Court Notices published in Govt. Gazette No. 19,925 of 22 December 2017


2030

Notice, Registry of the Civil Court, First Hall

Whereas Abdulsattar Al Mohamed (Syrian Passport No. 002738631) et filed an application under oath (No. 1118/2017/LSO) demanding Correction in the Act of Birth No. 5729/2014 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

Registry of the Superior Court,
Today18th December, 2017

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals



2031

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 5th day of September, 2016, following the request of Alex Cassar (ID 37668M) et, it was ordered that deputy curators be appointed to represent the unknown directus dominus/domini in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 1363/2016 in the names Alex Cassar (ID 37668M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 31st day of August, 2016, in the First Hall of the Civil Court, in the names Alex Cassar (ID 37668M), in business, a son of Joseph and Tereza née Cuschieri, born in Tas-Sliema and residing at Tas-Sliema, Malta, and Ramon Cassar (ID 61070M), self-employed, unmarried, a son of Joseph and Tereza née Cuschieri, born in Tas-Sliema and residing at Tas-Sliema, Malta

vs

Deputy Curators to represent the unknown directus dominus/domini, Alex Cassar (ID 37668M) et respectfully submitted,

That the depositors possess the house number 5, Saint Francis Street, Tas-Sliema, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said house is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Chap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €69.80 which represents the value of the said ground rent capitalized at 5% as well as the amount of €17.45 representing the ground rent of the last five years in order to be freely withdrawn by the deputy curators appointed to represent the unknown directus dominus/domini, after the due receipt is left according to law.

Depositors: Alex Cassar (ID 37668M) et, 54, Triq San Ġwann il-Battista, Tas-Sliema
Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Noel Cuschieri LLD, Doctor of Laws.

Dated this 5th day of September, 2016

Registry of the Superior Courts
Today Monday, the 18th day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



2032

By means of a decree given by the Court of Appeal (Superior Appeals) in the records of the Appeal Application , in the names Commissioner of Land vs Architect William Micallef et, Application number 9/05, on the 5th December, 2017, the following publication was ordered in terms of Article 144(1) of Cap. 12 of the Laws of Malta, in regard to Colin Micallef, Simone Mamo, Maurice Micallef and Peter Micallef and this in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented, in the Court of Appeal, in the Records of the Appeal, number 9/05 (Application Number 9/05 FDP) Commissioner of Land and by decree of the 24th May, 2017, the records were assumed by the Lands Authority vs Architect William Micallef, Rinaldo Micallef, Joseph Micallef and Maurice Micallef , director owners of one third undivided of the land hereunder mentioned, Francis Bezzina Wettinger, emphyteuta of the said one third undivided of the same plot of land and Ermelinda wife of Joseph Calleja assisted by him, owner of one third undivided of the said plot of land and Ermelinda Calleja, assisted by her husband by decree of the 16th November ,1966, appointed as deputy curator to represent the absent Salvina widow from John Zahra, owner of one third undivided of the said plot of land mentioned and on the 28th March, 2013, the records were taken over by Dr Paul Edgar Micallef, in his own name and as mandatatry of his mother Maria Dolores Micallef as well as Eleonora sive Noreen Leone Ganado, and Peter Micallef following the death of Architect William Micallef and on the 5th May, 2015, the records were taken owner by Colin Micallef, and Simone Mamo following the death of Rinaldo Luigi Micallef, on the 25th July, 2017, the applicant Stephanie Bezzina Wettinger (ID 69672M) and Martin Bezzina Wettinger (ID 472966M) who are taking over the records instead of Francis Bezzina Wettinger who died on the 5th July 2014, as heirs of the same respectfully pleaded:

1. That in the appication presented on the 13th April, 2005, the Commissioner of Lands, premised that the respopndents were notified with a Notice of treat dated 8th November 1966, whereby they were informed that the compensation that the competent authority is prepared to pay for absolute purchase, as free and unencumbered of the plot of land in the parrochial limits of Gżira and Saint Julian’s having the area of one tumolo five sigħan and seven kejliet (IT 5S 7K) bordering on the North with property of the family Dalli, on the SouthWest with property of the Church of Saint Paul in Bormla and on the East and West with the remaining part of which this forms part, is of one hundred fifty six liri (L 156.0s.0d) as appears in the report of architect Edgar Caruana Montaldo, A& CE, of the 7th November, 1966, a copy of which Doc. A is attached to the Notice to Treat;
 
2. That by means of a reply of the 28th November, 1966, the appellant’s predecessor the lamented Francis Bezzina Wettinger, had contested the value given by the Commissioner of Lands;

3. That by means of a judgement of the 5th July, 2017, the Honourable Land Arbitration Board declared,
Upholds the applicant’s demands, and
Orders the respondents as described in the notice to transfer as free and unencumbered by title of absolute purchase a plot of land in the parocchial limits of Gżra , St Julian’s, above mentioned and as better described in the plan LD 402/66 a fol. 37 and 81 of the process.

Orders the Lands Authority to pay compensation to the respondents as described in the notice the following sums:

a. €116.06 for the Direct Owners of one third undivided,
b.€166.60 for the Emphyeuta of this one third undivided,
c. €277.65 for each one of the other undivided two thirds.

Interest due to them in terms of Article 12(3) of Cap 88 in such a manner that it is to be precised that the applicant took possession of the land on the 23rd January, 1962.

… omissis …

Keeping in view the exagerated passage of time from the taking of possession till this day, the costs are to be borne by the applicant;

4. The applicants felt aggrieved by the judgement of the Honourable Land Arbitration Board and are filing this appeal from the same judgement;

5. The grievances are clear and manifest and consist in the following:

i) The nullity of the judgementy given by the Honourable Land Arbitration Board, because this judgement was delivered in regard to a party who had died in the course of the proceedings,

ii) That without prejudice to the above the report of the technical members and consequently the judgement appealed were based on completely wrong criteria in so far as the respondent Authority failed to present as part of the proof the Notice to Treat number 952, dated 23nd October 2007 and issued on the 29th October 2007,

iii) That without prejudice to the above the report of the technical members and consequently the judgemenmt appealed wrongly evaluated the wrong regulations when they determined the value of the property in question,

iv) … omissis …,

v) … omissis …;

6. … omissis …;

7. That it results that after the Notice to Treat dated 8th November, 1966, on which it appears that the technical members exclusively based their conclusions, on the 29th October 2007, there was issued the Notice to Treat number 952;

8.That from the Notice to Treat number 952 mentioned in the last paragraph it results that Architect Joseph Mizzi, who was engaged to value the land in question considered the same land as agricultural land and determined the same value in the sum, of €13.628;

9.That in so far as this Notice to Treat did not form part of the records before the Land Arbitration Board it is the humble opinion of the appellants that this Honourable Court without prejudice to that provided by Article 145 of Cap 12 which permits the presentation of documents in support of the demands in the Appeal Application, is to treat this Notice to Treat as part of the proof and permit the appellants to bring forward the same Notice as part of the proof;
10.That in the light of the considerations above it is to be stated that the appellants, the heirs of the lamented Francis Bezzina Wettinger, wish to declare that no service was recieved that the cause is being continued after it had been stopped since the year 2008 and after the same Francis Bezzina Wettinger passed away on the 5th July, 2014;

11. That as regards the facts of this case and namely where the President, as regards the land (in question) which was already subject to an original Declaration, issued a New Declaration, there are apply the transitory provisions in terms of Article 7(2) under Article X1 of 2002;

12. That once there apply the transitory provisions in terms of Atrticle 7(2) under Art X1 of 2002, there applies also that provided in subarticle (i) paragraph (B) of Article 7.2 of the same Act which provides that the compensation which is to be established on the basis of that land, on the date when a notice to treat as regards that land is notified;

13. That there also applies that provided in subarticle (ii) pargraph (b) of Article 7.2 of the same Act which provides textually v ‘that for the purposes that there be established if the land is to be valued as a building site, field or rural land or wasteland for the purposes of this subarticle the relevant date is when the orginal declaration is issued by the President, before the coming into force of this Article;

14. That Article 18 of Cap. 88 of the Laws of Malta, before the amendment in virtue of Art 1 of 2006, provides inter alia that when the land is at a distance of not more than ninety-one and a half metres from a built up area, which is to be calculated along the axis of the street, it is to be considered as a building site,

… omissis …;

16. … omissis …;

17. That thus there is no doubt that this Honourable Land Arbitration Board, which adopted the conclusions of the technical members was mistaken when it considered the land in question as one not fit for building;

18.That without prejudice to the above the judgement appealed is also mistaken because it is based on an essential criterion which is mistaken namely because the date the original date of the Government declaration which was published in Government Gazette (Notice Number 14) Doc. ‘SBW7’ is of the 12th January 1962, whilst on the document of the Government declaration it is the 9th January, 1962, which is the date which appears on the original Notice to Treat (fol. 26 to 29 of the process);

19. … omissis …;

20. … omissis …

Thus, for the reasons premised the appellants whilst making reference to the proof already produced reserve the right to bring further proof that this Honoutable Court, permits them to bring forward respectfully prays this Honourable Court, whilst revoking the judgement appealed, saving the declaration that the process is vitiated and any other necessary and opportune declaration send back the records to the Land Arbitration Board to hear the merit of the application anew or establish the adequate compensation of the land in question as a building site land or any other just compensation or instead send back the records to the Land Arbitratyion Board, this Honourable Court appoint an Architect to establish the adequate compensation of the land in question as a building site or any other just compensation, with all costs against the respondent authority.

Whereas the written procedures in the cause before the Court of Appeal between the Commissioner of Land and by decree of the 24th May, 2017, the records were transfered on to the Lands Authority vs Architect William Micallef, Rinaldo Micallef, Joseph Micallef and Maurice Micallef direct owners of one third undivided hereunder mentioned , Francis Bezzina Wettinger emphyteuta of the said one third undivided of the same plot of land and Ermelinda wife of the same Joseph Calleja assisted by him , owner of one third undivided of the same plot of land and Ermelinda Calleja assisted by her husband by decree of the 16th November, 1966, appointed as deputy curator to represent the absent Salvina wuidow from John Zahra, owner of one third undivided of the same plot of land mentioned and on the 28th March, 2013, Dr Paul Edgar Micallef in his own name and as mandatary of his mother Maria Dolores Micacllef assumed the records of the cause as well as Eleonora sive Norreen Leone Ganado and Peter Micallef, following the death of Architect Wiliam Micallef and on the 5th May, 2015, the records of the cause were taken over by Colin Micallef and Simone Mamo, following the death of Rinaldo Luigi Micallef,the Court fixed the hearing of the cause on Tuesday seventeen (17) of October, 2017, at 9.30 a.m.and deferred to the 14th November, 2017, at 9.00 a.m. and deferred to the 9th January, 2018, at 9.30 a.m.
 
 Appellant: 103, Strait Street, Valletta

Notify: 1. Colin Micallef, 367, St Paul’s Street, St Paul’s Bay; 26, Tal-Lanċa, Triq Gian Luca Buhagiar, San Ġwann
 
2. Simone Mamo,367, S Paul’s Street, St Paul’s Bay; 9, Triq San Ġuzepp, Tas-Sliema
3.Maurice Micallef, Glogina, Triq in-Naxxar, Ħal Balzan
4. Peter Micallef, 54, St Lucy Street, Valletta

Registry of the Superior Courts (Superior Appeals) today 18th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals



2033

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 14th November, 2016, Application number 1210/2017 by Bartolomeo Bonnici, Marianne Vella and Carmen Sciortino, whereby Carmelo Bonnici, widower of Giuseppa née Mifsud, born in Ħal Għargħur on the 14th February, 1934, residing in Naxxar aged 83 holding identity card number 0196234M, was Incapacitated by means of a decree given on the30th November, 2017, under the conditions therein mentioned.

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today 19th December, 2017

ALEXANDRA DEBATTISTA
For the Registrar, Civil Court and Tribunals



2034

By means of a decree given by the Civil Court (Family Section) on the 8th November, 2017, in the records of the Sworn Application in the names Micallef Ingrid Charlene vs Micallef Clive, Application Number 176/17 RM, the following publication was ordered for the purpose of service of the respondent Clive Micallef, in terms of article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section) in the names Ingrid-Charlene Micallef (ID 0090085M) vs Clive Micallef (ID 250083M) on the 24th July, 2017, the applicant Ingrid-Charlene Micallef (ID 0090085M) asked this Honourable Court:

1. To declare and pronounce the personal separation between the parties and this due to faults solely and exclusively imputable to the respondent as explained in the application and authorise the applicant to live separtely from the respondent and uphold the other demands in the application, amongst which regarding the care and custody of the minor, maintenance and others.

With costs, as demanded in the application against the respondent summoned so that a reference to his evidence be made.

Respondent: 58, Triq Parades, St Paul’s Bay

The Sworn Application in the names Micallef Ingrid- Charlene vs Micallef Clive, Application number 176/17 RM, has been deferred for hearing to Tuesday 16th January, 2018, at 9.00 a.m.
Registry of the Civil Courts (Family Section), today 19th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals



2035

By a decree of the Small Claims Tribunal of 14th November, 2017, 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).

Miller Distributors Limited (C 344) of Miller House, Triq Ħal Tarxien, Airport Way, Ħal Luqa, filed a Claim on the 17th August, 2017, whereby they asked the Tribunal to condemn Carmelo Tanti (ID 233668M) of Tanti Fl 1, Triq Anglu Gatt, Mosta, to pay the plaintiff company the sum of €912.40, which amount is due to the plaintiff company.


With costs and interests

The case (Claim Number 370/17CZ) is deferred on the 10th January, 2018, at 12.15 p.m.

Registry of the Courts of Magistrates (Malta), today 19th December, 2017

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals


2036

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 26th day of June, 2017, in the records of the Sworn Application in the names Bank of Valletta plc (C 2833) vs Charlene Banks (ID 40372A), Sworn Application Number 978/2016 JPG, it was ordered that service upon Charlene Banks (ID 40372A) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Bank of Valletta plc (C 2833) vs Charlene Banks (ID 40372A) on the 31st day of October, 2016, the applicant company Bank of Valletta plc (C 2833) asked this Honourable Court to:

1. Declare and decide that there occurred one or more of the events mentioned in the contract cited in the Sworn Applictaion particularly but not exclusively, because Charlene Banks (i) failed to make the payments due to the applicant company as provided in the said contract; (ii) failed in other obligations assumed by her in the same aforementioned contract, and/or, (iii) there is a material change in the circumstances of the said Charlene Banks that jeopardise or adversely affect the possibility of repayment of the said debt to the applicant company;

2. Consequently, condemn Charlene Banks to pay to the applicant company the sum of €93,240.76 balance for the debt in the Loan Account of Charlene Banks with Bank of Valletta plc together with further interest from the 12th day of September, 2016, until the date of effective payment.

With court costs as demanded against the respondent who is as of now summoned so that a reference to her oath be made.

Applicant: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta

Respondent: Charlene Banks (ID 40372A), Flat 2, St. Paul’s Court, Triq Efesu, St Paul’s Bay

The Sworn Application in the names Bank of Valletta plc (C 2833) vs Charlene Banks (ID 40372A) was deferred for hearing to the 26th of February, 2018, at 9.20 a.m.

Registry of the Superior Courts
Today Tuesday, the 19th day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals



2037

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of May, 2016, following the request of Mariom Developments Limited (C 71044), it was ordered that deputy curators be appointed to represent the unknown heirs of the late Italo Manche and the late Paolo Aquilina in the records of the Schedule of Additional Deposit and Concurrent Redemption of Ground Rent with number 702/2016 in the names Mariom Developments Limited (C 71044) vs Francis Cachia Caruana noe, Michael Kitson Attard Montalto noe and Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Additional Deposit and Concurrent Redemption of Ground Rent, filed on the 6th day of May, 2016, in the First Hall of the Civil Court, in the names Mariom Developments Limited (C 71044)
vs

Francis Cachia Caruana (ID 278471M) noe, self-employed, a son of the late Antoine and Josephine née Sant Cassia, born in San Ġiljan and residing at St Paul’s Bay, Malta; Michael Kitson Attard Montalto noe, a son of Frank Kitson and Baroness Maria née Attard Montalto, born in Imtarfa and residing in England), and Deputy Curators to represent the unknown heirs of the late Italo Manche, a son of the late Cesare and the late Francesca née Battaglia, born in Valletta and residing at Tas-Sliema and the late Paolo Aquilina, a son of the late Lorenzo and the late Caterina née Fabri, born in Vittoriosa and residing at Tas-Sliema, Mariom Developments Limited (C 71044) respectfully submitted,

That this Schedule of Additional Deposit and Concurrent Redemption of Ground Rent relates to a divided portion of land forming part of the field denominated ‘Ta’ Qorque’ sive ‘Ta’ Kediju’, Msida described in the aforementioned Schedule;

That Peter Camilleri (ID 593551M) on behalf and in representation of the heirs of the deceased Nazzareno Camilleri, by means of two schedules of deposit bearing the numbers 797/2009 and 796/2009 deposited in the Court Registry the amounts of €0.46 and €417.89 respectively which represent the values of an annual and perpetual ground rent capitalized at 5%;

That the depositor would like to avail itself of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and accurately redeem this same ground rent and sub-ground rent in terms of the cited law by depositing the sum of €282.14 which represents the value of the said ground rent and sub-ground rent capitalized at 5%, the amount of €14.13 representing the payment of a laudemium as well as the amount of €70.65 representing the ground rent and sub-ground rent of the last five years in order to be freely withdrawn by Francis Cachia Caruana noe (€0.58), Michael Kitson Attard Montalto noe (€0.52) and the deputy curators appointed to represent the unknown heirs of the late Italo Manche and the late Paolo Aquilina (€365.82), after the due receipt is left according to law.

Depositor: Mariom Developments Limited (C 71044), 74, Triq Rodolfu, Tas-Sliema

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Director of the Land Registry, Valletta
Commissioner of Land, Valletta
Francis Cachia Caruana, 31/4, Triq Isouard, St Paul’s Bay
Michael Kitson Attard Montalto, c/o Dr Porsella Flores, 222, Triq il-Merkanti, Valletta
Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Lawrence Mintoff, LLD, Doctor of Laws.

Dated this 9th day of May, 2016

Registry of the Superior Courts
Today Tuesday, the 19th day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals





2038

Bann for Curators

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 29th November, 2017 the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 29th November, 2017, in the records of the schedule of deposit and concurrent redemption of ground rent number 319/2017 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Exclusive Developments Limited, with company registration number (C 11901), of 2nd Floor, Airways House, High Street, Tas-Sliema, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown owners of the perpetual ground rent imposed on the premises bearing number thirty two (32) previously bearing number twenty six (26) in Triq Għammar, Għarb, Gozo, entitled to receive the herein mentioned ground rent in the Schedule of deposit and redemption of ground rent, and this in the records of the schedule of deposit and concurrent redemption of ground rent bearing number 319/2017 in names Exclusive Developments Limited, bearing company registration number (C 11901), 2nd Floor, Airways House, High Street, Tas-Sliema whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown owners of the perpetual ground rent above mentioned, which schedule of deposit was filed on the 28th November, 2017, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.

That by virtue of a deed of the twentieth (20th) November nineteen ninety-five (1995) in the records of Notary Michael Refalo applicant company acquired the premises bearing number thirty-two (32) and previously having number twenty-six (26) in Triq Għammar, Għarb, Gozo, which premises was acquired from Lucio Caruana by virtue of a deed of transfer dated eighteenth (18th) May nineteen twenty-five (1925) in the records of Notary Salvatore Borg Olivier. A plan of the premises is annexed to the said schedule of deposit.

In terms of said deed, the premises is subject to four Maltese lira cents (Lm0.04c) equivalent to nine euro cents (€0.09) annual and perpetual ground rent, however the applicants do not know to whom this ground rent is payable to and have no clue on how to acquire such information.

Thus the applicant wishes to exculpate itself of any responsibility and redeem this ground rent and it is humbly calling upon this Honourable Court and under its authority it is depositing the global sum of one euro and eighty euro cents (€1.80), the redemption of ground rent and arrears all with effect from the date of the acquisition together with the laduemium in the case that it is due, amounting this sum to two euro and seven euro cents (€2.07) for a grand total of three euro and eighty-seven euro cents (€3.87) which money may be freely withdrawn by the respondents on condition that they tender due receipt.

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

And after so acting or if you should encounter any difficulty in the execution of these banns, you are to inform forthwith this Court.

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Joanne Vella Cuschieri, LLD, a Magistrate of the said Court.

This 20th December, 2017
Registry of the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals



2039

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 7th day of November, 2017, in the records of the Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Philip Caruana (ID 361357M) et, Sworn Application Number 756/2017 JPG, it was ordered that service upon Philip Caruana (ID 361357M) and Ludgarda Caruana (ID 469266M) be made by this publication as provided in Article 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names HSBC Bank Malta plc (C 3177) vs Philip Caruana (ID 361357M) et on the 17th day of August, 2017, the applicant company HSBC Bank Malta plc (C 3177) asked this Honourable Court to:

1. Declare that the defendants Philip Caruana and Ludgarda Caruana are debtors in solidum of the applicant Bank in the sum of €44,166.46, due to the extent of €43,673.35 as balance of the capital borrowed by them, and the remaining €493.11 as interest calculated until the 14th day of August, 2017;

2. Order the defendants to pay the applicant Bank in solidum between them the aforementioned sum of money;

3. Order the defendants to pay the applicant Bank in solidum between them the further interest at the rate of 8% annually on the abovementioned amount from the 15th day of August, 2017, until the date of effective payment.

With court costs as demanded against the defendants who are as of now summoned so that a reference to their oath be made.

Applicant: HSBC Bank Malta plc (C 3177), 32, Triq il-Merkanti, Valletta

Defendants: Philip Caruana (ID 361357M) et, 16, San Filippu, Triq il-Ħajja Ewlenija, Birżebbuġa

The Sworn Application in the names HSBC Bank Malta plc (C 3177) vs Philip Caruana (ID 361357M) et was deferred for hearing to the 17th of January, 2018, at 9.20 a.m.

Registry of the Superior Courts
Today Wednesday, the 20th day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals



2040

By decree given by the Civil Court, First Hall on 27th November, 2017, on the application of HSBC Bank Malta plc (C 3177), Monday, 22nd January, 2018 has been fixed for the Sale by Auction, to be held at HSBC Bank Malta plc (C 3177) number eighty (80), Triq il-Mitħna, Ħal Qormi, of the following items seized from the property of Micallef Mary (ID 188442M):

880.666 unit fil-World Selection 2 Class ACH EUR;
57.6616 unit fl-International Bond Fund EUR (Accumulator);
875.106 unit fil-World Selection 1 Class ACH EUR;
39.3337 unit fil-HSBC Malta Bond Fund Accumulator.

N.B. The said units will be sold as described in the acts of judicial sale file number 19/17.

Registry of the Superior Courts, this Wednesday, 20th December, 2017

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals

2041

By decree given by the Civil Court, First Hall on 7th November, 2017, on the application of E. Grech Cristal Bath Limited (C 13298), Wednesday, 17th January, 2018, at ten in the morning (10.00 a.m.) has been fixed for the Sale by Auction, to be held at number seventeen (17), Triq id-Dejqa, Valletta, of the following items seized from the property of Galea George (ID 41573M).

Three sofas (2 seater), sofa (3 seater), Television cabinet black in colour, two (2) Samsung TFT, table, two (2) side tables, lamp black in colour, three (3) cabinets black in colour, two (2) frames, desk, computer of the make Apple and other various items.

N.B. The said objects will be sold as described in the acts of judicial sale file number 31/17.

Registry of the Superior Courts, this Wednesday, 20th December, 2017

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



2042

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 9th day of May, 2011, following the request of Josephine Azzopardi (ID 457247M) et, it was ordered that deputy curators be appointed to represent the interests of the directus domini in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 550/2011 in the names Josephine Azzopardi (ID 457247M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 6th day of May, 2011, in the First Hall of the Civil Court, in the names Josephine Azzopardi (ID 457247M), Alfred Azzopardi (ID 332343M), Carmelo Cassar (ID 814548M), Carmen née Farrugia (ID 868851M), Armando Cassar (ID 372350M), Giulia née Zammit (ID 602853M), Eugenio Cassar (ID 469652M), Doris née Zammit (ID 808656M), Rita Mugliett (ID 0043057M), Raymond Mugliett (ID 473959M), James Cassar (ID 166261M), and Diane née Scerri (ID 421667M)

vs

Deputy Curators to represent the interests of the directus domini, Josephine Azzopardi (ID 457247M) et respectfully submitted,

That the depositors possess the property numbered 51B in Triq Spiteri Fremond, Ħal Qormi, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the said property is subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

That the depositors would like to avail themselves of the faculty contemplated in Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) and redeem this same ground rent in terms of the cited law by depositing the sum of €21.00 which represents the value of the said ground rent capitalized at 5% in order to be freely withdrawn by the deputy curators appointed to represent the interests of the directus domini, after the due receipt is left according to law.

Depositors: Josephine Azzopardi (ID 457247M) et, 54, Main Street, Ħal Qormi

Services: Deputy Curators, Superior Courts, Valletta
Director of the Public Registry, Valletta
Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Joseph Zammit McKeon, LLD, Doctor of Laws.

Dated this 9th day of May, 2011
Registry of the Superior Courts

Today Wednesday, the 20th day of December, 2017

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD
For the Registrar, Civil Courts and Tribunals


2043

By means of a decree given by the Civil Court (Family Section) on the 4th December, 2017, in the records of the letter in the names Christian Farrugia vs Mireille Cassar, Letter 1539/17, the following publication was ordered for the purpose of service of the respondent Mireille Cassar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application by Urgency, filed in the Civil Court (Family Section) in the records of Mediation number 1539/17, in the names Christian Farrugia (ID 297386M) vs Mireille Cassar (ID 199188M) on the 20th October, 2017, the applicant Christian Farrugia (ID 297386M) respectfully pleaded,

That the applicant and the respondent had separated by means of a contract of separationm dated 16th December, 2015, (copy herreby annexed);

That as indicated in the deed of separation, the parties have a minor … omissis … who was born on the 15th June, 2012, and she is thus only 5 years old;

That altough the parties had agreed that the care and custody be joint the minor had to reside with the applicant father whilst the respondent shall have amply free access when she is free from work;

That lately tne minor … omissis … started to indicate, that certain unpleasant situations are taking place in her presence;
That the applicant had confronted the mother about this but she had reassured him that this is not the case;

… omissis …

That notwithstanding lately the minor indicated again another disgraceful incidents but this time he felt that he should not leave everything pass … omissis … and thus besides making immediate contact with Appoġġ he made a report to the police;

That because the police informed him that if he takes the law in his own hand and does not abide with the contract and allow the applicant to exercise the access he shall be subject to criminal proceedings, contrary to his wish he allowed the minor to attend to the access;

That it happened that during this access the police called for the respondent to speak to her and after, it appears that both herself and her partner rebuked the girl;

… omissis …

That thus the applicant feels that in the best interest of the minor, whilst he believes that the mother should have access, this should be supervised.

Thus for these motives and for any other reason that this Honourable Court deems fit, the applicant prays that after this Court hears whoever it deems opportune:

1. It appoints if necesary and reasonable a Children’s Advocate to give his opinion after carrying out what he deems oportune;

2. If it deems fit involve Appoġġ and if necessary a children’s psychologist;

3. Orders that the access of the respondent mother should be amended in such a manner that it should be supervised;

4. The Court orders that the minor shall not be in the presence of the respondent’s partner mentioned in the application;

5. Takes any decision, even temporary, urgent and precautionary in the circumstances that this Honourable Court deems opportune and so that the minor be safeguarded.

With costs, against the respondent

Civil Court (Family Section)

Hon. Madame Justice Abigail Lofaro, LLD, Rel. Mag. Jur. (Eur. Law)
Letter Number 1539/17

Christian Farrugia

vs

Mireille Cassar

The Court,

Having seen the application of the 20th October, 2017,

Orders that the respondent be notified and is to file a reply within (2) days.

Today 20th October, 2017

Applicant: Redemeer, Flat 3, Triq Agatha Barbara, Ħaż-Żabbar

Respondent: Cassar Fuel Ltd, Triq il-Kummerċ, Ħal Qormi QRM 3000

Registry of the Civil Court (Family Section), today 20th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals

2044

By means of a decree given by the Civil Court (Family Section) on the 14th December, 2017, in the records of the Application in the names Cremona Peter vs Cremona Monica, Application Number 277/17 AL, the following publication was ordered for the purpose of service of the respondent Monica Cremona, in terms of Artricle 187(3) et sequitur of Cap. 12.

By means of a Notice of a cause which was set down again for hearing issued by the Registry Superior Courts, on Thursday, 7th December, 2017, the cause Application Number 277/17 AL, which was recalled from the 28th February, 2018, at 9.15 a.m., was set down again for hearing on Wednesday, 11th January, 2018, at 9.15 a.m., before Madam Justice Abigail Lofaro.

Notify: Cremona Monica, 35, Triq iż-Żonqor, Santa Venera

Registry of the Civil Court (Family Section), today 18th December, 2017

ADV. FRANK PORTELLI, LLD
For the Registrar, Civil Courts and Tribunals