Court Notices published in Govt. Gazette No. 19,965 of 20th March 2018

DKR 28/2004 – Variation of a Freezing Order

It is being notified that by a decree dated 1st March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Audrey Demicoli, LLD) after an application filed by Christopher Mazzitelli on the 16th February, 2018 (Drugs number 325/2004) in the case:

The Police 

(Inspector Josric Mifsud)

versus

Christopher Mazzitelli, 37 years, son of Carmel and Mary Ann née Demicoli, born in Tal-Pietà, Malta, on the 28th December, 1980, residing at Zama Building, P/H 4, Triq San Rokku, Ħaż-Żebbuġ, Malta, and holder of Maltese identity card bearing number 36081M;

and

Omissis

The Court Authorized the accused Christopher Mazzitelli 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 a freezing order dated 22nd April, 2004, and published in the Government Gazette of the 01st June, 2004, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry and this in terms of Section 22A (1)(a)(b) 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 Giovanna Pace, Mark Pace, Joseph Pace and Christopher Mazzitelli.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 308/2013 – Variation of a Freezing Order

It is being notified that by a decree dated 12th December, 2017, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) after an application filed by John and Elvira spouses Busuttil and the accused John Busuttil on the 28th November, 2017, Compilation number 638/2013 in the case:

The Police 

(Asst Comm. Dennis Theuma)

versus

John Busuttil, 37 years, employee, son of John and Elvira née Grima, born in Tal-Pietà, Malta, on the 30th of March, 1980, residing at number 39, Kangaroo Flat 5, Triq tal-Bilbel, St Paul’s Bay, Malta, and holder of Maltese identity card number 571880M.

The Court Authorized John and Elvira spouses Busuttil (ID 68939M and 523346M respectively) to pay the sum of €11,000 (eleven thousand euro) to Bank of Valletta plc on the loans with account numbers 40020418797 and 40024171441, which loans belong to the accused John Busuttil. These accounts shall remain subject to the freezing order. 

The publication of this order is being published in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta, following another publication made on the 15th May, 2014, after a decree dated 13th May, 2014, following another publication made on the 18th October, 2013, after a decree dated 14th October, 2013, and following another publication made on the 18th July, 2013, after a decree dated 8th of July, 2013, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry, where the Court ordered the attachment in the hands of third parties in a general manner, all monies and other moveable and immoveable property which may be due to or belonging to John Busuttil.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 32/2004 – Variation of a Freezing Order

It is being notified that by a decree dated 1st March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Audrey Demicoli, LLD) after an application filed by Giovanna Pace on the 16th February, 2018 (Drugs number 325/2004) in the case:

The Police 

(Inspector Josric Mifsud)

versus

Giovanna Pace, 67 years, daughter of Michael Azzopardi and Frances née Falzon, born in Ħal Qormi, Malta, on the 12th December, 1950, residing at number 61, Triq il-Mitħna, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 27551M;

and

Omissis

The Court Authorized the accused Giovanna Pace 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 decree which was given on the 16th June, 2017, by the same Court and following a freezing order dated 22nd April, 2004, and published in the Government Gazette of the 1st June, 2004, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry and this in terms of Section 22A (1)(a)(b) 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 Giovanna Pace, Mark Pace, Joseph Pace and Christopher Mazzitelli.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 366/2016 – Variation of a Freezing Order

It is being notified that by a decree dated 06th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) after an application filed by Angus Camenzuli on the 30th October, 2017, Compilation number 576/2016 in the case:

The Police

(Inspector Frank Anthony Tabone)

versus

Angus Camenzuli 22 years, unemployed, son of Sandra-Lee Camenzuli, born in Tal-Pietà, Malta, on the 29th January, 1996, residing at number 18, Blakers Court, Flat 3, Palm Street, Ħ’Attard, Malta, and holder of Maltese identity card bearing number 80096M.

The Court Authorized the accused Angus Camenzuli to scrap the vehicle Ford Mondeo with registration number DBJ 056.

This variation is made following a freezing order dated 01st November, 2016 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) which was published in the Government Gazette of the 11th November, 2016, and this 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 Angus Camenzuli.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 352/2007 – Variation of a Freezing Order

It is being notified that by a decree dated 28th February, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi, LLD), after an application filed by Stella Grech on the 26th February, 2018, Compilation number 1284/2007 in the case:

The Police 

(Supt Norbert Ciappara)

(Asst Comm. Dennis Theuma)

versus

Stella Grech, 75 years, daughter of Joseph and Michelina née Cassar, born in Marsa, Malta, on the 11th December, 1942, residing at ‘Stella’, No. 13, Triq ix-Xemxija, Marsa, Malta, and holder of Maltese identity card No. 674842M;

Dean Martin

and

Joseph Grech

The Court Authorized the accused Stella Grech to withdraw the sum of thirteen thousand nine hundred and seventy euro and twenty cents (€13,976.24) from the sum exhibited in Court which is in the custody of Central Bank of Malta.

This publication is being published in terms of Article 5(2) 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 13th June, 2017, following another publication published on the 6th May, 2016, after a decree dated 7th April, 2016, following another publication published on the 22nd March, 2016, after a decree dated 9th March, 2016, given by the Court of Magistrates, following another publication published on the 27th April, 2015, after a decree dated 14th April, 2015, given by the Criminal Court, following another publication published on 9th December, 2014, after a decree dated 12th November, 2014, given by the same Court following the freezing order which was published on 16th October, 2007, 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 Joseph Grech, Stella Grech and Dean Martin. 

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 352/2007 – Variation of a Freezing Order

It is being notified that by a decree dated 24th January, 2018, given by the Criminal Court (Mr Justice Dr Antonio Mizzi, LLD), after an application filed by Joseph Grech on the 5th December, 2017, Compilation number 1284/2007, in the case:

The Police 

(Supt. Norbert Ciappara)

(Supt. Dennis Theuma)

versus:

Stella Grech

Dean Martin

Joseph Grech, 50 years, son of the late Carmelo and Maria Stella née Muscat, born in Marsa, Malta, on the 2nd October, 1967, residing at 13, triq ix-Xemxija, Marsa, Malta, and holder of identity card number 423567M.

The Court Authorized the accused Joseph Grech to withdraw the sum of thirteen thousand nine hundred and seventy-six euro and twenty-four cents (€13,976.24) from the Central Bank of Malta, which sum is entitled to him for his living for the year 2018.

This publication is being published in terms of Article 5(2) 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 given on the 11th April, 2017, by the same Court, following another publication published on the 6th May, 2016, after a decree dated 7th April, 2016, following another publication published on the 22nd March, 2016, after a decree dated 9th March, 2016, given by the Court of Magistrates, following another publication published on the 27th April, 2015, after a decree dated 14th April, 2015, given by the Criminal Court, following another publication published on 9th December, 2014, after a decree dated 12th November, 2014, given by the same Court following the freezing order which was published on 16th October, 2007, 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 Joseph Grech, Stella Grech and Dean Martin. 

MARIA DOLORES FENECH

Director, Criminal Courts and Tribunal

DKR 318/2016 – Variation of a Freezing Order

It is being notified that by a decree dated 22nd February, 2018, given by the Criminal Court (Mr Justice Dr Giovanni M. Grixti, LLD) following an application filed by Rita Scicluna on the 16th February, 2018, Compilation number 496/2016, in the case:

The Police

(Inspector Gabriel Micallef)

versus

Rita Scicluna, 42 years, housewife, wife of Nicholas Obaseki, daughter of Carmelo and Georgina née Borg, born in Australia on the 4th July, 1975, residing at Santa Marija, Triq l-Aħwa Vassallo, Ħal Luqa, Malta, and holder of Maltese identity card bearing number 560485M;

Osaro Osarenkhoe

and

Nicholas Obaseki

The Court Authorized the accused Rita Scicluna 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 a freezing order dated 17th September, 2016, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Claire L. Stafrace Zammit, LLD) and published in the Government Gazette of the 30th September, 2016, 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 Rita Scicluna, Osaro Osarenkhoe and Nicholas Obaseki.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall, on 1st Febraury, 2018, on the application of J. Zammit Estates Ltd (C 52422), Wednesday, 11th April, 2018, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction, to be held at St James Court Garage,Number Three (3), Triq Is-Sienja, Ħ’Attard of the following items seized from the property of Zammit Loreta (ID 266075M) noe.

Vehicle of the make BMW116i, grey in colour, with the registration number IBQ 346.

N.B. The said vehicle will be sold as described in the acts of judicial sale file number 4/18.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By means of a decree of the 19th February, 2018, of the Rent Regulation Board, in the records of the Application in the names Joseph Borg pro et noe vs Colin Mckenzie Stewart, Application Number 162/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Colin Mckenzie Stewart in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Joseph Borg (ID 254453M) in his own name and as director for and on behalf of Fairsight Developments Limited (C 6368) vs Colin McKenzie Stewart (passport number 800373151), filed in the Rent Regulation Board, on the 30th November, 2017, the applicant Joseph Borg (ID 254453M) in his own name and for and on behalf of Fairsight Developments Limited (C6368), requested with respect and confirmed on oath that:

That by means of a private writing of lease dated 20th November, 2015, a copy of which is attached and marked as Doc. A, the applicant Joseph Borg leased to the respondent the garage internally marked as 47, in the lower basement level in the garage complex with name Les Maisons, in Triq il-Ġiżimin, Swieqi, as better described in the attached Doc. A, for one year (from the 21st November, 2015 till the 20th November, 2016) under the conditions listed in the same writing Doc. A;

When the lease expired, that is on the 20th November, 2016, the respondent failed to return the keys to the applicant and didn’t vacate the garage;

That in terms of the same writing the lessee is to pay a penalty of €50 a day for every day up until the applicant vacates the garage leased to him; 

The applicant sent a judicial letter in terms of Article 166A of Cap. 12 in which he requested the penalties due from the 21st November, 2016 till the 6th February, 2017, but although duly notified the respondent did not contest the said letter and did not pay the amount due, and so for the penalties due till the 6th February, 2017, the applicant has an executive title against the respondent;

Until today the respondent has not returned the keys of the garage to the applicant and did not empty the garage from his personal belongings;

Apart from this, the penalty of €50 a day from the 7th February, 2017 onwards is still due;

The applicant has no alternative but to proceed for the eviction of the respondent from the garage above mentioned and to pay the penalties due by him from the 7th February, 2017 till the day of effective eviction;

As far as the applicant knows, the respondent does not have any defences to bring to the applicant’s requests;

An affidavit of the applicant and of his wife are being attached to this application (Doc. C and D);

Accordingly, all the existing elements according to Article 16A of Cap. 69 of the Laws of Malta are in place such that so that this Honorable Board can proceed to decide this matter summarily and without proceeding to trial in terms of the same article 16A of Cap. 69.

Thus, the applicant requests with respect this Honorable Board so that, subject to any declaration it deems necessary and opportune:

1. Hears and decides these proceedings summarily and without proceeding to trial in terms of Articles 16A of Cap. 69 of the Laws of Malta;

2. Orders the respondent to vacate the garage internally marked 47, in the lower basement level in the garages complex named Les Maisons, in Triq il-Ġiżimin, Swieq, as better described in the attached Doc. A, and evict all his personal belongings from the same garage;

3. Declares that the respondent is responsible for the payment of the penalty of €50 per day to the applicant from the 7th February, 2017, till the day of eviction from the garage mentioned;

4. Orders the respondent to pay the penalties to the applicant, with legal interest from the date of the final judgement.

With costs, including those of the judicial letter number 250/17 here attached and marked as Doc. B and of the garnishee order number 732/2017.

The respondent is from now summoned so that reference to his oath be made.

Applicant: 1A, Mulhouse Building, Triq it-Torri Wejter, Birkirkara

Respondent: Montpellier Gardens, Flat 2, Triq Josef Calleja, Swieqi

The application in the names Joseph Borg pro et noe vs Colin McKenzie Stewart, Application number 162/2017JD, has been postponed for hearing to the 22nd March, 2018, at 9.15 a.m. 

Who receives this sworn application against him has to appear before this Board on the date and time given.

These are special summary procedures in which judgement will be given on the first day of hearing of the application if the respondent/s do not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

So, it is in the interest of who receives this application that he immediately consults a lawyer so that the Court will hear his defence. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 6th March, 2018, in the records of the Judicial Letter number 3796/17, in the names Kadeen Magri vs The Malta Community Chest Fund et, the following publication was ordered for the purpose of service of the respondents Daniel Gera De Petri Testaferrata Bonici and Christopher (Christopher Joseph) Sultana and this in terms of Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

In the First Hall, Civil Court

To: 

1. The Malta Community Chest Fund;

2. John Camilleri in his own name and in his capacity of member of the board of administrators of the Malta Community Chest Fund of the year 2015;

3. Joseph Bartolo in his own name and in his capacity as member of the board of administrators of the Malta Community Chest Fund for the year 2015;

4. Matilde Cordina in her own name and in her capacity as member of the board of administrators of The Malta Community Chest Fund for the year 2015;

5. Phelim Michael Cavlan in his own name and in his capacity of member of the board of administrators of the Malta Community Chest Fund for the year 2015;

6. Daniel Gera de Petri Testaferrata Bonici (ID 504074M) in his own name and in his capacity of member of administrators of The Malta Community Chest Fund for the year 2015 – Flat 14, 232, Belgravia Court, Triq it-Torri, Tas-Sliema;

7. Gordon Pace in his own name and in his capacity of member of the board of administrators of The Malta Community Chest Fund in the year 2015;

8. Dr Lisa Marie Brooke in her own name and in her capacity of member of the board of administrators of the Malta Community Chest Fund the yeat 2015;

9. Charlotte Geronimi in her own name and in her capacity of member of the board of administrators of the Malta Community Chest Fund for the year 2015;

10. Her Excellency the President the Hon. Dr Marie Louise Coleiro Preca in her capacity of President of Malta and in her capacity of Chairperson of the Malta Community Chest Fund as well as in her personal capacity;

11. Anthony Alfred Darmanin carrying on trade by the name ‘Paqpaqli Productions’;

12. Anthony Alfred Darmanin (ID 473661M) in his own name and as well member of the organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

13. Tonio (Anthony) Cini in his own name as well as member of the organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

14. Agostino De Giorgio in his own name as well member of the organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

15. Jonathan Tonna in his own name as well as member of the organising commitee of the activity Paqpaqli ghall-Istrina for the year 2015;

16. Kevin Perry in his own name as well as member of the Organising committee of the activity Paqpaqli għall-Istrina for the year 2015;

17. Melvin Haber in his own name as well as member of the Organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

18. Ian Keith Cilia Pisani in his own name as well as member of the organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

19. Jonathan Bruno in his name as well as member of the Organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

20. Angelo Mario Manara in his own name as well as member of the organising Committee of the actrivity Paqpaqli għall-Istrina for the year 2015;

21. Christopher (Christopher Joseph) Sultana (ID 393474M) in his own name as well member of the organising Committee of the activity Paqpaqli għall-Istrina for the year 2015 – 16, Belvedere, Triq Giovanni Barbara, Ħal Lija;

22. David Bugeja in his own name and as member of the Organising committee of the activity Paqpaqli għall-Istrina for the year 2015;

23. Brian Gatt (ID 331071M) in his own name as well as member of the Organising Committee of the activity Paqpaqli għall-Istrina for the year 2015;

24. Paul Bailey;

25. Commissioner of Police;

26. The Hon. Prime Minister;

27. The Hon. Minister for Home Affairs and National Security, Ministry for Home Affairs and National Security;

28. The Attorney General; 

29. Department for Civil Protection;

30. Malta International Airport plc; 

31. Mapfre Middlesea Insurance plc (C 5553).

By the present Kadeen Magri (ID  513694M), hereby calls upon you so that within ten days from the notification of the present letter, to solelyor together with the other defendants, come forward for the liquidation and payment of damages suffered by the plaintiff, as a result and as a consequence of the incident which occurred on the 4th October, 2015, during the event bearing the name ‘Paqpaqli għall-Istrina’ held at the Malta International Airport and for which incident and damages you, solely or together with the other defendants, are responsible.

Whilst referring to the above and whilst reserving all his rights at law, Kadeen Magri warns you that in the eventuality that the payment is not made within the established timeframe he will proceed against you in terms of law without any further pre-advice.

This letter is being duly notified to the insurance company Mapfre Middlesea plc (C 5553) for all intents and purposes of the law.

This judicial letter is being done in accordance with the law and for all effects and purposes of the same.

To be guided accordingly

With costs of the present act

Notification:

1. Daniel Gera de Petri Testaferrata Bonici (ID no. 504074M), Flat 14, 232, Belgravia Court, Triq it-Torri, Tas-Sliema

2. Christopher (Christopher Joseph) Sultana (ID 393474M), 16, Belvedere, Triq Giovanni Barbara, Ħal Lija

ALEXANDRA DEBATTISTA 

For the Registry, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st March 2018, Application number 317/2018, by Jeffrey Zarb and Michelina Zarb whereby they prayed that it be declared open in favour of Michelina Zarb, wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Jeffrey Zarb son of the decujus, the Succession of Emmanuel Zarb, pensioner, husband of Michelina Zarb, son of Pawlu Zarb and Antonia née Gauci, born in Birkirkara, resided in Birkirkara and died at Tal-Qroqq, Msida, on the 9th November, 2017, aged 70, holding identity card number 1003347M.

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 and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 10th November, 2017, Application number 1475/2017, by Miriam Consiglio and Annette Kotorri, whereby Louis Consiglio holding identity number 856434M, widower of Carmen née Scerri, son of Emanuel and Mary née Vella, born in Msida on the 9th December, 1934, and residing at Saint Vincent de Paule, Ħal Luqa, aged 83, was interdicted by means of a decree given on the 20th February, 2018.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st March, 2018, Application number 313/2018, by Susan Paris Roeding whereby she prayed that it be declared open in her favour the Succession of her mother Heidi Roding, divorzjata minn Rolf Roding, bint Hans Bogert u Marichen née Schmidt, born in Hamburg, Germany, resided in Birkirkara and died in Msida, Malta, on the 21st February, 2014, aged 72, holding identity card number 35026M.

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 and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 15th December, 2017, Application number 1636/2017, by Nazzareno Grech, whereby Carmela Grech holding identity number 568345M, aged 72, wife of the same Nazzareno Grech, daughter of Joseph Desira and Carmela née Saliba, born in Żejtun on the 23rd June, 1945, and is under care at Karen Grech, Hospital, Tal-Pietà, was interdicted by means of a decree given on the 20th February, 2018.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

Notice is hereby given that by a decree of the Court of Appeal (Superior Jurisdiction), entered on the 29th day of April, 2016, in the records of the Sworn Application in the names Dylan Azzopardi (ID 184293M) vs Peter Zammit (ID 374870M) et, Sworn Application 260/2014AE, it was ordered that service upon Dylan Azzopardi (ID 184293M) 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 Dylan Azzopardi (ID 184293M) vs Peter Zammit (ID 374870M) et on the 16th day of November, 2015, Peter Zammit (KI 374870M) et respectfully submitted:

That by a Sworn Application filed by him on the 28th day of March, 2014, the appellee, premised and claimed as given in the abovementioned Application of Appeal; 

That by means of a Sworn Reply filed on the 23rd day of April, 2014, the defendants pleaded as given in the said Application of Appeal;

That by a judgement entered by the Honourable Court of First Instance on the 27th day of October, 2015, that Court declared: 1) That the part of the contract dated the 3rd day of September, 2013 published by Notary Dr Marilena Cristina whereby the defendant Peter Zammit assigned to the defendant Charlotte Zammit his share of the premises 45, Old Mill House, Triq il-Mitħna l-Qadima, Mosta, and of the vehicle Peugeot 107 with the number EBT 151, was made fraudulently to the detriment of the plaintiff’s rights as a creditor of the defendant Peter Zammit; 2) For the purposes of the second claim declares that vis-à-vis the plaintiff, the contract of the 3rd day of September, 2013 does not only apply to that part whereby the defendant Peter Zammit assigned one half undivided share of the premises 45, Old Mill House, Triq il-Mitħna l-Qadima, Mosta, and the vehicle Peugeot 107 with number EBT 151 to the defendant Charlotte Zammit;

That this should mean that the sum which was allegedly lent by the appellee to the spouse of the appellant Charlotte Zammit only concerns his share (the appellant’s Peter Zammit share) from the community of acquests and not the share of his spouse, the other appellant;

That the grievance is clear and manifest and consists in the fact that the Honourable Court of First Instance made an incorrect appraisal of the law as well as of the facts when it declared that the deed of separation of property between the spouses Peter and Charlotte Zammit was intended so that the appellee will not be able to get paid for the amount allegedly lent to the appellant whereas the Court considered that the alleged loan was to be made good on by the community of acquests existing between the spouses Zammit before they entered the deed of separation of property merit of these procedures;

… omissis …

That bearing in mind the content of the judgements cited in the abovementioned Application of Appeal the Honourable Court of First Instance, with all respect made an imperfect appraisal of the law when it declared that the alleged amount lent by the appellee to the applicant could be enforced on the applicant’s share of the matrimonial home and the therein contained movables that the spouses Zammit had acquired during their marriage when by law any debts that may have been created by the applicant without the knowledge of his spouse could only be executed on the paraphernal property of the applicant and never on the property of the community of acquests … omissis … even the legal interest of the appellee is entirely absent in these proceedings … omissis …;

That this means, it is being submitted that once and at least to date the contents of the paraphernal wealth of the appellant is not yet known the appellee would be acting untimely when requesting that a debt that he may have against the appellant be paid now from the said appellant’s share of the community of acquests which existed between the spouses Zammit before the publication of the deed of separation between them and that the Honourable Court of First Instance annulled in its judgement … omissis …;

Therefore and in view of the above-given and whilst the appellants make reference to all the evidence already submitted and while reserving the right to produce all other admissible evidence if appropriate, pray with respect that this Honourable Court confirms the judgement under appeal insofar it declared that vis-à-vis the plaintiff the contract dated the 3rd day of September, 2013 shall not only apply to that part whereby the appellant assigned one half undivided share of the premises 45, Old Mill House, Triq il-Mitħna l-Qadima, Mosta, and of the vehicle Peugeot 107 with the number EBT 151, to the defendant Charlotte Zammit and thus where it confirmed that the share of these assets belonging to Charlotte Zammit shall in no way offset some debts that are allegedly due to the appellee, and revokes it insofar it declared that that part of the contract dated the 3rd day of September, 2013, published by Notary Marilena Kristina whereby the appellant assigned to his spouse Charlotte Zammit his share of the premises 45, Old Mill House, Triq il-Mitħna l-Qadima, Mosta and of the vehicle Peugeot 107 with the number EBT 151, was made fraudulently to the detriment of the plaintiff’s rights as a creditor of the defendant Peter Zammit by also declaring, if necessary that any credit which the appellee might have against the appellant only affects the paraphernal property of the appellant and not the community of acquests that existed between the appellants before they entered the deed of separation of property between them.

With the costs of both instances against the appellee

Appellants: Peter Zammit (ID 374870M) et

Services: Dylan Azzopardi (ID 184293M), 46, Okella Agius, Triq Ħal Qormi, Ħamrun

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

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 9th March 2018, in the records of the Sworn Application, in the names Kandybina Ksenya, Application number 371/2011 AL, the following publication was ordered for the purpose of service of the respondent Kandybina Ksenya, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Kandybina Ksenya vs Agnes Spiteri noe, on the 8th February, 2017, the defendant Stefan Spiteri (ID 584276) as represented ad litem respectfully pleaded:

That pending in the names premised there are proceedings for personal separation;

That by means of a sworn application number 371/2011 AL, the plaintiff asked that there be pronounced the personal separation between the parties;

That the applicant wishes that this demand for the granting of personal separation be considered as a request for the dissolution of marriage by means of a divorce and this in terms of Article 66F of the Civil Code Cap. 16 of the Laws of Malta.

That furthermore it is respectfully stated that the criteria by means of Article 66B of the same Cap. 16 of the Laws of Malta, are all satisfied since;

1. The parties have been living a separate life de facto from each other for more than four years,

2. There exists no reasonable prospect for reconciliation between the parties since today the two parties have a totally independent life from each other,

3. There is no maintenance due between the parties.

Thus, the applicant humbly prays that this Honourable Court orders and authorises that the plaintiff’s demands for the obtaining of personal separation be also considered as as demands for the obtaining of divorce between the parties for all intents and purposes of law and this in terms of the provisions of Article 66F of the Civil Code, saving any other reasonable and opportune provision.

Notify Defendant: Kandybina Ksenya, Belarus Passport Number 2017955, c/o Dr Henry Antoncich LLD. 11/5, Vincenti Buildings, Strait Street, Valletta

The Sworn Application in the names Kandybina Ksenya vs Spiteri Joseph et, Application number 371/2011 AL, has been deferred for hearing to Tuesday, 17th April, 2018, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 7th February 2018, the publication of the following extract was ordered for the purpose of effecting service on the company AJ Rentals Ltd in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap 12).

By means of an application filed on the 3rd July 2017 in the records of judicial letter with bills of exchange number 2319/2005 in the names United Acceptance Finance Limited (C 360) of Mizzi House, Triq Nazzjonali, Blata l-Bajda, vs Daniela Debattista, AJ Rentals Ltd (C28579) of Madonna ta’ Lourdes, Triq Stiefnu Zerafa, Ħal Għargħur, and Glenn Debattista as surety in solidum, whereby United Acceptance Finance Limited (C 360) respectfully pleaded and Patricia Hili (ID 96153M) duly authorised for and on behalf of the same applicant company confirms on oath:

By means of a judicial letter number 2319/2005, the interpellant company rendered enforceable the bills of exchange amounting to Lm2,875 equivalent to €6,696.94 attached to the same judicial letter in terms of Article 253(e) and 256(2) of Cap. 12 of the Laws of Malta;

This notwithstanding, the respondents remained in default and the bills of exchange attached to the aforementioned judicial letter remained unpaid;

More than five years have passed from when these bills of exchange became enforceable according to law and, thus, the applicant company cannot proceed without the authorisation of this Honorable Court;

For the purposes of Article 258 of Cap. 12 of the Laws of Malta, the applicant company declares that the amount of Lm2,875 equivalent to €6,696.94, together with interest and relative costs according to law, which are still due because no payment was made relative to the bills of exchange above stated.

Thus, the applicant company humbly requests that this Honorable Court authorises the enforcement of the executive title in terms of Article 258(c) of Cap. 12 of the Laws of Malta.

In the Court of Magistrates (Malta)

Magisrate: Dr Marseanne Farrugia, LLD

Notice number 173/17MLF

United Acceptance Finance Limited 

vs

Daniela Debattista et 

The Court,

Saw the application of United Acceptances Finance Limited of the 3rd July, 2017,

Orders the service of the same application to the counter-party who has twenty (20) days from the day of notification to submit a reply and schedules the application for hearing and for all the evidence of the parties for the sitting of the 22nd November, 2017, at 11.30 a.m. which is postponed to the 25th April, 2018, at 11.30 a.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals