Issue link: https://maltatoday.uberflip.com/i/1421642
maltatoday | SUNDAY • 24 OCTOBER 2021 10 NEWS COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta. Date Time Judicial Sale No Property 02 nd November, 2021 11.30am 22/17 – AZ Suban Theresa (ID295040M) Vs Schembri Mario (ID52660M) et Field known as 'Ta Buqana', limits of Rabat valued in an agricultural zone outside the development zone, with a total approximate of 2414 metre square, with access from countryside alley from a principal road; Triq Bubana. The field is longitudinal shaped with breadth of approxiamate 26.9 metre and length of approxiamate 98.5 metre with a lease of €4.66 per year and valued €22,100. 04 th November, 2021 10.30am 18/20 – EGL Giovanna sive Jane Vassallo (ID180443M) Vs Micallef Carmelo (ID826339M) The urban tenement number 56 previously 71, Triq Hal Bajjada, Rabat, Malta, consisting of house that overlooks an internal large common yard, shared with third parties, with unknown boundaries and valued at €280,000. 04 th November, 2021 11.00am 77/16 – JGL Auto Sales Limited (C491) Vs Portelli Pauline (ID42180M) Property named 'Redentur', in Sqaq il- Ġerrejja, limits of Triq is-Serkin, Marsa, free and unencumbered valued at €240,000. 04 th November, 2021 11.30am 3/21 – JGL Muscat Ryan (ID539691M) et Vs Attard Mario (ID137376M) The tenement 124 previously number 37, in Paris Street, Zebbug, Malta, free and unencumbered from ground rents and burdens, with all its rights and appurtenances, and valued at €150,000. 04 th November, 2021 12.00pm 9/20 – AZ Seabank Hotel and Catering Limited (C40319) Vs Portelli Joseph Mary (ID536861M) et Two garages internally numbered 5 and 6 on the second level (upper basement) forming part of a building of basement garages with car access entrance from Triq il-Merluzz and exit from Triq it-Turisti in Qawra, San Pawl il-Bahar. The usage of these two garages was changed as garages were connected with another two immovable properties next to garage number 6, previously also garages, numbered 7 and 8. This underground space which previously was occupied by a total of four garages changed to a kitchen and an office. Vertical connections were made in the space previously garage number 6 with the overlying property; 'Da Michele' cafeteria, situated in Triq il-Maskli corner with Triq it-Turisti, San Pawl il-Bahar. These connections consists of an internal staircase and also a hoist (lift) for uploading and unloading food and objects related to the kitchen underlying the cafeteria. The tenement which was garage number 5 has a basement common driveway, with in perpetual and uninterrupted access from a drive in which provides access, and which garages are without airspace and without their sub terrain, subject and enjoys the servitudes resulting from their position, with the right of perpetual and uninterrupted use and with access with vehicle and on foot of the common areas and services of the garage complex and valued at €105,000. 09 th November, 2021 10.30am 14/17 – EGL Dr Edward DeBono noe Vs Hili Paul (ID501758M) et Villa named 'Is-Sienja' formely named "Casa Sant Manduca" without official number in Triq Ras il-Wardija formerly known as Triq San Gorg in Wardija, limits of San Pawl il- Baħar together with the adjacent lands which form an integral part of it with approxiamate measurement of 15,800 sqm. The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at €13,600,000. 09 th November, 2021 11.00am 23/18– JGL Dr Edward DeBono noe Vs Borg Jean Pierre sive Jean (ID473467M) A) Cave measuring approximately 29.41m2, accessible from a common pathway leading in Triq San Gakbu and bounded to the west southwest by the common pathway, to the northwest by property herein described - indicated as property A in the architect report and the attached photos, exempt from any ground rents and any other burdens B) Portion of agriculture land, The said flat and garage are subjects to and enjoy servitudes resulting from their position the rest free and encumbered with all its rights and appurtenances. 18 th November, 2021 11.00am 39/18EGL HSBC Bank Malta p.l.c. (C3177) Vs Curmi Martin (ID559564M) Temporary utile dominium of the terraced house, officially numbered 68 built on a portion divided of land plot number 439 in Triq Dun Amabile Sisner, Pembroke, as subject to annual and perpetual ground rent of €121.13 per year. The ground rent ending the twenty-fifth year period from the 6th March, 1988 is revisible every twenty-five years and will be increased by 15% of annual ground rent as described in the public contract in the acts of Notary Anthony Grech Trapani dated 17th November, 1999, by which the said property was acquired from the Housing Authority, valued at €728,875. 18 th November, 2021 12.00pm 21/20 – AZ Muscat Maria (ID110530M) Vs Muscat Bastjan (ID935449M) et The tenement with two doors numbered 31 and 33 in tletin Triq San Bastjan, Ħal Qormi with direct access from the street valued at €285,000. 23 rd November, 2021 10.30am 50/18 – AZ Cauchi Lawrence (ID527658M) et Vs Spiteri Patrick Dr (ID43465M) et The unnumbered property known as 'Palazzo Gherxija' together with three portions of land known as 'Ta Giar' or 'Ta Gherixija' in the district known as 'Ta' Wied Qannotta', limits of St. Paul's Bay, which land comprises of a plot of land measuring approximately of 1597m² consisting of 4 adjoining fields containing an unnumbered farmhouse and a chapel dedicated to the Nativity of the Blessed Virgin Mary, a plot of land measuring approximately of 4604m² situated between 'Ta Gherixija' land and 'Wied Qannotta' consisting of three adjoining fields and a plot of land measuring approximately of 18,527m² to the south of 'Wied Qannotta', consisting of three adjoining fields and subject to a pious burdens in perpetual of €22.85 equivalent to Lm9.80,8 and valued at €7,500,000. 23 rd November, 2021 11.00am 49/13 – AZ HSBC Bank Malta p.l.c. (C3177) Vs Risea Ltd (C30901) Shop officially numbered 720 in Triq il- Kbira, Ħamrun with entrance on groundfloor level, without airspace, underlying third parties property, with a common rainwater and drainage system with the overlying property and is subject to servitudes resulting from its relative position. The property is subject to an annual and perpetual ground rent of €465.87 and valued at €255,000. Tenement officially numbered 721 in Triq il- Kbira, Ħamrun situated on the right side of the shop officially numbered 720, with entrance from groundfloor level, without airspace and courtyard at the back, underlying third party property, with a common rainwater and drainage system and is subject to servitudes resulting from its relative position, free and unencumbered from any burdens, valued at €132,000. 23 rd November, 2021 11.30am 32/16 – JGL Bank of Valletta p.l.c. (C2833) Vs Merger Enterprises Limited (C7066) Unnumbered garage named 'Elia' in Cannon Road, Qormi other times referred to as Santa Venera. The said garage is bounded on East by Cannon Road, North by property of Emanuel Galea and on the south by property of Carmelo Dingli or his successors in title and subject to annual and sub perpetual ground rent of €41.05 payable directly to the subdirectors, payable annually in advance, free and unencumbered with all its right and appurtenances, tale quale and with vacant possession valued at €235,000. Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals measuring approximately 963.02m², accessible from a main gate situated in Triq San Gakbu, bounded on the north by property of Baron Salvatore Testaferrata Moroni Viani or his successors in title, south by property of Carmelo Scicluna or his successors in title and west by property herein described and marked as property E. This land along with other land, enjoys water reservoirs and water springs and is exempt any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. F) Cave in the vicinities being used as a storage, part of which is underlying property of Carmelo Scicluna or his successors in title, approximately measuring 24.76m² accessible from a main gate situated in Triq ta' San Gakbu, bounded on the north by a common path, and the other compass points by property of Carmelo Scicluna or his successors in title – marked as property F, and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. G) Portion of land currently is being used as a terrace, known as "Il-Mandra" in the same vicinities and surroundings, consolidated with rooms H, O, P, U and Z to form one property. Accessible from the main gate situated in Triq San Gakbu, bounded on the south by common path, west by property herein described and east by property of the heir of Carmelo Scicluna - marked as property G with land measuring superficially approximately 18.735m² exempt from burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. H) Room in the same vicinities and surroundings adjoined by rooms G, O, P, U and Z to form one property accessible from the main gate situated in Triq ta' San Gakbu and bounded on the north by property of Giuseppe Muscat or his successors in title, south by a common pathway, and west by property herein described - indicated as property H, exempt from any burdens as well as ground rents that may burden the property situated in an Outside Development Zone, free and unencumbered, with all its rights and appurtenances. I) Portion of agricultural land which currently is being worked by John Gauci, known as "Ir-Roqa t'Isfel" sive "Il-Maħsel", approximately measuring 2682.18m², accessible from the main gate situated in Triq San Ġakbu bounded on the north by property of Baron Salvatore Testaferrata Moroni Viani or his successors in title, east by property of family Bugeja and at times referred to bounded by a sies,and west by property of Carmelo Scicluna or his successors in title – indicated as property I. The land is subject of passageway and water canals with other lands, enjoys water reservoirs and water springs and is exempt from any burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone. J) Rooms contiguous and adjacent to one another currently used as store, having their entrance facing south, together with the other land annexed and forming integral part of the same, situated on the back of the said rooms, approximately measuring 15.37m², accessible from the main gate situated in Triq San Ġakbu, bounded on the west by a room property of Pawlina Muscat, south by passageway and east by property -herein described indicated as property J, and is exempt from burdens as well as ground rents which the said property is subject to and is situated in an Outside Development Zone. K) Portion of agriculture land currently is being worked by John Gauci, known as "Il-Larinġ il-Qares" together with two caves a naturally water spring situated on the said land, measuring approximately 1425.28m², and the caves measuring approximately 20.71m² accessible from the main gate in Triq San Ġakbu, which land is and with access with vehicle and on foot of the common areas and services of the garage complex and valued at €105,000. 09 th November, 2021 10.30am 14/17 – EGL Dr Edward DeBono noe Vs Hili Paul (ID501758M) et Villa named 'Is-Sienja' formely named "Casa Sant Manduca" without official number in Triq Ras il-Wardija formerly known as Triq San Gorg in Wardija, limits of San Pawl il- Baħar together with the adjacent lands which form an integral part of it with approxiamate measurement of 15,800 sqm. The said villa and the adjacent lands are bounded by North with the said street and on the South and West by property of John Dei Conti Sant Manduca or his successors in title, which property is free and unencumbered, with all its rights and enjoyments, valued at €13,600,000. 09 th November, 2021 11.00am 23/18– JGL Dr Edward DeBono noe Vs Borg Jean Pierre sive Jean (ID473467M) A) Cave measuring approximately 29.41m2, accessible from a common pathway leading in Triq San Gakbu and bounded to the west southwest by the common pathway, to the northwest by property herein described - indicated as property A in the architect report and the attached photos, exempt from any ground rents and any other burdens B) Portion of agriculture land, currently being worked by John Gauci, known as "Tal-Laring", measuring approximately 774.28m², accessible from a main gate situated in Triq San Gakbu, bounded on the south and in part also on the west by property of Carmelo Scicluna or his successors in title, in part on the west with a common path, and on the east by property herein described - indicated as property B. This land along with other lands, enjoys reservoirs and water springs and it is exempt from any burdens as well as ground rents which the said property is subject to and is situated in Outside Development Zone, free and unencumbered, with all its rights and appurtenances. C) Portion of agriculture land as subjected to a right of pathway and of water canals, which currently is being worked by MATTHEW AGIUS A court has awarded moral damages for court delays to a Russian businessman who chal- lenged Malta's rejection of his citizenship application under the IIP scheme. Yury Sergeevich Danilov, 46, from Moscow, had filed a case against the State Advo- cate, claiming that the gov- ernment's outright refusal to grant him Maltese citizenship under the IIP scheme, without giving him the opportunity to address any issues with his application, breached of the principles of natural justice. Danilov told the court that that he had applied for Mal- tese citizenship through an approved agent – Nexia BT International Ltd. He claimed that he had sub- mitted all the necessary doc- umentation along with his application for citizenship for himself, his wife and his daughter, including a state- ment declaring where his funds were being sourced. He had presented evidence to the court showing that he was personally worth almost €2.7 million. He also said he had paid the €17,500 in fees, €10,000 in de- posits and committed himself to paying a further €700,000 in contributions, apart from signing a lease agreement for a Mellieħa maisonette and mov- ing to Malta with his wife and daughter. In August 2015, the plaintiff received a letter of rejection from the IIP agency, with no information as to the reasons for this refusal. Danilov sued Malta's gov- ernment in February 2016, claiming a breach of his right to a fair hearing within a rea- sonable time, after 14 sittings in that case were held when in fact all he needed was three. "This delay is a direct result of the obstacles created by wit- nesses who have a direct inter- est with the defendant in the case, Identity Malta," said the court. "That proceedings are con- cluded within a reasonable time is one of the important procedural guarantees of fun- damental rights enshrined in Article 6 of the convention and article 39 of the Constitution," said Mr. Justice Toni Abela in his judgment, highlighting the fact that the complexity of the case alone does not make de- lays reasonable and quoting judgments of the European Court of Human Rights in sup- port of this. That same European court had emphasised on several oc- casions that domestic courts cannot remain indifferent to abuses of procedural rights by the parties and persistent de- lays in proceedings, said the judge. "The attitude of the parties does not exonerate the Courts from their duty to en- sure a fair hearing in a reason- able time…" The applicant had filed an appeal from the decision of the first court in July 2020 but this had not been given a start date, due to the filing of the consti- tutional case. Moreover, there was no clear end to the proceedings in sight, despite the fact that civil proceedings have been ongoing for five years and six months, said the court. The judge pointed out that First Hall of the Civil Court had taken four years and 4 months just to determine two preliminary pleas. "This court understands that sometimes our courts permit certain delays because they want to give parties as much time as possible to present their case. However with the abundant caution taken... they are risking breaching the other principle of fair hearing within a reasonable time." The judge noted that the fact that this was the first case of its type meant that it was ex- pected to take longer than usual to be concluded. "Truly the complexity alone of the case doesn't lead to every de- lay being deemed reasonable," said Abela, pointing out that it was always incumbent on the national authorities to ensure that proceedings are laid out diligently. The court observed that a first minister supposed to testify, had not been notified correctly and a four-month period was given to rectify this mistake. Further pointless de- lays were incurred in the evi- dence stage and the first court failed to keep its own deadline for Identity Malta's evidence, giving the defendant another 13 months to present its eve evidence. Upholding the complaint, the judge ruled: "It cannot be said therefore that the court was in conformity with the constitu- tional and conventional requi- sites to ensure a fair hearing in a reasonable time." The delay was deemed unreasonable. Mr. Justice Abela observed that so far, Malta had no legal framework establishing or reg- ulating effective remedies for breaches of this right. For this purpose, the court also said it was taking into consideration "the moments of passivity" of the applicant. The sum of €4,000 was awarded to Danilov by the court. Lawyer Cedric Mifsud appeared for the plaintiff. Judge awards €4,000 in damages for court delays, to Russian IIP applicant who was refused Malta passport Russian denied golden passport gets €4,000 over court delays