Court Notices published in Govt. Gazette No. 20,090 of 16th November 2018

ARB/C012/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 9th November, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Caroline Farrugia Frendo LLD). Customs Case: 

The Police 

(Inspector Rennie Stivala)

Versus

JAMES AZZOPARDI, 29 years, son of Raymond and Josephine née Sammut, born in Tal-Pietà, Malta on the 13th of March, 1989, residing at 144, Sunset, Triq il-Ħelsien, Ħal Qormi and holder of Maltese identity card bearing number 132889M;

REDEEMER CAMILLERI, 24 years, son of Rudy and Michelle née Webster, born in Tal-Pietà, Malta on the 22nd of September, 1994, residing at 152, Triq Azzopardi, Marsa and holder of Maltese identity card bearing number 519594M;

AND

JAMES SPITERI, 29 years, son of Richard and Theresa née Azzopardi, born in Tal-Pietà, Malta on the 12th of January, 1989, residing at 28, Pjazza San Franġisk, Ħal Qormi and holder of Maltese identity card bearing number 45289M. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to JAMES AZZOPARDI, REDEEMER CAMILLERI and JAMES 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 the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and of Section 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta. 

Any person who acts in contravention of the court order mentioned in Article 5 and Section 23A (2) 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. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

ARB/C013/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 12th November, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 131/2018 in the case: 

The Police 

(Inspector Yvonne Farrugia)

Versus

KSENIJA KOJOVIC, 34 years, unemployed, daughter of the late Ljubomir and Slavica née Brakocevic, born in Smederevo, Serbia on the 22nd December, 1983, residing at Lunar Court, Flat 3, Triq Sant’ Antnin, St Paul’s Bay and holder of Serbian passport bearing number 012923618 and Maltese identity card bearing number 174183A. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to KSENIJA KOJOVIC and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to Section 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

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. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

ARB/C014/2018 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 14th November, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 716/18 in the case: 

The Police 

(Inspector Yvonne Farrugia)

Versus

ANGELO DISTEFANO, 32 years, son of Alfio and Nella née Calanna, born in Catania, Sicily, on the 23rd October, 1986, residing at Via Pedara 13 PL1, Catania and holder of Italian identity card bearing number AU4077274 and personal identification number DSTNGL86R23C351E. 

ORDERED the attachment in the hands of third parties in general of all moneys and other movable or immovable property due to or pertaining or belonging to ANGELO DISTEFANO and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according to 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 and/or social benefits the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year after the accused indicates with a note from where they are perceiving this money.

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. 

THE DIRECTOR, ASSET RECOVERY BUREAU

On behalf of the Registry of the Courts of Criminal Jurisdiction (Malta)

By means of a decree given by the Civil Court First Hall, on the 29th October, 2018, in the records of the Application in the names Unique Turnkey Limited (C 37841) vs 518 Active Aging Limited (C 68868) et, Application Number 804/18 SM, the following publication was ordered for the purpose of service of the respondent company Unique Turnkey Limited previously Unique Construction & Developers Ltd and Abdel Karim Ahmad as secretary of the company Uniquie Turnkey Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of Application, presented in the First Hall Civil Court, in the records of the Garnishee Order in the names Unique Turnkey Limited (C 37841) previously Unique Constructioin & Developers Ltd vs 1. 518 Active Aging Limited (C 68868) and 2. 518 Pharma Limited (C 66922) on 1 st August, 2018, the applicant 518 Active Aging Limited (C 68868) respectfully pleaded:

That on the 5th February, 2018, the applicant company asked and subsequently obtained the issuing of the above Garnishee Order against the respondent companies for the sum of five hundred seventy-seven thousand, eighty-five euro and eight cents (€577,085.08) allegedly due for works of construction and finishing carried out in the old age house in Vjal il-Ħaddiema, Rabat, Malta;

That subsequently this warrant was waived solely against the company 518 Pharma Limited and held against the company 518 Active Aging Limited;

That there exist valid reasons according to Article 836 of the Code of Organisation and Civil Procedure, Cap 12. of the Laws of Malta, why the warrant acbove mentioned should be revoked in parte as regards the interpellant namely in terms of Article 836(d) and (f).

… omissis …

That the global amount that the company Unique Trading Ltd recieved and which are to be deducted from the warrant in force amounts to €57,679.92;

That there exist valid reasons why the Precautionary Garnishree Order above mentioned is to be reduced to the remaining amount of €519,405.16.

Thus and for the reasons above mentioned the interpellant company humbly prays this Honourable Coiurt in terms of Article 836(d) and (f) of Cap. 12 of the Laws of Malta, to order the reduction of the amount seized by means of the Garnishee Order number 196/18 SM, in the names Unique Turnkey Limited (C 37841) previously Unique Construction & Developers Ltd vs 518 Active Aging Limited (C 678868) and 518 Pharma Limited (C 66922) in the amount of €57,679.92.

The Application in the names Unique Turnkey Limited (C 37841) vs 518 Active Aging Limited (C 68868) et, Application number 804/18 SM, has been deferred for hearing to the 29th November, 2018, at 9.00 a.m.

Service: 

Unique Turnkey Limited previously Unique Construction & Developers Ltd, Boma, Sqaq il-Muddurbu, Mqabba

Abdel Karim Ahmad as company secretary of Unique Turnkey Ltd, Coral, Triq Ras il-Ġebel, Xgħajra

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, in the records of the Garnishee Order, in the names Cornelia Schmid, Swiss passpoprt X2197788 vs Gernot Schmid, Swiss passport X4707079, Garnishee Order Number 974/18, on the 1st December, 2018, the following publication was ordered for the purpose of service of the respondent Cornelia Schmid, Swiss passport X2197788, in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall Civil Court

Following the Garnishee Order Number 945/17 LSO, issued on the 27th June, 2017, in the names Cornelia Schmid, Swiss passport X2197788 

vs

Gernot Schmid, Swiss passport X4707069

Application of Gernot Schmid (Swiss passpoprt X4707069)

Respectfully asks:

That this Honourable Court order the issuing of the opportune counter-warrant for the under mentioned reason.

Reason: Since a lawsuit was not presented within the term of twenty days.

Filed by Gernot Schmid, Swiss passport X4707069

Civil Court First Hall (MCH)

In the records of the counter-warrant of the Garnishee Order Number 974/2018, in the names:

Cornelia Schmid vs Gernot Schmid

The Court

Saw the application,

Ordered the service with fifteen (15) days to file a reply.

Counter-warrant

Republic of Malta

To the Court Marshall

Whereas following the execution of the warrant to which the above application refers and there are reasons according to law why the same warrant should not remain in force;

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith. 

Given by the Civil Court First Hall, above mentioned with the witness of the Honourable Madam Justice Miriam Hayman, above mentioned.

Respondent: Flat 7, St Julian’s Court A, Triq San Mark, St Julian’s

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 30th October, 2018, in the records of the Application in the names Commissioner for Revenue vs Lars Ake Nilsson, Application number 140/18 MH, the following publication was ordered for the purpose of service of the respondent Lars Ake Nilsson (ID 108762A), in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court, in the names Commissioner for Revenue vs Lars Ake Nilsson (ID 108762A) on the 20th February, 2018, the applicant Commissioner for Revenue respectfully pleaded:

That Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the German competent authority, otherwise the applicant authority, has made a claim for assistance to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the applicant authority of Sweden in the amount of forty-nine thousand, seven hundred and five euro and fifty-six cents (€49,705.56), as results from the Uniform Enforcement Instrument here attached and marked as Doc. A together with interest due by law;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed to the applicant Commissioner for Revenue in terms of Article 9 of the mentioned Legal Notice;

That the applicant is satisfied that the requisites imposed by the mentioned Directive have been met with respect to this claim for recovery;

That, furthermore, the respondent has a right to a translation of Doc. A into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. B to inform the respondent that he may request the mentioned translation within seven (7) days of service of Doc. A.

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the same Doc. A as official copy, such that said document constitutes executive title.

The Sworn Application in the names Commissioner for Revenue vs Lars Ake Nilsson (ID 108762A) bearing Application number 140/18 MH, has been deferred for hearing to the 12th December, 2018, at 9.00 a.m. 

Applicant: Commissioner for Revenue, Department of Inland Revenue, Floriana

Service: Fort Cambridgre, West 2, 14th Floor, Flat 1401, Triq Tigne, Tas-Sliema SLM 3175

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 28th May, 2018, Application number 800/2018 by Jessica Borg whereby she prayed that it be declared open in favour of Mason Mallia the succession of Sandro Mallia, bachelor, son of Carmelo Mallia and Carmen Mallia née Agius born in Tal-Pietà, Malta, resided in Mellieħa and died in Tal-Qroqq, Msida, Malta on the 6th March, 2018, aged 38, holding identity card number 0485779M. 

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 8th November, 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 8th November, 2018, in the records of sworn application bearing reference number 94/2018PC by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Fabio Azzopardi (ID 36066G), as a mandatory of the absent Mary Anne wife of Joseph Attard, and Angiolina wife of Leone Sultana holders of identity card numbers 16648G and 3846G respectively as duly authorised by virtue of a power of attorney herewith attached and marked as Document A versus Deputy Curators to be appointed to represent the unknown heirs of Mikelina née Galea, filed on the 6th November, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. He respectfully premised that: 

1. Victoria widow of Spiteri Serafin, daughter of the late Angelo Galea and Maria née Gauci, died in Victoria, Gozo on two (2) December two thousand and three (2003) - Doc. B;

2. She regulated her succession by virtue of two wills with her husband in the acts of Notary Antonio Galea of the 25th February, 1971, and 9th January, 1975, and another will in the acts of Michael Notary Realo of the 5th September, 1989 (Documents C, D, E, F u G); 

3. According to those wills she did not appoint any heirs, because the provision by which she nominated her husband as her heir was ineffective because he predeceased her. However she bequeathed by title of legacy to plaintiffs "her entire share of the land called “Tan-Nenus” in Xaghra, Gozo, bounded on the West by an alley and other sides by unknown persons”;

4. Victoria Spiteri died without issue and was therefore inherited by her siblings or their respective descendants per stirpes in equal shares between them;

5. Victoria Spiteri’s siblings were the following: Ganni and Giusepp who were born on 23 June, 1903, and who died respectively on 15 February, 1904, and 21 May, 1904, Ġużeppa born on 22 February, 1905, and died unmarried, and without issue, known as Sr Leonilda on 16 March, 1999; Mikelina born on 24 October, 1907, who emigrated to Australia back in the 1930s and later married to Clement Grech; and Carmela born on 28 September, 1913, and later married to Stephen Sultana, who died on 16 March, 1999, whereas her husband Serafin Spiteri had predeceased her as evidenced by a certificate issued by the Xaghra parish attached as Doc. S;

6. The applicant declared that he could not find the death certificate of Ganni Galea in the Public Registry but through searches in Xaghra Parish he has acquired a death certificate of a person designated as “Joanna filia Angelo Galea Galea et Mariae Gauci”;

7. The only sons of Carmela Carmela sive Sultana were said Mary Anne Attard and Sultana Angiolina;

8. The applicant does not have any information on the date of death of Mikelina, but presumes that she is dead, and he does not know whether Mikelina had any children, their names, and where they can be found, and even less about their identity;

9. Therefore the estate of Victoria Spiteri devolved as to one half in favour of Mary Anne Attard and Sultana Angiolina, and one half in favour of Mikelina or her unknown heirs;

10. The said Mary Anne Attard and Angiolina Sultana want to be put in possession of the legacy left in their favor by Victoria Spiteri, consisting of the land which is better shown on the attached Document T;

This Court is therefore being requested to:

1. Declare the inheritance of Victoria widow of Serafin Spiteri, daughter of the late Angelo Galea and Maria née Gauci, who died in Victoria, Gozo on two (2) December, 2003, open in favour of the said Mary Anne Attard and Sultana Angiolina in one half undivided share between them, and in favour Mikelina in the other half undivided quota;

2. Order you to appear on a contract whereby the said Mary Anne Attard and Angiolina Sultana are put in possession of all the share pertaining to the said Victoria Spiteri of the piece of land called “Tan-Nenus” in Xaghra, Gozo, bordering on the West with an alley as better indicated on the plan Document T, and this through Notary Maria Grima, or other notary in her stead, with the intervention of deputy curators to represent the eventual defaulters on that act at such day time and place as may be fixed by this same court.

   With costs

   With the subpoena against the defendants as of now

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 declaratory note to accept such an assignment and in default, this court will proceed to nominate an official curator.

And after doing this or if you encounter any difficulty in the execution of this warrant 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 a decree given by the First Hall Civil Court, on the 29th October, 2018, in the records of the Application in the names Commissioner for Revenue vs Sandro Sander, Application number 158/18 SM, the following publication was ordered for the purpose of service of the respondent Sandro Sander (ID 149415A), in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the First Hall Civil Court, in the names Commissioner for Revenue vs Sandro Sander (ID 149415A) on the 20th February, 2018, the applicant Commissioner for Revenue respectfully pleaded:

That EU Council Directive No. 2010/24/EU, namely the Mutual Assistance for the Recovery of Claims relating to Taxes, Duties and Other Measures Order of the 16th March, 2010, promotes and regulates collaboration between Member States in respect of recovery of tax or/and duties owed by debtors of one Member State, who are present in another Member State’s territory, and other measures;

That the Directive has been implemented in the Laws of Malta by virtue of the said Order transposed in Legal Notice 153 of 2012, which Order has come into force on the 1st January, 2012, and that permits the Minister responsible for Finance, otherwise the competent authority, to collect the tax owed in the name of other Member States where the debtor is present in Malta;

That in terms of the mentioned Directive, the competent authority of Germany, otherwise the applicant authority, has made a claim for recovery to the applicant Commissioner for Revenue, acting on behalf of the Minister responsible of Finance, so that the applicant recovers tax that is owed to the applicant authority;

That the respondent owes tax to the applicant authority of Germany in the amount of one hundred and fourteen thousand, three hundred and twenty-six euro, and forty-three cents (€114,326.43), as results from the Enforcement Instrument here attached and marked as Doc. A together with interest due in terms of the Income Tax Acts (Cap. 123 and 372 of the Laws of Malta) applicable from the date of notification of this application;

That the respondent has been indicated as being present in Malta and thus the applicant is hereby proceeding to collect the mentioned amount since the same debt is deemed to be owed in Malta in terms of Article 9 of the mentioned Legal Notice;

That, furthermore, the respondent has a right to a translation of the attached documents into any of the official languages of the European Union, or of the requested Member State if available. A document is being hereby attached and marked as Doc. B to inform the respondent that he may request the mentioned translation within seven (7) days of service of attached documents;

That the applicant is satisfied that as regards this claim for recovery all the relevant requisites of the Directive have been followed.

To that extent and in view of the above the applicant respectfully requests that in accordance to sub-articles 9(6) and (7) of the mentioned Legal Notice, this Honourable Court in the first instance orders a copy of this application together with the documents hereby attached and marked as Doc. A and Doc. B to be served upon the respondent according to Cap. 12 of the Laws of Malta, and in the second instance to order the registration of the document hereby attached and marked as Doc. A as official copy, such that said documents constitute executive title.

The Sworn Application in the names Commissioner for Revenue vs Sandro Sander, Application number 158/18 SM, has been deferred for hearing to the 29th November, 2018, at 9.00 a.m.

Applicant: Commissioner for Revenue, Department of Inland Revenue, Floriana FRN 0170

Service: 255, The Willows, Triq Wied il-Għajn, Ħaż-Żabbar ZBR 2704

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given on the 12th November, 2018, by the Civil Court (Voluntary Jurisdiction Section) in the application number 1682/18 filed on the 30th October, 2018, by Miriam Catania and others whereas they prayed this Honourable Court to declare absent and nominate a curator for the absent Henry Southernwood, son of the late Charles Southernwood and Giovanna Southernwood née Calleja, born in St Julian’s, Malta on the 28th February, 1951, holding identity card number 0197451M, who has been absent from these Islands and no news about him was ever heard, to administer his assets and to take all the necessary orders to safeguard all his property, this Court ordered the issuing of this Notice, in terms of Article 194 et sequitur of Cap. 16.

Whosoever has any news of the existence of the said Henry Southernwood is required to communicate it to the Registrar Civil Courts (Voluntary Jurisdiction Section) for the information of the said Court, within one month from the day of the publication of this Edict in the Government Gazette.

By order of the Court above mentioned

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree given by the Civil Court First Hall, on the 25th October, 2018, in the records of the Sworn Application in the names Mifsud Cachia Adv. Doctor Lorna noe vs Ariadne Capital Group Limited (C 76955) the following publication was ordered for the purpose of service of the respondent company Ariadne Capital Group Limited (C 76955) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court (Applicant) in the names Advocate Doctor Lorna Mifsud Cachia (ID 507477M) in her capacity as special mandatary of the foreign company Albany Trustee Company Limited in its capacity of fiduciary (trustee) of Monte Bre Settlement vs Ariadne Capital Group Limited (C 76955) on the 17th July, 2018, the applicant Advocate Doctor Lorna Mifsud Cachia, in her capacity premised asked this Honourable Court:

1. To decide this cause without proceeding to a hearing in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. Declare that the respondent company is a debtor of the applicant nomine or either of whom in the amount of fifty thousand euro (€50,000) and condemn the respondent company to pay the said amount with legal interest to pass from the date of presentation of this application, till the date of effective payment.

With costs, as demanded against the respondent company summoned so that a reference to its evidence be made

The Sworn Application in the names Mifsud Cachia Adv. Doctor Lorna noe vs Ariadne Capital Group Limited (C 76955) Application number 756/18 RGM, has been deferred for hearing to the 29th November, 2018, at 9.00 a.m.

Applicant: Albany Trustee Company Limited, Newport House, 15, The Grange, St Peter Port, Guernsey GY1 2QL

Respondent: Ariadne Capital Group Limited, International Business Office Services, Level 1, Vision Exchange Building, Territorials Street, Mrieħel, Birkirkara BKR 3000, Malta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 2nd November, 2018, in records of the Warrant of Prohibitory Injunction, in the names Farrugia Adrian vs Farrugia née Otsuka Shii, Warrant number 246/18 JPG, the following publication was ordered for the purpose of service of the respondent Shii Farrugia née Otsuka, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Applicaction, filed in the Civil Court (Family Section) in the names (Applicant) Adrian Farrugia (ID 0259579M) vs (Respondent) Shii Farriugia née Otsuka (ID 0148815A) on the 19th October, 2018, the applicant Adrian Farrugia respectfully pleaded:

That the interpellant has an interest that the minor hereunder mentioned is not taken away from Malta;

That the respondent is a person who has or may have the legal or actual custody of the said minor;

Thus the interpellant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction against the respondent whereby he is ordered from taking or permitting anyone to take the said minor abroad;

Details of the minor: … omissis … copy of the birth certificate of the minor hereby annexed as Document A and copy of the photo of the minor Doc. B.

That the applicant is proceeding against the respondent by means of a letter of mediation number 1092/18.

Confirmed before me under oath after I read its contents and in the presence of as witness of identity and filed by PL M. Anastasi.

Warrant of Prohibitory Injunction to stop a person from taking a minor outside Malta

Republic of Malta

To the Court Marshall

Whereas the above application was presented and there recur all the necessary elements according to law for the under mentioned orders.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court (Family section) Hon. Madam Justice Jacqueline Padovani Grima LLD LLM (IMLI), Doctor of Laws.

 Applicant: 148, Fair Oaks, Triq il-Baltiku, San Ġwann

Respondent: Sun Stone, Block A, Apartment 4, Triq il-Majjera, Qawra

Execution: 

1. Official in charge of granting passports, Valletta

2. Official in charge of granting passports, Malta International Airport, Gudja

3. Commissioner of Police, Floriana

4. Director of Ports, Marsa

5. Consulate General of Japan, 38, Misraħ Sir Luigi Preziosi, Floriana.

The Application Warrant of Prohibitory Injunction in the names Farrugia Adrian vs Farrugia Otsuka Shii, Application Number 246/18 JPG, has been deferred for hearing to Friday, 16th November, 2018, at 12.00 p.m.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 29th October, 2018, on the application of Brian Cutajar noe, Wednesday, 23rd January, 2019, at noon (12.00 p.m.) has been fixed for the sale by auction, to be held on the first floor of these Courts of Justice, Triq ir-Repubblika, Valletta of the following items, as decreed on 23rd October, 2013, seized from the property of Salvatore Sive Salvu Cutajar (ID 375142M).

One hundred (100) ordinary shares within the company S.C. & Company Limited (C 6050).

N.B. The said objects will be sold as described in the acts of the judicial sale file number 32/11.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 30th October, 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 30th October, 2018, in the records of the schedule of deposit and concurrent redemption of ground rent number 282/2018 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by Joseph Grima, taxi driver, identity card number 62659G and Carmen Grima, housewife, identity card number 780759M whereby it was ordered that deputy curators be nominated in terms of law to represent the unknown third parties who are the owners of the direct dominium mentioned in the schedule of deposit, filed on the 29th October, 2018, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. They respectfully premised:

That the applicant Carmen Grima is the owner of an undivided parcel of land known as ‘’Ta’ Peppusina’’ in the area denominated Birbuba, limits of Gharb, Gozo measuring approximately forty-seven square metres (47m2) bounded on North and West by property of Joseph Mizzi or his successors in title and on the South by her own property. This parcel of land forms part of the premises bearing official number nineteen (19) in Triq Birbuba, Għarb, Gozo of which was assigned to the applicant Carmen Grima by virtue of a deed of partition and donation published on the twenty-ninth (29th) of August of the year two thousand and eight (2008) in the records of Notary Enzo Dimech (a copy of which is annexed to the said schedule of deposit and marked as Document A);

This divided parcel of land which today is the property of Carmen Grima used to form part of two larger parcels of land known as “Ta’ Peppusina’’ in the area denominated Birbuba, limits of Gharb, Gozo which in total measures three hundred and fifty-six square metres (356m2) the whole is bounded on the North and East by property of Joseph Mizzi or his successors in title and South by property of the successors in title of John Saliba. These two parcels of land were acquired by John Saliba during his marriage with his wife Pauline Saliba (being the predecessors in title of Carmen Grima) by an onerous title of sale by virtue of a deed dated the twenty ninth (29th) of July, 1978, published in the records of Notary Dr Tonio Spiteri, a copy whereof is attached to the said schedule of deposit and marked as Document B);

That the two portions of land measuring circa three hundred and fifty-six square metres (356 m2) are subject to the total of ten cents of the Maltese lira (Lm0.10) being a non-revisable annual perpetual ground rent which today is equivalent to twenty-three euro cents (€0.23) as results from the same deed dated the twenty ninth (29th) of July of the year nineteen seventy-eight (1978) as above mentioned published in the records of Notary Tonio Spiteri; 

That although in the deed of the twenty ninth (29th) of August, 2008, published in the records of Notary Enzo Dimech there was no reference to the portion of land measuring approximately forty-seven square metres (47m2) forming part of the premises bearing official number nineteen (19), Triq Birbuba, Għarb, Gozo, subject to a payment of ground rent, it results that in actual fact this property is subject to its rate of ground rent burdening in its entirety of two portions of land measuring approximately three hundred and fifty-six square metres (356m2) since it forms part of these two portions;

That therefore the relative share of portion of land measuring approximately forty-seven square metres (47m2) property of Carmen Grima from the ground rent burdening in its entirety the two portions of land that in total measures three hundred and fifty-six square metres (356m2) is of three euro cents (€0.03);

That arrears of the ground rent for these last five years are due, which arrears of ground rent amount to fifteen euro cents (€0.15);

That the applicants wish to avail themselves of the faculty given to them by virtue of article 1501 of the Civil Code, Cap. 16 of the Laws of Malta, and redeem this ground rent to three euro cents (€0.03) burthening the portion of land measuring approximately forty-seven square metres (47m2) as described above in this schedule of deposit.

Thus the applicant wishes to exculpate himself from any responsibility and redeem this ground rent and it is humbly calling upon this Honourable Court and under its authority is depositing the global sum of seventy-five euro cents (€0.75) representing as for the amount of fifteen euro cents (€0.15) being arrears of the original ground rent and as to sixty euro cents (€0.60) the redemption of this ground rent of the property above described. The amount deposited may be freely withdrawn by whoever has such right on condition that they tender due receipt according to law for the amount received in total settlement and satisfaction.

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 declaratory note to 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 this Bann you are to inform forthwith this Court.

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

Superior Jurisdiction, General Section

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals