Court Notices published in Government Gazette No. 21,023 of 15th June 2023
Notice 613
613By decree issued by the Civil Court, First Hall, Constitutional Chamber, on 16th January, 2023, in the acts of Constitutional Application number 476/2022MH which was presented on 13th September, 2022, in the names: Cauchi Pierre et vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Terminates the de quo lease and authorizes the plaintiffs to reclaim possession of the premises immediately and thus avoids the continuation of the violation of their rights. With the costs against the respondents or any of them, who are now summoned so that a reference to their evidence be made.
The Constitutional Application in the names mentioned above is postponed to 27th March, 2023, at 9.00 a.m.
Notification Respondent: Azzopardi Teresa, 5, Bay Street, St Julian's
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 614
614By decree issued by the Civil Court, First Hall, Constitutional Jurisdiction, on 7th March, 2023, in the acts of Constitutional Application number 594/2022AF which was presented on 8th November, 2022, in the names Borg Pierre-Jean et vs State Advocate et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents, or any of them to pay the plaintiff the same compensation and pecuniary and non-pecuniary damages as soon as liquidated and in terms of law with legal interest from the date of the filing of the current application until the date of effective payment. With all the costs against the respondents who are now summoned so that a reference to their evidence be made.
The Constitutional Application in the names mentioned above is postponed to 26th June, 2023, at 10.00 a.m.
Notification respondent: Gudja United Football Club, Gudja UFC, 34, Main Street, Gudja
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 615
615With a decree issued by the Civil Court, First Hall, on 5th November, 2022, in the acts of Sworn Application number 443/2020MH, which was presented on 17th June, 2020, in the names: Commissioner for Revenue vs Digitec Media Ltd, 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: Therefore, the plaintiff, according to the powers given to him in the terms of the aforementioned Directive, respectfully requests that this Court, orders the registration of the document attached to this application as its official copy so that the same document constitutes an executive title, and secondly it orders that a copy of this application and the document attached to it be served on the respondent society in accordance with the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.
The Sworn Application in the names mentioned above is postponed to 24th March, 2023, at 10.30 a.m.
Notification Respondent: Digitec Media Ltd, 33/34, 3rd Floor, Regent House, Triq Bisazza, Tas-Sliema
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 616
616By decree issued by the Civil Court, First Hall on 2nd March, 2023, in the acts of Sworn Application number 401/2022TA, which was presented on 13th May, 2022, in the names: Borg Michael vs Mapfre Middlesea plc et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Order the repspondents to pay the plaintiff the damages and costs thus liquidated by this Honorable Court. With all costs and legal interest against the respondents from now summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 17th April, 2023, at 9.30 a.m.
Notification Respondent: Mekonen Tirfe Teklehaymanot, 97A, Triq Ħal Qormi, Marsa
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 617
617By decree issued by the Civil Court, First Hall, on 20th February, 2023, in the acts of Sworn Application number 945/2022AF, which was presented on 17th October, 2022, in the names: Caruana Stefan et vs Agius Brian et, the following publication was ordered, pursuant to Article 187(3) et sequitur of Cap. 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Condemn the respondents to pay the damages as soon as liquidated to the applicant for the reasons mentioned. With all the costs against the respondents who are summoned so that a reference to their evidence be made.
The Sworn Application in the names mentioned above is postponed to 5th June, 2023, at 9.00 a.m.
Notification Respondent: Agius Brian, 7/4, Hibernian Flats, Sqaq Madre Maria Spinelli, Mosta, and
Camilleri Charlene, High Hills, Flat 3, Triq il-Kunsill tal-Ewropa, Mellieħa
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 618
618By decree issued by the Civil Court, First hall, on 13th January, 2023, in the acts of Sworn Application number 1066/2022CFS, which was presented on 9th November, 2022, in the names: Farrugia Gordon vs Unique Plant Ltd et, the following publication was ordered, in accordance with Article 187(3) et sequitur of Chapter 12 to serve as a notification against the respondent. The applicant asked this Honorable Court to, among others: Order the defendants to pay the plaintiff the indemnity so liquidated. With all costs against the respondents.
The Sworn Application in the names mentioned above is postponed to 16th May, 2023, at 9.00 a.m.
Notification Respondent: Abdul Karim Ahmad known as Michael Costa, 11, Carol, Triq Ras il-Ġebel, Xgħajra
Unique Construction Ltd and Unique Plant Ltd, Il-Bona, Sqaq il-Muddurbu, Mqabba
Register of the Superior Courts, today 15th March, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 619
619Notice 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
Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, that is from when he receives it. If the written sworn reply is not presented as required law by the time mentioned, the Court will proceed to hand out the decision according to the law. Therefore, it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.
Sworn Application number 19/2022 BS
1. Nathaline Vella, holder of identity card numbered 27849G;
2. Joseph Cauchi, holder of identity card numbered 101147G;
3. Carmela Gauci, holder of identity card numbered 1529G;
4. Theresa Cutajar, holder of identity card numbered 60354G who is appearing on her own behalf as well as on behalf of her uncle's wife Elizabeth Gauci, holder of American driving licence numbered 923354198 as per power of attorney attached herewith and marked as Document 'A' and also on behalf of her sister Mary Sultana, holder of Maltese identity card numbered 2852G as per power of attorney attached herewith and marked as Document 'B';
5. Michelina Ciantar, holder of identity card numbered 5454G;
6. Loreta Scicluna, holder of identity card numbered 37646G;
7. Anthony Cauchi, holder of identity card numbered 50150G;
8. Virginia Xuereb, holder of identity card numbered 47357G;
9. Angelo Cauchi, holder of identity card numbered 46760G;
10. Tony Camilleri, holder of identity card numbered 365484M;
11. Melanie Calleja, holder of identity card numbered 0616816L who appears on this deed on behalf of her mother Susan Calleja holder of identity card numbered 261804L as per power of attorney attached hereto and marked as Document 'C';
12. Nazzareno Cauchi, holder of identity card numbered 712857M;
13. Marthese Cauchi, holder of identity card numbered 448667M;
14. Rachel Mary Donnelly, holder of identity card numbered 384570M;
15. Susan Cauchi, holder of identity card numbered 50364M;
16. Maryrose Coleiro, holder of identity card numbered 834755M;
17. Jesmond Cauchi, holder of identity card numbered 273366M;
18. Raymond Galea, holder of identity card numbered 691160M;
19. Mary Carmen Vella, holder of identity card numbered 204454M;
20. David Galea, holder of identity card numbered 99255M;
21. Maria Anne sive Miriam Formosa, holder of identity card numbered 2017587M;
22. Henry Galea, holder of identity card numbered 101256M;
23. Maria Michelina Scorfna, holder of identity card numbered 30553M; and
24. Theresa sive Tessie Galea, holder of identity card numbered 259658M,
vs
Alex Spiteri (identity card number 1464G) who, by decree of the 6th December, 2022, was appointed as deputy curator to represent the absent Lorence Anthony Camilleri, holder of identity card numbered 281104L .
Application by Nathaline Vella, Joseph Cauchi, Carmela Gauci, Theresa Cutajar, Elizabeth Gauci, Mary Sultana, Michelina Ciantar, Loreta Scicluna, Anthony Cauchi, Virginia Xuereb, Angelo Cauchi, Tony Camilleri, Susan Calleja, Nazzareno Cauchi, Marthese Cauchi, Rachel Mary Donnelly, Susan Cauchi, Maryrose Coleiro, Jesmond Cauchi, Raymond Galea, Mary Carmen Vella, David Galea, Maria Anne sive Miriam Formosa, Henry Galea, Maria Michelina Scorfna, Theresa sive Tessie Sammut.
Respectfully submit and the said Joseph Cauchi confirms on oath that he knows the following facts personally:
1. That the applicants respectfully submit that this sworn application is being made in terms of Article 495A of Cap. 16 of the Laws of Malta which deals with the sale of common property where one or some of the owners have not consented to this sale;
2. That both they and the respondent Lorence Anthony Camilleri, are co-owners of the property numbered eighteen (18), nineteen (19) and twenty (20) previously numbered twenty-two (22), twenty-three (23) and twenty-four (24) in Triq il-Fawwara, Għajnsielem;
3. That they have three million, two hundred and sixty one thousand, eight hundred and seventeen out of three million, three hundred and seventeen thousand seven hundred and sixty (3261817/3317760) undivided shares of the said property while the defendant has the balance of fifty-five thousand, nine hundred and forty-three out of three million, three hundred and seventeen thousand seven hundred and sixty (55943/3317760) undivided shares. That this as is shown in the prospectus attached as Doc. 'K' with the promise of sale agreement annexed with this application as Doc. 'B';
4. That they have been in a state of co-ownership for many years and certainly for more than three years and there is no litigation over this property which is still held in common;
5. That the respondent co-owner Lorence Anthony Camilleri (holder of identity card 281104L), who is the son of the deceased Carmel Camilleri and Carmen Camilleri née Cauchi and who is the brother of the co-owners Tony Camilleri and Susan Calleja, was born in Marsa on the nineteen (19th) of June of the year one thousand nine hundred and fifty nine (1959) but he cannot be traced even though he is believed to be living in Australia;
6. That on the fifth (5th) of June of the year two thousand and twenty one (2021), the applicants appeared before the Notary Anne Marie Cauchi and through the promise of sale agreement, herewith annexed as Doc. 'A' bound themselves to sell the said property in favour of Joseph and Jane spouses Galea (holders of identity card number 29363G and 407506L respectively) for the total price of three hundred and ninety-five thousand euro (€395,000). That by virtue of another private writing before Notary Anne Marie Cauchi on the twentieth (20th) of January of the year two thousand and twenty two (2022), the applicants signed a corrective promise of sale agreement, herewith annexed as Doc. 'B' in which the shares of the co-owners of the said property were defined;
7. That the sale of the above-mentioned property is expected to be done at the price as it results from the mentioned promise of sale agreement with each and every one of the applicants and the respondent will receive the respective share of the proceeds after deducting the sale tax. That the applicants reverently submit that the respondent will not be financially prejudiced by this sale since the price is fair;
8. That, however, the sale cannot be effected without the representation of the share owed to the respondent Lorence Anthony Camilleri. Thus, as also stipulated in the respective promise of sale of the fifth (5th) of June of two thousand and twenty one (2021), the applicants were forced to resort to these procedures so that this Honourable Court Authorises the sale of all shares of the above-mentioned property to the above-mentioned purchasers.
Therefore, for the aforementioned reasons, the applicants are asking this Honourable Court, prior to any appropriate and opportune statement, to:
1. Authorise the sale of the property at number 18, 19 and 20 previously numbered 22, 23 and 24 Triq il-Fawwara, Għajnsielem, in favour of Joseph and Jane spouses Galea at the price of three hundred and ninety five thousand euro (€395,000) according to the terms and conditions listed in the promise of sale agreement of 5th June, 2021, and the corrective promise of sale agreement of the 20th January, 2022;
2. Set the time, day and place where and when the relative transfer should be published;
3. Appoint and order the Notary Public Ann Marie Cauchi to publish the same deed of transfer;
4. Authorises the appointed deputy curator to represent Lorence Anthony Camilleri to appear on the final deed of transfer of the aforementioned property, receive the price, pay the relative taxes, and deposit the proceeds, after deducting his fees, under the authority of this Honourable Court, and he does everything necessary so that the relative sale can take place,
5. Appoint a curator for the eventual defaulters on the same deed of sale; and
6. Give any other order and directive it deems appropriate and opportune.
With costs against the respondent as duly represented who is as of now summoned for his oath.
Av. Joseph Ellis
Av. Martin Farrugia
This sworn application is deferred for the judgement for the hearing of the 27th April, 2023, at 9.00 a.m., in the Court of Gozo, Victoria, Gozo.
Registy of the Court of Magistrates (Gozo), Superior Jurisdiction, General Section
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 620
620Notice 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
Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, i.e. from when he receives it. If the written sworn reply is not presented as required the law by the time mentioned, the Court will proceed to hand down the decision according to law. Therefore it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.
Sworn application number 20/2022 BS
1. Nathaline Vella, holder of identity card numbered 27849G;
2. Joseph Cauchi, holder of identity card numbered 101147G;
3. Carmela Gauci, holder of identity card numbered 1529G;
4. Theresa Cutajar, holder of identity card numbered 60354G who is appearing on her own behalf as well as on behalf of her uncle's wife Elizabeth Gauci, holder of the American driving licence numbered 923354198 as per power of attorney attached herewith and marked as Document 'A' and also on behalf of her sister Mary Sultana, holder of the Maltese identity card numbered 2852G as per power of attorney attached herewith and marked as Document 'B';
5. Michelina Ciantar, holder of identity card numbered 5454G;
6. Loreta Scicluna, holder of identity card numbered 37646G;
7. Anthony Cauchi, holder of identity card numbered 50150G;
8. Virginia Xuereb, holder of identity card numbered 47357G;
9. Angelo Cauchi, holder of identity card numbered 46760G;
10. Tony Camilleri, holder of identity card numbered 365484M;
11. Melanie Calleja, holder of the identity card numbered 0616816L who is appearing on this deed on behalf of her mother Susan Calleja holder of the identity card numbered 261804L according to a power of attorney attached here and marked as Document 'C';
12. Nazzareno Cauchi, holder of identity card numbered 712857M;
13. Marthese Cauchi, holder of identity card numbered 448667M;
14. Rachel Mary Donnelly, holder of identity card numbered 384570M;
15. Susan Cauchi, holder of identity card numbered 50364M;
16. Maryrose Coleiro, holder of identity card numbered 834755M;
17. Jesmond Cauchi, holder of identity card numbered 273366M;
18. Raymond Galea, holder of identity card numbered 691160M;
19. Mary Carmen Vella, holder of identity card numbered 204454M;
20. David Galea, holder of identity card numbered 99255M;
21. Maria Anne sive Miriam Formosa, holder of identity card numbered 2017587M;
22. Henry Galea, holder of identity card numbered 101256M;
23. Maria Michelina Scorfna, holder of identity card numbered 30553M; and
24. Theresa sive Tessie Galea, holder of identity card numbered 259658M,
vs
Alex Spiteri (identity card number 1464G) who by decree of the 6th December, 2022, was appointed as deputy curator to represent the absent Lorence Anthony Camilleri, holder of identity card numbered 281104L.
Application by Nathaline Vella, Joseph Cauchi, Carmela Gauci, Theresa Cutajar, Elizabeth Gauci, Mary Sultana, Michelina Ciantar, Loreta Scicluna, Anthony Cauchi, Virginia Xuereb, Angelo Cauchi, Tony Camilleri, Susan Calleja, Nazzareno Cauchi, Marthese Cauchi, Rachel Mary Donnelly, Susan Cauchi, Maryrose Coleiro, Jesmond Cauchi, Raymond Galea, Mary Carmen Vella, David Galea, Maria Anne sive Miriam Formosa, Henry Galea, Maria Michelina Scorfna, Theresa sive Tessie Sammut.
Respectfully submit and the said Joseph Cauchi confirms on oath that he knows the following facts personally:
1. That this sworn application is being made in terms of Article 495A of Cap. 16 of the Laws of Malta which deals with the sale of common property where one or some of the owners have not consented to this sale;
2. That both they and the respondent Lorence Anthony Camilleri are co-owners of the portion of land measuring approximately twenty-four square meters (24m2) situated halfway between Triq Ramon Perellos and Triq il-Fawwara, Għajnsielem, and which was part of a garden attached to a house numbered eighteen (18), nineteen (19) and twenty (20), previously numbered twenty-two (22), twenty-three (23) and twenty- four (24) in Triq il-Fawwara, Għajnsielem;
3. That they have three million, two hundred and sixty-one thousand, eight hundred and seventeen out of three million, three hundred and seventeen thousand and seven hundred and sixty (3261817/3317760) undivided shares of the portion of the mentioned land while the defendant has the balance of fifty-five thousand, nine hundred and forty-three out of three million, three hundred and seventeen thousand and seven hundred and sixty (55943/3317760) undivided shares. That this as shown in the document annexed as Doc. 'K' with the promise of sale agreement annexed as Doc. 'C';
4. That they have been in a state of co-ownership for many years and certainly for more than three years and there is no litigation over this property which is still held in common;
5. That the respondent co-owner Lorence Anthony Camilleri (holder of identity card 281104L), who is the son of the deceased Carmel Camilleri and Carmen Camilleri née Cauchi, and who is the brother of the co-owners Tony Camilleri and Susan Calleja was born on Marsa on the nineteenth (19th) of June of the year one thousand nine hundred and fifty nine (1959) but he cannot be traced even though he is believed to be living in Australia;
6. That on the ninth (9th) of April of the year two thousand and twenty one (2021), the applicants appeared before Notary Anne Marie Cauchi and by virtue of the promise of sale agreement herewith annexed as Doc. 'A' they bound themselves to sell the portion of land mentioned to Rodelyn Shawn Azzopardi (holder of identity card number 184012L) for the price of €4,000. That this promise of sale agreement has been corrected by means of a writing of the fifth (5th) of June of two thousand and twenty-one (2021) before the same notary herewith annexed as Doc. 'B' in the sense that the vendors Henry Galea and Maria Michelina Scorfna who did not appear and did not sign the original promise of sale agreement, declared that they are adhering to it. That by virtue of another private writing before Notary Anne Marie Cauchi on the twenty (20th) of January of the year two thousand and twenty-two (2022), the applicants signed a corrective promise of sale agreement, herewith annexed as Doc. 'C' in which the co-owners' shares on the said property were defined;
7. That the sale of the aforementioned property is expected to be effected at the price as determined by the respective promise of sale agreement with each and every one of the applicants, and the respondent will receive the respective share of the proceeds after deducting the sale tax. That the applicants reverently submit that the respondent will not be financially prejudiced by this sale since the price is fair;
8. That, however, the sale cannot be made without the representation of the share pertaining to the respondent Lorence Anthony Camilleri. Thus, as also stipulated in the aforementioned promise of sale agreement of 9th April 2021, the applicants were forced to resort to these procedures so that this Honourable Court Authorises the sale of all the shares of the aforementioned property to the aforesaid purchaser.
Therefore, for the aforementioned reasons, the applicants are asking this Honourable Court, saving any appropriate and opportune declaration, to:
1. Authorise the sale of the portion of land measuring the whole circa twenty-four square meters (24m2) situated halfway between Triq Ramon Perellos and Triq il-Fawwara, Għajnsielem, in favour of Rodelyn Shawn Azzopardi for the price of €4,000 according to the terms and conditions listed in the promise of sale agreement of 9th April 2021, as modified by the successive writings of 5th June 2021, and 20th January, 2022;
2. Set the time, day and place where and when the relative transfer should be published;
3. Appoint and order the Notary Public Ann Marie Cauchi to publish the same deed of transfer;
4. Authorise the deputy curator appointed to represent Lorence Anthony Camilleri to appear on the final deed of transfer of the aforementioned property, receive the price, pay the relative taxes, and deposit the proceeds, after he will have deducted his fees, under the authority of this Honourable Court, and does everything necessary so that the relative sale can take place;
5. Appoint a curator for the eventual defaulters on the same deed of sale; and
6. Give any other order and directive it deems appropriate and opportune.
With costs against the respondent as duly represented who is as of now summoned for his oath.
Adv. Joseph Ellis
Adv. Martin Farrugia
This sworn application is deferred for the judgement for the hearing of the 27th April, 2023, at 9.00 a.m., in the Court of Gozo, Victoria, Gozo.
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 621
621Notice 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
Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, i.e. from when he receives it. If the written sworn reply is not presented as required by law by the time mentioned, the Court will proceed to hand down the decision according to law. Therefore, it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.
Sworn application number 21/2022 BS
1. Nathaline Vella, holder of identity card numbered 27849G;
2. Joseph Cauchi, holder of identity card numbered 101147G;
3. Carmela Gauci, holder of identity card numbered 1529G;
4. Theresa Cutajar, holder of identity card numbered 60354G who is appearing on her own behalf as well as on behalf of her uncle's wife Elizabeth Gauci, holder of the American driving licence numbered 923354198 according to a power of attorney attached herewith and marked as Document 'A' and also on behalf of her sister Mary Sultana, holder of the Maltese identity card numbered 2852G according to a power of attorney attached herewith and marked as Document 'B';
5. Michelina Ciantar, holder of identity card numbered 5454G;
6. Loreta Scicluna, holder of identity card numbered 37646G;
7. Anthony Cauchi, holder of identity card numbered 50150G;
8. Virginia Xuereb, holder of identity card numbered 47357G;
9. Angelo Cauchi, holder of identity card numbered 46760G;
10. Tony Camilleri, holder of identity card numbered 365484M;
11. Melanie Calleja, holder of identity card numbered 0616816L who appears on this deed on behalf of her mother Susan Calleja holder of identity card numbered 261804L pursuant to a power of attorney attached hereto and marked as Document 'C';
12. Nazzareno Cauchi, holder of identity card numbered 712857M;
13. Marthese Cauchi, holder of identity card numbered 448667M;
14. Rachel Mary Donnelly, holder of identity card numbered 384570M;
15. Susan Cauchi, holder of identity card numbered 50364M;
16. Maryrose Coleiro, holder of identity card numbered 834755M;
17. Jesmond Cauchi, holder of identity card numbered 273366M;
18. Raymond Galea, holder of identity card numbered 691160M;
19. Mary Carmen Vella, holder of identity card numbered 204454M;
20. David Galea, holder of identity card numbered 99255M;
21. Maria Anne sive Miriam Formosa, holder of identity card numbered 2017587M;
22. Henry Galea, holder of identity card numbered 101256M;
23. Maria Michelina Scorfna, holder of identity card numbered 30553M; and
24. Theresa sive Tessie Galea, holder of identity card numbered 259658M,
vs
Alex Spiteri (identity card number 1464G) who by decree of 6th December, 2022, was appointed as deputy curator to represent the absent Lorence Anthony Camilleri, holder of identity card numbered 281104L.
Application by Nathaline Vella, Joseph Cauchi, Carmela Gauci, Theresa Cutajar, Elizabeth Gauci, Mary Sultana, Michelina Ciantar, Loreta Scicluna, Anthony Cauchi, Virginia Xuereb, Angelo Cauchi, Tony Camilleri, Susan Calleja, Nazzareno Cauchi, Marthese Cauchi, Rachel Mary Donnelly, Susan Cauchi, Maryrose Coleiro, Jesmond Cauchi, Raymond Galea, Mary Carmen Vella, David Galea, Maria Anne sive Miriam Formosa, Henry Galea, Maria Michelina Scorfna, Theresa sive Tessie Sammut.
Respectfully submit and the said Joseph Cauchi confirms on oath that he knows the following facts personally:
1. That this sworn application is being made in terms of Article 495A of Cap. 16 of the Laws of Malta which deals with the sale of common property where one or some of the owners have not consented to this sale;
2. That both they and the respondent Lorence Anthony Camilleri are co-owners of two thirds undivided share of the property numbered nine stroke ten (9/10) Ħamri Street, Għajnsielem;
3. That they have thirty thousand, five hundred and eighty-one out of thirty-one thousand, one hundred and four (30581/31104) undivided share of two undivided thirds of the share of the property with the number nine minus ten (9/ 10) Triq Ħamri, Għajnsielem, while the defendant has the balance of five hundred and twenty three out of thirty one thousand, one hundred and four (523/31104) undivided share of two thirds undivided share. That this as shown in the sworn document herewith attached as Doc. 'D';
4. That they have been in a state of co-ownership for many years and certainly for more than three years and there is no litigation over this property which is still held in common;
5. That the respondent co-owner Lorence Anthony Camilleri (holder of identity card 281104L), who is the son of the deceased Carmel Camilleri and Carmen Camilleri née Cauchi, and who is the brother of the other co-owners Tony Camilleri and Susan Calleja, was born in Marsa on the nineteenth (19th) of June of the year one thousand nine hundred and fifty-nine (1959) but he cannot be traced even though he is believed to living in Australia;
6. That on the ninth (9th) of April of the year two thousand and twenty one (2021), the applicants appeared before Notary Anne Marie Cauchi and through the promise of sale agreement, herewith annexed as Doc. 'E', bound themselves to sell two-thirds of the premises numbered nine stroke ten (9/10) in Triq Ħamri, Għajnsielem, in favour of Gloria Anna Camilleri (holder of identity card number 461167M), for the price of €160,000. That this promise of sale agreement was corrected by means of a writing of the fifth (5th) of June of the year two thousand and twenty one (2021) before the same notary herewith annexed as Doc. 'F', which correction was in sense that the vendors Henry Galea and Maria Michelina Scorfna who did not appear and did not sign the original promise of sale agreement, through this correction, declared that they are adhering to the same promise of sale agreement;
7. That the sale of the aforementioned property is expected to be effected at the price as determined by the aforementioned promise of sale agreement with each and every one of the applicants and the respondent will receive the respective share of the proceeds after deducting the sales tax. That the applicants reverently submit that the respondent will not be financially prejudiced by this sale and this since the price is fair;
8. That, however, the sale cannot be effected without the representation of the share pertaining to the respondent Lorence Anthony Camilleri. Thus, as also stipulated in the aforementioned promise of sale agreement of the 9th April 2021, the applicants were constrained to resort to these proceedings so that this Honourable Court Authorises the sale of all the shares of the said property to the aforementioned purchasers.
Therefore, for the aforementioned reasons, the applicants are asking this Honourable Court, saving any appropriate and opportune declaration, to:
1. Authorise the sale of two thirds undivided share of the property at 9/10 Ħamri Street, Għajnsielem, in favour of Gloria Anna Camilleri for the price of €160,000 according to the terms and conditions listed in the promise of sale agreement of the nine (9th) of April of two thousand and twenty one (2021), as corrected by means of a writing of the fifth (5th) of June of the year two thousand and twenty one (2021);
2. Set the time, day and place where and when the relative transfer should be published;
3. Appoint and order Notary Public Ann Marie Cauchi to publish the same deed of transfer,
4. Authorise the deputy curators appointed to represent Lorence Anthony Camilleri to appear on the final deed of transfer of the aforementioned property, receive the price, pay the relative taxes, and deposit the proceeds, after having deducted his fees, under the authority of this Honourable Court, and do everything necessary so that the relative sale can go ahead,
5. Appoint a curator for the eventual defaulters on the same deed of sale; and
6. Give any other order and directive it deems appropriate and opportune.
With costs against the respondent as duly represented who is as of now summoned for his oath.
Adv. Joseph Ellis
Adv. Martin Farrugia
This sworn application is deferred for the judgement for the hearing of the 27th April, 2023, at 9.00 a.m., in the Court of Gozo, Victoria, Gozo.
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 622
622Notice 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
Whoever receives this sworn application against him must present his sworn reply within twenty (20) days from the date of notification, i.e. from when he receives it. If the written sworn reply is not presented as required law by the time mentioned, the Court will proceed to give the decision according to law. Therefore, it is in the interest of the recipient of this sworn application to speak to a lawyer without delay so that the Court can hear what he has to say in the case.
Sworn Appeal number 22/2022 BS
1. Nathaline Vella, holder of identity card numbered 27849G;
2. Joseph Cauchi, holder of identity card numbered 101147G;
3. Carmela Gauci, holder of identity card numbered 1529G;
4. Theresa Cutajar, holder of identity card numbered 60354G who is appearing on her own behalf as well as on behalf of her uncle's wife Elizabeth Gauci, holder of the American driving licence numbered 923354198 as per power of attorney attached herewith and marked as Document 'A' and also on behalf of her sister Mary Sultana, holder of the Maltese identity card numbered 2852G as per power of attorney attached herewith and marked as Document 'B';
5. Michelina Ciantar, holder of identity card numbered 5454G;
6. Loreta Scicluna, holder of identity card numbered 37646G;
7. Anthony Cauchi, holder of identity card numbered 50150G;
8. Virginia Xuereb, holder of identity card numbered 47357G;
9. Angelo Cauchi, holder of identity card numbered 46760G;
10. Tony Camilleri, holder of identity card numbered 365484M;
11. Melanie Calleja, holder of identity card numbered 0616816L who appears on this deed on behalf of her mother Susan Calleja holder of identity card numbered 261804L by virtue of a power of attorney attached hereto and marked as Document 'C';
12. Nazzareno Cauchi, holder of identity card numbered 712857M;
13. Marthese Cauchi, holder of identity card numbered 448667M;
14. Rachel Mary Donnelly, holder of identity card numbered 384570M;
15. Susan Cauchi, holder of identity card numbered 50364M;
16. Maryrose Coleiro, holder of identity card numbered 834755M;
17. Jesmond Cauchi, holder of identity card numbered 273366M;
18. Raymond Galea, holder of identity card numbered 691160M;
19. Mary Carmen Vella, holder of identity card numbered 204454M;
20. David Galea, holder of identity card numbered 99255M;
21. Maria Anne sive Miriam Formosa, holder of identity card numbered 2017587M;
22. Henry Galea, holder of identity card numbered 101256M;
23. Maria Michelina Scorfna, holder of identity card numbered 30553M; and
24. Theresa sive Tessie Galea, holder of identity card numbered 259658M,
vs
Alex Spiteri (identity card number 1464G) who by decree of 6th December, 2022, was appointed as deputy curator to represent the absent Lorence Anthony Camilleri, holder of identity card numbered 281104L.
Appeal by Nathaline Vella, Joseph Cauchi, Carmela Gauci, Theresa Cutajar, Elizabeth Gauci, Mary Sultana, Michelina Ciantar, Loreta Scicluna, Anthony Cauchi, Virginia Xuereb, Angelo Cauchi, Tony Camilleri, Susan Calleja, Nazzareno Cauchi, Marthese Cauchi, Rachel Mary Donnelly, Susan Cauchi, Maryrose Coleiro, Jesmond Cauchi, Raymond Galea, Mary Carmen Vella, David Galea, Maria Anne sive Miriam Formosa, Henry Galea, Maria Michelina Scorfna, Theresa sive Tessie Sammut.
Respectfully submit and the same Joseph Cauchi confirms on oath that he knows the following facts personally:
1. That the applicants respectfully submit that this sworn application is being made in terms of Article 495A of Cap. 16 of the Laws of Malta which deals with the sale of common property where one or some of the owners have not consented to this sale;
2. That both they and the respondent Lorence Anthony Camilleri are co-owners of the property numbered four (4), Triq il-Ħamri, Għajnsielem;
3. That they have nine thousand one hundred and nine out of nine thousand two hundred and sixteen (9109/9216) undivided share of the property bearing the number four (4), Triq il-Ħamri, Għajnsielem, while the defendant has the balance of one hundred and seven out of nine thousand two hundred and sixteen (107/9216) undivided shares. That this as is shown on the document herewith attached as Doc. 'K' with the herein mentioned promise of sale agreement attached as Doc. 'A';
4. That they have been in a state of co-ownership for many years, and certainly for more than three years, and there is no litigation over this property which is still held in common;
5. That the respondent co-owner Lorence Anthony Camilleri (holder of identity card 281104L), who is the son of the deceased Carmel Camilleri and Carmen Camilleri née Cauchi, and who is the brother of the co-owners Tony Camilleri and Susan Calleja was born in Marsa on the nineteenth (19th) of June of the year one thousand nine hundred and fifty nine (1959) but he cannot be traced even though he is believed to be living in Australia;
6. That on the fifth (5th) of June of the year two thousand and twenty one (2021), the applicants appeared before Notary Anne Marie Cauchi and by virtue of a promise of sale agreement herewith attached as Doc. 'A' bound themselves to sell the premises numbered 4, Triq il-Ħamri, Għajnsielem, in favour of Enrich Joe and Cathleen Jane spouse Cauchi (holders of identity card number 10582G and 124304L respectively), for the price of €230,000;
7. That the sale of the aforementioned premises is expected to be effected for the price as it results from the aforementioned promise of sale agreement with each and every one of the applicants and the respondent will receive the respective share of the proceeds after deducting the sale tax. That the applicants reverently submit that the respondent will not be financially prejudiced by this sale since the price is a fair one;
8. That this sale cannot be effected without the representation of the share pertaining to the respondent Lorence Anthony Camilleri. Thus, as stipulated in the aforementioned promise of sale agreement, the applicants were constrained to resort to these procedures in order for this Honourable Court to Authorise the sale of all the shares of the above-mentioned property to the above-mentioned purchasers.
Therefore, for the aforementioned reasons, the applicants are asking this Honourable Court saving any appropriate and opportune declaration, to:
1. Authorise the sale of the property at 4, Triq il-Ħamri, Għajnsielem, in favour of Enrich Joe and Cathleen Jane spouse Cauchi for the price of €230,000 according to the terms and conditions listed in the promise of sale agreement of the fifth (5th) of June of the year two thousand and twenty one (2021);
2. Set the time, day and place where and when the relative transfer should be published;
3. Appoint and order Notary Public Ann Marie Cauchi to publish the same deed of transfer;
4. Authorise the deputy curator appointed to represent Lorence Anthony Camilleri to appear on the final deed of transfer of the aforementioned property, receive the price, pay the relative taxes, and deposit the proceeds, after having deducted his fees, under the authority of this Honourable Court, and does everything necessary so that the relative sale can take place;
5. Appoint a curator for the eventual defaulters on the same deed of sale and
6. Give any other order and directive it deems appropriate and opportune.
With costs against the respondent as duly represented who is as of now summoned for his oath.
Adv. Joseph Ellis
Adv. Martin Farrugia
This sworn application is deferred for the judgement for the hearing of the 27th April, 2023, at 9.00 a.m., in the Court of Gozo, Victoria, Gozo.
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 623
623By decree given by the Civil Court, First Hall on the 14th March, 2023, on the application of Bonnici Noe sive Noel (ID 327064M) et, Tuesday, 25th June, 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, 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
Notice 624
624It is hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 7th March 2023, and upon an application numbered 201/2023, ordered:
The Director of the Public Registry to make the appropriate annotations or corrections in the Act of Birth of Jason-Austin Bonello bearing the number 1893/1971, in the Act of Marriage of Jason-Austin Bonello bearing the number 1580/1997, in the Act of Birth of Arthemese-Graziella Bonello bearing the number 5450/1977, in the Act of Marriage of Arthemese-Graziella Bonello bearing the number 1939/2011, and in the Act of Birth of Owen Bonello bearing the number 1351/1980, so that the name 'Jane' of the mother of these persons, wherever it appears, is deleted and substituted by the correct name 'Giovanna'.
Court of Revision of Notarial Acts, today Monday, 13th March, 2023
ADV. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.)
Deputy Registrar, Court of Revision of Notarial Acts
Notice 625
625By a decree of the Small Claims Tribunal of the 6th February, 2022, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
360 Retail Supplies Ltd (C 64990) of 360 Business Centre, Mdina Road, Ħaż-Żebbuġ, Malta, filed a Claim on the 18th May, 2022, whereby they asked the Tribunal to condemn Giovanni Lassandro (ID 203398A) of 86, Triq il-Bajja s-Sabiħa, Birċebbuġa, to pay the plaintiff company the sum of €1,218.32, which amount is due to the plaintiff company.
With costs and interests
The case (Claim number 149/2022DBM) is deferred on the 23rd March, 2023, at 12.30 p.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals.
Notice 626
626By means of a decree of the 13th January, 2023, of the Rent Regulation Board, in the records of the Application in the names Peter Borg et vs Salvu Grixti, Application number 651/2022NB, the following publication was ordered for the purpose of effecting service on the respondent Salvu Grixti 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 Peter Borg (ID 117164M) and Felicity Borg (ID 223264M) vs Salvu Grixti (ID 199356M) filed in the Rent Regulation Board, on the 4th August, 2022, the applicants Peter Borg and Felicity Borg requested this Honourable Board why it should not:
1. Carry out the means test of the respondent Salvu Grixti (ID 199356M), in terms of Act XXIV of 2021 and of Article 4A(3)(c) of Cap. 69 of the Laws of Malta;
2. Gives those orders that deems fit and opportune, according to the results of the means test and that is if the criteria of the means test are not met, order immediately the eviction of the respondent Salvu Grixti (ID 199356M) from the premises 12, Triq in-Naxxar, Birkirkara, within a peremptory time established by this same Board according to Law and liquidate the compensation due in terms of Article 4A(4) of Cap. 69 of the Laws of Malta and order the respondent to pay the compensation as liquidated;
3. In case the criteria of the means test are met, order the continuation of the relative lease in favour of the respondent, establish new conditions regarding the payment of the rent and declare that the rent shall be revised to the amount up to 2% per annum of the free and open market value of the premises on the 1st January, 2021, and order the respondent to pay the applicant the revised rent.
With costs and legal interest against the respondent who is hereby summoned so that a reference to her oath be made and without prejudice for any other action that may eventually be filed.
Applicants: Ta Bicec, Triq il-Markiż J. Scicluna, Madliena, Swieqi SWQ 1412.
Respondent: Salvu Grixti, 12, Triq in-Naxxar, Birkirkara
The application in the names Peter Borg et vs Salvatore Grixti et, Application number 651/2022NB has been postponed for hearing to the 23rd March, 2023, at 9.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 627
627By means of a decree of the 1st February 2023 of the Civil Court (Family Section), in the records of the Application in the names Romina Maria Khodir vs Al Said Al Kasem Edweie Said, Application number 283/2021AL, the following publication was ordered for the purpose of effecting service on the respondent Al Said Al Kasem Edweie Said in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of sworn application number 283/2021AL in the names Romina Maria Khodir vs Al Said Al Kasem Edweie Said, filed in the Civil Court (Family Section), on the 30th November, 2021, the applicant Romina Maria Khodir (ID 155571M) requested this Honourable Court to:
1. Fix and liquidate maintenance for the minor because she is still a minor;
2. Order that the care and custody of the minor be entrusted to the applicant because the cruelty which the respondent demonstrates towards the minor and the minor is clear.
With costs, against the respondent who is from now summoned so that a reference to his oath be made.
Applicant: 130, High Street, Ħamrun
Respondent: Eddies's Court, Flat 5, Gżira Road, Gżira
The Application in the names Romina Maria Khodir vs Al Said Al Kasem Edweie Said, Application number 283/2021AL, has been postponed for hearing to the 30th March, 2023, at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals