25/01/2022

Court Notices published in Govt. Gazette No. 20,772 of 25th January 2022

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103

 

Banns for Curators

 

Republic of Malta

 

To the Executive Officer (Courts of Magistrates) Gozo

 

It is hereby notified that by a decree dated 4th January, 2022, the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

 

By decree given by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 4th of January, 2022, in the acts of the schedule of deposit and contextual redemption of a lease bearing number 379/2021 BS of Monica Azzopardi, wife of Peter Paul Azzopardi, daughter of the late Carmelo Refalo and Rita née Tabone, born on 26th July, 1961, Xagħra, Gozo, bearer of identification card number 34561G and for all interests appertainable to him, Peter Paul Azzopardi, pensioner, husband of Monica Azzopardi, son of the late Ġużepp Azzopardi and the late Maria née Pisani born in Nadur, Gozo, on the 12th September, 1955, and bearer of identity card number 54655G, both residing at 'White Pampas', Triq John Otto Beyer, Xagħra Gozo, humbly requests:

 

That the applicant Monica Azzopardi née Refalo, acquired by virtue of the contract of Notary Doctor Michael Refalo dated fifteen of November nineteen eighty three (15.11.1983), by the power of Carmelo Refalo, piece of land known as 'Ix-Xagħri ta' Karkar', in the limits of Xagħra, Gozo, measuring circa three hundred and forty seven meter squared (347m.s) bounded from the south with an alley, west with the property of Joseph Sultana and north with the property of Fortunato Sciberras, subject to eight cents and two mills (0.8c.2m) which is equivalent to nineteen euro cents (€0.19), perpetual and annual emphytuesis, with all the rights and belongings, of which today, her residential house is built that is, the house without number but having the name of White Pampas, Triq John Otto Beyer, Xagħra, Gozo, the plans are being here annexed and marked as Doc. A;

 

That the exponent wishes to avail of the faculty afforded to her under the article one thousand five hundred and one (1501) of Cap. 16 of the Civil Code and redeem this emphyteusis;

 

That the sum of nineteen euro cents (€0.19) capitalised at five per centum (5%) amounts to three euro and eight two cents (€3.82);

 

Therefore, the applicant to exonerate herself from every responsibility is hereby depositing under the authority of this Honorable Court the sum of three euro and eight two cents (€3.82), to redeem the emphyteusis as here above specified, which amount can be freely withdrawn from the respondent, after tendering due receipt.

 

You, the executive officer of the Court of Magistrates (Gozo), are 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, Magistrate of the said Court.

 

This 14th of January, 2022

 

Registry of the Court of Magistrates (Gozo)

 

Superior Jurisdiction, General Section

 

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

 

 

104

 

By means of a decree of the 4th October, 2021, of the Rent Regulation Board, in the records of the Application in the names robert Nicholas Borg v s Victoria Caruana et, Application number 110/2021JD, the following publication was ordered for the purpose of effecting service on the respondent Joseph Caruana 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 Robert Nicholas Borg (ID 532754M) vs Victoria Caruana (ID 662438M) and by means of a decree dated 14th July, 2021, the acts were transferred to the name Joseph Caurana because of the death of Victoria Caurana who died during the hearing of the proceedings and Housing Authority (as Amicus Curiae) filed in the Rent Regulation Board, on the 4th May, 2021, the applicant Robert Nicholas Borg (ID 532754M) requested this Honourable Board why it should not:

 

1. Evict the respondent Joseph Caruana from the premises 32/34, Triq il-Mensija, St Julian's, since he is occupying the premises without a valid title at law since in terms of Act 24/21 as occupier of the premises in question, he did not inherit the lease from his late mother Victoria Caruana.

 

With costs against the respondent who are from now summoned so that a reference to his oath be made and without prejudice to any other action that may be brought.

 

Applicants: 31, Poitiers, Triq it-Torri Wejter, Birkirkara

 

Respondent: 32/34, Triq il-Mensija, St Julian's

 

The application in the names Robert Nicholas Borg vs Victoria Caruana et , Application number 110/2021JD, has been postponed for hearing to the 27th January, 2022, at 9.45 a.m.

 

Registry of the Superior Courts, today 20th January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

105

 

IT IS hereby notified that in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 7th January, 2022, and upon an application numbered 867/2021, Ordered:

 

The correction in the Act of Death bearing the number 665/2020 by deleting the name 'Michele'wherever it appears and replacing it with the correct name 'Giovanni', as well as ordering the correction in the Act of Birth bearing the number 8475/1933 such that the name 'Michele' is deleted wherever it appears and substituted with the correct name 'Giovanni'.

 

Court of Revision of Notarial Acts

 

Today, Thursday, 20th January, 2022

 

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

 

 

106

 

By means of a decree of the 26th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Dr Aldo Fiorini et vs Anthony Testa, Application number 472/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Anthony Testa 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 Dr Aldo Fiorini (ID 100259M), Concetta D'Amato (ID 142828M), Amanda Mahoney (ID 425462M), Lydia Fiorini (ID 564261M) and Claudette Bundy (ID 25565M) vs Anthony Testa (ID 0465448M) filed in the Rent Regulation Board, on the 12th August, 2021, the applicants Dr Aldo Fiorini et requested this Honourable Board why it should not:

 

1. Order the means test of the respondent according to the provisions of Article 4A(3)(c) of Cap. 69 of the Laws of Malta;

 

2. Gives those orders that it deems opportune, according to the results of the means test, and that is that if the criteria of the means test are not satisfied, orders immediately the eviction of the respondent from the premises 8, Triq Giacchino Navarro, Msida, within a peremptory time established by the same Board according to law and liquidate the compensation due in terms of Article 4A (4) of Cap. 69 of the Laws of Malta and order the respondent to pay the compensation as liquidated; or

 

3. If the criteria of the means test are met, orders the continuation of the relative lease with new conditions regulating the payment of the rent and declare that the rent should be revised to an amount not exceeding 2% per annum of the free and open market value of the premises with effect from the 1st January, 2021, and orders the respondent to pay the rent as declared.

 

With costs and legal interest against the respondent who are from now summoned so that a reference to his oath be made and without prejudice to any other action that may eventually be brought.

Applicants: 61, Mon Delice, Triq San Anard, Ħal Tarxien

 

Respondents: 8, Triq Giacchino Navarro, Msida

 

Housing Authority

 

The application in the names Dr Aldo Fiorini et vs Anthony Testa, Application number 472/2021NB, has been postponed for hearing to the 31st January, 2022, at 9.00 a.m.

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

 

 

107

 

By means of a decree of the 15th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Anthony Debono et vs Christian Callus, Application number 619/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Christian Callus 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 Anthony Debono (ID 556960M) and Shantys Construction Company Limited (C15754) vs Christian Callus (ID 499783M) filed on the 7th September, 2021, the applicant Anthony Debono (ID 556960M) and Shantys Construction Limited (C15754) represented by the director Louise Anne Debono (ID 471864M) humbly requested:

 

That the applicant Anthony Debono (ID 556960M) sub-leases to the respondent Christian Callus (ID 499783M) the premises that is the garage number 2, drive in 20, Triq il-Brunzar, Santa Venera, site plan attached hereto and marked as Doc. A, which garage is owned by Shantys Construction Company Limited (C15754), document here attached and marked as Doc. B;

 

That the applicant Anthony Debono and the respondent agreed on the sub-lease in January 2019;

 

That the applicant Anthony Debono rents to the respondent the said garage towards the rent of €1,200 per year which are paid in two advance payments of €600 each time in January and June;

 

That from the very beginning, the respondent was always late in paying the rent, and the applicant always had to contact him personally in order for him to pay as well as by legal letter and also by means of a judicial letter number 540/2021, but the respondent always remained in default;

That the respondent has repeatedly promised that he will pay and always came up with one excuse or another and still failed to make the payment within the time as agreed. That therefore the respondent breached the lease conditions by remaining in default of payment of the rent for two terms, with the last term would be the one that expired in June 2021 and also even behaved badly towards the applicant.

 

That the applicant therefore respectfully requests that this Honourable Board:

 

1. Terminates the respondent's lease;

 

2. Authorises the applicnat to regain possession of the garage number 2, drive in 20, Triq il-Brunzar, Santa Venera, by evicting the respondent from the same premises within a short period set by this same Board.

 

With costs including that of the judicial letter.

 

Applicants: 13, Mon Dieu, Triq it-Tensila, Ħal Qormi

 

Notification: Christian Callus, 43, Flat 4, Triq l-Isptar, Valletta

 

The application in the names Anthony Debono et vs Christian Callus, Application number 619/2021LC, has been postponed for hearing to the 31st January, 2022, at 11.00 a.m.

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

108

 

By means of a decree given by the Civil Court (Constitutional Jurisdiction) on the 16th December, 2021, Application in the names Alexander Vella et vs The State Advocate, Vincent and Joan Rose, Application number 562/21 AD, the following publication was ordered for the purpose of service of the respondent Vincent and Joan Rose, in terms of Arricle 187(3) et. sequitur of Cap. 12.

 

By means of an Application, presented, in the First Hall Civil Court (Constitutional Jurisdiction) in the names Alexander Vella (ID 896947M), Davina Bonello Ghio (ID 102272M), Mario Sciberras (ID 308854M), Monica Sciberras (ID 221243M), Beverley Sciberras (ID 186503L), Cassandra Louise Sciberras (ID 465594M), David Sciberras (ID 465494M), Chantal Sciberras (ID 465694M), and Matthew Sciberras (ID 465794M) vs the State Advocate, Vincent and Joan Rose sive Rosette spouses Ruggier, on the 21st August, 2021, the applicant Alexander Vella et respectfully pleaded:

1. That the interpellants are the co-owners of the premises or rather apartment with number 2, forming part of a blokk of apartments with number 55 and with the name Sciberras Flats, in Trejqa tal-Fleur-De-Lys, Santa Venera;

 

2. That the said premises was transferred to the respondent spouses Ruggier by title of temporary emphyteusis on the basis of a contract of the 19th September, 1983, in the records of Notary Doctor Joseph Brincat;

 

3. That the emphyteutical concession mentioned came to an end on the 24th April, 2011, and on the basis of Article 12(2) of the Housing Decontrol Ordinance (Cap. 158 of the Laws of Malta) the title that the spouses Zammit enjoyed on the premises was converted into one of lease and the annual rent was established according to the same Article of Law in the amount of € 582.34;

 

4.That as a result of the effect of Article 12(2) of Cap 158 , the interpellants were deprived of the real and proper enjoyment of their property as well as the right to take back vacant possession of the same and this as the respondents Zammit were given the right to convert the same emphyteusis into a relationship of lease;

 

… omissis …

 

11. Thus keeping in view the above the interpellant respectfully prays that this Honourable Court:

 

i. Declares that Article 12(2) of the Housing Decontrol Ordinance Cap. 158 of the Laws of Malta violates the interpellant's rights to the enjoyment of their property in violation of Article 37 of the Constitution of Malta and the First Article of the First Protocol of the European Convention for the Protection of the Fundamental Human Rights and Liberties as incorporated in the Laws of Malta, Cap. 319,

 

ii. Declares null and without effect in the case in question Article 12(2) of the Housing edd control Ordinance Cap. 158 of the Laws of Malta,

 

iii. Give the interpellants those remedies it deems fit in order that there be respected the fundamental and constitutional rights of the interpellants as protected by the Constituion of Malta and uphold the other demands in the application amongst which the liquidation of compensation in favour of the interpellants.

 

With costs, against the respondents or either of them.

 

The Application number 562/21 AD, in the names Alexander Vella et vs The State Advocate et, has been deferred to the 1st February, 2022, at 11.00 a.m.

 

Notify: 1) Vincent Ruggier, 55, Sciberras Flats, Flat 2, Triq Fleur-De-Lys, Santa Venera

2) Joan Rose Ruggier, 55, Sciberras Flats, Flat 2, Triq Fleur-De-Lys, Santa Venera

 

Registry of the Superior Courts(Constitutional Jurisdiction), today 21st February, 2022

 

Av. Frank Portelli, LLD

For the Registrar, Civil Court and Tribunals

 

 

109

 

By means of a decree of the 15th November, 2021, of the Rent Regulation Board, in the records of the Application in the names Leonard Galea et vs Gaetano Grima et, Application number 589/2021LC, the following publication was ordered for the purpose of effecting service on the respondent Gaetano Grima 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 Leonard Galea (ID 0579259M), Andrew Galea (ID 0735861M), Louise Anne Degiorgio (ID 0384067M), Mary widow of the Dentist Edwin Galea (ID 0377001L) as usufructuary of her late husband for any interest she may have vs Gaetano Grima (ID 656151M) and the Housing Authority filed in the Rent Regulation Board, on the 1st September 2021, the applicants Leonard Galea (ID 0579259M) et requested this Honourable Board why it should not:

 

1. Declare and decide that the respondent Gaetano Grima (ID 656151M) is the lessee of the premises 734, Triq il-Kbira San Ġużepp, Ħamrun, and qualifies as the lessee of a residential House on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

 

2. Order that the means test of the respondent Gaetano Grima (ID 656151M) be carried out which shall be based on the means test set out in the Rules of the Continuation Tenancies (Criteria of the Means Test) issued under Article 1622A of the Civil Code and any regulations which replace them, which test shall be based on the income of the lessee between 1st January and 31st December 2020, and on the capital of the same lessee on the 31st December 2020;

 

3. Declare and decide that in accordance with Act No XXIV of 2021, the rent shall be revised to an amount not exceeding 2% of the free and unencumbered open market value of the premises734, Triq il-Kbir San Ġużepp, Ħamrun, and to establish new conditions regarding the lease;

 

4. Order that if the respondent Gaetano Grima (ID 656151M) does not meet the criteria of income and capital of the means test, the eviction of the same respondent from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

 

With costs against the respondents who are from now summoned so that a reference to their oath be made and without prejudice to any other action that may eventually be brought.

 

Applicants: 52, Id-Dura, Triq il-Kokka, Kappara, San Ġwann

 

Respondent: 734, Triq il-Kbira San Ġużepp, Ħamrun

 

The application in the names Leonard Galea et vs Gaetano Grima et, Application number 589/2021LC, has been postponed for hearing to the 31st January, 2022, at 9.00 a.m.

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

 

 

110

 

By means of a decree of the 7th January, 2022, by the Rent Regulation Board, in the records of the Warrant of Eviction number 1484/2021 in the names (Applicant) George Busuttil et vs (respondent) Tracey Borg the following publication was ordered for the purpose of service of the respondent Tracey Borg 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) George Busuttil (ID 449256M) and Joan Josette Busuttil (ID 157860M) vs (respondent) Tracey Borg (ID 0417574M) filed on the 5th October, 2021, the applicant George Busuttil (ID 449256M) et asked this Honourable Board,

 

To order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondent failed to do this till this day.

 

Premises: 23, Triq Santa Teresa, Birkirkara

 

Judgement: according to a partial judgement decided by the Rent Regulation Board according to Application number 148/2020 SG, in the names George Busuttil et vs Tracey Borg decided on the 26th November, 2020, where the eviction was ordered within a period of three months from the date of judgement, which time was peremptory and which has now lapsed and this according to the same judgement, a copy of which is here attached and marked as Document KM1. For all intents and purposes, it is being indicated that the application de quo was definitely decided and it became final according to another judgement given on the 22nd June, 2021, which has not been appealed Document KM2 here attached.

 

Today 5th October, 2021

 

Filed by Dr Karl Micallef and PL Katrina Zammit Cuomo

 

Warrant of Eviction

 

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

 

Today 21st October, 2021

 

Execution: 23, Triq Santa Teresa, Birkirkara

 

Notification: 23, Triq Santa Teresa, Birkirkara

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

111

 

By means of a decree of the 16th December, 2021, of the Rent Regulation Board, in the records of the Application in the names Anthony Caruana vs Zhivko Mitkov Petkov et, Application number 747/2021NB, the following publication was ordered for the purpose of effecting service on the respondents Zhivko Mitkov Petkov and Dimka Kaneva Petrova 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 Anthony Caruana (ID 330168M) vs Zhivko Mitkov Petkov (ID 34532A) and Dimka Kaneva Petrova (ID 34671A) filed before the Rent Regulation Board, on the 19th October, 2021, the applicant Anthony Caruana (ID 330168M) requested this Honourable Board to:

 

1. Decide these proceedings summarily and without proceeding to trial in terms of Articles 16A of the Re-letting of Urban Property (Regulation) Ordinance;

 

2. Orders the respondents so that within a short and peremptory time fixed by this Board, to vacate from the apartment internally marked with number 3, forming part of the block known as Yanika Court, in Triq San Ġużepp, Msida, and return it to the applicant with all the furniture and items leased, and in good condition;

 

3. Condemn the respondents to pay the applicant the amount of €3250 representing the rent arrears due to them till the end of the lease.

 

With costs including those of the garnishee order filed together with this application and with legal interest against the respondents who are from now summoned so that a reference to their oath be made.

 

Reserving the right for any other action according to law including for all the costs of services of the premises till the date of eviction and for any other damages because of illegal occupation suffered by the applicant as a result of the respondents' fault.

 

Applicant: Anthony Caruana, Les Etoiles, Triq il-Waqqafa, Mosta

 

Respondents: Zhivko Mitkov Petkov, Yanika Court, Flat 3, Triq San Ġużepp, Msida

 

Dimka Kaneva Petrova, Yanika Court, Flat 3, Triq San Ġużepp, Msida

 

The application in the names Anthony Caruana vs Zhivko Mitkov Petkov et, Application number 747/2021NB, has been postponed for hearing to the 4th February, 2022, at 11.00 a.m.

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

112

 

By means of a decree of the 22nd October, 2021, of the Rent Regulation Board, in the records of the Application in the names Emanuel Borg et vs Maria Delicata, Application number 422/2021NB, the following publication was ordered for the purpose of effecting service on the respondent Maria Delicata 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 Emanuel Borg (ID 1107447M), Carmelo Borg (ID 640651M) and Anna Farrugia (ID 650558M) vs Maria Delicata (ID 0834248M) filed in the Rent Regulation Board, on the 30th July, 2021, the applicants Emanuel Borg (ID 1107447M), Carmelo Borg (ID 640651M) and Anna Farrugia (ID 650558M) requested this Honourable Board why it should not:

 

1. Order the means test of the respondent according to the dispositions of Article 4A(3)(c) of Cap. 69 of the Laws of Malta;

 

2. Gives those orders that it deems opportune, according to the results of the means test, and that is that if the criteria of the means test are not satisfied, orders immediately the eviction of the respondent from the premises 16, Rigu Lane, Birkirkara, within a peremptory time established by the same Bord according to law and liquidate the compensation due in terms of Article 4A (4) of Cap. 69 of the Laws of Malta and order the respondent to pay the compensation as liquidated; or

 

3. If the criteria of the means test are met, orders the continuation of the relative lease with new conditions regarding the payment of the rent and declare that the rent should be revised to an amount not exceeding 2% per annum of the free and open market value of the premises with effect from the 1st January 2021 and orders the respondent to pay the rent as declared.

 

With costs and legal interest against the respondent who are from now summoned so that a reference to her oath be made and without prejudice to any other action that may sometimes be brought.

 

Applicants, 95, Xemxija, Triq Dun Karm, Iklin

 

Respondent: 16, Rigu Lane, Birkirkara

Housing Authority

 

The application in the names Emanuel Borg et vs Maria Delicata, Application number 422/2021NB, has been postponed for hearing to the 31st January, 2022, at 9.20 a.m.

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

113

 

By means of a decree of the 30th March, 2020, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2533/2019 in the names Automated Revenue Management Services Limited (C46054) pro et noe vs Ivan John Debono, the following publication was ordered for the purpose of effecting service on the respondent Ivan John Debono in terms of Article 187(3) of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 27th November, 2019

To Ivan John Debono (ID 723061M) of 21, Triq il-Knisja l-Qadima, Mellieħa, Manikata

 

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 €1,465.44, 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 utility bills with number 101000185572 regarding the premises with address 21, Triq il-Knisja l-Qadima, Mellieħa, Manikata.

 

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 21st January, 2022

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

114

 

By means of a decree of the 7th December, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 985/2021 in the names Zammit Finance plc vs Kurt Lanzon the following publication was ordered for the purpose of effecting service on the respondent Kurt Lanzon in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 29th April, 2021

 

To Kurt Lanzon (ID 99596M) of 4, Josvic, Triq Santa Marija, Ħal Balzan

By the present Zammit Finance plc (C70870) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, Malta, solicits you so that immediately you pay the amount of €3,295.20 besides legal interest from the due date of each bill of exchange till the date of effective payment representing 20 bills of exchange each of value €164.76, which bills of exchange were due on the 2nd day of each month from February 2019 till September 2020 respectively (copies here attached and marked as Doc. A1-Doc. A20).

 

This judicial letter is being made in terms of Article 253(e) and 256(2) of the Code of Organisation and Civil Procedure and thus the interpellant warns you that if within twenty day from the notification of this judicial letter you do not show this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and all the executive warrants will be issued against you according to law.

 

Soo much so that you may know how to proceed and regulate yourself and with costs against you.

 

Registry of the Court of Magistrates (Malta), today 21st January, 2022

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

115

 

By means of a decree of the 23rd April, 2021, in the records of the judicial letter number 479/2021 in the names Falcon Funds Sicav plc vs Delta 1 Securities plc et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on Andreas Wolfl in terms of Article 187(3) of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 3rd February, 2021

 

To

Delta 1 Securities plc (C59190)

 

Securitisation Consultancy Ltd (C68880)

 

Andreas Wolfl (Austrian passport P6717546)

 

Christian Grob (Austrian passport U0235256)

 

RES Malta Limited (C46697)

 

By means of this present Falcon Funds Sicav plc (SV295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to your role in the issuing of financial instruments including the financial instruments bearing the names Solid Venture P2P ETI and WSV Pro Mittelstand ETI and to your direct and/or indirect involvement in a number of investments made on behalf of the same sender in the same financial instruments.

 

Whereas furthermore and without prejudice to the above, it results that you were responsible, inter alia, for the issuing and, or authorization of the issuing of the prospectus relative to the above mentioned investments bearing the names Solid Venture P2P ETI and WSV Pro Mittelstand ETI;

 

The sender also draws your attention to the losses which it has suffered and/or which it will suffer on the same investment as a consequence of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as false declarations in the above mentioned prospectuses, lack of expertise and/or non-observance of the applicable laws and regulatios and the violation of your obligations.

 

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible in solidum for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

 

So much for your better guidance.

 

With costs

 

Notification: Andreas Wolfl, 19, Triq Gafar, Tas-Sliema

 

Registry of the Superior Courts today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

116

 

It is hereby being notified that the Court of Magistrates (Malta) by means of a decree of the 10th August, 2021, in the records of the judicial letter number 750/2018, in the names Director of Social Security vs Mary Fox, ordered the following publication for the purpose of effecting service on the respondent in terms of Article 187(3) of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 16th March, 2018

 

To Mary Fox (ID 475942M) of 38, Triq San Franġisk Saverju, Birżebbuġa, Malta

By means of this present judicial letter the Director of Social Security of 38, Triq l-Ordinanza, Valletta VLT 2000, calls upon you so that within one week from the notification of this act you pay the interpellant the remaining amount of €1,181.70 that were unduly paid to you as Sickness Benefit (SKA) for the period between the 29th June, 2002 and 26th June, 2004, and this because you failed to inform the Department that during the said period you were not entitled for such benefit and this as you were obliged to do according to Cap. 318 of the Laws of Malta and remained in default even though you have already been solicited by my means of a judicial letter dated 12th November, 2013, and duly notified to you.

 

If you fail to pay this amount within the stipulated time further legal procedures will be taken against you.

 

So much of your own guidance

 

With costs

 

Registry of the Court of Magistrates (Malta), today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

117

 

By means of a decree of the 14th September, 2021, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1528/2021 in the names Princess Holdings Limited vs Gabriele Billeci, the following publication was ordered for the purpose of effecting service on the respondent Gabriele Billeci in terms of Article 187(3) et sequitur of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 24th June, 2021

 

To Gabriele Billeci (ID 0172868A) of 36, Fl 4, Il-Bajja s-Sabiħa, Birżebbuġa

 

By the present, Princess Holdings Limited (C72528) of Sharay, Triq il-Fraxxnu, St Julian's, solicits you so that immediately you pay the amount of €4800 besides legal interest from the date of maturity of each bill of exchange till the date of effective payment, representing 24 bills of exchange, each one of value of €200 and matured on the 19th day of each month starting from August 2019 till May 2021 respectively (copy here attached and marked as Doc A1-Doc. A9).

 

This judicial letter is being made in terms of Article 253(e) and 256(2) of the Code of Organisation and Civil Procedure, Cap. 12 of the Laws of Malta and thus the interpellant warns you that if within twenty days from the notification of this judicial letter you do not bring forward before this Court grave and valid reasons to oppose the execution of these bills of exchange, thus this credit will be rendered executive title and executive warrants will be issued against you according to law.

 

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

 

With costs

 

Registry of the Court of Magistrates (Malta), today 21st January, 2022

 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

 

 

118

 

It is hereby notified that the First Hall of Civil Courts by means of a decree given on the 14th September, 2021, in the records of the judicial letter number 4563/2021, in the names Diana Ganado noe vs Charles Attard, ordered the following publication for the purpose of effecting service on the respondent Charles Attard, in terms of Article 187(3) et sequitur of Cap. 12.

 

In the First Hall of the Civil Court

 

Today 23rd December, 2020

 

To Charles Attard of 2 previously 8, Triq San Ġorġ, Vittoriosa

 

By means of this judicial letter Diana Ganado (ID 482244M) of Piemonte, Triq Dun Mikiel Rua, Tas-Sliema, for and on behalf of the other co-owners whilst referring you to the lease of the premises 2 previously 8, Triq San Ġorġ, Vittoriosa, which lease is regulated in terms of Cap. 158 of the Laws of Malta, informs you that such lease will terminate with immediate effect and this because you failed to use the premises as your ordinary residence.

 

Thus, the interpellants solicits you so that within fifteen (15) days from today you vacate the premises including any personal belongings and return the possession of the same premises and pay any arrears of electricity and water bills.

 

In the event that you remain in default within the time given to you there will be no alternative but to take the appropriate legal proceedings against you.

 

So much so that you know how to regulate yourself.

With costs

 

Registry of the Superior Courts today 21st January 2022.

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

119

 

By means of a decree given, by the Civil Court First Hall (Constitutional Jurisdiction) on the 15th July, 2021, in the names Maria k/a Mary Zerafa vs The State Advocate et, Application 242/20 ISB, the following publication was ordered for the purpose of service of the respondent Stephen Schembri, in terms of Article 187(3) et sequitur of Cap. 12.

 

By means of an Application, filed, in the First Hall Civil Court (Constitutional Jurisdiction) in the names Maria k/a Mary Z erafa (ID 715355M) against the State Advocate, and Stephen Svchembri (ID 436469M) on the 23rd October 2020, the applicant Maria k/a Mary Zerafa (ID 715355M) respecfully pleaded:

 

1. That the applicant is the owner of the premises with number 16, St. Joseph House, situated in Triq Santa Theresa, Ħal Għaxaq;

 

2. That the premises in question has long been leased to the respondent Schembri for more than forty years;

 

3. That the said premises is being leased to the respondent Schembri towards the rent of €203 payable every year in advance;

 

4. That in terms of Cap. 158 of the Laws of Malta, once the respondent Schembri is a citizen of Malta and the premises in question is his ordinary residence, the same Cap. gives the right to the same respondent in order to continue living in the premises in question by title of lease towards the amount of €203 yearly;

 

… omissis …

 

7. That the protection given to the lessee by the provisions of the Housing Deceontrol Ordinance Cap. 69 of the Laws of Malta, of Article 1521 C of the Civil Code and Axt X of 2009, create an unbalance in the rights of the applicant;

 

 

8. That the said unbalance violates the rights of the applicant both under Article 1 of the Protocol Number 1 of the European Convention as well as Article 14 of the same convention.

 

… omissis …

 

12. That certainly and without doubt the applicant is suffering a violation of her fundamental rights of property as sanctioned in Article 1 of the First Protocol of the Convention for Human Rights and Article 37 of the Constitution of Malta.

 

Thus in view of the above the applicant is respectfully asking this Honourable Court:

 

1. To declare and decide that as regards the applicant the facts exposed and the operations of the Housing Decontrol Ordinance Cap. 69 of the Laws of Malta and Act X of 2009, by means of the operation of the current laws are giving an indefinite right of renewal to the respondent Stephen Schembri in the premises number 16, St Joseph House, situated in Triq Santa Theresa, Ħal Għaxaq, and this in violation of the fundamental rights of the applicant as sanctioned in Article 37 of the Constitution of Malta, the First Article of the First Protocoll of the European Convention Cap. 319 of the Laws of Malta;

 

2. Declare and decide that the respondent the State Advocate is responsible for compensation and damages suffered by the applicant;

 

3. Liquidate the same compensation pecuniary and non pecuniary damages;

 

4. Condemn the respondent State Advocate to pay the same compensation and damages liquidated with interest till the date of payment.

 

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

 

The Application in the names Maria k/a Mary Zerafa vs The State Advocate et, Application number 242/20 ISB, has been deferred for hearing to the 9th February, 2022, at 9.30 a.m.

 

Notify Respondent; 16, St Joseph House, Triq Santa Theresa, Ħal Għaxaq

 

Registry of the Superior Courts (Constitutional Jurisdiction), today 21st January, 2022

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

120

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th December, 2021, Application number 2138/2021, by Mary Angela Cassar whereby she requested that be declared open in favour of Anthony Camilleri, widower 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 Mary Angela Cassar, Catherine Bugeja and Moses Camilleri brother and sisters Camilleri children of the decujus in equal shares between them the Succession of Carmela Camilleri, wife of Anthony Camilleri, daughter of Luisi Bugeja and Giuseppa née Polidano, born in Żurrieq, Malta, resided in Żurrieq, Malta, and died in in Żurrieq, Malta, on the 5th August, 2021, aged 87, and who held identity card number 19734M.

 

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 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

121

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th January 2022, Application number 58/2022 by Jane Mifsud et whereby they requested that be declared open in favour of Jane Mifsud wife 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 Kimberly daughter of the decujus the Succession of Albret Mifsud, husband of Jane Mifsud, son of Joseph Mifsud and Sheila Mifsud née Buckland, born in Tal-Pietà, Malta, resided in Ħaż-Żabbar, Malta, and died in Msida, Malta, on the 18th March, 2020, aged 58, and who held identity card number 234261M.

 

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 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

122

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th July, 2021, Application number 1137/2021, by Charmaine Ungaro, whereby following the application Joseph Abela, husband of Lucia Abela, son of George Abela and Rosina Abela née Cauchi, born in Ħal Qormi on the 22nd January, 1950, aged 71, and holding identity card number 99550M, was incapacitated by means of a decree given on the 19th October, 2021, under the conditions therein mentioned.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

123

 

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 12th August, 2021, Application number 1366/2021, by Lazzaro Grima and Emanuel sive Manuel Grima, whereby following the application John Mary sive Gamri Grima, bachelor, son of Andrea Grima and Catherine Grima née Muscat, born in Mġarr, Malta, on the 19th September, 1943, and residing in Mosta, aged 77, and holding identity card number 625243M, was interdicted from all the acts of the civil life by means of a decree given on the 13th September, 2021.

 

Registry of the Civil Court (Voluntary Jurisdiction Section)

 

Today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

124

 

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 7th January, 2022, Application number 34/2022, by Kevin Sammut et whereby they requested that be declared open in favour of the same Kevin Sammut in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of the minors Eksenia and Yadviga sisters Sammut children of the decujus in equal shares between them the Succession of Rita Sammut, wife of applicant Kevin Sammut daughter of the late Emanuel Galea and Carmen Galea née Coleiro, born in Tal-Pietà, Malta, resided in Msida, Malta, and died in Msida, Malta, on the 14th November, 2021, aged 39, and who held identity card number 0284382M.

 

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 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

 

 

125

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 1st October, 2021, following a request by Rosario Carabott et it was ordered that deputy curators be chosen to represent the unknown heirs of Francis Scicluna and Carmelo Bugeja in the acts of the schedule of deposit number 1790/2021 in the names Rosario Carabott 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 24th September, 2021, in the names Rosario Carabott, pensioner, son of the late Giovanni and Giuseppa née Incorvaja, spouses Carabott, born in Floriana (ID 677632M) and Carmela Carabott, wife of the same Rosario Carabott, pensioner, daughter of the late Xmun Caruana and Tonina née Caruana, born in Marsaxlokk (ID 0746238M) both residing in Marsaxlokk vs Deputy Curators to represent Francis Scicluna as the direct owner and deputy curators to represent the inheritance of Carmelo Bugeja, the sub emphyteuta whose heirs are unknown, the applicants Rosario Carabott (ID 677632M) and his wife Carmela Carabott (ID 746238M) and residing at 28, Triq Santa Katarina, Marsaxlokk, respectfully submitted:

 

That the applicants are the owners of the premises number 53 previously 24, Triq Santa Katarina, Marsaxlokk, (Doc. A);

 

That the premises was acquired by the applicant Rosario Carabott together with his brother Calcedonio Carabott, from Carmelo sive Charles Bugeja by means of a deed in the records of Notary Robert Girard dated 19th August, 1962, as a divided portion forming part of two developable sites known as Wied tal-Ibwar in Marsaxlokk of measurement of 26.30square canes subject to the annual and perpetual sub groundrent of a shilling (Doc. B).

 

That the applicant acquired the half undivided share of his brother Calcedonio Carabott by means of a contract in the records of Notary Robert Girard dated 16th January, 1966 (Doc. C);

 

That originally, the premises were acquired by Carmelo Bugeja from Francis Scicluna by means of a contract in the records of Notary Alexander Grech dated 23rd October, 1957, and subject to the annual and perpetual groundrent of 6 liri, 14 shillings and 3 pence (Doc. D);

 

That the applicants wish to redeem the groundrent which burdens the property and are therefore availing themselves of the option given to them by Cap. 16 of the Laws of Malta article 1501;

 

That although the applicants are aware of the name of the direct owner, the have no other details including where he resides and this for notification purposes;

 

 

From searches made, it was revealed that Carmelo Bugeja emigrated and died in Canada, but no other further information was found;

 

Thus together with this schedule of deposit for the redemption of groundrent and subgroundrent an application for the nomination of deputy curators to represent Francis Scicluna and the inheritance of Carmelo Bugeja is being filed;

 

That the annual and perpetual groundrent of 6 liri, 14 shillings and 3 pence that is equivalent to Lm6.71 and €15.63 capitalised at 5% amounts to €312.60;

 

That the annual and perpetual subgroundrent of a shilling is equivalent to Lm0.05 and €0.12 capitalised at 5% amounts to €2.40;

 

That the annual and perpetual groundrent and subgroundrent for these last 6 years amounts to €94.50.

 

Thus, the applicants are humbly calling upon this Honourable Court and under its authority are depositing the amount of €409.50 representing the annual and perepetual groundrent capitalised at 5% on the premises above mentioned, and also the amount of groundrent for the last 6 years, which amount can be freely withdrawn by the direct owners and this according to those directions that this Honourable Court deems fit.

 

Applicant: 28, Triq Santa Katarina, Marsaxlokk

 

Respondent: Francis Scicluna, notification of the banns, 49, Triq Santa Katarina, Marsaxlokk

 

Notification: 1) Director Public Registry, Onda Building, Triq Aldo Moro, Marsa MRS 9065

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

             

  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 Robert G. Mangion, LLD, Doctor of Laws.

 

Today 1st October, 2021

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

126

 

By means of a decree given,by the Civil Court First Hall, on the 24th June, 2020, Sworn Application in the names the Director Civil Courts and Tribunals as Registrar vs Theresa Grima, Application number 93/20 JVC, the following publication was ordered for the purpose of service of the respondent Theresa Grima.

 

By means of a Sworn Application,filed, in the First Hall Civil Court,in the names the Director, Civil Courts and Tribunals as Registrar Civil Courts and Tribunals vs Theresa Grima (ID 146166M) on the 31st January, 2020, the applicant Director Civil Courts and Tribunals, asked this Honourable Court:

 

1. To find the respondent guilty of contempt towards its authority in terms of Article 997 and 1003 A of Cap. 12 of the Laws of Malta;

 

2. Condemn the respondent to the penalties indicated in the same Article and condemn her to imprisonment for a period up to one month and to a penalty of not less than two hundred and thirty three euro (€233) and not more than two thousand three hundred thirty euro (€ 2330) or to a penalty or imprisonment together;

3.Impose any other necessary order on the respondent in terms of Aarticle 997 sub-Article (2) of Cap. 12 of the Laws of Malta including the fixing of a peremptory period till these orders are to be satisfied.

 

With costs, against the respondent from now summoned so that a reference to her evidence be made and saving any right of further action according to law.

 

The Sworn Application in the names the Director Civil Courts and Tribunals as Registrar vs Theresa Grima, Application number 93/20 JVC, has been deferred for hearing to the 3rd February, 2022, at 10.00 a.m.

 

Notify Defendant: Theresa Grima, 19, Gardenia, Triq l-Isptar, Rabat, Malta

 

Registry of the Superior Courts, today 24th January, 2022

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

127

 

Banns for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court on the 19th April, 2021, following a request by Francis Scicluna et it was ordered that deputy curators be chosen to represent Father Salvatore Scicluna, Katie sive Caterina wife of Joseph Vella, Giorgina Scicluna and Emanuela widow of Arturo Scicluna and/or the same Arturo Scicluna in the acts of the schedule of deposit number 619/2021 in the names Francis Grech 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 8th April 2021, in the names Francis Grech, pensioner, son of Vincenzo and Maria née Cauchi, born and residing in Naxxar (ID 514749M) and his wife Carmen Grech, housewife, daughter of Joseph and Gaudenzia née Saliba, born in Ħaż-Żebbuġ and residing in Naxxar (ID 184350M) vs Deputy Curators to represent Priest Father Salvatore Scicluna and his siblings Giuseppe Scicluna, in business born and residing in Naxxar and Katie sive Caterina wife of Joseph Vella, born in Naxxar and residing in Birkirkara, children of the late Leone and Saveria née Scerri, Giogina Scicluna unmarried daughter of the late Salvatore and Caterina née Schembri born and residing in Naxxar and Emanuela widow of Arturo Scicluna and/or the same Arturo Scicluna son of the late Salvatore and Caterina Scicluna as usufructuary of the same Arturo Scicluna daughter of the later Giovanni Mangion and Victoria née Bonnici born and residing in Naxxar or their heirs/successors in title, the applicants Francis Grech (ID 514749M) and Carmen Grech (ID 184350M) respectfully submitted:

 

That by means of a contract dated 22nd September, 1981, in the records of Notary Tonio Spiteri (Doc. A1 attached) the applicant Francis Grech, during his marriage acquired from third parties, the garage in shell form without number and without name unofficially marked with number 9 in a new road without name (today Triq l-Alfier) that abuts in Triq Santa Maria, Naxxar, bounded from the northeast with the same new road without name and from the northwest and South East with property of the vendors Salvatore Borg and John Vella who appeared in his own name and also for and on behalf of Nazzareno Zammit;

 

That the garage is marked on the site plan here attached and marked as Doc. A2 with the total measurement of about 47.8 meters squared;

 

That according to the contract above mentioned, the same garage was indicated as subject to the annual and perpetual groundrent of Lm0.25 today equivalent to €0.58 otherwise free and unencumbered with all its rights and appurtenances but without the airspace;

 

That according to this contract it was indicated that this garage was built by the vendors on a bigger portion of land that they bought from Emanuela Schembri by an act of Notary Angelo Vella of the 29th September, 1980 (Doc. B attacfhed) as already subject to the annual and perpetual groundrent mentioned in the said act;

 

That according to the contract of the 29th September, 1980, it results that Emanuela Schembri acquired this land by title of perpetual emphyteusis from the Priest Father Salvatore Scicluna and others according to the contract in the records of Notary Joseph Spiteri of the 12th September, 1956;

 

That according to this contract of the 12th September, 1956 (Doc. C attached) it results that this bigger portion of land of about two tumoli, was in fact sold as a perpetual emphyteusis to Emanuela Schembri by Salvatore Scicluna, and his siblings Giuseppe Scicluna, Katie sive Caterina wife of Joseph Vella, Georgina Scicluna and Emanuela widow of Arturo Scicluna as usufructuary of the same Arturo Scicluna as usufructuary of the same Arturo Scicluna subject to the annual and perpetual groundrent of Lm7 due from 15th August, 1956, payable in advance, which had had come from the inheritance of Salvatore and Caterina spouses Scicluna and subsequently devolved in favour of thier children and grand children with more details indicated in the same contract.

 

That the applicants have an indication that this groundrent (or a substantial part of it) was eventually inherited by one of the original directors indicated in the above mentioned contract and that is by Katie wife of Joseph Vella, now deceased and/or eventually by her three children Andre Vella, Fr Rene Vella and Nathalie Saydon after being given the following information about the other four previous owners namely:

 

a) The said Priest Father Salvatore Scicluna and his brother Giuseppe Scicluna who was a bachelor, had no other heirs and so their sister Katie inherited them and then her inheritance devolved onto her three children,

 

b) As regards Giorgina Scicluna, it has been indicated that she was unmarried (such that, given what was explained in Doc. C about how the majority of Salvatore Scicluna's children are Understood to have died and inherited each other) and that possibly her share was later inherited by Leone Scicluna or his children and eventually solely by his daughter Katie Scicluna, as may have been the case with the participation of Arturo Scicluna, as it was stated that his wife Emanuela had no children, and as indicated by Doc. C, she was only usufructuary and Arturo's share was inherited by his siblings so that eventually it was inherited in the same way that Giorgina Scicluna's share was inherited as explained above;

 

However, for all intents and purposes it is requested that deputy curators be appinted as more concrete confirmations may be required in this regard to confirm that all the children of Salvatore and Caterina Scicluna have all been inherited from Leone and/or his children and subsequently from Katie Vella and her children, notified by this Schedule of deposit, since notwithstanding that a number of ground rents on various garages have been indicated to be situated in the same road of the garage, subject matter of this Schedule, their number does not tally with number 9, which is the number of the garage subject matter of this schedule, and other numbers are mentioned;

 

That the amount above mentioned of €0.58 of the original perpetual groundrent regarding this schedule of deposit capitalised at the rate of 5% amounts to €11.60 whilst the groundrent due for the last five years is equivalent to €2.90.

 

Thus the applicants are in terms of Article 1501 of the Civil Code (Cap. 16 of the Laws of Malta) humbly calling upon this Honourable Court and under its authority are depositing the amount of €14.50 as above divided, representing the price of redemption of the groundrents above mentioned and also the arrears of groundrent for the last five years so that these amounts will be withdrawn by the respondents or their heirs/successors in title as indicated in this schedule of deposit, that eventual will result that they have the right to them after leaving the relative receipt according to law.

 

 

Applicants: Francis and Carmen Grech, 214, Gladstone, Vjal il-21 ta' Settembru, Naxxar

 

Notification: 1) Director Public Registry, 197, Triq il-Merkanti, Valletta

2) Registrar of Lands, 1 Casa Bolino, Triq il-Punent, Valletta

3) Andre Vella (ID 1963M), 195, Kissimmee, Vjal il-21 ta' Settembru, Naxxar

4) Fr Rene Vella (ID 838457M), 193, Vjal il-21 ta' Settembru, Naxxar

5) Nathalie Saydon (ID 94762M), Fur Elise, Vjal il-21 ta' Settembru, Naxxar       

 

  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 Toni Abela, LLD, Doctor of Laws.

 

Today 19th April, 2021

 

Registry of the Superior Courts, today 21st January, 2022

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals