Court Notices published in the Government Gazette 20,169 of 12 April 2019

By means of a decree of the 14th March, 2019, of the Rent Regulation Board, in the records of the Application in the names Paul Vella et vs George Buttigieg et, Application Number 238/2018JD, the following publication was ordered for the purpose of effecting service on the respondents George Buttigieg and Agnes Buttigieg 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 Paul Vella (ID 570152M) and George Vella (ID 757960M) vs George Buttigieg (ID 188659M) and his wife Agnes Buttigieg (ID 264361M), filed before the Rent Regulation Board on the 27th December, 2018, the applicants Paul Vella (ID 570152M) and George Vella (ID 757960M) request with respect that:

The applicants are owners of the premises that is tenement with number 67, with the name Lolly House, in Triq San Ġwann, in Fgura, and this since it was given to them by their aunt Amelia Vella by means of a contract in the acts of Notary Dr Jean Carl Debono dated 9th January, 2016 (Dok. PV1);

The said Amelia Vella had inherited the said premises from Mary Doris Vella who died on the 10th July, 2010, and the inheritance is regulated by means of a will in the acts of Notary Antoine Agius of the 25th February, 2002;

By means of a contract in the acts of Notary Carmelo Lia dated 12th September, 1984, the said Mary Doris Vella granted by means of temporary sub-emphyteusis for a period of twenty five (25) years to the respondent George Buttigieg and this with effect from the 1st July of the same year (Doc. PV2);

The said Mary Doris Vella, by means of a schedule of deposit and redemption of rent filed in the Registry of the First Hall of the Civil Court on the 29th August, 1988 (Number 657/1988), redeemed the perpetual groundrent regarding the said premises (Doc. PV3);

Thus, by means of the dispositions of Article 12 of Cap. 158 of the Laws of Malta, with effect from the 1st July, 2009, the respondents continued to occupy the said premises under a title of lease, at the rent today amounting to €395.20 per year, payable every six (6) months in advance, with the next installment falling due on 1st January, 2019;

By means of a valuation of Architect Aaron Abela dated 30th November, 2018, the premises are valued for €170,000 and this value is free and unencumbered in the open market (Doc. PV4);

Thus, the respondents are occupying this premises under any title of lease established on the basis of the previous title of sub-empyteusis which had commenced before the 1st June, 1995, by means of the application of Article 12 of Cap. 158 of the Laws of Malta, and thus all the circumstances as said in the law in terms of the provisions of Article 12B et sequitur of Cap. 158 of the Laws of Malta exist;

Thus, these proceedings had to be made.

Thus, for the reasons above mentioned they request with respect this Honourable Board that:

1. It revises the rent of the premises that is the tenement with number 67 named Lolly House, in Triq San Ġwann, in Fgura, leased to the respondents, at the rent of €395.20 per year to an amount which does not exceed 2% per annum from the free and unencumbered value of the property in the open market, on the 1st January, 2018, and also it establishes new conditions regarding the lease;

2. Subordinately and without prejudice to the first request, in case that the respondents do not satisfy the critera of the income and capital of the means tests in terms of law, it orders the respondents to vacate the said premises within 5 years, and against compensation in favour of the applicants, during this period, which amounts to double the rent payable according to articles 5, 12 or 12A of Cap. 158 of the Laws of Malta.

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

Applicants:

Paul Vella, 25, Notre Nid, Triq Palazzi, Żejtun

George Vella, 133, Nashville, Triq il-Fieres, Ħal Kirkop

Respondents:

Lolly House, Triq San Ġwann, Fgura

Housing Authority

The application in the names Paul Vella et vs George Buttigieg et, Application Number 238/2018JD, has been postponed for hearing to the 13th May, 2019, at 9.30 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 14th February, 2019, in the records of the Sworn Application in the names Charter Properties Limited (C 69311) vs Lecke Anna pro et noe, Application Number 674/18 RGM, the following publication was ordered for the purpose of service of the respondent Anna Lecke proprio et nomine, 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 Charter Properties Limited (C 69311) vs Anna Lecke (ID 821054M), in her own name as well as duly represented in representation of her siblings Simon Victor Restall (Canadian passport Nnumber HG450017), Martin Restall (Canadian passport number HL 738797), David Restall (ID 01871152MJ) and Anthony Restall (ID 0756549M) on the 26th June, 2018, the applicant Charter Properties Limited (C 69311) humbly asked this Honourable Court:

1. To decide and declare that the defendants in solidum between them are bound to come forward to the final deed of sale of the immovable property and namely the terraced house with the name ‘In-Namra’ with official number three (3) in Triq Ġużeppi Calleja, Iklin, as better described in the preliminary agreement in the records of Notary Doctor Robert Micallef, of the 21st June, 2017, as subsequently extended and uphold the other demands in the application amongst which that the responbdentsd be condemned to pay all the costs relative to the publication of the final deed, as well as alternatively or subsidiarily to the preceeding demands;

2. To declare that the respondents in solidum are responsible for the damages towards the applicants and this due to their default and order the respondents to pay the applicants the damages liquidated with legal interest, from the date of liquidation till the date of effective payment.

With costs and legal interest as demanded in the application, against the respondents summoned so that a reference to their evidence be made.

The Sworn Application in the names Charter Properties Limited (C 69311) vs Lecke Anna pro et noe et, Application Number 674/18 RGM, has been deferred for hearing to the 29th April, 2019, at 9.15 a.m.

Applicant: Charter Properties Limited, Lara Buildings, Office 3, Triq Giuseppe Calleja, Iklin

Respondent: Anna Lecke, Hattrick, Triq il-Mitħna, Ħal Balzan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 352/2007 – VARIATION OF A FREEZING ORDER

It is being notified that by a decree dated 28th March, 2019, given by the Criminal Court – (Madame Justice Dr Consuelo Scerri Herrera LLD) following an application filed by Joseph Grech on the 25th March, 2019, Compilation number 1284/2007, in the case:-

The Police 

(Supt Norbert Ciappara)

(Asst Comm. Dennis Theuma)

Versus:

Stella Grech;

Dean Martin;

And

Joseph Grech, 51 years, son of the late Carmelo and Maria Stella nee Muscat, born in Marsa, Malta on the 2nd October, 1967, residing at 13, Triq ix-Xemxija, Marsa Malta and holder of identity card number 423567M.

The Court authorised the accused Joseph Grech to buy and secure the vehicle of make Toyota  Aygo which sum should be part of the sum of thirteen thousand nine hundred and seventy-six euro and twenty-four cents (€13,976.24) entitled to him for his living per year. Moreover, this vehicle will be immediately affected by the freezing order.

This publication is being published in terms of Article 5(2) of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and Article 23A of the Criminal Code, Chapter 9 of the Laws of Malta, following another publication published on the 31st December, 2018, after a decree given on the 20th December, 2018, by the same Court, following another publication published on the 24th December, 2018, after a decree given on the 22nd November, 2018, by the same Court, following another publication published on the 20th March, 2018, after a decree dated 24th January, 2018, following another two publications which were published on the 7th July, 2017, after a decree dated 13th June, 2017, following another publication published on the 6th May, 2016, after a decree dated 7th April, 2016, following another publication published on the 22nd March, 2016, after a decree dated 9th March, 2016, given by the Court of Magistrates, following another publication published on the 27th April, 2015, after a decree dated 14th April, 2015, given by the Criminal Court, following another publication published on  9th December, 2014, after a decree dated 12th November, 2014, given by the same Court following the freezing order which was published on 16th October, 2007, 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 Joseph Grech, Stella Grech and Dean Martin.  

MARVIC PSAILA 

Deputy Registrar, Criminal Courts and Criminal Tribunals

By means of a decree given by the Civil Court First Hall, on the 2nd April, 2019, in the records of the Sworn Application in the names Caruana Joseph et vs Tower Manor Limited et, Application Number 204/19 LM, the following publication was ordered for the purpose of service of the respondent John Debono, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application presented in the First Hall Civil Court, in the names Joseph Caruana (ID 208967M) and Pauline Caruana (ID 473567M) vs Tower Manor Limited (C 30168) and Joseph Quattromani (ID 141142M) and John Debono (ID 774352M) for any interest they may have, on the 27th February, 2019, the applicants asked this Honourable Court:

1. To declare that the respondent company failed to honour the obligations assumed by it in regard to the applicant by means of the preliminary agreement of the 17th December, 2016, since it did not appear for the publication of the definitive deed without a valid reason at law;

2. Condemn the respondent company so that within a short and peremptory period fixed to it, it comes forward for the publication of the defintive deed of sale in virtue of which the respondent company sells and transfers to the applicant i) the duplex penthouse, including the overlying airspace numbered 9, which is situated in the sixth floor forming part of a block without official number named ‘Manor Court Block B’ accessible from Triq Ġużeppi Despott, Qawra, limits of St Paul’s Bay, and ii) the duplex penthouse, including the overlying airspace numbered 10, which is situated in the sixth floor forming part of a block without official number named ‘Manor Court Block B’ accessible from Triq Ġużeppi Despott, in Qawra, limits of St Paul’s Bay, and uphold the other demands in the application.

With costs and legal interest against the respondent company from now summoned so that a reference to its evidence be made.

The Sworn Application in the names Caruana Joseph et vs Tower Manor Limited et, Application Number 204/19 LM, has been deferred for hearing to Monday, 15th April, 2019, at 9.00 a.m.

Respondent: Cescana, Flat 9, Triq it-Turisti, St Paul’s Bay, or 8, Dona Court, Flat 7, Triq Horatio Nelson, St Paul’s Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 1/2019 – TEMPORARY GENERAL INTERDICTION

It is being notified that by judgement dated 28th March, 2019, given by the Criminal Court of Appeal (Madame Justice Dr Consuelo Scerri Herrera LLD), Appeal Number 65/2014, in the case:-

The Police 

(Inspector Elton Taliana)

Versus

Juanita Fenech, 58 years, daughter of George Borg Cardona and Jennifer nee Rizzo, born in Floriana, Malta on the 4th February, 1961, residing at number 77, Edwige Ville, Triq is-Sienja, Ħ’Attard, Malta and holder of Maltese identity card number 148761M.

The Court ordered the temporary general interdiction for a period of ten (10) years and also the interdiction to serve as an architect or as a witness starting from judgement date of the said Juanita Fenech and this according to section 109(2) of Chapter 9 of the Laws of Malta.

This is being published according to section 10(7) of Chapter 9 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

DKR 406/2017 – CANCELLATION OF A FREEZING ORDER

It is being notified that by a decree dated 21st March, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature – (Magistrate Dr Francesco Depasquale LLD) after an application filed by Andrew Grima on the 21st February, 2019, and following the execution of judgement given by the same Court as differently presided on the 17th May, 2018, Compilation Number 399/2017, in the case:-

The Police 

(Superintendent Raymond Aquilina)

Versus:

Andrew Grima, 39 years, self-employed, son of John and Antoinette nee Gauci, born in Tas-Sliema, Malta on the 20th June, 1979, residing at number 20, Triq San Ġakbu, Tas-Sliema, Malta, and holder of Maltese identity card bearing number 408779M.  

The Court ordered the cancellation of the freezing order of all the assets of the said Andrew Grima which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Mag. Dr Francesco Depasquale LLD) by a decree dated 14th September, 2017, and published in the Government Gazette of the 22nd September, 2017.  

This order is being published according to section 5(6) of Chapter 373 of the Laws of Malta.

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By a decree of the 5th April, 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 Organisation and Civil Procedure (Cap. 12).

That by Application and a Schedule of set-off filed contemporaneously by Bank of Valletta plc (C 2833) on the 2nd April, 2019, the approval of the said judicial acts is being demanded for the amount of €39,000 following judicial sale by auction 47/16 in the names Bank of Valletta plc (C 2833) vs Mario Micallef (ID 204185M) held under the Authority of the said Court on the 28th March, 2019.

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

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the 5th April, 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 Organisation and Civil Procedure (Chapter 12).

That by Application and a Schedule of set-off filed contemporaneously by Joseph Mizzi (ID 220663M) on the 2nd April, 2019, the approval of the said judicial acts is being demanded for the amount of €19,400 following judicial sale by auction 18/18 in the names Joseph Mizzi (ID 220663M) vs Raphaela Mizzi (ID 46446M) et held under the Authority of the said Court on the 26th March, 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.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court First Hall, on the 20th February, 2019, in the records of the Application in the names Galea Joseph Manuel vs Schembri Anthony, Application Number 67/19 RGM, the following publication was ordered for the purpose of service of the respondent Joseph Manuel Galea, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the First Hall Civil Court in the records of the Garnishee Order Number 1179/14, in the names Joseph Manuel Galea (ID 31182M) vs Anthony Schembri (ID 286267M) on the 24th January, 2019, the interpellant Anthony Schembri (ID 286267M) asked this Honourable Court, saving any necessary declaration it deems fit and opportune:

1. To revoke the Precautionary Garnishee Order Number 1179/14, in the names Manuel Galea (ID 31182M) vs Anthony Schembri (ID 286267M) in terms of Article 836 of Cap.12 of the Laws of Malta, against the interpellant Anthony Schembri, and uphold the other demands in the application, that Joseph Manuel Galea pay a penalty that this Court shall fix in terms of Article 836(8) of Cap. 12 of the Laws of Malta and uphold the other demands in the application.

The Application in the names Galea Joseph Manuel vs Schembri Anthony, application Number 67/19 RGM, has been deferred for hearing to the 8th May, 2019, at 10.45 a.m.

Interpellant: 18, Bejta ta’ Mħabba, Triq Nikola Baldacchino, Siġġiewi

Respondent: Silvestru, Triq il-Qammieħ, Mellieħa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a note filed in the Civil Court First Hall on the 8th April, 2019, Advocate Errol Cutajar brought forward the following contract which was published by Notary Sam Abela, on the 1st April, 2019, to be published in terms of Article 9 of Cap.13 of the Laws of Malta.

By means of the contract above mentioned, Christopher sive Christopher Karl Grech, company director, son of Carmelo and Josephine née Zerafa, born in Ħ’Attard and residing in Bidnija (ID 477272M) and Romina née Fenech, legally separated from the said Christopher Karl Grech, daughter of Alfred Fenech and Agnes née Xuereb, born in Tal-Pietà and residing in Iklin (ID 461172M), emancipated for all intents and purposes of law their son Isaak Grech Fenech, student, born on the 10th August, 2002, residing in Iklin (ID 2877021), and authorised him to carry out all acts of trade for all intents and purposes of law, in terms of Article 9 And 10 of Cap. 13 of the Laws of Malta.

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals