Court Notices published in Govt. Gazette No. 20,140 of 22nd February 2019

ARB/C011/2019 – NEW FREEZING ORDER 

IT IS BEING NOTIFIED that by a decree dated 19th February, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry – (Magistrate Dr Donatella Frendo Dimech LLD). Compilation Number 93/2019 in the case: 

The Police 

(Inspector Jonathan Cassar)

(Inspector Roxanne Tabone)

Versus

JOHAN SULTANA, 37 years, son of Martin and Teresa née Cassar, born in Tal-Pietà, Malta on the 4th of January, 1982, residing at 91, Manoel BSMT, Triq il-Parilja, Santa Venera and holder of Maltese identity card bearing number 47882M.  

AND

PAWLINA CUTAJAR, 25 years, daughter of John and Maria née Carabott, born in Tal-Pietà, Malta on the 7th of February, 1994, residing at Charles, Fl6, Triq Enrico Mizzi, Gżira and holder of Maltese identity card bearing number 83694M.  

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 JOHAN SULTANA and PAWLINA CUTAJAR 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, Chapter 101 of the Laws of Malta, and Section 23A of the Criminal Code, Chapter 9 of the Laws of Malta. 

The Court AUTHORISED the said accused to receive the amount authorised by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order mentioned in Section 22A and 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 a decree of the 7th February, 2019, 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 (Chapter 12).

That by application and a Schedule of set-off filed contemporaneously by A & J Baldacchino Boatyard Limited (C 17586) on the 6th February, 2019, the approval of the said judicial acts is being demanded for the amount of €6,000 following judicial sale by auction 7/18 in the names A & J Baldacchino Boatyard Ltd (C 17586) vs Paul Philip Caruana (ID 524386M), held under the Authority of the said Court on the 30th January, 2019.

According to Article 338 (2) of Chapter 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.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 26th January, 2017, in the records of the Sworn Application in the names Fenech Adriano et vs All In One Group (C 74480), Sworn Application number 1181/16 RGM, the following publication was ordered for the purpose of service of the respondent company All In One Group (C 74480) and by decree of Court of the 8th January, 2018, a change was authorised in the name the respondent company in the sense that the name of the company is to read All In One Turnkey Services Ltd. The said company All in One Group (C 74480), now All In One Turnkey Services Ltd, is to be made in terms of Article 187(3) et sequitur of Cap.12.

By means of a Sworn Application, in the names Adriano and Fleur spouses Fenech (ID 237769M and 3839M respectively) versus All in One Group (C 74480) and by decree of Court of the 8th January, 2018, the name of the company became All In One Turnkey Services Ltd, on the 30th December, 2016, the applicant Adriano Fenech et asked this Honourable Court saving any necessary declaration:

1. To declare that the respondent company failed to carry out its obligations towards the plaintiffs and declare that the respondent company is to refund back the deposit paid to it in its entirety, liquidate the damages and the penalty due and condemn the respondent company to pay them back the sum so liquidated.

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

The Sworn Application in the names Fenech Adriano et vs All In One Group (C 74480), Sworn Application number 1181/16 RGM, has been deferred for hearing to the 28th February, 2019, at 9.30 a.m.

Notify Respondent Company: All in One Turnkey Services Ltd, M41, Lourdes Lane, Triq Gian Nicola, San Ġwann, Malta

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 6th November, 2018, in the records of the Sworn Application in the names Vella Bernardina vs Vella Martin, Application Number 963/18 LSO, the following publication was ordered for the purpose of service of the respondent Martin Vella, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the Civil Court First Hall in the names Bernardina Vella (ID 1434723M) vs Martin Vella (ID 109666M) on the 28th September, 2018, the applicant Bdernardina Vella (ID 1443472M) asked this Honourable Court:

1. To dispose and proceed to give judgement in terms of Article 167 et sequitur of Cap. 12 of the Laws of Malta;

2. To declare and decide that the defendant does not have any valid title at law on the premises with official number sixteen (16) Triq id-Dejqa, Bormla, Malta and uphold the other demands in the application amongst which that he vacates the premises.

 Saving any action due to the applicant against the defendant summoned so that a reference to his evidence be made.

With costs against the defendant

The Sworn Application in the names Vella Bernardina vs Vella Martin, Application number 963/18 LSO, has been deferred for hearing to the 5th March, 2019, at 9.30 a.m.

Notify respondent: 16, Triq id-Dejqa, Bormla

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 4th February, 2019, in the records of the Application in the names Commissioner for Revenue vs Zilm Patrick, application number 156/18 MH, the following publication was ordered for the purpose of service of the respondent Patrick Zilm, 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 Patrick Zilm, 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 of 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 German applicant authority in the amount of seventeen thousand eight hundred sixty-seven euro and eighty cents (€17,867.80) as results from the Uniform Enforcement Instruments here attached and marked as Doc. A, together with interest due by law;

That the respondent has been indicated as being registered 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 company has a right to a translation of the same document 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 it may request the mentioned translation within seven (7) days of service of same document;

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, Doc. B, be served upon the respondent company according to Cap. 12 of the Laws of Malta, and in the second place to order the registration of the same Doc. A, as an official copy, so that the said document constitute executive title.

List of Documents: 

Doc. A – ‘Uniform Enforcement Instrument’ issued by the requesting authority of Germany;

Doc. B – Document that informs the respondent company of its right to request a translation of document ‘A’ annexed here.

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

Respondent: (1) 44, Flat 2, Triq l-Assedju l-Kbir, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Reġistrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 18th February, 2019, in the records of the Judicial Letter in the names Falcon Funds Sicav plc (SV 295) vs Roger Gordon Buckley, holder of Maltese identity card number 67268A, Judicial Letter 604/19, the following publication was ordered for the purpose of service of the respondent Roger Gordon Buckley (KI 67268A) and this for the purposes of Article 2130(2) of Cap. 16 of the Laws of Malta.

In the First Hall of the Civil Court

To: Roger Gordon Buckley, holder of Maltese identity card number 67268A

By the present, the sender company Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to the role which you had within Temple Asset Management Limited, a company registered in Malta, with registration number (C 52606) and to your direct and indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/or indirect, in a negligent and/or fraudulent manner, as well as lack of expertise and/or non observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance

With costs

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on the 7th February, 2019, on the application of Mizzi Joseph (ID117365M) et, Tuesday, 26 March, 2019, at eleven in the morning (11.00 a.m.), has been fixed for the Sale by Auction to be held in Room Number 78 (near the Courts Archives), Level -1, Courts Of Justice, Triq ir-Repubblika, Valletta, of the following property:

One fifth (1/5) of the undivided share of the plot of land measuring approximately of 176.5 metre squared. It consists of a portion of land that in its majority the land was planned as a street and public space. The area that is located in the development zone consisting only of a portion of fifteen metre squared, free and unencumbered valued at three thousand and five hundred euro (€3,500)

One fifth (1/5) of the undivided share of the house measuring approximately 183.8 metre squared, officially numbered thirty-five (35), with its overlaying and underlaying airspace, forming part of the land known as ‘Tal-Bajtar’ or ‘Ta’ Blat Abdilla’ in Triq Cospicua, Fgura, free and unencumbered, with all its rights and enjoyments, valued at twenty-eight thousand and five hundred euro (€28,500).

The said tenement is the property of Mizzi Raphaela known as Rafela (ID 46446M) in her own name and on behalf of Giuseppe sive Joseph Mizzi vacant inheritance

N.B. The said tenement will be sold as described in the acts of judicial sales number 18/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 18th February 2019, in the records of the Judicial Letter in the names Falcon Funds Sicav plc (SV 295) vs Barbaros Okten (Swedish passport number 88272333) Judicial Letter 605/19, the following publication was ordered for the purpose of service of the respondent Barbaros Okten (Swedish passport number 88272333) and this for the purposes of Article 2130(2) of Cap. 16 of the Laws of Malta.

In the First Hall of the Civil Court

To: Barbaros Okten (Swedish passport number 88272333)

By the present, the sender company Falcon Funds Sicav plc (SV 295) of TG Complex, Suite 2, Level 3, Brewery Street, Mrieħel, Birkirkara, refers you to the role which you had within Temple Asset Management Limited, a company registered in Malta, with registration number (C 52606) and to your direct and indirect involvement in a number of investments made on behalf of the same sender.

The sender also draws your attention to the various investments which have failed or which appear to be about to fail and this because of acts and omissions on your part, both direct and/ or indirect, in a negligent and/ or fraudulent manner, as well as lack of expertise and/ or non observance of the applicable laws and regulations and the violation of your obligations. In fact, consequent to your acts and omissions as above described, the sender suffered patrimonial damages and will suffer ulterior damages.

Therefore, while the sender company is formally placing you in mora, culpa et dolo for all effects and purposes of the law, it is hereby holding you responsible for all the damages suffered and which may be suffered as a consequence of your behaviour as above described and is presently calling upon you to appear within one month from today, for the liquidation of damages suffered by the sender and the payment of the same.

So much for your better guidance

With costs

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 12th February, 2019, on the application of Mediterranean Trading Shipping Company Limited (C 365), Monday, 25th March, 2019, at noon (12.00 p.m.) has been fixed for the Sale by Auction, to be held at Room Number 78 (near the Courts Archives), Level -1, Courts Of Justice, Triq ir-Repubblika, Valletta, of the following items seized from the property of M/V IMRAK.

Vessel ‘MV IRMAK’ registered in Zanzibar, Tanzania, with the number IMO 7514490, overall length 74.81 metres, depth 6.01 metres and breath 10.60 metres and dead weight 1581 tonnes.

N.B. The said vessel will be sold as described in the judicial sale acts file number 4/19.

MARVIC FARRUGIA

For the Registrar of Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 6th February, 2019, in the records of the Sworn Application, in the names Bank of Valletta plc (C 2833) vs Vicky Desira Schembri (ID 270682M), Application number 1181/18 RGM, the following publication was ordered for the purpose of service of the said respondent Vicky Desira Schembri, (ID 270682M) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the First Hsall Civil Court, in the names Bank of Valletta plc (C 2833) vs Vickly Desira Schembtri (ID 270682M) on the 28th November, 2018, the applicant Bank of Valletta plc asked this Honourable Court,

 1. To declare and decide that there occurred one or more of the events mentioned in the contract mentioned in the application Doc. A, particularly but not exclusively as Vicky Desira Schembri, a) failed to make the payments due to the interpellant company and was in default in the other obligations stipulated in the contract, condemn the said Vicky Desira Schembri, to pay the applicant company the sum of eighty-seven thousand seven hundred forty euro and forty-five cents (€87,740.45) balance of debt in the House Loan Accounts of the said Vicky Desira Schembri, with the Bank of Valletta plc together with further interest from the 9th November, 2018, till the date of effective payment.

With costs as demanded in the application against the defendant summoned so that a reference to her evidence be made.

The Sworn Application in the names Bank of Valletta plc vs Vicky Desira Schembri, Application number 1181/18 RGM, has been deferred for hearing to the 13th March 2019 at 9.45 a.m.

Applicant Company: Bank of Valletta plc (C 2833), 1/5, Misraħ San Ġorġ, Valletta VLT 1190

Notify Respondent: 6, ‘Sunset’, Flat 3, Triq il-Qalb ta’ Ġesù, San Pawl il-Baħar

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 18th January 2019, in the records of the Sworn Application in the names Sammut Mario et vs Camilleri Joseph, Application number 990/18 LM, the following publication was ordered for the purpose of service of the respondent Helen Camilleri, in terms of Article 187(3) et. seq. of Cap.12.

By means of an application, filed, in the First Hall Civil court, Sworn Application 950/2012 AE, in the names Mario Sammut (ID 301255M) and his wife Mary Doris Sammut (ID 958550M) vs Joseph Camilleri (ID 209050M), decided 29/4/2015 on the 9th October, 2018, the applicants Mario Sammut (ID 301255M) and his wife Mary Doris Sammut (ID 958550M) respectfully pleaded:

That this application is being made in terms of Articles 258 and 259 of Cap. 12 of the Laws of Malta;

That by means of a judgement of the First Hall Civil Court, on the 29th April, 2015, given by Mr Justice Anthony Ellul, LLD, in the above mentioned Sworn Application, the applicants were declared creditors of Joseph Camilleri (ID 209050M) in the amount of three thousand six hundred seventy-seven euro and twenty cents (€3,677.20) as well as eighty per cent (80%) of the costs (Doc. A);

That despite being called to pay Joseph Camilleri, remained in default;

That Joseph Camilleri died on the 30th October, 2015 (Doc. B);

That from searches made (Doc. C and Doc. D) it results that the inheritance of the decuius is regulated by wills of the twenty seventh (27) of March, 2012, in the records of Notary Doctor Joanne Lia, LLD (Doc. E) from which will it results that his universal heir is his wife Helen Camilleri, holder of identity card with number 878750M;

That despite being called to pay Helen Camilleri remained in default;

That reference is made to the judgement of the 10th May, 2018, of the First Hall Civil Court, by Madam Justice Lorraine Schembri Orland 292/2018 (Doc. G) where the applicants filed an application in terms of Article 259(1) on the same merit of this application which was upheld by the Court and this in view of the admission by the heir of Joseph Camilleri, Helen Camilleri. That it results that in the original application there was a mistake in the date of the judgement Sworn Application 950/2012 AE, with the consequence that despite that the application was upheld, the judgement was not executable;

Thus, the applicants pray that this Honourable Court, in terms of Article 259(1) in order to enforce the executive title resulting from the judgement of the First Hall Civil Court, of the 29th April, 2015, given by Mr Justice Anthony Ellul, LLD, 950/2012, against the heir of the decuius and namely Helen Camileri and this under the conditions that this Honourable Copurt deems fit and opportune.

The Sworn Application in the names Sammut Mario et vs Camilleri Joseph, application number 990/18 LM, has been deferred for hearing to the 25th March, 2019, at 9.00 a.m.

Notify Respondent: Helen Camilleri, ‘St Anthony’, Triq it-Torri Wejter, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 11th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Maria Dolores sive Doris Attard pro et noe vs Brigadier Maurice Calleja et, Application Number 236/2018FDP, the following publication was ordered for the purpose of effecting service on the respondent Brigadier Maurice Calleja in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Maria Dolores sive Doris widow of Carmel Attard (ID 125439M) in her own name and as mandatory of her absent brother Joseph Vincent Mckay, British passport number 519662194, according to a general power of attorney here attached and marked as document H vs Brigadier Maurice Calleja (ID 643534M) and Housing Authority filed before the Rent Regulation Board on the 21st December, 2018, the applicant Maria Dolores sive Doris widow of Carmel Attard (ID 125439M) pro et neo request with respect that this Board:

1. Declares and decides that the respondent Brigadier Calleja is the occupier of the premises 14, Triq Princess Nathalie Poutiatine Tabone, Tas-Sliema previously 14, Upper Victoria Terrace, Tas-Sliema in terms of Cap. 158 of the Laws of Malta that it was originally granted under title of temporary emphyteusis for 17 years in terms of the deed dated 1st April, 1963, in the records of Notary Philip Saliba, document E abovementioned;

2. Orders to carry out the means test of the occupant Brigadier Calleja which has to be on the basis of the means test as established by the Rules of the Continuation Tenancies (Means Testing Criteria) Regulations) and any other regulation that may be substituted from time to time, which test has to be on the basis of the income of the occupant Brigadier Calleja between the 1st January, 2017, and 31st December, 2017, and on the capital of the occupant Brigadier Calleja on the 31st December, 2017;

3. Declares and decides that in terms of Act XXVII of 2018, the rent is to be revised to an amount which does not exceed 2% per year of the open market value of the premises 14, Triq Princess Nathalie Poutiatine Tabone, Tas-Sliema previously 14, Upper Victoria Terrace, Tas-Sliema from the 1st January, 2018, and to establish new conditions regarding the lease and in default, if the respondent Brigadier Calleja does not satisfy the criteria of income and capital of the means test, the respondent will be given a period of five years within which to vacate the premises, besides paying compensation to the applicant for occupying the premises during the said time which amounts to double the rent that was payable according to Articles 12 and 12A of Cap. 158 of the Laws of Malta and this relative to the rent that should have been payable in terms of Act X of 2009 which is to be not less than the annual rent due as of 1st January, 2017, when the said rent is to be increased over and above the rent payable for the preceding three years;

4. Orders the eviction within a short and peremptory period established by this Board after five years so that the premises become vacant.

With costs and the respondent is from now summoned so that reference to his oath be made

Applicant: Maria Dolores sive Doris Attard pro et noe, 17, Triq San Ġużepp, Tas-Sliema SLM 1090

Notification respondent: Brigadier Maurice Calleja, 14, Triq Princess Nathalie Poutiatine Tabone, Tas-Sliema previously 14, Upper Victoria Terrace, Tas-Sliema

The application in the names Maria Dolores sive Doris Attard pro et noe vs Brigadier Maurice Calleja et, Application Number 236/2018FDP, has been postponed for hearing to the 25th February, 2019, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall on 18th February, 2019, on the application of Bugeja Abigail Dr noe, Monday, 25th February, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction to be held at room number 78, near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following items seized from the property of the vessel M.T. Phaedra Bright -1.

Vessel Phaedra Bright -1, IMO number 9213301, registered in Majuro, Marshall Islands, with the flag of the Marshall Islands, call sign V7CP4, gross tonnage 62,385, net tonnage 33,878, length 240.44 metres and breadth 44.00 metres, valued at seven million three hundred and five thousand euro (€7,305,000). 

N.B. The said vessel will be sold as described in the acts of judicial sale number 5/19.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th February, 2019, of the Rent Regulation Board, in the records of the Application in the names Maria Pia sive Marian Galea vs George Attard et, Application Number 224/2018FDP, the following publication was ordered for the purpose of effecting service on the respondents George Attard and Giovanna sive Joanna Attard in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Maria Pia sive Marian Galea (ID 0457956M) vs George Attard (ID 656944M) and Giovanna sive Joanna Attard (ID 579052M) and the Housing Authority filed before the Rent Regulation Board on the 17th December, 2018, the applicant Maria Pia sive Marian Galea (ID 0457956M) requests with respect that this Board:

1. Declares and decides that the respondents spouses Attard can no longer rely on the provisions of Article 5 of Cap. 158 of the Laws of Malta and remain in occupation of the premises 3, Pjazza San Pawl, Mdina and 8, Triq Santu Rokku, Mdina which premises are interconnected, because this lease is, in terms of Cap. 158 of the Laws of Malta, in breach of the fundamental rights of the applicant as decided by means of a judgment of the First Hall of the Civil Court (Constitutional Jurisdiction) of the 7th November, 2017, and confirmed on the 14th December, 2018, by the Constitutional Court in the case in the names Maria Pia sive Marian Galea vs Attorney General et;

2. Consequently condemns the respondent’s spouses Attard to vacate the premises mentioned that is 3, Pjazza San Pawl, Mdina and 8, Triq Santu Rokku, Mdina that are interconnected within a short and peremptory time that will be fixed by this Board because they can no longer rely on the lease in terms of Cap. 158 of the Laws of Malta;

3. Subsequently, and in case the Board does not evict the respondents Attard as requested in the two abovementioned requests, the Board is to order the occupants Attard to be subjected to the means tests as established by the Rules of the Continuation of Tenancies (Means Testing Criteria) Regulations and any other regulation that may be substituted from time to time, which test has to be on the basis of the income of the occupants Attard between 1st January and 31st December, 2017, and on the capital of the residents Attard on the 31st December, 2017;

4. Declares and decides that in terms of Act XXVII of 2018, the rent has to be revised to an amount that does not exceed 2% per year of the open market value free and unencumbered of the premises 3, Pjazza San Pawl, Mdina and 8, Triq Santu Rokku, Mdina that are interconnected from the 1st January, 2018, and to establish new conditions regarding the lease and in default if the respondents do not satisfy the criteria of income and capital of the means test the respondent will be given five years to vacate the premises, besides having to pay compensation to the applicant for occupying the premises during the said time that amounts to double the rent which was payable according to Article 5 of Cap. 158 of the Laws of Malta and this according to the rent that should have been applicable in terms of Act X of 2009 which is not to be less than the annual rent due as of 1st January, 2018, and should nto be less than €4,010.06 per year.

With costs and the respondents are from now summoned so that reference to their oath be made

Applicant: Martia Pia sive Marian Galea, Tacris, Garden Crescent, The Gardens, St Julian’s

Notification Respondents: George Attard and Giovanna sive Joanna Attard, 3, Pjazza San Pawl, Mdina

The application in the names Maria Pia sive Marian Galea vs George Attard et, Application Number 224/2018FDP, has been postponed for hearing to the 25th February, 2019, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals