Court Notices published in Govt. Gazette No. 19,953 of 23rd February 2018

 

340

 

Notice is hereby given that by a decree of the First Hall of the Civil Court (Constitutional Jurisdiction), entered on the 6th day of February, 2018, in the records of the Application in the names Nicholas Paris (ID 487969M) vs The Attorney General and Edward Ellul Sullivan (ID 356022M), Application number 100/2017 LSO, it was ordered that service upon Edward Ellul Sullivan (ID 356022M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of an Application filed in the First Hall Civil Court (Constitutional Jurisdiction), in the names Nicholas Paris (ID 487969M) vs The Attorney General and Edward Ellul Sullivan (ID 356022M) on the 7th day of December, 2017, Nicholas Paris (ID 487969M) asked this Honourable Court, saving a declaration that the conduct of the respondents and the amount of compensation being given was and still is injurious to their fundamental rights as protected by the Convention and the Constitution, under Article 46 of the Constitution and Article 4 of the Cap. 319, to give any remedy it may deem appropriate, including:

 

1. A declaration that the current laws make it impossible for the applicant to take back the possession of his property;

 

2. A declaration that his rights to the enjoyment of the property in question were and still are being violated, in violation of Article 37 of the Constitution and Article 1 of the First Protocol to the Convention;

 

3. Give the applicant an adequate remedy, including the eviction of the respondent from the property de quo;

 

4. A declaration that the defendants are liable for the damages sustained by the applicant and for the compensation due as a consequence of the laws in force, and this, even in terms of Article 41 of the Convention;

 

5. Liquidation of the said damages and compensation to the applicant in terms of Article 41 of the Convention;

 

6. Order the respondents to pay compensation for the liquidated damages;

 

7. With court costs as demanded in the Original Application.

 

Applicant: Nicholas Paris (ID 487969M), 61/3, Valley Road, Birkirkara

 

Services: Edward Ellul Sullivan (ID 356022M), 127, ‘Udong’, Howard Street, Tas-Sliema

 

The Application in the names Nicholas Paris (ID 487969M) vs The Attorney General and Edward Ellul Sullivan (ID 356022M) was deferred for hearing to the 13th day of March, 2018, at 9.30 a.m.

 

Registry of the Superior Courts (Constitutional Jurisdiction)

 

Today Tuesday, the 20th day of February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

341

 

Bann for Curators

 

Republic of Malta

 

To the Marshall of the Court

 

By means of a decree given by this Court, on the 2nd February, 2018, following a request of FS Design Limited, it was ordered that deputy curators be chosen to represent the owners who have the directus dominus or sub-directus dominus in the records of the Schedule number 197/2018, in the names FS Design Limited vs Deputy Curators and in the relative and subsequent acts.

 

By means of a Scedule of Deposit and redemption of Groundrent, presented, in the First Hall Civil Court, in the names FS Design Limited (C 28941) vs Deputy Curators appointed to represent the owners who have the directus dominus and or the sub-directus dominus, on the 31st January 2018, the interpellant FS Design Limited (C 28941) respectfully pleaded:

 

That the interpellant acquired from Eleno M Caruana and others the premises with its relative airspace officially marked with number seventy (70) in Triq Ponsonby, Gżira, Malta as subject to the annual and perpetual groundrent of (€2.68) as better described in the contract of acquisition in the records of Notary Dr Claire Camilleri, of the seventh (7) of September, 2016;

 

That the directus dominus and/ or the sub-directus dominus and /or successors in title are unknown and thus they shall be represented in the records of this schedule by deputy curators;

 

That the interpellant is availing herself of the provisions of Artricle 1501 of the Civil Code (Cap. 16) and redeeming this ground rent as stipulated in the same law;

 

That the sum of two euro and sixty-eight cent (€2.68) capitalised at 5% amounts to (€53.60).

 

That the interpellant in order to abide by law is depositing the sum of (€13.40) representing five (5) years arrears of ground rent which together with the sum of (€53.60) amount to sixty-seven euro (€67) in order that the same sum be withdrawn according to law after the due receipt according to law is left.

 

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

 

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

 

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

 

Given by the Superior Court , above mentioned, with the witness of the Hon. Mr. Justice Silvio Meli , LLD, Doctor of Laws.

 

Today 2nd February, 2018

 

Registry of the Superior Courts, today 20th February, 2018

 

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

342

 

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 9th of February, two thousand and eighteen (2018) (Application number 13/2018JVC) Saviour Borg requested the opening of the Succession of Caterina Borg, was a pensioner and widow of Luigi Borg, daughter of the late Francesco Teuma and Maria née Vella, born in Victoria, Gozo, and who used to reside in Fontana, Gozo, and who died in Victoria, Gozo, on the 11th of April two thousand and seventeen (2017), intestate, and which opening of succession is to be made in favour of her only son Saviour Borg.

 

 

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

 

 

Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

 

This 20th February, 2018

 

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

 

 

343

 

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 25th day of January, 2018, in the records of the Sworn Application in the names Paul Bennett (ID 312717L) vs Marion Cachia (ID 534172M), Sworn Application number 984/2017 JZM, it was ordered that service upon Marion Cachia (ID 534172M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of a Sworn Application filed in the First Hall Civil Court, in the names Paul Bennett (ID 312717L) vs Marion Cachia (ID 534172M) on the 27th day of October, 2017, Paul Bennett (ID 312717L) asked this Honourable Court to:

 

1. Declare and confirm that the applicant was incapable of making a donation at law, and especially the transfer by means of a banker's draft dated the 8th day of August, 2013;

 

 

2. Furthermore, declare and confirm that the donation or rather transfer of money by means of a banker's draft dated the 8th day of August, 2013, is devoid of the formalities required by law, namely by Article 1753(1) of Cap. 16 of the Laws of Malta;

 

3. Therefore declare that, as a result of the declarations made according to the previous claims, or any of which, the donation or rather the transfer through a banker's draft dated the 8th day of August, 2013, is null and void at law;

 

 

4. Therefore declare that the parties should be placed in the state they were in before such transfer took place, and thus order the respondent to repay the sum it received from the applicant.

 

With court costs and with legal interest as demanded against the respondent, as of now summoned so that a reference to her oath be made.

 

Applicant: Paul Bennett (ID 312717L)

 

Services: Marion Cachia (ID 534172M), 67, Cottoner Court, Flat 6, Triq l-Arznell, St Paul’s Bay

 

The Sworn Application in the names Paul Bennett (ID 312717L) vs Marion Cachia (ID 534172M) was deferred for hearing to the 20th day of February, 2018, at 9.00 a.m.

Registry of the Superior Courts

 

Today Tuesday, 20th February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

344

 

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 14th of February 2018 (Application number 14/2018JVC) Eucharistic Theuma et requested the opening of the Succession of Clemenzio Teuma, widower of Rosina Teuma née Said, son of the late Emanuele Teuma and Maria Rosa née Curmi, born in Ta’ Sannat, Gozo, and who used to reside in Ta’ Sannat, Gozo, died in Rabat, Gozo, on the twentieth (20) of June of the year two thousand and seventeen (2017) intestate, which opening of succession is to be made in favour of his nine children, that is, Eucaristico known as Eucharistic Theuma (ID12963G); Jude Thaddeus sive Teddie Theuma (ID 63259G); Joseph Theuma (ID 29761G); Dolores known as Doris wife of George Zahra (ID 65354G); Carmela wife of Francis Spiteri (ID 42156G); Margaret wife of Zakkarija Xuereb (ID 12358G); Maria wife of Victor Zammit (ID 25864G); Emanuel Theuma (ID 37853G) and MaryJane wife of Raymond Bugeja (ID 2670G) as to one ninths (1/9) undivided share each as the children of the decius.

 

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

 

 

Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

 

This 20th February, 2018

 

Dorianne Cordina

For the Registrar, Gozo Courts and Tribunals

 

 

 

 

345

 

It is hereby notified that by a decree dated the 16th February, 2018, the Court of Magistrates (Gozo) in its Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of section 187(3) of the Code of Organization and Civil Procedure, and this with regard to: Hassan Saleh Hassan (ID 114908A)

 

Saviour Mercieca (ID 49360G) filed an judicial letter, bearing number 29/2018 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section on the 16th January 2018 against the abovementioned Hassan Saleh Hassan (ID 114908A) wherein he called upon him to come forward within two days of notification, for the liquidation and payment of damages of any kind or nature sustained, when on the 3rd February, 2016, respondent stole sender’s vehicle bearing number DAI 595 from Triq Marziena, Munxar, Gozo, and with said vehicle respondent collided in Santa Domenica Street, Munxar, Gozo, with third parties’ vechiles namely with vehicles bearing number GBE 446, BBP 871, and IRN 304 and caused damages on all four vehicles, including sender’s.

 

In default, further legal action will be taken. With costs and with interests up to the date of the eventual settlement.

 

Registry of the Court of Magistrates (Gozo)

 

Superior Jurisdiction, General Section

 

This 19th Februray, 2018

 

Silvio Xerri

For the Registrar, Gozo Courts and Tribunals

 

 

 

346

 

By decree given by the Civil Court, First Hall, on the 10th January, 2018, on the application of Grech Edmund J. (ID 470640M) Tuesday, 20 March, 2018, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction,to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

 

Appartment marked number 2, in a block of apartments named ‘Franmar Court’ in Triq San Ġużepp Gonzi, Ħal Tarxien. With the apartment is included the right to install an aerial/satellite dish and a water tank. The owner has also the right to access the roof for the purpose of repairing and maintenance, and also the uninterrupted use of the common parts including the entrance, hallways,stairs shafts and lifts but excluding the roof and the airspace on the penthouse and washrooms.The property is valued at ninety thousand euro (€90,000).

 

The said tenement is the property of Hamdi Fatah Alla Mohammed El Abbasi (ID 23590A).

 

N.B. The said tenement will be sold as described in the acts of judicial sales number 79/2016.

 

Registry of the Superior Courts, this Tuesday, 20th February, 2018

 

Rudolph Marmarà

For the Registrar, Civil Courts and Tribunals

 

 

 

347

 

DKR 29/2018 – New Freezing Order

 

It is being notified that by a decree dated 18th February, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire L. Stafrace Zammit, LLD) Compilation Number 112/2018 in the case:

 

The Police

(Inspector Malcolm Bondin)

 

Versus

 

Ryhs Spiteri, 28 years, delivery-man, son of Victor and Nathalie née Pace, born in Tal-Pietà, Malta, on the 14th June, 1989, residing at number 51, Boat House, Triq ix-Xtut, St Paul’s Bay, Malta, and holder of Maltese identity card bearing number 0270589M.

 

Ordered the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Ryhs Spiteri and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta.

 

The Court Authorized the said accused to continue to receive the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24c) per year.

 

Any person who acts in contravention of the court order mentioned in Section 22A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

 

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

 

Today, 20th February, 2018

 

Registry of the Courts of Criminal Judicature (Malta)

 

Dr John Seychell Navarro

Dip. Hlth Science, Dip. Mgmt Stud., Dip.Not. Pub., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

 

 

 

348

 

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 2nd day of February, 2018, in the records of the Sworn Application in the names Claude Zammit (ID 186776M) et vs Saviour Micallef (ID 333765M) et, Sworn Application 457/2013 SM, it was ordered that service upon Clint Galea (ID 377582M), Joan Mizzi (ID 536357M), and Herman Sant (ID 439971M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Claude Zammit (ID 186776M) et vs Saviour Micallef (ID 333765M) et on the 24th day of October, 2017, Claude Zammit (ID 186776M) et respectfully submitted:

 

That by means of a Sworn Application filed on the 10th day of May, 2013, the plaintiffs submitted that given in the abovementioned Application of Appeal;

 

That by his Reply the defendant Saviour Micallef pleaded as reproduced in abovementioned Application of Appeal;

 

That by his Reply the defendant Clint Galea pleaded as given in the aforementioned Application of Appeal;

 

That the three other defendants, and namely Joan Mizzi, Herman Sant and the commercial company Topfresh Trading Limited have remained in default;

 

That by the judgment entered on the 4th day of October, 2017, the Honourable Court of First Instance upheld the first plea of the defendants Saviour Micallef and Clint Galea, whereby it declared that the plaintiff Andrew Zammit had no legal interest to institute the present cause; non-suited all the respondents – with the exception of Topfresh Trading Limited; declared the respondent company Topfresh Trading Limited a debtor of the applicants Claude and Justin Zammit in the amount of €93,170; and ordered the said company to pay to the applicants the amount due, with legal interest from the date on which this lawsuit was filed;

 

That the applicants feel aggrieved by this decision of the Court of First Instance and thus are filing this humble appeal;

 

 

That the principal grievance of the applicants is that the Court of First Instance failed to make a correct factual and legal appraisal of the evidence brought before it. It is the humble opinion of the applicants, that the preponderance of the evidence brought before the Court of First Instance should have resulted in the claims of the plaintiffs being upheld and the pleas of the respondents being rejected;

That thus, by means of the writing, the appellant applicant Andrew Zammit was solely forfeiting his rights consisting in an offer of employment with the respondent appellee company, and it was for this reason that the fact that he was about to retire with a pension was mentioned. This clause should not have been interpreted as a forfeiture of all the rights the applicant appellant Andrew Zammit had, including those of payment … omissis …;

 

 

 

That the Court of First Instance erred when it non-suited all the appellee respondents, with the exception of the respondent company Topfresh Trading Limited … omissis … That although it is true that as a general principle of law oral evidence should not be admissible against that which is written, this principle is not absolute and inflexible and in particular can be mitigated in the event that from the circumstances it appears that a mistake has been made in the writing, or the intention of the parties was expressed ambiguously or unclearly … omissis … That, with all this in mind, the Honourable Court of First Instance erred when it decided that the respondents Alfred Mizzi, Clint Galea, Saviour Micallef and Herman Sant were not guarantors of the debt that the respondent company Topfresh Trading Limited had with the applicant, therefore non-suited them, and this when all the submitted evidence indicated that the intention of the parties at the time they signed the writing of the 12th day of March, 2010, was to personally guarantee the said debt.

 

That therefore and in view of the foregoing, and while making reference to all the evidence already submitted and that evidence allowed at this stage, the appellants respectfully ask that this Honourable Court varies the judgement under appeal entered by the First Hall of the Civil Court on the 4th day of October, 2017, by (i) revoking the part whereby it upheld the first pleas of the respondents Saviour Micallef and Clint Galea and ruled that the applicant Andrew Zammit does not have legal interest to institute the cause; (ii) revoking the part whereby it non-suited the respondents Saviour Micallef, Herman Sant, Joan Mizzi and Clint Galea and proceed to declare that the said appellee respondents are debtors of the applicants and order them to pay to the applicants in solidum the amount owed in its entirety; (iii) confiriming the part whereby the respondent company Topfresh Trading Co. was declared a debtor of the applicants and ordered to pay the indicated amount, with legal interest; and (iv) rejecting all the pleas of the respondents while upholding those of the applicants as explained above, and this saving all those provisions that this Honourable Court deems fit and appropriate.

 

With the costs of both instances against the respondents.

 

Appellants: Claude Zammit (ID 186776M) et, 89, Chrisand, Triq San Ġwann l-Għammied, Rabat

Services: Clint Galea (ID 377582M), Sharom, Triq l-Awrat, Xgħajra

Joan Mizzi (ID 536357M), 60, Triq il-Ħut, Marsaskala

Herman Sant (ID 439971M), St Luke’s, Flat 3, Triq San Luqa, St Paul’s Bay

 

Registry of the Superior Courts

 

Today Tuesday, 20th February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

349

 

By decree given by the Civil Court, First Hall, on 7th Febraury, 2018, on the application of  J. Zammit Limited (C 37945), Wednesday, 21st March, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction, to be held at number fifty five (55), J&J Boatyard, Ta’ Għadmija, Mqabba, of the following items seized from the property of Horrill David Francis (ID 140126A).

 

Vehicle of the make Renault Megane, green in colour with the registration number LCR 079.

 

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 3/16.

 

Registry of the Superior Courts, this Tuesday, 13th February, 2018

 

Marvic Farrugia

For the Registrar of Civil Courts and Tribunals

 

 

 

350

 

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 8th day of August, 2017, in the records of the Sworn Application in the names Sylvana Tanti (ID 366871M) vs Noel Tanti (ID 274667M) et, Sworn Application 633/2008 JZM, it was ordered that service upon Noel Tanti (ID 274667M) and Antoine Tanti (ID 378571M) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

 

By means of an Application of Appeal filed in the Court of Appeal (Superior Jurisdiction), in the names Sylvana Tanti (ID 366871M) vs Noel Tanti (ID 274667M) et on the 19th day of December, 2016, Sylvana Zammit previously Tanti (ID 366871M) respectfully submitted:

 

That by means of a Sworn Application filed on the 20th day of June, 2008, the appellant claimed as reproduced in the abovementioned Application of Appeal;

That by a Sworn Reply filed on the 13th day of August, 2008, the defendants replied as indicated in the said Application of Appeal;

 

That by a judgment entered on the 29th day of November, 2016, the Honourable First Hall Civil Court held as follows: For all the foregoing reasons, the Court is hereby deciding this cause by: Dismissing the second and third pleas; Upholding the fourth and fifth pleas; Rejecting the first claim; Upholding the second claim limitedly insofar it concerns the private writing of the 14th day of April, 2005 between the defendants Noel Tanti and Maria Perrett; Rejecting the second claim limitedly insofar it concerns the private writing of the 14th day of April, 2005 between the defendants Antoine Tanti and Maria Perrett; Declining to hear the third claim; With respect to court costs, it orders the plaintiff, and the defendants, to pay their expenses, and this by the application of Article 223(3) of Cap. 12 of the Laws of Malta;

 

That the abovementioned Application of Appeal gives a brief chronology of the facts that gave rise to this action;

 

That the grievances are clear and manifest and consist of the following: (i) That the appellant feels aggrieved that the Honourable Court of First Instance failed to declare that all the defendants, or any of whom acted in bad faith or fraudulently because the Court considered that this declaration is not a requirement under Article 1326 of Cap. 16 of the Laws of Malta. That this claim was made, especially as regards the conduct of Antoine Tanti and Maria Perrett on the lease they made between them on the same day for the termination of the lease between Noel Tanti and Maria Perrett; (ii) That the appellant feels aggrieved by the fact that the second writing and namely that between Maria Perrett and Antoine Tanti of the 14th day of April, 2005, was not set aside and this because if the community of acquests existing between the parties Noel and Sylvana Tanti Noel is not annulled then it can never be reintegrated, and (iii) The appellant is aggrieved that the Honourable Court of First Instance failed to liquidate the damages which are pertaining to her and this because actually and factually there is no way of how the community of acquests can be reintegrated and also because the applicant was divested of all the profits that were generated by the business which was and still is being managed from the premises in question;

 

That the said Application of Appeal elaborates on each of the three abovementioned grievances and namely (i) That the appellant feels aggrieved that the Honourable Court of First Instance failed to declare that all the defendants, or any of whom acted in bad faith or fraudulently because the Court considered that this declaration is not a requirement under Article 1326 of Cap. 16 of the Laws of Malta. That this claim was made, especially as regards the conduct of Antoine Tanti and Maria Perrett on the lease they made between them on the same day for the termination of the lease between Noel Tanti and Maria Perrett … omissis … That this claim is not exclusively linked to the requirements of Article 1326 of Cap. 16 of the Laws of Malta … omissis … That from the evidence it came out unequivocally that the two writings were both drawn up on the same day and before the same Notary namely, the Notary Dr Pierre Falzon … omissis … That there can be no excuse that the defendant Maria Perrett did not knew that the appellant had to be part of the agreement … omissis … That secondly even from an examination of the writing of the original lease and that between Antoine Tanti she made a favourable business … omissis … with regard to the other defendant Antoine Tanti, he is the brother of Noel Tanti and there should be no doubt that he was aware of the separation of his brother from the appellant … omissis … That this contract was also the subject of a decided criminal lawsuit … omissis …; (ii) That the appellant feels aggrieved by the fact that the second writing and namely that between Maria Perrett and Antoine Tanti of the 14th day of April, 2005, was not set aside and this because if the community of acquests existing between the parties Noel and Sylvana Tanti Noel is not annulled then it can never be reintegrated. That as a matter of fact the premises merits of this lawsuit was and still is the main place of business … omissis … That from the evidence it is clear that Noel Tanti has continuously carried on his business and the second lease was only a fictitious lease … omissis … That the applicant respectfully submits and this was accepted by the Honourable Court of First Instance that Noel Tanti disregarded the law when he terminated the lease … omissis …, and (iii) the appellant is aggrieved that the Honourable Court of First Instance failed to liquidate the damages which are pertaining to her and this because actually and factually there is no way of how the community of acquests can be reintegrated and also because the applicant was divested of all the profits that were generated by the business which was and still is being managed from the premises in question. That the appellant respectfully submits that in this scenario she should be awarded damages on two binaries … omissis … That the applicant seeks to get compensated for the damages suffered by her due to the recisson of the contract by Noel Tanti and the lease on the same day of the premises and effectively the business which are integrated together to Antoine Tanti and there is no other way how it can be interpreted. That the applicant was excluded from taking profits from the business, an undivided half of which belongs to her … omissis … That thus on the basis of the evidence submitted Sylvana Tanti is asking to be paid by all the defendants, or any of whom the figure of €397,960 … omissis …

 

Therefore, in view of the foregoing the appellant plaintiff, while referring to the records of the cause, reserves to make any observations it may deem fit and to produce all the evidence admissible under the law at this stage, respectfully asks this Honourable Court to uphold her grievances and appeal and consequently alter the judgment of the First Hall of the Civil Court in the names “Sylvana Tanti (ID 366871M) and by a decree entered on the 30th day of March, 2016, the surname of the plaintiff was changed to ‘Zammit’, vs Noel Tanti, Antoine Tanti and Maria Perrett” entered on the 29th day of November, 2016 as indicated in the grievances of this appeal and confirm the remainder. And this under any measure that this Honourable Court deems fit and appropriate. With the costs of both instances against the defendants.

 

Appellant:  Sylvana Tanti (ID 366871M)

36, Triq Farsons, Ħamrun

 

Services: Noel Tanti (ID 274667M), 34, Penzia, Spinola Road, St Julian’s

Antoine Tanti (ID 378571M), Dolomiti Court, Flat 4, Triq Sant’Artistakru, St Paul’s Bay

 

Registry of the Superior Courts

 

Today Tuesday, 20th February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

 

 

351

 

DKR 332/2014 – Variation of a Freezing Order

 

It is being notified that by a decree dated 14th February, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) after an application filed by Aldo Pistella on the 14th February 2018, Compilation number 1010/2014 in the case:

 

The Police

(Inspector Malcolm Bondin)

 

Versus

 

Aldo Pistella, 39 years, employed, son of Franco Pistella and Aurora née Milioto, born in Favara, Sicily, on the 5th September, 1978, residing at 51, Penthouse, Triq is-Silla, Marsaskala, Malta, and holder of identity card number 52161A.

 

The Court Authorised the accused Aldo Pistella to receive the amount of thirteen thousand nine hundred and seventy euro and twenty cents (€13,976.24) for the year 2018.

 

 

This variation is made following another variation which decree was given on the 5th January, 2017, and published in the Government Gazette of the 24th January, 2017, following another two decrees dated 21st March, 2016, and 28th June, 2016, and published in the Government Gazette on 09th, August 2016, and following a freezing order dated 18th October, 2014, which was duly published in the Government Gazette on the 4th November, 2014, in terms of Section 22A of the Dangerous Drugs Ordinance , Cap. 101 of the Laws of Malta and of Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Aldo Pistella.

 

Today, 20th February, 2018

 

Registry of the Courts of Criminal Judicature (Malta)

 

Dr John Seychell Navarro

Dip. Hlth. Science, Dip. Mgmt Stud., Dip. Not. Pub., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

 

 

 

352

 

By means of a decree of the 19th February, 2018 in the records of the judicial letter number 396/18 in the names Advocate Dr Denia Ellul noe vs John Patrick Bohan et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents John Patrick Bohan and Peter Burroughes Hughes in terms of Article 891 of Cap. 12 and Article 2130 of Cap. 16 of the Laws of Malta.

 

In the First Hall of the Civil Court

 

Today 5th February, 2018

 

To

 

John Patrick Bohan of 8, The Fairways, Castle Rock Midleton, Co. Cork, Ireland

 

David George Butler

 

Peter Burroughes Hughes of Giffords Hall, Griffords Lane, Wickhambrook, Newmarket, Suffolk Cb8 8PQ, United Kingdom.

 

Paulianne Nwoko

 

By means of this present Dr Denia Ellul (ID 20491M) in her capacity as special mandatory and on behalf and in representation of Fidimed Fiduciaria S.r.l., registrered in the registry of companies in Milan Italy, with company registration number 05997910152 and having its registered address at Corso Magenta, 43, 20123, Milan, Italy, declares:

 

 

1. That the applicant has various investments held in a Bermudan Fund, Emerging Manager Platform Ltd, which is segregated into different Sub-funds of the Fund; namely, but not limited to Global Quality Selection Fund of Funds and Go Global Opportunity Fund of Funds;

 

2. That in line with the Fund’s Offering Memorandum and Sub-funds Offering Supplements (the Offering Documents) Apex Fund Services Ltd, having its registered address at 20 Reid Street, Williams House, 3rd Floor, Hamilton, HM11, Bermuda, was appointed as the Fund Administrator. We note however, that all subscriptions, redemptions and communication with the applicant were processed and made through Apex Fund Services (Malta) Ltd (C 42646), with the latter acting as the de factoAdministrator, Registrar and Transfer Agent;

 

3. That through various letters issued by Novium AG, the Fund’s Investment Advisor, the applicant has learned that ‘Global Quality Selection Fund of Funds’ and ‘Go Global Opportunity Fund of Funds’ were suspended as of the 1st of February, 2016. Nevertheless, the respondents, in their capacity of directors of the de facto Administrator, Registrar and Trasfer Agent processing all subscriptions and redemption requests placed by the applicant, not only failed to notify the applicant of such suspension as one of their obligations under the Offering Documents but issued and sent Redemption Confirmations after said suspension was in force;

 

4. That notwithstanding various requests for the redemption and immediate settlement of the redeemed investments held in the abovementioned Sub-funds, followed by numerous other emails sent by the applicant to yourselves in the capacity of directors of the de facto Administrator and to Novium AG asking for information on the performance of the portofolio, the applicant was not given visibility on the status of his various investments.

 

 

5. That the applicant tried to communicate with the respondents to set a meeting in order to obtain information on the performance of the Sub-funds, after such assistance was offered in your Redemption Confirmation and in the various correspondence with the applicant, and also in line with your duties of performing general administrative tasks for the Sub-funds, including the preparation of valuations,keeping of financial records and acting as Registrar and Trasfer Agent; however, such assistance was repeatedly denied;

 

6. That by virtue of a judicial letter, the applicant already notified Apex Fund Services (Malta) Ltd in its capacityas de facto Administrator on Friday, 2nd February, 2018.

 

Therefore, and in view of the above, the applicant is notifying the respondents that unless he is not provided with information on his investments, including but not limited to NAVcalculations, statements of accounts inclusive of the capital invested and the accumulated return as at the latest dealing date, and holdings, in perecentage terms, of all the investments placed in each of the Sub-funds, they will be held responsible for all the damages suffered from the date he should; have received notice of suspension thus far, and this without further notice.

 

 

 

Without prejudice to all her rights at law, the applicant calls upon the respondents to liquidate and pay all damages suffered and may be suffered by the applicant as a consequence of the actions or inactions of the respondent.

 

 

Kindly be guided accordingly

 

With interests and costs

 

 

Notification: John Patrick Bohan - 8, The Fairways, Castle Rock Midleton, Co. Cork, Ireland

 

Peter Burroughes Hughes of Giffords Hall, Griffords Lane, Wickhambrook, Newmarket, Suffolk Cb8 8PQ, United Kingdom

 

Registry of the Superior Courts today 21st February, 2018

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

353

 

By means of a decree of the 19th February 2018 in the records of the judicial letter number 396/18 in the names Advocate Dr Denia Ellul noe vs  John Patrick Bohan et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on  the respondent David Geroge Butler in terms of Article 187(3) et sequitur of Cap 12.

 

In the First Hall of the Civil Court

 

Today 5th February, 2018

 

To

 

John Patrick Bohan

 

David George Butler of Portomaso Blk 12, Apt 1291, Vjal Portomaso, Paceville, St Julians STJ 4011, Malta

 

Peter Burroughes Hughes

Paulianne Nwoko

 

By means of this present Dr Denia Ellul (ID 20491M) in her capacity as special mandatory and on behalf and in representation of Fidimed Fiduciaria S.r.l., registrered in the registry of companies in Milan Italy, with company registration number 05997910152 and having its registered address at Corso Magenta, 43, 20123, Milan, Italy, declares:

 

 

1. That the applicant has various investments held in a Bermudan Fund, Emerging Manager Platform Ltd, which is segregated into different Sub-funds of the Fund; namely, but not limited to Global Quality Selection Fund of Funds and Go Global Opportunity Fund of Funds;

 

2. That in line with the Fund’s Offering Memorandum and Sub-funds Offering Supplements (the Offering Documents) Apex Fund Services Ltd, having its registered address at 20 Reid Street, Williams House, 3rd Floor, Hamilton, HM11, Bermuda, was appointed as the Fund Administrator.  We note however, that all subscriptions, redemptions and communication with the applicant were processed and made through Apex Fund Services (Malta) Ltd (C 42646), with the latter acting as the de factoAdministrator, Registrar and Transfer Agent.

 

3. That through various letters issued by Novium AG, the Fund’s InvestmentAdvisor, the applicant has learned that ‘Global Quality Selection Fund of Funds’ and ‘Go Global Opportunity Fund of Funds’ were suspended as of the1st of February, 2016.  Nevertheless, the respondents, in their capacity of directors of the de factoAdministrator, Registrar and Trasfer Agent processing all subscriptions and redemption requests placed by theapplicant, not onlyfailed to notify the applicant of such suspension as one of their obligations under the Offering Documents but issued and sent Redemtpion Confirmations after said suspension was in force.

 

4. That notwithstanding various requests for the redemption and immediate settlement of the redeemed investments held in the above mentioned Sub-funds, followed by numerous other emails sent by the applicant to yourselves in the capacity of directors of the de facto Administrator and to Novium AG asking for information on the performance of the portofolio, the applicant was not given visibility on the status of his various investments.

 

 

5. That the applicant tried to communicate with the respondents to set a meeting in order to obtain information on the performance of the Sub-funds, after such assistance was offered in your Redemption Confirmation and in the various correspondence with the applicant, and also in line with your duties of performing general administrative tasks for the Sub-funds, including the preparation of valuations, keeping of financial records and acting as Registrar and Trasfer Agent; however, such assistance was repeatedly denied.

 

6. That by virtue of a judicial letter, the applicant already notified Apex Fund Services (Malta) Ltd in its capacity as de facto Administrator on Friday, 2nd February, 2018.

 

Therefore, and in view of the above, the applicant is notifying the respondents that unless he is not provided with information on his investments, including but not limited to NAVcalculations, statements of accounts inclusive of the capital invested and the accumulated return as at the latest dealing date, and holdings, in percentage terms, of all the investments placed in each of the Sub-funds, they will be held responsible for all the damages suffered from the date he should; have received notice of suspension thus far, and this without further notice.

 

 

 

Without prejudice to all her rights at law, the applicant calls upon the respondents to liquidate and pay all damages suffered and may be suffered by the applicant as a consequence of the actions or inactions of the respondent.

 

 

Kindly be guided accordingly

 

With interests and costs

 

 

Notification:  David George Butler, Portomaso, Blk 12, Apt 1291, Vjal Portomaso, Paceville, St Julians

 

Registry of the Superior Courts today 21st February, 2018

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

354

 

By means of a decree of the 29th January, 2018, in the records of the judicial letter number 4537/17, in the names MeDirect Bank (Malta) plc vs FashionRetailers Limited et, 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 respondents Fashion Retailers Limited, Victoria Lauri, David Lauri, Pole Position Limited, Fashion Retailers Enterprises Limited and JL & Sons Limited.

 

In the First Hall of the Civil Court

 

Today 1st December, 2017

To 1. Fashion Retailers Limited (C 36172) as principal debtor of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

2. Victoria Lauri (ID 697344M) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

3. Marcus Lauri

 

4. David Lauri (ID 164777M) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

5. Pole Position Limited (C 11751) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

6. Fashion Retailers Enterprises Limited (C 32325) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

7. J.L. & Sons Limited (C 6982) of 6, Villa Trieste, Upper Gardens, Swieqi, SWQ 3520

 

All as joint and several sureties, sureties between you and with the principal debtor Fashion Retailers Limited

 

By the present MeDirect Bank (Malta) plc (C 34125) of The Centre, Tignè Point, Tas-Sliema TPO 001, Malta formerly Mediterranean Bank plc, in which the company Mediterranean Corporate Bank Limited, formerly Volksbank Malta Limited was amalgamated, solicit you so that within two days you pay the total amount of €186,258.61 besides further interests as mentioned hereunder, representing:

 

 

€70, 741.36 capital on the Loan Account number 400590 and €4630.39 interest till the 30th October, 2017, besides further interest on the capital sum from the 31st October, 2017, till the effective payment; and

 

€110,198.58 capital on the Overdraft Account, that is General Banking Facility, number 4401789008 and €688.28 interest till the 31st October, 2017, besides further interest on the said capital sum from the 1st November, 2017, till the date of effective payment.

 

This letter is requested by law in terms of Article 2128 of the Civil Code (Cap. 16 of the Laws of Malta).

 

In default further legal action will be taken against you without further notice.

 

To avoid further court related costs, if payment of the debt cannot be made within the time stipulated above and you need more time for payment in monthly installments, you may admit your debt in favour of the Bank by means of a notarial deed. If you take this route, you are requested to inform the Bank immediately and engage a Notary.

 

So much so that you may regulate your position

 

With costs

 

Registry of the Superior Courts today 21st February, 2018

 

 Alexandra Debattista

For the Registrar, Civil Courts and Tribunals                                                                                                                                                                                                  

 

 

355

 

By means of a decree of the 14th February, 2018, of the Court of Magistrates (Malta) in the records of judicial letter number 268/18, in the names Davina Sammut Hili et noe vs DJS Trading Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5)  of Cap. 12.

 

In the Court of Magistrates (Malta)

 

Today 1st February, 2018

 

To DJS Trading Limited of The Sound House, Tower Street, Birkirkara

 

By the present Davina Sammut Hili (ID 310186M) and M’Lourdes Lautier (ID 543660M) of 15, Pjazza Emanuel S. Tonna, Floriana in their own capacity as Mayor and Executive Secretary of the Floriana Local Council for and on behalf of the same Floriana Local Council solicit you so that within two days you pay the amount of €9,440 due by you as the amount that you failed to pay to Public Broadcasting Services Limited for the programme ‘Deċeduti’ as stipulated in the contract dated 28th November 2011 where you obliged yourself to organise a New Year Event and pay the artists.

 

 

In default further judicial proceedings will be taken against you.

 

So much so that may know how to proceed and avoid more useless costs

 

With costs and interest according to law

 

Registry of the Court of Magistrates (Malta) today 21st February, 2018

 

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

 

 

 

356

 

Bann for Curators

 

Republic of Malta

 

To the Marshal of the Courts

 

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 7th day of September, 2017, following the request of Carmel Buhagiar (ID 0650952M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of the deceased Therese sive Tessie Storey in the records of the Application with number 798/2017 in the names Carmel Buhagiar (ID 0650952M) et vs Deputy Curators and in the other relative and subsequent acts.

 

By an Application, filed on the 4th day of September, 2017, in the First Hall of the Civil Court, in the names Carmel Buhagiar (ID 0650952M) et

 

vs

 

Deputy Curators to represent the unknown heirs of the deceased Therese sive Tessie Storey (and by a Decree entered on the 25th day of September, 2017, the Court appointed the Avukat Dr Christopher Chircop and the Legal Procurator Quentin Tanti and in the minute of the sitting of the 13th day of February, 2018, the Court ordered the removal of the Curators) respectfully submitted:

 

That the parties are the co-owners of the house with official property number 1, located in Sqaq il-Knisja, Ħaż-Żabbar, with all its rights and appurtenances, free and unencumbered, free from any ground rent or burden, free from any easement except those arising from its situation, free from any hypotech and privilege and from any real and personal right in favour of third parties, with free and vacant possession, including its free airspace and subsoil except for those parts where it is overlies and underlies the property of third parties;

 

That they held this property in common for more than three years;

 

… omissis …

 

Therefore, the applicants are asking this Honourable Court, saving any necessary and appropriate declaration and, for the reasons therein given, to:

 

1. Authorise the sale under the terms of the promise of sale agreement entered on the 22nd day of November, 2016, drawn up before Notary Thea Cachia or alternatively to itself set the conditions of sale;

2. Authorise the making of any public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

 

3. Fix a day, time and place for the transfer of the immovable property in terms of the promise of sale agreement or alternatively under the conditions imposed by this Honourable Court, and if necessary, any other public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

 

4. Appoint the Notary Thea Cachia to publish the relative public deed and any other public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

 

5. Appoint deputy curators, if appropriate from amongst the co-owners themselves, in order to represent those co-owners that fail to appear for the final deed.

 

With court costs against the respondents

 

Applicants: Carmel Buhagiar (ID 0650952M) et, 1, Lily House, Triq Dun Marju, Ħal Qormi

 

Services: Deputy Curators, Superior Courts, Valletta

 

Now, therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

 

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

 

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

 

Given by the abovementioned Superior Court and witnessed by The Hon. Mr Justice Anthony Ellul, LLD, Doctor of Laws.

 

Dated this 7th day of September, 2017

 

Registry of the Superior Courts

 

Today Wednesday, 21st February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals

 

 

 

357

 

Notice is hereby given that by an order of the First Hall of the Civil Court, in the records of the Application in the names Carmel Buhagiar (ID 0650952M) et vs Deputy Curators (Avukat Dr Chrisopher Chircop et), Application number 798/17 AF, this publication was ordered in terms of Article 495A of Cap. 16 of the Laws of Malta.

 

By means of an Application filed in the First Hall Civil Court, in the names Carmel Buhagiar (ID 0650952M), Jason Buhagiar (ID 0521775M), Maria Fenech (ID 0382977M), Edward Buhagiar (ID 0149381M), Christopher Buhagiar (ID 086688M), Joseph Attard (ID 0283644M) pro et noe, Joseph Psaila (ID 0400947M), Mary Psaila (ID 0776155M), Margaret Farrugia (ID 1001048M), and Paola sive Pauline Cassar (ID 0609426M)

 

vs.

 

Deputy Curators to represent the unknown heirs of the deceased Therese sive Tessie Storey (by a Decree entered on the 25th day of September, 2017, the Court appointed the Avukat Dr Christopher Chircop and the Legal Procurator Quentin Tanti and in the minute of the sitting of the 13th day of February, 2018, the Court ordered the removal of the Curators) on the 4th day of September, 2017, the applicants Carmel Buhagiar (ID 0650952M) et respectfully submitted:

 

That the parties are the co-owners of the house with official property number 1, located in Sqaq il-Knisja, Ħaż-Żabbar, with all its rights and appurtenances, free and unencumbered, free from any ground rent or burden, free from any easement except those arising from its situation, free from any hypotech and privilege and from any real and personal right in favour of third parties, with free and vacant possession, including its free airspace and subsoil except for those parts where it is overlies and underlies the property of third parties;

 

That they held this property in common for more than three years. That the community started from the date of death of Carmelo Schembri rather from the 15th day of March of the year 1940 (certificate of death herewith attached and marked as Doc. CS1);

 

That this property was originally acquired by Carmelo Schembri by means of a public deed in the records of Notary Arturo Leone Ganado dated the 7th day of July, of the year 1920, Doc. CS2;

 

That by the last will of Carmelo Schembri dated the 20th day of May, 1939, in the records of Notary Enrico Saydon (Doc. CS3) the said Carmelo Schembri revoked any previous wills he made and inter alia, bequeathed ‘the property’ by title of legacy to Giovanna spouse of Carmelo Attard, to Maria Carmela sive Karmena spouse of John Psaila, to Giuseppe Cassar and to Therese sive Tessie spouse of Harry Storey, siblings Cassar, children of Guzeppi and Giuseppa née Borg, in equal portions between them.

 

That as explained in the annexed prospectus (Doc. CS4) the applicants are all the heirs or heirs of the heirs, of Giovanna spouse of Carmelo Attard, of Maria Carmela sive Karmena spouse of John Psaila and of Giuseppe Cassar;

 

That as set out in the affidavit of the applicant Margaret Farrugia (Doc. CS5), Therese sive Tessie Storey died but the applicants do not know who her heirs are and neither do they have the means to verify this;

 

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

 

That all the applicants agreed on the sale of the aforementioned property except for the respondents;

 

That the majority of co-owners, or rather all the co-owners other than the respondents agreed to sell the abovementioned property to Silvio (ID 0276184M) and Graziella (ID 0424689M) spouses Delia for the price of €50,000;

 

That all the applicants except for the respondents along with Silvio and Graziella spouses Delia appeared on a promise of sale agreement dated the 22nd day of November, 2016 before Notary Thea Cachia wherein they declared that they are making this promise of sale agreement in terms of Article 495A of the Civil Code and which promise of sale agreement also contains the terms and conditions of sale (Doc. CS6).

 

Therefore, the applicants are asking this Honourable Court, saving any necessary and appropriate declaration and, for the reasons therein given, to:

 

1. Authorise the sale under the terms of the promise of sale agreement entered on the 22nd day of November, 2016 drawn up before Notary Thea Cachia or alternatively to itself set the conditions of sale;

 

2. Authorise the making of any public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

3. Fix a day, time and place for the transfer of the immovable property in terms of the promise of sale agreement or alternatively under the conditions imposed by this Honourable Court, and if necessary, any other public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

 

4. Appoint the Notary Thea Cachia to publish the relative public deed and any other public deeds and/or declarations and/or acts accessory to the final deed of sale and transfer, which may be necessary in order for the final deed of sale and transfer to be published and enrolled;

 

5. Appoint deputy curators, if appropriate from amongst the co-owners themselves, in order to represent those co-owners that fail to appear for the final deed.

 

With court costs against the respondents

 

List of Documents:

 

Doc. CS1 – Certificate of death of Carmelo Schembri;

Doc. CS2 – Contract in the records of Notary Arturo Leone Ganado dated the 7th day of July, 1920;

Doc. CS3 – Will dated the 20th day of May, 1939, in the records of Notary Enrico Saydon;

Doc. CS4 – Prospectus;

Doc. CS5 – Affidavit of the applicant Margaret Farrugia;

Doc. CS6 – Promise of Sale agreement dated the 22nd day of November, 2016, drawn up by Notary Thea Cachia;

Doc. CS7 – Power of Attorney dated the 4th day of April, 2017, by virtue of which the absent Emanuel Attard authorized the applicant Joseph Attard to represent him in the present procedures and to appear on his behalf on the final deed of sale and transfer merits of the present procedures;

Doc. CS8 – Affidavit of the applicant Joseph Psaila;

Doc. CS9 – Affidavit of the applicant Mary Psaila;

Doc. CS10 – Affidavit of the applicant Carmel Buhagiar;

Doc. CS11 – Affidavit of the applicant Jason Buhagiar;

Doc. CS12 – Affidavit of the applicant Maria Fenech;

Doc. CS13 – Affidavit of the applicant Edward Buhagiar;

Doc. CS14 – Affidavit of the applicant Christopher Buhagiar;

Doc. CS15 – Affidavit of the applicant Joseph Attard.

 

List of Witnesses:

 

1. The applicants for confirmation of the facts declared and to elaborate on them;

2. The respondents in deposition;

3. Notaries that published the contracts attached with the present Application and Keepers of the acts of Notaries deceased or not exercising their office in Malta, to testify on the contents of the said contracts and on other facts relating to the case;

4. Notary Thea Cachia to testify on the contents of the Promise of Sale Agreement dated the 22nd day of November, 2016, and to testify on related facts;

5. Commissioner of Inland Revenue to give evidence on the registration of the same promise of sale agreement;

6. Silvio and Graziella spouses Delia to testify about facts relating to the case;

7. The Notary to Government and representatives of the Notarial Archives to exhibit any act that might be necessary and relevant to the present case;

8. Representatives of government departments and other authorities and entities/bodies to exhibit any act that might be necessary and relevant to the present case;

9. Other persons whose names are unknown to testify about facts relating to the case.

 

Applicants:

 

Carmel Buhagiar (ID 0650952M), 1, Lily House, Triq Dun Marju, Ħal Qormi;

Jason Buhagiar (ID 0521775M), ‘Anfora’, Triq Bieb is-Sultan, Ħaż-Żabbar;

Maria Fenech (ID 0382977M), ‘Holy Mary’, Sqaq Ganton, Ħaż-Żabbar;

Edward Buhagiar (ID 0149381M), ‘Nest of Love’, Triq Ħadd in-Nies, Ħaż-Żabbar;

Christopher Buhagiar (ID 086688M), 1, Lily House, Triq Dun Marju, Ħal Qormi;

Joseph Attard (ID 0283644M) pro et noe, 48, Triq il-Kbira, Ħaż-Żabbar;

Joseph Psaila (ID 0400947M), 174, Triq Alessi Erardi, Ħaż-Żabbar;

Mary Psaila (ID 0776155M), 47, ‘Antjohn’ Triq il-Kromb, Ħ’Attard;

Margaret Farrugia (ID 1001048M), 58, ‘Marton’, Triq il-Magħsar, Ħaż-Żabbar;

Paola sive Pauline Cassar (ID 0609426M), 38, ‘Thank God’, Triq ta’ Xlejli, Gudja.

 

The Application in the names Carmel Buhagiar (ID 0650952M) et vs Deputy Curators (Avukat Dr Chrisopher Chircop et) was deferred for hearing to the 10th day of April, 2018 at 9.30 a.m.

 

Registry of the Superior Courts

 

Today Wednesday, 21st February, 2018

 

Adv. Dr Frank-Luke M. Attard Camilleri, LLD

For the Registrar, Civil Courts and Tribunals