Court Notices published in Government Gazette no 21,331 of 20th October 2024

Banns for Curators

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 25th July, 2024, following a request by Stephen Gauci et vs Deputy Curators to represent the unknown heirs of Michele Apap and Giuseppe Cassar in the records of the schedule of deposit number 1589/2024 in the names Stephen Gauci et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and redemption of groundrent and sub groundrent, number 1589/2024 in the names of Stephen Gauci, son of the late Joseph Gauci and Pauline née Spiteri born in Tal-Pietà and residing in Ħal Luqa (ID 123466M) and Carmelo Gauci son of the late Joseph Gauci and Pauline née Spiteri, born in Tal-Pietà and residing in Ħaż-Żabbar (ID 693655M) vs Deputy Curators to represent the unknown heirs of Michele Apap, son of Pasquale who was born and resided in Valletta as direct owner and to represent the unknown heirs of Giuseppe Cassar, son of the late Paolo, born in Cospicua and resided in Ħamrun in his own name and as mandatary of Ms Giulia Cassar, daughter of Paolo who was born and resided in Ħamrun as sub-direct owner, filed in the First Hall of the Civil Court on the 24th July, 2024, the applicants Stephen Gauci (ID 123466M) and Carmelo Gauci (ID 693655M) respectfully submitted:

That the applicants enjoy the annual and perpetual groundrent and sub ground rent on the premises and namely ground floor tenement number 9 situated in Triq Zerafa in Marsa, which ground floor is being identified according to a plan attached and marked as Doc. 1 which was issued by the Land Registry and is certified by Architect Anthony Gatt;

That the applicants acquired the said premises by means of the deed of transfer causa mortis following the death of their father, dated 28th January, 1997, made in the records of Notary Dr Sandro Schembri Adami, which is attached and marked as Doc. A2;

That the applicants wish to avail themselves of the option given to them under the provisions of Article 1501 of the Civil Code and redeem the said annual and perpetual groundrent and sub-groundrent;

That the annual and perpetual groundrent in question is indicated in the contract of emphyteusis dated 28th April, 1891, made in the records of Notary Dr GioBattista Saydon, which deed is attached and marked as Doc. A3 pursuant to which Michele Apap, son of Pasquale born and residing in Valletta granted by title of emphyteusis to the Legal Procurator Gugliemo Cassar, son of the late Paolo who was born and resided in Cospicua, the site marked with the letter A with the attached plan, that is half the groundfloor tenement owned by Michele Apap of about one and half tumolo that is found outside Bieb il-Bombi known as Blata l-Bajda, the entire bounding from the East by property of Nicola Tanti, from the south with Strada Croce della Marsa and from the west with property of Conservatorio di Giuseppe eretto Nella Cospicua and from the north with property of Francesco Miggiani;

That the annual and perpetual sub-groundrent in question is indicated in the contract of sub-emphyteusis dated 6th November, 1905, made in the records of Notary Dr Francesco Schembri Zarb, which deed is attached and marked as Doc. 4 in virtue of which, Giuseppe Cassar, son of the late Paolo born in Cospicua and residing in Ħamrun in his own name and as mandatory of his sister Ms Giulia Cassar daughter of Paolo and who was also born and residing in Ħamrun granted by perpetual sub-emphyteusis in favour of Vincenzo Cilia La Corte two parts of land marked in red in the plan attached with the groundfloor tenement in Ħamrun of measurement of 256 square canes, known as Blata l-Bajda outsided Bieb il-Bombi;

That the said annual and perpetual groundrent due amounts to €1.40 while the annual and perpetual sub groundrent due amounts to €0.84;

That the said annual and perpetual groundrent and sub-groundrent of €2.24 as premised capitalised at 3% amounts to the amount of €74.66;

That the applicants are depositing also the sum of €11.18 representing five years arrears of payments of the groundrent and sub-groundrent due.

Thus the applicants are humbly calling upon this Honourable Court and under its authority they are depositing the sum of €74.66 representing the redemption of the annual and perpetual groundrent and sub-groundrent together with the sum of €11.18 representing arrears for the redemption of the present annual and perpetual groundrent and sub-groundrent so that this same sum can be freely withdrawn by the respondents after leaving the due receipt and deduct the costs of the Registry for this purpose upon such recovery of the amount.

Applicants: Stephen u Carmelo Gauci, c/o LexMalta Advocates, 55, Triq l-Oratorju, Mosta

Notification:  Director Public Registry, Evans Building, Triq il-Merkanti, Valletta VLT 2002

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, abovementioned, with the witness of the Hon. Madam Justice Josette Demicoli, LLD Doctor of Laws.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals​