Court Notices published in Govt. Gazette No. 20,045 of 24th August 2018

By a decree ofthe Small Claims Tribunal of the 22nd May, 2018, the publication of thefollowing extract was ordered for the purpose of service in terms of Article187(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 27th April, 2018,whereby they asked the Tribunal to condemn Shaw Kriss (ID 457701A) of VictoriaCourt, Block B, Flat 2, Triq ir-Rattan, Mellieħa, to pay the plaintiff companythe sum of €1329.49, which amount is due to the plaintiff company.

With costs andlegal interests

The case (Claimnumber 177/18PA) is deferred on the 19th September, 2018, at 12.30 p.m.

ALEXANDRADEBATTISTA

For theRegistrar, Civil Courts and Tribunals

Republic of Malta

To the Marshallof the Court

By means of adecree given by this Court on the 9th July, 2018, following a request by TeutaBakalli it was ordered that deputy curators be chosen to represent the absentFisnik Bakalli, in the Mediation proceedings with reference number 861/18AL inthe names Teuta Bakalli vs deputy curators and in all other relative andsubsequent acts.

By means of aMediation application, filed in the Civil Court (Family Section), in the namesTeuta Bakalli (British Passport 513866764) residing at Apt. 3, 181, Sapienza Court,Triq is-Swieqi, Swieqi SWQ 3417, vs Deputy Curators to represent the absentFisnik Bakalli, on 6th July, 2018, the applicant Teuta Bakalli declares that:

She is an Englishcitizen and was married to Mr Fisnik Bakalli, a British national, from whom shehas been declared legally divorced on the 18th May, 2016;

The applicant andMr Bakalli have two daughters … omissis …;

The applicantmoved to Malta together with her daughters in October 2016, and the parties’daughters started attending San Andrea School in November that same year;

Upon suchapplication being made, St Martin’s College has requested the consent andsignature of Mr Bakalli;

Mr Bakalli isrefusing to answer the applicant’s emails and texts about this matter. Theapplicant has no other means by which to contact Mr Bakalli because since hewas evicted from the former matrimonial home by Court Order on the 23rd May,2018, respondent has refused to provide applicant with his current address –indeed, Mr Bakalli even refused to give his address to the UK Family Court, asis evidenced by the relative Financial Order, a copy of which is herebyattached and marked as Doc. TB1;

Mr Bakalli’srefusal to give his consent for his daughter … omissis … to attend St Martin’sCollege is highly prejudicial at this point, since the minor child, who hasfully settled in Malta, is very eager to attend this school, as is evidenced byher statement, hereby attached and marked as Doc. TB2. The matter is ofparticular urgency because the number of students at St Martin’s College isrestricted and registration is on a first come first served basis;

The currentimpasse of communications with Mr Bakalli makes it also amply clear that it isabsolutely essential, in the minor child’s best interests, that applicant begranted sole custody of the two minor children, in order to formalise a situationwhich has been obtained, de facto, since the parties separated de facto in June2015;

In view of thefact that the parties and their children do not understand or speak Maltese,but are English speaking, it is being humbly requested that these proceduresare carried out in the English language.

Therefore, theapplicant respectfully asks that the abovementioned be brought to the attentionof the Honourable Civil Court (Family Section) and that the same HonourableCourt appoint a mediator in accordance with Article 9(2) and 4(3) of LegalNotice 397 of 2003.

Notification:

ChristopherSchembri, San Andrea School, Imselliet, Żebbiegħ

You are thereforeordered to affix an official copy of these banns at the entrance of thisSuperior Court and to summon whosoever wishes to act as curator to appearbefore this registry within six days and by means of a minute to submit adeclaration that he wishes so to act.

You are alsoordered to inform each one that if he fails to make this declaration within thestipulated time, the Court will proceed to the selection of Curators of Office.

And after soacting or if you should encounter any difficulty in the execution of this bann,you are to inform forthwith this Court.

Given by theCivil Court (Family Section), abovementioned, with the witness of the Hon.Chief Justice Joseph Azzopardi LLD, Doctor of Laws.

ALEXANDRADEBATTISTA

For theRegistrar, Civil Courts and Tribunals

Notice is herebygiven that by a decree of the Court of Appeal (Superior Jurisdiction), enteredon the 13th day of June, 2018, in the records of the Sworn Application in thenames Alf. Mizzi & Sons (Marketing) Ltd (C 8692) vs More Supermarkets(Ħamrun) Limited (C 57252) et, Sworn Application 16/2015 JZM, it was orderedthat service upon Christian Delia (ID 337568M), Kurt Camilleri (ID 371984M),and Adrian Agius (ID 328078M) be made by this publication as provided in Article187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of anApplication of Appeal filed in the Court of Appeal (Superior Jurisdiction), inthe names Alf. Mizzi & Sons (Marketing) Ltd (C 8692) vs More Supermarkets(Ħamrun) Limited (C 57252) et on the 17th day of July, 2017, Mario Schembri (ID979349M) respectfully submitted:

That by means ofa Sworn Application filed on the 9th day of January, 2015, the applicantcompany claimed as said in the abovementioned Application of Appeal;

That by means ofa Sworn Reply filed on the 27th day of February, 2015, Christian Delia and KurtCamilleri pleaded as given in the said Application of Appeal;

That by means ofa Reply dated the 13th day of March, 2015, the Deputy Curators Av. Yana MicallefStafrace and LP Francesco Catania pleaded as reproduced in the aforementionedApplication of Appeal;

That by means of their Sworn Reply of the 4th day of March, 2015, MoreSupermarkets (Ħamrun) Ltd and Josephine Casha as a curator of the absent DarrenCasha replied as given in the abovementioned Application of Appeal;

That MarioSchembri filed his Sworn Reply on the 30th day of March, 2015, and pleaded asstated in the aforementioned Application of Appeal;

That by ajudgement of the 27th day of June, 2017, the Civil Court, First Hall disposedof the cause in the manner described in the said Application of Appeal;

That theappellant Mario Schembri felt aggrieved by the abovegiven decision and thus ishumbly filing this appeal therefrom;

The grievance ofthe applicant is clear and manifest and is as follows: (1) The issue of theabsence of legal interest … omissis … That the appellant respectfully submitsthat an assignment of credit between Derfla Limited and Alf. Mizzi & Sons(Marketing) Limited should have taken place so as to legally, and in the spirit of the judgement of the Civil Court, FirstHall ‘Angelo Spiteri vs Giuseppe Zammit et’ cited in the abovementionedApplication of Appeal, the company Alf. Mizzi & Sons (Marketing) Limitedacquires not only interest but also a right to legally act against theappellant. In the absence of such an assignment of credit no ‘internalagreement’ between the two companies is equivalent to an assignment of credit,and therefore the only company that has the legal interest to act is DerflaLimited which had issued the invoices in respect ofMore Supermarkets (Ħamrun) Limited… omissis…; (2) The validity of the credit application form as an agreement… omissis…Since the creditor company remained Derfla Limited, for the reasons given inthe abovementioned Application of Appeal, it therefore follows that thepersonal guarantee was thus granted to Derfla Limited and not to Alf. Mizzi& Sons (Marketing) Limited; and (3) The release of the defendants ChristianDelia, Kurt Camilleri and Adrian Agius from the current proceedings by means ofa note filed on the 20th day of April, 2015, and the reduction of the sumsought from More Supermarkets (Ħamrun) Limited, Ryan Schembri, Mario Schembriand Darren Casha to €250,625.25c from €350,625.25c … omissis … That thereforethe ruling that More Supermarkets (Ħamrun) Ltd, Ryan Schembri, Mario Schembriand Darren Casha pay €250,625.25c is excessive vis-à-vis the appellant MarioSchembri because in actual fact Mario Schembri is being forced to pay more thathis share of the total debt;

Therefore theappellant, while making reference to the evidence already submitted and whilereserving to submit further evidence permissible by law at this stage,respectfully asks this Honourable Court to cancel and revoke the judgemententered by the Civil Court, First Hall on the 27th day of June, 2017, in theabove cited names by rejecting the claims of the appellee company and upholdingthe pleas of the appellant Mario Schembri with the costs of both instancesagainst the appellee company.

Appellant: MarioSchembri (ID 979349M)

Services:Christian Delia (KI 337568M), 15, La Guaria, Triq Onorato Bres, Ta’ Xbiex

Kurt Camilleri(ID 371984M), 82, Curt, Triq Santa Monica, Paola

Adrian Agius (ID328078M), 11, Massabielle, Triq il-Victoria Lines, Naxxar

ADV. DOTT.FRANK-LUKE M. ATTARD CAMILLERI LLD

For theRegistrar, Civil Courts and Tribunals

Notice is herebygiven that by a decree of the Civil Court (Family Section), entered on the 10thday of July, 2018, in the records of the Application in the names Dionisiussive Dennis Deguara (ID 79368M) vs Frances sive Francielle Deguara (ID421168M), Application 203/18 RGM, it was ordered that service upon Frances siveFrancielle Deguara (ID 421168M) be made by this publication as provided inArticle 187(3) et sequitur of Chap. 12 of the Laws of Malta.

By means of anApplication filed in the Civil Court (Family Section), in the names Dionisiussive Dennis Deguara (ID 79368M) vs Frances sive Francielle Deguara (ID 421168M)on the 24th day of April, 2018, the applicant Dionisius sive Dennis Deguara (ID79368M) asked this Honourable Court to in terms of Article 66B of Chap. 16 ofthe Laws of Malta and saving the hearing of the parties as provided in Article66C of the same Chap. declare that the condidtions stipulated in the saidArticle 66B are satisfied and pronounce the divorce of the parties as provided inthe said Article 66C.

With court costs

Applicant:Dionisius sive Dennis Deguara (ID 79368M)

Services: Francessive Francielle Deguara (ID 421168M)

Żerniq, Triq C. Manchè, Ħ’Attard

The Applicationin the names Dionisius sive Dennis Deguara (ID 79368M) vs Frances siveFrancielle Deguara (ID 421168M) was put off for hearing to the 9th day ofOctober, 2018, at 10.00 a.m.

ADV. DOTT.FRANK-LUKE M. ATTARD CAMILLERI LLD

For the Registrar,Civil Courts and Tribunals

DKR 117/2018 –New Freezing Order

It is beingnotified that by a decree dated 19th August, 2018, given by the Court ofMagistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr JosephMifsud LL.D) Compilation number 521/2018 in the case:

The Police

(Inspector JosephXerri)

Versus

Mandy Cassar, 29years, daughter of Paul and Maria Dolores neé Conti, born in Tal-Pietà, Malta,on the 6th December, 1988, residing at No. 46, Benvenio, Triq il-Markiż J.Scicluna, Swieqi, Malta, and holder of Maltese identity card bearing number567688M.

Ordered theattachment in the hands of third parties in general of all monies and othermovable property due to or pertaining or belonging to Mandy Cassar andprohibits the said accused from transferring, pledging, hypothecating orotherwise disposing of any movable or immovable property and this according toArticle 22A of Cap. 101 of Dangerous Drugs Ordinance of the Laws of Malta, ofsection 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Courtauthorised the said accused to continue to receive as salary the amount thatdoes not exceed thirteen thousand, nine hundred and seventy-six euro andtwenty-four cents (€13,976.24) per year.

Any person whoacts in contravention of the court order mentioned in Section 23A referred toabove 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 andeighty-seven cents (€11,646.87), or to imprisonment for a period not exceedingtwelve months, or to both such fine and imprisonment.

Any transfer orother disposal of any immovable property made in contravention of the saidCourt order shall be null and without effect at law.

DR JOHN SEYCHELLNAVARRO

DIP. HLTHSCIENCE, DIP. MGMT STUD., DIP. NOT. PUB., LLB, LLD

Assistant Registrar,Criminal Courts and Criminal Tribunals

IT IS hereby notified that by an application filed in the Court ofMagistrates (Gozo) Voluntary Jurisdiction on the 13th of July, 2018(Application number 83/2018JVC) Maurice Muscat and others requested the openingof the Succession of Pietro Paolo sive Peter Paul Muscat, was a pensioner,husband of Maria Muscat, son of the late Francesco Muscat and Carmela née Said,born and who used to reside in Nadur, Gozo, died in Victoria, Gozo, on thetwelfth (12th) of September two thousand and seventeen (2017), intestate, whichopening of succession is to be made in favour of his wife Marija Muscat as toone half (1/2) undivided share and the other one half (1/2) undivided share infavour of his three children in equal undivided share amongst them, that is,Maurice Muscat as to one sixth (1/6) undivided share, Francis Muscat as to onesixth (1/6) undivided share and John kwown as Ganni Muscat as to one sixth(1/6) undivided share.

Wherefore, anyperson who considers to have an interest in the matter is hereby called upon toappear before the said Court and to bring forward his objections hereto by aminute to be filed within fifteen days from the posting of the banns.

Dorianne Cordina

For the Registrar,Gozo Courts and Tribunals

DKR 322/2013 –Cancellation of a Freezing Order

It is beingnotified that following a decree dated 12th July, 2016, given by the Court ofMagistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Neville Camilleri,LLD) Compilation number 730/2013 in the names:

The Police

(InspectorMalcolm Bondin)

(InspectorJonathan Ferris)

(Inspector PierreGrech)

versus

Martin Cachia, 59 years, fisherman, son of the late Michael andJosephine neè Aquilina, born in Tal-Pietà, Malta, on the 29th of March, 1959,and deceased on the 16th January, 2016, in Ħaż-Żabbar, Malta, and resided at57, Goya, Triq Sant’ Antnin, Marsaskala, Malta, and holder of identity card no.235859M.

Stated that allcriminal procedures were being extinguished following the demise of theaccused.

As criminalproceedings against Mr Cachia are therefore terminated, and by virtue ofArticle 22A(2)(b) a freezing order remains in force until the finaldetermination of the proceedings, such freezing order can be cancelled for alleffects at Law.

This publication is being made following another publication dated 9thAugust, 2013, following a decree dated 3rd August, 2013, of the Court ofMagistrates as a Court of Criminal Inquiry (then Mag. Dr Edwina Grima LLD)where the Court ordered the attachment in the hands of third parties in generalall monies and other movable property due or pertaining or belonging to MartinCachia and prohibited them from transferring or otherwise disposing of any movableor immovable property and this according to Section 22A of the Dangerous DrugsOrdinance, Cap. 101 of the Laws of Malta and section 23A of the Criminal Code,Cap. 9 of the Laws of Malta.

DR JOHN SEYCHELLNAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals

DKR 118/2013 –Cancellation of a Freezing Order

It is beingnotified that following a decree dated 5th December, 2016, given by the Courtof Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr JosephMifsud LLD) Compilation Number 239/2013 in the names:

The Police

(Inspector MarioHaber)

versus

Martin Cachia, 59years, fisherman, son of the late Michael and Josephine neè Aquilina, born inTal-Pietà, Malta, on the 29th of March, 1959, and deceased on the 16th January,2016, in Ħaż-Żabbar, Malta, and resided at 57, Goya, Triq Sant’Antnin,Marsaskala, Malta, and holder of identity card no. 235859M.

Stated that allCriminal Procedures were being extinguished following the demise of theaccused.

As criminalproceedings against Mr Cachia are therefore terminated, and by virtue ofArticle 22A(2)(b) a freezing order remains in force until the finaldetermination of the proceedings, such freezing order can be cancelled for alleffects at Law.

As thetermination of any further criminal proceedings against the above Martin Cachiabrings into effect the lifting of the Freezing Order, and this publication isbeing made following another publication dated 6th June, 2013, following adecree dated 13th May, 2013, of the Court of Magistrates as a Court of CriminalInquiry (Dr Neville Camilleri LLD) following another publication dated 9thApril, 2013, following a decree dated 5th April, 2013, of the Court ofMagistrates as a Court of Criminal Inquiry (then Mag. Dr Edwina Grima LLD)where the Court ordered the attachment in the hands of third parties in generalall monies and other movable property due or pertaining or belonging to MartinCachia and prohibited them from transferring or otherwise disposing of anymovable or immovable property and this according to Article 5 of Cap. 373 ofthe Money Laundering Act of the Laws of Malta, of section 23A of the CriminalCode, Cap. 9 of the Laws of Malta.

DR JOHN SEYCHELLNAVARRO

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

Assistant Registrar, Criminal Courts and Criminal Tribunals