Court Notices published in Government Gazette No. 20,019 of 10th March 2023

It is hereby notified that by virtue of a decree given on 6th February, 2023, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of the judicial letter number 612/2019 in names 'Automated Revenue Management Services Limited (C46054) versus Raymond Buhagiar' the publication reproduced below of the same judicial letter was ordered and this in order to serve as notification with regard to the respondent Raymond Buhagiar, holder of identity card number 134256M, of Rima Court, Flat 3, Triq in-Naħla, Żebbuġ, Gozo, and this in terms of article 187(3) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Letter number 612/2019

To Raymond Buhagiar (ID134256M), Rima Court, Flat 3,Triq in-Naħla, Żebbuġ, Gozo

By this present, the company Automated Revenue Management Services Ltd (C46054), of 'Gattard House', Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta pIc and the Water Services Corporation, is notifying you with the attached sworn declaration, marked as Document 'A', for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and is asking you to pay the sum of thirty thousand, nine hundred, fifty-nine euro and twenty-one cents (€30,959.21), which amount is certain, liquid and due and represents the balance due for the consumption of water and electricity, rent of a meter of the water and electricity, administrative costs, connection and disconnection fees and/or any other payment according to the regulations on the supply of electricity, or the regulations on the supply of water, together with interest due on the amount according to the law related to the accounts of the useful services with the number 101000045962 namely regarding the premises at the address 17, Raymen House, Triq is-Siġġiewi, Ħaż-Żebbuġ.

Despite several demands from the sender for the payment of the amount due, up to the day of the presentation of this letter, you failed to pay. Furthermore, there is no valid reason for this default and you have never contested the amount due.

This act is being sent to you for all the purposes and effects of the law, and in the absence of payment or opposition on your part in the terms of said Article 466 of Cap. 12 of the Laws of Malta, the sender will proceed to execute this credit according to the Law.

With costs

Advocate Noel Bezzina, LLD, BA, LP, Gattard House, National Street, Blata l-Bajda

Document 'A'

Sworn declaration in terms of Article 466 of the Cap. 12 of the laws of Malta.

I, Reuben Bonnici duly authorised, holder of identity card number 448471M, in representation of company Automated Revenue Management Services Limited (C46054) ('ARMS') in its own name and for and on behalf of Enemalta plc and the Water Services Corporation, and which entity is authorised to operate meter reading services, for maintaining accounts and for the collection of accounts and ancillary functions for water and electricity services, to Enemalta plc and the Water Services Corporation, I state and confirm under oath that:

Raymond Buhagiar, holder of identity card 134256M, is a debtor of the company ARMS in the amount of thirty thousand, nine hundred, fifty nine euro and twenty-one cents (€30,959.21), which amount is certain, liquid and due and represents balance due for water and electricity consumption, water and electricity meter rent, administrative costs, connection and disconnection fees and/or any other payment according to the regulations on the supply of electricity, or the regulations on water supply, together with interest due on the amount according to the law related to utility bills with number 101000045962, namely regarding the property at the address 17, Raymen House, Triq is-Siġġiewi, Ħaż-Żebbuġ.

To this day the above mentioned debtor failed to pay the amount after several demands for payment from the company ARMS, and this without no valid reason and despite the fact he never contested or opposed the metering, the calculation or the amount due, this in terms of the proviso of article 466(1)

(signed) Reuben Bonnici (ID 448471M) in representation of company Automated Revenue Management Services Ltd

Courts of Justice

Signed and sworn to before me, today 2nd October, 2019

(signed) Karen Falzon, Deputy Registrar

Margaret De Battista

Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)

By means of a decree of the 17th January 2023 of the Civil Court (Family Section), in the records of the sworn application in the names Donatella Parnis vs Johann Parnis, Application number 245/2022AL, the following publication was ordered for the purpose of effecting service on the respondent Johann Parnis in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of a sworn application in the names Donatella Parnis (ID 0368773M) vs Johann Parnis (ID 0061874M), filed in the Civil Court (Family Section), on the 4th November, 2022, the applicant Donatella Parnis (ID 0368773M) on oath requested this Honourable Court to:

1. To Pronounce the personal separation between the parties for the reasons imputable to the respondent and/or because the marriage is irrevocably broken;

2. Liquidate adequate alimony for their children, and this according to law, taking into account the means and conditions of the parties, as well as the conditions defined in article 54(2) of Cap. 16 of the Laws of Malta and orders the respondent to pay the xxxxx thus established in all appropriate ways including raising it periodically with an increase that should make up for the cost of living as provided in article 54(4) of Cap. 16 of the Laws of Malta;

3. Without prejudice to the previous request, this Honourable Court will instead liquidate the periodic alimentary allowance for the applicant in toto or in parte, in case it results that this is not possible for the respondent, it will order that the share due to him from the communion of acquets is assigned to the plaintiff as payment of what is representative of maintenance by applying the provisions of article 54(5), (6), (7) and (8) of Cap. 16 of the Laws of Malta;

4. The effects of the provisions of Articles 48, 51 and 63 of Cap. 16 of the Laws of Malta are applied against the respondent in toto or in parte;

5. Declare the joint acquisitions existing between the parties dissolved and order that the same objects forming part of the joint acquistions be divided into two portions to be assigned one to the plaintiff and the other to the respondent and this occurs with the work of nominated architects to liquidate these aid community of acquests;

6. Nominate a notary public to publish the relative act and deputy curators to represent the eventual xxx;

7. Authorise the plaintiff to revert to her maiden surname Caruana;

8. Authorise the plaintiff to register the eventual judgement in the Public Registry for all effects and purposes of law.

With costs including those of all the procedures incurred before this Honourable Court against the respondent who is from now summoned so that a reference to his oath be made.

Applicant: Flat 8, Stanbridge Court, High Street, Tas-Sliema

Notification: Flat 6, Stanbridge Court, High Street, Tas-Sliema

The Application in the names Donatella Parnis vs Johann Parnis, Application number 245/2022AL, has been postponed for hearing to the 16th March, 2023, at 9.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction, on the second (2nd) of February of the year, 2023 (Decree number: 23/2023BS following Application number 147/2022(BS) Rosa Mifsud, spinster, daughter of the late Salvu Mifsud and Carmela née Xuereb, born in Nadur, Gozo, and resides in Nadur, Gozo, holder of identity card number 5740G, has been confirmed interdicted from all acts of civil life.

Carmen Debono, wife of Andrew Debono, daughter of the late Joseph Attard and Rita née Borg, born in Victoria, Gozo, and resides in Nadur, Gozo, holder of identity card number 3482G, has been nominated as her curator, by virtue of the said decree.

Daniel Sacco

For the Registrar, Gozo Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 7th February, 2023, in the acts of Sworn Application number 358/2022JVC, which was presented on 27th April, 2022, in the names Mace Developments Ltd vs Zarb Anthony, 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: Liquidate the amount of compensation due to the plaintiff for the abusive occupation of the land in question by the respondent, and order the respondent to pay the plaintiff the compensation thus liquidated. With all the costs against the respondent who is now summoned so that a reference to his evidence be made.

The Sworn Application the names mentioned above is postponed to 4th May, 2023, at 9.15 a.m.

Notification Respondent: Zarb Anthony, Hatamara, Triq id-Daħla ta' San Tumas, Marsaskala

Register of the Superior Courts, today 7th March, 2023

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

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on 30th January, 2023, in the acts of Sworn Application number 378/2022GM, which was presented on 4th May, 2022, in the names HSBC Bank Malta plc vs Cuschieri Janet, 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: Authorise the applicant company to proceed to the execution of the same executive title.

Notification Respondent: Cuschieri Janet. Liliana Apts, Blk A, Flat 8, Triq Gulju, St Paul's Bay

Register of the Superior Courts, today 7th March, 2023

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

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall   

Whereas Mr Godfrey Mc Lean has filed a sworn application demanding correction of the registration of his birth.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the above-mentioned Registry within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note,shall be notified, by the service of a copy of the said sworn application, of the day which will be appointed for the hearing of the cause

By order of the Court, today 7th March, 2023

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

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A (3) of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

In the Court of Magistrates (Gozo), Superior Jurisdiction,

General Section         

Application in terms of Article 495A of the Civil Code

Application number 134/2022 (SG)

In names:

Philip Sive Pino Bonnici of Sweet Lord, Triq l-Arċipriet Dun Ġużepp Grech, Xewkija, Gozo, and holder of identity card number 75230G;

Josephine Cefai of Mater Dei, Triq l-Imġarr, Xewkija, Gozo, and holder of identity card number 35761G;

Marcel Bonnici of 19, Triq in-Naġġara, Xewkija, Gozo, and holder of identity card number 12666G;

Theodora Sive Doreen Axiak of Ave Maria, Triq San Żakkarija, Xewkija, Gozo, and holder of identity card number 12566G;

Anna Maria Cassar of Evergreen, Triq San Bert, Xewkija, Gozo, and holder of identity card number 57962G;

And for any interest they may have:

Kenneth Bonello, of 78, Girgentina, Triq il- Mejjila, Ħal Qormi, Malta, and holder of identity card number 167674M;

Denise Bonello, of 78, Girgentina, Triq il- Mejjila, Ħal Qormi, Malta, and holder of identity card number 437178M

vs

Frank Bonnici, of Blue Marlyn, Flat 3, Dawret il-Gżejjer, St Paul's Bay, Malta, and holder of identity card number 16946G;

Esther Formosa, of Block 6, 20, Triq tal-Ħamrija, Xewkija, Gozo, and holder of identity card number 9057G;

Salvina Xiberras , of Holy Mary, Triq il-Kbira, Ta' Sannat, Gozo, and holder of identity card number 75551G;

Josephine Spiteri , of Vox Clamantis, Triq Tarsu, Munxar, Gozo, and holder of identity card number 69750G;

Emanuel Bonnici, of Girraween, Triq il-Ġnien, Għajnsielem, Gozo, and holder of identity card number 76448G

and

Frank Bonnici, who, by virtue of decree dated the 6th February, 2023, has been appointed as Deputy curator to represent the absent Michael Bonnici, holder of the Maltese passport card number 1076810, and John Bonnici, holder of Australian passport number N8404934;

Esther Formosa, who, by virtue of decree dated the 6th February, 2023, has been appoined as deputy curator to represent the absent Mary Attard, holder of Australian passport number PA7365430.

Application of all the plaintiffs, and namely: (i) Philip sive Pino Bonnici; (ii) Josephine Cefai; (iii) Marcel Bonnici; (iv) Theodora sive Doreen Axiak; (v) Anna Maria Cassar; and for any interest they may have (vi) Kenneth Bonello and (vii) Denise Bonello:

They respectfully state and declare the following:

1. That this application relates to the following property, namely: The premises with the number sixty-four (64), and without name (it has no official number but is known by the number one (1) and other times by the number thirty-four (34) in Triq Sant'Indrija, Xewkija, Gozo, which property is bounded on the north by Triq Sant'Indrija, Xewkija, Gozo, west by property of Katerina Grima (or successors in title), and on the east by property of Evangelista Cassar (or successors in title) or more correct boundaries, which property is better indicated on the attached plan, which is marked as Doc. 'A'.

2. That Paolo sive Paul Bonnici, was born on the fifteenth (15th) of March of the year one thousand nine hundred and four (1904). The same Paolo Bonnici had married his first wife Giuseppea Bonnici née Bugeja on the third (3rd) of August of the year one thousand nine hundred and two (1902), a copy of the marriage certificate is attached herewith and marked as Doc. 'B';

3. That on the twenty-eighth (28th) of June of the year one thousand nine hundred and thirty-seven (1937), the same Paolo sive Paul Bonnici, through a contract of anticresis drawn up in the acts of Notary Dr. Francesco Refalo acquired the property merit of this case. That a true copy of the same deed is herewith attached and marked as Doc. 'C';

4. That eventually, through notice number forty-four (44) published in the Government Gazette, published on the twenty-first (21st) of January of the year one thousand nine hundred and forty-three (1943), the same street where the property is located was changed from 'Strada S. Andrea', to Triq Sant'Andrija'. A copy of the same notice is herewith attached and marked as Doc. 'D';

5. That therefore the same contract of antichresis was made when the same Paolo sive Paul Bonnici was married to his first wife Giuseppea Bonnici née Bugeja and that therefore from this contract it results that the applicant (with the exception of Kenneth and Denise spouses Bonello) have between them and are owners of quotas that form the majority from this premises;

6. That the same Giuseppa Bonnici née Bugeja died on the twenty-eighth (28th) of September of the year one thousand nine hundred and forty-one (1941). A copy of the death certificate is attached hereto and marked as Doc. 'E';

7. That from the marriage of Paolo sive Paul Bonnici and Giuseppea Bonnici née Bugeja, they had two sons and the former Philip Bonnici and the late Joseph Bonnici;

8. That Paolo sive Paul Bonnici remarried on the ninth (9th) of October of the year one thousand nine hundred and forty-three (1943) to Dolores sive Maria Dolores Bonnici née Apap. A copy of the marriage certificate is attached and marked as Doc. 'F';

9. That in his second marriage Paolo sive Paul Bonnici, through a contract of exchange, dated the thirty-first (31st) of January of the year one thousand nine hundred and forty-six (1946), drawn up in the acts of the Notary Dr. Giovanni Calleja Schembri, acquired the share of an undivided quarter (1/4) of the property merit of this suit;

10. That from his second marriage Paolo sive Paul Bonnici, he had eight (8) children, who are all the respondents;

11. That Paolo sive Paul Bonnici died on the sixteenth (16th) of June of the year one thousand nine hundred and eighty-two (1982). A copy of his death certificate is attached and marked as Doc. 'G';

12. That Paolo sive Paul Bonnici regulated his inheritance and succession through a will drawn up in the acts of the Notary Dr. Joseph Cauchi and dated eleven (11) May of the year one thousand nine hundred and seventy seven (1977). A copy of his last will and testament is herewith attached and marked as Doc. 'H', whereby he nominated all his children as his universal heirs and this in equal quotas between them;

13. That Dolores sive Maria Dolores Bonnici née Apap, died on the eighteenth (18th) of September of the year two thousand and seventeen (2017);

14. That Dolores sive Maria Dolores Bonnici nee Apap, regulated her inheritance and succession by virtue of two (2) wills, the first one in the acts of the Notary Dr Giuseppe Cauchi of the eleventh (11th) of May of the year one thousand nine hundred and seventy-seven (1977) and the second one in the acts of the Notary Joanne Cauchi of the third (3rd) of May of the year two thousand and seven (2007) through which, among other depositions, nominated and instituted as universal heirs of all her movable and immovable property, present and future her eight children in equal and undivided shares between them;

15. That the late Joseph Bonnici, died on the twenty-fourth (24th) of December of the year two thousand and fifteen (2015). A copy of his death certificate is attached and marked as Doc. 'I'.

16. That Joseph Bonnici was married to Anastasia Bonnici, and that they had four (4) children, namely Josephine Cefai, Theodora sive Doreen Axiak, Marcello sive Marcel Bonnici and Anna Maria Cassar;

17. That Joseph Bonnici, regulated his inheritance and succession by virtue of two wills drawn up in the acts of the Notary Dr. Michael Refalo, and dated the thirty-first (31st) of August of the year one thousand nine hundred and eighty-four (1984) and of the fourth of March of the year one thousand nine hundred and eighty-five (1985) by virtue of which he nominated his wife as usufructuary and nominated his children as his universal heirs;

18. That for all intents and purposes the family tree listing the aforementioned persons is herewith attached and marked as Doc. 'J';

19. That the contract of anticresis dated twenty eight (28th) of June of the year one thousand nine hundred and thirty-seven (1937) was officially enrolled in the Public Registry of Gozo, with the number of inscription GI 1373/2022, and this is in terms of Article 1987 of the Civil Code. A copy of the same enrolment is herewith attached and marked as Doc. 'K';

20. That this same property has been held in common for more than three (3) years;

21. That none of the owners / co-owners has taken any action and/or there is any action pending before any Court or other tribunal for the partition of the property de quo which is being held in common;

22. That the applicants Kenneth and Denise spouses Bonello promised to buy the property merit of this suit, while the rest of the applicants bound themselves to sell and transfer their share of the property provided that the same Kenneth and Denise spouses Bonello manage to acquire the other undivided shares from the same immovable;

23. That by virtue of an promise of sale agreement signed and dated the third (3rd)  January of the year two thousand and twenty-two (2022), all applicants except Kenneth and Denise spouses Bonello have obliged themselves to sell their share of the property described above to the applicants Kenneth and Denise spouses Bonello with a calculated price of two hundred and ten thousand euro (€210,000), for the entire property. That a copy of the promise of sale agreement is attached hereto and marked as Doc. 'L';

24. This promise of sale agreement has been duly registered with the Commissioner of Inland Revenue with the reference PS202200503, a copy of the same receipt is attached here as Doc. 'M';

25. The same promise of sale agreement was subsequently renewed, whereby the validity of the same promise of sale agreement was extended until the thirtieth (30th) of June of the year two thousand and twenty-three (2023). A copy of the receipt released by the Commissioner of Inland Revenue regarding the extension, which is herewith attached and marked as Doc. 'N';

26. That therefore only the respondents who did not adhere to this promise of sale agreement remain. That the respondents collectively have the quota/share of two out of five undivided parts (2/5) of the property;

27. That even though a series of attempts were made by the applicants or by any of them for the respondents to adhere to this promise of sale agreement, the respondents continued to refuse to do so;

28. That the applicants believe that the price, terms and conditions agreed in the promise of sale agreement between the applicants is an advantageous one considering the size of the property, the area where these same properties are located, and all the circumstances related to these and this as evidenced from two architects' reports, one sworn and released by the Architect Leonard Spiteri herewith attached and marked as Doc. 'O' and another released by the Architect Teddie Busuttil herewith attached and marked as Doc. 'P ';

29. That some of the respondents live abroad, but the applicants as far as they know are the same respondents who live abroad have appointed a number of representatives to represent them, in these islands, and this through various powers of attorney attached hereto and marked as Doc. 'Q', 'R' and 'S'. That the same power of attorney/s have been presented by the same respondents in proceedings instituted by them, Sworn Application number 59/2022(BS);

30. That for all the purposes and terms of article 495A(2) of the Civil Code, the applicants are attaching:

i. Their (sworn) declaration that they agree to proceed with this sale in the terms of the said promise of sale agreement, herewith attached as Doc. 'T', and

ii. A (sworn) tabulation showing the number and value of the shares held by each of them, herewith attached as Doc. 'U';

31. That a sale of the aforementioned property is beneficial for each co-owner of the same property and none of the owners is going to be prejudiced by its sale;

32. That the applicants should not pay the costs of these proceedings which could easily have been avoided if the respondents had cooperated;

33. That the applicants all know about these facts personally;

34. That therefore this application had to be made.

Accordingly, the applicants respectfully request that this Honorable Court be pleased to:

1. Declare that it is satisfied that the dissident co-owners will not be seriously prejudiced by this sale;

2. Declare that the price as well as the proposed terms and conditions of the promise of sale agreement dated third (3rd) January of the year two thousand and twenty two (2022), for the sale of the property with official number sixty-four (64), and unnamed in Triq Sant'Indrija, Xewkija, Gozo, which property is bounded on the north by Triq Sant'Indrija, Xewkija, Gozo, west by property of Katerina Grima (or successors in title), and on the east by property of Evangelista Cassar (or successors in title) or more correct boundaries, which is fair and appropriate and that the same price and conditions should apply to the sale pertaining to the respondents from this same property;

3. Approve the proposed sale, and order the publication of the deed of sale, on a day, time and place to be fixed;

4. Appoint Notary Dr Anna Marie Mizzi to publish the opportune deed of sale, with the intervention of a deputy curator/s to represent the eventual defaulters on that deed;

5. Gives any order and directive it deem appropriate and opportune.

With all costs against the respondent/s.

Adv. Jonathan Mintoff          

Adv. Paola Cefai

This sworn application is scheduled for hearing for Thursday, 20th April, 2023, at 10.45 a.m. at the Gozo Court building, Catidral Square, Victoria, Gozo.

Silvio Xerri

Deputy Registrar, for the Registrar, Courts and Tribunals (Gozo)

It is hereby notified that by virtue of a decree given on the 2nd of March, 2023, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Mark Cauchi Bellotti of 59C, Triq Marsalforn, Xagħra, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta.

Gasan Mamo Insurance Limited (C5030), together with its agent Thomas Smith Insurance Agency Limited (C5637), Wesgħet il-Vittmi tal-Gwerra, Ħal Luqa, together with their insured Maria Concetta Gough, 2, Duplex Suite, Triq il Lampara, Baħar iċ-Ċagħaq, Malta,  presented a Notice of Claim in the Small Claims Tribunal (Gozo), Claim number 28/2022 in the names 'Gasan Mamo Insurance Limited et vs Mark Cauchi Bellotti', on 5th December, 2022, where she asked the Tribunal to sentence the defendant Mark Cauchi Bellotti to pay the sum of €850 plus the relative interests with effect from 25th October, 2022, which sum represents damages suffered by the applicant as a consequence of the occasion that occurred on 2nd April, 2022, in Triq il-Lampara, Baħar iċ-Ċagħaq, when the respondent voluntarily caused damage to the vehicle HBR475 owned by Gough and insured with the other sender.

With the judicial costs including those of the official letter number 658/2022 of 25th October, 2022, already dispatched by the plaintiffs to the same respondent, and of the interpellation letters of 8th August, 2022, and 12th September, 2022, respectively and the letter sent to the Police Commissioner on 22nd May, 2022, and to the Data Protection Commissioner on 24th May, 2022.

The hearing of this case is being deferred for the 13th April, 2023, at 12.00 p.m.

Rebekah Mizzi

Deputy Registrar

It is hereby notified that by a decree given in Court on the 25th of November, 2022, issued by the Court of Magistrates (Gozo), Superior Jurisdiction, in the records of application number 40/2022BS in the names 'Cauchi Carmelo et vs Debono Rita' filed in the Registerof the same Court on 25th March, 2022, the publication of the extract reproducedbelow was ordered in order to serve as service against the respondent Rita Debono (ID 26263G) of 2, Valley Road, Mellieħa, Malta andthis in terms of article 187 (3) of Cap. 12 of the Laws of Malta.

Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Whosoever is in receipt of this sworn application in his regard shall file a swornreply within twenty (20) days from the date of service thereof, which is the date ofreceipt. Should no written sworn reply be filed interms of the law within theprescribed time, the Court shall proceed to adjudicate the matter according tolaw.

It is for this reason in the interest of whosoever receives this sworn application toconsult an advocatewithout delay that he may make his submissions during thehearing of the case

Carmelo Cauchi (ID 26132G), Leonarda Cauchi (ID 27337G), Miriam wife of Francis Pisani (ID No: 28660G), Lawrence Cauchi (ID 45251G), Anthony Cauchi (ID 46764G) and Raymond Cauchi (ID 19166G)

vs

Rita Debono (ID 26263G)

Sworn application of the plaintiffs above mentioned.

They solemnly declare and Anthony Cauchi (ID card number 46764G) confirms on oath the following:

Whereas by means of a sworn application submitted before the Court of Magistrates (Gozo) Superior Jurisdiction General Section in the names 'Rita Debono vs Joseph Cauchi' (Sworn application number 103/2006), the defendant held the following:

1. Whereas by means of a contract in the records of Notary Ino Mario Grech dated sixteenth (16th) of February of the year one thousand nine hundred and ninety six (1996), the applicant together with the defendant acquired by title of perpetual emphyteusis from the Housing Authority, the plot with number twenty-five (25) in San Lawrenz, Gozo, measuring approximately one hundred and seventy-four point twenty-five square meters (174.25mk) which plot is today located in Triq Dun Salv Portelli, San Lawrenz, Gozo;

2. Whereas this contract was subsequently corrected through a contract in the records of Notary Michael Refalo due to a mistake in the surname of the parties;

3. Whereas the applicant no longer wants to remain in a state of co-ownership in relation to this property and despite the fact that she formally advised the defendant several times in order to approach a bona fide division of the said property, he remained in default;

4. Whereas apart from the above, during the relationship which she had with the defendant, she had given him the sum of sixteen thousand Maltese Lira (Lm16,000), in various amounts, which sum the defendant is also refusing to give to the applicant;

5. Whereas the defendant has been formally advised several times to arrive to a bona fide division of the property numbered twenty-five (25) Triq Salv Portelli, San Lawrenz, Gozo, as well as to restore the sum given to him by the applicant, including by means of bona fide letters dispatched on the 14th of July, 2004, and the 19th of May, 2006, official letters dispatched in August 2004 and in May 2006. The defendant also remained in default.

6. Whereas the applicant knows these facts listed above, personally.

Therefore she asked the defendant to state the reasons why the Court should not:

i. Order the division of the property numbered twenty-five (25) in Triq Salv Portelli, in equal shares between the applicant and the defendant, and if it results that the property is not divisible, order the sale of the same property by licitation and that the proceeds be shared between the co-owners,

ii. Appoint a notary public to publish the deed of division on that date, time and place to be fixed by this Honorable Court, with the intervention of curators who are appointed to represent any eventual defaulters,

iii. Order the defendant to return the sum of sixteen thousand Maltese lira (Lm16,000), given by the applicant to the respondent, in addition to the interest due on the same amount.

With the costs including those of the letters dispatched on the 14th of July 2004, and 19th May 2006, and of the official letters dispatched in August 2004 and May 2006, in addition to the costs of the warrant of prohibitory injunction number 27/06 in the names 'Cauchi Joseph vs Rita Tabone', which warrant of prohibitory injunction was refused by this Honorable Court.

The defendant is summoned for submission, which is now being ordered.

The defendant in that case, responded the following:

1. Whereas the writing dated 2nd June 2003 poses an obstacle to the first two requests made by the plaintiff. In the said writing, amongst other things, the plaintiff declares that she does not assert any rights of any kind or nature on the property 'de quo', since the property in question was built solely at the expense of the same defendant. The same plaintiff also obliged herself, that in not more than one month from when the permission is given by the Housing Authority, she will sign a contract whereby she assigns to the defendant her undivided half share and any other right of whatever kind, she may have on the said house. This writing has not yet been enforced pending the permission by the Housing Authority, but is still valid and what is left is that it is incorporated in a public deed, as contemplated in the same writing;

2. Whereas an obstacle to the third request is the aforementioned writing dated 2nd June 2003, whereby in its contents, it contemplates the restitution of the sum of sixteen thousand Maltese lira (Lm16,000) from the respondent to the plaintiff, however only with the transfer of the undivided one half share of the above-mentioned property. Therefore the third request made by the plaintiff is untimely and cannot be accepted;

3. Whereas although the said writing was made between the two parties, which was suppose to resolve the issues that existed between them, excuses were made so that the transaction would not be executed. Among these, is the fact that the same plaintiff refused to sign (when her consent was requested by the Housing Authority), so that the Housing Authority could issue the release for the public deed to be made. Therefore to date, the Housing Authority has not yet issued the release so that the public deed of the transfer of the undivided half can be made;

4. Whereas in order to give her consent in relation to the Housing authority, the plaintiff started blackmailing the respondent and asked for more money than what was originally agreed. In fact she bluntly told the defendant that if he does not pay her the sum of eighteen thousand and two hundred Maltese Lira (Lm18,200), she was not ready to inform the Housing Authority that she will be ready to transfer to the defendant her half share of the property;

5. Whereas although several attempts were made to resolve the situation, it was due to the plaintiff's arrogant and unreasonable attitude that arrangements were not made with her;

6. Therefore, the requests made by the plaintiff should be rejected with costs to be borne by her and with the summoning of the plaintiff,

Whereas by means of the judgment dated 28th June 2011, the Court decided that since a vital condition of a fiscal nature is lacking in the agreement mentioned by the defendant, the pleas mentioned by the defendant were rejected and the case was adjourned for its continuation.

Whereby the costs remain reserved for final judgment.

Whereas the defendant in that case, felt aggrieved by the judgment of that Court and submitted an appeal from such judgment.

Whereas in the judgment dated 19th April, 2012, the Honourable Court of Appeal, whilst rejecting the pleas in the appeal of the appellant, stated the following (translated from original):

'15. The last plea of the defendant holds that failure to give the writing to the Commissioner does not affect the 'validity' of the obligation but its 'executability'. What the defendant wants to say is that since the writing was not submitted to the Commissioner, he cannot request that the promise of transfer be carried out – the 'executability' of the promise. However this does not mean that the agreement is not valid.

16. The agreement is not entirely without merit. It is true that article 3(6) of Cap. 364 states that 'the promise of sale or of a transfer of any immovable property, or of any real right over it, is not valid if notice thereof has not been given to the Commissioner'. What is not valid however, is the promise of sale i.e. as a promise that a party will transfer the property to the other party, and not other purposes of this writing.

17. In this particular case, the parties have agreed not only that the plaintiff will transfer her share of the land to the defendant – a promise which for the reasons given above, is not 'valid' – but also (i) that the plaintiff does not assert any rights of any kind or nature on the property and (ii) that the plaintiff should have been paid the sum of Lm 16,000, (today equivalent to €37,269.07) only if and when the said transfer is made.

18. This means that, although the defendant cannot force the plaintiff to make the transfer in his favour, the plaintiff on the other hand cannot force the defendant to pay her Lm16,000, today equivalent to €37,269.97, if she does not transfer her share in the property. The plaintiff cannot either demand the sale of the land or claim a share from the proceeds of the land should it be sold, since according to the writing she does not assert any rights of any kind or nature over it.

19. Therefore the defendant is right in stating in his first two pleas that the writing dated 2nd June, 2003, is an 'obstacle' to the requests of the plaintiff. This means that the appeal should be accepted, and the first two pleas of the defendant should also be accepted.'

Whereas the Court accepted the appeal, cancelled the appealed sentence and accepted the first two pleas of the defendant. The case was sent back to the first Court, in order to decide on the demands of the plaintiff, in relation to the appeal sentence. It was decided that the costs in relation to the proceedings of the two instances are to be borne by the plaintiff.

Whereas by means of the judgment dated 7th March, 2014, this Court, rejected the plaintiff's claims with costs, apart from those already decided upon by the Court of Appeal in its judgment dated 19th April, 2012, to be borne by the plaintiff, after citing the extract above cited, from the sentence of the Court of Appeal of the 19th April, 2012.

Whereas the plaintiff (the defendant in these proceedings) felt aggrieved by such judgment and filed an appeal.

Whereas during the appeal proceedings, the defendant (in those proceedings) passed away and the present plaintiffs took his stead.

Whereas by means of the judgment dated 27th September, 2019, the Honourable Court of Appeal decided that:

'15. The writing dated 2nd June, 2003, was not valid as a promise to transfer immovable, but was valid for other purposes as resulted from the judgment of this Court dated 19th April, 2012, which is 'res judicata' and therefore cannot be contested. The judgment states that 'What is not valid is the agreement as a promise of sale i.e. as a promise that one party transfers property to the other parties, but not for other purposes.'

16. The plaintiff is not correct in criticising the 'decision of the Court where although she agrees that the writing is null, invalid and has no effect as a promise of sale since this was not registered with the Commissioner for Inland Revenue, she still decided that the rest of the writing is valid and binding on the parties.' This is what the Court said in the judgment dated 19 April, 2012, which binds the parties.

17. However, the declaration made by the plaintiff, stating that she does not assert any right on the property, remains valid. The plaintiff thinks that her declaration is a consequence of her obligation to transfer in favour of the defendant her share.That however, the declaration is the cause and not the effect of the obligation to transfer her share of the property to the defendant. This is also evident from the fact that no price was stipulated for the transfer and the plaintiff herself in the appeal application submitted by herself, stated that the causa of the defendant's obligation to repay, is a loan or mutuum and not as a price for the sale.

18. With the plaintiff's declaration that she does not assert any right on the property, the plaintiff is effectively acknowledging and stating that although she appears as a buyer on the deed whereby the parties bought the land, that was only a simulation, confirming that the defendant was the only buyer.

19. It is neither applicable to this case, when the plaintiff stated that a transfer of immovable property can only be done by a public deed and not by private writing as was the case of 3rd June, 2003. The effects of the declaration made by the plaintiff in the private writing are not on the transfer of her real rights, but knowledge of the fact that although the plaintiff appeared on the public deed that she is the owner of a share of the property, this share is not hers as she did not contribute to the price. It is true that before third parties in good faith, the plaintiff is seen as a co-owner and will continue to be seen as such until there is a public deed as contemplated in the writing dated 3 June, 2003, however this is not applicable to the relationship between the parties inter se.

20. Moreover, the provisions on co-ownership are neither applicable in this case. Once the plaintiff was not a co-owner, she does not have the right to request the division of the property or sale of the property by licitation.

21. For these reasons none of the grounds of appeal of the plaintiff are sufficient and the appeal cannot be accepted.

22. The Court therefore rejects the appeal and confirms the appealed sentence.'

Whereas the defendant in this case is aware that she is not a co-owner because she did not contribute financially to the acquisition of the property, she does not have a right to demand the division of this property. It is therefore necessary to have a pronouncement of the Court stating that the property numbered twenty-five (25) in Triq Salv Porteli, San Lawrenz, Gozo, belongs to the plaintiffs in this case with the exclusion of the defendant, so that this same pronouncement will have effect against third parties.

Therefore, the defendant should provide reasons why this Honourable Court should not decide that:

1. The defendant does not have any right of any nature on the property numbered 25 in Triq Salv Portelli, San Lawrenz, Gozo.

2. Consequently declare that the house with number twenty five (25) in Triq Salv Portelli, San Lawrenz, Gozo, belongs in its entirety to the plaintiffs as heirs of Joseph Cauchi.

With the costs to be borne by the defendant.

The hearing of the application is adjourned to Thursday, 16th March, 2023, at eight in the morning (8.00 a.m.) in the Gozo Court building.

Margaret De Battista

Assistant Registrar, Courts and Tribunals (Gozo)

ARB/C083/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 27th February, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 610/2021, in the case:

The Republic of Malta

Versus

ALI MUUSE IGAALE, self-employed, 42 years, son of the late Muuse and Dahabo Andi née Faarax, born in El-Bur, Somalia on the 1st January, 1981, residing at 13, Flat 1, Triq il-Gardiel, Marsaskala and holder of Sudanese passport bearing number P00968354 and Maltese passport bearing number MT901352.

The Court AUTHORISED the accused ALI MUUSE IGAALE to carry out payments to Elmo Insurance Limited for the renewal of the insurance policy and road license for the vehicle held in the name of the accused, as mentioned in the Court decree dated 27th February, 2023. This payment must be carried out from the bank account registered in the name of the accused ending in -2800 and held at the Lombard Bank Malta plc.

This variation is being published in terms of Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta and Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 16th September, 2021 which was published in the Government Gazette on the 12th November, 2021 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to ALI MUUSE IGAALE.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C041/2021 – VARIATION OF TEMPORARY SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th March, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 192/2021, in the case:

The Republic of Malta

Versus

SAMMY VELLA, fisherman, 43 years, son of John Vella and Saveria Vella née Grech, born in Tal-Pietà, Malta, on the 14th December, 1979, residing at 23A, Sambel, Triq it-Tiben, Marsaskala, and/or 54, Triq Tax-Xerriek, Marsaxlokk, and holder of Maltese identity card bearing number 76180M.

The Court AUTHORISES the society Emma Navigation Limited (C50550) to pay the accused SAMMY VELLA the overall total amount as stipulated in the above-mentioned decree dated 6th March, 2023. The mentioned amount shall be deposited in the bank account ending in -8478 listed in the name of the accused himself and held with the Bank of Valletta plc, and as a result the Court is also authorising the same accused to receive the mentioned payment in the mentioned bank account.

In additional, the Court AUTHORISES the accused SAMMY VELLA to withdraw from the same bank account listed above the sum of six hundred euro (€600) every fifteen (15) days with effect from the 1st January, 2022 up till the 31st December, 2022; therefore the amount which the accused was entitled to according to law for the year 2022. As per decree given by the same Court dated 9th June, 2021, this Court decree dated 6th March, 2023, shall not be understood to allow the accused to perceive in excess of the amount of six hundred euro (€600) every fifteen (15) days according to law.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a temporary seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 9th June, 2021, which was published in the Government Gazette on the 25th June, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to SAMMY VELLA.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C053/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th March, 2023, given by the Criminal Court (Hon. Mister Justice Dr Neville Camilleri, LLD). In the case:

The Republic of Malta

Versus

REDENT ZAMMIT;

MARCIA YVETTE ZAMMIT;

CHANTELLE ZAMMIT, works in operations, 24 years, daughter of Redent Zammit and Marcia Yvette Zammit née Cassar, born in Tal-Pietà, Malta, on the 20th July, 1998, residing at 169, St Mary, Triq il-Merħba, Fgura, and holder of Maltese Identity Card bearing number 262798M.

ANDREW ZAMMIT;

AND

MARY ROSE PISCOPO;

The Court AUTHORISED the accused CHANTELLE ZAMMIT to carry out payments to GasanMamo Insurance Limited for the renewal of the insurance policy with reference number AA214 for the vehicle held in the name of the accused as mentioned in the application submitted dated 27th February, 2023.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) on the 15th July, 2021, which was published in the Government Gazette on the 20th July, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Redent Zammit, Marcia Yvette Zammit, CHANTELLE ZAMMIT, Andrew Zammit and Mary Rose Piscopo.

Mr Anton Sevasta

Director, Asset Recovery Bureau

ARB/C010/2022 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 7th March, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD). Compilation Number 64/2022, in the case:

The Police

(Inspector Alfredo Mangion)

Versus

KEVIN MIFSUD, employed, 40 years, son of Saviour and the Salvina née Pace, born in Tal-Pietà, Malta, on the 19th November, 1982, and residing at Water Lily, Triq Karmen Mikallef Buhagar, Ħaż-Żebbuġ, Malta, and holder of Maltese identity card bearing number 630382M.

The Court AUTHORISED the accused KEVIN MIFSUD to pay the sum of five hundred and thirty-one euro and thirty-one cents (€531.31) to MelitaUnipol Insurance Agency Limited representing the renewal of the insurance policy and road license for the vehicle held in the name of the accused, as mentioned in the Court decree dated 7th March, 2023. This payment must be carried out from the bank account registered in the name of a third party ending in -7042 and held at the Bank of Valletta plc.

This variation is being published in terms of Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, Article 22A (3) of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, and Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 14th February, 2022, which was published in the Government Gazette on the 22nd February, 2022, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to KEVIN MIFSUD.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By means of a decree of the 24th January, 2023 of the Rent Regulation Board, in the records of the Application in the names Teresa Barbara vs Victor Casaletto et, Application number 830/2022JM, the following publication was ordered for the purpose of effecting service on the respondents Victor Casaletto and Josephine Casaletto 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 Teresa Barbara (ID 507068M) vs Victor Casaletto (ID 0523039M) and Josephine Casaletto (ID 0329144M) and Housing Authority (as Amicus Curiae) and Dr Daniel Attard nominated as deputy curator by a decree of the 4th August 2022 to represent the unknown direct owners of the premises number 13, Triq Ġużeppi Penza, Ħal Luqa, for any interest they may have filed before the Rent Regulation Board, on the 18th October, 2022, the applicant Teresa Barbara (ID 507068M) requested this Honourable Board to:

1. Appoint a Technical Architect for the purpose of valuing the premises 13, Triq Ġużeppi Penza, Ħal Luqa, in the open and unencumbered market ;

2. Carry out the means test of the respondents Casaletto,be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria issued under Article 1622A of the Civil Code) and any regulations that replace them, which test shall be based on the income of the lessees Casaletto between 1st January and 31st December, 2021, and on the capital of the lessee on the 31st December, 2021.

3. Declare and decide that in terms of Act XXIV of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises that is 13, Triq Ġużeppi Penza, Ħal Luqa, and to establish new conditions regarding the lease.

4. Order that if the respondents do not satisfy the criteria of the income and capital of the means test, the eviction of the same respondents Casaletto from the premises 13, Triq Ġużeppi Penza, Ħal Luqa, within two years from today and a compensation for this period has to be determined by this Board if the case may be.

With costs and against the respondent who are from now summoned so that a reference to her oath be made and without prejudice to the applicant's constitutional and conventional rights and to any claim for pecuniary and non-pecuniary damages and other claims and any other action that may eventually be filed.

Applicant: 75, Flat 5, Triq San Lawrenz, Vittoriosa

Notification: Victor Casaletto and Josephine Casaletto – 13, Triq Ġużeppi Penza, Ħal Luqa

Housing Authority

Dr Daniel Attard, Law Courts

The application in the names Teresa Barbara vs Victor Casaletto et, Application number 830/2022JM, has been postponed for hearing to the 28th March, 2023, at 11.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 19th January, 2023, of the Rent Regulation Board, in the records of the Application in the names John Soler et vs Paul Mallia, Application number 7650/2022JM, the following publication was ordered for the purpose of effecting service on the respondent Paul Mallia 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 Soler (ID 951349M), Paul Soler (ID 652060M), Adelaide Abela (ID 563546M) and Architect Mark Montebello (ID 204778M) vs Paul Mallia (ID 0011583M) filed in the Rent Regulation Board, on the 23rd September, 2022, the applicants John Soler, Paul Soler, Adelaide Abela and Architect Mark Montebello requested this Honourable Board why it should not:

1. Order the means test of the respondent Paul Mallia to be carried out, in terms of Article 4A of Cap. 69 of the Laws of Malta;

2. In the event that the criteria of the means test are met by the respondent declare and decide that the rent of the premises 9 Main Street, Ħaż-Żabbar, has to be revised to the amount that does not exceed 2% per annum of the free and open market value of the premises and, if necessary, new conditions are sett to regulate the lease;

3. Order that such increased rent be paid to the applicants;

4. In terms of Article 4A (6) of Cap. 69 of the Laws of Malta, order the increase in payment of rent during the proceedings of this application;

5. In the event that the criteria of the income and capital of the means test are not met, provide those remedies in terms of sub article (4) of Article 4A of Cap. 69 of the Laws of Malta including ordering that the respondent Paul Mallia has no right to continue renewing the lease and has to vacate the premises within the time established by this Honourable Board and the respondent shall pay a compensation till the date of his effective eviction from the premises.

With costs

Applicants: 15/4 Triq Ġużè Howard, Tas-Sliema

Respondent: 9, Main Street, Ħaż-Żabbar

Housing Authority

The application in the names John Soler et vs Paul Mallia, Application number 765/2022JM, has been postponed for hearing to the 28th March, 2023, at 11.30 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 24th January, 2023, of the Rent Regulation Board, in the records of the Application in the names Raymond Vassallo et vs Daniel Palumbo et, Application number 825/2022JM, the following publication was ordered for the purpose of effecting service on the respondents Daniel Palumbo and Irene Cedro 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 Raymond Vassallo (ID 590659M) and Maria Theresa Vassallo (ID 293862M) vs Daniel Palumbo (ID 0126688A) and Irene Cedro (ID 0218767A) filed before the Rent Regulation Board, on the 14th October, 2022, the applicants Raymond Vassallo (ID 590659M) and Maria Theresa Vassallo (ID 293862M) requested with respect whilst they confirmed on oath so that this Board:

1. Declares and decides to determine and accept the demands of the applicants without proceeding to trial in accordance with Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondents failed to execute their obligations as lessees and that is to pay the rent and water and electricity arrears, and also the communal contributions punctually, and they did not give a notice in terms of the agreement before they vacated the apartment Bellavista, Flat number 3, Triq il-Kummerċ, Ħal Qormi;

3. Declare that the total amount of €2,584.15 is certain, liquid and due by the respondents to the applicants;

4. Declare that the amount of €350 deposit made by the respondent to the applicants has to be kept by the applicants representing penalty because the respondents failed in their obligation in terms of the lease agreement;

5. Consequently condemn the respondent to pay the total amount of €2,584.15 reserving in favour of the applicants any additional arrears of rent that may result due during these proceedings.

Reserving any other action by the applicants resulting from the facts as declared including the right to claim further damages from the said agreement and any other payment that may be due.

With costs of this procedure, including the legal letter and from now the respondents are summoned so that a reference to their oath be made with legal interests from the 1st December, 2021, against the respondents.

Applicants: Raymond Vassallo and Maria Theresa Vassallo, Rozinjol, Triq Anton Manuel Caruana, Baħar iċ-Ċagħaq limits of Naxxar

Respondents: Daniel Palumbo, 23, Emmaus, Triq il-Muskatell, Ħ'Attard

Irene Cedro, 23 Emmaus, Triq il-Muskatell, Ħ'Attard

The application in the names Raymond Vassallo et vs Daniel Palumbo et Application Number 825/2022JM has been postponed for hearing to the 28th March, 2023, at 11.00 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 25th April, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1763/2021 in the names Automated Revenue Management Services Limited noe vs Carmela Vella, the following publication was ordered for the purpose of effecting service on the respondent Carmela Vella in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta)

To Carmela Vella (ID 181130M) of 87, Casa Vella, Triq il-Kbira, Mellieħa

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,574.49 which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations and the water supply regulations together with interest due on the amount which amount consists of the following:

i.  As for utility bill number 411000087934 in the amount of €1,510.92 for the premises with address 87, Casa Vella, Triq il-Kbira, Mellieħa; and

ii. As for utility bill number 411000090269 in the amount of €1,063.57 for the premises with address Qala tal-Mistra, Mistra Village, St Paul's Bay

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 9th February, 2023, in the records of the judicial letter number 723/2022, in the names Zammit Leasing and Investments Limited vs Edward Micallef, 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 Edward Micallef (ID 321273M) of 31, Okella Agius, Triq Ħal Qormi, Ħamrun, Malta, on the 7th April, 2022, Zammit Leasing and Investments Limited (C37945) previously J Zammit Limited of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, referred to the bills of exchange signed and accepted by you numbered 37 till 39 and also 41 till 59, a copy of which is being attached with this judicial letter, and noted that these bills of exchange had to be paid every 28th day of the month and that is between the 28th April, 2020, and 28th February, 2022, 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 €3,273.82 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

Banns for Curators

Republic of Malta

To the Executive Officer of the Court of Magistrates (Gozo)

It is hereby notified that by a decree given on 16th January, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, Family Section, ordered the publication of the extract reproduced below so that for all purposes and effects of the law serves as notification according to article 931 et sequitur of the Code of Organisation and Civil Procedure.

By a decree given on the 16th January, 2023, it was ordered that a deputy curator be chosen according to law to represent Rosa Grech who is absent from the Maltese Islands, in the acts of the sworn application bearing number 2/2023 in the names 'Carmel Grech vs Deputy Curators to represent the expatriate Rosa Grech' which sworn application was filed on the 10th January, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, Family Section, and in all other relative and subsequent acts. In the said sworn application, the divorce is being requested between the parties.

You are therefore ordered to affix an official copy of this notice at the entrance of this Court and hereby summon anyone who wants to appear as curator to appear within six (6) days in this Registry and make a note declaring that he so desires.

You are also ordered to inform one and all that if they do not make this declaration within the said timeframe, this Court will proceed to choose a curator of the office. And after you have done this, or if you encounter any obstacle in the execution of this order, you should inform this Court.

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, Family Section mentioned above with the testimony of the Magistrate Dr Brigitte Sultana, Magistrate of the aforementioned Court.

Margaret De Battista

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals

Notice in terms of article 495A(3) of the Civil Code issued by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section

In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section

Application number 121/2022 (in terms of article 495A of the Civil Code).

Maria Xerri (ID 63041G)

Notification: 26, Triq Bullara, Xagħra

Dr Carmelo Galea (ID34356G) as agent for Hendrika Petronella Maria sive Hennie Xerri and Salvina Bartolo;

And for any interest it may have:

Julian's Farmhouses Limited (C18875)

Notification: Emerald Pearl Ville, Triq Marsalforn, Xagħra, Gozo

vs

Peter Theuma (343888M), 9, Triq il-Bullara, Xagħra

Josephine Debrincat (61504L) 49A, Flat 1, Triq Sir Luigi Camilleri, Victoria

Margaret Spiteri (492201L) 5, Triq il-Bennejja, Xewkija

Anna Maria Spiteri, 23, Settembrina, Triq l-Oratorju, Naxxar NXR 2502

Dorothy Busuttil, 71, Orchids, Triq il-Munxar, Marsaskala MSK 3674

Deputy Curators to represent the absent:

i) Laurie Theuma

ii) Mary Borg

i) The unknown heirs of Maria Giovanna sive Giovanna Vella

Application by Maria Xerri et,

Respectfully state and the said Maria Xerri confirms on oath whilst declaring that she knows the facts as set out personally:

1. That this present application concerns the portion of land known as 'Il-Mandra' in the limits of Xagħra, Gozo, measuring approximately three hundred and forty-eight square meters (348m.k.) bordering on the east with Bartolo family property, north partly with Bajada family estate and partly with Julian's Farmhouses Limited estate and west partly with a walkway and partly with Julian's Estate Farmhouses Limited, as better shown on the attached plan;

2. This property originally belonged to Victoria widow of Joseph Attard who died on 17th June, 1958. She regulated her succession by virtue of a will in the records of Notary Francesco Gauci of 7th August, 1951, wherein she nominated her five children, Francesca wife Lorenzo Xerri, Antonia a spinster, Carmela wife Giuseppe Dimech, Margherita wife Paul Busuttil, and Maria Giovanna sive Maria wife Antonio Vella;

3. By virtue of a deed in the records of Notary Antonio Galea of 3rd September, 1960, Margherita Busuttil sold the share owned by her from this property, a fifth undivided share, to Antonia Attard;

4. By virtue of a deed in the records of Notary Giuseppi Cauchi of 23rd June, 1978, Carmela Dimech sold the share owned by her from this land, a fifth undivided share to Antonia Attard;

5. Antonia Attard died on 16th February, 2014, and regulated her succession by will in the records of Notary Paul George Pisani of the 4th of January 2012 by virtue of which she nominated applicant Maria Xerri as her universal heir. Her declaration of transfer causa mortis was published in the records of the same Notary, in which the applicant erroneously stated that this land belonged in its entirety to the deceased;

6. Frances wife Lorenzo Xerri née Attard, died on the 25th of July 1998 and regulated her succession by virtue of a will in the records of Notary Giuseppe Cauchi of the ninth (9th) of September, 1982, by which she nominated as her universal heirs her children Joseph Xerri, Maurice Xerri, Grazzja Theuma, Salvina Bartolo and Emmanuel Xerri;

7. Maurice sive Maurizio Xerri, died on the 6th February, 2011, and regulated his inheritance and succession by means of a will in the records of Notary Dr Josianne Mifsud of the 1st of October, 2004, and another made in Australia on 6th February, 1984, by which he bequeathed half (1/2) undivided share of all his assets to his sister, the applicant Maria Xerri and the other half (1/2) undivided share of all his assets to his siblings Joseph, Emmanuel, Salvina Bartolo and Maria Xerri, in equal and undivided shares between them;

8. Emanuel Xerri died on 27th October, 2013, in Windsor, New South Wales, Australia, and his succession was regulated by a will made in Australia on the 28th of May, 1998, by virtue of which he nominated his wife Hendrika Petronella Maria sive Hennie Xerri as his universal heir;

9. Grace Theuma died on 17th February, 2013, and regulated her succession by virtue of four wills, two of which in the records of Notary Michael Refalo of 7th October, 1987, and 21st July, 1988, another in the records of Notary Josianne Mifsud of 20th April, 2005, and the last one in the records of Notary Mariosa Grech of 30th August, 2012, by which she appointed her children Peter Theuma, Josephine Debrincat, Margaret Spiteri, Lawrence and Laurie Teuma and Mary Borg as her heirs in equal portions;

10. Joseph Xerri died on the fourth (4th) of October two thousand and eighteen (2018) and regulated his succession by a will in the deeds of Notary Paul George Pisani of the 30th of July, 2001, as amended by another will in the deeds of Notary Josianne Mifsud of the 30th of July, 2004, by which he left as his heirs his children Maria Lourdes Gauci, Dorothy Spiteri and Anna Maria Spiteri. As Maria Lourdes Gauci has renounced to her father's inheritance, his other children are now his heirs;

11. That therefore this land belongs to three-fifths (3/5); a half of one-fifth of a fifth (1/2 of 1/5 of 1/5); one eighth of one fifth of one fifth (1/200) (for a total of one hundred and twenty-five out of two hundred parts – 125/200) to the applicant Maria Xerri; one-fifth (1/5) to the unknown heirs of Maria Giovanna Vella; nine parts out of two hundred parts (9/200) each to Salvina to the heirs of Joseph Xerri (Mary Xerri, Dorothy Busuttil and Anna Maria Spiteri) amongst them, to Henrika sive Hennie Emanuel Xerri; and one part out of twenty-five parts (1/25) to the heirs of Carmela Theuma (Peter Theuma, Josephine Debrincat, Margaret Spiteri, Lawrence Theuma and Mary Borg) each, and namely one over one hundred and twenty five parts (1/125) each; this as better results from the family tree attached herewith which the applicant is also confirming on oath; Therefore in total, applicant Mary Xerri, Henrika Xerri and Salvina Bartolo possess between them the share of one hundred out of one hundred and twenty five (100/125) out of this property;

12. That at the time when she was still convinced that the property belonged entirely to her, on the 8th of November, 2021, the applicant Maria Xerri entered into a promise of sale agreement with the other applicant Julian's Farmhouses Limited to sell this the land to said company for the price of one hundred and forty thousand euros (€140,000) for the whole;

13. Subsequently, Hendrika Xerri and Salvina Bartolo also entered into a promise of sale agreement of their share in the property de quo, under the same terms and conditions, and this as evidenced by the second promise of sale agreement herewith annexed;

14. The applicants believe that this price is fair and correctly reflects the market value of this same property, and that, even taking into account the minimum quotas due from this property to the respondents, none of them will suffer any serious prejudice if this price and the conditions agreed in the above-mentioned promise of sale agreement should also apply to the respective share of the respondents of this land.

The applicants therefore respectfully request that after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. 16, the Honourable Court:

1. Declare that the price as well as the conditions proposed for the sale by the applicants of the shares owned by them out of the property described above are fair and appropriate and that the same price and conditions should apply to the sale of the remaining shares out of the said immovable property due to the respondents, save that the premises be appraised by an architect and civil engineer;

2. Orders the publication of the deed of sale also in respect of the quota due to the respondents, on a day, time and place to be set for this reason and this by means of the work of Notary Josette Spiteri Cauchi or any other notary public in her stead to publish the deed of sale in due course, with the intervention of deputy curators to represent any defaulters on that deed.

Adv. Carmelo Galea, 83, Triq Sir Luiġi Camilleri, Rabat, Gozo

Register of the Magistrates Courts (Gozo), Superior Jurisdiction, General Section

Margaret De Battista

Assistant Registrar, for the Registrar, Courts and Tribunals (Gozo)