Court Notices published in Govt. Gazette No. 19,974 of 6th April 2018

By means of an Application filed in Civil Court of Voluntary Jurisdiction Section, on the 17th October, 2017, Application number 1330/2017, by Bernard and Carmen spouses Busuttil, whereby Martin Busuttil holding identity number 17486(M), aged 32, bachelor, born in Tal-Pietà on the 10th November 1985 and residing in Ħal Għaxaq, 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 13th day of March, 2018, in the records of the Sworn Application in the names Carmelo Gauci (ID 526783M) et vs Carmelo Grima (ID 19848G) et, Sworn Application 81/2011JA, it was ordered that service upon Paul Abdilla (ID 358460M) 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 Carmelo Gauci (ID 526783M) et vs Carmelo Grima (ID 19848G) et on the 13th day of November, 2017, Mario Borg (ID 90965M) pro et noe respectfully submitted:

That by means of a Sworn Application, filed on the 26th day of January, 2011 the plaintiffs asked the Honourable First Hall, Civil Court, as reproduced in the abovementioned Application of Appeal; 

That by means of a Sworn Reply filed on the 24th day of March, 2011, the defendant Mario Borg pleaded as given in the aforementioned Application of Appeal;

That by means of a judgement entered by the First Hall, Civil Court on the 27th day of October, 2017, the Honourable Court of First Instance ruled as follows: For these reasons, the Court upholds the pleas of the defendants Vassallo and Abdilla and non-suits them, with their expenses to be borne by the plaintiffs. Rejects the pleas of the other defendants and upholds the claims of the plaintiffs vis-a-vis them. For the purposes of the second claim the Court fixes a time limit of two months. The Court designates AIC Valerio Schembri to supervise the works. The remaining expenses are to be borne by the other defendants; 

That the appellant felt aggrieved by the above-cited judgement and is humbly filing this appeal; 

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

That the grievances are the following: 1) The land the appellants entered into a promise of sale agreement on was not occupied by the plaintiffs and thus there could never be an act of spoliation … omissis … From the pictures it is clear that the land is abandoned and filled with rubble and weeds … omissis … All this indicates that the plaintiffs had no possession of the land in question … omissis … Since there was no possession there can never be spoliation!; 2) The appellants had not committed any act of spoliation and therefore the Honourable Court of First Instance could not condemn the applicant … omissis … In fact from the evidence produced in Court it results that: a) The land always remained virgin as found. No works were carried out on it … omissis … , and b) The appellant never designated or authorised third parties to carry out works on the land in question … omissis … It follows therefore that the appellants could never be condemned of having committed spoliation; 3) In November 2010 (3 months prior to the filing of this lawsuit) the appellants waived any right they had on the land and therefore: (i) Today they hold no power over the land in question, and (ii) They have no interest to excavate or execute any works thereon … omissis … , 4) The judgment of the Court of First Instance was inconsistent when it non-suited the defendants Jimmy Vassallo and Paul Abdilla but not the appellants … omissis … , and 5) The plaintiffs failed to submit the evidence to the degree required by law … omissis … 

For these reasons, the appellants are humbly asking this Honourable Court of Appeal to annull, cancel and revoke the judgement entered by the Honourable Court of First Instance and while it rejects the claims of the plaintiffs, upholds the pleas of the appellants. 

With costs, including those of the judicial proceedings filed in the First Hall, Civil Court, against the appellees.

Appellant: Mario Borg (ID 90965M) pro et noe

Services: Paul Abdilla (ID 358460M), 121, Triq il-Kbira, Gudja

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

For the Registrar, Civil Courts and Tribunals

DKR 38/2018 – New Freezing Order

It is being notified that by a decree dated 24th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Yana Micallef Stafrace, LLD) Compilation number 189/2018 in the case: 

The Police

(Inspector Kevin Pulis) 

(Inspector Jonathan Cassar)

Versus

Michele Artale, 47 years, chef, son of the late Giuseppe and Giorgia née Campo, born in Ragusa, Italy, on the 29th September, 1970, residing at Jane Rey, Triq il-Klin, Iklin, Malta, and holder of Maltese identity card bearing number 122337A.

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 Michele Artale and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 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.

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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 39/2018 – New Freezing Order

It is being notified that by a decree dated 24th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Yana Micallef Stafrace, LLD) Compilation number 187/2018 in the case: 

The Police

(Inspector Kevin Pulis) 

(Inspector Jonathan Cassar)

Versus

Sandro Lo Presti, 47 years, son of Giuseppe and Lina née Campo, born in Ragusa, Italy, on the 20th June, 1974, residing at Sunshine Flats, Flat 2, triq Nuzzo, Ħamrun, Malta and holder of Maltese identity card bearing number 20453A.

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 Sandro Lo Presti and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 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.

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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 40/2018 – New Freezing Order

It is being notified that by a decree dated 24th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Yana Micallef Stafrace, LLD) Compilation number 188/2018 in the case: 

The Police

(Inspector Kevin Pulis) 

(Inspector Jonathan Cassar)

Versus

Austin Mallia, 33 years, son of Paul and Marcelle née Borg, born in Tal-Pietà, Malta, on the 14th March, 1985, residing at number 10, Casa Grindla, Triq Braille, Santa Venera, Malta, and holder of Maltese identity card bearing number 174885M.

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 Austin Mallia and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Article 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.

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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 42/2018 – New Freezing Order

It is being notified that by a decree dated 29th March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Gabriella Vella, LLD) Compilation number 203/2018 in the case:

The Police

(Inspector Anna Marie Xuereb)

(Inspector Elton Taliana)

Versus

Tania Borg, 35 years, employed, wife of Stephen, daughter of Anthony and Carmen neé Azzopardi, born in Rabat Malta, on the 25th June, 1982, residing at Notre Reve, Triq Xatbet l-Art, Ħ’Attard, Malta, and holder of Maltese Identity Card bearing number 389282M.

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 Tania Borg 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 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court Authorised the said accused to continue to receive as salary 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 23A 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.

DR JOHN SEYCHELL NAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

Banns for Curators

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 28th March, 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 March, 2018, in the records of the schedule of deposit and concurrent redemption of ground rent bearing number 59/2018 in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, upon an application filed by the applicant Guda Taddeo sive Teddie Buttigieg, a pensioner and a bachelor, son of the late Paul Buttigieg and the late Loreta née Debono, born in and residing in Qala, Gozo, identity card number 5357G, whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown person or persons who are entitled to receive the herein mentioned ground rent in the schedule of deposit and redemption of ground rent bearing number 59/2018 in names “Guda Taddeo sive Teddie Buttigieg versus deputy curators to represent the unknown person or persons who are entitled to receive the herein mentioned ground rent in the schedule of deposit and redemption of ground rent” filed on the 27th March, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. 

Whereas the applicant is the owner of a plot of land known as Ta’ Muxi, in the limits of Qala, Gozo, measuring circa nine hundred and sixty-one square meters (961sq.m.) bounded on the North West by a passageway through which this land is accessed, South East with another passageway and North East by property of the family Buttigieg or its successors in title, which property was acquired by virtue of a deed dated the second (2nd) October, 1995, in the records of Notary Michael Refalo, which land is better shown on the site plan annexed to the said schedule of the deposit. 

Whereas this land is subject to the rate of two euros and sixty-eight cents (€2.68c) equivalent to the defunct currency of one Maltese lira and fifteen cents (Lm1.15) annual and perpetual ground rent. 

Thus, the applicant is redeeming this ground rent and thus is humbly calling upon this Honourable Court and under its authority is depositing the global amount of sixty-six euro and ninety-nine cents (€66.99) representing the amount of fifty- hree euro and fifty-nine cents (€53.59) as the price of ground rent as well as the sum of thirteen euro and forty cents (€13.40) representing the arrears of the previous five years of ground rent, which amount of money may be freely withdrawn by the entitled respondent as mentioned above as long as due receipt according to law is tendered.

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 doing 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 Paul Coppini, LLD, a Magistrate of the said Court.

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 15th March 2018, Application number 396/2018, by Gina Mucci D’Agostino, whereby Crescenzo sive Chris Mucci holding identity number 0109441A, son of the late Nicola and Maria née De Abbata, born in Cleveland Ohio, United States of America, on the 9th March, 1932, aged 85, and residing in Tas-Sliema, was interdicted by means of a decree given on the 23rd March, 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 9th March, 2018, Application number 360/2018, by Benedicte Annette Isabelle, Maxime Theodoor Paul, Philippe Antoine Marie, Melchior Jean Philippe and Florence Francoise Catherine, brothers and sisters van den Bergh whereby they prayed that it be declared open in their favour in the quota of one fifth (1/5) undivided share each one of them the Succession of Olivier Albert Paul van den Bergh, bachelor, son of Albertus Henricus Maria and Elisabeth Johanna Maria Koets, born in Roosendaal en Nispen, Holland, resided at Mellieħa, Malta, and died in Amsterdam, Holland, aged 50 holding Maltese identity card number 51549A.

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

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 29th day of March, 2018, and this after a written plea numbered 44/18, Ordered:

The correction of the Act of Death of Emmanuele Ciantar, bearing number 519 of the year 2018, in the column entitled ‘Name and surname of parents, and whether living or dead’, the word ‘(Dead)’ following the words ‘neè Bonello’, is to be removed.

JANET CALLEJA

F/Registrar, Court Of Revision of Notarial Acts

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 29th day of March, 2018, and this after a written plea numbered 43/18, Ordered:

The correction of the Act of Death of Isobel Margaret Anderson, bearing number 510 of the year 2018, in the column entitled ‘Name and surname of parents, and whether living or dead’, the words ‘Rowina Norrie Neè’ are to be removed and substituted with the correct name ‘Robina’.

JANET CALLEJA

F/Registrar, Court Of Revision Oof Notarial Acts

It is hereby notified that in virtue of the powers conferred on it by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 26th day of March, 2018, and this after a written plea numbered 30/18, Ordered:

The correction of the Act of Death of Maria Saliba, bearing number 235 of the year 2018, in the columns entitled ‘Date of the Act’ and ‘Cause, place and time of death and place of burial’ the number ‘28’ is to be cancelled and substituted with the correct date ‘20’.

JANET CALLEJA

F/Registrar, Court Of Revision Of Notarial Acts

By a Decree of the 29th March, 2018, given by the First Hall, Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 22nd March, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial Sale by Auction 38/17 in the names J. Zammit Limited vs Richard Azzopardi (ID 870M) and Hanane Azzopardi (ID 33546A) held under the Authority of the said Court on the 21st March, 2018.

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the 29th January, 2018 given by the first hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187(3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C37945) on the 22nd March, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial Sale by Auction 38/17 in the names J. Zammit Limited vs Richard Azzopardi (ID 870M) and Hanane Azzopardi (ID 33546A) held under the Authority of the said Court on the 21st March, 2018.

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the 24th January, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 338(1) of the Code of Organization and Civil procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by Bank of VAlletta Limited (C2833) on the 18th January, 2018, the approval of the said judicial acts is being demanded for the amount of €4,000 following judicial Sale by Auction 163/04 in the names Bank of Valletta Limited (C 2833) vs Louis Pace et (ID 871952M) et held under the Authority of the said Court on the 11th January, 2018.

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

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals

DKR 37/2018 – New Freezing Order

It is being notified that by a decree dated 21st March, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Anthony G. Vella, LLD) Compilation number 154/2018 in the case:

The Police

(Inspector Joseph Busuttil)

(Inspector John Spiteri)

Versus:

Peter Formosa, 63 years, director, son of Francis Xavier and Carmelina née Vinci, born in Floriana, Malta, on the 12th May, 1954, residing at Blanche, Flat 3, Triq il-Ġiebja, Swieqi, Malta, and holder of Maltese identity card bearing number 422754M;

Matthew Peter Formosa, 34 years, Director, son of Peter and Elizabeth née Zammit, born in Tal-Pietà, Malta, on the 10th September 1983, residing at the Ivies, Block D, Flat 3, Triq il-Mosta, Ħ’Attard, Malta, and holder of Maltese identity card bearing number 453883M;

and

Sarah Formosa, 31 years, director, daughter of Peter and Elizabeth née Zammit, born in Tal-Pietà, Malta, on the 18th September, 1986, residing at Highgrove, Flat 307, Triq il-Kwarta, Swieqi, Malta, and holder of Maltese identity card bearing number 421486M.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to JF Security Services (C 26649), JF Group (C 74013), JF Services Cleaning Ltd, JF Staffing Ltd (C 74017), JF Security and Consultancy Cervices Ltd (C 13768), JF Logistics Ltd (26650), JF Services Ltd (C 26648) and JF Investments Ltd (C 74018) and prohibits the said companies 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 Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court appointed Dr Andrew Borg Cardona to manage all the accounts of the above mentioned societies, namely to make sure that the employees’ wages are being paid and any tax due to the Government, from the same societies.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By a decree given on the 20th Novembru, 2017, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12):

By the application filed in the Civil Court First Hall on the 18th May, 2017, by R. Cam Company Limited (C 11052), judical sale file number 17/17 in the names R. Cam Company Limited vs Joseph Sciberras (ID 548644M) is being asked that the Court orders the Sale by Auction of the:

The grave in the parish of Qrendi cemetery known as ‘Tal-Bandieri’ in Triq taż-Żurrieq, Qrendi, marked with the letter I and numbered fifteen (15).

The said tenement is the property of Joseph Sciberras (ID 548644M).

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals