Issue link: https://maltatoday.uberflip.com/i/899902
45 maltatoday SUNDAY 12 NOVEMBER 2017 agreement of the 1st June, 2016, Document 'V' Renewal and amendment of the preliminary agreement of the 30th August, 2016, Document 'W' Government Gazzette regarding to the renumbering of the properties in question. Document 'X' A plan which shows how they were at the moment of the preliminary agreement, Document 'Y' Report of Architect AIC George Farrugia. Witnesses: All the interpellants to confirm the facts known to them personally as well as a certain Terry to confirm the powers of attorney given to him and to confirm the arrangements he made with the sellers and commu- nications he made by the respondents, The respondents as witnesses of the interpellants and the relative cross-examinations, Architect George Farrugia to confirm the valuation made by him, Notary George Spiteri Debono and Notary David Joseph Borg to confirm the searches regarding the title of the properties to be sold, Representative Director General of the Inland Revenue and Com- missioner of Inland Revenue to confirm the registra- tion of the preliminary agreement and relative renewal, RepresentativeIrrecs Limited to explain the works involved in the properties meerit of the cause. Plaintiffs: George Camilleri et, Triq al Dg ejf, Naxxar. Defendants: Adv … P. L. … The Sworn Application in the names Camilleri George et vs Ellis Avv. Joseph et noe, Application number 372/17 TA, has been deferred for hearing to the 14th July 2017, at 10.00 a.m. Registry of the Superior Courts, today 11th July, 2017 ADV. Frank Portelli, LLD For the Registrar, Civil Courts and Tribunals. 1321 By means of a decree given, by the First Hall Civil Court, on the 14th July, 2017, in the records of the Sworn Application, in the names Camilleri George et vs Adv. Dr Mark Mifsud Cutajar et, Application number 373/17TA, the folowing publication was ordered for the purposes of Article 495A of Cap. 16 of the Laws of Malta. By means of a Sworn Applica- tion, filed in the First Hall Civil Court, in the names 1) George Camilleri (408055M); 2) Paul Abela (404464M); 3) Nazzareno Abela (17073M); 4) Carmelo Schembri (662232M); 5) Dolores Sammut (381131M); 6) Caterina Zammit (38637M); 7) Mary Jane Cutajar (534951M); 8) Jane Bonnici (680852M); 9) Rosaria sive Rose Caruana (225354M); 10) Maria Dolores sive Doreen Micallef (151175M); 11) Saviour sive Silvio Schembri (258658M); 12) Carmen Sommerville (247540M); 13) Joseph Vella (870544M); 14) Ludgardo sive Edgar Vella (1074347M); 15) Mary Azzopardi (1000850M); 16) Victor Vella (314655M); 17) Raymond Vella (119461M); 18) Josephine Gauci (756045M); 19) Alfred Camilleri (463451M); 20) Carmel Abela (324966M); 21) Venera sive Rini Scicluna (67859M); 22) Margaret Camilleri (623263M); 23) Maria Camilleri (618663M) as curator of the incapacitated Alan Camilleri (228689M); 24)Terezino Sammut (160552M) who is appearing in the name and in representation of the absent Rita Lea iesker (License of the State of California K 0412691), Dorothy Anne Crume (License of the State of Colorado 06-017-0663), Patrick Roland Little (License of th State of California N 6747078), Pauline V. Molder (California Senior Citizen Identifica- tion Card DS430727), Michelle Lee Chetcuti Steely (License of the State of California D 7920802), Anna Marie Rose Briffa (License of the State of California N 7716399), Mary Elizabeth Byrd (License of the State of Mississippi 800568032), Susan Ann Chetcuti (License of the State of California C 4082095), Angelo Frederick John Chetcuti (License of the State ofCalifornia C 6618776), Michael John Chetcuti (License of the State of California A 5718367), Joanne Carmen Troche (License of the State of California number N 6840221), Donna Marie Caton (License of the State of California C 5522580), Katerine Mary Agius (License of the State of California number C6933921), John Joseph Micallef License of the State of California number N 9741187), Alfred John Fenech (License of the State of Iowa number 659WW1156), Josephine Margaret Gallo (License of the State of California F 0809257), Carmela Victori Boschetti (License of the California M 0128717), Kenneth Allen Tassef (License of the State of California N 7157226), Stacey Lorraine Gibbons (License of the State of California N 9735567) and Jennifer Lea Tassef (License of the State of California Number N 8576661), Carmela Anderson (License of the State of California (F 0794078), Rose Marie Frances Lewis (License of the State of California D 0-939852), Albert John Coster (License of the State of Caliofornia number J0399131), Joseph Edward Coster (American Passport number 551161452) and in the name of John Francis Fenech Family Trust, duly authorised; 25) Maria Valerie Zammit (323258M); and 26) Angela Borg (534656M) vs Advocate Dr Mark A. Mifsud Cutajar and Legal Procurator Nadine Farrugia as Deputy Curators appointed in virtue of a decree of the 16th May 2017, to represent the absent Dennis Debono, Joe Debono, Rose Pirotta, Paul Azzopardi, Jane van Zant, Victoria sive Vicky Borg, Paul Portelli, John Portelli, Frank Jr. Portelli, Janey Portelli, Norrine Portelli, Vincent Borg and Thomas J. Coster (American Passport number 488739580) Connie Hughes and Sherry Hughes and Tammy Maxon for any interest they may have together with the unknown heirs of Joseph Borg Jr and Joseph Azzopardi, the applicant George Camilleri (408055M) et respectfully pleaed and confirmed by oath that he personally knows, That the applicants together with the respondents are the owners of the premises with number six (6) sometimes known as three (3) previously number twenty nine (29) in Alley number four (4) Triq Castro, Naxxar;That in all the applicants are the owners of 73.92% (4657/6300) undivided share of the said premises; That the respondents are together owners of 25.72% (463/1800) undivided share of the premises with number six (6) sometimes known with number three (3) previously number twenty nine (29) Alley number four (4) Triq Castro, Naxxar; That originally the property above mentioned belonged to Salvatore Stivala and his wife Rosa Stivala née Calafato, who on their part had transferred the premises with number six (6) sometimes number three (3) previ- ously number twenty nine (29) in Alley number four (4) in Triq Castro, Naxxar, to their daughter Maria Stivala , by a contract of the 12th November, 1870, in the records of Notary Giuseppe Pellegrini Petit; That Maria Fenech née Stivala died intestate and a widow on the 10th January, 1931, and thus she was inherited by law by her five children Salvatore, Carmelo, Joseph, Giovanni and Rose Camilleri siblings Fenech. The husband of the said Maria Fenech, Francesco Fenech, had died intestate before her on the 30 th April 1924 and thus his share from the property that Maria Fenech acquired by title of sale as above explained was inherited according to law by his children; That all the parties are the successors in title of Maria Fenech née Stivala and her husband Francesco Fenech and this as results from the family trees annexed with this cause; That the respondents Dennis Debono, Joe Debono, Rose Pirotta, Paul Azzopardi, Jane van Zant, Victoria sive Vicky Borg, Paul Portelli, John Portelli, Frank Jr Portelli, Janey Portelli, Norrine Portelli,Vincent Borg and Thomas J. Coster (American Passport number 488739580) Connie Hughes and Sherry Hughes and Tammy Maxon for any interest they may have, together with the unknown heirs of Joseph Borg Jr and Joseph Azzopardi are not cooperating with the said sale because the share due to them from the proceeds of the sale is very small and it does not appear that they are interested to involve themselves in this transfer even because they are absent from the Maltese Islands and they are peremanently resident in America; That by means of a preliminary agree- ment dated 4th December, 2014, as extended and amended by writings of the 1st June, 2016, and 30th December, 2016, duly registered with the Department of inland Revenue, the applicants bound themselves to sell in favour of third parties the immovables above mentioned together with the site of houses with number five (5) sometimes known with number two (2) previously number twenty eight (28) Alley number four (4), Triq Castro, Naxxar, which in the past had another door with number fifty nine (59) previously number thirty (30) in Triq Castro, Naxxar, towards the global price of 295,000; That this price is just even as confirmed by a report drawn up by Architect AIC George Farrugia; That for the purposes of apportionment of the price, the applicants and purchasers agreed that the price for the property with number six (6) sometimes with number three (3) previously with number twenty nine (29) in Alley Number four (4), Triq Castro, Naxxar, should be one hundred fifty thousand euro ( 150,000)whilst that for the other properties indicated with number five (5) previously number twenty eight (28) Alley Number four (4), Triq Castro, Naxxar, and with number fifty nine (59) previously number thirty (30), Triq Castro, Naxxar, should be of one hundred forty five thousand euro ( 145.000); That the respondents refused without valid reason to agree with the applicants so that the immovable above described be sold towards the price and the other conditions of the preliminary agreement above mentioned; That the applicants made various attempts to solve this dispute amicably but the respondents continued to refuse that the sale be made without any valid reason at law; That for all intents and purposes of law and according to Article 495A of the Civil Code, the applicants are attaching i) their declaration that they agree that this sale be made in terms of the said preliminary agreements; and ii) a prospect which shows the number and value of the shares each one has; That the respondents shall not be prejudiced if this Court authorises the sale of the premises above mentioned towards the price and conditions stiplated in the preliminary agreement above mentioned. Thus, for the reasons premised and saving any other declaration which results to be necessary the applicants respectfully pray that this Court: i) authorise the sale of the property with number six (6) sometimes known as number three (3) previously with number twenty nine (29), Alley number four (4), Triq Castro, Naxxar, for the price, pacts and all the other conditions stipulated in the preliminary agreement dated 4th December, 2014, as amended and extended by writings dated 1st June, 2016, and 30th August, 2016, as better agreed between the plaintiffs and third parties;ii) establish the time, day and place when and where the transfer is to be made; iii) to appoint Notary David Joseph Borg to publish the relative deed of sale; iv) appoint deputy curators in case the respondents or either of them fail to appear before the said Notary for the publication of the contract of sale so authorised. With costs, against the respondents sumoned so a reference to their evidence be made. Documents: Document 'A' Contract of the 12 th November, 1870, in the records of Notary Giuseppe Pellegrini Petit; Document 'B'Searches Public Wills of Maria Fenech née Stivala; Document 'C' Searches Secret Wills of Maria Fenech née Stivala; Document 'D' Death Certificate of Maria Fenech née Stivala; Docment 'E' Certificate of Death of Francesco Fenech; Document 'F'Searches Secret Wills of Francesco Fenech; Document 'G' Searches Public Wills of Francesco Fenech; Document 'HI1-H6' Family trees of Family Stivala; Document 'I' Preliminary Agreement of the 4th December, 2014; Document 'J' Renewal of the preliminary agree- ment of the 1st June, 2016; Document 'K' Renewal and amendment of the preliminary agreement of the 30th August, 2016; Document 'L' Government Gazette relating to the numbering of the property in question; Document 'M' A plan which shows how the premises were at the moment of the preliminary agreement; Document 'N' Report of Architect AIC George Farrugia. Witnesses: All the applicants to confirm the facts known to them personally as well as a certain Terry to confirm the powers of attorney given to him and to confirm the arrangements made with the sellers and communications made with the respondents. The respondents as witnesses of the applicants and relative cross-examinations. Architect George Farrugia to confirm the valutation made by him. Notary George Spiteri Debono and Notary David Joseph Borg to confirm the searches regarding the title of the properties being sold. Representative of the Director General forRevenue or Commissioner for Inland Revenue to confirm the registration of the preliminary agreement and the relative renewal. Representative Irrecs Limited to explain the works involved in the properties merit of the cause. Plaintiffs: George Camilleri et, Triq al Dg ejf, Naxxar Defendants: Adv. … PL … The Sworn Application in the names Camilleri George et vs adv. Dr Mark Mifsud Cutajar et, Application number 373/17TA, has been deferred for hearing to the 17th October, 2017, at 11.00 a.m. Registry of the Superior Courts, today 1st September, 2017 Adv. Frank Portelli, LLD For the Registrar, Civil Courts and Tribunals