Court Notices published in Govt. Gazette No. 20,265 of 13th September 2019

By a decree given on the 6th August, 2019, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court First Hall on the 29th April, 2019, by Lombard Bank Malta plc (C 1607) application number 19/19 in the names Lombard Bank Malta plc (C 1607) vs Denise Buttigieg (ID 294069 M) being asked that the Court orders the Sale by Auction of the:

Maisonette ossia tenement named 'Chez Mary Anne', previously named 'Doris House', without official number in Triq is-Santwarju, Mensija, San Ġwann, free and unencumbered, including its relative airspace and with all its rights and appurtenances, overlying another maisonette sometimes indicated as a house named 'St Joseph', third party property, which property of the respondent Denise Buttigieg is bound on the North by the said Triq is-Santwarju, and from South and North East by property of Saverio Micallef or his successors in title, common drainage system with the underlying maisonette and overlooking the yard of the underlying maisonettes.

The said tenement is the property of Denise Buttigieg (ID 294069 M).

Registry of the Superior Courts, this Monday, 9th September, 2019

Gaetana Aquilina
For the Registrar, Civil Courts and Tribunals

1334

Whereas Eucaristico known as Chris Cini filed a writ of summons number 66/2019 (BS) in the names 'Eucaristico k/a Chris Cini vs Direttur tar-Reġistru Pubbliku Għawdex' demanding Corrections in his Act of Birth with progressive number two hundred seventy three of the year one thousand nine hundred and fifty three (273/1953).


Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen (15) days from the day of the publication of this present notice in the Government Gazette.

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

Registry of the Courts of Magistrates (Gozo), Superior Matter

This 10th September, 2019

Maureen Xuereb
For the Registrar, Gozo Courts and Tribunals

1335

By means of a decree given, by the Civil Court (Family Section) on the 30th July, 2019, in the records of the Sworn Application in the names Marco Borg vs Claudine Calleja, Sworn Application number 244/19 AGV, the following publication wsas ordered for the purpose of service of the respondent Claudine Calleja, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed, in the Civil Court (Family Section) in the names Marco Borg (ID 0394671M) vs Claudine Calleja (ID 0131475M) on the 27th May, 2019, the applicant Marco Borg (ID 0394671M) asked this Honourable Court:

1. To declare dissolved the marriage contracted on the 24th February, 1996, and uphold the other demands in the application.

The Sworn Application in the names Marco Borg vs Claudine Calleja, Application number 244/198 AGV, has been deferred for hearing to Tuesday 24th September, 2019, at 9.00 a.m.

Applicant: Freeport Centre, Port of Marsaxlokk, Valletta


Respondent: Palazzo Marina, 143, St Christopher Street, Valletta VLT 1465

Reġistry of the Civil Courts (Family section), today 10th September, 2019

Adv. Frank Portelli, LLD
For the Registrar, Civil Courts and Tribunals

ARB/C047/2019 – New Freezing Order

It is being notified that by a decree dated 10th September, 2019, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Gabriella Vella, LLD). Compilation Number 524/2019 in the case:

The Police

(Inspector Jonathan Ransley)

Versus

John Micallef, hotel maintenance, 56 years, son of late Carmelo and late Gemma née Zahra, born in Ħal Tarxien, Malta on the 13th August, 1963, residing at 168, Ta' Gamri Court, Flat 2, Triq Stiefnu Zerafa, Ħal Għargħur and holder Maltese Identity card bearing number 413263M.

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 John Micallef 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 of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court Authorized the said accused to receive as salary the amount that does not exceed thirteen thousand, nine hundred and seventy-six euro (€13,976.00) 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 Article 5 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 20th August, 2019, given by the Courts of Magistrates (Malta), ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Mapfre Middlesea plc (C 5553) on the 19th February, 2019, is asking for the withdrawal of the amount of €727.06 by Mapfre Middlesea plc (C 5553) deposited by the Schedule of Deposit number 630/2018 in the names of:

Mapfre Middlesea plc (C 5553) vs Silvio Vella (ID 228577M)

The Court ordered the notification of this application with two (2) days for filing a reply.

Marvic Farrugia

For Registrar of Courts and Civil Tribunals

It is hereby notified in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 3rd of September, 2019, and this after a written plea numbered 731/2019, ordered:

The correction of the Act of Birth of Maria Anna Zahra, bearing number 7153 of the year 1956, under the column entitled 'Particulars respecting the child – Names given', all names are to be cancelled and replaced with the names in this order, 'Ann, Spiridiona, Bibiana, Francesca', and under the column entitled 'Name or Names by which the child is to be called', the names 'Maria Anna' are to be cancelled and replaced with the name 'Ann'.

Janet Calleja

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Court of Appeal, on the 6th June, 2019, in the records of the Application of Appeal, in the names Kenneth Pullicino vs Ramon Anastasi et, Application number 110/12,the following publication was ordered for the purpose of service of the company Market Handle Limited (C 49546), in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Court of Appeal, between Kenneth Pullicino carrying on trade under the name Kenneth Hardware Stores vs Ramon Anastasi carrying on trade under the name IT Works Group and be decree of the 22nd February, 2013, the company Market Handle Limited, was called into the cause, the Court, fixed the hearing of the cause on Monday twenty fourth of June, 2019, at 9.15 a.m. and deferred the 4th October, 2019, at 9.15 a.m.

Notify: Market Handle Limited (C 49546), Market Handle Building, Triq G. F. Agius De Soldanis, Birkirkara BKR 4850

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 6th 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 187(5) of the Code of Organisation and Civil Procedure (Chapter 12).

That by an application filed by Kummissarju tat-Taxxi on the 28th August, 2015, the said person is asking for the withdrawal of the amount of €44,225.54 deposited by the Schedule of Deposit number 1143/2015 in the names of:    Il-Kummissarju tat-Taxxi vs Wines Direct Limited (C47901). The Court ordered the notification of the application to all the interested parties with a five (5) day period for the reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By a decree of the 30th August, 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 Articles 187 (5) and 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 26th March, 2019, the approval of the said judicial acts is being demanded for the amount of €15,100 following judicial sale by auction 85/16 in the names Bank of Valletta plc (C 2833) vs Property & Finishings Limited (C 47637), held under the Authority of the said Court on the 21st 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

Republic of Malta

To the Executive Officer (Courts of Magistrates) Gozo

It is hereby notified that by a decree dated the 9th September, 2019, 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 Organisation and Civil Procedure.

Whereas by a decree dated the 9th September, 2019, in the records of the schedule of deposit and of contexual ground rent number 232/2019 by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section upon an application filed by, Reuben Formosa holder of Identity Card Number 32884G, and Antida Formosa, holder of Identity Card Number 8594G, versus deputy curator in order to represent unknown persons entitled to receive the ground-rent mentioned below hereunder in this schedule of deposit and contexual ground rent mentioned, filed on the 9th September, 2019, in the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, as well as the other related and subsequent acts. She respectfully premised:

That the applicants are owners of a property that is a house, consisting of an entrance numbered two hundred and fifty (250), Triq tal-Għajn, Fontana, Gozo, a room on the side having four arches numbered two hundred and fifty-one (251) in the same street, a yard behind the entrance, an arch under part of the stairs and a pen at the back.  In the upper level are two rooms on the alley, an open staircase and an open arch with a toilet.  This property is subject to the payment of one cent and one mill (1c 1m) annual and perpetual ground-rent and the property is bounded on the North with an alley, East with property of Antonio Curmi, South with property of the heirs of Gio Maria Theuma or successors in title.  This property is being marked in red on the attached plan and site-plan marked Doc. A;

That the applicants wish to redeem this ground-rent in its entirety and thus are presenting this application;

That the applicants do not know to whom is this ground-rent payable;

That the property was acquired by the applicants from the estate and succession of their parents Anthony Formosa and Maria Theresa Formosa who died on the twelfth (12th) November, of the year two thousand and seven (2007) and on the tenth (10th) October, or the year two thousand and fourteen (2014) respectively.  The relative declaration causa mortis has been published in the acts of Notary Christian Zammit of twenty-seventh (27th) December, of the year two thousand and seven (2007) and in the acts of Notary Paul George Pisani of the twentieth (20th) March of the year two thousand and fifteen (2015) respectively.

Anthony Formosa and Maria Theresa Formosa acquired the property by virtue of a contract of sale in the acts of Notary Emmanuel George Cefai of the twentieth (20th) May of the year one thousand nine hundred and eighty-eight (1988) from Gaetan Grech who in his turn acquired the property in part by a deed of sale of the twenty-fourth (24th) September of the year one thousand, nine hundred and eighty-six (1986) and in part by virtue of a division of the twenty-ninth (29th) October, of the year one thousand, nine hundred and eighty-five (1985), both in the acts of Notary Emmanuel George Cefai.

That the ground-rent as explained above is of one cent and one mill (1c 1m) of the Maltese Lira equivalent to three Euro cents (€0.03);

That the applicants wish to benefit from the dispositions of Law and by virtue of Article 1501 of Chap. XVI of the Laws of Malta, redeems the ground-rent in its entirety which capitalised at the rate of five percent (5%) amounts to sixty cents (€0.60).

Therefore, the applicants in order to exonerate themselves from any responsibility, is calling upon this Honourable Court and under its authority deposits the sum of sixty cents (€0.60) in redemption of ground-rent as explained above, which amount may be freely withdrawn by the respondent/s after due receipt according to Law is tendered.

You, the executive officer of the Court of Magistrates (Gozo) are therefore ordered to affix an official copy of these banns at the entrance of this Court, and to summon whosoever would like to act as curator to appear in this Registry within six days, and by means of a minute to submit a declaration that they would like to so act.

You are also ordered to inform each and every one that if they fail to make this declaration within the stipulated time, the Court will proceed with the selection of official curators. And after so doing, or if you should encounter any difficulty in the execution of these banns, you are to forthwith inform this Court.

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.

DIANE FARRUGIA

For the Registrar, Gozo Courts and Tribunals

By means of a decre given by the First Hall Civil Court, on the 30th July, 2019, in the records of the Warrant of Prohibitory Injunction in the names Mifsud Thomas et vs Bugeja Loraine, Warrant Number 857/19 GM, the following publication was ordered for the purpose of service of the respondent Loraine Bugeja, 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 (Applicant) Thomas Mifsud, Director, son of Emanuel and Bastjana née Camilleri, born in Tal-Pietà on the 16th September,1976, and residing at Maria, Triq il-Ħabbież, Ħal Qormi, Malta (ID 473476M) and Ta' Dernis Properties Limited (Number of Registration C 45644), a company registered in Malta on the 21st November, 2008, which has the registered address 80, Triq il-Ħabbież, Ħal Qormi, against (Respondent) Loraine Bugeja, legally separated from Kevin Bugeja, employee, daughter of Joseph Simiana and Carmen née Muscat, born in Ħ'Attard on the 10th December, 1974, and residing at Casa Latina, Triq il-Kbira, Ħal Balzan (ID 28775M), on the 28th June, 2019, the applicant Thomas Mifsud (ID 473476M) and Ta' Dernis Properties Limited (C 45644) respectfully pleaded:

That the applicants in order to secure their rights wish to hold the respondent from hypothecating, selling, alienating, transferring by any other mode or giving any rights inter vivos and/ or causa mortis of whatever kind including leases or concessions, by onerous or gratuitous title the maisonette without official number and without name, however internally marked with number 2, which is situated in Triq San Ġorġ, corner with Triq San Luqa, Żurrieq, and situated at groundfoor level overlying and underlying property of third parties as better described in this warrant and the preliminary agreement dated 13th December, 2018.

That the issuing of this warrant is being asked in view of the following facts:

1. That on the 3rd December, 2018, the applicants and the respondent appeared and signed a preliminary agreement whereby the respondent bound herself and promised to dsell and transfer to the same applicants who on their part bound themselves to buy and acquire the maisonette without official number and name, however internally marked with number 2, in Triq San Ġorġ, corner with Triq San Luqa, Żurrieq, as better described in this warrant.

2. That the respondent notwithstanding being duly called to come forward and adhere to sign the final deed of sale and transfer of the property above indicated remained in default and is refuting to come forward to the final deed.

… omissis …

6. That thus in the light of the fact that procedures were filed regarding the property described it will be wise and even just that this warrant be provisionally upheld and eventually granted in order that the factual and juridical state of the property mentioned be preserved.

That the applicant humbly prays that this Honourable Court order the issuing of a Warrant of Prohibitory Injunction in order that he be witheld from continuing to carry out the acts above mentioned.

Sgd. Advocate Alicia Camilleri     Sgd. PL Joeline Pace Ciscaldi

Confirmed before by oath after I read its contents and in the presence of with four documents.

Republic of Malta

Court Warrant

To the Court Marshall

Whereas the above application was presented and there recurr the elements required by law for the undermentioned 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 First all with the witness of Hon. Mr. Justice Grazio Mercierca LLD, Doctor of Laws.

The Application Warrant of Prohibitory Injuntion in the names Thomas Mifsud vs Loraine Bugeja, Warrant Number 857/19 GM, has been deferred for hearing to the 3rd October, 2019, at 9.00 a.m.

Applicant:

1. Thomas Mifsud, Maria, Triq il-Ħabbież, Ħal Qormi

2. Ta' Dernis Properties Limited, Triq il-Ħabbież, Ħal Qormi

Respondent: Casa Latina, Triq il-Kbira, Ħal Balzan

Execution: Maisonette 2, Triq San Ġorġ, corner with Triq San Luqa, Żurrieq

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Constitutional Court on the 10th September, 2019, in the records of the Application Number 85/2013/1, in the names Victoria Amato Gauci pro et nomine vs Attorney General et, the following publication was ordered for the purpose of service of the respondents Michael Polidano (ID 693253M) and Maria Bernardette Polidano (ID 128854M) in terms of Article 187(3) et sequitur of Cap. 12.

Whereas the written procedures in the cause before the Constitutional Court between Victoria Amato Gauci both as usufructuary of the estate of her husband Philip Amato Gauci, as well as mandatary of her absent children Mariella Riemer, Chritianne Huber, Louis Amato Gauci, Joseph Gerard Amato Gauci, Tanya O'Brien, Francesca Amato Gauci, Philip Amato Gauci and Andrew Amato Gauci, and by decree of the 18th July, 2019, following the death of Mariella Riemer the records relating to her were transferred in the name of Garry Harold Riemer vs Attorney General and Michael Polidano and his wife Maria Bernardette Polidano, for any interest they may have, the Court fixed the hearing of the cause on Monday twenty-third (23) of September, 2019, at 9.30 a.m.

Notify:

Michael Polidano, 3, Trejqet Sant'Injazju, Tas-Sliema

Maria Bernardette Polidano, 3 Trejqet Sant'Injazju, Tas-Sliema

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 9th July, 2019, in the records of the Sworn Application in the names Do Deposit Cars Malta Limited (C 85780) vs Vladimir Sokovic (ID 0132443A), Application Number 25/2019 MH, the following publication was ordered for the purpose of service of the respondent Vladimir Sokovic (ID 0132443A) in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall Civil Court in the names No Deposit Cars Malta Limited (C 85780) vs Vladimir Sokovic (ID 0132443A) on the 11 th January, 2019, the applicant No Deposit Cars Malta Limited (C 85780) asked this Honourable Court:

1. To declare that the defendant violated the contract of hire and purchase dated 10th July, 2018, between the parties Doc. A;

2. Declare that in terms of clause 7.1 of the contract mentioned the defendant forfeited the benefit of time for the balance of the price due on the sale of vehicle Peugeot with Chassis number VF30U9HD8S063655 with number plate KQZ 554;

3. Declare that the defendant is a debtor of the applicant company in the amount of €31,350.00 representing balance due according to the contract above mentioned and uphold the other demands in the application.

With costs and legal interest till the date of final paymernt against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names No Deposit Cars Malta Limited (C 85780) vs Vladimir Sokovic, Application Number 25/2019 MH, has been deferred for hearing to the 23rd October, 2019, at 9.00 a.m.

Applicant: 17, Sharay, Triq il-Fraxxnu, St Julian's

Defendant:

Continental Apartments, Flat 32, St Louis Street, Msida

Gibja, Fl 11, Triq J. Quintinus, St Paul's Bay

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Court of Appeal on the 3rd September, 2019, in the records of the Application Number 68/19, in the names Stephen Borg (ID 226077M) vs Judith Spiteri (ID 45085M) the following publication was ordered for the purpose of service of the respondent Judith Spiteri (ID 45085M) in terms of Article 187(3) et sequitur of Cap 12.

That by means of an Application, filed, in the Court of Appeal, in the names Stephen Borg (ID 226077M) vs Judith Spiteri (ID 45085M) on the 27th June, 2019, the applicant Stephen Borg (ID 226077M) respectfully pleaded:

That the parties contracted marriage betwen them on the 31st July (31) of the year two thousand and ten (2010) (Doc. A);

That the marriage of the parties was declared null by means of a decretum nullitatis matrimonii of the Metropolitan Tribunal of the Archdiocese of Malta, on the twenty-ninth (29) of March of the year two thousand and nineteen (2019) (Doc. B);

That this judgement was declared executive by means of an executive decree issued by the Metropolitan Tribunal of the Archdiocese of Malta, on the sixth (6) of May of the year two thousand nineteen (2019) (Doc. C).

Thus in view of the premised, the interpellant respectfully prays this Honourable Court to register the said decision and thus declare the same executable in Malta, in terms of Article 24 of the Marriage Act (Cap. 255 of the Laws of Malta), and this under any other provision that this Honourable Court deems oportune to impose.

List of Documents.

Applicant: 30, Alcova, Triq tal-Imwiegel, Siġġiewi

Respondent: Cannataci, Triq il-Wied tar-Ruman, Mellieħa

Notify:

Director Public Registry, Valletta

Attorney General, The Palace, Valletta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals