Court Notices published in Government Gazette No. 21,137 of 24th October 2023
Notice 2108
2108It 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 10th October, 2023, and upon an application numbered 1021/2023, ordered:
To the Director of the Public Registry to make the necessary annotation or correction in the Act of Birth bearing number 6877/2020, because in the columns headed: 'Name or names by which the child is to be called and surname', 'the parent (1) Name and surname', and it is also necessary: 'Name and surname of the parents including their surname at birth and whether alive or dead the parent (1a)' the surname 'Mohamed' is cancelled and replaced by the surname 'Mohamad'.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2109
2109By decree issued by the Civil Court, First Hall, Commercial Section, on the 22nd May, 2023, in the acts of the Sworn Application number 6/2023ISB, which was presented on the 24th January, 2023, in the names: BDO Consult Ltd et vs X, the following publication was ordered, in accordance with the 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: In terms of the Article 275 of Cap. 386 of the Laws of Malta issue an order postponing the date on which the name of the company must be deleted from the register.
The Sworn Application in the names mentioned above is postponed to 22nd January, 2024, at 9.32 a.m.
Notification Respondent: Doublet Martin, 8/1, Doumerinc Flats, Triq Franġisk Xerri, Birkirkara
Register of the Superior Courts, today 6th October, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2110
2110By decree issued by the Civil Court, First Hall, Commercial Section, on the 22nd May, 2023, in the acts of the Sworn Application number 5/2023ISB, which was presented on the 24th January, 2023, in the names: BDO Consult Ltd et vs X, the following publication was ordered, in accordance with the 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: In terms of the Article 275 of Cap. 386 of the Laws of Malta issue an order postponing the date on which the name of the company must be deleted from the register.
The Sworn Application in the names mentioned above is postponed to 22nd January, 2024, at 9.32 a.m.
Notification Respondent: Doublet Martin, 8/1, Doumerinc Flats, Triq Franġisk Xerri, Birkirkara
Register of the Superior Courts, today 6th October, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2111
2111ARB/C035/2020 – VARIATION OF A FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 9th October, 2023 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 466/2020, in the case:
The Police
(Inspector Oriana Spiteri)
(Inspector Keith Mallan)
(Inspector Danilo Francalanza)
Versus
ANTHONY MANICARO;
AND
MARY GRACE MANICARO, unemployed, 61 years, daughter of the late Andrea Vella and the late Carmela Vella née Barbara, born in Ħaż-Żabbar, Malta, on the 8th August, 1962, residing at Happy Dreams, Triq id-Dejma, Ħal Tarxien, and holder of Maltese identity card bearing number 514262M.
The Court AUTHORISES the third party to pay the renewal of the motor insurance policy with reference number 401-1127031 held by Elmo Insurance Limited, as well as the relative road license for the vehicle registered in the name of the accused MARY GRACE MANICARO.
This variation is being published in terms of Article 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, following a freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Doreen Clarke, LLD), on the 17th September, 2020, which was published in the Government Gazette on the 22nd September, 2020, 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 Anthony Manicaro and MARY GRACE MANICARO.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 2112
2112ARB/C017/2021 – VARIATION OF SEIZING AND FREEZING ORDER
IT IS BEING NOTIFIED that by a decree dated 23rd October, 2023, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 159/2021, in the case:
The Republic of Malta
Versus
BRIAN TONNA, auditor, 59 years, son of the late Renald and Victoria née Portelli, born in Tal-Pietà, Malta, on the 14th June, 1964, residing at 15, Delano Mansions, Fl 6, Triq Hurds Bank, Marsaskala, and holder of Maltese identity card bearing number 316764M.
MANUEL (EMMANUEL) CASTAGNA;
KARL CINI;
MARIE KATRIN BONDIN CARTER;
K B T HOLDINGS LIMITED;
BT INTERNATIONAL LIMITED;
NEXIA BT LIMITED;
NEXIA BT ADVISORY SERVICES LIMITED;
BTI MANAGEMENT LIMITED;
SPX SERVICES LIMITED;
AND
WILLERBY TRADE INC.
The Court AUTHORIZED the accused BRIAN TONNA to pay a third party society as listed in the Court decree dated 23rd October, 2023 the sum of six thousand and seventy-nine euro (€6,079.00), from the bank account listed in the name of the accused ending in -6311 and which is held at the Bank of Valletta plc.
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 Charmaine Galea, LLD) on the 20th March, 2021, which was published in the Government Gazette on the 26th March, 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 BRIAN TONNA, Manuel (Emmanuel) Castagna, Karl Cini, Marie Katrin Bondin Carter, KBT Holdings Limited, BT International Limited, Nexia BT Limited, Nexia BT Advisory Services Limited, BTI Management Limited, SPX Services Limited, and Willerby Trade Inc.
Mr Anton Sevasta
Director, Asset Recovery Bureau
Notice 2113
2113Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court, on the 15th September, 2023, following a request of Sebastiano Pietro Vicaro et it was ordered that deputy curators be chosen to represent the absentee Ibrahim Yassine and Batoul Yassine, in the records of the Sworn Application 1005/2023TA, in the names Sebastiano Pietro Vicario et vs Daniel Privitera et and Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application, filed in the First Hall Civil Court, in the names Sebastiano Pietro Vicario (ID 368911L) and Claudia Vicario (ID 538275M) vs Daniel Privitera (ID 282396M), Sea Pebbles Properties Limited (C77777), Clayton Caruana (ID 339785M) and deputy curators to represent the absent spouses Ibrahim Yassine (ID 459903L) and Batoul Yassine (ID 284213L), on the 4th September, 2023, the applicants Sebastiano Pietro Vicario (ID 368911L) and Claudia Vicario (ID 538275M) requested with respect this Honourable Court to:
1. Declare that the contract of sale in the records of Notary Dr James Grech dated 27th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine qua sellers and the respondent Daniel Privitera qua buyer was executed fraudulently and to the detriment of the rights of the applicants;
2. Cancel in the interest of the applicants and in so far as it affects the interest of the applicants the contract of sale in the records of Notary Dr James Grech dated 27th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine qua sellers and the respondent Daniel Privitera qua buyer and thus the property subject matter of the contract de quo is returned into the patrimony of the respondents spouses Ibrahim and Batoul Yassine so that the same spouses Ibrahim and Batoul Yassine can carry out the obligations they assumed in the applicants' counter-claim, that is an obligation to repay the money lent to them by the applicants under two contracts of constitution of debt in the total amount of €435,000;
3. Declare that the contract of datio in solutum in the records of Notary Reuben Debono dated 28th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine and the respondent company Sea Pebbles Properties Limited was made fraudulently and to the detriment of the rights of the applicants;
4. Cancel in the interest of the applicants and in so far as it affects the interest of the applicants the contract of sale in the records of Notary Dr Reuben Debono dated 28th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine and the respondent company Sea Pebbles Properties Limited, and thus the properties subject matter of the contract de quo are returned into the patrimony of the respondents spouses Ibrahim and Batoul Yassine so that the same spouses Ibrahim and Batoul Yassine can carry out the obligations they assumed as regards the applicants, or rather an obligation to repay and money lent to them by the applicants, or rather an obligation to repay money lent to them by the applicants under two contracts of constitution of debt in the total amount of €435,00;
5. Declare that the contract of sale in the records of Notary Reuben Debono dated 27th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine qua sellers and the respondent Clayton Caruana qua buyer was made fraudulently and to the detriment of the rights of the applicants;
6. Cancel in the interest of the applicants and in so far as it affects the interest of the applicants the contract of sale in the records of Notary Dr Reuben Debono dated 27th March, 2023, between the respondents spouses Ibrahim and Batoul Yassine qua sellers and the respondent Clayton Caruana qua buyer and thus the property subject matter of the contract de quo is returned into the patrimony of the respondents spouses Ibrahim and Batoul Yassine so that the same spouses Ibrahim and Batoul Yassine can carry out the obligations they assumed as regards the applicants, that is an obligation to repay the money lent to them by the applicants under two contracts of constitution of debt in the total amount of €435,000;
7. Rescind the contracts mentioned in the previous demands;
8. Declare that as a consequence of the actions of the respondents, the applicants suffered damages;
9. Liquidate the damages suffered by the applicant;
10. Order the respondents to pay the damages so liquidated;
11. Give any other direction it deems necessary so that the credit of the applicants can be duly enforced against the respondents spouses Ibrahim and Batoul Yassine.
With costs against the respondents who are from now summoned so that a reference to their evidence be made.
The application in the names Sebastiano Pietro Vicaro et vs Daniel Privitera et, Application number 1005/2023TA, has been postponed for hearing to the 27th October, 2023, at 9.30 a.m.
Applicants: c/o First Floor, Victoria Building, Triq l-Għenieq, Naxxar
Notification: Daniel Privitera (ID 282396M), 192, St Joseph, Triq l-Imsida, Birkirkara
Sea Pebbles Properties Limited (C77777), 89, The Strand, Tas-Sliema
Clayton Caruana (ID 339785M0 – 13, Flat 2, Triq San Bastjan, Valletta
Deputy curators, Law Courts
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Toni Abela, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2114
2114Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 6th September 2023, following a request by Sebastiano Pietro Vicario et it was ordered that deputy curators be chosen to represent the absentees Ibrahim Yassine et in the records of the judicial letter number 3842/2023 in the names Sebastiano Pietro Vicario et vs Deputy Curators and in the other relative and subsequent acts.
By means of a judicial letter filed in the First Hall of the Civil Courts on the 4th September, 2023, by Sebastiano Pietro Vicario (ID 368911L) and his wife Claudia Vicario (ID 538275M) both residing at 30, Insieme, Triq l-Għerien tal-Wied, Mosta, Malta, against deputy curators to represent the absentees spouses Ibrahim Yassine (ID 459903L) and Batoul Yassine (ID 284213L), and by means of this present Sebastiano Pietro Vicario and his wife Claudia Vicario refer to two deeds in the records of Notary Dorian Sciberras which were enrolled in the records of Notary Doctor Luke Caruana, made on the 22nd October, 2019 (Doc. A) and on the 20th December, 2019 (Doc. B) and call upon you so that within two days from the service of this judicial act you pay the sum of €435,000 representing total debt due by you in the same contracts besides legal interest at the rate of 8% per day. the year from 30th June, 2020, in respect of the first deed (regarding the sum of €135,000) and from 30th December, 2020, regarding the second deed (regarding the sum of €300,000).
In default of payment of the amounts above mentioned, the interpellants warn you that further judicial action will be taken against you in execution of their executive title and this without further notice.
So much so that you may know how to regulate yourselves.
With costs
Interpellants: 30, Insieme, Triq l-Għerien tal-Wied, Mosta, Malta
Notification – Deputy curators
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting, or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Josette Demicoli, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2115
2115By a decree of the Court of Magistrates (Malta) of the 27th Settembru, 2023, the publication of the following extract was ordered for the purpose of effecting service on the defendant Mark Camilleri in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).
Prof. Simon Mercieca (ID 87368M) of 48, Carmelina, Triq Ħal Tarxien, Paola, filed an affidavit in tha acts of the application number 121/23RM, on the 29th August, 2023, whereby he declared all the facts of the case against Mark Camilleri (ID 88088M) of 33, Roslin, Flat 1, Triq il-Kapuċċini, San Ġwann, and two documents Doc. SMX and Doc. SM were also filed so that the respondent will be declared by this Honourable Court as the author of the article or post titled The disinformation campaing of Yorgen Fenech, published on the electronic website http://www.markcamilleri.org where the respondent impinged the applicant and this in violation and in terms of the dispositions of Cap. 579 of the Laws of Malta and condemns the respondent to pay that sum that is liquidated by this Honorable Court, in an amount which does not exceed €11,640 in terms of Article 9 of Cap. 579 of the Laws of Malta.
With costs and legal interest against the defandant. The same defandant is from now summoned so that a reference to his oath be made.
The case (Application number 121/23RM) is postponed to the 26th October, 2023, at 9.30 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2116
2116Banns 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 5th of July, 2023, the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, ordered the publication of the extract reproduced below so that for all purposes and effects of law serves as a notification according to article 931 et sequitur of the Code of Organization and Civil Procedure.
By a decree given on the 5th of July, 2023, it was ordered that a deputy curator be chosen according to the law to represent Joseph Galea and unknown persons, in the acts of the sworn application with number 67/2023 (SG) in names 'Maria Carmela sive Marlene Muscat et vs Deputy Curators to represent Joseph Galea, who is absent from the Maltese Islands', which sworn application was presented on the 6th of June 2023 in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.
In the aforementioned sworn application (in terms of article 495A of the Civil Code) the Court's approval is being sought for the sale of the house denominated 'Galea House', and numbered three (3) in Simirat Street, Għajnsielem, Gozo.
You are therefore ordered to affix an official copy of this notice at the entrance of this Court's building and thereby summon anyone who wants to be appointed as curator to appear within six (6) days in this Registry and file 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 above stated timeframe, this Court will proceed to appoint 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, General Section, abovementioned, with the testimony of the Magistrate Dr. Simone Grech, Magistrate of the aforementioned Court.
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 2117
2117By means of a decree of the 13th July 2023 of the Rent Regulation Board, in the records of the Application in the names Theresa sive Tessie Xuereb et vs Alfred Galea, Application number 184/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Alfred Galea 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 Theresa sive Tessie Xuereb (ID 849648M), Rose Mary sive Rosemarie Dalli (ID 157046M), Graziella Arena Dalli (KI 101975M) and Reuben Dalli (ID 314970M) vs Alfred Galea (ID 966150M) filed in the Rent Regulation Board, on the 11th April 2023, the applicants Theresa sive Tessie Xuereb, Rose Mary sive Rosemarie Dalli, Graziella Arena Dalli and Reuben Dalli requested this Honourable Board why it should not:
1. Declare that the respondent Alfred Galea is the lessee of the apartment number 3 and 4 forming part of the block number 290, Manwel Dimech Street, Sliema which lease is subject to the provisions of the Reletting of Urban Property (Regulation) Ordinance, Cap. 69 of the Laws of Malta and Housing (decontrol) Ordinance, Cap. 158 of the Laws of Malta or which one of them;
2. Order the carrying out of the means test, according to law;
3. If the tenant does not satisfy the criteria of the means test, order that the premises be vacated within two years and determine the compensation due during this period in terms of Article 4A(4) of the Reletting of Urban Property (Regulation) Ordinance, Cap. 69 of the Laws of Malta and/or Article 12B (4) Housing (decontrol) Ordinance, Cap 158 of the Laws of Malta;
4. In case the tenant satisfies the means test revise the lease for an amount not exceeding 2% per annum of the free and unencumbered open market value of the premises and this in terms of Article 4 (b) and 4A of the Reletting of Urban Property (Regulation) Ordinance, Cap. 69 of the Laws of Malta and/or 12B of the Housing (decontrol) Ordinance, Cap. 158 of the Laws of Malta.
With costs against the respondent from now summoned so that a reference to his oath be made.
Applicants: Theresa Xuereb sive Tessie, 290, Apartment 1 and 2, Triq Manoel Dimech, Tas-Sliema
Rose Mary sive Rosemarie Dalli, 336, Apartement 1 and 2, Triq D'Argens, Gżira
Graziella Dalli, 4 Sqaq San Mikiel, Ħaż-Żabbar
Reuben Dalli, 281, Appartament 7, Triq San Albert, Gżira
respondent: Alfred Galea, 290, Flat 4, Triq Manwel Dimech, Tas-Sliema
Housing Authority
The application in the names Theresa sive Tessie Xuereb et vs Alfred Galea, Application number 184/2023JG, has been postponed for hearing to the 3rd November, 2023, at 10.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2118
2118By means of a decree of the 12th September, 2023, of the Rent Regulation Board, in the records of the Application in the names Paul Deguara Caruana Gatto vs Theodora Vassallo et, Application number 115/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Theodora Vassallo 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 Paul Deguara Caruana Gatto (ID 402459M) vs Theodora Vassallo (ID 75957M) and Housing Authority as intervener in the case filed in the Rent Regulation Board, on the 2nd March 2023, the applicant Paul Deguara Caruana Gatto (ID 402459M) requested this Honourable Board why it should not:
1. Order the payment of an increase in the amount of rent payable by the respondent Vassallo for the premises with address 31, Flat 7, Frederick Street, Valletta, during the hearing of this application, and this in terms of Article 4A(6) of Cap. 69;
2. Order that the means test of income and capital of the respondent be carried out and this in terms of Article 4A of Cap. 69;
3. In case the respondent does not satisfy the means test, order the respondent to vacate the premises 31, Flat 7, Triq San Federiku, Valletta, within two years from the date of this application or more precise date and fix a revision of the rent payable by the respondent and this according to Article 4A(4) of Cap 69;
4. In case the respondent satisfies the means test, order a revision of the rent, which rent as increased shall increase according to the provisions of Article 4A(7) and determine those new conditions according to Article 4A(2) and this subject to the appointment of technical members.
With costs and legal interest. Reserving and without prejudice to all the rights due to the applicant as owner of the premises including those of a constitutional nature and without prejudice to any pending procedures as well as reserving all his rights against the respondent including for any breach of the conditions of the lease.
Applicant: Paul Deguara Caruana Gatto, 446, Triq San Pawl, St Paul's Bay
Respondent: Theodora Vassallo, 31, Flat 7, Triq San Frederiku, Valletta
Housing Authority
The application in the names Paul Deguara Caruana Gatto vs Theodora Vassallo et, Application number 115/2023JG, has been postponed for hearing to the 30th October, 2023, at 10.25 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2119
2119By means of a decree of the 11th July, 2023, of the Rent Regulation Board, in the records of the Application in the names Carmela Falzon vs Geralda Helen Camilleri, Application number 112/2023JG, the following publication was ordered for the purpose of effecting service on the respondent Geralda Helen Camilleri 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 Carmela Falzon (ID 0419932M) vs Geralda Helen Camilleri (ID 0543481M) and Housing Authority filed in the Rent Regulation Board, on the 1st March, 2023, the applicant Carmela Falzon (ID 0419932M) requested this Honourable Board why it should not:
1. Orders that the means test of the respondent Geralda Helen Camilleri be carried out based on the means test set out in the Rules of the Continuation Tenancies (Means Testing Criteria), issued under Article 1622A of the Civil Code and any regulations which may from time to time replace them and which shall be based on the income of the lessee between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and carried out with particular reference, inter alia, to regulations 4 to 8 of the Rules of the Continuation Tenancies (Means Testing Criteria) which shall apply mutatis mutandis in this case.
2. Declare and decide that in terms of Act XXIV of 2021, the rent of the premises number 64, apartment 3, Triq San Franġisk, Senglea, is to be revised to an amount not exceeding 2% per annum of the free and unencumbered value of the applicant's property on the open market and to establish new conditions regarding the lease.
3. Order and condemn the respondent Camilleri to start paying this increased rent in terms of Act XXIV of 2021, with effect from the filing of this application;
4. Order in case the respondent Camilleri does not satisfy the criteria of income and capital of the means test, her eviction from the premises in question within a short and peremptory time established by this Board and not later than two years from the 1st June, 2021.
With costs and the respondent is from now summoned so that a reference to her oath be made and this without prejudice to any other action that may be filed.
Applicants: 18, Dolores Grazia, Triq Alexandra, Ħal Qormi
Respondent: Geralda Helen Camilleri, 64, Flat 3, Triq San Franġisk, Senglea
Housing Authority
The application in the names Carmela Falzon vs Geralda Helen Camilleri et, Application number 112/2023JG has been postponed for hearing to the 30th October, 2023, at 10.00 a.m.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2120
2120By means of a decree of the 21st July 2023 of the Civil Court (Family Section), in the records of the Application in the names Rachel Laus vs Sami Al Smadi Mahmoud Ahmad, General Application number 139/2023AL, the following publication was ordered for the purpose of effecting service on the respondent Sami Al Smadi Mahmoud Ahmad in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
By means of a general application number 139/2023AL in the names Rachel Laus (ID 0381785M) vs Sami Al Smadi Mahmoud Ahmad (ID 0067387A), filed in the Civil Court (Family Section), on the 16th March, 2023, the applicant Rachel Laus requested this Honourable Court to authorise her to submit on her own the Form TT in the name of the minor in terms of Article 4 (8) of the Civil Code, so that the surname of the minor is read Laus instead of Al Smadi Laus and this without the necessity of the father's signature.
Saving any appropriate and opportune provision that this Honourable Court deems fit to impose.
Applicant: 398, Triq il-Kbira, Ħal Qormi
Notification: Sami Al Smadi Mahmoud Ahmad, 4, Sqaq Sant'Agatha, Rabat
Civil Court (Family Section), the Honourable Madame Justice Abigail Lofaro, LLD, Stud. Rel. Mag. Jur. (Eur. Law)
General Application number 139/2023
The Court,
Having seen the general application of Rachel Laus of the 16th March, 2023,
Orders the notification to the counterparty and the Director of Public Registry with five (5) working days within which to submit a reply.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2121
2121By means of a decree of the 3rd October, 2023, in the records of the judicial letter number 3184/2022, in the names Foundation for Tomorrow's Schools vs Made Studio et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Made Studio, Architect Frank Ellul and Architect Luke Lapira in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To: Made Studio (LPA 78) of 8 Parish Street, Msida, Malta
Architect Frank Ellul (ID 195977M) of 34, Da Vinci, Flt 2, Triq Vittorio Cassar, Marsaskala, Malta
Architect Luke Lapira (ID 0015891M) of 24, Qrib Sant'Anton, Ħ'Attard, Malta
Luca Galea
Gometrik Limited
By means of this present the foundation holding the name Foundation for Tomorrow's Schools (FTS) with registration number LPF-354, with address Triq Sir Adrian Dingli, Pembroke, Malta, once again is referring you to the works and services of an architect as well as to the direction and execution of the same work, commissioned to you by the same foundation in relation to the construction and all works related to the new building intended for Msida Primary School.
That as has already been communicated to you, it is stated that the same works and services related to the profession of architect as commissioned, were not executed as required by the standard of this profession but were executed with lack of absolute diligence, negligence and carelessness which goes beyond the diligence required by the art and profession of an architect – especially but not limitedly regarding mistakes in the structural design and of design and supervision and verification – and this to the absolute detriment of the same applicant foundation;
That furthermore it is stated that the manner in which the execution of the work was directed does not reflect the standard requested at law, to the further detriment of the same foundation – and this such that this damage is here being claimed and the payment therefor is being solicited;
That thus the interpellant is soliciting you so that within one week from the date of service of this judicial letter you come forward for the liquidation and payment of any damages caused to the same foundation due to negligence and carelessness by which the works were attributed on this site, as well as to the lack of skill and art required by the profession of an architect;
That in default of complying with such liquidation and payment of damages within one week from the date of service of this letter, the interpellant shall take the necessary judicial steps towards such liquidation and payment including those steps to ensure you make good for the damages suffered and which they still have to suffer due to such negligence.
With costs and any interest and saving the action for damages suffered by the applicants.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2122
2122By means of a decree of the 16th December, 2022, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2155/2022 in the names Automated Revenue Management Services Limited noe vs Peter Falzon, the following publication was ordered for the purpose of effecting service on the respondent Peter Falzon in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To Peter Falzon (ID 535060M) of 44, Fusina, Triq Ġorġ Zammit, Ħ'Attard
By the present, Automated Revenue Management Services Limited (C 46054) 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 €4,447.80, 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 and which amount consists of the following:
i. As for bill number 101000086776 the amount of €3,714.87 regarding the premises with address 102, Villa Fosina, Triq Ġorġ Zammit, Ħ'Attard, and
ii. As for bill number 101000097295 the amount of €732.93 regarding the premises with address FAYE, Triq Santa Katarina, Ħ'Attard
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
Notice 2123
2123By means of a decree given on the 4th August, 2023, in the records of the judicial letter number 1450/2023, in the names the Permanent Secretary in the Ministry for Health vs Diksha Amarnani, the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Court of Magistrates (Malta) against Diksha Amarnani (ID 175622A) of Berry's Court, Flat 6, Triq Zakkew, Msida, on the 15th May, 2023, thePermanent Secretary of the Ministry for Health of 11, Castellania, Triq il-Merkanti, Valletta, solicits you so that within one week from this letter you pay the amount of €10,382.40 representing overpayment done from Mater Dei Hospital. Any payment has to be addressed to the Cashier Malta Government – Ministry for Health, and sent/taken in the Finance Department of Mater Dei Hospital.
In default the interpellant shall proceed furtherly against you without further notice with the issuance of the opportune warrants according to law.
This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.
So much for your own guidance
With interest and costs of this present till the effective payment.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2124
2124By decree given by the Civil Court, First Hall, on the 10th October, 2023, on the application of Sammut Mark (ID 155773M) and on request of HSBC Bank Malta plc (C3177), Thursday, 22nd February, 2024, at half past ten in the morning (10.30 a.m.), has been fixed for the sale by auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:
The airspace of a footprint area of circa one hundred and sixty square metre (160sqm) of a block of apartments, without number, and named Medina Court, in Triq il-Qoton, Naxxar, without imposed burdens or servitudes and is valued at one hundred thousand euro (€100,000).
The said tenement is the property of AL Investments Limited (C7715).
N.B. The said tenement will be sold as described in the acts of judicial sales number 5/2019.
Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals
Notice 2125
2125By decree issued by the Civil Court, First Hall, on the 15th May, 2023, in the acts of Sworn Application number 134/23FDP, which was presented on the 7th February, 2020, in the names: Ellul Francis pro et noe et vs Debono Frances, the following publication was ordered, pursuant to Article 495A et sequitur of Cap. 16 to serve as a notification against the respondents.
In the First Hall of the Civil Court
Francis Ellul (ID 425845M) in his own name and as representative of the absent Domenic Ellul (Australian passport number N8321241, Brian Ellul (ID 119675M)) in his own name and as representative of the absent Mary Annie Tonna, Alfreda Ellul (ID 29056M) as representative of the absent Maria Brincat, Adrian Ellul (ID 413081M), Maria Theresa sive Marthese Farrugia (ID 664662M), Francis Sultana (ID 297465M), Alexander Sultana (ID 383568M), Emmanuel Ellul (ID 770955M), Carmel Sultana (ID 533663M) and Mark Sultana (ID 387971M).
vs
Frances Debono
Application of Francis Ellul (ID 425845M) in his own name and as representative of the absent Domenic Ellul (Australian passport number N8321241, Brian Ellul (ID 119675M) in his own name and as representative of the absent Mary Annie Tonna, Alfreda Ellul (ID 29056M) as representative of the absent Maria Brincat, Adrian Ellul (ID 413081M)), Maria Theresa sive Marthese Farrugia (ID 664662M), Francis Sultana (ID 297465M), Alexander Sultana (ID 383568M), Emmanuel Ellul (ID 770955M), Carmel Sultana (ID 533663M) and Mark Sultana (ID 387971M),
Respectfully exhibit:
That the contenders jointly own the maisonette house and two garages all with the official numbers seventeen (17), nineteen (19) and twenty one (21), including the air and their relative basements, however in part superimposed on a garage owned by third parties in Triq G. Trigance, Ħal Luqa as subject to the annual and perpetual and non-revisable rent of €41.93, otherwise free and clear with all its rights;
That in effect this property was inherited by the contenders after the death of Francesco and Christine Ellul spouses who died on 26th July, 1990, and 3rd March, 1993, respectively and therefore it has been held for more than three years;
That the applicants have agreed with contractors, namely companies Leobrant Properties Limited (C63814) and Avalon Developments Limited (C75774) to develop this property in partnership between them and for this purpose they have agreed to sell an undivided half of this property to companies Leobrant Properties Limited (C63814) and Avalon Developments Limited. Eventually, they signed an agreement on the 14th December, 2021, where they committed themselves to sell and transfer this undivided half (1/2) to the companies Leobrant Properties Limited (C63814) and Avalon Developments Limited (C75774) and this results from the attached copy of an agreement signed before the Notary Dr Jean Paul Farrugia. A copy of this agreement is being exhibited as Doc. A. This agreement was extended by means of a writ dated 31st October, 2022 (Doc. B);
Therefore the applicants are not in a position to sell the whole of the undivided half (1/2) of the building mentioned given that there is a portion of two fifteenths (2/15) of the said property belonging to the respondent. The respondent is refusing to sign without any valid reason in law;
That it is said that the sale in question is advantageous for all parties;
That the claimants point out that there are no proceedings before any other Court regarding this property;
That therefore the same plaintiffs are, through today's procedure, prevailing from Article 495A of the Chap. 16 of the Laws of Malta in order to be authorized to proceed with the sale in question by our honorable Court;
That contextually with the present sworn application, the plaintiffs are presenting their declaration according to the law in the sense that they agree with the same sale in terms of the presented agreement and also here is attached a declaration in terms of Article 495A(4) of Cap. 16 of the Laws of Malta (Doc. B to K);
To which is also attached a prospectus indicating the applicant's shares (Doc. L) and a family tree (Doc. M).
Therefore, the same plaintiffs respectfully request that the Honorable Court responds for the reasons stated:
1. Authorise the total sale of half (1/2) of the undivided maisonette house and two garages all with the official numbers seventeen (17), nineteen (19) and twenty one (21), including the space about the premises and their relative sub-floors, but in part superimposed on a garage owned by third parties in Triq G. Trigance, Ħal Luqa, as envisaged by P in this application and in the said agreement;
2. Establish the date, time and place where the sales contract should be made;
3. Appoint the Public Notary Dr Jean Paul Farrugia in order to publish the relative public act;
4. Instructs and orders the Public Notary Dr Jean Paul Farrugia in question is allowed to deposit the share expected to the respondent from the proceeds of the said sale under the authority of the Court.
And this under any other provisions that it deems appropriate and opportune.
With costs
Adv. Franco Debono, 1, Triq id-Dejqa, Valletta
Adv. Marion Camilleri 1, Triq id-Dejqa, Valletta
Adv. David Camilleri, 51, Triq San Kristofru, Valletta
Plaintiff: c/o Alex Sultana, Blk 25B, Flat 3, New Street, Ħal Luqa
Respondent: Ellis Court, Flat 4, Triq il-Qbajjar, Żebbuġ, Gozo
The Sworn Application in the names mentioned above is adjourned to 21st November, 2023, at 9.30 a.m.
Register of the Superior Courts, today 11th October, 2023
CARMEL ABELA, M.SC. IN MANAGEMENT, DPA, DIP. LAWS OF PROCED. (MELIT.)
For the Registrar, Civil Courts and Tribunals
Notice 2126
2126By means of a decree of the 31st August, 2023, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 2464/2020, in the names Commissioner of Revenue vs Michael Asciak, ordered the following publication for the purpose of service in terms of Article 187(3) of Cap. 12.
By means of a judicial letter filed in the Courts of Magistrates (Malta) against Michael Asciak (ID 286290M) of Hedera Bramble Garlands, Triq Wied Għollieqa, San Ġwann, on the 26th November, 2020, the Commissioner of Revenue of Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €800.73 due as tax on documents and transfers and/or additional tax and/or interest according to the Demand Notice for Payment here attached and marked as Doc. C.
Because you failed to pay the amount due although a demand for payment was made (see the same Doc. C above mentioned), the interpellant warns you that if you fail to pay the amount in the time given, he will proceed for the execution of his executive title given in terms of Article 60A of the Act regarding the Tax on Documents and Transfers (Cap. 364 of the Laws of Malta).
Pay the costs of this act
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2127
2127By means of a decree of the 18th August, 2023, in the records of the judicial letter number 1530/2023, in the names Miklos Schembri vs Alex Mercieca, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of Cap. 12.
In the First Hall of the Civil Court
To Alex Mercieca (ID 85363M) of 4, Anil, Triq il-Ħawt, Swieqi
By means of this present, Miklos Schembri (ID 42890M) of 10, Sam Flats, Flat 1, Triq it-Tin, Ħal Qormi, whilst referring to the notarial deed in the records of Notary Public Dorian Sciberras on the 27th April, 2021, by means of which you constituted yourself sure, true and liquid debtor towards the interpellant in the sum of €17,000, which sum had to be paid by the 30th June, 2021, you are soliciting so that by not later than two days from the service of the present you pay the sum of €17,000.
In default the interpellant shall proceed further according to law for the execution of his title, under mentioned.
This judicial letter is being made for all intents and purposes of law, including those contemplated in Article 256 of the Code of Organisation and Civil Procedure.
So much so that you may know how to proceed
With costs and interest as stipulated in the notarial act above mentioned.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2128
2128By means of a decree of the 25th July, 2023, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1350/2023 in the names UNEC Servicing Ltd vs GEA Transports Ltd, the following publication was ordered for the purpose of effecting service on the respondent company GEA Transports Ltd in terms of Article 187(3) of Cap. 12.
In the Court of Magistrates (Malta)
To GEA Transports Ltd of 8, San Paolo Court, Flat 1, Triq l-Immakulata, Marsaskala
By the present, UNEC Servicing Ltd (C17894) of Bonnici House, Triq is-Sardin, Burmarrad, calls upon you so that you forward within four (4) days from service of this act for the payment of the amount of €1726.91 value of invoice 68038790 which is better detailed on the said invoice which is in your possession.
Your failure to adhere to the above will constrain sender to proceed judicially, including with the issue of warrants.
For your better guidance
With costs and commercial interest from date of invoice.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2129
2129By a decree of the Court of Magistrates (Malta) of the 14th July, 2023, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).
No Deposit Cars Malta Limited (C85780) of Sharay, Triq il-Fraxxnu, St Julian's, filed a Claim on the 25th May, 2021, whereby they asked the Court to condemn Petru Melinte (ID 0201598A) of Domant Court, Flat 2, Triq l-Iskal, Marsaskala, to pay the plaintiff company the sum of €9,540, which amount is due to the plaintiff company.
With costs and legal interests
The case (Notice number 139/2021VGA) in the names No Deposit Cars Malta Limited vs Petru Melinte, is deferred for hearing for the 6th November, 2023, at 9.50 a.m.
Notification: Petru Melinte (ID 0201598A) of Domant Court, Flat 2, Triq l-Iskal, Marsaskala
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2130
2130It 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 16th October, 2023, and upon an application numbered 893/2023, ordered:
To the Director of the Public Registry to make the necessary annotation or correction in the Act of Birth bearing number 4455/1980 so that the mother's name wherever it appears in the relative column(s) is replaced from 'Censina' to 'Vincenza'.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2131
2131It 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 16th October, 2023, and upon an application numbered 1045/2023, ordered:
To the Director of the Public Registry to make the necessary annotations or corrections as follows:-
i. On the Act of Marriage with the number 1870/2016 the name of the wife is read 'Liezel Galedo' instead of 'Liezel Martinez' and for the surname of the wife adopted with the marriage to be corrected by 'Galedo Sultana' for 'Sultana';
ii. On the Maltese Act of Birth of the applicant's first child bearing number 3251/2016, the applicant's name and surname as a mother are corrected from: 'Liezel née Martinez Galedo' to 'Liezel Martinez' as the name and 'Galedo' as the surname respectively.
iii. On the Maltese Act of Birth of the applicant's second child with number 369/2020, the name and surname of the applicant as the mother are corrected from 'Liezel' and 'Galedo Sultana at birth Martinez Galedo' to 'Liezel Galedo' and 'Sultana at birth Galedo' respectively.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2132
2132It 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 16th October, 2023, and upon an application numbered 1047/2023, ordered:
To the Director of the Public Registry to make the necessary annotation or correction in the Act of Birth number 764/2009 by in the columns headed: 'Names Given' and 'Name or names by which the child is to be called and surname' the name and the surname 'Cathrine Marcele Aquilina' are replaced by the words 'Catherine Marcella Aquilina'.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2133
2133It 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 16th October, 2023, and upon an application numbered 1046/2023, ordered:
To the Director of the Public Registry to make the necessary annotations or corrections in the Act of Birth number 2758/1979 by replacing the applicant's surname 'Benhassen' with the correct surname wherever it appears in the relative column(s) 'Elarbi'.
Court of Revision of Notarial Acts
ADRIAN MICALLEF
Deputy Registrar, Court of Revision of Notarial Acts
Notice 2134
2134By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th January, 2023, Application number 42/2023 by the State Advocate, whereby following the application Mary Zammit wife of Augustine Zammit, daughter of Joseph Coleiro and Carmela Coleiro née Farrugia, born in Ħal Luqa, Malta, on the 22nd January, 1951, aged 71, and who is undercare at Karin Grech Hospital, Gwardamanġa, and holding identity card number 0102151M, was incapacitated by means of a decree given on the 18th January, 2023, under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2135
2135By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 28th November, 2022, Application number 2404/2022 by Maria Anna Chetcuti, whereby following the application Ronald Henry Chetcuti, husband of Maria Anna Chetcuti, son of the late John Charles Chetcuti and Maudie Formosa, born in Wollongong, New South Wales, Australia on the 23rd May, 1955, aged 67, residing in Ħal Tarxien and holding identity card number 395985M, was incapacitated by means of a decree given on the 23rd January, 2023, under the conditions therein mentioned.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2136
2136By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th September, 2023, Application number 1612/2023, by Josette Cutajar et whereby they requested that it be declared open in favour of Maria Dolores Micallef, mother of the decujus in the quota of one half (1/2) undivided share; in favour of Carmen Brincat, Josette Cutajar and Jane Pele sisters of the decujus in the quota of one eighth (1/8) undivided share and in favour of Kimberly Pace and Lisa Marie Busuttil children of the late Maria Assunta Busuttil the latter sister of the decujus in the quota of one eighth (1/8) undivided share between them the succession of Odette Micallef, legally separated from William Mifsud, daughter of the late Victor Micallef and Dolores Micallef née Mifsud, born in Mtarfa, Malta, resided in San Pawl il-Baħar, Malta, and died in San Pawl il-Baħar, Malta, on the 22nd February, 2011, aged 46, and who held identity card number 0147965M.
Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2137
2137By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th May, 2023, Application number 870/2023, by Pauline Aquilina et whereby they requested that it be declared open in favour of Emmanuel Zammit, John Zammit and Calcedonio Zammit, brothers of the decujus in the quota of one fourth (1/4) undivided share each one of them and in favour of Carmelo Zammit, Rosmary Agius, Grace Cutajar, Josephine Bugeja, Pauline Aquilina and Maria Woodward in the quota of one fourth (1/4) undivided share between them the succession of Maria Assunta Zammit, unmarried, daughter of the late Antonio Zammit and Maria Rosa Zammit née Pisani, born in Siġġiewi, Malta, resided in Siġġiewi, Malta and died in San Ġiljan, Malta, on the 8th July, 1995, aged 83, and who held identity card number 0443811M.
Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals
Notice 2138
2138It is hereby notified that by virtue of a decree given on the 20th of October, 2023, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the acts of the prohibitory injunction number 25/2023(SG) in names 'Martha Pantalleresco versus Gloria Camilleri and Skills Properties Limited', filed in the Registry of the said Court on the 3rd of April, 2023, the publication of the extract reproduced below was ordered and this in order to serve as a notification in respect of the respondent company Skills Properties Limited of 79, Triq il-Musbieħ, Naxxar, Malta, and this is in terms of article 187(4) of the Cap. 12 of the Laws of Malta.
In the Court of Magistrates (Gozo), Superior Jurisdiction, General Section
Prohibitory Injunction number 25/2023(SG)
Martha Pantalleresco (identity card number 84844G)
11, Triq Ħamri, Għajnsielem, Gozo
versus
Gloria Camilleri
Two notifications: 1) 39, Triq l-Imrabat, Tas-Sliema, Malta;
2) 107, TriqTa' Bullara, Xagħra, Gozo
Skills Properties Limited, 79, Triq il-Musbieħ, Naxxar, Malta
It is hereby respectfully stated and confirmed an oath:
Whereas the applicant have an interest in having their rights safeguarded;
Whereas the applicant in order to safeguard their rights wish to restrain the respondents from:
Either personally or through third parties carry out any works of any kind on that part of Gloria Camilleri's property in Triq Ħamri, Għajnsielem, Gozo, which is adjacent and/or adjacent to the residential property of the applicant, number eleven (11) Triq Ħamri, Għajnsielem, Gozo, prior that it is ensured that the claimant's rights are being safeguarded and not prejudiced, particularly prior to it being established where the dividing line between the parties' properties should be, and how and where the relative partition wall should be reinstated.
This application for the issue of the prohibitory injunction is being made because the claimants have already abusively demolished a dividing rubble wall between the two properties, without any prior notice, and the relative excavation material has been deposited or dumped in claimants' property, as well as that the terms of the method statement that are supposed to regulate the works as submitted with the Building and Construction Authority (BCA) were ignored.
Rightly, the claimant is also concerned that the respondents will just erect the rubble wall again without having reached an agreement with her, and this to the detriment of her rights. In fact, she has already been advised that these works will proceed without any kind of agreement being reached.
Since the claimant was given to understand that the work will start in the near future, she respectfully pleads with this Honourable Court to uphold this prohibitory injunctin provisionally, until it is definitively decreed.
(signed) Lawyer Dr Georgine Grech
The hearing of the application for the issuance of this prohibitory injunction is deferred for the production of evidence and for oral submissions to the 17th of November, 2023, at noon, in the building of the Court of Gozo, Misraħ il-Katidral, Victoria, Gozo.
Margaret De Battista
Assistant Registrar, for the Registrar, Gozo Courts and Tribunals
Notice 2139
2139By a decree of the Small Claims Tribunal of the 21st August, 2023, the publication of the following extract was ordered for the purpose of service on the respondent Harvin Vassallo in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).
Joe Saija (żid7156M) of 135, Old Mint Street, Valletta, filed a Claim on the 17th August, 2023, whereby he asked the Tribunal to condemn Harvin Vassallo (ID 319589M) of 38, Flat 1, Sqaq it-Torri, Cospicua, to pay the plaintiff the sum of €1,900.39, which amount is due to the plaintiff.
With costs and legal interest
The case (Claim number 291/2023SFJ) is deferred on the 31st October, 2023, at 12.30 p.m.
ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
Notice 2140
2140Banns for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 14th December, 2022, following a request by Francis Deguara et it was ordered that deputy curators be chosen to represent the unknown owners in the records of the schedule of deposit number 2373/2022 in the names Francis Deguara et vs Deputy Curators and in the other relative and subsequent acts.
By means of a schedule of deposit and redemption of groundrent number 2373/2022 in the name of Francis Deguara, pensioner, widower, born in Ħal Balzan and residing in Mosta, son of the late Salvatore Deguara and Maria Stella née Bugeja (ID 592642M); Joseph Deguara, pensioner, married, born in Ħal Balzan and residing in Iklin, son of the late Salvatore Deguara and Maria Stella née Bugeja (ID 893647M); Victor Deguara, pensioner, married, born in Ħal Balzan and residing in Birkirkara, son of the late Salvatore Deguara and Maria Stella née Bugeja (ID 742349M), Emanuel Deguara, pensioner, married, born in Ħal Balzan and residing in Ħal Balzan, son of the late Salvatore Deguara and Maria Stella Bugeja (ID 807755M), Mario Deguara, self-employed, legally seperated, born in Ħal Balzan and residing in Birkirkara, son of the late Salvatore Deguara and Maria Stella née Bugeja (ID 049061M), Grace Camilleri née Deguara, wife of Mariano Camilleri, home maker, born and residing in Ħal Balzan, daughter of the late Salvatore Deguara and Maria Stella née Bugeja (ID 362453M); Pauline Cutajar née Deguara, wife of Saviour Cutajar, home maker, born in Ħal Balzan and residing in Siġġiewi, daughter of the late Salvatore Deguara and Maria Stella née Bugeja (ID 158259M); Daniel Deguara, employed, bachelor, born in Tal-Pietà and residing in Għarb, Gozo, son of the late Raymond Deguara and Dorothy née Mizzi (ID 75986M); Fabienne Deguara, unmarried, employed born in Tal-Pietà and residing in Mosta daughter of the late Raymond Deguara and Dorothy née Mizzi (ID 462388M); Dorothy Deguara, widow of Raymond Deguara pensioner, born in Ħ'Attard and residing in Mosta, daughter of Salvatore Mizzi and Marianne née Mamo (ID 736061M), Joseph Buhagiar, pensioner, widower, born and residing in Ħaż-Żabbar, son of the late Joseph and Maria née Buhagiar, (ID 672145m), Michael Buhagiar, student, born in Tal-Pietà and residing in Ħaż-Żabbar, son of Giuseppe and the late Maria Loreta née Deguara, (ID 0029684M), Maris Bonnici, sign language interpreter, wife of Paul Anthony Bonnici, born in Tal-Pietà and residing in Naxxar, daughter of Giuseppe and the late Maria Loreta née Deguara (ID 250186M); Jason Calleja, self-employed, legally seperated, born in St Julian's and residing in St Paul's Bay, son of Anthony Calleja and the late Maria Annunziata née Deguara (ID 45578M); Simone Abela, wife of Alan Abela, home maker, born in Tal-Pietà and residing in St Paul's Bay, daughter of Anthony Calleja and the late Maria Annunziata née Deguara (ID 395070); Daniela Attard Stubbings wife of Brian Attard Stubbings, home maker, born in Sydney, Australia and residing in St Paul's Bay, daughter of Anthony Calleja and the late Maria Annunziata née Deguara (ID 502189M); Anthony Calleja, pensioner, widower, born in Birkirkara and residing in St Paul's Bay, son of the late Joseph Calleja and Margaret née Camilleri (ID 142145M) vs Deputy Curators to represent the unknown owners filed in the First Hall of the Civil Court on the 7th December, 2022, the applicants Francis Deguara et respectfully submitted:
That in virtue of:
a) a contract of sale dated 6th August, 1961, published by Notary Giovanni Chetcuti, Maria Stella Deguara wife of Salvatore bought and acquired from Giorgio Zarb proprio et nomine who in his own name sold and transferred one eighth (1/8) undivided share to Maria Stella Deguara of the perpetual utile dominium of the mezzanine with adjoining stables in Balzan, Balzan Valley, with their respective doors marked nineteen C and nineteen D (19.C and 19 D) subject to two pounds (£2) per annum rate of perpetual groundrent, and
b) a contract of sale dated 9th July, 1963, published by Notary Giovanni Chetcuti, Maria Stella Deguara, wife of Salvatore bought and acquired from Salvatore Zarb proprio et nomine who in his own name sold and transferred a share of two eighths (2/8) undivided share, in the name of his brother Carlo Zarb sold and transferred a share of one eighth undivided (1/8) in the name of his brother Giuseppe Zarb sold and transferred a share of one eighth (1/8) undivided share and Alfredo Zarb sold and transferred one eighth (1/8) to Maria Stella Deguara the perpetual utile dominium of the mezzanine with adjoining stables in Balzan, Balzan Valley, with their respective doors marked nineteen C and nineteen D (19. C and 19.D) subject to two (£2) pounds per annum rate of perpetual groundrent;
That the remaining share of one eighth (1/8) devolved in favour of Maria Stella Deguara following the death of her parents Francesco and Maria Carmela Zarb in virtue of the will of the 9th March, 1946, in the records of Notary Giovanni Chetcuti by means of which the testators bequeathed to each other the use and universal usufruct of their respective wealth and nominated as their universal heirs their eight children;
That Maria Stella Deguara died on the 15th September 2004 and her inheritance is regulated by a will unica charta in the records of Notary Dr Anthony Gatt of the 5th March, 1973, whereby she left inter alia, the right of use and usufruct of their dwelling house to Mary Carmen Deguara. Her share of this property devolved in favour of her eleven children Francis Deguara, Victor Deguara, Grace Camilleri, Joseph Deguara, Mario Deguara, Maria Loreta Buhagiar, Nancy Calleja, Raymond Deguara, Pauline Cutajar, Emanuel Deguara and Maria Carmen Deguara;
That Raymond Deguara died on the 11th August, 2012, and his inheritance is regulated by means of a will in the records of Notary Dr Anthony Gatt of the 24th November, 2011. His share of this property devolved in favour of his wife Dorothy Deguara;
That Maria Annunziata Calleja died on the 29th December, 2020, and her inheritance is regulated by means of a will in the records of Notary Myriam Spiteri Debono of the 27th March, 2006. Her share of this property devolved in favour of her husband Anthony Calleja;
That Maria Buhagiar died on the 15th March, 2018, and her inheritance is regulated by a will in the records of Notary Paul Pullicino of the 16th June, 1989. She left the usufruct of all her wealth to her husband Joseph Buhagiar and instituted as her heirs in equal shares between them the children Michael and Maria Buhagiar;
That Maria Carmen Deguara died on the 21st September, 2021, and died intestate. Her share of this property devolved in favour of her siblings Francis Deguara, Victor Deguara, Grace Camilleri, Joseph Deguara, Mario Deguara, Pauline Cutajar and Emanuel Deguara, together with the heirs of her predeceased siblings Raymond Deguara, Maria Annunziata Calleja and Maria Buhagiar;
That this groundrent today is equivalent to €4.66;
That the owner of the direct dominium is unknown;
That the applicants wish to avail themselves of the faculty given to them by Article 1501 of the Civil Code to redeem this groundrent;
That the amount of €4.66 capitalised at the rate of 5% amounts to €93.20.
Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the sum of €93.20, which sum is to be freely withdrawn by the respondents after leaving due receipt.
Applicant: Frans Deguara, Tropicana, Triq il-Kostituzzjoni, Mosta
Notification: Director Public Registry, Triq il-Merkanti, Valletta
Registrar of Lands, Triq il-Punent, Valletta
Deputy curators
You are therefore ordered to affix an official copy of these banns at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of curators of office.
And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.
Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Neville Camilleri, LLD, Doctor of Laws.
Alexandra Debattista
For the Registrar, Civil Courts and Tribunals
Notice 2141
2141It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the twenty-seven (27th) of September of the year 2023 (Decree number: 115/2023BS following application number 95/2023(BS) Michelina Xerri, spinster, daughter of the late Frangisku Xerri u Giuseppa née Grech, born in Xewkija, Gozo, and resides in Xewkija, Gozo, holder of identity card number 55243G, has been confirmed interdicted from all acts of civil life.
Antonia Xerri, pesnioner, spinster, daughter of the late Frangisku Xerri u Giuseppa née Grech, born in Xewkija, Gozo, and resides in Xewkija, Gozo, holder of identity card number 5747G, has been nominated as her curator by virtue of the said decree.
Daniel Sacco
For the Registrar, Gozo Courts and Tribunals