Court Notices published in Government Gazette no 21,244 of 17th May 2024

By decree given by the Civil Court, First Hall, on the 29th April, 2024, on the application of Bank of Valletta plc (C2833), Tuesday, 26th November, 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, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta of the following property:

Restaurant on groundfloor level, with an underground level with parts under the groundfloor level and the front garden named Cote d'Azur Restaurant in Triq Tal-Buttar, corner with Triq Sant'Antnin, Marsaskala, excluding its airspace and underlying third party residential apartments built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming parts on the land known as 'Il-Barumbara' sive 'Il-Magħluq', bounded on the north by Triq Sant'Antnin, on the east by a new unnamed road and on the west by property of  Barumbara Limited or its successors in title, or other correct boundaries, with all its rights and appurtenances, as better described in the contract of acquisition of tenth September, nineteen ninety two (10.9.1992) in the acts of Notary Dr Joseph Tabone and is valued at one million and eight hundred thousand euro (€1,800,000).

The said tenement is the property of Geomike Limited (C8820).

N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By a decree of the 16th April, 2024, given by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By the application filed in the First Hall of the Civil Court on the 7th March, 2023, by Demar Properties Limited (C34534) in the proceedings of Judicial Sale by auction number 36/21 in the names of Demar Properties Limited with the registration number C34534 vs Francesco Rugieri (ID 197316A) is asking that:

1. That by means of the estimated value done by the Architect Mary Grace Bezzina through her report filed on the 4th April, 2022, but sworn on the 23rd January, 2023, it was indicated that the value of the property that they are asking to sell by auction is of one million and eight hundred thousand euro (€1,800,000),

2. That however from such a report it does not result as the following factors were taken into consideration, and ie:

i. The expenses that are needed to demolish the existing structure and to dispose of the waste material;

ii. The expenses that are needed for the excavation so the property can be constructed again as per permit approved PA/11105/17;

iii. The expenses needed for the construction of the foundations of the building since this is a building that must be built on clay, where there is no solid rock and in an area that is predisposed to movements in the subsoil;

iv. The fact that excluded from this auction are apartments 9 and 10 which have yet to be developed, which apartments are not owned by the respondent;

v. The fact that the development as approved, cannot be done except by the consent of the owner of the airspace forming part of apartment 9 and 10 and this is because part of the development as approved must be done on the overlying airspace which will be occupied by apartments 9 and 10;

vi. The fact that the development as approved, cannot be done except by the consent of the airspace owner forming part of garage number 7 and this is because part of the development as approved must be done on the overlying airspace that airspace will be occupied by this garage;

vii. The expenses related with the development of the building as approved.

All this is also coming together since this property was sold for the sum of €800,000 on 9th July, 2020. That certainly the market has not developed in such a way that in three years this the property was worth €1,000,000 more.

Accordingly, in terms of Art 308 (4) of the Cap. the exponent company asking to this Honorable Court to order the correction of such valuation to take account of the errors that are mentioned here, at the expense of the registrar.

The Court, having seen the application, orders the notification to the interested parties with one week to reply.

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 16th April, 2024, in the records of Sworn Application number 148/2024JVC, which was filed on the 9th February, 2024, in the names: Frendo Suzanne et vs Fenech Anthony et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondents. The applicants asked this Honourable Court to, among others: Condemn the respondents to pay the amount liquidated by the appointed architects, as well as other damages suffered by the same applicants. With all 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 adjourned for hearing on the 28th May, 2024, at 9.00 a.m.

Notify Respondents: Fenech Anthony and Fenech Francesco, Blockrete, Triq il-Mosta, Ħal Lija

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 7th March, 2024, in the records of Sworn Application number 1362/2023DC, which was filed on the 30th November, 2023, in the names: Aquilina Federica vs T.I.T.D. Limited et, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondents. The applicant asked this Honourable Court to, among others: Condemn the respondents or either of whom to pay the applicants these liquidated damages. With costs and legal interest against the respondents who are summoned so that a reference to their evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 6th June, 2024, at 9.15 a.m.

Notify Respondents: Zerafa Kurt and Zerafa Esmeralda, Lorret de Mar, Triq il-Gross, Marsaskala

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th of May, 2024, given on an application of Maria Spiteri et, filed on the 3rd of May, 2024, in the records of application number 102/2021BS wherein it was ordered the publication of the inventory of the estate of the late Joseph Spiteri (ID 303259M), married to Maria Genesia sive Marnese née Camilleri, was son of the late Francis Spiteri and Carmela Spiteri née Zammit, born in Tal-Pietà, Malta, and died in Victoria, Gozo, on the 10th of July, 2021, aged 62 years.

This publication is going to be held on Tuesday the 28th of May, 2024, at eleven in the morning (11.00 a.m.) at Ta' Mliet Court, Triq Ġorġ Borg Olivier, Victoria, Gozo, under the ministry of Notary Dr Anna Maria Mizzi.

Daniel Sacco

For the Registrar Civil Court and Tribunals                  

By means of a decree delivered, by the Court of Appeal, Superior Jurisdiction, on the 22nd February, 2024, in the records of Application number 526/2015 in the names Marija Zammit vs Jane Busuttil and her husband Nazzareno Busuttil and by decree of the 21st November, 2017, Jason Busuttil and Jacqueline Leonard, heirs of the late Giovanna sive Jane Busuttil assumed the records of the cause and this after the death of the said defendant Giovanna sive Jane Busuttil, whereby the following publication was ordered for the purpose of service of Jason Busuttil, Jacqueline Leonard and Nazzareno Busuttil in terms of section 187(3) et sequitur of Cap. 12.

By means of Appeal Application number 526/2015 in the names mentioned filed on the 1st November, 2019, the appellant Marija Zammit felt aggrieved by the judgment delivered on the 21st October, 2019, since it applied the wrong threshold when it linked everything to paragraph (e) of section 688 of Cap 9, namely the prescriptive period for minor offences and thus concluded that the prescriptive period applicable to the present case is that of two years whereas in reality the penalty applicable by virtue of the Criminal Code is precisely that referred to in section 218 and not the penalty of a few months mentioned by the Court of First Instance.

Therefore, the exponent appellant, whilst appealing against the judgment delivered on the 21st October, 2019, in virtue of which the Honourable First Court upheld the third plea raised by the defendants and declared the plaintiff's action as prescribed and dismissed her claims with costs, and whilst refering to the evidence produced, amongst which the report by the medical expert, respectfully requests that this Honourable Court upholds this appeal, revokes, cancels and annuls the judgment appealed and proceeds to reject the third plea raised by the defendants based on the two-year prescriptive period and thus it upholds the plaintiff's claims with all costs against the defendants.

Application number 526/2015 in the names Marija Zammit vs Jane Busuttil et has been deferred for hearing to the 30th May, 2024, at 9.00 a.m.

Notification: Nazzareno Busuttil (ID 788049M), Scorpio House, Triq l-Iskola, Ħal Safi

Jacqueline Leonard (ID 393576M), Serenity, Triq Tal-Palma, Ħal Safi

Jason Busuttil (ID 483172M), Pres De Carubier, Triq Ġwann Zammit, Ħal Safi

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

By a decree of the 10th of April, 2024, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

That by the application filed by Vodafone Malta Limited (C 10865) on the 11th of November, 2022, is asking for the withdrawal of the amount of one thousand, sixty eight euro and sixteen cents (€1068.16) deposited by the Schedule of Deposit number 2449/2022 in the names of:

Vodafone Malta Limited presently Epic Communications Limited (C 10865) vs Adam Callus (ID 110391M)

The Court ordered the notification to the respondent with ten (10) days to file a reply, from it's notification.

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Matthew Agius (ID 106774M) filed an application under oath (number 497/2024JVC) demanding the correction of the Act of Public Registry number 1067/1974 in the Public Registry.

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

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

By order of the Court,

Cora Catania

For Registrar, Civil Courts and Tribunals

ARB/C030/2024 – FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 24th February, 2024, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Noel Bartolo, LLD). Compilation Number 155/2024, in the case:

The Police

(Inspector Marshal Mallia)

Versus

MARCOGIUSEPPE PASSANINI, online dealer, 22 years, son of Giovanni Salvatore and Maria Angela Messina, born in Sicily, Italy, on the 4th August, 2001 without a fixed address in Malta and holder of Italian identity card bearing number CA97153HC.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to MARCOGIUSEPPE PASSANINI and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, and this in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORISED the said accused to receive the amount established by the Minister by order in the Government Gazette of Malta No. 21,191 through Legal Notice 31 of 2024 – Establishment of Maximum Amount which may be Released to Persons who are Subject to Attachment Orders or to Seizing and Freezing Orders under the Proceeds of Crime Act Order, 2024, of twenty-one thousand, nine hundred and forty-five euro (€21,945) annually, after the accused indicates with a note from where he is perceiving this money, including the source, method and other modalities of payments including salary, wages, pension and/or social security benefits. Provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken.

Any person who acts in contravention of the court order as mentioned in Article 22A, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

Mr Anton Sevasta

Director, Asset Recovery Bureau

By decree given by the Civil Court, First Hall, on the 14th May, 2024, on the application of Bank of Valletta plc (C2833), Tuesday, 25th June, 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.

Tenement numbered fifty four (54) previously numbered seventy two (72) in Triq Santa Marija, Ħaż-Żebbuġ, Malta, including its airspace and the underlying basement, with a well in common with the adjacent properties previously numbered seventy one (71) and seventy three (73) respectively, with the wellhead in the entrance as described in the acts of Notary Doctor John Spiteri dated thirtieth (30) July of the year nineteen hundred and ninety seven (1997), free and unencumbered and valued at eight hundred and fifty thousand euro (€850,000).

The said tenement is the property of Gouder Maria Gloria (ID 499159M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 52/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 27th November, 2023, in the records of Sworn Application number 583/2023AB, which was filed on the 8th June, 2023, in the names: Camilleri Neil et vs Fenech Marija, the following publication was ordered, in terms of Article 187 (3) et sequitur of Cap.12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn and order the respondent so that at her expense and within a short and peremptory period she carries out the works mentioned. With all costs against the respondent who is summoned so that a reference to her evidence be made.

The Sworn Application in the names mentioned above is postponed to 1st July, 2024, at 9.20 a.m.

Notify Respondents: Fenech Marija, Penthouse, 27C, Lotus, Triq Ganu, Birkirkara

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court, First Hall, on the 12th January, 2024, in the records of Sworn Application number 580/2023MS, which was filed on the 8th June, 2023, in the names: Debono Anthony et vs Callus Christian, the following publication was ordered, in terms of Article 187 (3) et seq. of Cap.12 for the purpose of service of the respondent. The applicants asked this Honourable Court to, among others: Condemn the respondent to pay all the pending debt. With all costs and interest against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is postponed to 1st July, 2024, at 9.30 a.m.

Notify Respondent: Callus Christian, 43, Flat 4, Triq l-Isptar, Valletta

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

For the Registrar, Civil Courts and Tribunals

By means of a decree delivered by the Court of Appeal, Superior Jurisdiction, on the 15th April, 2024, in the records of the application number 669/2014 in the names Advocate Dr Malcolm Cassar (ID 0630982M) vs Edrichton Estates Limited (C23156), the following publication was ordered for the purpose of service of the said Malcolm Cassar in terms of section 187 (3) et sequitur of Cap. 12.

By means of an Application for a New Trial number 669/2014 by Edrichton Estates Limited filed on the 13th February, 2024, in the names premised by means of which the said company Edrichton Estates Limited, here the plaintiff, is asking for the annulment and new trial of the cause decided by the judgment of the Court of Appeal on the 15th November, 2023, in the names premised. The plaintiff is asking for a new trial of the judgment of the 15th November, 2023, on the basis of error under section 811(l) and a wrong application of the law on the basis of section 811(e) of Cap 12 of the Laws of Malta.

Therefore, the plaintiff company respectfully requests this Honourable Court of Appeal to rescind and cancel the judgment above mentioned delivered by the Court of Appeal in the names premised dated 15th November, 2023, and consequently order the new trial of the same cause according to law, with costs and with reference to the respondent's oath.

Application number 669/2014 in the names Advocate Dr Malcolm Cassar (ID 0630982M) vs Edrichton Estates Limited (C23156) has been deferred for hearing to the 4th June, 2024, at 8:55 a.m.

Notification: Adv. Malcolm Cassar, 20 The Yellow House, Triq l-Isturjun, Qawra

Dr Franco Bondin, LLD, M. Jur.

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by virtue of a decree issued on the 8th of May, 2024, given by the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, in the sworn application in terms of article 495A of the Civil Code, bearing reference number 130/2022(SG) in names 'Lewis Formosa et versus William Formosa et', filed in the Registry of the said Court on the 25th of November, 2022, the publication of the extract reproduced below was ordered in order to serve as notification with respect to the following persons who are respondents in the same application:

1. Helen Vella, Flat 4, Waterloo Flats, Triq Damasku, Buġibba;

2. Mariella Falzon, La Rochelle, Triq Inguanez, Rabat, Malta;

3. Patrick Formosa, Patross, Triq Wignacourt, Birkirkara;

4. Ludovina Bartolo, 27, Triq Fatima, Nadur;

5. Formosa Savior, Hacienda, Triq Ġużè Ellul Mercer, Nadur;

6. Maria Assunta Sultana,Liberty, Triq Karmni Grima, Għarb;

7. Mario Grech Xerri, 59, Triq San Ġorġ, Victoria, Gozo,

and this is in terms of article 187(3) of Cap. 12 of the Laws of Malta.

By virtue of an application filed in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, application number 130/2022 SG (in terms of article 495A of the Civil Code) in the names 'Formosa Lewis, et vs William Formosa, Savior Formosa, Maria Assunta Sultana, Joseph Formosa, Joanne Saliba, Patrick Formosa, Carmen sive Lina Dimech, Mary Assunta Farrugia, Joseph Formosa, Maria Assunta Custò, Antonia Magri, John Piscopo, Mario Grech Xerri, Ludovina Bartolo and deputy curators to represent the expatriates: Assunta Galea wife of Gratius Galea, Maria Carmel sive Marlene Scicluna, the unknown heirs of Maria Mercieca, Theresa Bartolo, the unknown heirs of Nicolina Xerri née Formosa wife of Joseph Xerri, the unknown heirs of Nazzarena Cauchi is being asked that the Court declare that the price of four hundred and eighty thousand euros (€480,000) as well as the conditions proposed for the sale by all applicants to Excel Investments Limited, of quotas belonging to them from the portion of land, together with any developments on it, known as 'Tal-Wilga', in Triq Karmni Grima, Għarb, Gozo, measuring approximately five hundred and forty six square meters (546 m2) bordering from the northwest with the said road, from the west with the property of the heirs of Joseph Formosa, and from the south-east with the property of Cristinu Apap and this in terms to the promise of sale agreement signed on the 19th of September, 2022, they are good and appropriate and that the same price and conditions should apply to the sale of the remaining quotas, prior, if necessary, that the property is valued by an architect and civil engineer; and therefore approves the proposed sale, and orders the publication of the deed of sale also for what relates to the quota pertaining to the respondents, on a day, time and place to be appointed by a public notary to publish the relative deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

This application is adjourned for hearing for the 29th of May, 2024, at 9.50 a.m.

Margaret De Battista

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

It 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 9th May, 2024, and upon an application numbered 213/2024, ordered:

To the Director of the Public Registry so, when he comes to register the Act of Birth of Maria Teresa Carubio Borg, in Malta, make the necessary annotation or correction in the Act of Birth so that her second name is changed from 'Zambrano' for 'Carubio'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It 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 9th May, 2024, and upon an application numbered 446/2024, ordered:

To the Director of the Public Registry to make the necessary annotation or correction in the Act of Marriage number 2854/2023, so that the surname of the woman adopted after the marriage is changed from 'Yuzyk' to 'Kozhemiako'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It 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 9th May, 2024, and upon an application numbered 423/2024, ordered:

To the Director of the Public Registry to make the necessary annotation or correction, in the Act of Marriage number 1226/2004, to correct the name of the wive's parents from 'Pert Vasilievich' and 'Anastasiya Dmitrievna' to 'Petro Vasylovych' and 'Anastasiia Dmytrivna' respectively.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

It 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 9th May, 2024, and upon an application numbered 445/2024, ordered:

To the Director of the Public Registry so, when he comes to register the Act of Birth and the Act of Marriage of Zandra Mendoza Ty in Malta, make the necessary annotation or correction in the Act of Birth and the Act of Marriage to change her second name from 'Chung' to 'Mendoza'.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

By decree given by the Civil Court, First Hall on the 29th April, 2024, on the application of HSBC Bank Malta plc (C 3177), Thursday, 18th July 2024 at eleven in the morning (11.00 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 numbered six (6) situated at third floor level, forming part of a block of apartments numbered fifty-six (56), in Triq Sliema, in Gzira, overlying and underlying third party property, with the main access to the property is from Triq Tas-Sliema and the main door may be accessed from a common area situated at the same street. The apartment forms part of a block of garages at basement level, two offices that have a separate access from the common area, and apartments belonging to third parties with access from this same common area and a stairwell that has a lift, which is used by all the apartment owners in the block. The apartment has a balcony on its front and back side and the drainage and water services, which are common to the entire block, all run from the internal and back yard of the block. All the units in the block have windows overlooking these same yards. Included with this apartment is the relative share of the common parts of the block (not including the roof and the airspace). This apartment has the right to install and maintain a water-tank on the roof of the said block and participate in a communal satellite dish located on the roof of the said block, free and unencumbered, and as described in the acts of Notary Mark Abela dated twenty seventh of August, of the year two thousand and ten (27.8.2010) and is valued at two hundred and ninety five thousand euro (€295,000).

The said tenement is the property of Orsola Maneri (Italian ID number AY 5921618) and Vincenzo Emmanuele Maneri (Italian ID number AY 9851799) and by decree dated 27th October, 2023, Dr Mark A. Mifsud Cutajar and LP Hilda Ellul Mercer were nominated as deputy curators for the absents.

N.B. The said tenement will be sold as described in the acts of judicial sales number 35/2023.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

Notice in terms of article 495A of the Civil Code

Issued by the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Application number: 21/2024

Application in terms of Article 495A of the Civil Code

Mary Rose sive Maria Borg residing at number sixteen (16), Triq Anton Buttigieg, Qala, holder of Maltese identity card number 15850G, in her own name and as mandatary of the abroad:

i. Josephine Cassar, holder of Canadian passport number GG967939,

ii. Giacinta Mizzi, holder of income tax registration number 891892005,

iii. Lynette Borg, Australian driving licence holder number 21502710,

iv. Emanuel Buttigieg, holder of Maltese identity card number. 34038G as duly authorised;

Francis Borg, residing at 16 Triq Anton Buttigieg, Qala, holder of Maltese identity card number 15851G;

Emanuel Buttigieg, residing at 17, Triq Wied il-Merill, San Lawrenz, Gozo, holder of Maltese identity card number 21059G;

Mary sive Maria Mizzi née Buttigieg, residing at 'Charmar' Triq it-Tlettin ta' Ottubru, 1948, Qala, Gozo, holder of Maltese identity card number 25955G appearing here in her own name as mandatary of the abroad:

i. Francis Buttigieg, holder of Maltese identity card number 36950G;

Carmen Mifsud, residing at number four (4) Triq Malta, Għajnsielem, Gozo, holder of Maltese identity card number 6264G;

Joseph Buttigieg, residing at 'San Ġużepp' Triq Ta' Saguna, Ta' Sannat, Gozo, holder of Maltese identity card number 7954G, appearing in his own name and on behalf of abroad:

i. Michael Buttigieg, holder of Maltese identity card number 57756G;

Antonia sive Antoinette Haber, residing at 'Oak', Triq San Dminka, Victoria, Gozo, holder of Maltese identity card number 13558G

vs

Raymond Buttigieg residing in Sweet Lord, Triq l-Indipendenza, Qala, Gozo, holder of identity card number 69860G.

Application of Mary Rose sive Maria Borg holder of Maltese identity card number 15850G in her own name and as mandatary of the abroad Josephine Cassar holder of Canadian passport number GG967939, Giacinta Mizzi, holder of income tax registration number 891892005, Lynette Borg holder of Australian driving license number 21502710, Emanuel Buttigieg holder of Maltese identity card number 34038G as duly authorised, Francis Borg holder of Maltese identity card number 15851G; Emanuel Buttigieg holder of Maltese identity card number 21059G, Mary sive Maria Mizzi née Buttigieg holder of Maltese identity card number 25955G which is appearing here in her own name as mandatary of the abroad Francis Buttigieg holder of Maltese identity card number 36950G, Carmen Mifsud holder of Maltese identity card number 6264G; Joseph Buttigieg holder of Maltese identity card number 7954G who is appearing in his own name and on behalf of the abroad Michael Buttigieg holder of Maltese identity card number 57756G, Antonia sive Antoinette Haber holder of Maltese identity card number 13558G; and the said Mary Rose sive Maria Borg holder of identity card number 15850G confirms on oath whilst declaring that she knows the facts personally exposed:

1. That this application as a whole relates to the following property: divided portion of agricultural land known as 'Ta' Wied Biljun' in the limits of Qala, Gozo, measuring approximately two thousand and eighty two square metres (2082 sq. m.), bounded on the north by property of family Mizzi or their successors in title, on the east by property of Michael Mizzi or his successors in title and on the west partly by property of Salvu Mizzi and part of Salvu Xuereb or their successors in title and/or more precise boundaries together with the overlying airspace usque ad ceolum and the subsoil usque ad inferos;

2. That this property is undivided between the parties and has been undivided between them and/or the predecessors in their title since the 21st February, 1963, and thus they have held this property in common for more than three years and none of the owners has commenced an action before any other court or tribunal for the partition of the property;

3. That originally this property above mentioned belonged to Francesco and Mary spouses Buttigieg;

4. That Francesco Buttigieg was married to Mary Buttigieg, born Buttigieg. Francesco died on the twelfth (12) of October of the year one thousand nine hundred and sixty-seven (1967) while Mary Buttigieg died on the twenty-first (21) of February of the year one thousand nine hundred and ninety-three (1963). From this marriage, spouses Buttigieg had four (4) children: Francesca Buttigieg, unmarried, born and resided in Qala, Gozo, on the sixth (6) of February of the year two thousand and twenty-one (1921) who subsequently died in Victoria, Gozo, on the twenty-fifth (25) of July of the year one thousand nine hundred and ninety-nine (1999); Carmela Borg, wife of Anthony Borg, born and resided in Qala, Gozo, on the twentieth (20) of February of the year one thousand nine hundred and sixteen (1916) who subsequently died in Victoria, Gozo, on the twentieth (20) of April of the year two thousand and eight (2008); Giuseppe Buttigieg, born in Qala, Gozo, on the eighth (18) of April of the year one thousand nine hundred and twenty two (1922) who subsequently died in Victoria, Gozo, on the ninth (9) of April of the year two thousand and thirteen (2013); and Emmanuel Buttigieg, born and resided in Qala, Gozo, on the 5th April of the year one thousand nine hundred thirty eight (1938);

5. The said Francesco and Mary Buttigieg regulated their inheritance and succession by means of two unica charta wills both in the records of Notary Francesco Refalo, one dated twenty-second (22) of October of the year one thousand nine hundred and forty-eight (1948) and the other dated twenty-first (21) of September of the year one thousand nine hundred and fifty-four (1954). The said Francesco and Mary Buttigieg were survived by their four (4) children Francesca Buttigieg, Carmela Borg wife of Anthony Borg, Joseph Buttigieg and Emmanuel Buttigieg;

6. That Francesca Buttigieg died intestate on the twenty-fifth (25) of July of the year one thousand nine hundred ninety-nine (1999) and inherited her ex lege her siblings the said Carmen Borg, Emmauel and Joseph siblings Buttigieg in three equal portions between them. Her share of the property above mentioned was duly declared by means of a deed of declaration causa mortis in the records of Notary Mariosa Grech dated twenty-first (21) of January of the year two thousand (2000) whereby it was declared the share of one fourth (1/4) undivided share of a plot of land known as 'Ta' Wied Biljun' in the limits of Qala, Gozo, the whole measuring approximately two thousand and eighty-two square metres (2082 m.k.) and bounded on the north by property of the Mizzi family, on the east by property of Michael Mizzi and on the west by property of Salvu Mizzi and Salvu Xuereb;

7. That Carmela Borg, wife of Anthony Borg, died on the 20th April of the year two thousand and eight (2008) and regulated her inheritance and succession by means of a will made in the records of Notary Paul George Pisani of the 1st February of the year one thousand nine hundred and ninety two (1992) by means of which amongst other dispositions she cancelled any will which could have been made before this and ordered that her inheritance and succession are regulated by this will and nominated as universal heirs of all her present and future movable and immovable property to her six (6) children Mary Rose sive Maria, Albert, Francis, Josephine Cassar, Anthony and Giacinta Mizzi siblings Borg in equal and undivided shares between them and with the right of vulgar substitution of their respective children in case of premature testators and with the right of accretion between them in default. Her share of the property above mentioned was duly declared by means of a deed of declaration causa mortis in the records of Notary Maria Grima dated twenty sixth (26) of August of the year two thousand and eight (2008) whereby it was declared the share of one third (1/3) undivided share of a plot of land known as 'Ta' Wied Biljun' in the limits of Qala, Gozo, the whole measuring approximately two thousand and eighty two square meters (2082s.m.) and bounded on the north by property of the Mizzi family, on the east by property of Michael Mizzi and on the west by property of Salvu Mizzi and Salvu Xuereb;

8. That Albert Borg son of Carmela Borg, died as bachelor and without children on the twenty fifth (25) of September of the year two thousand and three (2003) and since he died before his mother Carmela Borg, he did not survive her and his share thus devolved to his siblings Mary Rose sive Maria, Francis, Josephine Cassar, Anthony and Giacinta Mizzi siblings Borg in equal and undivided shares between them;

9. That Anthony Borg son of the said Carmela Borg, died on the thirteenth (13) of July of the year two thousand and twenty-one (2021) and regulated his inheritance and succession by means of a will made in Australia dated third (3) of June of the year two thousand and five (2005) by means of which he nominated as universal heirs his wife Lynette Ruth Borg. His share of the above mentioned property has been duly declared by means of a deed of declaration causa mortis in the records of Notary Mariosa Grech dated eleventh (11) July of the year two thousand and twenty-two (2022) whereby one fifth (1/5) undivided share of one third (1/3) undivided share of a parcel of land known as “Ta' Wied Biljun" in the limits of Qala Gozo was declared, the whole measuring about two thousand and eighty two square metres (2082 sq.m.) bounded on the north by property of family Mizzi, on the east by property of Michael Mizzi and on the west by property of Salvu Mizzi and Salvu Xuereb;

10. That Joseph sive Giuseppe Buttigieg, died on the 5th April of the year two thousand and thirteen (2013) and regulated his inheritance and succession by means of two wills made in the records of Notary Mariosa Grech, the first one on the eleventh (11th) October of the two thousand (2000) and the second one on the first (1st) August of the two thousand and twelve (2012) by means of which he left the use and usufruct of his property to his wife Carmela Buttigieg who died before him, left some prelegacy to his four children and nominated as universal heirs of all his property his eight (8) children Francis, Joseph, Maria wife of Carmelo Mizzi, Michael, Antonia wife of Frans Haber, Emanuel, Raymond and Carmen wife of Francis Mifsud, siblings Buttigieg in equal proportions between them, with the vulgar substitution of their respective children and descendants in case one of the heirs dies before the testators and in the absence of children and descendants, with the right of accretion between them. His share of the property above mentioned was duly declared by means of a deed of declaration causa mortis in the records of Notary Mariosa Grech dated eighth (8) of October of the year two thousand and thirteen (2013) whereby he declared the share of one third (1/3) undivided share of a plot of land known as 'Ta' Wied Biljun' in the limits of Qala, Gozo, the whole measuring approximately two thousand and eighty two square meters (2082 sq.m.) and bounded on the north by property of the Mizzi family, on the east by property of Michael Mizzi and on the west by property of Salvu Mizzi and Salvu Xuereb;

11. That by virtue of a promise of sale signed on the fourteenth (14) March, two thousand twenty four (2024), all the applicants bound themselves to sell their share of the property above mentioned, that is twenty three out of twenty four (23/24) undivided shares to Franco Xiberras, Marija Xiberras and Johnnie Sciberras for the price of twenty three thousand nine hundred fifty eight Euro and thirty four euro cents (€23,958.34) valued at twenty five thousand euro (€25,000) for the whole;

12. That thus Franco Xiberras, Marija Xiberras and Johnnie Sciberras have in their favour a promise of sale of twenty-three shares out of twenty-four (23/24) undivided shares;

13. That the promise of sale was duly registered by the Commissioner of Inland Revenue with number PS202405378;

14. That the respondent Raymond Buttigieg is the owner of one of twenty-four (1/24) of the property above described;

15. That the applicants believe that the price agreed between all the applicants is advantageous considering the size of the property, as well as the locality in which it is situated, and all the circumstances related to these premises and this as shown by the sworn valuation of the Architect hereby attached as document A;

16. That the consent of the respondent Raymond Buttigieg could not be obtained solely because the applicant despite being informed of the promise of sale, he did not sign the same promise of sale;

17. That all the applicants want to benefit from the faculty given to them by virtue of Article 495A of the Civil Code and ask that the respondent also sell his share of this property on the same terms and conditions agreed in the promise of sale signed by them with the same Franco Xiberras, Marija Xiberras and Johnnie Sciberras.

Therefore, applicants humbly request this Honorable Court, saving the publication of this application in the Government Gazette and in another local newspaper in terms of Article 495A of Cap. 16:

1. Declares that the price as well as the proposed conditions for the sale of the share of all the applicants from the immovable above described to the same Franco Xiberras, Marija Xiberras and Johnnie Sciberras is just and appropriate and that the same price and conditions shall apply to the sale due to the respondent from this same premises;

2. Approve the proposed sale, and orders the publication of the deed of sale also as regards the share due to the respondent on a day, time and place to be fixed and appoint Notary Dr Paola Cefai to publish the opportune deed of sale, with the intervention of deputy curators to represent the eventual defaulters on that deed.

The application is appointed for hearing for Thursday, 17th of October, 2024, at 8.00 a.m.

Daniel Sacco, for the Registrar, Gozo Courts and Tribunals