Court Notices published in Government Gazette No. 21,136 of 20th October 2023

By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 14th December, 2022, the publication of the extract that appears below was ordered for the purposes of notification in terms of article 931(3) of the Code of Organisation and Civil Procedure, Cap. 12 of the laws of Malta.

Banns for curators

Republic of Malta

To the executive officer of the Court of Magistrates (Gozo)

By a decree given on 14th December, 2022, it was ordered that a deputy curator be chosen according to the law to represent the expatriates Emil Michel Moukarzel and Denise Moukarzel in the acts of the judicial letter reproduced below, which bears the number 731/2022 in the names 'Michael Galea et versus deputy curator to represent the expatriates Emil Michel Moukarzel and Denise Moukarzel', filed on the 23rd November, 2022, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

To deputy curator to represent the expatriates Emil Michel Moukarzel and Denise Moukarzel

By the present Michael and Holly spouses Galea, of 14, Triq Wied il-Merill, San Lawrenz, Gozo, holders of identity card numbers 371085M u 190151A respectively, refer to a promise of sale agreement signed on the twenty-ninth (29th) of December of the year two thousand and twenty-one (2021), duly registered with the Commissioner for Revenue with the number PS202200071.

That this promise of sale agreement concerns the property at number 14, Triq Wied il-Merill, San Lawrenz, Gozo, which is free and unencumbered, with its rights and appurtenances, with vacant possession and according to the terms and conditions outlined in the same promise of sale agreement;

That the same promise of sale agreement was subsequently extended by means of various extensions, the final deed of sale had to be published by not later than the fourth (4th) of November of the year two thousand and twenty-two (2022);

That in terms of the same extensions, that of the first (1st) day of July of the current year, you unconditionally released the sum of fifty-one thousand euro (€51,000) in favour of the applicants. Subsequently, in terms of the extension of the fifth (5th) of August of the current year, you paid the additional sum of five thousand euro (€5,000) in favour of the applicants, this by way of pre-liquidated damages. Additionally, in virtue of the extension dated fifth (5th) of October of the current year, you paid an additional sum of five thousand euro (€5,000) in favour the applicants, this by way of pre-liquidated damages;

​That the transfer of the property did not take place, for reasons that are imputable to you, and this has caused various damages to the applicants, for which they are holding you solely responsible;

That therefore, the applicants call upon you so that within three (3) days from the notification of this judicial letter, you come forward for the liquidation of damages and the eventual payment of such damages (of whatever nature), this as a result of your actions. In default, the applicants shall have no other option but to proceed against you according to law.

So much so that you may be warned how to proceed, and avoid unnecessary costs.

With expenses

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 enter as curator to appear within six (6) days in this Registry and makes a note declaring that he agrees to this.

You are also ordered to inform each and every one that if they do not make this declaration within the stipulated time, 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 mentioned above with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., Magistrate of the aforementioned Court.

Margaret De Battista

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

Edict for Information Regarding Absent Persons issued by the Registry of The Civil Court (Voluntary Jurisdiction Section)

Whereas the heirs of Albert Brian Rosso, by an application filed on the 28th of June, 2023, in the Civil Court (Voluntary Jurisdiction Section), requested the appointment of Curators for the absentee Albert Brian Rosso, son of John Rosso and Josephine Rosso née Baldacchino, born at Tal-Pietà, Malta, and who ceased to appear without any news of him having been received.

Whosoever has any news of the existence of the above mentioned Albert Brian Rosso is required to communicate with the Registrar of The Civil Court (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this edict in the Government Gazette.

 By order of the above mentioned Court

Antonia Dalli

Deputy Registrar for the Registrar, Civil Court and Tribunals

By means of a decree of the 10th October, 2023, handed down by the First Hall of the Civil Court in the records of the judicial letter number 3849/2023 in the names MIB Management Services Ltd noe vs FDS Property 2 Ltd, the following publication was ordered for the purpose of effecting service on the respondent company FDS Property 2 Ltd in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To FDS Property 2 Ltd (C87256) of 26, Ananda, Triq Ħabb il-Qamħ, Victoria Gardens, Tal-Ibraġ, Swieqi and/or Adagio PH, Triq F. X. Ebejer, Tal-Ibraġ, Swieqi

By the present, MIB Management Services Ltd (C36808) of Zentrum Business Centre, Level 2, Triq l-Imdina, Ħal Qormi QRM 9010 as administrators and agents for Lloyds Insurance Company SA and their insured Island Engineering Services Ltd (C9421) make reference to the damages caused by you on the 26th October, 2021, to the same interpellants and to Island Engineering Services Ltd (C9421) when due to water ingress from the premises belonging to you and or falling under your responsibility, into the premises Maħzen, groundfloor, Triq L-Imsida, under Pauline Flats and in the maisonette Lina House, Triq l-Imsida, Gżira, damage was caused to the property and merchandise of the insured firm. The same firm was paid by the interpellant Lloyds Insurance company SA which were subrogated in the rights of Island Engineering Services Ltd (C9421) against you. These damages occurred due to negligence and lack of adequate waterproofing in your premises and as a result water ingress which caused the damages mentioned.

That in view of this the interpellants are soliciting you so that within two days you come forward to pay the interpellant insurance firm the amount of €13,834.08 and to the firm Island Engineering services Ltd (C9421) the amount of €582.34 (excess paid by them) or more precise amounts and all this represents damages suffered by the interpellant.

In default the interpellants will proceed further against you even with the issue of the opportune warrants.

This judicial letter is also required for the purpose of Art 2128 of the Civil Code.

With costs and interest

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Constitutional Court on the 11th September, 2023, in the records of Appeal Application number 242/2019 in the names Dr Michelle Tabone (ID 138371 M) in her capacity as treasurer of his Excellency Monsignor Charles J. Scicluna, Archbishop of Malta, as Administrator of all the ecclesiatical entities of Malta in the name and on behalf of 'Legato Fra Gabriele Loretta' administered by Veneranda Sodalita delle Anime Purganti vs 1) Advocate General; 2) Anthony Busuttil (ID 652738 M); 3) Suzanne Busuttil (ID 19076 M); 4) Brian Busuttil (ID 525373 M), ordered the following publication in regard to the said Anthony Busuttil, Suzanne Busuttil and Brian Busuttil in terms of section 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of an Appeal application (Constitutional) No 242/2019 filed on the 24th July, 2023, the appellant Dr Michelle Tabone (ID 138371 M) in her capacity as treasurer of his Excellency Monsignor Charles J. Scicluna, Archbishop of Malta, as Administrator of all the ecclesiastical entities of Malta in the name and on behalf of 'Legato Fra Gabriele Loretta' administered by Veneranda Sodalita delle Anime Purgant felt aggrieved by the judgement of the First Hall Civil Court (Constitutional jurisdiction) of the 7th July, 2023, in the names premised, and is thus filing this humble appeal before this Honourable Constitutional Court.

Therefore, the appellant humbly requests that this Honourable Court annuls, revokes and cancels the judgement given by the Honourable First Hall Civil Court in its Constitutional jurisdiction on the 7th July, 2023, in the names premised, where it upheld the first plea of the respondent Attorney General – recte State Advocate – and rejected the plaintiffs' demands and instead dismisses the same first plea of the State Advocate and sends the records of the proceedings to the Honourable First Hall Civil Court in its Constitutional jurisdiction in order to determine and decide the other pleas raised by the respondents as well as the applicants' demands, with costs of both instances against the respondents.

Notification:   Anthony Busuttil, 16, Triq Għar id-Dud, Tas-Sliema

Suzanne Busuttil, 16, Triq Għar id-Dud, Tas-Sliema

Brian Busuttil, 16, Triq Għar id-Dud, Tas-Sliema

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior jurisdiction) on the 15th June, 2023, in the records of the Appeal Application number 910/2019 in the names Irene Causin (ID 183778M) vs No Deposit Cars Malta Limited (C85780) the following publication was ordered for the purpose of service of the said Irene Causin, in terms of section 187 (3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of the Appeal Application number 910/2019 in the names mentioned Irene Causin vs No Deposit Cars Malta Limited filed on the 27th March, 2023, the appellant company No Deposit Cars Malta Limited appealed against the judgement given on the 27th February, 2023, and the first decision of the 8th February, 2022.

Therefore, the appellant company respectfully requests this Honourable Court: i) to uphold the first grievance of the appellant company and revoke, cancel and annul the decree given by the First Hall Civil Court on the 8th February, 2022, whereby the Court of First Instance rejected the appellant company's request to put forward the plea of nullity, whilst authorising it and deciding on the said further plea; ii) to confirm the judgement given by the First Hall Civil Court on the 27th February, 2023, in the names premised whereby the court of first instance rejected the fourth, fifth, and sixth claim by the plaintiff respondent and uphold all the grievances brought forward by the appellant company in this appeal application and revoke, cancel and annul the judgement given by the First Hall Civil Court on the 27th February, 2023, in the names premised whereby the Court of First Instance dismissed all the pleas by the appellant company and upheld the plaintiff's first, second and third claims, whilst upholding the pleas brought forward by the appellant company; with costs of each instance against the respondent plaintiff.

Notification: Irene Causin, 134, Triq San Filippu, Ħal Għaxaq

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal (Superior jurisdiction) on the 21st August, 2023, in the records of the Appeal application number 1012/2020 in the names Rawia Barbara (ID 0378719L) vs Mapfre Middelsea Insurance plc, Salahiddin M Mohamed, Elmo Insurance Ltd, and Karol Grech (ID 402891M), the following publication was ordered for the purpose of service of the said Salahiddin M Mohamed, in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

Whereas by means of the Appeal application number 1012/2020 filed on the 17th August, 2023, in the names Rawia Barbara vs Mapfre Middelsea Insurance plc, Salahlddin M Mohamed, Elmo Insurance Ltd, and Karol Grech, Karol Grech appealed against the judgement delivered on the 24th May, 2023, by the Court of First Instance in the names premised whereby it dismissed all the claims by Karol Grech in the application filed by him on the 4th January, 2021. Whereas, since be felt aggrieved by this decision regarding his contumacy, he is filing this humble appeal.

Therefore, the appellant Karol Grech respectfully requests that this Honourable Court revokes the judgement of the First Hall Civil Court of the 24th May, 2023, in the names premised by declaring that the defendant appellant has a valid reason why he did not file a reply and that this was not done in bad faith, as well as orders that the reply filed by him be accepted, and all this under those provisions that this Honourable Court deems fit and opportune.

Notification: Mohmed Salahlddin, Wilġa Apts, Flt 2 A, Triq il-Wilġa, St Julian's

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By a decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, Family Section, on the 16th of October, 2023, the publication of the extract that appears below was ordered for the purposes of notification according to the article 931(3) of the Code of Organisation and Civil Procedure, Cap. 12 of the laws of Malta.

Banns for curators

Republic of Malta

To the executive officer of the Magistrates' Court (Gozo)

By decree given on the 16th of October, 2023, it was ordered that a deputy curator be chosen according to the law to represent Roderick Barun, holder of identity card number 75486M, in the acts of the Sworn Application number 48/2023 BS in the names 'Elizabeth Barun versus Deputy Curator to represent Roderick Barun, holder of identity card number 75486M', filed on the 9th of October, 2023, in the Court of Magistrates (Gozo) Superior Jurisdiction, Family Section, and in all other relative and subsequent acts. In the aforementioned sworn application, the legal personal separation is being requested, among others, as well as the dissolution and termination of the community of acquests.

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 enter as curator to appear within six (6) days in this Registry and make a note declaring that he agrees to this.

You are also ordered to inform one and all that if they do not make this declaration within the time given above, 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 Magistrates' Court (Gozo), Superior Jurisdiction, Family Section above mentioned with the testimony of the Magistrate Dr Brigitte Sultana, LLD, LLM (Cardiff), Adv. Trib. Eccl., a Magistrate of the aforementioned Court.

Dr Brigitte Sultana

Magistrate

Margaret De Battista

Assistant Registrar

By means of a decree of the 9th October, 2023, of the Rent Regulation Board, in the records of the Application in the names Giannino Caruana Demajo vs Mary Attard, Application number 369/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Mary Attard 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 Giannino Caruana Demajo (ID 110258M) vs Mary Attard (ID 886047M) filed before the Rent Regulation Board, on the 26th June, 2023, the applicant Giannino Caruana Demajo requested this Honourable Board after the means test is made according to law so that:

1. If the respondent satisfies the relative criteria, fix the appropriate rent of the premises 73, Triq il-Marsa, Marsa, according to Art 12B(2) of Cap 158;

2. If the respondent does not satisfy the relative criteria gives a decision according to Art 12 B (4) of Cap 158.

Applicant: Giannino Caruana Demajo, 32, Triq Tommaso Caruana Demajo, Ħamrun HMR 2042

Respondent: Mary Attard, 73, Triq il-Marsa, Marsa MRS 1703

Housing Authority

The application in the names Giannino Caruana Demajo vs Mary Attard, Application number 369/2023JG, has been postponed for hearing to the 25th October, 2023, at 10.15 a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By decree issued by the Civil Court, First Hall, on the 25th September, 2023, in the acts of Sworn Application number 214/2023MH, which was presented on the 2nd March, 2023, in the names: Formosa Shaun vs Mercieca Alexander sive Alex, 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 damages to the plaintiff through nominated architects. With costs and interest against the respondent who is now summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 29th November, 2023, at 10.30 a.m.

Notification: Mercieca Alexander sive Alex, 4, Anil, Triq il-Ħawt, Swieqi

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 the 28th September, 2023, in the acts of the Sworn Application (Revocation) number 416/2023JVC, in the Acts of the Precautionary Garnishee Order number 1658/2022, which was presented on the 20th April, 2023, in the names: Lexema Ltd vs Kaiser Norbert pro et noe, the following publication was ordered, in accordance with 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 creditor company to pay penalties to all the applicant debtors in terms of Article 836 (8) of the Code of Organisation and Civil Procedure, Cap. 12 of the Laws of Malta in an amount sum fixed by this Honourable Court. With costs against the respondent.

Notification Respondent: Lexema Ltd, Office 1&2, Triq Birkirkara, St Julian's

Register of the Superior Courts, today 10th October, 2023

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

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 12th October, 2023, on the application of Cortis Rosario (ID 932148M), Thursday, 29th February, 2024, 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 apartment internally marked number two (2), first floor level, in Poppy Court, Triq Francesco Saverio Caruana, Birkirkara, without its airspace, and which forms part of the block of five apartments (including the apartment in question) and which apartment is situated on the right when one looks towards the building from the said street, on the first level underlying and overlying third party property, with an internal area of circa ninety one square metre (91m2) (excluding the walls and the yards/terraces), subject to the servitude of pipes in the internal yard and other yards as resulting from and inherited from its position, with the right of services on the roof and right of access in case of damage and maintenance and is subject to the annual and temporary groundrent (Joint Office) of forty five euro cent (€0.45) part of a larger annual and perpetual groundrent of one euro and forty cent (€1.40) for the remaining period from one hundred and fifty (150) years which commenced from the thirtieth September of the year nineteen hundred and twenty one (30.9.1921), otherwise free and unencumbered, with guaranteed vacant possession, including the use of the common areas together with the other owners of the same block, as indicated in the acts of Notary Dr Bartolomeo Micallef dated twenty fourth September of the year two thousand and twenty (24.9.2020) and is valued at one hundred and seventy five thousand euro (€175,000).

The said tenement is the property of Grech Patrick (ID 149872M) and Attard Helen (ID 345373M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 36/2022.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 13th September, 2023, on the application of Chester Holdings Limited (C74645), Thursday, 14th December, 2023, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

a) The maisonette with official number twenty four (24) and named 'Mary House' and previously named 'Rita', in Triq Sant' Elija, Birkirkara, exempt from the annual and perpetual ground rent payment, today demolished and instead there is an active building permit (PA 6128/19) to construct three (3) apartments, one on each level and a setback apartment on the fourth (4th) floor, and which will have access from the common area and lift from the first floor and therefore not from the ground floor, bounded north with the said street, west with property of Joseph Fenech and east with property of Spiridiona Bezzina or their successors in title or other correct boundaries, overlying third party property, and is valued at three hundred and twenty thousand euro (€320,000).

b) The maisonette with official number seventy two (72), previously numbered twenty letter A (20A), in Triq Clarence, Tal-Pietà, and therefore the airspace from the first floor upwards, with a street entrance, which however, this is subject to the demolition of the present maisonette on the first floor and the same tenement is subject to be re built into a shell form state divided differently as an apartment number one in the complex which is yet to be built, and this according to the active building permit (non executable) PA 8150/20, where the existing maisonette will be demolished and rebuilt into four apartments, one on each floor, and a setback apartment on the fifth (5th) floor, excluding the airspace forming part of the same tenement, between half of the ceiling of the ground floor level till the middle of the ceiling of the first floor level, ossia the airspace measuring circa one hundred and twenty five square metre (125sqm) which once the block is built will be forming apartments internally numbered one (1) forming part of the same block of apartments. The apartments will be having access from a common area and lift from the first floor and therefore not from the ground floor level, is subject to the annual and perpetual ground rent of six euro and ninety eight cents (€6.98) and which tenement is bounded south with the said Triq Clarence, west with the maisonette previously numbered twenty two letter A (22A), and north with the derelict land property of the successors in title of Bernarda Aquilina or more correct boundaries and is valued at two hundred thousand euro (€200,000).

c) One third undivided share of the maisonette number four (4), named Anil, in Triq il-Ħawt, Swieqi, situated on the first floor, with access from Triq il-Ħawt, Swieqi, with its roof and airspace, and which is bounded northwest with Triq il-Ħawt, whilst from the northeast, southeast and southwest is bounded with property of third parties, and is valued at one hundred and ten thousand euro (€110,000).

The said tenement is the property of Mercieca Alexander (ID 85363M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 43/2021.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals