Court Notices published in Govt. Gazette No. 19,960 of 13th March 2018

DKR 22/2018 – New Freezing Order

It is being notified that by a decree dated 18th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Joseph Mifsud, LLD) Case number 1.

The Police

(Inspector Jeffrey Scicluna)

(Inspector Priscilla Caruana Lee)

versus:

Gilbert Galea, 26 years, son of Anthony and Rita née Caruana, born in Tal-Pietà, Malta, on the 27th January, 1991, residing at Sueno, Santa Marija, Żurrieq, Malta, and holder of Maltese identity card bearing number 88191M;

and

Anthony Galea, 55 years, son of Carmel and Josephine née Grixti, born in Żurrieq Malta on the 9th November,1962, residing at Sueno, Santa Marija, Żurrieq, Malta and holder of Maltese Identity Card bearing number 736062M.

Ordered the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Gilbert Galea and Anthony Galea and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta in accordance with Article 23A of Cap. 9 of the Laws of Malta.

The Court Authorised the said accused to continue to receive as salary and/or social benefits which actually he/she are receiving for the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro (€13,976) per year.

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

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

MARIA DOLORES FENECH

Director, Criminal Courts and Tribunals

DKR 24/2018 – New Freezing Order

It is being notified that by a decree dated 22nd January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire L. Stafrace Zammit, LLD) Compilation number 1180/2011 in the case: 

The Police 

(Inspector Doriette Cuschieri)

Vversus

Simon Spiteri, 54 years, Technical Officer, son of Espedito and Concetta née Cutajar, born in Tal-Pietà, Malta on the 10th September 1963, residing at Block C, Flat 3, Tal-Blat Housing Estate, Ħal Qormi, Malta, and holder of Maltese identity card bearing number 470763M. 

Ordered the attachment in the hands of third parties in general of all monies and other movable property due to or pertaining or belonging to Simon Spiteri and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Article 23A of Cap. 9 of the Laws of Malta.

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

MARIA DOLORES FENECH

Director, Criminal Courts and Tribunals (Malta)

Notice, Registry of The Civil Court (Family Section)

Whereas the plaintiff Redeemer Theuma (ID 444587M) filed an application under oath (No. 43/18 AL) demanding CORRECTIONS in the ACT OF BIRTH of the minor Lekisha Attard number 3955/2012 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

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 12th day of February, 2018, in the records of the Sworn Application in the names Dr Edward Debono (ID 592758M) noe vs Petroplus Limited (C 50905), Sworn Application number 51/2018 MCH, it was ordered that service upon Petroplus Limited (C 50905) 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 Dr Edward Debono (ID 592758M) noe vs Petroplus Limited (C 50905) on the 16th day of January, 2018, Edward Debono (KI 592758M) noe asked this Honourable Court saving any necessary and appropriate declaration and allowing the demand without proceeding to trial in terms of Article 167 of Cap. 12 of the Laws of Malta: 

1. To order the defendant company to pay to the plaintiff companies the global sum of €89,993.73, representing the amount of €69,911.19 owed to Alfaship Viking Internacional S.L. as well as the amount of €20,082.54 due to Alfaship Internacional S.A., besides further interest till the date of actual payment.

With court costs as demanded against the defendant as of now summoned so that a reference to its oath be made. Saving any other action due to the applicants.

Applicant: Dr Edward Debono (ID 592758M) noe 198, Old Bakery Street, Valletta

Services: Petroplus Limited (C 50905), Office 5B, Level 8, Portomaso Business Tower, Portomaso Avenue, San Ġiljan

The Sworn Application in the names Dr Edward Debono (ID 592758M) noe vs Petroplus Limited (C 50905) was deferred for hearing to the 14th day of March, 2018 at 9.00 a.m.

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

For the Registrar, Civil Courts and Tribunals

By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 8th February, 2018, Application number 207/2018 by Thomas Tonna et whereby they prayed that it be declared open in favour of Thomas Tonna, Doris Tonna, George Tonna, Freddie Tonna and Dionne Tonna and Damian Tonna children of the late Joe Tonna all heirs of the late Gulinu Tonna, brother of the decujus, and this in the quota of one third (1/3) undivided share between them; and in favour of Rose Mangion, Dina Akram, Carm Taplin, Anthony Tonna, Thomas Tonna, Frank Tonna, Josephine Zimmer née Tonna and Celia Tonna and Adrian children of the late Edward Tonna, all heirs of the late Joseph Tonna, brother of the decujus, and this in the quota of one third (1/3) undivided share between them; and in favour of Joseph Azzopardi, Thomas Azzopardi, Charlie Azzopardi and Paul Azzopardi, all heirs of the late Rosina Azzopardi, sister of the decujus, in the quota of one third (1/3) undivided share between them the Succession of Filomena Tonna, daughter of the late Tommaso Tonna and Carmela Tonna née Sapiano, born in Rabat, resided in Rabat and died in Tal-Qroqq, Msida, on the 25th January, 2017, aged 90 holding identity card number, 0304226M.

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 the Civil Court of Voluntary Jurisdiction Section, on the 20th February, 2018, Application number 266/2018, by Maria Carmela known as Carmen Mifsud et whereby they prayed that it be declared open in favour of Maria Carmela sive Carmen Mifsud in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Vincent Giorgio and Elena Agius Giorgio, children of the late Joseph Giorgio, in equal shares between them the Succession of Elenora sive Eleonora Giorgio, unmarried, daughter of the late Vincent Giorgio and Catherine née D’Amato, born in Ħamrun, was under care at Mount Carmel Hospital, Ħ’Attard and died in Msida on the 16th December, 2017, aged 71, holding identity card number 769646M.

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 the Civil Court of Voluntary Jurisdiction Section, on the 21st February, 2018, Application number 270/2018, by Maria Galea u Victoria Mamo whereby they prayed that it be declared open in their favour in the quota of one half (1/2) undivided share each one of them the Succession of their brother Anthony sive Toninu Galea, widower of Carmena Galea née Gatt, son of the late Salvo Galea and Giuseppe Galea née Galea, born in Naxxar, resided in Cospicua and died in Tal-Qroqq, Msida, on the 5th August, 2014, aged 77, holding identity card number 867936M.

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 the Civil Court of Voluntary Jurisdiction Section, on the 14th February, 2018, Application number 235/2018 by Albert Farrugia et whereby they prayed that it be declared open in favour of Albert Farrugia, husband of the decujus, and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Theresa Valletta and Sylvana Farrugia, sisters Farrugia, children of the decujus, in equal shares between them the Succession of Concetta Farrugia, daughter of the late Joseph Farrugia and Carmela Farrugia née Saliba, born in Żurrieq, resided in Ħal Luqa and died in Tal-Qroqq, Msida, on the 31st July, 2017, aged 58, holding identity card number 0167459M.

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 the Civil Court of Voluntary Jurisdiction Section, on the 14th February, 2018, Application number 238/2018, by Alfred Govè et whereby they prayed that it be declared open in favour of Alfed Govè, husband of the decujus, and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Christopher Govè and Susan Desira, children of the decujus, in equal shares between them the Succession of Violet Govè, daughter of the late Victor Rizzo and Carmela Rizzo née Kitcher, born in Tas-Sliema, resided in Ta’ Xbiex, Malta, and died in Saint Julians on the 9th October, 2017, aged 78, holding identity card number 0263439M.

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 the Civil Court of Voluntary Jurisdiction Section, on the 13th February, 2018, Application number 229/2018, by Gwenn wife of Kevin Zammit whereby she prayed that it be declared open in her favour and in favour of Jonathan Galea Coppola in the quota of one half (1/2) undivided share each one of them the Succession of their mother Lilian sive Lilly Galea Coppola, legally separated from Walter Galea, daughter of the late Giovanni Coppola and Maria Vienna née Attard, born in Valletta, resided in Ħ’Attard and died in Tal-Qroqq, Msida, on the 26th January, 2017, aged 83, holding identity card number 0149133M.

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

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 28h February, 2018 the Court of Magistrates (Gozo) Superior Jurisdiction, General Section, ordered the publication of the extract reproduced hereunder for the purpose of service in terms of sections 187(3) and 931(3) of the Code of Organization and Civil Procedure.

Whereas by a decree dated the 28th February, 2018 in the records of the Sworn Application bearing number 21/2018JVC in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, upon an application filed by the applicant Richard Harold Reader, residenting Apt 7, The Firs, Triq Bullara, Xagħra, Gozo, identity card number 30481A, versus deputy curators be nominated in terms of law to represent the absent Clive Gullifer and the absent Katherine Lennmarker mentioned in the sworn application whereby it was ordered that deputy curators be nominated in terms of law to represent the absent Clive Gullifer and the absent Katherine Lennmarker, filed on the 23rd February, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts.

1. The in virtue of a deed of sale dated fifteenth (15th) May two thousand and twelve (2012), in the records of Notary Dr Kristen Dimech, a true copy of which including all documents attached thereto and a plan of the property, is being annexed as Doc. RR1, the claimant acquired from the defendant company Caruana & Cini Developments Co. Limited, the penthouse internally marked as number seven (7) in the condominium named ‘The Firs’, in Bullara Street, Xagħra, Gozo, together with its overlying airspace, as subject to specified active and passive servitudes in favour of the owners of the other apartments in the condominium.

2. That this sale was contracted with the condition, amongst others, that “no air-conditioning units belonging to the apartments below may be installed on the roof of the penthouse which units may be only installed in the area shaded in green on the same plan document ‘A3’ which area refers to roof of the stairwell of the Block”. This clearly means that the compressors of the air condition systems which could be installed by the owners of the other apartments in the condominium, could only be installed in that part of the roof overlying the stairwell of the block of apartments. The definition in the deed of sale of the term ‘airspace’, gives more weight to this fact, since ‘airspace’ was defined as “the airspaces overlying the penthouse and its terraces but does not include the airspace overlying the shafts, the stairwell, the yards whether back and/or internal and/or the front gardens.” Therefore, it results without a shadow of doubt that the claimant acquired his property together with its own airspace, but without the airspace overlying the internal shafts, the stairwell, the yards and the garden of the block of apartments ‘The Firs’. 

3. That in reality, however, the external compressors of the air condition units belonging to the owners of some of the other apartments, which owners are the defendants in this case, have been installed directly on the roof of the penthouse property of the claimant, and manifestly out of the zone marked in green, and as shown in the plan annexed with the deed of sale above mentioned.

4. That these external units, apart from being installed in a place where according to the claimant’s deed of acquisition they should not be installed, are also affixed to a metal structure which was placed so that these units are placed on top of each other. What is happening is that this metal structure is also installed directly on the roof of the penthouse property of the claimant, exactly on top of his bedroom, and consequently, these external units, which have been exposed to the elements for a certain number of years/months and so have rusted, are emitting their vibrations and noises whilst in operation, through this metal structure to which they are affixed, directly onto the roof overlying the claimant’s bedroom. The end result is that the claimant is suffering a serious inconvenience directly as a cause of the noises and vibrations emitted whilst the units are in operation, so much so that they are interfering with his sleep. In addition, this structure is also causing damage to the roof of the claimant. This damage, together with the fact that these compressors are installed in a zone of the roof in which they should not be, is being certified by Architect and Civil Enginéer Mariella Xuereb, in her report herewith annexed as Doc. RR2.

5. That this is also evident from the photos annexed as Doc. RR3, Doc. RR4 and Doc. RR5 respectively.

6. That as a result of this situation, the claimant is suffering a serious inconvenience because the vibrations being emitted are interfering directly with his right to enjoy his property in a peaceful and tranquil manner. Graver still is the fact that the defendant company Caruana & Cini Developments Co. Limited, defaulted grossly in its contractual obligations according to the deed annexed as Doc. RR1, due to the fact that it failed to ensure that the claimant would not be molested in the real use and enjoyment of the property in question, more so because, as will be clearly proven in these proceedings, it was the director and shareholder of this same defendant company, Manuel Cini, who instructed the other defendant owners in this lawsuit to install their compressors in the place they are in, that is in the airspace property of the claimant, and this despite the fact that he was warned more than once about this fact, even by means of judicial letter number 7/2017 filed in this same Court on the 9th of January, 2017, herewith annexed as Doc. RR6.

7. That despite the fact that the claimant has been complaining about this state of affairs for various months with all defendants involved, both verbally and in writing, and even through the direct intervention of his legal advisor, this situation was never resolved. Worse still is the fact that when the claimant tried to resolve this issue directly and individually with each defendant owner, these were directed by the same Manuel Cini to ignore the claimant and to leave the compressors where they are, and that is why this lawsuit had to be filed.

Therefore, in view of the above, defendants are being asked to state why this Honourable Court should not:

1. Declare that the place where the compressors of the aircondition units belonging to defendants Clive Gullifer, Katherine Lennmarker and Philip and Doris spouses Zammit, is exclusive property of the claimant, and this in virtue of the deed of sale dated fifteenth (15th) May two thousand and twelve (2012) in the records of Notary Dr Kristen Dimech;

2. Consequently order defendants Clive Gullier, Katherine Lennmarker and Philip and Doris spouses Zammit to relocate the compressors abovementioned to the area where they should be according to the abovementioned deed of sale, which exact place is to be determined by an Architect and Civil Enginéer nominated by this Honourable Court to this end, and this at their own expense;

3. Order that in default of the above, the claimant effects this relocation himself, at the expense of all of or any of the defendants as indicated by the Court;

With costs against all or any of the defendants and with their injunction to oath

Whoever is interested to be nominated as a curator is hereby called upon to call at this Registry within six (6) days and make known their interest through a note declaring therein that they accept such an assignment, and in default, this court will proceed to nominate an official curator.

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

Issued by the aforementioned Court of Magistrates (Gozo) Superior Jurisdiction, General Section under the signature of Magistrate Dr Joanne Vella Cuschieri, LLD, BA Mag. Jur. (Eur. Law), a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of a decree of the 12th February, 2018, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap 12).

By means of a Counter Warrant number 206/18 filed in the Courts of Magistrates (Malta) after the Garnishee Order number 104/17 issued on the 19th January 2007 in the names Borg Felix (ID 108785M) vs Attard Philip (ID 491065M) where Philip Attard requested this Honourable Court to issue the opportune Counter Warrant for the reason that the amount in the Garnishee Order was that of €1,796, out of which the sum of €1,306.75 was already deducted upon the deposit in court of this sum by means of a Schedule of Deposit number 2111/17 and which amount has been withdrawn by Dr Frank Cassar for and on behalf of the creditor Felix Borg according to Doc. A here attached and because the remaining balance of €489.25 is being deposited under the Authority of this Honorable Court by means of a schedule of deposit that is being filed together with this counterwarrant (Doc. B attached).

Counter Warrant

Republic of Malta

Warrant of the Court

To the Marshall of the Court

Given by the Court above mentioned

In the Courts of Magistrates (Malta)

Magistrate Dr Consuelo Scerri Herrera 

After the Garnishee Order Number 104/17 in the names:

Felix Borg 

vs

Philip Attard

The Court,

Having seen the application;

Orders service of the application to the counterpart who has two (2) days within which to reply.

Service: Borg Felix, 49, Triq il-Knisja, Xagħjra, limits of Ħaż-Żabbar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Notice is hereby given that by a decree of the Constitutional Court, entered on the 6th day of March, 2018, in the records of the Application in the names Roberta Grech (ID 314581M) vs Attorney General et, Application 93/2016 SM, it was ordered that service upon Roberta Grech (ID 314581M) 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 Constitutional Court, in the names Roberta Grech (ID 314581M) vs Attorney General et on the 20th day of November, 2017, the Attorney General respectfully submitted:

That this Application is an appeal limitedly: (i) on the compensation of €8,000 that the Honourable Court of First Instance ordered to be paid by the Attorney General, and (ii) on the court costs of the cause of Mercury Investments Limited that the Honourable Court of First Instance also ordered to be paid by the Attorney General;

… omissis …

That the abovementioned Application of Appeal gives a summary of the relevant facts; 

That on the 17th day of October, 2016 Roberta Grech instituted this constitutional cause against the Attorney General and Mercury Investments Limited. She argued and prayed as given in the abovementioned Application of Appeal;

That the Attorney General contested the claims of Roberta Grech through the reply submitted on the 2nd day of November, 2016. On the other hand Mercury Investments Limited pleaded that it was not responsible for the constitutional and conventional complaint raised by Roberta Grech;

That by a judgement entered on the 14th day of November, 2017, the Honourable Court of First Instance ruled as follows: (i) Rejects all the pleas of the respondent Attorney General; (ii) Upholds the claims of the applicant and the pleas of the respondent company; (iii) Declares that the delay experienced in proceeding number 349/2007 in the names Mercury Investments Limited vs Grech Roberta violated the right of the applicant Roberta Grech to a fair hearing within a reasonable time as provided in Article 39(2) of the Constitution and Article 6 of the Convention; (iv) Liquidates the compensation due in the amount of €8,000.00; (v) Orders the respondent Attorney General to pay the amount so liquidated to the applicant Roberta Grech, and (vi) With the costs of this proceeding to be borne by the same respondent Attorney General, with the company Mercury Investments Limited being freed from paying such expenses since in this cause its position is completely extraneous to the delay abovementioned;

… omissis …

That for the sake of clarity the Attorney General is not contesting the fact that Roberta Grech suffered violation of the right to a fair hearing … omissis …;

That the first grievance is in respect of the compensation of €8,000 that the Honourable Court of First Instance awarded to compensate for the constitutional and conventional violation suffered by Roberta Grech. The Attorney General feels that this compensation is too high and should be reduced for the two reasons which will be mentioned. That in the first place, it appears from paragraph 31 of the judgment under appeal that the Honourable Court of First Instance has worked on the figure of €8,000 because it was influenced by the fact that Roberta Grech suffered more interest because of the delay in the civil litigation. In the opinion of the applicant, this factor was irrelevant in the context of the computation of damages in a constitutional cause for a delay in civil litigation … omissis … In the second place, the applicant feels that the compensation of €8,000 should be reduced because this is high compared to other similar cases concerning delay … omissis … thus the compensation should be much less than that awarded by the Honourable Court of First Instance, so that it be consonant with jurisprudence;

That the second grievance is in respect of the court costs of Investments Mercury Limited that in terms of the judgment under appeal were cast upon the Attorney General … omissis … Therefore, the court costs of Mercury Investments Limited shall not be borne by the Attorney General but shall be borne by the respondent Roberta Grech.

Therefore, for the above-given reasons the appellant, whilst making reference to all the records of this cause and reserving to produce all evidence admissible at this stage according to the law, prays with respect that this Honourable Constitutional Court, reforms the judgement of the Honourable First Hall of the Civil Court (Constitutional Jurisdiction) in the names “Roberta Grech vs Attorney General et” (Application number 93/2016 SM) entered on the 14th day of November, 2017, by: (i) Confirming it in those heads wherein it was ruled that the delay in the proceeding number 349/2007 in the names Mercury Investments Limited vs Roberta Grech violated the right of Roberta Grech to a fair hearing within a reasonable time as protected under Article 39(2) of the Constitution of Malta and Article 6 of the European Convention, and (ii) Cancelling, revoking and annulling it with respect to the heads which liquidated and ordered the Attorney General to pay Roberta Grech compensation in the amount of €8,000 and where the Attorney General was ordered to pay the court costs of Mercury Investments Limited, and instead fixes the compensation due in an amount much less than €8,000 and orders that the court costs of Mercury Investments Limited be borne by Roberta Grech.

With the costs of this appeal to be borne by Roberta Grech

Appellant: The Attorney General, Office of the Attorney General, Il-Palazz, Triq ir-Repubblika, Valletta

Services: Roberta Grech (ID 314581M), Casa Blanca, Triq ix-Xiber, Swieqi

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 34, Riviera Mans, Flat 10, Triq il-Lampuka, Marsaskala, and the same Africa Trade Trust of 34, Riviera Mans, Flat 10, Triq il-Lampuka, Marsascala, on the 26th August 2016, Bank of Valletta plc of 1/5, Misraħ San Ġorġ, 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 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 453/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Maria Anna Cotton, the following publication was ordered for the purpose of effecting service on the interpellant Maria Anna Cotton in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Maria Anna Cotton (ID 175348M) of Flat 8, Blk 1, Triq l-Imsida, Gżira

By the present, Automated Revenue Management Services Limited (C46054) 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 €2,329.58, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law, regarding the bill number 101000170034 for the premises Flat 8, Blk 1, Triq l-Imsida, Gżira, which amounts to €2,329.68.

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 2524/2016 in the names Automated Revenue Management Services Ltd pro et noe vs Frederick Andre Cauchi, the following publication was ordered for the purpose of effecting service on the interpellant Frederick Andre Cauchi in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Frederick Andre Cauchi (ID 295684M) of Lilum Court, Flat 5, Triq Patri Wistin Born, Marsaskala

By the present, Automated Revenue Management Services Limited (C46054) 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 €6,238.72, which amount is sure, liquid and due and respresenting the balance due for the consumption of water and electricity, rent of water and electicity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to law, regarding the bill number 411000009483 for the premises Flat 5, Lilium Court, Triq Patri Wistin Born, Marsaskala, which amounts to €6,238.72.

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 given by the Court of Magistrates (Malta) on the 20th November, 2017, in the records of the judicial letter number 2689/17 in the names Commissioner of Value Added Tax vsAnthony Michael Giacomotto, the following publication for the purpose of service on the respondent was ordered in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Anthony Michael Giacomotto (ID 352884M) of Flat 6, Ent E, Triq Ġużè Ellul Mercer, Swatar/Msida (MSD 01), on the 3rd October, 2017, the Commisioner of Value Added Tax of Centre Point Building, Triq Ta’ Paris, Birkirkara, solicits you in terms of Article 59 of the Act XXIII of 1998 so that within two (2) days from the service of this act, you pay the amount of €9,077.08 representing the amount due by you as Value Added Tax according to the same act.

With costs and interest according to law from the the due date of the amount de quo till the date of effective payment.

This calling is being made for all intents and purposes of law, particularly, but not exclusively, in order to render executable, the executive title which the Commissioner of Value Added Tax has against you by means of a Notice notified to you.

In default, the interpellant informs you that he shall pass to execute the said executive title he has against you pro et noe by means of the opportune warrants without further notice.

So much so that you may know how to regulise yourself and to proceed

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 23rd January, 2018, in the records of the judicial letter number 4228/17, in the names Dr Michelle Tabone et noe vs Kyle Nani, the First Hall of the Civil Court ordered the following publication in terms of Article 187(3) of Cap. 12 for the purpose of effecting service on the respondent Kyle Nani.

In the First Hall of the Civil Court

To Kyle Nani (ID 212588M) of Flat 2, 47, Il-Kantuniera, Triq il-Gejża, Swieqi

By means of this present Dr Michelle Tabone (ID 138371M) as Bursar of his Excellency Monsignour Charles J. Scicluna, Bishop of Malta, Administrator of the Ecclesiatical Diocesan Entities of Malta, for and on behalf of the Venerable Confraternity of Our Lady of Carmel of Valletta, solicits you so that within one week you vacate the premises above mentioned and that is the premises number 21, Main Street, St Julians, and you leave it free and unencumbered in favour of the interpellant nomine and this particularly but not exclusively because you are keeping the same premises without any title at law.

If you remain in default, the interpellant nomine will have no alternative but to proceed against you according to law.

So much for your own guidance

With costs

applicant: Dr Michelle Tabone nomine, Kurja Arċiveskovili, Floriana

Notification: Kyle Nani – Flat 2, 47, Il-Kantuniera, Triq il-Gejża, Swieqi

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 26th February, 2018 of the Rent Regulation Board, in the records of the Application in the names Monica Ellul et vs Mosta Football Club, Application number 153/2017JD, the following publication was ordered for the purpose of effecting service on the respondent Mosta Football Club 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 Monica Ellul (ID 396048M) and Anton Scicluna (ID 860850M) vs Mosta Football Club as respresented by the President George Galea, General Secretary Michael Galea and the Treasurer Owen Vella, filed in the Rent Regulation Board, on the 14th November, 2017, the applicants Monica Ellul (ID 396048M) and Anton Scicluna (ID 860850M) requested with respect and confirmed on oath that:

The applicants are the co-owners of the premises number 38/40, Triq il-Kungress Ewkaristiku, Mosta, which premises they have inherited from their father Joseph Scicluna (see causa mortis Doc. E1 here attached);

That the same premises are leased to the respondent club Mosta Football Club at the daily rent of Lm1.75 (today equivalent to €4.08) payable every three months in advance and now it is €7.61 as it has increased as a result of the index of inflation and this according to the lease agreement dated 8th January, 1982, in the acts of Notary Dr Francis Micallef, a copy of which is attached and marked as Doc. E2;

That according to the same lease agreement, the premises in question were leased for a period of five years which should have started to run from the date that the temporary emphyteusis expired in accordance with a deed dated 4th March, 1965, in the acts of the same Notary Dr Francis Micallef (copy of which is attached and marked as Doc. E3). Consequently, the lease continued to be renewed from one year to the other every 1st April;

In the lease agreement in question, the following is stated with respect to the use and sub-lease of the premises in question: “it is to be exclusively used as the seat of the Mosta Football Club …” In addition: “6. The sub-lease of the premises whether in part or in full is prohibited”;

This means that the premises in question had to be used as a ‘club’to be used as the seat of the respondent Mosta Football Club and for no other further reason;

That recentely the applicants came to know that the respondent Mosta Football Club is not using the premises in question exclusively as a club (see extract from the website here attached and marked as Doc. E4). The applicants also learnt that the respondent sub-leased and/or assigned de facto and/or legally the same premises to third parties and this without the consent of the applicants and this as will be explained and proven in the course of these proceedings;

The respondent Mosta Football Club assigned and/or sub-let de facto and/or legally the same premises to third parties under the name Gianluca’s Ristorante e Pizzeria, and this as clearly results from the internet site and other sources and as will be proven during the procedeeings (see for example Doc. E5);

That the respondent Mosta Football Club, through itsrepresentative, was solicited several times, both by legal letters and also by judicial letters, because there was a manifest violation of the agreement in question, to return the premises in question to the applicants as owners but he remained in default (see copy of the judicial letter dated 30th January, 2017, here attached and marked as Doc. E6);

According to the report of the Architect Conrad Thake regarding the value of the lease and the market value of the property in question, he noted strucutral changes in the premises which changes were done without the consent of the owners (see copy of the report here attached and marked as Doc. E7 and Doc. E8);

It seems that there are structural changes in the premises without permit and that the premises are being used for a reason which is different to that for which it was let;

In addition, this amounts to a flagrant breach of the lease agreement and accordingly the applicants are requesting this Honourable Board to resume possession of the premises by the next renewal.

Therefore, as a result of the above mentioned, the applicants request with respect that this Honorable Board:

1. Declares that the respondent Mosta Football Club breached the conditions of the lease agreement in question dated 8th January 1982 before Notary Dr Francis Micallef;

2. Declares that there were changes in the destination of the premises and structural changes without permit;

3. Consequently authorises the applicant so that by the next installment they will not renew the lease in question and resume possession of the premises in question and this subject to an order to the respondent club and/or other third parties to vacate the premises and this under those orders that this Board deems fit and opportune to make in the circumstances.  

With costs including the costs of the judicial letter number 2068/016.

Applicant: Monica Ellul: 53, Triq il-Bies, San Ġwann SGM 1929.

     Anton Scicluna: 153, Sea Breeze, Flats 3/4, Triq San Pawl, St Paul’s Bay SPB 3415

Respondent: Mosta Football Club, 38/40, Triq il-Kungress Ewkaristiku, Mosta

Who receives this sworn application against him has to file a sworn reply within twenty (20) days from the date of notification, that his from the day when he receives it. If a sworn written reply is not being filed according to law within the time given, the Court will pass on to give its judgment according to law.

Thus, it is in the interest of who receives this sworn application to immediately contact a lawyer so the Court will hear what he has to say.

The sworn application in the names Monica Ellul et vs Mosta Football Club et noe, Application number 153/2017JD, has been postponed for hearing to the 19th April, 2018, at 9.15 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 29th 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).

Go plc (C 22334) of Triq Fra Diegu, Marsa MRS 1501, filed a Claim on the 1st September, 2017, whereby they asked the Tribunal to condemn Abraham Bezzina (ID 0248260M) of 2, Santa Rita, Triq il-Kbira, Mosta; and/or c/o Roma Car Hire, 82, Triq Toni Bajada, St Paul’s Bay; and/or Roma Car Hire, Ramon Perellos Street, St Paul’s Bay, to pay the plaintiff company the sum of €543.94, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 414/17KZ) is deferred on the 14th March, 2018, at 12.15 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Court of Magistrates (Malta) of the 9th January, 2018, the publication of the following extract was ordered for the purpose of effecting service on Emanuel Degiorgio in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 11th October, 2017, in the records of judicial letter with bills of exchange number 4332/2010 in the names United Acceptance Finance Limited (C 360) of Mizzi House, National Road, Blata l-Bajda vsEmanuel Degiorgio of 111, Flat 24, Triq San Ġużepp, Valletta, 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 4332/2010, the interpellant company rendered enforceable the bills of exchange amounting to €5,925.84 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 €5,925.84, 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 Caroline Farrugia Frendo, LLD

Notice number 302/17CFF

United Acceptance Finance Limited 

vs

Emanuel Degiorgio 

The Court,

Saw the application of the applicant dated 11th October, 2017;

Saw all the documents attached with the application;

Saw Article 253(e) of Cap. 12 of the Laws of Malta;

Orders that the same application be notified to the counter party Emanuel Degiorgio that has seven (7) days from the date of notification to submit a reply.

Schedules the application for hearing for the sitting of the 28th November, 2017, at 9.30 a.m., which is postponed to the 20th March, 2018, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

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 Ocean & Sky Logistics Limited (C 35012) vs. Seacrest Limited (C 46174), Sworn Application number 1027/2017 SM, it was ordered that service upon Seacrest Limited (C 46174) 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 Ocean & Sky Logistics Limited (C 35012) vs Seacrest Limited (C 46174) on the 10th day of November, 2017, Ocean & Sky Logistics Limited (C 35012) asked this Honourable Court to: 

1. Order the respondent company to pay the sum of €21,976.22 as for the value of various amounts advanced to it by the plaintiff company as results from the Statement of Account herewith attached and marked as Document OSL 1, which amount is now due and enforcable.

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

Applicant: Ocean & Sky Logistics Limited (C 35012), 69, Triq Patri Felician Bilocca, Marsa.

Services: P&J Co. Ltd (C 5153), ‘Penmarric’, Old Railway Road, Birkirkara.

The Sworn Application in the names Ocean & Sky Logistics Limited (C 35012) vs Seacrest Limited (C 46174) was deferred for hearing to the 20th day of March, 2018, at 9.00 a.m.

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 Court of Appeal (Superior Jurisdiction), entered on the 10th day of November, 2017, in the records of the Sworn Application in the names Joseph Micallef (ID 51290M) pro et noe vs Lesya Micallef née Grinisha (ID 57062A), Sworn Application 229/2014 RGM, it was ordered that service upon Joseph Micallef (ID 51290M) pro et noe 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 Joseph Micallef (ID 51290M) pro et noe vs Lesya Micallef née Grinisha (ID 57062A) on the 14th day of June, 2017, Lesya Micallef née Grinisha (ID 57062A) respectfully submitted:

That this Application is an appeal from a decision of the Civil Court (Family Section) entered on the 25th day of May, 2017, in the above-cited names; 

That by means of a Sworn Application the plaintiff demanded as stated in the abovementioned Application of Appeal; 

That by means of a Sworn Reply the respondent pleaded as reproduced in the said Application of Appeal;

That by means of a judgement of the Civil Court (Family Section) in the above-cited names, the Court upheld the first five claims of plaintiff in the manner indicated in the abovementioned Application of Appeal, rejected the sixth claim of the plaintiff and rejected the pleas of the defendant. In view of the circumstances of the case, the court costs remain between the parties;

That the abovementioned Application of Appeal gives a summary of the facts of the present case;

That the applicant felt aggrieved by the decision of the Honourable Court in the above-cited names entered on the 25th day of May, 2017, and this specifically by that part where it upheld in part the fifth demand of the applicant … omissis … That the appellant’s grievance is clear and manifest and consists in the following: That the appellant does not oppose that the father be entrusted the care and custody of the child, but she is against that all decisions concerning the minor be … omissis … taken exclusively by the father alone, and the fact that the Honourable Court of First Instance declined to set days and times for the appellant to access the minor … omissis … The appellant wishes that all decisions concerning the minor, in particular those of an extraordinary nature and of travel be taken jointly by the appellee and the appellant. The appellant also wishes that this Honourable Court fixes the days and times for her access to the minor … omissis … 

Therefore the applicant whilst referring to the Records of the cause, reserves to make all the observations it deems fit, to produce all evidence admissible according to the Law at this stage, prays with respect that this Honourable Court upholds the grievance of the appellant and reforms the judgement under appeal in the names Joseph Micallef pro et noe vs Lesya Micallef née Grinisha (Sworn Application 229/2014 RGM) as follows: 1) Confirm it wherein it upheld the first demand, the second demand, the third demand and the fourth demand; 2) Confirm it wherein it rejected the sixth demand, and 3) Revoke and cancel the rest.

With the costs of both instances against the appellee

Appellant: Lesya Micallef née Grinisha (ID 57062A)

Dolmen Court, Apt. 33, Triq il-Kurazza, St Paul’s Bay

Services: Joseph Micallef (ID 51290M) pro et noe, Kirlene, Triq Patri Ġużè Delia, Mosta

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

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 23rd January, 2018, in the records of the judicial letter number 2901/17 in the names Jason Camilleri vs Charlton Caruana et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Charlton Caruana in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

to

Charlton Caruana of Briffa, Flt 4, Triq Lyyda, Ħal Qormi

and

Alison Anne Ellul

By means of this present Jason Camilleri (ID 88576M) of 6, Santa Pod Raceway, Triq San Gabriel, Ħal Balzan, Malta, firstly makes reference to the promise of sale signed by you which is going to expire tomorrow tenth (10th) August, 2017, in the records of Notary David Joseph Borg by means of which you obliged yourselves to buy and acquire the property that is found in Santa Pod, Triq San Gabriel, Ħal Balzan, free and unencumbered, with all the rights and appurtenances as described in the promise of sale already mentioned.

Secondly, for all the effects and purposes of law, by means of this present, the interpellant informs you that he is accepting the extension of the promise of sale for a period of one month from the expiry date of the promise of sale and if within the said time frame, the relevant bank fails to honour the application, the interpellant would be in a position to withdraw the deposit as made by you and deposited with the aforementioned Notary. 

If you fail to comply with the above, you are formally being solicited to appear for the signing and publication of the relevant deed within the stipulated time limit.

This letter is being made in terms of article 1357(2) of Cap. 16.

You are being informed that if you do not comply with the above mentioned he will proceed further against you.

So much so that you will know how to regularise yourselves and how to proceed.

With costs

ALEXANDRA DEBATTISTA

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 Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153), Sworn Application number 65/2018 JZM, it was ordered that service upon P&J Co. Ltd (C 5153) 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 Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153) on the 24th day of January, 2018, Christopher Caruana (ID 21378M) asked this Honourable Court, to allow his demands without proceeding to trial in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta and: 

1. Declare and hold that the applicant is a creditor of the respondent in the sum of €69,635.84 representing the remaining balance for work performed and for the supply of material to the defendant by the applicant, in accordance with the contract of works existing between the parties;

2. Order the respondent to pay to the applicant the above indicated sum of €69,635.84.

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

Applicant: Christopher Caruana (ID 21378M), 42, Triq Ħal Bajda, Żejtun

Services: P&J Co. Ltd (C 5153), L&A Camilleri, St Thomas Street, Ħal Luqa

The Sworn Application in the names Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153) was deferred for hearing to the 27th day of March, 2018, at 9:00 a.m.

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

For the Registrar, Civil Courts and Tribunals

Notice, Registry of the Civil Court, First Hall

Whereas Salvina sive Sylvia Azzopardi Herbert (ID 105873M) filed an Application under oath (No. 226/2018/LSO) demanding Correction in the Act of Birth number 1058/1973 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

DKR 476/2017 – Variation of a Freezing Order

It is being notified that by a decree dated 18th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) following an application filed by Joseph Ciscaldi on the 12th January, 2018, Compilation number 575/2017 in the case:

The Police

(Inspector Malcolm Bondin)

(Inspector Raymond Aquilina)

versus

Alfred Camilleri, 42 years, taxi-driver, son of Carmelo and Imelda née MacKay, born in Tal-Pietà, Malta, on the 10th December, 1975, residing at Moncheri, Flat 1, L. Triq Zimenhof, Msida, Malta, and holder of Maltese identity card bearing number 0081876M.

The Court Authorized Joseph Ciscaldi (ID 651941M) to withdraw the vehicle Peugeot with registration number FDK 604 which is formally exhibited in the acts of these proceedings.

The publication of this order is being published in terms of Section 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, according to Article 5 of Cap. 373 of the Money Laundering Act of the Laws of Malta, in accordance with Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following a freezing order which publication was made on the 02nd January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) after a decree given on the 26th December 2017, 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 Alfred Camilleri.

MARIA DOLORES FENECH

Director, Criminal Courts and Tribunals

By a decree given by the First Hall Civil Court on the 28th of February, 2018, in the records of the Warrant of Prohibitory Injunction in the names Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153), Warrant of Prohibitory Injunction number 176/2018 SM, the following publication was ordered for the purpose of service of the respondent company P&J Co. Ltd (C 5153) in terms of 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 Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153) on the 1st day of February, 2018, Christopher Caruana (ID 21378M) respectfully submitted:

That the applicant has an interest that his rights be secured;

That the applicant, in order to secure his credit against the respondent, respectfully requests that this Court orders the issue of a warrant of prohibitory injunction against the respondent company restraining it from selling, alienating, transferring or disposing inter vivos whether by onerous or gratuitous title any property and in particular, 

The garages internally marked with the numbers 1, 2, 7, and 8 which are situated in the upper basement level i.e. -1 in the complex of garages accessible from a common unnumbered and unnamed entrance in Triq Ħal Millieri, Ħal Għaxaq, better described in abovementioned Application 176/2018 SM. 

And this so that the applicant secures the credit specified in the said Application 176/2018 SM i.e. in the amount of €69,635.84, balance of the price for work carried out by the applicant at the premises of the respondent as well as for the material provided as claimed in the cause with the same names (Sworn Application 65/2018)

Wherefore, the applicant respectfully requests that this Court orders the issue of the relative warrant of prohibitory injunction against the respondent.

Confirmed on oath before me after I have read to him the contents and in the presence of a witness to identity.

Republic of Malta

Court Warrant

To the Marshal of the Courts

Whereas the aforementioned application has been filed and it contains the elements required according to law for the issue of the orders herein contained; 

… omissis …

Given by the Civil Court, First Hall and witnessed by The Hon. Mr Justice Silvio Meli, LLD, Doctor of Laws.

Applicant:     Christopher Caruana (ID 21378M), 42, Triq Ħal Bajda, Żejtun

Respondent:     P&J Co. Ltd (C 5153), L&A Camilleri, St Thomas Street, Ħal Luqa

Execution: Director of the Public Registry, Valletta

The Application in the names Christopher Caruana (ID 21378M) vs P&J Co. Ltd (C 5153) was put off for hearing to the 25th day of April, 2018, at 10.30 a.m.

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

For the Registrar, Civil Courts and Tribunals