Banns for Curators
Republic of Malta
To the Executive Officer (Courts of Magistrates) Gozo
It is hereby notified that by a decree dated 25th August, 2021 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 Organisation and Civil Procedure.
Whereas by a decree dated 25th August, 2021, in the records of the schedule of deposit and contextual redemption of ground rent number 236/2021 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, upon an application filed by Marilyn Isobel Higgins (aka Taylor) née Roberts, retired, holder of English passport number 546430400, Lucinda Katharine Williams née Martin, interior designer, holder of English passport number 513898309 and Leonora Rose Martin, unmarried film and television producer, holder of English passport number 509826952 versus a Deputy Curator to represent the unknown owners of an annual and perpetual ground rent mentioned in this schedule of deposit and contextual redemption of the ground rent mentioned, filed on the 20th August, 2021, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. The applicants respectfully state that:
They are owners of a house without an official number (sometimes known by the official number eighteen (18) or another more precise number) and named 'Dar Żgħira', with its garden annexed to the said house on the north, which garden measures about ninety-five square meters (95sqm), located in Triq l-Isqof Molina, Għarb, Gozo, and the whole is surrounded on the east in part by an alley leading to Triq l-Isqof Molina, to the west and south with property of the successors in the title of Maria Custo' and to the north partly from the said alley and partly with property of the successors in the title of Carmelo Apap, or more correct and more precise boundaries, as free from any charge or easement, however the garden is subject to a footpath in favour of property of Maria Custo' or her successors in title, which footpath lies to the south, with the overlying airspace and the underlying land, and with all its rights and pertinences. A copy of the plan of the property on which the groundrent is to be redeemed is herewith annexed and marked as Doc. A.
That this property was originally bought by means of a contract in deeds in Notary Joseph Cauchi of the tenth (10) of February one thousand nine hundred and seventy-four (1974) and from this deed it results that the sum of twenty liri (Lm20.00c) equivalent to forty-six euro and fifty-nine euro cents (€ 46.59) was due to the respondents as an annual and perpetual ground rent on the property described above.
That the applicants want to avail themselves of the faculty conferred to them by Article 1501 of the Civil Code, and redeem this ground rent in accordance with the law, provided that in the contract in deeds in Notary Joseph Cauchi of the tenth (10) of February one thousand nine hundred and seventy-four (1974) it is stipulated that the ground rent should be capitalised at the rate of two per cent (2%) instead of the rate of five per cent (5%).
That the amount of forty six euros and fifty nine euro cents (€46.59) capitalised by two per cent (2%) amounts to three hundred and seventy-two euro and seventy-two euro cents (€372.72).
That the applicants are also depositing the sum of two hundred and thirty two euro and ninety five euro cents (€232.95) as arrears of ground rent payment.
Therefore, the applicants in order to absolve themselves of all responsibility are acting before this Honorable Court and under its authority deposit the total sum of six hundred and five euro and sixty seven euro cents (€605.67) redemption of ground rent and payment of arrears due as explained above, what sum may be freely taken by the respondent after the due receipt is tendered.
To be served upon:
Director of the Public Registry, Evans Building, Triq ir-Repubblika, Valletta
Land Registrar, Triq ta' Wara s-Sur, Victoria
You, the executive officer of the Court of Magistrates (Gozo) is therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six (6) days, and by means of a minute to submit a declaration that they would like to so act.
You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.
Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Brigitte Sultana LLD, LLM (Cardiff), Adv. Trib. Eccl. Melit., a Magistrate of the said Court.
This 2nd September, 2021
Registry of the Court of Magistrates (Gozo)
Superior Jurisdiction, General Section
For the Registrar, Gozo Courts and Tribunals
By decree given by the Civil Court, First Hall, on the 17th May, 2021 on the application of Kevin Falzon and by request of S.N. Properties Limited (C14550) Thursday 21st October, 2021, from 9.00 a.m. to twelve noon (12.00 p.m.), has been fixed for the Sale by Auction ordered by a decree given on the 24th May, 2006, to be held in room number 78 nearby the Archives, Triq ir-Repubblika, Valletta, of the following property:
Tenement named Roxanne, in Triq Gladjoli Madliena limits of Ħal Għargħur underlying a block of three apartments and an overlying garage with which together enjoys the right of servitudes of drain and drainage system as well the right to the water tank on the highest roof above together with installing aerial television and satelitte dish and subject to an annual and perpertual ground rent of €58.23 and which maisonette is situated on the left hand side when one is looking at the block from the road of which it forms part and a semi level basement garage located as the first one on the left side from the ramp entrance on the valued at €326,112.
The block which the said maisonette and garage forms part are bounded North and Northeast by Triq il-Gladjoli and bounded South by Triq il-Ward and East by property of Michael or his successors heirs.
The said properties of Christopher (ID 177572M) and Cheryl (ID 22956A) spouses Gatt and by decree of 15th April 2005 and 2nd May, 2005, had been nominated as curators Dr Martin Fenech and LP Luisa Tufigno to represent the absents.
N.B. The said tenements will be sold as described in the acts of Judicial Sale by auction number 70/06.
Registry of the Superior Courts, this Wednesday, 1st September, 2021
For the Registrar Civil Courts and Tribunals