gov.mt

CourtNotices3108

31/08/2021

Court Notices published in Govt. Gazette No. 20,692 of 31st August 2021

​1280

 

By means of a decree of the 5th July, 2021, in the records of the judicial letter number 2341/2021, in the names Natalie Mary Louise Vella Wright vs Emanuel Baldacchino & Co Ltd et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 4th June, 2021

 

To: Emanuel Baldacchino & Co Ltd, 20, Giuseppina, Triq San Luqa, Rabat RBT 2153

Emanuel Baldacchino, 84, Main Street, Mġarr, Malta

Emanuel Baldacchino, 20, Giuseppina, Triq San Luqa, Rabat RBT 2153

 

By means of this present, Natalie Mary Louise Vella Wright (ID 298201L) (the interpellant creditor) of 179, Triq Ganu, Birkirkara, makes reference to the constitution of debt deed dated 1st October, 2021, in the records of Notary Dr Matthew Agius registered with number 19660/2020 (the Contract) by which you, as co-debtors, constituted yourselves as true, certain and liquid debtors in favour of the same interpellant creditor, in the amount of €35,941.00, which amount had to be paid in monthly payments over a period of three (3) years (the Amount) out of which the amount of €24,000 represents the remaining balance of the debt due and €11,941 represents legal interest at the rate of 8% on the original amount due of €60,000 from the 6th April, 2018, to 30th September, 2020, plus legal interest at the rate of 8% per annum on the balance of €24,000 up to the date of effective payment.

 

As you remained in default in the payment of the respective payments of €1,081.70 for the consecutive months of February, March, April and May 2021 respectively, and the amount of €4,326.80 for the same months remained unpaid, the interpellant creditor is soliciting and informing you, for all the intents and purposes in terms of clause 7C(i) of the Contract that if you remain in default of payment for more than fifteen days from the notification of this judicial letter, you will lose the benefit of the time and the remaining amount will become due immediately to interpellant creditor.

 

Therefore, if this payment is not made within the above mentioned stipulated time in the amount of €4,377.06 of which the sum of €50.25 represents the accumulated amount of interest on the amount due for the months of February, March, April and May 2021, the interpellant creditor will be proceeding in terms of articles 253(b) and 256(2) of Cap. 12 of the Laws of Malta in order to render the same executive and enforceable at law, including with the issue of the opportune warrants against you and the enforcement of the special hypothec.

 

So much so that you know how to regulate yourself

With costs and legal interest until the effective payment

 

Interpellant: Natalie Mary Louise Vella Wright, 179, Triq Ganu, Birkirkara

 

Notification respondents: 1) Emanuel Baldacchino & Co Ltd, 20 Giuseppina, Triq San Luqa, Rabat RBT 2153

2) Emanuel Baldacchino, 84, Main Street, Mġarr, Malta

 

3) Emanuel Baldacchino, 20, Giuseppina, Triq San Luqa, Rabat RBT 2153

 

Registry of the Superior Courts, today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals            

 

 

1281

 

By means of a decree of the 30th July, 2021, in the records of the protest number 193/2021, in the names Gillian Vella et vs Emanuel Ciantar, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service in terms of Article 187(3) et sequitur of Cap. 12 on the respondent Emanuel Ciantar.

 

In the First Hall of the Civil Court

 

Today 14th May, 2021

 

To Emanuel Ciantar of 61, Farmhouse, Triq in-Noqra, Birżebbuġa

 

Judicial Protest of Gillian Vella (ID 185148M), Monica Depasquale (ID 235150M), Anne Cachia (ID 322753M), Maria Louise sive Louise Calleja (ID 725556M) in their own name and for and on behalf of the other co-owners of the fields known as Ta' Dun Grezzju limits of Birżebbuġa and of the fields of Wied ta' Tuta limits of Birżebbuġa.

 

Request with respect:

 

That the applicants are the owners of the land known as Ta' Dun Grezzju limits of Birżebbuġa and of the land located in Wied ta' Tuta limits of Birżebbuġa;

 

That the respondent Emanuel Ciantar carried out an illegal development in the land property of the applicants above mentioned and this without the consent of the applicants, the owners of the same land;

 

That despite being solicted in order to remove this illegal development, the respondent remained in default;

 

That the applicants are again soliciting the respondent to remove any illegal development he has made on the land of the applicants and so that he does not make use of any kind from the land and/or land of the applicants;

 

That the applicants are formally informing the respondent that they are ready to sell this land and are inviting the respondent to make an offer if he is interested in buying it.

 

 

Therefore, whilst they bring to your formal notice this protest, whilst reserving the right to any other action for damages, they are soliciting you to immediately remove all the illegal development you carried out on the property of the applicants and that is the land above mentioned, and are also calling you to inform the applicants if you are willing to buy such land and if so, make an offer ,and in default that the respondent fails to remove this illegal development the applicant will consider him in delay, at fault and in breach and reserve to take their further action in accordance with the law, with expenses against the respondent.

 

Applicant: 134, Triq Dr Nicola Zammit, Siġġiewi

 

Respondent: 61, Farmhouse, Triq in-Noqra, Birżebbuġa and/or 26, Triq il-Bieqja, Birżebbuġa

 

Registry of the Superior Courts, today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                 

 

 

 

1282

 

By means of a decree of the 25th February, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1837/2020 in the names Princess Holdings Limited vs Kineski Biljana the following publication was ordered for the purpose of effecting service on the respondent Kineski Biljana in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 3rd September, 2020

 

To Kineski Biljana (ID 0175389A) of 11, Mirax Court, Block A, Flat 4, Triq Sir Joseph Carbone, San Ġiljan

 

By the present, Princess Holdings Limited (C72528) of Sharay, Triq il-Fraxxnu, San Ġiljan, makes reference to the bills of exchange signed and accepted by you numbered 11, 12, 13, 14 and 15, a copy of which is attached with this judicial letter, and because these bills of exchange had to be paid on the 17th April, 2020; 17th May, 2020; 17th June, 2020; 17th July, 2020; and 17th August, 2020, but remained unpaid although time passed and although you were solicited several times; solicits you so that within two (2) days from the notification of this judicial letter you pay the interpellant company the total amount of €950 representing the amount due in terms of the said bills of exchange, which bills of exchange were signed by you and remained unpaid.

 

The respondent company warns you that if you fail to abide with the above mentioned it will proceed with the execution of the said bills of exchange in terms of article 253(e) of Cap. 12 of the Laws of Malta.

 

For all the purposes and effects of law, you are warned that in terms of Article 253(e) of Cap. 12 of the Laws of Malta you have the right so that within twenty (20) days from the date of notification of this judicial letter you file an application to oppose such execution of the said bills of exchange because of the reason that the signature on the bills of exchange is not yours or because of grave and valid reasons.

 

So much so you may know how to proceed and regulate yourself


With costs including of this present against you and with legal interest from the date of expire of each bill of exchange till the date of effective payment.

 

This judicial letter is being sent to render the said bills of exchange executable in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

 

Registry of the Court of Magistrates (Malta), today 27th August, 2021

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

1283

 

By means of a decree of the 21st July, 2021, in the records of the judicial letter number 2765/2020, in the names Lucia Amalia Baranda vs Shannon Cauchi et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Antoinette Maria Ciantar and Leisure and Theme Park Limited in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today, 2nd September, 2020

 

To: Shannon Cauchi

 

Antoinette Maria Ciantar (ID 322992M) of Ocean Drive Terrace, Blk D, Flat 9, Triq il-Qawra, St Paul's Bay

Denise Camilleri

 

Stephanie Borg

 

Cherylise Borg

 

Lee Formosa

 

Dylan Pace

 

Dailin Bennetti

 

Leisure and Theme Park Limited (C8161) of White Rocks, Baħar iċ-Ċagħaq, Naxxar

 

Patrick Vella (ID 106067M) as director of Leisure and Theme Park Limited (C8161) of 308, Triq ta' Taħt l-Irdum, Santa Maria Estate, Mellieħa SPB 12

 

By means of this present, Lucia Amalia Baranda (ID 67062A) c/o 206, Wisley House, Old Bakery Street, Valletta whilst referring to the accident which occured on the 9th August 2020 at Splash and Fun, Naxxar, when she was attacked by a number of persons in the same establishment namely Shannon Cauchi, Antoinette Maria Ciantar, Denise Camilleri, Stephanie Borg, Cherylise Borg, Lee Formosa, Dylan Pace and Dailin Bennetti, and informs you that as a result of the said attack she suffered serious injuries and therefore, by means of this present, you are solicited so that within three days you come forward for an amicable liquidation of damages suffered by the interpellant and as a result of the illegal actions on the part of the said aggressors.

 

In addition, the operators of the establishment where the relative attack occurred failed to intervene in order to stop the aggression and provide assistance to the interpellant, and this despite to the fact that the attack was taking place in the presence and under the watch of the same dependents of the establishment in question. Even the Police were called by the interpellant herself.

 

Therefore, the interpellant by means of this present, in addition to the interpellation of the aggressors to come forward for the liquidation of damages, is soliciting the operators of the establishment so that they themselves within three days will come forward for the liquidation of damages suffered by the interpellant, and this due to their inaction in order to intervene even though they were obliged to do so.

 

In the event that you fail to comply with this solicitation within the prescribed time, further proceedings will be taken against you in accordance to law and this without any further notice.

 

So much so that you know how to proceed

With interest and with costs of this present

 

Registry of the Superior Courts, today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

 

 

1284

 

By means of a decree of the 4th August 2021, by the Rent Regulation Board, in the records of the Precautionary Garnishee Order Number 1082/2020 in the names (Applicant) Debattista Developments Limited vs (respondent) Southern Style Company Limited the following publication was ordered for the purpose of service on the respondent Debattista Developments Limited in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12)

 

By means of an application in the Rent Regulation Borg, in the names (applicants) Debattista Developments Limited (C 45856) vs (respondent) Southern Style Company Limited (C 45856) filed on the 14th August 2020, the applicant Southern Style Company Limited requested this Honourable Court:

 

To order the issuing of the opportune Counter Warrant for the reasons that the amount of €4,844.37 was deposited by means of a schedule of deposit number 1280/2020, and the amount of €14,353.13 was also deposited by means of a schedule of deposit number 3159/2020 equivalent to the amount of €19,197.50 that was sought to be secured.

 

Today 30th September 2020

 

Filed by Dr Keith Borg and PL Gerald Bonello

 

 

In the Rent Regulation Board

 

Magistrate: Dr Josette Demicoli LLD

 

Following the Precautionary Garnishee Order number 1082/2020 in the names:

 

Debattista Developments Limited

 

vs

 

Southern Style Company Limited

 

The Court,

 

Saw the application of the company Southern Style Co Ltd,

Orders the notification thereof to the counter party to file a reply within three (3) days.

 

Today 5th October 2020

 

Notification: Debattista Developments Office – Entrance 4, Valletta Road, Luqa.

 

Applicant: Southern Style company Limited – Iris, Triq il-Kanonku Bonnici, Hamrun, HMR 2160.

 

Garnishees:

 

Bank of Valletta plc, Valletta

      

HSBC Bank Malta plc, Valletta

      

Lombard Bank plc, Valletta

      

APS Bank Limited, Floriana

      

BNF Bank (Malta) plc, Gzira

      

Transport Malta, Lija

      

Customs Department, Valletta

     

 FIM Bank plc, St Julians

      

Sparkasse Bank Malta plc, Sliema

      

Treasury, Floriana

                         

VAT Department, Birkara     

 

Counter warrant

 

Republic of Malta

 

Court Warrant

 

To the Court Marshall

 

Given by the Court above mentioned with the witness of the Rent Regulation Board by Magistrate Dr Josette Demicoli LLD

 

Registry of the Superior Courts, today 27th August 2021.

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1285

 

By a decree of the Courts of Magistrates (Malta), of 6th August, 2021, the publication of the following banns which appear hereunder was ordered for the purpose of service in terms of Article 931(1) et sequitur of the Code of Organisation and Civil Procedure (Cap 12).

 

Banns for Curators

 

Republic of Malta

 

To the Court Marshall

 

By a decree given by the Courts of Magistrates (Malta) on an application of Marina di Valletta Limited it was ordered the selection of Deputy Curators to represent MedMalta Services Limited in the acts of Warrant of Seizure number 315/2020 and in other relative and subsequent acts where they requested:

 

That by means of a Warrant of Seizure filed in the Courts of Magistrates (Malta) on the 24th February, 2020, of Marina Di Valletta Limited (C73357) of Valdor Buildings, Triq is-Sebħ, Ħal Qormi, against deputy curators to represent the absent Medmaltaservices Ltd (C80783) where by means of this present the company Marina di Valletta Limited requested with respect and Nicholas Travers Tauss confermed on oath:

 

That this Honourable Court orders the issue of a warrant of seizure against the said debtor for the objects hereinafter mentioned and for the costs of this procedure in execution of the executive title mentioned below:

 

Title – the amount: €10,398.95

Interest – reserved

Costs – reserved

 

Executive Title:  The amount due to the applicant company for berthing services and other related services provided by the applicant company to the respondent company calculated till the 24th February, 2020, and this as results for the judicial letter issued in terms of Article 166A of Cap. 12 of the Laws of Malta that is filed together with this warrant.

 

Interpellant: Marina di Valletta Limited (C73367) of Valdor Buildings, Triq is-Sebħ, Ħal Qormi

 

Respondents: Deputy Curators

 

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this court will proceed to the selection of curators of office.

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

 

Given by the aforementioned Courts of Magistrates (Malta) with the witness of Dr Gabriella Vella, LLD, Doctor of Laws, Magistrate of the above mentioned Court.

 

Today 6th August, 2021

 

Registry of the Magistrates Court (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Courts and Tribunals

 

 

1286

 

By a decree of the Administrative Review Tribunal of the 20th July, 2021, in the acts of the procedures in the names Antoine Tanti vs Director General (Value Added Tax) Application Number 71/14VG, the publication and affixing of the decisory part of the judgement handed down on the 13th April, 2021, was ordered for the purpose of effecting service in terms of Article 187(3) Cap. 12 of the Laws of Malta, to serve as notification to Antoine Tanti in terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta.

 

For these reasons the Tribunal determines and decides by accepting the preliminary defence of the Commissioner of Revenue in terms of Article 48(5) of Cap. 406 of the Laws of Malta and declares that during the hearing of these proceedings the applicant cannot submit the documentation requested by means of the Notices dated 28th August, 2013, and 15th October, 2013, and that was not submitted by him to the Tax Compliance United in the investigation stage.

 

The Tribunal consequently orders the continuation of the case.

 

Reserves to decide on the relative costs in the final decision on the merits.

 

In terms of Section 2(4) of the Ninth Schedule of Cap. 406 of the Laws of Malta, the Tribunal orders that a copy of this judgement be notified to the applicant.

 

The case (Application Number 71/14VG) in the names Antoine Tanti vs Director General (Value Added Tax) is being postponed for hearing for the 26th October, 2021, at 1.00 p.m.

 

Notification: Antoine Tanti, 16, Sunrise Court, Flat 3, Triq l-Iskal, Marsaskala

Registry of the Courts of Magistrates (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Courts and Tribunals

 

 

 

1287

 

Notice, Registry of the Civil Court (Family Section)

 

Whereas the plaintiff Edgar Zammit (ID 5465 G) filed an application under oath (No. 200/21 AL) demanding Corrections in the Acts of Birth of Marvin Lee Agius and Jake Agius Zammit, Registration numbers 5728/1984 and 5893/2019 respectively 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 27th August, 2021

 

Rita Vella Baldacchino

For Registrar, Civil Courts and Tribunals

 

 

 

1288

 

By a decree of the Small Claims Tribunal, of 17th August, 2021, the publication of the following banns which appears hereunder was ordered for the purpose of service in terms of Article 809 of the Code of Organisation and Civil Procedure (Cap. 12).

 

Banns for Curators

 

Republic of Malta

 

To the Court Marshall

 

By a decree given by the Courts of Magistrates (Malta) on the application of Tessera Ltd it was ordered that Deputy Curators be chosen to represent the absent Coge Impianti Societa Cooperativa in the notice number 132/2020CZ and in all other relative and subsequent acts were he demanded:

That this Tribunial condemns Coge Impianti Societa Coperativa which is represented by the liquidator Dr Nicola di Benedetto by order of the Camera di Commericio Industria, Artigianato e Agricoltura di Caltanisetta according to a decree dated 27th January, 2021, to pay the amount of €2506.34 representing the price of materials and products sold to it according to the statement already sent to the defendant company.

 

That notwithstanding that the defendant company was solicited to pay by means of a letter dated 1st November, 2018, it has to date failed to pay.

 

That for such reason, the plaintiff company had to file this present case.

 

Therefore, the plaintiff company respectfully request that this Tribunal condemns the defendant company to pay the plaintiff company the total amount of €2,506.34 (VAT inclusive) representing the price of materials and products sold to it, with costs and commercial interest and/or legal interest from the date of each relative transaction till the date of effective payment.

 

Plaintiff company: Quintus House, Dock Street, Paola

 

Notification: Deputy Curators

 

The case (Claim number 132/2020CZ) is postponed for hearing for the 29th September, 2021, at 12.10p.m

 

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this Tribunal will proceed to the selection of curators of office.

 

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Tribunal.

 

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Claudio Zammit, LLD, Doctor of Laws, Adjudicator of the above mentioned Tribunal.

 

Today 17th August, 2021

 

Registry of the Magistrates Court (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1289

 

By a decree of the Small Claims Tribunal, of 21st April, 2021, the publication of the following banns which appears hereunder was ordered for the purpose of service in terms of Article 809 of the Code of Organisation and Civil Procedure (Cap. 12).

 

Banns for Curators

 

Republic of Malta

 

To the Court Marshall

 

By a decree given by the Courts of Magistrates (Malta) on the application of Go plc it was ordered that Deputy Curators be chosen to represent the respondent Stroud David Andrew in the notice number 280/2020CZ and in all other relative and subsequent acts were the applicant company demanded:

 

That this Tribunial condemns the respondent Stroud David Andrew (United Kingdom of Great Britain and Norther Ireland passport 800736092) to pay the applicant company the amount of €2256.33, as for the amount of €1474.48 in connection with services in account number 40441944, €391.05 in connection with services in account number 40504987 and €390.70 in connection with services in account number 40383841.

 

Solicited to pay, the respondent remained in default and thus this law suit had to be made against the respondent who is from now summoned so that a reference to his oath be made.

 

With costs and fees, including those in connection with the judicial letter number 2191/18 and with legal interest from the 17th July 2018 date of notification of the judicial letter.

 

The case (Claim number 40/2021CZ) is to be heard before Adjudicator Dr Claudio Zammit on the 4th October, 2021, at 1.50 p.m.

 

Notification: Stroud David Andrew, Apt 8, Jeanrose, Triq il-Majjiera, St Paul's Bay

 

Notification: Deputy Curators

 

You are therefore ordered to post a copy of these banns in the entrance of the court and call upon whoever wishes to act as curator to appear within four days in this registry and files a note with a declaration that he is prepared to act as such.

 

You are also ordered to inform every one that if there is no such declaration within the stipulated time, this Tribunal will proceed to the selection of curators of office.

After so acting, or if you should encounter any difficulty in the execution of the said banns, you are to inform forthwith this Tribunal.

 

Given by the aforementioned Tribunal for Small Claims with the witness of Dr Claudio Zammit, LLD, Doctor of Laws, Adjudicator of the above mentioned Tribunal.

 

Today 21st April, 2021

 

Registry of the Magistrates Court (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1290

 

Notice, Registry of the Civil Court (Family Section)

 

Whereas the plaintiff Bakko Shokri (ID 0157798A) filed an application under oath (No. 203/21 AL) demanding Corrections in the Act of Birth 1396/2021 of Amir Youssef Barbara.

 

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 26th August, 2021

 

Rita Vella Baldacchino

For Registrar, Civil Courts and Tribunals

 

 

1291

 

By decree of the 15th June, 2021, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

 

That by the application filed by Melanie Pepe (ID 364885M) on the 14th December, 2020, is asking for the withdrawal of the amount of four thousand, eight hundred and thirty-two euro and fifty-nine cent (€4,832.59) credit due from the debtors deposited by the Schedule of Deposit number 2608/2020 in the names of:

 

Melanie Pepe (ID 364885M) vs Clint Bonnici (ID 114086M)

 

The Court ordered the notification of this application to the respondent with five (5) days from the notification for filing a reply.

 

Registry of the Courts of Magistrates (Malta), today Friday, 27th August, 2021

 

Gaetana Aquilina

For Registrar of Courts and Civil Tribunals

 

 

 

1292

 

By a decree of the Court of Magistrates (Malta) of the 13th April, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

 

 

Ballut Blocks Services Limited (C8360) of Wied Filep, l/o Naxxar, Malta, filed a Claim on the 26th March 2021, whereby they asked the Court to condemn R.X. Construction Limited (C-85359) of 53, Solitaire, Triq ix-Xitwa, Ħal Qormi, to pay the plaintiff company the sum of €8363.84 which amount is due to the plaintiff company.

 

With costs and legal interests

 

The case (Notice number 72/2021) is to be heard before Magistrate Dr Victor G. Axiak, LLD

 

Notification: R.X. Construction Limited (C85359) ta' 53, Solitaire, Triq ix-Xitwa, Ħal Qormi

 

Registry of the Courts of Magistrates (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1293

 

By a decree of the Court of Magistrates (Malta), of the 14th June, 2021, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

 

 

George Gatt (ID 541063M) and Louise Gatt (ID 164066M) of Highland Ville, No. 8, Triq in-Nofsinhar, Swieqi, filed a Claim on the 12th May, 2021, whereby they asked the Court to condemn Alberto Angelo Antonio Bassu (ID 0180421A) of St Martha, 55, Triq ir-Ratal, Swieqi, Malta, to pay the plaintiffs the sum of €5,239.48, which amount is due to the plaintiffs.

 

With costs and interests

 

The case (Notice Number 128/2021RM) is postponed for hearing for the 27th September, 2021, at 9.00 a.m.

 

Notification: Alberto Angelo Antonio Bassu (ID 0180421A) of St Martha, 55, Triq ir-Ratal, Swieqi, Malta

 

Registry of the Courts of Magistrates (Malta), today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

1294

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 27th July, 2021, following a request by Raffaele Bona it was ordered that deputy curators be chosen to represent the unknown direct owners in the acts of the schedule of deposit number 1390/2021 in the names Raffaele Bona vs Deputy Curators and in the other relative and subsequent acts.

 

By means of a schedule of deposit of groundrent filed in the First Hall of the Civil Court, in the names Raffaele Bona known as Raffaele Bona Francheo, pensioner, widower of Maria Tola Cetti, son of Eugenio Bona and Tina Francheo, born in Torino, Italy, on the 18th July, 1935, and residing at Via Bramantino, No. 5, 6600 Locarno, Switzerland (Italian identity card number AT 6962658) vs Deputy Curators to represent the interest of the unknown owners of the perpetual directum dominium who cannot be traced, on the 23rd July, 2021, whereby the applicant Raffaele Bona respectfully submitted:

 

That the applicant is the owner of one car parking space situated in the garage complex at level minus one (-1) level and is internally marked as number 46 and is about 11sq m, from now referred to as the Property, bounded from all sides with property of 228/229 Limited or their successors in title, underlying a block with official number 228 and 229 Tower Road, Tas-Sliema;

 

The applicant inherited the said property from his wife Maria Tola Cetti, that she acquired by means of a contract dated 7th July, 2006, in the records of Notary John Gambin, therein described and subject to the annual and perpetual groundrent of €0.58 that is Lm0.25;

 

A copy of the said contract of acquisition and also of the site plan of the property are being attached with this schedule of deposit and marked as Document A and Document B respectively;

 

The owners of the perpetual directum dominium cannot be traced;

 

That the applicant wishes to pay five years groundrent arrears regarding this property, and this for the total amount of €2.90.

 

Thus the applicant is humbly requesting this Honourable Court and under its authority is depositing the amount of €2.90 representing the groundrent arrears as indicated so that it may be freely withdrawn by the respondents.

 

Applicant: Via Bramantino, No. 5, 6600, Locarno, Switzerland

 

Notification: 1) Director of Public Registry Evans Buildings, Triq il-Merkanti, Valletta

2) Director of Lands Registry, 116, Casa Bolino, Triq il-Punent, Valletta

3) Deputy Curators

 

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

 

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

 

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

 

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Neville Camilleri BA, LLD, MA (Fin Serv), Doctor of Laws.

 

Today 27th July, 2021

 

Registry of the Superior Courts, today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1295

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th July, 2021, Application number 1161/2021, by Emanuele sive Noel Borg whereby he requested that it will be declared open in favour of Maria Johanna Borg, sister of the decujus in the quota of one half (1/2) undivided share, and in favour of Emanuele sive Noel Borg, Vincent Borg and Igino Borg children of the late Joseph Borg the latter brother of the decujus in the quota of one sixth (1/6) undivided share each one of them the succession of Emmanuele Borg, bachelor, son of the late Vincenzo Borg and Giuseppa Borg née Vella, born in Mosta, Malta, and resided in Mosta, Malta, and died in Msida, Malta, on the 14th December, 2020, aged 86, and who held identity card number 34834M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

1296

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd June, 2021, Application number 1033/2021, by Lawrence Grima et whereby they requested that it will be declared open in favour of Evelyn Tedesco, Lawrence Grima and Isabella Zammit in the quota of one fourth (1/4) undivided share each one of them and the remaining one fourth (1/4) undivided in favour of Tyrone Grima and Carina Camilleri children of the late Emanuel Grima in equal share between them that is one eighth (1/8) undivided share each one of them the succession of Giuseppe Grima, bachelor, son of the late Lawrence and Francesca née Farrugia, born in Paola, Malta, resided in Fgura, Malta and died in Fgura, Malta, on the 24th July, 2020, aged 87, and who held identity card number 48533M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

1297

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th August, 2021, Application number 1335/2021, by Louise Antoinette Vassallo et whereby they requested that it will be declared open in favour of Louise Antoinette Vassallo, Priscilla Paula Grima and Rosanne Joanne Mifsud sisters Borg in equal shares between them the succession of their father Carmelo Borg, widower of Maria Borg née Micallef, son of Luigi Borg and Melita Borg née Darmanin, born in Floriana, Malta, resided in Msida, Malta, and died in Msida, Malta, on the 27th December, 2020, aged 82, and who held identity card number 842538M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

 

 

 

1298

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd August 2021, Application number 1306/2021 by Bernardette Zammit et whereby they requested that it will be declared open in favour of Grezzju sive Grazio Zammit, husband of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Bernardette Zammit and Graziella Zammit children of the decujus in the quota of one fourth (1/4) undivided share each one of them the succession of Rose Marie Zammit, wife of Grezzju Zammit, daughter of John Ciantar and Rosina née Mizzi, born in Tal-Pietà, Malta, resided in Pembroke, Malta, and died in Msida, Malta, on the 16th May, 2021, aged 55, who held identity card number 570865M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar Civil Court and Tribunals

 

 

1299

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th July, 2021, Application number 1135/2021, by Mario Spiteri et whereby they requested that it will be declared open in favour of Mario Spiteri in the quota of one third (1/3) undivided share, in favour of Carmen known as Lisa Caruana in the quota of one third (1/3) undivided share and the remaining one third (1/3) undivided share in favour of Leslie Spiteri the succession of their mother Mary Spiteri, widow of Salvino, daughter of the late Antonio Bartolo and Antonia Bartolo née Tabone, born in Ħamrun, Malta, resided in Mosta, Malta and died in Mosta, Malta, on the 14th May 2021, aged 97, who held identity card number 0711823M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

1300

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 22nd July, 2021, Application number 1245/2021, by RoseMarie Guillaumier whereby she requested that it will be declared open in her favour the succession of her mother Photini Antoinette Curmi, widow of Anthony Curmi, daughter of Constantin Trivizas and Marie née Louza, born in Alexandria, Egypt, resided in Valletta, Malta, and died in Msida, Malta, on the 14th December, 2020, aged 94, who held identity card number 0265781M.

 

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 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

 

1301

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 5th September, 2019, following a request by Paul Aquilina et it was ordered that deputy curators be chosen to represent the directus dominus or their successors in title in the acts of the schedule of deposit number 1401/2019 in the names Paul Aquilina et vs Deputy Curators and in the other relative and subsequent acts.

 

By means of a schedule of deposit and concurrent redemption of groundrent filed in the First Hall of the Civil Court on the 30th July, 2019, in the names Paul Aquilina, son of the late Emmanuele and Antonia née Scicluna born in Ħamrun and residing in St Paul's Bay together with his wife Mary Aquilina, daughter of Joseph Galea and Agatha née Spiteri, born in Mtarfa and Carmelo Aquilina son of the late Emmanuele and Antonia née Scicluna born in Santa Venera and residing in Ħamrun (ID 81648M, ID 49465M and ID 265649M respectively) vs deputy curators to represent the directus dominus or their successors in title, the applicants Paul and Mary spouses Aquilina and Carmelo Aquilina (ID 81648M, ID 49465M and ID 265649M respectively) respectfully submitted:

 

That Paul Aquilina and Carmelo Aquilina bought and acquired the premises number 44, Triq Fra Diegu, Ħamrun, from Spiridione Zammit, Annie Chircop proprio and Mary Pawley proprio by means of a public deed in the records of Notary Dr Francis Micallef dated 23rd April, 1982 (copy here attached and marked as Dok. A) which premises are subject to the rate of €4.66 as the annual and perpetual groundrent and subgroundrent with all its rights and appurtenances as can also be seen from the root of title of these premises;

 

The applicants wish to avail themselves of the option given to them by means of article 1501 of Cap. 16 of the Laws of Malta and redeem the said groundrent;

 

That the amount of €4.66 capitalised with at rate of 5% amounts to €93.20;

That at the same time the applicants are depositing the amount of €23.30 representing groundrent arrears.

 

Thus, the applicants are humbly calling upon this Honourable Court and under the authority of the same they are depositing the amount of €116.50 to redeem this groundrent, which amount can be freely withdrawn by the same respondents after leaving the relative receipt according to law.

 

Applicants: Paul u Mary Aquilina,56, Freddie, Fl 5, Triq is-Sajjied, St Paul's Bay

Carmelo Aquilina,44, Triq Fra Diegu, Ħamrun

 

Notfication: Director of Public Registry, Evans Triq il-Merkanti, Valletta VLT 2000

Kuraturi Deputati, il-Qorti, Valletta

Registrar of Lands, Casa Bolino, 116, Triq il-Punent, Valletta VLT 2000

 

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

 

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

 

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

 

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Mr Justice Gianninu Caruana Demajo, LLD, Doctor of Laws.

 

Today 5th September, 2019

 

Registry of the Superior Courts, today 27th August, 2021

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

1302

 

Notice, Registry of the Civil Court (Family Section)

 

Whereas the plaintiff Paul Caruana (ID No. 0514246M) filed an application under oath (No. 212/21 AL) demanding corrections in the act of birth 3783/1970 of Josephine Caruana and 1332/1973 of Vincent Caruana.

 

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 30th August, 2021

 

Rita Vella Baldacchino

For Registrar, Civil Courts and Tribunals

 

 

1303

 

By a decree given on 28th June, 2021, 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 the application filed in the Civil Court First Hall on the 30th March 2021 by APS Bank plc gia APS Bank Ltd (C2192) Judicial Sales number 17/21 in the names APS Bank plc gia APS Bank Ltd vs Daniel Aloisio being asked that the Court orders the sale by auction of:

 

The apartment internally marked numbered two (2) situated on the elevated ground floor level, on the right-hand side when one faces the building complex of which the apartment forms part of the road. The apartment is overlying on one floor of garages and underlying two apartments. Included with this apartment is the courtyard situated at the back of the apartment along with the internal courtyard, which apartment and courtyards are marked on the plan attached to a contract in the acts of Notary Rachel Busuttil dated thirty January of the year two thousand and six (30/01/2006). The building complex is officially numbered ninety-seven (97) previously officially unnumbered but known as 'Chamonix', in Triq it-Torri, Birkirkara, Malta. The apartment is free and unencumbered with all its rights and appurtenances. The apartment is bounded on the northeast by the said street, on the northwest by Carmelo Muscat's property and on the east by the remaining complex property of Jakro Developments Limited or its successors. Also included with the apartment is an undivided share of the common parts in the said building complex which common parts consist in the entrance, entrance hall, stairs leading to the main entrance, internal stirs to the roof (but excluding the roof), halls, lift and lift shafts and shafts. The roof shall not be considered a common part, but the owner of the apartment has a limited right of use of the roof for the purpose indicated in the relative contract of Notary Rachel Busuttil dated twenty-first May of the year two thousand and fourteen (21.05.2014). The apartment has the right of perpetual use and uninterrupted use of the common passages on the roof for the purpose indicated in the same contract of sale. This apartment is subject to the right of active rights and is subject to the passive resulting from the relative position of the apartment in the complex, including the common drainage and rainwater system.

 

Lock up garage at semi basement level marked with unofficially number five (5) forming part from a level of underlying garages in the block marked with official number ninety seven (97) previously unofficially numbered but known 'Chamonix', in Triq it-Torri, Birkirkara, the garage bounded on the northeast by common drive in and southeast and north by property of Jakro Developments Limited or their successors in title, free and unencumbered with all its rights and appurtenances. This garage is marked by pink on the plan annexed with contract in the acts Notary Rachel Busuttil of the fifth June of the year two thousand and six (05/06/2006). This garage is accessibly from common drive in and ramp that abuts in Triq it-Torri, Birkirkara. Also included with the garage is an undivided share of the common parts in the said level of garages which common parts consists in common the ramp and drive in, lift and lift shafts and shafts. The garage is subject to the enjoyment of active rights and is subject to the passive servitudes resulting from the relative position of the garage in the complex. There is one drain going through to the roof of the garage.

 

The block is bounded on northeast by the said street, on the northwest by property of Carmelo Muscat and on the east by property of Giuseppe Borg or other more correct boundaries. The complex consists of garages on the semi basement level, overlying three floors with two apartments on each floor and another floor with five washrooms. This complex was developed on the site formely occupied by a terraced house with its relative airspace and the ground floor, which terraced house was unofficially numbered but previously known as 'Saint Helena', in Triq it-Torri, Birkirkara.

 

The said property belongs to Daniel Aloisio (ID 353976M)

 

Registry of the Superior Courts, this Monday, 16th August, 2021

 

Marvic Farrugia

For the Registrar, Civil Courts and Tribunals

 

 

1304

 

DKR 88/2014 – CANCELLATION OF A FREEZING AND ATTACHMENT ORDER

 

IT IS BEING NOTIFIED that by a decree dated 23rd July, 2021, given by the Criminal Court (Madame Justice Dr Edwina Grima, LLD) following an application filed by the Attorney General on the 22nd July, 2021, in the names:

 

The Attorney General

 

Versus:

 

ELNARA SHORAZOVA, 45 years, born on the 11th April, 1976, at Alma-Ata, Kazakhstan, residing at number 12, 'Qui Si Sana Court', Flat 6, Qui Si Sana Sea Front, Tas-Sliema, Malta, and holder of identity card bearing number 57732A;

 

RAKHAT SHORAZ ALSO KNOWN AS RAKHAT MI. ALIYEV;

 

OLYMPIA YACHTING LIMITED registered in Malta with registration number C55516, the shareholder of which is Ganado Trustees & Fiduciaries Limited, registered in the address 171, Triq il-Fran, Valletta;

 

AJ TRUST (MALTA);

 

SYDNEY TRUST (MALTA);

 

ATHINA TRUST (MALTA);

 

ACQUARIUS TRUST COMPANY LIMITED (GIBRALTAR);

 

AURELIUS HOLDINGS LIMITED (GIBRALTAR);

EDS Holdings LTD registered with number C43705 25/16 Vincenti Buildings, Triq id-Dejqa, Valletta;

 

CRIMSON LIMITED registered 25/16, Vincenti Buildings, Triq id-Dejqa, Valletta;

 

BONĠU MEDIA MALTA LIMITED of 1332, Pender Gardens, Ivo Muscat Azzopardi Street, St Julian's;

 

MALTA PRESS AGENCY LIMITED of 1224, Pender Gardens, Ivo Muscat Azzopardi Street, St Julian's.

 

The Court DID NOT ACCEED TO THE REQUEST OF THE ATTORNEY GENERAL so that the Freezing and Attachment Order in the names above indicated, will be renewed for another six months and therefore orders the revocation of the said order. This order was issued by a decree given by the Criminal Court (Mr Justice Dr Lawrence Quintano, LLD) on the 25th February, 2014, and published in the Government Gazette of the 4th March, 2014.

 

This order is being published in terms of Article 435C of Cap. 9 of the Laws of Malta and Article 10 of Cap. 373 of the Laws of Malta.

 

Today, 27th August, 2021

 

Registry of the Courts of Criminal Judicature (Malta)

 

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals (Malta)

 

 

 

1305

 

DKR 319/2013 – CANCELLATION OF A FREEZING ORDER

 

IT IS BEING NOTIFIED that by a decree dated 6th April, 2021, given by the Criminal Court of Appeal  (Madame Justice Dr Consuelo Scerri Herrera, LLD) after an application filed by Anthony Cremona and following the execution of judgement given by the same Court on the 14th February, 2019, Appeal number 302/2018, in the case in the names:

 

The Police

(Asst. Comm. Ian J. Abdilla)

(Inspector Anna Marie Micallef)

(Inspector Yvonne Farrugia)

 

Versus

 

OMISSIS;

 

ANTHONY CREMONA, 50 years, son of Paul and Carmen née Azzopardi, born in Tal-Pietà, Malta, on the 11th June, 1971, residing at number 33, Triq San Fidiel, Ħamrun Malta and holder of Maltese identity card bearing number 238771(M);

 

OMISSIS;

 

OMISSIS;

 

OMISSIS

 

The Court ORDERED THE CANCELLATION of the freezing order of all the assets of the said Anthony Cremona, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Anthony G. Vella, LLD) by a decree dated 23rd July, 2013, and published in the Government Gazette of the 30th July, 2013.

This order is being published according to section 5(6) of Cap. 373 of the Laws of Malta.

 

Today, 27th August, 2021

 

Registry of the Courts of Criminal Judicature (Malta)

 

Marvic Psaila

Deputy Registrar, Criminal Courts and Criminal Tribunals

 

 

1306

 

By means of a decree given, by the Court of Appeal, in the records of the Application in the names Godfrey Formosa vs Dorienne Formosa Grech ,Application Number 43/21, t he following publication was ordered for the purpose of service of the respondent Dorienne Formosa Grech (née Grech) in terms of Article 18793) et sequitur of Cap. 12.

 

By means of an Application, filed, in the Court of Appeal , Application number 43/21, in the names Godfrey Formosa (ID 102979M) vs Dorienne Formosa Grech née Grech (ID 207779M) on the 2nd June, 2021, the applicant Godfrey Formosa (ID 102979M) respectfully pleaded:

 

That the applicant and the respondent Dorienne Formosa Grech had married on the 7th June, 2003, in the parrochial church of Ħal Balzan, as appears from the Act of Marriage number 906/2003, Doc. A;

 

That by a judgement given on the 28th April, 2021, by the Regional Metropolitan Tribunal of First Instance (Doc. B) the Catholic marriage between the parties was declared null;

 

That the Metropolitan Tribunal released an Executive Declaration on the 28th May, 2021;

 

Thus, the interpellant humbly prays this Honourable Court to order the Director Public Registry to register in terms of Articles 23, 24 and 28 of Cap 255 of the Laws of Malta (The Marriage Act) the decision given on the 28th April, 2021, of the Regional Metropolitan Tribunal of First Instance above referred too.

 

Notify Respondent: Dorienne Formosa Grech 2, Vimar, Alley Number 1, Triq l-Imdina, Naxxar

 

Reġistry of the Superior Courts (Appeals), today 30th August, 2021

 

Adv. Frank Portelli, LLD

For the Registrar, Civl Courts and Tribunals

 

1307

 

Notice in terms of article 495A of the Civil Code

 

Issued by the Court of Magistrates (Gozo)

 

Superior Jurisdiction, General Section

 

Application number: 54/2021

 

Application in terms of Article 495A of the Civil Code

 

Joseph (ID26372G) and Leontine spouse Refalo (ID 15976G)

 

as well

 

Mary Sultana, (ID 45741G) in her own name and on behalf of Joseph Debrincat (ID 51842G); Antoinette Portelli, (ID 4747 G); Debrincat brothers, sons of the dead Michael Debrincat and Mary née Grima and Joanna Rose Farrugia, on behalf of and on behalf of George Debrincat,

 

c/o 63, D Central, Triq ir-Repubblika, Victoria

 

vs

 

Gloria Portelli, 33, Triq Sir Luigi Camilleri, Rabat

 

Sworn application of Joseph (ID 26372 G) and spouses Leontine Refalo (ID 15976G) of c/o 63, D Central, Triq ir-Repubblika, Victoria,

 

Respectfully state and the said Joseph Refalo (ID 26372 G) confirms under oath while stating that he knows the facts set out personally:

 

1. That this present application concerns the following property:

 

The tenement without an official number and with the name of Dar Arjuża in Triq it-Telgħa tal-Belt, Victoria, Gozo, and this as best shown on the plan annexed to the agreements already signed between the parties;

 

2. That this property was originally acquired through various public contracts as explained in detail in the provenance of the same premises, which Document is attached hereto and marked Document A;

 

3.  That by virtue of an agreement signed on the thirteenth (13) of April, 2021, which agreement is duly registered with the Inland Revenue Department with the number PS202106887 signed between all the applicants except for the respondent Gloria Portelli the Portelli brothers promised to sell and transfer to the Refalo spouses the same project and this under the terms and conditions listed in the same agreement a copy of which is attached and marked here Document B;

 

4. That therefore only the respondent Gloria Portelli remains who did not accede to this agreement;

 

5. That the same Gloria Portelli has a quota of one fifth undivided (1/5) from this tenement;

 

6. That the applicants believe that the price originally agreed between all the applicants is an advantageous one considering the measurement of this premises, and the state in which the building is located, as well as the location in which is, and all the circumstances relating to these funds, and this as evidenced by the sworn assessment of the Architect attached hereto as Document C;

 

7. That the applicants have long tried to persuade the respondent to ratify such an agreement and this also by means of an official letter a copy of which is being attached and marked Document D but failed to obtain her consent to the proposed sale.

 

Accordingly, the applicants respectfully request that this Honorable Court please, after the publication of this application in the Government Gazette and in another local newspaper in terms of article 495A of Cap. 16:

 

1.  Declare that the price as well as the conditions originally proposed for the sale of a share of all the applicants except Joseph and Leontine spouses Refalo from the real estate described above to the same Joseph and Leontine spouses Refalo are fair and appropriate and that the same price and conditions should apply to sales due to a respondent from this same premises;

 

2. Approve the proposed sale and order the publication of the deed of sale also in respect of the quota due to the said respondent Gloria Portelli, on the day, time and place to be fixed and appoint Notary Joanne Cauchi to publish the deed of sale in due course, with the intervention of deputy curators in order to represent the eventual defaulters on that deed.

 

And this at all the costs of this procedure as well as of the official letter mentioned against the same Gloria Portelli.

 

The application is appointed for hearing for Thursday 21st October, 2021

 

Registry of the Court of Magistrates (Gozo)

 

This 30th August, 2021

 

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals