Court Notices published in Government Gazette No.21,294 of 2nd August 2024

By virtue of a decree issued by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 26th of July 2024, the publication of the extract reproduced hereunder was ordered for the purposes of notification according to the article 931(3) of the Code of Organisation and Civil Procedure, Cap. 12 of the laws of Malta.

Banns for curators

Republic of Malta

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

By a decree issued on the 26th of July, 2024, it was ordered that a deputy curator be chosen according to the law to represent the unknown heirs of Luigi Gambin son of Vincenzo and Maria Gambin née Teuma who died on the 7th of July, 1979, and the unknown heirs of Savior Debrincat son of Francis Debrincat and Josephine Debrincat née Muscat, who died on the 26th of February, 1987, and this in the acts of the judicial letter reproduced below, which letter bears the number 366/2024 in the names ‘Dr Larry Formosa nomine versus Deputy Curators to represent the unknown heirs of Luigi Gambin son of Vincenzo and of Maria Gambin née Teuma who died on the 7th of July, 1979, and the unknown heirs of Saviour Debrincat son of Francis Debrincat and of Josephine Debrincat née Muscat, who died on the 26th of February 1987’, filed on the 11th of June, 2024, in the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, and in all other relative and subsequent acts.

By virtue of this official letter the sender Dr Larry Formosa (identity card number 2587G) of Cosyra Legal, The Brokerage, Level 4, Triq Santa Marta, Victoria, Gozo, on behalf of the expatriate Joseph Spiteri holder of the Maltese passport bearing number 1227575 makes reference to the contract of sale and purchase of the 25th June, 1971, and calls upon you so that within one week from the notification of this letter you come forward for the correction and ratification of the measurements indicated in the same contract since such is not correct.

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

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

Given by the Court of Magistrates (Gozo) Superior Jurisdiction, mentioned above with the testimony of the Magistrate Dr Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Magistrate of the aforementioned Court.

MARGARET DE BATTISTA

Assistant Registrar, for the Registrar, Gozo Courts and Tribunals 

By means of a decree given by the Civil Court, First Hall, on the 14th June, 2024, in the records of the Sworn Application number1402/2023MH, which was filed on the 12th December, 2023, in the names: Mercieca Henry et vs Liftman Malta Limited, 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: Declare that the respondent company failed to comply with its obligations and declare that the applicants are to pay a price less than that agreed. With costs against the respondent who is summoned so that a reference to his evidence be made.

The Sworn Application in the names mentioned above is adjourned for hearing on the 28th October, 2024, at 9.30 a.m.

Notify Respondent: Liftman Malta Limited, 9, Bienvenidos, Triq il-Bizzilla, Ħal Għaxaq

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, Constitutional Jurisdiction, on the 5th June, 2024, in the records of Constitutional Application number 619/2023GG, which was presented on the 14th December, 2023, in the names: Borg Manchè David vs State Advocate 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 same compensation and damages liquidated to the applicant in terms of law. With costs against the defendants who are from now summoned so that a reference to their evidence be made.

The Constitutional Application in the names mentioned above is postponed to 28th November, 2024, at 9.15 a.m.

Notify Respondent: Barbara Maria Lourdes, 78, Triq Nazzarenu, Paola

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

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 25th April, 2024, Application number 387/2024, by Carmel Schembri whereby he requested that it be declared open in favour of Carmel Schembri in the quota of one half (1/2) undivided and the remaining one half (1/2) undivided share in favour of Annette Camilleri the succession of their mother Helen Schembri, widow of George Schembri daughter of the late Annetto Camilleri and Emmanuela Camilleri née Grech, born in Ħal Qormi, resided in Ħal Qormi and died in Ħal Luqa, Malta, on the 29th December, 2023, aged 77, and who held identity card number 0039447M.

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

By a decree given on the 22nd July, 2024, 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 Civil Court, First Hall, on the 21st February, 2024, by Joanne Borg, Judicial Sale file number 9/2024 in the names Joanne Borg (ID 427498M) vs David Abela (ID 572177M) is being asked that the Court orders the sale by auction of the:

The flat internally marked with the number 2 (two) forming part of a building block of two apartments, unnumbered officially and unnamed built on the plot indicated with an unofficially number three letter ‘A’ (3A) in Triq Blat il-Qamar, Siġġiewi, with the common entrance, entrance, the stairs, the stairwell and bounded on the south by property of Peter Paul and Michaelangelo brothers Cutajar, on the west by property of Peter Pace and on the north by the said street or other correct boundaries and as well the divided part of the roof and the existing washroom on it measuring approximately of thirty nine point four square metres (39.40 m²) and i.e. that divided part situated on the front side of the said building block, free and unencumbered, with all its rights and appertunances and this as better described in the acts of the contract of the fourth of June of the year two thousand and fifteen (4.6.2015) in the records of Notary Dr Sandra Valentino.

The said property belongs to Joanne Borg (ID  427498M) and David Abela (ID 572177M).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on 1st March, 2024, on the application of HSBC Bank Malta plc (C3177), Thursday, 19th September, 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 Archives, Level -1, Court of Justice, Triq ir-Repubblika, Valletta, of the following property:

The penthouse internally marked number four (4) situated on the fifth floor level forming part of an unnumbered block of apartments, but named ‘GT Court D’, directly accessible from Triq Jean de la Vallette, St Paul’s Bay, free and unencumbered, with all its rights and appurtenances, including an undivided pro rate share with the other owners of the apartments the use of the common parts of the block, intended for the common use but excluding the overlying airspace but the owner of the penthouse, with the other owners of the block, shall have the right of access onto the roof for the installation, maintenance and repairs of a water tank and television aerial and/or satellite dish, valued at three hundred and twenty thousand euro (€320,000).

The block is bounded on the South East by the said street, on the North West by property of Raymond Galea or his successors in title and on the northeast by property of Northside Company Ltd or its successors in title, and this as described better in the records of Notary Roberta Bisazza of the eighth of October of the year two thousand and six (18.10.2006).

The said tenement is the property of the deceased Stephen John Cotterill (passport number 650603690) and by decree of the 18th August, 2021, had been nominated curators Dr Joseph P. Bonnici and Daniel Aquilina LP for the unknown heirs of the said.

N.B. The said tenement will be sold as described in the acts of judicial sales number 9/2023.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By a decree of the Consumer Claims Tribunal of 10th July, 2024, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

Christian Barbara (ID 470687M) of 43, In-Niċċa, Triq San Ġużepp, Ħaż-Żabbar, ZBR 3321, filed a Claim on the 18th February, 2024 whereby he asked the Tribunal to condemn Roderick Bellizzi – Belltech Finishing Solutions (VAT MT 2095-9510) of Flat 8, Blokk C3, Triq Fonsu Marija Galea, Birkirkara, to pay the plaintiff the sum of €720 which amount is due to the plaintiff.

The case (CCT Number 40/2024) is put off on the 11th September, 2024 at 9.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By a decree of the Small Claims Tribunal of the 14th Frar, 2023, the publication of the following extract was ordered for the purpose of service on the respondent James Gregory in terms of Article 187(3) et seq of the Code of Organisation and Civil Procedure (Cap. 12).

Rebekah-Ann Borg (ID 0427287M) of Ħal Warda Res Blk H, Fl 7, Triq Ħal Warda, Attard, ATD 1800, filed a Claim on the 8th February, 2023, whereby she asked the Tribunal to condemn James Gregory (ID 237175M) of Carob, Flt 13B, Triq L. Apap, St Julians, to pay the plaintiff the sum of €1416 which amount is due to the plaintiff.

The case (Claim number 53/2023MD) is deferred on the 8th October, 2024, at 1.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 24th of July, 2024 (Application number 60/2024) by Notary Enzo Dimech noe, the opening of the SUCCESSION was requested of Lawrence Caruana, widower of Lynette Margaret Caruana, son of the late Francis Caruana and Mary Caruana née Grima, born in San Lawrenz, Gozo on the 18th of April, 1945 and died in San Lawrenz, Gozo on the 3rd of March, 2023 (Identity Card number 37345G), which aperture of succession is to be made in favour of his five children namely Francis Caruana (I.D. 24203L), Mark Caruana (I.D. 11378G), Joseph Caruana (I.D. 24489G), Lawrence Caruana (Australian Passport number PA53430380 and Michael Caruana (Australian Passport number PA7139745) in equal and undivided shares between them, the issue of these bands was ordered to let know everyone who may have an interest therein.

Therefore anyone who might have an interest is hereby summoned to appear before the aforementioned Court in order to oppose that request by means of a note within fifteen days which start running from the day of the posting of the banns.

Issued by the Court of Magistrates (Gozo), Voluntary Jurisdiction, with the testimony of Dr. Brigitte Sultana, Doctor of Law, Magistrate of the aforementioned Court.

Voluntary Jurisdiction

DANIEL SACCO

Deputy 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 26th July, 2024, and upon an application numbered 511/2024, ordered:

To the Director of the Public Registry so, when he comes to register the Act of Birth of Ma Marcellina Manaois Aquilina in the Public Registry of Malta, make the appropriate annotations or corrections so that her second name is to be changed from ’Soriano’ to ’Manaois’, this change is also made in the Act of Marriage number 3729/2018.

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 21st July, 2024, and upon an application numbered 772/2024, ordered:

To the Director of the Public Registry so, when he comes to register the Foreign Act of Birth of Jovelyn Evangelista Florida in the Public Registry of Malta, make the appropriate annotations or corrections so that her second name is to be changed from ’Manalo’ to ’Evangelista’, and that this change is also made on the Act of Marriage number 651/2021.

Court of Revision of Notarial Acts

ADRIAN MICALLEF

Deputy Registrar Court of Revision of Notarial Acts

By means of a decree of the 19th July, 2024, handed down by the Juvenile Court in the records of the application number 74/2024AC in the names Directorate for Alternative Care (Children and Youths) vs X, the following publication was ordered for the purpose of effecting service on the respondents Claydianne Cassar and Leonardo Attard in terms of Article 187(3) et seq of Cap. 12.

By means of an application in the names Directorate for Alternative Care (Children and Youths) vs X filed in the Juvenile Court, on the 14th June, 2024, the applicant Directorate for Alternative Care (Children and Youths) requested this Honourable Court so that it:

1. Appoints the application for hearing so that this Honourable Court hears the parties involved in terms of Article 24 (5) of Cap 602 of the Laws of Malta;

2. Order that the minor – omissis – who is under a protection order be released for adoption closed in terms of Article 24 (1) et seq of Cap 602 of the Laws of Malta;

3. Refers its decree together with the application to the Civil Court (Voluntary Jurisdiction Section) so that this Court proceeds to hear and decide on the adoption of the minor and this in terms of Article 24 (7) of Cap 602 of the Laws of Malta.

And this under those provisions that this Honourable Court deems fit and opportune in the circumstances.

The case (Application Number 74/2024AC) in the names Directorate for Alternative Care (Children and Youths) vs – omissis - is postponed to the 6th August, 2024 at 9.00 a.m.

Notification Claydianne Cassar – 80, Triq Santa Luċija, Valletta.

Leonardo Attard – Block A, Flat 15, Triq ic-Cikas, Ħaż-Żabbar.

In the Juvenile Court

Magistrate - Dr Abigail Critien B.A., Trib. Eccl. Melit., LL.M. (Family Law) (Lond), LL.D.

The Court,

Saw the application of Directorate for Alternative Care (Children and Youths) within the Foundation for Social Welfare dated 14th June, 2024;

Upholds the first demand and appoints the application for hearing for the 6th August, 2024 at 9.00 a.m. 

At this stage it abstains from taking cognizance of the second and third demand and this so that firstly the biological parents are given time to file their reply (after being duly notified with the original application together with the present decree) as well as to hear the evidence to be brought forward by the Directorate and to hear the wishes of the same minor through the children’s Advocate Dr Marita Pace Dimech who is being nominated by this Court for this purpose and to report to this Court on all that is related to the demands as brought forward in the original application in the best interests of the minor;

Orders that this application be notified

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court, on the 12th June 2024, following a request of Retail Properties Limited it was ordered that deputy curators be chosen to represent Deborah Kaye Wanstall and Nicholas Sargent , in the records of the Sworn Application 627/2024MH, in the names Retail Properties Limited vs Mark Gaffarena 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 Retail Properties Limited (C 20226) vs Mark (ID 447176M) and Josielle (ID 0072583M)spouses Gafferena; and Kathleen Borg Olivier (ID 0857747M); Alexander Borg Olivier (ID 0145446M) and Kristoff Bonello-Thorpe (ID 0191678M) and Krista D’Ancona (ID 0490875M) and Grace Bonello (KI 546759M) and Lydie Banot (ID 783954M) and deputy curators to represent the absentees Deborah Kaye Wanstall and Nicholas Sargent, on the 5th June, 2024 the applicant Retail Properties Limited requested with respect this Honourable Court to:

1. Declare that the property cannot be comfortably divided between the parties in their respective shares;

2. Order that the property be sold by licitation as subject to its burdens and encumbrances;

3. Order that the proceeds from the sale of the property by licitation be divided between the parties according to their respective shares and this after deducting the relevant expenses for the licitation.

With costs against the respondents, who are from now summoned so that a reference to their oath be made.

Applicant – 24, Lascaries Buildings, Lascaris Wharf, Valletta

Notification: 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. Madam Jusice Miriam Hayman LL.D. , Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals