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CourtNotices0704

07/04/2020

Court Notices published in Govt. Gazette No. 20,384 of 7 April 2020

​ 

452

 

Bann for Curators

 

Republic of Malta   

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 9th March, 2020, following a request of Advocate Doctor Luigi A. Sansone as special mandatory of Lotto Sport Italia S.P.A., it was ordered that deputy curators be chosen to represent Xiamen Yongtaiyuan Trading Co. Ltd and Tripoli Algarb Company, in the records of the Sworn Application 208/2020 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.

 

By means of a Sworn Application filed in the Civil Court First Hall in the names Advocate Doctor  Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Lotto Sport Italia S.P.A., a foreign compny incorporated under the Italian Laws and with address Via Montebelluna, 5/7 I-31040 Tevignano (Treviso) Italy vs deputy curators to represent 1) Xiamen Yongtaiyuan Trading Co Ltd, a foreign entity with unknown indication of address till the date of the filing of the sworn application and (2) Tripoli Algarb Company, a foreign entity with indication of address of Al-Mukhtar Strest Alisuhaili Square Beside Al-Sahari Bank City Branch Office No. 12 on the 5th March, 2020, the applicant Advocate Doctor Luigi A. Sansone LL.B. (Hons) LLD (ID 258269M) as special mandatory of Lotto Sport Italia S.P.A. a foreign company incorporated under the Italian Laws with address of Via Montebelluna, 5/7 I-31040 Trevignano (Treviso) Italy, asked this Honourable Court:

 

1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of tracksuits, which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company and duly registered  regarding the same product as European Union trademarks with numbers 002109684 and 016583619, and also as trademarks registered in Malta with numbers 17770 and 17769 respectively, which objects are all presently held under the authority of the Director General (Customs) after he found that the container CMAU7909080 which contained them contravenes the rights of intellectual property of the plaintiff company as regards the same registered trademarks of the European Union with numbers 002109684 and 016583619, and also as trademarks registered in Malta with numbers 17770 and 17769 respecitvely;

 

2. Declare that the same objects and namely a quantity of tracksuits which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company duly registered regarding the same products as trademarks of the European Union with numbers 002109684 and 016583619 and also as trademarks registered in Malta with numbers 17770 and 17769 respecitvely are falsified objects;

 

3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;

 

4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;

 

5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual destruction, to the attendence of the destruction and to the removal of the waste generated from the same destruction.

 

With costs against the defendants summoned so that a reference to their evidence be made.

 

Applicant noe. Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269M) as special mandatary of Lotto Sport Italia S.P.A., a foreign company incorporated under the Italian Laws and with address of Via Montebelluna, 5/7. I-31040 Tevignano (Treviso) Italy

 

84-85, Triq Melita, Valletta VLT 1120

 

Notify the Defendants: Deputy Curators to represent 1) Xiamen Yongtaiyuan Trading Co. Ltd, a foreign entity with unknown indication of address till the date of the filing of the sworn application and (2)  Tripoli Algarb Company, a foreign entity with indication of address of Al-Mukhtar Strest Alisuhaili Square Beside Al-Sahari Bank City Branch Office No. 12

 

Courts of Justice, Valletta (two copies)

 

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

 

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

 

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

 

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mark Chetcuti LL.D., Doctor of Laws.

 

Today 9th March, 2020

 

Registry of the  Superior Courts, today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

453

 

By means of a decree given by the Civil Court First Hall on the 14th January, 2020, in the records of the Sworn Application in the names Napier Frances sive Franġeska vs Micallef Jesmond, Application Number 1071/19 GM, the following publication was ordered for the purpose of service of the respondent Jesmond Micallef, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application presented in the First Hall Civil Court in the names Frances sive Franġeska Napier (ID 851047M) vs Jesmond Micallef on the 6th November, 2019, the applicant Frances sive Franġeska Napier, asked this Honourable Court:

 

1. To declare  and decide that the windows and the drain pipes which were made so that from premises number 31, Triq il-Kardinal Sciberras, Santa Venera, they abutt and invade the airspace of the backyard of the premises 117, Triq Brighella, Santa Venera, property of the interpellant were made abusively and illegally and order the respondent to close these apertures and remove the drain pipes and all the other objects which pass over the airspace of the applicant.

 

With costs and the defendantr is summoned so that a reference to his evidence be made.

 

The Sworn Apploication in the names Napier Frances sive Franġeska Micallef vs Micallef Jesmond, Application Number 1071/19 GM, has been put off for hearing to the 28th May, 2020, at 9.00 a.m.

 

Notify Respondent: 31, Triq il-Kardinal Sciberras, Santa Venera

 

Registry of the Superior Courts, 3rd April, 2020

 

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

 

454

 

By means of a decree given by the First Hall Civil Court on the 12th February, 2020, in the records of the Application in the names Commissioner for Revenue vs Elera Salvatore, Application number 1185/19 MH, the following publication was ordered for the purpose of service of the respondent Salvatore Elera, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application filed in the First Hall Civil Court in the names Commissioner for Revenue vs Salvatore Elera (ID 156934A) on the 12th December, 2019, the Commissioner for Revenue respectfully pleaded:

 

That Council Directive No. 2010/24/EU of the 16th March, 2010, regarding namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures, is implimented and subject to the Laws of Malta by means of the Order of 2012 regarding Reciprocal Assistance for the Recovery of Claims related to Taxes, Duties and other Measures (Legal Notice No. 153 of the year 2012);

 

That in virtue of this Order and this Directive, the Commissioner for Revenue in the name of the Minister for Finance, otherwise the competent Authority in Malta, is given the power, when there is a valid request from a Member State of the European Union, to collect the tax due to the Member State, when such person who has such debt is present in Malta;

 

That according to the same Order and Directive, such request from a Member State shall be  treated as if it were a request for civil debt due to the Government of Malta and that the competent authority in Malta is authorised to collect;

 

That the respondent has been indicated by the  competent Authority in Germany, member of the European Union, as a person who owes an amount of Value Added Tax in the global sum of eighty-six thousand euro and nine cents (€86,000.09) and this as results from the instrument attached with this application as Doc. A, together with interests according to the laws of Malta, due by the respondent from the date of service of this application till the date of effective payment;

 

That the interpellant is satisfied as regards this claim that all the relevant provisions of the Directive abovementioned were observed;

 

That the respondent has been indicated as being present in Malta and thus the applicant has the right to collect from him the amount abovementioned on behalf of the competent authority of the member country of the European Union abovementioned;

 

That according to the Order and Directive abovementioned this Court is given the power and the obligation to register the document annexed with this application and this document shall as this takes place constitute an executive title as well as to notify the respondent with this application and the document annexed with it.

 

Thus the interpellant according to the powers granted to him  in terms of the Directive abovementioned respectfully prays that this Court shall in the first place order the registration of the document annexed with this application as an official copy of it so that the same document constitues an executive title and in the second place order that a copy of this application and the document annexed with it be notified to the respondent according to the relevant provisions of Cap. 12 of the Laws of Malta, as if this application and this document were a judicial act.

 

The Application in the names Commissioner for Revenue vs Elera Salvatore, 1185/19 MH, have been put off for hearing to the 13th May, 2020, at 9.00 a.m.

Applicant:

Centre Point Building, Triq Ta' Paris, Birkirkara

 

Respondent:

Savina, Triq Zaccaria Roncali, Żurrieq

Flat 4, Triq il-Ġdida, Ħal Luqa

 

Registry  of the Superior Courts, today 3rd April, 2020

 

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

 

455

 

By means of a decree of the 24th February, 2020, of the Rent Regulation Board, in the records of the Application in the names Noelle Fenech et vs Tawdrous Samir Lotif Fahim, Application Number 182/2019SG, the following publication was ordered for the purpose of effecting service on the respondent Tawdrous Samir Lotif Fahim in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12)

 

By means of an application in the names Noelle Fenech (ID 249272M) and her husband Alexander Fenech (ID 436067M) vs Samir Lotif Fahim Tawrous (ID 531295M) filed before the Rent Regulation Board on the 12th August, 2019, the applicants Noelle Fenech (ID 249272M) and her husband Alexander Fenech (ID 436067M) requested with respect:

 

That the applicants are the owners of the premises number 38 situated in Triq Ħal Qormi, Ħamrun, Malta and by means of a lease agreement dated 28th May, 2015, they leased, with effect from the same date, to the respondent this premises at the initial rent of €170 per month, payable every month in advance, as stipulated and explained in the same lease agreement (copy of the agreement is attached and marked as Doc. A).

That in breach of the lease agreement and in breach of law (a) the respondent no longer remained using the premises leased to him at the same rent (b) the respondent sub-let or in any other manner transferred or assigned or permitted the sub-lease of the lease in question without authorisation          (c) he caused several damages in the premises de quo and he is not repairing the necessary damages so that the premises are kept in good state of repair and maintenance.

 

That the judicial letter of the 25th June, 2019 (letter 1136/2019) (Doc. B) remained unclaimed even if it was deliverd to the premises by him indicated in the schedule of deposit that is 13, Triq il-Qasab, Birkirkara.

 

That the respondent was verbally warned that he is breaching the conditions of the lease, and a report at the Police Statation was made (Doc. C) and also as abovementioned the rent was not accepted and now he is depositing it at the Court Registry.

 

Till today, the respondent did not comply and therefore the right of the applicants to proceed with this application has arisen.

Thus, the applicants are requesting this Board to:

 

1. Declare, for the reasons above mentoned or any one of them, the lease between the applicants and the respondent, and this regarding the premises number 38 in Triq Ħal Qormi, Ħamrun, Malta, as terminated.

 

2. Fix a short and peremptory time in which the respondent vacates and evicts from the said premises.

 

With costs of these present procedures and those of the judicial letter number 1136/19 against the respondent, who is from now summoned so that a reference to his oath be made and reserving the right in favour of the applicants, for any other action against the respondent both according the the lease agreement and at law, against the respondent.

 

Plaintiff: 58, Marco, Flat 3, Triq San Patrizju, Birżebbuġa

 

Respondent: 13, Triq il-Qasab, Birkirkara

 

The application in the names Noelle Fenech et vs Samir Lotif Fahim Tawdrous, Application Number 182/2019SG, has been postponed for hearing to the 22nd April, 2020, at 11.30 a.m.

 

Registry of the Superior Courts, today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals 

 

456

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 27th February, 2020, Application number 281/2020 by Architect Matthew Gauci et, whereby they requested that it will be declared open in favour of Matthew Gauci and Annalise Gauci Buttigieg brother and sister Gauci in equal shares between them the succession of  their father Emanuele Gauci, widower of Maria nee Chetcuti, son of the late Paolo Gauci and Grazia nee Micallef, born in Naxxar, Malta resided in Naxxar, Malta and died in Tal-Qroqq, Msida, Malta on the 25th October, 2019, aged 65, and who held identity card number 0390454M.

 

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

 

Registry of the Civil Court Voluntary Jurisdiction Section

 

Today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

​457

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 25th February, 2020, Application number 280/2020 by George Farrugia et, whereby they requested that it will be declared open in favour of George Farrugia, Mary Borg, Cecilia Borg, Mario Farrugia, Giulia Borg and Annalise Farrugia in the quota of one sixth  (1/6) undivided share each one of them the succession of  their brother Joseph Farrugia, bachelor, son of the late John Mary and Clementina nee Mifsud, born in Mqabba, Malta and resided in Mqabba, Malta and died in Tal-Qroqq, Msida, Malta on the 3rd September, 2019, aged 72, and who held identity card number 0625728M.

 

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

 

Registry of the Civil Court Voluntary Jurisdiction Section

 

Today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

458

 

By a decree of the Small Claims Tribunal of the 19th November, 2019, 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).

 

Genesia Randich (ID 38286M) of 113, Triq Tal-Borġ, Paola, filed a Claim on the 15th November, 2019, whereby she asked the Tribunal to condemn Jesmar Borg of 129, Triq Salvu Psaila, Birkirkara, to pay the plaintiff the sum of  €3,300 which amount is due to the plaintiff.

 

With costs and interest.

The case (Claim Number 363/19SFJ) is put off on the 15th April, 2020, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals 

 

459

           

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2936/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Paul Bonello, the following publication was ordered for the purpose of effecting service on the respondent Paul Bonello in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 28th August, 2018

 

To Paul Bonello (ID 325475M) of 113E, Triq San Nikola, Valletta

 

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,378.39, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000273021 that is regarding the premises with address Ġiġi Store, Triq il-Lanċa, Valletta.

 

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

 

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs.

 

Registry of the Court of Magistrates (Malta), today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

460

 

By means of a decree of the 14th January, 2020, of the Civil Court First Hall in the records of judicial letter number 390/19, in the names Housing Authority vs Roderick Cauchi et, the following publication was ordered for the purpose of effecting service in terms of Article 187(3) of Chapter 12.

 

In the First Hall of the Civil Court

 

Today 31st January, 2020

 

To Roderick Cauchi (ID 0189379M) of Block A2, Flat 6, Triq Pietru D'Armenia, Pembroke

Ruth Cauchi (ID 0236381M) of Block A2, Flat 6, Triq Pietru D'Armenia, Pembroke

 

By the present Housing Authority of 22, Triq Pietro Floriani, Floriana, solicits you so that within one week you come forward, on the basis of the promise of sale dated 25th January, 2008, in the acts of Notary Dr Antonine Agius, to sign the final act of the contract of sale regarding the premises Block A2, Flat 6, Triq Pietru D'Armenia Pembroke, with the conditions indicated in the same promise of sale and this to avoid further costs.

 

So much so that you may know how to regulate yourself and with costs.  This letter is required in terms of article 2128 of the Civil Code.

 

Registry of the Superior Courts, today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

461

 

By means of a decree given on the 27th February, 2020, in the records of the judicial letter number 1978/19, in the names Mapfre Middlesea plc vs Patrick John Quigley, the Courts of Magistrates (Malta) ordered the following publication for the purpose of effecting service on the respondent Patrick John Quigley, in terms of Article 187(3) of Chapter 12 of the Laws of  Malta.

 

In the Courts of Magistrates (Malta)

 

Today 24th September, 2019

To Patrick John Quigley (ID 15314A) of Xemxija Waterfront Res., Flat 13, Telgħet ix-Xemxija, San Pawl il-Baħar

 

By means of the present Mapfre Middlesea plc (C 5553) of Middlesea House, Floriana as subrogated by policy and at law in the rights of its insured Nicole Frendo (ID 219398M) of 20, Redeemer, Flat 2, Triq Tax-Xmiexi, Msida and the same Nicole Frendo solicits you so that within five days from the date of notification of this judicial letter you come forward to assume your responsabilities for the road accident which occured on the 1st January, 2019, in Telgħa tax-Xemxija, San Pawl il-Baħar, between the vehicle with registration number CFC067 driven by you and the vehicle with registration number LY64BKY driven by Nicole Frendo and insured by the applicant Mapfre Middlesea plc, and also to come forward  to pay the total amount of €2566.86 representing the damages incurred by the interpellant.

 

The interpellant submits that you are solely responsabile for the said accident and this because of recklessness, negligence, lack of skill and lack of observation of the traffic regulations on your part.

 

This letter is being sent for the effects and purposes of law especially in terms of Chapter 104 of the Laws of Malta and serving to interupt the prescription in terms of article 2128 of Chapter 16 of the Laws of Malta.

 

In default of abiding with that requested, the applicant will have no alternative but to take further legal procedures against you according to law.

 

With costs of this present and legal interest till the date of effective payment.

 

Registry of the Court of Magistrates (Malta), today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

462

 

By means of a decree of the 28th May, 2019, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2421/2018 in the names Automated Revenue Management Services Ltd pro et noe vs Maria Carmela Ellul,  the following publication was ordered for the purpose of effecting service on the respondent Maria Carmela Ellul in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 19th July, 2018

To Maria Carmela Ellul (ID 220826M) of 84, Triq Paola, Ħal Tarxien

 

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €1,158.47, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water  supply regulations  together with interest due on the amount according to Law regarding the bills number 101000047378 that is regarding the premises with address 84, Triq Paola, Ħal Tarxien.

 

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

 

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

 

With costs.

 

Registry of the Court of Magistrates (Malta), today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

463

 

By a decree of the Small Claims Tribunal of the 10th September, 2019, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

 

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 16th August, 2019, whereby they asked the Tribunal to condemn Ben Sriate Lisa Marie (ID 304717L) of Tritons Mansions, Block D, Flat 8, Triq it-Tamar, San Pawl il-Baħar, to pay the plaintiff company the sum of €1600.10 which amount is due to the plaintiff company.

With costs and legal interests.

 

The case (Claim number 215/19AM) is deferred on the 17th April, 2020, at 12.30 p.m.

 

Registry of the Courts of Magistrates (Malta), today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

464

 

Bann for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 9th January, 2020, following a request by John Baptist Degiorgio it was ordered that deputy curators be chosen to represent  the unknown heirs or the successors in title of Angiolina Bezzina in the acts of the schedule of deposit number 28/2020 in the names John Baptist Degiorgio vs Deputy Curators and in the other relative and subsequent acts.

 

By means of a schedule of deposit and concurrent redemption of ground rent  filed in the First Hall of the Civil Court, in the names John Baptist Degiorgio, self-employed, bachelor and son of Emanuel Degiorgio and Filippa nee Grech born in Tal-Pietà on the 1st July, 1986, and residing at 37, Triq il-Kampnar, Bormla (ID 285586M) vs deputy curators to represent the unknown heirs or the successors in title of Angiolina Bezzina, filed on the 8th January, 2020, the applicant John Baptist Degiorgio respectfully submitted:

 

That by means of a contract published by Notary Doctor James Grech on the 2nd September, 2019, the applicant John Baptist Degiorgio acquired from Horace Grixti the overlying air space usque ad coelum of the mezzanine with official number 45 with the name Horachelle, Triq Sant'Antnin, Fgura subject to the rate of annual and perpetual ground rent of €33.56. Copy of this contract is attached and marked as document A;

 

On his part, the said Horace Grixti had acquired the said mezzanine from Joseph Gialanze by means of a contract in the acts of Notary Doctor Carmelo Mangion on the 7th April, 1989, subject to the annual and perpetual ground rent of Lm18 equivalent to €41.93, a copy of the which contract is attached and marked as document B;

 

Joseph Gialanze had built the said mezzanine on land that he had acquired by means of perpetual sub-emphyteusis from Carmelo Mamo and others by means of a contract of the 30th January, 1981, in the acts of Notary George Cassar, copy of the which contract is attached and marked as document C;

 

Originally by means of a contract in the records of Notary Doctor Paul Paullicino dated 23rd February, 1959, the same Carmelo Mamo together with others acquired by title of perpetual empheteusis from Angiolina Bezzina the developable land known as Ta' Pietra Lunga, in Fgura measuring approximately 11 tumoli on which part of the site the said mezzanine is built, at the annual and perpetual ground rent of Lm145 equivalent to €337.76. A copy of the said contract is attached and marked as document D;

That the original ground rent due to Angiolina Bezzina is not being paid and the applicant does not know who the heirs are;

 

That together with this schedule of deposit the applicant is filing an application for the nomination of deputy curators to represent the interest of the unknown heirs of Angiolina Bezzina;

 

In the first instance the applicant wishes to pay the sum of five years ground rent due to the heirs of Angiolina Bezzina or her successors in title that is the sum of €19.15;

 

The applicant also wishes to redeem the original annual and perpetual ground rent rent due to Angiolina Bezzina as abovementioned and which burdens that part of the site on which the premises 35 and the overlying airspace usque ad coelum in Triq Sant'Antnin, Fgura is built and this in terms of Article 1501 of Chapter 16;

 

That the orginal ground rent regarding the site of 150.2m² and that is €3.83 capitalised at the rate of 5% amounts to €76.60.

 

Thus the applicant is humbly calling upon this Honourable Court and under its authority is depositing the total amount of €95.75 so that this amount may be freely withdrawn by the owners, the heirs or the successors in title of Angiolina Bezzina after leaving the relative receipt.

 

Applicant:  John Baptist Degiorgio, 37, Triq il-Kampnar, Bormla

 

Notification:

Deputy curators, Law Courts, Valletta

Director Public Registry, Public Registry, Valletta

 

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.

 

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

 

Given by the Civil Court First Hall, abovementioned, with the witness of the Hon. Mr Justice Robert G Mangion LLD, Doctor of Laws.

 

Today 9th January, 2020

 

Registry of the Superior Courts, today 3rd April, 2020

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

465

 

By decree given by the Civil Court, First Hall, on the 27th March, 2020, on the application of HSBC Bank Malta plc (C 3177), Thursday, 11th June, 2020, at half past eleven in the morning (11.30 a.m.), has been fixed for the sale by auction to be held in room number 78, near the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

 

The apartment without its airspace, internally marked numbed three (3), situated on the second floor (first floor level) of a building block without number, however internally marked with the letter “B" and forming part of a larger development without number, named “Ta' Anastasja Court" in Triq is-Santwarju Puniku, Ta' Kerċem, Gozo, free and unencumbered and with all its rights and enjoyments. The block which forms part the apartment was built on a portion of land known as “Ta' Żangura" sive “Tal-Gholja ta' Santa Luċija" sive “Ta' Santa Anastasja" and bounded on East by the said street, with North West by Government property or his successors in title and to the South by property of Josephine Cefai or her successors in title or any other correct boundaries, as well as its common parts pro indiviso according to Article 6 of Chapter 398 of the Laws of Malta and is valued one hundred and forty-two thousand and five hundred euro (€142,500).

 

The said tenement is the property of Moawad Ali Moawad Abou Helal (ID 67346A).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 12/2019.

 

Registry of the Superior Courts, this Monday, 6th April, 2020

 

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals