Court Notices published in Govt. Gazette No. 20,275 of 4 October 2019

By means of a decree given by the Civil Court (Family Section) on the 25th September, 2019, in the records of the Sworn Application in the names Briffa Giovanni vs Briffa Antonia sive Tania, Application Number 145/19 JPG, the following publication was ordered for the purpose of service of the respondent Antonia sive Tania Briffa, 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 Giovanni Briffa (ID 12369M) vs Antonia sive Tania Btriffa (ID 438564M) on the 6th June, 2019, the applicant Giovanni Briffa (ID 12369M) asked this Honourable Court:

1. To declare and pronounce the personal separation between the parties for serious reasons imputable solely to the defendant as stated in the application and for the purposes of Article 48(c) of the Civil Code (Cap 16) establish a date when the same defendant is to be considered as guilty of the separation and uphold the other demands in the application.

With costs, as demanded against the defendant from now summoned so that a reference to her evidence be made.

The Sworn Application in the names Briffa Giovanni vs Briffa Antonia sive Tania, Application Number 145/19 JPG, has been deferred for hearing to Monday, 14th October, 2019, at 12.15 p.m.

Applicant: 2, Triq San Tumas, Ħal Luqa

Respondent; 3, Pioneer Court, Triq il-Pijunieri, Buġibba

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 14th March, 2019, in the records of the Sworn Application in the names Cutajar Marilyn et vs Mallia Alfred, Application Number 1125/18 FDP, the following publication was ordered for the purpose of service of the respondent Alfred Mallia, 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 Marilyn Cutajar (ID 335692M) and Josef Curmi (ID 57488M) vs Alfred Mallia (ID 703433M) on the 8th November, 2018, the applicant Marilyn Cutajar (ID 335692M) et asked this Honourable Court saving any necessary declaration:

1. To declare and decide that the premises which bears the address 16, Orchard, Triq il-Proża, Ħal Qormi, which was sold by the defendant to the plaintiffs by means of a contract of Notary Keith Ryan Calleja of the 9th November, 2017, is affected by latent defects.

2. Liquidate, if necessary by means of referees to be appointed, that part of the price of sale and/or damages payable by the defendant in view of the latent defects in the premises mentioned and condemn the defendant to pay the plaintiffs that sum liquidated.

With costs against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Cutajar Marilyn et vs Mallia Alfred, Application Number1125/18 FDP, has been deferred for hearing to the 23rd October, 2019, at 11.00 a.m.

Notify Respondent: 185, Triq il-Vitorja, Ħal Qormi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court First Hall on 1st October, 2019, on the application of Azzopardi Joseph et pro et noe and on the request of Paul Vella noe, Tuesday, 29th October, 2019, at noon (12.00 p.m.), has been fixed for the sale by auction to be held in room number 78 near the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property.

The tenements numbered from 245 till 252 in Triq San Pawl, San Pawl il-Baħar, valued together at five hundred and fifty thousand euro (€550,000).

The tenements numbered 245,246 and 247 situated in higher open air entry level from the street and accessible through an open staircase, the tenement numbered 245 consists of a ground floor underlying the first floor numbered 246, the tenement numbered 246 consists of first floor overlying the ground floor numbered 245 and the tenement numbered 247 is overlying the tenements numbered 248 and 249 as well as small part of tenement numbered 250.

The tenement numbered 248 is accessible from a street and partially underlies tenement numbered 247.

The tenement numbered 249 is accessible from a street and partially underlies on the other part of tenement numbered 247.

The tenement 250 consists of a ground floor overlies almost totally tenement numbered 251, with entrance on the ground floor underlies a small part tenement numbered 247.

The tenement numbered 251 is a groundfloor tenement underlying the first floor number 250. 

The tenement 252 consists of a house on two floor originally from an adjacent room, used as a sitting room that had another door numbered 253 in the street and was change to a window.

The said tenements are the property of Dr Raymond Zammit et noe.

N.B. The said tenement will be sold as described in the acts of judicial sales number 104/1998.

MARVIC FARRUGIA 

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Courts First Hall on the 24th June, 2019, on the application of HSBC Bank Malta plc (C 3177), Tuesday, 26th November, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the sale by auction, to be held in Room numbered 78, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta of the following property.

The property consisting of a block of offices on two levels, the washroom and the roof with its airspace in the second level and a cellar under the ground floor level named DVM Showroom officially numbered two hundred sixty-four and two hundred sixty-five (264/265) in Triq Fleur-de-Lys, Birkirkara.

The ground floor level is subject to an annual and perpetual ground rent of three euro and eighty-two cents (€3.82), and has in common with the overlying property drains and the drainage system, with all its rights and appurtenances, and having a well in common with the adjacent property while the first floor includes its own airspace is subject to an annual and perpetual ground rent of seven euro and sixty-five cents (€7.65) all together valued at three hundred and ten thousand euro (€310,000).

The said tenement is the property of Cini Etienne (ID 432577M) and by decree dated 31st May, 2016, Dr Joseph Ellis and Legal Procurator Davina Sullivan were nominated as deputy curators for the absent.

N.B. The said tenement will be sold as described in the Judicial Sales Act 46/2015.

GAETANA AQUILINA

For the Registrar, Civil Courts and 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 19th of September, 2019, and this after a written plea numbered 832/2019, ordered:

The correction of the Act of Birth of Eyobi Biniam Temesgen Alfa, bearing number 1045 of the year 2013, under the column entitled “Particulars respecting the Father – Place of Birth” the words: “Assusa Ethiopia” are to be deleted, and are to be replaced with the words: “Asmara Eritrea”.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree given by the Civil Court First Hall on the 9th May, 2019, in the records of the Sworn Application in the names J. Zammit Limited vs Eucharist Bajada, Application Number 410/18 MCH, the following publication was ordered for the purpose of service of the parties called into the cause Eucharist sive Kris Bajada and Kefi International Rentals Co. Ltd, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application filed in the Civil Court First Hall, in the names J. Zammit Limited (C 37945) vs Eucharist Bajada (ID 375069M) on the 2nd May, 2018, the applicant J. Zammit Limited asked the defendant to state why this Honourable Court should not:

1. Decide the cause without proceeding to a hearing in terms of Articles 167 et sequitur of the Code of Organisation and Civil Procedure;

2. Declare that the defendant is a debtor of the applicant company in the amount of one hundred and twelve thousand four hundred sixty-three euro and eighty-seven cents (€112,463.87) and liquidate this amount in favour of the applicant company.

With costs and with commercial interests as demanded in the application against the defendant summoned so that a reference to his evidence be made.

The Sworn Application in the names J. Zammit Limited (C 37945) vs Bajada Eucharist, Application Number 410/18 MCH, has been deferred for hearing to the 15th October, 2019, at 9.00 a.m.

1. Eucharist sive Kris Bajada, Vila Diana, Triq il-Belt Valletta, Mosta

2. Kefi International Rentals Co. Ltd, Villa Diana, Triq il-Belt Valletta, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 5th of August, 2019 (Application number 83/2019BS) by Theresa Scicluna and others requested the opening of the succession of Giuseppe sive Joseph Scicluna sive Xicluna, was a pensioner, son of the late Salvatore Xicluna and Giuseppa née Grech, born in Victoria (Gozo) and used to reside in Victoria, Gozo, died in Victoria, Gozo, on the seventeen (17th) of January of the year two thousand and ninteen (2019), intestate, which opening is to be made in favour of applicants as to one half (1/2) undivided share in favour of his widow Theresa Scicluna and one half (1/2) undivided share in favour of his two children Sylvana Pisani and Geswalda sive Josalda Grech as to equal shares between them.

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. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Civil Court First Hall on the 8th August, 2019, in the records of the Sworn Application in the names Advocate Dr Rita Mifsud noe vs Carl Cachia, Application Number 571/19 AF, the following publication was ordered for the purpose of service of the respondent Carl Cachia, 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 Advocate Dr Rita Mifsud (ID 472696M) as special mandatary of the foreign company Sixt Gmbh & Co Autovermietung KG (registration number HRA81061) vs Carl Cachia (ID 205775M) on the 10th June, 2019, the applicant Advocate Dr Rita Mifsud (ID 472696M) noe asked this Honourable Court:

1. To declare that the defendant failed to honour the obligations assumed by him in regard to the applicant company by means of the lease agreement of the vehicle of the mark BMW 118 with number of registration M LH 8588 of the 3rd October, 2015, declare the defendant solely responsible to pay for all the damages suffered by the applicant company, order the defendant to pay the applicant company the sum of nineteen thousand eight hundred euro (€19,800.00) representing damages suffered by the applicant company due to the damages caused in the vehicle whilst it was in the possession of the defendant.

With costs against the defendant from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Advocate Dr Rita Mifsud noe vs Carl Cachia, Application Numner 571/19 AF, has been deferred for hearing to the 5th November, 2019, at 9.30 a.m.

Notify Respondent: 95, Flat 6, Triq il-Kulleġġ l-Antik, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that 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 19th of September, 2019, and this after a written plea numbered 783/2019, ordered:

The correction of the Act of Birth of Nuhamen Bezune Mengistu, bearing number 1420 of the year 2012, under the column entitled “Particulars respecting the mother – Name and surname” the words “neè Ankela Toski wife of the said Daluit Bezune Mengistu”, are to be deleted.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

Republic of Malta

To the Marshall of the Court

By means of a decree given by this Court on the 7th December 2018, following a request by Daniel Theuma et it was ordered that deputy curators be chosen to represent the unknown owner in the acts of the schedule of deposit number 2336/2018 in the names Daniel Theuma et vs Deputy Curators and in the other relative and subsequent acts.

By means of a schedule of deposit and concurrent redemption of ground rent filed in the First Hall of the Civil Court, in the names Daniel Theuma, bachelor, son of Ray and Bernardette née Chetcuti, born in Tal-Pietà on the 22nd September, 1988, and residing in Ħal Balzan (ID 450888M) and Rachel Attard, unmarried, daughter of Peter and Simone née Magro, born in Tal-Pietà on the 12th February, 1992, and residing in San Ġwann (ID 106592M) vs Deputy Curators to respresent the unknown owners, on the 5th December, 2018, the applicants Daniel Theuma and Rachel Attard respectfully submitted:

The applicants are the owners of the house with official number 204 Triq il-Kbira, (Main Street), Ħal Balzan, with its free airspace and underlying space, and with a well shared in common with premises number 203, and subject to the annual and perpetual groundrent of €1.17, which premises the applicants acquired by means of a deed in the records of Notary Francesca Mifsud of the 15th February, 2018, a copy of which is being here attached and marked as document AB;

The said groundrent is payable to unknown owners represented by deputy curators;

The applicants wish to avail themselves of the option in Article 1501 of the Civil Code Cap. 16 and thus redeem the said groundrent in terms of the same law;

The amount of groundrent of €1.17 capitalised at the rate of 5% amounts to €23.40;

The applicants are depositing the amount of €5.85 representing 5 years groundrent;

Thus, the applicants are calling upon this Honourable Court and under its authority are depositing the total amount of €23.40 as redemption of the annual and perpetual groundrent and the sum of €5.85 representing 5 years groundrent of the same property so that it may be freely withdrawn by the respondents after leaving the relative receipt according to law.

Applicants:  Daniel Theuma/Rachel Attard ta’ 68 Paradis, Triq il-Gallina, Kappara, San Ġwann SGN 4115

Service: 1. Director Public Registry, Valletta

2. Deputy Curators Law Courts, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

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

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

Given by the Civil Court First Hall, above mentioned, with the witness of the Hon. Madam Justice Miriam Hayman, LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Constitutional Court, on the 1st November 2018, in the records of the Application number 16/15, in the names Angela sive Gina Balzan vs the Hon. Prime Minister et, it was ordered that the following publication be ordered for the purpose of service of the respondents Amanda Aloisio and Marie Chantal Aloisio, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application,filed, in the Constitutional Court, Application number 16/15, in the names Angela sive Gina Balzan vs the Honourable Prime Minister, the Honourable Minister for Home Affairs and National Security, the Attorney General and Amanda and Marie Chantal Aloisio, on the 30th October, 2017, the applicant Attorney General and the Honourable Prime Minister respectfully pleaded,

That the Honourable First Court by means of its decision of the 9th October 2017, decided the following:

‘For all these reasons the Court disposes of this cause by;

i. Upholding the preliminary plea of the Honourable Minister for Home Affairs and National Security and frees him from the observance of the judgement;

ii. Upholds the applicant’s requests and it be declared that by the application of Article 12A of Cap. 158 to her property her rights as protected by Article 1 of the First Protocoll of the European Convention are being violated;

iii. Uphold’s the applicant’s requests as regards the lack of compensation for her deprivation from the interests in her property consitute also a violation of Article 37 of the Constitution;

iv. Rejects the applicant’s demands for a declaration of the violation of Article 39 of the Constitution and Articles 6,13 and 41 of the European Convention;

iv. Liquidates the compensation due to the applicant for the violation suffered in the sum of (€15,000);

v. Condemn the respondents Attorney General and the Honourable Prime Minister to pay in solidum the sum of (€15,000) to the applicant Angela sive Gina Balzan;

vi. Does not consider the applicant’s request for eviction of the respondents Aloisio, but states that these cannot make use of Article 12A of Cap. 158 to rebutt any action which the applicant made or may make in the competent forum;

vi. with the costs of the cause to be apportioned one third by the applicant,one third by the respondents representatives of the Government of Malta and one third by the siblings Aloisio.

That the interpellants felt aggrieved by the said decision of the 9th October, 2017, and thus by the present are filing a humble appeal therefrom to this Honourable Constitutional Court.

Facts

That the salient facts of the present case are the following.

… omissis …

IV) That in the present case the appartment in question belongs to the applicant Angela Balzan who has the pereptual emphyteusis of the same and the address is number 3, in Block A, in St Julian’s Court, in Triq Manwel Dimech, San Giljan.

i) That the Honourable First Court was not correct when it decided that the Honourable Prime Minister is the right defendant as regards the present action.

… omissis …

iii) Thus where the representation of Government is involved it is necessary that one refers to Articles 181B of Cap. 12 of the Laws of Malta which was introduced in our juridical system in virtue of Act XXIV of 1995;

iv) That Article 181B of Cap. 12 of the Laws of Malta, provides that the Government, is to be represented in judicial actions by the Head of Department of the Government, who shall be responsible for the matter in dispute. That subsection (2) of the same Article provides that the Attorney General is to represent the Government in those deeds and judicial actions which due to the nature of their demand, cannot be directed against one or more of the other Heads of Department of Government.

v)That in the present case the applicants are complaining of the constitutionality or not of Article 12A of Cap. 158b of the Laws of Malta.

… omissis …

vi) Thus once in the parameters of Article 181B of Cap. 12 of the Laws of Malta it is the Attorney General who is to have the judicial representation of Government, thus in this case it follows that the Honourable Prime Minister is to be freed from the observance of the judgement.

ii) The interpellants submit that the applicant could not invoke a violation of the First Article of the First Protocoll of the Convention due to its succumbence to Article 12A of Cap. 158.

… omissis …

ix) That once the applicant took no action before the coming into force of Article 12A (4) of Cap 158 of the Laws of Malta, the same applicant cannot complain why the State five years after, introduced a law to protect the continuation of the occupation by the emphyteutae.

iii)That the Honourable First Court was not correct in its reasoning when it found a violation of the First Article of the First Protocoll of the European Convention.

(X) That the Court of First Instance found a violation of the property rights of the applicant as protected by means of the First Article of the First Protocoll of the Convention because a just and proportionate balance was not kept between the social purpose of the state to provide accomodation to those in néed and the necessity to respect the fundamental rights of the owner.

… omissis …

(xiii)That in the context of legitimate control by the State of the use of property in the general interest, the Honourable First Court could not put in the same category the value of the property on the open market with the value which is to be paid for the purposes of social accomodation.

… omissis …

(XVII) That the appellant is of the opinion that the applicant did not sufficiently show that she is suffering any excessive and disproportionate burden due to the amount of rent she is collecting.

… omissis …

(XX1) That added to this the lease in favour of the respondents is not a perpetual one which shall be inherited by others.

… omissis …

(XXV) That there is another factor which in the opinion of the interpellant the Honourable First Court did not consider. That despite that one can argue that it is not correct that the State shifts on to the private owner part of its obligation to provide social accomodation to the citizen in néed, however in our country there are services which are given to the citizen without payment including health and education.

(XXVI) It means thus that when one gathers everything and considers all these factors particulary that the rent is rising gradually and that the protection is for a temporary period, the interpellants are of the opinion that the requisites of balance and proportionality are satisfied and were not violated at any moment.

iV) The Honourable First Court was not correct in its reasoning when it found a violation of Article 37 of the Constitution.

… omissis …

(XXX) It is to be stated that there is agreement in Jurisprudence and in Doctrine that in order that there is a violation in terms of Article 37(1) of the Constitution, it is necessary that there are three requisites and namely) i) the forced taking of property, ii) the compensation offered is not reasonable, and iii) lastly it is necessary that there is lack of access to the Courts and the lack of right of appeal.

… omissis …

(XXXIV) That the interpellant is of the humble opinion that for the reasons mentioned in the previous grievances of this Appeal Application, the interpellants should not be condemned to pay the amount of (€15,000) since the circumstances of the case did not represent any violation of the rights of the applicant Balzan in terms of Article 37 of the Constitution and Article 1 of the First Protocoll of the European Convention;

… omissis …

Thus the interpellant whilst referring to the proof and all the submissions brought by them before the Honourable First Court and reserve the right to bring forward all the other proof due to them according to law respectfully pray this Honourable Court to reform the judgement appealed given by the Honourable First Hall Civil Court (Constitutional Jurisdiction) on the 9th October, 2017, in the cause in the names premised by,

a) Confirming it in those parts whereby the Minister for Home Affairs and National Security was freed from the observance of the judgement and whereby it declared that there were not violated the fundamental rights of the applicant Angela Balzan, protected by Articles 6, 13 and 41 of the European Convention, and

b) Cancel it, revoke it and annull in those parts that the Prime Minister is not to be freed from the observance of the judgement, where the applicant suffered a violation of its fundamental rights as protected by Article 37 of the Constitution and the First Article of the First Protocoll of the European Convention, whereby it declared that the respondents siblings Aloisio cannot invoke Article 12A of Cap. 158 of the Laws of Malta, in order to continue residing in the apartment merit of the present cause and where it condemned the interpellants to pay the applicant compensation in the amount of €15,000 and instead rejected all the applicant’s demands as brought forward in the original application, with costs of both instances against the respondent.

Appellants: 1) Attorney General, Office of the Attorney General, The Palace, Valletta

Respondents: 1) Amanda Aloisio, Flat 3, Block A, St Julian’s Court, Triq Manwel Dimech, San Ġiljan

2) Marie Chantal Aloisio, Flat 3, Block A, St Julian’s Court,Triq Manwel Dimech, San Ġiljan

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 1st July, 2019, the First Hall Civil Court ordered the publication of the following warrant of seizure and the notice of the judicial sale by auction for the purpose of effecting service in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap 12) on the respondent Kalatsov Denniss.

By means of a Warrant of Seizure number 2394/18MB in the names KnK Airconditioners Co. Ltd (C147162) vs Denniss Kalatsov (ID 149821A) filed in the Courts of Magistrates (Malta) on the 12th December, 2018, whereby KnK Airconditioners Co. Ltd requested with respect this Honourable Court to order the issue of the warrant of seizure against the said debtor for the sum hereunder mentioned and for the costs of this procedure in execution of its executive title hereunder mentioned.

Credit: Costs €453.03 that consists in the costs of this law suit Doc. A that amounts to €212.32 and VAT that amounts to €21.60 and costs of the precautionary warrant that amounts to €208.63 and the VAT that amounts to €10.48 Doc. B and C attached. The costs of the consignatory of this warrant number 1699/17 reserved and the costs of this present amounts to €131.57 and the VAT that amounts to €10.90. Together amounts to €595.50. Costs of the consignatory of the precautionary warrant and of the present reserved, further costs reserved.

Executive title: According to a judgement given by the Small Claims Tribunal on the 27th June 2018 in the names KnK Airconditioners Co. Ltd vs Kalatsov Denniss number 431/17PA.

Creditor: KNK Airconditioners Ltd, 7 Dar it-Tuta, Triq il-Ħwawar, Iklin

Debtor: MountCarmel, Flat 2, Triq Giovanni Chetcuti, Mosta

Execution: Toyota Vitz white in colour Reg. No. BCH 606, St Joseph High Road, Santa Venera

Consignatory: Randolph Cauchi, JNJ Boat Yard 55, Limits of Għadmija, Mqabba

Notification: Transport Malta Centre, Lija – Raħal Gdid

Notification: Dennis Kalatsov, MountCarmel, Flat 2, Triq Giovanni Checuti, Mosta

Republic of Malta

To the Marshal of the Courts

Whereas the above application has been filed and it contains the elements required according to law for the issue of the orders herein contained.

… omissis …

Given by the Courts of Magistrates (Malta) and witnessed by Mag Simone Grech, BA, LLD, Mag. Jur. (Eur. Law) Doctor of Laws of the said Court.        

Judicial Sale by Auction Notice

By decree given by the Civil Court, First Hall on 30th September, 2019, on the application of KNK Airconditioners Co. Ltd (C 147162), Wednesday, 27th November, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction to be held at number 55, J&J Boatyard, Limits of Għadmija, Mqabba, of the following items seized from the property of Kalatsov Denniss (ID149821A):

Vehicle of the made Toyota Vitz with the registration number BCH 606 white in colour.

N.B. The said vehicle will be sold as described in the acts of judicial sales number 8/19.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

 DKR 442/2013 – Cancellation of a Freezing Order

It is being notified that by a decree dated 9th September, 2019, given by Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Claire L. Stafrace Zammit, LLD) after an application filed by Steve Galea on the 6th September, 2019, and following judgement given by the same Court on the 11th February, 2019, Compilation number 773/2013, in the case in the names:

The Police 

(Inspector Chris Pullicino)

(Inspector Sylvana Briffa)

Versus

Steve Galea, 27 years, son of Leslie and Margaret née Cordina, born in Tal-Pietà, Malta, on the 25th July, 1992, residing at Swatar Court, Flat 1, Mro Giuseppe Camilleri Street, Birkirkara, Malta, and holder of Maltese identity card bearing number 368692M;

omissis;

omissis

The Court Ordered the Cancellation of the freezing order of all the assets of the said Steve Galea, which order was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Claire L. Stafrace Zammit, LLD) by a decree dated 18th November, 2013, and published in the Government Gazette of the 22nd November, 2013. 

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

MARVIC PSAILA

Deputy Registrar, Criminal Courts and Criminal Tribunals

By decree given by the Civil Court, First Hall on the 30th September, 2019, on the application of Gialanze Joseph (ID 668044M) et, Thursday, 28 November, 2019, at half past eleven in morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number78, nearby the Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Garage internally numbered one (1), forming part of a building complex without number, named Cassar Buildings, situated in Triq il-Barjola in Gudja, consisting of a block of garage rather a store with an office, and overlaying offices, which property is all found built on a divided share of land known as plot numbered four (4), measuring approxiametely one hundred, and forty one square metres (141 sqm), forming part of the territory known as ‘Tal-Mitħna’, known as ‘Ta’ Mensiva’, known as ‘Ta’ Don Angelo’ and bounding North with property of Carmelo Cassar Limited, with East with property of C.A.E.J.A. Abela Brothers and West by the said Triq Barjola. The garage, free and unencumbered, with all its rights and enjoyments, is valued at two hundred and fifty-three thousand euro (€253,000).

The said tenement is the property of Barjola (Real Estate) Limited (C 17670).

N.B. The said tenement will be sold as described in the acts of judicial sales number 49/2018.

GAETANA AQUILINA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the First Hall Civil Court, on the 25th September, 2019, in the records of the Sworn Application in the names Joseph Bajada et vs Isslam Tawfik, Application number 732/19 MCH, the following publication was ordered for the purpose of service of the respondent Isslam Tawfik, 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 Joseph Bajada (ID 36863G) and Lorita Bajada (ID 127969M) vs Isslam Tawfik (ID 20382A) on the 25th July, 2019, the applicant Joseph Bajada (ID 36863G) et asked this Honourable Court,

1. To declare that the works executed by the defendant in the property of the plaintiff and namely a) blokk of building without number and without name in Triq Edgar Ferrero, Pietà,were not executed as required by the trade or art, liquidate the damages suffered by the plaintiff and order the defendant to pay the plaintiff the sum liquidated by this Honourable Court as damages and uphold the other demands in the aplication.

With costs against the defendant, from now summoned so that a reference to his evidence be made.

The Sworn Application in the names Joseph Bajada et vs Isslam Tawfik, Application number 732/19 MCH, has been deferred for hearing to the 28th October, 2019, at 9.00 a.m.

Notify Respondent: 227, Triq iż-Żewġ Mini, Isla

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the 23rd September, 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(5) of the Code of Organization and Civil Procedure (Cap. 12).

That by the application filed by Skyway Limited (C 3236) on the 15th October, 2018, is asking for the withdrawal of the amount of €499.46 by Skyway Limited deposited by the Schedule of Deposit number 1512/2018 after a garnishee order number 1244/2018 in the names of: Skyway Limited (C 32636) vs MWG Limited (C 56082) and after a garnishee order number 2117/2014 in the names of Vincenzo Serratore vs Bernard Arpa noe et.

The Court ordered the notification of this application with five (5) days for filing a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By a decree of the 10th September, 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 Pharmachemic Trading Agency Company Limited (C 33697) on the 19th November, 2018, is asking for the withdrawal of the amount of €3729.13 by Pharmachemic Trading Agency Company Limited (C 33697) deposited by the Schedule of Deposit number 2411/2018 after a garnishee order number 1928/2013 in the names of Von Brockdorff Imports Limited C9072 vs MGS Limited (C 6883) and after a garnishee order number 1968/2014 in the names of Pharmachemic Trading Agency Company Limited (C 33697) vs M.G.S. Limited and after a garnishee order number 2528/2014 in the names of Patrick Nicholl (ID 242776M) noe vs M.G.S. Limited (C 6883).

The Court ordered the notification of this application with seven (7) days for filing a reply.

MARVIC FARRUGIA

For Registrar of Courts and Civil Tribunals

By decree given by the Civil Court, First Hall on the 2nd October, 2019, on the application of J. Zammit Limited (C 37945), Wednesday, 13th November, 2019, at eleven in the morning (11.00 a.m.) has been fixed for the Sale by Auction to be held at Aries House, Triq l-Imdina, Ħaż-Żebbuġ, of the following items seized from the property of Stefanov Alexander (ID 48811A):

Vehicle of the type Mercedes Benz with Chassis Number WDB2037422A458276. 

N.B. The said vehicle will be sold as described in the acts of judicial sale number 13/2019

GAETANA AQUILINA

For the Registrar of Civil Court and Tribunals

By means of a decree of the 2nd October, 2019, in the records of the judicial letter number 2623/19 in the names Mark Anthony Ellul Sullivan vs Karsten Kusch, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Karsten Kusch in terms of Article 2130(2) of Cap. 16. 

In the First Hall of the Civil Court

To:Karsten Kusch (Danish passport number 205517755), 114 Ayia Sofia, 7104 Aradippou, Republic of Cyprus

Poul Erik Damkjaer (Danish passport number 202398387), Risager 52, 6100 Haderslev, Denmark

By this present letter, the senders Mark Anthony Ellul Sullivan, holder of identity card number 171372M, of 48, Triq Santa Katerina, Gudja, and Charles Ellul Sullivan, holder of identity card number 54142M, of Navillus, Triq l-Imdina, Ħal Qormi, refer you to the amounts due by the company Robert Damkjaer (Malta) Limited (C 30652) to the Department of Inland Revenue and, in particular, to those sums due for the years throughout which you occupied the position of directors in the same company together with the senders.

The senders inform you that recently they were constrained to make good for such amounts personally, and this including for the amounts relative to the years during which you were also directors of the same company. Therefore, the senders are presently calling upon you to come forward, within fifteen days from today, for the liquidation and payment of the amounts due by yourselves with respect to the above-mentioned matter, together with the relative interests. In default, the senders will have no option but to proceed against you judicially.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd October, 2019, in the records of the judicial letter number 3776/19 in the names BNF Bank plc vs Dr Jorge Humberto Correia Tome, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Dr Jorge Humberto Correia Tome in terms of Article 2130(2) of Chapter 16.

In the First Hall of the Civil Court

To:Dr Jorge Humberto Correia Tome (Portuguese passport number J956488), Avenida Jose Malhoa, 22, 1099-012, Lisbon, Portugal

By this present the company BNF Bank plc (C 41030) of Level 2, 203, Rue D’Argens, Gżira, Malta refers to your office and functions as director of the same BNF Bank plc (formerly Banif Bank (Malta) plc) from 8th November, 2012, to 20th December, 2015, as well as to the private writing bearing the date of 9th October, 2014, which you entered into together with Joaquim Francisco da Silva Pinto in the name of the company with Adrian Coppini, who at the time was also a director of the company, with the intention of amending the contract of service dated 14th May, 2007, of the said Adrian Coppini in order for him to benefit from the payments and benefits therein mentioned.

The company draws your attention that the said private writing was entered into illicitly without the necessary approvals from the appropriate organs of the company according to law and according to the articles of association of the said company, namely the meeting of the directors and the general meeting of shareholds. It also transpires that the said private writing was entered into without the knowledge of the said organs of the company and behind their backs;

As a director of  the company  during the relevant time it was your duty to ensure that no agreement is entered into and no payments and/or benefits of the nature described in the said private writing are awarded in the name of the company without the necessary approvals of such organs of the said company;

The company also cautions you, for all intents and purposes, that in so far as the said private writing was entered into unlawfully, in particular but not limitedly, in breach of article 144(1)(b) of Chapter 386 of the laws of Malta, the same agreement is null and void at law;

As a consequence of your willful and/or negligent actions and omissions as well as the breach of your obligations as director of the company, the said company has suffered and may still suffer significant damages.

Now therefore while placing you formally in mora, culpa and dolo for all intents and purposes at law, the company warns you that the above mentioned agreement bearing the date of the 9th October, 2014, is null and void at law, while holding you responsible as from now for all damages which it has suffered and which it may still suffer as a result of your conduct aforementioned.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 2nd October, 2019, in the records of the judicial letter number 3777/19 in the names BNF Bank plc vs Joaquim Francisco da Silva Pinto, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondent Joaquim Francisco da Silva Pinto in terms of Article 2130(2) of Chapter 16.

In the First Hall of the Civil Court

To:Joaquim Francisco da Silva Pinto (Portuguese passport number N099778), Rua da Fabrica das Cavadinhas, no 171, 4415-220 Pedroso, Portugal

By this present the company BNF Bank plc (C 41030) of Level 2, 203, Rue D’Argens, Gżira, Malta refers to your office and functions as chief executive officer and managing director of the same BNF Bank plc (formerly Banif Bank (Malta) plc) from 27th March, 2007, to 23rd August, 2017, as well as to the private writing bearing the date of 9th October, 2014, which you entered into together with Dr Jorge Humberto Correia Tome in the name of the company with Adrian Coppini, who at the time was also a director of the company, with the intention of amending the contract of service dated 14th May, 2007, of the said Adrian Coppini in order for him to benefit from the payments and benefits therein mentioned.

The company draws your attention that the said private writing was entered into illicitly without the necessary approvals from the appropriate organs of the company according to law and according to the articles of association of the said company, namely the meeting of the directors and the general meeting of shareholds. It also transpires that the said private writing was entered into without the knowledge of the said organs of the company and behind their backs;

As the most senior executive within the company and moreover as a director of the company during the relevant time it was your duty to ensure that no agreement is entered into and no payments and/or benefits of the nature described in the said private writing are awarded in the name of the company without the necessary approvals of such organs of the said company;

The company also cautions you, for all intents and purposes, that in so far as the said private writing was entered into unlawfully, in particular but not limitedly, in breach of article 144(1)(b) of Chapter 386 of the laws of Malta, the same agreement is null and void at law;

As a consequence of your willful and/or negligent actions and omissions as well as the breach of your obligations as chief executive officer and as director of the company, the said company has suffered and may still suffer significant damages.

Now therefore while placing you formally in mora, culpa and dolo for all intents and purposes at law, the company warns you that the above mentioned agreement bearing the date of the 9th October, 2014, is null and void at law, while holding you responsible as from now for all damages which it has suffered and which it may still suffer as a result of your conduct aforementioned.

So much for your better guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

Republic of Malta 

To the Marshall of the Court

By means of a decree given by this Court, on the 9th July, 2019, following a request of Marie Therese Bernard et it was ordered that deputy curators be chosen to represent the unknown coowners, in the records of the Sworn Application 629/2019 MH, in the names Marie Therese Bernard et vs Deputy Curators and in the other relative and subsequent acts.

By means of a Sworn Application, filed, in the First Hall Civil Court, in the names: (i) Marie Therese Bernard (ID 217852M), (ii) Madeliene Bernard (ID 241756M), (iii) Marguerite wife of Marcel Cassar (ID 621657M), (iv) Marianna wife of Christopher Caruana Turner (ID 82361M), (v) Marie Claire wife of Nicholas Borda (vi) Albert Bernard (ID 133749M) and (vii) Profs Anthony Bernard (ID 333850M) vs deputy curators to represent the unknown co-owners of the premises 97 and 98 Triq Zekka, Valletta, on the 25th June, 2019, the applicants Maria Therese Bernard et in terms of Article 495A of Cap. 16 of the Laws of Malta requested with respect:

1. That the applicants and the respondents are siblings and they are children of the late Paul Ludovico Bernard and Maria Felicita Bernard née Micallef Eynaud;

2. That Maria Felicita Bernard née Micallef Eynaud died on the 11th September, 2009, as results from the death certificate marked as Doc. X1;

3. That Paul Ludovico Bernard died on the 24th March, 1982, as results from the death certificate marked as Doc. X2;

4. That Paul Ludovico Bernard died without a will and so by application of the law, he left the usufruct of all his estate to his wife, whilst his inheritance was bequeathed to his children in equal shares and this as results from Documents X3, X4 and X5;

5. That the Parish Priest of Balluta of that time confirmed who were the children of Paul Ludovico Bernard as results from Doc. X6, that is the applicants, in this application;

6. By means of a declaration numbered 2549/82 the applicants declared that they inherited property from their father, attached as Doc. X7;

7. In the year 2009 their mother Maria Felicita Bernard died and she left a will in the acts of Notary Victor John Bisazza dated 5th April, 2005, which will was her last will as results from the testamentary searches and will which are all attached as Doc. X8, X9 andX10. The deed causa mortis made before Notary Sean Critien dated 9th March, 2010, also results which document is attached and marked as Doc. X11;

8. This application concerns two small premises with two separate doors numbered 97 and 98 in Triq Zekka, Valletta, which property is derived from the inheritance of the applicants’ father as results from the causa mortis/declaration here attached and marked as Doc. 7;

9. That the applicants’ father held 5/6 undivided share of the property at 97, Old Mint Street, Valletta, and 79/90 undivided share of the premises of 98, Old Mint Street, Valletta, of these premises regarding this applicants, as results from the attached declaration/causa mortis here attached and marked as Doc. X6 and also as it results in the most ample manner from the contract of sale here under explained marked as Doc. X7;

10. Thus the parties in this application are the co-owners together in undivided shares of the two premises numbered 97 and 98 in Triq Zekka, Valletta, but the applicants wish to acquire the remaining share, which is owned by unknown owners, of these two premises in Triq Zekka, Valletta, and so they filed this application;

11. The applicants inherited inter alia the shares that their father held in this property subject matter of this application;

12. Their father acquired this property by means of a deed of the 14th July 1950 in the acts of Notary Giorgio Borg Olivier here attached and marked as Doc. X7A where their father Colonel Joseph Francis Bernard sold and transferred to his brother Dr Albert Victor Bernard who appeared on the deed on behalf of his son Paul Ludovico Bernard who is the father of the applicants in this application and where in pages 509 to 510 it is stated that Paul Ludovico Bernard acquired:

i) 5/6 undivided share of the premises 97, Old Mint Street, Valletta and

ii) 79/90 undivided share of the premises 98, Old Mint Street, Valletta.

13. The applicants inform this Honourable Court that they do not have any pending proceedings against each other, and they wish to acquire the remaining share between them, the applicants also declare that they do not know to whom this undivided share belongs to;

14. Therefore, in compliance with all the elements of Article 495A of Cap. 16, a sworn declaration of the applicants is being attached where they agree that they pay the balance of the price for that unknown share which will be exhibited during the sitting;

15. This application had to be made and deputy curators are to be appointed to represent the owners of that unknown undivided share of the two premises 97 and 98 of Triq Zekka Valletta, regarding this application.

Thus, the respondents nomine are to state why this Honourable Court, subject to any necessary and opportune declaration, should not:

1. Order (and if required, appoint an architect be nominated for the valuation) the sale of the undivided share of 1/6 of the property numbered 97 in Triq Zekka, Valletta;

2. Order (and if required, appoint an architect be nominated for the valuation) the sale of the 11/90 undivided share of the property numbered 98 in Triq Zekka, Valletta;

3. Order the Registrar of Courts to publish a copy of the application in the Government Gazette and in a daily local newspaper;

4. Nominate for this purpose a Notary, so that the final deed will be published for the opportune transfer and for any other necessary or accessory act;

5. Set a day, time and place for the publication of the opportune notarial deed;

6. Nominate deputy curators to appear for the people who remain contumacious;

7. Give all the orders that it may deem fit and opportune in the circumstances, including the payment of the unknown share subject matter of this sworn applicants to the deputy curators nomine.

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

Applicants: Forrest Crt, Fl8, Triq il-Mensija, San Ġiljan

Respondent: Deputy Curators, Law Courts, Valletta

You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this registry within six days and by means of a minute to submit a declaration that he wishes so to act.

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

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

Given by the Civil Court First Hall, above mentioned,n with the witness of the Hon. Mr Justice Grazio Mercieca LLD, Doctor of Laws.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals.

By means of a decree given by the Civil Court First Hall, on the 1st October, 2019, in the records of the Sworn Application in the names Libya Trade & Ventures Limited vs Sixtyseven Assets Limited, Application Number 421/19 MCH, the following publication was ordered for the purpose of service of the respondent company Sixty Seven Assets Limited, 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 Libya Trade & Ventures Limited (C 54536) vs Sixty Seven Assets Limited (C 56739) and .... as Deputy Curators to represent the absent I.G.N. sprl, a company registered in Belgium with registration number 0434695897, Hub’Air sprl, a company registered in Belgium with number of registration 0457 758 737, and Francois Brocart, holder of Belgian passport number EG541158, on the 29th April, 2019, the applicant company asked the respondents why this Honourable Court should not:

1. Decide the cause without proceeding to a hearing in terms of Articles 167 et sequitur of Cap 12 of the laws of Malta;

2. Declare and decide that the respondent or either of whom are debtors of the applicant in the sum of one hundred fifty thousand euro (€150,000) according to a Share Purchase Agreement between the parties and condemn the respondent to pay that sum to the applicant within a short and peremptory period that shall be fixed by this Honourable Court.

With costs and legal interest till the date of effective payment against the respondents summoned so that a reference to their evidence be made.

The Sworn Application in the names Libya Trade & Ventures Limited vs Sixty Seven Assets Limited et noe, Application Number 421/19 MCH, has been deferred for hearing to the 14th October, 2019, at 9.00 a.m.

Notify respondent company: Il-Pjazzetta A, Suite 21, Triq it-Torri, Tas-Sliema

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

DKR 240/2016- VARJAZZJONI TAL-IFFRIŻAR TAL-ASSI

Ikun jaf kulħadd illi b’digriet mogħti fis-16 ta’ Lulju, 2019, mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja (Maġistrat Dr Neville Camilleri LLD) wara rikors ippreżentat minn Ludwig Borg fit-3 ta’ Mejju, 2019, Kumpilazzjoni numru 392/2016, fil-kawża fl-ismijiet:

Il-Pulizija 

(Spettur Gabriel Micallef)

Kontra

Ludwig Borg, ta’ 36 sena, mekkanik, bin Anthony u Emanuela xebba Gauci, imwieled Tal-Pietà, Malta nhar l-24 ta’ Awwissu 1982, residenti fil-fond bin-numru 17, Mantwann, Triq Ilmnara, In-Naxxar, Malta u detentur tal-karta tal-identità Maltija bin-numru 477682M.

Il-Qorti awtorizzat lill-akkużat Ludwig Borg sabiex ikompli jħallas iż-żewg home loans li huwa għandu mal-Bank of Valletta plc u l-imsemmi bank jaċċetta dawn id-depożiti fil-kontijiet bin-numri 40021414567 u 40021414583. 

Din il-varjazzjoni qed issir ai termini tal-Artikolu 22A tal-Ordinanza dwar il-Mediċini Perikolużi, Kap 101 tal-Liġijiet ta’ Malta u l-Artikolu 23A tal-Kapitlu 9 tal-Liġijiet ta’ Malta u in segwitu ta’ ffriżar tal-assi liema digriet ingħata mill-Qorti tal-Maġistrati (Malta) bħala Qorti Struttorja (Maġistrat Dr Charmaine Galea LLD) fis-27 ta’ Lulju, 2016, u ppubblikata fil-Gazzetta tal-Gvern tad-9 ta’ Awwissu, 2016, fejn il-Qorti kienet ordnat is-sekwestru f’idejn terzi persuni b’mod ġenerali tal-flejjes u l-proprjetà mobbli jew immobbli kollha li jkunu dovuti lill-imsemmi Ludwig Borg jew li huma proprjetà tiegħu.

Illum, 25 ta’ Lulju, 2019

Reġistru tal-Qrati ta’ Ġuriżdizzjoni Kriminali (Malta) 

MARVIC PSAILA

Deputat Reġistratur, Qrati u Tribunali Kriminali

By means of a decree given by the Civil Court First Hall, on the 8th May, 2019, in the Records of the Application in the names HSBC Bank Malta p.l.c. (C 3177) vs Events Travel and Incentives Ltd et, Application Number 114/19 AF, the following publication was ordered for the purpose of service of the respondent Sharon Borg Costanzi, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Civil Court First Hall in the names HSBC Bank Malta p.l.c. (C 3177) vs Events Travel and Incentives Ltd (C 13049) Uniformity Ltd (C 19736) Accents Ltd (C 19163) Costanzi Group Ltd (C 18524) Mark Borg Costanzi (ID 451766M) and Sharon Borg Costanzi (ID 193767M) on the 6th February, 2019, the applicant company HSBC Bank Malta p.l.c. in terms of Article 258 of Cap. 12 of the Laws of Malta respectfully pleaded:

That by means of a contract of constitution of debt in the records of Notary Dr Joseph Tabone of the 27th August, 2009, the respondents were confirmed debtors of the applicant Bank and this as results from the annexed contract.

That despite that there passed a number of years from the date of the contract mentioned and despite that repayments were made there is a substantial balance due to the applicant Bank.

That more than five years lapsed from the date of the same contract and the applicant company is by means of the present demanding authorisation of this Honourable Court in terms of Article 258(C) of Cap. 12 of the Laws of Malta in order to execute this same title against the respondent for the balance still due.

Thus the applicant company respectfully prays that this Honourable Court authorises the applicant company to pass on to the execution of the same executive title above mentioned since there passed more than five years from the date of the same contract and the debt is not settled and this in terms of Article 258C of Cap. 12 of the Laws of Malta.

Applicant: 32, Triq il-Merkanti, Valletta

Notify respondent: 25, Triq Brittania, Mosta

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals