abide with the above the company will proceed for the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.
For all the effects and purposes of law, you are warned that in terms of article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the notification of this judicial letter you file an application to oppose the execution of the said bill of exchange on the basis that the signature on the bill of exchange is not yours or for grave and valid reasons.
So much so may know how to proceed and regulate yourself.
With costs, including of this present against you and with legal interest from the date of expiry of the said bills of exchange till the date of effective payment.
This judicial letter is being sent to render the said bill of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 205
205By means of a decree of the 12th January, 2023, in the records of the judicial letter number 3284/2020 in the names David Vella (Trading) Limited vs Thomas Diacono noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Thomas Diacono noe in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Thomas Diacono (ID 127885M) as surety in solidum for and on behalf of Popular Marketing Limited (C53146) of 53, Il-Bitħa, Triq G. Curmi, Iklin
By means of this present David Vella (Trading) Limited (C-25293) ta' 9, Triq Valletta, Ħal Qormi, whilst making reference to the constitution of debt (document here attached and marked as Doc. A) in the records of Notary Sara Ellul of the 7th July, 2020, which is being rendered executable in terms of Article 253 and 256 of Cap. 12 of the Laws of Malta, solicits you so that within two days from today you pay the amount of €34,430.37 together with interest accrued at the rate of 8% as the amount due according to the same act, which amount is certain, liquid and due.
With costs and interest
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 206
206By means of a decree of the 25th July, 2022, given by the Civil Court First Hall in the records of judicial letter number 771/2022, in the names Registrar of Civil Courts and Tribunals vs Mariolot Limited et, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(3) et sequitur Cap. 12.
In the First Hall of the Civil Court
To Mariolot Limited et of 64, Triq Godwin Ganado, Tal-Virtù, Rabat
By the present the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €162.50 due by you as Registry fees in connection with the law suit in the names:
Tucan Investments Ltd vs Mariolot Ltd et (MCH, GCD, AE) withdrawn on the 6th December, 2021
You can also pay online by accessing the website: ecourts.gov.mt and choose the link 'Ħallas id-Dritt tar-Reġistru tal-Qorti' (Pay Court Registry Fees).In default the applicant reserves the right to proceed further against you according to law.
So much for your own guidance
With costs
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 207
207By means of a decree of the 17th June, 2022, in the records of the judicial letter number 3120/2021 in the names Sliema Creek Properties Limited et vs Mark Lupi et noe, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Mark Lupi (ID 468372M)
Dr Geraldine Spiteri for and on behalf of the commercial company Miramar Holdings Limited (C80306)
Anthony Catania (ID 241445M)
Doris Catania (ID 605438M)
Clarissa Cuschieri (ID 9080M)
Kane Zammit (ID 250386M)
Bernard Magro (ID 10688A)
By means of this present the commercial company Sliema Creek Properties Limited (C77895), the commercial company ICI Limited (C33815 and Architect Karl Ebejer (ID 300386M)) whilst referring to the judicial letter dated 7th July, 2021, with reference number 2951/21 filed in the First Hall of the Civil Court, the same interpellants are rejecting any claim said in the judicial letter and this since the content in the said letter does not reflect the truth of the current situation both in fact as well as at law.
That it is made explicit that since the beginning of the construction carried out by the interpellants, no kind of damage/burden or other sort of prejudice has ever been caused by this block to the block in relation to the properties subject matter of the complaint and therefore there is no damage owed by the interpellants to you. Therefore any assertion in this sense is not true and is not legally founded;
That precisely in this regard, both before and after the warrant of prohibitory injunction with number 1748/2021/1 TA, which warrant was extended in favour of the interpellants, the same interpellants had already prepared several experts and technical reports in this regard, which reports are a clear demonstration that no prejudice has ever existed on the building and the properties in question;
That precisely in this regard, the interpellants are once again relying absolutely on the most recent report of Architect Andrea Sammut (here attached and marked as Doc. A) and this with clear evidence of that just quoted;
That therefore, the content of the judicial letter referred to is not true and every assertion contained in the same letter is unfounded in fact and in law;
That therefore and in view of the above, the same interpellants are soliciting you such that you refrain from taking further actions and are from now on holding you responsible for all the damages that may be incurred against them, and this in view of the fact that these acts have been filed pointlessly against the same interpellants.
With costs
Notification:
1. Mark Lupi (ID 468372M), 198, Flt 2, Triq il-Kbira, St Julian's
2. Dr Geraldine Spiteri for and on behalf of the commercial company Miramar Holdings Limited (C80306) ta' 86, Triq il-Merkanti, Valletta VLT 1177
3. Anthony Catania (ID 241445M), Mayflower, Blk 2, Flt 1, Triq Bisazza, Tas-Sliema
4. Doris Catania (ID 605438M), Mayflower, Blk 2, Flt 1, Triq Bisazza, Tas-Sliema
5. Clarissa Cuschieri (ID 9080M), Il-Pjazzetta, Blk 8, Flt 23, Triq it-Torri, Tas-Sliema
6. Kane Zammit (ID 250386M), 169, Chelsea, Triq il-Ġiżimin, Swieqi
7. Bernard Magro (ID 106888A), Porto Paolo, Blk A, Flt 15, Triq Buġibba, St Paul's Bay, Malta, and/or 169, Chelsea, Triq il-Ġiżimin, Swieqi
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 208
208By means of a decree of the 11th October, 2022, delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 2419/2022 in the names Regulator for Energy and Water Services vs Kristina Polidano Agius, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Kristina Polidano Agius (ID 0165579M) of 54, Triq ix-Xagħra ta' Barra, Mellieħa MLH 2305, on the 29th September, 2022, Regulator for Energy and Water Services of Zentrum Business Centre, Level 1, Triq l-Imdina, Ħal Qormi, for the purposes of article 466 of the Code of Organisation and Civil Procedure, notifies you with the attached sworn declaration marked as Doc. A and calls upon you so that within ten (10) days you pay the sum of €3,555.80, which amount is due by you as a final and conclusive liquidation for payment of arrears for license rights bearing reference SP 1566 from the year 2014 till the year 2022, for the swimming pool in the premises 54, Triq ix-Xagħra ta' Barra, Mellieħa MLH 2305, and for penalties of late payment regarding the same in terms of Cap. 244 of the Laws of Malta and of the subsidiary legislation 545.07.
In default of payment or opposition on your part according to the aforementioned article 466, the applicant Regulator will proceed to issue executive warrants against you according to law.
With costs of this Act
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 209
209By means of a decree given on the 22nd November, 2022, in the records of the judicial letter number 2329/22, in the names Chief Government Medical Officer et vs Lavanya Balasubramanram , the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Lavanya Balasubramanram (ID 256032A) of Crystal Court, Flat 2, Triq Evelyn Bonaci, Birkirkara, on the 16th September 2022, Chief Government Medical Officer and the Deputy Prim'Minister and Minister for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicit you so that within one week from this letter you pay the amount of €228.10 representing notice period not worked by you.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 210
210By decree given by the Civil Court, First Hall, on the 30th November, 2022, on the application of Cachia Mary Anne (ID 1021647M) pro noe et, Tuesday, 7th March, 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 Court Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.:
The apartment internally numbered five (5) and six (6) in number one hundred and eleven (111) in Triq San Ġużepp, Valletta, situated on the first floor in block of thirteen apartments, including the undivided share of the common areas including the main entrance, the stairwell and the staircase and the use of the roof, free and unencumbered without burdens, with vacant possession, with the participation of extraneous bidders, and with offers starting from one hundred and fifty thousand euro (€150,000).
The said tenement is the property of Mary Anne Cachia (ID 1021647M) in her own name and as a special mandatory for the absent Silvio sive Stephen Cassar, Matthew Cassar (ID 999146M); Lucia Vassallo (ID 766552M); Raymond Cassar (ID 537557M); Agnes Callus (ID 535660M); Edel Mifsud née Zammit (ID 407084M) in her own name and as a mandatory for the absent Margaret Grace Drivata née Zammit (ID 568475M) and Australian passport number PA8869545, John Zammit (ID 307183M); Carmelo Zammit (ID 453888M) and Diomede sive Amadeo Cassar (ID 17355M).
N.B. The said tenement will be sold as described in the acts of judicial sales number 61/2022.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 211
211By means of a decree of the 21st November, 2022, of the Civil Court (Family Section), in the records of the Application in the names Dr Lycia Cordina noe vs Josianne Simiana, Application number 356/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent Josianne Simiana 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 Advocate Dr Lycia Cordina (ID 116478M) for and on behalf of Ronad Simiana (ID 447264M) duly authorised by means of a power of attorney dated 18th April, 2022, vs Josienne Simiana (ID 203262M), filed in the Civil Court (Family Section), on the 30th June, 2022, the applicant Advocate Dr Lycia Cordina noe requested this Honourable Court to:
1. Pronounce the dissolution of the marriage between the parties;
2. Order the Registrar of Courts so that within the time given by this same Court, he notifies the Director Public Registry about the dissolution of the marriage of the parties so that this is registered in the Public Registry.
Applicant: Advocate Lycia Cordina noe – 58, Triq l-Ifran, Il-Belt Valletta VLT 1454
Notification: Josienne Simiana, 40, The Flower Gate, Triq il-Ferrovija, Ħ'Attard
The Application in the names Dr Lycia Cordina noe vs Josienne Simiana, Application number 356/2022JPG, has been postponed for hearing to the 8th February, 2023, at 11.50 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 212
212By means of a decree of the 26th December, 2022, of the Civil Court (Family Section), in the records of the Sworn Application in the names Khaled Shehata vs Isabelle Ruggier et noe, Sworn Application Number 215/2011AL, the following publication was ordered for the purpose of effecting service on the respondent Isabelle Ruggier 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 Khaled Shehata (KI 330298M) vs Isabelle Ruggier (ID 98072M) , Director Public Registry and further to a decree of the 25th April, 2021, Isabelle Ruggier was nominated deputy curator of the minors … omissis … in the records of the Sworn Application bearing reference 215/2011AL, filed in the Civil Court (Family Section), on the 16th December, 2021, the applicant Director for Child Protection within the Foundation for Social Welfare Services requested this Honourable Court so that it:
1. Revokes contrario imperio its order that the access by the father has to be one under supervision and instead order that this has to be free; and
2. Authorise the applicant Directorate to close the case on his part.
And this under those provisions that this Honourable Court deem fit and opportune to impose in the circumstances
Applicant: Hurghada, Triq San Luqa, St Paul's Bay
Notification: Isabelle Ruggier, Oakleaf, No. 1, Triq Alfons Maria, St Julian's
Civil Courts (Family Section)
Honourable Judge Abigail Lofaro, LLD, DIP STUD. REL. MAG. JUR. (EUR. LAW)
The Court,
Saw the application of the Directorate of Child Protection of the 16th December 2021;
Orders the notification to the counterparty who has five working days within which to submit a reply.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 213
213By means of a decree of the 21st November, 2022 of the Civil Court (Family Section), in the records of the Application in the names Alicia Laquio Lapad vs Clodomiro Meilak, Application number 338/2022JPG, the following publication was ordered for the purpose of effecting service on the respondent Clodomiro Meilak 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 Alicia Laquio Lapad (KI 0060741A) vs Clodomiro Meilak (KI 195461M), filed in the Civil Court (Family Section), on the 17th June, 2022, the applicant Alicia Laquio Lapad (ID 0060741A) requested this Honourable Court to:
1. Declare the dissolution of the marriage between the parties in terms of Article 66B of Cap. 16 of the Laws of Malta;
2. Order the Registrar of Courts so that within a short and peremptory time fixed by this Honourable Court informs the Director Public Registry with the dissolution of marriage of the parties so that the same is duly registered in the Marriage Certificate of the parties.
And this saving any other provisions that this Court deems fit and opportune.
Applicant: 203/1, Sciberras Associates, Vincenti Buildings, Triq l-Ifran, Valletta
Notification: Clodomiro Meilak, Blk J, Flat 1, Door B, Triq F. Balbi, St Julian's
The Application in the names Alicia Laquio Lapad vs Clodomiro Meilak, Application number 338/2022JPG, has been postponed for hearing to the 8th February, 2023, at 11.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 214
214By means of a decree of the 14th December, 2022, of the Civil Court (Family Section), in the records of the Application in the names Sharon Agius vs Agostino sive Austin Agius, Application number 216/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Agostino sive Austin Agius in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of application number 216/2022AL in the names Sharon Agius (ID 398176M) vs Agostino sive Austin Agius (ID 136570M), filed in the Civil Court (Family Section), on the 12th October, 2022, the applicant Sharon Agius (ID 398176M) requested this Honourable Court to:
i. Declare and pronounce the personal separation between the parties for reasons imputable to the defendant and for the purposes of Article 48(c) of the Civil Code (Cap. 16) establish the date from which the same defendant is to be considered guilty of separation, adultery, excesses, threats and or other reasons that lead to the application of the provisions of Article 48 of the Civil Code (Cap. 16);
ii. Condemn the defendant to pay the plaintiff the appropriate and adequate maintenance that is fixed by the same Court, according to the means of the defendant and the needs of the plaintiff, in the week or in the month as ordered by this Court, or if the Court deems appropriate, order the defendant to pay the plaintiff, instead of all or part of that maintenance, a global sum which in the opinion of the Court is sufficient for the plaintiff to be financially independent or less dependent on the defendant and in case that, due to the fact that the plaintiff has a job and a stable income, this Honourable Court considers that the defendant should not pay maintenance to her for her needs, declare that the behaviour of the plaintiff was such that the right to receive maintenance from the defendant is reserved and will be exercisable whenever there is any change in the circumstances of the respective parties;
iii. Declare that the total payment made by the defendant from 1st January, 2016, that is when the parties started living seperately until the day of the eventual judgment or another day established accordingly by this Honourable Court, on account of the maintenance of the said plaintiff, was inadequate when taking into account the needs of the plaintiff and the means of the contendents, and it should have been more, and that there is therefore reason for the defendant to be ordered to pay, that is reimburse the plaintiff, a sum to be equivalent to the arrears of maintenance that he should have paid but did not pay, as explained here;
iv. With reference to the expenses of the plaintiff for her needs, the means of the parties during the relevant times, and the payments that the defendant should have made to the plaintiff for her maintenance and those that he actually made, liquidate the arrears of maintenance from 1st January, 2016, that is the day when the parties began to live separately till the date when the judgment on the previous requests is final or another date established by the Court worked out at the rate that is purposely established and applied by this Honourable Court, payable by the same defendant to the plaintiff in order to reimburse the same plaintiff for the payments made by her which should have been made by him in parte or in toto;
v. Order the same defendant to pay the plaintiff that sum thus established and liquidated by this Court as arrears of maintenance, under those modalities that are established in this regard by the same Court and in addition to the maintenance that is requested in demand number (ii);
vi. Apply against the defendant in whole or in part, according to what is deemed appropriate by this Honourable Court after considering the defendant's behaviour, the provisions of Article 48 of the Civil Code (Cap. 16);
vii. Condemns the defendant to deliver to the plaintiff all her paraphernal belongings and orders the plaintiff to have the administration of her paraphernal belongings;
viii. Liquidate the paraphernal debts, and namely the pecuniary ones of the plaintiff and consider the same as debts due to the same plaintiff from the community of acquests for the parties or, as the case may be, against the defendant and namely his paraphernal estate, which credits and the corresponding debts should be included in the scheme of division of the common assets and debts requested here.
ix. Declare the dissolution of the community of acquests existing between the parties and liquidate the assets and debts included in the same community of acquests;
x. Dissolve any other community of property and/or other property and/or existing debt between the parties, whatever it may be, liquidate this common property and debt;
xi. Order that all the debt and common property of the parties be accumulated, including that which is derived from the community of acquests and also that which is derived from other community of property, as well as those credits and debts liquidated as requested in the eighth demand with respect to the paraphernal claims of the plaintiff against the defendant or against the community of acquests existing between the parties;
xii. Order that the same common assets and liabilities, accumulated as intended in the previous demand or otherwise as ordered by the Court, be divided into two portions as ordered and established by this Honourable Court in view, inter alia in what relates to the wealth coming from the community of acquests, the date of acquisition of several objects forming part of the same community of acquests and the date established by this Honourable Court as the date when the defendant is found guilty of the seperation which portions are to be assigned one to the defendant and the other one to the plaintiff;
xiii. Order that without prejudice to the previous demand the matrimonial home is assigned to the plaintiff who is to compensate the defendant for the financial loss suffered by him, also after considering the benefit assigned to him by virtue of these demands or otherwise to be paid by the defendant to the plaintiff in accordance with these demands or in accordance with the law;
xiv. Authorise the plaintiff to register that is file in the Public Registry the eventual judgment given by this Court.
With costs, including those incurred in the mediation procedure.
Applicant: 44, Waterlilly Court, Triq it-Tamar, Qawra
Respondent: 100, Hazel Grove Court, Apt 1, Triq Lorenzo Manchè, Ħ'Attard
The Application in the names Sharon Agius vs Agostino sive Austin Agius, Application number 216/2022AL, has been postponed for hearing to the 2nd February, 2023, at 9.15 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 215
215By means of a decree of the 6th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Mary Vella et vs Jesmond Pace, Application number 816/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Jesmond Pace 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 Mary Vella (ID 699031M), Joseph Vella (ID 209456M), Alexandra Darmanin (ID 641361M), Dolores Duca (ID 603159M) and Jacqueline Vella (ID 32263M) vs Jesmond Pace (ID 235165M) filed before the Rent Regulation Board on the 7th October, 2022, the applicants Mary Vella (ID 699031M) et requested this Honourable Board so that it:
1. Establishes whether the respondent Jesmond Pace, qualifies under Article 12B of Cap. 158 of the Laws of Malta to continue with the lease of the property that is found in Triq Brighella with number 52, Santa Venera.
2. In the event that the respondent qualifies, establish new conditions and order the revision of rent up to 2% of the value of the property after it is established the value of the property by means of the technical members of this Honourable Board;
3. In the event that the respondent does not qualify, order the eviction of the respondent within the time fixed by this Honourable Board and at the rent stipulated according to law.
With costs against the respondent and without prejudice for any other action.
Applicants: Maria Dolores Duca, 77, Duca, Triq l-Aħwa Zammit, Ħal Qormi
Respondent: Jesmond Pace, 52, Triq Brighella, Santa Venera
Housing Authority
The application in the names Mary Vella et vs Jesmond Pace, Application number 816/2022JM, has been postponed for hearing to the 2nd February, 2023, at 11.50 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Court Warrant
216By means of a decree of the 30th December, 2022, by the Rent Regulation Board, in the records of the Warrant of Eviction number 965/2022 in the names (Applicant) Carmel Cauchi et vs (respondent) Cake Master Limited the following publication was ordered for the purpose of service of the respondent company Cake Master Limited in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
By means of an application in the Rent Regulation Borg, in the names (applicants) Carmel and Jane spouses Cachia (ID 546045M and ID 528946M) vs (respondent) Cake Master Limited (C 23518) filed on the 18th July, 2022, the applicant Carmel and Jane Cachia asked this Honourable Board:
To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondent company failed to do this till this day.
Premises: 49 previously 39, Triq is-Santwarju, Ħaż-Żabbar, Malta
Judgement: by means of a judgement given by the Rent Regulation Board on the 9th March, 2015, and was confirmed in the Court of Appeal (Inferior Jurisdiction) on the 16th March, 2016.
Today18th July, 2022
Filed by Dr Lorna Mifsud Cachia and PL Josette Attard
Warrant of Eviction
Republic of Malta
To the Court Marshall
Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Josette Demicoli, LLD.
Applicants: Carmel and Jane Cachia, 110, Triq Sir William Reid, Gżira
Respondent: Cake Master Limited, 51 (Fifty Avenue) Triq is-Santwarju, Ħaż-Żabbar
Execution notification: Cake Master Limited, 51 (Fifty Avenue), Triq is-Santwarju, Ħaż-Żabbar
Eviction of the premises: 49 previously 39, Triq is-Santwarju, Ħaż-Żabbar, Malta
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 217
217By means of a decree of the 10th June, 2022, of the Rent Regulation Board, in the records of the Application in the names Amalia sive Amy Bugeja et vs Emanuel Mizzi et, Application number 162/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Emanuel Mizzi 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 Amalia sive Amy Bugeja (ID 3845M), Mark Bugeja (197068), James Bugeja (KI 125272M) and Susan Sultana (ID 249069M) vs Emanuel Mizzi (ID 22071M) and Housing Authority filed in the Rent Regulation Board, on the 18th February 2022, the applicants Amalia sive Amy Bugeja (ID 3845M), Mark Bugeja (197068), James Bugeja (ID 125272M) and Susan Sultana (ID 249069M) requested this Honourable Board to:
1. Carry out the means test of the respondent according to law and to the Rules of the Continuation Tenancies (Means Testing Criteria) (Legal Notice 463 of 2011 as emended from time to time; SL 16.11);
2. In the event that this Board finds that the respondent does not meet the criteria of the means test of income and capital, dissolve the lease in favour of the respondent of the premises 5, Triq Sofija, Bormla, and gives the respondent a short and peremptory time that is fixed by this Board and give all those other appropriate directions, including setting out the compensation to be paid to the applicants for the use of the premises until they return the vacant and free possession of the premises to the applicants;
3. In the event that this Board finds that the respondent meets the criteria of the means tests for income and capital according to law in order to remain in the lease (a) review and determine the rent to be paid in the highest amount permitted by laws and (b) establish those new conditions regarding the lease and give those other appropriate directions in terms of Article 4A of Cap. 69 according to the case;
4. Gives those all other necessary and opportune directions according to law.
Notification: 5, Triq Sofija, Bormla BML 1821
Housing Authority
The application in the names Amalia sive Amy Bugeja et vs Emanuel Mizzi et, Application number 162/2022NB, has been postponed for hearing to the 3rd February, 2023, at 9.20 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 218
218By means of a decree of the 10th November, 2022, of the Rent Regulation Board, in the records of the Application in the names Alexandra Sant Manduca pro et noe et vs Caroline Cassar, Application number 675/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Caroline Cassar 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 Alexandra Sant Manduca (ID 434465M) in her own name and as mandatory of Angela Wood with Maltese passport number 1032433; Fracesca Guglin (passport number ID MT 004189), Vanessa Jane Mary Gracy, English passport number 543419654; Amada Lair English passport 576297461; Jonathan Gilbert English passport number 521647182; Marie Therese Debono English passport number 506064809; Sarah Bugeja (ID 544776M); Martin Bugeja (ID 17580M); Roger Aubrey (ID 263239M) and Leanne Bugeja Gaupp (ID 514480M); Philip Apap Bologna (ID 259662M); Steven Apap Bologna (ID 453967M); Anthony Camilleri (ID 434930M); Peter Fiorini Lowell (ID 341165M) and Nicholas Camilleri (ID 785559M) vs Caroline Cassar filed before the Rent Regulation Board on the 12th August, 2022, the applicants Alexandra Sant Manduca (ID 434465M) in her own name and as mandatory of Angela Wood with Maltese passport number 1032433; Fracesca Guglin (passport number ID MT 004189), Vanessa Jane Mary Gracy, English passport number 543419654; Amada Lair English passport 576297461; Jonathan Gilbert English passport number 521647182; Marie Therese Debono English passport number 506064809; Sarah Bugeja (ID 544776M); Martin Bugeja (ID 17580M); Roger Aubrey (ID 263239M) and Leanne Bugeja Gaupp (ID 514480M); Philip Apap Bologna (ID 259662M); Steven Apap Bologna (ID 453967M); Anthony Camilleri (ID 434930M); Peter Fiorini Lowell (ID 341165M) and Nicholas Camilleri (ID 785559M) requested this Honourable Board so that it authorise them to regain possession of the premises 119, Triq Ħal Qormi, Marsa, at the end of the current relocation period.
With costs
Applicants: Sandra Sant Manduca pro et noe et – 17 Triq Inguanez, Imdina.
Respondent: Caroline Cassar, 119, Triq Ħal Qormi, Marsa
The application in the names Alexandra Sant Manduca pro et noe et vs Caroline Cassar, Application number 675/2022JD, has been postponed for hearing to the 6th February, 2023, at 11.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 219
219Banns for Curators
Republic of Malta
To the Court Marshall
By a decree given by the Court of Magistrates (Malta) on the 17th February, 2022, following a request by Farida El Furjani (ID 0164532A) it was ordered that Deputy Curators be selected to represent Harry Kat, absent from Malta in the acts of the Application number 23/2022LC in the names Farida El Furjani vs Deputy Curators and in other relative and subsequent acts whereby they requested:
Farida El Furjani (ID 0164532A) of The Podium, Block B, Flt 7, Triq San Mark, St Julian's, requested this Honourable Court to condemn Harry Kat absent from Malta to pay the damages liquidated by this Court for which damages Harry Kat is solely responsible, as a result of water percolation from his premises 13, The Penthouse, Block D, Triq San Mark, St Julian's, to the underlying premises of the applicant The Podium, Blk B, Flt 7, Triq San Mark, Julian's, which water percolation caused damages to the same premises and he remained in default after he was duly solicited to remedy the situation so that there will be no more damage.
You are solicited to ensure that all the remedial works are carried out under the supervision of a Court Architect, to ensure that there will not be any water percolation from your premises to the applicant's premises.
With costs against the respondent who is from now summoned so that a reference to his oath be made and reserving any other further action from damages that are still being caused everyday.
The case (Notice number 23/2022LC) is to be heard before Magistrate Dr Leonard Caruana, LLD, MA (Fin. Serv.).
Applicant: The Podium, Block B, Flt 7, Triq San Mark, St Julian's
Notification: Deputy Curators
You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within six days in this registry and files a note with a declaration that he is prepared to act as such.
You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.
After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Court.
Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Leonard Caruana, LLD, MA (Fin. Serv.), Doctor of Laws, Magistrate of the above mentioned Court.
Alexandra Debattista
For the Registrar, Courts and Tribunals
Notice 220
220Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court, on the 22nd December, 2022, following a request of Cardona Holdings Limited it was ordered that deputy curators be chosen to represent the interests of David Fenech, Jane Cantali, Emanuel Fenech, Marlene Sidoti, and Joseph Fenech, in the records of the Sworn Application 1201/2022CFS, in the names Cardona Holdings Limited vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Cardona Holdings Limited (C18853) vs Deputy Curators to represent David Fenech, Jane Cantali, Emanuel Fenech, Marlene Sidoti and Joseph Fenech as far as the applicant company know they all reside in Sydney, Australia, on the 20th December, 2022, the applicant Cardona Holdings Limited (C18853) requested with respect and Anthony Cardona (ID 406952M) confirmed on oath so that this Honourable Court:
1. Cardona Holdings Limited is declared as the owner of twenty five parts of forty two undivided share of two fields known as Sant'Andrija in Mosta and of measurements of about 5430m² which property is shown on the site plan and on the survey of land attached with this application and marked as Doc. C and Doc. D respectively.
With costs, against the respondents who are from now summoned so that a reference to their oath be made.
The sworn application number 1201/2022CFS in the names Cardona Holdings Limited vs Deputy Curators is postponed for hearing on the 21st February, 2023, at 9.15 a.m.
Applicant: 51, Level 1, The Strand, Tas-Sliema
Respondents: Deputy Curators
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of Office.
And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Christian Falzon Scerri, BA, LLD, Dip. Trib. Eccles. Melit, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 221
221Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 13th May, 2022, following a request by Francesca Carabott et it was ordered that deputy curators be appointed to represent the unknown owner owners in the acts of the schedule of deposit number 861/2022 in the names Francesca Carabott 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 10th May, 2022, in the names Francesca Carabott daughter of Spiridione and Concetta née Camilleri (ID 587955M) born on the 11th August, 1955, pensioner and widow of Joseph and residing at Apt 1, 100, Triq is-Salini, Marsaskala, and Etienne Carabott, son of Joseph and Francesca Carabott née Camilleri (ID 295879M) born on the 5th June, 1979, self employed and residing at Apt 3, 100, Triq is-Salini, Marsaskala, and Ivan Carabott, son of Joseph and Francesca Carabott (ID 421177M) born on the 27th July, 1976, self employed and residing at Apt 4, 48 Triq il-Baħħara, Marsaskala, and Joseph Carabott Limited (C3898) incorporated on the 4th January, 1978, with registration address Etvan Buildings, Triq il-Baħħara, Marsaskala, Malta ZBR 10, vs Deputy Curators to represent the unknown owners, the applicants Francesca Carabott, Etienne Carabott, Ivan Carabott and Joseph Carabott Limited (C3898) respectfully submitted:
That by means of a contract of sale Joseph Carabott for and on behalf as Director of Joseph Carabott Limited acquired the land measuring three hundred and fifty one square metres in Fgura from Joseph Mizzi, by means of a public deed dated 2nd April, 1980, in the records of Notary Dr George Cassar a copy of which is being attached and marked as Doc. A;
The applicants are declaring that they do not hold any site plan which delineates the property and they are not even in possession of a plan in terms of article 1501 sub-section (7)(d) of Cap. 16 of the Laws of Malta and this because of the lapse of time and also because this land has been developed;
The applicants are the heirs of Joseph Carabott as shown from the attached copy of the causa mortis dated 29th July, 2021, published by Notary Dr Cory Greenland, which copy is being attached and marked as Doc. B;
That the applicants are also attaching a copy of the transfer of shares of the commercial company Joseph Carabott Limited, which are marked as Doc. C, and also an updated copy of the Memorandum and Articles of the same commercial company which copy is marked as Doc. D;
That according to the contract marked Doc. A, the buyer had the obligation to pay the amount of 52c5 which is rounded to 53c of the Maltese liri as annual and perpetual groundrent to Joseph Mizzi which is equivalent in euros to €1.30;
That by means of this present the applicants are also paying the amount of €6.50;
That the amount of €1.30 capitalised at the rate of 5% in terms of Article 1501 Cap. 16 of the Laws of Malta results in the amount of €26.
Thus, the applicants whilst making reference to article 1501 of Cap. 16 of the Laws of Malta are depositing under the authority of this Honourable Court in favour of the respondent the amount of €32.50, which amount may be freely withdrawn by the said respondents after leaving the relative receipt.
Applicants: Apt 1, 100, Triq is-Salini, Marsaskala
Apt 3, 100, Triq is-Salini, Marsaskala
Apt 4, 48, Triq il-Baħħara, Marsaskala
Etvan Buildings, Triq il-Baħħara, Marsaskala ZBR 10, Malta
Respondent: Deputy Curators
Director Public Registry, Triq id-Dejqa, 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 Grazio Mercieca, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 222
222By a decree of the 19th of January, 2023 given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned to be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
That by application filed by Konrad Gatt (ID 368152M) on the 19th of October, 2022, is asking for the withdrawal of the amount of one thousand, two hundred and fifteen euro and sixty nine cent (€1,215.69) by Konrad Gatt (ID 368152M) deposited by the Schedule of Deposit number 3556/2022 in the names of:
Konrad Gatt (ID 368152M) vs Maria Maddalena known as Madlene Delia (ID 56458M)
The Court ordered the notification to the respondent with two (2) days for filing a reply.
Gaetana Aquilina
For Registrar of Courts and Civil Tribunals
Notice 223
223By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th December, 2022, Application number 2562/2022, by Vincent Cremona et whereby they requested that it be declared open in favour of Vincent Cremona and Marlene Parsons, brother and sister of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Paul Cremona, bachelor, son of the late Paul Cremona and Carmela Cremona née Debono, born in Valletta, Malta, resided in Ħamrun, Malta, and died in Ħamrun, Malta, on the 10th August, 2022, aged 70, and who held identity card number 268452M.
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
Notice 224
224By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th December, 2022, Application number 2446/2022, by Khiria sive Khiriya Franka et whereby they requested that it be declared open in favour of Saidah sive Sayidah Ahmed sive Saida Areebi, mother 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 Khiria sive Khirya Franka, Laila sive Leila Franka, Aeda sive Aida Franka and Mohammed Aziz Franka brothers and sisters of the decujus in the quota of one eighth (1/8) undivided share each one of them the succession of Kamal Franka, bachelor, son of Mohamed Franka and Saidah Ahmed sive Saida Areebi, born in Tripoli, Libya, resided in Tripoli, Libya, and died in Tripoli, Libya, on the 10th December, 2007, aged 44, and who held Libyan identity card number 214853/T.
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
Notice 225
225By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th November, 2022, Application number 2406/2022, by Mark Caruana et whereby they requested that it be declared open in favour of Mark Caruana and Keith Caruana Borg children of the decujus in the quota of one half (1/2) undivided share each one of them the succession of Peter Caruana, legally separated from Mary Rose Borg, son of the late Anthony Caruana and Mary Caruana née Farrugia, born in Tas-Sliema, Malta, resided in Birżebbuġa, Malta, and died in Ħal Luqa, Malta, on the 30th December, 2021, aged 75, and who held identity card number 1003246M.
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
Notice 226
226By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd December, 2022, Application number 2569/2022, by Magdalen Brincat et whereby they requested that it be declared open in favour of Magdalen Brincat, Josephine Phillips and Vincent Brincat children of the decujus in the quota of one third (1/3) undivided share each one of them the succession of Gabriele Brincat, widower of Spira Brincat née Bugeja, son of the late Vincenzo Brincat and Giuseppa Brincat née Pullicino, born in Ħal Balzan, Malta, resided in Ħal Balzan, Malta, and died in Ħal Luqa, Malta, on the 27th December, 2021, aged 95, and who held identity card number 0329126M.
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
Notice 227
227By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th August, 2022, Application number 1522/2022, by Maria Carmela Penza et whereby they requested that it be declared open in favour of Maria Carmela Penza, Mary Grace Farrugia, Maria Victoria Sammut u Marco Vella children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Salvatore Vella, widower of Carmela Vella, son of the late Felice Vella and Giovanna Vella née Debattista, born in Ħaż-Żabbar, Malta, resided in Ħal Luqa, Malta, and died in Ħal Luqa, Malta, on the 4th December, 2021, aged 88, and who held identity card number 522633M.
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
Notice 228
228By means of a decree of the 16th December, 2022, of the Rent Regulation Board, in the records of the Application in the names John Camilleri et vs Mario Paul Ciantar et, Application number 774/2022LC, the following publication was ordered for the purpose of effecting service on the respondents Mario Paul Ciantar and Tessie Ciantar 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 John Camilleri (ID 532562M) and Josephine Camilleri (ID 274541M) in their own name and as curators of their mother Angela Camilleri (ID 294220M) who is interdicted, Francesca Fenech (ID 400639M), Giovanni Maria sive Jimmy Camilleri (ID 1011747M) and Paul Camilleri (ID 891051M) vs Mario Paul Ciantar (ID 671656M) and Tessie Ciantar (ID 211961M) and Housing Authority as intervener in the case filed before the Rent Regulation Board on the 25th October 2022, the applicants John Camilleri (ID 532562M) and Josephine Camilleri (ID 274541M) in their own name and as curators of their mother Angela Camilleri (ID 294220M) who is interdicted, Francesca Fenech (ID 400639M), Giovanni Maria sive Jimmy Camilleri (ID 1011747M) and Paul Camilleri (ID 891051M) requested this Honourable Board so that:
1. Revise the rent of the premises that is the house number 16, in Triq Sant'Antnin (previously Triq Sant'Anna) in Mosta, rented to the respondents with the rent of €230 per year, payable every year in advance on the 20th December of each year, and to the amount that does not exceed 2% of the value of the property in the free and unencumbered open market, on the 1st January 2021 and to established new rent conditions and this in terms of Article 4A of Cap. 69 of the Laws of Malta; and
2. Subordinately and without prejudice to the first request, in case the respondents do not satisfy the criteria of income and capital of the means test in terms of law, permit the respondent to vacate from the said premises within two (2) years and this by a compensation for the occupation of the premises in favour of the applicants during this period as determined by this Honourable Board.
With costs against the respondents who are from now summoned so that a reference to their oath be made.
Applicants: Flat 1, Waratha, Triq Patri Avertan Fenech, Mosta
Respondents: 16, Triq Sant'Antnin, Mosta
Housing Authority
The application in the names John Camilleri et vs Mario Paul Ciantar et, Application number 774/2022LC, has been postponed for hearing to the 13th February, 2023, at 9.35 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 229
229DKR 44/2022 – REVOKED PERPETUAL GENERAL INTERDICTION
IT IS BEING NOTIFIED that by a decree dated 25th October, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Ian Farrugia, LLD) after an application filed by Frankie Farrugia on the 13th of October, 2022, and following judgement given by the same Court on the 13th of June, 2022, Compilation number 91/2022, in the case in the names:
The Police
versus
FRANKIE FARRUGIA, 50 years, son of Anthony Farrugia and Angela née Fenech, born in Tal-Pietà, Malta, on the 21st October, 1971, residing at number 37, Eppsillon, Triq Mons. Alfons Caruana, Mqabba, Malta, and holder of Maltese identity card bearing number 472371M.
The Court REVOKED the perpetual general interdiction order, which order shall be suspended with effect from the first (1st) of January, 2023, and remain effective until midnight of the 31st December, 2022, against the said Frankie Farrugia and this according to section 10(6) of Cap. 9 of the Laws of Malta.
This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.
Marvic Psaila
Deputy Registrar, Criminal Courts and Criminal Tribunals
Notice 230
230DKR 432/2015 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 19th December, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Doreen Clarke, LLD) following an application filed by Marisa Portelli on the 23rd August. 2021, Compilation Number 672/2015, in the case in the names:
The Police
(Inspector Shaun Paul Friggieri)
versus
JOSEPH SAMMUT, 65 years, son of the late John and Crocifissa née Abela, born in Mosta, Malta, on the 3rd July, 1957, residing at number 38, 'Casa Sammut', Triq James Smith, St Paul's Bay, Malta, and holder of Maltese identity card bearing number 0471857M.
THE COURT ACCEDED TO THE REQUEST of the applicant Marisa Portelli in the sense that it authorizes the defendant Joseph Sammut to pay the sum of €63,625.00 to the said Marisa , which sum represents half the value of the beneficiaries made in a property that was going to be transferred to Marisa Portelli and half of the deposit paid by her, and which payment was proposed in execution of a deed dated 9th December, 2020.
This variation is being published in terms of Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD) on the 18th August, 2015, and published in the Government Gazette of the 21st August, 2015, 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 Joseph Sammut.
Marvic Psaila
Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)
Notice 231
231DKR 411/2015 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 9th September, 2022, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella M. Frendo Dimech, LLD) following an application by Christopher Calleja on the 28th February, 2022, Compilation Number 712/2015, in the case in the names:
The Police
(Inspector Rennie Stivala)
versus
MALCOLM ZAMMIT
AND
CHRISTOPHER CALLEJA, 58 years, son of Vincent and Margaret née Borg, born in , Tal-Pietà, Malta, on the 24th May, 1964, residing at number 88, Flat 4, Triq il-Merkanti, Valletta, Malta, and holder of Maltese identity card bearing number 281364M.
THE COURT AUTHORISED the defendant Christopher Calleja to receive tax funds in the account withheld with Bank of Valletta plc bearing number 102132278017 which from the documentation presented appears to belong solely to the defendant. Such account shall remain affected by the freezing order against the defendant.
This variation is being published in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A (2) of Cap. 9 of the Laws of Malta following a freezing order dated 27th August, 2015, and published in the Government Gazette of the 7th September, 2015, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) 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 Malcolm Zammit and Christopher Calleja.
Marvic Psaila
Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)
Notice 232
232DKR 240/2010 – CANCELLATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that following judgement dated 4th May, 2016, given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD), Bill of Indictment number 22/2013, in the case in the names:
The Republic of Malta
versus
GODFREY GAMBIN, 46 years, son of Godfrey and Emanuela née Borg, born in Ħ'Attard, Malta, on the 10th April, 1976, residing at Tondor Court, Flat 2, Triq Ġlormu Cassar, Mosta, Malta, and holder of Maltese identity card bearing number 243176M;
And
ADEL MOHAMED BABANI, 58 years, son of Muhammed and Selma née Bin Suud, born in Libya on the 25th August, 1964, residing at Dorothy, 3, Malaguena, Triq Carmelo Schembri Mosta, Malta and holder of identity card bearing number 14840A.
THE COURT ORDERED THE CANCELLATION of the freezing order of all the assets of the said Godfrey Gambin and Adel Mohamed Babani, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Antonio Mizzi) on the 1st July, 2010, which was duly published in the Government Gazette of the 9th July, 2010.
This notice is being published according to section 22A (2)(b)(6) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta.
Marvic Psaila
Deputy Registrar, Criminal Courts and Criminal Tribunals
Notice 233
233DKR 141/2015 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 12th April, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi, LLD) following an application filed by Francis Xerri on the 5th April, 2018, in the names:
The Republic of Malta
versus
FRANCIS XERRI , 56 years, son Eucharist and Clementa née Camilleri, born in Rabat Gozo Malta on the 20th January 1962, residing at number 17, Triq Qasam Ta' Dun Anton, Xagħra, Gozo, Malta, and holder Maltese identity card bearing number 5762G.
THE COURT ACCEDED to the request of the accused Francis Xerri in the sense that its undivided share from the property which he inherited from his mother Clementa Xerri will be transferred to third parties provided that the notary who is going to publish the transfer contracts shall deposit the accused share in the Registry of this Court.
This variation is being published in terms of Section 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta, following a freezing order given by the Court of Magistrates (Gozo) as a Court of Criminal Inquiry (Magistrate Dr Paul Coppini, LLD) on the 13th February, 2015 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 Francis Xerri.
Dr John Seychell Navarro
Dip. Hlth. Science, Dip. Mgmt Stud., Dip.Not. Pub., LLB, LLD
Assistant Registrar, Criminal Courts and Criminal Tribunals
Notice 234
234DKR 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, LLD) after an application filed by Tancred Tabone on the 6th 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 née Mercieca, born in Tas-Sliema, Malta, on the 24th October, 1952, residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta, and holder Maltese identity card bearing number 793652M.
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, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 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 6th 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, LLD) 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
Notice 235
235By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 06th December 2022, in the acts of Constitutional Application number 563/2022GM, which was presented on 21st October 2022, in the names: Borg Joseph Lawyer Dr et Vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Order that the claimant be given any remedy and/or other provision necessary and considered appropriate and opportune in the circumstances. With all the legal costs against the respondents, which are now summoned so that a reference to their evidence be made.
The Constitutional Application in the names mentioned above is postponed 24th January, 2023, at 9.10 a.m.
Notification Respondent: Bugeja Anthony and Pauline, 10, Borg Flats, Flat 3 and 4, Triq Bonavita, Tas-Sliema
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 236
236By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 2nd September, 2022, Application number 1769/2022, by Sue Anne Bonnici whereby they requested that it be declared open in favour of Anthony Micallef, John Micallef and Emmanuela Aquilina, brothers and sisters of the decujus, in the quota of one fourth (1/4) undivided share each one of them and the remaining one fourth (1/4) undivided share in favour of Sue Anne Bonnici, daughter of the late Joseph Micallef the latter brother of the decujus the succession of Grace Micallef, unmarried, daughter of the late Saverio Micallef and Lorenza née Cachia, born in Ħaż-Żabbar, Malta, resided in Marsaskala, Malta, and died in Msida, Malta, on the 3rd December, 2021, aged 76, and who held identity card number 614545M.
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
Notice 237
237By a decree of the Small Claims Tribunal of the 30th June, 2022, the publication of the following extract was ordered for the purpose of service on Joseph Zammit in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Simonds Farsons Cisk plc (C113) of The Brewery, Triq l-Imdina, Zone 2, Central Business District, Birkirkara, filed a Claim on the 25th May 2022, whereby they asked the Tribunal to condemn Joseph Zammit (ID 584576M) of Ta' San Tumas, Blk 2, Flat 4, Triq il-Gandofli, Marsaskala, to pay the plaintiff company the sum of €3,653.58, which amount is due to the plaintiff company.
With costs and legal interests
The case (Claim number 160/2022DBM) is deferred on the 7th February, 2023, at 1.00 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 238
238By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th December, 2022, Application number 2601/2022, by Joe sive Joseph Grima et whereby they requested that it be declared open in favour of Joseph Grima, 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 Antonella Grima, Hosefa Falzon, Rosalie Vella, Natalie Balzan, Noel Grima and Lee Grima children of the decujus in equal shares between them the succession of Doris Grima née Fsadni, wife of Joseph Grima, daughter of the late Joseph Fsadni and Emmanuela Fsadni née Farrugia, born in Ħal Qormi, Malta, resided in Ħaż-Żebbuġ, Malta, and died in Msida, Malta, on the 4th August, 2022, aged 64, and who held identity card number 581157M.
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
Notice 239
239By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th December, 2022, Application number 2590/2022, by Philip Cutajar et whereby they requested that it be declared open in favour of Philip Cutajar, 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 Carmen Mifsud, Miriam Farrugia and Lucienne Pace children of the decujus in equal shares between them the succession of Maria Dolores sive Doris Cutajar, wife of Philip Cutajar, daughter of the late Gerard Galea and Carmela Galea née Saliba, born in Ħamrun, Malta, resided in Birżebbuġa, Malta, and died in Birżebbuġa, Malta, on the 16th January, 2022, aged 84, and who held identity card number 75038M.
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
Notice 240
240By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 29th December, 2022, Application number 2260/2022, by Ramona Portelli et whereby they requested that it be declared open in favour of Ramona Portelli and Alexia Aquilina née Portelli children of the decujus in equal shares between them the succession of Helen Portelli née Bonello, widow of Charles Portelli, daughter of the late Joseph Bonello and Maria Dolores Bonello née Buhagiar, born in Birkirkara, Malta, resided in Mosta, Malta and died in Msida, Malta, on the 15th August, 2022, aged 77, and who held identity card number 733744M.
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
Notice 241
241By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 9th January, 2023, Application number 22/2023, by Anthony sive Anton Grech whereby he requested that it be declared open in favour of Anthony sive Anton Grech and Joseph Grech children of the decujus in equal shares between them the succession of Giuseppa sive Josephine Grech, widow of Carmelo Grech, daughter of the late Giuseppe Grech and Anna née Scuereb, born in Birkirkara, Malta, resided in Tas-Sliema, Malta, and died in Msida, Malta, on the 17th June, 2022, aged 83, and who held identity card number 0701138M.
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
Notice 242
242Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 17th January, 2022, following a request by Smart Supermarket Limited it was ordered that deputy curators be chosen to represent the unknown heirs of Michel Demajo in the acts of the schedule of deposit number 2440/2021 in the names Smart Supermarket Limited vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and concurrent redemption of ground rent number 2440/2021 in the names of Smart Supermarket Limited (C7910) vs Maria Grima Baldacchino, wife of Francis Grima, daughter of Emmanuele Baldacchino and Grace Baldacchino, born in Tas-Sliema on the 23rd June, 1945, and residing in Gżira (ID 0522845M) in her own name and as heir of the sub assignée Emmanuele Baldacchino, son of the late Carmelo and Carmela née Tabone born in Cospicua and resided in Valletta, his identity card number is unknown; deputy curators to represent the unknown heirs of the original assignee Michel Demajo, son of Michele Demajo and Clara born in Floriana and resided in Tas-Sliema, his identity card number is unknown, filed in the First Hall of the Civil Court on the 23rd December, 2021, the applicant Smart Supermarket Limited (C7819) respectfully submitted:
By means of a contract of the 4th October, 2012, in the records of Notary Doctor Robert John Muscat, Smart Supermarket Limited acquired from Joseph and his wife Natalina sive Natalie Pisani the mezzanin number 67, with the name Id-Dwejra, previously without number and holding the name Marieann, in Triq il-Mitħna, Birkirkara, with its free airspace overlying the tenament number 69 property of third parties subject to the annual and perpetual subgroundrent of €10.45 previously Lm4.48c7. Copy of the deed is attached and marked as Doc. A. Site plan attached and marked as Doc. SP 1;
That by means of a contract of the 10th December 2012 in the records of Notary Doctor Robert John Muscat, Smart Supermarket Limited acquired from Alfred John and his wife Giovanna Grima the tenament with number 69, with the name Hermes, previously without number holding the name Ben Hur in Triq il-Mitħna, Birkirkara, underlying the mezzanin number 67 with the name Id-Dwejra, subject to the annual and perpetual groundrent of €10.37 previously Lm4.45. Copy of the deed is here attached and marked as Doc. B. Site plan attached and marked as Doc. SP2;
That on their part the said spouses Pisani acquired the mezzanin number 67, with the name Id-Dwejra from Alfred Desira by means of a contract of sale of the 22nd July, 1982, in the records of Notary Doctor Victor Bisazza. Copy of this act is here attached and marked as Doc. C;
That the said Alfred Desira acquired the same premises from Alfred Vella by means of contract of the 30th May, 1975, in the records of Notary Joseph Cachia. Copy of this contract is attached and marked as Doc. D;
That the said Alfred Vella acquired the said premises from Trojan Trading Company Limited by means of a contract of the 5th June, 1974, in the records of Notary George Bonello Du Puis. Copy of this contract is attached and marked as Doc. E;
That on their part the spouses Grima acquired the tenament number 68 with the name Hermes from Joseph D'Anastasi et by means of a contract of the 8th June 1989 in the records of Notary Dr Anthony Gatt. Copy of this deed is here attached and marked as Doc. F;
That Joseph D'Anastasi acquired the same from Stephen and Veronica Zarb by means of a contract of the 2nd November, 1987, in the records of Notary Dr Anthony Gatt. Copy of this act is here attached and marked as Doc. G;
That spouses Zarb acquired from George Vella by means of a contract of the 17th November, 1983, in the records of Notary Dr Tonio Spiteri. Copy of this act is here attached and marked as Doc. H;
That the said Vella acquired the said property from Alfred Maurin by means of a contract of the 18th February, 1981, in the records of Notary Dr Tonio Spiteri. Copy of this act is here attached and marked as Doc. I;
The said Maurin acquired the said property from Joseph Mifsud by means of a contract of the records of Notary Dr Joseph Scicluna of the 18th September, 1972. Copy of this act is here attached and marked as Doc. J;
That the said Mifsud acquired the said property from Alfred Bray by means of a contract of the 23rd August, 1972, in the records of Notary Dr George Bonello Du Puis whilst Bray acquired it from Julian Borg by means of a contract in the records of Notary Dr Joseph Brincat of the 11th February, 1971. Copy of this act is here attached and marked as Documents K and L.
That Julian Borg acquired the said property from Trojan Trading Company Limited by means of a contract of the 3rd January, 1969, in the records of Notary Dr George Bonello Du Puis. Copy of this act is here attached and marked as Doc. M;
That Trojan Trading Company Limited built the said tenement and overlying mezzanin above described on a divisible portion of land of 32.5square canes equivalent to 142.93m² forming part of the field called Tal-Basli which it acquired by means of perpetual sub emphyteusis from Emanuel Baldacchino by means of a contract dated 26th July, 1967, in the records of Notary Dr George Cassar and subgroundrent of 8 Maltese liri, 18 shillings and 9 pence equivalent to Lm8.93c7 equivalent to 20.82. Copy of this deed is attached and marked as Doc. N;
On his part, the said Emmanuele Baldacchino acquired the said land known as Tal-Basli in the limits of Birkirkara measuring 3460 square canes equivalent to 15,216.11m² by means of a perpetual emphyteusis from Michel Demajo in the acts of Notary George Bonello Dupuis of the 3rd December, 1959, and at the annual and perpetual groundrent of Lm425 equivalent to €989.98 per year and with the condition that Emmanuele Baldacchino has the right to redeem any amount of the groundrent with the rate of 3½%. Copy of this act is attached and marked as Doc. O;
That the annual and perpetual groundrents of €10.45 and €10.37 amount to €20.82 previously 8 Maltese liri, 18 shillings and 9 soldi, equivalent to Lm8.93,7 per year and they hold both the original groundrent and also the subgroundrent that are all paid to the respondent Maria Grima Baldacchino as heir of Emanuel Baldacchino;
The original annual and perpetual groundrent payable to the unknown heirs or the successors in title of Michel Demajo on the portion of land of about 32.5square canes equivalent to 142.93m²due is in the amount of Lm3.99 equivalent to €9.29. Thus Lm4.94c7 equivalent to €11.53 are the annual and perpetual sub-groundrent due to the heirs or their successors in title of Emmanuele Baldacchino;
That the applicant does not know who the heirs or successors in title of the original assignee Michel Demajo are;
That together with this schedule of deposit the applicant is filing an application for the nomination of deputy curators to represent the interest of the unknown heirs of the original assignee Michel Demajo;
Firstly, the applicant wishes to pay the value of 5 years groundrent and that is the amount of €46.45 to the unknown heirs of Michel Demajo and €57.65 to the respondent Maria Grima Baldacchino;
Secondly, the applicant wishes to avail itself of the option given to it in terms of Article 1501 of Cap. 16 of the Laws of Malta and redeem the annual and perpetual groundrent and subgroundrent above mentioned;
That the annual and perpetual original groundrent of €9.29 capitalised with the rate of 3.5% amounts to €265.43;
That the annual and perpetual subgroundrent of €11.53 capitalised at the rate of 5% amounts to €230.60;
Thus, the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €620.95 representing as follows:
i. €20.82 as laudemium;
ii. €104.10 as arrears of groundrent; and
iii. €496.03 as value of the relative capital.
This global amount has to be freely withdrawn after leaving the relative receipt according to law; as for:
I. €321.17 from the unknown heirs or the successors in title of the original assignee Michel Demajo; and
II. €299.78 from Maria Grima Baldacchino.
Applicant: Smart Supermarket Limited, Smart Supermarket, Triq in-Naxxar, Ħal Balzan
notification:1. Maria Grima Baldacchino, 137, La Moreneta, Triq ix-Xatt, Gżira
2. Deputy Curators
3. Director Public Registry, Valletta
4. Director of Lands, Casa Bolino, 116, Triq il-Punent, 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 Ian Spiteri Bailey, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 243
243By decree issued by the Civil Court, First Hall, on 6th December, 2022, in the acts of the Sworn Application number 1071/2022JVC, which was presented on 10th November, 2022, in the names: Zammit Trevor vs Sammut Louise Anna, 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 Eviction from premises B/64, Il-Piazzetta, Triq it-Torri, Tas-Sliema, within a short and peremptory period as requested by this Court. With all costs against the respondent who is now summoned so that a reference to her evidence be made.
The Sworn Application in the names mentioned above is postponed to 9th February, 2023, at 9.10 a.m.
Notification Respondent: Żammit Louise Anna, Suite 3, Office 6, Valley Towers, Msida Valley Road, Birkirkara
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 244
244By decree issued by the Civil Court, First Hall on 15th December, 2022, in the acts of Sworn Application number 442/2022GM, which was presented on 27th May, 2022, in the names: Xihuang Hu et Vs Chapelle Investments Ltd 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: To order the respondent companies to pay the applicant the sum of fifty-five thousand, six hundred and thirty-five euro (€55,635). With legal costs and with legal interest until the date of effective payment against the respondent who is now summoned so that a reference to their evidence be made.
The Sworn Application the names mentioned above is postponed to 31st January, 2023, at 9.30 a.m.
Notification Respondent: Chapelle Residences Ltd, The Boma, Sqaq il-Mudurbu, Mqabba
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 245
245With a decree issued by the Civil Court, First Hall, Commercial Section, on 15th December, 2022, in the acts of Sworn Application number 36/2022RGM, which was presented on 16th March, 2022, in the names: Cassar James et vs Cassar Bros Giftware Limited 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: The decree given by the Honorable Civil Court Commercial Section of 16th December, 2021, in the aforementioned names is annulled.
The Sworn Application in the names mentioned above is postponed to 31st May, 2023, at 9.30 a.m.
Notification Respondent: Cassar Adrian, Cassar Building, Flat 1, Triq il-Port Roman, St Paul's Bay
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 246
246By decree issued by the Civil Court, First Hall, on 3rd January, 2023, in the acts of the Precautionary Garnishee Order number 1369/2022, Sworn Application number 1043/2022NC, Application of Revocation number 1097/22NC which was presented on 16th November, 2022, in the names Mercieca Alex vs Weber (Developers) Ltd the following publication was ordered, pursuant to Article 187(3) et sequitur of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemns Alex Mercieca to pay to the exponent company a penalty of between one thousand, one hundred and sixty-four euro and sixty-nine cents (€1,164.69c) and six thousand, nine hundred and eighty-eight euro and twelve cent (€6,988.12c) in terms of article 836 (8) (b), (c), and (d) of Chapter 12 of the Laws of Malta. With all costs against Alex Mercieca.
Notification Respondent: Mercieca Alessandro sive Alex, 4, Anil, Triq il-Ħawt, Swieqi
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 247
247By decree issued by the Civil Court, First Hall, on 16th November 2022, in the acts of Sworn Application number 589/2022MH, which was presented on 6th July, 2022, in the names: Bisazza Carlo Dr noe vs Abdes Samad Ibnass, 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 condemn the defendant to pay the claimant the sum of thirty-five thousand euro (€35,000). With all the costs and with the legal interest against the defendant who is now summoned so that a reference to his evidence be made
The Sworn Applicationin the names mentioned above is postponed to 1st March, 2023, at 9.00 a.m.
Notification Respondent: Abdes Samad Ibnass, Palazzina Court No. 5, Triq Tal-Ibraġġ, Swieqi
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 248
248By decree issued by the Civil Court, First Hall, on 31st October, 2022, in the acts of Sworn Application number 553/2022TA, which was presented on 23rd June, 2022, in the names: Cascun Anthony sive Twanny et vs Farrugia Stefano, 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 defendant to pay the plaintiff the said sum of forty-eight thousand, nine hundred and fifty-six euro and twelve cents (€48,956.12c). With all the costs and with all the interest against the defendant who is from now summoned so that a reference to his evidence be made.
The Sworn Application in the names mentioned above is postponed to 23rd February, 2023, at 9.30 a.m.
Notification Respondent: Farrugia Stefan, 5, Connie, Triq Nicola Cottoner, Gżira
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 249
249By decree Issued by the Civil Court, First Hall, on 9th November, 2022, in the acts of Sworn Application number 656/2022JVC, which was presented on 25th July, 2022, in the names: Pace George et vs Sammut Matthew 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 and condemn the respondents or any of them to evict and leave vacant the rooms internally marked with the numbers five (5), six (6), ten (10) and seventeen (17) in the premises number eighty (80), Triq l-Isptar l-Antik, Valletta, in a short prefixed peremptory time. With all costs against the respondents or any of them who are from summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 21st February, 2023, at 9.05 a.m.
Notification Respondent: Sammut Matthew and Summit Holdings and Investment Ltd. Flat 2 Blk E. Juniper Mews Triq San Ġwann. Ħal Għargħur
Summit, Triq ix-Xwieki, Tal-Balal, Iklin
Register of the Superior Courts, today 23rd January, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.))
For the Registrar, Civil Courts and Tribunals
Notice 250
250By a decree given on the 19th January, 2023, 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 25th October, 2021, by Gemma Cauchi (ID 421248M), Application number 58/21 in the names Gemma Cauchi vs Philip Cauchi being asked that the Court orders the sale by auction of the:
The property ossia garden known as Carmel's Yard, numbered ten (10), in Vjal il-Ħelsien, Ħaż-Żebbuġ, Malta.
The said property ossia garden is the property of Philip Cauchi (ID 185649M).
Marvic Farrugia
For the Registrar, Civil Courts and Tribunals