Court Notices published in Govt. Gazette No. 19,964 of 16th March 2018

AUCTION number 9/2017

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 6th of March, 2018, in judicial sale number 9/2017 in “APS Bank Limited vs Joseph Spiteri et”, Monday, 16th April, 2018, at 10.00 a.m., has been scheduled for the Sale by Auction, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:

1. Maisonette number 6, Olive Gardens, Triq Sruġ, Xagħra, Gozo; valued €208,000.

2. Apartments number 18, 22 u 23 forming part of a complex of buildings named Olive Gardens, Triq Sruġ, Xagħra, Gozo, the said complex of buildings is bounded in its entirety on the West by the said Triq Sruġ, on the North by property belonging to the successors in title of the Limited Liability Bailiff Properties Limited, on the East by property of the Malteses Goverment and on the South by a passage or other varying bounderies; valued €55,000 (appartment number 18), and €238,000 (apartament number 22 and 23).

This property pertains to Joseph Spiteri, company director, son of Francis and of the late Carmen née Zammit, born in Tal-Pietà, Malta, identity card number 303259M and his wife Maria Genesia sive Marnese Spiteri, daughter of Joseph Camilleri and Antonia née Buttigieg, born in Xagħra, Gozo, identity card number 45860G, and both residing at Xagħra, Gozo, and this as declared in the acts of the auction mentioned above. The said property will be sold as described in the report sworn to by AIC David Cilia on the 18th of September, 2017.

Superior Jurisdiction, General Section

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Issam Hamd (ID 22460A) filed an application under oath (No. 56/18RGM) demanding Corrections in the Act of Birth of the minor child minor child Martina Camilleri number 6219/2017 respectively in the Public Registry. 

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

KAREN FALZON 

For Registrar, Civil Courts and Tribunals

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 6th day of March, 2018, following the request of Adv. Peter Fenech noe as special mandatary of the foreign company Asics Corporation, it was ordered that deputy curators be appointed to represent the absent consignatory Sarl Ninwi Import Export in the records of the Sworn Application number 212/2018 MCH in the names Adv. Peter Fenech noe vs Deputy Curators and in the other relative and subsequent acts.

By a Sworn Application, filed on the 5th day of March, 2018 in the First Hall of the Civil Court, in the names Av Peter Fenech noe as special mandatary of the foreign company Asics Corporation

vs

Deputy Curators to represent the absent consignatory Sarl Ninwi Import Export, Adv. Peter Fenech noe asked this Honourable Court to:

1. Declare that the objects listed in the Sworn Application i.e. pairs of shoes, presently under the custody of the Controller of Customs, are counterfeit and violate the intellectual property rights of the applicant company ASICS Corporation, if necessary by the appointment of experts appointed for this purpose;

2. Order the Controller of Customs to dispose of and/or destroy the said objects;

3. Consequently, provide for as demanded with respect to all the expenses involved.

With court costs against the respondents as of now summoned so that a reference to their oath be made.

Applicant: Adv. Peter Fenech noe, 36, Triq l-Arċisqof, Valletta

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. Madam Justice Lorraine Schembri Orland, LLD, Doctor of Laws.

Dated this 6th day of March, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 8th day of March, 2018, in the records of the Sworn Application in the names Bank of Valletta plc (C 2833) vs Aldo Magro (ID 39175M) et, Sworn Application number 26/2018 JPG, it was ordered that service upon Aldo Magro (ID 39175M) and Stacy Magro (ID 9780A) 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 Bank of Valletta plc (C 2833) vs Aldo Magro (ID 39175M) et on the 9th day of January, 2018, the applicant company Bank of Valletta plc (C 2833) asked this Honourable Court to:

1. Declare and hold that there occurred one or more of the events mentioned in the contract cited in the Sworn Application particularly but not exclusively, whereas Aldo and Stacy spouses Magro (i) failed to make the payments due to the applicant company as provided in the said contract; (ii) failed in other obligations assumed by them in the same aforementioned contract, and/or, (iii) there is a material change in the circumstances of the said Aldo and Stacy spouses Magro that jeopardise or adversely affect the possibility of repayment of the said debt to the applicant company;

2. Consequently, order Aldo and Stacy spouses Magro to jointly and in solidum pay to the applicant company the sum of €182,919.80 balance for the debt in the Loan Accounts of Aldo and Stacy spouses Magro with Bank of Valletta plc together with further interest from the 7th day of December, 2017, until the date of actual payment. 

With court costs as demanded against the defendants as of now summoned so that a reference to their oath be made.

Applicant: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta

Defendants: Aldo Magro (ID 39175M) et, 6, Rose Dale Place, Triq il-Kbira, Mosta

The Sworn Application in the names Bank of Valletta plc (C 2833) vs Aldo Magro (ID 39175M) et was deferred for hearing to the 14th day of May, 2018, at 9.30 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree delivered by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, on the 14th of March, 2018, in judicial sale number 34/2014 in ‘Claudio Cassar vs Martin Portelli’, Monday, 30th of April, 2018, at 10.00 a.m. has been scheduled for the Sale by Auction, to be held at the Gozo Court’s edifice in Cathedral Square, Victoria, Gozo, of the following property:

1. Terraced house numbered eighteen (18) with the name ‘Beverly Hills’, Triq il-Ħaddiema, Birżebbuġa, Malta, together with the underlying garage numbered twenty (20) in Triq il-Ħaddiema, Birżebbuġa, Malta, the mentioned terraced house and garage are subject to an annual and perpetual ground rent of nine Maltese liri (Lm9) equivalent to twenty euro and ninty-seven cents (€20.97), valued €155,000 (property number 18) and €46,000 (garage number 20). 

This property pertains to Martin Portelli, heavy plant technician, son of Louis and Carmela née Gauci, born in Tal-Pietà, Malta, on the 4th of June 1955 and residing in Birzebbugia, Malta, identity card number 432055M, and this as declared in the acts of the auction mentioned above. The said property will be sold as described in the report sworn to by AIC Richard Aquilina on the 12th of September, 2016.

Superior Jurisdiction, General Section, 

DANIEL SACCO

For the Registrar, Gozo Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Khaled Alshlaam Almrabea (ID 0167317L) filed an application under oath (No. 227/2018/LSO) demanding Correction in the Act of Birth number 1673/2017 in the Public Registry.

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

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 Application in the names Lombard Bank Malta plc (C 1607) vs Power Point Limited et, Application number 296/2010 JRM, it was ordered that service upon Joseph Mizzi (ID 671262M) and JJ Limited 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, in the names Lombard Bank Malta plc (C 1607) vs Power Point Limited et on the 13th day of November, 2017, the applicant company Bank of Valletta plc (C 2833) and Marclem Limited (C 10169) asked this Honourable Court to:

1. Taking into account the payment and the consequent subrogation by Lombard Bank Malta plc in favour of Marclem Limited, the capital in the cause be reduced to €53,531.88, without prejudice to the claim for interest and costs;

2. The company Marclem Limited assumes the cause instead of Lombard Bank Malta plc;

3. Simultaneously withdraw the cause vis-à-vis the said Marclem Limited but not vis-à-vis all the other defendants.

Applicant: Lombard Bank Malta plc (C 1607)

Services: Joseph Mizzi (ID 671262M) and JJ Limited, ‘C’est la vie’, 170, Triq is-Swieqi, Swieqi

The Application in the names Lombard Bank Malta plc (C 1607) vs Power Point Limited et was deferred for hearing to the 8th day of May, 2018, at 10.30 a.m.

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 29th January, 2018 in the First Hall of the Civil Courts in the records of the judicial letter number 2834/16 in the names Bank of Valletta plc vs Joseph Tabone et noe, the following publication was ordered for the purpose of effecting service of the respondents in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the First Hall of the Civil Courts against Joseph Tabone (ID 252869M) as Trustee of Africa Trade Trust of 112, Triq il-Gallina, San Ġwann, and the same Africa Trade Trust of 112, Triq il-Gallina, San Ġwann, on the 26th August, 2016, Bank of Valletta plc of 1/5, Misraħ San Ġorg, Valletta VLT 1190, solicits you so that within three (3) days you pay the sum of €529,170.04 balance of debt in the Overdraft Account of Africa Trade Trust with Bank of Valletta plc together with legal interest from the 17th March, 2016, till the date of effective payment.

The interpellant company warns you that if you fail to effect such payment in the time given, it will be constrained to proceed against you according to law, including to sell the pledge given by Africa Trade Trust on the 14th April, 2004, of the 6673 shares in Commerzbank AG – held in the name of Africa Trade Trust in the portofolio number 24854805-1 previously 1005322,      and administered by Bank of Valletta Wealth Management as provided in terms of subsection (5) of Article 1970 of Cap. 16 of the Laws of Malta.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd January, 2018, on the application of Farrugia Michael (ID 394570M), Tuesday, 8th May, 2018, at eleven in the morning (11.00 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:

Property named ‘Lycidas’ in Triq Dun Mikiel Scerri, Attard including its airspace built on two plots named ‘Tal- Irmiedi’. The tenementt is free and unencumbered valued at eight hundred and seventy thousand euros (€870,000).

L-imsemmi fond huwa proprjetà ta’ Vassallo Frank (ID 620958M).

N.B. L-imsemmi fond jinbiegħ bħalma ġie deskritt fl-atti tas-subbasta 38/2016.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 26th of February 2018, on the application of C. Stivala & Sons Limited (C 4610), Tuesday, 17th April, 2018, at half pasat ten in the morning (10.30 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.

Property numbered seventy-one (71), free and unencumbered, accessible from a front garden in Triq Monsinjur Arturo Bonnici in Swatar, Msida, valued at three hundred and five thousand euro (€305,000).

The said tenement is the property of Catania Joseph (ID 201542M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 6/2017.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

By a decree of the 16th February, 2018, given by the First hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 15th February, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 10/17 in the names J. Zammit Limited vs Spiridione Nappa (ID 267381M) et held under the Authority of the said Court on the 14th February, 2018.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a Decree of the 14th March, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338(1) of the Code of Organization and Civil Procedure (Cap.12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited on the 8th March, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 36/17 in the names J. Zammit Limited (C 37945) vs Timothy Agius (ID 290889M), held under the Authority of the said Court on the 7th March, 2018.

According to Article 338 (2) of Chapter 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Alem Andeberhan Tesfaselase (ID  0069592A) filed an application under oath (No. 243/17 AL) demanding Corrections the Act of Birth of the minor Diamond Habtu Meskel number 3155/2014 in the Public Registry. 

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette. 

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case. 

By order of the Court,

RITA MANGION

For Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 448/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Pawla Gafà, the following publication was ordered for the purpose of effecting service on the interpellant Pawla Gafà in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Pawla Gafà (ID 586547M) of Casa Gafà, Dawret Ħal Għaxaq, Ħal Għaxaq

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 €5,514.41, 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, together with interest due on the amount according to law, regarding the bill number 101000197787 for the premises Casa Gafà, Dawret Ħal Għaxaq, Ħal Għaxaq which amounts to €5,514.41.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 18th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 2523/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Malta Innovation Software Ltd, the following publication was ordered for the purpose of effecting service on the interpellant company Malta Innovation Software Ltd in terms of Article 187(5) of Cap. 12.

In the Court of Magistrates (Malta) 

To Malta Innovation Software Ltd (C 38516) of 5, Rosa Marina Apts, 216, Marina Seafront, Tal-Pietà

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 €8,417.96, 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, together with interest due on the amount according to law, regarding the bill number 101000080711 for the premises Malta Innovation Software Ltd, Qasam Industrijali, San Ġwann which amounts to €8, 417.96.

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

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 17th November, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Adrian Cutajar (ID 144279M) carrying on trade as Audio Images of Triq Zaren Dalli, Birżebbuġa, filed a Claim on the 14th November, 2017, whereby he asked the Tribunal to condemn Johann Chetcuti (ID 267580M) of Flat 1, Block E, Triq Ħalib it-Tajr, Santa Luċija, to pay the plaintiff the sum of €190 which amount is due to the plaintiff.

With costs and interest

The case (Claim number 516/17CZ) is deferred on the 10th April, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

DKR 83/2010 – Variation of a Freezing Order

It is being notified that by a decree dated 12th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Neville Camilleri, LLD) following an application filed by Antonio Briffa on the 7th March, 2018, Compilation number 1286/2009 in the case:

The Police 

(Inspector Doriette Cuschieri)

versus

Antonio Briffa, 39 years, son of Mario and Emanuela née Baldacchino, born in Tal-Pietà, Malta, on the 27th August, 1978, residing at Girbeġ Farmhouse, Vjal l-Avjazzjoni, Ħal Luqa, Malta, and holder of Maltese identity card bearing number 402078M.

The Court Authorized the accused Antonio Briffa to appear for the contract of sale on the property bearing number 93, Triq Ġużè D’Amato, Ħal Tarxien, and transfer the said property to Matthew Mark Mamo (ID 330786M) and Caroline Mamo (ID 403285M). 

This variation is being published in terms of Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Section 23A(2) of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order dated 2nd March, 2010, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman, LLD) and published in the Government Gazette of the 9th March, 2010, whereas 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 Antonio Briffa.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH. SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD 

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 310/2014 – Variation of a Freezing Order

It is being notified that by a decree dated 7th December, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Claire L. Stafrace Zammit, LLD) after a note presented by Bank of Valletta plc on the 6th December, 2017, Compilation number 877/2014, in the case: 

The Police

(Inspector Chris Pullicino)

(Inspector Sylvana Briffa)

(Inspector Edel Mary Camilleri)

versus

Josef Vincenti, 30 years, son of Joseph and Connie née Gatt, born in Tal-Pietà, Malta, on the 4th July ,1987, residing at number 56, Triq il-Mina ta’ Hompesch, Ħaż-Żabbar, Malta, and holder of Maltese identity card bearing number 298387M.

The Court Authorized Bank of Valletta plc to release the sum of €13,976.24 (thirteen thousand, nine hundred and seventy-six euro and twenty-four cents) in favour of the accused Josef Vincenti, which sum represents his salary. 

This variation is being published in terms of Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A (2) of Cap. 9 of the Laws of Malta following a freezing order dated 14th September, 2014, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Anthony Micallef Trigona, LLD) 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 Josef Vincenti.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH. SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 48/2013 – Variation of a Freezing Order

It is being notified that by a decree dated 6th October, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire-Louise Stafrace Zammit, LLD) after an application filed by Tancred Tabone on the 12th September, 2017, Compilation number 170/2013, in the names:

The Police 

(Assistant Commissioner Michael Cassar)

versus

Tancred Tabone, 65 years, Company Director, son of the late Joseph and Marion née Mercieca, born in Tas-Sliema, Malta, on the 24th October, 1952, residing at 78, Triq Ġużè Howard, Tas-Sliema, Malta, and holder Maltese Identity Card bearing number 793652M.

The Court Authorized the accused Tancred Tabone to sell the vehicle Nissan Xtrail with registration number TBO 113 provided that the proceeds will be deposited into a bank account on behalf of the accused and remains subject to the freezing order.

This variation is being published in terms of Section 5(1) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another decree dated 18th August, 2017, which was published in the Government Gazette of the 5th September, 2017, following other publications published in the Government Gazette of the 3rd December, 2014, 18th November, 2013, 14th June, 2013 and 1st March, 2013, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD) on the 19th February, 2013, and published in the Government Gazette of the 22nd February, 2013, 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 Tancred Tabone.

DR JOHN SEYCHELL NAVARRO

DIP. HLTH. SCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 17th day of May, 2016, in the records of the Application in the names Kevin Caruana (ID 360955M) et vs Carmen German (ID 295935M) et, Application 38/2015 JPG, it was ordered that service upon Kevin Caruana (ID 360955M) et 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 Kevin Caruana (ID 360955M) et vs Carmen German (ID 295935M) et on the 29th day of January, 2016, Carmen German (ID 295935M) et respectfully submitted:

That by means of an Application dated the 13th day of January, 2015, the applicant Carmen German premised and claimed as given in the aforementioned Application of Appeal; 

That by means of their Reply the respondents pleaded as reproduced in the said Application of Appeal; 

That by means of a judgement entered on the 25th day of January, 2016, the Court disposed of the cause by rejecting the claims of the applicant with court costs against her; 

That the applicant feels aggrieved by the decision entered by the Honourable Court of First Instance, is the cast party and is humbly filing this Appeal therefrom. That the applicant’s grievance is clear and manifest and consists mainly in the fact that since it has been proved that the formalities required by law have not been complied with, the Honourable Court of First Instance should have ordered the nullity of the judicial sale by auction and stop the adjudication of the objects in favour of the appellees … omissis …;

Thus, the applicant’s grievance consists in the fact that the Honourable Court of First Instance failed to consider that the procedural law for the judicial sale by auction had to be followed rigorously, the appellees could not change/alter the objects sold or the location of the judicial sale by auction as they wanted because they were rushed due to the fact that ten years from the judgement were to lapse;

That therefore these procedural shortcomings lead to the nullity of the judicial sale by auction in question since procedure must always be followed rigorously in order to safeguard the interests of the parties in the lawsuit.

Therefore, the appellant, while making reference to all the evidence and acts submitted in First Instance, and while reserving to produce all admissible evidence according to law, is asking this Honourable Court of Appeal to cancel the judgement entered by the Honourable First Hall of the Civil Court on the 25th day of January, 2015, in the above-cited names and instead uphold the claims of the plaintiff/s. 

With the costs of both instances against the appellees

Appellants: Carmen German (ID 295935M) et, 15, Triq id-Dejqa, Naxxar

Services: Kevin Caruana (ID 360955M) et, Mediterranea, Triq il-Mejjiesa, Manikata

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Court of Magistrates (Gozo) Inferior Jurisdiction, on the 13th March, 2018, on the application of Laurence Borg (ID 16175G) in the records of the judicial sale 2/2017JVC (and after warrant of seizure number 36/2017JVC) in the names of Laurence Borg (ID 16175G) vs Louis Vella (ID 19064G) of the appointment of the judicial sale on Monday, 16th April, 2018, at eleven o’clock in the morning (11.00 a.m.) and until the highest bid is adjudicated, has been fixed for the Sale by Auction to be held at a garage number 25, Triq il-Mitħna l-Qadima, Nadur, Gozo, of the following items:

1. A vehicle of the make Toyota Dyna with the registration number IBL 182

2. A vehicle of the make Isuzu with the registration number DBB 498

The said items are seized from the possession of Louis Vella (ID 19064G) as described in detail in the report drawn up by the Court executive officers, a copy of which may be obtained from the Registrar of the Gozo Courts (email: diane.a.farrugia@gov.mt; tel: 2215 6665).

DIANE FARRUGIA 

For the Registrar, Gozo Courts and Tribunals