Court Notices published in Govt. Gazette No. 19,946 of 9th February 2018

COURT NOTICE

223

By order of the First Hall Civil Court, given in the records of the Application in the names Zahra John et vs Bonnici Doris May et, Application Number 362/2016SM, the following publication was ordered in terms of Article 495A of Cap. 16 of the Laws of Malta.

By means of an Application, presented, in the Civil Court First Hall, in the names Zahra John et vs Bonnici Doris May et, on the 6th May, 2016, in the names herein mentioned:

John Zahra (ID 490866M); and 
Sylvan Aqulina Zahra (ID 327570M); and
Felicity Theresa Borg (ID 223264M); and
Rita Maria Zahra (ID 109338M) for any interest she may have; and
Astrid Tonna (ID 171561M); and
Jennifer Farrugia (ID179063M); and
Louise Anne Gusman (ID 446975M); and 
Alexander Spiteri (ID 447075M); and
Carmen Delia (ID 804154M); and
Emmanuela Theuma (ID 553336M)

John Zahra on behalf and in representation of the absent:
Kenneth Paul Newson (English passport number 206703828); and
Brian Newson (English passport number 306835417); and
Robert Anthony Newson (English passport number 965671V); and
Diane Christine Abraham (English passport number 209699573); and
 Ursola Timothy (English passport number 206639531); and 
Colin William Newson (English passport number 458754591); and
Patricia May Wood (English passport number 100848314); and
Carmen Spencer White (Australian passport number M1675016); and
Roseanne Wildeisen (Australia Driving License number 90249409); and
John David Zahra (Australian passport number M 8009285); and
Stephen Zahra (Australian driving license number 087862546); and
Paul Zahra (Australian driving license number 2017364218); and
Sylvia Hall (Australian passport number M 3141193); and
Rita Caratzas (Australian driving license number 9645C4); and 
Maria Thersa Collet (Australian passport number M5869882); and
Richard Charles Theuma (English passport number 20715610); and
Henry Theuma (English passport number 593542); and
Robert Tressler (American passport number 460955040); and
Dorothy Hanks (American passport number 430905811); and
Frank Joseph Zahra Jr. (American driving license number Z600 270 50346 0); and
Christine Zahra Kuhlewind (American driving license number K453119497240); and 
Michael J. Zahra (American license number CT 08 3507514);
 and Robert Morgenstern (American driving license number 598790529); and
Mary Ramos (American passport number 468489891); and
Willam Morgenstern (American driving license number 052917835); and
Anne Graham (American passport number 435940635); and
Caroline Anna Zahra (American ID number 800245341); and
Ronald Zahra (American driving license number 032277366); and
Janette Zahra Toma (American passport number 217929418); and 
Charles Zahra (American passport number 214890101) and
Frank Bloom (American Passport number 500223326); and
Edward Zahra (American driving license number 07596531); and 
Joseph Zahra (American driving license number Z600-499 -55-0170); and
Richard Zahra (American license number 063899101); and 
Adam Zahra (American Driving License number Z600018850670); and 
Paul Zahra (American driving License number 154932494) for any interest he may have; and
Judith Zahra Nowosielski (American driving license number 354717488) for ant interest she may have

vs

Doris May Bonnici; and
Darwin Tressler, the applicant John Zahra et respectfully pleaded and John Zahra (ID 490866M) confirmed by his oath:

1. That the parties are co-owners of the house (terraced house) with number four (4) in Redeemer Street, Ħaż-Żabbar, with its airspace and with the rights and appurtenances;

2.That they have kept this premises in common for more than ten (10) years and this since the co-ownership started from the date of death of Angelo and Felicita spouses Zahra;

3. That this property had originally been acquired by Angelo Zahra during his marriage with Felicita Zahra and subsequently was the property of their children and this as appears from notice of succession of Felicita Zahra (Doc. JZ1);

4. That Angelo and Felicita spouses Zahra were inherited by their children and all the parties are the descendants of the same Angelo and Felicita spouses Zahra and/or heirs of the descendants of the same Angelo and Felicita spouses Zahra as therein indicated in detail in the prospect annexed with this application, Doc. JZ 3;

5. That none of the owners commenced an action before any Court or other Tribunal for the partition of the property de quo;
6. That all the applicants agreed regarding the sale of the property mentioned except the respondents;

7. That the greater number or co-owners or rather all co-owners except the respondents reached an agreement so that the premises mentioned be sold to Duncan Cocker (ID no. 449375M) and Rachel Cocker (ID 378977M) for the price of seventy thousand euro (€70,000);

8. That all the applicants except the respondents together with Duncan Cocker (ID No. 449375M) and Rachel Cocker (ID No 378977M) appeared on the preliminary agreement dated twenty sixth (26) ot May 2015, before Notary Charles Vella Zarb, whereby in the same preliminary agreement they declared that they are entering into this preliminary agreement in terms of the Article 495A of the Civil Code and which preliminary agreement contains also the pacts and conditions of sale, Doc. JZ2.

Thus, the applicants are asking this Honourable Court;


i) to authorise the sale according to the terms of the preliminary agreement dated twenty sixth (26) of May, 2015, drawn up by Notary Doctor Charles Vella Zarb and of the writings dated fifth (5) of July, 2016, and twenty first (21) of July, 2016, drawn up by Notary Dr Joseph Smith La Rosa, or alternatively that it establishes the conditions of sale; and

ii) to fix the day, time and place where the transfer of the immovables is to be made in terms of the preliminary greement or alternatively according to the conditions imposed by this Honourable Court; and

iii) appoint Notary Doctor Joseph Smith La Rosa to publish the relative public deed and appoint deputy curators, if it be the case from amongst the co-owners themselves, to represent those of the co-owners who fail to appear for the final deed.

With costs, against the respondents

Applicants: 15, Kindred Spirit, Triq San Ġwakkin, Marsaskala


List of Documents.

1. Doc. JZ1 – Notice of Succession of Felicita Zahra;
2. Doc. JZ2 – Preliminary Agreement dated seventeen (17) of December 2011 drawn up by Notary Charles Vella Zarb;
3. Doc. JZ3 – Prospect;
4. Doc. JZ4 – SKetch of the heirs of Angelo and Felicita spouses Zahra;
5. Doc. JZ5 – Death certificate of Angelo Zahra;
6. Doc. JZ6 – Death Certificate of Felicita Zahra;
7. Doc. JZ7 – Testementary Search of Angelo and Felicita Zahra;
8. Doc. JZ8 – Will of Angelo and Felicita spouses Zahra dated seventh (7) of April of the year 1911 in the records of Notary Enrico Saydon;
9. Doc. JZ 9 – Death Certificate of Mikelina Zahra;
10. Doc. JZ 10 – Testementary Search of Mikelina Zahra;

11. Doc. JZ11 – Sketch of the heirs of Joseph Zahra;
12. Doc. JZ12 – Certificate of death of Joseph Zahra;
13. Doc. JZ 13 – Will of Joseph Zahra;
14. Doc. JZ 14 – Certificate of Probate as regards Joseph Zahra;
15. Doc. JZ 15-Certificate of Death of Judith Zahra;
16. Doc. JZ 16-Will of Judith Zahra;
17. Doc. JZ17 – Codicil of Judith Zahra;
18. Doc. JZ18 –  Codicil of Judith Zahra;
19. Doc. JZ 19 – Certificate regarding Probate of Judith Zahra;
20. Doc. JZ 20 – Death Certificate of Lilian Tressler;
21. Doc. JZ21 – Death Certificate of Frank Zahra;
22. Doc. JZ22 – Will of Frank Zahra;
23. Doc. JZ23 – Amendment to a Trust of Frank Zahra;
24. Doc. JZ24 – Certificate of death of Charles Zahra;
25. Doc. JZ25 – Will of Charles Zahra;
26. Doc. JZ 26 – Probate as regards the inheritance of Charles Zahra;
27. Doc. JZ 27 – Certificate of death of Alice Zahra née Bouchard;
28. Doc. JZ28 – Will of Alice Zahra née Bouchard;
29. Doc. JZ29 – Certificate of Probate as regards the inheritance of Alice Zahra née Bouchard;
30. Doc. JZ 30 – Certificate of death of Charlotte Bloom;
31. Doc. JZ31 – Declaration as regards the inheritance of Charlotte Blom;
32. Doc. JZ 32 – Death Certificate of John Zahra;
33. Doc. JZ 33 – Will of John Zahra;
34. Doc. JZ 34 – Certificate regarding Probate of John Zahra;
35. Doc. JZ35 – Death Certificate of Edward Zahra;
36. Doc. JZ36 – Will of Edward Zahra;
37. Doc. JZ 37 – Trust of Edward and Stella spouses Zahra;
38. Doc. Jz38 – Death Certificate of Stella Zahra;
39. Doc. Jz39 – Will of Stella Zahra;
40. Doc. Jz40-Sketch of the heirs of Salvatore Zahra;
41. Doc. JZ41 – Death Certificate of Salvatore Zahra;
42. Doc. JZ42 –  Testementary Search of Salvatore Zahra;

43. Doc. JZ43 – Will of Salvatore Zahra;
44. Doc. JZ44 – Death Certificate of Felix Zahra;
45. Doc. JZ45 – Testementary Search of Felix Zahra;
46. Doc. JZ46 – Will of Felix Zahra;
47. Doc. JZ 47 – Death Certificate of Angela Spiteri;
48. Doc. JZ 48 – Testementary Search of Angela Zahra;
49. Doc. JZ 49 – Sketch of the heirs of Rosina Hammett;
50. Doc. JZ 50 – Death Certificate of Rosina Hammett;
51. Doc. JZ51 – Testementary Search of Rosina Hammett;

52. Doc. JZ52 – Death Certificate of Emanuela sive Lilian Newson;
53. Doc. JZ53 – Declaration of solicitor Genn C. Pitman;

54. Doc. JZ54 – Certificate of death of Frances Xavier Bonnici;
55. Doc. JZ55 – Probate and last will of Frances Xavier Bonnici;
56. Doc. JZ 56 – Certicate of death of Concetta sive Connie Zahra;
57. Doc. JZ57 – Probate and last will of C onnie Zahra;

58. Doc. JZ58 – Death Certificate of Roberta Theuma;
59. Doc. JZ 59 – Testementary Search of Roberta Theuma;
60. Doc. JZ 60 Death Certificate of Agnese Theuma;
61. Doc. JZ61 – Testementary Search ofl of Agnese Theuma;
62. Doc. JZ62 – Will of Agnese Theuma;
63. Doc. JZ 63 – Death Certificate of Edgar Theuma;
64.Testementary Search of Edgar Theuma ;
65. Doc. JZ 65 – Will of Edgar Theuma.

List of Powers of Attorney

1. Kenneth Newson (English passport number 206703828);
2. Brian Newson (English passport number 306835417);
3. Robert Newson (English passport number 965671V);
4. Diane Abraham (English passport number 209699573);
5. Ursola Timothy (English passport number 206639531);
6. Colin Newson (English passport number458754591);
7. Patricia May Wood (English passport number 100848314);
8. Carmen Spencer White (Australian passport number M1675016)
9. Roseanne Wildesisen (Australian driving license number 90249409);
10. John David Zahra (Australian passport number 087862546);
11. Stephen Zahra (Australian driving license number 087862546);
12. Paul Zahra (Australian driving license number 2017364218);
13. Syvia Hall (Australian passport number M3141193)
14. Rita Caratzas (Austalian driving license number 9645C4);
15. Maria Theresa Collet (Australian passport number M5869882);
16. Richard Theuma (English Passport number 207156101);
17. Henry Theuma (English passport number 593542)
18. Robert Tressler (American passport number 460955040);
19. Dorothy Hanks (American passport number 430905811);
20. Frank Joseph Zahra Jr. (American driving license number Z 600 270 50346 0);
21. Christine Zahra Kuhlewind (American driving License number K453119497240);
22. Michael J. Zahra (American driving license number CT 083507514);
23. Robert Morgenstern (American driving license number 598790529);
24. Mary Ramos (American passport number 46848989);

25. William Morgenstern (American license number 052917835);
26. Anne Graham (American passport number 435940635)
27. Carline Zahra (American ID  800245341);
28. Ronald Zahra (American driving license number 032277366);
29. Janette Zahra Tonna (American passport number 217929418);
30. Charles Zahra (American passport number 214890101
31. Frank Bloom (American passport number 500223326);
32. Edward Zahra (American driving license number 07596531);
33. Joseph Zahra (American drivin license number Z600-499-55-017-0);
34. Richard Zahra (American driving license number 063899101);
35. Adam Zahra (American driving license number Z600018850670);
36. Paul Zahra (American driving licebnse number 154932494);
37. Judith Zahra Nowosielski (American driving license number 354717488).

Applicants: 15, Kindred Spirit, Triq San Ġwakkin, Marsaskala

The Sworn Application in the names Zahra John et vs Bonnici Doris May et, application number 362/16 SM, has been deferred for hearing to the 22nd February, 2018, at 9.00 a.m.

Registry of the Superior Courts, today 2nd February, 2018

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



224

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 23rd day of May, 2017, following the request of John Zahra (ID 490866M) et, it was ordered that deputy curators be appointed to represent the absent Doris Bonnici and Darwin Tressler in the records of the Sworn Application with number 438/2017LM in the names John Zahra (ID 490866M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 18th day of May, 2017 in the First Hall of the Civil Court, in the names John Zahra (ID 490866M) et

vs

Deputy Curators to represent the absent Doris Bonnici and Darwin Tressler, John Zahra (ID 490866M) et respectfully submitted:

That the parties are co-owners of the garage with the number one hundred and sixty-four (164) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar with all its rights and appurtenances;

That they held this property in common for more than ten (10) years;

… omissis …

Therefore, the applicants request this Honourable Court to:

i. Authorize the sale under the terms of the promise of sale agreement dated the nineteenth (19th) day of April of the year two thousand and sixteen (2016) drawn up before Notary Charles Vella Zarb which promise of sale agreement was subsequently renewed by a writing dated the thirty-first (31st) day of May of the year two thousand and sixteen (2016) and subsequently amended by a writing signed on the twentieth (20th) day of October, 2016, and as subsequently renewed by a writing signed on the eighteenth (18th) day of February of the year two thousand and seventeen (2017) drawn up before the Notary Charles Vella Zarb (and/or as may be subsequently renewed) or alternatively to itself fix the conditions of sale;

ii. Set a date, time and place for the transfer of the immovable in terms of the promise of sale agreement or alternatively under the conditions imposed by this Honourable Court;
iii. Designate the Notary Charles Vella Zarb or another Notary Public to publish the relative public deed and appoint deputy curators, in order to represent the co-owners that fail to appear for the final deed.

With court costs against the respondents

Applicants: ohn Zahra (ID 490866M) et, 15, Kindred Spirit, Triq San Gwakkin, Marsaskala

Services: Deputy Curators, Superior Courts, 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 R. Micallef, LLD, Doctor of Laws.

Dated this 23rd day of May, 2017

Registry of the Superior Courts
Today Monday, 5th February, 2018

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



225

By a decree of the Court of Magistrates (Malta) of the 24th January 2018, 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 Ltd (C 344) of Miller House, Triq Ħal Tarxien, Airport Way, Ħal Luqa, filed a Claim on the 31st August, 2017, whereby they asked the Court to condemn David Lauri of Villa Trieste, Upper Gardens, St Julians, STJ 05, to pay the plaintiff company the sum of €10,156.33, which amount is due to the plaintiff company.
With costs and interests

The case (Notice number 245/17CSH) is deferred to the 7th March, 2018, at 9.00 a.m.

Registry of the Courts of Magistrates (Malta), today 5th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


226

By a decree of the Court of Magistrates (Malta) of the 23rd January, 2018, the publication of the following extract was ordered for the purpose of service to the defendant Cleaven Stephen John in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Emanuele Cassar (ID 767849M) of Ir-Ramla, Triq il-Gardiel, Marsaskala, filed a Claim on the 15th September 2017, whereby he asked the Court to condemn Stephen John Cleaver of 80, Triq il-Kbira, Ħaż-Żabbar, and Arms Limited for any interest it may have, to pay the plaintiff the sum of €5,901.08, which amount is due to the plaintiff.

With costs and interest

The case (Notice number 265/17CFF) is deferred to the 6th March, 2018, at 9.30 a.m.

Registry of the Courts of Magistrates (Malta), today 5th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals
 


227 

It is hereby notified that by virtue of a decree given on the 30th of November, 2017, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Joseph Camilleri of ‘Skippy Woodworks’, Ganpet Yard, Triq Tal-Ħorob, Xewkija, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:

Nadia Vella (ID 17276G) of Perla, Triq Ġuzepp Grech, Xewkija, Gozo, filed a claim in the Small Claims Tribunal (Gozo) – Case number 34/2017 in re ‘Nadia Vella vs Joseph Camilleri’ – on the 25th of August, 2017, wherein it requested the Tribunal to condemn the defendant Joseph Camilleri to pay the amount of €841.50 to the plaintiff, which amount represents half the expenses of extracurricular activities regarding their minor child, together with costs, interest and legal expenses. 
The hearing of this case is being deferred to the 22nd of February, 2018, at 11.00 a.m.

Registry of the Court of Magistrates (Gozo) 

This 5th February, 2018

DANIEL SACCO
Deputy Registrar



228

It is hereby notified that by virtue of a decree given on the 30th of November, 2017, the Small Claims Tribunal (Gozo), ordered the publication of the subjoined notice for the purposes of service in respect of the defendant Frankie Ion Magro of 7, Triq il-Papa Piju XII, Qala, Gozo, in terms of section 187(3) of Cap. 12 of the Laws of Malta:

Christopher Paul Craven (KI 108178A) in his persona name and exercising the buisness with the name ‘Carmeleon Auto Worx’ of Unit B7, Midland Micro Enterprise Park, Triq Burmarrad, Naxxar, Malta, filed a claim in the Small claims Tribunal (Gozo) – Case number 35/2017 in re ‘Christopher Paul Craven et noe vs Frankie Ion Magro’ – on the 25th of August, 2017, wherein it requested the Tribunal to condemn the defendant Frankie Ion Magro to pay the amount of €4,011 to the plaintiff, which amount is due as payment balance in connection with work done on and parts supplied for vehicle BMW318 registration number FIM110 done to the defendant on his own charge and damages caused on a mobile phone of the make iPhone 5S loaned to the defendant, together with costs, interest and legal expenses. 

The hearing of this case is being deferred to the 22nd of February, 2018, at 11.00 a.m.

Registry of the Court of Magistrates (Gozo) 

This 5th of February, 2018

DANIEL SACCO
Deputy Registrar



229

By a decree of the 22nd January, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to articles 187 (3) of the Code of Organization and Civil Procedure (Cap. 12)

By a Decree of the 27th October, 2017, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Cap. 12).
That by application and a Schedule of set-off filed contemporaneously by David John Landro (ID 164903L) on the 25th October, 2017, the approval of the said judicial acts is being demanded for the amount of €54,000, following judicial sale by auction 82/16 in the names David John Landro vs Joseph Aquilina held under the Authority of the said Court on the 19th October, 2017.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall, with the answer, file all relevant evidence to substantiate their opposition.


Registry of the Superior Courts, this Monday, 5th February, 2018

RUDOLPH MARMARÀ
For the Registrar, Civil Courts and Tribunals



230

Notice, Registry of the Civil Court, First Hall

Whereas Jonathan Philip Briscoe White et (ID 212496M) filed an application under oath (Number 88/2018/LSO) demanding Correction in the Act of Birth numbers 2142/1996 and 2124/1996 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 

Today 5th February, 2018

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals


231

Notice is hereby given that by an order of the First Hall of the Civil Court, in the records of the Sworn Application in the names John Zahra (ID 490866M) et vs Deputy Curators (Doris May Bonnici et), Sworn Application number 438/2017 LM, this publication was ordered in terms of Article 495A of Cap. 16 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names John Zahra (ID 490866M), Sylvan Aquilina Zahra (ID 327570M), Felicity Theresa Borg (ID 223264M), Rita Maria Zahra (ID 109338M) for every interest she might has, Astrid Tonna (ID 171561M), Jennifer Farrugia (ID 179063M), Louise Anne Gusman (ID 446975M), Alexander Spiteri (ID 447075M), Carmen Delia (ID 804154M), Emmanuela Theuma (ID 553336M), John Zahra on behalf and in representation of the absent: Kenneth Paul Newson (British passport 206703828), Brian Newson (British passport 306835417), Robert Anthony Newson (British passport 965671 V), Diane Christine Abraham (British passport 209699573), Ursola Timothy (British passport 206639531), Colin William Newson (British passport 458754591), Patricia May Wood (British passport 100848314), Carmen Spencer White (Australian passport M1675016), Roseanne Wildeisen (Australian driver licence 90-249-409), John David Zahra (Australian passport M8009285), Stephen Zahra (Australian driver licence 087862546), Paul Zahra (Australian driver licence 2017364218), Sylvia Hall (Australian passport M3141193), Rita Caratzas (Australian driver licence 9645C4), Maria Theresa Collet (Australian passport M5869882), Richard Charles Theuma (British passport 207156101), Henry Theuma (British passport 593542), Robert Tressler (American passport 460955040), Dorothy Hanks (American passport 430905811), Frank Joseph Zahra Jr (American driver licence Z600-270-50-346-0), Christine Zahra Kuhlewind (American driver licence K453-119-49-724-0), Michael J. Zahra (American driver licence CT 083507514), Robert Morgenstern (American driver licence 598790529), Mary Ramos (American passport 468489891), William Morgenstern (Driver Licence of Georgia (USA) 052917835), Anne Graham (American passport 435940635), Caroline Anna Zahra (American ID number 800245341), Ronald Zahra (Driver Licence of Georgia 032277366), Janette Zahra Toma (American passport 217929418), Charles Zahra (American passport 214890101), Frank Bloom (American passport 500223326), Edward Zahra (American driver licence 07596531), Joseph Zahra (American driver licence Z600-499-55-017-0), Richard Zahra (American driver licence 063899101), Adam Zahra (American driver licence Z600018850670), Paul Zahra (American driver licence 154932494) for every interest he might have, Judith Zahra Nowosielski (American driver licence 354717488) for every interest she might have;
vs 

Doris May Bonnici, and Darwin Tressler on the 18th day of May, 2017, the applicants John Zahra (ID 490866M) et respectfully submitted: 

Reason for Claim and Statement of Facts

1. That the parties are co-owners of the garage with the number one hundred and sixty-four (164) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar, with all its rights and appurtenances;


2. That they held this property in common for more than ten (10) years;

3. That:

a. By a contract dated the twenty-third (23rd) day of July of the year one thousand nine hundred and six (1906), in the records of Notary Francesco Camilleri, (Doc. JZ 1) Angelo Zahra, during his marriage with his spouse Felicita Zahra, had acquired the premises with the number one hundred and sixty-five (165) previously one hundred and fifty-one (151) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar;

b. By a contract dated the twenty-eight (28th) day of May of the year one thousand nine hundred and fifty-seven (1957) in the records of Notary John Micallef Trigona (Doc. JZ 2) Salvatore Zahra acquired and bought the premises with the number one hundred and sixty-four (164) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar;

c. Subsequently, Salvatore Zahra, by a contract dated the twenty-fifth (25th) day of April of the year one thousand nine hundred and fifty-nine (1959) in the records of Notary John Micallef Trigona (Doc. JZ 3), sold and transferred three undivided quarters (3/4) of the premises with the number one hundred and sixty-four (164) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar to Michelina Zahra, Judith widow of Joseph Zahra and Rosina Hammet, so that Salvatore Zahra, Michelina Zahra, Judith widow of Joseph Zahra and Rosina Hammet became co-owners of the premises with the number one hundred and sixty-four (164) in Sqaq 1, Triq Biċċieni, Ħaż-Żabbar in equal shares between them;

d. That these premises were demolished and in their place were reconstructed the premises in question, or rather the garage with the number one hundred and sixty-four (164) and other properties;

4. That Angelo and Felicita spouses Zahra and Salvatore Zahra, Michelina Zahra, Judith Zahra and Rosina Hammet were inherited by their children and all the parties are the descendants of the said Angelo and Felicita spouses Zahra and Salvatore Zahra, Michelina Zahra, Judith Zahra and Rosina Hammet and/or heirs of the descendants of the said Angelo and Felicita spouses Zahra and Salvatore Zahra, Michelina Zahra, Judith Zahra and Rosina Hammet as indicated in detail in the prospectus attached with this application – Doc. JZ 8;

5. That none of the owners brought an action before any court or other tribunal for the division of the property de quo;

6. That all the applicants agreed on the sale of the said property except for the respondents;

7. That the majority of owners, or rather all co-owners other than the respondents agreed to sell the abovementioned property to Carmel sive Charles Mangion (ID 10556M) for the price of eleven thousand and five hundred euro (€11,500);

8. That all applicants except for the respondents along with Carmel sive Charles Mangion (ID 10556M) appeared on a promise of sale agreement dated the nineteenth (19th) day of April of the year two thousand and sixteen (2016) before Notary Charles Vella Zarb (Doc. JZ 4), which promise of sale agreement was subsequently renewed by a writing dated the thirty-first (31st) day of May of the year two thousand and sixteen (2016) and was subsequently amended by a writing signed on the twentieth (20th) day of October 2016, and subsequently was renewed by a writing dated the eighteenth (18th) day of February of the year two thousand and seventeen (2017) where in the same promise of sale agreement they declared that they are making this promise of sale agreement in terms of Article 495A of the Civil Code and which promise of sale agreement also contains the terms and conditions of sale – Doc. JZ 5, Doc. JZ 6 and Doc. JZ 7;

9. That given the facts narrated above the present procedures had to be filed;

10. That the applicants know these facts personally.

Claims

Therefore, the applicants request this Honourable Court to:

i. Authorize the sale under the terms of the promise of sale agreement dated the nineteenth (19th) day of April of the year two thousand and sixteen (2016) drawn up before Notary Charles Vella Zarb which promise of sale agreement was subsequently renewed by a writing dated the thirty-first (31st) day of May of the year two thousand and sixteen (2016) and subsequently amended by a writing signed on the twentieth (20th) day of October, 2016, and as subsequently renewed by a writing signed on the eighteenth (18th) day of February of the year two thousand and seventeen (2017) drawn up before the Notary Charles Vella Zarb (and/or as may be subsequently renewed) or alternatively to itself fix the conditions of sale;

ii. Set a date, time and place for the transfer of the immovable in terms of the promise of sale agreement or alternatively under the conditions imposed by this Honourable Court;

iii. Designate the Notary Charles Vella Zarb or another Notary Public to publish the relative public deed and appoint deputy curators, in order to represent the co-owners that fail to appear for the final deed.

With court costs against the respondents

John Zahra (ID 490866M), Sylvan Aquilina Zahra (ID 327570M), Felicity Theresa Borg (ID 223264M), Rita Maria Zahra (ID 109338M) for every interest she might has, Astrid Tonna (ID 171561M), Jennifer Farrugia (ID 179063M), Louise Anne Gusman (ID 446975M), Alexander Spiteri (ID 447075M), Carmen Delia (ID 804154M), Emmanuela Theuma (ID 553336M), John Zahra on behalf and in representation of the absent: Kenneth Paul Newson (British passport 206703828), Brian Newson (British passport 306835417), Robert Anthony Newson (British passport 965671 V), Diane Christine Abraham (British passport 209699573), Ursola Timothy (British passport 206639531), Colin William Newson (British passport 458754591), Patricia May Wood (British passport 100848314), Carmen Spencer White (Australian passport M1675016), Roseanne Wildeisen (Australian driver licence 90-249-409), John David Zahra (Australian passport M8009285), Stephen Zahra (Australian driver licence 087862546), Paul Zahra (Australian driver licence 2017364218), Sylvia Hall (Australian passport M3141193), Rita Caratzas (Australian driver licence 9645C4), Maria Theresa Collet (Australian passport M5869882), Richard Charles Theuma (British passport 207156101), Henry Theuma (British passport 593542), Robert Tressler (American passport 460955040), Dorothy Hanks (American passport 430905811), Frank Joseph Zahra Jr. (American driver licence Z600-270-50-346-0), Christine Zahra Kuhlewind (American driver licence K453-119-49-724-0), Michael J. Zahra (American driver licence CT 083507514), Robert Morgenstern (American driver licence 598790529), Mary Ramos (American passport 468489891), William Morgenstern (Driver Licence of Georgia (USA) 052917835), Anne Graham (American passport 435940635), Caroline Anna Zahra (American ID number 800245341), Ronald Zahra (Driver Licence of Georgia 032277366), Janette Zahra Toma (American passport 217929418), Charles Zahra (American passport 214890101), Frank Bloom (American passport 500223326), Edward Zahra (American driver licence 07596531), Joseph Zahra (American driver licence Z600-499-55-017-0), Richard Zahra (American driver licence 063899101), Adam Zahra (American driver licence Z600018850670), Paul Zahra (American driver licence 154932494) for every interest he might have, Judith Zahra Nowosielski (American driver licence 354717488) for every interest she might have;

vs 

Doris May Bonnici, and Darwin Tressler

List of Witnesses

1. The applicants for confirmation of the facts declared and to elaborate on them;
2. The respondents in deposition;
3. Notaries that published relative contracts and Keepers of the acts of Notaries deceased or not exercising their office in Malta;
4. Notary Charles Vella Zarb to confirm the promise of sale agreement and the amendments and/or extensions of the same and to testify on related facts;
5. Commissioner of Inland Revenue to give evidence on the registration of the same promise of sale agreement;
6. Carmelo sive Charles Mangion to testify about facts relating to the case;
7. The Notary to Government and representatives of the Notarial Archives;
8. Representatives of government departments and other authorities and entities/bodies;
9. Other persons whose names are unknown to testify about facts relating to the case.

John Zahra (ID 490866M), Sylvan Aquilina Zahra (ID 327570M), Felicity Theresa Borg (ID 223264M), Rita Maria Zahra (ID 109338M) for every interest she might has, Astrid Tonna (ID 171561M), Jennifer Farrugia (ID 179063M), Louise Anne Gusman (ID 446975M), Alexander Spiteri (ID 447075M), Carmen Delia (ID 804154M), Emmanuela Theuma (ID 553336M), John Zahra on behalf and in representation of the absent: Kenneth Paul Newson (British passport 206703828), Brian Newson (British passport 306835417), Robert Anthony Newson (British passport 965671 V), Diane Christine Abraham (British passport 209699573), Ursola Timothy (British passport 206639531), Colin William Newson (British passport 458754591), Patricia May Wood (British passport 100848314), Carmen Spencer White (Australian passport M1675016), Roseanne Wildeisen (Australian driver licence 90-249-409), John David Zahra (Australian passport M8009285), Stephen Zahra (Australian driver licence 087862546), Paul Zahra (Australian driver licence 2017364218), Sylvia Hall (Australian passport M3141193), Rita Caratzas (Australian driver licence 9645C4), Maria Theresa Collet (Australian passport M5869882), Richard Charles Theuma (British passport 207156101), Henry Theuma (British passport 593542), Robert Tressler (American passport 460955040), Dorothy Hanks (American passport 430905811), Frank Joseph Zahra Jr. (American driver licence Z600-270-50-346-0), Christine Zahra Kuhlewind (American driver licence K453-119-49-724-0), Michael J. Zahra (American driver licence CT 083507514), Robert Morgenstern (American driver licence 598790529), Mary Ramos (American passport 468489891), William Morgenstern (Driver Licence of Georgia (USA) 052917835), Anne Graham (American passport 435940635), Caroline Anna Zahra (American ID number 800245341), Ronald Zahra (Driver Licence of Georgia 032277366), Janette Zahra Toma (American passport 217929418), Charles Zahra (American passport 214890101), Frank Bloom (American passport 500223326), Edward Zahra (American driver licence 07596531), Joseph Zahra (American driver licence Z600-499-55-017-0), Richard Zahra (American driver licence 063899101), Adam Zahra (American driver licence Z600018850670), Paul Zahra (American driver licence 154932494) for every interest he might have, Judith Zahra Nowosielski (American driver licence 354717488) for every interest she might have;

vs 

Doris May Bonnici, and Darwin Tressler

List of Documents

Doc. JZ 1 – Contract dated the 23rd day of July, 1906 in the records of Notary Francesco Camilleri;

Doc. JZ 2 – Contract dated the twenty-eighth (28th) day of May of the year one thousand nine hundred and fifty-seven (1957) in the records of Notary John Micallef Trigona;

Doc. JZ 3 – ontract dated the twenty-fifth (25th) day of April of the year one thousand and fifty-nine (1959) in the records of Notary John Micallef Trigona;

Doc. JZ 4 – romise of sale agreement dated the ninteenth (19th) day of April, 2016, drawn up by Notary Charles Vella Zarb;

Doc. JZ 5 – riting dated the thirty-first (31st) day of 2016 drawn up by Notary Charles Vella Zarb;

Doc. JZ 6 – Writing dated the twentieth (20th) day of October 2016 drawn up by Notary Charles Vella Zarb;

Doc. JZ 7 – riting dated the eighteenth (18th) day of February of the year two thousand and seventeen (2017) drawn up by Notary Charles Vella Zarb;

Doc. JZ 8 – Prospectus and Terms and Conditions of the Sale;

Doc. JZ 9 – List of the heirs of Angelo and Felicita spouses Zahra;
Doc. JZ 10 – Certificate of death of Angelo Zahra;

Doc. JZ 11 – ertificate of death of Felicita Zahra;

Doc. JZ 12 – Wills Search of Angelo Zahra;

Doc. JZ 13 – Wills Search of Felicita spouses Zahra;


Doc. JZ 14 – ill of Angelo and Felicita spouses Zahra dated the seventh (7th) day of April of the year 1911 in the records of Notary Enrico Saydon;

Doc. JZ 15 – Certificate of death of Michelina Zahra;

Doc. JZ 16 – Wills Search of Mikelina Zahra;

Doc. JZ 17 – List of the heirs of Joseph Zahra;

Doc. JZ 18 – Certificate of death of Joseph Zahra;

Doc. JZ 19 – Will of Joseph Zahra;

Doc. JZ 20 – Certificate of Probate vis-a-vis Joseph Zahra;

Doc. JZ 21 – Certificate of death of Judith Zahra;

Doc. JZ 22 – Will of Judith Zahra;

Doc. JZ 23 – Codicil of Judith Zahra;

Doc. JZ 24 – Codicil of Judith Zahra;

Doc. JZ 25 – Certificate regarding Probate of Judith Zahra;

Doc. JZ 26 – Certificate of death of Lilian Tressler;

Doc. JZ 27 – Certificate of death of Frank Zahra;

Doc. JZ 28 – Will of Frank Zahra;

Doc. JZ 29 – Amendment to the Trust of Frank Zahra;

Doc. JZ 30 – Certificate of death of Charles Zahra;

Doc. JZ 31 – Will of Charles Zahra;

Doc. JZ 32 – Probate regarding the inheritance of Charles Zahra;

Doc. JZ 33 – Certificate of death of Alice Zahra née Bouchard;

Doc. JZ 34 – Will of Alice Zahra née Bouchard;

Doc. JZ 35 – Certificate of Probate regarding the inheritance of Alice Zahra née Bouchard;

Doc. JZ 36 – Certificate of death Charlotte Bloom;

Doc. JZ 37 – Declaration about the inheritance of Charlotte Bloom;

Doc. JZ 38 – Certificate of death of John Zahra;

Doc. JZ 39 – Will of John Zahra;

Doc. JZ 40 – Certificate regarding Probate of John Zahra;

Doc. JZ 41 – Certificate of death of Edward Zahra;

Doc. JZ 42 – Will of Edward Zahra;

Doc. JZ 43 – Trust of Edward and Stella spouses Zahra;

Doc. JZ 44 – Certificate of death of Stella Zahra;

Doc. JZ 45 – Will of Stella Zahra;

Doc. JZ 46 – List of the heirs of Salvatore Zahra;

Doc. JZ 47 – Certificate of death of Salvatore Zahra;

Doc. JZ 48 – Wills Search of Salvatore Zahra;

Doc. JZ 49 – Will of Salvatore Zahra;

Doc. JZ 50 – Certificate of death of Felix Zahra;

Doc. JZ 51 – Wills Search of Felix Zahra;

Doc. JZ 52 – Will of Felix Zahra;

Doc. JZ 53 – Certificate of death of Angela Spiteri;

Doc. JZ 54 – Wills Search of Angela Zahra;

Doc. JZ 55 – List of the heirs of Rosina Hammett;

Doc. JZ 56 – Certificate of death of Rosina Hammett;

Doc. JZ 57 – Wills Search of Rosina Hammett;

Doc. JZ 58 – Certificate of death of Emanuela sive Lilian Newson;

Doc. JZ 59 – Declaration of the solicitor Glenn C Pitman;

Doc. JZ 60 – Certificate of death of Frances Xavier Bonnici;

Doc. JZ 61 – Probate and the last will of Frances Xavier Bonnici;

Doc. JZ 62 – Certificate of death of Concetta sive Connie Zahra;

Doc. JZ 63 – Probate and the last will of Connie Zahra;

Doc. JZ 64 – Certificate of death of Roberta Theuma;

Doc. JZ 65 – Wills Search of Roberta Theuma;

Doc. JZ 66 – Certificate of death of Agnese Theuma;

Doc. JZ 67 – Wills Search of Agnese Theuma;

Doc. JZ 68 – Will of Agnese Theuma;

Doc. JZ 69 – Certificate of death of Edgar Theuma;

Doc. JZ 70 – Wills Search of Edgar Theuma;

Doc. JZ 71 – Will of Edgar Theuma.


List of Powers of Attorney

1. Kenneth Newson (British passport 206703828);
2. Brian Newson (British passport 306835417);
3. Robert Newson (British passport 965671 V);
4. Diane Abraham (British passport 209699573);
5. Ursola Timothy (British passport 206639531);
6. Colin Newson (British passport 458754591);
7. Patricia May Wood (British passport 100848314);
8. Carmen Spencer White (Australian passport M1675016);
9. Roseanne Wildeisen (Australian driver licence 90249409);
10. John David Zahra (Australian passport M8009285);
11. Stephen Zahra (Australian driver licence 087862546);
12. Paul Zahra (Australian driver licence 2017364218);
13. Sylvia Hall (Australian passport M3141193);
14. Rita Caratzas (Australian driver licence 9645C4);
15. Maria Theresa Collet (Australian passport M5869882);
16. Richard Theuma (British passport 207156101);
17. Henry Theuma (British passport 593542);
18. Robert Tressler (American passport 460955040);
19. Dorothy Hanks (American passport 430905811);
20. Frank Joseph Zahra Jr (American driver licence Z600 270 50346 0);
21. Christine Zahra Kuhlewind (American driver licence K453119497240);
22. Michael J. Zahra (American driver licence CT 083507514);
23. Robert Morgenstern (American driver licence 598790529);
24. Mary Ramos (American passport 468489891);
25. William Morgenstern (American driver licence 052917835);
26. Anne Graham (American passport 435940635);
27. Caroline Zahra (American ID 800245341);
28. Ronald Zahra (American driver licence 032277366);
29. Janette Zahra Toma (American passport 217929418);
30. Charles Zahra (American passport 214890101);
31. Frank Bloom (American passport 500223326);
32. Edward Zahra (American driver licence 07596531);

33. Joseph Zahra (American driver licence Z600-499-55-017-0);
34. Richard Zahra (American driver licence 063899101);
35. Adam Zahra (American driver licence Z600018850670);
36. Paul Zahra (American driver licence 154932494);
37. Judith Zahra Nowosielski (American driver licence 354717488).

Applicants: 15, Kindred Spirit, Triq San Ġwakkin, Marsaskala

Registry of the Superior Courts

Today Monday, the 5th day of February, 2018

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



By virtue of decrees given by the Court of Magistrates (Gozo), Inferior Jurisdiction, on the 11th December, 2017, the application of Natal Fava (ID 29959G) in the records of judicial Sale by Auction number 9/2016JVC (and following warrant of seizure number 62/2016JVC) in the names Natal Fava (ID 29959G) vs Joseph (ID 334858M) and Anna (ID 8868G) spouses Fenech on Monday, 26th February, 2018, at ten o’clock in the morning (10.00 a.m.) has been set for the Sale by Auction and until the highest bid is adjudicated. By a decree of the 3rd November, 2016, the Sale by Auction, is to be held at the premises number 29, Triq il-Mitħna l-Qadima, Nadur, Gozo, of the following items:


Fridge freezer of the make Zanussi; television of the make Hyundai; a clock; electric fan of the make Airmate; microwave oven; radio Road Star and a radio digital stereo.
The said items are seized from the possession of Joseph and Anna spouses Fenech as described in detail in the report drawn up by the Court executive officers, a copy of which may be obtained from the Registrar of the Gozo Courts (email: diane.a.farrugia@gov.mt; Tel: 2215 6665).

Registry of the Court of Magistrates (Gozo), Inferior Jurisdiction, today Tuesday, 6th February, 2018

DIANE FARRUGIA 
For the Registrar, Gozo Courts and Tribunals



232

By decree given by the Civil Court, First Hall, on 1st February, 2018 on the application of J. Zammit Limited (C 37945), Wednesday, 11th April, 2018 at half past ten in the morning (10:30 a.m.) has been fixed for the Sale by Auction, to be held at number three (3), ‘St James Court’, Triq is-Sienja, Ħ’Attard, of the following items seized from the property of Grixti Daniela (ID 432889M).

Vehicle of the make Renault Megane with the registration number JBU 081 silver in colour.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 32/17.

Registry of the Superior Courts, this Tuesday, 6th February, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



233

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 19th day of October, 2017, in the records of the Sworn Application in the names George Zammit (ID 717150M) et vs Acorn Properties Limited (C 37361), Sworn Application number 1161/2016 SM, it was ordered that service upon Acorn Properties Limited (C 37361) 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 George Zammit (ID 717150M), and Yvonne Zammit (ID 437255M) vs Acorn Properties Limited (C 37361) on the 23rd day of December, 2016, the applicants George Zammit (ID 717150M) et asked this Honourable Court to:

1. Order the respondent company, in execution of the promise of sale agreement of the 14th day of January of the year two thousand and eleven (14.01.2011), to appear for the publication of the contract of sale and purchase of the semidetached villa with the number two hundred and twenty-one, letter ‘B’(221B) in Triq in-Nixxiegħa, Santa Marija Estate, Mellieħa, better described in the said promise of sale agreement, by the same respondent company to the plaintiffs in terms of the obligations assumed by it on the same promise of sale agreement and for the price of four hundred and sixty-five thousand euro (€465,000) and under all the terms and conditions mentioned in the same promise of sale agreement, and this within a short and peremptory period of time to be fixed by this Honourable Court;

2. Designate a Notary Public to receive and publish the relative contracts of sale and purchase, and appoint deputy curators to represent the eventual defaulters. 

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

Applicants: George Zammit (ID 717150M) et, 35, ‘Fiorita’, Triq il-Ħelsien,Ħal Qormi 

Services: Acorn Properties Limited (C 37361), 103, Old Railway Track, Santa Venera

The Sworn Application in the names George Zammit (ID 717150M) et vs Acorn Properties Limited (C 37361) was deferred for hearing to the 24th day of April, 2018, at 9.00 a.m.

Registry of the Superior Courts
Today Tuesday, 6th February, 2018

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



234

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 24th day of January, 2018 following the request of L.L.M.A. Limited (C 14132), it was ordered that deputy curators be appointed to represent the unknown owners in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 139/2018 in the names L.L.M.A. Limited (C 14132) 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 23rd day of January, 2018, in the First Hall of the Civil Court, in the names L.L.M.A. Limited (C 14132)

vs

Deputy Curators to represent the unknown owners, L.L.M.A. Limited (C 14132) respectfully submitted:

That the depositor is the owner of the roof and relative airspace (and of undivided shares of the staircase and stairs) of the house with the number 16, named ‘Casa Azzuara’, in Triq il-Qolla, Ħaż-Żebbuġ, Malta, 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 and sub-ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;

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 redeem this same ground rent and sub-ground rent in terms of the cited law by depositing the sum of €768.60 which represents the price of redemption of the said ground rent and sub-ground rent in order to be freely withdrawn by the deputy curators appointed to represent the unknown owners, after the due receipt is left according to law.

Depositor: L.L.M.A. Limited (C 14132), 76, Gorgrace, Triq id-Drama, 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 R. Micallef, LLD, Doctor of Laws.
Dated this 24th day of January, 2018

Registry of the Superior Courts
Today Tuesday, 6th February, 2018

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



235

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 21st day of April, 2017, following the request of George Debono (ID 602954M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of the deceased Giovanni, Carmelo and Angela siblings Buhagiar in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 662/2017 in the names George Debono (ID 602954M) 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 19th day of April, 2017, in the First Hall of the Civil Court, in the names George Debono (ID 602954M), Emanuel Debono (ID 33664M), Massimo Debono (ID 306347M), Angela sive Lilian Buckle (ID 391748M), Anton Debono (ID 574065M), and Mario Debono (ID 471750M)

vs

Deputy Curators to represent the unknown heirs of the deceased Giovanni, Carmelo and Angela siblings Buhagiar, George Debono (ID 602954M) et respectfully submitted:


That the depositors are all owners of the house without an official property number, with the name of ‘Santa Marija’, in Triq iż-Żonqor previously Triq San Ġużepp, Marsaskala, described in the aforementioned Schedule of Deposit and Concurrent Redemption of Ground Rent and which house partially overlies the property of third parties, rather the maisonette without its airspace, with the name of ‘Riviera’, Triq iż-Żonqor, Marsaskala;

That the said house and maisonette are subject to an annual and perpetual ground rent, amount given in the same Schedule of Deposit and Concurrent Redemption of Ground Rent;
That for all intents and purposes the depositors will redeem the annual and perpetual ground rent that burdens the whole land, on which the house and the maisonette named ‘Riviera’ were built;

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 €646.40 which represents the price of redemption of the said ground rent as well as the amount of €32.32 representing the payment of a laudemium in order to be freely withdrawn by the deputy curators appointed to represent the unknown heirs of the deceased Giovanni, Carmelo and Angela siblings Buhagiar, after the due receipt is left according to law.

Depositors: George Debono (ID 602954M) et, Il-Piazzetta, Blk B, Fl 65, Triq it-Torri, Tas-Sliema

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta

Land Registry, Valletta

Commissioner of Lands, 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 Anthony Ellul, LLD, Doctor of Laws.

Dated this 21st day of April, 2017

Registry of the Superior Courts

Today Tuesday, the 6th day of February, 2018

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

235

By decree given by the Civil Court, First Hall on 15th January, 2018, on the application of J. Zammit Limited (C 37945), Wednesday, 7th March, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at Garage number three (3), St James Court, Triq is-Sienja, Ħ’Attard, of the following items seized from the property of Agius Timothy (ID 290889M).

Vehicle of the make Smart for Two with the registration number GBQ 116.

N.B. The said vehicle will be sold as described in the acts of the judicial sale file number 36/17.

Registry of the Superior Courts, this Tuesday, 6th February, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals


 237

Bann for Curators 

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 31st January, 2018, 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 31st January, 2018, in the records of the schedule of deposit and concurrent redemption of ground rent number 17/2018 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by the applicant Godwin Micallef, a soldier, son of John Micallef and the late Mary Anne née Caruana, born in Ħ’Attard, Malta, on the 28th November, 1977, and residing in Xaghra, Gozo, identity card number 41978M whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown persons who are 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 17/2018 in names “Godwin Micallef versus deputy curators to represent the unknown persons who are entitled to receive the herein mentioned ground rent in the schedule of redemption of ground rent,” filed on the 30th January, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 
The applicant is the owner of a tract of land known as ‘Ta’ Dahar il-Ħmar’, in the limits of Victoria, Gozo measuring circa one hundred and forty-five point one square metres (145.1 sq. m.) and bounded on the East by property of the heirs of Pietru Micallef, South by property of Gorg Vella and West by property of the heirs of Monsignor Salvatore Attard or more correct boundaries, which tract of land was acquired by virtue of a deed of irrevocable donation in the records of Notary Joanne Cauchi published on the twenty ninth (29th) of September of the year two thousand and seventeen (2017), which land is shown on a plan annexed to the schedule.

It now results that the said property devolved from a deed of partition in the records of the Notary Dr Paul George Pisani of the fifth (5th) June of the year nineteen eighty-seven (1987). In the said deed it is stated that the land is subject to the annual and perpetual ground rent in the amount of one shilling and two pence and a half (1s2 1/2d) equivalent to the old currency of six Maltese Lira cents (Lm0.06c) today equivalent to fourteen euro cents (€0.14c);

Thus, the applicant is depositing the sum of four euro and twenty cents (€4.20) which is the annual and perpetual ground rent for the past thirty (30) years. 

Thus, the applicant is redeeming this ground rent and thus he is humbly calling upon this Honourable Court and under its authority he is depositing the amount of four euro and twenty euro cents (€4.20) being ground rent due for the past thirty (30) years and he is also depositing the sum of two euro and eighty euro cents (€2.80), representing the concurrent redemption of ground rent capitalized at the rate of five percent (5%) with regard the portion of land above described which amount of seven euros (€7) may be freely withdrawn by the respondent who proves their title to it and on condition they tender due receipt in its regard. 

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 this bann, you are to inform this Court forthwith.

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

This 6th February, 2018

Registry of the Court of Magistrates (Gozo) 
Superior Jurisdiction, General Section

DIANE FARRUGIA
For the Registrar, Gozo Courts and Tribunals



238

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Vanessa Abela (ID 203285M) filed an application under oath (No. 203/17RGM) demanding Corrections in the Act of Birth of the minor child Mackenzie Abela number 2964/2008, 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, 

This 6th of February, 2018

KAREN FALZON 
For Registrar, Civil Courts and Tribunals



240

By a decree given on the 1st February, 2018, 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 Organization and Civil Procedure (Cap. 12).

By decree given by the Civil Court, First Hall on 3rd January, 2018, on the application of J. Zammit Limited (C 37945), Wednesday, 14th February, 2018 at half past ten in the morning (10:30 a.m.) has been fixed for the Sale by Auction, to be held at ‘St James Court’, Garage number three (3), Triq il-Kappar, Ħ’Attard, of the following items seized from the property of Nappa Spiridione (ID 267381M).

Vehicle of the make Fiat Punto, black in colour with the registration number ACA 518.
N.B. The said vehicle will be sold as described in the acts of judicial sale number 10/17.

Registry of the Superior Courts, this Monday, 5th February, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals



241

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 15th day of January, 2018, following the request of Francis Gatt (ID 181064M) et, it was ordered that deputy curators be appointed to represent the absent Josephine Smith (ID 256457M) in the records of the cause with number 40/2018 AF in the names Francis Gatt (ID 181064M) et vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 12th day of January, 2018, in the First Hall of the Civil Court, in the names Francis Gatt (ID 181064M) pro et noe, Annunzjata sive Nancy Degabriele (ID 426351M), Victoria Zarb (ID 441052M), Catherine Ripard (ID 713253M), Teodosio Gatt (ID 116655M), and Salvatore sive Saviour Gatt (ID 649461M)

vs

Deputy Curators to represent the absent Josephine Smith (ID 256457M), Francis Gatt (ID 181064M) et respectfully submitted:

That the parties in this cause, all siblings Gatt, are the co-owners of the house 223/224/225/226, Main Street, Ħaż-Żebbuġ, Malta;

That the parties have been co-owners of this house for many years, and the plaintiffs have for at least ten years wanted to sell the property and trying to find a sale;

… omissis …

That therefore all the circumstances exist for this cause to be filed in terms of Article 495A of Cap. 16.
Therefore, the plaintiffs humbly ask this Honourable Court, saving any necessary and appropriate declaration of the defendant, to:

1. Authorize and approve the sale of the property 223/224/225/226, Main Street, Ħaż-Żebbuġ, Malta, as proposed in the promise of sale agreement Doc. FG2, and

2. Order the publication of the deed of sale, set the time, the day and the place, when and where the transfer should take place, appoint Notary Dr Marco Burlo to publish the relative deed and any other relative acts including if it’s the case causa mortis, and appoint deputy curators to represent each of the co-owners that fail to appear on the relative acts;

With court costs against the defendant

Applicants: Francis Gatt (ID 181064M) et, 3, Triq Sant Antnin, Ħaż-Żebbuġ

Services: Deputy Curators, Superior Courts, 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 Toni Abela, LLD, Doctor of Laws.

Dated this 15th day of January, 2018

Registry of the Superior Courts

Today Wednesday, 7th February, 2018

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



242

It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 30th of January 2018, by Franġisku Cilia et, number 138/2018, wherein they prayed to be declared open in favour of Frangisku, Victor u John, siblings Cilia in shares of one fourth (1/4) undivided each and in favour of Mark Anthony, Jason and Ravene Kim, siblings Cilia in shares of one twelfth (1/12) undivided each the Succession of Rita Cilia (KI 0565420M), widow of Joseph Cilia, daughter of the late Matteo Frendo and the late Marianna née Hagerty, born at Cospicua, resided at Marsaskala and died at Tal-Qorqq, Msida on the 27th of May, 2016, aged 96. 

Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et sequitur of Cap.12 of the Laws of Malta

Registry of the Civil Court (Voluntary Jurisdiction Section)

Today the 7th day of February, 2018

MARCEL BUGEJA
For the Registrar, Civil Courts and Tribunals



243

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 16th day of June, 2015, following the request of John Portelli (ID 887946M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of the deceased Pietro Paolo Vella in the records of the Schedule of Deposit and Concurrent Redemption of Ground Rent with number 887/2015 in the names John Portelli (ID 887946M) et vs Deputy Curators et and in the other relative and subsequent acts.

By a Schedule of Deposit and Concurrent Redemption of Ground Rent, filed on the 15th day of June, 2015, in the First Hall of the Civil Court, in the names John Portelli (ID 887946M), Emanuel Portelli (ID 0420349M), Theresa Micallef (ID 8755M), Victor Portelli (ID 242163M), Arthur Portelli (ID 1459M), and Edwin Portelli (ID 704356M) 

vs

The Joint Office, and Deputy Curators to represent the unknown heirs of the deceased Pietro Paolo Vella, John Portelli (ID 887946M) et respectfully submitted:


That the depositors possess the premises with official property number 48, previously 155, with the name of ‘Saint Helen’, Triq Ġuzè Maria Camilleri, previously Triq Ġuzè Pace and previously indicated as Victoria Avenue, Ħamrun, 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 and sub-ground rent, amounts 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 and sub-ground rent in terms of the cited law by depositing the sum of €116.40 which represents the price of redemption of the said ground rent and sub-ground rent in order to be freely withdrawn by The Joint Office (€91.40) and the deputy curators appointed to represent the unknown heirs of the unknown heirs of the deceased Pietro Paolo Vella (€25.00), after the due receipt is left according to law.

Depositors: John Portelli (ID 887946M) et, Farrugia Flat 1, Triq il-Kappillan Mifsud, Ħamrun 

Services: Deputy Curators, Superior Courts, Valletta

Director of the Public Registry, Valletta
Land Registry, Valletta
Commissioner of Lands, Valletta
The Joint Office, Auberge de Baviere, 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 R. Micallef, LLD, Doctor of Laws.

Dated this 16th day of June, 2015

Registry of the Superior Courts

Today Wednesday, 7th February, 2018

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


244

Notice, Registry of the Civil Court, First Hall

Whereas Alexender Agius (ID 618435M) filed an application under oath (No. 89/2018/LSO) demanding Correction in the Act of Birth number 6184/1935 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

Today 7th February 2018

JOSETTE DEMICOLI
For Registrar, Civil Courts and Tribunals



245

It is hereby notified in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 1st February, 2018, and this after a written plea numbered 13/2018, ordered:

The correction of the Act of Birth of Amnah Aletawish Navarro, bearing number 1936 of the year 2006, under the columns entitled ‘Particulars respecting the child – Names given’ and ‘Name or names by which the child is to be called’ the name ‘Amnah’ is to be cancelled and substituted with the name ‘Anna’.

Registry of the Court of Revision of Notarial Acts

Today, Wednesday, 7th February, 2018

JANET CALLEJA
F/Registrar, Court of Revision of Notarial Acts



246

By a decree of the 7th February, 2018, given by the First Hall, Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously byJ.Zammit Limited (C37945) on the 31st January, 2018 the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 21/17 in the names J.Zammit Limited vs Muaiad Elgusbi (ID 80380M) et held under the Authority of the said Court on the 31st January, 2018.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.


Registry of the Superior Courts, this Thursday, 7th February, 2018 

MARVIC FARRUGIA
For the Registrar, Civil Courts and Tribunals



247

By decree given by the Civil Court, First Hall on 7th February, 2018, on the application of J. Zammit Limited (C37945), Wednesday, 11th April, 2018 at half past eleven (11.30 a.m.) has been fixed for the Sale by Auction to be held at number fifty five (55), J&J Boatyard, Ta’ Għadmija, Mqabba, of the following items seized from the property of Vella Rodney (ID 370079M).

Vehicle of the make Alfa Romeo with the registration number CUT 156.

N.B. The said vehicle will be sold as described in the acts judicial sale file number 23/17.

Registry of the Superior Courts, this Wednesday, 7th February, 2018

MARVIC FARRUGIA
For the Registrar of Civil Courts and Tribunals


248

It is hereby notified that the Court of Magistrates (Malta) by means of a decree given on the 7th February, 2018, in the records of the judicial letter number 223/18, in the names Argus Insurance Agencies Limited noe vs Jonathan Curmi, ordered the following publication for the purpose of effecting service on the defendant, in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Jonathan Curmi of St Mary, Triq Dellimara, Żejtun, on the 29th January, 2018, Argus Insurance Agencies Limited (C 597) for and on behalf of the foreign company Argus Insurance Company (Europe) Limited of La Concorde, Triq Abate Rigord, Ta’ Xbiex, and this as subrogated in the rights of its insured Delta Malta Limited (C3145) , on the basis of a comprehensive type of policy and of law, and the same Delta Malta Limited, whilst reference is made to the car accident that occured on the 14th February, 2016, at about 9.45p.m., in Triq il-Kappuċċini, Ħaż-Żabbar,  between the vehicle driven by you with registration number KBN287, and the vehicle property of the interpellant Delta Malta Limited with registration number IBQ364, solicits you so that within three (3) days you come forward to pay Delta Malta Limited the sum of €55 representing excess payment paid by it to the interpellant company Argus Insurance Agencies Limited as a result of this accident and €2327.28 as all the payments paid by the insurance company as a result of this accident, which accident occurred solely as a result of carelessness, negligence and lack of observation of the traffic regulations on your part.
The interpellant informs you that in case the time given to you passes uselessly, they will have no alternative but to proceed further against you by all the means permitted by law. 

So much for your own guidance and to avoid costs and useless procedures.

This letter is being made particularly, but not limitedly for the purpose of the interuption of the prescription in terms of Cap. 12 of the Laws of Malta.

With costs and legal interests

Registry of the Court of Magistrates (Malta), today 8th February, 2018

ALEXANDRA DEBATTISTA
For the Registrar, Civil Courts and Tribunals



249

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 5th of February, 2018 (Application number 9/2018JVC) Guzepp Xerri et requested the opening of the Succession of Elizabetta Xerri, spinster, daughter of the late Francesco Xerri and Giuseppa née Grech, born and who used to reside in Xewkija, Gozo, and who died in Victoria, Gozo, on the 17th of December two thousand and fourteen (2014), intestate, and which opening of succession is to be made in favour of her only heirs ‘ex lege’ of same Elizabetta Xerri, and that is her siblings Guzepp Xerri holder of identity card number 4137G, Carmelo Xerri holder of identity card number 24739G, Michelina Xerri, holder of identity card number 55243G, Ganni Xerri, holder of identity card number 1845G and Antonia Xerri, holder of identity card number 5747G, in equal shares between them.

Wherefore any person who considers 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. 


Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction, this 7th February, 2018

DORIANNE CORDINA
For the Registrar, Gozo Courts and Tribunals




 
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