Court Notices published in Govt. Gazette No. 20,010 of 15th June 2018

By decree given by the Civil Courts First Hall on the 9th May 2018, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 17th July, 2018, at half past eleven in the morning (11.30 a.m.) has been fixed for the sale by auction, to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

The property named DVM Showroom officially numbered two hundred sixty-four and two hundred sixty-five (264/265) in Triq Fleur-de-Lys, Birkirkara. This property consists of a block of offices on two levels, a cellar under the ground floor level, a washroom and a roof with its airspace in the second level. The ground floor level is subject to an annual and perpetual ground rent of three euro and eighty-two cents (€3.82), and the first floor including its own airspace is subject to an annual and perpetual ground rent of seven euro and sixty-five cents (€7.65). The property is valued at three hundred and ten thousand euro (€310,000).

The said tenement is the property of Cini Etienne (ID 432577M).

N.B. The said tenement will be sold as described in the Judicial Sales Act 46/2015

RUDOLPH MARMARÀ

For Registrar, Civil Courts and Tribunals

DKR 235/2015 – Variation of a Freezing Order

It is being notified that by a decree dated 10th May, 2018, given by the Court of Magistrates as a Court of Criminal Inquiry - (Magistrate Dr Neville Camilleri, LLD) after an application filed by Salvu Farrugia on the 4th April, 2018, Compilation number 1197/2014 in the case:

The Police

(Inspector Rennie Stivala)

Versus

Antonio Farrugia;

Gaetano Farrugia;

Raymond Farrugia;

Salvu Farrugia, 63 years, Director, son of the late John and Lucia née Galea, born in Ħamrun, Malta, on the 15th June, 1954, residing at number 2, Mayflower, Fawwara Street, Santa Venera, Malta, and holder of Maltese identity card bearing number 463454M;

and

Emanuel Farrugia

The Court Authorized the accused Salvu Farrugia to redeem the investment BP211.2 with account number 5000169 for the amount of eight thousand, nine hundred and ten euro (€8,910) and this amount is to be transferred in a bank account subject to the freezing order.

The publication of this order is being published in terms Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta following another decree which was given by the same Court on the 27th March, 2018, following another decree which was given by the same Court on the 8th March, 2017, and published in the Government Gazette of the 14th March, 2017, following another publication which decree was given on the 8th March, 2016, and published in the Government Gazette on the 22nd March, 2016, following another publication which decree was given on the 19th May, 2015, and published in the Government Gazette on the 2nd June, 2015, and following a freezing order given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Miriam Hayman, LLD) on the 5th May, 2015, and published in the Government Gazette on the 14th May, 2015, 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 Antonio Farrugia, Gaetano Farrugia, Raymond Farrugia, Salvu Farrugia and Emanuel Farrugia.

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 – Variation of a Freezing Order

It is being notified that by a decree dated 16th May, 2018 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri, LLD) following an application filed by Paul Mallia on the 6th April, 2018, 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, Braille Street, Santa Venera, Malta, and holder of Maltese identity card bearing number 174885M.

The Court Authorized Paul Mallia to in his possession the truck Isuzu Elf with registration number KBJ 343.

This variation was made 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 following a freezing order dated 24th March, 2018 given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Yana Micallef Stafrace, LLD) whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Austin Mallia.

DR JOHN SEYCHELL NAVARRO 

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 71/2006 – Variation of a Freezing Order

It is being notified that by a decree dated 14th May, 2018, given by the Criminal Court of Appeal (Superior Court) presided by Mr. First Justice Dr Joseph Azzopardi, LLD, Mr. Justice Dr Joseph Zammit McKeon, LLD, and Madame Justice Dr Edwina Grima, LLD, following an application filed by The Society HSBC Bank Malta on the 26th January, 2018 (Bill of Indictment number 9/2015) in the case:

The Republic of Malta

Versus

Isaac Anthony Ugochukwu Unigwe, 38 years, son of Clement and Cecilia née Chanda, born in Nnewi (Nigeria) on the 1st December, 1979, residing at Bliss, Triq l-Istasija St Andrew’s, Malta, and holder of Identity Card bearing number 25514A and holder of passport (Federal Republic of Nigeria) number A3344051A.

The Court Authorized the Society HSBC Life Assurance (Malta) Limited to continue to receive the payments on the life insurance policy bearing number 310-004200, belonging to the accused Isaac Anthony Ugochukwu Inigwe together with third parties.

This variation was made 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 following another variation dated 8th October, 2013, and following a freezing order dated 11th April, 2013, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Miriam Hayman, LLD) and published in the Government Gazette of the 16th April, 2013, whereas the Court ordered the attachment in the hands of third parties in a general manner, all monies and other movable and immovable property which may be due to or belonging to Isaac Anthony Ugochukwu Unigwe.

DR JOHN SEYCHELL NAVARRO 

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 80/2018 – New Freezing Order

It is being notified that by a decree dated 05th June, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry  (Magistrate Dr Neville Camilleri, LLD) Compilation number 355/2018 in the case:

The Police

(Inspector Frank Anthony Tabone)

Versus

Wilhelm Petronella Franciscus Hendriks, 54 years, in I-gaming, son of the late Frans Hendriks and Anne née Theeuwen, born in Wanssum Holland on the 4th, August, 1963, residing at Porto Palo, Block B, Flat 21, Triq Buġibba, St Paul’s Bay, Malta, and holder of a Dutch passport bearing number NM73KPBB0.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Wilhelm Petronella Franciscus Hendriks and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to 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. 

The Court Authorized the accused Wilhelm Petronella Franciscus Hendriks to receive the amount authorized by law which is thirteen thousand, nine hundred and seventy- six euro and twenty-four cents (€13,976.24) 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.

DR JOHN SEYCHELL NAVARRO 

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

Notice, Registry of the Civil Court (Family Section)

Whereas the plaintiff Joseph Zammit (ID 369345M) filed an application under oath (No. 121/18 AL) demanding Corrections in the Act of Birth of Joanne Massa number 4986/1974 and in the Acts of Birth of her four children numbers 622/1998, 3586/1999, 1626/2002 and 1438/2004 in the Public Registry. 

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

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

By order of the Court

RITA MANGION

For Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 23rd March, 2018, 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).

Kenneth Cefai for and on behalf of Learnkey Limited (C 21652) of 83, Triuq Mannarino, Birkirkara, filed a Claim on the 17th May, 2018, whereby they asked the Tribunal to condemn Sabrina Grima (ID 208178M) of Roma Court, Block A, Flat 6, Triq Evelyn Bonaci, Birkirkara, to pay the plaintiff company the sum of €920 which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 98/18AM) is deferred on the 21st June, 2018, at 12.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 23rd May, 2018, in the records of the Sworn Application, in the names Sultana Joseph Lewis vs Simbre Sultana Norma, Application number 196/18 AL, the following publication was ordered for the purpose of service of the respondent Norma Simbre Sultana, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, presented, in the Civil Court (Family section) in the names Joseph Lewis Sultana (ID 26468M) vs Norma Simbre Sultana (ID 293207L) on the 20th April, 2018, the applicant Joseph Lewis Sultana, respectfully pleaded:

1. That the parties were married in Malta, on the 7th July, 2001, and from this marriage no children were born;

2. That the parties had separated from each other by means of a contract published by Nutar Ritienne Bugeja Fenech, on the 11th June, 2003;

3. … omissis …;

4. That there is no reasonable prospect for reconciliation between the parties;

5. That thus there exist the conditions contemplated in Article 66B of Cap.16 of the Laws of Malta and thus the applicant respectfully prays that this Honourable Court saving the hearing of the parties pronounce the divorce between the parties, as contemplated in Article 66C of Cap. 16 of the Laws of Malta.

Applicant: 39, Triq Sir Ugo Mifsud, Ħal Lija

Respondent: Caro House, Triq il-Luzzu, St Paul’s Bay

The Sworn Application in the names Sultana Joseph Lewis vs Simbre Sultana Norma, Application number 196/18 AL, was deferred for hearing to Tuesday, the 3rd July, 2018, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal (Inferior Jurisdiction) in the records of the Application in the names Azzopardi Stefan vs The Planning Authority et, Application 1/18 MCH, the following publication was ordered for the purpose of service of the respondent Catherine Weinburg, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Appeal Application, Following the Judgement of the Environment and Planning Review Tribunal of the 21st December, 2017, in the names Stefan Azzopardi vs The Planning Authority and the party called into the cause Catherine Weinburg, Appeal 214/16 MS, PA 3682/15, on the 8th January, 2018, the applicant Stefan Azzopardi (ID 380879M) respectfully pleaded:

1. That this application is an appeal from a judgement given by the Environment and Planning Review Tribunal in the names premised on the 21st December, 2017;

2. That on the 19th February, 2015, the party called into the cause Catherine Weinburg brought forward an application for development with the Planning Authority (PA) and this in connection with the premises 3, Triq Dingli Cornelio, Isla, which application was given the number PA 3682/15;

3. That by means of a letter the interpellant appellant objected to the request for development brought forward by the respondent;

4. That despite of the object of the appellant the respondent authority upheld the demand for the issuing of the development permit of Catherine Weinburg with number PA 3682/15;

5. That the applicant appellant felt aggrieved by this decision and thus on the 9th August, 2016, filed an appeal before the Environment and Planning Review Tribunal;

6. That the respondent Authority by means of a reply filed on the 9th September 2016 (Doc. B) contended that the appeal should not have been upheld;

7. That the Environment and Planning Tribunal after seeing the records of the proceedings and after hearing the pleadings of the parties on the 21st December, 2017, decided the appeal brought by the appellant by rejecting it and this because,

From an examination of the records of the proceedings of the present application and from the proof provided in the records of this Tribunal, it could be concluded that the Authority considered various estetic aspects of the zone as stated in this application,

… omissis …

For these motives this Tribunal is rejecting the Appeal and confirming the permit PA 3682/15;

8. The facts in brief are the following:

i) That on the 19th February, 2015, the party called into the cause Catherine Weinburg brought the development application with the Planning Authority (PA) and this in connection with the premises 3, Triq Dingli Cornelio, Isla, which application was given the number PA 3682/15,

ii) That by means of a letter the applicant appellant objected to the development request brought by the respondent since the proposed developmenmt was going to irremediably vary the skyline of the zone … omissis … and went against the sanitary law that regulated the height of buildings in connection with the width of the street,

iii) That the respondent Authority still granted the development permission requested to the respondent,

iv) That the respondent appellant brought the appeal before the Environment and Planning Review Tribunal;

9.That the interpellant felt agġieved by the preceeding decision and is filing this humble appeal therefrom.

10. That the grievance of the appellant is clear and manifest in so far as the Honourable Tribunal of First Instance made a wrong application of the law in so far as it decided on the grievance brought forward by the appellant in regard to the subject of health Cap 10 of the Laws of Malta and consequently the same Tribunal did not have the competence to review the decision regarding health.

From a look at the same law which the Honourable Tribunal of First Instance made reference Legal Notice 227 of 2016, one quickly notes that the decision taken by the Honourable Tribnal of First Instance as regards the complaint of health was erroneous and mistaken at law.

… omissis …

Infact, the case in examionation fell within the parameters of Art 1(2) (b) whereby if the applicant despite that her application shall have been validated before the entry of in force of the regulation in question, she failed to ask the Authority within the term indicated so that her application be considered within the parametres of Cap. 10 of the Laws of Malta.

From the records it does not result that the applicant made such a request to the Authority and thus the application had to be considered under the regulations which came into force by Legal Notice 227 of 2016.

Thus, in view of the premised the applicant appellant, whilst referring to the records of the proceedings, it reserves to make all the reasonable observations and to bring forward all the proof admissible according to law at this stage, respectfully prays that this Honourable Court, uphold the first grievance of the appellant and cancel, revoke and annul the judgement of the Environment and Planning Review Tribunal, in the names’ Stefan azzopardi vs The Planning Authority and the person called into the cause Catherine Weinburg’ decided on the 21st December, 2017, and consequently cancel and annul the development permit with number PA 3682/15, with costs of both instances against the respondents.

Whereas the written procedures in the cause before the Court of Appeal, between Stefan Azzopardi vs The Planning Authority and the party called into the cause Catherine Weinberg, have been closed the Court fixed the hearing of the cause on Tuesday, twentieth of February, 2018, at 9.00 a.m., and deferred to the 15th March, 2018, at 9.00 a.m. and deferred to the the 24th April, 2018, at 9.00 a.m. and deferred to the 19th June, 2018, at 9.00 a.m.

Notify Respondent: 81, Triq Dingli Cornelio, Senglea

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th May, 2018, in the records of the judicial letter number 966/18 in the names Carmelo Stivala Group Limited vs Carmelo Buttiġieg, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Carmelo Buttiġieg in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To:Carmelo Buttigieg (ID 13361M) of Blitz, Triq Ġużè Duca, Ħal Qormi

By means of this present the company Carmelo Stivala Group Limited (C-62625) of 143, The Strand, Gżira, whilst making reference to the deed of sale dated 19th February 2018 in the records of Notary Dr Robert John Muscat and by means of which the interpellant company bought and acquired the portion of land of about 475 square metres which formed part of the premises number 16, 17 and 18 in Triq Parisio, Gżira/Tas-Sliema, which portion of land has a facade on Triq Parisio and another on Triq Moroni, and bounded from the south east with Triq Parisio, from the North with Triq Moroni and from the East with the garden of Villa Bonici property of third parties with all its rights and appurtenances, for which deed of sale you failed to appear and this notwithstanding that you had obliged yourself so to do by means of a promise of sale signed by you on the 28th April, 2016, with the consequence that your share that is one of seventy two (1/72) from the above mentioned property was not transferred by means of the deed of sale above mentioned.

That the interpellant company does not wish to remain in co-ownership with you, and thus by means of this present is soliciting you so that within one week from when you receive this judicial letter, you come forward for the publication of the deed by means of which you sell, assign and transfer to the interpellant company the portion of land above mentioned.

In default it will proceed against you according to law.

This judicial letter is being made in terms of article 889 of Cap. 12 of the Laws of Malta.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 17th April, 2018, 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).

Vodafone Malta Limited (C 10865) of Skyparks Business Centre, Malta International Airport, Ħal Luqa LQA 4000, filed a Claim on the 18th January, 2018, whereby they asked the Tribunal to condemn Patrick Pullicino (ID 97865M) of Ta’ Manni, Triq San Leonardu, Xgħajra, to pay the plaintiff company the sum of €772.18, which amount is due to the plaintiff company.

With costs and interests

The case (Claim number 37/2018PA) is deferred on the 19th June, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of the 17th April, 2018, 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 Diego, Marsa MRS 1501, filed a Claim on the 8th March, 2018, whereby they asked the Tribunal to condemn Gianfranco Cristaldi (ID 76731A) of L. Spiteri, Flat 1, Triq Villabate, Ħaż-Żabbar, to pay the plaintiff company the sum of €1390.89, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim number 92/18PA) is deferred on the 19th June, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 22nd of May, 2018, and after a judgement given by Hon. Lorraine Schembri Orland on Application number 853/2016/LSO, Thursday, 12th July, 2018, at half past ten in the morning (10.30 a.m.) has been fixed for the Sale by Auction to be held on the First Floor, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Property numbered 38-39 in Triq Hilda Tabone, Vittoriosa, free and unencumbered valued at €100,000.

Property numbered 58 in Triq Hilda Tabone, Vittoriosa valued at €200,000.

Property numbered 59 in Triq Hilda Tabone, Vittoriosa, free and unencumbered and rented for the sum of €157 annualy. The property is valued at €120,000.

Property numbered 60 in Triq Hilda Tabone, Vittoriosa, free and unencumbered and rented as a store for the sum of €30 annualy. The property is valued at €50,000.

Property numbered 8 in Telgħa tal-Foss, Vittoriosa. The property is rented for the sum of €200 annualy and valued at €250,000.

Property numbered 9 in Telgħa tal-Foss, Vittoriosa. The property is rented for the sum of €8 annualy and valued at €60,000.

Property numbered 19 in Triq id-Dejqa, Vittoriosa. The property is rented for the sum of €12 annualy and valued at €60,000.

Property numbered 20 in Triq id-Dejqa, Vittoriosa. The property is rented for the sum of €92 annualy and valued at €70,000.

The said tenement is the property of Micallef Stafrace Dr Yana et noe.

N.B. The said tenement will be sold as described in the acts of judicial sales number 16/2018.

RUDOLPH MARMARÀ

For the Registrar, Civil Courts and Tribunals