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Court Notices published in Government Gazette No. 21,003 of 7th February 2023

Date Icon 07/02/2023

Court Warrant

331

By means of a decree of the 3rd October 2022, by the Rent Regulation Board, in the records of the Warrant of Eviction Number 1130/2021 in the names (Applicant) Carmel sive Lino Farrugia et vs (respondent) Grech's Limited the following publication was ordered for the purpose of service of the respondent company Grech's Limited 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 Rent Regulation Board, in the names (applicants) Carmel sive Lino Farrugia (ID 40256M), Alessandro sive Sandro Farrugia (ID 121657M), Joseph Farrugia (ID 51366M), Maria Gabriella sive Mariella Farrugia (ID 448758M) and Angela Incorvaja wife of Mario (ID 197561M) vs (respondent) Grech's Limited (C 1863) filed on the 26th July, 2021, the applicants Carmel sive Lino Farrugia (ID 40246M) asked this Honourable Board:

To order the issuing of a Warrant of Eviction against the respondent company (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: 154 today 147 Saint Sebastian Street, Ħal Qormi

Judgement: Carmel sive Lino Farrugia, Alessandro sive Sandro Farrugia, Joseph Farrugia, Maria Gabriella sive Mariella Farrugia and Angela Incorvaja wife of Mario vs Grech's Limited (C1863) (Sworn Application number 72/20JD) decided by the Rent Regulation Board on the 12th May, 2021, according to a copy here attached and marked as Doc. A.

Filed by Dr Rachael M. Bonello and LP Gerald Bonello

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: 33, Triq il-Kitba, Fgura FGR 2110

Respondent: 147, St Sebastian Street, Ħal Qormi

Execution: 147, St Sebastian Street, Ħal Qormi

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 332

332

By means of a decree of the 28th December, 2022, of the Rent Regulation Board, in the records of the Application in the names Mary Yvonne Cassar vs Carmen Muscat, Application number 285/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Carmen Muscat 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 Yvonne Cassar (ID 00573141G) vs Carmen Muscat (ID 0453265M) filed before the Rent Regulation Board, on the 4th April, 2022, the applicant Mary Yvonne Cassar (ID 00573141G) requested this Honourable Board to:

1.  Appoint a Technical Architect for the purpose of valuing the premises 9, Sacred Heart Promenade, Birżebbuġa, in the open and unencumbered market ;

2. Carry out the means test of the respondent, in terms of Article 12B(3)(c) of Cap. 158 and determine whether the same respondent meets the criteria for income and capital of the means test;

3. In the event that this Board finds that the respondent does not meet the criteria of the means test of income and capital:

a.  Dissolve the lease in favour of the respondent of the premises 9, Sacred Heart Promenade, Birżebbuġa,

b. give the respondent a period of time, not exceeding five years, to vacate the premises and release its vacant possession in good condition to the applicant,

c. Give all those other adequate directions, including setting out the compensation to be paid to the applicant for the use of the premises;

4.  In the event that this Board finds that the respondent meets the criteria of the means tests for income and capital:

a.  Establish the adequate rent for the aforementioned premises according to law and those other conditions which are fair in the open market of today, including the restriction on the tenant to assign or sub-let the tenement or any part of it to third parties, restricting the tenant from making structural changes to the property and that she is obliged to execute the required repairs in the same property, save for those structural repairs which are required and which are not so required because of some fault of her own,

b. Condemn the respondent to pay the rent and observe all the conditions imposed from the date of these proceedings;

5.  Saving all provisions and other declarations that it deems fit.

With costs against the respondent who is hereby summoned so that a reference to her oath be made.

respondent: Carmen Muscat, 9 Sacred Heart Promenade, Birżebbuġa

Housing Authority

The application in the names Mary Yvonne Cassar vs Carmen Muscat, Application number 285/2022NB, has been postponed for hearing to the 24th February, 2023, at 9.40 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 333

333

By means of a decree of the 29th August, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 580/2022 in the names Zammit Leasing and Investments Limited vs Concetta Militenda, the following publication was ordered for the purpose of effecting service on the respondent Concetta Militenda in terms of Article 187(3) et sequitur of Cap. 12.

In the Court of Magistrates (Malta)

To Concetta Militenda (ID 181307A) of 38, St Nicholas, Fl 3, Triq Mikiel Abela, Birżebbuġa

By the present Zammit Leasing and Investments Limited (C37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, makes reference to the bills of exchange (Doc. A) accepted by you and signed on the 13th March, 2018, for the value of €159.84 each and amounting to €1,278.72 and which amounts were due every thirteenth of each month starting from June 2021 till January 2022, thus these bills of Exchange have expired.

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

You are being solicited so that within two days from the notification to you of this judicial letter, you pay the interpellant company the amount of €1,278.72;

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

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

So much for your own guidance

With costs including those of this present

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 334

334

By means of a decree of the 20th January, 2023, in the records of the judicial letter number 4692/2022 in the names Mattia Carmelo Pulvirenti vs Josephine Calleja et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Josephine Calleja and Antoinette D'Amato in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Josephine Calleja (ID 358692M) of 24, Ariana Court, Flat 5, Triq l-Imġiebaħ, St Paul's Bay

Antoinette D'Amato (ID 267978M) of Qalb ta' Ġesù, Flat 2, Triq il-Kbira, Ħaż-Żebbuġ

Elmo Insurance Ltd

  By means of this present Mattia Carmelo Pulvirenti (ID 237841A) of Earl's Court, Block B, Flat 2, Triq Agatha Barbara, Ħaż-Żabbar, owner of the vehicle with registration number JBF-957 of type Alfa Romeo 147, whilst referring to the road accident that occurred on the 25th November, 2021, with the vehicle driven by you, Josephine Calleja and property of Antoinette D'Amato, with registration number EAP-925, where because of carelessness, lack of skill, and failure to observe traffic regulations and lack of diligence whilst driving, the interpellant suffered damages in his vehicle that you, or any one of you, has to pay for.

Although it appears that you were prepared to pay the damages suffered by the interpellant, till today you remained in default.

Apart from this, as there is indicated in the report of G4S, the driving licence of Josephine Calleja expired more than two years ago. Thus in this regard the applicant reserves the right to proceed against you and against whoever gave you the authority to drive the vehicle without licence, even throuGħ criminal procedures.

In default of your paying all the damages suffered by the interpellant, he has no alternative but to proceed further against you without further notice.

So much so that you know how to proceed and avoid usless costs.

Pay the costs of this judicial letter

With interest till the date of effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 335

335

By means of a decree of the 20th October 2022, in the records of the judicial letter number 1865/2022, in the names Lombard Bank Malta vs Charter Properties Limited et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Charter Properties Limited, Lara Investments Limited and Jeffrey Attard in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Charter Properties Limited (C69311) of 1, Lara Buildings, Office 3, Triq Ġużeppi Calleja, Iklin

Lara Investments Limited (C24441) of Lara Buildings, Triq Ġużeppi Calleja, Iklin, Malta

Jeffrey Attard (ID 428673M) of 1, Lara Buildings, Apt 3, Triq Ġużeppi Calleja, Iklin, Malta

By means of this present, Lombard Bank Malta plc of number 67, Triq ir-Repubblika, Valletta, formally refers you to the deed of loan in the records of Notary Robert Micallef dated 14th June, 2018, by means of which the interpellant Bank gave by title of loan to the interpellant company Charter Properties Limited the amount of €750,000.00, which loan is guaranteed by the other respondents in solidum between them and with the principal debtor company. Legal copy of such deed is here attached, animo ritrandi as Doc. LB1.

The interpellant Bank thus is soliciting you so that within seven days from the date of notification to you of this judicial letter, in solidum between you, you pay the total amount of €863,651.84 due by you according to the attached statement marked as Doc. LB2, which amount includes the interest calculated till the 31st March, 2022.

In default of payment in the time given to you, the interpellant Bank, whilst withdrawing document LB1 here attached, will proceed further against you according to law by means of the opportune executive procedures and without further notice.

This judicial letter is being sent to you inter alia for the purposes of Article 256(2) of Cap. 12 and is intended to render the notarial deed above mentioned executable, and thus the same contract will be rendered executive title against you, as intended, in article 253(b) of Cap. 12.

So much that you know how to proceed

With costs and further interest till the effective payment.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

03 February 2023

Notice 336

336

By means of a decree of the 4th August, 2022, of the Civil Court First Hall in the records of judicial letter number 1700/2021, in the names Housing Authority vs Stephen Spiteri, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Cap. 12.

In the First Hall of the Civil Court

To Stephen Spiteri (ID 75186M) of Blk A, Flat 6, Triq l-Għajn, Valletta

By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, refers you to the Blk A, Flat 6, Triq l-Għajn, Valletta, property administered by the interpellant.

The Housing Authority is soliciting you in terms of Article 9(a),(c)(d)(i), (iii) and subsequent articles of Cap. 573 of the Laws of Malta Government Lands Act – you vacate from Blk A, Flat 6, Triq l-Għajn, Valletta within 30 days from the notification of this judicial letter and this because:

i. You are occupying the property without a valid title at law;

ii. You continued occupying the property after the lease was terminated dated 9th March, 2010, and you were requested to return the keys by means of several letter sent to you in 2017;

iii. Without prejudice for the above, you are not using the premises in question and failed to pay at least two compensation installments that are due to the Housing Authority.

This judicial letter is being sent in terms of Article 9 and subsequent articles of Cap. 573 of the Laws of Malta – Government Lands Act.

So much so that you know how to regulate yourself

With costs and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 337

337

By means of a decree of the 9th August, 2022, given by the First Hall of the Civil Courts, in the records of the judicial letter number 5475/2021, in the names Commissioner of Revenue vs Younis Francis, ordered the following publication for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Younis Francis (664103309) of 68, Flt 1, Triq San Ġorġ, St Julian's, on the 16th December, 2021, Commissioner of Revenue of Department of Inland Revenue, Floriana, calls upon you so that within two days you pay the sum of €46,372 as for €21,167 representing the tax from the income and provisional tax for the years of assessment 2001, 2002, 2003, 2004, 2005 ,2006, 2007 and 2008 and as for €25,205 as additional tax and interest according to the Notice/Demand for Payment here attached animo ritirandi and marked as Doc. A.

As you failed to pay the amount due the interpellant notwithstanding the request for payment (see the same Doc. A above mentioned), the interpellant warns you that if you fail to pay the amount due within the time given he will proceed with the execution of the title obtained in terms of Article 40 of the Act regarding the Tax Administration.

Pay the costs of this act

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 338

338

By means of a decree of the 12th December, 2022, in the records of the judicial letter number 2763/2022 in the names Steven Zammit Cutajar vs Mohamed Ahmed Mansour Ben Naema et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Mohamed Ahmed Mansour Ben Naema and Fatma Ibrahim Ben Esmael in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To: Mohamed Ahmed Mansour Ben Neama (ID 120707A) of Ta' Ziri, Flat 5, Triq il-Parroċċa, Mosta;

Fatma Ibrahim Ben Esmael (ID 0120714A) of Ta' Ziri, Flat 5, Triq il-Parroċċa, Mosta;

Elmo Insurance Ltd

By means of this present Steven Zammit Cutajar (ID 0143483M) of The Cottage, Triq il-Qrendi, Siġġiewi, in his capacity as owner of the motorcycle with registration number SZC-183, makes reference to the car accident which occurred on the 3rd March, 2022, in Triq Ta' Zejfa in Mosta (the 'accident'), between the vehicle with registration number JIM 505 driven by the respondent Mohamed Ahmed Mansour Ben Neama (ID 120707A) and insured with the respondent company Elmo Insurance Limited (C3500) and property of the respondent Fatma Ibrahim Ben Esmael and the motorcycle with registration number SZC-183 driven by the interpellant Steven Zammit Cutajar, insured with Mapfre Middlesea plc (c5553) throuGħ the agent Melita Unipol Insurance Agency Ltd (C22256) where in the same accident damages to the motorcycle, property of, and driven by, the interpellant, and solicits you to pay the damages suffered by him because of the accident.

It results that you Mohamed Ahmed Mansour Ben Neama whilst you were driving the vehicle with registration number JIM505 of the type Suzuki Swift, you were involved in the collision with the motorcycle driven by the interpellant and because of the collision solely caused because of you, the motorcycle suffered damages in the amount of €2,335.40 according to the survey report of the same respondent company Elmo Insurance Limited.

As a result of this road accident which occurred solely because of the respondent Mohamed Ahmed Mansour Ben Neama, because of your carelessness, lack of skill, negligence and non observation of the traffic regulations, the interpellant is soliciting you or any one of you so that within five (5) days from today you come forward for the payment of damages suffered by him in the amount of €2,335.40.

If you, or any one of you, fails to pay the amount of €2,336.40 the interpellant will be constrained to proceed further against you according to law without further notice.

This judicial letter is being sent in terms of Cap. 104 of the Laws of Malta.

This letter is being sent for all the effects and purposes of law and particularly, but not limitedly in terms of Article 2153 of the Civil Code, Cap. 16 of the Laws of Malta.

With costs of this present and with legal interest from the date of notification.

So much so that you know how to regulate yourselves.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 339

339

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Courts of Magistrates (Malta) on the 16th December, 2022, on the application of the Commissioner for Revenue it was ordered that deputy curators be chosen to represent the absentee Emilia Lepore pro et noe in the acts of the judicial letter number 3167/2022 and in all other relative and subsequent acts and procedures whereby the Commissioner for Revenue demanded:

That by means of this judicial letter filed in the Courts of Magistrates (Malta) against deputy curators appointed to represent the absentee Emilia Lepore in her own name and as director for and on behalf of the company Creative Textile Design Ltd (C74443), on the 2nd December, 2022, the Commissioner for Revenue of Block 5, Triq Vincenzo Dimech, Furjana, calls upon you in terms of Article 59 of Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €6,247.78 representing the amount due by you as Value Added Tax according to the same Act.

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

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

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

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

Applicant: Block 5, Triq Vincenzo Dimech, Floriana

You are therefore ordered to post an official copy of these banns in the entrance of this Court and call upon whoever wishes to act as curator to appear within six (6) 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 everyone 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 Court 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, Civil Courts and Tribunals

03 February 2023

Notice 340

340

By a decree of the Court of Magistrates (Malta) of the 27th June, 2022, the publication of the following extract was ordered for the purpose of service on the respondents Ottavio Suda and Claude Paris in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12)

N Calleja Trading Enterprises Ltd (C16998) of 18/19, Triq Anthony Coleiro, Tal-Ħandaq, Ħal Qormi, Malta, filed a Claim on the 15th November, 2021, whereby they asked the Court to condemn Ottavio Suda (ID 12575M) of 4, Halmann Court, Flat 7, Triq Ramon Perellos, St Paul's Bay, and Claude Paris (ID 386578M) of Calm Waters, Blk B, Flat 11, Triq Dun Anton Debono, St Julian's, to pay the plaintiff company the sum of €7601.77, which amount is due to the plaintiff company.

With costs and legal interests

The case (Notice number 318/2021MLF) in the names N Calleja Trading Enterprises Ltd vs Ottavio Suda et is deferred hearing for the 22nd February, 2023, at 9.30 a.m.

Notification: Ottavio Suda (ID 12575M) of 4, Halmann Court, Flat 7, Triq Ramon Perellos, St Paul's Bay, and Claude Paris (ID 386578M) of Calm Waters, Blk B, Flat 11, Triq Dun Anton Debono, St Julian's

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 341

341

Banns for Curators

Republic of Malta

To the Court Marshall

By a decree given by the Court of Magistrates (Malta) on the 18th January, 2023, following a request by Jenny Barberi et it was ordered that Deputy Curators be selected to represent Harry Kat, absent from Malta in the acts of the Application number 205/2022LC in the names Jenny Barberi et vs deputy curators and in other relative and subsequent acts whereby they requested:

Jenny Barberi (ID 90871M) and Michael Barberi (ID 429272M) of The Podium, Block B, Maisonette 4A, Triq Ġdida fi Triq San Mark, St Julian's STJ 1291; Charmaine Amato Gauci (ID 130468M) as owner of The Podium, Block B, Flat 1, Triq Ġdida in Triq San Mark, St Julian's, STJ 1291; Anca Holdings Company Limited (C9767) as owner of The Podium, Block B, Flat 2, Triq Ġdida fi Triq San Mark, St Julian's, STJ 1291; John Calleja (ID 1041048M) as owner of The Podium, Block B, Flat 3, Triq Ġdida in Triq San Mark, St Julian's, STJ 1291; John Attard (ID 319548M) and Antonia Attard (ID 462350M) as owners of The Podium, Block B, Flat 4, Triq Ġdida in Triq San Mark, St Julian's STJ 1291, Mark Bruno Olivier (ID 0340575M) as owner of The Podium, Block B, Flat 5, Triq Ġdida in Triq San Mark, St Julian's, STJ 1291, Ian Galea (ID 530883) as owner of The Podium, Block B, Flat 6, Triq Ġdida in Triq San Mark, St Julian's STJ 1291; and Patrick Borg Cardona (ID 232669M) as owner of The Podium, Block B, Flat 8, Triq Ġdida fi Triq San Mark, St Julian's, STJ 1291, 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 applicants The Podium, Blk B, Triq San Mark, St 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. For all the intents, the list of which apartment belongs to each respective applicant is here attached and marked as Doc. A.

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 205/2022LC) 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

03 February 2023

Notice 342

342

Banns for Curators

Republic of Malta

To the Marshall of the Court.

By means of a decree given by this Court, on the 19th December, 2022, following a request of Seda Mkhitaryan it was ordered that deputy curators be chosen to represent the absentee Erno Szakalos, in the records of the Sworn Application 265/2022 JPG, in the names Seda Mkhitaryan vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed in the Civil Court (Family Section), in the names Seda Mkhitaryan (ID 0118586AM) vs Deputy Curators to represent the absentee Erno Szakalos (ID 0160246A), on the 14th December 2022, the applicant Seda Mkhitaryan (ID 0118586AM) requested this Honourable Court so that it:

1. In terms of article 2 of Cap. 189, order that the proceedings be conducted in English;

2. Pronounce the personal separation between the contenders for the reasons indicated, or which of them;

3. Declare the respondent solely responsible for the breakdown of the current marriage, for all those reasons indicated in the current application, including those and the terms of Articles 38 and 41 or which of them, and on the basis of which the personal separation between he contenders is being requested;

4. Establish the date when the same respondent must be considered to have caused the division between the contenders and apply in toto or in parte against the respondent the provisions of Articles 48, 51, 52 and 53 of Cap. 16 of the Laws of Malta;

5. Declare dissolved the community of acquests between the contenders and liquidate the same tenement account bout the assets and also the liabilities of the same community;

6. Authorise the applicant to register the eventual judgment of this Honourable Court in the Public Registry.

With costs against the respondent

Applicant: 46B, Flat 3, Triq Sant'Agata, Tas-Sliema

Notification: 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 (Family Section), 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

03 February 2023

Notice 343

343

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 21st November, 2022, Application number 2348/2022, by Maria Grima whereby she requested that it be declared open in favour of Maria Grima, sister of the decujus in the quota of one third (1/3) undivided share, in favour of Mark Petroni and Ian Petroni children of the late Gemma Petroni the latter sister of the decujus in the quota of one sixth (1/6) undivided share each one of them and in favour of Karl Stuart Jenkins and Mark Antoine Jenkins children of the late Josephine Jenkins the latter sister of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Anthony Vella, bachelor, son of Salvatore sive Saviour and Carmela née Camilleri, born in Birżebbuġa, Malta, resided in Birżebbuġa, Malta, and died in Msida, Malta on the 4th July, 2022, aged 70, and who held identity card number 0202552M.

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

03 February 2023

Notice 344

344

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th November, 2022, Application number 2237/2022, by Lucy sive Lucia Portelli et whereby they requested that it be declared open in favour of Lucy sive Lucia Portelli, Marianna Sammut, John Scerri, Joan sive Janet Galea, Paul Scerri and Carol Scerri children of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Giuseppa Scerri, widow of John Mary Scerri, daughter of the late Giovanni Borg and Consolata Borg née Agius, born in Mosta, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 6th May, 2021, aged 83, and who held identity card number 306938M.

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

03 February 2023

Notice 345

345

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th Jannar, 2023, Application number 98/2023, by Martin Gatt et whereby they requested that it be declared open in favour of Martin Gatt, Carmen Tabone, Joseph Gatt and Rita Stafrace children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of their mother Carmela Gatt née Gauci, widow of Giuseppe Gatt, daughter of the late Giuseppe Gauci and Angela Gauci née Busuttil, born in Marsa, Malta, resided in Ħamrun, Malta, and died in Msida, Malta, on the 13th November, 2022, aged 88, and who held identity card number 545334M.

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

03 February 2023

Notice 346

346

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th January, 2023, Application number 13/2023, by Rowen Aquilina et whereby they requested that it be declared open in favour of Rowen Aquilina and Jamie Aquilina, children of the decujus in equal shares between them the succession of Frank Aquilina, legally separated from Cheryl-Anne Aquilina, son of Philip Aquilina and Mary Aquilina née Mallia, born in Marsa, Malta, resided in Fgura, Malta, and died in Fgura, Malta, on the 30th August, 2022, aged 59, and who held identity card number 0431463M.

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

03 February 2023

Notice 347

347

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 4th January, 2023, Application number 9/2023, by Lorenza Pullicino et whereby they requested that it be declared open in favour of Lorenza Pullicino, wife 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 Louis and Dunstan Cliff brothers Pullicino children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Toni Pullicino, husband of Lorenza Pullicino, son of the late Wigi Pullicino and Paola Pullicino née Scicluna, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta, and died in Msida, Malta, on the 25th October, 2021, aged 71, and who held identity card number 0644450M.

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

03 February 2023

Notice 348

348

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 11th January, 2023, Application number 48/2023, by Mary Rose Mifsud whereby she requested that it be declared open in favour of Mary Rose Mifsud, wife 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 Andrew, Matthew and Timothy brothers Mifsud, children of the decujus in equal shares between them the succession of Francis Mifsud, husband of Mary Rose Mifusd, son of the late Joseph Mifsud and Emilia Mifsud née Debono, born in Ħamrun, Malta, resided in Ħal Tarxien, Malta, and died in Msida, Malta, on the 17th February, 2021, aged 77, and who held identity card number 695943M.

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

03 February 2023

Notice 349

349

By a decree of the Small Claims Tribunal of the 11th January, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Turki Ali in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 10th January 2023, whereby they asked the Tribunal to condemn Turki Ali (ID 161015A) of Santa Marija, Triq il-Poezija, Ħaż-Żebbuġ ZBG 3572, to pay the plaintiff company the sum of €2042.17, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 11/2023CL) is deferred on the 22nd February, 2023, at 1.00p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 350

350

By means of a decree given on the 28th of December, 2022, by the Civil Court (Voluntary Jurisdiction Section) in the application number 2136/22 filed on the 24th of October, 2022, by Phyllis Mary Stewart whereas she prayed this Honourable Court to declare absent and nominate a curator for the absent Thomas Michael Stewart, son of William John Stewart u Annie Christine Stewart née Downey, born in Luton, England on the 21st of July,1956 with birth certificate number FE326586, who has been absent from these islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Thomas Michael Stewart is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned

Josie Azzopardi

For the Registrar Civil Court and Tribunals

Notice 351

351

By decree given by the Civil Court, First Hall, on the 15th November, 2022, on the application of Bonnici Noe sive Noel (ID 327064M) et, Thursday, 09th March, 2023 at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The residential block named Celine Flats, which includes an underground parking, an elevated ground floor level maisonette named Celine Court, two apartments and penthouse, with its airspace, forming part of the land known as 'Ta' Taflija' sive 'Tas-Sellum' in Triq il-Wied tar-Ruman, in the limits of Mellieħa, and with a total measurement amounting to circa one hundred and eighty eight point six metre square (188.6m2). The maisonette is accessible from a separate staircase. This property was acquired by means of an act dated eleventh August of the year two thousand and eight (11.8.2008) in the acts of Notary Bartolomeo Micallef and is free and unencumebred, and is valued at eight hundred and ninety thousand euro (€890,000).

The said tenement is the property of MCCF Properties Company Limited (C41387).

N.B. The said tenement will be sold as described in the acts of judicial sales number 37/2018.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

06 February 2023

Notice 352

352

By means of a decree of the 24th October, 2022, of the Rent Regulation Board, in the records of the Application in the names Carmen Zammit et vs Newel Pantalleresco, Application number 327/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Newel Pantalleresco 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 Carmen Zammit (ID 597064M), Emanuel sive Noel Seychell (ID 335467M), Margaret Schembri (ID 560565M), Vincent Seychell (ID 301677M), Mary Grace Demicoli (ID 457963M) and Josephine Demicoli (ID 546162M) vs Newel Pantalleresco (ID 198076M) before the Rent Regulation Board, on the 12th April, 2022, the applicant Carmen Zammit, Emanuel sive Noel Seychell, Margaret Schembri, Vincent Seychell, Mary Grace Demicoli and Josephine Demicoli requested this Honourable Board to:

1. Carry out the means test of the respondent, in his capacity as the tenant, as established by the Continuation of Tenancies (Means Testing Criteria) Rules;

2. If the respondent meets the criteria of the means test for income and capital, order that the rent of the premises 45 in Triq il-Kurcifiss, Isla be revised to an amount of up to 2% per annum of the free and open market value of the premises on the 1st January during which this application is being filed and to establish new conditions regarding the rent;

3. In the event that the respondent does not meet the criteria of the means test for income and capital, grant the same tenant a period of up to two years to vacate from the premises number 45, in Triq il-Kurċifiss, Isla whilst it fixes the compensation payable for the occupation of the same premises.

4. Give those further directions that deems fit in terms of Art 4A of Cap. 69.

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

Applicant: 7, Raclis, Triq il-Kapumastru, Żejtun

Respondent: 45, Triq il-Kurċifiss, Isla

Housing Authority

The application in the names Carmen Zammit et vs Newel Pantalleresco, Application number 327/2022NB, has been postponed for hearing to the 24th February, 2023, at 10.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

03 February 2023

Notice 353

353

By decree given by the Civil Court, First Hall, on the 31st January, 2023, on the application of Bank of Valletta plc (C2833), Tuesday, 23rd May, 2023 at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta, of the following property:

Maisonette, unnumbered and named 'Joe', in Triq it-Tiġrija, Marsa, subject to annual and perpetual ground rent of three euro and forty nine cents (€3.49), with all its rights and appurtenances and vacant possession. The said maisonette is bounded on the east by property of John Camenzuli or his successors in title and on the south by property of John Bradshaw, valued at one hundred and sixty one thousand, four hundred and fifty four euro (€161,450).

The said tenement is the property of Hi-Timber Company Limited (C9022).

N.B. The said tenement will be sold as described in the acts of file number 55/14.

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

06 February 2023

Notice 354

354

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the eighteen (18th) of January of the year 2023 (Decree number 7/2023BS, following application number 121/2022BS) Rita Grech, pensioner, wife of Lawrence Grech, daughter of the late Alfred Grech u Margherita née Debrincat, born in Ta' Kerċem, Gozo, on the tenth (10th) of June of the year one thousand and thirty-two (1932), and resides in San Lawrenz, Gozo, holder of identity card number 39632G, has been confirmed interdicted from all acts of civil life.

Joseph Grech, son of Lawrence Grech and Rita née Grech, born in Ta' Kerċem, Gozo, and resides in Ta' Kerċem, Gozo, holder of identity card number 31056G, has been nominated as her curator, by virtue of a decree dated 26th of January, 2023.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

Notice 355

355

By a decree given on the 1st November, 2022, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall, on the 3rd November, 2022,  on the application of Juliette Tango Holdings Limited (C49462), Tuesday, 14th March, 2023, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

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

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

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

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

06 February 2023

Notice 356

356

Pursuant to Article 495A(3) of Cap. 16 the Registrar (Civil Courts and Tribunals) is publishing a copy of the application filed on the 16th August, 2021, in the First Hall of the Civil Court in the names George Gafa et vs Dr Josette Sultana et noe, Application Numru 817/2021GG. By means of an application in terms of Article 495A of the Civil Code, Application number 817/2021GG, fl-ismijiet George Gafa (ID 753436M) and Doris Gafa (ID 504638M); Frank Zammit (ID 756735M) and Josephine Anne sive Josianne Zammit Gugliemi (ID 690339M); Edward sive Eddie Buttigieg (ID 29151G) and Mary Rose Buttigieg (KI 41758G); Sharon Ann Vella (ID 300498M); Carmel Farrugia (ID 5151G) and Michelina sive Gina Farrugia (ID 10751G); Raymond Farrugia (ID 20259G) and Kevin Farrugia (ID 39393G) vs Advocate Dr Josette Sultana and LP Nadine Farrugia nominated deputy curators to represent the absent Harry Saint and Eva Saint on the 6th October, 2021, the applicants George Gafa (ID 753436M), Doris Gafa (ID 504638M), Frank Zammit (ID 756735M), Josephine Anne sive Josianne Zammit Gugliemi (ID 690339M), Edward sive Eddie Buttigieg (ID 29151G), Mary Rose Buttigieg (ID 41758G), Sharon Ann Vella (ID 300498M), Carmel Farrugia (ID 5151G), Michelina sive Gina Farrugia (ID 10751G), Raymond Farrugia (ID 20259G), Kevin Farrugia (ID 39393G) and the said Raymond Farrugia confirms under oath while declaring that he knows the facts personally requested with respect:

1. That this application relates to the following property: an undivided part of the roof and the overlying airspace without limit in height, usque ad coelum, having an overall surface area of approximately one hundred and seventy-five square meters (175mk) of the 'Block' without a number called 'Gordon Flats' in Triq San Lwiġi corner with Triq l-Iskola, Msida. The block as well as the roof and the relative airspace of which the property for sale forms part borders east with Triq San Lwigi, south with Triq l-Iskola and north with George Gafa's property or of the successors in title as shown in red on the plan here attached and marked document A;

2. That this property is undivided between all the plaintiffs, excluding Kevin Farrugia, and has been so undivided between the applicants and/or the predecessors in title from the end of the seventies and thus they have kept this property in common for more than three years and no one of the owners had take any action before any court or tribunal for the division of this property;

3. That by virtue of an agreement signed on the thirteenth (13) of January two thousand and twenty (2020), the plaintiffs Frank Zammit and his wife Josephine Anne sive Josianne Zammit Gugliemi obliged themselves to sell their share of this property above mentioned, and transfer one seventh (1/7) undivided share to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole. This convention was extended on the twenty-third (23) of April of the year two thousand and twenty-one (2021) until the thirty-first of January two thousand and twenty-two (2022);

4. That by virtue of an agreement signed on the twenty-fifth (25) of January two thousand and twenty (2020), the plaintiffs Carmel Farrugia and his wife Michelina sive Gina Farrugia undertook to sell their share of this property above mentioned, and transfer one seventh (1/7) undivided share to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole. This promise of sale was extended on the twenty-third (23) of April of the year two thousand and twenty-one (2021) until the thirty-first of January two thousand and twenty-two (2022);

5. That by virtue of an agreement signed on the twenty-fifth (25) of January two thousand and twenty (2020), the plaintiffs Sharon Ann Vella has committed herself to sell her share of the aforementioned property, and transfer one seventh (1/7) undivided share to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole. This promise of sale was extended on the twenty-third (23) of April of the year two thousand and twenty-one (2021) until the thirty-first of January two thousand and twenty-two (2022);

6. That by virtue of an agreement signed on the fifth (5) of January two thousand and twenty one (2021), the plaintiffs Edward sive Eddie Buttigieg and his wife Mary Rose Buttigieg have committed themselves to sell their share of this property above mentioned, and transfer one seventh (1/7) undivided share to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole;

7. That by virtue of an agreement signed on the first (1st) of April two thousand and twenty one (2021), the plaintiffs George Gafa and his wife Doris Gafa have committed themselves to sell their share of the aforementioned property , and transfer one seventh (1/7) undivided share to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole;

8. That by virtue of an agreement signed on the fourteenth (14th) of May two thousand and twenty one (2021), the plaintiff Raymond Farrugia obliged himself to sell a part of this property mentioned above, and transfer a share of one seventh (1/7) undivided to the other plaintiff Kevin Farrugia at a price calculated with a value of one hundred and forty thousand euro (€140,000) for the whole;

9. These agreements have been duly registered with the Internal Revenue Commissioner, that between Kevin Farrugia and Zammit Frank and Josephine Anne sive Josianne Zammit Gugliemi with the number PS202000663, that between Kevin Farrugia and Carmel Farrugia and Michelina sive Gina with number PS202001334, that between Kevin Farrugia and Sharon Ann Vella with number PS202001337, that between Kevin Farrugia and Edward sive Eddie Buttigieg and Mary Rose Buttigieg with number PS202100759, that between Kevin Farrugia and George Gafa and Doris Gafa with number PS202106068 and that between Kevin Farrugia and Raymond Farrugia with number PS202126243;

10. That therefore, the plaintiff Kevin Farrugia has in his favour a promise of sale of six out of seven (6/7) undivided shares;

11. That the respondents Harry Saint and Eva Saint are owners between them of one-seventh (1/7) share of the property described above;

12. That the plaintiffs believe that the price agreed between all the plaintiffs is an advantageous one considering the size of the property, and the fact that it is airspace and not built, and although it qualifies for the issuance of a permit of building on it for an additional floor, at present this permit is still in its initial stage, as well as the location in which it is located, and all the circumstances related to these properties and this as it results from the affidavit of the Architect here attached as Document B who prepared a valuation;

13. That the consent of the respondents Harry Saint and Eva Saint could not be obtained solely because the plaintiffs have no means of contacting them;

14. That all the plaintiffs apart from the said Kevin Farrugia want to benefit from the faculty granted to them by virtue of article 495A of the Civil Code and request that the respondents also sell their share of this property on the same terms and conditions agreed in the agreements signed by them with the same Kevin Farrugia.

Therefore, the plaintiffs respectfully request that the Honourable Court pleases it, prior to the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of the Cap. 16:

1) Declare that the price as well as the conditions proposed for the sale of the share of all the plaintiffs except Kevin Farrugia from the property described above to the same Kevin Farrugia is fair and appropriate and that the same price and conditions must apply to the sale that is being sought by the plaintiffs from the respondent in connection with the property detailed above;

2) Approve the proposed sale, and order the publication of the deed of sale also for what relates to the quota payable to the respondents on a day, time and place to be set and appoint the Notary Doctor Kristen Dimech in order to publish the deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

Applicants: George Gafa, Doris Gafa, Frank Zammit, Josephine Anne sive Josianne Zammit Gugliemi, Edward sive Eddie Buttigieg, Mary Rose Buttigieg, Sharon Ann Vella, Carmel Farrugia, Michelina sive Gina Farrugia, Raymond Farrugia, Kevin Farrugia one notification, Sweet Lord, Triq Sir Paul Boffa, Victoria, Gozo

Notification: Dr Josette Sultana and LP Nadine Farrugia for the absent Harry Saint and Eva Saint

The application in the names George Gafa et vs Dr Josette Sultana et noe, Application number 817/2021GG, is postponed for hearing for the 2nd May, 2023, at 10.45 a.m.

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

For the Registrar, Civil Courts and Tribunals

06 February 2023

Notice 357

357

By decree given by the Civil Court, First Hall on the 31st January, 2023, after the application of Xuereb Installations Limited (C 15321), Thursday, 25th May, 2023, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Field known as 'Ta' Buqana', in the limits of Ta' Qali, limits of Rabat, Malta, which consists of an agricultural land with direct access from a public street and measuring about 3076.96 square metres, bounded on the west by Rabat Road, south by property of Ganni Fenech or his successors in title, east by property of unknown third parties, with all the structures built on it including the borehole, as better described in the contract dated 23rd May, 2011, in the acts of Notary Maria Spiteri and valued at two hundred and twenty five thousand euro (€225,000).

The field known as Tal-Palma, limits of Mġarr, Malta, forming part of a larger field, which consists of an agricultural land with direct access from a public street, and measuring about 440.7 square metre, bounded on the East by the street, North in part by property of Manuel Galea or his successors in title and in part by a country road, and South by property of said Galea, as described in the contract dated 15th December, 2011, in the acts of Notary Maria Spiteri and is valued at fifty five thousand euro (€55,000).

The said tenement is the property of Sun Island Nurseries Limited (C45327).

N.B. The said tenement will be sold as described in the acts of judicial sales number 28/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

06 February 2023